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M-12/5/2000 1413 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 1 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: 2 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: 3 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 4 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. 5 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: 6 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: 7 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. 8 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. 9 December 5. 2000 1422 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 10 December 5, 2000