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:
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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.
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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