CITY COUNCIL CITY OF WEST HOLLYWOOD MINUTES MONDAY, AUGUST 17, 2009 WEST HOLLYWOOD PARK 647 N. SAN VICENTE BOULEVARD CALL TO ORDER: Mayor Land called the meeting to order at 6:30 P.M. PLEDGE OF ALLEGIANCE: Gary Augeri led the pledge. ROLL CALL: PRESENT: Councilmember Horvath, Councilmember Prang, Mayor Pro Tempore Heilman, and Mayor Land. ABSENT: Councilmember Duran. ALSO PRESENT: City Manager Arevalo, City Attorney Jenkins, City Clerk West and Assistant City Clerk Schaffer. REPORT OF CLOSED SESSION AGENDA: City Attorney Jenkins reported that the closed session was called to order at 6:00 P.M. He stated that there were no public speakers. He stated that two (2) Items were added to the agenda; one pertaining to the Norwich Community Garden advising Council that the owners have decided to keep the existing lease; and one regarding Save Tara v. The City of West Hollywood, informing Council that the California Supreme Court has declined to review a previous decision in the case, which had been decided in favor of the City. He stated that the closed session adjourned at 6:20 P.M with no reportable action taken. APPROVAL OF AGENDA: Councilmember Horvath requested that Items 5.A., 6.A., and 6.B. be moved to the Consent Calendar as Items 2.Y., 2.Z., and 2.AA. Mayor Pro Tempore Heilman requested that staff correct a typographical error in the Resolution for Item 2.Q. Mayor Land 4.B. requested that Item 4.B. be moved to the Consent Calendar as Item 2.X. Motion by Councilmember Prang, seconded by Mayor Pro Tempore Heilman to approve the August 17, 2009 agenda as amended, and approved with Councilmember Duran being absent. ADJOURNMENT MOTIONS: Councilmember Prang requested that the meeting be adjourned in memory of Ernst Katz, founder of the California Junior Philharmonic Orchestra. He requested that the meeting be adjourned in memory of Jacques Teyssier, the life partner of openly-gay City Council Minutes Monday, August 17, 2009 Page 2 Green Member of German Bundestag, Volker Beck. He requested that the meeting be adjourned in memory of Ernestina Durazo, the mother of Maria Elena Durazo, the current executive secretary–treasurer of the Los Angeles County Federation of Labor, AFL-CIO. Mayor Land requested that the meeting be adjourned in memory of Eunice Kennedy Shriver. PRESENTATIONS: Councilmember Horvath presented a plaque to outgoing Commissioner Gary Augeri and thanked him for his service on the Public Facilities and Human Services Commissions. Mayor Land and Councilmember Horvath presented a proclamation in recognition of Women’s Equality Day. Mayor Pro Tempore Heilman presented certificates to departing City Council Interns Tami Lin and Peter Indall. Mayor Land presented a proclamation in recognition of the 40th anniversary of the Palms Bar. 1. PUBLIC COMMENT: MARK OLSON, ON BEHALF OF SOUTHERN CALIFORNIA EDISON, spoke regarding Item 2.N. and provided additional clarification of the proposed above-ground equipment. CURT SHEPPARD, BEVERLY HILLS, spoke in support of Item 2.R. LOUANNE GREENWALD, LOS ANGELES, spoke regarding the West Hollywood Library Fund and gave an update on fund raising efforts to build the new library. HILLARY SELVIN, LOS ANGELES, thanked the City Council and the Human Services Division of the City for working with social services and non-profit agencies to provide assistance to them during the current economy. AVA ROSE, VENICE, thanked the City Council and the Human Services Division of the City for working with social services and non-profit agencies to provide assistance to them during the current economy. STEVE PARGAMANIK, WEST HOLLYWOOD, spoke in support of Item 2.W., and spoke regarding homeless issues at Plummer Park in the City. KATHLENE HEYMAN, WEST HOLLYWOOD, spoke in opposition to Item 3.B. HEATHER BUTLER, WEST HOLLYWOOD, spoke in opposition to Item 3.B. City Council Minutes Monday, August 17, 2009 Page 3 RABBI YOSEF CUNINI, WEST HOLLYWOOD, spoke in support of Item 3.B. COUNCILMEMBER COMMENTS: Councilmember Horvath announced that Senator Barbara Boxer will now be supporting the Silver Alert Bill in the U.S. Senate. She introduced a recent recipient of the West Hollywood Scholarship program who will be working in her office. She spoke regarding the recent opening of the Formosa Park. She congratulated everyone who participated in National Night Out, and thanked City staff and the Neighborhood Watch Captains for organizing the events. She congratulated Mayor Land on being a recent guest speaker at the NWPC Conference. She announced that Councilmember Prang will be honored by the Stonewall Young Democrats with a Mentorship Award. Councilmember Prang spoke regarding the recent opening of Formosa Park. He congratulated everyone who participated in National Night Out, and thanked City staff and the Neighborhood Watch Captains for organizing the events. He spoke regarding the improvements made at a building located at the corner of Doheny and Santa Monica Boulevard. He spoke regarding Item 2.N. and spoke in support of the City’s position. He spoke regarding public comments surrounding homeless issues at Plummer Park and requested City staff to investigate. He requested staff to report back to Council regarding a previous budget Item which contained proposed funding cuts to the Sheriff’s budget. Mayor Pro Tempore Heilman spoke regarding the upcoming Annual Book Fair in the City. He spoke regarding Item 2.U. and provided additional clarification of the Item. Mayor Land congratulated Assistant City Clerk Corey Schaffer on his recent designation of Certified Municipal Clerk. She spoke regarding the success of the new West Hollywood Insiders incentive program to promote West Hollywood businesses. She spoke regarding the recent opening of the Formosa Park. She congratulated everyone who participated in National Night Out, and thanked City staff and the Neighborhood Watch Captains for organizing the events. She spoke regarding an upcoming Home Ownership Seminar being held in the City. She spoke regarding the upcoming Disabilities Awards and stated that nominations are currently being accepted. She spoke regarding public comments surrounding homeless issues at Plummer Park and requested City staff to investigate. CITY MANAGER’S REPORT: City Manager Arevalo spoke regarding a previous budget Item concerning proposed funding cuts to the Sheriff’s budget, and provided further clarification of efforts the City is making to find alternative sources of funding. He stated that his office will return to Council with a comprehensive plan. FISCAL IMPACT ON CONSENT CALENDAR: City Council Minutes Monday, August 17, 2009 Page 4 City Clerk West stated that the fiscal impact on the Consent Calendar is $281,700 in expenditures and $0.00 in potential revenue. 2. CONSENT CALENDAR: ACTION: Approve the Consent Calendar as amended, 2.A.,B.,C.,D.,E.,F.,G.,H.,I.,J.,K.,L.,M.,N.,O.,P.,Q.,R.,S.,T.,U.,V.,W.,X.,Y.,Z.,AA. Motion by Councilmember Prang, seconded by Mayor Pro Tempore Heilman and approved with Councilmember Duran being absent. 2.A. POSTING OF AGENDA: The agenda for the meeting of Monday, August 17, 2009 was posted at City Hall, Plummer Park, the Sheriff’s Station and at the West Hollywood Library on Thursday, August 13, 2009. ACTION: Receive and file. Approved as part of the Consent Calendar. 2.B. CORRECTION AND APPROVAL OF CITY COUNCIL MINUTES: The City Council will consider approval of amended versions of the minutes from the meetings of July 13, 2009 and August 3, 2009. ACTION: Approve the minutes of July 13, 2009 and August 3, 2009. Approved as part of the Consent Calendar. 2.C. DEMAND REGISTER NO. 632, RESOLUTION NO. 09-3879: The City Council is requested to approve payment of bills due as presented by the Director of Finance. ACTION: Approve Demand Register No. 632 and adopt Resolution No. 09-3879, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD ALLOWING AND APPROVING THE PAYMENT OF DEMANDS ON DEMAND REGISTER NO. 632.” Approved as part of the Consent Calendar. 2.D. TREASURER’S REPORT FOR JUNE 2009: The City Council will receive the Treasurer’s Report for the month ended June 2009 pursuant to Section 53646 of the Government Code of the State of California. ACTION: Receive and file. Approved as part of the Consent Calendar. 2.E. ORDINANCE NO. 09-824 (2ND READING), AMENDING CHAPTER 5.72 (MASSAGE PARLORS AND TECHNICIANS) OF THE MUNICIPAL CODE [T. WEST, C. SCHAFFER]: The City Council will waive further reading and adopt Ordinance No. 09- 824, a proposed ordinance amending Chapter 5.72 (Massage Parlors and Technicians) of the West Hollywood Municipal Code. ACTION: Waive further reading and adopt Ordinance No. 09-824, “AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD AMENDING CHAPTER 5.72 (MASSAGE PARLORS AND TECHNICIANS) OF THE City Council Minutes Monday, August 17, 2009 Page 5 WEST HOLLYWOOD MUNICIPAL CODE.” Approved as part of the Consent Calendar. 2.F. ORDINANCE NO. 09-825 (2ND READING), REGARDING REMEDIAL PROCEDURES IN THE TRANSIENT OCCUPANCY TAX ORDINANCE [T. WEST, C. SCHAFFER]: The City Council will waive further reading and adopt Ordinance No. 09- 825, a proposed ordinance regarding remedial procedures in the Transient Occupancy Tax Ordinance and amending Chapter 3.32 of the West Hollywood Municipal Code. ACTION: Waive further reading and adopt Ordinance No. 09-825, “AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD REGARDING REMEDIAL PROCEDURES IN THE TRANSIENT OCCUPANCY TAX ORDINANCE AND AMENDING CHAPTER 3.32 OF THE WEST HOLLYWOOD MUNICIPAL CODE.” Approved as part of the Consent Calendar. 2.G. COMMISSION AND ADVISORY BOARD ACTION REPORTS: The City Council will receive reports from the Arts and Cultural Affairs Commission on actions taken at their recent meetings. ACTION: Receive and file. Approved as part of the Consent Calendar. 2.H.