Loading...
M-7/25/2000 I I I 1295 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 25, 2000 A regular meetmg of the Santa Monica CIty Council was called to order by Mayor Genser at 6 18 p.rn. on Tuesday, July 25,2000. at CIty Council Chambers, 1685 Mam Street. Roll Call Present: Mayor Ken Genser Mayor Pro Tern Pam O'Connor Councilmember RIchard Bloom Councihnember Michael Feinstem Councihnember Robert T. Holbrook Councilmember Kevin McKeown CouncIlmember Paul Rosenstern Also Present CIty Manager Susan McCarthy CIty Attorney Marsha Jones Moutne CIty Clerk Mana M. Stewart CLOSED SESSIO~S CLOSED SESSIONS. On order ofthe Mayor. the CIty Council convened at 6'18 p.m. and then adjourned to consider closed seSSIons ActIon taken on closed seSSIOns was reported at the end of the meetmg RECONVENElPLEDGE On order of the Mayor, the CIty Council reconvened at 7 40 pm. WIth all members present. CouncIlmember Bloom led the assemblage in the Pledge of AllegIance 4-A: Proclamation declaring August 1,2000, to be National Night Out in the City of Santa Monica. Mayor Genser proclanned August I. 2000, as NatIonal Night Out m the CIty of Santa MOllIca CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are consIdered and approved m one motion unless removed from the calendar tor diSCUSSIOn. July 25. 2000 l296 The follO\'lImg members of the pubhc commented on the Consent Calendar: Joey Fullmer expressed varIOUS concerns, Chuck Allord vOiced concerns I \\<lth Items 6-B, 6-F, 6-G and 6-1 and requested the items be pulled, Amta Phillips spoke m favor of quieter trash trucks; Pro Se spoke m support of Item 6-A. Patnck Regan spoke m support ofItem 6-G and dlscussed Item 6-J, Randy Walburger and Jack Lamouroux spoke ill support ofItem 6-G. At the request of Council member Feinstem, Item 6-B was removed from the Consent Calendar Clty Attorney Moutne adVIsed of a mmor grammatical correction to the language of the resolutlOn nnder Item 6-J MotIon by Councllmember McKeO\,,'ll, seconded by Councilmember Holbrook. to approve all Items. on the Consent Calendar as presented, wlth the exception ofItem 6-8. readmg resolutions and ordmances by tItle only and waiving further readmg thereof The motion was approved by the followmg vote: AYES Councllmembers Bloom. Femstein, McKeov.'ll, Rosenstein, Holbrook, Mayor Pro Tern O'Connor. Mayor Genser None None NOES: ABSENT EARTHQUAKE RECOVERY RESOLUTION 6-A Earthquake Recovery Resolution - Resolution No 9543 (CCS) I entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA.'lTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. ~A TUR-\L GAS FUELING 6-C: Contract amendment with USA-PRO to provide consulting FACILITY - BIG BLUE sen'ices for the Big Blue Bus new, liquid natural gas fueling facility - BUS recommendation to authorIZe the Cny Manager to negotIate and execute an amendment to Contract Number 7287(CCS) with USA-PRO in the amonnt of$50,000, for a total of $90.000. for addJtlOnal consulting ser\lces, was approved. FINAL MAP NUMBER 25559 - 812 EUCLID STREET 6-D Adoption of resolution approving Final Map Number 25559 for 4- unit condominium project at 812 Euclid Street - Resolution No 9545 (CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAt~T A MONICA ACCEPTING AND APPROVING FINAL MAP NO 25559 TO SUBDIVIDE A PROPERTY AT 812 EUCLID STREET FOR CO:NTIOMINIUM PURPOSES:' was adopted. 2 July 25, 2000 I I I I TRASH TRUCK 1297 6-E' Purchase of one new truck tractor for the transport of trash - recommendatIon to award BId No. 2770 to Boerner Truck Center, in the amount of $139,147 80, to furnish and deliver one new bI-fuel GCW truck tractor for the EnvITonmental & Public Works Department. was approved. RECYCLING SERVICES 6-F: Adoption ofresolution to accept funds in the amount of $27,535 from the State of Califoruia Department of Conservation, for beverage container recycling services; and recommendation to appropriate funds, as proposed - ResolutIon No 9546 (CCS), entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sk"-rTA MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING FROM THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION. DIVISION OF RECYCLING TO BE USED FOR BEVERAGE CONTAINER RECYCLING SERVICES AT BUSINESS ESTABLISHMENTS ON MAIN STREET FROM PICO BOULEVARD TO THE SOUTH CITY LIMITS," was adopted. and recommendatIon to appropnate funds was approved CONTROL OF VICIOUS/ DANGEROUSAN~ALS NATURAL GAS POWERED SEDANS lJTILlTY USERS' TAX AND FRANCHISE TAX AUDIT SERVICES A TM SURCHARGES 6-G Recommendation to direct staff to prepare an ordinance to control the possession of vicious or dangerous animals and to establish administrative review procedures and infraction penalties for violations of the ordinance, was approved. 6-H: Purchase of six compressed natural gas powered sedans - recommendation to Award Bid No 2787 to Scott Robmson Honda., m the amount of$117.342.81. to furnish and deliver SIX new compressed natural gas (CNG) powered mtermedmte sedans for various departments, was approved 6-1 Contract Amendment for provision of Utility Users Tax and Franchise Tax audit services - recommendation to authOrIze the City Manager to negotiate and execute an amendment to Contract No. 6629, with MBIA MuniServices Company/MunicIpal Resource Consultants. on a fixed fee baSIS. to prOVIde utility users tax and francmse tax audit serVIces, was approved 6-J Resolution suspending the prohibition against surcharges at automated teller machines - ResolutIon No 9547 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUSPENDING SANTA MONICA MUNICIPAL CODE 3 July 25. 2000 1298 PREFERENTIAL PARKING ZONE I ORDINANCES UTILITY USERS' T.U: SECTION 4 32 040(c) RELATED TO THE PROHIBITION AGAINST SURCHARGES TO NON-CUSTOMERS AT AUTOMATED TELLER MACHINES IN SANTA MONICA:' was adopted as earher amended by the Cny Attorney, I 6-B: Adoption of resolution modifying Preferential Parking Zone I regulations - recommendation to adopt a resolutIOn moch:tying Preferential Parking Zone I to allow two-hour parking Mthout pernnts between 9:00 a m and 6 00 pm., in the area bounded by Strand Street, Thrrd Street, Ocean Park Boulevard and Mam Street, and amendment to Resolution No 9344 (CCS). Councilmember Feinstem clarIfied that the purpose of the Item was to modifY the hours followmg dISCUSSIOns and negotiation with the Coastal COmmISSIon regarding JurisdlctlOn over parkmg. Motion bv CouncIlmernber Feinstem, seconded by Councilmember Bloom. to adopt ResolutIOn No. 9544 (CCS) entItled "A RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF SANTA MONICA MODIFYING THE REGULATIONS IN PREFERENTIAL PARKING ZONE I AND AMENDING RESOLUTION NO 9344 (CCS) BY REPLACING EXHIBIT A," and amendmg the language to indIcate the amendment was made in order to aVOId fightmg the Coastal Commission over junsdictIon I The motIon was approved by the tollowmg vote' AYES Councdrnernbers Holbrook, Rosenstem. McKeown. Feinstein. Bloom, Mayor Pro Tern O'Connor. Mayor Genser None None NOES: ABSENT: END OF CONSENT CALENDAR 8-A. Second reading and adoption of an ordinance amending Chapter 6.72 of the Municipal Code (Utility Users' Tax). (Introduced July I L 2000 ) MotIon by Counctlmember Holbrook, seconded bv Counctlmember Femstem. to conduct second reading and adopt Ordinance No 1979 (CCS) entItled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 672 OF THE MUNICIPAL CODE RELATED TO THE CITY'S UTILITIES TAX:' reading by tItle only and Walvmg further reading thereof. The motIon was approved by the followmg vote: 4 July 25, 2000 I I I I CHESS PARK A1~D MUSCLE BEACH STREET PERFORMERS ON THE PROMENADE 1299 AYES' Councilmembers Holbrook. Rosenstein.. McKeown, Femstern. Bloom, Mayor Pro Tern O'Connor. Mayor Genser None None NOES ABSENT: 8-B' Second reading and adoption of an ordinance adding a section to the Municipal Code re the use of Chess Park and Muscle Beach. (Introduced July 11, 2000.) ~ouon bv CouncIlmember Holbrook, seconded by Mayor Pro Tern O'Connor, to conduct second readmg and adopt Ordinance No 1980 (CCS) entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.096 TO THE MUNICIPAL CODE PROHIBITING THE USE OF CHESS PARK AND MUSCLE BEACH BET\\'EEN SUNSET AND SUNRISE;' reading by tItle only and waiving further readmg thereof. The motIon was approved by the followmg vote: AYES: Councilmembers Holbrook, Rosenstem. McKeown. Fernstem. Bloom, Mayor Pro Tern O'Connor, Mayor Genser None None NOES. ABSENT 8-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 6.112.020 AND 6.112.030 RELATING TO STREET PERFORMANCE TO RESTRICT VENDING AND PROHIBITING THE USE OF SOUND AMPLIFICA nON EQUIPMENT ON THE THIRD STREET PROMENADE DURING PEAK HOURS; AND REPORT ON THE EFFICACY OF STREET PERFORMANCE LA WS/' was presented On the order of the Mayor, the pubhc hearing was opened The foUoVlling members of the public spoke: Joey Fulhner indicated support for the ordmance Jerry Rubin and Pat Cottrell spoke rn OpposItIOn to the ordinance. Steele Smith spoke m support ofthe ordinance. Mohon by Councilmember McKeown. seconded by Mayor Genser, to mtroduce and conduct first readmg of only the sectIon of the ordinance clarifymg vendmg rules, readmg by title only and waiving further readmg thereof. MotIon to amend bv Councllmember Feinstem. to request that Bayside DlStnct hold a meetmg with the parties involved to dIscuss potentml 5 July 25. 2000 1300 TRANSPORTATION MANAGEMENT PLAN ORDINANCE solutIons and report back to the Council m an expedItIous fasmon. MotIon accepted as friendly The amended motion was approved by the follo'Wmg I vote AYES' Counctlmembers Rosenstem. McKeovvTI. Femstein. Bloom. Mayor Pro Tern O'Connor. Mayor Genser Counctlmember Holbrook None NOES ABSENT: 8-0 Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CITY'S TRANSPORT ATION MA,~AGEMENT PLAN TO REFLECT CHANGES IN THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT REGULATIONS AND CLARIFY EXISTING LAW;" and adoption of Resolution No. 9578 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE FILING FEE FOR EMPLOYER EMISSION REDUCTION PLANS SUBMITTED PURSUANT TO THE TRANSPORTATION MANAGEMENT ORDINANCE ., Member of the pubhc Chuck Allord spoke m opposition to the ordInance. MotIon by Councilmember Femstem, seconded by Councilmember I O'COllllor, to mtroduce and conduct first reading of the ordInance, reading by tItle only and WaIvmg further readmg thereof The motIon carried by the followmg vote' AYES Councilmembers Holbrook. Rosenstein. McKeo'WTI. Femstem. Bloom, Mayor Pro Tern O'Connor. Mayor Genser None None NOES ABSENT. Motion bv CouncIlmember Bloom. seconded by Councilmember Femstein, to adopt Resolution No , readmg by tItle only and waIving further readmg thereof The motion was approved by the following vote: AYES COUllcllmembers Holbrook. Rosenstein. McKeo'W'IL Femstem. Bloo~ Mayor Pro Tern O'Connor, Mayor Genser None None NOES ABSENT 6 I July 25, 2000 I I I 1301 STAFF ADMIN. ITEMS 9-A: Resolution Placing the Proposed Santa Monica Taxpayer T AXP A YER Protection Charter Amendment and the proposed Santa Monica Living PROTECTION CHARTER Wage Charter Amendment on the November 7, 2000, Election BaUot; AMENDMENT and adoption of other related resolutions, was presented RECESS CITY CHARTER AMENDMENT RE FINES The following members ofthe pubhc spoke m support of the recommendation Chuck Allord. Bill Gallagher The follo'hmg members of the pubhc spoke in opposition to the recommendation Jerry RubIn, VIvIan Rothstem. Steve Ury. Judy Abdo, Kathleen Masser, Edith GarcIa.. Bnan Samuel, Juhe Lopez Dad, Donna Block, and Reverend WIlham Campbell On order ofthe Mayor, the City Council recessed at 9:55 p.m., and reconvened at 10:15 p.m.. wIth all members present DISCUSSIon ensued regardmg the content of the question to appear on the ballot MotIon by Councilmember McKeown, seconded by Mayor Pro Tern O'Connor. to amend the text for Ln,mg Wage ballot questIon so It ",ill read as follows "Shall the City Charter be amended to add specified mimmum wage and employee benefit requrrements for some employees doing work on City contracts and grants and barrmg the CIty from eSfabl1shmg, modlf}lllg or regulatmg the wage and benefit reqwrements except by 1llltIativeT The motIon was unanimously approved VOIce vote, with all members present Motion by Councilmember Femstem, seconded by Counc1lmember McKeo'hTI. to contmue past II :00 p m. The motIOn was approved by a unannnous VOice vote, with all members present Motion by Mayor Genser, seconded by Councilmember Bloom. to close the pubhc hearing and contmue action on the matter to August 1, 8'00 p.m. The motIon carned by unanimous VOice vote, 'l.ilth all members present 9-B: Recommendation to direct staff to prepare the necessary resolutions to place a City Charter amendment on the November 7, 2000, election baUot to provide for the setting of the amount of froes imposed for violations of City codes by ordinance. was presented Members of the pubhc Martm Rubm. James Donaldson, and Robin Waner spoke in support ofthe recommendatIOn. For the benefit of the publIc. Counc1lmember Bloom explamed that the proposal would prOVIde the Counell with broad dIscretion on applymg fines. 7 July 25. 2000 1302 He suggested the matter be brought back \vith options. ~otlon by Mayor Genser, seconded bv Councdmember Holbrook. to dlIect I staff to return \vIth two optIOns 1) as presented ill the staff report and 2) related only to the mrport, and to return on August I. If feasIble. or August 8. 2000 The motIon was approved by unanimous voice vote. WIth all members present. RESOLUTIONS 12-A Adoption of resolution authorizing the City Manager to execute a PUBLIC ATTORNEY'S memorandum of understanding with the Public Attorney's Legal LEGAL SUPPORT STAFF Support Staff Union (PALSSU) UNION Motion by Councllmember Holbrook, seconded by Councilmember McKeown to adopt Resolution No. 9548 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ACTHORIZIKG THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING W1TH THE PUBLIC ATTORNEY'S LEGAL SUPPORT STAFF UNION:' readmg by title only and waiving further readIng thereof The motIon was approved by the following vote' AYES Councilmember Holbrook, Rosenstein, McKeovill, Feinstein. Bloom, Mayor Genser None Mayor Pro Tern O'Connor None I NOES' ABSTAIN. }\BSENT Mayor Pro Tern O'Connor mdicated she abstamed because she was not present during the Closed SessIOns. SANTA MONICA POLICE 12-B Adoption ofresolution authorizing the City Manager to execute a OFFICERS ASSN. memorandum of understanding with the Santa Monica Police Officers Association. Motion by Councllmember McKeown, seconded by CouncIlmember FeInStein, to adopt ResolutIon No. 9549 (CCS) entItled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MAi'JAGER TO EXECUTE A MEMORANDUM OF lJNDERSTANDING \\11TH THE SANTA M01'.'ICA POLICE OFFICERS ASSOCIATION:' reading by tItle only and waiving further readmg thereof The motion was approved by the follov,mg vote 8 July 25. 2000 I I I I COUNCILMEMBER ITEMS: PLANNING COMMISSION 1303 AYES: Councilmembers, Holbrook, Rosenstem, McKeo'NTI. Femstem, Bloom, Mayor Genser None Mayor Pro Tern O'Connor None NOES ABSTAIN. ABSENT: Mayor Pro Tern O'Connor mmcated she abstamed because she was not present during Closed SessIOns. 14-A: Appointment to one unscheduled vacancy on the Planning Commission for a term ending June 30, 2001. On order of the Mayor. the floor was opened for nominations for the Planrung Comrrussion Councilmernber McKeo'NTI nommated Laurel Roennau Mayor Pro Tern O'Connor nommated Anthony Loui Councilmember Holbrook nominated Matt Kenny. No nominee receIved a majority of votes as follows Ms Roennau Mr. LoU! Mr. Kenny: Councilmembers Bloom, Femstem, McKeoVvTI Mayor Pro Tern O'Connor. Mayor Genser CouncIbnembers Rosenstein. Holbrook Subsequent to the vote, Councllinembers Bloom and Femstein requested their votes be changed m mvor of Mr. Loui Therefore C01.UlCll appomted Anthony LoU! by majonty vote of CounciImembers Bloom. Femstem, Mayor Pro Tern O'Connor, Mayor Gensel. RESIGNATION OF JOHN 14-8. Acceptance of John Zinner's letter of resignation from the ZINNER Planning Commission and authorization for the City Clerk to publish vacancy . BA YSlDE DISTRICT APPOINTMENT Motion by Councibnember Rosenstem, seconded by Councilmember Feinstem., to accept Jolm Z1l1Iler's reSIgnatIon from the Planning Commission WIth regret and to authorize the City Clerk to publIsh the vacancy. The motIon was approved by unanimous voice vote. WIth all members present 14-C Annual vacancy appointment to the Bayside District Corporation for a term ending June 30, 2004. (Continued from July 11. 2000 ) 9 July 25, 2000 1304 RECREA nON AND PARKS COMMISSION PUBLIC INPUT: CLOSED SESSIONS: On order of the Mayor. the floor was opened for nommatIOns. CouncIlmember Femstem nominated Kathleen Arndt. There bemg no other I. nominations, Ms Arndt was appointed by acclamation, with all members present I4-D. Annual vacancy appointment to the Recreation & Parks Commission for a term ending June 30, 2004. (Continued from July II, 2000 ) On order ofthe Mayor, the floor was opened for nominatIOns. CouncIlmember Feinstem nommated Josefina Santiago. There bemg no other nominations. Josefina SantIago was appomted by acclamatIOn. 'kith all members present. 15. PUBLIC INPUT Member of the pubhc Art Casillas discussed crime ill the area and disagreed WIth reports of decreased crime. Member of the public Chuck A1Iord expressed various concerns 'kith Code Enforcement. I6-A Conference with Real Property Negotiators: Property: 1819 Ocean Avenue City Negotiator: Mark Richter Owners of Record: Sunstone Hotel Investors Under Negotiation: Terms and conditions of lease. I ACTION: Heard No reportable action taken I6-B: Conference with Legal Counsel- Existing Litigation: Daniel Reves v. City of Santa Monica, Case No. SC 057 195. ACTION: Not heard I6-C: Conference w'ith Legal Counsel- Existing Litigation: Walsh v. City of Santa Monica, Case No. SC 057065 ACTION: Not heard I6-D: Conference with Legal Counsel- Existing Litigation: Santa Monica Housini: Council v. City of Santa Monica, Case No. BC 230 106 ACTION' Not heard 10 I July 25. 2000 1305 I 16-E Conference with Legal Counsel- Existing Litigation: Ring Tradin~ Corp. v. City of Santa Monica, Case No. BC 172 044 (consolidated with Mountain View Mobile Inn Residents Association, Inc. v. City, Case No. SC 052 672). ACTION: Not heard. 16-f' Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007 078. ACTION Not heard. 16-G Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., et aI., Case No. 313004 ACTION Not heard. 16-H Conference with Legal Counsel - Existing Litigation: Conoco, Inc. v. City of Santa Monica, Case No. 99-12075 RAP (Cwx). I ACTION Not heard. 16-1 Conference with Legal Counsel- Anticipated Litigation: Number of Cases: Four. ACTION' One case heard No reportable achon taken. 16-J: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Public Attorney's Legal Support Staff Union (PALSSU). Santa Monica Police Officers Assn. (POA) ACTION: See 12-A and 12-B I 11 July 25, 2000 1306 ADJOURNMENT: On the order of the Mayor, the City COunCll meeting was adjourned at 11:55 p.m.. to August 1,2000. ill memory of Kathenne K. Krught ATTEST: \ ~ \.1.~._... \.0 ~~~ Mm-ia M Stewart \ City Clerk -----\ 12 ~V~D: ~~+~, Ken Gense\- Mayor July 25, 2000 I I I