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M-072595390 CITY OF SANTA MONICA CITY COUNCIL MINUTES JiTLY 25, 1995 A regular meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at 6:36 P.M., on Tuesday, July 25, 1995, in the Council Chambers. Roll Call: Present: Mayor Paul Rosenstein Councihnember Ken Genser Councilmember Robert T. Holbrook Councilmember Ruth Ebner Councilmember Pamela O'Connor (arrived at 6:47 P.M.) Councilmember Judy Abdo Absent: Mayor Pro Tempore Asha Greenberg Also Present: City Manager John Jalili City Attorney Mazsha Jones Moutrie Acting City Clerk Beth Sanchez Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. Mayor Rosenstein announced that the Department of Community and Cultural Services will conduct an event on Sunday, July 30, 1995, from 1:00 P.M. to 4:00 P.M. at Douglas Pazk to elicit community input with regard to renovations of the pond and play area. 4-A: PRESENTATION OF PLAQUES/OUTGOING MEMBERSBOARDS AND COMMISSIONS: Mayor Rosenstein presented a recognition plaque to Lacy Goode of the Bayside District Corporation. Plaques will be delivered by the Office of the City Clerk to the following outgoing Board and Commission members: John Ezell of the Airport Commission, Dan Ringwood of the Bayside District Corporation, Stephen Harby of the Landmarks Commission, Diane Glinos and Connie Jenkins of the Recreation & Parks Commission. At 6:40 P.M, a City Council/Redevelopment Agency Special Joint Meeting was convened. 1 July 25, 1995 391 Redevelopment Agency Roll Call: Present: Absent: Chair Paul Rosenstein Agency Member Ken Genser Agency Member Robert T. Holbrook Agency Member Ruth Ebner Agency Member Judy Abdo Vice Chair Asha Greenberg Agency Member O'Connor RA-I: MINUTES: Aeencv Member Holbrook moved to approve the Redevelopment Agency minutes from the meeting of June 20, 1995. Second by Agency Member Ebner. The motion was unanimously approved, Vice Chair Greenberg and Agency Member O'Connor absent. CC/RA-2: REFINANCING AND REDEMPTION/AII2PORT FACILITIES CERTIFICATES OF PARTICIPATION: Presented was a resolution approving the refinancing and redemption of Airport facilities Certificates of Participation (GOP's) and authorizing an appropriate notice to be sent to the GOP's Trustee; and adoption of resolutions approving joint exercise of powers agreements establishing the Santa Monica Public Financing Authority. Council/Agency asked questions of staff. At 6:44 P.M., Mayor/Chair Rosenstein declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor/Chair Rosenstein closed the public heazing at 6:45 P.M. Councilmember Abdo moved to adopt Resolution No. 8922(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE REDEMPTION OF CERTIFICATES OF PARTICIPATION AND OTHER MATTERS RELATED THERETO," reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Ebner, Abdo, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg, Councilmember O'Connor Councilmember Abdo moved to adopt Resolution No. 8923(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA," as revised, reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Ebner, Abdo, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg, Councihnember0'Connor Agency Member Abdo moved to adopt Resolution No. 449(RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT WITH July 25, 1995 392 THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by Agency Member Holbrook. The motion was approved by the following vote: Redevelopment Agency vote: Affirmative: Agency Members Genser, Holbrook, Ebner, Abdo, Mayor Rosenstein Absent: Vice Chair Greenberg, Agency Member O'Connor At 6:47 P.M., the Special City Council/Redevelopment Agency Special Joint Meeting was adjourned and the City Council Meeting was reconvened. Councilmember O'Connor reported present at 6:47 P.M. 6. CONSENT CALENDAR: Presented- was the Consent Calendar, whereby all items aze considered and approved in one motion unless removed from the calendar for discussion. Member of the public Joy Fullmer discussed items on the Consent Calendar. Councilmember Holbrook moved to approve the Consent Calendar, with the exception of Item Nos. 6-D, 6-G, and 6-H, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Ebner. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 6-A: MINUTES APPROVAL: The City Council minutes of July 11, 1995, were approved as submitted. 6-B: CONTINi7ING EXISTENCE OF A LOCAL EMER ENCY: Resolution No. 8920(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. 6-C: ACCOUNTING ORDER/[TNIVERSAL REMOTE/CENTURY SOUTHWEST CABLE: Resolution No. 8921(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ACCOUNTING ORDER REGARDING "UNIVERSAL REMOTE" CONTROL DEVICE RATES OF CENTURY SOUTHWEST CABLE TELEVISION, INC." was adopted. 6-E: CANCELLATION OF REGULAR CITY COUNCIL MEETING/AUGUST 22. 1995: The regular City Council meeting of August 22, 1995, was canceled. 6-F: AWARD OF CONTRACT/SEWER MAIN IMPROVEMENTS/SEWER MAIN AND STORM DRAIN RELINING: Contract No. 7154(CCS) was awarded to Insituform Southwest in the amount of $1,738,108 for sewer main improvements and sewer main and storm drain relining at various city locations. July 25, 1995 393 END OF CONSENT CALENDAR 6-D: TOTAL ENERGY SERVICES PLAN: Council asked questions of staff. Councilmember Abdo moved to adopt Resolution No. 8924(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO SUPPORT THE DEVELOPMENT OF A TOTAL ENERGY SERVICES PLAN FOR THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 6-G: CONTRACTBAY SAVER RETROFIT PROGRAM: Council asked questions of staff. Councilmember Holbrook moved to approve Contract No. 7155(CCS) with Honeywell DMC in an amount not to exceed $160,000 for services related to the Bay Saver Retrofit Program. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 6-A: CONTRACT/MUNICIPAL STORM WATER/URBAN RUNOFF PILOT PROJECT: Council asked questions of staff. Councilmember Abdo moved to approve Contract No. 7156(CCS) with the State Water Resources Control Board to accept a grant in the amount of $100,000 for the development of a Municipal Storm Water/Urban Runoff Pilot Project; appropriate $225,000 for the "Catch Basin Monitoring Project" and $25,000 from the Wastewater Reserves; and establish a revenue account to deposit grant and matching funds collected in FY 1995-96. Second by Councilmember O'Connor. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 8-A: EXPANSION OR INTENSIFICATION/EXISTING AUTOMOBILE REPAIR FACILITIES: Presented was an ordinance for second reading and adoption amending the Zoning Ordinance to allow for the expansion or intensification of existing automobile repair facilities in BCD, C2, C3 and C3-C caning districts. Councilmember Holbrook moved to adopt Ordinance No. 1809(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OR INTENSIFICATION OF AUTOMOBII,E REPAIR FACILITIES IN THE BCD, C2, C3 AND C3-C ZONING DISTRICTS;" reading by title only and 4 July 25, 1995 394 waiving further reading thereof. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Ebner, O'Connor, Abdo, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 8-B: PROHIBITION OF NUDITY IN PUBLIC PLACES: Presented was an ordinance for second reading and adoption adding Section 4.08.670 to the Santa Monica Municipal Code prohibiting nudity in public places. Councilmember Holbrook moved to adopt Ordinance No. 1810(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.670 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING NUDITY IN PUBLIC PLACES," reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: CouncIlmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 8-C: STORMWATER MANAGEMENT ENTERPRISE FUND/[TSER FEE: Presented was an ordinance for second reading and adoption adding Chapter 7.56 to the Santa Monica Municipal Code to establish the City's storm drainage system as a City enterprise, a stormwater management fee and a stormwater enterprise fund. To be considered in conjunction with Item No. 9-A. 9-A: STORMWATER PARCEL REPORT: Presented was the staff report recommending acceptance and approval of the Stormwater Pazcel Report describing each parcel in the City and the amount of each parcel's stormwater management user fee for FY 1995-96. Councilmember Abdo moved to adopt Ordinance No. 1811(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 7.56 TO THE SANTA MONICA M[JNICIPAL CODE TO ESTABLISH THE CITY'S STORM DRAINAGE SYSTEM AS A CITY UTILITY AND ENTERPRISE, A STORMWATER MANAGEMENT FEE AND A STORMWATER ENTERPRISE FUND," reading by title only and waiving further reading thereof. Sewnd by Councilmember Genser. Discussion was held. Councilmember Abdo withdrew her motion. Council asked questions of staff. At 7:45 P.M., Mayor Rosenstein declared the public hearing open. Member of the.public Joy Fullmer expressed her concerns. Members of the public Dan Ehrler, Dennis Zane, Mazk Gold, Laurel Roennau, Mike Feinstein, and Jay Johnson spoke in support of the proposed ordinance. Members of the public Sam Tooch and Peter Cazniglia spoke in opposition to the proposed ordinance. Mayor Rosenstein closed the public hearing at 8:20 P.M. Council asked questions of staff. Councilmember Abdo moved to adopt Ordinance No. 1811(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING July 25, 1995 395 CHAPTER 7.56 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH THE CITY'S STORM DRAINAGE SYSTEM AS A CITY UTILITY AND ENTERPRISE, A STORMWATER MANAGEMENT FEE AND A STORMWATER ENTERPRISE FUND," reading by title only and waiving further reading thereof. Second by Councilmember Genser. Council asked questions of staff. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, O'Connor, Abdo, Mayor Rosenstein Negative: Councilmember Ebner Absent: Mayor Pro Tempore Greenberg Councilmember Abdo moved to accept and approve the Stormwater Parcel Report describing each pazcel in the City that receives a property tax bill from Los Angeles County Tax Assessor's Office and detailing the amount of each parcel's Stormwater Management User Fee for Fiscal Year 1995- 1996. Second by Councilmember Genser. Councilmember Holbrook moved to amend the motion to direct staff to return with a report each yeaz, as required by State law. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, O'Connor, Abdo, Mayor Rosenstein Negative: Councilmember Ebner Absent: Mayor Pro Tempore Greenberg Councilmember Genser moved to ask staff to explore the applicability of the assessment relief program for low-income property owners and renters with regazd to this program. Second by Mayor Rosenstein. The motion was approved, Councilmember Ebner opposed, Mayor Pro Tempore Greenberg absent.. 8-D: DEED RESTRICTIONS/COMMERCIAL DISTRI TS: The ordinance for introduction and first reading amending the Zoning Ordinance to require deed restrictions for certain projects in Commercial Districts which receive a density or height bonus will be considered at the meeting of August 8, 1995. At 8:47 P.M., Council adjourned for a short recess. Council reconvened at 9:13 P.M. with all members present. 8-E: EVICTION PROTECTION/T'ENANTS WTI`H DOMESTIC PARTNERS: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Chapter 4.40 to provide eviction protection to tenants with domestic partners. Council asked questions of staff. At 9:20 P.M., Mayor Rosenstein declared the public heazing open. Member of the public Rosario Perry suggested technical changes to the proposed ordinance. Member of the public Joy 6 July 25, 1995 396 Fullmer expressed her concerns. Members of the public Nancy Greenstein and Mike Street spoke in support of the proposed ordinance. Mayor Rosenstein closed the public hearing at 9:26 P.M. Councilmember Abdo moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND CHAPTER 4.40 OF THE SANTA MONICA MUNICIPAL CODE TO PROVIDE EVICTION PROTECTION TO TENANTS WITH DOMESTIC PARTNERS," reading by title only and waiving further reading thereof. Second by Mayor Rosenstein. Discussion was held. Councilmember Abdo moved to amend her motion to include language at the end of SECTION 3 (4) stating, "A violation of this subsection may be raised as an affirmative defense to an unlawful detainer action." The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg 8-F: TENANT HARASSMENT: Presented was an ordinance for introduction and first reading adding Chapter 4.56 to the Santa Monica Municipal Code regarding tenant hazassment. Council asked questions of staff. At 9:41 P.M., Mayor Rosenstein declared the public hearing open. Members of the public Barbara Miller, Suzanne Abrescia, Dee Pack, Jamie Zazow, Dennis Zane, John Lykes, Sonya Samuels, Bazbaza Bozman, Patricia Hoffman, Dan Webster, Elly Hayn, Terry Schiller, Jay Johnson, and Nancy Greenstein spoke in support of the proposed ordinance. Member of the public Rosario Perry spoke in opposition to the proposed ordinance. Member of the public Joy Fullmer expressed her concerns. Members of the public Michael Tazbet and Mike Feinstein spoke in general support of the ordinance but expressed concern with certain language. Member of the public Chris Hazding spoke in support of a responsible measure to prohibit tenant harassment, but requested additional time to study the proposed ordinance prior to action on same. Mayor Rosenstein closed the public heazing at 10:21 P.M. Council asked questions of staff. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.56 TO THE SANTA MONICA MUNICIPAL CODE REGARDING TENANT HARASSMENT," reading by title only and waiving further reading thereof. Second by Councilmember O'Connor. Council asked questions of staff. Discussion was held. Councilmember Ebner moved a substitute motion to remand this ordinance to the City Attorney's office to redraft Section 4.56.040(d), review the intent sections, and return to Council at the meeting of August 8, 1995. Second by Councilmember Holbrook. Councilmember Holbrook moved to amend the substitute motion to ask staff to discuss the proposed ordinance with interested parties. The motion was accepted as friendly. Discussion was held. Councilmember Abdo moved to extend the meeting to 11:30 P.M. Second by Councilmember Ebner. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. Councilmember Ebner excused herself from the meeting at 11:00 P.M. Discussion continued. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmember Holbrook July 25, 1995 397 Negative: Councilmembers Genser, O'Connor, Abdo, Mayor Rosenstein Absent: Mayor Pro Tempore Greenberg, Councilmember Ebner The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, O'Connor, Abdo, Mayor Rosenstein Abstain: Councilmember Holbrook Absent: Mayor Pro Tempore Greenberg, Councilmember Ebner Councilmember Abdo moved to direct staff to attempt to contact the individuals who spoke this evening to ask if they would like to participate in some sort of session to present input regazding any changes and that staff return with both the proposed ordinance for second reading as well as an ordinance incorporating any changes that seem appropriate to make this a better law, if there are any such changes. Discussion was held. Councilmember Abdo moved to change her motion to ask staff to discuss this issue with anyone who approaches them or whomever they wish to approach. Second by Mayor Rosenstein. The motion was unanimously approved, Councilmember Holbrook abstained, Councilmembers Greenberg and Ebner absent. 9-B: CLOSED SESSION: Held at end of meeting. 13-A• ROBERT J SULLIVAN/PASS-THROUGH/SOFT TORY CONSTRU TION COSTS: Robert J. Sullivan was not in attendance. Councilmember Genser moved to receive and file the request of Robert J. Sullivan to address Council regazding pass-through of soft story construction costs. Second by Mayor Rosenstein. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 13-B: HZMA VARGAS/PASS-THROUGH/SOFT STORY CONSTRUCTION COSTS: Irma Vargas was not in attendance. Councilmember Abdo moved to receive and file the request of Irma Vargas to address Council regarding pass-through of soft story construction costs.. Second by Councilmember Genser. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 13-C: CHRISTOPHER M. HARDING/PASS-THROUGH/SOFT STORY CONSTRUCTION COSTS: Presented was the request of Christopher M. Hazding to address Council regarding pass- through of soft story construction costs. Discussion was held. Councilmember Holbrook moved to ask staff to prepare a resolution addressing the issue of soft story construction costs and ask the Rent Control Boazd to reconsider the soft story issue as apass-through. Mayor Rosenstein moved to amend the motion to request that staff review the program and evaluate whether it is still viable and whether there aze any changes which should be made. The motion was accepted as friendly. Discussion was held. Mayor Rosenstein moved to extend the meeting to its completion. Second by Councilmember Genser. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. Discussion continued. The motion died for lack of a second. Councilmember July 25, 1995 398 Abdo moved to ask staff to prepaze an analysis, including a study of funding for the existing ordinance, and return as soon as possible. Second by Mayor Rosenstein. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 14-A: APPOINTMENTS/MEMBERSBOARDS AND COMMISSIONS: The annual and unscheduled appointments of members to Boards and Commissions was continued to the meeting of September 12, 1995. 14-B: INDEMNIFICATION/OVERSIGHT OF OPERATIONS/ACCOUNTABILITY/ BAYSH)E DISTRICT CORPORATION/PIER RESTORATION CORPORATION: The request of Councilmember Ebner to discuss the extent of the City's obligation to indemnify the Bayside District Corporation (BDC) and the Pier Restoration Corporation (PRC), the City's oversight of BDC and PRC operations, and accountability issues associated with these organizations was continued to the meeting of August 8, 1995. 14-C: AUTHORIZATION/TRAVEL FUNDS/ENERGY EFFICIEN IN THE 21ST CENTURY CONFERENCE: Presented was the request of Mayor Rosenstein to receive authorization to utilize City travel funds for unreimbursed incidental expenses related to official travel to the Energy Efficiency in the 21st Century Conference in Gothenburg, Sweden and vicinity from July 30 -August 8, 1995. Councilmember Abdo moved to approve the utilization of City ffavel funds for unreimbursed incidental expenses related to official travel to the Energy Efficiency in the 21st Century Conference in Gothenburg, Sweden and vicinity from July 30 -August 8, 1995. Second by Councilmember O'Connor. Council asked questions of Mayor Rosenstein. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 14-D: REMOVAL OF ALL MEMBERS/AIRPORT COMMISSION: The request of Councilmember Genser to remove all members of the Airport Commission and direct the City Clerk to publish a notice of vacancies and schedule the appointment of replacement commissioners at the earliest possible date was continued to the meeting of September 12, 1995. 14-E: LETTER OF RESIGNATION/CESAR R. SCOLARUBAYSH)E DISTRICT CORPORATION: Councilmember Abdo moved to accept with regrets the letter of resignation from Cesaz R. Scolari of the Bayside District Corporation and authorize the City Clerk to publish a Notice of Vacancy. Sewnd by Councilmember Genser. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 14-F: LETTER OF RESIGNATION/GERO LESON/TASK FORCE ON THE ENVIRONMENT: Councilmember Abdo moved to accept with great regrets the letter of resignation from Gero Leson of the Task Force on the Environment. Second by Councilmember Genser. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. 15: PUBLIC INPUT: Members of the public Jim Donaldson, Virginia Ernst, Joe Owens, Ed Fidelman, and Robert Newbold discussed problems at the airport and with the Airport Commission. Councilmember Holbrook moved to hear late speakers. Second by Councilmember O'Connor. The motion was unanimously approved, Councilmembers Greenberg and Ebner absent. Members of the 9 July 25, 1995 399 public Eric Parlee and Daniel Cytron discussed problems at the airport and with the Airport Commission. 9-A: CLOSED SESSION: At 11:50 P.M., Council adjourned to Closed Session for conference with Legal Counsel: Existing litigation: L Antionette Myrick et al. v. City of Santa Monica, et al., United States District Court Case No. CV 94-3684; and Public Employment: Title: City Clerk No action was taken. At 12:20 A.M., Council reconvened with all members present except Councilmembers Greenberg and Ebner. ADJOURNMENT: At 12:20 A.M., the meeting was adjourned. ATTEST: ~~~~~~~ Beth Sanchez, CMC Acting City Clerk APPROVED: ~~ Paul Rosenstein Mayor 10 July 25, 1995