M-6/15/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 15, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50
p.m., on Tuesday, June 15, 2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz (arrived at 6:05)
Councilmember Pam O'Connor
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
Councilmember Katz absent. Kate Vemez, Assistant to the City Manager,
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.
Joey Fullmer discussed various issues related to the Consent Calendar.
Motion by Councilmember Genser. seconded by Councilmember Feinstein.
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 O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
1
June 15,2004
MINUTES
DONA nON OF
DOUGLAS DC 3
SALES TAXES
CLOSED SESSIONS:
Council member Katz
arrived at 6:05 p.m.
I-A: The minutes of the April 27, 2004, City Council meeting, were
approved, as submitted.
I-B: Donation ofa Douglas DC-3 Aircraft from the Museum of
Flying - recommendation to accept donation of aircraft to be used for a
proposed monument project at the Santa Monica Airport, and authorize the
City Manager to sign necessary documentation authorizing transfer of
ownership to the City, was approved.
l-C: Recommendation to oppose further state attempts to swap sales
tax for property tax as part of restructuring state local fiscal
relationship, was approved.
On order ofthe Mayor, the City Council recessed at 5:56 p.m., to hear
closed sessions and returned at 6:50 p.m., with all members present to
report the following action taken:
2-A: Conference with Legal Counsel- Existing Litigation: LID:ry
Ochoa v. City of Santa Monica, Case No. SC 075 968.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor to approve settlement in the amount of$20,000. 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:
2-B: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: One.
Motion by Councilmember O'Connor. seconded bv Councilmember
F einstein, to approve a settlement in the claim of Teddy Tillet in the amount
of$21,243.60 for damages from a main line sewer back up. 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:
2
June 15,2004
ORDINANCES:
TAXICAB OWNERS/
DRIVERS
SIDEWALK CAFES
2-C: Conference with Legal Counsel- Existing Litigation: AB
Cellular LA. LLC dba AT&T Wireless v. City of Santa Monica, Case
No. CV 03-9129.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: Action
Apartment Association v. City of Santa Monica, Case No. B 165082.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.c.. et al., Case No. DC 315186.
ACTION:
Heard. No reportable action taken.
7-A: Second reading and adoption of Ordinance No. 2126 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO
TAXICAB OWNERS AND DRIVERS," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Holbrook, 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:
7-B: Second reading and adoption of Interim Ordinance No. 2127
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING, WITH MODIFICATIONS, THE INTERIM
ORDINANCES ALLOWING ADMINISTRATIVE APPROVAL OF
SIDEWALK CAFES AND WAIVING THE PARKING REQUIREMENT
FOR SIDEWALK CAFES OF A SPECIFIED SIZE," was presented.
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June 15,2004
DIVING OFF PIER
RECESS
SPECIAL JOINT
MEETING
ADOPTION OF BUDGET
Motion by Mayor Pro Tern McKeown. 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:
7-C: Second reading and adoption Ordinance No. 2128 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 10 OF THE MUNICIPAL CODE RELATING
TO DIVING OFF OF AND SWIMMING NEAR THE SANTA MONICA
PIER" was presented.
Motion by Mayor Pro Tern McKeown. 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:
Council members Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 7:20 p.m., to a joint
meeting of the Housing Authority, Parking Authority, and the Redevelop-
ment Agency to take action on Item 8-A, and reconvened at 7:25 p.m., with
all members present.
On order of the Mayor, Items 8-B and 9-A to be heard concurrently.
8-B: Adoption of the Fiscal Year 2004-05 Budget - recommendation
that each of the four Agencies adopt respective resolutions approving the
2004-05 Budget. Recommendation that the City Council approve
Community Priorities; adopt resolution establishing new classifications and
salary rates; adopt six resolutions establishing fees for use of facilities and
parking; use of the Swim Center and Miles Memorial Playhouse; setting
taxicab decal fees; setting emergency medical services fees; amending fee
provisions for annual inspections; and ,setting fees for use of traffic
database. Also, that City Council direct staff to return with resolution
placing a measure on the November 2004 election to increase the Transient
Occupancy Tax, adopt a resolution establishing Gann Appropriations Limit;
and, approve the Planning and Community Development Priorities.
4
June 15,2004
The following members of the public spoke in support of Council adopting a
living wage: Lauralee Asch, Erica Zeitlin, Bruria Finkel, Sonya Sultan,
Sandy Richards, and Vivian Rothstein.
Members of the public Nathaniel Trives, David Bendett, Mary Elizabetb
Booth, John Petring, Francis Gasking, Jennifer Argento, Paul Dolia, and
Arthur Fisher spoke in support of funding for the symphony.
Members of the public Louise Gabriel, Jean McNeil Wyner, and Iao Katagiri
spoke in support of funding for the Historical Society.
Members of the public Morgan Moore, Maynard Ostrow, June Lockhart,
Sally Molloy, Chuck Allord, Gleam Davis, Ana Jara and Mariza Bravo
spoke in support of funding for various projects including the Police
Mounted Unit, domestic violence, and the Pico Neighborhood.
Discussion ensued on comments made during public comment, including the
support for funding a living wage in the City.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to adopt Resolution No. 9954 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE 2004-05 BUDGET."
Motion to amend by Councilmember Genser. seconded by Council member
McKeown, to direct staff to prepare necessary documents to implement an
$11.50 living wage for city workers and return for approval as soon as
possible; as to contract employees, direct staff to prepare the necessary
documents and return for approval of implementation no later than January,
2005; funds are to come out of the $300,000 set aside for employee benefits,
wage not applicable to apprenticeship or internship positions that are
normally excluded in labor negotiations by mutual consent; applicable to
contracts that have a $50,000 floor for services, not goods; non-profits and
governmental agencies to be exempt from the wage; and living wage to be
subject to cost of living adjustments in years that the City provides a cost of
living adjustment to its employees. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers O'Connor, Holbrook, Katz
None
NOES:
ABSENT:
5
June 15, 2004
Motion to amend by Councilmember Holbrook. seconded by
Councilmember Katz, to approve $50,000 in funding for the Historical
Society and directing staff to analyze their on-going needs and make
recommendations in the January 2005 budget priority session. The motion
was accepted as friendly by the maker and seconder.
Motion to amend by Mavor Bloom. seconded by Councilmember Katz, to
approve funding of$II,OOO for the Symphony. The motion was accepted as
friendly by the maker and seconder.
Motion to amend by Mayor Pro Tern McKeown, to approve $10,000 for
domestic violence services. The motion was accepted as friendly by the
maker and seconder.
Motion to amend by Mayor Pro Tern McKeown, to award $1,000 for the
Smart Voter Project. The motion was accepted as friendly.
Motion to amend by Councilmember Feinstein, to direct staff to continue
exploring land acquisition opportunities. The motion was accepted as
friendly.
Motion to amend by Councilmember Feinstein, to direct staff to explore
creating a streaming video of the Leadership Series for public access, and to
return with an information item on possible streaming audio of board and
commission meetings. The motion was accepted as friendly.
Motion to amend by Councilmember Feinstein, to look at the supply of old
classic Big Blue Buses and advise if supply is to be depleted so that Council
can consider giving direction on other possible uses for the buses. The
motion was accepted as friendly.
Motion to amend bv Councilmember Genser, to direct staff to return with
information on the option of asking or requiring vendors/contractors!
grantees to offer domestic partnership protection to its employees. The
motion was accepted as friendly.
Motion to amend bv Mayor Pro Tern McKeown, to direct staff to
investigate options available of having wireless internet access in certain
public places, to add the analysis to the work plan and return to Council
with information. The motion was accepted as friendly.
6
June 15, 2004
The main motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, to adopt Resolution No. 9956 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA EST ABLISIDNG
NEW CLASSIFICATIONS AND SALARY RATES," reading by title only
and waiving further reading thereof The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to adopt Resolution No. 9947 (CCS) (user fees), Resolution No.
9948 (CCS) (fees for use of facilities), Resolution No. 9949 (CCS) (fees for
use of swim center & Miles Playhouse), Resolution No. 9950 (CCS)
(taxicab decal fee), Resolution No. 9951 (CCS) (fees for Paramedic
services), Resolution No. 9952 (CCS) (fee for annual inspection by Fire
Dept.), Resolution No. 9953 (CCS) (fees for use of traffic database),
reading by titles only and waiving further reading thereof The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz,
to direct staff to prepare a resolution placing a measure on the November
2004 election to increase the Transient Occupancy Tax (TOT). The motion
was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
7
June 15,2004
PUBLIC HEARINGS:
CDGB ONE-YEAR
ACTION PLAN
Council members Katz and
o 'Connor were excused at
11:10 p.m.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to
adopt Resolution No. 9955 (CCS) entitled, "A RESOLUTION OF THE
CITY OF SANTA MONICA ESTABLISHING GANN APPROPRIA-
TIONS LIMIT," 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 O'Connor. seconded by Mayor Bloom, to
approve the Planning and Community Development Priorities, amended to
direct staff to hold a public hearing on proposed Downtown Development
Standards and then decide whether to direct staff to prepare ordinance or
defer to the General Plan Update. The motion was approved by the
following vote:
AYES:
NOES:
Councilmembers Holbrook, Katz, Feinstein, Mayor Bloom
Councilmembers O'Connor, Genser, Mayor Pro Tern
McKeown
None
ABSENT:
Mayor Pro Tern McKeown stated, for the record, that he voted against
because he fears risking the public trust by bringing a contentious issue back
in the middle of summer without further public outreach or workshops.
9-A: Public Hearing to receive pubic comment and recommendation
to adopt the FY 2004-05 One-Year Action Plan, as required by the U.S.
Department of Housing and Urban Development.
Motion by Councilmember Feinstein. seconded by Mavor Pro Tern
McKeow, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, O'Connor
NOES:
ABSENT:
ADJOURNMENT OF On order of the Mayor, the special joint meeting of the City Council, the
SPECIAL JOINT MEETING Housing Authority, the Parking Authority, and the Redevelopment Agency
was adjourned at 11: 12 p.m., and reconvened to a special joint meeting of
8
June 15, 2004
Counci/member 0 'Connor
returned at 11: 14 p. m. .
SPECIAL JOINT
MEETING
PROMISSORY NOTES
the City Council and Redevelopment Agency, with Councilmember Katz
absent.
CITY COUNCIL AND THE REDEVELOPMENT AGENCY:
8-C: Renewal of Outstanding Promissory Notes - recommendation that
the City Council and the Redevelopment Agency agree to renew the six:
outstanding loans and approve and authorize the Mayor and the
Chairperson, respectively, to execute the promissory notes, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tem McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
ADJOURNMENT OF On order of the Mayor, the special joint meeting ofthe.City Council and the
SPECIAL JOINT MEETING Redevelopment Agency adjourned at 11 :25 p.m., with Councilmember Katz
absent.
PICO YOUTH FAMILY
CENTER
8-D: Pico Youth and Family Center Community Development
Program Grant - recommendation to authorize the City Manager to
negotiate and execute a three-month grant Agreement No. 8351 (CCS) with
Public Health Foundation Enterprises and a nine- month grant Agreement
No. 9352 (CCS) with the Pico Youth and Family Center directly for
operation of the center, was presented.
Members of the public Albert Casas, Chris Featherstone, Maria Echeverria,
Tiffany Martinez, Franky de la Torre, Alejandro Aldana, Oscar de la Torre,
Abby Arnold, and Haimanot Habtu spoke in support of the
recommendation.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
9
June 15,2004
COUNCIL ITEMS:
GROUND SQUIRRELS
13-A: Request of Mayor Pro Tern McKeown that the Council
authorize staff to seek a delay from County Supervisors on the recently
received County of Los Angeles order to poison ground squirrels in
Palisades Park, and request that the County explore other methods of
disease vector control if needed, such as killing the fleas instead of the
squirrels, was presented.
Council member 0 'Connor
was excused at 11:53 p.m.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember
F einstem, to approve request and if delay is denied, to ask the County to
explore other methods of disease control.
Motion to amend by Councilmember Genser, to direct staff to quickly
investigate other methods, inform the County of action being taken and if no
alternative found, to comply with the order. The motion was accepted as
friendly by the maker and seconder. The motion was approved by the
following vote:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmember Holbrook
Councilmember Katz, O'Connor
NOES:
ABSENT:
PUBLIC INPUT:
There was no one present for public comment.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12: 10
a.m.
ATTEST:
~ ~_.~"'e.~~
Maria M. Stewart \
City Clerk
APPROVED:
h~
Richard Bloom
Mayor
10
June 15, 2004