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M-2/10/2004 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 10, 2004 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, February 10, 2004, at City Council Chambers, 1685 Main Street. Roll Call Present Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser (arrived at 6: 10 p.m.) Councilmember Robert T. Holbrook (arrived at 7: 14 p.m. Councilmember Herb Katz Councilmember Pam O'Connor Also Present City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Genser and Holbrook absent. Bob Trimborn, Airport Manager, led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joey Fuller expressed various concerns. Councilmember Katz requested Items I-A and I-B be removed from the Consent Calendar. Motion by Councilmember O'Connor. seconded by Councilmember Feinstein, to approve all items on the Consent Calendar as presented except Items I-A and I-B, reading resolutions and ordinances by title only and 1 February 10, 2004 2012-24 AND 2021-29 MAIN STREET waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Genser NOES: ABSENT l-C: Resolution No. 9924 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL PARCEL MAP NO. 25566 TO MERGE PARCELS TO CREATE TWO PARCELS AT 2012-24 MAIN STREET AND 2021-29 MAIN STREET," was approved. LEASE AIRPORT SPACE I-D: Lease Agreement for space at the Santa Monica Airport- recommendation to authorize the City Manager to negotiate and execute Lease Agreement No. 8322 (CCS), with Angel Flight West, Inc., for a period of five years and a five-year option, was approved. LINCOLN HOLIDAY MINUTES l-E: Resolution No. 9925 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEES ASSOCIATION REGARDING ADMINISTRATION OF SECTION 4.01 (HOLIDAYS) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA MONICA AND THE MUNICIPAL EMPLOYEES ASSOCIATION," was approved. Councilmember Katz advised he had removed this item from the Consent Calendar because he wished to abstain on the minutes of December 9,2003, as he was absent for that meeting. I-A: The minutes of the July 30, December 9, and December 16, 2003, and January 13,2004, City Council meetings, were approved as presented. Motion by Councilmember Feinstein.. seconded by Mayor Bloom, to approve the minutes as presented. The minutes were unanimously approved, with Councilmember Katz abstaining from the December 9, minutes and Councilmembers Genser and Holbrook absent. 2 February 10, 2004 PARK BUILDING REPLACEMENT PROJECT EMERGENCY ITEM ADDED TO AGENDA USE OF COUNCIL CHAMBERS CLOSED SESSIONS Council member Genser arrived at 6: 10 p.m. Councilmember Katz advised he had removed this item from the Consent Calendar to request additional information from staff regarding the issues related to the termination of the contract, the balance of the work to be done, and the need to re-do any of the work already done. Staff responded to Councilmember Katz' questions. I-B: Termination of contract and approval of new contracts for Parks Building Replacement Project Phase 1 - recommendation to terminate Contract No. 8206 (CCS) with Cohen Construction; waive public bidding procedures; authorize the City Manager to negotiate and execute new Contract No. 8320 (CCS) with SKS Construction, in the amount of $2,029,566, for completion of the project; and, authorize the City Manager to negotiate and execute Contract No. 8321 (CCS), with DMR Team, in the amount of$110,345, for inspection services, was presented. Motion by Councilmember O'Connor. seconded by Mayor Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES Councilmembers O'Connor, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Genser NOES: ABSENT: Motion by Mayor Bloom. seconded by Councilmember Feinstein, to add an item of emergency to the agenda that arose after preparation of the agenda and on which action needs to be taken before the next scheduled meeting. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Genser absent. Request of use of Council Chamber by the California Regional Water Quality Control Board on February 26, 2004, and request to waive the fee, was presented. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve the request. The request was unanimously approved by voice vote, with Councilmembers Holbrook and Genser absent. On order of the Mayor, the City Council recessed at 6:05 p.m. to consider closed sessions, and reconvened at 7:14 p.m., with all members present, to report the following: 3 February 10, 2004 Council member Holbrook arrived at 7:14 p.m. 2-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Management Team Associates Santa Monica Firefighters Local 11 09 ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. David Levy, Case No. 2nd Civ. B157587 City v. Shell Oil Co., Case No. 01CC 4331. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: Rita Santora v. City of Santa Monica, Case No. SC 075 063. ACTION: Not heard. Conference with Legal Counsel- Anticipated Litigation. Number of cases: Eight. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve settlement with Barney's Beanery to allow an additional four months to open their new restaurant on the Third Street Promenade. The motion was approved by the following votes: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. SheD Oil Co., Case No. 01CC4331. ACTION: Heard. No reportable action taken 2-F: Conference with Legal Counsel- Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, District Court Case No. CV 03-0032 R (JTLx) (Appeal No. 03-56623). ACTION: Heard. No reportable action taken. 4 February 10, 2004 ORDINANCES: NOISE REGULATIONS 2-G: Conference with Legal Counsel - Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080283. ACTION: Not heard. 7-A: Introduction and first reading of an ordinance amending Municipal Code Chapter 4.12 regarding noise regulations; adoption of Resolution No. 9926 (CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA$ETTING FORTH THE ADMINISTRATIVE CITATION SCHEDUlE OF FINES FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, EFFECTIVE APRIL 1. 2004"; adoption of Resolution No. 9927 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING PERMIT AND USER FEES RELATED TO AFTER HOURS CONSTRUCTION PERMITS IN THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT AND PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTS"; and authorization to add one Code Compliance Officer for enforcement purposes, was presented Members of the public Danielle Guillou, William Floyd, Ellen Brennan, Reina Alvarez, A. Holcomb, and Chuck Allord spoke in support of the proposed ordinance. Members of the public Gary Gordon, Kathy Dodson, Sharon O'Rourke and Mark Olsen spoke in opposition to the proposed ordinance and made various suggestions. Motion by Councilmember Genser. seconded by Mayor Bloom, to introduce I the o~dinance, amended to reflect the language presented at the November I meetmg. Substitute motion by Councilmember O'Connor. seconded by Councilmember Katz, to introduce the proposed ordinance with lowered DB levels to be measured at the receptor not at the source. Discussion ensued over the points of the substitute motion. After considerable discussion, Councilmember Katz withdrew his second. Suzanne Frick, Director of Community Development and Planning Department, read into the record the amendments necessary for the ordinance to reflect the model referred to in the main motion, as follows: 5 February 10, 2004 restoring the transition zone, restoring the measurements from the receptor, with a requirement that the measurement from receptor property is taken at least 25 feet back from the property line. Motion to amend main motion by Councilmember Genser, to add the language read into the record and to direct staff to return with a status report within eight months of implementation. The amendment was friendly to the seconder. Motion to amend by Mayor Bloom. seconded by Councilmember Katz, to allow utilities to begin work at 7:00 a.m. The motion was approved by the following vote: AYES: NOES: Councilmember O'Connor, Holbrook, Katz, Mayor Bloom Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown None ABSENT Deputy City Attorney Bany Rosenbaum read into the record the appropriate changes to the ordinance, as a result of the amendments, as follows: Page 11, Section 4.12.040, the end of the last sentence will read ". . . if the noise standards established by this chapter are exceeded in the Noise Zone where the measurement is taken." Page 15, subsection ( c)(l) ". . . the Noise Zone where the measurement is taken." Subsection ( c)(2) ".. . . Noise Zone in which the measurement is taken, plus 20 dBA, for any period of time." There will be a similar change in Section 4.12.120, page 26, subdivisions 1 and 2. The transition zone section, from the November ordinance, will be added back. A section will be added to reflect that the noise level measure- ment must be taken at least 25 feet from the parcel line of the source of the noise. Section 4.12.070 related to churches, libraries and health institutions be eliminated, the subsequent sections to be renumbered and references to the section be deleted. Finally, add language to allow utilities to begin work at 7:00 a.m. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Feinstein, Holbrook, O'Connor None NOES: ABSENT: Councilmember Feinstein requested to change his "No" vote to a "Yes" vote, for a final vote of 5 to 2 in favor. 6 February 10, 2004 STREET BANNERS Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to adopt resolution related to the schedule of fines, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to adopt resolution related to the schedule of fees, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to approve the addition of one Compliance Officer. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None I Councilmember O'Connor I None NOES: ABSTAIN: ABSENT: 7-B: Discussion of City policy of over-the-street banners, and introduction and first reading of an ordinance amending Section 4.08.500 relating to the use of street banners; or, introduction and first reading of an ordinance prohibiting the use of temporary street banners except for City-produced or City co-produced cultural or civic events, was presented. The following members of the public spoke in favor of the use of street banners and in opposition to the proposed ordinance: Kathy Dodson, Gary Gordon, Beth Leder-Pack, and Jerry Rubin. Motion by Councilmember Katz, to introduce an ordinance as proposed under option three in the staff report, to allow street banners advertising 7 February 10, 2004 permitted community events, including City events. The motion died for lack ofa second. Motion by Councilmember O'Connor. seconded by Councilmember Holbrook, to introduce the ordinance proposed under option two in the staff report, allowing promotion of activities and events produced or co-produced by the City. Discussion ensued as to the definition of co-production and the roles occupied by the Pier and the Third Street Promenade. Staff requested time to review Council's concerns and return with appropriate language. CHANGE IN ORDER OF On order of the Mayor, Items II-B, II-C, and 13-D to be considered while AGENDA staff reviews the issued cited above. MTA MOU 11-8: Resolution No. 9928 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," was presented. There was no one present for public comment. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to adopt the resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: SMFFA MOU II-C: Resolution No. 9929 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE FIREFIGHTERS, LOCAL 1109, IAFF," was presented. There was no one present for public comment 8 February 10,2004 RESIGNATION RETURN TO ORDER OF AGENDA: NOISE ORDINANCE CONT'D. Motion by Councilmember Katz. seconded by Councilmember Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 13-D: Acceptance of Diana Sahagun's letter of resignation from the Commission on the Status of Women, and authorization for City Clerk to publish vacancy, was presented.. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to accept letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote with all members present. The City Attorney indicated the ordinance would change to read as follows: The third "Whereas" will have added at the end "including events produced or co-produced by the City, and not profit agents that manage the Pier and the Third Street Promenade." On page 2, under Section 4.08.500, delete the words "cultural or civic." On page 3, the last paragraph, the last sentence, to read: "For purposes of this section, events and activities produced by the Bayside District Corporation and the Pier Restoration Corporation are classified as City-produced and may be promoted by banners over the Third Street Promenade and the Pier, respectively." And a new Section 2 to be added as follows: "The language of this ordinance does not prohibit any organization that has paid a deposit and reserved a banner as of February 10,2004," and the subsequent sections to be renumbered. The motion failed by the following vote: AYES: NOES: Councilmembers Holbrook, O'Connor Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom None ABSENT: Mayor Bloom and Councilmember Genser requested to change their "No" C} February 10, 2004 FOOD DISTRIBUTION Counci/member Holbrook was excused at 12:30 a.m. REPORTS OF BOARDS AND COMMISSIONS: RESOLUTIONS: votes to "Yes" votes. At the request of the Mayor, another roll was called and the motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Mayor Bloom Councilmembers Katz, Feinstein, Mayor Pro Tern McKeown None NOES: ABSENT: 7-C: Introduction and first reading of an ordinance amending Municipal Code Sections 5.06.010 and 5.06.020 relating to the distribution offood on City property, was presented.. Members of the public Viper Meade, Frank Tamborello, Rick Mantley, Randy Walberger, Christine, Ron Taylor, Hillary Kaye and Jerry Rubin spoke in opposition to the proposed ordinance. Member of the public Joey Fullmer, expressed various concerns and volunteered suggestions. Motion by Councilmember O'Connor. seconded by Councilmember Katz, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, Genser, Katz, Mayor Bloom Councilmember Feinstein, Mayor Pro Tern McKeown Councilmember Holbrook Councilmernber Feinstein stated, for the record, that he voted in opposition because this action is cutting the legs out offood service for the needy. Mayor Pro Tern McKeown stated for the record that he voted in opposition for the same reasons he voted in opposition last October. 1O-A: Recommendation from the Planning Commission that Council consider an update to the City's traffic analysis methodology and technology as part of the Circulation Element review. On order of the Mayor, this matter was continued to February 24,2004. II-A: Resolution Amending Preferential Parking Zone MM (9th Street between Pico and the Santa Monica Freeway, and Michigan Avenue, Bay Street, Grant Street, and Pacific Street between Lincoln Boulevard 10 February 10, 2004 and 10th Street) on currently regulated blocks and amending Resolutioll 9344 (CCS). On order of the Mayor, this matter was continued to a future meeting, as a 5-item. COUNCIL ITEMS: 13-A: Appointment to one 2002 annual vacancy on the Commission COMMISSION FOR THE for the Senior Community for a term ending June 30, 2006. SENIOR COMMUNITY On order of the Mayor, this matter was continued to February 24,2004 PERSONNEL BOARD 13-B: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30,2006. On order of the Mayor, this matter was continued to February 24,2004. LANDMARKS COMMISSION 13-C: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004. On order of the Mayor, this matter was continued to February 24,2004. RETAIL ON THE PROMENADE 13-E: Request of Council member Feinstein to direct staff to conduct research on past trends and the current amount of formula retail on the Promenade; to consider the definition of formula retail from the November 11, 2003, staff report, and return to Council with recommendations, with the process timed so that the Bayside District can review the recommendations before returning to Council. On order of the Mayor, this matter was continued to March 9,2004. STREET CARTS 13-F: Request of Council member Feinstein to direct staff to include the possibility of a street cart at the southeast corner of Colorado and Ocean in the bid process for street carts in the downtown that are not on the Promenade, was presented. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve request and direct staff to also look at the possibility of carts in Memorial and Christine Reed Parks; and, on the southeast comer of Colorado and Ocean either a cart or other ways of activating the space. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 11 February 10, 2004 HISTORIC INVENTORY 13-G: Request of Councilmember Feinstein to direct staff to cross- reference the list of buildings on the Historic Inventory with the list of rent-controlled housing units, and to include this information in the analysis when incentives to designate structures as landmark buildings are examined this Spring. On order of the Mayor, this matter was continued to March 9,2004 PUBLIC COMMENT Member of the public Brian Hutchings expressed various concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:47 a.m. to February 24, 2004. - '(~~ ~~ .D~~~ Maria M. Stewart \- City Clerk chard Bloom Mayor 12 Februarv 10. 2004