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M-7/12/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 12, 2005 A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:07 p.m., on Tuesday, July 12,2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tern Herb Katz Councilmember Richard Bloom Council member Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Bobby Shriver 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 5:07 p.m., with all members present. Councilmember McKeown led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS: There being no one present for public comment on this matter, and on order of the Mayor, the City Council recessed to discuss closed sessions and returned at 7:22 p.m., to report the following: 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: Not heard. 1 July 12, 2005 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. Baron & Budd. P.C., Case No. BS 315 186. ACTION: Not heard. 2-E: Anticipate significant exposure to litigation pursuant to Government Code Section 94956.9(b): three cases including two disputes related to real property located at 15226th Street and 125 Pacific. ACTION: Heard. No reportable action taken. CONSENT CALENDAR: Member of the public Joey Fullmer discussed various concerns. Members of the public Phylis Goffand Ken Ward spoke in supportofItem I-B. At the request of Mayor O'Connor, Item 1-B was removed from the Consent Calendar. At the request of Councilmember Shriver, Item 1-D was removed from the Consent Calendar. Motion by Mayor Pro Tern Katz. seconded by Councilmember Holbmok, to approve the Consent Calendar items except Items I-B and 1-0, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: MINUTES I-A: The minutes of the May 24 and May 25,2005, City Council meetings were approved, as submitted. 415 PCB I-C: Application for grant funds for 415 Pacific Coast Highway - recommendation to authorize the City Manager to submit all necessary documents to the Department of Housing and Urban Development to accept grant funds, and execute all related agreements, including Contract 2 July 12, 2005 No. 8494(CCS) to support the reuse of 415 Pacific Coast Highway; and approve the appropriation of grant funds, and other proposed budgetary action, was approved. CHARNOK WELLS l-E: Groundwater modeling and engineering consulting services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7816 (CCS) with KOMEX H20, in the amount of$91,000, for modeling and engineering consulting services for the Charnock Wells, was approved. MOTOR OIL & TRANSMISSION }'LUlD I-F: Purchase of motor oil and transmission fluid - recommendation to award Bid No. 2888 as follows: Bid Items 1, 3, 4, and 6 to Rosemead Oil Products; and Bid Items 2 and 5 to The Jankovich Company; at specified prices, was approved. LOBBYING SERVICES I-G: Lobbying Services - Washington D.C. - recommendation to authorize the City Manager to negotiate and execute Contract No. 8493 (CCS) with The Ferguson Group, in the amount of$67,600, for continued lobbying services on behalf of the City, was approved. MOUNTAIN VIEW MOBILE HOME PARK I-B: Improvements to Mountain View Mobile Home Park- recommendation to authorize the City Manager to negotiate and execute Contract No. 8492 (CCS) with Lawrence McDennott, in the amount of$180,000, to provide design services for infrastructure improvements at the site, was presented. Mayor O'Connor asked questions of staff regarding the duration of the improvements. Staff replied to questions of staff Motion by Mayor O'Connor. seconded by Councilmember McKeoYffi, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: BACTERIA REDUCTION I-D: Bacteria reduction implementation plan - recommendation to approve the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load Implementation Plan to improve ocean 3 July 12, 2005 water quality, and for submittal in compliance with Regional Water Control Board requirements, was presented. Councilmember Shriver advised he removed this item from the Consent Calendar to ask staff to discuss the implications of approving this recommendation. Staff provided a description of the project. Motion by Councilmember Shriver. seconded by Councilmember Bloom. to approve recommendation. The motion was approved by the following vote: AYES: Council members Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: ADMIN. PROCEEDINGS: 921 19TH STREET 6-A: Appeal of Landmarks Commission designation of the property located at 921 19th Street as a City Landmark, and associated discussion of policy implications regarding appropriate breadth of application of landmark criteria - recommendation that Council uphold the appeal and overturn the Landmarks Commission's decision to designate 921 19th Street as a City Landmark, was presented. Michael Klein, representing the appellant, spoke in support of the recommendation. Members of the public Ruthann Lehrer and Roger Genser spoke in opposition to the recommendation. Member of the public David Kohan spoke in support of the recommendation. Michael Klein, representing the appellant, provided a rebuttal to comments made by the public. Motion by Mayor O'Connor. seconded by Mavor Pro Tern Katz, to uphold appeal. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tern Katz, Mayor O'Connor Councilmember McKeown, Councilmember Genser None NOES: ABSENT: 4 July 12, 2005 ORDINANCES: HEDGES, WALLS, FENCES 7-A: Introduction and first reading of an interim ordinance 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, and establishing administrative and discretionary hedge/wall! fence height modification procedures; and adoption of Resolution No. 10058 (CCS) entitled: "A RESOLUTION OF TIlE CITY OF SANTA MONICA SETTING FEES FOR PLANNING DIVISION REVIEW OF APPLICATIONS FOR ADMINISTRATIVE AND DISCRETIONARY HEDGEIW ALLIFENCE HEIGHT MODIFICATIONS," was presented. The following members of the public spoke to various portions of the proposed ordinance and made suggestions: Joey Fullmer, Kenneth Howell, Russ Johnston, Melody Cervantes, Aaron Mendelson, Mira Muller, Jean Hulse, Stephanie Barbanell, Jerry Bass, Karen Lucente, Meyera Robbins, Gita Kammann, Valerie Hiss, Robert Stein, Marcia Stein, Laura Berland-Shane, David Mamet, Jerry Rubin, and Richard Nelson. Motion by Councilmember Genser. seconded by Councilmember Bloom., to introduce the ordinance, amended to provide that residents seeking grandparented status for a hedge, submit a brief registration form and photograph within 180 days of the effective day of the ordinance, and directing the City Manager to promulgate rules dealing with the registration process. Substitute motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver, that there be no regulation for hedges. The substitute motion failed by the following vote: AYES: NOES: ABSENT: Councilmember Shriver, Mayor Pro Tern Katz Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor O'Connor None Motion to amend main motion by Councilmember McKeown. seconded by Mayor Pro Tern Katz, to include walls and fences in the grandparenting provision. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers McKeown, Holbrook, Shriver, Mayor Pro Tern Katz Councilmembers Bloom, Genser, Mayor O'Connor None Motion to amend by Councilmember Shriver to include a provision that grandparenting be appealable to the Planning Commission. Amendment was accepted as friendly. 5 July 12, 2005 The main motion, as amended, was approved by the following vote: AYES: Councilmembers Bloom. McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: Motion by Councilmember Genser. seconded by Mayor Pro Tern Kat~ to adopt resolution, amended to reduce fees for review of administrative modification from $160 to $100; and review of discretionary modification from $644 to $200. The motion was approved by the following vote; AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: Motion by Councilmember Bloom. seconded bv Councilmember Genser, that, as to the comments made by Ms. Hulse, direct staff to report back with options that Council may have in addressing non-conforming structures. The motion was unanimously approved by voice vote, with all members present. COUNCIL ITEMS: APPOINTMENTS On order of the Mayor, Item 13-A is to be heard next out of order, while there is still a full Council. 13-A: Annual and special vacancy appointments to the following boards and commissions: Member of the public Joe Natoli spoke in opposition to appointing certain incumbents. ACCESSmILITY APPEALS BOARD On order of the Mayor, the floor was opened for nominations to two vacancies on the Accessibility Appeals Board, for terms ending June 30,2009. Mayor Pro Tern Katz nominated incumbents Elizabeth Bancroft and Jolm Whitbread. There being no other nominations, the two incumbents were appointed by acclamation, with all members present. 6 July 12,2005 AIRPORT COMMISSION On order of the Mayor, the floor was opened for one vacancy on the Airport Commission for a term ending June 30, 2009. Councilmember Genser nominated Y oram Tal. There being no other nominations, Y oram Tal was appointed by acclamation, with all members present. ARB On order of the Mayor, the floor was opened for nominations to two vacancies for terms ending June 30, 2009. Mayor Pro Tern Katz nominated incumbents Joan Charles and Lynn Robb. There being no other nominations, the incumbents were appointed by acclamation, with all members present. ARTS COMMISSION On order of the Mayor, the floor was opened for nominations to two vacancies on the Arts Commission for terms ending June 30,2009. Council member McKeown nominated incumbent Suchi Branfman. Councilmember Holbrook nominated Samuel Erenberg. Suchi Branfinan was appointed by the following vote: Erenberg: Councilmembers Genser McKeown Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmembers Shriver, Holbrook Branfinan: Councilmember McKeown nominated incumbent Rachel Lachowitz. Councilmember Shriver nominated Jacob Samuel. Rachel Lachowitz was appointed by the following vote: Lachowitz: Samuel: Councilmembers Genser, McKeown, Bloom, Mayor O'Connor Councilmernbers Shriver, Holbrook, Mayor Pro Tern Katz BA YSIDE DISTRICT On order of the Mayor, the floor was opened for nominations to three vacancies on the Bayside District Corporation for terms ending June 30,2009. Councilrnember Genser nominated incumbents William Tucker and John Warfel. There being no other nominations, the two incumbents were appointed by acclamation, with all members present. 7 July 12, 2005 Councilmember Genser nominated Jennifer Hranilovich for the third vacancy. There being no other nominations. Ms. Hranilovich was appointed by acclamation, with all members present. BLDG. & SAFETY On order of the Mayor, the floor was opened for nominations to three vacancies on the Building and Safety Commission for terms ending June 30,2009. Mayor Pro Tern Katz nominated the three incumbents Kristina Andresen, Michael Ishler and David Schaffer for reappointment. There being no other nominations, the incumbents were appointed, by acclamation, with all members present. SENIOR COMMUNITY On order of the Mayor, the floor was opened for nominations to two annual vacancies for terms ending June 30,2009, and one unscheduled vacancy for a term ending June 30,2007. Councilmember Bloom nominated incumbents Joel Greenberg and Barry Seid to the annual vacancies. There being no other nominations, the incumbents were appointed by acclamation, with all members present, On order of the Mayor, the unscheduled vacancy was continued to a future meeting. STATUS OF WOMEN On order of the Mayor, the floor was opened for nominations to three annual vacancies for terms ending June 30, 2009, and one unscheduled vacancy for a term ending June 30,2008. Mayor O'Connor nominated incumbents Geraldine Starr and Sarah Stegemoeller to two of the annual vacancies. There being no other nominations, the two incumbents were appointed by acclamation, with all members present. Mayor O'Connor nominated Ana Maria lara to the third annual vacancy. There being no other nominations. Ms. lara was appointed by acclamation, with all members present. On order of the Mayor, the unscheduled vacancy was continued to meeting of September 27, 2005. C&VB On order of the Mayor, the floor was opened for nominations to two annual vacancies for terms ending June 30,2009, and one unscheduled vacancy for a term ending June 30,2006. Mayor Pro Tern Katz nominated incumbents Bruce Cameron and Nathaniel Trives to the annual vacancies. There being no other nominations, the incumbents were appointed by acclamation, with all members present. 8 July 12, 2005 Councilmember Genser nominated Nancy Desser to the unscheduled vacancy. Councilmember Holbrook nominated Jeffrey Jarow to the unscheduled vacancy. Nancy Desser was appointed by the following vote: Desser: Jarow: Council member Genser, McKeown, Bloom, Mayor O'Connor Councilmembers Shriver, Holbrook, Mayor Pro Tern Katz DISABILITIES COMMISSION On order of the Mayor, the floor was opened for nominations to three vacancies on the Disabilities Commission for terms ending June 30,2009. Mayor Pro Tern Katz nominated incumbents Amy Boersma, Samuel Geneslay, and Audry Parker. There being no other nominations, the incumbents were appointed by acclamation, with all members present. HOUSING COMMISSION On order ofthe Mayor, the floor was opened for nominations to two annual vacancies for terms ending June 30,2009, and two Section 8 vacancies for terms ending June 30,2007. Councilmember McKeown nominated incumbents Chloe Bird and Victor Ludwig to the two vacancies with terms ending June 30,2009. There being no other nominations, the two incumbents were appointed by acclamation, with all members present. Council member McKeown nominated incumbents Lewis Steele and Allan Tainsky to the two Section 8 vacancies with terms ending June 30, 2007. There being no other nominations, the two incumbents were appointed by acclamation, with aU members present. LANDMARKS COMMISSION On order of the Mayor, the floor was opened for nominations to two annual vacancies for terms ending June 30,2009. Council member McKeown nominated incumbents John BerIey and Nina Fresco. There being no other nominations, the two incumbents were appointed by acclamation, with all members present. LffiRARY BOARD On order of the Mayor, the floor was opened for nominations to one annual vacancy for a term ending June 30,2009. Councilmember Genser nominated incumbent Dan Stem. There being no other nominations, the incumbent was appointed by acclamation, with all members present. 9 July 12, 2005 PERSONNEL BOARD On order of the Mayor, the floor was opened for nominations for one vacancy for a term ending June 30,2010, Councilmember Bloom nominated Azita Mosbat. There being no other nomination, Azita Mosbat was appointed by acclamation, with all members present. PLANNING COMMISSION On order of the Mayor, the floor was opened for nominations for one vacancy for a term ending June 30,2009. Mayor O'Connor nominated Hendrik Koning. CounciJrnember McKeown nominated Maria Luisa Loya. Hendrik Koning was appointed by the following vote: Koning: Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmembers Genser, McKeown Loya: Councilmember requested to change his vote to Koning for a final vote as follows: Koning: Councilmembers Genser, Shriver, Holbrook, Bloom, Mayor Pro Tern Katz, Mayor O'Connor Councilmembers McKeown Loya: RECREATION AND PARKS On order of the Mayor, the floor was opened for nominations for one vacancy for a term ending June 30, 2009. Councilmember Holbrook nominated incumbent Alex Munoz. There being no other nominations, Mr. Munoz was appointed by acclamation, with all members present. SOCIAL SERVICES On order of the Mayor, the floor was opened for nominations to two annual vacancies for terms ending June 30,2009. Councilmember Bloom nominated incumbent Samoan Barish. There being no other nominations, Dr. Barish was appointed by acclamation, with all members present. 10 July 12,2005 On order of the Mayor, the second vacancy was continued to a future meeting. MORA TORIUM - THIRD STREET PROMENADE 7-B: Introduction and first reading of an interim ordinance extending a moratorium on new or expanded retailllses on the ground floor of the Third Street Promenad~ witb limited exceptions, was presented. Member of the public Janet Morris spoken in opposition of the proposed ordinance. Motion by Councilmember Genser. seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None None NOES: ABSENT: AFFORDABLE HOUSING 7-C: Resolution revising the affordable housing unit base fee for new market-rate multifamily development; and 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 oftbe affordable housing fee, to modify tbe affordable housing definitions and to establish a mechanism to adjust or waive the requirements of Chapter 9.56. On order of the Mayor, this matter was continued to July 26,2005. WRITTEN REQUESTS: l2-A: Request of Linda Rider to discuss the matter of day laborers at the 11th Street and Colorado intersection and to request that a "no loitering" zone be established. On order of the Mayor, this matter was continued to July 26, 2005. CODE COMPLIANCE POSITIONS 13-B: 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 July 26, 2005. 11 July 12,2005 PUBLIC INPUT: Members of the public Pro Se, Joe Natoli and Melvin Ross discussed various issues. ADJOURNMENT: On order ofthe Mayor, the City Council meeting was adjourned at 11 :24 p.m., in memory of Conrad Melilli. ATTEST: \;..-..~ .~ APPROVED: Maria M. Stewart City Clerk ~cb1~ I ~:~_~'Connor Mayor 12 July 12, 2005