CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 10, 2005
A regular meeting of the
Santa Monica City Council was called to order by Mayor O=Connor at 5:52 p.m., on Tuesday, May 10, 2005, at
City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O=Connor
Mayor
Pro Tem Herb Katz
Councilmember
Richard Bloom
Councilmember
Ken Genser
Councilmember
Kevin McKeown
Councilmember
Bobby Shriver
Absent: Councilmember
Robert T. Holbrook
Also Present: City
Manager Susan McCarthy
City
Attorney Marsha Jones Moutrie
City
Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor, the
City Council convened at 5:52 p.m., with Councilmember Holbrook absent.
Councilmember Shriver 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.
Members of the public Joey
Fullmer, Pro Se and Anita Phillips commented on various Consent Calendar items.
At the request of
Councilmember Shriver, Items 1-G and 1-H were removed from the Consent
Calendar. At the request of
Councilmember Katz, Item 1-F was removed from the Consent Calendar.
Motion by Councilmember
Bloom, seconded by Councilmember Katz,
to approve all items on the Consent Calendar as presented, reading resolutions
and ordinances by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
MINUTES
1-A: The minutes of March 15, and April 12, 2005, City Council
meeting were approved as submitted.
OLD POLICE BLDG.
1-B: Demolition of former Police Building B recommendation to waive competitive bidding and
authorize the City Manager to negotiate and execute an amendment to Contract
No. 8472 (CCS) with Action Environmental
Enterprises, Inc., in the amount of $559,035, for a design build contract for
demolition of the former police building, was approved.
SURF CLASSES
1-C: Instruction of surf classes and camps B recommendation to authorize the City Manager to
negotiate and execute Agreement No. 8468 (CCS) with Surf Academy, in the amount
of $180,000, for operation of surf camps and classes, was approved.
3010 WILSHIRE
1-D: Statement of Official Action taken on appeal of the Planning
Commission=s decision related to unmanned wireless
telecommunica-tion facility at 3010 Wilshire Boulevard, was approved.
HEAL THE BAY
1-E: Heal the Bay Educational and Outreach Services B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8469
(CCS) with Heal the Bay, in the amount of $50,000, to provide educational and
outreach services for K-12 public and private schools in the City, was
approved.
1601 14TH STREET
1-F: Interim and long-term uses for 1601 14th Street
B recommendation to approve the proposed interim uses
for the site and authorize staff to initiate the planning process for interim
improvements, was presented.
Mayor Pro Tem Katz advised
he removed this item from the Consent Calendar to ask questions related to
impact of interim uses on long term uses.
Staff replied to questions from Councilmembers.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Genser,
to approve staff recommendation. The
motion was approved by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
AIRPORT PARK
1-G: Santa Monica Airport Park Project B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8470 (CCS) with Los Angeles Engineering, in
the amount of $6,782,095, for construction of the project; and Contract No.
8471 (CCS) with Black & Veatch, in the amount of $500,000, for construction
management services for the project; and appropriate funds as proposed, was
presented.
Councilmember Shriver
advised he removed this matter from the Consent Calendar to obtain information
on Santa Monica College=s proposed parking structure project at the
Airport. Staff to provide information to
Council on this matter.
Motion by Councilmember
Genser, seconded by Mayor Pro Tem Katz,
to approve staff recommendation.
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
GRANT FUNDS
1-H: Application for grant funds for housing for the homeless and
for alcohol addiction programs B recommendation to authorize the City Manager to
execute all necessary documents required for submission of application to the
U.S. Department of Housing and Urban Development for $1 million in funding
targeting people who are homeless and addicted to alcohol, was approved.
Councilmember Shriver stated
he removed this matter from the Consent Calendar to clarify that this action is
to authorize staff to apply for federal funds, and is not an expenditure of the
City.
Motion by Councilmember
Shriver, seconded by Mayor Pro Tem Katz, to approve staff recommendation.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
RECESS
On order of the Mayor, the
City Council recessed to a special meeting of the Redevelopment Agency at 6:14
p.m., with Councilmember Holbrook absent.
SPECIAL MEETING OF THE
REDEVELOPMENT AGENCY:
On order of the Chair, the
Redevelopment Agency convened to a special meeting at 6:14 p.m., with Agency
Member Holbrook absent.
RAND AGREEMENT
1-I: Extension of Lease Agreement between Agency and RAND B recommendation that the Agency authorize the
Executive Director to negotiate and execute an extension to Lease Agreement No.
7641 (RAS) with RAND; and to execute an amendment to Owner Participation
Agreement No. 7639 (RAS), was presented.
There was no one present for
public comment.
Motion by Agency Member
Katz, seconded by Agency Member McKeown, to approve staff recommendation.
The motion was approved by the following vote:
AYES: Agency Members Bloom, McKeown,
Shriver, Genser, Chair Pro Tem Katz, Chair O=Connor
NOES: None
ABSENT: Agency
Member Holbrook
RECESS SPECIAL MEETING
On order of the Chair, the
Special Meeting of the Redevelopment Agency adjourned to a joint meeting with
the City Council at 6:15 p.m., with Councilmember Holbrook absent.
SPECIAL JOINT MEETING OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:
PARKING STRUCTURE NO. 4
1-J: Seismic Retrofit improvements to Parking Structure 4 B recommendation for City Council to authorize the
City Manager to negotiate and execute a Contract (8473 (CCS) with Black &
Veatch, in the amount of $665,000, for design of seismic retrofit improvements;
for City Council and Redevelopment Agency to authorize the City Manager and
Executive Director, respectively, to execute Cooperation Agreement No. 8474
(CCS/RAS) for payment of associated costs, and to adopt respective Resolution
Nos. 10035 (CCS) and 490 (RAS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FINDING THAT
THE SEISMIC RETROFIT OF PARKING STRUCTURE 4 BENEFITS THE EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT AREA,@ was presented.
Assistant City Manager
Gordon Anderson stated, for the record that staff has concluded that the
seismic retrofit improvements for this project are categorically exempt
pursuant to CEQA guidelines 15301D and 15301F.
Member of the public Susan
Fraser spoke regarding safety issues in parking structures.
Motion by Mayor Pro Tem
Katz, seconded by Councilmember Bloom,
to authorize the City Manager to negotiate and execute the proposed
contract. The motion was approved by the
following vote:
AYES: Councilmembers Genser, Shriver, McKeown,
Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
Motion by Councilmember
Bloom, seconded by Mayor Pro Tem Katz,
to adopt Resolution 10035 (CCS), reading by title only and waiving further
reading thereof. The motion was approved
by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
ADJOURNMENT OF JOINT
MEETING
On order of the Mayor, the
Special Joint meeting was adjourned at 6:20 p.m., and the regular City Council
meeting reconvened with Councilmember Holbrook absent.
CLOSED SESSIONS
On order of the Mayor, the
City Council recessed at 6:27 p.m., to discuss closed sessions and reconvened
at 7:15 p.m., with Councilmember Holbrook absent, to report the following:
2-A: Conference with Legal Counsel B Existing Litigation:
Hermetz v. City of Santa Monica, Case No. SC 081 725.
ACTION: Not heard.
2-B: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. Stewart, Case No. SC 067 033.
ACTION: No reportable action taken.
2-C: Conference with Legal Counsel B Existing Litigation:
Holbrook & Katz v. City of Santa Monica, LASC Case No. BS 086
908, on appeal to the Court of Appeal, Second Appellate District.
ACTION: Not heard.
2-D: Conference with Legal Counsel B Existing Litigation:
Apartment Association of Los Angeles, Inc. v. City of Santa
Monica, Case No. SC 083 .
ACTION: No reportable action taken.
2-E: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. Baron & Budd, P.C., Case No. BS 315
186.
ACTION: No reportable action taken.
2-F: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. City of Los Angeles (Playa Vista), Case
No. BS 093 502.
ACTION: No reportable action taken.
SPECIAL ITEMS:
4-A: Mayor O=Connor issued a proclamation declaring May 2005 Historic
Preservation Month in the City of Santa Monica.
ORDINANCES:
CALIFORNIA ELECTRICAL
CODE
7-A: Resolution making necessary findings and introduction and
first reading of an ordinance amending Chapter 8.24 of the Code to adopt the
2004 edition of the California Electrical Code and local amendments to the Code
- recommendation to adopt a Resolution No. 10036 (CCS) entitled; AA RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS
REGARDING LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHIC CONDITIONS PURSUANT TO THE
HEALTH AND SAFETY CODE, AS REQUIRED TO ADOPT LOCAL AMENDMENTS TO THE CODE,@ and to introduce the ordinance for first reading,
were introduced.
Member of the public Joey
Fullmer expressed various concerns.
Motion by Councilmember
McKeown, seconded by Mayor Pro Tem Katz, to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
Motion by Councilmember
McKeown, seconded by Mayor Pro Tem Katz, to introduce the ordinance for first, reading by title only and
waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
Motion by Mayor Pro Tem
Katz, seconded by Councilmember McKeown, to direct staff to study the concept of eliminating ROMEX as a viable
electrical wiring. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
STAFF ITEMS:
HEDGES/FENCES
8-A: Report on public input received regarding new fence, hedge,
and wall regulations, and alternative regulatory options B recommendation that the Council provide direction
regarding preferred alternatives for an interim ordinance regulating fences,
hedges and walls, was presented.
Discussion ensued on the
time of the hour and on the time needed to deliberate on this matter. It was the consensus of Councilmembers to
hear public comment tonight and continue deliberation and action to a future
meeting.
Members of the public Candy
Arnold, Cynthia Cotton, Eldon Cotton, and Ann Greenspun spoke in support of
enforcement of current regulations.
Members of the public Gary
Schwartz, Britt Allcroft, Dawn Rosenquist, Meyera Robbins, Irvin Waldman, Aaron
Mendelsohn, Jerry Bass, Joan Robey, Daniel Bleiberg, Shannon Daley, Richard
Nelson, Jay Gordon, Rachel Rom, Maria Blase, Valerie Hiss, Leah Mendelsohn,
Browne Greene, Jacob Samuel, Paul Collins, Laura Berland-Shane, Jerry Rubin,
and Gail Howell spoke in support of more flexible regulations.
Discussion ensued on the
earlier proposal to continue deliberation until a future meeting and on the
ability to continue with deliberations and take action during this meeting.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to reconsider the earlier decision to continue the meeting. The motion was unanimously approved by voice
vote, with Councilmember Holbrook absent.
Motion by Councilmember
Genser, seconded by Councilmember McKeown, to hold deliberations and take action at this meeting. The motion was unanimously approved by voice
vote, with Councilmember Holbrook absent.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to direct staff to prepare an ordinance reflecting the following
points: Most hedges should get
grandparented. If two neighbors agree on
a hedge height, the City should not be concerned; there should be a process for
filing such agreement that perhaps runs with the land. As to an on-going basis; existing heights
should go up to 12 or 16 feet; alleys should be unlimited. As to front yards,
that is still an issue B there should be an easier process for adjustments
for those that want higher limits, with the understanding that the City can
override a safety hazard, and to allow for pergolas, gazebos, etc.
Substitute motion by
Mayor Pro Tem Katz, seconded by Councilmember Shriver, that hedge heights be unlimited on the side and on
the rear and on the front, with the exception of health and safety issues
related to driveways.
Discussion ensued on the
merits of the original motion and the substitute motion.
Mayor Pro Tem Katz and
Councilmember Shriver withdrew their substitute motion.
Additional discussion ensued
on the original motion. Councilmember
Genser restated his motion as follows: ASubject to safety considerations B everything that existed as of a grandparented day
can remain, with an opportunity for adjacent neighbors to object and with a
process for the City to adjudicate the objection; the burden of proof that hedge
height should be reduced be placed on the adjacent neighbor who must to show
safety or extreme diminution of quality of life; and the adjudication process
has to look at historical information such as when the hedge was planted v.
arrival of neighbors. For side and rear
yard hedges establish a new as-of-right-height between 8 and 15 feet, except
hedges on alleys can be unlimited by right and clarifying that motion is not
addressing front yards. That anyone who
wants to grow a hedge (existing or new) to a standard that exceeds the adopted
standards can do so if adjacent neighbors don=t object. The
process is to allow a window of time for objection, and with the process to be
simple. Pergolas, gateway arches, and arbors
should be allowed in the front yard.
Direction given to staff to return with the lowest possible fees.@
Motion by Councilmember
Shriver, seconded by Mayor Pro Tem Katz, that no process costing more
than $30 will be considered. The motion
failed by the following vote:
AYES: Councilmember Shriver, Mayor Pro Tem
Katz
NOES: Councilmembers
Genser, McKeown Bloom, Mayor O=Connor
ABSENT: Councilmember
Holbrook
Motion to amend by Mayor
Pro Tem Katz, to direct staff to
look at the cost of the process and return with a simple way to effect the
process with the lowest possible cost.
The motion was accepted as friendly.
The motion, as amended, was
approved by the following vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook.
Motion by Councilmember
McKeown to allow hedges at the front
yard property line up to a total 8 feet, either on top of a wall, or by
itself. Motion died for lack of a
second.
Motion by Councilmember
Genser, seconded by Councilmember Bloom, to maintain current standard,
and have an easier adjustment process for those that want to go higher; for new
front yard hedges or those that are 42 inches, keep the current 42 inches
limit, and direct staff to return with simple ($29.95 conceptually) process for
a higher height, up to 8 feet if they meet certain standards ( such as privacy,
busy street, crime, etc.).
The motion was approved by
the following vote:
AYES: Councilmembers Bloom, McKeown,
Shriver, Genser, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
Motion by Councilmember
Bloom, seconded by Mayor Pro Tem Katz,
to accept current fence and wall definition and direct staff to return with
more information on the alternative definition for fence and hedges, taking
into consideration all the comments made during discussion. The motion as unanimously approved by voice
vote, with Councilmember Holbrook absent.
AFFORDABLE HOUSING
8-B: Evaluation of the City=s Affordable Housing Production Program - and/or other City housing programs/policies,
consideration of how these programs/policies should be updated to fulfill the
affordable housing goals of Proposition R, and direction to staff 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 Joey
Fullmer, Dennis Zane, Michael Tarbet and Jerry Rubin commented on various
aspects of the programs and policies presented.
It was the consensus of
Council to close the public hearing and continue discussion to the meeting of
May 17, 2005.
ARAPID 3" BUS SHELTERS
8-C: Recommendation to approve design and placement of proposed ARapid 3@ Big Blue Bus shelters, was presented.
Member of the public B.A.
Gray spoke in support of the recommendation.
Motion by Mayor Pro Tem
Katz, seconded by Mayor O=Connor, to
approve recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Genser, Shriver,
McKeown, Bloom, Mayor Pro Tem Katz, Mayor O=Connor
NOES: None
ABSENT: Councilmember
Holbrook
COUNCIL ITEMS:
13-A: Special vacancy
appointments to the following boards and commissions:
Commission for the 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 May 17, 2005.
SB51
13-B: Request of Councilmember McKeown that Santa Monica support our
State Senator Sheila Kuehl's SB 51, permanently extending tenant notice for
no-fault evictions to 60 days, and that Santa Monica's support be promptly
communicated to appropriate legislators and Governor Schwarzenegger, was
presented.
There was no one present for
public comment.
Motion by Councilmember
McKeown, seconded by Councilmember Genser, to approve request. The motion
was unanimously approved by voice vote, with all members present.
PUBLIC INPUT:
Members of the public Pro
Se, Anita Phillips, Art Casillas and B.A. Gray discussed various matters.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 11:30 p.m., to May 17, 2005, in memory of
Miguel Contreras, George Gordon, and Dorrit C. Phillips.
ATTEST: APPROVED:
Maria
M. Stewart Pam
O=Connor
City
Clerk Mayor