CITY OF SANTA MONICA

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 Tem Herb Katz

Councilmember Richard Bloom

Councilmember 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

CONVENE/PLEDGE

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.

2-C: Public Employee Evaluation.

Title of Employee: City Attorney

ACTION: Not heard.

2-D: Conference with Legal Counsel B 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 1522 6th 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 Goff and Ken Ward spoke in support of Item 1-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 Tem Katz, seconded by Councilmember Holbrook, to approve the Consent Calendar items except Items 1-B and 1-D, 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 Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

MINUTES

1-A: The minutes of the May 24 and May 25, 2005, City Council meetings were approved, as submitted.

415 PCH

1-C: Application for grant funds for 415 Pacific Coast Highway B 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 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

1-E: Groundwater modeling and engineering consulting services B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7816 (CCS) with KOMEX H₂O, in the amount of $91,000, for modeling and engineering consulting services for the Charnock Wells, was approved.

MOTOR OIL & TRANSMISSION FLUID

1-F: Purchase of motor oil and transmission fluid B 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

1-G: Lobbying Services B Washington D.C. B 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

1-B: Improvements to Mountain View Mobile Home Park B recommendation to authorize the City Manager to negotiate and execute Contract No. 8492 (CCS) with Lawrence McDermott, 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 McKeown, to approve recommendation. The motion was approved by the following vote:

AYES: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

BACTERIA REDUCTION

1-D: Bacteria reduction implementation plan B recommendation to approve the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load Implementation Plan to improve ocean 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: Councilmembers Genser, Shriver, Holbrook, McKeown, Bloom, Mayor Pro Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

ADMIN. PROCEEDINGS:

921 19^TH STREET

6-A: Appeal of Landmarks Commission designation of the property located at 921 19^th Street as a City Landmark, and associated discussion of policy implications regarding appropriate breadth of application of landmark criteria B recommendation that Council uphold the appeal and overturn the Landmarks Commission=s decision to designate 921 19^th 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 Mayor Pro Tem Katz, to uphold appeal. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Holbrook, Shriver, Mayor Pro Tem Katz, Mayor O=Connor

NOES: Councilmember McKeown, Councilmember Genser

ABSENT: None

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: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING FEES FOR PLANNING DIVISION REVIEW OF APPLICATIONS FOR ADMINISTRATIVE AND DISCRETIONARY HEDGE/WALL/FENCE 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 Tem Katz, seconded by Councilmember Shriver, that there be no regulation for hedges. The substitute motion failed by the following vote:

AYES: Councilmember Shriver, Mayor Pro Tem Katz

NOES: Councilmembers Genser, Holbrook, McKeown, Bloom, Mayor O=Connor

ABSENT: None

Motion to amend main motion by Councilmember McKeown, seconded by Mayor Pro Tem Katz, to include walls and fences in the grandparenting provision. The motion was approved by the following vote:

AYES: Councilmembers McKeown, Holbrook, Shriver, Mayor Pro Tem Katz

NOES: Councilmembers Bloom, Genser, Mayor O=Connor

ABSENT: None

Motion to amend by Councilmember Shriver to include a provision that grandparenting be appealable to the Planning Commission. Amendment was accepted as friendly.

The main motion, as amended, was approved by the following vote:

AYES: Councilmembers Bloom, McKeown, Holbrook, Shriver, Genser, Mayor Pro Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Genser, seconded by Mayor Pro Tem Katz, 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 Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

Motion by Councilmember Bloom, seconded by 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.

ACCESSIBILITY 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 Tem Katz nominated incumbents Elizabeth Bancroft and John Whitbread. There being no other nominations, the two incumbents were appointed by acclamation, with all members present.

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 Yoram Tal. There being no other nominations, Yoram 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 Tem 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.

Councilmember McKeown nominated incumbent Suchi Branfman.

Councilmember Holbrook nominated Samuel Erenberg.

Suchi Branfman was appointed by the following vote:

Branfman: Councilmembers Genser McKeown Bloom, Mayor Pro Tem Katz, Mayor O=Connor

Erenberg: Councilmembers Shriver, Holbrook

Councilmember McKeown nominated incumbent Rachel Lachowitz.

Councilmember Shriver nominated Jacob Samuel.

Rachel Lachowitz was appointed by the following vote:

Lachowitz: Councilmembers Genser, McKeown, Bloom, Mayor O=Connor

Samuel: Councilmembers Shriver, Holbrook, Mayor Pro Tem Katz

BAYSIDE 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.

Councilmember Genser nominated incumbents William Tucker and John Warfel. There being no other nominations, the two incumbents were appointed by acclamation, with all members present.

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 Tem 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 Jara to the third annual vacancy. There being no other nominations. Ms. Jara 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 Tem 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.

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: Councilmember Genser, McKeown, Bloom, Mayor O=Connor

Jarow: Councilmembers Shriver, Holbrook, Mayor Pro Tem 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 Tem 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 of the 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.

Councilmember 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 all 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.

Councilmember McKeown nominated incumbents John Berley and Nina Fresco. There being no other nominations, the two incumbents were appointed by acclamation, with all members present.

LIBRARY 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 Stern. There being no other nominations, the incumbent was appointed by acclamation, with all members present.

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.

Councilmember McKeown nominated Maria Luisa Loya.

Hendrik Koning was appointed by the following vote:

Koning: Councilmembers Shriver, Holbrook, Bloom, Mayor Pro Tem Katz, Mayor O=Connor

Loya: Councilmembers Genser, McKeown

Councilmember requested to change his vote to Koning for a final vote as follows:

Koning: Councilmembers Genser, Shriver, Holbrook, Bloom, Mayor Pro Tem Katz, Mayor O=Connor

Loya: Councilmembers McKeown

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.

On order of the Mayor, the second vacancy was continued to a future meeting.

MORATORIUM - THIRD STREET PROMENADE

7-B: Introduction and first reading of an interim ordinance extending a moratorium on new or expanded retail uses on the ground floor of the Third Street Promenade, with 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 Tem Katz,

Mayor O=Connor

NOES: None

ABSENT: None

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 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.

On order of the Mayor, this matter was continued to July 26, 2005.

WRITTEN REQUESTS:

12-A: Request of Linda Rider to discuss the matter of day laborers at the 11^th Street and Colorado intersection and to request that a Ano 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.