CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 26, 2005
A special meeting of the
Santa Monica City Council was called to order by Mayor O=Connor at 5:32 p.m., on Tuesday, 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
Bobby Shriver (arrived at 6:03 p.m.)
Absent: Councilmember
Kevin McKeown
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 5:32 p.m., with Councilmembers McKeown and Shriver
absent. Councilmember Holbrook led the
assemblage in the Pledge of Allegiance.
CLOSED SESSION ADDED -
EMERGENCY ITEM
City Attorney Marsha Moutrie
advised that on July 25, 2005, the City received an offer for settlement of the
case Barnard v. City, and that because it was just received, it was not
possible to agendize it 72 hours before the meeting. The City Attorney added that Council should
consider hearing the proposal because the trial is coming up shortly.
Motion by Councilmember
Holbrook, seconded by Councilmember Bloom, to add an emergency closed session regarding Barnard v. City of
Santa Monica, The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmembers
Shriver, McKeown
RECESS TO CLOSED SESSIONS
On order of the Mayor, the
City Council recess to closed sessions at 5:37 p.m., and returned at 7:17 p.m.,
with Councilmember McKeown absent.
CORRECTION TO MINUTES
APPROVED ON JULY 12, 2005
The City Attorney requested
that the minutes of July 12, 2005, be corrected to indicate that Item 2-D Baron
& Budd was heard, and not Item 2-E, which was erroneously reported.
CLOSED SESSIONS:
2-A: Public Employee Evaluation.
Title of Employee: City Manager
ACTION: Heard.
No reportable action taken.
2-B: Public Employee Evaluation.
Title of Employee: City Clerk
ACTION: Heard.
No reportable action taken.
2-C: Public Employee Evaluation.
Title of Employee: City Attorney
ACTION: Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Stewart, Case No. SC 067 033.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd,
P.C., Case No. BS 315 186.
ACTION: Heard.
No reportable action taken.
2-F: Anticipate significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
three cases including two disputes related to real property located at
1522 6th Street and 125 Pacific.
ACTION: One case heard related to 125
Pacific. No reportable action was taken.
Emergency Item added Russell
Barnard v. City of Santa Monica,
was heard. No reportable action was
taken.
SPECIAL ITEMS:
4-A: The Mayor introduced and welcomed
newly-elected Councilman Bill Rosendahl, 11th District, Los Angeles City Council,
to the City of Santa Monica.
CONSENT CALENDAR:
Member of the public Joey
Fullmer expressed various concerns.
Members of the public Pro Se and Joe Natoli spoke in favor of adding to
the minutes, Item 1-A, specific comments made by members of the public.
Mayor O=Connor requested that Item 1-A be removed from the
Consent Calendar.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Bloom,
to approve the Consent Calendar with the exception of Item 1- A, reading
resolutions by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
ATMS
1-B: Advanced Traffic Management System (ATMS) and Parking
Management Network B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8497 (CCS) with Meyer, Mohaddes Associates,
in the amount of $139,008, for services for installation of infrastructure to
support the City=s ATMS and the parking management network; and
approve proposed appropriation of grant funds, was approved.
CONGESTION MANAGEMENT
PLAN
1-C: Recommendation to hold public hearing and adopt Resolution
No. 10059 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT
THE CITY IS IN COMPLIANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM,@ was approved.
MEETING CANCELLATION
1-D: Recommendation to cancel the regular City Council Meeting for
August 23, 2005, was approved.
MINUTES
1-A: Approval of minutes of the June 14, 2005, City Council
meeting, was presented.
The Mayor advised that she
removed this item from the Consent Calendar to clarify that the minutes are an
adequate summary of the action Council took at the meeting. She added that anyone that wants to watch the meeting,
videotapes are available at public libraries and on the City=s website.
Motion by Mayor O=Connor, seconded by Councilmember Bloom, to approve the minutes as submitted. The motion was unanimously approved by voice vote,
with Councilmember McKeown absent.
ADMIN. ITEMS:
125 PACIFIC (Councilmember Genser was excused at 7:50 p.m.)
6-A: Appeal of Landmark=s Commission designation of 125 Pacific as City
Landmark B recommendation to uphold appeal and overturn the
Landmarks Commission=s decision to designate 125 Pacific Street as a City
Landmark, was presented.
David Moss, representing
appellant, spoke in support of the appeal.
Councilmember Genser advised
that he had a conflict of interest with this matter and requested to be
excused.
Members of the public Jerry
Rubin, John Berley, Michelle Katz, Robert Minzner, Dishanya Weerasinha,
Matteson Barclay, John Nafsinger, Carlo Brooks, Kurt Heim, Rachel White, Josh
Balbien, Randy Davidson and Roger Genser spoke in opposition to the appeal.
David Moss presented a
rebuttal to public comment.
Motion by Mayor Pro Tem
Katz, seconded by Mayor O=Connor, to
uphold the appeal and overturn the Landmarks Commission=s decision.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Mayor Pro Tem Katz, Mayor O=Connor
NOES: Councilmember
Shriver
ABSENT: Councilmembers
Genser, McKeown
Councilmember Shriver
stated, for the record, that he voted in opposition because he went to look at
the building and although he is not an expert, the building had a Afeel@ about it.
851 19TH
STREET (Councilmember Genser
returned at 9:11 p.m.)
6-B: Appeal of Planning Commission=s denial of vesting Tentative Parcel Map No. 061408
for airspace subdivision for condominium project at 851 19th Street B recommendation to uphold the appeal and approve
Vesting Tentative Parcel Map No. 061408 based on the proposed findings and
conditions, was presented.
Chris Harding, representing
appellant, spoke in support of the appeal.
Member of the public Gary
Beckman expressed concerns regarding the effects of the demolition and
construction on the adjacent neighbors.
Chris Harding provided a
rebuttal to public comment.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Holbrook, to uphold the appeal and approve the Vesting Tentative Parcel Map
based on the proposed findings and conditions.
The motion was approved by the following vote:
AYES: Councilmembers Genser, Shriver,
Holbrook, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember McKeown
ORDINANCES:
HEDGES, FENCES, WALLS
7-A: Second reading and adoption of Interim Ordinance No. 2161
(CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING
NEW FENCE, WALL, AND HEDGE HEIGHT STANDARDS INCLUDING CHANGES TO THE HEDGE
DEFINITION, ALLOWABLE HEDGE HEIGHTS, DEFINED FRONT YARD AREA, FRONT YARD
ORNAMENTAL STRUCTURES, FRONT YARD SAFETY GUARDRAILS, AND TERRACED WALLS;
GRANDPARENTING EXISTING NONCONFORMING HEDGES, FENCES AND WALLS, AND
ESTABLISHING ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICATION PROCEDURES,@ was presented.
Motion by Councilmember
Shriver, 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, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Holbrook, to direct staff to return within 60 days with a clear definition(s) of
a hedge to be discussed publicly.
MORATORIUM - THIRD STREET
PROMENADE
7-B: Second reading and adoption of Interim Ordinance No. 2162
(CCS) entitled: AAN ORDINANCE OF THE CITY OS SANTA MONICA EXTENDING A
MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE GROUND FLOOR OF THE THIRD
STREET PROMENADE, WITH LIMITED EXCEPTIONS,@ was presented.
AFFORDABLE HOUSING
7-C: Introduction and first reading of an ordinance 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 mechanism
to adjust or waive the requirements of Chapter 9.56; and resolution revising
the affordable housing unit base fee for new market-rate multifamily
development, was presented.
Member of the public Joey
Fullmer expressed various concerns.
Member of the public Chuck Allord spoke in favor of on-site affordable
housing. Member of the public Chris
Harding spoke in support of higher fees provided their impact is known. Member of the public Mario Savvides spoke in
support of a high increase of the fees.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to introduce the ordinance amended to change the time the fee is fixed
to the time of issuance of building permit.
Substitute motion by
Mayor Pro Tem Katz, seconded by Councilmember Shriver, to put over for at least 60 days and direct staff
to do a study on what the fee should be and do a comparative analysis. The motion failed by the following vote:
AYES: Councilmembers Holbrook, Shriver,
Mayor Pro Tem Katz
NOES: Councilmembers
Bloom, Genser, Mayor O=Connor
ABSENT: Councilmember
McKeown
The main motion failed by
the following vote:
AYES: Councilmembers Bloom, Genser, Mayor
O=Connor
NOES: Councilmembers
Holbrook, Shriver, Mayor Pro Tem Katz
ABSENT: Councilmember
McKeown
Councilmember Genser
requested to change his vote on the main motion to ANo@ so he can request a reconsideration that can
agendized at a future meeting with a full Council. Based on Councilmember Genser=s request, the main motion failed with a final vote
as follows:
AYES: Councilmembers Bloom, Mayor O=Connor
NOES: Councilmembers
Holbrook, Shriver, Genser, Mayor Pro Tem Katz
ABSENT: Councilmember
McKeown
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Shriver, to direct staff to make a study on the fees as proposed by consultant
Mr. Silvern and return by the next full Council meeting. The motion failed by the following vote:
AYES: Councilmember Holbrook, Shriver,
Mayor Pro Tem Katz
AYES: Councilmembers Genser, Bloom, Mayor
O=Connor
ABSENT: Councilmember
McKeown
RACE ROUTES
7-D: Introduction and first reading of an ordinance amending
Section 4.68.160 of the Municipal Code to establish a new 5/10K race route,
eliminate an existing race route, and modify the permitted race time,
frequency, and lane configuration parameters, was presented.
There was no one present for
public comment.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Genser,
to introduce the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
DRIVEWAYS
7-E: Introduction and first reading of interim ordinance extending
provisions of Interim Ordinance No. 2159 (CCS) to allow administrative approval
of the number and type of driveways required for parking structures with over
40 spaces in multi-family, commercial and industrial districts, was
presented.
There was no one present for
public comment.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Genser,
to introduce the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
ENERGY/BUILDING CODES
7-F: Resolution No. 10060 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA MAKING
FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL CONDITIONS;@ and introduction and first reading of an ordinance
adopting the 2005 edition of the California Energy Code and local amendments to
the California Building, Energy and Plumbing Codes related to fire sprinklers
in existing buildings, additional energy conservation measures and the use of
non water-using urinals as plumbing fixtures; adds new regulations related to
abrasive blasting and operator qualifications; extends time to obtain building
permits; provides priority plan checking for LEED certified Green Buildings;
changes requirements for residential building records; and transfers inspection
responsibility for sewer capping to the Building Officer, was presented.
Member of the public Joey
Fullmer expressed various concerns.
Member of the public Chuck Allord spoke against required retrofitting of
existing older apartment buildings with sprinklers. Member of the public Stacy Brown spoke in
support of the proposal.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem Katz,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown.
Motion by Mayor Pro Tem
Katz, seconded by Mayor O=Connor, to
introduce the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
COMMERCIAL/INDUSTRIAL
USES
7-G Introduction and first reading of an ordinance amending
Section 9.04.18.040 of the Municipal Code to allow existing commercial and
industrial uses with valid conditional use permits without expiration dates to
remain, subject to a renewed Conditional Use Permit.
On order of the Mayor, this
matter was continued to August 9, 2005.
LANDMARKS ORDINANCE
7-H: Introduction and first reading of an ordinance amending
non-substantive provisions of Sections 9.36.120 and 9.36.180 of the Landmarks Ordinance
to eliminate actual or potential ambiguities in the ordinance and to serve the
interests of clarity and brevity, was presented.
There was no one present for
public comment.
Motion by Mayor O=Connor, seconded by Mayor Pro Tem Katz, to introduce the ordinance, reading by title only
and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
McKeown
STAFF ITEMS:
DENSITY BONUS
8-A: Discussion of changes to California=s density bonus law and direction to staff to prepare
an ordinance to comply with State law
- recommendation that Council discuss recent changes to California's density
bonus law, provide direction on how best to align local objectives and policies
regarding affordable housing with State law, and direct staff to prepare an
ordinance to comply with State law.
On order of the Mayor, this
matter was continued to August 9, 2005.
SMC - BUNDY ACCESS (Councilmembers Bloom and Shriver were excused at
12:10 a.m.)
8-B: Santa Monica College (SMC) Bundy Campus Pedestrian Access
- recommendation to extend current temporary pedestrian access agreement with
SMC to facilitate start up of 2005 semester provided SMC identifies alternative
location for fall shuttle operations and uses lot it currently leases from
Airport solely for those attending
classes at the Bundy Campus; and, that the city, Los Angeles, and SMC
immediately commence discussions to cooperatively identify parking and traffic
management solutions for SMC operations system-wide, was presented.
The following members of the
public spoke in favor of allowing access to the College: Leslie Ann Kawaguchi, Erica Le Blanc, W.
Schading, Bob Fitzgerald, Richard Tahuldaran-Jessweir, Tom Donner, Don Girard,
Carole Curry, Dennis Zane, Rob Rader, Susan Aminoff, Katherine Muller, Andrew
Walzer, Louise Jaffe, Maria Loya, Oscar de la Torre, Linda Sullivan, and Jerry
Rubin.
Member of the public Kenneth
Alpern stated he would like all three entities to talk, but keep in mind SMC
has no credibility. Members of the
public Zina Josephs, Eric Gabster, Mary Elizabeth Booth, Stacy Brown and Susan
Hartley spoke in support of staff recommendation.
Motion by Councilmember
Holbrook, seconded by Mayor Pro Tem Katz, to direct staff to meet with college staff and solve the issue of
providing access to SMC from Airport Avenue, promptly, and to consider the
College=s proposal.
Staff to determine if communication with L.A. is needed or is practical.
Discussion ensued on the
merits of the motion. The motion was
subsequently withdrawn.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem Katz,
to direct appropriate staff to analyze the college's proposal, re-engage with
the college and City of L.A. looking for short-term and long-term solutions,
considering neighborhood concerns, and with ample time to allow for community
input; and authorize staff to extend temporary pedestrian access. The motion was unanimously approved by voice
vote, with Councilmembers McKeown, Shriver and Bloom absent.
PUBLIC HEARINGS:
STORMWATER PARCEL REPORT
9-A: Public hearing and approval of the Stormwater Parcel Report
describing each parcel in the City and the amount of each parcel=s Stormwater Management User fee for FY 2005-06, was presented.
There was no one present for
public comment.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem Katz,
to approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser,
Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmembers
Bloom, Shriver, McKeown
WRITTEN REQUESTS:
12-A: Request of Linda Rider to discuss the matter of day laborers at
the 11th Street and Colorado intersection and to request that a Ano loitering@ zone be established.
On order of the Mayor, this
matter was continued to August 9, 2005.
COUNCIL ITEMS:
CODE COMPLIANCE POSITIONS
13-A: Request of Councilmember Shriver to advance consideration of a
planned discussion of Code Compliance activity so that a timely determination
can be made regarding whether the three authorized currently vacant Code
Compliance positions are necessary and could finance other community
priorities.
On order of the Mayor, this
matter was continued to August 9, 2005.
APPOINTMENTS
13-B: Annual and special vacancy appointments to the following boards
and commissions:
On order of the Mayor, the
following appointments were continued to August 9, 2005:
Commission for the Senior
Community - One unscheduled vacancy and one Emeritus vacancy.
Social Services Commission -
one annual vacancy.
BLDG. & SAFETY
13-C: Appointment to one special vacancy on the Building and Safety
Commission for a term ending June 30,
2008.
On order of the Mayor, this
matter was continued to August 9, 2005.
BAYSIDE DISTRICT
13-D: Appointment to one special vacancy on the Bayside District
Corporation for a term ending June 30, 2007.
On order of the Mayor, this
matter was continued to August 9, 2005.
USE OF COUNCIL CHAMBERS
13-E: Request of Mayor O=Connor that the City Council waive customary fees for
use of Council Chambers to allow the Assembly Select Committee on Air and Water
Quality to hold a hearing on the effects of climate change in California on
Thursday, August 11, 2005, from 9:00am to 1:00pm, was presented.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Genser,
to approve request. The motion was
unanimously approved with Councilmembers Bloom, Shriver, and McKeown absent.
RESIGNATION
13-F: Acceptance of Colin Maduzia=s letter of resignation from the Landmarks
Commission, and authorization for City Clerk to publish vacancy, was presented.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Genser,
to accept letter with regrets and authorize the Clerk to publish vacancy. The motion was unanimously approved with
Councilmembers Bloom, Shriver, and McKeown absent.
PUBLIC INPUT:
Members of the public Pro
Se, W. Schading, Joe Natoli, Igale Shadian and M.. Ross discussed various
concerns and issues.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 1:21 a.m., in memory of Retired Santa
Monica Police Detective Charles Wilson.
ATTEST: APPROVED:
Maria
M. Stewart Pam
O=Connor
City
Clerk Mayor