M-6/21/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 21, 2005
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Pro
Tern Katz at 5:48 p.m., on Tuesday, June 21,2005, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor (arrived at 6:00 p.m.)
Mayor Pro Tern Herb Katz
Councilrnernber Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
CouncilmemberBobby Shriver (arrived at 6:00 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
;
1li
CONVENE/PLEDGE On order of the Mayor Pro Tern, the City Council convened at 5:48 p.m.,
with Councilmember Shriver and Mayor O'Connor absent. Councilmember
McKeown led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: AU items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Joey Fullmer discussed various concerns.
Motion by Councilmember Genser. seconded by Councilmember Bloom. 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, Holbrook, McKeown, Bloom,
Mayor Pro Tern Katz
None
Councilmember Shriver, Mayor O'Connor
NOES:
ABSENT:
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June 21, 2005
AB1612
BAY SAVER WATER
CONSERVATION
CLOSED SESSIONS
Mayor 0 'Connor and
Council member Shriver
arrived at 6:00 p.m.
I-A: Resolution No. 10042 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE MAYOR TO
SUBMIT A LETTER OF SUPPORT FOR AB 1612, CIGARETTE
POLLUTION AND LITTER PREVENTION ACT OF 2005," was
adopted.
I-B: Contract for Bay Saver Water Conservation Program-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8486 (CCS) with Kema, Inc., in the amount of$loo,OOO, for
Fiscal Year 2005-06 and $80,000 for Fiscal Year 2006-07, for the City's.
water conservation Bay Saver Program, was approved.
On order of the Mayor Pro Tern, the City Council recessed at 5:57 p.m., to
consider closed sessions and returned at 7:05 p.m., to report the following
with all members present:
2-A: Conference with Legal Counsel- Existing Litigation: First
National Bank v. Baird Company. et aI., Case No. 02 CV 610.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Stewart, Case No. SC 067 033.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C., Case No. BS 315 186.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- anticipate significant exposure
to litigation pursuant to Government Code Section 94956.9(b): 4 cases,
including one dispute related to real property located at 1522 6th St.
Motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz.
as related to the dispute with Arch Insurance Group and the Park
Replacement Project obligations under the Bond, that the City will settle
(Contract No. 8498 (CCS)) the dispute for a payment of $200,000 from
Arch Insurance and Arch Insurance's promise to forebear its claim to
$147,000 which might otherwise be payable to them by the City. The
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June 21, 2005
STAFF ITEMS:
WATER AND SOLID
WASTE RATES
motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tem Katz, Mayor O'Connor
None
None
The City Attorney reported that the other three cases were not heard.
8-A: Discussion and direction to staff regarding modification of
Water and Solid Waste rates for adoption with the FY 2005/06 budget
and plans for Wastewater rate modification in FY 2006/07, was
presented.
Members of the public Joey Fullmer and Joe Natoli discussed aspects of the
subject matter.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
that as to water rates, staff conduct a rate study including a restructure of
the tiered system to improve sustainability and that those who use more
water have increased rates and those using less water be given a reward.
Motion to amend by Councilmember Genser. seconded by Councilmember
Holbrook, to amend the motion to approve a 2.2% increase in addition to
the proposed 3.98% CPI, for a total of6%, effective July 1,2005, or as
soon after as legally possible. The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Holbrook, Genser, Mayor
O'Connor
Councilmembers McKeown, Shriver, Mayor Pro Tern Katz
None
Motion to amend main motion by Councilmember Shriver. to include
studying the cost of delivering services to customers, and efficiencies. The
motion was accepted as fiiendly.
The main motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
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June 21, 2005
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz, that
as to the solid waste rates, there be a study including looking at operational
efficiencies; and in addition to the proposed 3.8% CPI increase for next
fiscal year also include a 10% increase maximum for all rate categories.
Motion to amend by Mayor Pro Tern Katz. that staffretum with a report
breaking down all expenses by program. The motion was accepted as
friendly
Motion to amend by Councilmember McKeown. to include sustainability
issues in the report. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
SPECIAL JOINT
MEETING
2Q05-06 BUDGET
On order of the Mayor, the regular meeting of the City Council recessed at
8:40 p.m., to a joint meeting with the Housing Authority, Parking Authority
and Redevelopment Agency, with all members present~
8-C: Adoption of the Fiscal Year 2005-06 Budget - recommendation
that City Council adopt resolution establishing new classifications and
adopting salary rates; resolutions establishing and increasing various fees;
resolution establishing the City's Gann appropriations limit; and authorize
the City Manager to negotiate and execute contracts with organizations
approved for funding in the Community Development Plan.
Recommendation that the Council, the Housing Authority, the Parking
Authority, and Redevelopment Agency adopt respective resolutions
adopting the budget. Recommendation that the City Council and the
Redevelopment Agency approve amendments to, and authorize the City
Manager and Executive Director respectively, to execute promissory notes
and their conversion to demand notes, was presented.
Members of the public Louise Gabriel, Jean McNeil Wyner, Ricardo
Bandini-Johnson, Andrea Engstrom, and Kristin Chapin spoke in support of
funding for the Historical Society.
Members of the public Michael Gruning, Allen Robert Gross, Paul Dolid
and Maynard Ostrow spoke in support of funding for the Symphony.
4
June 21, 2005
Members of the public Irene Zivi, Linda Gordon, Marizsa Bravo, Betsy
Hiteshew, Patty Oblath, and Judy Abdo spoke in support offunding for
child care.
Members of the public Donna Steinberg, Leigh Curran, Asuka Risa, Jan
Williamson, Elena Allen, Fred Dewey, Lee Garcia, and Genise Schnitrnan
spoke in support of funding for the arts.
Members of the public Tom Cleys, Elizabeth Terry, and Nina Fresco spoke
in support of funding for historical programs and preservation.
Members of the public Eleanor Blumenberg, Arthur Harris and Jean Sedillos
spoke in support of dealing with homeless issues and problems.
Members of the public Francis Hackey, Jerry Rubin, Ben Franz-Knight,
Ellen Brennan, Oscar de la Torre, and Zina Josephs spoke to various issues
including funding for the Bayside District, the Pier, youth services and traffic
and pedestrians.
Motion by Councilmember Holbrook. seconded by Mayor O'Connor, to
adopt Resolution No. 10043 (CCS) entitled: .'A RESOLUTION OFTHE
CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICA-
TIONS AND ADOPTING SALARY RATES," reading by title only and
,waiving further reading thereof. The motion was approved by the following
,> vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz. to adopt
six resolutions establishing various charges and fees as follows: Resolution
No. 10044 (CCS) (Bayside Filming fees); 10045 (CCS) (Bayside Special
Events fees); 10046 (CCS) (outdoor dining); 10047 (CCS) (landing fees);
10048 (CCS) (pCD review fees); 10049 (CCS) (CCS fees); reading by title
only and waiving fu.rther reading thereof. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
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June 21, 2005
Motion by Mayor O'Connor. seconded by Mayor Pro Tem Katz. to adopt
Resolution No. 10051 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA ESTABLISHING THE CITY'S GANN
APPROPRIATIONS LIMIT," reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
CounciIrnembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tem Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz. to
authorize the City Manager to negotiate and execute contracts with
organizations approved for funding through the Community Development
Plan. The motion was approved by the following vote:
AYES:
Councilmernbers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Mayor O'Connor. seconded by Councilmember Bloom. to adopt
Resolution No. 10050 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA ADOPTING THE BUDGET FOR FY 2005-06,"
reading by title only and waiving further reading thereof, with the
understanding that amendments will be made prior to the final vote.
Discussion ensued on the proposed budget, on needs of various
organizations and comments made during public comment.
In order to fund the above projects, the following cuts and reductions and
proposals were considered: reduce $231,000 in paving costs by reducing the
project by seven blocks; cut $25,000 of facilities maintenance CIP; and
reduce funding of Santa Monica Festival by $23,000; and add funding of
$60,000 from utility tax.
Motion by Mayor O'Connor. seconded bv Mayor Pro Tem Katz. to amend
the budget and approve a reduction of$231,000 from the street paving
project by eliminating 7 blocks; $25,000 from the ongoing facilities
maintenance; $23,000 from the Santa Monica Festival budget; and
appropriate $60,000 from the utility tax; and that if there are funds for re-
funding at mid-year, that these be the first projects to be re-fimded. In
addition that the following changes be made to the budget: Restore grants to
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June 21,2005
Arts grantees with on-going $41,000 and restore CIP increases for.grantees;
restore early childhood subsidies ($60,000 ongoing); provide funding for
historic inventory ($144,000 one-time, $50,000 ongoing) ; install automatic
defibrillators at 13 more sites ($43,093 one-time, $13,403 on-going); fund
the "Homeless Secretary" position ($200,000 one.;.time); fund additional
staff to work on homelessness issues ($170,000); restore funding to the
Symphony ($12,200 on-going); award a grant to Historical Society
($50,000 on-going); fund the Ocean Park traffic/parking/crosswalk study
funding ($75,000); roll over $50,000 from the East! West Corridor Study;
and reduce by $100,000 the Borderline Study.
The motion to amend was approved by the following vote:
AYES:
Council members Genser, Shriver, Holbrook, McKeown,
Mayor Pro Tern Katz, Mayor O'Connor
Councilmember Bloom
None
NOES:
ABSENT:
Councilmember Bloom stated, for the record, that he voted "no" because he
does not understand why Council is cutting a most successful and loved
event when the numbers allocated could have been adjusted to avoid a cut to
the Festival.
Motion by Councilmember Bloom. seconded by Councilmember McKeown.
to direct staff to look at all possible options to restore the $23,000 funding
for the Santa Monica Festival. The motion was unanimously approved by
voice vote, with all members present.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz, as to
the main motion, to clarity and give the following direction:, that the
intersections on Ocean Park Boulevard at 16th and 17th Streets, be focused
upon the Land Use Study and that resources have been allocated for that;
that the Crosswalks - Phase Three dollars would be used tor safety of
crosswalks around school sites; that the red curb program be pursued not
just on major boulevards but also on side streets and that the standards come
back to Council for public comment; that staff look for a better way to
communicate information about recycling to all the residents of the City;
that staff return with information on code enforcement; and add to work
objectives a no-cost interdepartmental work objective for the better
collection of gender-based data. The motion was unanimously approved by
voice vote, with all members present.
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June 21, 2005
ADJOURNmNT OF
JOINT MEETING
PUBLIC HEARINGS:
CDBGIHOME GRANT
FUNDS
The main motion to approve Resolution No. 10050 (CCS), as amended, was.
approved by the following vote:
AYES:
. Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
Motion by Mayor O'Connor. seconded by Councilmember Holbrook. to
approve amendments to the outstanding promissory notes including
conversion to demand notes, and authorize the Mayor to execute the
amendments. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tem Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
On order of the Mayor, the special joint meeting of the City Council, the
Housing Authority, the Parking Authority and the Redevelopment Agency
was adjourned at 12: 14 a.m., and the regular City Council was reconvened
with all members present.
9-A: Public hearing and approval of Consolidated Plan in
, conjunction with the City's FY 2005-06 proposed budget -
reconunendation to approve the Consolidated Plan and to authorize staff to
submit required documents to receive CDBG and HOME entitlement grant
funds, was presented.
There was no one present for public comment. ..
Motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, to
approve the recommendation. Th~ tn.otion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
8
June 21,2005
REPORTS: BOARDS On order of the Mayor, Items lO-A and 13-D were heard concurrently.
AND COMMISSIONS:
LUCE - PUBLIC REVIEW 1O-A: Request of the Planning Commission that Council amend the
schedule for the Land Use Element, Circulation Element, and Zonin.g
Ordinance update to allow more time for public, Planning Commission
and City Council review, was presented.
LUCE - PUBLIC REVIEW 13-D: Request of Mayor Pro Tem Katz to amend the schedule for tbe
Land Use Element, Circulation Element, and Zoning Ordinance update
to allow more time for public review, was presented.
COUNCIL ITEMS:
IN-HOME SUPPORTIVE
PROGRAM
Mayor Pro Tem Katz was
excused at 12:20 a.m.
MILLION SOLAR
ROOFS - SBl
There was no one present for public comment.
Motion by Mayor Pro Tern Katz. seconded by Councilmember McKeo:wn,
to approve the Commission's recommendation. The motion was
unanimously approved by voice vote, with aU members present.
13-A: Request of Councilmember McKeown that Santa Monica
oppose state budget cuts to the California In-Home Supportive Service
(mSS) program, which would severely impact Santa Monica seniors,
persons with disabilities, and otbers reliant on home care; and that our
position be promptly communicated to appropriate legislators and the
Governor, was presented.
Member of the public Jerry Rubin spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember Shriver,
to approve request. The motion was unanimously approved with Mayor Pro
Tern Katz absent.
.13-B: Request of CouDcilmember McKeown tbat Santa Monica
support the "Million Solar Roofs Bill," SB 1 by State Senators Murray
and Campbell, which would help extend Santa Monica's successes with
solar power through a statewide program for energy independence,
clean air and affordable energy over the next ten years; and that our
position be promptly communicated to appropriate legislators and the
Governor, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to approve request. The motion was unanimously approved with Mayor Pro
Tern Katz absent.
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June 21,2005
NEW DIRECTIONS
CHOIR
AB352
PUBLIC INPUT:
ADJOURNMENT:
13-C: Request of Councilmember McKeown that the Council alloc:ate
$333 from the Counc:iI's disc:retionary fund for the New Directions
Choir, a nine-member singing group composed of formerly homeless
veterans, to purchase performer permits allowing the Choir to provide
oc:casional inspirational concerts on the Third Street Promenade, was
presented.
Member of the public Jerry Rubin spoke in support of the request.
Motion by Councilmember McKeown. seconded by CounciImember Shriver.
to approve request, if necessary, and direct staff to look at the option of
providing free permits to the performers. The motion was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Bloom, McKeown, Shriver, Genser, Mayor
O'Connor
None
Councilmember Holbrook
Mayor Pro Tern Katz
13-E: Request ofCounc:ilmember Bloom that Council support AB352
(Koretz) Firearm Microstamping, and SB357 (Dunn), Hand Gun
Ammunition Serialization Policy. "
ACTION:
Withdrawn by Councilmember Bloom.
Member of the public B.A. Gray discussed violations of civil rights and
restraining orders.
On order of the Mayor, the City Council meeting was adjourned at 12:32
a.m., to June 28,2005, at 5:00 p.m.
ATTEST:
~~'r-s
Maria M. Stewart
-City Clerk
APPROVED:
l
~ CJC#r
. Pam O'Connor
Mayor
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June 21, 2005