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M-9/7/1999 (4) I I I 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 1 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 I 2 September 7, 1999 I I I COMMUNITY ROOM OPENING 1011 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 3 September 7, 1999 1012 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 I 4 September 7, 1999 I I I STAFF ADMIN. ITEMS 1013 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 5 September 7, 1999 1014 CLOSED SESSIONS: 16-A Conference with Legal Counsel- Existing Litigation: John Recine v. City of Santa Monica. Case No. SC 052 - 376. I 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 1 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 I 6 September 7, 1999 I I I PUBLIC INPUT: ADJOURNMENT 1015 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 ... <---~.. 1Cle~, Pam O'Connor Mayor - 7 September 7, 1999