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M-7/26/2005 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 26, 2005 A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:32 p.m., on Tuesday, 2005, at City Council Chambers, 1685 Main Street. Roll Call: Present: Absent: Mayor Pam O'Connor Mayor Pro Tern Herb Katz Councilmernber Richard Bloom Councilmernber Ken Genser Councilmember Robert T. Holbrook Councilrnember Bobby Shriver (arrived at 6:03 p.m.) Councilrnember Kevin McKeown Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE CLOSED SESSION ADDED-EMERGENCY ITEM On order of the Mayor, the City Council convened at 5:32 p.m., with Councilmembers McKeown and Shriver absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. City Attorney Marsha Moutrie advised that on Iuly 25, 2005, the City received an offer for settlement of the case Barnard v. City, and that because it was just received, it was not possible to agendize it 72 hours before the meeting. The City Attorney added that Council should consider hearing the proposal because the trial is coming up shortly. Motion by Councilmember Holbrook. seconded by Councilmember Bloom. to add an emergency closed session regarding Barnard v. City of Santa Moni9l, The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Council members Shriver, McKeown NOES: ABSENT: 1 July 26, 2005 RECESS TO CLOSED SESSIONS CORRECTION TO MINUTES APPROVED ON JULY 12, 2005 CLOSED SESSIONS: On order of the Mayor, the City Council recess to closed sessions at 5:37 p.m., and returned at 7:17 p.m., with Councilmember McKeown absent. The City Attorney requested that the minutes of July 12, 2005, be corrected to indicate that Item 2-D Baron & Budd was heard, and not Item 2-E, which was erroneously reported. 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: Heard. No reportable action taken. 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. Stewart, Case No. SC 067 033. ACTION: Heard. No reportable action taken. 2-E: Conference witb Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd. P.C., Case No. BS 315 186. ACTION: Heard. No reportable action taken. 2-F: Anticipat~ significant exposure to litigation pursuant to Government Code Section 54956.9(b): tbree cases including two disputes related to real property located at 1522 6th Street and 125 Pacific. ACTION: was taken. One case heard related to 125 Pacific. No reportable action Emergency Item added Russell Barnard v. City of Santa Monica. was heard. No reportable action was taken. 2 July 26, 2005 = SPECIAL ITEMS: 4-A: The Mayor introduced and welcomed newly-elected Councilman Bill Rosendahl, 11th District, Los Angeles City Council, to the City of Santa Monica. CONSENT CALENDAR: Member of the public Joey Fullmer expressed various concerns. Members of the public Pro Se and Joe Natoli spoke in favor of adding to the minutes, Item I-A, specific comments made by members of the public. Mayor O'Connor requested that Item I-A be removed from the Consent Calendar. Motion by Mayor Pro Tern Katz. seconded by Councilmember Bloom, to approve the Consent Calendar with the exception of Item 1- A, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown NOES: ABSENT: ATMS I-B: Advanced Traffic Management System (A TMS) and Parking Management Network - recommendation to authorize the City Manager to negotiate and execute Contract No. 8497 (CCS) with Meyer, Mohaddes Associates, in the amount of$139,008, for services for installation of infrastructure to suppon the City's AlMS and the parking management network; and approve proposed appropriation of grant funds, was approved. CONGESTION MANAGEMENT PLAN l-C: Recommendation to hold public hearing and adopt Resolution No. 10059 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT THE CITY IS IN COMPLIANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM," was approved. MEETING CANCELLA nON I-D: Recommendation to cancel the regular City Council Meeting for August 23, 2005, was approved. MINUTES I-A: Approval of minutes of the June 14,2005, City Council meeting, was presented. The Mayor advised that she removed this item from the Consent Calendar to clarity that the minutes are an adequate summary of the action Council took at the meeting. She added that anyone that wants to watch the meeting, videotapes are available at public libraries and on the City's website. 3 July 26, 2005 ADMIN. ITEMS: 123 PACIFIC Council member Genser was excused at 7:50 p.m. 851 19m STREET Council member Genser returned at 9: 11 p.m. Motion by Mayor O'Connor. seconded by Council member Bloom. to approve the minutes as submitted. The motion was unanimously approved by voice vote, with Councilmember McKeown absent. 6-A: Appeal of Landmark's Commission designation of 125 Pacifi~ as City Landmark - recommendation to uphold appeal and overturn the Landmarks Commission's decision to designate 125 Pacific Street as a City Landmark, was presented. David Moss, representing appellant, spoke in support of the appeal. Councilmember Genser advised that he had a conflict of interest with this matter and requested to be excused. Members of the public Jerry Rubin, John Berley, Michelle Katz, Robert Minzner, Dishanya Weerasinha, Matteson Barclay, John Nafsinger, Carlo Brooks, Kurt Heim, Rachel White, Josh Balbien, Randy DavidsOn and Roger Genser spoke in opposition to the appeal. David Moss presented a rebuttal to public comment. Motion by Mayor Pro Tem Katz. seconded by Mayor O'Connor. to uphold the appeal and overturn the Landmarks Commission's decision. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Mayor Pro Tern Katz, Mayor O'Connor CouncilmemberShriver Councilmembers Genser, McKeown NOES: ABSENT: Councilmember Shriver stated, for the record, that he voted in opposition because he went to look at the building and although he is not an expert, the building had a "feel" about it. 6-B: Appeal of Planning Commission's denial of vesting Tentative Parcel Map No. 061408 for airspace subdivision for condominium project at 851 19th Street - recommendation to uphold the appeal and approve Vesting Tentative Parcel Map No. 061408 based on the proposed findings and conditions, was presented. Chris Harding, representing appellant, spoke in support of the appeal. 4 July 26, 2005 ORDINANCES: HEDGES, FENCES, WALLS Member of the public Gary Beckman expressed concerns regarding the effects of the demolition and construction on the adjacent neighbors. Chris Harding provided a rebuttal to public comment. Motion by Mayor Pro Tern Katz. seconded by Councilmember Holbrook, to uphold the appeal and approve the Vesting Tentative Parcel Map based on the proposed findings and conditions. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, Holbrook, Bloom, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown NOES: ABSENT: 7-A: Second reading and adoption of Interim Ordinance No. 2161 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EST ABLISIllNG NEW FENCE, WALL, AND HEDGE HEIGHT STANDARDS INCLUDING CHANGES TO THE HEDGE DEFINITION, ALLOW ABLE HEDGE HEIGHTS, DEFINED FRONT YARD AREA, FRONT YARD ORNAMENTAL STRUCTURES, FRONT YARD SAFETY GUARDRAlLS, AND TERRACED WALLS; GRANDPARENTING EXISTING NONCONFORMING HEDGES, FENCES AND WALLS, AND ESTABLISIDNG ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICATION PROCEDURES," was presented. Motion by Councilrnernber Shriver. seconded by Mayor Pro Tern Katz. to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilrnernbers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown NOES: ABSENT: Motion by Mayor Pro Tern Katz. seconded by Councilrnernber Holbrook, to direct staff to return within 60 days with a clear definition(s) of a hedge to be discussed publicly. . 5 July 26, 2005 MORATORIUM - THIRD 7-B: Second reading and adoption of Interim Ordinance No. 2162 STREET PROMENADE (CCS) entitled: "AN ORDINANCE OF THE CITY OS SANTA MONICA EXTENDING A MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE GROUND FLOOR OF THE TIllRD STREET PROMENADE, WITH LIMITED EXCEPTIONS," was presented. AFFORDABLE HOUSING 7-C: 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 of the affordable housing fee, to modify the affordable housing definitions and to establish a mechanism to adjust or waive the requirements of Chapter 9.56; and resolution revising the affordable housing unit base fee for new market-rate multifamily development, was presented. Member of the public Joey Fullmer expressed various concerns. Member of the public Chuck Allord spoke in favor of on-site atlbrdable housing. Member of the public Chris Harding spoke in support of higher fees provided their impact is known. Member of the public Mario Savvides spoke in support of a high increase of the fees. Motion by Councilmember Genser. seconded bv Council member Bloom. to introduce the ordinance amended to change the time the fee is fixed to the time of issuance of building permit. Substitute motion by Mayor Pro Tern Katz. seconded by Councilmember Shriver. to put over for at least 60 days and direct statT to do a study on what the fee should be and do a comparative analysis. The motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz Councilmembers Bloom, Geuser, Mayor O'Connor Councilmember McKeown The main motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Genser, Mayor O'Connor Councilmembers Holbrook, Shriver, Mayor Pro Tern Katz Councilmember McKeown Councilmember Genser requested to change his vote on the main motion to "No" so he can request a reconsideration that can agendized at a future 6 July 26, 2005 meeting with a full Council. Based on Councilrnember Genser's request, the main motion failed with a final vote as follows: AYES: NOES: ABSENT: Councilmembers Bloom, Mayor O'Connor Councilmembers Holbrook, Shriver, Genser, Mayor Pro Tern Katz Councilmember McKeown Motion bv Mavor Pro Tern Katz. seconded bv Councilmember Shriver, to direct staff to make a study on the fees as proposed by consultant Mr. Silvern and return by the next full Council meeting. The motion failed by the following vote: AYES: AYES: ABSENT: Councilmember Holbrook, Shriver, Mayor Pro Tern Katz Councilmembers Genser, Bloom, Mayor O'Connor Councilmember McKeown 7 -D: Introduction and first reading of an ordinance amending Section 4.68.160 of the Municipal Code to establish a new 5/10K race route, eliminate an existing race route, and modify the permitted race time, frequency, and lane configuration parameters, was presented. RACE ROUTES There was no one present for public comment. Motion by Mayor Pro Tern Katz. seconded by Councilrnember Genser. to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: NOES: ABSENT: . DRIVEWAYS Councilrnembers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown 7 -E: Introduction and first reading of interim ordinance extending provisions of Interim Ordinance No. 2159 (CCS) to allow administrative approval or the number and type of driveways required for parking structures with over 40 spaces in multi-family, commercial and industrial districts, was presented. There was no one present for public comment. '';-.. 7 July 26, 2005 ENERGY/BUILDING CODES Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown NOES: ABSENT: 7-F: Resolution No. 10060 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS OF LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPIDCAL CONDITIONS;" and introduction and first reading of an ordinance adopting the 2005 edition of the California Energy Code and local amendments,to the California Building, Energy and Plumbing Codes related to fire sprinklers in existing buildings, additional energy conservation measures and the use of non water-using urinals as plumbing fixtures; adds new regulations related to abrasive blasting and operator qualifications; extends time to obtain building permits; provides priority plan checking for LEED certified Green Buildings; changes requirements for residential building records; and transfers inspection responsibility for sewer capping to the Building Officer, was presented. Member ofthe public Joey Fullmer expressed various concerns. Member of the public Chuck Allord spoke against required retrofitting of existing older apartment buildings with sprinklers. Member of the public Stacy Brown spoke in support of the proposal. Motion by Councilmember Gensel". seconded by Mayor Pro Tern Katz, to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown. NOES: ABSENT: 8 July 26, 2005 COMMERCIAU INDUSTRIAL USES LANDMARKS ORDINANCE STAFF ITEMS: DENSITY BONUS Motion by Mayor Pro Tern Katz. seconded bv Mavor O'Connor, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tem Katz, Mayor O'ColUlor None Councilmember McKeown NOES: ABSENT: 7-G Introduction and first reading of an ordinance amending Section 9.04.18.040 of the Municipal Code to allow existing commer~ial and industrial uses with valid conditional use permits without expiration dates to remain, subject to a renewed Conditional Use Pennit. On order of the Mayor, this matter was continued to August 9,2005. 7-H: Introduction and first reading of an ordinance amending nOD- substantive provisions of Sections 9.36.120 and 9.36.180 of tbe Landmarks Ordinance to eliminate actual or potential ambiguities in the ordinance and to serve the interests of clarity and brevity, was presented. There was no one present for public comment. Motion by Mayor O'Connor. seconded by Mayor Pro Tern Kag, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Shriver, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmember McKeown NOES: ABSENT: 8-A: Discussion of changes to California's density bonus law and direction to staff to prepare an ordinance to comply with State law - recommendation that Council discuss recent changes to California's density bonus law, provide direction on how best to align local objectives and policies regarding affordable housing with State law, and direct staff to prepare an ordinance to comply with State law. On order of the Mayor, this matter was continued to August 9, 2005. 9 July 26, 2005 SMC - BUNDY ACCESS 8-B: Santa Monica College (SMC) Bundy Campus Pedestrian Access - recommendation to extend current temporary pedestrian access agreement with SMC to facilitate start up of 2005 semester provided SMC identifies alternative location for fall shuttle operations and uses Jot it currently leases from Airport solely for those attending classes at the Bundy Campus; and, that the city, Los Angeles, and SMC immediately commence discussions to cooperatively identify parking and traffic management solutions for SMC operations system-wide, was presented. Council members Bloom and Shriver were excused at 12:10 a.m. PUBLIC HEARINGS: STORMWATER PARCEL REPORT The following members of the public spoke in favor of allowing access to the College: Leslie Ann Kawaguchi, Erica Le Blanc, W. Schading, Bob Fitzgerald, Richard Tahu]daran-Jessweir, Tom Donner, Don Girard, Carole Curry, Dennis Zane, Rob Rader, Susan Aminoff, Katherine Muller, Andrew Walzer, Louise Jaffe, Maria Loya, Oscar de la Torre, Linda Sullivan, and Jerry Rubin. Member of the public Kenneth Alpern stated he would like all three entities to talk:, but keep in mind SMC has no credibility. Members of the public Zina Josephs, Eric Gabster, Mary Elizabeth Booth, Stacy Brown and Susan Hartley spoke in support of staff recommendation. Motion bv Counci]member Holbrook. seconded by Mayor Pro Tern Katz, to direct staff to meet with college staff and solve the issue of providing access to SMC from Airport Avenue, promptly, and to consider the College's proposal. Staff to determine if communication with L.A. is needed or is practical. Discussion ensued on the merits of the motion. The motion was subsequently withdrawn. Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz. to direct appropriate staff to analyze the college's proposal, re-engage with the college and City ofL.A. looking for short-term and long-term solutions, considering neighborhood concerns, and with ample time to allow for community input; and authorize staff to extend temporary pedestrian access. The motion was unarumously approved by voice vote, with Councitmembers . McKeown, Shriver and Bloom absent. 9-A: Public hearing and approval of the Stormwater Parcel Report describing each parcel in the City and the amount of each parcel's Stonnwater Management User fee for FY 2005-06, was presented. There was no one present for public comment. 10 July 26, 2005 Motion by Councilmember Genser. seconded by Mayor Pro Tern Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, Mayor Pro Tern Katz, Mayor O'Connor None Councilmembers Bloom, Shriver, McKeown NOES: ABSENT: WRITTEN REQUESTS: 12-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. COUNCIL ITEMS: CODE COMPLIANCE POSmONS APPOINTMENTS BLDG. & SAFETY BA YSIDE DISTRICT On order of the Mayor, this matter was continued to August 9,2005. 13-A: Request of Councilmcmber 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 August 9,2005. 13-B: Annual and special vacancy appointments to the following boards and commissions: On order of the Mayor, the following appointments were continued to August 9, 2005: Commission for the Senior Community - One unscheduled vacancy and one Emeritus vacancy. Social Services Commission - one annual vacancy. 13-C: Appointment to one special vacancy on the Building and Safety Commission for a term ending June 30,2008. On order of the Mayor, this matter was continued to August 9,2005. 13-D: Appointment to one special vacancy on the Bayside District Corporation for a term ending June 30,2007. On order of the Mayor, this matter was continued to August 9,2005. 11 July 26, 2005 USE OF COUNCIL CHAMBERS 13-E: Request of Mayor O'Connor tbat the City Council waive customary fees for use of Council Chamben to allow the Assembly Select Committee on Air and Water Quality to hold a hearing on the effects of climate change in California on Thursday, August 11, 2005, from 9:00am to 1 :OOpm, was presented. Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to approve request. The motion was unanimously approved with Councilmembers Bloom, Shriver, and McKeown absent. RESIGNA TION 13-F: Acceptance of Colin Maduzia's letter of resignation from tbe Landmarks Commission, and authorization for City Clerk to publish vacancy, was presented. Motion by Mayor Pro Tern Katz. seconded by Councilmember Genser, to accept letter with regrets and authorize the Clerk to publish vacancy. The motion was unanimously approved with Counci1members Bloom, Shriver, and McKeown absent. PUBLIC INPUT: Members of the public Pro Se, W. Schading, Joe Natoli, Igale Shadian and M.. Ross discussed various concerns and issues. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 1 :21 a.m., in memory of Retired Santa Monica Police Detective Charles WilsOn. ATTEST: ~. ~..j> Maria M. Stewart City Clerk APPROVED: ~11\ C}21 Pam O'Connor Mayor ./ 12 July 26, 2005