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M-5/10/2005 CITY OF SANTA MONICA CITY COUNCD.. MINUTES MAY 10,2005 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:52 p.m., on Tuesday, May 10,2005, 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 Kevin McKeown Councilmember Bobby Shriver Absent: Councilmember Robert T. Holbrook Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order ofthe Mayor, the City Council convened at 5:52 p.m., with Councilmember Holbrook absent. Councilmember Shriver 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. Pro Se and Anita Phillips commented on various Consent Calendar items. At the request of Council member Shriver, Items 1-6 and I-H were removed from the Consent Calendar. At the request of Councilmember Katz, Item I- F was removed from the Consent Calendar. Motion by Councilmember Bloom. seconded by Councilmember Katz. 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: 1 May 10, 2005 MINUTES OLD POLICE BLDG. SURF CLASSES 3010 Wn..SBIRE HEAL THE BAY 1601 14m STREET AYES: Councilmembers Genser, Shriver. McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: I-A: The minutes of March 15, and April 12, 2005, City Council meeting were approved as submitted. I-B: Demolition of former Police Building - recommendation to waive competitive bidding and authorize the City Manager to negotiate and execute an amendment to Contract No. 8472 (CCS) with Action Environmental Enterprises. Inc., in the amount of$559,035, for a design build contract for demolition of the former police building, was approved. l-C: Instruction of surf classes and camps - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8468 (CCS) with Surf Academy, in the amount of $180,000, for operation of surf camps and classes, was approved. I-D: Statement of Official Action taken on appeal of the Planning Commission's decision related to unmanned wireless telecommunica- tion facility at 3010 Wilshire Boulevard. was approved. I-E: Heal the Bay Educational and Outreach Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8469 (CCS) with Heal the Bay, in the amount of $50.000. to provide educational and outreach services for K-12 public and private schools in the City, was approved. I-F: Interim and long-term uses for 160114th Street- recommendation to approve the proposed interim uses for the site and authorize staff to initiate the planning process for interim improvements. was presented. Mayor Pro Tern Katz advised he removed this item from the Consent Calendar to ask questions related to impact of interim uses on long term uses. Staff replied to questions from Councilmembers. Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser. to approve staff recommendation. The motion was approved by the following vote: 2 May 10, 2005 AYES: Councilmembers Genser, Shriver, McKeown. Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: AIRPORT PARK I-G: Santa Monica Airport Park Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8470 (CCS) with Los Angeles Engineering, in the amount of$6,782,095, for construction of the project; and Contract No. 8471 (CCS) with Black & Veatch, in the amount of$5oo,Ooo, for construction management services for the project; and appropriate funds as proposed, was presented. Councilmember Shriver advised he removed this matter from the Consent Calendar to obtain information on Santa Monica College's proposed parking structure project at the Airport. Staff to provide information to Council on this matter. Motion by Councilrnember Genser. seconded bv Mayor Pro Tern Katz. to approve staff recommendation. AYES: Councilmembers Bloom, McKeown. Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: GRANT FUNDS I-H: Application for grant funds for housing for tbe homdess and for alcohol addiction programs - recommendation to authorize the City Manager to execute all necessary documents required for submission of application to the U.S. Department of Housing and Urban Development for $1 million in funding targeting people who are homeless and addicted to alcohol, was approved. Councilmember Shriver stated he removed this matter from the Consent Calendar to clarify that this action is to authorize staff to apply for federal funds, and is not an expenditure of the City. Motion by Council member Shriver. seconded by Mayor Pro Tem Kag, to approve staff recommendation. The motion was approved by the following vote: 3 May 10, 2005 AYES: Councilmembers Bloom, McKeown, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: RECESS On order of the Mayor, the City Council recessed to a special meeting of the Redevelopment Agency at 6:14 p.m., with CouncilmemberHolbrook absent. RAND AGREEMENT SPECIAL MEETING OF THE REDEVEWPMENT AGENCY: On order of the Chair, the Redevelopment Agency convened to a special meeting at 6: 14 p.m., with Agency Member Holbrook absent. 1-1: Extension of Lease Agreement between Agency and RAND- recommendation that the Agency authorize the Executive Director to negotiate and execute an extension to Lease Agreement No. 7641 (RAS) with RAND~ and to execute an amendment to Owner Participation Agreement No. 7639 (RAS), was presented. There was no one present for public comment. Motion by Agency Member Katz. seconded by Agencv Member McKeown to approve staff recommendation. The motion was approved by the following vote: AYES: Agency Members Bloom, McKeown, Shriver, Genser, Chair Pro Tern Katz. Chair O'Connor None Agency Member Holbrook NOES: ABSENT: RECESS SPECIAL MEETING On order of the Chair, the Special Meeting of the Redevelopment Agency adjourned to a joint meeting with the City Council at 6: 15 p.m., with Councilmember Holbrook absent. PARKING STRUCTURE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE NO.4 REDEVELOPMENT AGENCY: I-J: Seismic Retrofit improvements to Parking Structure 4 - recommendation for City Council to authorize the City Manager to negotiate and execute a Contract (8473 (CCS) with Black & Veatch. in the amount of $665,000, for design of seismic retrofit improvements; for City Council and Redevelopment Agency to authorize the City Manager and 4 May 10,2005 ,.",.. ADJOURNMENT OF JOINT MEETING CLOSED SESSIONS Executive Director, respectively, to execute Cooperation Agreement No. 8474 (CCS/RAS) for payment of associated costs, and to adopt respective Resolution Nos. 10035 (CCS) and 490 (RAS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT THE SEISMlC RETROFIT OF PARKING STRUCTURE 4 BENEFITS THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA," was presented. Assistant City Manager Gordon Anderson stated, for the record that staff has concluded that the seismic retrofit improvements for this project are categorically exempt pursuant to CEQA guidelines 1530lD and 15301F. Member ofthe public Susan Fraser spoke regarding safety issues in parking structures. Motion by Mayor Pro Tern Katz. seconded by Councilmernber Bloom. to authorize the City Manager to negotiate and execute the proposed contract. The motion was approved by the fonowing vote: AYES: Councilmernbers Genser, Shriver, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmernber Holbrook NOES: ABSENT: Motion by Councilmember Bloom. seconded by Mayor Pro Tem Katz. to adopt Resolution 10035 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmernber Holbrook NOES: ABSENT: On order of the Mayor, the Special Joint meeting was adjourned at 6:20 p.m., and the regular City Council meeting reconvened with Councilmember Holbrook absent. On order of the Mayor, the City Council recessed at 6:27 p.m., to discuss closed sessions and reconvened at 7:15 p.m., with Councilmember Holbrook absent, to report the following: 2-A: Conference witb Legal Counsel- Existing Litigation: Bermetz v. City of Santa Monica, Case No. SC 081 725. 5 May 10, 2005 SPECIAL ITEMS: ORDINANCES: CALIFORNIA ELECTRICAL CODE ACTION: Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Stewart, Case No, SC 067 033. ACTION: No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: Holbrook & Katz v. City of Santa Monica, LASC Case No. BS 086 908, on appeal to the Court of Appeal, Second Appellate District. ACTION: Not heard. 2-D: Conference with Legal Counsel- Existing Litigation: Apartment Association of Los Aneeles. Inc. v. City of Santa Monica. Case No. SC 083 . ACTION: 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: No reportable action taken. 2-F: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. City of Los AnJeles (Playa Vista), Case No. BS 093 502. ACTION: No reportable action taken. 4-A: Mayor O'Connor issued a proclamation declaring May 2005 Historic Preservation Month in the City of Santa Monica. 7-A: Resolution making necessary findings and introduction and first reading of an ordinance amending Chapter 8.24 of the Code to adopt the 2004 edition of the California Electrical Code and local amendments to the Code - recommendation to adopt a Resolution No. 10036 (CCS) entitled; "A RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS REGARDING LOCAL CLlMATIC, GEOLOGICAL AND TOPOGRAPlllC CONDITIONS PURSUANT TO THE HEALTH AND SAFETY CODE, AS REQUIRED TO ADOPT LOCAL AMENDMENTS TO THE CODE," and to introduce the ordinance for first reading, were introduced. 6 May 1 0, 2005 ..... STAFF ITEMS: HEDGESIFENCES Member of the public Joey Fullmer expressed various concerns. Motion bv Councilmember McKeown. seconded by Mayor Pro Tern Kat~ to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor Pro Tem Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: Motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz. to introduce the ordinance for first, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor Pro Tem Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: Motion by Mayor Pro Tem Katz. seconded by Councilmember McKeo:lY!!, to direct staff to study the concept of eliminating ROMEX as a viable electrical wiring. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 8-A: Report on public input received regarding new fence, hedge, and waD regulations, and alternative regulatory options - recommendation that the Council provide direction regarding preferred alternatives for an interim ordinance regulating fences, hedges and walls, was presented. Discussion ensued on the time of the hour and on the time needed to deliberate on this matter. It was the consensus ofCouncilmembers to hear public comment tonight and continue deliberation and action to a future meeting. Members of the public Candy Arnold, Cynthia Cotton, Eldon Cotton, and Ann Greenspun spoke in support of enforcement of current regulations. Members of the public Gary Schwartz, Britt AlIcroft, Dawn Rosenquist, Meyera Robbins, Irvin Waldman, Aaron Mendelsohn, Jerry Bass, Joan Robey, Daniel Bleiberg, Shannon Daley, Richard Nelson, Jay Gordon, Rachel Rom, Maria Blase, Valerie Hiss, Leah Mendelsohn, Browne Greene, 7 May 10, 2005 Jacob Samuel, Paul Collins, Laura Berland-Shane, Jerry Rubin, and Gail Howell spoke in support of more flexible regulations. Discussion ensued on the earlier proposal to continue deliberation until a future meeting and on the ability to continue with deliberations and take action during this meeting. Motion by Councilmember Genser. seconded by Councilmember Bloom. to reconsider the earlier decision to continue the meeting. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. Motion bv Councilmember Genser. seconded by Councilmember McKeown. to hold deliberations and take action at this meeting. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. Motion bv Councilmember Genser. seconded by Councilmember Bloom. to direct staff to prepare an ordinance reflecting the following points: Most hedges should get grandparented. If two neighbors agree on a hedge height, the City should not be concerned; there should be a process for filing such agreement that perhaps runs with the land. As to an on-going basis; existing heights should go up to 12 or 16 feet; alleys should be unlimited. As to front yards, that is still an issue - there should be an easier process for adjustments for those that want higher limits, with the understanding that the City can override a safety hazard, and to allow for pergolas, gazebos, etc. Substitute motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, that hedge heights be unlimited on the side and on the rear and on the front, with the exception of health and safety issues related to driveways. Discussion ensued on the merits of the original motion and the substitute motion. Mayor Pro Tern Katz and Councilmember Shriver withdrew their substitute motion. Additional discussion ensued on the original motion. Councilmember Genser restated his motion as follows: "Subject to safety considerations - everything that existed as of a grandparented day can remain, with an opportunity for adjacent neighbors to object and with a process for the City to adjudicate the objection; the burden of proof that hedge height should be reduced be placed on the adjacent neighbor who must to show safety or extreme diminution of quality oflife; and the adjudication process has to look at historical information such as when the hedge was planted v. arrival 8 May 10, 2005 - of neighbors. For side and rear yard hedges establish a new as-of-right- height between 8 and 15 feet, except hedges on alleys can be unlimited by right and clarifying that motion is not addressing front yards. That anyone who wants to grow a hedge (existing or new) to a standard that exceeds the adopted standards can do so if adjacent neighbors don't object. The process is to allow a window oftime for objection, and with the process to be simple. Pergolas, gateway arches, and arbors should be allowed in the front yard. Direction given to staff to return with the lowest possible fees. " Motion by CounciImember Shriver. seconded by Mayor Pro Tern Katz.. that no process costing more than $30 will be considered. The motion failed by the following vote: AYES: NOES: ABSENT: Councilmernber Shriver, Mayor Pro Tern Katz CounciImernbers Genser, McKeown Bloom, Mayor O'Connor CounciImernber Holbrook' Motion to amend by Mayor Pro Tern Katz. to direct staff to look at the cost of the process and return with a simple way to effect the process with the lowest possible cost. The motion was accepted as fiiendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None CounciImember Holbrook. NOES: ABSENT: Motion by Councilmember McKeown to allow hedges at the front yard property line up to a total 8 feet, either on top of a wall, or by itself Motion died for lack of a second. Motion by Councilmernber Genser. seconded by Councilmember Bloom, to maintain current standard, and have an easier adjustment process for those that want to go higher~ for new front yard hedges or those that are 42 inches, keep the current 42 inches limit, and direct staff to return with simple ($29.95 conceptually) process for a higher height, up to 8 feet if they meet certain standards (such as privacy, busy street, crime, etc,). The motion was approved by the following vote: 9 May 10, 2005 AYES: Councilmembers Bloom, McKeown, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: Motion by Councilmember Bloom. seconded by Mavor Pro Tern Kag, to accept current fence and wall definition and direct staff to return with more information on the alternative definition for fence and hedges, taking into consideration all the comments made during discussion. The motion as unanimously approved by voice vote, with Councilmember Holbrook absent. AFFORDABLE HOUSING 8-B: Evaluation ofthe 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 Joey Fullmer, Dennis Zane, Michael Tarbet and Jerry Rubin commented on various aspects of the programs and policies presented. It was the consensus of Council to close the public hearing and continue discussion to the meeting of May 17, 2005. "RAPID 3" BUS SHELTERS 8-C: Recommendation to approve design and placement of proposed "Rapid 3" Big Blue Bus shelten, was presented. Member ofthe public B.A. Gray spoke in support of the recommendation. Motion by Mayor Pro Tern Katz. seconded bv Mayor O'Connor. to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember Holbrook NOES: ABSENT: COUNCIL ITEMS: 13-A: 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. 10 May 10, 2005 = SB51 PUBLIC INPUT: ADJOURNMENT: Pier Restoration Corporation, one term ending 11/08/05. On order ofthe Mayor, this matter was continued to May 17, 2005. 13-B: Request of Councilmember McKeown that Santa Monica support our State Senator Sheila Kuehl's SB 51, pennanendy extending tenant notice for no-fault evictions to 60 days, and that Santa Monica's support be promptly communicated to appropriate legislaton and Governor Schwarzenegger, was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded bv Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with all members present. Members of the public Pro Se, Anita Phillips, Art Casillas and B.A. Gray discussed various matters. On order of the Mayor, the City Council meeting was adjourned at 11:30 p.m., to May 17, 2005, in memory of Miguel Contreras, George Gordon, and Dorrit C. Phillips. ~~~ Maria M. Stewart City Clerk APPROVED: "'-"'-=g'" tAl\ cb1U- Pam O'Connor Mayor 11 May 10, 2005