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M-5/9/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES May 9, 2006 A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:47 p.m., on Tuesday, May 9,2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Mayor Pro Tern Bobby Shriver Councilmember Richard Bloom Councilmember Ken Genser Councilmember Herb Katz Councilmember Kevin McKeown Absent: Councilmember Pam 0' Connor Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:47 p.m., with Councilmember O'Connor and Mayor Pro Tern Shriver absent. Councilmember Genser 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 Jerry Rubin commented on aspects ofItem I-H. At the request of Councilmember McKeown, Item l-C was removed from the Consent Calendar. At the request of Councilmember Genser, Item l-E was removed from the Consent Calendar. At the request of Council member Katz, Item I-F was removed from the Consent Calendar. 1 May 9,2006 MINUTES 2316 3rd STREET 1943-59 HIGH PLACE - AFFORDABLE HOME OWNERSHIP SPORTS CAMPS AND CLASSES LEGAL PUBLISHING SALE OF REMNANT PARCEL AT 2101 PICO Motion by Councilmember Katz. seconded by Councilmember McKeo~ to approve all items on the Consent Calendar as presented except Items I-C, I-E and I-F, reading resolutions by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Holbrook None Councilmember O'Connor, Mayor Pro Tern Shriver NOES: ABSENT: I-A: The minutes of March 28, April II, and April 25, 2006, City Council meetings were approved as submitted. 1-B: Resolution No. 10127 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL PARCEL MAP NO. 061365 TO SUBDIVIDE A PROPERTY AT 2316 THIRD STREET," was adopted. 1-D: Grant funding for proposed atTordable home ownership development at 1943..59 High Place - recommendation to adopt a Resolution No. 10128 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY TO APPLY FOR BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS (BEGIN) PROGRAM FUNDS FROM THE STATE OF CALIFORNIA, AND ENTER INTO A GRANT AGREEMENT NO. 8585 (CCS) WITH THE STATE OF CALIFORNIA IF FUNDING IS AWARDED, AND EXECUTE ANY OTHER DOCUMENTS NECESSARY TO OBTAIN TillS FUNDING," was adopted. I-G: Contracts for specialty sports camps and classes - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8589 (CCS) with Surf Academy, in the amount of $1 80,000; No. 8590 (CCS) with Beach Sports, in the amount of $154,000; and No. 8591 (CCS) with Socceropolis, in the amount of $144,000, for instruction of specialty sports classes and camps, was approved. 1-H: Recommendation to award a bid to the Santa Monica Daily Press to publish the City's legal notices for FY 2006-07, was approved. 1-1: Recommendation to authorize statTto negotiate the sale ofa remnant parcel of property located at 2101 Pico to adjacent property owner; and supplemental report with map, was approved. 2 May 9, 2006 SHORT RANGE TRANSIT PLAN AIRPORT LEASES l-C: Short Range Transit Plan, application for grant funds, and approval of alcohol and anti-drug policy - recommendation to authorize the City Manager to file Short Range Transit Plan and grant fund applications with the Los Angeles County MT A, and to execute grant documents for available grant funds; and that Council approve the federally mandated Alcohol and Anti-Drug Policy, was presented. Councilmember McKeown advised he removed this item from the Consent Calendar to ask questions regarding the status of diesel-consuming buses and the potential use ofbio-diesel, which is environmentally more sound. Staff responded to questions from Councilmembers. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Katz, Genser, Mayor Holbrook None Councilmember O'Connor, Mayor Pro Tem Shriver NOES: ABSENT: ,l-E: Lease agreements for existing displaced tenants at the City Airport - recommendation to authorize the City Manager to negotiate and execute Lease Agreement Nos. 8586, 8587, and 8588 (CCS) with three existing tenants (KTB, Inc., dba Santa Monica Acura, Collectibles Market, and Spitfire Grill), displaced by the Airport Park Project, was presented. Councilmember Genser advised he removed this item from the Consent Calendar to inquire if the leases will be presented to the Airport Commission for review prior to execution. Staff responded to questions from Councilmembers. Motion by Councilmember Genser. seconded by Councilmember McKeown, to approve staff recommendation, amended to direct staff present the proposed leases to the Airport Commission for review and comment prior to the leases' execution. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Holbrook None Councilmember O'Connor, Mayor Pro Tem Shriver NOES: ABSENT: 3 May 9, 2006 AFFORDABLE HOUSING I-F: Annual Adjustments to Affordable Housing Fee- FEE ADJUSTMENTS recommendation to approve the proposed methodology for calculating tire annual adjustments to the Affordable Housing Fee as provided for in the Municipal Code, was presented. Councilmember Katz advised he removed this matter from the Consent Calendar because he plans to vote in opposition as he feels that there is no documentation on what effect this will have on housing and on the cost, and whether it will be beneficial or detrimental. Discussion ensued as to the options of acting on this matter or continuing it to a future meeting. Motion by Mayor Holbrook. seconded by Councilmember Genser, to continue to a future meeting. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tern Shriver absent. CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6:04 p.m., to consider closed sessions and returned at 7:30 p.m., with Councilmember O'Connor absent, to report the following: Mayor Pro Tem Shriver arrived at 6:05 p.m. 2-A: Conference with Labor Negotiator. City Negotiator: Karen Bancroft, Director, Human Resources Bargaining Units: Municipal Employees Association Santa Monica Firefighters Local 1109 Supervisors Team Associates ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Stewart Lamie v. City of Santa Monica, Case No. CV 04-6355. ACTION: Not heard. 2-C: Conference with Legal Counsel - Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283, and related cases (Farmer's Market Litigation). ACTION: Heard. No reportable action taken. 4 May 9, 2006 2-D: Conference with Legal Counsel- Existing Litigation: Emmanuel Ojo v. City of Santa Monica, Case No. BC 311 096. ACTION: Heard. No reportable action taken. 2-E: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): claim of Palisades Beach Road Property Owners' Association that proposed renovation of 415 PCB conflicts with Proposition Sand CEQA and claim of JSM relating to state housing law and the City's Affordable Housing Production Ordinance; decision on whether to initiate an appeal pursuant to Government Code Section 54956.9(c). ACTION: Heard. No reportable action taken. 2-F: Conference with real property negotiator: Property: 1300 4th Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: A TC Building Company ACTION: Not heard. 2-G: Conference with real property negotiator: Property: 1301 4th Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Proper Owner of Record: Virginia Tegner Spurgin Investments Co. ACTION: Not heard. 2-H: Conference with real property negotiator: Property: 1333 4th Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Virginia Tegner Spurgin Investments Co. ACTION: Not heard. 5 May 9,2006 ORDINANCES: SIDE-YARD SET-BACK REQUIREMENTS 2-1: Conference with real property negotiator: Property: 1222 4th Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: South Bay Women's Club ACTION: Not heard. 2-J: Conference with real property negotiator: Property: 1415-27 Sili Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Mark S. Romney ACTION: Not heard. 2-K: Conference with real property negotiator: Property: 1437 5th Street City Negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: PRU/JSM Trino ACTION: Not heard. 7-A: Second reading and adoption of Ordinance No. 2184 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ALLOW MODIFICATION OF A SIDE YARD SET BACK REQUIREMENT IN THE R-I DISTRICT WHERE THE COMBINATION OF CONTIGUOUS PARCELS REQUIRES A GREATER SIDE YARD SETBACK, AND TO ALLOW THE RE-DMSION OF COMBINED PARCELS," 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: Councilmembers Genser, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 6 May 9, 2006 AUTOMOBILE DEALERSHIPS 7-B: Introduction and first reading of an interim ordinance extending and modifying the initial interim ordinance modifying zoning regulations pertaining to automobile dealerships, associated automobile parking structures and automobile storage lots, including allowing development of automobile parking structures and automobile storage facilities 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. Members of the public Bill Rehwold, Mark Harding, Mike Sullivan, and Joe Simpkins spoke in support of auto dealerships, provided suggestions and proposed changes. Members of the public Chuck Allord and Candida Hadad spoke in opposition to the proposed ordinance. Considerable discussion ensued regarding the merits of the ordinance and the comments presented by the public. Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce the ordinance reading by title only and waiving further reading thereof, and amending it as follows: That regarding the restriction requirement for on-site parking, a dealership be exempt if it complies with the provisions of Chapter 9.16 and includes dealerships having 10-49 employees and those having over 50 employees; that dealerships have ability to use residential lots for inventory storage provided that any, then current, code is complied with; or could be provided up to 750 feet away; or dealership has a plan approved for a shuttle service by the director of planning; or that the off-site facility is on a public transit line that connects the off site location with the dealership; and that with regard to 50% discount, allow discount for rooftop parking. Motion to amend by Councilmember McKeown, that there be a requirement that a transit/pass be provided. The motion was accepted as friendly. Senior Land Use Attorney Barry Rosenbaum read into the record the changes effected by the motion on the language of the ordinance as follows: 7 May 9, 2006 Add to Section 2, subsection (a) at end of existing provision: "and rooftop floor area dedicated to parking or storage uses shall be discounted by 500/0. " On page 9, Section 3.A, the same language to be added. Section 4, first paragraph, add the phrase"qualifying lots" to describe the related lots. On page 13, add a new Subsection (d) called "inventory storage on surface lots." The subsection to read: "A qualifying lot may be used for surface inventory storage only if the following conditions are met: Any displaced required parking shall be relocated to another off-site, off-street location that is (a) located within 750 feet of the qualifying lot, (b) located within 300 of a public transit line that connects the off site parking with the dealership and the dealership provides free bus passes to the employees, or (c) service by a dealer-provided shuttle between the off-site location and the qualifying lot that had been approved by the City's director of planning. " Add subsection (d)(2) that provides "that displaced parking shall be restored to the qualifying lot if the criteria of (d)( 1) are no longer met. " Section 5(a) add "and rooftop floor area dedicated to parking and storage uses shall be discounted at 50%. " On page 20, Section 7(a), modify language in reference to chapter 9.16: "on site employee parking may be provided for a charge but only if the automobile dealership implements employee trip-reduction strategies consistent with the City's Transportation Management Ordinance." The motion as amended and clarified, was approved by the following vote: AYES: Councilmembers Genser, McKeown, Katz, Bloom, Mayor Pro Tern Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: DEVELOPMENT STANDARDS 7-C: Introduction and first reading of an ordinance modifying the development, design, and ofT-street parking standards for projects developed within the BSCD, C3 and C3C Zoning Districts, including but not limited to, design standards for ground floor heights, building street fronts, landscaping, sidewalls adjacent to historic resources, development review thresholds, and ofT-street parking and access requirements, was presented. 8 May 9,2006 The following members of the public expressed various concerns, related to parking issues, and opinions regarding the proposal and the Architectural Review Board's recommendations: Joey Fullmer, Michael Folonis, Joan Charles, Allen Freeman, Don Empackeris, Ellen Brennan and Arthur Harris. Motion by Councilmember Genser. seconded by Councilmember Bloom, to introduce the ordinance, reading by title only and waiving further reading thereof. Motion to amend by Councilmember Katz, for grade elevation to be, "no less than six inches below the average grade, and no more than 12 inches above the average grade." The motion was accepted as friendly. Motion to amend by Councilmember Bloom, that as to ground floor commercial space and its uses, change the language to say, "minimally sized commercial spaces full block and pedestrian-oriented use required," to mandate uses on the comer. The motion was accepted as friendly. Planning Director Andrew Agle read into the record the text change resulting from Councilmember Bloom's amendment as follows: "Parcels in the C3 district are required to have ground-jloor commercial uses to a minimum depth of fifty (50) feet from the buildingfront, except that for parcels with rh Street frontage, the requirement shall be to a minimum depth of twenty-five (25) feet from the building front. The commercial spaces shall be provided in accordance with the following formula: Parcel Frontage Minimum Size of Commercial Space 6th Street 50-99 feet 100-feet or more 2,500 square feet 5,000 square feet rh Street 50-99feet 100-feet or more 1,250 square feet 2,500 square feet Corner parcels in the C3 district are required to have ground-jloor pedestrian-oriented uses. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be su~ject to this subsection." Motion to amend by Councilmember Genser to change effective date on Section 12 from June 26,2006, to "projects that have been submitted by May 10th and are deemed completed by June 26, 2006." The motion was 9 May 9,2006 WORKERS COMP CLAIMS RETENTION OF GROCERY WORKERS accepted as friendly. The motion as amended was approved by the following vote: AYES: Councilmembers Genser, McKeown, Katz, Bloom, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 7 -D: Introduction and adoption of Ordinance No. 2185 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 2.44.050 TO AUTHORIZE THE CITY MANAGER TO APPROVE WORKER'S COMPENSATION CLAIMS IN EXCESS OF $15,000 AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented. There was no one present for public comment. Motion by Council member Katz. seconded by Mayor Pro Tem Shriver, to introduce and adopt ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 7-E: Introduction and first reading of an ordinance adding Chapter 5.40 to the Municipal Code to impose requirements relating to the retention of grocery workers in certain circumstances involving the transfer of ownership of large grocery establishments, was presented. Members of the public Louie Saenz, Michael Bruno and Ruby Ellis spoke in support of the proposed ordinance. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: 10 May 9,2006 STAFF ITEMS: DOWNTOWN PARKING PROGRAM AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 8-A: Downtown Parking Program - recommendation to: approve the proposed Downtown Parking Program; adopt Resolution No. 10129 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING NECESSARY CEQA FINDINGS AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM"; and authorization for staff to proceed with implementation of the Program, was presented. Members of the public Joe Natoli and John Warfel commented on aspects of the proposal. Motion by Councilmember GenseL seconded by Councilmember Katz, to adopt resolution, reading by title only, and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, Genser, Mayor Pro Tem Shriver, Mayor Holbrook Councilmember McKeown Councilmember 0' Connor NOES: ABSENT: Councilmember McKeown stated, for the record, that he voted in opposition because this Council has approved a Statement of Overriding Consideration based on downtown development, a debate which Council has not yet had. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve the full downtown parking program. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, Genser, Mayor Pro Tem Shriver, Mayor Holbrook Councilmember McKeown Councilmember O'Connor NOES: ABSENT: Councilmember McKeown stated, for the record, that he voted in opposition because he does not believe Councilmembers should have given 11 May 9, 2006 BBB EXPANSION PROJECT PUBLIC BEARINGS: themselves authority to do something that the public has not yet given Council authority to do. 8-B: Big Blue Bus Facility Expansion Project - recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8592 (CCS) with Morley Construction Company, in the amount of $8,048,222; approve an amendment to Contract No. 8005 (CCS) with Hellmuth, Obata + Kassabaum (HOK), in the amount of$1,330,000, for additional services; authorize assignment of the HOK design contract to Morley Construction Company; approve a guaranteed maximum price of $5,670,895 for construction of the OPCC Access Center; and approve th~ proposed appropriation of funds, was presented. Member of the public John Maceri spoke in support of the project. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 9-A: Public hearing and approval of FY 06-07 BUD one-year action plan and amendment to the 2005-2010 Consolidated Plan- recommendation to hold a public hearing, receive public comment, approve the proposed One-Year action plan to the Consolidated Plan, and authorize staff to submit all documents required to receive CDBG and Home Investment Partnership Act grant funds from HUD, was presented. There was no one present for public comment. Motion by Councilmember McKeown. seconded by Mayor Holbrook, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Katz, McKeown, Genser, Mayor Pro Tem Shriver, Mayor Holbrook None Councilmember O'Connor NOES: ABSENT: 12 May 9, 2006 WRITTEN COMMUNICA TIONS: SEGW A Y PROHmITION l2-A: Request of Jerry Rubin that the City Council direct staff to return with an ordinance prohibiting "SEGW A Y" motorized transportation from being used on the Third Street Promenade, was presented. Mayor Pro Tem Shriver was excused at 11:55 p.m. Member of the public Jason Stemnler spoke in opposition of the request. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to direct staff to return with information regarding the use of pedestrian- assisted devices in the City. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tern Shriver absent. COUNCIL ITEMS: 13-A: Request from Councilmember O'Connor and Councilmember LOCAL GOVERNMENT - Bloom that the City Council direct staff to budget for and/or authorize NEW PARTNERS an expenditure of $5,000 so that the City of Santa Monica may be an CONFERENCE official Sponsor of the Local Government Commission's 6th Annual New Partners Conference to be held in Los Angeles in 2007, was presented. There was no one present for public comment. Motion by Councilmember Bloom. seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tem Shriver absent. AB 2987 13-B: Request of Councilmembers O'Connor and Bloom to oppose AB 2987 (Nunez) which preempts local cable franchising authority and related local fee and tax authority, strips local government of right of way management and full community build-out requirements, undermines PEG and I-NET services and dilutes local consumer protection standards, was presented. There was no one present for public comment. Motion by Councilmember Bloom. seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tem Shriver absent. CELEBRATE AMERICA 13-C: Request of Council member Katz that Council support the FIREWORKS annual Celebrate America Fireworks put on by Santa Monica College in the amount of $15,000 from Council Contingency, was presented. 13 May 9, 2006 EMPLOYEE HOUSING INCENTIVE COUNCIL RULES PUBLIC INPUT: ADJOURNMENT: There was no one present for public comment. Motion by Councilmember Katz. seconded by Councilmember Bloom, to approve request. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tern Shriver absent. 13-D: Request of Mayor Holbrook, Mayor Pro Tem Shriver and Councilmember O'Connor that staff review programs of cities that provide housing incentives for their employees such as police and fire to live within city boundaries, was presented. Member of the public Joe Natoli expressed his views on the proposal. Motion by Mayor Holbrook. seconded by Councilmember McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmember O'Connor and Mayor Pro Tern Shriver absent. 13-E: Request of Mayor Holbrook and Mayor Pro Tem Shriver that Council direct staff to modify tbe Council Rules to allow for tbe placement of time certain items on Council Agenda and to allow the Mayor to have discretion over considering late requests to speak, was presented. Members of the public Joe Natoli, Arthur Harris, and Jerry Rubin expressed their opinions relative to the proposal. Discussion ensued. The information was received and filed. No formal action was taken. Members of the public Art Casillas and Lucyl Caruso discussed various concerns. On order of the Mayor, the City Council meeting was adjourned at 12:52 a.m. ATTEST: ~~.;-::\.,~ Maria M. Stewart City Clerk APPROVED: 71:i:~e'!>"/-~:/;>,L,,- Robert T. Holbrook Mayor 14 May 9, 2006