CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 25, 2002
A regular meeting of the 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 Tem 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
CONVENE/PLEDGE
On order of the 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.
EMERGENCY ITEM ADDED TO AGENDA
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 of the agenda and that requires action before the next regularly scheduled meeting.
Motion by Mayor Feinstein, seconded by 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.
CONSENT CALENDAR:
Councilmember O'Connor arrived at 5:55 p.m.
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.
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 Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Holbrook
CURB RAMPS
1-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.
RECYCLING/DISPOSAL SERVICES
1-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.
BAYSAVER RETROFIT PROGRAM1-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.
PARKING ENFORCE-MENT SCOOTERS
1-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.
DEVELOPMENT/PUBLIC ART ANALYSIS
1-E: Analyses of relationships between new development and impact 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.
LIQUIFIED NATURAL GAS
1-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.
STORM DRAINS
1-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.
CLOSED SESSIONS:
Councilmember Holbrook arrived at 6:51 p.m.
On order of the 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 064 466.
ACTION: Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell, Case No. 01CC04331.
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: David Levy, et al. v. City of Santa Monica, Case No. B 157587.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel - Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. BC 271 062.
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 065 985.
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-I: Conference with Legal Counsel - Anticipated Litigation:
Number of cases: Four.
ACTION: One case heard. No reportable action taken.
EMERGENCY ITEM ADDED:
2-J: Conference with Legal Counsel - Anticipated Litigation:
Number of cases: One case.
Motion by 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.
ORDINANCES:
CAMPAIGN CONTRIBUTIONS
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 Tem 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:
AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
STREET PERFORMERS
7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE PROVISIONS 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 of the 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 of the 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 Tem 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 of the "stars" advisory, not mandatory. The motion failed by the following vote:
AYES: Councilmember O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmembers Katz, Genser, Bloom, Holbrook
ABSENT: None
Motion to amend by Mayor Pro Tem McKeown, 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: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown
NOES: Mayor Feinstein
ABSENT: 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: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown and Mayor Feinstein
NOES: None
ABSENT: None
Motion by Mayor Feinstein, seconded by Councilmember Katz, to direct staff to research the need, cost, and feasibility of incorporating an I.D. photo of the performer on the permit. The motion was unanimously approved by voice vote, with all members present.
"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 FAMILY 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 Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
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 ANALYSIS OF EACH MEASURE," was presented.
Members of the public Joey Fullmer, Paul DeSantis, and Brian Hutchings addressed Council regarding the recommendation.
Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt the resolution, reading by title only and waiving further reading thereof, amending the question on VERITAS 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 VERITAS 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 Tem
McKeown, Mayor Feinstein
Argument Against: Councilmembers Katz, Holbrook.
The motion was adopted by the following vote:
AYES: Councilmembers Katz, Genser, Bloom, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
NOES: Councilmember Holbrook
ABSENT: None
Councilmember Holbrook stated that he voted against because he has reservations that the public will be confused and interpret the VERITAS 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 of the resolution and suggested alternative language.
Motion by Mayor Pro Tem 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?
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
WRITTEN COMMUNICATIONS:
1319 PCH - VARIANCE
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 of the Mayor, the information was received and filed.
COUNCIL ITEMS:
13-A: Annual and special vacancy appointments to the following boards and commissions:
AIRPORT COMMISSION
Airport Commission - 1 vacancy for a term ending 6/30/06
On order of the Mayor, this appointment was continued to July 9, 2002.
ARB
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
Arts Commission - 2 vacancy for terms ending 6/30/06, and 1 vacancy for a term ending 6/30/04.
Mayor Pro Tem 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 Tem 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 Tem 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.
BAYSIDE DISTRICT
Bayside District Corporation - 4 vacancies
Mayor Feinstein nomination Patricia Hoffman.
There being no other nominations, Ms. Hoffman was appointed by acclamation, with all members present.
Mayor Feinstein nominated David Martin. Councilmember Genser nominated Merlyn 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 Tem 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 Tem 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 Tem McKeown, Mayor Feinstein
Merlyn Ruddell: Councilmembers O'Connor, Holbrook
OLDER AMERICANS
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 Kauffman.
There being no other nominations, the incumbents were reappointed by acclamation.
At the request of Councilmember Bloom, and on order of the Mayor, the remaining vacancies were continued to the meeting of August 13, 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 Tem 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 of the 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.
Mayor Pro Tem nominated incumbents Kenneth Breisch and Gene Oppenheim.
There being no other nominations, the incumbents were appointed by acclamation, with all members present.
PERSONNEL BOARD
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 Vargas to a third term ending 6/30/07, by a majority 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
Planning Commission - 1 vacancy for a term ending 6/30/06.
Mayor Pro Tem nominated incumbent Jay Johnson.
There being no other nominations, the incumbent was appointed by acclamation, with all members present.
RECREATION AND PARKS
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
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 of the Mayor, the second vacancy was continued to the meeting of August 13, 2002.
BUILDING & SAFETY
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 of the Mayor, this matter was continued to the meeting of August 13, 2002, with direction to staff to conduct additional outreach for applicants.
PUBLIC INPUT:
Members of the public Pro Se, Brian Hutchings, and Art Casillas addressed Council on various municipal issues.
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.
APPROVED: Michael Feinstein, Mayor
ATTEST: Maria M. Stewart, City Clerk