CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 27, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:55 p.m., on Tuesday, January 27, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein (arrived at 6:04 p.m.)

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:15 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 5:55 p.m., with Councilmembers Feinstein, Holbrook, and O=Connor absent. Director of the Big Blue Bus Transportation Department Stephanie Negriff 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.

Member of the public Joey Fullmer expressed various concerns. Member of the public Chuck Allord spoke in support of Item 1-E.

At the request of Councilmember Katz, Item 1-A was removed from the Consent Calendar until such a time as five or more Councilmembers are present.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except Item 1-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Holbrook, Feinstein

1520 16^th STREET

1-B: Adopted Resolution No. 9922 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 53408 FOR CONDOMINIUM PROJECT AT 1520 16^TH STREET,@ was adopted

BUS PARTS

1-C: Purchase of bus replacement parts B recommendation to reject all other bids and award Bid No. 2871 to NABI, at specified unit prices, to furnish and deliver replacement parts for transit coaches for the Big Blue Bus, was approved.

BIG BLUE BUS SERVICES

1-D: Big Blue Bus services to ASI-certified passengers B recommendation to authorize the City Manager to negotiate and execute Contract No. 8315 (CCS), Memorandum of Understanding with Access Services Inc. (ASI), to allow fares for ASI-certified passengers and their personal care attendants who ride the Big Blue Bus to be paid directly by ASI, was approved.

SECTION 8

1-E: Section 8 Program Compliance - recommendation to authorize the City Manager to negotiate and execute Contract No. 8316 (CCS), with Compliance Solutions, in the amount of $56,300, to provide various housing programs compliance related services, was approved.

PIER IMPROVEMENTS

1-F: Municipal Pier Structural Improvements Project B recommendation to authorize the City Manager to negotiate and execute Contract No. 8317 (CCS), with Moffatt & Nichol, in the amount of $400,000, for engineering services for the structural improvements to the Municipal Pier, was approved.

SB 108

1-G: Approved recommendation to support State Senate Bill 108 (Romero) creating the Alcohol Related Emergency Services Reimbursement Act.

Councilmember Feinstein arrived at 6:04 p.m.

MOUNTAIN VIEW MOBILE HOME PARK

1-H: Infrastructure Improvements and continued operations at Mountain View Mobile Home Park B recommendation to authorize the City Manager to negotiate and execute Contract No 8318 (CCS), with Nancy Lewis Associates, Inc., in the amount of $79,500, and Contract No. 8319 (CCS), with Mecky Myers and Associates, in the amount of $88,500, to provide development and relocation consulting services, respectively; and authorize the City Manager or her designee to carry out necessary and appropriate tasks for the planning of infrastructure improvements and continued operations at the Mobile Home Park, was approved.

CLOSED SESSIONS

Councilmember O=Connor arrived at 6:15 p.m.

CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:04 p.m., to consider closed sessions and reconvened at 6:55 p.m., with Councilmember Holbrook absent.

On order of the Mayor, the City Council returned to the consideration of Item 1-A.

Councilmember Katz advised he was recusing himself due to a conflict of interest with this matter.

Councilmember Katz was excused at 6:57 p.m.

212 MARINE STREET

1-A: Resolution No. 9921 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 53565 FOR CONDOMINIUM PROJECT AT 212 MARINE STREET,@ was presented.

Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz

CLOSED SESSIONS

Councilmember Katz returned at 6:59 p.m.

On order of the Mayor, the City Attorney reported the following action taken on closed sessions:

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

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel B Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, District Court Case No. CV 03-0032 R (JTLx) (Appeal No. 03-56623).

ACTION: Heard. No reportable action taken.

2-C: 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-D: Conference with Legal Counsel B Existing Litigation: Paul Macy v. City of Santa Monica, Case No. SC 076 002.

Motion by Councilmember Feinstein, seconded by Mayor Bloom, to approve settlement in the amount of $60,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

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

Number of cases: Seven.

ACTION: One case heard. No reportable action taken.

INSPIRATION:

Recognition Of Artists Who Participated In A School Residency Program Funded By The California Council On The Arts With Organizational Assistance By The 18^th Street Arts Center.

The Mayor presented commendations to participants in the program.

ORDINANCES:

PUBLIC RIGHT-OF-WAY; VESTIBULE USES

7-A: Second reading and adoption of interim Ordinance No. 2112 (CCS) entitled: AAN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE AUTHORIZING THE PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE IN PRIVATE VESTIBULES@, was presented.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook:

BOOTLEGGED UNITS

7-B: Second reading and adoption of an interim Ordinance No. 2113 (CCS) entitled: AAN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL

INTERIM ORDINANCE WAIVING CERTAIN DEVELOPMENT STANDARDS FOR RENTAL UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS AND REGISTERED WITH THE

RENT CONTROL BOARD PRIOR TO APRIL 22, 2003", 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, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember Holbrook

ALCOHOL CUP=S

7-C: Second reading and adoption of an interim Ordinance No. 2114 (CCS) entitled: AAN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUP=S MUST OBTAIN NEW ALCOHOL CUP=S IF THE ESTABLISHMENT CEASES OPERATING FOR A PERIOD IN EXCESS OF ONE YEAR, EXCEPT THAT, FOR PREMISES IN THE CM DISTRICT, THE TIME PERIOD SHALL BE SIX MONTHS@, was presented.

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

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

NOES: None

ABSENT: Councilmember Holbrook

STAFF ITEMS:

Councilmember Holbrook arrived at 7:15 p.m.

MID-TERM BUDGET

8-A: Mid-Term Budget Review B Approved recommendation that the City Council approve proposed budget changes; that City Council adopt Resolution No. 9923 (CCS) entitled: A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR COMMUNITY SERVICES PROGRAM SUPERVISOR-SENIOR SERVICES, COMMUNITY SERVICES SPECIALIST IV-CULTURAL ARTS, LIABILITY CLAIMS TECHNICIAN, SENIOR ENVIRONMENTAL ANALYST BB HAZARDOUS MATERIAL, SENIOR ENVIRONMENTAL ANALYST-SUSTAINABLE CITY, AND SUPPORT SERVICES ASSISTANT@; received public comment and received the Community Priorities Update, Community Development Block Grant, Home Investment Partnership Act Programs, and Planning & Community Development Department work priorities; and provided direction to staff regarding budget preparation, was presented.

The following members of the public spoke on various issues:

Tricia Crane, John Petz, Donna Block, David Cole, and Frank Schwengel spoke in support of funding to keep and add, if possible, open spaces. Joey Fullmer expressed various concerns.

Sam Genensky and Christopher Arroyo spoke in support of funding for the Disability Commission. David Benedict and Sheila Wells spoke in support of funding for the Symphony Orchestra. Louise Gabriel spoke in support of funding for the Historical Society.

Lauralee Asch and Shane Talbot spoke in opposition to additional ongoing funding for the School District. Ellen Khokha, Gleam Davis and April Wright spoke in support of funding for child care. Sonya Sultan, Edith Mendez, Katy Ersken, Rita Lowenthal, Jose Monjaras, Maria Avilez, and Oscar Esgenio spoke in support of a Living Wage ordinance.

The following members of the public spoke in support of funding for youth, arts and school: Art Casillas, Mike Gruning, Wes Terry, Keith Mason, Jan Williamson, Greg Spots, Denny Zane, Jerry Rubin, Ralph Mechur, Bill Broesamle, Jose Escarce, John Deasy, Maria Rodriguez, Louise Jaffe, Rick Gates, Bob Kronovet, Kelly Hayes-Raitt, Judy Abdo, Maria Loya, Irma Carranza, Yolanda de Cordova, Oscar de la Torre, and Mariza Bravo.

Darlene Evans and Nat Trives spoke in support of funding for the Martin Luther King Holiday. Craig Jones, Chris Antzoulatos and Tim Ball spoke in support of additional funding, including higher fees, for Planning and Building services. Tom Larmore spoke in support of creating a committee to address the living wage issue.

Discussion ensued regarding the topics raised by members of the public, the status of the City=s and the State=s finances, programs for residents and capital improvement projects and Council=s priorities given the projected budget for the next fiscal year.

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to approve the budget changes, as proposed. 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

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to adopt the resolution, 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

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to direct staff to explore revenue enhancements including but not limited to the transient occupancy tax, transportation impact fees, property transfer tax; explore feasibility of a comprehensive land use and element revision; explore raising fees for planning functions, as proposed by some members of the public, tied in with evaluation of cyclical nature of built in booms and busts; and look at possibility of boards and commissions having less formal meetings and encouraging individual members to interact with the community and promote public awareness of municipal issues. 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 requested to be recused from the discussion regarding school funding due to a conflict of interest because of his employment relationship with the School District.

Mayor Pro Tem McKeown was excused at 11:41 p.m.

Motion by Mayor Bloom, seconded by Councilmember Feinstein, that as to school funding, the City=s goal is to maintain the current basic level of on-going funding, and continue to seek methods for long-term funding while at the same time find a new revenue source to support an additional on-going amount, and if that is not possible, to find a one-time resource in order to maintain the current on-going and one-time funding.

Discussion ensued regarding the merits of the motion. Councilmember Genser offered an alternate motion.

Motion by Councilmember Genser, seconded by Councilmember Katz, to maintain the $5.25 million funding, direct staff to work towards determining methods to have it come from an on-going revenue stream, and if possible, enhance the $5.25 million.

Mayor Bloom withdrew his motion.

Additional discussion ensued on the alternate motion.

Substitute motion by Mayor Bloom, seconded by Councilmember Katz, to maintain the current funding of $3.0 million; to respond to the requests of the community to maintain or increase one-time funding, or on-going funding including trade-offs; and continue to explore prior Council direction regarding enhanced funding and the development of new on-going revenue sources. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember McKeown

Councilmember Holbrook was excused at 12:36 a.m.

Mayor Pro Tem McKeown returned at 12:39 a.m.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve budget issues that needed to be done in the short term, including: exploring parking, options regarding playgrounds, providing assistance to the Historical Society, and enhancing inspection activities either through contract or permanent employees. The motion was approved by voice vote with Mayor Pro Tem McKeown abstaining, and Councilmember Holbrook absent.

REPORTS OF BOARDS AND COMMISSIONS:

Councilmember Katz was excused at 12:40 p.m.

DISABILITIES COMMISSION

10-A: Approved request from the Disabilities Commission that the City Council approve it=s request to undertake advocacy efforts directed to county, regional and state officials to provide funding to continue health and human services impacting people with disabilities.

The matter was presented by Disabilities Commission Member Christopher Arroyo. There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve request to be channeled through the City Council.

Discussion ensued on the logistics of the request, the entities involved and the services affected.

The main motion was withdrawn by the maker and the seconder.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve the request, provided it is channeled through the City Manager=s office. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, Holbrook

PLANNING COMMISSION

10-B: Recommendation from the Planning Commission that Council consider an update to the City=s traffic analysis methodology and technology as part of the Circulation Element review.

On order of the Mayor, this matter was continued to February 10, 2004.

WRITTEN COMMUNICATIONS:

LIVING WAGE

12-A: Request of Vivian Rothstein to address City Council requesting that Council direct staff to estimate costs and draft a living wage ordinance covering employees of the City of Santa Monica and companies doing business with the City, was presented by Ms. Rothstein.

Member of the public Ana Jara spoke in support of the request.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

COUNCIL ITEMS:

STATUS OF WOMEN

13-A: Appointment Elizabeth Riel to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2007.

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

Councilmember Feinstein nominated Elizabeth Riel. There being no other nominations, Ms. Riel was appointed by acclamation, with Councilmembers Katz and Holbrook absent.

SENIOR COMMUNITY COMMISSION

13-B: Appointment to one 2002 annual vacancy on the Commission for the Senior Community for a term ending June 30, 2006.

On order of the Mayor, this matter was continued to February 10, 2004.

PERSONNEL BOARD

13-C: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30, 2006.

On order of the Mayor, this matter was continued to February 10, 2004.

LANDMARKS COMMISSION

13-D: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004.

On order of the Mayor, this matter was continued to February 10, 2004.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 1:05 a.m. to February 10, 2004, in memory of Pearl White.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor