CITY OF SANTA MONICACITY COUNCIL MINUTES

JUNE 19, 2001

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 7:02 p.m., on Tuesday, June 19, 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, Councilmember Herb Katz, Councilmember Kevin McKeown

Councilmember Pam O'Connor

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 7:02 p.m., with all members present. Councilmember McKeown led the assemblage in the pledge of allegiance. It was the consensus of Council that the budget item would be heard first, and concurrently with Items 8-B, 8-C, and 9-A.

On order of the Mayor, a joint meeting with the Housing Authority, Parking Authority and Redevelopment Agency was called to order, with all members present, and the Mayor opened the public hearing.

8-A: CC/HA/PA/RA-1: Adoption of the Fiscal Year 2001-02 Budget - recommendation that City Council adopt resolutions revision salary rates and approving position changes, and adjusting and establishing various fees and rates; recommendation that City Council, Housing Authority, Redevelopment Agency and Parking Authority adopt resolutions adopting the FY 2001-02 Budget; and approve revised objectives and performance measures for the Police Department Downtown Transit Mall, and for the City's Homeless Liaison Program, was presented.

Members of the public Phyllis Goff and Ken Ward spoke in support of funding for the Mountain View Mobile Home site.

The following members of the public spoke in support of funds for the Santa Monica-Malibu Unified School District: Tricia Crane, Cheri Orgel, Edith Yapkowitz, Rick Yapkowitz, Julia Brownley, Debbie Mulvaney, Candace Lira, Lynn Leavitt, Justin Brownstone, Janine Brownstone, George George, Marty Smith, Wendy Laufer, Dylan Braun, Luise Jaffe, Jean Gebman, Shari Davis, Judi Abdo, Eileen Corliss, Robin Saxon, Ari Rosemarin, Ralph Mechur, Dennis Zane, Tom Cleys, Andrew Denyer, Betty Mueller, and Rick Gates.

The following members of the public spoke in support of more funding for affordable housing in the City, and of quality of life issues: Paul DeSantis, Joanne Leavitt, David Cole, William Patterson, Franceye Smith, Beth Leder-Pack, and Doris Ganga.

The following spoke in support of parks and green space: David Cole, Frank Swchengel, Susan Cloke, and Forrester Faia.

The following spoke in support of zoning changes in Sunset Park: Allen Davis, Kathy Knight, and Colin Maduzia.

On order of the Mayor, the City Council recessed at 9:30 p.m., and reconvened at 9:50 p.m., with all members present.

Councilmember McKeown was excused at 9:50 p.m.

Councilmember McKeown advised he was recusing himself from the school district funding discussion due to a conflict of interest.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve a $500,000 increase to the School District's funding, from the current $2.5 million to $3 million. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember McKeown

Councilmember McKeown returned at 10:48 p.m.

Councilmember Katz and Mayor Pro Tem Bloom were excused at 10:52 p.m.

Councilmember Katz and Mayor Pro Tem Bloom advised they were recusing themselves from the discussion related to funding of school playgrounds, due to a potential conflict of interest.

Discussion ensued regarding school parks and funding options and needs.

Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to continue the meeting past 11:00 p.m. The motion was approved by voice vote with Councilmember Katz and Mayor Pro Tem Bloom absent.

Councilmember Katz and Mayor Pro Tem Bloom returned at 11:16 p.m.

At the conclusion of school playgrounds discussion, Councilmember Katz and Mayor Pro Tem Bloom returned to the dais.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to advance in placement of Planning priorities the matter of consulting services for the development of City standards for universal accessibility, and staff to return with funding options.

Councilmember Katz andMayor Pro Tem Bloom were excused at 11:23 p.m.

Councilmember Katz and Mayor Pro Tem Bloom advised they were again recusing themselves from the discussion related to funding of school playgrounds, due to a potential conflict of interest.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to set aside $100,000 to augment, if necessary, school and parks programs. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz, Mayor Pro Tem Bloom

Councilmember Katz and Mayor Pro Tem Bloom returned at 11:25 p.m.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to reaffirm the City's $3.6 million, plus $1,993,000 set aside for affordable housing, and reaffirm a commitment of using 1920 Ocean Way for affordable housing. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve the overall budget recommendations, as amended, and further amended to include a commercial parking analysis for ways to increase parking solutions on the east/west corridors, and make the best use of space for parking in residential and commercial; and, include staff's proposed initiation of a new approach to code enforcement consisting of education, proactive investigations and complaint

investigations to maximize enforcement resources, with periodic reports to Council on the status of enforcement.

Motion to amend by Councilmember Genser, seconded by Councilmember Katz, to approve moving ahead to the first quarter in Planning priorities a text amendment for Ocean Park (in response to aa request for a variance for a hillside project) without jeopardizing any project or re-prioritizing. The motion failed by the following vote:

AYES: Councilmembers McKeown, Genser, Katz

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

ABSENT: None

Motion to amend by Councilmember McKeown, to coordinate the public processes for the consulting services for the noise ordinance standards and the car dealership standards, to assist in determining the compatibility of the feedback on the noise ordinance to the car dealership standards. Motion was friendly to maker and seconder.

Discussion ensued regarding planning priorities and the concern raised by Sunset Park residents regarding the erosion of the character of the neighborhood. It was the consensus of Council to acknowledge the City's willingness to work with the neighborhood to build a public record that may serve as a basis for modifying development standards.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to ask staff for a mid-year review of Planning priorities, and to recommend the proper placement of an Ocean Park Text Amendment on the list. The motion was accepted as friendly.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to withdraw $2,740 in membership funds from the Chamber of Commerce. The motion was approved by the following vote:

AYES: Councilmember Genser, McKeown, O'Connor, Mayor Feinstein

NOES: Councilmembers Katz, Holbrook

ABSENT: None

Motion to amend by Mayor Pro Tem Bloom, to set up a community energy conservation and energy efficiency fund, with up to half of the amount of the rebate identified from the utility users tax, and to place priority on providing funding for energy conservation for the Santa Monica-Malibu Unified School District, with the other half being rebated to the consumer. The motion was approved by the following vote:

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

NOES: Mayor Feinstein

ABSENT: None

Original main motion by Mayor Feinstein, seconded by Councilmember Katz, to adopt Resolution No.9673 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE CITY FY'2001-02 BUDGET," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook, Mayor Feinstein

ABSENT: None

Councilmember Holbrook stated, for the record, that he voted against the motion because he opposed the severing of a 100-year relationship with the Chamber of Commerce, and because the City is not refunding 100% of the utility users tax rebate.

Mayor Feinstein stated, for the record, that he voted against because he does believe the City did enough for energy conservation and efficiency which would be the best way to save money for the residents and school district, in both the short and long run.

Motion by Mayor Feinstein and seconded by Councilmember Katz, to adopt Resolution No. 9666 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING SALARY RATES AND APPROVING POSITION CHANGES," Resolution No. 9667 entitled" "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING FEES CHARGED FOR UTILITY EXCAVATION PERMITS," Resolution No. 9668 entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING USER FEES FOR SOCIAL SERVICE, RECREATION AND COMMUNITY PROGRAMS, CLASSES AND SERVICES OF THE DEPARTMENT OF COMMUNITY AND CULTURAL SERVICES," Resolution No. 9669 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING SOLID WASTE FEE STRUCTURE AND SOLID WASTE FEE RATES," Resolution No. 9670 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING THE FEE SCHEDULE FOR WOODLAWN CEMETERY SERVICES," Resolution No. 9671 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING AN ANNUAL CONSUMER PRICE INDEX INCREASE ON WASTEWATER RATES AND FEES," and Resolution No. 9672 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE REGULATIONS FOR THE ADMINISTRATION OF THE CIVIC AUDITORIUM," reading resolutions by title only, and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Motion by Mayor Feinstein, seconded by Mayor Pro Tem Bloom, to approve the recommendation relative the Police Department Downtown Transit Mall, and the City's Homeless Liaison Program. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, the joint special meeting was adjourned at 1:25 a.m., and the City Council reconvened to a joint meeting with the Redevelopment Agency, with all members present.

8-B: CC/RA-2: Extension of time for outstanding promissory notes - recommendation for City Council to renew seven outstanding loans and the Redevelopment Agency to approve and authorize the Chairperson to execute Promissory Notes between the Agency and the City, was presented.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, the joint meeting was adjourned at 1:27 a.m., and the regular meeting of the City Council reconvened, with all members present.

8-C: Resolution approving Gann Appropriations Limit - recommendation to adopt Resolution No. 9674 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE CITY'S GANN APPROPRIATIONS LIMIT FOR FY 2001/02," and Resolution No. 9648 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA APPROPRIATING FY 2000/01 FUNDS TO GANN'ED RESERVES AND/OR DESIGNATED BALANCE SHEET ACCOUNTS," was presented.

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

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

NOES: None

ABSENT: None

9-A: FY 2001/02 One-Year Action Plan submitted to the U.S. Department of Housing and Urban Development (HUD) - recommendation to hold a public hearing and adopt the FY 2001/02 One-Year Action Plan for Community Development Block Grant (CDBG) and HOME entitlement grants from the U.S. Department of Housing and Urban Development, was presented.

There was non one present for the public hearing.

Motion by Councilmember Katz, seconded by Councilmember McKeown, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

On order of the Mayor, all closed sessions were continued to a future meeting.

2-A: Conference with Legal Counsel - Existing Litigation: Tino Degen v. City of Santa Monica, Case No. SC 060 575.

ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: Chateau 16^th Street Villas, LLC and Norman Salter v. City of Santa Monica, Case No. BS 065 985.

ACTION: Not heard.

2-C: Conference with Legal Counsel - Existing Litigation: Michael Duffy v. City of Santa Monica, Case No. SC 061 611.

ACTION: Not heard.

2-D: Conference with Legal Counsel - Existing Litigation: Alice Cole, et al., v. City of Santa Monica, Case No. SC 055 183.

ACTION: Not heard.

2-E: Conference with Legal Counsel - Existing Litigation: Pico Neighborhood Association v. City of Santa Monica, Case No. SC 063 874.

ACTION: Not heard.

2-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067 033.

ACTION: Not heard.

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

ACTION: Not heard.

Councilmember Katz was excused at 1:31 a.m.

7-A: Interim Ordinance No. 2021 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON THE DEVELOPMENT OF AND CONVERSION TO SHORT-TERM HOUSING, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented for introduction and adoption.

Members of the public Jerry Rubin and Arthur Harris, spoke in support of the ordinance.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to introduce and adopt ordinance, reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook

ABSENT: Councilmember Katz

There was no one present for public input.

ADJOURNMENT at 1:45 A.M. in memory of Rachael Diaz Holguin.

On order of the Mayor, the City Council meeting was adjourned at 1:45 a.m., in memory of Rachel Diaz Holguin.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor