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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. 2 November 8, 2005 ~~ CLOSED SESSIONS: Mayor 0 'Connor was excused at 7:50 p.m. Mayor 0 'Connor returned at 7:52 p.m. ----/' 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: 3 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 ~=-= 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. ~ 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 6 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. '.~ 7 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: 8 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: 9 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 11 November 8, 2005