CITY COUNCIL MINUTES
JUNE 15, 2004
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on
Tuesday, June 15, 2004, 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
Councilmember
Herb Katz (arrived at 6:05)
Councilmember
Pam O=Connor
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 5:50 p.m., with Councilmember Katz absent. Kate Vernez, Assistant to the City Manager,
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.
Joey Fullmer discussed
various issues related to the Consent Calendar.
Motion by Councilmember
Genser, seconded by Councilmember Feinstein, 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 O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
MINUTES
1-A: The minutes of the April 27, 2004, City Council meeting,
were approved, as submitted.
DONATION OF DOUGLAS DC 3
1-B: Donation of a Douglas DC-3 Aircraft from the Museum of Flying
- recommendation to accept donation
of aircraft to be used for a proposed
monument project at the Santa Monica Airport, and authorize the City Manager to
sign necessary documentation authorizing transfer of ownership to the City, was
approved.
SALES TAXES
1-C: Recommendation to oppose further state attempts to swap sales
tax for property tax as part of restructuring state local fiscal relationship,
was approved.
CLOSED SESSIONS:
Councilmember Katz
arrived at 6:05 p.m.
On order of the Mayor, the
City Council recessed at 5:56 p.m., to hear closed sessions and returned at
6:50 p.m., with all members present to report the following action taken:
2-A: Conference with Legal Counsel B Existing Litigation: Larry Ochoa v. City of Santa Monica, Case No. SC 075 968.
Motion by Councilmember
Holbrook, seconded by Councilmember O=Connor to
approve settlement in the amount of $20,000.
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
2-B: Conference with Legal Counsel B Anticipated Litigation.
Number of cases: One.
Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to approve a settlement in the claim of Teddy
Tillet in the amount of $21,243.60 for damages from a main line sewer back
up. 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
2-C: Conference with Legal Counsel B Existing Litigation: AB Cellular LA, LLC dba AT&T Wireless v. City of Santa
Monica, Case No. CV 03-9129.
ACTION: Not heard.
2-D: Conference with Legal Counsel B Existing Litigation: Action Apartment Association v. City of Santa Monica, Case
No. B 165082.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Baron & Budd, P.C., et al.,
Case No. BC 315 186.
ACTION: Heard.
No reportable action taken.
ORDINANCES:
TAXICAB OWNERS/DRIVERS
7-A: Second reading and adoption of Ordinance No. 2126 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO TAXICAB OWNERS AND DRIVERS,@ was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Holbrook, 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
SIDEWALK CAFES
7-B: Second reading and adoption of Interim Ordinance No. 2127
(CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING,
WITH MODIFICATIONS, THE INTERIM ORDINANCES ALLOWING ADMINISTRATIVE APPROVAL OF
SIDEWALK CAFES AND WAIVING THE PARKING REQUIREMENT FOR SIDEWALK CAFES OF A
SPECIFIED SIZE,@ was presented.
Motion by Mayor Pro Tem
McKeown, 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
DIVING OFF PIER
7-C: Second reading and adoption Ordinance No. 2128 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 10 OF THE MUNICIPAL CODE RELATING TO DIVING OFF OF AND SWIMMING NEAR
THE SANTA MONICA PIER,@ was presented.
Motion by Mayor Pro Tem
McKeown, 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
RECESS
On order of the Mayor, the
City Council recessed at 7:20 p.m., to a joint meeting of the Housing
Authority, Parking Authority, and the Redevelop-ment Agency to take action on
Item 8-A, and reconvened at 7:25 p.m., with all members present.
SPECIAL JOINT MEETING
On order of the Mayor, Items
8-B and 9-A to be heard concurrently.
ADOPTION OF BUDGET
8-B: Adoption of the Fiscal Year 2004-05 Budget - recommendation that each of the four
Agencies adopt respective resolutions approving the 2004-05 Budget. Recommendation that the City Council approve
Community Priorities; adopt resolution establishing new classifications and
salary rates; adopt six resolutions establishing fees for use of facilities and
parking; use of the Swim Center and Miles Memorial Playhouse; setting taxicab
decal fees; setting emergency medical services fees; amending fee
provisions for annual inspections; and
,setting fees for use of traffic database.
Also, that City Council direct staff to return with resolution placing a
measure on the November 2004 election to increase the Transient Occupancy Tax,
adopt a resolution establishing Gann Appropriations Limit; and, approve the
Planning and Community Development Priorities.
The following members of the
public spoke in support of Council adopting a living wage: Lauralee Asch, Erica
Zeitlin, Bruria Finkel, Sonya Sultan, Sandy Richards, and Vivian Rothstein.
Members of the public
Nathaniel Trives, David Bendett, Mary Elizabeth Booth, John Petring, Francis
Gasking, Jennifer Argento, Paul Dolia, and Arthur Fisher spoke in support of
funding for the symphony.
Members of the public Louise
Gabriel, Jean McNeil Wyner, and Iao Katagiri spoke in support of funding for
the Historical Society.
Members of the public Morgan
Moore, Maynard Ostrow, June Lockhart, Sally Molloy, Chuck Allord, Gleam Davis,
Ana Jara and Mariza Bravo spoke in support of funding for various projects
including the Police Mounted Unit, domestic violence, and the Pico Neighborhood.
Discussion ensued on
comments made during public comment, including the support for funding a living
wage in the City.
Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to adopt Resolution No. 9954 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE 2004-05 BUDGET.@
Motion to amend by
Councilmember Genser, seconded by Councilmember McKeown, to direct staff to prepare necessary documents to
implement an $11.50 living wage for city workers and return for approval as
soon as possible; as to contract employees, direct staff to prepare the
necessary documents and return for approval of implementation no later than
January, 2005; funds are to come out of the $300,000 set aside for employee
benefits, wage not applicable to apprenticeship or internship positions that
are normally excluded in labor negotiations by mutual consent; applicable to
contracts that have a $50,000 floor for services, not goods; non-profits and
governmental agencies to be exempt from the wage; and living wage to be subject
to cost of living adjustments in years that the City provides a cost of living
adjustment to its employees. The motion
was approved by the following vote:
AYES: Councilmembers Genser, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers
O=Connor, Holbrook, Katz
ABSENT: None
Motion to amend by
Councilmember Holbrook, seconded by Councilmember Katz, to approve $50,000 in funding for the Historical
Society and directing staff to analyze their on-going needs and make
recommendations in the January 2005 budget priority session. The motion was accepted as friendly by the
maker and seconder.
Motion to amend by Mayor
Bloom, seconded by Councilmember Katz,
to approve funding of $11,000 for the Symphony. The motion was accepted as friendly by the maker and seconder.
Motion to amend by Mayor
Pro Tem McKeown, to approve $10,000
for domestic violence services. The
motion was accepted as friendly by the maker and seconder.
Motion to amend by Mayor
Pro Tem McKeown, to award $1,000 for
the Smart Voter Project. The motion was
accepted as friendly.
Motion to amend by
Councilmember Feinstein, to direct
staff to continue exploring land acquisition opportunities. The motion was accepted as friendly.
Motion to amend by
Councilmember Feinstein, to direct
staff to explore creating a streaming video of the Leadership Series for public
access, and to return with an information item on possible streaming audio of
board and commission meetings. The
motion was accepted as friendly.
Motion to amend by
Councilmember Feinstein, to look at
the supply of old classic Big Blue Buses and advise if supply is to be depleted
so that Council can consider giving direction on other possible uses for the
buses. The motion was accepted as
friendly.
Motion to amend by
Councilmember Genser, to direct
staff to return with information on the option of asking or requiring
vendors/contractors/ grantees to offer domestic partnership protection to its
employees. The motion was accepted as
friendly.
Motion to amend by Mayor
Pro Tem McKeown, to direct staff to
investigate options available of having wireless internet access in certain
public places, to add the analysis to the work plan and return to Council with
information. The motion was accepted as
friendly.
The main motion, as amended,
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 Mayor Pro Tem McKeown, to adopt Resolution No. 9956 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
NEW CLASSIFICATIONS AND SALARY RATES,@ 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 O=Connor, seconded by Councilmember Feinstein, to adopt Resolution No. 9947 (CCS) (user fees),
Resolution No. 9948 (CCS) (fees for use of facilities), Resolution No. 9949
(CCS) (fees for use of swim center & Miles Playhouse), Resolution No. 9950
(CCS) (taxicab decal fee), Resolution No. 9951 (CCS) (fees for Paramedic
services), Resolution No. 9952 (CCS) (fee for annual inspection by Fire Dept.),
Resolution No. 9953 (CCS) (fees for use of traffic database), reading by titles
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 Mayor Pro Tem
McKeown, seconded by Councilmember Katz, to direct staff to prepare a resolution placing a measure on the
November 2004 election to increase the Transient Occupancy Tax (TOT). 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 Councilmember O=Connor, to
adopt Resolution No. 9955 (CCS) entitled, AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
GANN APPROPRIA-TIONS LIMIT,@ 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 O=Connor, seconded by Mayor Bloom, to approve the Planning and Community Development
Priorities, amended to direct staff to hold a public hearing on proposed
Downtown Development Standards and then decide whether to direct staff to
prepare ordinance or defer to the General Plan Update. The motion was approved by the following
vote:
AYES: Councilmembers Holbrook, Katz,
Feinstein, Mayor Bloom
NOES: Councilmembers
O=Connor, Genser, Mayor Pro Tem McKeown
ABSENT: None
Mayor Pro Tem McKeown
stated, for the record, that he voted against because he fears risking the
public trust by bringing a contentious issue back in the middle of summer
without further public outreach or workshops.
PUBLIC HEARINGS:
Councilmembers Katz and O=Connor were excused at 11:10 p.m.
CDGB ONE-YEAR ACTION PLAN
9-A: Public Hearing to receive pubic comment and recommendation to
adopt the FY 2004-05 One-Year Action Plan, as required by the U.S. Department
of Housing and Urban Development.
Motion by Councilmember
Feinstein, seconded by Mayor Pro Tem McKeown, to approve staff recommendation.
The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Genser,
Holbrook, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Katz, O=Connor
ADJOURNMENT OF SPECIAL JOINT
MEETING
Councilmember O=Connor returned at 11:14 p.m.
On order of the Mayor, the
special joint meeting of the City Council, the Housing Authority, the Parking
Authority, and the Redevelopment Agency was adjourned at 11:12 p.m., and
reconvened to a special joint meeting of the City Council and Redevelopment
Agency, with Councilmember Katz absent.
SPECIAL JOINT MEETING
CITY COUNCIL AND THE
REDEVELOPMENT AGENCY:
PROMISSORY NOTES
8-C: Renewal of Outstanding Promissory Notes B recommendation that the City Council and the
Redevelopment Agency agree to renew the six outstanding loans and approve and
authorize the Mayor and the Chairperson, respectively, to execute the
promissory notes, was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember O=Connor, to
approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Feinstein, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
ADJOURNMENT OF SPECIAL JOINT
MEETING
On order of the Mayor, the
special joint meeting of the City Council and the Redevelopment Agency
adjourned at 11:25 p.m., with Councilmember Katz absent.
PICO YOUTH FAMILY CENTER
8-D: Pico Youth and Family Center Community Development Program
Grant B recommendation to authorize the City Manager to
negotiate and execute a three-month grant Agreement No. 8351 (CCS) with Public
Health Foundation Enterprises and a nine- month grant Agreement No. 9352 (CCS)
with the Pico Youth and Family Center directly for operation of the center, was
presented.
Members of the public Albert
Casas, Chris Featherstone, Maria Echeverria, Tiffany Martinez, Franky de la
Torre, Alejandro Aldana, Oscar de la Torre, Abby Arnold, and Haimanot Habtu
spoke in support of the recommendation.
Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to
approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Feinstein, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
COUNCIL ITEMS:
Councilmember O=Connor was excused at 11:53 p.m.
GROUND SQUIRRELS
13-A: Request of Mayor Pro Tem McKeown that the Council authorize
staff to seek a delay from County Supervisors on the recently received County
of Los Angeles order to poison ground squirrels in Palisades Park, and request
that the County explore other methods of disease vector control if needed, such
as killing the fleas instead of the squirrels, was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Feinstein, to approve request and if delay is denied, to ask the County to
explore other methods of disease control.
Motion to amend by
Councilmember Genser, to direct
staff to quickly investigate other methods, inform the County of action being
taken and if no alternative found, to comply with the order. The motion was accepted as friendly by the
maker and seconder. The motion was
approved by the following vote:
AYES: Councilmembers Genser, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember
Holbrook
ABSENT: Councilmember
Katz, O=Connor
PUBLIC INPUT:
There was no one present for
public comment.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 12:10 a.m.
ATTEST: APPROVED:
Maria
M. Stewart Richard
Bloom
City
Clerk Mayor