M-5/22/2001
CITY OF SANTA MONICA
..
CITY COUNCIL MINUTES
MAY 22,2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:25 p.m., on Tuesday, May 22,2001, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Richard Bloom
Councilmember Ken Genser
Councilmember RoBert T. Holbrook (arrived at 7:05 p.m.)
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:30 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor the City Council convened at 5:25 p.m., with
Councilmembers O'Connor and Holbrook absent. Councilmember
McKeown led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Members of the public Joy Fullmer, Pro Se, and Joe Natoli addressed
various items on the Consent Calendar.
At the request of Mayor Feinstein and Councilmember Katz, item I-A was
removed from the Consent Calendar.
Motion bv Councihnember Genser. seconded bv Councilmember Katz, to
approve all items on the Consent Calendar as presented, except I-A, reading
resolutions and ordinances by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers McKeown, Genser, Katz,
Mayor Pro Tern B.loom, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
1
May 22, 2001
EARTHQUAKE
RESOLUTION
STREET PERFORMERS
LEGISLATION - EARLY
CIDLDHOOD
I-B: Earthquake Recovery Resolution - Resolution No. 9651 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-C: Second reading and adoption of Ordinance No. 2009 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO STREET PERFORMANCE
REGULATIONS," was adopted.
I-D: Resolution to support AB 1539 and SB 308 - Early Childhood
Legislation - recommendation to adopt Resolution No. 9652 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SUPPORTING CALIFORNIA ASSEMBLY BILL 1539 (ABI539) TO
ENSURE A SMOOTH TRANSITION OF A CHILD'S RECORDS FROM
PRESCHOOL TO KINDERGARTEN; AND CALIFORNIA SENATE
BILL 308 (SB308) TO PROVIDE SUFFICIENT FUNDING OF CHILD
CARE TO LOW-INCOME WORKING FAMILIES BY JANUARY 1,
2006," was adopted.
SEWER REPLACEMENT l-E: Lincoln Boulevard Sewer Replacement Project - recommendation
to authorize the City Manager to negotiate and execute professional services
Contract No 7931 (CCS) with Tetra Tech, Inc., in the amount of$98,671,for
investigation, mapping, and sewer design services for the Lincoln Boulevard
Sewer Replacement Project, was approved.
OLYMPIC DRIVE
EXTENSION
808 WILSHIRE
I-F: Resolution for MOD with Metropolitan Transportation Authority
(MT A) to establish Capital Reserve Account for Olympic Drive Extension
Proj~~t - recommendation to adopt Resolution No. 9653 (CCS) entitled: "A
RESDLUTION OF THE CIty OF SANTA MONICA AUTHORIZING THE
CITY MANAGER OR HER DESIGNEE TO NEGOTIATE AND EXECUTE
A MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES
COUNTY MT A TO ESTABLISH A CAPITAL RESERVE ACCOUNT FOR
THE OL YMPIC DRIVE EXTENSION PROJECT," was adopted.
I-G: Statement of Official Action for property located at 808 Wilshire
Boulevard - recommendation to approve Statement of Official Action for
appeal of Planning Commission decision on the Property located at 808
Wilshire Blvd, was approved.
2
May 22, 2001
PEDESTRIAN/CROSS- I-H: Contract for Pedestrian and Crosswalk Improvements on Montan~T"
WALK IMPROVEMENTS Avenue, Ocean Avenue, Neilson Way and Barnard Way -recommendation
to authorize the City Manager to negotiate and execute Contract No. 7932
(CCS) to with Terra-Ca!, in the amount of$2,355,288, for the construction of
Pedestrian and Crosswalk Improvements, Phase 1 (b), was approved.
INTERNSIDP
OPPORTUNITIES
LONG DISTANCE
SERVICE
MINUTES
CLOSED SESSIONS:
Councilmember 0 'Connor
arrived at 6:30 p.m.
1-1: Agreement with EI Camino Community College for internship
opportunities for Fire Department employees - recommendation to
authorize the City Manager to negotiate and execute Agreement No. 7933
(CCS) with EI Camino Community College District to allow the Fire
Department to continue providing internship opportunities for Fire Department
personnel enrolled in the paramedic training program, was approved.
I-J: Contract for local and long distance City telephone services _
recommendation to authorize the City Manager to negotiate and execute two-
year Agreement No. 7934 (CCS) with Verizon, in an amount not to exceed
$100,000 per year, for trunking oflocal and long distance telephone service for
the City, was approved.
Councilmember Katz advised he was abstaining from approving the minutes
because he was not present for the meetings.
Mayor Feinstein requested additional time to review March 27th minutes t(
confirm a previous correction.
I-A: Approval of minutes of March 6, 20, and 27, 2001, City Council
meetings.
Motion bv Councilmember Genser. seconded by Mayor Pro Tern Bloom, to
approve the minutes as submitted, except the March 27th minutes which will be
continued to June 12, 2001. The motion was approved by voice vote with
Councilmember Katz abstaining, and Councilmembers O'Connor and Holbrook
absent.
On order of the Mayor, the City Council recessed at 5:44 p.m, to hear closed
sessions and returned at 6:55 p.m., with Councilmember Holbrook absent, to
report the following actions:
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Municipal Employees Association (MEA)
ACTION:
Heard. No reportable action taken,
3
May 22, 2001
-
2-B: Conference with Legal Counsel- Existing Litigation: Foodmaker.
Inc.. v. City of Santa Monica, Case No. SS 007-078.
ACTION
Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: U-Haul
Company. et al.. v. City of Santa Monica, Case No. CV 00-10225 NM
(RZx).
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Henrv Walther, Case No. SC 043-522.
ACTION:
Not heard.
Claim No. CSM 01-526 against the City of Santa Monica.
Claimant: Edna Bishop.
ACTION:
Not heard.
Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Two.
ACTION:
Two cases heard. No reportable action taken.
ORDINANCES:
7-A: Second reading and adoption of Ordinance No. 2010 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 6.72.180 OF THE SANTA MONICA
MUNICIPAL CODE TO AUTHORIZE TEMPORARY UTILITY USER
REBATES DUE TO EXTRAORDINARY INCREASES IN UTILITY
COSTS," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
NOES:
ABSENT:
Councilmembers Katz, Genser, McKeown, O'Connor, Mayor
Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
4
May 22. 2001
LIVING WAGE
ORDINANCE
Councilmember Holbrook
arrived at 6:55 p.m.
RECESS
7-B: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
CHAPTER 4.65 TO THE SANTA MONICA MUNICIPAL CODE
CREATING MINIMUM WAGE REQUIREMENTS APPLICABLE TO
CERTAIN BUSINESSES LOCATED IN THE COASTAL WNE AND
EXTENDED DOWNTOWN CORE AND TO CITY SERVICE
CONTRACTS," was presented.
The following members of the public spoke in support of the proposed
ordinance: Rabbi Neil Comess-Daniels, Kelly Hays-Raitt, Dolores Press, Art
Turney, Sandie Richards, Brian Samuel, Daniel Carbajal, Kathy Sheldon, Bruria
Finkel, Julie Lopez-Dad, Doug Appel, Vivian Rothstein, Abby Arnold, David
Petit, Madeline Janis Aparicio, Steve Dry, Elba Hernandez, Roxanne Aver,
Theresa Bonpane, Erika Zucher, Bill Bronner, Father Mike Gutierrez, Patricia
Hoffinan, Manny Lares, Miriam Goldsmith, Phil Hendricks, Ken Mason, Oscar
DeLa Torre, Todd Flora, Sonia Sulton, Sylvia Shniad, Jerome Schnitzer,
DennisZane, Bonnie Johnstone, Rick Yapkowitz, Jerry Rubin, Ann Hiller, Paul
Rosenstein, and Jay Johnson.
The following members of the public spoke in opposition to the proposed
ordinance: Dan Ehrler, Tom Larmore, Karen Bauer, Ann Greenspun, Dan
Eliot, Jack Srebnik, Jim Stebinger, Tom Burney, Cindy Hancock, Lonnie
Smith, Jim Adler, Mary Ann Powell, Dave Thomas, Norma Urbina, Chuc1
Allord, Patty Phillips, Robert Long, Charlie Christiansen, Paul De Santis, Hilch
Garcia, Gorton Vallely, Michael Grunning, Raul Da Costa, Michael Federici,
Bruce Cameron, Jeff King, Vivien Benjamin, Fred Khadavi, West Hooker,
Arthur Harris, and Donna Block.
On order of the Mayor, the City Council recessed at 10:30 p.m., and
reconvened at 11 :02 p.m., with all members present.
Motion by Councilmember Genser. seconded by Councilmember McKeoID!,
to introduce the ordinance for first reading, as submitted by staff, reading by
title only and waiving further reading thereof.
Motion to amend by Councilmember Genser, to include the east side of 4th
Street between Colorado and Pico Boulevard. The amendment was accepted
as friendly by the seconder.
Motion to amend by Councilmember Genser, that the gross receipt threshold
for business as listed in Section 4.65.010 should be subject to the Consumer
Price Index (CPI) escalator, effective July 1st of every year and using the
previous calendar year's CPI. The amendment was accepted as friendly.
5
May 22, 2001
Motion to amend by Mayor Feinsteill, to add an additional finding as follows:
"Whereas increasing wages oflow-wage workers in the City of Santa Monica
can help Santa Monica reach its sustainable city goals by helping low wage
workers live closer to work, reduce commuting distance, and make public
transit use more likely." The motion was approved as friendly.
Motion to amend by CounciImember Genser, to add to the definition of
"employer" the phrase "contractor or subcontractor"and "lessee or sublessee."
The amendment was accepted as friendly by the seconder.
Motion to amend by CounciImember O'Connor, to raise businesses gross
receipts threshold to $4 million dollars, and set a minimum wage of $9.75.
There was no second to the motion.
Discussion ensued relative to the amount to set for a threshold for businesses
and the proposed amount of the minimum wage.
Motion to amend by CounciImember McKeo~ to set the wage at $10.69 and
the business threshold at $5 million. The amendment was friendly to the maker.
Further discussion ensued regarding the $10.69 amount, how it originated, and
how it may be perceived by some members of the community.
Motion to amend by CounciImember Genser, to amend previous amendment
and set the threshold at $5 million and the wage at $10.50. The motion was
friendly to the seconder.
Motion to amend by CounciImember Genser, to . amend the issue of
"supercession," in Section 4.65.060 with the following language: "All ofthe
provisions ofthis ordinance, or any part hereof, may be waived in a bona fide
collective bargaining agreement but only if the waivers explicitly set forth in
such agreement in clear and unambiguous terms that unilateral implementation
of terms and conditions of employment by either party to reflect the bargaining
relationship shall not constitute or be permitted as a waiver of all or any part
of the provisions of this ordinance." The amendment was accepted as friendly
by the seconder.
Motion to amend by CounciImember Genser, to add language after 4.65.040
re "anti-retaliation" language as follows: "Any employer that takes adverse
action against an employee within 60 days of the employee's assertion of rights
shall raise a rebuttable presumption to have done so in retaliation for the
assertion of rights. This subsection shall also apply to any individual working
6
May 22. 200 I
Co unci/member Holbrook
was excused at 12:00 a.m.
in or for the City who mistakenly, but in good faith, alleges non-complianc~
with this ordinance." The amendment was accepted as friendly by the
seconder.
Motion to amend by Councilmember Genser, to delay implementation of the
employer's wages and benefits obligation until July 1,2002, with the remaining
portions of the ordinance going into effect in the normal manner. The
amendment was accepted as friendly by the seconder.
Motion to amend by Mayor F einsteill, that the health benefit be set at $1.75 the
first year, at $2.50 the second year, and thereafter, that it be subject to the CPI
index formula. Motion accepted as friendly.
Motion by Councilmember Genser, to add language to prohibit the subletting
or subcontracting of space for reasons of circumventing the ordinance. The
amendment was accepted as friendly.
Substitute motion by Councilmember Katz. seconded by Councilmember
Holbrook, to establish a task force to work out details and then put a city-wide
proposal, with no threshold, to a vote of the people, so that the people can
decide. The substitute motion failed by the following vote:
AYES:
NOES
Councilmembers Holbrook, Katz
Councilmembers O'Connor, McKeown, Genser,
Mayor Pro Tern Bloom, Mayor Feinstein
None
ABSENT
The main motion, as amended, was approved by the following vote:
AYES
Councilmembers O'Connor, McKeown, Genser, Mayor Pro
Tern Bloom, Mayor Feinstein
Councilmember Katz
Councilmember Holbrook
NOES:
ABSENT:
Motion by Councilmember McKeown. seconded by Mayor Pro Tern Bloom,
to direct staff to form an inclusive, time-limited task force to work out the
details for exemptions and other related administrative issues. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
7
May 22, 2001
DEVELOPMENT
MORATORIUM
Councilmember Katz was
excused at 1:09 a.m.
STAFF ADMIN. ITEMS:
PROPOSITION LL
JOINT MEETING WITH
THE REDEVELOPMENT
AGENCY:
PALISADES BLUFF
PROJECT
7-C: Introduction and adoption ofInterim Ordinance No. 2011 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING A MORATORIUM ON THE DEVELOPMENT OF,
AND CONVERSION TO SHORT-TERM HOUSING; DECLARING
THE PRESENCE OF AN EMERGENCY," was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember O'Connor, to
introduce and adopt the emergency ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
NOES:
ABSENT:
Councilmembers Genser, McKeown, O'Connor, Mayor Pro
Tern Bloom, Mayor Feinstein
None
Councilmembers Katz, Holbrook
8-A: Status on enforcement efforts and on question of constitutionality
of Proposition LL - The City of Santa Monica Taxpayer Protection
Amendment of 2000, also known as "The Oaks Initiative," was presented.
The following members of the public spoke in opposition to the
recommendation: Chuck Allord, Tom Fitzgerald, Jones DeFreevin, Sue Griffin,
Melissa Coons, and Tom O'Meara.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember O'Connor, to
direct staff to move forward to expeditiously obtain a final judicial resolution
on the question of constitutionality. The motion was unanimously approved by
voice vote, with Councilmembers Holbrook and Katz absent.
On order of the Mayor, the City Council continued the following matter to a
future meeting.
8-B: CCIRA-l: Santa Monica Palisades Bluff Project - recommendation
that the City Council and the Redevelopment Agency authorize the City
Manager and Executive Director, respectively, to negotiate and execute a
contract with Black & Veatch, in the amount of $680,000, for Program
Management services of the Palisades Bluff Project; and, execute a
reimbursement agreement between the City and the Redevelopment Agency for
the Santa Monica Palisades Bluff Project.
8
May 22, 2001
JOINT MEETING WITH
HOUSING AUTHORITY
HOUSING AUTHORITY
PLAN 2001
WRITTEN
COMMUNICATIONS:
SKATE PARK
COUNCIL ITEMS:
CONCEALABLE HAND
GUNS
"AFFORDABLE"
DEPARTMENT STORES
TRAVEL FUNDS
On order of the Mayor, the City Council continued this matter to a futur~
meeting.
8-C: CCIHA-1: Public hearing and approval of Public Housini
Authority Agency Plan 2001- recommendation that the Housing Authority
hold a public hearing, approve the Public Housing Authority (PHA) Agency
Plan 2001, and certifY compliance with the FY'2000-2005 Consolidation Plan.
12-A: Request of Heidi Lemmon to address Council requesting that the
City Council approve the establishment of a City skate park.
Ms. Lemmon not being present, and on order of the Mayor, the information
was received and filed.
13-A: Request of Mayor Pro Tem Bloom to request Council direct staff
to prepare an ordinance: (a) banning the sale ofsmaU, easily concealable
handguns known as "pocket rockets"; (b) requiring thumb printing on
dealer record of sales for purchase of firearms and requesting the State to
require all prospective firearm buyers in California to be fingerprinted;
and (c) requiring an annual criminal background clearance for the
purchase of ammunition.
On order ofthe Mayor, this matter was continued to June 12,2001
13-B: Request of Councilmember Holbrook to direct staff to define the
term "affordable department stores" and explore incentives to encourage
development of the use. Incentives may include, but not be limited to,
revised development standards, financial assistance, and modifications to
zoning districts.
On order of the Mayor, this matter was continued to June 12,2001.
13-C: Request of Mayor Feinstein that Council authorize travel funds for
the Mayor to attend the U.S. Conference of Mayors, in Detroit, on June
22-26,2001.
Motion bv Councilmember O'Connor. seconded bvCouncilmember Genser, to
approve request. The motion was unanimously approved by voice vote, with
Councilmembers Katz and Holbrook absent.
RECREA nON & PARKS 13-D: Appointment to one full term on the Recreation and Parks
COMMISSION Commission for term ending June 30, 2004.
9
May 22, 2001
RESIGNATION
PUBLIC INPUT:
ADJOURNMENT:
On order of the Mayor, this matter was continued to June 12, 2001.
13-E: Request that City Council accept Margaret Henry's letter of
resignation from the Personnel Board and authorize the City Clerk to
publish the vacancy.
Motion bv Councilmember Genser. seconded bv Councilmember O'Connor, to
approve request. The motion was unanimously approved by voice vote, with
Councilmembers Katz and Holbrook absent.
There was no one present for public input
On order of the Mayor, the City Council meeting was adjourned at 2:00 a.m.
to June 12,2001, in memory of Carol Snider, Roy Naylor and John Bower.
- AC~. ~
Maria M. Stewart ~
City Clerk
APPRO:V~D!(
.r":;,;~~.;'
. ,
Michael Fe~tein
Mayor
10
May 22, 2001