CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 20, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, June 20, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser

Mayor Pro Tem Pam O'Connor

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:20 p.m., with all members present, and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:20 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

Mayor Genser made a public announcement that Mayor Pro Tem O'Connor advised she would like to retire from her position in the School/College Liaison Committee. Mayor Genser then appointed Councilmember Bloom to the position.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Bloom, to combine items 4-B and 10-A. The motion was unanimously approved by voice vote, with all Councilmembers present.

4-B (CC/HA/PA/RA-2) Public hearing and approval of the Fiscal Year 2000-2001 proposed budget - Recommendation to hold a public hearing and approve revisions to the FY 2000-01 proposed budget; adopt a resolution revising various salary rates and approving list of reclassifications; adopt resolutions adjusting and establishing various fees and rates; adopt resolutions approving the City of Santa Monica, the Housing Authority, the Redevelopment Agency, and the Parking Authority budgets for FY 2000-01.

10-A: Public hearing and approval of Consolidated Plan, the Final proposed Community Development Plan, and the Cultural/Arts Organizational Support Grant Program Plan in conjunction with the City's FY 2000-2001 Proposed Budget - recommendation to approve the Consolidated Plan, the Final proposed Community Development Plan, and the Cultural/Arts Organizational Support Grant Program Plan; to authorize the City Manager to negotiate and execute contracts with organizations approved for funding through the plans; and to authorize City staff to submit required documents to receive CDBG and HOME entitlement grant funds.

The following members of the public spoke in support of funds for education, youth programs, and pre-school programs: Allegra Fonda-Bonardi, Kevin Wiseman, Rochelle Bailis, Lilianna Yuen, Dan Ehrler, Irene Zivi, Sandra Meskill, Fred Whitlock, Ida Bucher, Roberta Rochetti, Anna Claire White, Kate Savage Freidman, and Linda Gordon, Veronica Garcia, Patti Oblath, Betsy Hiteshaw, Joy Horowitz, Andrew Denyer, Gleam Davis, Nancy Tallerine, Todd Hess, Jean Gebman, Judith Brunk, Louise Jaffe, Cheri Orgel, Lorae Tayler, Rick Gates, Debbie Mulvaney, Judy Abdo, Denny Zane, John Petz, Craig Hamilton, Shari Davis, Eileen Lipson, Maria Leon-Vasquez, Kelley Hayes-Raitt, Reverend Sandie Richards, Oscar de la Torre, and Ralph Mechur.

The following members of the public spoke in support of a Disabilities Commission: Pro Se, Jerry Rubin, Derek Lantzsch, Taliba Brody, Rabbi Erwin Ruch, Terry Schiller, Camille Jones, Ron Turner, Amy Borrsma, and J.D. Harber

The following members of the public spoke in support of more affordable housing: Joey Fullmer, Anita Phillips, Geraldine Moyle, Franceye Smith, George George, Manuel Lares, Lu Artz, and Jason Parry.

Mary Ann Jones spoke in support of funding for the Westside Center for Independent Living; Members of the public Linda Sullivan and Jan Palchikoff spoke in support of a new Pier ramp; Cecilia Dan spoke in support of funding for the Santa Monica Museum; Maximilian Yuen spoke in support of funding for his dance program; Kendis Marcotte encouraged support of the Cultural Arts grant; Cecilia Soriano thanked the City for supporting Dance For All; Jane Atkins urged continued support of the Virginia Avenue Project; Sally Molley thanked staff for the recommended funding for Legal Aid.

Member of the public John Maceri spoke in support of funding for Los Angeles Homeless Services Authority; Walter Marks III, William Imhoff, and Arthur Harris spoke in support of funds for additional parking resources in the Downtown area; Louise Gabriel spoke in support of funding for the Santa Monica Historical Society Museum; Chuck Allord asked various questions about the budget.

On order of the Mayor, the City Council recessed at 10:10 p.m., and reconvened at 10:35 p.m., with all members present.

Councilmember McKeown discussed a potential conflict of interest with the Santa Monica-Malibu Unified School District (SMMUSD) and the Ocean Park Community Center (OPCC) and explained that he would be leaving the dais during discussions of the items.

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to approve the staff recommendation on the budget, with the exception of funding for SMMUSD and OPCC.

Motion to amend by Councilmember Bloom, seconded by Councilmember Feinstein, to allocate $250,000 to the childcare subsidy and extend in future years as budget allows, with a portion retained for the "The Children's Place" playground equipment or other purposes.

Motion to amend the amendment by Mayor Genser, to allocate $195,000 to childcare subsidy and $55,000 to "The Children's Place." Motion accepted as friendly.

Motion to amend by Mayor Genser, to reduce the Council contingency account for next year by $20,000 to $95,000 and to allocate the $20,000 to the Historical Society for the digitizing of photographs. The motion was accepted as friendly.

Motion by Councilmember Rosenstein, to add a Department Objective to the Environmental/Public Works Department to conduct a workshop on the issue of fluoridation and bring the issue to the Council in the fall. The motion was accepted as friendly.

Motion to amend by Mayor Genser, to defer the Circulation Element and North of Wilshire Standards, and to promote to the second quarter the Pier ramp and Bridge environmental study and declare the Council's desire, on the deferred categories, to prioritize the Childcare and Art Nexus Study. Motion accepted as friendly.

Motion to amend by Mayor Genser, to add a City Manager Objective to adopt the City's graphic identity, and an objective to the Resources Management Department to review options for additional parking and/or parking as part of mixed use development in the wider downtown area. Motion accepted as friendly.

Councilmember McKeown was excused at 12:29 a.m.

Councilmember McKeown advised he was recusing himself because the next discussion will involve the School District.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to allocate $3.1 million of one-time money to the School District, the $2.1 allocated at mid-year plus a $1 million enhancement, that the City request that the School District report back to the City on how the money will be spent and that the funds be used for other than on going expenditures.

Substitute motion by Councilmember Rosenstein, to honor the request of the district for items 2 and 3 in their letter, that the $3.1 million one-time grant be used to bring up the School District's reserves to 6%, and that the remainder could be used for financial task force and independent review and analysis that they spelled out in their letter and any additional uses be reported to the City Council. The motion died due to lack of a second.

The vote on the main motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: Councilmember Rosenstein

ABSENT: Councilmember McKeown

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve the recommended funding for OPCC. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, Holbrook, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember McKeown

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to approve all other recommended grants to the School District. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, Holbrook, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember McKeown

Councilmember McKeown returned at 1:11 a.m.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember McKeown, to adopt the resolution revising salary rates and approving position changes. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to adopt a resolution adjusting and establishing various fees and rates. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

The main motion made earlier, to wit: "Motion by Councilmember Bloom, seconded by Councilmember Feinstein," to approve staff recommendation on the budget as amended above and, as amended by staff for the "Parachute and Adelanto Projects," with the exception of funding for SMMUSD and OPCC, was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: None

Motion by Councilmember Feinstein, seconded by Mayor Genser, to approve Item 10-A, recommendation to approve Consolidated Plan, the final proposed Community Development Plan, and the Cultural/Arts Organiza-tional Support Grant Program Plan; to authorize the City Manager to negotiate and execute contracts with organizations approved for funding; and to authorize City staff to submit required documents to receive CDBG and HOME entitlement grant funds, not including the School District and OPCC. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: None

Councilmember McKeown was excused at 1:22 a.m.

Councilmember McKeown was excused temporarily in order to vote on the same motion, but including the school district and OPPC. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, Feinstein, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: McKeown

Councilmember McKeown returned at 1:24 a.m.

By acclamation, the Council thanked, with gratitude, all the members of staff that worked on the budget and the community for their input.

Councilmember Rosenstein was excused at 1:25 a.m.

4-C (CC/RA-1) Recommendation to renew two outstanding Promissory Notes for the Downtown Redevelopment Project, three for the Ocean Park Redevelopment Project, and two for the Earthquake Recovery Redevelopment Project, and that the Redevelopment Agency approve and authorize the Chairperson to execute the Promissory Notes between the Agency and the City.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to renew the seven Promissory Notes. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Feinstein, McKeown, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: Councilmember Rosenstein

9-A: Recommendation to adopt Resolution No. 9530 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE CITY'S GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-00," and adopt Resolution No. 9531 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROPRIATING FISCAL YEAR 1999-2000 FUNDS TO GANN'ED RESERVE AND/OR DESIGNATED BALANCE SHEET ACCOUNTS."

Member of the public Brian Hutchings discussed the upcoming election.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to adopt the resolutions, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Feinstein, McKeown, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: Councilmember Rosenstein

9-B: Resolution supporting legislative measures and administrative agreements related to specific County, State and Federally-funded human services programs - recommendation to adopt Resolution No. 9532 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING LEGISLATIVE MEASURES AND ADMINISTRATIVE AGREEMENTS INCLUDING: 1) EXTENSION OF WAIVER 1115 BETWEEN THE FEDERAL GOVERNMENT AND LOS ANGELES COUNTY TO PROVIDE FUNDS FOR RESTRUCTURING THE COUNTY HEALTH CARE SYSTEM; 2) RESTORATION OF $1.9 BILLION IN FEDERAL CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS; 3) BILL AB 2034 TO PROVIDE ADDITIONAL FUNDING FOR OUTREACH AND COMMUNITY MENTAL HEALTH PROGRAMS; AND 4) BILL SB 1703 TO EXPAND CHILD CARE FUNDING TO LOW-INCOME WORKING FAMILIES."

Member of the public Chuck Allord expressed concern about shifting of funds.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to adopt the resolution, reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Feinstein, McKeown, Bloom, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSENT: Councilmember Rosenstein

13-A: Request of Carolanne Sudderth to invite Council to the Main Street Community Gardens 4th Annual Open House on Sunday, June 25, 2000, was presented.

Mayor Genser read the invitation to the Main Street Community Gardens 4th Annual Open House. On the order of the Mayor, the letter was received and filed.

14-A: Recommendation to accept Ken Breisch's letter of resignation from the Planning Commission and authorize the City Clerk to publish vacancy.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to accept, with regrets, the resignation of Ken Breisch from the Planning Commission. The motion was unanimously approved by voice vote, with Councilmember Rosenstein absent.

14-B: Annual vacancy appointments to the following board and commission vacancies: (Continued from June 13, 2000.)

On order of the Mayor, this matter was continued to July 1, 2000.

On order of the Mayor, the floor was opened for nominations to the Arts Commission.

Mayor Pro Tem O'Connor nominated Jean Ann Holbrook. Councilmember McKeown nominated Harriet Beck. No appointment was made based on the following vote, with Councilmember Rosenstein absent:

Ms. Holbrook: Councilmembers Bloom, Holbrook, Mayor Pro Tem O'Connor

Ms. Beck: Councilmembers McKeown, Feinstein, Mayor Genser

On order of the Mayor, the appointment was continued to July 1, 2000.

The Mayor opened the floor for nominations. Mayor Pro Tem O'Connor nominated Eileen Lipson. There being no other nominations, Ms. Lippman was appointed to the Commission by acclamation, for a term ending June 30, 2004.

On order of the Mayor, the outstanding appointment to the Commission on the Status of Women was continued to July 1, 2000.

On order of the Mayor, the appointment to the Library Board was continued to July 1, 2000.

Councilmember McKeown nominated Geraldine Moyle for the open seat. There being no other nominations, Ms. Moyle was appointed to the Commission by acclamation with Councilmember Rosenstein absent, for a term ending June 30, 2004.

Councilmember McKeown nominated Julie Dad. There being no other nominations, Ms. Dad was appointed to the Commission by acclamation with Councilmember Rosenstein absent, for a term ending June 30, 2004.

On order of the Mayor, the appointment to the Recreation & Parks Commission was continued to July 1, 2000.

16-A: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Two

ACTION: 1) Approved settlement of one case for Art Dec Construction (See Contract No. 7277 CCS).

2) No reportable action taken on second case.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Holbrook, to approve the settlement for Art Dec Construction, in the amount of $32,012.25. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Rosenstein

16-B: Conference with Legal Counsel - Existing Litigation: Conoco, Inc., and Kayo Oil Company, v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc. V. City of Santa Monica, Case No. SS 007078.

ACTION: Heard. No reportable action taken.

15. PUBLIC INPUT: Member of the public Brian Hutchings discussed the Voting Rights Act and Democratic Party; Member of the public Chuck Allord discussed community voices and neighborhood groups.

On the order of the Mayor, the City Council meeting was adjourned at 1:50 a.m., to June 27, 2000.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor