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M-4/24/2001 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 24, 2001 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:29 p.m., on Tuesday, April 24, 2001, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tern Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:04 p.m.) Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:29 p.m., with Councilmember Holbrook absent. Assistant City Manager Gordon Anderson led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendaf for discussion. The following members ofthe public addressed items on the Consent Calendar: Pro Se, Joy Fullmer. At the request ofCouncilmember Katz, item I-A was removed from the Consent Calendar. Motion bv Councilmember McKeown. seconded bv Councilmember O'Connor, to approve all items on the Consent Calendar as presented except Item I-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: 1 April 24, 2001 AYES: Councihnembers Katz, Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein NOES: ABSENT: None Councihnember Holbrook MINUTES . I-A: Approval of minutes of the February 13, February 20, and February 27, 200 I, City Council meetings. Councihnember Katz advised he had removed this item from the Consent Calendar because he was not present at the time. Motion bv Councihnember McKeown. seconded bv Councihnember O'Connor, to approve the minutes as submitted. The motion was approved by voice vote, with Councihnember Katz abstaining and Councihnember Holbrook absent. EARTHQUAKE RECOVERY I-B: Eartbquake Recovery Resolution - Resolution No. 9643 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. WASTE/STORM WATER l-C: Computerized Maintenance Management System for water, MGMT. SYSTEMS wastewater and storm water utilities - recommendation to authorize the City Manager to negotiate and execute an amendment to contract with Hansen Information Technologies, Inc., in the amount of$30,767 for a new total of $135,487, for software and support services for computerized maintenance management system, was approved. FIREWORKS DISPLAY I-D: Approval of "Celebrate America" Concert Program fireworks display on June 30, 2001 - recommendation to approve request from Santa Monica College to include Fireworks in their 19th Annual "Celebrate America" Concert Program on June 30, 2001, was approved. UNDERGROUND STORAGE TANK l-E: Contract amendment for additional underground storage tank management services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. lIS (CD) with Arthur D. Little, in the amount of$179,686, to modifY the fueling system at the Airport and remove underground storage tank on PCH, was approved. 2 April 24, 2001 RENTAL HOUSING TRUST FUND GUIDELINES PUBLIC SAFETY FACILITY CONSUMER-ORIENTED LEGISLATION CIVIC CENTER PARKING STRUCTURE 25130/2618 6m STREET TENANT HARASSMENT I-F: Amendment to Consolidated Rental Housing Trust Fund Guidelines - recommendation to amend the Consolidated Rental Housing Trust Fund Guidelines to increase per unit and per project maximum loan/grant (subsidy) amounts for new construction project, was approved. I ~G: Commissioning Process Management Services for the Public Safety Facility - recommendation to authorize the City Manager to negotiate and execute Contract No. 7917 (CCS) with Engineering Economics, Inc., in the amount of$90,000, for management of the commissioning process for the Santa Monica Public Safety Facility, was approved. I-H: Recommendation that Council support three consumer-oriented bills pending before the state legislature: AB 203 - Consumers' Financial Privacy Act, SB 985 - Tenants' Rights Bill, and AB 1313- Toxic Fertilizer Prevention Act, was approved. 1-1: Environmental Impact Report (Em) for proposed Civic Center Parking Structure - recommendation to authorize the City Manager to negotiate and execute Contract No. 7918 (CCS) with Rincon Consultants, in the amount of$205,000, to prepare an EIR for the proposed Civic Center parking structure and appropriate funding for the preparation of the report, was approved. I-J: Resolution approving Parcel Map No. 25130 for 2618 6th Street and approval of subdivision improvement agreement - recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7919 (CCS), and adopt Resolution No. 9644 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25130 TO SUBDIVIDE PROPERTY FOR A 2-UNlT CONDOMINIUM PROJECT AT 2618 6TH STREET," was approved. l-K: Second reading and adoption of Ordinance No. 2005 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO TENANT HARASSMENT," was adopted. (Introduced April 10, 2001). 3 April 24, 2001 TAXICAB REGULATIONS CITY EMPLOYEES MEDICAL AND HOSPITAL CARE ACT CLOSED SESSIONS: l-L: Second reading and adoption of Ordinance No. 2006 (CCS) entitled: AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS, was adopted. (Introduced April 1 0, 2001). I-M: Resolution No. 9645 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE LOCAL MISCELLANEOUS MEMBERS AND FIXING EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYERS' CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS," was adopted. On order of the Mayor, the City Council recessed at 5:39 p.m, to hear closed sessions and reconvened at 6:58 p.m., with Councihnember Holbrook absent, to report the following: 2-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Administrative Team Association; Executive Pay Plan; Public Attorney's Legal Support Staff Union; Management Team Associates; Municipal Employees Association; Public Attorneys Union; Santa Monica Firefighters Local 1109; Santa Monica Police Officers Assn; Supervisors Team Associates; United Transportation Union ACTION: Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: David Levy. et at. v. City of Santa Monica, Case No. SC 063 147. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel - Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199. ACTION: Heard. No reportable action taken. 4 April 24, 2001 ORDINANCES: ELECTION PROCEDURES Councilmember Holbrook arrived at 7:04 p.m. 2-D: Conference with Legal Counsel Existing Litigation: Pedro Garcia v. City of Santa Monica, Case No. SC 061283. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve settlement in the amount of $40,000. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein NOES: ABSENT: None Councilmember Holbrook 2-E: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Four. ACTION: Not heard. 2-F: Conference with Legal Counsel- Existing Litigation: Foodmaker. Inc. v. City of Santa Monica. Case No. SS 007 078. ACTION: Heard. No reportable action taken. 7-A: Second reading and adoption of Ordinance No. 2007 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING VARIOUS SECTIONS CLARIFYING THE DUTIES OF THE CITY CLERK AND AMENDING AND ADDING VARIOUS SECTIONS CLARIFYING ELECTION PROCEDURES TO THE SANTA MONICA MUNICIPAL CODE," was presented. Motion by Councilmember Genser. seconded by Councilmember McKeo~ to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: 5 April 24, 2001 COMMUNITY EVENTS REGULATIONS STAFF ADMIN. ITEMS: 2000-2005 HOUSING ELEMENT I 7-B: Introduction and first reading of an ordinance amending Chapter 4 and Chapter 6 related to establishing a Community Events Code, and adopt Resolution No. 9646 entitled: " AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING APPLICATION FEES AND NEIGHBOR NOTIFICATION FEES FOR COMMUNITY EVENTS." Member of the public Joey Fullmer expressed various concerns. ,Motion bv Councilmember Katz. seconded by Councilmember O'Connor, to introduce the ordinance and adopt the resolution, reading by title only and waiving further reading thereof, and amending the ordinance to the language recommended by the City Attorney as follows: On page 11, the section cited under 4.68.050( c) should have been 4.68.200; under section 4.68.102, page 16, line 2, add after "skateboard" the phrase "or using any other similar device;" under section 4.68. 150(b), page 21, 5th line, change "parking lane" to "parking/curb lane;" under section 4.68.190, strike the phrase "classified by the city as a local street" and add on the third line, "only a street classified by the city as a local street may be utilized for a block party or other similar neighborhood event". The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: 8-A: Recommendation to Conduct a Public Hearing, Approve in Concept the Draft 2000-2005 Housing Element for Transmittal to the State Department of Housing and Community Development (HCD), and Direct Staff to Prepare Environmental Review. Member of the public Chris Harding discussed issues and possible inconsistencies with the report; members of the public Jason Parry and Chuck Allord spoke in support of the recommendation. Motion bv Councilmember McKeown. seconded by Councilmember Genser, to approve staff recommendation amending page 6-22, program 3-D ofthe plan, to add the following language: "Advise tenants in advance of potential conversion dates and assist in answering questions from residents of at-risk 6 April 24, 2001 WITHDRAWN ITEM ADOPTION OF USER FEES INITIATIVE PROCESS REFORM housing," and page 6-28, program 5-C to add second bullet to reflect: "Assess ways to support home ownership for very low, low, moderate, and middle income households, utilizing creative financing, government programs and grants, with full protection for existing tenants against loss of housing." The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: 8-B: This item was withdrawn prior to the posting of the agenda. 8-C: Adoption of Resolution No. 9647 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING VARIOUS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT, AND ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT DEPARTMENT PERMIT AND USER FEES." Member of the public Chuck Allord spoke in favor of enforcement and of the recommendation. Motion by Councilmember Katz. seconded by Councilmember Genser, to adopt the resolution, reading by title only, and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: 8-D: Status Report on Initiative Reform and recommendation to direct staff to prepare ordinance and/or to implement an Election/Initiative Process Education Program. Member of the public Brian Hutchings spoke in opposition to the recommendation. Motion by Mayor Feinstein. seconded by Councilmember McKeo~ to direct staff to prepare an ordinance for Council review including staff recommendation and the following: provide options for better disclosure, 7 Aoril24.2001 RECESS COUNCIL ITEMS: including a local requirements for filing of contributions, with a schedule ~ corresponding to the signature gathering cycle; analyze electronic means of communicating that information, including comparing/contrasting the State's method, and options to that alternative, during the signature gathering period; look at disclosure during election cycle, once a measure is qualified and analyze options for includihg the information about the top contributors in the ballot pampWet; within the above context, look at the issue of "front" groups, and if there is a "front" group can we look below that -level and see if there are contributors to the "front" group; can members of the public ask not only if signature gatherers are being paid, but is it a financial payment or is there some other means of compensation; can members of the public ask the amount being paid by signature or by hourly rate; analyze our options to regulate both residents v. non-residents for the petition circulators, and regulate paid vs. volunteer circulator; can the City require that at least a portion ofthe signatures be gathered by volunteers and a portion be gathered by residents; to look at options for better coverage on CityTV and on the Web, including possibly the five-minute option we have for candidates; and to communicate to the State Task Force that they look at the option oftheir recommendations being a floor and not a ceiling, and to allow more options for communities to fit the initiative process, the regulation of it, to the needs of their own communities. Motion to amend by Councilmernber McKeo~ to find out if the City can require that compensation, be it monetary or non-monetary, be by means other than per signature. Motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: On order ofthe Mayor, the City Council recessed at 9:04 p.m., and reconvened at 9: 17 p.m., with all members present. 13-A: Request of Mayor Pro Tem Bloom for Council support of AB 25 (Migden) whicb advocates for the provision of certain rights to registered domestic partners, and to direct staff to advocate for its passage. 8 April 24, 2001 DEFINITION OF "PEDESTRIAN FRIENDLY" FLUORIDATION OF MUNICIPAL WATER Member of the public Carol Snider spoke in support of the request. Motion by Mayor Pro Tern Bloom. seconded by Councilmember McKeo~ to approve request. The motion was unanimously approved by voice vote, with all members present. 13- B: Request of Councilmember Katz to direct staff to prepare an ordinance clarifying the definition of the terms "pedestrian friendly" and/or "pedestrian-oriented" as used in the Commercial Districts. Motion by Councilmember Katz. seconded by Councilmember Holbrook, to approve request, adding that staff look at real estate offices, optometrists' offices, and travel agents. The motion failed by the following vote: AYES: NOES: Councilmembers Katz, Holbrook Councilmembers Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein None ABSENT: 13-C: Request of Councilmember Holbrook that the City Council reconsider the matter of fluoridation of municipal drinking water. (Continued from April 10, 2001.) The following members of the public spoke in support of the request: Marsha Epstein, Louise Jaffe, Oscar DeLa Torre, Philip Trask, Eleanor Mayer, Jane Jeffries, Anita Phillips, Tim Collins, and Paul Rosenstein. The following members of the public spoke in opposition to the request: Terry Schiller, Paul Borraccia, John Aubuchon, Janet Allen, David Dalton, Marissa Rubin, Michele Gramet, Lawrence Teeter, Martha Fox, Lorna Crosby, Victoria Graham, Irene Eaton, Carol Snider, Jerry Rubin, Charles Kerschner, Tarik Ricara, Bruce Campbell, Randy Ziglar, Clifford Stern, Bonnie Johnstone, Ellen Baker, Maria Rechnitzer, Don Kidson, and Marguerite Eaton. Motion by Councilmember Holbrook. seconded by Mayor Pro Tern Bloom, to approve request and direct staff to return to Council with this matter at the earliest convenience. The motion was approved by the following vote: 9 April 24, 2001 AYES Councilmembers Holbrook, O'Connor, Katz, Mayor Pro Tern Bloom Councilmembers McKeown, Genser, Mayor Feinstein None NOES: ABSENT: CONCEALABLE HANDGUNS 13-D: Request of Mayor Pro Tem Bloom to request Council direct staff to prepare an ordinance banning the sale of small, easily concealable handguns known as "pocket rockets. II On order of the Mayor, and at Mayor Pro Tern Bloom's request, this matter was continued to May 8, 200 I. WITHDRAWN ITEM 13-E: This item was withdrawn before the council meeting agenda was posted. FREE TRADE AREA OF THE AMERICAS 13-F: Request of Councilmember McKeown that staff evaluate the impacts on Santa Monica of the "Free Trade Area of the Americas" proposal, and return to Council with recommendations for action in keeping with our community's ongoing commitments to sustainability, economic justice and local control over local issues. Co unci/member Katz was excused at 12:15 a.m. Members of the public Brian Hutchings and Bruce Campbell spoke in support of the request. Motion by Councilmember McKeown. seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent. TOXIC MOLDIHOUSING 13-G: Request ofCouncilmember McKeown that Council take certain CONSTRUCTION positions on SB 732, SB 355, AB 267, AB 284, and AB 600, legislation dealing with toxic mold resulting from housing construction defects, Counci/member Holbrook and direct staff to take appropriate action. was excused at 12:20 a.m. Members of the public Carol Snider and Kelly Hayes Raitt, spoke in support of the request. Motion by Councilmember McKeown. seconded by Councilmember Feinstein. to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent. 10 April 24, 2001 PROPOSED THEATER ON MADISON SCHOOL CAMPUS Counci/member Holbrook returned at 12:30 a.m. PUBLIC INPUT: ADJOURNMENT: 13-H: Request of Mayor Pro Tem Bloom and Councilmember Genser that the Council direct staff to: 1) Evaluate and return with information regarding Santa Monica College's proposal to build a theater on the site commonly known as the "Madison School Campus" located at 1310 11th Street. Said evaluation should include issues of environmental review and development standards. 2) Communicate with Santa Monica College, the lessee, and the Santa Monica-Malibu Unified School District, the lessor of the site and request that no further regulatory, administrative, contractual or other legal action be taken pending review by city staff. 3) Return with information recommending the best and most appropriate means for assuring widespread public notice and discussion of the theater proposal. Members of the public Chuck Allord, Kelly Olsen, and Gene Gebman spoke in favor of the request. Motion by Mayor Pro Tern Bloom. seconded by Councilmember Genser, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Katz absent. Member of the public Chuck Allord spoke in support of regulation of development during night hours. Member ofthe public Brian Hutchings expressed various concerns. On order of the Mayor, the City Council meeting was adjourned at 1 :00 a.m. in memory of Merton Davies, Michael Balkman, Everett Cattell, John Ferraro, Andrew Landy and David Charles Jones. ~'~..h Maria M. Stewart City Clerk APPROVED: Michael Feinstein Mayor 1 April 24, 2001