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:
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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.
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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.
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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.
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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. .
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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.
'';-..
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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:
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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.
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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.
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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
./
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July 26, 2005