M-6/17/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 17, 2003
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
Bloom at 5:54 p.m., on Tuesday, June 17,2003, at City Council Chambers, 1685 Main Street
Roll Call
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmembcr Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)
Councilmember Herb Katz
CouncilmemberPam O'Connor (arrived at 6:10 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 5:54 p.m., with
Councilmembers Holbrook and O'Connor absent. Councilmember Genser
led 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.
There was no one present for public comment
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown,
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, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook and O'Connor
NOES:
ABSENT:
June 17, 2003
FEDERAL FUNDING
I-A: Letter of support for federal funding - recommendation to
authorize the Mayor to send a letter of support for federal funding of the
Urban Park Recreation Recovery Program and the Land and Water
Conservation Fund, was approved.
"CELEBRATE AMERICA I-B: Recommendation to approve Santa Monica's College request to
4TH OF JUL V" EVENT use fireworks in the 20th Annual Celebrate America" Concert Program
on June 28, 2003, was presented.
CLOSED SESSIONS:
Council member 0 'Connor
arrived at 6:10 p.m.
Council member Holbrook
arrived at 7:00 p.m.
On order of the Mayor, the City Council recessed at 6:05 p.m., to hear
closed sessions and reconvened at 7:00 p.m., with all members present, to
report the following:
2-A: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: U-Liner
West v. Clarke Contracting v. City of Santa Monica, Case No. SC 067
081.
ACTION:
Not heard.
2-D: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: One.
ACTION:
Not heard.
2-E: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Director of Human Resources
Bargaining Units: Administrative Team Associates, Management
Team Associates, Supervisory Team Associates, Public Attorneys'
Legal Support StatTUnion, Santa Monica Firefighters
ACTION:
Heard. No reportable action taken.
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June 17.2003
SPECIAL ITEMS:
FINANCE DIRECTOR
COMMENDATION
ORDINANCES:
INSPECTION FEES
MORA TORIUM ON
RETAIL USES
STAFF ADMIN. ITEMS:
SPECIAL JOINT
MEETING - BUDGET
ADOPTION
4-A: On behalf of the City Council, Mayor Bloom presented a
commendation to Mike Dennis, Finance Director, upon his retirement
for his dedication and service to the City of Santa Monica.
7-A: Second reading and adoption of Ordinance No. 2081 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL AMENDING
SECTION 2.72.010 OF THE MUNICIPAL CODE AUTHORIZING FEES
FOR SYSTEMATIC INSPECTIONS AND ENFORCEMENT ON
PRIVATE PROPERTY AND FOR COMMERCIAL USE OF PUBLIC
PROPERTY," 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
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-B: Second reading and adoption Interim Ordinance No. 2082
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING THE MORATORIUM ON NEW OR EXPANDED RETAIL
USES ON THE GROUND FLOOR OF THE TIllRD STREET
PROMENADE WITH LIMITED EXCEPTIONS," was presented.
Motion bv Councilmember Feinstein. seconded by Councilmember Katz, to
adopt the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the' following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
SPECIAL JOINT MEETING WITH THE HOUSING AUTHORITY.
PARKING AUTHORITY AND REDEVELOPMENT AGENCY:
8-A: Adoption of the Fiscal Year 2003-04 Budget; approval of
various fees; approval of Facility Use Agreements with School District;
and approval of enhanced funding for "Celebrate America" -
recommendation to approve the Community Priorities; adopt Resolution
Nos. 9863 (CCS), 78 (HAS), 481 (RAS), and 240 (PAS) approving the
3
June 17. 2003
budget, as amended; adopt Resolution No. 9857 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA EST ABLISIDNG
NEW CLASSIFICATIONS AND ADOPTING SALARY RATES,"
Resolution No. 9858 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA SETTING POLICE, FIRE AND CITY CLERK FEES";
Resolution No. 9859 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA SETTING VARIOUS SWIM CENTER AND
PLAYHOUSE FEES"; Resolution No. 9860 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA SETTING SOCIAL
SERVICES FEES"; Resolution No. 9861 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA SETTING
PARKING SPACES AND PARKING LOT FEES; Resolution 9862 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SETTING FILM PERMIT FEES"; introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE
RELATING TO PARKING AND ESTABLISIDNG CIVIL PENALTIES
FOR PARKING VIOLATIONS; authorize the City Manager to execute
Master Facilities Use Agreement No. 8210 (CCS); and allocate up to
$15,000 for the 2003 "Celebrate America" event, was presented.
The following members of the public spoke in support of school funding:
John Petz, John Deasy, Michael Dubin, Ed Rhee, Cheri Orgel, Maria
Rodriguez, Beth Leder Pack, Nat Trives, Alan Friedenburg, Dennis Zane,
Jerry Rubin, Gleam Davis, Ralph Mechur, Donald Anderle, Harley Frankel,
Zina Josephs, Keryl Cartee, Louise Jaffee, Judy Abdo, and Ruth Campos.
Member of the public Lauralee Asch, representing City employees
coalition, spoke in opposition to lay-offs of City employees.
The following member of the public spoke in support of funding for the arts:
Lisa Jelandin, Jane Hall, Jan Williamson, Greg Spotts, Leigh Grode, Danielle
Brazell and Clayton Campbell.
The following members of the public spoke in support of funding for child
care and after school programs: Lizzy Bentley, Gleam Davis, Alejandro
Rodriguz, Sebastian Montero and Megan Lands.
The following members of the public spoke in support of funding for the
symphony: Dave Caplin, Allen Gross, Maynard Astra, and Mike Gruning,
Member of the public June Lockhart spoke in support of funding for the
Police Department equestrian unit.
4
June 17, 2003
Mayor Pro Tem McKeown
was excused at 9:50 p.m.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt the proposed Community Priorities. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
adopt Resolution No. 9857 (CCS) establishing new classification and
adopting salary rates; and adopt Resolution Nos. 9858 (CCS), 9859 (CCS),
9860 (CCS), 9861 (CCS), and 9862 (CCS) setting various fees, and reading
by title only and waiving further reading thereof The motion was approved
by the following vote:
AYES
Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember Holbrook
None
NOES:
ABSENT
Motion by Councilmember O'Connor. seconded by Councilmember Genser,
to introduce and hold first reading of the proposed ordinance, reading by
title only and waiving further reading thereof The motion was approved by
the following vote:
AYES
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Katz. seconded by Mayor Bloom, to approve
allocation of funds for the "Celebrate America" event. The motion was
approved by the following vote.
AYES:
Councilmembers O'Connor, Holbrook Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Mayor Pro Tern McKeown advised that he had a conflict of interest in
matters dealing with school funding and recused himself from participation.
5
June 17, 2003
Mayor Pro Tem McKeown
retumed at 10:52 p.m.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
approve an additional $2.5 million, in addition to the on-going $3.0 million,
to the school district.
Substitute motion by Councilmember Feinstein. seconded bv Mayor Bloom,
that in addition to the on-going $3.0 million, approve an additional one-time
$2.0 million. The substitute motion failed by the following vote:
AYES:
NOES:
ABSENT
Councilmembers Holbrook, Feinstein, Mayor Bloom
Councilmembers O'Connor, Genser, Katz
Mayor Pro Tern McKeown
Discussion ensued on the City's state of the budget, other various funding
needs and on the state of the economy. After considerable discussion,
Councilmembers Genser and Katz withdrew their original motion.
Motion bv Councilmember Genser. seconded by Councilmember Katz, that
in addition to the on-going $3.0 million, approve an additional $2.25 million
for school funding, and authorize the City Manager to execute Contract No.
8210 (CCS) with the School District. The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook" Mayor
Bloom
Councilmember O'Connor
Mayor Pro Tern McKeown
NOES:
ABSENT:
Councilmember O'Connor stated, for the record, that she voted in
opposition because although she approves of the on-going $3.0 million, to
the school district, the amount of the one-time money is too high and does
not put the City on a solid economic foundation.
Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz,
to adopt Resolution No. 9863 (CCS) adopting the budget, excluding the
school funding, amended to: increase funding for the symphony for a total
grant of $24,000; approve allocation of$12,500 to keep the mounted police
through December 31, 2003, to allow for private fund raising by members of
the public and directing staff to work with the fundraisers; set aside $20,000,
as a planning grant for the 18th Street Arts Center; restore $4,500 for tree
replacement; restore $20,000 for parks maintenance; set aside $2,000 for
portable sanitary facilities in the area of 11 th and Colorado; add to the work
objectives of the City Manager and the City Attorney to focus on the
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June 17,2003
ADJOURNMENT
SPECIAL JOINT
MEETING:
PROMISSORY NOTES
problems of the Center Court on the Promenade; direct staff to look for
funding for permanent holiday season lighting in the business districts; to not
direct staff to prepare ordinances relative to election fees; approve on-going
allocation of $8,000 for PERS benefits for Councilmembers; and direct
Planning staff to provide a quarterly report on the number of enforcement
actions taken each quarter.
AYES
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to reconsider the vote for the resolution including a $25 election candidate
filing fee. The motion was approved, with Councilmember Holbrook voting
in opposition and with all members present.
Motion by CounciImember Genser. seconded by Councilmember Katz, to
delete the $25 candidate filing fee from the above resolution. The motion
was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the joint meeting of the City Council, Housing
Authority, Parking Authority, and Redevelopment Agency was adjourned
and a special joint meeting of the City Council and the Redevelopment
Agency was convened at 12:30 a.m., with all members present.
8-B: Extension of time for outstanding Promissory Notes-
recommendation that the City Council and Redevelopment Agency agree to
renew six outstanding loans, and authorize the Mayor and Chair to execute
the Promissory Notes between the Agency and the City, was presented.
There was no one present for public comment.
7
June 7, 2003
ADJOURNMENT
GANN
APPROPRIATIONS
COMMUNITY
DEVELOPMENT PLAN
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to approve staff recommendation. The motion was approved by the
following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz.
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the special joint meeting was adjourned and the
regular City Council meeting reconvened at 12:35 a.m., with all members
present.
8-C: Resolutions relating to Gann Appropriations and reserves -
recommendation to adopt Resolution No. 9864 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA EST ABLISIllNG
THE CITY'S GANN APPROPRIATIONS LIMIT FOR FY 2003/04," and
Resolution No. 9865 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA APPROPRIATING FY 2002/03 FUNDS TO
GANN'ED RESERVE AND/OR DESIGNATED FUND BALANCE
SHEET ACCOUNTS," was presented.
There was no one present for public comment
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to adopt the resolutions, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
8-D: Community Development Plan (FY2003-06) and the
Cultural! Arts Organizational Su~port Grant Program Plan (FY 2003-
06) - recommendation to adopt the proposed Community Development and
Support Grant Program Plans, authorize the City Manager to negotiate and
execute contracts with organizations approved for funding; to negotiate and
execute lease agreements; to convene a public hearing, receive comment and
adopt the FY 2003-04 Year Action Plan, was presented.
8
June 7, 2003
There was no one present for public comment
Motion by Councilmember Feinstein. seconded by Councilmember Genser,
to approve the recommendation amended by the enhancement to the
Symphony as approved in item 8-A. 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
PLANNINGIWORKLOAD 8-E: Recommendation to approve proposed Workload Priorities for
PRIORITIES Planning and Community Development Department in FY 2003, was
presented.
Counci/members 0 'Connor
and Holbrook were excused
at 12:40 a.m.
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to
approve the following changes to the recommendation: move priority 20P
(Landmarks Ordinance) to 13P (Text AmendmentlEnvironmental for
Housing in the LMSD Zone)~ to move 13P to 17P (Procedures for Enacting
Interim Ordinances)~ and 17P being removed. The motion was approved by
the following vote:
Council member Katz was
excused at 12:50 p.m.
AYES
NOES:
ABSENT
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook, Katz
Council member Katz
returned at 12:55, p.m.
Motion by Councilmember Feinstein. seconded bv Mayor Pro Tern
, McKeown, to approve the recommendation as amended above. The motion
m''\vds approved by the following vote:
AYES
NOES:
ABSENT
Councilmembers Feinstein, Genser, Katz, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
Motion by Councilmember Feinstein. seconded by Mayor Bloom. to direct
the City Attorney to research the possibility as to whether an applicant can
be made to pay code compliance inspections before getting a permit to do
additional work. The motion was approved by voice vote, with
Councilmember Genser abstaining and Councilmembers Holbrook and
O'Connor absent.
9
June 17. 2003
PUBLIC INPUT:
ADJOURNMENT:
Members of the public Pro Se, Art Casillas and Jeff Norman expressed
concerns regarding various issues.
On order of the Mayor, the City Council meeting was adjourned at 1 :05
a.m., to June 24,2003, in memory of Kyle Opperman.
ATTEST:
'U~G~'~
Maria M. Stewart
City Clerk
APPROVED:
(2-~
Richard Bloom
Mayor
10
June 17,2003