M-1/27/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 27, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55
p.m., on Tuesday, January 27,2004, at City Council Chambers, 1685 Main Street.
Roll Call
Present
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein (arrived at 6:04 p.m.)
Councilmember Ken Genser
CouncilmemberRobert T. Holbrook (arrived at 7:15 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:15 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 5:55 p.m., with
Councilmembers Feinstein, Holbrook, and O'Connor absent. Director of
the Big Blue Bus Transportation Department Stephanie Negriffled the
assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Joey Fullmer expressed various concerns. Member of
the public Chuck A110rd spoke in support ofItem l-E.
At the request of Council member Katz, Item I-A was removed from the
Consent Calendar until such a time as five or more Councilmembers are
present.
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to approve all items on the Consent Calendar as presented except Item I-A,
reading resolutions and ordinances by title only and waiving further reading
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January 27,2004
1520 16th STREET
BUS PARTS
BIG BLUE BUS
SERVICES
SECTION 8
PIER
IMPROVEMENTS
SB 108
l\'IOUNTAIN VIEW
MOBILE HOME PARK
thereof The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
None
Councilmembers O'Connor, Holbrook, Feinstein
NOES:
ABSENT:
1-B: Adopted Resolution No. 9922 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP
NO. 53408 FOR CONDOMINIUM PROJECT AT 1520 16lli STREET,"
was adopted
1-C: Purchase of bus replacement parts - recommendation to reject all
other bids and award Bid No. 2871 to NABI, at specified unit prices, to
furnish and deliver replacement parts for transit coaches for the Big Blue
Bus, was approved.
I-D: Big Blue Bus services to ASI-certified passengers -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8315 (CCS), Memorandum of Understanding with Access
Services Inc. (ASI), to allow fares for ASI-certified passengers and their
personal care attendants who ride the Big Blue Bus to be paid directly by
ASI, was approved.
1-E: Section 8 Program Compliance - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8316 (CCS), with
Compliance Solutions, in the amount of $56,300, to provide various housing
programs compliance related services, was approved.
1-F: l\'Iunicipal Pier Structural Improvements Project-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8317 (CCS), with Moffatt & Nichol, in the amount of
$400,000, for engineering services for the structural improvements to the
Municipal Pier, was approved.
1-G: Approved recommendation to support State Senate Biil108
(Romero) creating the Alcohol Related Emergency Services
Reimbursement Act.
I-H: Infrastructure Improvements and continued operations at
Mountain View Mobile Home Park - recommendation to authorize the
City Manager to negotiate and execute Contract No 8318 (CCS), with
Nancy Lewis Associates, Inc., in the amount of $79, 500, and Contract No.
January 27,2004
Council member Feinstein
arrived at 6:04 p.m.
CLOSED SESSIONS
Counci/member 0 'Connor
arrived at 6:15 p.m.
212 MARINE STREET
Council member Katz
was excused at 6:57 p.m.
CLOSED SESSIONS
Coullcilmembel' Katz
returned at 6:59 p.m.
8319 (CCS), with Mecley Myers and Associates, in the amount of $88,500,
to provide development and relocation consulting services, respectively; and
authorize the City Manager or her designee to carry out necessary and
appropriate tasks for the planning of infrastructure improvements and
continued operations at the Mobile Home Park, was approved.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed at
6:04 p.m., to consider closed sessions and reconvened at 6:55 p.m., with
Councilmember Holbrook absent.
On order of the Mayor, the City Council returned to the consideration of
Item I-A.
Counci1member Katz advised he was recusing himself due to a conflict of
interest with this matter.
I-A: Resolution No. 9921 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
53565 FOR CONDOMINIUM PROJECT AT 212 MARINE STREET,"
was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to adopt the resolution, reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Genser, Feinstein, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
On order of the Mayor, the City Attorney reported the following action
taken on closed sessions:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Santa
Monica Food Not Bombs v. City of Santa Monica, District Court Case
No. CV 03-0032 R (JTLx) (Appeal No. 03-56623).
ACTION
Heard. No reportable action taken.
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January 27,2004
2-C: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION
Not heard
2-D: Conference with Legal Counsel- Existing Litigation: Paul
Macy v. City of Santa Monica, Case No. SC 076 002.
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to
approve settlement in the amount of $60,000. The motion was approved by
the following vote:
AYES
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
2-E: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Seven.
ACTION
One case heard. No reportable action taken.
INSPIRATION:
Recognition Of Artists \Vho Participated In A School Residency
Program Funded By The California Council On The Arts With
Organizational Assistance By The 18th Street Arts Center.
The Mayor presented commendations to participants in the program.
ORDINANCES: 7-A: Second reading and adoption of interim Ordinance No. 2112
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
PUBLIC RIGHT-OF- OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL
WAY; VESTIBULE USES INTERIM ORDINANCE AUTHORIZING THE PLACEMENT OF
FURNITURE, PORTABLE LANDSCAPING, AND CIGARETTE
DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY
AND THE DISPLAY OF MERCHANDISE IN PRIVATE
VESTIBULES", was presented.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to adopt ordinance, reading by title only and waiving further
4
January 27, 2004
reading thereof. The motion was approved by the following vote:
AYES
NOES:
ABSENT'
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook:
BOOTLEGGED UNITS 7-B: Second reading and adoption of an interim Ordinance No. 2113
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL
INTERIM ORDINANCE WAIVING CERTAIN DEVELOPMENT
STANDARDS FOR RENTAL UNITS WInCH WERE BUILT OR
CREATED WITHOUT PERMITS AND REGISTERED WITH THE
RENT CONTROL BOARD PRIOR TO APRIL 22,2003", was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES
NOES:
ABSENT:
Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
7-C: Second reading and adoption of an interim Ordinance No. 2114
(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL
INTERIM ORDINANCE CLARIFYING THAT BUSINESS
ESTABLISHMENTS WITH ALCOHOL CUP'S MUST OBTAIN NEW
ALCOHOL CUP'S IF THE ESTABLISHMENT CEASES OPERATING
FOR A PERIOD IN EXCESS OF ONE YEAR. EXCEPT THAT, FOR
PREMISES IN THE CM DISTRICT, THE TIME PERIOD SHALL BE
SIX MONTHS", was presented.
ALCOHOL CUP'S
Motion by Councilmember Genser. seconded by Mavor Bloom, to adopt
ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
5
January 27, 2004
STAFF ITEMS:
MID-TERM BUDGET
Council member Holbrook
arrived at 7:15 p.m.
8-A: Mid-Term Budget Review - Approved recommendation that the
City Council approve proposed budget changes; that City Council adopt
Resolution No. 9923 (CCS) entitled: " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
COMMUNITY SERVICES PROGRAM SUPERVISOR-SENIOR
SERVICES, COMMUNITY SERVICES SPECIALIST IV-CULTURAL
ARTS, LIABILITY CLAIMS TECHNICIAN, SENIOR
ENVIRONMENTAL ANALYST - HAZARDOUS MATERIAL,
SENIOR ENVIRONMENTAL ANALYST-SUSTAINABLE CITY, AND
SUPPORT SERVICES ASSISTANT"; received public comment and
received the Community Priorities Update, Community Development Block
Grant, Home Investment Partnership Act Programs, and Planning &
Community Development Department work priorities; and provided
direction to staff regarding budget preparation, was presented.
The following members of the public spoke on various issues
Tricia Crane, John Petz, Donna Block, David Cole, and Frank Schwengel
spoke in support offunding to keep and add, if possible, open spaces. Joey
Fullmer expressed various concerns.
Sam Genensky and Christopher Arroyo spoke in support of funding for the
Disability Commission. David Benedict and Sheila Wells spoke in support
of funding for the Symphony Orchestra. Louise Gabriel spoke in support of
funding for the Historical Society.
Lauralee Asch and Shane Talbot spoke in opposition to additional ongoing
funding for the School District. Ellen Khokha, Gleam Davis and April
Wright spoke in support of funding for child care. Sonya Sultan, Edith
Mendez, Katy Ersken, Rita Lowenthal, Jose Monjaras, Maria Avilez, and
Oscar Esgenio spoke in support of a Living Wage ordinance.
The following members of the public spoke in support of funding for youth,
arts and school: Art Casillas, Mike Gruning, Wes Terry, Keith Mason, Jan
Williamson, Greg Spots, Denny Zane, Jerry Rubin, Ralph Mechur, Bill
Broesamle, Jose Escarce, John Deasy, Maria Rodriguez, Louise Jaffe, Rick
Gates, Bob Kronovet, Kelly Hayes-Raitt, Judy Abdo, Maria Loya, Irma
Carranza, Yolanda de Cordova, Oscar de la Torre, and Mariza Bravo.
Darlene Evans and Nat Trives spoke in support of funding for the Martin
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January 27, 2004
Luther King Holiday. Craig Jones, Chris Antzoulatos and Tim Ball spoke in
support of additional funding, including higher fees, for Planning and
Building services. Tom Larmore spoke in support of creating a committee
to address the living wage issue.
Discussion ensued regarding the topics raised by members of the public, the
status of the City's and the State's finances, programs for residents and
capital improvement projects and Council's priorities given the projected
budget for the next fiscal year.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to approve the budget changes, as proposed. The motion was approved by
the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
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 O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to direct staff to explore revenue enhancements including but not limited to
the transient occupancy tax, transportation impact fees, property transfer
tax; explore feasibility of a comprehensive land use and element revision;
explore raising fees for planning functions, as proposed by some members of
the public, tied in with evaluation of cyclical nature of built in booms and
busts; and look at possibility of boards and commissions having less formal
meetings and encouraging individual members to interact with the
community and promote public awareness of municipal issues. The motion
was approved by the following vote:
AYES
NOES:
ABSENT
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
7
January 27, 2004
Mayor Pro Tem McKeown
was excused at 11:41 p.m.
Council member Holbrook
was excused at 12:36 a.m.
Mayor Pro Tem McKeown
returned at 12:39 a.m.
Mayor Pro Tern McKeown requested to be recused from the discussion
regarding school funding due to a conflict of interest because of his
employment relationship with the School District.
Motion by Mayor Bloom. seconded by Councilmember Feinstein, that as to
school funding, the City's goal is to maintain the current basic level of on-
going funding, and continue to seek methods for long-term fi.ulding while at
the same time find a new revenue source to support an additional on-going
amount, and if that is not possible, to find a one-time resource in order to
maintain the current on-going and one-time funding.
Discussion ensued regarding the merits of the motion. Councilmember
Genser offered an alternate motion.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
maintain the $5.25 million funding, direct staff to work towards determining
methods to have it come from an on-going revenue stream, and if possible,
enhance the $5.25 million.
Mayor Bloom withdrew his motion.
Additional discussion ensued on the alternate motion.
Substitute motion bv Mayor Bloom. seconded by Councilmember Katz, to
maintain the current funding of $3.0 million; to respond to the requests of
the community to maintain or increase one-time funding, or on-going
funding including trade-offs; and continue to explore prior Council direction
regarding enhanced funding and the development of new on-going revenue
sources. The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Bloom
None
Councilmember McKeown
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to approve budget issues that needed to be done in the short term, including:
exploring parking, options regarding playgrounds, providing assistance to
the Historical Society, and enhancing inspection activities either through
contract or permanent employees. The motion was approved by voice vote
8
January 27, 2004
REPORTS OF BOARDS
AND COMMISSIONS:
DISABILITIES
COMMISSION
Council member Katz was
excused at 12:40 p.m.
PLANNING
COMMISSION
WRITTEN
COMMUNICATIONS:
LIVING WAGE
with Mayor Pro Tern McKeown abstaining, and Councilmember Holbrook
absent.
10-A: Approved request from the Disabilities Commission that the
City Council approve it's request to undertake advocacy efforts
directed to county, regional and state officials to provide funding to
continue health and human services impacting people with disabilities.
The matter was presented by Disabilities Commission Member Christopher
Arroyo. There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to approve request to be channeled through the City Council
Discussion ensued on the logistics of the request, the entities involved and
the services affected.
The main motion was withdrawn by the maker and the seconder
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to approve the request, provided it is channeled through the City
Manager's office. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Holbrook
NOES:
ABSENT:
IO-B: Recommendation from the Planning Commission that Council
consider an update to the City's traffic analysis methodology and
technology as part of the Circulation Element review.
On order of the Mayor, this matter was continued to February 10,2004
12-A: Request of Vivian Rothstein to address City Council requesting
that Council direct staff to estimate costs and draft a living wage
ordinance covering employees of the City of Santa Monica and
companies doing business with the City, was presented by Ms. Rothstein.
Member of the public Ana Jara spoke in support of the request
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve the request. The motion was unanimously approved by voice
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January 27, 2004
COUNCIL ITEMS:
STATUS OF WOMEN
SENIOR COMMUNITY
COMMISSION
PERSONNEL BOARD
ADJOURNMENT:
vote, with Councilmembers Katz and Holbrook absent
13-A: Appointment Elizabeth Riel to one special vacancy on the
Commission on the Status of Women for a term ending June 30,2007.
On order of the Mayor, the floor was opened for nominations.
Councilmember Feinstein nominated Elizabeth Riel. There being no other
nominations, Ms. Riel was appointed by acclamation, with Councilmembers
Katz and Holbrook absent.
13-B: Appointment to one 2002 annual vacancy on the Commission
for the Senior Community for a term ending June 30, 2006.
On order of the Mayor, this matter was continued to February 10,2004.
13-C: Appointment to one annual vacancy on the Personnel Board for
a term ending June 30, 2008, and one special vacancy for a term ending
June 30, 2006.
On order of the Mayor, this matter was continued to February 10, 2004
13-D: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to February 10,2004
On order of the Mayor, the City Council meeting was adjourned at 1:05 a.m.
to February 10, 2004, in memory of Pearl White.
ATTEST.
APPROVED
~...._'~.~
~QI
Richard Bloom
Mayor
Maria M. Stewart
City Clerk
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January 27, 2004