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SR-052494-6G - Q2~. CA:J:atty\muni\strpts\em\visitors City council Meeting 5-24-94 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Manager SUBJECT: Second Amendment to Agreement No. 4581 (CCS) by and between the city of Santa Mon~ca and the Santa Monica Convention & Visitors Bureau, Inc. In October of 1985, the city entered into an agreement with the Santa Monica Convention & visitors Bureau, Inc. ("Bureau II) for services to promote tourism and travel to the city. The agreement was amended in November of 1987. By letter dated June 29, 1993, the City notified the Bureau of its intent not to automatically extend the agreement, but instead to modify the agreement to enable financial contribution decisions to be made on an annual basis. The attached second amendment to the agreement is offered for City Counc1l approval. The second amendment proposes four modifications. The first modification is to allow the Bureau to accept funds in an amount up to $100,000 from sources other than the City without prior written approval of the City Council. The second modification is to specify that the agreement is for a period of five (5) fiscal years and is contingent upon annual appropriation by the Santa Monica City Council of funds for each fiscal year. The third modificat10n is to clar1fy the termination notification provisions. The fourth modification includes a nondiscrimination provision. MAV~_ 6lJ ---- --- . 1- Section 4 of the original Agreement is deleted and replaced with the following: Bureau shall not accept funding ~n excess of One Hundred Thousand Dollars ($100,000) from sources other than the city without the written approval of the city council. 2. section 8 of the original Agreement ~5 deleted and replaced with the following: Term. Unless termlnated earlier as set forth herein, the term of this Agreement shall be for a period of five (5) fiscal years, commencing on July 1, 1994, and terminating on June 30, 1999( and shall be cont~ngent upon annual appropriation by the Santa Monica C~ty Council of funds for each fiscal year of this Agreement. 3. section 9 of the Original Agreement is deleted and replaced with the following: Termination. This Agreement may be terminated as set forth herein and in the following manner: 2 i . (a) Termination for cause. The City may terminate this Agreement, for cause, after providing the Bureau with wrltten notice specifying the nature of the default, and demanding a cure thereof within a designated time period. If the city determines that the default can be cured within thirty (30 ) calendar days, it shall provide the Bureau with thirty (30) calendar days to cure. If, however, the city determines that the steps necessary to cure the default will take longer than thirty (30) calendar days, the Bureau shall proceed with all reasonable diligence to cure the default in a time period not to exceed ninety (90) calendar days from the date of such notice. If the Bureau fails to cure the default within the deslgnated time period, the City may terminate this Agreement and the termination shall be effective six (6) calendar months from the date of the written notice of default. 3 i ~ (b) Termination w~thout cause. Either party may terminate this Agreement for any reason, without cause, by providing twelve (12) calendar months written notice to the other party of its intent to terminate. The termination shall be effective twelve (12) calendar months from the date of the written notice of default. Until the effective date of termination, all of the terms and conditions of this Agreement shall be in full force and effect. Any uncomm~tted or unexpended funds on effective date of termination shall be returned by the Bureau to the city. 4. The following language shall be included as section 16: 16. Nondiscrimination. The Bureau shall not discriminate against any person or group of persons on the basis of race, color, creed, religion, sex, marital status, national origin, sexual preference, d~sabil~ty or ancestry ~n its employment practices or in any of the serv~ces to be provided herein. 4 1 . 5. Except as expressly modified herein, all other terms and conditions of the Original Agreement and First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date and year first above written. CITY OF SANTA MONICA, a California municipal corporation By: JOHN JALILI City Manager APPROVED AS TO FORM: - (p ft -'_ ~ <j tJYU.A ()1CM-~ MARSHA JONES MOUTRIE City Attorney SANTA MONICA CONVENTION & VISITORS BUREAU, INC. , a Ca11fornia nonprofit corporation By: Its: :~ontra~t\em\vlsitors 5 8A -, CA:atty\~uni\strpts\label city council Meeting 5/24/94 Santa Monica, california MAY 2 4 199~ STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.36 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE LABELING OF SHELVES WHERE TOXIC AND HAZARDOUS HOUSEHOLD PRODUCTS ARE SOLD OR DISTRIBUTED At its meeting on May 10, 1994, the City Council introduced for first reading an ordinance of the city Council of the city of Santa Monica adding Chapter 5.36 to Article V of the Santa Monica Municipal Code to require labeling of shelves where toxic and hazardous household products are sold or distributed. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Moutrie, city Attorney MAY 2 It 199't 8A I . CA:f:\atty\muni\law\dee\labelord city Council Meeting 5/24/94 Santa Monica, California ORDINANCE NUMBER 1744 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.36 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE LABELING OF SHELVES WHERE TOXIC AND HAZARDOUS HOUSEHOLD PRODUCTS ARE SOLD OR DISTRIBUTED THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.36 is added to Article V of the Santa Monica Municipal Code to read as follows: Chapter 5.36 - Toxic and Hazardous Household Products Label~ng SECTION 5.36.010. Findings. The City Council finds and declares: (a) Through AB 2707, the state of California has imposed upon the City of Santa Monica the costs for household hazardous waste management within the city. (b) The City spends in excess of $300,000 per year collecting and managing household hazardous waste and faces the prospect of much greater expenditures in the future. (c) The citizens of the city of Santa Monica have a right to know about the toxic and hazardous nature of chemical 1 . products they use in their homes on a regular basis. Cd) The users of toxic and hazardous household products have both an obligation and a right to be informed about the costs and consequences of the disposal of toxic and hazardous household materials. (e) Retailers who sell toxic and hazardous household products have an obligation to inform consumers of such products about their contents and about appropriate disposal. SECTION 5.36.020. Definitions. For purposes of this Chapter, the following words and phrases shall have the following meanings: (a) Disolav Area Label. The signage to be used by a retailer to mark a hazardous household material display area as prescribed by the Environmental Programs Division. (b) Toxic and Hazardous Product. Any product which falls within one of the following categories shall be considered a toxic and hazardous household product for purposes of this Chapter: (1) Toxic or hazardous automotive products, including but not limited to motor oil, gear case oil, hydraulic oil, brake fluid, power steering fluid, oil and fuel additives, engine coolants (antifreeze), and engine degreasers. (2) Toxic or hazardous paints and paint products, including but not limited to paint strippers, lacquer, shellac and varnish, wood stains, wood preservatives, paint and 2 . . lacquer thinners, rust removers and paint pigments. (3) Pesticides, insecticides, rodenticides, fungicides and herbicides. (4) Toxic or hazardous chemicals involved in swimminq pool or spa maintenance. (e) Retailer. A person offering for sale or selling a toxic and hazardous household product to a consumer, within the City of Santa Monica. SECTION 5.36.030. purpose. It is the policy of the City of Santa Monica to educate citizens regarding the toxic and hazardous nature of certain household products, proper use of the products, and the proper methods for disposal of residual products and containers in order to protect public health and the environment. This chapter is intended to implement this policy of educating and informing citizens about the toxic and hazardous nature of certain household products, their proper use, and proper disposal methods, and is not intended to prohibit or in any way regulate any matter relating to registration, sale, transportation, or use of those products. SECTION 5.36.040. Applicability. This Chapter shall apply to all persons who engage in business in the city of Santa Monica. SEcTION 5.36.050. Labelinq Requirement Applicable to Sale or Distribution of Toxic and Hazardous Household Products. 3 . . . (a) The Environmental Programs Division shall develop, in cooperation with retailers and other interested parties, and shall distribute to retailers, uniform information labels to be utilized in display areas containing toxic and hazardous household products. (b) A retailer shall affix a display area information label, as prescribed by the Environmental Programs Division, in a prominent location upon or near the display area of a toxic and hazardous household product. If the display area is a shelf, and the price of the product is affixed to the shelf, the label shall be affixed adjacent to the price information. SECTION 5.36.060. consumer Education. (a) Consumer information pamphlets shall be prepared by the Environmental Programs Division in cooperation with retailers and other interested parties which provide information regarding the toxic and hazardous nature of specified product categories, the proper use of toxic and hazardous household products, specific instructions for the proper disposal of these products, and the identification and availability of safer alternative products. (b) Retailers shall maintain and prominently display in a location directly adjacent to the display area warning label pamphlets described in subsection (a) above, which shall be provided at no cost to retailers by the City's Environmental Programs Division. SECTION 5.36.070. Exemptions. 4 . . . (a) A business subject to this Chapter may apply for an exemption of a specific product subject to this Chapter if the product does not contain any of the substances, in concentrations at or above 1%, or above .1% for cancer causing substances, listed in the current editions of the following: (1) 29 CFR 1910, Subpart z. (2) "Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment," published by the American Conference of Government Industrial Hygienists. (3) National Fire Protection Association, "Hazardous Chemicals Data" (NFPA 49). (4) National Fire Protection Association, "Fire Hazard Properties of Flam.mable Liquids, Gases, Volatile Solids" (NFPA 325M). Including all items rated II through IV as health hazards or III through IV as flammability or reactivity hazards. (5) U. S. Department of Transportation's "Hazardous Materials Table," 49 V.F.R. 172.101 (May 1985). (6) National Toxicology Program, "Annual Report on Carcinogens. II (7) International Agency for Research on Cancer, "Monographs, Supplement 4. " (8) A list of radioactive substances in Appendix B of chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory commission. (9) Parts 172 and 173 of Title 49 of the Code of 5 . . i Federal Regulations. (10) Subdivision (b) of the Labor Code section 6382. (11) Section 25316 of the California Health and Safety Code. (1.2) A list of legal carcinogens from the California Code of Regulations, Title 8, Subchapter 7, Group 16 or the list developed by the United states Department of Health and Human Services on its Second Annual Report on carcinogens. (13) A list of pesticides as issued by the Director of the Department of Food and Agriculture. (14) A list of priorl.ty organic pollutants as issued by the EPA. ( 15) A list of extremely hazardous materials in Part 300 of Title 40 of the Code of Federal Regulations. (16) A list of acutely hazardous materials as defined in Health and Safety Code section 25532, subdivision (a) . (b) A retailer seeking to exempt a particular product shall submit an application on a form provided by the Environmental Programs Division. (c) Upon filing of an application for exemption, the Environmental Programs Division may request from the person submitting the exemption application any additional information it deems reasonably required to evaluate an application. (d) Upon making a determination whether or not to grant 6 . . . . an exemption, the Environmental Programs Division shall notify the applicant in writing. ( e) There shall be no administrative appeal of a denial of an exemption application. SECTION 5.36.080. Inspection Authority. The City Manager or the city Manager's designated representative is authorized to enter the business premises during business hours of any retailer engaged in the sale of toxic and hazardous household products in the City for the sole purpose of inspecting said premises to determine whether the retailer is in compliance with this Chapter. SECTION 5.36.090. Penalties for Noncompliance. Any person found in violation of any provision of this Chapter shall be guilty of a misdemeanor. For purposes of this Chapter, the first cited violation of this Ordinance shall constitute a warning of noncompliance. The cited retailer shall comply with this Chapter within twenty-four (24) hours of the issuance of the citation. If the cited violation is not corrected within the 24-hour period, the violation shall be considered a misdemeanor. SECTION 5.36.100. Annual Evaluation. In recognition of the rapid changes in household product formulation, the effectiveness of this Chapter shall be evaluated in writing by the Environmental Programs Division not later than one year from the effective date, and no less frequently than every two years thereafter. The written evaluation should address the 7 . . . . necessity for revisions of the requirements of this Chapter, and particularly, the necessity, if any, to modify the definition of "toxic and hazardous household product.n SECTION 5.36.110. Effective Date. The provisions of section S.36.0S0(b) and S.36.060(b) shall not take effect until one hundred eighty (180) days after the effective date of this Chapter. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall S . . . 4 cause the same to be pUblished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: l~i ,<1 ~ I ~J"v{ ~l-.J-7l.c~ &I (.~ MARSHA JOJ'~'ES MOUTRIE City Attorney 9 -- -- --- . . . . ~ Adopted and approved thts 24th day of May, 1994 {J. V':LA Ma~ I hereby cenify that the foregoing Ordinance No. 1744 (CCS) was duly and regularly adopted at a meetmg of the City Councll on the 24th day of May, 1994; by the followmg CouncIl vote. Ayes Councllmembers Abdo, Genser, Greenberg. Olsen, Rosenstem, Vazquez Noes Councllmernbers. None Abstam Councllmembers None Absent Councllmembers Holbrook ATTEST _~L@%f~~ -- - / CIty Clerk