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.
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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
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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July 12, 2005