CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

JUNE 17, 2003

 

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:54 p.m., on Tuesday, June 17, 2003, at City Council Chambers, 1685 Main Street.

 

Roll Call:          Present:            Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:00 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:10 p.m.)

 

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 5:54 p.m., with Councilmembers Holbrook and O=Connor absent.  Councilmember Genser  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.

 

There was no one present for public comment.

 

Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, 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, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:             None

ABSENT:        Councilmembers Holbrook and O=Connor

 

FEDERAL FUNDING


1-A:     Letter of support for federal funding - recommendation to authorize the Mayor to send a letter of support for federal funding of the Urban Park Recreation Recovery Program and the Land and Water Conservation Fund, was approved.

 

ACELEBRATE AMERICA 4TH OF JULY@ EVENT

1-B:     Recommendation to approve Santa Monica=s College request to use fireworks in the 20th Annual Celebrate America@ Concert Program on June 28, 2003, was presented.

 

CLOSED SESSIONS:

 

Councilmember O=Connor arrived at 6:10 p.m.

 

Councilmember Holbrook arrived at 7:00 p.m.

 

On order of the Mayor, the City Council recessed at 6:05 p.m., to hear closed sessions and reconvened at 7:00 p.m., with all members present, to report the following:

 

2-A:     Conference with Legal Counsel B Existing Litigation:  Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683.

 

ACTION:         Not heard.

 

2-B:     Conference with Legal Counsel B Existing Litigation:  City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

 

ACTION:         Not heard.

 

2-C:     Conference with Legal Counsel B Existing Litigation:  U-Liner West v. Clarke Contracting v. City of Santa Monica, Case No. SC 067 081.

 

ACTION:         Not heard.

 

2-D:     Conference with Legal Counsel B Anticipated Litigation.

Number of cases:  One.

 

ACTION:         Not heard.

 

2-E:     Conference with Labor Negotiator.

            City Negotiator:    Karen Bancroft, Director of Human Resources

            Bargaining Units:   Administrative Team Associates,
                           Management Team Associates, Supervisory Team Associates,
                           Public Attorneys' Legal Support Staff Union, Santa Monica
                           Firefighters 


ACTION:         Heard.  No reportable action taken.

 

SPECIAL  ITEMS:

 

FINANCE DIRECTOR COMMENDATION

4-A:     On behalf of the City Council, Mayor Bloom presented a commendation to Mike Dennis, Finance Director, upon his retirement for his dedication and service to the City of Santa Monica.

 

ORDINANCES:

 

INSPECTION FEES

7-A:     Second reading and adoption of Ordinance No. 2081 (CCS) entitled: AAN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.72.010 OF THE MUNICIPAL CODE AUTHORIZING FEES FOR SYSTEMATIC INSPECTIONS AND ENFORCEMENT ON PRIVATE PROPERTY AND FOR COMMERCIAL USE OF PUBLIC PROPERTY,@ was presented.

 

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

 

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

NOES:            None

ABSENT:       None

 

MORATORIUM ON RETAIL USES

7-B:     Second reading and adoption Interim Ordinance No. 2082 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE GROUND FLOOR OF THE THIRD STREET PROMENADE WITH LIMITED EXCEPTIONS,@ was presented.

 

Motion by Councilmember Feinstein, 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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

STAFF ADMIN. ITEMS:


SPECIAL JOINT MEETING - BUDGET ADOPTION

 

SPECIAL JOINT MEETING WITH THE HOUSING AUTHORITY,  PARKING AUTHORITY AND REDEVELOPMENT AGENCY:

 

8-A:     Adoption of the Fiscal Year 2003-04 Budget; approval of various fees; approval of Facility Use Agreements with School District; and approval of enhanced funding for ACelebrate America@  - recommendation to approve the Community Priorities; adopt Resolution Nos. 9863 (CCS), 78 (HAS), 481 (RAS), and 240 (PAS)   approving the budget, as amended; adopt Resolution No. 9857 (CCS) entitled:  AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES,@ Resolution No. 9858 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING POLICE, FIRE AND CITY CLERK FEES@; Resolution No. 9859 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING VARIOUS SWIM CENTER AND PLAYHOUSE FEES@; Resolution No. 9860 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING SOCIAL SERVICES FEES@; Resolution No. 9861 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING PARKING SPACES AND PARKING LOT FEES; Resolution 9862 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING FILM PERMIT FEES@; introduce for first reading an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE RELATING TO PARKING AND ESTABLISHING CIVIL PENALTIES FOR PARKING VIOLATIONS; authorize the City Manager to execute Master Facilities Use Agreement No. 8210 (CCS); and allocate up to $15,000 for the 2003 ACelebrate America@ event, was presented.

 

The following members of the public spoke in support of school funding: John Petz, John Deasy, Michael Dubin, Ed Rhee, Cheri Orgel, Maria Rodriguez, Beth Leder Pack, Nat Trives, Alan Friedenburg, Dennis Zane, Jerry Rubin, Gleam Davis, Ralph Mechur, Donald Anderle, Harley Frankel, Zina Josephs, Keryl Cartee, Louise Jaffee, Judy Abdo, and Ruth Campos.

 

Member of the public Lauralee Asch, representing City employees= coalition, spoke in opposition to lay-offs of City employees.

 

The following member of the public spoke in support of funding for the arts:  Lisa Jelandin, Jane Hall, Jan Williamson, Greg Spotts, Leigh Grode, Danielle Brazell and Clayton Campbell.

 

The following members of the public spoke in support of funding for child care and after school programs: Lizzy Bentley, Gleam Davis, Alejandro Rodriguz, Sebastian Montero and Megan Lands.

 

The following members of the public spoke in support of funding for the symphony: Dave Caplin, Allen Gross, Maynard Astra, and Mike Gruning, Member of the public June Lockhart spoke in support of funding for the Police Department equestrian unit.


Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the proposed Community Priorities.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       None

 

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to adopt Resolution No. 9857 (CCS) establishing new classification and adopting salary rates; and adopt Resolution Nos. 9858 (CCS), 9859 (CCS),  9860 (CCS), 9861 (CCS), and 9862 (CCS) setting various fees, and reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

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

NOES:            Councilmember Holbrook

ABSENT:       None

 

Motion by Councilmember O=Connor, seconded by Councilmember Genser, to introduce and hold first reading of the proposed 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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

Motion by Councilmember Katz, seconded by Mayor Bloom, to approve allocation of funds for the ACelebrate America@ event.  The motion was approved by the following vote.

 

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

NOES:             None

ABSENT:        None

 

Mayor Pro Tem McKeown was excused at 9:50 p.m.

 

Mayor Pro Tem McKeown advised that he had a conflict of interest in matters dealing with school funding and recused himself from participation.

 

Motion by Councilmember Genser, seconded by Councilmember Katz, to approve an additional $2.5 million, in addition to the on-going $3.0 million, to the school district.


Substitute motion by Councilmember Feinstein, seconded by Mayor Bloom, that in addition to the on-going $3.0 million, approve an additional one-time $2.0 million.  The substitute motion failed by the following vote:

 

AYES:             Councilmembers Holbrook, Feinstein, Mayor Bloom

NOES:             Councilmembers O=Connor, Genser, Katz

ABSENT:        Mayor Pro Tem McKeown

 

Discussion ensued on the City=s state of the budget, other various funding needs and on the state of the economy.  After considerable discussion, Councilmembers Genser and Katz withdrew their original motion.

 

Motion by Councilmember Genser, seconded by Councilmember Katz, that in addition to the on-going $3.0 million, approve an additional $2.25 million for school funding, and authorize the City Manager to execute Contract No. 8210 (CCS) with the School District.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, Holbrook,, Mayor Bloom

NOES:             Councilmember O=Connor

ABSENT:        Mayor Pro Tem McKeown

 

Councilmember O=Connor stated, for the record, that she voted in opposition because although she approves of the on-going $3.0 million, to the school district, the amount of the one-time money is too high and does not put the City on a solid economic foundation.      

 

Mayor Pro Tem McKeown returned at 10:52 p.m.

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt Resolution No. 9863 (CCS) adopting the budget, excluding the school funding, amended to:  increase funding for the symphony for a total grant of $24,000; approve allocation of $12,500 to keep the mounted police through December 31, 2003, to allow for private fund raising by members of the public and directing staff to work with the fundraisers; set aside $20,000, as a planning grant for the 18th Street Arts Center; restore $4,500 for tree replacement; restore $20,000 for parks maintenance; set aside $2,000 for portable sanitary facilities in the area of 11th and Colorado; add to the work objectives of the City Manager and the City Attorney to focus on the problems of the Center Court on the Promenade; direct staff to look for funding for permanent holiday season lighting in the business districts; to not direct staff to prepare ordinances relative to election fees; approve on-going allocation of $8,000 for PERS benefits for Councilmembers; and direct Planning staff to provide a quarterly report on the number of enforcement actions taken each quarter.

 

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


NOES:            None

ABSENT:       None

 

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to reconsider the vote for the resolution including a $25 election candidate filing fee.  The motion was approved, with Councilmember Holbrook voting in opposition and with all members present.

 

Motion by Councilmember Genser, seconded by Councilmember Katz, to delete the $25 candidate filing fee from the above resolution.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       None

 

ADJOURNMENT

 

On order of the Mayor, the joint meeting of the City Council, Housing Authority, Parking Authority, and Redevelopment Agency was adjourned and a special joint meeting of the City Council and the Redevelopment Agency was convened at 12:30 a.m., with all members present.

 

SPECIAL JOINT MEETING:

 

PROMISSORY NOTES

8-B:     Extension of time for outstanding Promissory Notes B recommendation that the City Council and Redevelopment Agency agree to renew six outstanding loans, and authorize the Mayor and Chair to execute the Promissory Notes between the Agency and the City, was presented.

 

There was no one present for public comment.

 

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

 

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

NOES:            None

ABSENT:       None                          

 

ADJOURNMENT

On order of the Mayor, the special joint meeting was adjourned and the regular City Council meeting reconvened at 12:35 a.m., with all members present.

 


GANN APPROPRIATIONS

8-C:     Resolutions relating to Gann Appropriations and reserves - recommendation to adopt Resolution No. 9864 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE CITY=S GANN APPROPRIATIONS LIMIT FOR FY 2003/04,@ and Resolution No. 9865 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROPRIATING FY 2002/03 FUNDS TO GANN=ED RESERVE AND/OR DESIGNATED FUND BALANCE SHEET ACCOUNTS,@ was presented.

 

There was no one present for public comment.

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the resolutions, 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 Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

COMMUNITY DEVELOPMENT PLAN

8-D:     Community Development Plan (FY2003-06) and the Cultural/Arts Organizational Support Grant Program Plan (FY 2003-06) B recommendation to adopt the proposed Community Development and Support Grant Program Plans, authorize the City Manager to negotiate and execute contracts with organizations approved for funding; to negotiate and execute lease agreements; to convene a public hearing, receive comment and adopt the FY 2003-04 Year Action Plan, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the recommendation amended by the enhancement to the Symphony as approved in item 8-A.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       None

 

PLANNING/WORKLOAD PRIORITIES

 

Councilmembers O=Connor and Holbrook were excused at 12:40 a.m.

 

Councilmember Katz was excused at 12:50 p.m.


8-E:     Recommendation to approve proposed Workload Priorities for Planning and Community Development Department in FY 2003, was presented.

 

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to approve the following changes to the recommendation: move priority 20P (Landmarks Ordinance) to 13P (Text Amendment/Environmental for Housing in the LMSD Zone); to move 13P to 17P (Procedures for Enacting Interim Ordinances); and 17P being removed.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmembers O=Connor, Holbrook, Katz

 

Councilmember Katz returned at 12:55 p.m.

 

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve the recommendation as amended above.  The motion was approved by the following vote:

 

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

NOES:            None

ABSENT:       Councilmembers O=Connor, Holbrook

 

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to direct the City Attorney to research the possibility as to whether an applicant can be made to pay code compliance inspections before getting a permit to do additional work.  The motion was  approved by voice vote, with Councilmember Genser abstaining and Councilmembers Holbrook and O=Connor absent. 

 

PUBLIC INPUT: 

Members of the public Pro Se, Art Casillas and Jeff Norman expressed concerns regarding various issues.

 

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 1:05 a.m., to June 24, 2003, in memory of Kyle Opperman.

 

ATTEST:                                                         APPROVED:

 

 

Maria M. Stewart                                             Richard Bloom

City Clerk                                                        Mayor