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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 5, 2000
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
Genser at 6:24 p.m., on Tuesday, December 5, 2000, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Absent:
Mayor Ken Genser
Councilmember Richard Bloom
Councilmember Michael Feinstein
Councilmernber Robert T. Holbrook (arrived at 7:30 p.m.)
Councilmember Kevin McKeown
Councilmernber Paul Rosenstein
Mayor Pro Tern O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
SPECIAL ITEMS:
RECOGNITION -
COUNCILMEMBER
ROSENSTEIN
ORDINANCES:
GREEN BUILDING
ORDINANCE
CLOSED SESSIONS: On order of the Mayor, the City Council convened
at 6:24 p.m., and then adjourned to consider closed sessions, with
Councilmember Holbrook and Mayor Pro Tern O'Connor absent. Action
taken on closed sessions was reported at the end of the meeting.
On order of the Mayor, the City Council reconvened at 7:30 p.m., with all
members present. Councilmember Bloom led the assemblage in the Pledge
of Allegiance.
4-A: Recognition of service rendered by retiring Councilmember and
former Mayor Paul Rosenstein.
Councihnembers expressed their appreciation to Councilmember Rosenstein
for the many years of service to the community as an activist, a commission
member, and as a Councilmernber.
8-A: Introduction and first reading of a Green Building Ordinance -
introduction and first reading of a construction and demolition material
waste management ordinance for all construction in Santa Monica;
recommendation to approve Green Building Guidelines; adoption of
Resolution No. 9599 (CCS) entitled: "A RESOLUTION OF THE CITY OF
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December 5, 2000
1414
SANTA MONICA CERTIFYING A NEGATIVE DECLARATION
EVALUATING THE ENVIRONMENTAL IMPACTS OF THE
GUIDELINES AND IMPLEMENTING ORDINANCES;" and adoption of
Resolution No. 9600 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA SPECIFYING LOCAL FACTORS WHICH mSTIFY
MORE STRINGENT ENERGY EFFICIENCY STANDARDS," was
presented.
Motion by Councilmernber Feinstein. seconded bv Councilmernber
McKeoID!, to combine this matter with Item 14-D. The motion was
unanimously approved by voice vote, with Mayor Pro Tern O'Connor
absent.
GREEN BUILDING 14-D: Request ofCouncilmember McKeown to direct staff to evaluate
GUIDELINE STANDARDS the potential for streamlining planning and permitting processes for
projects demonstrating certain levels of sustainability achievement
above minimum green building guideline standards.
Members of the public Ralph Mechur and Dennis Zane spoke in support of
the proposed ordinance. Member of the public, Quincy, spoke in support of
the item 14-D request.
Motion by Councilmernber Feinstein. seconded by Councilmember
McKeoID!, to adopt Resolution No. 9599 (CCS) under item 8-A, reading b)
title only and waiving further reading thereof. The motion was approved by
the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion bv Councilmernber Feinstein. seconded bv Councilmernber
McKeoID!, to adopt Resolution No. 9600 (CCS) under item 8-A, reading by
title only and waiving further reading thereof. The motion was approved by
the following vote:
AYES:
Councilmernbers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
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December 5, 2000
1415
Motion by Councilmernber Feinstein.. seconded by Councilmernber
McKeo~ to introduce and hold first reading of the ordinance, reading by
title only, and waiving further reading thereof. The motion was approved by
the following vote:
AYES:
Councilmernbers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion by Councilmember Feinstein. seconded by Councilmernber
McKeo~ to approve budget changes proposed in the report. The motion
was approved by the following vote:
AYES:
Councihnernbers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion by Councihnernber McKeown. seconded by Councihnember
Rosenstein.. to approve request ofitem 14-D. The motion was unanimously
approved by voice vote, with Mayor Pro Tern O'Connor absent.
Motion by Councihnernber McKeown. seconded by Councilmember
Feinstem, to direct staff to return with a "dark sky" ordinance. The motion
was unanimously approved by voice vote, with Mayor Pro Tern O'Connor
absent.
DANGEROUS ANIMALS 8-B: Introduction and first reading of an ordinance amending Santa
Monica Municipal Code Section 4.04.280 and 4.040.290 relating to
dangerous animals, was presented.
Members of the public Ed Muzika, Randy Walburger, and Deborah Ramber
spoke in support of the proposed ordinance.
Motion by Councilmernber McKeown. seconded by Councilmember
Feinstein. to introduce and hold first reading ofthe ordinance, reading by
title only, and waiving further reading thereof. The motion was approved by
the following vote:
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December 5, 2000
1416
HISTORIC DISTRICT
DESIGNATION
STAFF ADMIN. ITEMS:
AIRPORT, BA YSIDE
DISTRICT, AND
BERGAMOT STATION
PROPERTIES
AFFORDABLE ARTIST
HOUSING
AYES:
Councihnernbers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
8-C: Second reading and adoption of Ordinance No. 1994 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
DESIGNATING THE FOUR RESIDENTIAL BUILDINGS
LOCATED AT 137, 141, 145, AND 147 BAY STREET AS AN
HISTORIC DISTRICT," was presented.
Motion by Councihnember Feinstein. seconded by Mayor Genser, to adopt
Ordinance No. 1994 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councihnernbers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
9-A: Proposed guidelines for leasing of non-aviation properties at the
Santa Monica Airport and City-owned properties within the Bayside
District and at Bergamot Station - recommendation to approve the
proposed Leasing Guidelines for the subject properties and authorization for
the City Manager to implement the guidelines, as approved. (Public hearing
closed on November 28,2000.)
It was the consensus of Council that items 9-A and 9-B be considered
together.
9-B: Study and Strategies for preservation of Santa Monica Affordable
Artist Housing and Studio Space - recommendation to receive and file the
proposed Study of Artist Live/Workand Studio Space in Santa Monica and
Strategies to Preserve and Enhance Affordable Artist Housing and Studio
Space, and authorize staff to proceed with implementation. (Public hearing
closed on November 28,2000.)
Motion by Mayor Genser. seconded by Councihnernber McKeo~ that for
the Airport properties, approve the guidelines amended to clarifY that
tenants, at the end of5-year or applicable 3-year options, ifunrenewable, are
not excluded from being eligible for another lease term; to set the rental rate
for artist at .65 cents per square foot or as adjusted by CPI from a certain
point forward; staff to return at appropriate time with discussion on what
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December 5, 2000
1417
this decision means relative to capital or budgetary planning for the Airport;
that in the section on marketing, the methods for direct contact with
individuals be segregated into a different group of methods which may be
used in addition to the general outreach methods.
Motion to amend by Councilmember Rosensteill, to direct staff to return to
Council within three months with recommendations on the allocation of
artist facilities. The motion was accepted as friendly.
Motion to amend by Councilmernber McKeo~ to direct staff to look at the
ability o(keeping rents low by using one-time city-money as a way of
avoiding tenant finance build outs which result in rental credits and diminish
the Airport cash flow. Motion died for lack of a second.
Motion to amend by Councilmember McKeo~ to approve the step
increases so that the amount increased in anyone year not exceed 20% of
the starting year's rent, as proposed on page 11 of the report. Motion wa~
accepted as friendly.
After considerable discussion on various issues, on order of the Mayor, a
vote was requested on the portion of the main motion of approving a rate of
.65 cents at 3026 Airport, and .76 cents in other Airport spaces, was
approved by the following vote:
AYES
Councilmernbers Feinstein, McKeown, Rosenstein,
Mayor Genser
Councilmernbers Bloom, Holbrook
Mayor Pro Tem O'Connor
NOES:
ABSENT:
Motion to amend by Councilmernber McKeo~ that the increases be spread
over four years. The motion died for lack of a second.
Motion to amend by Mayor Genser, that artists that stay on beyond 5 or 8
years, if eligible to stay, be allowed to keep the same rate, plus CPI. The
motion was accepted as friendly.
Motion to amend by Councilmernber Rosenstein. that income qualification
be included in the Request for Proposals process; that the Master Lease RFP
for 3026 building be released within three months; and that one of the
considerations will be on how to maintain diversity of income on low-
income artists in the space. The motion was accepted as friendly.
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December 5, 2000
1418
Motion to amend by Councilmernber Feinsteill, to direct staff to review the
feasibility of including buildings such as the Spit Fire, in the green energy
purchasing process. Motion accepted as friendly.
The vote on the main motion for the Airport Guidelines, as amended, was
approved by the following vote:
AYES:
Councilmernbers Bloom, Feinstein, McKeown, Rosenstein,
Mayor Genser
Councilmember Holbrook
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion by Councilmernber Holbrook. seconded by Councilmember
Rosenstein. to approve staff recommendation on the Bayside District
portion of the Guidelines.
Motion to amend by Councilmernber Feinstein. to direct staff to review the
possibility of including buildings in this area in the green energy purchasing
process. The motion was accepted as friendly.
Motion to amend by Councilmernber Feinstein. that atthe end of a lease, a
tenant may still be eligible for new lease. The motion was accepted as
friendly.
Motion to amend by Mayor Genser, that some public dissemination of the
marketing advertisements be required. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmernbers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion by Councilmernber Holbrook. seconded by Mavor Genser, to
approve staff recommendation for the Bergamot Station portion of the
Guidelines.
Motion to amend by Councilmember Feinsteill, to direct staff to review the
possibility of including buildings in this area in the green energy purchasing
process. The motion, was accepted as friendly. The main motion, as
amended, was approved by the following vote:
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December 5, 2000
1419
RECESS
FLUORIDATION OF
DRINKING WATER
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Motion by Councilmernber McKeown, seconded by Mayor Genser, to
approve staff recommendation on item 9-B, amended to change the phrase
"authorize staff" to "direct staff" on page 13, and to direct staff to designate
a project manager to assure implementation. The motion as amended, was
approved by the following vote:
AYES:
Councilmernbers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Genser
None
Mayor Pro Tem O'Connor
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 10:28 p.rn., and
reconvened at 10:45 p.m., with Mayor Pro Tern O'Connor absent.
9-C: Informational report on potential fluoridation of City drinking
water -recommendation to review information presented and provide policy
direction to staff. (Public hearing closed on November 28,2000.)
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook, to direct staff to proceed with fluoridation of the City's water.
Motion to amend by Councilmernber Bloom, to direct staff to review the
literature on the efficacy of fluoride every two years and notifY the
community and Council of this information; and that implementation be
conditioned on an agreement of receipt of grant funds to provide for the
infrastructure needed for the project. The motion was accepted as friendly.
The main motion, as amended, failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmernbers Bloom, Rosenstein, Holbrook
Councilmernber Feinstein, McKeown, Mayor Genser
Mayor Pro Tern O'Connor
Councilmernber Holbrook requested that his "aye" vote be changed to a
"no" vote for a final vote as follows:
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December 5, 2000
1420
AYES:
NOES:
Councilmernbers Bloom, Rosenstein
Councilmernber Feinstein, McKeown, Holbrook,
Mayor Genser
Mayor Pro Tern O'Connor
ABSENT:
RESOLUTIONS: 12-A: Resolution to provide health coverage for Domestic Partners for
DOMESTIC PARTNERS - Police and Fire members - recommendation to adopt Resolution No. 9601
HEALTH COVERAGE (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
TO PROVIDE COVERAGE FOR DOMESTIC PARTNERS UNDER THE
CALPERS HEALTH PLAN FOR SAFETY (POLICE & FIRE)
MEMBERS," was presented.
Motion by Councilmernber McKeown.. seconded by Councilmernber
Feinstein. to adopt the resolution, reading by title only, and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
COUNCILMEMBER
ITEMS:
LANDMARKS
COMMISSION
14-A: Appointment to one unscheduled vacancy on the Landmarks
Commission for a term ending June 30, 2002. (Continued from
November 28, 2000.)
On order of the Mayor, this matter was continued to December 19,2000.
PRC
14-B: Appointment to one full term on the Pier Restoration
Corporation for term ending November 10, 2004.
On order of the Mayor, this matter was continued to December 19, 2000.
14-C: Appointments to the Pier Restoration Corporation -
Appointments to the following terms on the Pier Restoration Corporation:
One appointment for a term ending November 2001; three appointments for
terms ending November 2002; three appointments for terms ending
November 2003; and 2 appointments for terms ending November 2005, as
recommended by the Pier Restoration Corporation.
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December 5,2000
1421
On order ofthe Mayor, this matter was continued to December 19,2000.
NAMING CITY VENUES -14-E: Councilmember Rosenstein requests Council direction to staff to
AFTER CESAR CHAVEZ solicit public input and return with recommendations on naming city
AND MARTIN LUTHER venues (like Virginia Park, Main Library and the new Olympic Drive)
KING after Martin Luther King and Cesar Chavez.
"NO NET-NEW STREET
SIGN" POLICY
Councilmember Holbrook
was excused 11:55 p.m.
PUBLIC INPUT:
Motion by Councihnember Rosenstein. seconded by Councihnernber
Feinstein. to approve the request, amended to direct staff to consider other
possible names. The motion was unanimously approved by voice vote, with
Mayor Pro Tem O'Connor absent.
14-F: Councilmember Rosenstein requests Council adoption of a "no
net-new street sign" policy and direction to staff to review and remove
excessive street signs (like those on the east end of Pico and the east end
of Colorado).
Member of the public Chuck Allord spoke in opposition to the request.
Motion by Councihnember Rosenstem, to approve request; amended to
direct staff that Council be informed when there is a need to violate the
policy. Motion died for lack of a second.
Motion by Councihnember Bloom. seconded by Councihnember Rosenstem,
to direct staff to return with recommendations for reviewing the existing
sign supply and with a view towards removing excessive street signage and
developing a protocol for future signs. The motion was unanimously
approved by voice vote, with Councihnernber Holbrook and Mayor Pro
Tern O'Connor absent.
The following members of the public spoke: Pro Se spoke in support of a
Disabilities Commission; Joe Natoli spoke in support of the Boat House
Restaurant; Ken Lock spoke regarding Art; Quincy spoke regarding election
regulations; Mary Booth spoke regarding noise from airplanes taking off;
Frank Cannava spoke regarding incident with the Police Departments and
other City employees; Chuck Allord spoke regarding displacement of City
signs and parkways by Southern California Edison; Ann McHugh addressed
various issues.
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CLOSED SESSIONS:
16-A: Conference with Legal Counsel- Existing Litigation: U-Haul
Company. et al.. v. City of Santa Monica, Case No. CV 00-
10225 NM (Rzx)
ACTION:
Heard. No reportable action taken.
16-B: ,Conference with Legal Counsel- Existing Litigation: David
(Levy. et al.. v. City of Santa Monica, Case No. SC 063147.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Claim against the City of
Santa Monica: Claim No. CSM 00-0820 - Alice Fellows.
ACTION:
Not heard.
Conference with Legal Counsel - Claim against the City of
Santa Monica: Claim No. CSM 00-0822 - Sleep 'n Aire.
ACTION:
Not heard.
Conference with Legal Counsel - Anticipated Litigation.
N umber of cases: Two.
ACTION:
Heard. No reportable action taken.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:35
a.ffi to December 12,2000, in memory of Bill Coleman.
ATTEST:
~~-~~
Maria M. Stewart
City Clerk
cE. PROVED:
- ~1A
. en Genser \
Mayor
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December 5, 2000