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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