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M-071195380 CITY OF SANTA MONYCA CITY COUNCIL MINUTES JULY 11, 1995 A regulaz meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at 6:34 P.M., on Tuesday, July 11, 1995, in the Council Chambers. Roll Call: Present: Mayor Paul Rosenstein Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Ruth Ebner Councilmember Pamela O'Connor 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 Ebner led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: WELCOME/SUPERINTENDENT AND PRESIDENT/SANTA MONI A COLLEGE/DR. PIEDAD F. ROBERTSON: Council welcomed Dr. Piedad F. Robertson, the new Superintendent and President of Santa Monica College. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendaz for discussion. Member of the public Joy Fullmer discussed items on the Consent Calendar. Council asked questions of staff. Councilmember Holbrook moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Abdo: The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Abdo, Mayor Rosenstein Abstain: Councilmembers Ebner, O'Connor Absent: Councilmember Greenberg July 11, 1995 381 6-A: MINUTES APPROVAL: The City Council minutes of June 20 (as corrected), 21 and 27, 1995, were approved as submitted. 6-B: CONTINI7ING EXISTENCE OF A LOCAL EMERGENCY: Resolution No. 8918(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: AWARD OF CONTRACT/REMODEL WATER AND WASTEWATER FACILITY/CITY YARDS/CONSTRUCT ACCESSIBILITY IMPROVEMENTS / WOODLAWN CEMETERY: Contract No. 7150(CCS) was approved with BEGL Construction Company, Inc. in the amount of $377,000 to remodel the Water and Wastewater facility at the City Yards and construct accessibility improvements at Woodlawn Cemetery. 6-D: CONTRACT/IlVIPLEMENTATION/COMPUTERIZED CASE MANAGEMENT SYSTEM: Contract No. 7151(CCS) was approved with Automated Case Management Systems, Inc. in the amount of $108,000 to implement a computerized case management system. 6-E: CONTRACT/DISTRIBUTION/HOUSEHOLD HAZARDOUS WASTE VH)EO: Contract No. 7152(CCS) was approved with the California Integrated Waste Management Board to distribute a household hazardous waste video. 6-F: ALTERNATE PARADE ROUTE/FESTIVAL OF THE CHARIOTS: Resolution No. 8919(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON JULY 30, 1995 ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted. 6-G: AGREEMENT/COMPLETION OF PHASE 2/CENTRAL H2RIGATION CONTROLLER PROJECT: Contract No. 7153(CCS) was approved with ETo Limited in the amount of $36,175 for completion of Phase 2 of the Central Irrigation Controller Project. END OF CONSENT CALENDAR 8-A: REESTABLISHMENT OF PENALTY/NONPAYMENT OF ASSESSMENTS / DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA:- Presented was an ordinance for second reading and adoption amending Sections 2 and 3 of Ordinance No. 725(CCS) reestablishing a penalty for nonpayment of assessments due in the downtown parking and business improvement azea. Councilmember Holbrook moved to adopt Ordinance No. 1808(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 2 AND 3 OF ORDINANCE NO. 725(CCS) REESTABLISHING A PENALTY FOR NON-PAYMENT OF ASSESSMENTS DUE IN THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA," amended to correct SECTION 2 /SECTION 3 to stipulate, "...less five percent (5%) thereof as the cost of collection..." Second by Councilmember O'Connor. The motion was approved by the following vote: July 11, 1995 382 Council vote: Affirmative: Councilmembers Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Councilmember Greenberg 8-B: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE: Presented was an emergency ordinance for introduction and adoption amending Sections 6.36.020, -.100 and -.11Q Chapter 2A of Article VI of the Santa Monica Municipal Code related to street performance regulations for the Third Street Promenade; a resolution establishing parameters of designated areas for performing on the Third Street Promenade and fees for street performer's permit. Council asked questions of staff. At 7:22 P.M., Mayor Rosenstein declazed the public hearing open. Member of the public Joy Fullmer expressed her concerns. Member of the public Randy Brook spoke in opposition to a restriction on amplification. Member of the public Ron Cano spoke in support of the proposed ordinance and suggested the outright banning of amplification and suggested decriminalizing the violations by having administrative revocation of the permit rather than criminal prosecution. Member of the public Jerry Rubin spoke in opposition to the proposed ordinance. Member of the public Dennis Zane spoke in support of the proposed ordinance and suggested decriminalizing the violations by having administrative revocation of the permit rather than criminal prosecution. Mayor Rosenstein closed the public hearing at 7:42 P.M. Council asked questions of staff. Councilmember Holbrook moved to adopt the staff recommendation with an amendment to the ordinance that amplification may only take place during the hours of 9:00 A.M. to 5:00 P.M., Sunday through Thursday, and from 9:00 A.M. to 7:00 P.M., Friday, Saturday, and holidays. Second by Mayor Rosenstein: Discussion was held. Councilmember Genser moved a substitute motion to continue this matter to the eazliest possible agenda (the next meeting, if possible, or, alternatively, the following meeting), and ask staff to study the issue of administrative remedy with regard to permit violations for this district only. Second by Councilmember Abdo. Discussion was held. Councilmember Abdo moved to amend the substitute motion to effect a team effort of enforcement utilizing existing ordinances. 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: Councilmember Greenberg Councilmember Ebner requested that the record reflect that she voted "no" on this motion because she feels that if this issue is an emergency then it is an emergency and it should be back in two weeks. At 8:20 P.M., Council adjourned for a short recess. Council reconvened at 8:42 P.M. with all members present. July 11, 1995 383 8-C: EXPANSION OR INTENSIFICATION/EXISTING AUTOMOBILE REPAH2 FACILITIES: Presented was an ordinance for introduction and first reading amending the Zoning Ordinance to allow for the expansion or intensification of existing automobile repair facilities in BCD, C2; C3 and C3-C zoning districts. At 8:44 P.M., Mayor Rosenstein declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Member of the public Ken Kutcher spoke in support of the proposed ordinance. Mayor Rosenstein closed the public hearing at 8:48 P.M. Councilmember Ebner moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA M[NICIPAL CODE TO ALLOW FOR THE EXPANSION OR INTENSIFICATION OF AUTOMOBILE REPAIR FACILITIES IN THE BCD, C2, C3, AND C3-C ZONING DISTRICTS," with findings, 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 Abdo, O'Connor, Ebner, Holbrook, Genser, Mayor Rosenstein Absent: Councilmember Greenberg 8-D; PROHIBITION OF NUDITY IN PUBLIC PLACES: Presented was an ordinance for introduction and first reading adding Section 4.08.670 to the Santa Monica Municipal Code prohibiting nudity in public places. At 8:51 P.M., Mayor Rosenstein declazed the public heazing open. Member of the public Joy Fullmer expressed her concerns. Member of the public Kathy Knight expressed concern that the proposed ordinance not interfere with breast feeding. Mayor Rosenstein closed the public hearing at 8:55 P.M. Discussion was held. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.670 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING NUDITY IN PUBLIC PLACES," amended to include an exclusion which specifically provides that the ordinance does not prohibit women from breast feeding infants in public, 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, O'Connor, Abdo, Mayor Rosenstein Absent: Councilmembers Greenberg, Ebner Councilmember Ebner was absent from the dias at the time of the above vote and returned to the dias at 8:59 P.M. 8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE: Presented was an ordinance for introduction and first reading 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. Council asked questions of staff. At 9:46 P.M., Mayor July 11, 1995 3S4 Rosenstein declared the public heazing open. Member of the public Mark Gold spoke in support of the proposed ordinance. Member of the public Joy Fullmer expressed her concerns. Councilmember Ebner excused herself from the dias at 10:10 P.M. Councilmember Abdo moved to take a short recess until Councilmember Ebner returns to the dias. Second by Councilmember Genser. The motion was approved, Councilmember Ebner absent. At 10:10 P.M., Council adjourned for a short recess. Council reconvened at 10:14 P.M. with all members present. 8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE (RESUMED: Members of the public Dennis Zane and Steve Davis spoke in support of the proposed ordinance. Members of the public Daniel Ehrler and R. Wright spoke in opposition to the proposed ordinance and requested the postponement of action on this item. Councilmembers Abdo and Genser read portions of a letter from member of the public Chris Reed in support of the proposed ordinance. Mayor Rosenstein closed the public hearing at 10:28 P.M. Discussion was held. Councilmember Holbrook withdrew Item No. 14-C. 8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE (RESUMED: Councilmember Abdo moved to introduce for first reading an ordinance to establish a Stormwater Management Enterprise Fund and approve a Stormwater Management User Fee. Second by Councilmember Genser. Discussion was held. Mayor Rosenstein moved to extend the public portion of the meeting to 11:30 P.M., and then adjourn to Closed Session. Second by Councilmember Ebner. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. Discussion continued. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, O'Connor, Holbrook, Genser, Mayor Rosenstein Negative: Councilmember Ebner Absent: Councilmember Greenberg By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING 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," was introduced on first reading by title only, waiving further reading thereof. Councilmember Abdo moved to establish a new revenue account number 34-500-661-00000-0550- 10000 with a FY 1995-96 budget of $611,739. Second by Councilmember Genser. The motion was approved by the following vote: 7uly 11, 1995 385 Council vote: Affirmative: Councihnembers Abdo, O'Connor, Holbrook, Genser, Mayor Rosenstein Negative: Councilmember Ebner Absent: Councilmember Greenberg Councilmember Abdo moved to have Council send a letter to the Rent Control Board urging them to review this issue carefully and to allow apass-through of the fee for all rental units. Second by Councilmember O'Connor. The motion was unanimously approved; Mayor Pro Tempore Greenberg absent. 9-A: CLOSED SESSION: Not held. 13-A: CAROL RICHARDS/BURMA FORUM/HUMAN RIGHTS VIOLATIONS IN BURMA: Presented was the request of Carol Richazds, Ph.D, and members of the Santa Monica- based Burma Forum, Rainforest Action Network, Earth Trust, Greenpeace and Santa Monica College-based Green Corps to address Council regarding human rights violations in Burma. Members of the public Kathy Knight and Louisa Craig spoke in support of the proposal set forth by Cazol Richards. Councilmember Genser moved to direct staff to investigate the situation in Burma further and return with a resolution implementing a policy that would prohibit the City from doing business with companies that do business in Burma. Second by Councilmember O'Connor. Discussion was held. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. I3-B: JOSEPH DiPASOUALE/SAFETY CONCERNS/19TH STREET AND IDAHO AVENUE: Joseph DiPasquale was not in attendance at the meeting. Councilmember Genser moved to receive and file the request of Joseph A. DiPasquale to address Council regarding safety concerns at the intersection of 19th Street and Idaho Avenue. Second by Councilmember Abdo. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. 13-C• BILL WORDEN/13ANGAR RELOCATIONS/LDA INSTRUMENT APPROACH/SANTA MONICA AIRPORT: Presented was the request of Bill Worden, President of the Santa Monica Airport Association, to address Council regarding hangaz relocations and the proposed LDA instrument approach at the Santa Monica Airport. Council asked questions of Mr. Worden. Member of the public Daniel Cytron spoke in support of Mr. Worden's request to place the issue of hangaz relocations on a future Council agenda. Councilmember Abdo moved to extend the meeting to 12:00 Midnight. Second by Mayor Rosenstein. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. Member of the public Terry Ballas discussed problems at the airport and with members of the Airport Commission. Council asked questions of staff. This item was referred to staff for prepazation of an information item. 7uly 11, 1995 386 13-D: MARILYN ALEXANDER/MASSAGE THERAPY: Presented was the request of Marilyn Alexander to address Council regarding amending the current massage therapy ordinance. Council asked questions of staff. Councilmember Abdo moved to ask staff to review the current ordinance and see if there is a way to allow seated, clothed massages, and some definition of appropriate places. Second by Councilmember Ebner. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. 13-E: ENRIQUE RENALDO/TAXICAB PARKING: Presented was the request of Enrique Renaldo to address Council regazding taxicab pazking, Santa Monica Municipal Code Section 6.48.080. Council asked questions of Mr. Renaldo. Council asked questions of staff. This item was referred to staff. 14-A: APPOINTMENTS/MEMBERSBOARDS AND COMMISSIONS: Councilmember Abdo moved to hear the public on this item this evening, close the public heazing tonight, and continue this item to the meeting of July 25, 1995. The motion was duly seconded and approved. Members of the public Robert Convey, Jay Becker, Linda Wenze, and Dan Ryan discussed the Airport Commission. Mayor Rosenstein moved to extend the meeting past 12:00 Midnight. Second by Councilmember Ebner. The motion was approved, Councilmember Genser opposed, Mayor Pro Tempore Greenberg absent. Members of the public Brian Buell, Daniel Cytron, Terry Ballas, and Bill Worden discussed the Airport Commission. The remainder of this item was continued to the meeting of July 25, 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 July 25, 1995. 14-C: RENAMING OF LINCOLN PARK/CHRISTINE EMERSON REED PARK: The request of Mayor Rosenstein and Councilmember Holbrook to direct staff to take appropriate action to rename Lincoln Park as Christine Emerson Reed Park and set a dedication date was withdrawn. 14-D: CHILD CARE EXPENSES/OFFICIAL CITY TRAVEL: Presented was the request of Councilmember Ebner to receive authorization for child caze expenses associated with official City travel. Discussion was held. Mayor Rosenstein moved to approve Councilmember Ebner's request for child care expenses associated with official City travel. Second by Councilmember Ebner. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. Councilmember Abdo moved to ask staff to investigate the status of child care policy for commissioners and return to Council with an information item. Second by Councilmember Genser. Discussion was held. The motion was unanimously approved, Mayor Pro Tempore Greenberg absent. 7 July 11, 1995 387 15: PUBLIC-INPUT: There were no speakers. ADJOURNMENT: At 12:20 A.M, the meeting was adjourned in memory of Mazgazet Zizzi and Sam Wiesman. ATTEST: Beth Sanchez Acting City Clerk APPROVED: ~~ Paul Rosenstein Mayor July 11, 1995