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M-2/8/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 8, 2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:53 p.m., on Tuesday, February 8,2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Herb Katz Councilmember Richard Bloom Councilmember Ken Genser 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 5:53 p.m., with all members present. 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 expressed various concerns. Motion by Councilmember McKeown, seconded by Councilmember Holbrook, 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 Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 1 February 8, 2005 MINUTES I-A: The minutes of the November 22, and December 14,2004, and January 11, 2005, City Council meetings, were approved as submitted. AUTOMATED STAFFING I-B: Contract amendment for automated staffing software for Police SOFTWARE and Fire Departments - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8400 (CCS) with Principal Decisions Systems, in the amount of$118,677, for the pre- purchase of three years' worth of software maintenance for of the program, was approved. SEA T BELT PROGRAM l-C: Acceptance of California Seat Belt Compliance Campaign grant funds - recommendation to accept a $15,314 grant award from the California Office of Traffic Safety, authorize the City Manager to execute the related Agreement No. 8447 (CCS), and appropriate the funds and the budget changes as proposed, was approved. 1429-1431 THIRD STREET PROMENADE I-D: Recommendation to approve Statement of Official Action taken for Appeal 04-009, the Planning Commission's determination approving CUP 04-005 for project located at 1429-1431 Third Street Promenade, was approved. SPECIAL JOINT MEETING: On order of the Mayor, the regular City Council meeting recessed at 5:57 p.m., to a joint meeting with the Redevelopment Agency, with all members present. l-E: Parking Structure No.5 Seismic Retrofit Project and funding; and adoption of resolutions finding that the projects are of benefit to the Earthquake Recovery Redevelopment Project Area - recommendation that City Council authorize the City Manager to negotiate and execute Contract No. 8448 (CCS) with West Valley Investment Group, in the amount of $1,081,500, for construction of the project; negotiate and execute an amendment to Contract No. 8197 (CCS) with Black & Veatch, in the amount of $210,000, for deputy inspection and testing, noise monitoring, and construction management services; that the City Council and the Redevelopment Agency authorize the City Manager/Executive Director, respectively, to execute Cooperation Agreement No. 8449 (CCSIRAS) between the City and the Redevelopment Agency for payment of the costs associated with the seismic retrofit of the Parking Structure, and respectively adopt Council Resolution No 10016 (CCS) and Redevelopment Agency Resolution No. 489 (RAS) entitled: "A RESOLUTION FINDING THAT THE SEISMIC RETROFIT OF PARKING STRUCTURE 5 IS OF BENEFIT TO THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA," was presented. ~ 2 February 8, 2005 RECESS OF JOINT MEETING CLOSED SESSIONS: There was no one present for public comment. Motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz, to authorize the City Manager to execute Contract No. 8844 (CCS) and amendment to Contract No. 8197 (CCS). The motion was approved by th{ following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to authorize the City Manager to execute Cooperation Agreement. 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: Motion by Councilmember Holbrook. seconded by Councilmember Bloom, to adopt Resolution No. 10016 (CCS), 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 Tern Katz, Mayor O'Connor None None NOES: ABSENT: On order of the Mayor, the Special Joint Meeting recessed at 6:01 p.m., and the regular City Council meeting reconvened and then recessed to hear closed sessions with all members present. The City Council reconvened at 7:05 p.m., to report the following action taken on closed sessions: 2-A: Conference with Legal Counsel- Existing Litigation: Verbit v. City of Santa Monica, Case No. SC 078 812. The City Attorney reported this matter was not heard. 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Baron & Budd. P.C., Case No. BS 315 186. 3 February 8, 2005 The City Attorney reported this matter was heard and no reportable action was taken. 2-C: Conference with Legal Counsel- Existing Litigation: Feldman v. City of Santa Monica, Case No. CV 04-1152 SVW (CWx). The City Attorney reported this matter was not heard. 2-D: Conference with Legal Counsel- Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): four potential cases related to real property located at 1906-1922 Broadway, 1502 Broadway, 1267 Pacific Coast Highway, and 1007 Pier Street. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz, that, as to dispute that arose regarding proper application of the State's density bonus laws for the projects at 1922 Broadway and 1502 Broadway, which are providing on-site affordable units, because of the unique circumstances involved and the history of their processing, the City will agree to settle the dispute with the developer by authorizing the State density bonus to be awarded in the same way to both projects in the form of a floor area bonus to be added to the residential housing floor area bonus granted under local law. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: 2-E: Conference with Labor Negotiator. City Negotiator: Karen Bancroft, Director of Hnman Resources Bargaining Units: Management Team Associates Municipal Employees Association Santa Monica Firefighters Local 1109 The City Attorney reported this matter was heard, and no reportable action was taken. 2-F: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. SC 067033. The City Attorney reported this matter was not heard. ~ 4 February 8, 2005 CONTINUED ITEMS: SPECIAL JOINT MEETING: MID-YEAR BUDGET 2-G: Conference with Legal Counsel- Existing Litigation: SupiDo, City of Santa Monica, Case No. SC 080 283, and related cases. The City Attorney reported this matter was not heard. On order of the Mayor, the City Council convened to a Special Joint Meeting with the Housing Authority, Parking Authority and Redevelopmen Agency at 7:08 p.m., with all members present. 5-A: Mid-Year 2004-05 Budget Review and Supplemental Report- recommendation that City Council approve the proposed budget changes; approve proposed position and classification changes; adopt Resolution No. 10017 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISIllNG VARIOUS CLASSIFICATIONS AND SALARY RATES"; and provide direction to staff for development of the FY 2005/06 and 2006/07 budgets and work plans, including community priorities; recommendation that the Housing Authority, Redevelopment Agency and Parking Authority approve the proposed budget changes, was presented. The following members of the public spoke in support of funding for various programs: Joey fullmer" Joe Natoli, Pro Se, Patricia Gordon, Chris Martin, Kimba Hills, Lori Mozilo, and David Shirey. Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to approve proposed budget changes and adopt Resolution No. 10017 (CCS), 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 Tern Katz, Mayor O'Connor None None NOES: ABSENT: Motion by Councilmember Bloom. seconded by Mayor O'Connor, to continue last year's priorities and objectives (quality of life, safety and community involvement for Pico Neighborhood residents, incorporate sustainable city plan into overall workplan and goals for the city, improve customer service in all departments and institute and work on an active living in the city), and add addressing the impact ofhomelessness in the community including: - Re-structure the elements of Santa Monica's continuum of care to address the chronic homeless in the community and advocate for changes in federal, 5 February 8, 2005 state and regional regulations, agencies and systems to more equitably share the challenge of ending homelessness. - Extend the Chronic Homeless Pilot Program described in the January 11 staff report to serve additional service resistant individuals who have been in the community for five or more years; target existing resources, services and housing priorities to this population to achieve success. - Proceed with an implementation strategy to reduce chronic public inebriation in Santa Monica: consult with the County, Public Counsel, the courts and other community-based models to determine their feasibility for Santa Monica. (Per Council direction, staff is currently assessing the feasibility and effectiveness of a sobering center and will return to Council with an update in March 2005). - Reassess local ordinances and regulations and consider whether revisions would assist in addressing homelessness and its impacts. - Assess models in other communities for enforcing quality of life violations and institute best practices. - Advocate through Bring LA Home, the Westside Cities and with federal representatives for a year-round shelter or shelters on the Veterans Administration property in West Los Angeles and other Westside locations as necessary to accommodate the regional burden. - Advocate for creation of incentives and sanctions for communities to encourage shouldering a fair share of the burden of ending homelessness. - Advocate for change in state law governing mandatory psychiatric assessment and treatment for the gravely disabled homeless. The motion was unanimously approved by voice vote, with all members present. Motion by Councilmember Bloom. seconded by Mayor Pro Tern Katz, to approve a two-year budget. Discussion ensued on the pros and cons of adopting a two-year budget including but not limited to the impact and time-savings for stair, and the ability to change a previously approved budget. Councilmember Bloom amended his motion. with the approval of the seconder, to request staff to return prior to the budget study sessions with the pros and cons of adopting a two-year budget, taking into consideration all the comments made during Council discussion. The motion was unanimously approved by voice vote, with all members present. Discussion ensued on additional priorities voiced by Councilmembers for consideration in the 2005-06 budget. Staff was directed to return with a list of the priorities, with available funding and a method for weighing and prioritizing items. 6 February 8, 2005 ~;;.., ADJOURNMENT OF SPECIAL JOINT MEETING ADMINISTRATIVE PROCEEDINGS: 1001, 1009, AND 1010 18TH STREET RECESS 2901 OCEAN PARK BOULEVARD On order of the Mayor, the Special Joint Meeting adjourned at 8:55 p.m., and City Council reconvened to their regular meeting, with all members present. 6-A: Appeal of Planning Commission's denial for an over-height front yard hedge and approval of CUP for expansion of Garden of Angels School at 1001, 1009 and 1010 18th Street - recommendation to uphold the Planning Commission's approval of CUP 03-012 for expansion of the school, uphold the denial of Variance 03-024 for overheight hedge, and modify certain conditions as proposed. Applicant/Appellant: Bambi and Scott Forsman, Garden of Angels School The Mayor announced that this matter was withdrawn by appellant. On order of the Mayor, the City Council recessed at 9:05 p.m., and reconvened at 9:25 p.m., with all members present. 6-B: Appeal of the Planning Commission's denial to modify exist:ing driveways and on-site circulation at 2901 Ocean Park Boulevard; and introduction and first reading of an ordinance amending Municipal Code Chapter 9 to permit restaurants with more than 50 seats in the C2 District, adjacent to Ocean Park Boulevard between 25th Street and Centinela Avenue, subject to approval of a CUP - recommendation to deny appeal based on findings and introduce and hold first reading of the ordinance. Applicant/Appellant: Claire Heron. The appeal was presented by staff Appellant Claire Heron and representatives spoke in support of the appeal. The following members of the public spoke in favor of the appeal: Tom Cleys, Linda Waring, Vache Golfayan, Scott Ferguson, Mary Perry, Anita Finkelstein, Stuart Holmes, Ira Golden, Geovanny Gonzalez, Matthew Zangara, Charles Bendier, Deborah Sharp, Gross Manova, Patty Gayton, Joe Nicoletti, Armando Baird, Dan Stonchnla, Elisha Goldman, Jimmy Chin, Leslie Boehler, Arthur Harris, Gwynne Pugh, Jerry Rubin, and Dana White. The following members of the public spoke in opposition to the appeal: Chris Baustest, Peter Mezza, Rhysa Davis, Armand Baker, Alan Rosenbach, Inese v., Dirk Gaudet, Paula Gaudet, Diana R. Monaco, Kevin Monaco, and Key Khorsd Hosjat. 7 February 8, 2005 ORDINANCES: RENTAL UNITS ALCOHOL CUP'S Motion by Mayor Pro Tern Katz. seconded by Councilmember McKeown to adopt staff recommendation, deny appeal, support text amendment and reinstall tire shredders. 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: Motion by Councilmember Bloom. seconded by Councilmember McKeown, to introduce the ordinance, reading by title only waiving further reading thereof 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: 7-A: Second reading and adoption of Interim Ordinance No. 2149 (CCS) entitled: "AN ORDINANCE 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 Tern Katz. seconded by Councilmember McKeown, to adopt the ordinance, 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 Tern Katz, Mayor O'Connor None None NOES: ABSENT: 7-B: Second reading and adoption of Interim Ordinance No. 2150 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING AN INTERIM ORDINANCE CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUP'S MUST OBTAIN NEW ALCOHOL CUP'S IF THE ESTABLISHMENTS CEASE 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. 8 February 8, 2005 ~ Motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz, to adopt the ordinance, 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 Tern Katz, Mayor O'Connor None None NOES: ABSENT: COUNCIL ITEMS: ACCESSffiILITY APPEALS BOARD 13-A: Special vacancy appointments to the following boards and commissions: Accessibility Appeals Board - one vacancy for a term ending June 30, 2005. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tern Katz nominated Elizabeth Bancroft. There being no other nominations. Ms. Bancroft was appointed by acclamation, with ail members present. SENIOR COMMUNITY Commission for the Senior Community - one vacancy for a term ending June 30, 2007. On order ofthe Mayor, this matter was continued to February 22, 2005. DISABILITIES COMMISSION Disabilities Commission - one vacancy for a term ending June 30,2007. On order of the Mayor, the floor was opened for nominations. Mayor Pro Tern Katz nominated Glenda Berg. There being no other nominations. Ms. Berg was appointed by acclamation, with all members present. PERSONNEL BOARD Personnel Board - one vacancy for a term ending June 30, 2006. On order of the Mayor, this matter was continued to February 22,2005. PRC Pier Restoration Corporation - one vacancy for a term ending November 8, 2005. On order ofthe Mayor, this matter was continued to February 22,2005. 9 February 8, 2005 WESTSIDE CITIES COMMUNITY WORKSHOPS PUBLIC PARTICIPATION WORKSHOPS 13-B: Request of Mayor O'Connor for Council support for her continuation as the Westside Cities district representative to the SCAG Regional Council. In this capacity she can continue her role as Chair C)f the Regional Comprehensive Plan Task Force that will oversee the update to the Regional Transportation Plan, was presented. Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to approve request. The motion was unanimously approved by voice vote, with all members present. At the request of the Mayor, Items 13-C and 13-D were heard concurrently. 13-C: Request of Mayor.O'C()nnor that three Council Members be designated to participate in the Community Workshops on Gang Violence to be held on Saturday morning February 26 and Saturday morning March 12 at John Adams Middle School, was presented. 13-D: Request of Mayor O'Connor and Mayor Pro Tern Katz to discuss roles of Councilmembers and Planning Commissioners during public participation workshops and meetings and designation of Council member participants for upcoming Land Use and Circulation Element public participation meetings and Pico Neighborhood Workshops, was pres~nted. Discussion ensued on establishing guidelines to allow members of the City Council to attend public meetings and workshops within the requirements of the Brown Act. Motion by Mayor O'Connor. seconded by Councilmember Shriver, to establish the following guidelines for participating in community workshops and meetings: That the Planning Commission and the City Council may attend these gathering with the purpose of being a resource and for context, but not to participate in the way of directing or influencing the conversation. The motion was unanimously approved by voice vote, with all members present. Discussion ensued regarding Councilmembers attending the February 26th and the March 12th Community Workshop on Violence. It was the consensus of Council that on the February 26th workshop, Mayor O'Connor will attend, with Councilmembers Holbrook and Genser splitting a shift and Councilmembers Shriver and McKeown splitting another shift. On the March 12th workshop, Mayor Pro Tern Katz will attend, with 10 February 8, 2005 ~ Councilmembers Bloom and Shriver splitting a shift, and with Councilmembers Genser and Holbrook splitting a shift. PUBLIC INPUT: Members of the public Pro Se, Patricia Gordon, Roger Carson Later, Ann McHugh, Jeanne Dodson, and B.A. Gray discussed various topics and expressed various concerns. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:45 p.m., to February 15, 2005, in memory of Dale Eunson. ATTEST: ~.~ Maria M. Stewart City Clerk APPROVED: ~~ I ~:~~'Connor Mayor 11 February 8, 2005