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M-1/11/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 11, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:49 p.m., on Tuesday, January 11, 2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Herb Katz Councilmember Richard Bloom Councilmember Ken Genser (arrived at 5:55 p.m.) Councilmember Robert T. Holbrook Councilmember Kevin McKeown" Councilmember Bobby Shriver 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 5:49 p.m., with Councilmember Genser absent. Councilmember Shriver 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. At the request of Mayor Pro Tern Katz, Item I-A was removed from the Consent Calendar. At the request of staff, Item I-B was removed from the Consent Calendar. Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to approve all items on the Consent Calendar as presented except Items I-A 1 January 11, 2005 STREET IMPROVEMENTS CIVIC AUDITORIUM EAST WING CIVIC AUDITORIUM COOLING SYSTEM AIR POLLUTION REDUCTION ALTERNATIVE FUELS SB 1346 UNIVERSAL PRESCHOOL and I-B, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES: CounciImembers Bloom, McKeown, Holbrook, Shriver, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Genser NOES: ABSENT: l-C: Petition for various street improvements and setting of a publi~ hearing - recommendation that Council accept a petition submitted by residents for street improvements on Yale Street, from Montana to Wilshire; and to set a public hearing on March 8, 2005, on the proposed assessment district, was approved. 1-D: Civic Auditorium East Wing Ceiling Replacement- recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8438 (CCS) with HEC Construction, Inc., in the amount of$181,000, for construction of the project, was approved. I-E: Civic Center Auditorium Cooling System - recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8439 (CCS) with BEC Construction, Inc., in the amount of$871,OOO, for construction of the project; and approve the proposed budget appropriation, was approved. I-F: Recommendation to support participation in the Mobile Source Air Pollution Reduction Review Committee Alternative Fuels Local Government Match Program, was approved. I-G: Recommendation to support participation in the Mobile Source Air Pollution Reduction Review Committee Upgrade and Expansion of Existing CNG and LNG Refueling Stations Funding Program, was approved. I-H: Resolution No. 10010 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING APPLICATION FOR SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT FUNDS," was adopted. I-I: Resolution No. 10011 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF UNIVERSAL PRESCHOOL FOR ALL FOUR YEAR OLD CHILDREN IN CALIFORNIA," was adopted. 2 January 11, 2005 L.;;J 839 9TH STREET I-I: Resolution No. 10012 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 54243 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT 839 NINTH STREET," was adopted. SUPPORT FOR LIGHT RAIL AND RED LINE EXTENSION l-K: Resolution No. 10013 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF THE WESTSIDE CITIES COUNCIL OF GOVERNMENTS' PROPOSED MOBILITY IMPROVEMENTS FOR EXPOSITION LIGHT RAIL AND FOR RED LINE EXTENSION," was adopted. SANTA MONICA FESTIVAL l-L: Contract for Production of the Annual Santa Monica Festival - recommendation to authorize the City Manager to: 1) negotiate and execute Contract No. 8440 (CCS) with CARS to produce the 2005, 2006, and 2007 Santa Monica Festivals in the annual amount of $80,000, and 2) in the event additional funds are raised, amend the contract, not to exceed $60,000 annually, to include additional services for expanded festival programming, was approved. MINUTES I-A: The minutes of the November 23, December 7, and December 8, 2004, City Council Meetings were presented. Mayor Pro Tem Katz stated he wanted to abstain :from voting on the minutes of November 23, as he was absent :from that meeting. Motion by Mayor O'Connor. seconded by Councilmember Holbrook, to approve the minutes as submitted. The motion was unanimously approved by voice vote, with Mayor Pro Tern Katz abstaining on the November 23, 2004, minutes. CIVIC CENTER At the request of staff, and on order of the Mayor, the proposed contract for PARKING STRUCTURE waterproofing with D 7 Consulting :from Item I-B. was withdrawn from consideration. I-B: Civic Center Parking Structure construction contracts- recommendation to authorize the City Manager to negotiate and execute Agreement No. 8436 (CCS) with Smith-Emery Company, inthe amount of $223,258, for Deputy Inspection and materials testing; agreement with D 7 Consulting, in the amount of $66,700, for waterproofing inspection; and Agreement No. 8437 (CCS) with Ninyo and Moore, in the amount of $204,700, for geotechnical inspection and environmental oversight services 3 January 11, 2005 CLOSED SESSIONS: Council member Genser arrived at 5:56 p.m. for the project. Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve staff recommendation, except for the D 7 Contract. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Mayor Pro Tem Katz,. Mayor Bloom None Councilmember Genser NOES: ABSENT: Member of the public Jim Jaffee expressed concerns regarding possible code compliance violations atl007 Pier Avenue related to a trash-can enclosure built within a retaining wall. On order of the Mayor, the City Council recessed at 6:08 p.m., to consider closed sessions and returned at 7:14 p.m., with all members present, to report the following action taken: 2-A: Conference with Legal Counsel- Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, Case No. CV 03- 0032R. The City Attorney reported this matter was not heard. 2-B: Conference with Legal Counsel- Existing Litigation: Fifth/Arizona Investors~ LLC v. City of Santa Monica, Case No. SC 083 204. The City Attorney reported this matter was heard and no reportable action was taken. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Playa Vista, Case No. BC 093 502. The City Attorney reported this matter was not heard. 2-D: Conference with Legal Counsel - Existing Litigation: Colorado Creative Studios~ LLC v. City of Santa Monica, Case No. BS 092 727. The City Attorney reported this matter was heard and no reportable action was taken. 4 January 11, 2005 ;.:..;;;j 2-E: Conference with Legal Council - Existing Litigation: City of Santa Monica v. Baron & Budd, Case No. BS 315186. The City Attorney reported this matter was heard and no reportable action was taken.. 2-F: Conference with Legal Counsel- Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): four potential cases, including three disputes related to real property located at 1007 Pier, 1236 12th St. and 2301 10th St. The City Attorney reported that three cases were heard and no reportable action was taken on two cases. On the third case, the following motion was taken regarding 2301 10th Street: Motion by Councilmember O'Connor. seconded by Mayor Pro Tern Katz, that due to erroneous advice from the City on a deadline that allowed the project to be subject to a previously existing ordinance, the owners missed the deadline by one day, and the City agrees to settle and allow the project to proceed in accordance with the prior existing ordinance. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 2-G: Conference with Legal Counsel- Existing Litigation: Amy and John Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW (CWx). The City Attorney reported that no reportable action was taken. 2-H: Conference with Legal Counsel- Existing Litigation: Lelani Degenaar v. City of Santa Monica, Case No. SC 080 899. Motion by Mayor Pro Tem Katz. seconded by Councilmember Bloom, to approve settlement of $75,000. The motion was approved by the following 5 January 11, 2005 vote: AYES: NOES: ABSENT: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None 2-1: Conference with Legal Counsel- Existing Litigation: Brandee Bradley v. City of Santa Monica, Case No. SC 078 430. Motion by Councilmember Genser. seconded by Mayor O'Connor, to approve settlement in the amount of$29,500. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tem Katz, Mayor O'Connor None None ORDINANCES: 7-A: Introduction and first reading of an interim ordinance PLACEMENT OF ITEMS extending the initial interim ordinance authorizing the placement of IN THE RIGHT OF WAY/furniture, portable landscaping and cigarette disposal receptacles PRIVATE PROPERTY within the Public Right-of-Way and display of merchandise on private property, was presented. There was no one present for public comment. Motion by Councilmember Genser. seconded by Mayor Pro Tem Katz, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof and directing staff to look into the issue of standards for seating distances from certain obstacles. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None 8-A: Consideration of context in which FY 2005/05 budget will be developed; receive public comment on budget priorities including comments on Community Development Block Grant and Home Investment Partnership Act Programs; and raise questions of staff, was presented. STAFF ITEMS: BUDGET REVIEW 6 January 11, 2005 j';;;~ COORDINATED PLAN FOR HOMELESS SERVICES SOBERING CENTER The following members of the public spoke in support of various funding priorities and provided input, suggestions and comments: Asuka Hisa, Joey Fullmer, Pro Se, Eleanor Blumenberg, Karen Gunn, Susan Crimmins, Richard Cohen, Betsy Hiteshew, Donna Steinberg, Gleam Davis, John Berley, Jennifer Worch, Barry Seid, Joe Natoli, Erik Neandross, Jan Williamson, Nina Fresco, Jerry Rubin, Tom Cleys Louise Jaffe, Julia Brown Kessler, Judy Abdo, Hara Beck, Yolanda de Cordova, Maria Loya, Phyllis Green, Leo Garcia, and Dennis Woods. On order of the Mayor, the information and public comment were received and filed. 8-B: Annual review of the City's Coordinated Plan for Homeless Services, and recommendation to accept report, hold a public hearing, and raise questions and provide preliminary comment on strategies to be discussed on January 25, 2005, was presented. Members of the public Joey Fullmer, Viper MacKay, Pro Se, Rhonda Meister, Nancy Carter, Joe Natoli, Jerry Rubin, Paul Freese, Dan Grunfeld, Tod Lipka, John Maceri, Brian Canning, and Judy Abdo spoke generally in support of homeless services and comprehensive planning. Motion by Councilmember Bloom. seconded by Councilmember Shriver, to accept report. The motion was unanimously approved by voice vote, with all members present. 8-C: Status of evaluation of the feasibility and effectiveness of the "sobering center" concept and opportunity for further discussion and direction to staff, was presented. Members of the public Nicholas Vrataric, Patricia Scanlan, and Paul Freese commented on various aspects of a sobering center and on existing programs in other jurisdictions. Motion by Councilmember Bloom. seconded by Councilmember Shriver, to approve the goals listed in the staff report on a substantially expedited basis, with staff to look at cooperating with the court system, and continuing regional approach and relationship with Council of Governments, as follows: · to slow or stop the revolving door cycle of chronic alcoholics going in and out of detoxification centers, jail and emergency rooms · to divert this population off the street and into County-fundedmtreatment programs 7 January 11, 2005 HOUSING TRUST FUND GUIDELINES · to significantly reduce the uncompensated costs, time constraints and peoplepower burdens to healthcare, law enforcement and judicial infrastructure caused by homeless chronic alcoholics · to give people who routinely live on the street an opportunity to create a stable mainstream lifestyle. The motion was unanimously approved by voice vote, with all members present. SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY: On order of the Mayor, the regular City Council meeting convened to a joint meeting with the Redevelopment Agency at 9:51 p.m., with all members present. 8-D: Consolidated Rental Housing Trust Fuud Guidelines - recommendation that the City Council and the Redevelopment Agency approve the proposed subsidy limits and terms revisions to the Guidelines, was presented. Members of the public Tod Lipka, Betty Mueller, Mathew Millen, Paul de Santis, Genise Schmitman, Joan Ling and Patricia Hoffinan spoke generally in support of the recommendation. Motion by Councilmember Genser. seconded by CouncilmemberMcKeown, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmember Holbrook None NOES: ABSENT: Motion by Mayor Pro Tem Katz. seconded by Councilmember Shriver, that based on comments made during the discussion, to place on a future agenda discussion of the City's process of the affordable housing program. The motion failed by the following vote: AYES: NOES: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz Councilmembers Genser, McKeown, Bloom, Mayor O'Connor None ABSENT: 8 January 11,2005 ECc.J ADJOURNMENT OF SPECIAL JOINT MEETING WRITTEN REQUESTS: COUNCIL ITEMS: BOARD/COMMISSION APPOINTMENTS ACCESSffiILITY AND APPEALS BOARD Motion by Councilmember Genser. seconded by Councilmember Bloom, to place on a future agenda discussion of lack of compliance with the City's Proposition R and possible solutions. The motion was unanimously approved by voice vote, with all members present. On order of the Mayor, the special joint meeting was adjourned at 10:3 5 p.m., and the regular City Council meeting was reconvened, with all members present. 12-A: Request of Georja Umano Jones that Council consider a proposed pilot project for a dog park on the beach, was presented. Members of the public Daryl Barnett, Bruce Favish, Michelle Jones, Risa Freeman, and Patricia Gordon spoke in favor of the request. Motion by Councilmember McKeown. seconded by Mayor Pro Tem Katz, to direct staff to prepare pilot program, pursue any County or State authorizations, if needed, and return with specific funding requirements, if any, for Council to consider and implement, considering Heal the Bay's recommendation and the siting of the area in relation to people with disabilities. The motion was unanimously approved by voice vote, with all members present. 13-A: Annual and special vacancy appointments to the following boards and commissions: Commission for the Senior Community - one special vacancy for a term ending June 30,2007. Personnel Board - one special vacancy for a term ending June 30, 2006. Pier Restoration Corporation - one annual vacancy for a term ending November 11, 2008, and one special vacancy for a term ending November 8, 2005. On order of the Mayor, this matter was continued to January 25,2005. 13-B: Appointment to one special vacancy on the Accessibility Appeals Board for a term ending June 30, 2005. On order of the Mayor, this matter was continued to January 25,2005. 9 January 11, 2005 ARB ARTS COMMISSION DISABILITIES COMMISSION COUNCIL LIAISONS 13-C: Appointment to one special vacancy on the Architectural Review Board for a term ending June 30, 2005. On order of the Mayor, this matter was continued to January 25,2005. 13-D: Appointment to one special vacancy on the Arts Commission for a term ending June 30,2006. On order of the Mayor, this matter was continued to January 25,2005. 13-E: Appointment to one special vacancy on the Disabilities Commission for a term ending June 30, 2007. On order of the Mayor, this matter was continued to January 25,2005. 13-F: Appointment of Council Liaisons to City Boards and Commissions. On order of the Mayor, the following Councilmembers were appointed as Council Liaisons to the respective Boards and Commissions, as follows: Accessibility Appeals Board Airport Commission Councilmember Bloom Councilmember Genser, Mayor Pro Tern Katz Councilmember Bloom, Mayor Pro Tern Katz Councilmember McKeown Councilmember Bloom Councilmember Holbrook Councilmember Shriver Mayor Pro Tem Katz Councilmember McKeown Councilmember McKeown Councilmember Holbrook Councilmember Holbrook Mayor O'Connor Councilmember Shriver Councilmember Bloom, Councilmember Shriver Councilmember Genser, Councilmember Bloom Mayor O'Connor, Councilmember Shriver Architectural Review Board Arts Commission Building & Safety Commission Commission for the Senior Community Commission on the Status of Women Disabilities Commission Housing Commission Landmarks Commission Library Board Personnel Board Planning Commission Recreation & Parks Commission Social Services Commission Bayside District Corporation Convention and Visitors Bureau 10 January 11, 2005 ;:;:::J LIGHT RAIL AUTHORITY APPOINTMENT AUTO DEALERS ORDINANCE Pier Restoration Corporation Councilmember Genser, Councilmember Holbrook Councilmember McKeown Mayor O'Connor Mayor Pro Tern Katz, Mayor O'Connor Task Force on the Environment Sustainable City Task Force School/College/City Liaison Comm. 13-G: Appointment of City of Santa Monica member to the Expositioll Light Rail Construction Authority. On order of the Mayor, the floor was opened for nominations to the Exposition Light Rail Construction Authority. Councilmember Bloom nominated Mayor O'Connor. There being no other nominations, Mayor O'Connor was appointed by acclamation, with all members present. 13-H: Request of Mayor Pro Tem Katz to direct City staff to aceelerate preparation of the interim ordinance, discussed by Council on September 28, 2004, concerning auto dealer zoning and to include additional issues concerning permits for auto dealer inventory parking, use of BCD-zoned parking lots for auto-dealer employee parking; and streamlined procedures for reviewing and permitting the proposed expansien of existing auto dealerships, was presented. Member of the public Chuck Allord spoke in opposition of the request and on a possible conflict of interest by Mayor Pro T em Katz. Mayor Pro Tem Katz advised that he had consulted with the City Attorney and that based on law, he is not in conflict. In addition, he clarified that dealerships are not his main business, and therefore believes there is not a conflict of interest in his participating in this matter. City Attorney Marsha Moutrie, in reply to a request from a Councilmember, briefly reviewed the conflict of interest laws. Motion by Councilmember Bloom. seconded by Mayor O'Connor, to direct - staff to provide progress reports every 60 to 90 days in order that the Council and the community are apprised of this issue being held on track, and if there is a problem in not meeting the current August deadline, the problem be brought up to Council's attention. The motion was unanimously approved by voice vote, with all members present. 11 January 11, 2005 DOWNTOWN DESIGN STANDARDS 13-1: Request of Councilmember Bloom that the Council direct staff to prepare interim changes to downtown design standards in order to encourage more creative architecture and better land use, was presented. Motion by Councilmember Bloom. seconded by Councilmember Genser, to approve request. The motion was approved by voice vote, with Mayor Pro Tern Katz and Mayor O'Connor voting in opposition, and with all members present. RESIGNATION 13-J: Acceptance of Lena Perelman's letter of resignation from the Housing Commission, and authorization for City Clerk to publish vacancy, was presented. Motion by Councilmember Holbrook. seconded by Mayor Pro T em Katz, to accept letter with regrets and authorize publication of the vacancy. The motion was unanimously approved by voice vote, with all members present. PARTICIPATION IN 13-K: Request of Mayor O'Connor to discuss participation options for COMMUNI1YMEETINGSmembers of the City Council and Boards and Commissions, and Task Forces covered by the Brown Act in community meetings regarding Land Use and Circulation Elements and Zoning Code updates, was presented. The City Attorney reviewed the Brown Act requirements and the need to post a special meeting if a quorum of a group is present. On order of the Mayor, staffwas directed to look at what other communities have done in similar circumstances of holding large community meetings regarding land use issues and allowing information flow. PUBLIC INPUT: Member of the public Patricia Gordon, Carl Beierle, and B.A. Gray discussed vanous concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11 :35 p.m. to January 25,2005, in memory of Rosemary Kennedy, aunt of Council member Bobby Shriver and the inspiration for the Special Olympics; and in memory of long-time Sunset Park residents, Joan Rankin and Ed Wirtz. ATTEST: ~ \~-~ APPROVED: Maria M. Stewart City Clerk V1fff~ Pam O'Connor Mayor 12 January 11, 2005 ~