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M-10/3/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 3, 2006 A regular adjourned meeting of the Santa Monica City Council was called to order at 5:51 p.m., on Tuesday, October 3, 2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook (arrived at 6: 15 p.m.) Councilmember Richard Bloom Councilmember Ken Genser Councilmember Herb Katz (arrived at 6:00 p.m.) Councilmember Kevin McKeown Councilmember Pam 0' Connor Absent: Mayor Pro Tern Bobby Shriver Also Present: City Manager P. Lamont Ewell Assistant City Attorney Joe Lawrence Acting City Clerk Denise Anderson- Warren CONVENE/PLEDGE A quorum ofthe City Council convened at 5:51 p.m., with Councilmember Katz, Mayor Pro Tern Shriver and Mayor Holbrook absent. Councilmember Genser led the assemblage in the Pledge of Allegiance. In the absence of Mayor Holbrook and Mayor Pro Tern Shriver, the Acting City Clerk asked for a motion to have one of the Councilmembers present preside over the meeting in the interim until the Mayor arrived. Motion by Councilmember O'Connor, seconded by Councilmember Genser, to appoint Councilmember Bloom as interim Chair. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Genser, O'Connor, McKeown, Bloom None Councilmembers Katz, Mayor Pro Tern Shriver, Mayor Holbrook Member of the public Joy Fullmer spoke on various closed session items. 1 October 3,2006 CLOSED SESSIONS: On order ofInterim Chair Bloom, the City Council recessed at 5:57 p.m." to consider closed sessions and returned at 7 :28 p.m., with Mayor Pro Counci/member Katz arrived Tern Shriver absent to report the following: at 6:00 p.m. 2-A: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd. P.C., Case No. BC 315186.City v. Mayor Holbrook arrived at Baron & Budd, P.c., Case No. BC 315 186. 6:15 p.m. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: City adv. Shell Oil Company (arbitration regarding compliance with settlement agreement in City of Santa Monica v. Shell Oil Co., Case No.OICC4331). ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: Fifth/Arizona Investors. LLC v. City of Santa Monica, LASC Court Case No. SC083204, Court of Appeals Case No. BI85512. ACTION: Heard. No reportable action taken. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2206 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.20.10.030, 9.04.10.02.450, 9.36.270,9.32.170, AND 9.56.030 TO ALLOW FOR MODIFICATION OF DEVELOPMENT STANDARDS AND IMPLEMENTATION OF INCENTIVES FOR PROJECTS THAT INCLUDE THE RETENTION AND PRESERVATION OF A DESIGNATED LANDMARK BUILDING OR CONTRIBUTING STRUCTURE TO AN ADOPTED HISTORIC DISTRICT," was presented. LANDMARK/HISTORIC DISTRICT Motion by Councilmember Genser, seconded bv Councilmember McKeown, to adopt ordinance, reading by title only and waiving further thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: 2 October 3, 2006 PROJECT DESIGN AND DEVELOPMENT STANDARDS PRIORITY OF CITY SERVICE 7-B: Second reading and adoption of Ordinance No. 2207 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY PROJECT DESIGN AND PROPERTY DEVELOPMENT STANDARDS FOR SPECIFIED USES IN CERTAIN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY INCLUDING, BUT NOT LIMITED TO, STANDARDS RELATED TO PERMITTED BUILDING HEIGHTS, EXCEPTIONS TO THE HEIGHT LIMIT, UNIT DENSITY, PARCEL COVERAGE, FLOOR AREA AND ARCHITECTURAL DESIGN REVIEW CRITERIA, AND MODIFYING THE AFFORDABLE HOUSING PRODUCTION PROGRAM," was presented. Motion by Councilmember McKeown, seconded by Councilmember Genser, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Bloom, McKeown, O'Connor, Genser Councilmember Katz Mayor Pro Tern Shriver Mayor Holbrook 7-C: Second reading and adoption of Ordinance No. 2208 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 1.20 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO PRIORITY FOR CITY SERVICE," and Resolution No. 10169 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE PRIORITY OF CITY SERVICES RELATED TO DEVELOPMENT ACTIVITIES," were presented. Motion by Mayor Holbrook. seconded by Councilmember Bloom, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: Motion by Mayor Holbrook, seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, Genser, Mayor Holbrook None Mayor Pro Tern Shriver 3 October 3, 2006 NOES: ABSENT: COUNCILMEMBER ITEMS: SOCIAL SERVICES COMMISSION ANNUALS APPOINTMENTS BA YSIDE & SENIOR COMMUNITY STATUS OF WOMEN CONVENTION & VISITORS ARTS COMMISSION EXEMPT PARKING FOR VETERANS 13-A: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007. The Mayor opened the floor for nominations to the Social Services Commission. Councilmember Bloom nominated, Maria Hernandez. Ms. Hernandez was appointed by acclamation, with Mayor Pro Tern Shriver absent. 13-B: Annual appointments to the following boards and commissions Board/Commission Bayside District Corporation Commission for the Senior Community No. of Appts. 1 2 Term Ending 06/30/2010 06/3012010 Member of the public Jerry Rubin spoke in support ofa candidate for the Bayside District Corporation. On order of the Mayor, and at the request of Councilmember Genser, the appointments were continued to October 10, 2006. The Mayor opened the floor for nominations to the Commission on the Status of Women. Commission on the Status of Women 1 06/30/2010 Councilmember O'Connor nominated, Melissa Dagadog. Ms. Dagadog was appointed by acclamation, with Mayor Pro Tern Shriver absent. Convention & Visitors Bureau 1 06/3012010 On order of the Mayor, and request of Council member O'Connor, the appointment was continued to October 10, 2006. 13-C: Appointment to one annual vacancy on the Arts Commission for a term ending June 30, 2010. On order of the Mayor, and request of Council member McKeown, this appointment was continued to October 10, 2006. 13-D: Request of Councilmember McKeown that Council direct staff to evaluate possible revenue implications and return with an ordinance exempting from parking meter fees military veterans displaying honorific license plates such as Congressional Medal of Honor, Legion of Valor, Purple Heart, American Prisoner of War, and Pearl Harbor Survivor, was presented. 4 Octo ber 3, 2006 CORNER PARCELS ZONING PUBLIC INPUT: ADJOURNMENT: Members of the public Joe Natoli, Jerry Rubin and Odas Flake, spoke in support of the request. Motion by Councilmember McKeown. seconded by Councilmember Katz, to approve the request. The motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, McKeown, Katz, Bloom, Mayor Holbrook None Mayor Pro Tern Shriver NOES: ABSENT: 13-E: Request of Mayor Holbrook that Council direct staff to assess alternatives and prepare an ordinance amending the Santa Monica Zoning Code to address permitted walls on corner parcels where a Zoning Code-defined side yard may be perceived by the neighborhood as a front yard, including direction to prepare the ordinance in advance of the comprehensive update to the Zoning Ordinance, was presented. There was no one present for public comment. Motion by Mayor Holbrook, to approve request. The motion was duly seconded, and was unanimously approved by voice vote, with Mayor Pro Tern Shriver absent. Members of the public Joe Natoli, Jerry Rubin and Pro Se expressed various concerns. On order of the Mayor, the City Council meeting was adjourned at 8:10 p.m. to October 10, 2006, in memory of Jeanette Hicks, a resident of Sunset Park, known as "Silver". ATTEST: APPROVED: ./ I, / l)t~~A,/~/ ~,,/fi(.ttf:-, Robert T. Holbrook Mayor Denise Anderson-Warren Acting City Clerk 5 October 3, 2006