M-6/25/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 25, 2002
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at
5:50 p.m., on Tuesday, June 25,2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 6:51 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 5:55 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE
EMERGENCY ITEM
ADDED TO AGENDA
CONSENT CALENDAR:
Counci/member 0 'Connor
arrived at 5:55 p. m.
On order ofthe Mayor, the City Council convened at 5:50 p.m., with
Councilmembers Holbrook and O'Connor absent. Councilmember Bloom
led the assemblage in the Pledge of Allegiance.
The City Attorney requested that an additional closed session on the Greg
Golden claim against the City be added to agenda as an emergency item that
arose after preparation ofthe agenda and that requires action before the next
regularly scheduled meeting.
Motion by Mavor Feinstein. seconded bv Councilmember Katz, to add the
emergency closed session to the agenda. The motion was unanimously
approved by voice vote, with Councilmembers O'Connor and Holbrook
absent.
All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Pro Se and Joey Fullmer made remarks regarding
Consent Calendar items.
1
June 25, 2002
CURB RAMPS
RECYCLINGIDISPOSAL
SERVICES
BA YSA VER RETROFIT
PROGRAM
PARKING ENFORCE-
MENT SCOOTERS
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
approve all items on the Consent Calendar as presented, reading resolutions
and ordinances by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Mayor
Pro Tern McKeown, Mayor Femstein
None
CouncilmemberHollirook
NOES:
ABSENT:
I-A: Contract for curb ramp construction - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8126
(CCS)) with Torres Construction, in the amount of$169.069, for
construction of curb ramps as part of the Accessibility Compliance plan, was
approved.
I-B: Hazardous waste transportation, management, and
recycling/disposal services - recommendation to authorize the City
Manager to negotiate and execute renewable Contract No. 8217 (CCS) with
Hazpak:, Inc., in the amount of$200,000 for each fiscal year, to provide
hazardous waste transportation, management, and recycling/disposal
services for the City, was approved.
l-C: Administrative and inspection services related to the Bay Saver
Retrofit Program - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8128 (CCS) with XENERGY, in the
amount of$115,000, for administrative and inspection services related to the
Bay Saver Retrofit Program for FY 2002/03, was approved.
I-D: Purchase of eleven 3-wheeled parking enforcement scooters-
recommendation to award a purchase order to Municipal Maintenance
Equipment, in the amount of$331,933.47, to purchase and deliver eleven
three-wheel parking enforcement scooters, was approved.
DEVELO,PMENT/PUBLIC l-E: Analyses of relationships between new development and impact
ART ANALYSIS on public art - recommendation to authorize the City Manager to negotiate
and execute Contract No. 8219 (CCS) with Keyser Marston Associates,
Inc., in the amount of$95,000, to prepare a study analyzing the relationships
between new development and its impact on the City's art and related
cultural resources, was approved.
2
June 25,2002
LIQUIFIED NATURAL
GAS
STORM DRAINS
CLOSED SESSIONS:
Councilmember Holbrook
arrived at 6: 51 p. m.
I-F: Purchase of liquefied natural gas for Big Blue Bus fleet -
recommendation to award a purchase order to Alternative LNG
Technologies, in the amount of $850,000, to provide fuel to the Transit
Services Division, Big Blue Bus Department from July 1, 2002, through
June 30, 2003, was approved.
I-G: Contract amendment for Storm Drain System Maintenance
services - recommendation to authorize the City Manager to negotiate and
execute an amendment to an existing contract with Chrysalis, in the amount
of$100,000, for monthly maintenance services, was approved.
On order ofthe Mayor, the City Council recessed at 6:04 p.m., to discussed
closed sessions and reconvened at 6:51 p.m., with all members present, to
report the following action.
2-A: Conference with Legal Counsel- Existing Litigation: Arthur
Smith v. City of Santa Monica, Case No. SC 032 827.
ACTION:
Not heard. '
\.
2-B: Conference with Legal Counsel- Existing Litigation: Penny
Mirsky v. City of Santa Monica. Case No. SC 067 123.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: Hill. et al.
v. City of Santa Monica, Case No. SC 064466.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa -Monica v. Shell. Case No. 01CC04331.
"';
ACTION:
);f;
Heard. No reportabl~ actiontake-9-.
2-E: Conference with Legal Counsel- Existing Litigation: David
Levy. et al. v. City of Santa Monica, Case l'W~,~}57587.
ACTION:
Heard. No reportable action taken.
3
June 25. 2002
EMERGENCY ITEM
ADDED:
ORDINANCES:
CAMPAIGN
CONTRIBUTIONS
2-F: Conference with Legal Counsel- Existing Litigation: Action
Apartment Association v. City of Santa Monica, Case No. BC 271062.
ACTION:
Heard. No reportable action taken.
2-G: Conference with Legal Counsel- Existing Litigation: Chateau
16 Street Villas. LLC and Norman Salter v. City of Santa Monica, Case
No. BS 065985.
ACTION:
Not heard.
2-H: Conference with Legal Counsel- Existing Litigation: Santa
Monica Airport Association v. City of Santa Monica, Case No. SC 059
450.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Four.
ACTION:
One case heard. No reportable action taken.
2-J: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: One case.
Motion bv Councilmember Katz. seconded by Councilmember O'Connor, that
regarding the Greg Golden project at 1507 20th Street, extend the permit for
sixty days. The motion was unanimously approved by voice vote, with all
members present.
7-A: Second reading and adoption of Ordinance No. 2046 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANT A MONICA
AMENDING CHAPTER 11 OF THE MUNICIPAL CODE PROVIDING
REMEDIES FOR VIOLATIONS OF THE LOCAL CAMPAIGN
CONTRIBUTIONS LIMITS ORDINANCE," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
4
June 25, 2002
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
7-B: Introduction and fi~t reading of an ordinance entitled: "AN
STREET PERFORMERS ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE PR([)VISIONS GOVERNING STREET
PERFORMANCE AND VENDING ON THE THIRD STREET
PROMENADE, TRANSIT MALL AND PIER, INCLUDING
PROVISIONS ON PERMITS, PERFORMANCE STAGING AND
LOCATION, ART OBJECTS AND PENALTIES AND PROVISIONS
GOVERNING BLOCKING SIDEWALKS," and recommendation to
adopt Resolution No. 9776 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ESTABLISHING SPECIAL ZONES FOR
STREET PERFORMERS AND VENDORS," were presented.
The following members of the public addressed concerns regarding different
sections ofthe proposed ordinance: Pro Se, Mykel Proudlock, Marie Fink,
Vincent Garofalo, Ned Landin, Bill Roberts, Jerry Rubin, Bill Crum, Paul
Dale, and David Busch.
Motion by Councilmember Genser. seconded by Councilmember Holbrook,
to introduce and hold first reading ofthe ordinance, reading by title only
and waiving further reading thereof, amended to add the following to the
end of Section 6.112.060 (c)(5): "to ensure that the maximum number of
performance locations are provided consistent with spacing requirements,"
as read into the record by the City Attorney.
Friendly motion to amend by Mayor Pro Tern McKeown, to strike Section
6.112.060 (c)\(5), relative to the distance performers must keep using as
reference points the painted "stars" on the Pier surface. The motion was
not accepted as friendly.
Substitute motion by Mayor Feinstein. seconded by Councilmember
O'Connor, to strike Section 6.112.060 (c)(5), addressing distance and
spacing performers must keep relative to the aforementioned "stars,"
thereby making use ofthe "stars" advisory, not mandatory. The motion
failed by the following vote:
5
June 25,2002
AYES:
NOES:
ABSENT:
Councilmember O'Connor, Mayor Pro Tern McKeown,
Mayor Feinstein
Councilmembers Katz, Genser, Bloom, Holbrook
None
Motion to amend by Mayor Pro Tern McKeo~ to delete the word
"single" on page 25 under Section 6.116.010, and on page 33 under section
3.12.375. The motion was accepted as friendly by the maker and seconder.
The City Attorney requested the inclusion of the correction of a reference
on page 18 and page 21 each, in the ordinance from "and subsection (P) of
Section 6.112.030" to "and subsection (q) of Section 6.112.030."
The main motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Katz, Mayor Pro Tern McKeown
Mayor Feinstein
None
Mayor Feinstein stated he voted against the motion because Council
attempted to resolve a problem that doesn't exist and in so doing has
created a problem that didn't exist; has exposed the City to unnecessary
litigation; and has violated a historic working agreement with street
performers and taken a significant step backwards in the progressiveness of
the ordinance.
Motion by Councilmember Bloom. seconded by Councilmember O'Connor,
to adopt the resolution, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Genser, Bloom, O'Connor,
Holbrook, Mayor Pro Tern McKeown and Mayor Feinstein
None
None
Motion by Mayor Feinstein. seconded by Councilmember Katz, to direct
staff to research the need, cost, and feasibility of incorporating an J.D.
photo ofthe performer on the permit. The motion was unanimously
approved by voice vote, with all members present.
6
June 25,2002
"ELLISED" RENTAL
UNITS
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 4 OF THE MUNICIPAL CODE TO ELIMINATE F AMIL Y
MEMBER OCCUPANCY RESTRICTION GOVERNING "ELLISED"
UNITS," was presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to introduced ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Katz, Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
Motion by Mayor Feinstein. seconded by Councilmember Bloom, to ask the
Rent Control Board to track the effect of these changes and provide
periodic reports. The motion was unanimously approved by voice vote,
with all members present.
STAFF ADMIN. ITEMS: 8-A: Resolution placing two measures and a referendum on the
November 5,2002, General Municipal Election ballot and
supplemental staff report - recommendation to adopt Resolution No.
9777 (CCS) entitled:" A RESOLUTION OF THE CITY OF SANTA
MONICA PLACING THE PROPOSED VOTERS ELECTION REFORM
INITIATIVE FOR A TRUE ACCOUNTABILITY SYSTEM CHARTER
AMENDMENT; PROPOSED SANTA MONICA RESIDENTS
PROTECTION AND HOMEOWNERSHIP CHARTER AMENDMENT;
AND PROPOSED REFERENDUM TO ORDINANCE NO. 2015 (CCS)
KNOWN AS THE LIVING WAGE ORDINANCE ON THE NOVEMBER
5, 2002, BALLOT; AUTHORIZING COUNCILMEMBERS TO FILE.
WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURES, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANAL YSIS OF EACH MEASURE," was presented.
Members ofthe public Joey Fullmer, Paul DeSantis, and Brian Hutchings
addressed Council regarding the recommendation.
7
June 25, 2002
Motion bv Mayor Pro Tern McKeown. seconded by Councilmember
Genser, to adopt the resolution, reading by title only and waiving further
reading thereof, amending the question on VERlT AS to read as follows:
PROPOSITION "_": Shall the City Charter and Municipal Code be
amended to change the system of electing City Council members by
creating City Council districts, imposing term limits for Council members,
and establishing a municipal primary election with runoffs in the fall, to
add to the seven-member Council a mayor, who would be elected City-wide
and would serve as the Council's non-voting chairperson, and to change
the process for Council actions by giving the mayor the power to veto
Council actions, including emergency actions, which veto could be
nullified if a specified number of Council members vote to override it?
To further amend the motion so that the living wage referendum question
reads as follows:
PROPOSITION "_": Shall Ordinance No. 2015 (CCS) establishing local
minimum wage requirements, initially set at $10.50 per hour with health
care benefits, or at $12.25 per hour without health care benefits,
applicable to the City, its service contractors, and private businesses,
which are located in the coastal and downtown areas and have gross
annual receipts over $5 million, and establishing an exemption for
businesses which show severe economic hardship, be adopted?"
In addition, the following Councilmembers were designated to write
arguments, with the flexibility to add more Councilmembers where
appropriate and to substitute some Councilmember signatures with
signatures of members of the public:
Concerning the VERIT AS measure:
Argument for: Councilmember Holbrook.
Argument Against: Councilmembers Bloom, Genser, Katz, Mayor Feinstein
Concerning the measure to permit tenant ownership of certain properties:
Argument for: None.
Argument Against: Councilmembers Bloom, Genser, Mayor Feinstein
Concerning the living wage referendum:
Argument for: Councilmembers Bloom, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
8
June 25,2002
Argument Against: Councilmembers Katz, Holbrook.
The motion was adopted by the following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Holbrook
None
NOES:
ABSENT:
Councilmember Holbrook stated that he voted against because he has
reservations that the public will be confused and interpret the VERIT AS
language, as written, as not being able to meet emergency situations in the
City.
RENT CONTROL
CHARTER
AMENDMENT
8-B: Resolution No. 9778 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA PLACING TWO CITY CHARTER
AMENDMENTS, WHICH WOULD AMEND THE CITY'S RENT
CONTROL LAW, ON THE NOVEMBER 5, 2002, GENERAL
MUNICIPAL ELECTION BALLOT," was presented.
Rent Control Board Member spoke in support ofthe resolution and
suggested alternative language.
Motion bv Mavor Pro Tern McKeown.. seconded by Councilmember
Bloom, to adopt the resolution, reading by title only and waiving further
reading thereof, and amending the question on tenant protection to read as
follows:
PROPOSITION" ." Shall the City Charter's provisions governing
eviction from controlled rental units be amended to extend protections to
the spouses, children or domestic partners of tenants who die or become
incapacitated, to clarifY that the term "housing service" includes the
number of tenants authorized to occupy a unit, to clarify how rent
increases authorized by state law are computed, to clarifY the remedies for
unlawful attempts to recover possession, to create specified protections
against evictions for occupying tenants who replace authorized co-tenants
or subtenants, and to require that the Municipal Code contain protections
against tenant harassment?
9
June 25,2002
WRITTEN
COMMUNICATIONS:
1319 PCH - VARIANCE
COUNCIL ITEMS:
AIRPORT
COMMISSION
ARB
ARTS COMMISSION
The motion was approved by the following vote:
AYES:
Councihnembers Holbrook, O'Connor, Bloom, Genser,
Katz, Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
12-A: Request of Micki McClure to address Council requesting a
special variance(s) or interim zoning amendment for 1319 Pacific
Coast Highway for a 5-unit project, was presented.
On order ofthe Mayor, the information was received and filed.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
Airport Commission - 1 vacancy for a term ending 6/30/06
On order of the Mayor, this appointment was continued to July 9,2002.
Architectural Review Board - 2 vacancies for terms ending 6/30/06
On order of the Mayor, this matter was continued to July 23,2002.
Arts Commission - 2 vacancy for terms ending 6/30/06, and 1 vacancy
for a term ending 6/30/04.
Mayor Pro Tern McKeown nominated Hara Beck, for a term ending June
30,2006. There being no other nominations, Ms. Beck was appointed by
acclamation, with all members present.
Mayor Pro Tern McKeown nominated Steven Irvin, for a term ending June
30, 2006. There being no other nominations, Ms. Beck was appointed by
acclamation, with all members present.
Mayor Pro Tern McKeown nominated Julia Braun Kessler, for a term ending
June 30, 2004. There being no other nominations, Ms. Beck was appointed
by acclamation, with all members present.
10
June 25,2002
BA YSIDE DISTRICT
OLDER AMERICANS
Bayside District Corporation - 4 vacancies
Mayor Feinstein nomination Patricia Hoffinan. There being no other
nominations, Ms. Hoffinan was appointed by acclamation, with all members
present.
Mayor Feinstein nominated David Martin. Councilmember Genser
nominated Merlvn Ruddell. Mr. Martin was appointed by the following
vote:
David Martin: Councilmember Katz, O'Connor, Holbrook, Mayor Feinstein
Merlyn Ruddell: Councilmembers Genser, Bloom, Mayor Pro Tern
McKeown
Mayor Feinstein nominated Rob Rader. Councilmember Katz nominated
Merlyn Ruddell. Mr. Rader was appointed by the following vote:
Rob Rader: Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
Merlyn Ruddell: Councilmember Katz
Mayor Feinstein nominated Marvin Zeidler. Councilmember Holbrook
nominated Merlyn Ruddell. Mr. Zeidler was appointed by the following
vote:
Marvin Zeidler:
Councilmembers Katz, Genser, Bloom, Mayor Pro
Tern McKeown, Mayor Feinstein
Councilmembers O'Connor, Holbrook
Merlyn Ruddell:
Commission on Older Americans - 3 vacancies for terms ending
6/30/06; 2 Emeritus vacancies for terms ending 6/30/04; and 1 vacancy
for a term ending 6/30/03.
Motion by Councilmember Bloom to reappoint the two Emeritus incumbents
Dan Cohen and Rose Kauffinan. There being no other nominations, the
incumbents were reappointed by acclamation.
At the request ofCouncilmember Bloom, and on order of the Mayor, the
remaining vacancies were continued to the meeting of August 13,2002.
11
June 25,2002
STATUS OF WOMEN
Commission on the Status of Women - two vacancies for terms ending
6/30/06 and 1 vacancy for term ending 6/30/04.
Mayor Feinstein nominated incumbent Alicia Cook for reappointment.
There being no other nominations, Ms. Cook was appointed by acclamation,
with all members present.
On order of the Mayor, the remaining vacancies were continued to the
meeting of July 23, 2002.
CV&B
Convention & Visitors Bureau - 3 vacancies for terms ending 6/30/06
Mayor Feinstein nominated Rodney Punt. There being no other
nominations, Mr. Punt was appointed by acclamation, with all members
present.
On order of the Mayor, the remaining vacancies were continued to the
meeting of August 13, 2002.
HOUSING COMMISSION Housing Commission - 2 vacancies for terms ending 6/30/06
Mayor Pro Tern McKeown nominated Jason Parry and Richard Gerwitz.
There being no other nominations, Mr. Parry and Mr. Gerwitz were
appointed by acclamation, with all members present.
LANDMARKS
COMMISSION
Landmarks Commission - 3 vacancies for terms ending 6/30/06; 1
vacancy for term ending 6/30/04.
Councilmember O'Connor nominated Roger Genser as the Local Historian
member~ Ruthann Lehrer as an Architectural Historian member and Robert
Posek as general member. There being no other nominations, the three
nominations were approved by acclamation, with all members present.
On order~ofthe Mayor, the remaining vacancy was continued to the meeting
of August 13, 2002.
LIBRARY BOARD
Library Board - 2 vacancies for terms ending 6/30/06.
COWlCijrnember Broom nominated incumbents Kenneth Breisch and Gene
Oppenheim. There being no other,nominations, the incumbents were
appointed by acclamation, with all members present.
12
June 25,2002
PERSONNEL BOARD
PLANNING
COMMISSION
RECREATION AND
PARKS
SOCIAL SERVICES
BUILDING & SAFETY
PUBLIC INPUT:
Personnel Board - 1 vacancy for term ending 6/30/07, and 1 vacancy for
a term ending 6/30/04.
Motion by Councilmember Katz to reappoint Irma Vareas to a third term
ending 6/30/07. by a maiority of Council. as allowed by Council policy.
There being no other nominations, the motion was approved by acclamation,
with all members present.
On order of the Mayor, the remaining vacancy was continued to the meeting
of August 13, 2002.
Planning Commission - 1 vacancy for a term ending 6/30/06.
Mayor Pro Tern McKeown nominated incumbent Jay Johnson. There
being no other nominations, the incumbent was appointed by acclamation
with all members present.
Recreation & Parks Commission 2 vacancies for terms ending 6/30/06.
Councilmember Bloom nominated incumbents Susan Cloke and Jennifer
Wolch. There being no other nominations, the incumbents were appointed
by acclamation, with all members present.
Social Services Commission - 2 vacancies for terms ending 6/30/06.
Motion by Mayor Feinstein to reappoint Karen Gunn. There being no other
nominations, the incumbent was appointed by acclamation, with all members
present.
On order ofthe Mayor, the second vacancy was continued to the meeting of
August 13, 2002.
13-B: Appointment to one 2001 annual vacancy on the Building &
Safety Commission for a term ending June 30,2005. (Continued from
May 14,2002.)
On order ofthe Mayor, this matter was continued to the meeting of August
13,2002, with direction to staff to conduct additional outreach for
applicants.
Members of the public Pro Se, Brian Hutchings, and Art Casillas addressed
Council on various municipal issues.
3
June 25, 2002
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:05
a.m. to July 9,2002, in memory of John (Jack) G. Hinds, Jr.
ATTEST:
~~.~~
"
'\
Maria M. Stewart
City Clerk
APPRO~D:, /
~ /;,.,
v~~~---
Michael Feinstein
. Mayor
14
June 25, 2002