CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 21, 2005

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Katz at 5:48 p.m., on Tuesday, June 21, 2005, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Pam O=Connor (arrived at 6:00 p.m.)

Mayor Pro Tem Herb Katz

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Bobby Shriver (arrived at 6:00 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 Pro Tem, the City Council convened at 5:48 p.m., with Councilmember Shriver and Mayor O=Connor absent. Councilmember McKeown 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 discussed various concerns.

Motion by Councilmember Genser, seconded by Councilmember Bloom, 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, Holbrook, McKeown, Bloom, Mayor Pro Tem Katz

NOES: None

ABSENT: Councilmember Shriver, Mayor O=Connor

AB1612

1-A: Resolution No. 10042 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE MAYOR TO SUBMIT A LETTER OF SUPPORT FOR AB 1612, CIGARETTE POLLUTION AND LITTER PREVENTION ACT OF 2005,@ was adopted.

BAY SAVER WATER CONSERVATION

1-B: Contract for Bay Saver Water Conservation Program B recommendation to authorize the City Manager to negotiate and execute Contract No. 8486 (CCS) with Kema, Inc., in the amount of $100,000, for Fiscal Year 2005-06 and $80,000 for Fiscal Year 2006-07, for the City=s water conservation Bay Saver Program, was approved.

CLOSED SESSIONS (Mayor O=Connor and Councilmember Shriver arrived at 6:00 p.m.)

On order of the Mayor Pro Tem, the City Council recessed at 5:57 p.m., to consider closed sessions and returned at 7:05 p.m., to report the following with all members present:

2-A: Conference with Legal Counsel B Existing Litigation: First National Bank v. Baird Company, et al., Case No. 02 CV 610.

ACTION: Not heard.

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

ACTION: Not heard.

2-C: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Baron & Budd, P.C., Case No. BS 315 186.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel - anticipate significant exposure to litigation pursuant to Government Code Section 94956.9(b): 4 cases, including one dispute related to real property located at 1522 6th St.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Katz, as related to the dispute with Arch Insurance Group and the Park Replacement Project obligations under the Bond, that the City will settle (Contract No. 8498 (CCS)) the dispute for a payment of $200,000 from Arch Insurance and Arch Insurance=s promise to forebear its claim to $147,000 which might otherwise be payable to them by the City. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

The City Attorney reported that the other three cases were not heard.

STAFF ITEMS:

WATER AND SOLID WASTE RATES

8-A: Discussion and direction to staff regarding modification of Water and Solid Waste rates for adoption with the FY 2005/06 budget and plans for Wastewater rate modification in FY 2006/07, was presented.

Members of the public Joey Fullmer and Joe Natoli discussed aspects of the subject matter.

Motion by Councilmember McKeown, seconded by Councilmember Genser, that as to water rates, staff conduct a rate study including a restructure of the tiered system to improve sustainability and that those who use more water have increased rates and those using less water be given a reward.

Motion to amend by Councilmember Genser, seconded by Councilmember Holbrook, to amend the motion to approve a 2.2% increase in addition to the proposed 3.98% CPI, for a total of 6%, effective July 1, 2005, or as soon after as legally possible. The motion was approved by the following vote:

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

NOES: Councilmembers McKeown, Shriver, Mayor Pro Tem Katz

ABSENT: None

Motion to amend main motion by Councilmember Shriver, to include studying the cost of delivering services to customers, and efficiencies. The motion was accepted as friendly.

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

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, that as to the solid waste rates, there be a study including looking at operational efficiencies; and in addition to the proposed 3.8% CPI increase for next fiscal year also include a 10% increase maximum for all rate categories.

Motion to amend by Mayor Pro Tem Katz, that staff return with a report breaking down all expenses by program. The motion was accepted as friendly.

Motion to amend by Councilmember McKeown, to include sustainability issues in the report. The motion was accepted as friendly.

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

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

Mayor O=Connor

NOES: None

ABSENT: None

SPECIAL JOINT MEETING

On order of the Mayor, the regular meeting of the City Council recessed at 8:40 p.m., to a joint meeting with the Housing Authority, Parking Authority and Redevelopment Agency, with all members present.

2005-06 BUDGET

8-C: Adoption of the Fiscal Year 2005-06 Budget B recommendation that City Council adopt resolution establishing new classifications and adopting salary rates; resolutions establishing and increasing various fees; resolution establishing the City=s Gann appropriations limit; and authorize the City Manager to negotiate and execute contracts with organizations approved for funding in the Community Development Plan. Recommendation that the Council, the Housing Authority, the Parking Authority, and Redevelopment Agency adopt respective resolutions adopting the budget. Recommendation that the City Council and the Redevelopment Agency approve amendments to, and authorize the City Manager and Executive Director respectively, to execute promissory notes and their conversion to demand notes, was presented.

Members of the public Louise Gabriel, Jean McNeil Wyner, Ricardo Bandini-Johnson, Andrea Engstrom, and Kristin Chapin spoke in support of funding for the Historical Society.

Members of the public Michael Gruning, Allen Robert Gross, Paul Dolid and Maynard Ostrow spoke in support of funding for the Symphony.

Members of the public Irene Zivi, Linda Gordon, Marizsa Bravo, Betsy Hiteshew, Patty Oblath, and Judy Abdo spoke in support of funding for child care.

Members of the public Donna Steinberg, Leigh Curran, Asuka Hisa, Jan Williamson, Elena Allen, Fred Dewey, Lee Garcia, and Genise Schnitman spoke in support of funding for the arts.

Members of the public Tom Cleys, Elizabeth Terry, and Nina Fresco spoke in support of funding for historical programs and preservation.

Members of the public Eleanor Blumenberg, Arthur Harris and Jean Sedillos spoke in support of dealing with homeless issues and problems.

Members of the public Francis Hackey, Jerry Rubin, Ben Franz-Knight, Ellen Brennan, Oscar de la Torre, and Zina Josephs spoke to various issues including funding for the Bayside District, the Pier, youth services and traffic and pedestrians.

Motion by Councilmember Holbrook, seconded by Mayor O=Connor, to adopt Resolution No. 10043 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICA-TIONS AND ADOPTING SALARY RATES,@ reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to adopt six resolutions establishing various charges and fees as follows: Resolution No. 10044 (CCS) (Bayside Filming fees); 10045 (CCS) (Bayside Special Events fees); 10046 (CCS) (outdoor dining); 10047 (CCS) (landing fees); 10048 (CCS) (PCD review fees); 10049 (CCS) (CCS fees); reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to adopt Resolution No. 10051 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE CITY=S GANN APPROPRIATIONS LIMIT,@ reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to authorize the City Manager to negotiate and execute contracts with organizations approved for funding through the Community Development Plan. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Mayor O=Connor, seconded by Councilmember Bloom, to adopt Resolution No. 10050 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE BUDGET FOR FY 2005-06,@ reading by title only and waiving further reading thereof, with the understanding that amendments will be made prior to the final vote.

Discussion ensued on the proposed budget, on needs of various organizations and comments made during public comment.

In order to fund the above projects, the following cuts and reductions and proposals were considered: reduce $231,000 in paving costs by reducing the project by seven blocks; cut $25,000 of facilities maintenance CIP; and reduce funding of Santa Monica Festival by $23,000; and add funding of $60,000 from utility tax.

Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to amend the budget and approve a reduction of $231,000 from the street paving project by eliminating 7 blocks; $25,000 from the ongoing facilities maintenance; $23,000 from the Santa Monica Festival budget; and appropriate $60,000 from the utility tax; and that if there are funds for re-funding at mid-year, that these be the first projects to be re-funded. In addition that the following changes be made to the budget: Restore grants to Arts grantees with on-going $41,000 and restore CIP increases for grantees; restore early childhood subsidies ($60,000 ongoing); provide funding for historic inventory ($144,000 one-time, $50,000 ongoing) ; install automatic defibrillators at 13 more sites ($43,093 one-time, $13,403 on-going); fund the AHomeless Secretary@ position ($200,000 one-time); fund additional staff to work on homelessness issues ($170,000); restore funding to the Symphony ($12,200 on-going); award a grant to Historical Society ($50,000 on-going); fund the Ocean Park traffic/parking/crosswalk study funding ($75,000); roll over $50,000 from the East/ West Corridor Study; and reduce by $100,000 the Borderline Study.

The motion to amend was approved by the following vote:

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

NOES: Councilmember Bloom

ABSENT: None

Councilmember Bloom stated, for the record, that he voted Ano@ because he does not understand why Council is cutting a most successful and loved event when the numbers allocated could have been adjusted to avoid a cut to the Festival.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, to direct staff to look at all possible options to restore the $23,000 funding for the Santa Monica Festival. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, as to the main motion, to clarify and give the following direction: that the intersections on Ocean Park Boulevard at 16^th and 17th Streets, be focused upon the Land Use Study and that resources have been allocated for that; that the Crosswalks - Phase Three dollars would be used for safety of crosswalks around school sites; that the red curb program be pursued not just on major boulevards but also on side streets and that the standards come back to Council for public comment; that staff look for a better way to communicate information about recycling to all the residents of the City; that staff return with information on code enforcement; and add to work objectives a no-cost interdepartmental work objective for the better collection of gender-based data. The motion was unanimously approved by voice vote, with all members present.

The main motion to approve Resolution No. 10050 (CCS), as amended, was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Mayor O=Connor, seconded by Councilmember Holbrook, to approve amendments to the outstanding promissory notes including conversion to demand notes, and authorize the Mayor to execute the amendments. The motion was approved by the following vote:

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

Mayor O=Connor

NOES: None

ABSENT: None

ADJOURNMENT OF JOINT MEETING

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 12:14 a.m., and the regular City Council was reconvened with all members present.

PUBLIC HEARINGS:

CDBG/HOME GRANT FUNDS

9-A: Public hearing and approval of Consolidated Plan in conjunction with the City=s FY 2005-06 proposed budget - recommendation to approve the Consolidated Plan and to authorize staff to submit required documents to receive CDBG and HOME entitlement grant funds, was presented.

There was no one present for public comment.

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

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

Mayor O=Connor

NOES: None

ABSENT: None

REPORTS: BOARDS AND COMMISSIONS:

On order of the Mayor, Items 10-A and 13-D were heard concurrently.

LUCE - PUBLIC REVIEW

10-A: Request of the Planning Commission that Council amend the schedule for the Land Use Element, Circulation Element, and Zoning Ordinance update to allow more time for public, Planning Commission and City Council review, was presented.

LUCE - PUBLIC REVIEW

13-D: Request of Mayor Pro Tem Katz to amend the schedule for the Land Use Element, Circulation Element, and Zoning Ordinance update to allow more time for public review, was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem Katz, seconded by Councilmember McKeown, to approve the Commission=s recommendation. The motion was unanimously approved by voice vote, with all members present.

COUNCIL ITEMS:

IN-HOME SUPPORTIVE PROGRAM (Mayor Pro Tem Katz was excused at 12:20 a.m.)

13-A: Request of Councilmember McKeown that Santa Monica oppose state budget cuts to the California In-Home Supportive Service (IHSS) program, which would severely impact Santa Monica seniors, persons with disabilities, and others reliant on home care; and that our position be promptly communicated to appropriate legislators and the Governor, was presented.

Member of the public Jerry Rubin spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve request. The motion was unanimously approved with Mayor Pro Tem Katz absent.

MILLION SOLAR ROOFS - SB1

13-B: Request of Councilmember McKeown that Santa Monica support the "Million Solar Roofs Bill," SB 1 by State Senators Murray and Campbell, which would help extend Santa Monica's successes with solar power through a statewide program for energy independence, clean air and affordable energy over the next ten years; and that our position be promptly communicated to appropriate legislators and the Governor, was presented.

There was no one present for public comment.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve request. The motion was unanimously approved with Mayor Pro Tem Katz absent.

NEW DIRECTIONS CHOIR

13-C: Request of Councilmember McKeown that the Council allocate $333 from the Council's discretionary fund for the New Directions Choir, a nine-member singing group composed of formerly homeless veterans, to purchase performer permits allowing the Choir to provide occasional inspirational concerts on the Third Street Promenade, was presented.

Member of the public Jerry Rubin spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Shriver, to approve request, if necessary, and direct staff to look at the option of providing free permits to the performers. The motion was approved by the following vote:

AYES: Councilmembers Bloom, McKeown, Shriver, Genser, Mayor O=Connor

NOES: None

ABSTAIN: Councilmember Holbrook

ABSENT: Mayor Pro Tem Katz

AB352

13-E: Request of Councilmember Bloom that Council support AB352 (Koretz) Firearm Microstamping, and SB357 (Dunn), Hand Gun Ammunition Serialization Policy.@

ACTION: Withdrawn by Councilmember Bloom.

PUBLIC INPUT:

Member of the public B.A. Gray discussed violations of civil rights and restraining orders.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:32 a.m., to June 28, 2005, at 5:00 p.m.

ATTEST: APPROVED: