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 Tem 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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
MINUTES
1-A: The minutes of the November 22, and December 14, 2004,
and January 11, 2005, City Council meetings, were approved as submitted.
AUTOMATED STAFFING SOFTWARE
1-B: Contract amendment for automated staffing software for Police
and Fire Departments B 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.
SEAT BELT PROGRAM
1-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
1-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.
1-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 B 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 (CCS/RAS) 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: AA RESOLUTION
FINDING THAT THE SEISMIC RETROFIT OF PARKING STRUCTURE 5 IS OF BENEFIT
TO THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA,@ was presented.
There was no one present for
public comment.
Motion by Councilmember
McKeown, seconded by Mayor Pro Tem Katz, to authorize the City Manager to execute Contract No. 8844 (CCS) and
amendment to Contract No. 8197 (CCS).
The motion was approved by the following vote:
AYES: Councilmembers Bloom, McKeown,
Holbrook, Shriver, Genser, Mayor Pro Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
Motion by Mayor Pro Tem
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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
RECESS OF JOINT MEETING
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:
CLOSED SESSIONS:
2-A: Conference with Legal Counsel B 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 B Existing Litigation: City of Santa Monica v. Baron & Budd, P.C., Case No. BS 315 186.
The City Attorney reported
this matter was heard and no reportable action was taken.
2-C: Conference with Legal Counsel B 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 B 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 Tem 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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
2-E: Conference with Labor Negotiator.
City
Negotiator: Karen Bancroft, Director
of Human
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 B Existing Litigation:
City of Santa Monica v. Maria Stewart, Case No. SC 067 033.
The City Attorney reported
this matter was not heard.
2-G: Conference with Legal Counsel B Existing Litigation: Supino v. City of Santa Monica, Case No. SC 080 283, and related cases.
The City Attorney reported
this matter was not heard.
SPECIAL JOINT MEETING:
On order of the Mayor, the
City Council convened to a Special Joint Meeting with the Housing Authority,
Parking Authority and Redevelopment Agency at 7:08 p.m., with all members
present.
CONTINUED ITEMS:
MID-YEAR BUDGET
5-A: Mid-Year 2004-05 Budget Review and
Supplemental Report B recommendation that City Council approve the
proposed budget changes; approve proposed position and classification changes;
adopt Resolution No. 10017 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
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 Tem 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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
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 of homelessness 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, 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 Tem 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 staff, 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.
ADJOURNMENT OF SPECIAL
JOINT MEETING
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.
ADMINISTRATIVE
PROCEEDINGS:
1001, 1009, AND 1010 18TH
STREET
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 B 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.
RECESS
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.
2901 OCEAN PARK BOULEVARD
6-B: Appeal of the Planning Commission=s denial to modify existing 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.
Motion by Mayor Pro Tem
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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
ORDINANCES:
RENTAL UNITS
7-A: Second
reading and adoption of Interim Ordinance No. 2149 (CCS) entitled: AAN 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 Tem
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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
ALCOHOL CUP=S
7-B: Second
reading and adoption of Interim Ordinance No. 2150 (CCS) entitled: AAN 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.
Motion by Councilmember
McKeown, seconded by Mayor Pro Tem 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 Tem Katz,
Mayor
O=Connor
NOES: None
ABSENT: None
COUNCIL ITEMS:
ACCESSIBILITY 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 Tem Katz nominated Elizabeth Bancroft. There being no other nominations. Ms.
Bancroft was appointed by acclamation, with all members present.
SENIOR COMMUNITY
Commission for the Senior
Community - one vacancy for a term
ending June 30, 2007.
On order of the 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 Tem 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 of the Mayor, this
matter was continued to February 22, 2005.
WESTSIDE CITIES
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 of the Regional Comprehensive
Plan Task Force that will oversee the update to the Regional Transportation
Plan, was presented.
Motion by Mayor Pro Tem
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.
COMMUNITY WORKSHOPS
13-C: Request of Mayor O=Connor 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.
PUBLIC PARTICIPATION
WORKSHOPS
13-D: Request of Mayor O'Connor and Mayor Pro Tem 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 presented.
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 Tem Katz will attend, with
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: APPROVED:
Maria
M. Stewart Pam
O=Connor
City Clerk Mayor