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:
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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.
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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.
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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.
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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,
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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.
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February 8, 2005
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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.
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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.
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February 8, 2005
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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.
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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
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February 8, 2005
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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:
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Maria M. Stewart
City Clerk
APPROVED:
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I ~:~~'Connor
Mayor
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February 8, 2005