CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 17, 2005
A regular adjourned meeting
of the Santa Monica City Council was called to order by Mayor O=Connor at p.m., on Tuesday, May 17, 2005, at City
Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O=Connor
Councilmember
Richard Bloom
Councilmember
Ken Genser
Councilmember
Kevin McKeown
Councilmember
Bobby Shriver
Absent: Mayor
Pro Tem Herb Katz
Councilmember
Robert T. Holbrook
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 5:54 p.m., with Councilmember Holbrook and Mayor Pro
Tem Katz absent. Councilmember Genser 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.
At the request of Mayor O=Connor, Item 1-B was removed from the Consent
Calendar.
Motion by Councilmember
McKeown, seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented except Item
1-B, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook, Mayor Pro Tem Katz
MINUTES
1-A: The minutes of April 26, 2005, City Council meeting were
approved as submitted.
1243 FRANKLIN
1-C: Final Tract Map No. 53666 for project at 1243 Franklin Street
-recommendation to adopt Resolution No. 10037 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL
TRACT MAP FOR A 5-UNIT CONDOMINIUM PROJECT,@ was approved.
BIG BLUE BUS EXPANSION
PLAN
1-B: Approval of Statement of Official Action taken for appeal of
Planning Commission=s approval for the remaining phases of the Big Blue
Bus Facility Expansion Plan.
Mayor O=Connor advised that she removed this item off the
Consent Calendar to clarify that action being taken on this matter was related
only to the appeal and that no funds are being spent. Staff confirmed the action being taken is
related to the appeal only.
Motion by Mayor O=Connor, seconded by Councilmember Shriver, to approve staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook, Mayor Pro Tem Katz
CLOSED SESSIONS:
On order of the Mayor, the
City Council recessed at 6:05 p.m., to discuss closed sessions and reconvened
at 7:10 p.m., with Councilmember Holbrook and Mayor Pro Tem Katz absent, to
report the following;
2-A: Conference with Legal Counsel B Existing Litigation:
Harmetz v. City of Santa Monica, Case No. SC 081 725.
ACTION: Heard.
No reportable action taken.
2-B: Conference with Legal Counsel B Existing Litigation:
First National Bank v. Baird Company, et al., Case No. 02 CV 610.
ACTION: Not heard.
2-C: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. Baron & Budd, PC, Case No. BS 093
502.
ACTION: Heard.
No reportable action taken.
STUDY SESSION:
3-A: Status of Water, Wastewater, Storm Water and Solid Waste
Funds and Rate Adjustment Options, was presented.
3-B: Options for Change in Application of Business License Taxes
Resulting in Exemption of Small Business and Resulting Revenue Implications for
the City of Santa Monica, was presented.
3-C: Regional Fire Dispatch Concept and Potential Applicability
for Santa Monica Fire Departm;ent, was presented.
3-D: Follow-up to Mid-Year input from Council regarding the
Operating and Capital Budgets, was presented.
There was no one present for
public comment.
On order of the Mayor, the
information was received and filed.
STAFF ITEMS:
8-A: Expedited plan check and permit process for LEED-registered
building projects B recommendation to direct City Attorney to prepare an
ordinance for expedited plan check and permit process for Leadership in Energy
and Environmental Design (LEED) registered building projects in the City, was
presented.
Member of the public Joey
Fullmer expressed various concerns.
Motion by Councilmember
McKeown, seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook, Mayor Pro Tem Katz
AFFORDABLE HOUSING
8-B: Evaluation of the City=s Affordable Housing Production Program and/or other
City housing programs/policies, consideration of how these programs/policies
should be updated to fulfill the affordable housing goals of Proposition R, and
direction to staff to prepare applicable amendments to the Affordable Housing
Production Program and/or City policies or programs and fee resolutions, was presented.
Members of the public Chris
Harding and Ken Kutcher commented on the proposed programs and policies.
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to direct staff to return with resolution adjusting fees.
Motion by Councilmember
Genser, to adopt a flat fee using a
weighted average of $26.08 for condos and $22.33 for apartments. The maker accepted the motion as friendly.
The main motion, as amended,
was approved by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor O=Connor
NOES: None
ABSENT: Councilmember Holbrook, Mayor Pro Tem
Katz
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to direct staff to prepare a affordable housing production ordinance
with three options, as follows: First option is that new multi family projects
of four units or more shall include on-site 20% of the total units as rental
units deemed restricted to be affordable to low-income households, and in
larger projects of 16 units or greater, the percent goes up to 25%; in counting
units, if it comes out to a fraction of 0.8 or higher, the developer must build
the unit; on a fraction under 0.8 developer may pay in lieu fees; if lieu fee
is being paid, the fee may be further reduced in exchange to agree to provide
onsite family-size units with 3 or more bedrooms; any additional bedroom over
the usual 2 could also off-set some appropriate portion of the in-lieu
fee. Second option is that, related to
projects that might be affordable to moderate income households, if the developer chooses to build a project
that is 100% deed restricted to moderate income households, the project is
exempt from the requirement of on-site low-income units. Option three, at the developer=s choice, units may be built off-site for any project
within Santa Monica, within a quarter mile, as long as the number of units is
twice the number required on-site.
Motion to amend by
Councilmember Genser, to reduce the
fraction to .75. The motion was accepted
as friendly by the maker.
Motion to amend by
Councilmember Genser, that as to
households that are 80% or less of median income, have another category for
limited equity for sale housing, where 100% of units were affordable to people
at median income or less. The motion was
accepted as friendly by the maker.
The motion, as amended, was
approved by the following vote:
AYES: Councilmembers Genser, McKeown,
Bloom, Mayor O=Connor
NOES: Councilmember
Shriver
ABSENT: Councilmember
Holbrook, Mayor Pro Tem Katz
Councilmember Shriver
stated, for the record, that while he supports the idea, he is not comfortable
working without an underlying predictive analysis, and if he were to make a
level of that kind of direction in his private business, he would like to have
more information on what the reaction of his customers and partners might
be. He added that he has no idea of what
the effect the ordinance will have.
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to direct staff to make changes to the Zoning Ordinance to accommodate
changes in the State law on density bonus units. The motion was unanimously approved by voice
vote, with Councilmember Holbrook and Mayor Pro Tem Katz absent.
RESOLUTIONS:
11-A: Resolution approving creation of preferential Parking Zone S
B recommendation to adopt Resolution No. 10038 (CCS)
entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CREATING
PREFERENTIAL PARKING ZONE S TO INCLUDE BERKELEY, BETWEEN COLORADO AND
PENNSYLVANIA; FRANKLIN, BETWEEN COLORADO AND NEBRASKA; PENNSYLVANIA, BETWEEN
STANFORD COURT AND CENTINELA; NEBRASKA, BETWEEN BERKELEY COURT AND CENTINELA;
AND AMENDING RESOLUTION 9344 (CCS); and recommendation to approve the proposed
budget adjustment, was presented.
Members of the public Robert
Chavez, Mary Rushfield, John Gonzalez, Sarah Ford, Maria Provenzano, Berenice
Onofre and Maria Lopez spoke in support of the recommendation.
Motion by Councilmember
Genser, seconded by Councilmember McKeown, to adopt resolution reading by title only, and waiving further reading
thereof, and approving proposed budget adjustment. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook, Mayor Pro Tem Katz
COUNCIL ITEMS:
ADULT BUSINESSES
13-A: Request of Councilmember Bloom that the Council discuss the
issue of regulation of adult businesses in the City, was presented.
Members of the public Eric
Gabster, Jeff U=ren, and Nina Fresco spoke in support of the request.
Motion by Councilmember
Bloom, seconded by Councilmember McKeown, to direct the City Attorney to review, as soon as possible,
Santa Monica ordinances relating to adult businesses and propose revisions
consistent with Council direction and community concerns; direct staff to
report back on status of Lincoln corridor study; and direct the planning
department to review zoning on Lincoln in the Land Use and Circulation Element
update. The motion was unanimously
approved by voice vote, with Councilmember Holbrook and Mayor Pro Tem Katz
absent.
EMPLOYEE SUPPORT
13-B: Request of Councilmember McKeown that the Council express
support for Santa Monica Municipal Employees', police officers' and
firefighters' participation in "Action Day for a Better California,"
May 25th, and affirm our commitment to existing negotiated benefits in City
worker contracts, was presented.
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to approve request. The motion
was unanimously approved by voice vote, with Councilmember Holbrook and Mayor
Pro Tem Katz absent.
APPOINTMENTS
13-C: Special vacancy
appointments to the following boards and commissions:
Commission for the Senior
Community, one term ending 06/30/07.
Commission on the Status
of Women, one term ending 06/30/08.
Pier Restoration
Corporation, one term ending
11/08/05.
On order of the Mayor, this
matter was continued to June 14, 2005.
PUBLIC INPUT:
Member of the public Pro Se
expressed various concerns.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 11:10 p.m.
ATTEST: APPROVED:
Maria
M. Stewart Pam
O=Connor
City
Clerk Mayor