M-5/17/2005
CITY OF SANTA MONICA
CITY COUNCll.. 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
Councihnember Richard Bloom
Council member Ken Genser
Councilmember Kevin McKeown
Councilmember Bobby Shriver
Absent:
Mayor Pro Tern Herb Katz
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 5:54 p.m., with
CounciImember Holbrook and Mayor Pro Tern 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 I-B was removed from the
Consent Calendar.
Motion by CounciImember McKeown. seconded bv Councilmember Bloom,
to approve all items on the Consent Calendar as presented except Item I-B,
reading resolutions and ordinances by title only and waiving further reading
thereof The motion was approved by the following vote:
1
May 17,2005
MINUTES
1243 FRANKLIN
BIG BLUE BUS
EXPANSION PLAN
CLOSED SESSIONS:
AYES:
Councilmembers Bloom, McKeown, Shriver, Genser, Mayor
O'Connor
None
Councilmember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
I-A: The minutes of April 26, 2005, City Council meeting were
approved as submitted.
I-C: Final Tract Map No. 53666 for project at 1243 Franklin Street -
recommendation to adopt Resolution No. 10037 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL APPROVING THE FlNAL
TRACT MAP FOR A 5-UNIT CONDOMINIUM PROJECT," was
approved.
I-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 bv Councilmember Shriver. to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Bloom, McKeown, Shriver, Genser, Mayor
O'Connor
None
Councilmember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
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 Tern Katz absent, to report the following;
2-A: Conference with Legal Counsel- Existing Litigation: Barmetz
v. City of Santa Monica, Case No. SC 081 725.
ACTION: Heard. No reportable action taken.
2 May 17, 2005
STUDY SESSION:
STAFF ITEMS:
2-B: Conference with Legal Counsel- Existing Litigation: Fint
National Bank v. Baird Company. et aI., Case No. 02 CV 610.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd. PC, Case No. BS 093 502.
ACTION:. Heard. No reportable action taken.
3-A: Status of Water, Wastewater, Stonn 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.
8-A: Expedited plan check and permit process for LEED-registered
building projects -. 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 vpte:
AYES:
Councilmembers Bloom, McKeown, Shriver, Genser, Mayor
O'Connor
None
Councilrnember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
3
May 17,2005
AFFORDABLE HOUSING 8-B: Evaluation of the City's AtTordable Housing Production
Program and/or other City housing programs/policies, (onsideration of
how these programs/policies should be updated to fulrdl the atTordable
housing goals of Proposition R, and direction to statT 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 bv 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
None
Councilmember Holbrook, Mayor Pro Tem Katz
NOES:
ABSENT:
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 20010 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, ifit 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; iflieu 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. .
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May 17,2005
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 1000.10 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
Councilmember Shriver
Councilmember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
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:
II-A: Resolution approving creation of preferential Parking Zone S -
recommendation to adopt Resolution No. 10038 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CREATING
PREFERENTIAL PARKING ZONE S TO INCLUDE BERKELEY,
BETWEEN COLORADO AND PENNSYLVANIA; FRANKLIN,
BETWEEN COLORADO AND NEBRASKA; PENNSYL V ANlA,
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.
I
Members of the public Robert Chavez, Mary Rusbfield, John Gonzalez,
Sarah Ford, Maria Provenzano, Berenice Onofte and Maria Lopez spoke in
support of the recommendation.
5
May 17,2005
COUNCIL ITEMS:
ADULT BUSINESSES
Motion by Councilmember Genser. seconded by Councilmernber McKeo~
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
None
Councilmember Holbrook, Mayor Pro Tern Katz
NOES:
ABSENT:
I3-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, JeffU'ren, and Nma 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 Tern Katz absent.
EMPLOYEE SUPPORT 13-B: Request of Councilmember McKeown that tbe Council express
support for Santa Monica Municipal Employees', police officers' and
firefigbters' participation in "Action Day for a Better Califomia," May
25th, and aRinn our commitment to existing negotiated benefits in City
worker contracts, was presented.
APPOINTMENTS
Motion bv 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.
13-C: Sp<<ial vacancy appointments to the foRowing boards and
commissions:
Commission for tbe 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.
6
May 17,2005
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:
-----~ .
MariaM St~
City Clerk
APPROVED:
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7
May 17,2005