M-11/8/2005
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 8, 2005
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
5:54 p.m., on Tuesday, November 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 (arrived at 6:40 p.m.)
Councilmember Kevin McKeown
Councilmember Bobby Shriver (arrived at 6:02 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Acting City Clerk Melodi Pearson
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:54 p.m., with
Councilmembers Holbrook and Shriver absent. Acting City Clerk Melodi
Pearson 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.
Members of the public Joey Fullmer and Joe Natoli expressed various
concerns.
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Katz,
to approve all items on the Consent Calendar as presented, reading
resolutions by title only and waiving further reading thereof. The motion
was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Genser, Mayor Pro
Tern Katz, Mayor O'Connor
None
Councilmembers Holbrook, Shriver
NOES:
ABSENT:
.~
1
November 8, 2005
MINUTES
UTILITY BILLING
SOFTWARE
HONlELESSSERVICES
NETWORK
1544 11th STREET
I-A: The minutes ofthe October II, 2005, City Council meeting weT....
approved as submitted.
I-B: Purchase of Utility Billing Software - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8525
(CCS) with Harris Computer Systems, in the amount of $392,860, to
purchase software for utility billing, was approved.
I-C: Support Services for the Homeless Services Network-
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8407 (CCS) with Chris Fonner, in the amount
of$105,600, for continued support services, was approved.
I-D: Resolution No. 10080 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 061174 TO SUBDIVIDE A PROPERTY AT
1544 11 TH STREET FOR A 6-UNIT CONDOMINIUM PROJECT," was
adopted.
ARTS REUSE PROGRAM l-E: California Integrated Waste Nlanagement Board grant funds
GRANT FUNDS for an Arts Reuse Program - recommendation to adopt Resolution No.
10079 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA MAKING A PROPOSAL FOR USE OF THE GRANT
FUNDS," and to authorize the City Manager to negotiate and execute ahj
related agreements and documents, was approved.
MOU - MEA
I-F: Resolution No. 10081 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MUNICIPAL EMPLOYEES ASSOCIATION," was adopted.
RECORDS RETENTION I-G: Resolution No. 10082 (CCS) entitled: "A RESOLUTION OF THE
SCHEDULE CITY OF SANTA MONICA APPROVING REVISIONS TO THE CITY-
WIDE RECORDS RETENTION SCHEDULE," was adopted.
DISCUSSION - AGENDA
l\'IANAGEl\fENT
Councilmember Shriver
arrived at 6:02 p.m.
Councilmember Holbrook
arrived at 6:40 p.m.
On order of the Mayor, the City Council recessed at 5:59 p.m., to consider
closed sessions and reconvened at 7:42 p.m., with all members present, to
discuss what items Council may be able to hear during this meeting due to
time constraints.
Dis~ussion ensued over the subject matter of remaining items and the need
to take action on individual matters.
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November 8, 2005
~~
CLOSED SESSIONS:
Mayor 0 'Connor was
excused at 7:50 p.m.
Mayor 0 'Connor returned
at 7:52 p.m.
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Motion by Councilmember Shriver. seconded by Mayor Pro Tern Katz, to
hear Item 8-B related to the Convention and Visitors' Bureau before startinj
with Item 7-A, as it should be a short item.
Substitute motion by Councilmember Bloom. seconded by Councilmember
McKeown, to continue Items 8-B and 8-C to November 22, as 5-items, and
to allow any members of the public that are present to speak tonight if
unable to return on the 22nd. The substitute motion was unanimously.
approved by voice vote, with all members present.
On order ofthe Mayor, the following actions taken on closed session items
were reported:
2-A: Conference with Legal Counsel - Existing Litigation: First
National Bank v. Baird and City of Santa Monica, et aI., Case No.
02CV610.
Mayor O'Connor advised that because she is a member of the Metropolitan
Transportation Authority (MT A), and because the MT A is a party to this
case, she has a conflict of interest on this matter, and requested to be
excused.
Motion by Councilmember Holbrook. seconded by Councilmember
McKeown, to approve settlement in this case involving a check written tot
he City of Santa Monica from Los Angeles County in the amount of
$1,000,000, that was lost or stolen and fraudulently negotiated; and that the
settlement is in the amount of $750,000, payable to the City. The motion
was approved by the following vote:
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz
None
Mayor O'Connor
NOES:
ABSENT:
2-B: Conference with Legal Counsel - Existing Litigation: Matthew
Kalan v. City of Santa Monica, Case No. SC 081116.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katz. to approve
settlement in the amount of$58,000. The motion was approved by the
following vote:
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November 8, 2005
AYES:
NOES:
ABSENT:
CounciImembers Bloom, McKeown, Holbrook, Shriver,
Genser, Mayor Pro Tern Katz, Mayor O'Connor
None
None
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. Case No., BC 315186.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Roberta
Cohan v. City of Santa Monica, Case No. SC 083 448.
Motion by CounciImember McKeown. seconded by Mayor O'Connor, to
approve settlement in the amount of$125,000. The motion was approved
by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
2-E: Claim of Makai Restaurant against the City of Santa Monic"
Claim No. 05-9957.
ACTION:
Not Heard.
2-F: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b): two cases, including disputes
related to real property located at 1522 6th Street and use of Airport
Avenue by Santa Monica College for its Bundy Campus.
ACTION:
Heard one case. No reportable action taken.
2-G: Public Employee Appointment
Title: City Manager
ACTION:
Heard. No reportable action taken.
4
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November 8,2005
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2174 (CCS),
AFFORDABLE HOUSING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
PRODUCTION AMENDING THE AFFORDABLE HOUSING PRODUCTION
ORDINANCE (CHAPTER 9.56) TO MODIFY THE CALCULATION
FORMULA AND ADJUSTMENT AND PAYMENT TIMING OF THE
AFFORDABLE HOUSING FEE, TO MODIFY THE AFFORDABLE
HOUSING DEFINITIONS AND TO ESTABLISH A PROVISION TO
ADJUST OR WAIVE THE REQUIREMENTS OF CHAPTER 9.56," was
presented.
Motion by Councilmember McKeown. seconded by Mayor O'Connor, to
adopt the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Bloom, Mayor
O'Connor
Council members Shriver, Holbrook, Mayor Pro Tern Katz
None
NOES:
ABSENT:
~-
Councilmember Holbrook stated, for the record, that he voted in opposition
because it is a substantial increase in fees for people who are building
apartments or condominiums, and he felt it would have been appropriate 10
do a study to determine if the fees might cause problems in the development
of new housing.
Councilmember Shriver stated, for the record, that he voted in opposition
because a study wasn't done.
PARKING STANDARDS 7-B: Introduction and first reading of an ordinance modifying the
development, design, and ofT-street parking standards for projects
developed within the BSCD, C3, and DC Zoning Districts, including
but not limited to design standards for ground floor heights, building
streetfront~ landscaping, sidewalls adjacent to historic resources, and
ofT-street parking and access requirements, was presented.
The following members of the public spoke to various aspects of the
proposed ordinance including but not limited to: applicability clauses for
pending projects, available extensions, housing impacts, exemption for
certain houses of worship, setbacks, commercial standards, floor to floor
heights, height limits and sloping issues, landscaping in front of windows,
parking, and possible inconsistencies with the code between different zones:
Joe Natoli, Craig Jones, Chris Harding, Eileen F~azer, Doug Singletary,
Lynn Robb (on behalf of the ARB), and Allen Freeman.
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5
November 8, 2005
STAFF ITEMS:
SMC BUNDY CAMPUS
ACCESS
Motion by Councilmember Genser. seconded by Councilmember McKeo""'Q,
to direct staff to incorporate the following changes and return with an
ordinance for first reading: to include policy language suggested by the ARB
to allow split ground floor heights and a minium square footage of retail
area; language to allow some low landscaping under display windows with
restrictions; to address issues related to houses of worship that will allow
them to go under a different standard, provided they met other design
standards such as still going through ARB; and to review potential
inconsistencies in design standards that might only apply to the 5th Street
zone and not to the 6th and 7th Streets zones.
Motion to amend by Councilmernber McKeow!!, to include language for the
entrance being at grade but allowing a variance of more than six inches over
the entire frontage. The motion was friendly to the maker.
Motion to amend by Mayor Pro Tern Katz, to amend on page 22 of the draft
ordinance, subsection (a) of Section 9.04.08.18.065 to delete the last
sentence that reads: "Such delineation may include, but is not limited to,
design elements such as articulation, change in plane, change in colors and
materials, or fenestration." The motion was accepted as friendly.
Motion to amend by Mayor Pro Tern Katz, that staff analyze and report
back on limiting extensions to those needed as a result of processing thrr "'".lr
City staff, and not because of a delay by developer. The motion was
accepted as friendly.
Motion to amend by Councilmember Holbrook, to get additional
information on the different zoning for 5th, 6th and 7th Streets related to
building heights. The motion was accepted as friendly.
Motion to amend by Councilmember Bloom, to defme allowable plants as
those that will only reach sill height, not just be maintained at sill height.
The motion was accepted as friendly.
The main motion, as amended, was unanimously approved by voice vote,
with all members present.
8-A: Recommendation on Pedestrian or Other Vehicular Access to
the Santa Monica College Bundy Campus Los Angeles from Airport
Property and Overall Parking and Traffic Management Strategies
Including the Temporary Student Shuttle Parking at the South Beach
Lots in the Ocean Park Neighborhood - recommendation to authorize
extension of pedestrian access; give direction to staff; authorize the City
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November 8, 2005
~~
Manager to negotiate and execute any agreements to effect Council's
direction on these matters, including initiating any required environmental
reviews; and authorize a 6-month extension of temporary use of the south
beach parking lots for student parking, was presented."
On order of the Mayor, and at the request of Mayor Pro Tern Katz, the City
Attorney Marsha Moutrie provided information on the College's status
relative to complying with CEQA requirements and with particular parking
studies.
Motion by Mayor O'Connor. seconded by Mayor Pro Tern Katb that L.A.
City Councilmember RosendaW and the College's representative each be
given five minutes to speak. The motion was unanimously approved by
voice vote, with all members present.
Los Angeles City Councilrnernber RosendaW discussed the safety concerns
at the Bundy exit, spoke in support of the City of Santa Monica finding a
way to use Airport Avenue as an immediate solution; of his plan to
aggressively pursue the installation of a half signal within six months; and
urged everyone to discuss long term solutions that would not require the
necessity of a permanent light.
Tom Donner, representing the College, expressed concerns regarding the
CEQA discussions, and indicated the issue had not been previously raised,
discussed details of the ingress and egress to the Bundy campus, and made
suggestions.
The following members of the public spoke in favor of allowing access to
the Bundy campus and/or of finding other equitable solutions: Jeanne
Laurie, Gleam Davis, Shari Davis, Patti Oblath, Dr. Richard Tahvildaran-
Jesswein, Teri Bernstein, Marvin Martinez, Rob Rader, Belinda Phillips, Joe
Natoli, Sadia Molabi, Jeff Jensen, Victoria Pregler, Brenda Nicolas, Janelle
Tucker, Ida Maria Danzey, Edith Spain, Katharine Muller, Andrew Walzer,
Nancy Greenstein, Louise Jaffe, Oscar de la Torre, Linda Sullivan, Jerry
Rubin, George Kometani, Denny Zane, and Tal.
The following members of the public spoke in opposition to staff
recommendations and against additional traffic impacts in the area: Sue
Miller, Britt Allcroft, Lorraine Sanchez, Eric Gabster, John Reynolds, Zina
Josephs, Emmalie Hodgin, and Fay Lyons.
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November 8, 2005
Member of the public Dennis Allard provided suggestions on re-routing "f'
buses and shuttles~ Bob Fitzpatrick expressed various neighborhood
concems~ Mitchell Lachman discussed proactive planning, including mass
transit, for dealing with traffic congestion; and Chris Harding discussed the
issue of CEQA requirements and the possibility of implied easements for 1he
College.
Motion by Mayor Pro Tern Katz, on an interim basis - to open Douglas
Loop for egress and turning east only, contingent upon the City of Los
Angeles and L.A. City Councilmember Rosendahl push to get a half signal at
Bundy Avenue as soon as possible. In the interim, to have a signs posted,
cones, or personnel standing on the driveway to tell students to turn right
only.
The motion was seconded by Mayor O'Connor, amending to clearly state
that this action doesn't give the College additional leverage in terms of
assuming ownership of an easement. Amendment was accepted as friendly
by Mayor Pro Tern Katz, adding a time limit not to exceed nine months.
Motion to amend by Councilmember Bloom. that there be an automatic
provision that if the signal does not get installed in the allotted time, that the
exit be closed. Motion was accepted as friendly.
Motion to amend by Councilmember McKeown, to include a legal waiVl. A
the College's claim of some legal right, and that the time limit for the signal
light to be installed be through June 2006 (seven months) which is the end of
the semester. Motion was accepted as friendly.
Motion to amend by Councilmember Shriver, to require indemnification for
the College's use of the property known as the "Douglas Loop Extension".
Motion was accepted as friendly.
For the record, Mayor O'Connor restated the motion as follows: Approve
egress, to the east only, on Douglas Loop contingent on the installation by
the City of Los Angeles of a half or full signal, or some other traffic control
alternative agreed upon by all three parties, within seven months; approval is
subject to the College providing a legal waiver of the claim of some legal
right. In addition, there will be a six month extension of the temporary use
of the South Beach parking lot for student shuttles, with route revisions
implemented by the City. The College is to indemnify the City with respect
to the risk involved in the use of the egress on Douglas Loop. The motion
was approved by the following vote:
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November 8, 2005
~-
CONVENTION AND
VISITORS BUREAU
CODE ENFORCEMENT
PROGRAM
PUBLIC HEARINGS:
HOMELESS SERVICES -
COORDINATED PLAN
CLOSED SESSION:
CORRECTION OF
PREVIOUS ACTION
----./
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
8-B: Composition of the Convention and Visitors Bureau Board of'
Directors.
On order of the Mayor, this matter was continued to November 22, 2005.
8-C: FY 2005-2006 Code Enforcement Program and Priorities -
recommendation to hold discussion and give direction to staff regarding
priorities and allocation of Code Compliance resources.
On order of the Mayor, this matter was continued to November 22,2005.
9-A: Annual Review of the City's Coordinated Plan for Homeless
Services -recommendation to hold a public hearing, receive and file the
report; accept a grant in the amount of $948,907 from the U.S. Department
of Housing and Urban Development - Housing for People Who are
Homeless and Addicted to Alcohol; and approve the proposed budget
changes and appropriation.
On order of the Mayor, this matter was continued to December 13,2005.
2-D: Conference with Legal Counsel- Existing Litigation: Roberta
Cohan v. City of Santa Monica, Case No. SC 083 448.
The City Attorney advised that the amount earlier provided as a settlement
was inaccurate, and a new vote needed to be taken on this matter.
Motion by Councilmember McKeown. seconded by Mayor O'Connor, to
rescind the earlier vote for settlement, in the amount of$125,000, in the
Cohan case. The motion was unanimously approved by voice vote, with all
members present.
Motion by Councilmember McKeown, seconded by Mayor 0 'Connor, to
approve settlement, in the amount of $107,500, with an appropriation to
account number 56.205000. The motion was approved by the following
vote:
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November 8, 2005
WRITTEN REQUESTS:
HOMEOWNERS
ASSOCIA nONS -
MANAGERS
PLACEMENT FOR
HOMELESS DOGS
Mayor Pro Tem Katz was
excused at 12:25 a.m.
COUNCIL ITEMS:
PRC
Council members Bloom and
Shriver were excused at
12:26 a.m.
SOCIAL SERVICES
COMMISSION
RESIGNATION
AYES:
Councilmembers Genser, Shriver, Holbrook, McKeown,
Bloom, Mayor Pro Tern Katz, Mayor O'Connor
None
None
NOES:
ABSENT:
(NOTE: Appropriation account number was corrected at the November 22,
2005, meeting.)
I2-A: Request of Melvyn Klein to request that Council revisit the issue
of the City's responsibilities in enforcing government codes in cases
where Directors or Managers of Homeowners Associations flagrantly
and habitually violate these codes, was presented.
On order of the Mayor, the information was received and filed.
I2-B: Request of Nancy SarnofTto address Council to ask for
assistance in obtaining either a permit or a business license to allow her
to continue with her non-profit volunteer work of finding homes for
homeless dogs.
On the order of the Mayor and at the request of Ms. Sarnoff, this matter was
continued to November 22,2005.
I3-A: Appointment to three annual vacancies on the Pier Restorat.. _.
Corporation with terms ending November 10, 2009.
On the order of the Mayor, this matter was continued to November 22,
2005.
13-B: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On the order of the Mayor, this matter was continued to November 22,
2005.
13-C: Acceptance of Alex Munoz's letter of resignation from the
Recreation and Parks Commission, and authorization for City Clerk to
publish vacancy, was presented.
Motion by Councilmember McKeown, seconded by Mayor O'Connor, to
accept resignation and authorize City Clerk to publish. Motion unanimously
approved by voice vote with Councilmembers Shriver, Bloom, and Mayor
Pro Tern Katz absent.
10
November 8,2005
-.-1_
PROMENADE
VENDORS' CONTRACT
CARES-VETERANS
SERVICES
PUBLIC INPUT:
ADJOURNMENT:
~,,/
13-D: Request of Councilmember McKeown that staff report on the
progress of the Council-requested investigation into allegations of
retaliatory practices by a City contractor on the Promenade, was
presented.
The following members of the public expressed various concerns related to
the subject matter: Paul Frankel, Joe Natoli, Tracy Green, Jerry Rubin,
Daniel Ganon, Maya Liberman, Morgan Diolo, Arthur Harris, Aneeta Sagar
and Ellen Brennen.
Motion by Councilmember Genser. seconded by Councilmember McKeown
to have the City Attorney continue to explore the allegations made regardin!
retaliation and other similar factors, including contacting the existing cart
operators to understand their version of the events; and to direct staff to
prepare a general outline of the economics of tenninating the contract,
buying out the new operator, and having the City operate the program. The
motion was unanimously approved by voice vote with Councilmembers
Shriver, Bloom, and Mayor Pro Tern Katz absent.
13-E: Request of Council member Bloom to authorize staff to draft a
similar letter as that of the California Democratic Congressional
Delegation regarding the Capital Asset Realignment for Enhanced
Services (CARES) Business Plan Studies for the West Los Angeles VA.
On order of the Mayor, this matter was continued to November 22, 2005.
Member of the public M. Ross expressed various concerns.
On order of the Mayor, the City Council meeting was adjourned at J :31
a.m., in memory of the grandmother of former Recreation and Parks
Commissioner Alex Munoz.
ATTEST:
'7l;AvlCd 4~Yl
Melodi A. Pearson
Acting City Clerk
APPROVED:
FtM\ 0:1~
'" Pam 0' Connor
Mayor
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November 8, 2005