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M-11/23/2004 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 23, 2004 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:57 p.m., on Tuesday, November 23,2004, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Pam O'Connor Absent: Councilmember Herb Katz 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 5:57 p.m., with Councilmember Katz absent. Students present in the audience 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. Motion by Councilmember Holbrook. seconded by Councilmember O'Connor, to approve all items on the Consent Calendar, reading resolutions 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 Tern McKeown, Mayor Bloom None Councilmember Katz. NOES: ABSENT: 1 November 23,2004 MINUTES 1750 10TH STREET 2411 4TH STREET ATTENDANCE SOFTWARE SYSTEM I-A: The minutes of the October 12 and October 26,2004, Council meetings, were approved with a minor correction to the minutes of October 26th. I-B: Resolution No. 9992 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION TRACT MAP NO. 53853 FOR A FIVE-UNIT CONDOMINIUM PROJECT AT 1750 lOTI! STREET," was adopted. l-C: Resolution No. 9993 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL SUBDIVISION TRACT MAP NO. 26325 FOR A 3-UNIT CONDOMINIUM PROJECT AT 2411 4TI! STREET," was adopted. I-D: Employee time and attendance software system- recommendation to authorize the City Manager to negotiate and execute Contract No. 8417 (CCS) with Kronos, Inc., in the amount of $316,000 to provide software licenses, related hardware, professional services; and Contract No. 8434 (CCS) in the amount $45,000 for ongoing maintenance for the system, was approved. LOW-FLOW DIVERSION l-E: Resolution No. 9994 (CSS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO CONSTRUCT A LOW-FLOW DIVERSION IN ASHLAND A VENUE AT NEILSON WAY," was adopted. URBAN RUNOFF COUNCIL MEETING CANCELLED POSITIONS AND SALARY RATES CLOSED SESSIONS: I-F: Urban Runoff Management Plan - recommendation to authorize the City Manager to negotiate and execute an amendment to Agreement No. 8164 (CCS) with Brown and Caldwell, in the amount of $50,000, for additional services related to the Urban Runoff Management Plan, was approved. I-G,: Recommendation to cancel the December 28, 2004, City Council Meeting, was approved. I-H: Resolution No. 9995 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS NEW POSITION CLASSIFICATIONS AND SALARY RATES," was adopted. Member of the public Robert Crockett, representing Playa Capital Company, commented on Item 2-E and asserted a violation of the Brown 2 November 23,2004 Act was committed by the City Council on September 28,2004, when Council approved initiating litigation challenging the Playa Vista Project. 2-A: Conference with Legal Counsel- Existing Litigation: Naidoo v. City of Santa Monica, Case No. CV 03-6165 ABC. The City Attorney reported this case was not heard. 2-B: Conference with Legal Counsel- Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and related cases. The City Attorney reported this case was heard. No reportable action was taken. 2-C: Conference with Legal Counsel- Existing Litigation: Action Apartment Association. Inc.. v. City of Santa Monica, Case No. BC 165-082. The City Attorney reported this case was not heard. 2-D: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd. P.C., Case No. BC 315 186. The City Attorney reported this case was not heard. 2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Playa Vista, Case No. BC 093-502. The City Attorney reported this case was heard. No reportable action was taken. 2-F: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Three. The City Attorney reported that one anticipated litigation case was heard. No reportable action taken. 2-G: Conference with Legal Counsel- Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281367. The City Attorney reported that Council had approved a partial settlement, by payment to Mr. Barnard of $246, 135. 13, as reimbursement of fees he 3 November 23,2004 SPECIAL ITEMS: ADMINISTRATIVE PROCEEDINGS: GOTHAM HALL - 1429-1431 3RD STREET PROMENADE paid to the City, in exchange for the dismissal of his fifth cause of action for accounts stated in his case pending against the City. 2-H: Conference with Legal Counsel- Existing Litigation: Claim of Raymond Parr, Claim No. 04-8409. The City Attorney reported that Council had approved a settlement for this claim in the amount of$17,920.09. 4-A: Recognition of the six student winners of the PEAK Flex your Power NOW! Poster Contest for displaying leadership in spreading the message about smart energy, was expressed by the Mayor and City Councilmembers. 6-A: Appeal of Planning Commission's detennination approving a conditional use permit that expands nightclub and restaurant service in an area of Gotham Hall, at 1429-1431 3rd Street Promenade, and is currently used as a poolroom - recommendation to deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit 04- 005 based on the proposed findings and conditions, but modify Alcohol Outlet Condition 12 to allow up to 602 occupancy. Applicant/Appellant: Renee and Albert Mizrahi. Renee Mizrahi, applicant/appellant, spoke in support of the appeal. Member of the public Joey Fullmer expressed her views on the matter. Member of the public Jerry Rubin spoke in support of the appeal. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to deny appeal, and amend Condition 2 on page 10, to read: "The conditions of this approval shall supercede all previous approvals on this property, including CUP Nos.(as listed), except for any entitlements or conditions imposed by the Accessibility Appeals Board." The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: Motion by Mayor Bloom. seconded by Councilmember Feinstein, to direct staff to look at what comprehensive information should be provided on an appeal form so the information is useful and facilitates the process for 4 November 23, 2004 ORDINANCES: STREET PERFORMERS, VENDING LmRARIES AND MEETING FACILITIES RECESS applicants, appellants, staff and City Council. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 7-A: Second reading and adoption of Ordinance No. 2145 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE RELATING TO STREET PERFORMANCE, VENDING ON THE THIRD STREET PROMENADE, THE TRANSIT MALL, AND THE PIER, PERMITS, PERFORMANCE HOURS, ALLOCATION OF PIER PERFORMANCE SPACES, NOISE, VENDOR ROTATION, PENALTIES, INSTALLATION AND ERECTION OF OBJECTS ON THE PROMENADE, TRANSIT MALL AND PIER, AND PLACEMENT OF PROPERTY OR MATERIALS ON SInEW ALKS, STREETS, AND OTHER PUBLIC PROPERTY," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: 7-B: Second reading and adoption of Ordinance No. 2146 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 1.08.030 REGARDING RULES FOR CITY LffiRARIES AND MEETING FACILITIES," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser. to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order of the Mayor, the City Council recessed at 8:55 p.m., to a special meeting of the Redevelopment Agency and reconvened at 9:03 p.m., to a special joint meeting with the Redevelopment Agency, with Councilmember Katz absent. 5 November 23,2004 STAFF ITEMS: YEAR-END BUDGET REPORT ADJOURNMENT RESOLUTIONS: PREFERENTIAL PARKING ZONE WW SPECIAL JOINT MEETING WITH THE HOUSING AUTHORITY ~ THE REDEVELOPMENT AGENCY AND THE PARKING AUTHORITY: 8-C: Adoption of Fiscal Year 2003-04 Year-End Budget Changes- recommendation that the City Council, the Housing Authority, the Redevelopment Agency and the Parking Authority approve the proposed budget changes, was presented. There was no one present for public comment. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order of the Mayor, the special joint meeting was adjourned at 9:08 p.m., and the regular City Council meeting reconvened with Councilmember Katz absent. II-A: Adoption of resolution amending Preferential Parking Zone WW - recommendation to adopt Resolution No. 9996 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE WW AND REMOVE THE CURRENT OVERNIGHT PREFERENTIAL PARKING RESTRICTIONS FROM THE 2200-2300 BLOCK OF 27TH STREET BETWEEN PICO BOULEVARD AND PEARL STREET," was presented. Member of the public Donna Lee spoke in opposition to the recommendation. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to adopt the resolution reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom 6 November 23,2004 ROLLERBLADESAND ROLLERSKATES ON THE PROMENADE WRITTEN REOUESTS: WAIVER OF FEES COUNCIL ITEMS: APPOINTMENTS NOES: ABSENT: None Councilmember Katz Il-B: Resolution to allow the use of rollerblades and roller skates on the Third Street Promenade, was presented. Members of the public Betty Mueller, Barry Seid, Millie Rosenstein, and Rose Kauffinan spoke in opposition to adoption of the resolution. Member of the public Jerry Rubin spoke in support of adoption of the resolution. Motion by Councilmember O'Connor. seconded by Councilmember Feinstein, to adopt resolution for a one-year trial period. The motion failed by the following vote: AYES: NOES: Councilmembers O'Connor, Feinstein Councilmembers Holbrook, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Katz ABSENT: 12-A: Request of Andrew DutTParker, from Upward Bound House, requesting a waiver for an encroachment fee for an alleyway bordered by Washington, California, 11th and 12th Streets to reinstall underground conduit, as requested by the City, was presented. Discussion ensued on Mr. Parker's request. Staff answered questions and provided information to Councilmembers. Motion by Councilmember Feinstein. seconded by Mayor Bloom, to continue this matter to a future meeting to allow Mr. Parker to consider other options discussed. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 13-A: Annual and special vacancy appointments to the following boards and commissions: (Continued from November 9,2004.) 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. 7 November 23,2004 PLAYA VISTA INTERNA TIONAL SOLAR CITIES CONGRESS Pier Restoration Corporation - one annual vacancy for a term ending November 11, 2008; one special vacancy for a term ending November 8,2005. 13-B: Request of Mayor Bloom to consider Brown Act complaint made by Playa Vista's attorneys that the public had not had an opportunity to comment on the City's lawsuit against Los Angeles challenging the approval of the development of Playa Vista Phase IT, hear any possible testimony on the lawsuit, and affirm or reconsider the decision to proceed with that suit, was presented. Members of the public Sabrina Venskus, Kathy Knight, and Jerry Rubin spoke in support of the lawsuit and against the Brown Act complaint. City Attorney Marsha Moutrie commented on the communications received regarding the alleged Brown Act violation, discussed the Brown Act requirements, and concluded by advising the City Council that it was her belief that the City Council fulfilled all the provisions of the Brown Act and that, had there been a violation, the Mayor's item provided a cure. On order of the Mayor, the information was received and filed. No formal action was taken. Before moving to the next matter, the Mayor noted that he had a request to speak on Item 13-D from Mr. Robert Crockett (who spoke earlier on Item 2-E), and thought that Mr. Crockett meant to speak to this Item 13-B, and that the 13-D notation was an error. The Mayor then invited Mr. Crockett to speak on this Item 13-B before moving on to the next item. Mr. Crockett declined the invitation to speak. 13-C: Request of Councilmember O'Connor that Council adopt a DAEGU Declaration from the first International Solar Cities Congress committing to work with other cities on promoting the use of renewable (solar) energy sources, and to direct stafT to inform other cities in our region and encourage their participation, was presented. There was no one present for public comment. Motion by Councilmember O'Connor. seconded by Councilmember Feinstein, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Katz absent. 8 November 23, 2004 PUBLIC INPUT: ADJOURNMENT: Members of the publiC Pro Se and Kathy Knight commented on various Issues. On order of the Mayor, the City Council meeting was adjourned at 10:34 p.m., in memory of Cheri Hill. ATTEST: ~ ~ -~c.k Maria M. Stewart City Clerk APPROVED: ~~ Mayor 9 November 23,2004