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 Tem 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

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.

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 1-A was removed from the Consent Calendar.

Motion by Councilmember Genser, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented, except 1-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 Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook, O'Connor

1-B: Resolution No. 9651 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-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.

1-D: Recommendation to adopt Resolution No. 9652 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING CALIFORNIA ASSEMBLY BILL 1539 (AB1539) 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.

1-E: 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.

1-F: Resolution for MOU with Metropolitan Transportation Authority (MTA) to establish Capital Reserve Account for Olympic Drive Extension Project - recommendation to adopt Resolution No. 9653 (CCS) entitled: "A RESOLUTION 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 MTA TO ESTABLISH A CAPITAL RESERVE ACCOUNT FOR THE OLYMPIC DRIVE EXTENSION PROJECT," was adopted.

1-G: Recommendation to approve Statement of Official Action for appeal of Planning Commission decision on the Property located at 808 Wilshire Blvd, was approved.

1-H: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7932 (CCS) to with Terra-Cal, in the amount of $2,355,288, for the construction of Pedestrian and Crosswalk Improvements, Phase 1(b), was approved.

1-I: Recommendation to authorize the City Manager to negotiate and execute Agreement No. 7933 (CCS) with El 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.

1-J: 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 of local 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 27^th minutes to confirm a previous correction.

1-A: Approval of minutes of March 6, 20, and 27, 2001, City Council meetings.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve the minutes as submitted, except the March 27^th 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.

Councilmember O'Connor arrived at 6:30 p.m.

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.

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. Henry Walther, Case No. SC 043-522.

ACTION: Not heard.

2-E: Claim No. CSM 01-526 against the City of Santa Monica. Claimant: Edna Bishop.

ACTION: Not heard.

2-F: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Two.

ACTION: Two cases heard. No reportable action taken.

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:

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

NOES: None

ABSENT: Councilmember Holbrook

Councilmember Holbrook arrived at 6:55 p.m.

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 ZONE 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 Ury, Elba Hernandez, Roxanne Aver, Theresa Bonpane, Erika Zucher, Bill Bronner, Father Mike Gutierrez, Patricia Hoffman, Manny Lares, Miriam Goldsmith, Phil Hendricks, Ken Mason, Oscar DeLa Torre, Todd Flora, Sonia Sulton, Sylvia Shniad, Jerome Schnitzer, Dennis Zane, 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, Chuck Allord, Patty Phillips, Robert Long, Charlie Christiansen, Paul De Santis, Hilda 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 McKeown, 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 4^th 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 1^st of every year and using the previous calendar year's CPI. The amendment was accepted as friendly.

Motion to amend by Mayor Feinstein, to add an additional finding as follows: "Whereas increasing wages of low-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 Councilmember 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 Councilmember 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 Councilmember McKeown, 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 Councilmember 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 Councilmember Genser, to amend the issue of "supercession," in Section 4.65.060 with the following language: "All of the provisions of this 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 Councilmember 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 in or for the City who mistakenly, but in good faith, alleges non-compliance 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 Feinstein, 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: Councilmembers Holbrook, Katz

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

ABSENT: None

Councilmember Holbrook was excused at 12:00 a.m.

The main motion, as amended, was approved by the following vote:

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

NOES: Councilmember Katz

ABSENT: Councilmember Holbrook

Motion by Councilmember McKeown, seconded by Mayor Pro Tem 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.

Councilmember Katz was excused at 1:09 a.m.

7-C: Introduction and adoption of Interim 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:

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

NOES: None

ABSENT: 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 Tem 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: CC/RA-1: 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.

On order of the Mayor, the City Council continued this matter to a future meeting.

8-C: CC/HA-1: 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 of small, 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 of the 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 by Councilmember O'Connor, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

13-D: Appointment to one full term on the Recreation and Parks Commission for term ending June 30, 2004.

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 by Councilmember Genser, seconded by 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.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor