M-5/11/2004
CITY OF"SANTA MONICA
CITY COUNCIL SPECIAL MEETING MINUTES
MAY 11, 2004
A Special Meeting of the Santa Monica City Council was called to order by Mayor Bloom at 7:03
p.m., on Tuesday, May 11, 2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 8:00 p.m.)
Absent:
Councilmember Robert T. Holbrook
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 7:03 p.m., with
Councilmembers Holbrook and O'Connor absent. Richard Hilton,
Disabilities Commissioner, 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 Chuck Allord expressed views on
Consent Calendar items.
At the request of Councilmember Katz, Item l-C was removed from the
Consent Calendar. At the request of Councilmember Genser, Item I-E was
removed from the Consent Calendar.
Motion by Mayor Bloom. seconded by Councilmember Katz, to approve all
items on the Consent Calendar as presented except Items l-C and I-E,
1
May 11, 2004
MINUTES
EUCLID PARK
DESIGN SERVICES
BIG BLUE BUS
EXPA1-~SION
reading resolutions and ordinances by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKem\<1I, Mayor Bloom
None
Councilmembers Holbrook, O'Connor
NOES:
.ABSE!\TT:
I-A: The minutes of March 23 and April 13, 2004, City Council meeting,
\vere approved.
I-B: Euclid Neighborhood Park Project - recommendation to authorize
the City Manager to negotiate and exe.cute Contract No. 8342 (CCS), with
Rios Clementi Hale Studios, in the amount of $101,497, for design services
for the project, was approved.
1-D: Centinela Basin Urban RunoffM.itigation Project-
recommendation to authorize the City Manager to negotiate and execute
professional services agreement No. 8344 (CCS), with Black & Veatch
Corp.oration, in the amount of$250,000, to provide design services for the
City's Centinela B<b"in Urban Runofftv1itigation Project, was approved.
l-C: Big Blue Bus Campus Expansion Project Phases ll-IV -
recommendation to authorize the City Manager to negotiate and execute
pre-construction Contract No. 8343 (CCS), with S\\>"lnerton Builders, in the
amount of $650,000, for the expansion project, was presented.
Councilmember Kaiz advised he had removed this matter from the Consent
Calendar because he had questions, was concerned that Council had not
seen plans for the project, and because he felt that the reconunendation was
premature.
Staff replied to Councilmembers' questions and provided additional
information.
Motion by :Mayor Bloom.. sec-Onded by ftfayor Pro TemMcKeo"\\r!!, to
approve staff recow..mendation. The motion was approved by the follOwing
vote:
AYES:
Councilmembers Genser, Feiru.i:ein, Mayor Pro Tern
I'v1cKeoWll, Mayor Bloom
Councilmember Katz
NOES:
ABSENT:
Councilmembers O'Corillor, Holbrook
2
May 11, 2004
Councilmember Katz stated, for the record, that he voted in opposition to
the motion because he feels the action is premature, the project is not ready
to proceed, and it is not time to make this expenditure.
101 AND 129 ]-E: Request to authorize staff to explore and negotiate possible
SANTA MONICA BLVD. purchase of property located at 101 Santa Monica Boulevard and 129
Santa Monica Boulevard, was presented.
RECESS
CLOSED SESSIONS
Council member 0 'Connor
arrived at 8:00 p.m.
PROCLAMATION:
MENTAL HEALTH
AWARENESS
HISTORICAL
PRESERVATION
AGENDA ORDER
Councilmember Genser advised that he removed this item from the Consent
Calendar because he did not understand how these properties fit in witl1 the
Downtown Parking Plan and was concerned that the focus on the project
was being lost.
Staff provided additional information and answered Councilmembers'
questions.
Motion by Mayor Bloom. seconded by Councilmember Genser, to approve
staff recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
On order of the Mayor, the City Council recessed at 7:34 p.m., to a special
meeting of the Redevelopment Agency and reconvened at 7:49 p.m., to
adjourn to closed sessions with Councilmembers O'Connor and Holbrook
absent.
On order of the Mayor, the City Council reconvened at 8:54 p.m., with
Councilmember Holbrook absent. On order of the Mayor, action taken on
closed sessions was reported at the end of the meeting.
4-A: Proclamation declaring May 2004 Mental Health Awareness
Month in the City of Santa Monica, was issued by Mayor Bloom.
4-B: Proclamation declaring May 2004 Historical Preservation Month
in the City of Santa Monica, was issued by Mayor Bloom.
On order of the Mayor and with the consensus of Council, Item 8- A to be
heard next, out of order, and Item 7-A to be continued to Tuesday, May 18,
2004, at 6:00 p.m.
3
May 11, 2004
STAFF ITEMS:
SCHOOL FUNDING
CONTRACT
Mayor Pro Tem McKeown
was excused at 9:02 p.m.
DOWNTOWN URBAN
DESIGN PLAN
Mayor Pro Tem McKeown
returned at /0:19 p.m.
8-A: Request for direction to staff regarding proposed terms for a
new contract providing payments to the Santa Monica-Malibu Unified
School District in Exchange for community access to school facilities,
was approved as amended.
Mayor Pro Tern McKeown requested to be recused from this matter due to
a conflict of interest because of his employment relationship with the School
District.
The following members of the public spoke in support of the proposed
contract: Jerry Rubin, Patricia Joffinan, Jose Escarce, John Deasy. Mona
Gandarra, representing the City of Santa Monica's Employee Coalition,
spoke on the Coalitions position on the proposed contract and in favor of
supporting City employees.
Motion by Councilmember Katz.. seconded by Councilmember Genser, to
approve the proposed contract, amended to include an annual report
prepared by both the School District and the City and presented to both
entities; that the School District comply with the Brown Act, that the School
District's budget be placed online and in City libraries; and that there be
continued oversight by the existing School Oversight Committee with an
annual report to the Community. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers O'Connor, Genser, Katz, Mayor Bloom
None
Councilmember Holbrook, Mayor Pro Tem McKeown
Councilmember Feinstein
7-B: Introduction and first reading of an Ordinance of the City of
Santa Monica modifying the Development, Design, and Application
Review Standards for projects developed within the BSCD, C3, and
C3D Zoning Districts; and direct staff to study the possibility of
modifying the off-street parking requirements for multi-family
residential uses and small pedestrian oriented uses in the downtown;
investigate the feasibility of shared parking facilities where different
uses share a parking facility during different times; study feasibility of
extending the Parking Assessment District to allow the option of a
similar in-lieu parking fee for commercial uses in the C3 and C3C
districts; update the Downtown Urban Design Plan to reflect proposed
streetscape improvements for 6th and 7th Streets, and investigate
possible funding mechanisms to ensnre that the proposed streetscape
4
May 11,2004
DEVELOPMENT
REVIEW THRESHOLDS
ORDINANCES:
DEVELOPMENT AND
DESIGN STANDARDS-
MULTI-FAMILY
improvements would not have a significant financial funding impad on
the City.
On order of the Mayor, this matter was continued to a future meeting.
7-C: Introduction and first reading of an interim ordinance
extending the provisions of Ordinance No. 2060 (CCS) with
modifications which altered the Development Review Thresholds in the
C3, DC and BSC Districts to 7,500 square feet, and exempted
affordable housing projects with no more than 50 units from
Development Review Permit and Conditional Use Permit Requirements
in various zoning districts, was presented.
Members of the public Patricia Hoffinan, Joey Fullmer, Nina Fresco, Darrell
Clarke, Virginia Clarke, Arlene Hopkins, Mirchell Lachman, Lori Whitesell,
Ellen Brennan, Arthur Harris, Chris Harding, Jeff Segal, Ken Marino, Judy
Avery, Susan Griesberg, Emmalie Hodgin, Mark Armour, Britt Allcroft
presented their opinions and suggestions on the proposed ordinance.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to introduce and hold first reading of the ordinance, extending the date to
March 11, 2007, and including minor modifications to the exemption
proposal as indicated by Deputy City Attorney Barry Rosenbaum, reading
by title only and further reading thereof
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
CounciImembers Katz, O'Connor
Councilmember Holbrook
NOES:
ABSENT:
Motion by Mayor Bloom. seconded by Councilmember Feinstein. to direct
staff to return with a more aggressive schedule option on this matter. The
motion was unanimously approved by voice vote, with Councilmember
Holbrook absent.
7-A: Adoption of interim ordinance No. 2123 (CCS) entitled: "AN
INTERIM ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING THE MODIFICATIONS TO DEVELOPMENT
STANDARDS At'ID BUILDING HEIGHT PROJECTIONS FOR
PROJECTS DEVELOPED WITHIN THE LOW DENSITY, MEDIUM
DENSITY, A.1Iffi IDGH DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION
PERMITS AND DECLARING THE PRESENCE OF AN EMERGENCY"
and introduction and first reading of one of two alternative ordinances
that modify the mnlti-family development standards and establish
5
May 11, 2004
WRITTEN
COMMUNICATIONS:
LmRARY BOND
COUNClLMEMBER
DISCUSSION ITEMS:
SENIOR COMMUNITY
PERSONNEL BOARD
design standards for properties in tbe R2 Low Density Multiple Family
Residential and R3 Medium Density Multiple Family Residential and
R4 High Density Multiple Family Residential Districts, amends tbe
application processing requirements for administrative approvals
applications, ARB applications, and design compatibility permit
applications in tbe R2, R3, R4, BSCD, C3, and C3-C Districts and
establisbes of a design standards permit in tbese districts, cbanges to
tbe definitions, demolition and project design and development
standards section of tbe zoning ordinance. Otber related changes
include tbe condominium section and the North of Wilshire Overlay
that will be eliminated, was presented.
On order of the Mayor, action to be taken only on the emergency ordinance
on this date. This meeting was continued for discussion and consideration
for the matter to May 18,2004, at 6:00 p.m.
Motion by Mayor. Pro Tern McKeown. seconded by Councilrnernber
Genser, to adopt the interim ordinance only, reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
I2-A: Request of Tom Carter to address Council regarding Library
Bond application to multi-family properties and property tax
distribution to Santa l\1Ionica Malibu Unified School District, was
presented.
On order of the Mayor, staffwas directed to provide information item.
13-A: Appointment to two special vacancies on the Commission for
tbe Senior Community for a terms ending June 30, 2007.
On order of the mayor, this matter was continued to June 8, 2004.
13-B: Appointment to one annual vacancy on the Personnel Board for
a term ending June 30, 2008, and one special vacancy for a term ending
June 30, 2006.
On order of the mayor, this matter was continued to June 8,2004.
6
May 11, 2004
RESIGNATION
Council member Katz was
excused at 12:20 a.m.
CONFERENCE OF
MAYORS
FENCES, HEDGES
AND FLAG POLES
PUBLIC INPUT:
RECESS
CLOSED SESSIONS
ORDINANCES:
DEVEWPMENT AND
DESIGN STANDARDS-
MULTI-FAMILY
13-C: Acceptance of Henry Lichtman's letter of resignation from the
Bayside District Board, and authorization for City Clerk to publish
vacancy, was presented. .
Motion bv Councilmember Feinstein. seconded by Councilmember Genser,
to accept letter with regrets and authorize the City Clerk to publish vacancy.
The motion was unanimously approved by voice vote with Council members
Holbrook and Katz absent.
13-D: Request of Councilmember O'Connor to authorize travel funds
for any Councilmember who wishes to attend the U.S. Conference of
Mayors in June 2004, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
F einsteill, to approve request. The motion was unanimously approved by
voice vote with Council members Holbrook and Katz absent.
13-E: Request of Councilmember Holbrook and Councilmember Katz
to request staff to report on regulations regarding fences, hedges and
flag poles and enforcement practices relating to those regulations, and
possible direction to staff to amend the regulations related to those
issues.
On order of the Mayor, this matter was continued to June 8,2004, as a 5-
item.
Members of the public Pro Se, Brian Hutchings and Jerry Rubin commented
on vanous Issues.
On order of the Mayor, the City Council recessed the Council meeting at
12:30 a.m., and reconvened on Tuesday, May 18,2004, at 6:05 p.m., with
Councilmember Holbrook absent.
On order of the Mayor, the City Council recessed at 6:06 p.m., to hear
closed sessions and returned at 7:15 p.m., with Councilmembers Holbrook
and O'Connor absent.
7-A: Introduction and first reading of one of two alternative
ordinances that modify the mnlti-family development standards and
establish design standards for properties in the R2 Low Density
Multiple Family Residential and R3 Medinm Density Multiple Family
Residential and R4 High Density Multiple Family Residential Districts,
amends the application processing requirements for administrative
approvals applications, ARB applications, and design compatibility
permit applications in the R2, R3, R4, BSCD, C3, and C3-C Districts
7
May 11,2004
CLOSED SESSIONS
and establishes of a design standards permit in these districts, changes
to the definitions, demolition and project design and development
standards section of tbe zoning ordinance. Other related cbanges
include tbe condominium section and the North of Wilshire Overlay
that will be eliminated, was presented
The following members of the public expressed their views and comments
on the proposals: William Adams, Nina Fresco, Darrell Clark, Virginia
Clarke, Arlene Hopkins, Mitchell Lachman, Ellen Brennan, Arthur Hams,
Joan Charles, Jay Johnson, Robert Donin, Joel Brand, and Jerry Rubin.
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to incorporate proposed design standard guidelines and maintain
Architectural Review Board review process with the potential of appeaL
Discussion ensued on the motion. After considerable discussion the maker
and seconder withdrew the motion.
Motion by CounciImember Genser. seconded by Councilmember Kag, to
direct staff to return with an ordinance including existing standards;
processing process to remain the same except that if projects meet standards
then they only need to go through Architectural Review Board (ARB) and
are appealable to the Planning Commission; and that there may be some
restrictions on the scope of the ARB. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Genser, Katz, Feinstein, Mayor Bloom
Mayor Pro Tern McKeown
Councilmembers 0' Connor, Holbrook
Mayor Pro Tern McKeown stated, for the record that he voted in opposition
to the motion because it significantly reduces the role of the Planning
Commission and its public hearings, particularly with respect to condos.
On order of the Mayor, the City Council recessed at 10:30 p.m., to hear
closed sessions and returned at 11: 10 p.m. to report on action taken on
closed sessions.
2-A: Public Employee Evaluation
Title of Employee: City Attorney.
ACTION:
Not held.
8
May 11,2004
2-B: Conference with Legal Counsel- Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SC 067 899.
Motion by Mayor Bloom. seconded by Council member Katz, to approve a
settlement that includes: City to pay settlement of$125,000, demolition of
2000 Main will be completed and debris will be hauled away, the City will
abide by the Code relative to the time the developer has to commence and
complete construction, certain plan check fees wiJ) be waived, developer will
waive claim against the City regarding on-site affordable housing
requirements, the City will release certain claims pertaining to planning and
EIR fees, and the developer will waive all claims regardi~g the processing of
this project including but not limited to claims involving CEQA and the plan
check process. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: Mansour
Haghighi v. City of Santa Monica, Case No. SC 076 515.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Robert
Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086
908.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: AB
Cellular LA~ LLC~ dba AT&T Wireless v. City of Santa Monica, Case
No. CV 03-9129.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Not heard.
9
May 11, 2004
2-G: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
Motion by Mayor Bloom.. seconded by Councilmember Feinstein, to
approve four of the six cases of anticipated litigation involving developer
Craig Jones and properties at 1420 5th Street (settlement agreement No.
8365 (CCS)), 1442 5th Street (settlement agreement No. 8364 (CCS)), 606
Broadway (settlement agreement No. 8367 (CCS)), and 507 Wilshire
Boulevard (settlement agreement No. 8366 (CCS)) relative to affordable
housing requirements so that the projects would be governed by the
applicable housing provision of the version of Ordinance 2060, introduced
for first reading on May 11, 2004; developer will agree to waive his right to
challenge Ordinance 2060 with respect to these projects; all other aspects of
the projects will also conform to Ordinance 2060; attorneys' fees will be
waived and settlement will not be used to support any fee claim in any other
litigation; and settlement is subject to the passage and adoption of Ordinance
2060 as amended by the Council on May 11, 2004. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
The City Attorney announced that the two other cases were not heard.
2-H: Conference with real property negotiator:
Property: 1601)4th Street
City negotiator: Jeff-Matli(eu
Under negotiation: Interest in Real Property
Owner of Record: Riverstone LLC
ACTION:
Heard. No reportable action taken.
2-1: Conference with real property negotiator:
Property: 1310 11th Street
City negotiator: JefT Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
10
May 11, 2004
ADJOURNMENT:
2-J: Conference with real property negotiator:
Property: 1707 - 1717 4th Street
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
2-K: Conference with real property negotiator:
Property: 1631 - 165116th St. and 1630 - 1648 17th St.
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
2-L: Conference with real property negotiator:
Property: High School Property @ 4th & Pi co
City negotiator: Jeff Mathieu
Under negotiation: Interest in Real Property
Owner of Record: SMMUSD
ACTION:
Not heard.
On order of the Mayor, the City Council meeting was adjourned at 11: 12
p.m., in memory of Valerie Gruzen.
ATTEST:
APPROVED:
~~..~
~~
Maria M. Stewart
City Clerk
Richard Bloom
Mayor
11
May 11, 2004