M-9/7/1999 (4)
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1009
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SE.PTEMBER 7, 1999
A regular meetmg ofthe Santa Moruca CIty Council was called to order by Mayor O'Connor at
6 17 pm, on Tuesday, September 7, 1999, at CIty Councd Chambers, 1685 Mam Street
Roll Call
Present.
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councdmember RIchard Bloom
Counctlmember Mlchae1 Femstem
Councdmernber KevIn McKeown
Councilmember Paul Rosenstem
Absent
Councdmernber Robert T. Holbrook
Also Present CIty Manager John Jahli
City Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS On order of the Mayor, the CIty Councd convened,
WIth Councilmember Holbrook absent, at 6 17 pill, and then adjourned to
conSIder closed seSSIOns ActIon taken on closed seSSIOn was reported at
the end of the meetmg
RECONVENEIPLEDGE
On order of the Mayor the CIty Councd reconvened at 7 15 pm, WIth
Councllmember Holbrook absent Councilmember Femstem led the
assemblage m the Pledge of AllegIance
ORDINANCES:
PUBLIC SAFETY
DISPATq=fF.RS
8-A Introduction and first reading of an ordinance of the City of
Santa Monica to allow Public Safety Dispatchers to participate in the
Peace Officer Standards and Training Program.
On order of the Mayor, the pubhc hearing was opened Members of the
public Bnan Hutchmgs and Joy Fullmer expressed various concerns
Monon by Councdmember Femstem, seconded by Mayor Pro Tern Genser,
to introduce the ordmance, readmg by title only and waIvtng further readmg
thereof The motion was approved by the followmg vote
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September 7, 1999
1010
AYES
Counctlmembers Rosenstem, McKeown, Femstem, Bloom, I
Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmember Holbrook
NOES
ABSENT
CHANGE IN ORDER OF On order of the Mayor, 9-A WIll be consIdered at the end of the Counctl
AGENDA meetmg
WRITTEN
COMMUNICA TIONS:
SANTA MONICA
AIRPORT
13-A Request of Brian Hatton to address Council regarding jet traffic
at the Santa Monica Airport and requesting legislation to protect the
health of affected residents. (Continued from August 17, 1999)
On order of the Mayor, tlus matter was contmued to September 14, 1999
INDUSTRIAL POLICY
13-B The request of Brian Hutchings to address Council regarding
establishing an industrial policy, was presented
On order of the Mayor, the mformatlon was received and filed
LIVING WAGE STUDY 13-C The request of Reverend Sandie Richards that Council
commission a study on the impact of a Jiving wage ordinance in Santa
Monica in general, including the Jiving wage proposal from Santa I
Monicans Allied for Responsible Tourism (SMART), was presented
The followmg members of the pubhc spoke m support ofthe request Lmda
Plera-Avtla, Ann Htller representmg State Senator Hayden, Laune Newman
on behalf of Assembly Member SheIla Kuehl, VIvian Rothstem, Claudia
Torres, Cesar Olecio, Father Juan Romero, Kathy KartIganer, Jim Lafferty,
Denny Zane. Theresa Bonpane, Patncla Hoffinan, BIll Bronner, Madebne
Jams-ApariCIO, Ron Velkes, and Art Casillas
The followmg members of the pubhc spoke in opposItIon to the request
T om Larmore representing the Chamber of Commerce, Geri Gtlldand, Paul
Hortobagyl, Greg Naylor, Cameron GarCla, LIZ Astnn, Anne Greenspun,
Robert Lumsden, Robert Gamson, Steve Zlluring, Bill Tremper, Mark
Hardmg, Lmda Brown, West Hooker, Karen Bauer, KImberly Jokela, Daniel
Ehrler, Jean McNeil Wyner, Jim HalJun, Rtchard Lawrence, Mike Gmmng,
Jeff Kaplan, Tony Palermo, Jack Brebruk, Ann Lederer, Mary Ann Powell,
Ruth Elwell, Bob Buescher, Bill Imhoff, Lynne DaVIdson, Herb Astro, Raul
Da Costa, Jon Stevenson, DIck Robbins, Stefan StItCh, JeffKmg, Karl
Schober, Chuck Allord, and Glen Rosen
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September 7, 1999
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COMMUNITY ROOM
OPENING
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Herb Katz, Barry Barker, and MIchael Gans spoke m support of a City-wIde
study Steve Ury spoke m support of the request and of also studymg
contractors' wages BettI Ohver spoke m support of the request and
suggested explonng incentIves for employees such as chtldcare and
subsHltes Joy Fullmer and Bnan HutchIngs expressed vanous concerns.
Mohon by Councdmember Rosenstem, seconded by Councilmember
Femstem. to cormmsslon an econOmIC and legal study of the hvmg wage
concept as It would apply to Santa Maruca, mcludmg the costs as well as
benefits to the follOWIng potential affected employees, potentIally affected
employers and busmesses, and potentIal effects on the CIty Study to
mclude SMART living wage proposal and reasonable varIatIOns that do not
sIgnificantly alter the scope of the study such as the size busmesses to whIch
It would apply, the optIon of a hardship exemptIon clause, the appropriate
boundanes or applIcable zone, and the appropnate level to set a hvmg wage
Study should mclude an assessment of the proposed law's consIstency WIth
eXIsting city pohcles such as the Sustamable CIty PIan, the Bayslde Distnct
Plan, the Land Use Element, and the CIty'S SOCIal ServIces goals, etc The
study to be conducted m a tunely manner With the consultant to be selected
by December 1999 and the study to be completed by Apnl 2000 Once the
consultant IS hlfed, a public process IS to be developed to allow residents to
express concerns and Issues
MotIon to amend by Councilmember Femstem that the study mclude
subcontractors, Jamtors, parkmg attendants and slImlar low-wage workers
whose busmess may not be located m the City, but they work ill the City, as
well as simIlar busmesses based m the City with workers mside and outSide
the CIty boundanes The amendment was accepted as friendly The motIon,
as amended, was approved by the followmg vote
AYES
Counctlmembers Rosenstem, McKeown, Femstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmember Holbrook
NOES
ABSENT
Motion by Councllmember McKeown, seconded by Counctlmember Bloom,
to contmue the meetmg past 11 00 P m The monon was unarumously
approved by VOlce vote, WIth Councllmember Holbrook absent
13-D Request of Pro Se to address Council regarding the recent
opening ofthe Community Room located at 1144 ~ Street.
Mr Pro Se was not present to make lus request
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September 7, 1999
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FREEDOM SCROLL
MORATORIUM ON
PREFERENTIAL
PARKING ZONES
COUNCILMEMBER
ITEMS:
TRAVEL FUNDS
ACQUISITION OF
PROPERTY - 1420 PICO
MotIon by Counctlmember McKeown, seconded by Mayor Pro Tern Genser_
to reCeIVe and file InformatIon Matton unanimously approved by VOIce .
vote, With CouncIlmernber Holbrook absent
13-E The request of Jerry Rubin to present to Council a 1,000
"Freedom Scroll" regarding performers and artists at tbe Third Street
Promenade and to request discussion of modification of street
performers' ordinance, was presented
Members of the publIc Ned Landin and Bnan HutchIngs spoke m support of
the request
On order of the Mayor, the InformatIOn was receIved and filed
13-F The request of the Santa Monica Chamber of Commerce that
Council place an immediate moratorium on approval and
implementation of any further preferential parking zones pending a
meeting of interested parties to address preferential parking on a
citywide basis, was presented
The follOWing members of the pubhc spoke in opposition to the request
Linda Plera-AVlla, Ted Catanzaro, Chuck Allord, David Cole, Kathleen I
Masser, Montana Cole, Ken Sawyer, Ron Velkes, Tabitha Semler, BIll
Washburn, Ned Landin, Bnan HutchIngs, Susan Oldfield, and Arthur Hams
Discussion ensued on the merits of the request, as presented, and on the
comments from members of the publiC No fonnal actlOn was taken
On order of the Mayor, the informatIon was reCeIved and filed
14-A The request of Mayor O'Connor to approve travel funds for any
Councilmember wishing to attend the California Governor's
Conference for Women, to be held on October 5, 1999, in Long Beach,
was presented
MotIon by Mayor O'Connor, seconded by Councilmernber Femstem, to
approve request MotIon was unanimously approved, with Councilmember
Holbrook absent
14-B The request of Councilmember Bloom to discuss the possible
acquisition of property located at 1410 Pico Boulevard, on the
southeast corner of 14th Street and Pico Boulevard (Texaco gas station
site), was presented
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September 7, 1999
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STAFF ADMIN. ITEMS
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Member of the publIc Sally Young spoke in support of the request
MotIon by Councllmemher Bloom., seconded by Mayor Pro Tern Genser. to
approve request Motion was approved by VOIce vote, WIth Councllmember
Rosenstem vottog to opposlbon, and Councllmember Holbrook absent
9-A Recommendation to establish term limits and address policy
issues relating to City-appointed boards and commissions
Member of the publIc Chuck Allord spoke to support of the
recommendatiOn
Mobon by Counctlmember FeInsteIn, seconded by Mayor O'Connor to
approve the recommendatiOn, clanfied as follows serving 3/4 of a term shall
be co1lS1dered a full term and servmg less than 3/4 of a term shall be
consIdered a partIal term, except for the Housmg ComnnssiOn, terms are
linnted to two consecutIve terms, WIth a possIble thIrd term eIther by wntten
request of the Incumbent or nonnnatlon by a CouncIlmember and a 2/3 vote,
only 1/3 of any board or comrmsslOn may be made up of members servmg a
third term, the Secbon 8 appoIntees to the Housmg COIIllTllSSIOn are eltglble
for four consecutIve two-year terms, With a possIble fifth and sIXth
consecutIve term upon the wntten request of the appomtee, or by
Counctlmember nominatIon, m order to serve on the same board or
comnnsslOn, there shall be a four-year break before a former member may be
appomted agam, serving a partIal term does not count as part of the two or
three consecutIve term hmIt, the exIstmg term hmIts for regIOnal adVISOry
boards are confirmed, slffiultaneous memberslup on more than one board or
comnnsslon IS prolublted, except for the Bwldmg & Safety COrmrusSlOn, and
the current resolutIon addressmg thIs polley IS repealed, the CIty Clerk shall
bI-annually reVIew agendas and mmutes of adVISory boards, the Annual
Board and Comnnssion Dinner IS set as the annual Jomt meetIng between the
adVISOry boards and the City CouncIl, eXlstmg pohcy IS restated requIring
CouncIl approval of any OffiCIal commumcabon bemg sent by the adVISOry
bodies to other agencIes or members of the pubhc, and the eXIstIng
resolubon addressmg tins pohcy IS repealed, Incorporates by reference the
City Councll's rules for conductmg meetings to serve as gwdehnes for
boards and COnumSSlOns, clanfies the attendance polley for board and
commiSSIOn members Staff to return Wlth an Implementing resolutIon for
these polIcies
The motIon was unammously approved by VOIce vote, With Councllmember
Holbrook absent
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CLOSED SESSIONS:
16-A Conference with Legal Counsel- Existing Litigation: John
Recine v. City of Santa Monica. Case No. SC 052 - 376.
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Motion by Councllmember Bloom, seconded by Mayor O'Connor, to
approve a $22,000 settlement The motIon was approved by the followmg
vote
AYES
Councllmembers Rosenstem, McKeown, Femstem, Bloom,
Mayor Pro Tem Genser, Mayor O'Connor
None
Councilmember Holbrook
NOES
ABSENT
16-B Conference with Legal Counsel - Existing Litigation: Evanna
Bacon v. City of Santa Monica, Case No. SC 052 620.
MotIon by CouncIlmember McKeown, seconded by Councdmember Bloom,
to approve a $42,500 settlement The motion was approved by the
following vote
AYES
Counctlmembers Rosenstem, McKeown, Femstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None I
Councllmember Holbrook
NOES
ABSENT
16-C Conference with Legal Counsel- Existing Litigation: Rod
Curry v. City of Santa Monica, Superior Court Case No. SC
052 882.
Mobon by Councilmember Rosenstem, seconded by CouncIlmember
McKeown, to approve a $35,000 settlement The motIOn was approved by
the following vote
AYES
Counctlmembers Rosenstem, McKeown, Feinstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmember Holbrook
NOES
ABSENT
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16-D Conference with Legal Counsel- Existing Litigation: Doreena's
v. City of Santa Monica, Case No. 5S 006 976.
ACTION
No reportable action taken
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September 7, 1999
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PUBLIC INPUT:
ADJOURNMENT
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16-E Conference with Legal Counsel- Existing Litigation: Doreena's
v. City of Santa Monica, Case No. LAMe 95 U 0317.
ACTION
No reportable action taken
16-F Conference with Legal Counsel- Existing Litigation: Kristin
Beebe v. City of Santa Monica~ Case No. SC 052370.
Motion by Mayor O'Connor, seconded by Councllmember Femstem, to
approve a $27,990 89 settlement The motIon was approved by the
followmg vote
AYES
Councllmembers Rosenstem, McKeown, F emstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None
Councdmember Holbrook
NOES
ABSENT
16-G Conference with Real Estate Negotiator.
Property: Portions of property on the west side of Main
Street between Pieo Boulevard and Colorado
John Jalili, City Manager
The Rand Corporation
Possible acquisition of real estate property
City Negotiator:
Owners of Record:
Under negotiation:
ACTION
No reportable actIOn taken
15 PUBLIC INPUT. Members of the pubhc Jerry Rubm and Bnan
Hutchmgs spoke III favor ofhavmg radIO statIOn KCRW on sIte to mr
Councll meetmgs Chuck Allard spoke m Opposltlon to the City acqUIring
property for homeless services uses Art Casillas spoke regardmg PolIce
Department pohcy and expressed vanous concerns
On order of the Mayor, the CIty Councd meetmg was adjourned at 1 16
am, to September 14, 1999, m memory ofMrs Amparo Nano
ATTEST
~.~ ~.-'~~
Maria M Stewart
City Clerk
APPROVED
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<---~.. 1Cle~,
Pam O'Connor
Mayor
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September 7, 1999