CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 23, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.m., on Tuesday, October 23, 2001, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Michael Feinstein
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:10 p.m.)
Councilmember Herb Katz (arrived at 6:00 p.m.)
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Holbrook and Katz absent. Councilmember Genser led the assemblage in the Pledge of Allegiance.
The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.
Motion by Councilmember Genser, 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 Genser, McKeown, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Katz, Holbrook
1-A: The minutes of August 14, September 11, and September 25, City Council meetings were approved as submitted.
1-B: Resolution No. 9709 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.
1-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8022 (CCS) with Rincon Consultants, Inc., in an amount not to exceed $153,500, for preparation of an EIR/EA for the proposed Santa Monica Pier Access Improvement Project, was approved.
1-D: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8023 (CCS) with Alfa 26 Construction, in the amount of $269,000, for an addition of a trailer office at Clover Park, was approved.
1-E: Resolution No. 9710 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR PERMANENT CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY SINCE SEPTEMBER 14, 2001," was adopted.
1-F: Resolution No. 9711 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING SUBMITTAL OF APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $175,000 FOR IMPROVEMENTS TO THE SANTA MONICA CAROUSEL BUILDING AND RESTORATION OF THE CAROUSEL AND BAND ORGAN," was adopted.
Councilmember Katz arrived at 6:00 p.m.
On order of the Mayor, the City Council recessed at 5:55 p.m., to discuss closed sessions. Action taken on closed sessions was reported at the end of the meeting.
On order of the Mayor, the City Council reconvened at 6:45 p.m., with Councilmember Holbrook absent.
4-A: Mayor Feinstein issued a commendation to the Santa Monica Little League.
4-B: Recognition of Finance Department Staff for receiving the Government Finance Officers Association Award and the California Society of Municipal Finance Officers Award for excellence in financial reporting. The City Council recognized Finance department Staff for excellence in financial reporting.
Councilmember Holbrook arrived at 7:10 p.m.
7-A: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE SECTIONS GOVERNING STREET PERFORMANCE AND VENDING, INCLUDING SECTIONS ON SPACING, UMBRELLAS, HENNA TATTOOING, ROTATION AND PENALTIES," was presented.
The following members of the public expressed various concerns and made suggestions for amendments to different areas of the proposed ordinance: Joe Natoli, Roy Mayhew, Steele Smith, James Brown-Orleans, Brett Carr, Miguel Mendoza, Glinda Powell, Jerry Rubin, Ned Landin, Virginia Palmer, Ellen Brennan, Arthur Harris, Linda Sullivan, Reina Alvarez, and Jan Palchikoff.
Motion by Mayor Pro Tem Bloom, seconded by Michael Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amended to delete the proposed 4:00 p.m. rotation, and to remove the henna exemption.
Substitute motion by Councilmember Katz, seconded by Councilmember Holbrook, to hold first reading of the ordinance as proposed and directing staff to report after six months on enforcement efforts and as to whether an increase in rotations is needed. The substitute motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz
NOES: Councilmember McKeown, Mayor Pro Tem Bloom, Mayor Feinstein
ABSENT: None
Mayor Feinstein stated, for the record, that he voted against the motion because it is unnecessarily restrictive and undocumented relative to the banning of henna artists, and pledged to bring this matter back for discussion and action upon the election of a new City Council in November 2002.
Mayor Pro Tem Bloom stated, for the record, that he voted against the motion because henna tattooing will no longer be allowed.
7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE (COMMUNITY EVENTS CODE) RELATING TO PERMIT CRITERIA, PARADE, RACE, AND WALK REQUIREMENTS, AND INDEMNIFICATION PROVISIONS," was presented.
Member of the public Kurt Peterson spoke in opposition of the proposed ordinance. Member of the public Chuck Allord expressed various concerns.
Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 10.04.04.040 AND 10.04.04.050 AND ADDING SECTION 10.04.04.055 RELATING TO AIRPORT REGULATIONS, PURSUANT TO VOTER INITIATIVE PROPOSITION MM AND PUBLIC COMMENT RECEIVED BY THE CITY COUNCIL," was presented.
The public hearing having been closed on October 9, 2001, the Mayor opened the floor for a motion.
Motion by Councilmember McKeown, seconded by Councilmember Genser, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Councilmember Holbrook was excused at 10:15 p.m.
7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.64.030 RELATING TO BURDEN OF PROOF IN MATTERS INVOLVING EMPLOYER RETALIATION AGAINST EMPLOYEES WHO SUPPORT THE ADOPTION OF MINIMUM WAGE AND BENEFITS LAWS," was presented.
The following members of the public spoke in support of the proposed ordinance: Vicente Rosales, Jaime Aguilar, Joaquina Sanchez, Ernesto Landeros, Celia Talavera, Lupe Stevenson, Daniel Carbajal, Rosa Osorto, Edith Garcia, Sonya Sultan, Meghan Lee, Bill Bonner, Tony Vasquez, Judy Branfman, Rick Yapkowitz, Ericka Zucker, Kurt Petersen, and Elena Estrada.
Motion by Councilmember McKeown, seconded by Councilmember Genser, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember Holbrook
Councilmember Holbrook returned at 10:30 p.m.
On order of the Mayor, the special joint meeting was convened at 10:40 p.m., with all members present, and the above matter was combined with item 13-K, as follows:
8-A: Recommendation to adopt Fiscal Year 2000-2001 budget changes, adopt Resolution No. 9712 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFI-CATIONS AND NEW SALARY RATES," and adopt Resolution No. 9713 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW FEES FOR BUSINESS LICENSES," and adopt Resolution No. 9714 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLEANING/DAMAGE FEES FOR COMMUNITY EVENTS ON CITY OWNED PROPERTY," was presented.
Councilmember McKeown was excused at 11:05 p.m.
Councilmember McKeown returned at 11:07 p.m.
13-K: Request of Mayor Feinstein to direct staff to explore ways of communicating to our local residents and community about importance of buying locally during the next several months, including the holiday season for purposes of bolstering the local economy and sustaining City revenues, was presented.
There was no one present for public comment.
Motion by Mayor Feinstein, seconded by Councilmember Katz, to adopt Resolution Nos. 9712, 9713 and 9714 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Councilmember McKeown advised he was recusing himself from voting on any school district related proposals due to a potential conflict of interest.
Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the proposed action related to the school district. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember McKeown
Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the remainder of the proposed budget changes. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the request made by Mayor Feinstein as item 13-K. The motion was approved by voice vote, with all members present.
On order of the Mayor, the Special joint meeting was adjourned, and the City Council recessed at 11:14 p.m., and reconvened at 11:30 p.m.
8-B: Recommendation to authorize the City Manager to negotiate and execute Contract No. 8024 (CCS) with ARB, Inc., in an amount not to exceed $4,100,000, for design-build services for the Civic Center Parking Structure, was presented.
There was no one present for public comment on this matter.
Motion by Councilmember Katz, seconded by Mayor Pro Tem Bloom, to approve recommendation. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
8-C: Lincoln Corridor Task Force Appointments - recommendation to appoint one member of the public to serve on a Citizens' Advisory Committee to the Lincoln Corridor Task Force.
There Being no one present for public comment on this matter, the Mayor opened the floor for nominations.
Councilmember Katz nominated Reva Fabricant.
Mayor Pro Tem Bloom nominated Darryl Clarke. Mr. Clark was appointed by the following vote:
Reva Fabricant: Councilmembers Holbrook, Katz, Mayor Feinstein
Darryl Clark: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tem Bloom
Motion by Councilmember Katz, seconded by Mayor Pro Tem Bloom, to appoint Mr. Clark by acclamation. The motion was unanimously approved by voice vote, with all members present.
8-D: Recommendation to receive information on the potential Fluoridation of City Drinking Water and provide policy direction to City Staff, was presented.
The following members of the public spoke in support of fluoridation: John Petz, Julia Brownley, Jane Jeffries, Cynthia Cottam, Betsy Allbrignt, Maria Rodriguez, Anne Arikian, Jamar Schoessow, David Henmann, Wally Chipman, Nancy Schmidt, Joanne Leavitt, Wendy Laufer, James Meyers, Eleanore Meyer, Larry Goetz, Alyssa Tenenbaum, Rick Gates, Jean Gebman, Phil Trask Marsha Epstein, Al Arizmendez, Cheri Orgel, Louise Jaffe, Tim Collins, and Paul Rosenstein.
The following members of the public spoke in opposition to fluoridation: Mary Booth, Jeff Green, Kea Martin, Nita Cottodas, Sean Milliken, Gale Feldman, Bruce Campbell, Tom Boulger, Thomas Rodgers, Doug Cragoe, Geoff Hartmann, Michael Golan, Jill Freedman, Fay Kessler, Travis Irwin, Bonnie JohnstoneChristina Carter, Emmalie Hodgin, Jerry Rubin, Donald Kidson, Kathy Knight, Nathaniel Wolper, Don Gray, Clifford Stern, Charles Kerschner, Terry Gray, Terry Schiller, Ellen Baker, Paul Borraccia, Hanalea Riskin, Lawrence Teeter, Glen Lingle, Ellen Brennan, Bonnie Ebbs.
Member of the public Arthur Harris suggested the City Council conduct a study on the effects of fluoridation and relevant factors.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Holbrook, to proceed with fluoridation of the City's water supply, including the project and appropriate funding in the fiscal year 2002-2003 capital and operating budgets. The motion was approved by the following vote:
AYES: Councilmembers Katz, O'Connor, Holbrook, Mayor Pro Tem Bloom
NOES: Councilmembers Genser, McKeown, Mayor Feinstein
ABSENT: None
Councilmember McKeown stated, for the record, that he voted in opposition because forced fluoridation impinges on individual choice unacceptably and ignores testimony of valid, personal concerns.
8-E: Proposed Charter Amendments relative to the Santa Monica Rent Control Law - recommendation that Council consider the proposed Charter Amendment, conduct a public hearing, and either revise or approve the proposed Charter Amendment.
On order of the Mayor, this matter was continued to future meeting.
12-A: Request of the Neighborhood Council to address Council requesting that the Zoning Administrator Hearing Times be changed from daytime to evening hours.
On order of the Mayor, this matter was continued to November 13, 2001.
12-B: Request of the Neighborhood Council to address Council requesting new noticing radius on commercial developments.
On order of the Mayor, this matter was continued to November 13, 2001.
12-C: Request of the Neighborhood Council to address Council requesting a Comprehensive review of the City's Community Forest/Tree Master Plan.
On order of the Mayor, this matter was continued to November 13, 2001.
13-A: Appointment to one special vacancy on the Personnel Board for a partial term ending June 30, 2004. (Continued from September 25, 2001.)
On order of the Mayor, this matter was continued to November 13, 2001.
13-B: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005. (Continued from September 11, 2001.)
On order of the Mayor, this matter was continued to November 13, 2001.
13-C: Appointment to one annual vacancy on the Commission on the Status of Women for a term ending June 30, 2005. (Continued from October 9, 2001.)
There being no one present for public comment, the Mayor opened the floor for nominations.
Mayor Feinstein nominated Alesia Cook and Diana Sahagun. The nominees were appointed by acclamation, with all members present.
(Please see minutes of November 13, 2001, for clarification of the multiple appointments to the vacancy.)
13-D: Appointment to one annual vacancy on the Landmarks Commission for a term ending June 30, 2005. (Continued from October 9, 2001.)
There being no one present for public comment, the Mayor opened the floor for nominations.
Councilmember O'Connor nominated Nina Fresco. There being no other nominations, Nina Fresco was appointed by acclamation, with all members present.
13-E: Appointment to one special vacancy on the Arts Commission for a term ending June 30, 2003. (Continued from October 9, 2001.)
There being no one present for public comment, the Mayor opened the floor for nominations.
Councilmember McKeown nominated Donna Sternberg. There being no other nominations, Donna Sternberg was appointed by acclamation, with all members present.
13-F: Request of Mayor Feinstein that Council appoint a representative to the Madison Advisory Group being created by Santa Monica College to promote a broad mix of views and input on the proposed Madison Theater Project.
Member of the public Chuck Allord suggested appointing Councilmember Katz or Mayor Pro Tem Bloom to the Advisory Group.
Mayor Pro Tem Bloom nominated Mayor Feinstein for the appointment. There being no other nominations, Mayor Feinstein was appointed by acclamation.
13-G: Appointment to one special vacancy on the Commission on Older Americans for a partial term ending June 30, 2003.
On order of the Mayor, this matter was continued to November 13, 2001.
13-H: Appointment to one special vacancy on the Social Services Commission for a partial term ending June 30, 2004.
There being no one present for public comment, the Mayor opened the floor for nominations.
Mayor Feinstein nominated Earnestene Cleaver. There being no other nominations, Ms. Cleaver was appointed by acclamation, with all members present.
13-I: Appointment to one special vacancy on the Library Board for a partial term ending June 30, 2002.
There being no one present for public comment, the Mayor opened the floor for nominations.
Councilmember O'Connor nominated Kenneth Breisch. There being no other nominations, Mr. Breisch was appointed by acclamation, with all members present.
13-J: Acceptance of Heather Trim's letter of resignation from the Recreation and Parks Commission, and authorization to the City Clerk to publish the vacancy.
Motion by Mayor Feinstein, seconded by Councilmember Katz, to accept letter of resignation with regrets, and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all members present.
13-L: Request of Mayor Feinstein to direct staff to explore alternatives when studying the recommendations of the Auto Dealers Task Force, including the potential of creating an auto mall and/or auto service area in the area bounded by Colorado Boulevard, Olympic Boulevard, Lincoln Boulevard and 11th Street.
On order of the Mayor, this matter to be heard November 13, 2001.
13-M: Request of Councilmember Katz that the work plan for the sidewalk and Transit Mall east of 5th Street be delayed to allow for reconsideration of widening of the Mall and the sidewalks to 6th Street, was presented.
Discussion ensued. Staff answered questions of Council. After the discussion, it was the consensus to receive and file the information.
13-N: Request of Councilmembers Katz and Holbrook to adopt Resolution No. 9715 (CCS) entitled: "ADOPTION OF A RESOLUTION OF THE CITY OF SANTA MONICA CONVEYING THE CITY'S FULL SUPPORT OF PRESIDENT BUSH AND THE MEN AND WOMEN OF OUR ARMED FORCES ENGAGED IN WAR AGAINST TERRORISM," was presented.
Motion by Councilmember Katz, seconded by Councilmember Holbrook, adopt the resolution, reading by title only and waiving further reading thereof.
Mayor Pro Tem Bloom read into the record alternative language for the resolution as a possible substitute motion. Discussion ensued on the proposal.
Councilmember Katz restated his original motion, and based on Council's discussion, amended the language to delete the reference to President Bush, change the word "war" to "battle" and added at the end of the phrase "based upon the September 11th attack on the United States," with approval of the seconder. The motion, as amended was unanimously approved by voice vote, with all members present.
13-O: Request from Mayor Feinstein to direct staff to explore ways to promote and ensure the right of local workers laid off as a result of the September 11th attacks, to return to their jobs as their respective industries recover from the current economic downturn, and to make recommendations to achieve these ends, was presented with Mayor Feinstein requesting to change the word "right" to read "promote and ensure the ability of local workers . . ."
Members of the public Brian Hutchings and Kurt Petersen spoke in support of the request.
Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve request.
Friendly motion to amend by Councilmember McKeown, to change "ability" to "preferential re-hiring." The motion was not accepted as friendly.
The original motion was approved by voice vote with Councilmembers O'Connor and Katz voting in opposition.
Members of the public Brian Hutchings and Pro Se addressed various concerns.
Councilmember Katz was excused at 2:54 a.m.
The City Attorney reported the following action taken on closed sessions:
2-A: Conference with Legal Counsel - Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899.
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing Litigation: The Observer v. City of Santa Monica, Case No. SC 067 747.
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: Evans v. City of Santa Monica, et al., Case No. SC 058 190.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313004.
ACTION: Not heard.
2-E: Conference with Legal Counsel - Existing Litigation: Southern California Water v. City of Santa Monica, Case No. SC 064 682.
ACTION: Not heard.
2-F: Conference with Legal Counsel - Pending Litigation.
Number of cases: Three.
ACTION: Two cases heard. Action taken on one case, as follows:
Motion by Councilmember O'Connor, seconded by Councilmember Genser, to approve settlement for Mary Mills on property at 1129 Ashland and allow to complete project but deny request for attorney fees. The motion was approved by voice vote with Councilmember Holbrook abstaining, and Councilmember Katz absent.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 3:00 a.m. to October 30, 2001, at 6:30 p.m.
ATTEST:
Maria M. Stewart, City Clerk
APPROVED:
Michael Feinstein, Mayor