Loading...
M-3/28/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 28, 2006 A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:56 p.m., on Tuesday, March 28,2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Mayor Pro Tern Bobby Shriver Councilmember Richard Bloom Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor Absent: Councilmember Ken Genser Also Present: Assistant City Manager Gordon Anderson Assistant City Attorney Joseph Lawrence City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:56 p.m., with Councilmember Genser absent. Assistant City Attorney Joseph Lawrence 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 and Joe Natoli expressed their views regarding Consent Calendar items. At the request of Mayor Pro Tern Shriver, Item I-B was removed from the Consent Calendar. Motion by Councilmember O'Connor. seconded by Councilmember McKeown. to approve all items on the Consent Calendar except Item I-B, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: 1 March 28, 2006 AYES: NOES: ABSENT: Councilmembers Bloom, Katz, McKeown, O'Connor, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember Genser 1248-1260 18th STREET I-A: Statement of Official Action for action taken on appeal for the expansion of the Unitarian Univenalist Community Church of Santa Monica at 1248-1260 18th Street, was approved. UNIFORMS AND l-C: Recommendatien to award- Bid No. 1900, in an estimated SUPPLIES FOR THE BBB annual expenditure of $40,000, to Aramark Uniform Services for uniform, shop towel, and Goor mat rental services for tbe Big Blue Bus, was approved. NATIONAL INCIDENT l~D: Resolution No. 10119 (CCS) entided: "A RESOLUTION OF THE MANAGEMENT SYSTEM CITY OF SANTA MONICA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AND INCORPORATING ITS PRINCIPLES AND POLICmS INTO THE CITY'S EMERGENCY PLAN," was adopted. MOTOROLA MOBll..E COMPUTERS Mayor Pro Tem Shriver excused at 6:05 p.m. CWSED SESSIONS: Mayor Pro Tem Shriver returned at 6:06 p.m. I-B: Use of grant funds forpurcbase of mobile computers from Motorola - recommendation to waive competitive bidding, appropriate proposed uses for State COPS funding of $270,405, and the purchase of 25 mobile computers on a sole source basis from Motorola, Inc., was presented. Mayor Pro Tem Shriver advised he had a conflict of interest in this matter and requested to be excused. Motion by <;Quncilm~bS'f O'ConnQr. seconded by Co~ember Ka~ to approve recommendation. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Katz, McKeown, O'Connor. Mayor Holbrook None Councilmember Genser, Mayor Pro Tern Shriver On order of the Mayor, the City Council recessed at 6:06 p.m., to consider closed sessions and returned at 7:25 p.m., with Councilmember Genser absent, to report the following: 2 March 28, 2006 2-A: Conference with Legal Counsel- Existing Litigation: Betty Robinson v. City of Santa Monica, Case No. SC 086 327. ACTION: Not heard. 2-B: Conference with Legal Counsel- Existing Litigation: City allv. Shell Oil Company (arbitration regarding compliance with settlement agreement in City of Santa Monica V. Shell Oil Co., Case No. 01CC4331). ACTION: Not heard. 2-C: Anticipated Litigation. Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): Claim of SKS Construction Company; one dispute related to real property located at 161 Ocean Park Boulevard; and claim of Palisades Beach Road Property Owners' Association that proposed renovation of 415 PCB conflicts with Proposition S. Motion by Councilmember Katz. seconded by Councilmember O'Connor, to settle SKS claim, related to City Parks and City Facilities, by approving a settlement in the amount of $50,000. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, McKeown, Katz, Bloom, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember Genser The City Attorney advised the other two cases were heard, and there was no reportable action taken. 2-D: Conference with Legal Counsel - Existing Litigation: Boward MiIlerv. City of Santa Monica, Case No. SC 086 282. Motion by Councilmember O'Connor. seconded by Councilmember McKeown, to approve settlement in the amount of $75,000 related to an injury that occurred at Muscle Beach. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Katz, McKeown, O'Connor, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember Genser 3 March 28, 2006 STUDY SESSION: HOMELESS UPDATE . REPORT HOMELESS LEGISLATION SPECIAL ITEMS: WOMEN'S H18TORY MONTH PAL MARATHON RECOGNITION At the request ofCounci1 and on order of the Mayor Item 13-E was heard concurrently with this matter. 3-A: Homeless Update Report was presented by Consultant and Former Los Angeles County Supervisor Ed Edelman. 13-E: Request of Mayor Pro Tem Shriver and Councilmember Bloom to support Senator GiI CediDo's regional homeless legislation with refinements recogn~ng Santa, Monica hOQlelessn~ efforts. Support as foUows: I. Support SB1318: Sentence Enhancements ControDed Substance Sales Drug Treatment Center or Homeless Shelter. 2. Support SB1319: Dumping"/Criminal Procedure: release from custody in jail services. 3. Neutral SB1320: Downtown Narcotics Recovery Zone !Probation: Los Angeles County restrictions. 4. Support SB1321: Criminal Procedure: release from custody in jail (CommuDity ReunDacation Act). 5. Support with amendment- SB1322: Fair Share ZoningIBousing: use by right; amend to credit existing serviceslhousing. 6. Support SBI323: Prototype Mental Health Courtlfreatment Program. 7. Support SB 1288: Youth Substance Abuse TreatmentJMedi-CaI. 8. Support SB 1289: Foster Care Extension Up to Age 21.9. Support SB 1469:Youth Discharge Planning Connection with Medi-CaI, was presented. Members of the public Jerry Rubin, Joey Fullmer Joe Natoli and Becky Dennison expressed their views on the subject matter. On order of the Mayor, the Homeless Update Report was received and filed. Motion h): Mayor Pro Tern Shriver~ seconded by Councilmember Bloom. to approve request. The motion was unanimously approved by voice vote, with Councilmember Genser absent. 4-A: Proclamation declaring March 2006 to be Women's History Month in the City of Santa Monica and congratulating the Commission on the Status of Women on its 25th Anniversary, was read and issued by Mayor Holbrook. 4-B: Recognition of Police Activities League (PAL) Youth Participation in the Los Angeles Marathon. Mayor Holbrook recognized the participants in this activity and conveyed Council's support and encouragement for future endeavors. 4 March 28, 2006 ORDINANCES: AUTOMOBILE DEALERSHIPS 7-A: Resolution No. 10120 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING A FINAL EIR"; Resolution No. 10121 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING NECESSARY CEQA FINDINGS AND APPROVING STATEMENT OF OVERRIDING CONSIDERATIONS"; Resolution No. 10122 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING TIrE GENERAL PLAN LAND USE ELEMENT AMENDMENT~~; and introduction and first reading of an interim ordinance modifying regulatiQDSrelated tQautQmQbile dealersbip~, assQciated autolllobile parking structures and storage lots, including allowing development of automobile parking stmctures, storage facilities, and related uses associated with an adjacent dealership on certain residentially zoned sites, establishing development standards, design standards, review processes and operational standards, authorizing automobile dealerships in the Ml District, adjusting the FAR calculation methodology, authorizing employee parking on existing inventory lots in the BCD Zoning District, and modifying the temporary use permit provisions for dealerships, was presented. Member of the public Chuck Allord spoke in opposition to the proposed ordinance. The following members of the public spoke generally in support of the proposal and provided comments and suggestions for changes: Mark Harding, Joe Simpkins, Ron Davis, Bill Rehwald, Mike Sullivan Bill Rinker, Kathy Dodson, Kevin Kozal, Chris Harding, and Ruthann Shanley. Motion by Councilmember Katz, seconded by Councilmember Bloom, to adopt resolution certifying the EIR, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember Genser NOES: ABSENT: Motion by Councilmember O'Connor. seconded by Councilmember Bloom, to adopt Resolution making CEQA findings and adopting Statement of Overriding Considerations, amended to include the "Attachment A" entitled "Mitigation and Monitoring Report," distributed by staff The motion was approved by the following vote: 5 March 28, 2006 AYES: Councilmember Bloom, Katz, McKeown, O'Connor, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember Genser NOES: ABSENT: Motion by Councilmemher McKeown. seconded by Councilmember Bloom. to adopt resolution adopting the General Plan Land Use Element Amendment and to introduce the ordinance for first reading, reading both by title only and waiving further reading thereof. Motion to amend by Councilmember Katz. seconded by Mayor Pro Tem Shriver, to amend ordinance to allow the dealers to still unload inventories on the commercial area of the streets (not residential) unless they have facilities off-street to allow for it, and that hours proposed in the staff report are acceptable. Discussion ensued. After considerable discussion, the motion to amend was withdrawn by the maker and seconder. Motion by Councllmember Ka~ secondesl by Mayor Pro Tem Shriver. to amend the maximum building height to exclude parapets from measurement. The motion was accepted as friendly. Motion to amend by Councilmember Bloom to extend the short-term automobile storage by providing three additional 6-month extensions, for a possible total of 5 years. The motion was accepted as friendly. Motion to amend by Councilmember Katz, to approve the request of the Santa Monica Dealers Association to not require additional parking for single story showrooms that enclose what is an outdoor display area, with the following language in the appropriate section: "Notwithstanding the parking requirements set forth in Municipal Code Section 9.041.008, interior showroom areas specifically dedicated to vehicle display shall be calculated at a rate of one space for 2,000 of floor area. Associated sales and office area shall continue to be calculated as required by the Zoning Ordinance." The amendment was accepted as friendly. Motion by Councilmember Katz. seconded by Mayor Holbrook. that when remodeling, to change the threshold that triggers additional standard conditions from 1,000 to 2,000. The motion to amend was approved by the following vote: 6 March 28, 2006 AYES: NOES: ABSENT: Councilmembers O'Connor, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook Councilmember McKeown Councilmember Genser Motion to amend by Councilmember O'Connor. seconded by Council- member Katz, to delete the use of photovoltaic technology as a requirement from the ordinance. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook COl.lncibnember McKeown Councilmember Genser The main motion to amend the Resolution, as amended above, was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember Genser The main motion to introduce the ordinance, as amended above, was approved by the following vote: AYES: NOES: ABSENT: CounciImember Bloom, Katz, McKeown, O'Connor, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember Genser DENSITY BONUS! 7-B: Introduction and first reading of an interim ordinance AFFORDABLE HOUSING extending, with modifications and clarifications, the interim ordinance INCENTIVES modifying the City's Density Bonus and Affordable Housing Incentives in accordance with State Density Bonus Law, was presented. There was no one present for public comment. Motion by CounciImember O'Connor. seconded by Councilmember McKeown. to introduce ordinance, reading by title only and waiving further reading thereof, and amending Section J to read: "Housing developments in commercially or industrially-zoned districts that meet the affordability requirements of subsection (h) may request one or more of the following incentives, as applicable: In addition to the high-rise residential parking incentive of subsection (g)." And add the following language at the end of the definition: "or additional housing development mandated by 7 March 28, 2006 STAFF ITEMS: CIIILD CARE/ARTS DEVELOPER REQUIREMENTS SPECIAL JOINT MEETING: REFUNDING BONDS Government Code Section 65915." The motion, as amended, was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None Counci1member Genser NOES: ABSENT: 8-A: Discussion of analysis and recommendation regarding a Child Care Linkage Program and Developer Cultural Arts Requirements - recOlnmend8tion to .give direction to staff re18ting to the drafting of two ordinances for a Childcare Linkage Program and Developer Cultural Arts Requirement. On order of the Mayor, this matter was continued to April II, 2006, as a 5- Item. On order of the Mayor, the regular City Council meeting was recessed to a joint meeting with the Redevelopment Agency at 11 :47 p.m., with Councilmember Genser absent. JOINT MEETING WITH THE REDEVELOPMENT AGENCY: 8-B: Earthquake Recovery Redevelopment Project Area Tax Allocation Refunding Bonds - recommendation that the City Council and the Redevelopment Agency adopt respective Resolution Nos. 10119 (CCS) and 495 (RAS) authorizing issuance of the Refunding Bonds and approve the execution and delivery of an Indenture and First Supplement to Indenture of Trust, Escrow Agreement, Preliminary Official Statement, Official Notice of Sale, and Notice of Intention to Sell; and approve the proposed budget changes, was presented. There was no one present for public comment. Molion by Mayor Pro Tern Shriver, seconded by Councilmember O'Connor, to adopt Council resolution, reading by title only and waiving further reading thereof, and approving staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, O'Connor, MayotPro Tern Shriver, Mayor Holbrook None Councilmember Genser NOES: ABSENT: 8 March 28, 2006 ADJOURNMENT OF SPECIAL JOINT MEETING COUNCIL ITEMS: APPOINTMENT APPOINTMENT APPOINTMENT On order of the Mayor, the Special Joint Meeting was adjourned at 11 :50 p.m., and the City Council returned to its regular meeting, with Councilmember Genser absent. 13-A: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 10, 2009. (Continued from March 14, 2006.) On order of the Mayor, this matter was continued to Aprilll, 2006. 13-B: Appointment to one special vacancy on the Commission for tile Senior Community for a term ending June 30, 2007. On order of the Mayor, this matter was continued to April 11, 2006. 13-C: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30,2007. On order of the Mayor, this matter was continued to Aprilll, 2006. EXTENSION OF TERM 13-D: Extension of two-year term for appointment made on February 28, 2006, to one annual vacancy as the Santa Monica representative to the Los Angeles County West Vector Control District, was presented. PUBLIC INPUT: ADJOURNMENT: Motion by Councilmember McKeown. seconded by Councilmember O'Connor, to extend Nancy Greenstein's appointment from two years to four years. The motion was unanimously approved by voice vote, with Councilmember Genser absent. Members of the public Art Casillas and Tim Dillenbeck expressed their views and opinions. On order of the Mayor, the City Council meeting was adjourned at 11 :58 p.m., in memory of Thomas (Tommy) Garcia, retired employee of the City's Water Department and husband of Finance Department employee Donna Garcia; Werner Simon Phillips, father of Risk Manager Tom Phillips; and resident Carrie Phillips, teacher at Turning Point School in Culver City, who was killed when a car struck her as she was walking students back to school from a nearby park. A~~..4 Maria M. Stewart City Clerk APPROVED: ~#~~ Robert T. Holbrook Mayor 9 March 28, 2006