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M-072308CITY OF SANTA MONICA CITY COUNCIL MINUTES NLY 23, 2008 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Bloom at 5:43 p.m., on Tuesday, July 23, 2008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pro Tem Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Bobby Shriver (arrived at 6:15 p.m.) Absent: Mayor Herb Katz Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:43 p.m., with Councilmember Shriver and Mayor Katz absent. Lee Swain, Director of Public Works, 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 various Consent Calendar items. At the request of the City Manager, Item 1-C and Item 1-E were continued to later in the meeting. At the request of Councilmember Genser, Item 1-R was removed from the Consent Calendar. July 23, 2008 Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approve all items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz MINUTES 1-A: The minutes of the June 24, 2008, City Council meeting were approved as submitted. BBB TRANSIT COACHES 1-B: Purchase of alternative fuel transit coaches and spare parts - AND SPARE PARTS recommendation to award Bid No. 2948 and approve Contract No. 8963 (CCS) to Creative Bus Sales, in the amount of $4,127,544, to purchase five gasoline/electric hybrid transit coaches and miscellaneous spare parts, was approved. GRAPHIC DESIGN 1-D: Graphic design services for environmental programs SERVICES outreach -recommendation to authorize the City Manager to negotiate and execute Contract No. 8955 (CCS) with Cowan Communication Arts, in the amount of $100,000 annually, to provide graphic design services for public outreach initiatives and programs sponsored by the City, was approved. BBB OPERATIONS 1-F: Interior design services for the BBB Operations Building - BUILDING recommendation to authorize the City Manager to negotiate and execute Agreement No. 8956 (CCS) with Harley Ellis Devereaux, in the amount of $193,954, to provide interior design services at the BBB Operations Building at 1660 7th Street, was approved. 20"' & CLOVERFIELD; 1-G: 20th and Cloverfield, and bus stop and shelter improvement BUS SHELTERS projects - recommendation to adopt Resolution No. 10326 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE MEMORANDUM OF UNDERSTANDING No. 8957 (CCS) WITH THE L.A. COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE ESTABLISHMENT OF A CAPITAL RESERVE ACCOUNT FOR THE 20TH AND CLOVERFIELD, AND BUS STOP AND SHELTER IMPROVEMENT PROJECTS," was approved. July 23, 2008 SCBA APPARATUS 1-H: Purchase of self-contained breathing apparatus (SCBA) - recommendation to award a purchase order to LN Curtis, in the amount of $360,093, to supply and deliver replacement self contained breathing apparatus, related parts and accessories, was approved. 954 Sth STREET 1-L Resolution entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 026640 FORA 4-UNIT CONDOMINIUM PROJECT AT 954 5TH STREET," was adopted. OCEAN PARK BLVD. 1-J: Ocean Park Boulevard Streetscape Improvement Project - STREETSCAPE recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8958 (CCS) with Urban Studio, in the amount of $29,496, for design development, cost information and traffic and civil engineering analysis, was approved. CONSULTING SERVICES 1-K: City employee benefits consulting services - recommendation to - EMPLOYEE BENEFITS authorize the City Manager to negotiate and execute Contract No. 8959 (CCS) with Gallagher Benefits Services, in the amount of $191,000 for a 3-year term, was approved. CIVIC PARKING 1-L: Civic Parking Structure Tenant Improvements Project - STRUCTURE recommendation to authorize the City Manager to negotiate and execute design-build Contract No. 8960 (CCS) with TLD Construction, in the amount of $270,000, for preconstruction services, was approved. VACATION OF HIGH 1-M: Proposed vacation of High Place - recommendation to adopt PLACE Resolution No. 10328 9CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF EXCESS PUBLIC RIGHT-OF-WAY ALONG HIGH PLACE IN THE CITY OF SANTA MONICA AND SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 2008," was approved. AFFORDABLE HOUSING 1-N: Resolution entitled: "A RESOLUTION OF THE CITY OF UNIT DEVELOPMENT SANTA MONICA AUTOMATICALLY ADJUSTING THE COST AFFORDABLE HOUSING UNIT DEVELOPMENT COST PURSUANT TO THE MUNICIPAL CODE BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was adopted. July 23, 2008 AFFORDABLE HOUSING 1-O: Resolution entitled: "A RESOLUTION OF THE CITY OF UNIT BASE FEE SANTA MONICA AUTOMATICALLY ADJUSTING THE i AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET- RATE MULTIFAMILY DEVELOPMENT PURSUANT TO THE MUNICIPAL CODE BASED ON CHANGES IN CONSTRUCTION COSTS AND LAND COSTS," was adopted. COTS GRANT FUNDS 1-P: Appropriation of grant funds from California Office of Traffic Safety -recommendation to authorize the City Manager to accept $59,500 from the California Office of Traffic safety in support of the DUI Enforcement and Awareness Program, and approve the proposed budgetary changes, was approved. RECYCLING AND 1-Q: Review and analysis related to recycling and disposal services DISPOSAL SERVICES -recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8524 (CCS) with Gershman, Brickner and Bratton, in the amount of $50,000, to provide additional review and analysis services, was approved. BIODIESEL FUEL 1-R: Purchase of Biodiesel Fuel -recommendation to award Bid No. 2922 to General Petroleum, in the amount of $3,437,500 annually, to supply and deliver biodiesel fuel blends, was presented. Councilmember Genser advised he removed this item from the Consent Calendar to ask questions regarding the footprint of the award and to confirm that this was a temporary purchase. Staff answered questions from Councilmembers. Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve recommendation fora 6-month period without renewal options. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz RECESS OF COUNCIL On order of the Mayor Pro Tem, the City Council meeting was recessed MEETING to a joint meeting with the Redevelopment Agency at 5:56 p.m., with Councilmember Shriver and Mayor Katz absent. 4 July 23, 2008 PARHING STRUCTURE 1-S: Parking Structure Nos. 1-6 Fagade Improvements - NOS. 1-6 FACADE recommendation that City Council authorize the City Manager to IMPROVEMENTS negotiate and execute Contract No. 8961 (CCS) with AWI Builders, Inc., in the amount of $3,291,911 for fagade improvements. Recommendation that the City Council and the Redevelopment Agency respectively authorize the City Manager and the Executive Director to execute Cooperation Agreement No. 8962 (CCS/RAS) with the City for costs associated with the project; and adopt respective Resolution Nos 10331 (CCS) and 551 (RAS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CONSENTING TO THE USE OF REDEVELOP- MENT AGENCY FUNDS FOR THE PROJECT AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 3345," was presented. There was no one present for public comment. Motion by Councilmember O'Connor. seconded by Councilmember Genser, to authorize the City Manager to negotiate and execute contract. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz Motion by Council/Aeency Member O'Connor, seconded by Council/Agency Member Genser, to respectively authorize the City Manager and the Executive Director to execute Cooperation Agreement No. 8962 (CCS/RAS) with the City for costs associated with the project; and adopt respective resolutions, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Agency/Councilmembers Holbrook, Genser, O'Connor, McKeown, Chair/Mayor Pro Tem Bloom NOES: None ABSENT: Agency/Councilmember Shriver, Chair/Mayor Katz RECESS OF SPECIAL On order of the Mayor Pro Tem, the special joint meeting with the JOINT MEETING Redevelopment Agency was recessed at 5:58 p.m., to a special joint meeting with the Parking Authority, with Councilmember Shriver and Mayor Katz absent. July 23, 2008 BUDGET AMENDMENT 1-T: Amendment to the FY 2008-09 Budget and addition of a AND ADDITION OF Transportation Demand Program Manager and a Principal TWO POSITIONS Transportation Planner and appropriation -recommendation that the City Council and the Parking Authority approve the proposed changes to the adopted budget; and that Council adopt Resolution No. 10332 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR TWO NEW POSITIONS," and approve proposed appropriation of funds, was presented. There was no one present for public comment. Motion by Council/Authority Member O'Connor, seconded by Council/Authority Member McKeown, to approve the changes to the adopted budget. The motion was approved by the following vote: AYES: Council/Authority Members Holbrook, Genser, O'Connor, McKeown, Chair/Mayor Pro Tem Bloom NOES: None ABSENT: Council/Authority Member Shriver, Chair/Mayor Katz Motion by Councilmember McKeown, 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: t AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz ADJOURNMENT OF On order of the Mayor Pro Tem, the Special Joint meeting with the SPECIAL JOINT MTG. Parking Authority was adjourned at 6:00 p.m., and the City Council reconvened with Councilmember Shriver and Mayor Katz absent. Members of the public Pro Se and Brian Hutchings commented on the listed closed sessions. On order of the Mayor Pro Tem, the City Council recessed at 6:05 p.m., to consider closed sessions and reconvened at 7:00 p.m., with Mayor Katz absent, to report the following: CLOSED SESSIONS: 2-A: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. July 23, 2008 Councilmember Shriven ACTION: Not Heard. arrived at 6:15 p. m. 2-B: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): 2300 Wilshire. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08. ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CVOS-02695 CW(Ex). ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel -Existing Litigation: Smilev v. City of Santa Monica, Case No. BC394492. ACTION: Heard. No reportable action taken. STUDY SESSION: 3-A: Presentation of Shared Use opportunities between the Civic Auditorium and Santa Monica High School Campuses, review of the Councilmember Shriven High School site studies and report on redevelopment funding was excused at 8:15 p.m. eligibility of joint use community facilities on the High School campus, was presented. The following members of the public commented on the various points made during the presentation and the mutual benefits proposed: Hugo Pedroza, Elizabeth Stearns, Maryanne LaGuardia, Laurie Snyder, Laurie Lieberman, Carey Upton, Judith Meister, Alison Kendall, Michael Hill, Chris Hazding, Jerry Rubin, Betsy Hiteshew, and Virginia Hyatt. Discussion ensued on the presentation and the public comment received. After considerable discussion, on order of the Mayor Pro Tem, the information was received and filed. 7 July 23, 2008 ORDINANCES: 7-A: Introduction and first reading of an ordinance amending SIGN ORDINANCE Municipal Code Sections 9.52.020, 9.52.030, 9.52.120, 9.52.130, 9.52.140, and 9.52.150 and adding Municipal Code Sections 9.52.125, and 9.52.135 relating to signs and deleting Section 4.08.700 requiring attribution on handbills to conform the Code to the requirements of current case law, to address temporary signage, and to clarify existing law; discussion of City sign policy and possible additional Sign Code modifications, was presented. There was no one present for public comment. Motion by Councilmember Genser, seconded by Councilmember McKeown, to direct staff to return with information and potential amendments to the ordinance that will allow for exceptions for non- commercial signs; to not include signs which are inconsistent with the general provisions of the code; to look at and comment as appropriate on a provision for business directional signs based on linear frontage of building; to clarify that the ordinance does not allow any signs on public right-of--way other than those authorized in the ordinance; and to analyze and consider different dimension for signs inside of windows that may have a larger dimension of three feet. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Katz absent. Motion by Councilmember McKeown, seconded by Councilmember Genser, to introduce the ordinance, amended to include only the section repealing Section 4.08.700 that pertains to handbills . The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz CAMPAIGN 7-B: Introduction and first reading of an ordinance modifying CONTRIBUTIONS Municipal Code provisions regulating campaign contributions and suggestions regarding possible future modifications, was introduced. Members of the public Joey Fullmer and Brian Hutchings commented on the proposed change. Motion by Councilmember McKeown, to introduce the ordinance amended to prohibit corporate donations to candidates in Santa Monica municipal elections. The motion died for lack of a second. July 23, 2008 Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to introduce the ordinance as submitted. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz LIBRARY GENERAL 7-C: Introduction and adoption of Ordinance No. 2267 (CCS) OBLIGATION BONDS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SETTING THE 2008/09 TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS," was presented. There was no one present for public comment. Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz SOLICITATION FROM 7-D: Introduction and first reading of an ordinance prohibiting PUBLIC CHAIR AND soliciting from public chairs and benches on the Third Street BENCHES Promenade, was presented. Members of the public Kathleen Rawson and Jerry Rubin commented on the possible effects of the ordinance. Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce the ordinance for first reading amended to include the Promenade, Santa Monica and Broadway transit malls from 2nd to 4"' Streets, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz 9 July 23, 2008 HEDGES, FENCES, 7-E: Introduction and adoption of Ordinance No. 2268 (CCS) WALLS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CURRENT FENCE, WALL, AND HEDGE INTERIM ORDINANCE TO MODIFY THE REVIEW PROCESS FOR PENDING FENCE, WALL, AND HEDGE OBJECTION APPEALS BY ASSIGNING THESE APPEALS TO AN INDEPENDENT HEARING EXAMINER INSTEAD OF THE PLANNING COMMISSION, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented. The following members of the public commented on various aspects of the proposed ordinance: Baldev Devgan, Mange Devgan, Brian Hutchings, Virginia Kohfeld, James Kohfeld, Carol Mary Lawsen, L. Shahrany, Linda Velonis, Monika Bialas, Kathie Santore, Bahman Kian, Leah Mendelsohn, and Stephanie Barbanell. On order of the Mayor Pro Tem, the public hearing was closed, and deliberations were continued to Thursday, July 24`h. STAFF ITEMS: On order of the Mayor Pro Tem, the regular City Council meeting was recessed to a joint meeting with the Redevelopment Agency at 10:35 p.m., with Councilmember Shriver and Mayor Katz absent. HIGH PLACE EAST 8-A: High Place East Affordable Homeownership Demonstration AFFORDABLE HOME Project -recommendation that the City Council and the Redevelopment OWNERSHIP PROJECT Agency approve the proposed project parameters on a one-time basis for 1943-59 High Place including subordination of the affordability restrictions in the land-use deed restriction to bank loans if required by lenders; a resale price based upon the Area Median Income index; indemnification by City of the project sponsor from potential risk with respect to challenges of the facial validity of the City's resale price and income eligibility restrictions; Homebuyer Selection Policies; and, a loan amount for the homeownership project that conforms to the Housing Trust Fund Guidelines limit for affordable rental housing projects, was presented. There was no one present for public comment. Motion by Agency/Councilmember Genser, seconded by Agency/ Councilmember McKeown, to approve staff recommendation. The motion was approved by the following vote: 10 July 23, 2008 AYES: Agency/Councilmembers McKeown, O'Connor, Genser, Holbrook, Chair Pro Tem/Mayor Pro Tem Bloom NOES: None ABSENT: Agency/Councilmember Shriver, Chair/Mayor Katz ADJOURNMENT OF On order of the Mayor, the Special Joint Meeting was adjourned at 10:50 SPECIAL JOINT p.m., and the regular City Council meeting was reconvened, with MEETING Councilmember Shriver and Mayor Katz absent. WESTERN REGIONAL 8-B: Recommendation that Council designate a Councilmember to HOUSING SUMMIT represent the City at the Western Regional Housing Summit on August 25-26, 2008, was presented. There was no one present for public comment. Motion by Councilmember O'Connor, seconded by Councilmember Genser, to designate Mayor Pro Tem Bloom as the City's representative. The motion was unanimously approved by voice vote, with Councilmember Shriver and Mayor Katz absent. UUT BALLOT MEASURE 8-C: Resolution placing a measure on the November 2008 ballot to maintain and update the Utility Users Tax on telecommunications, continuing unchanged the existing tax rate -recommendation to adopt Resolution No. 10333 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE PROPOSING TO AMEND THE MUNICIPAL CODE SECTION RELATING TO THE UTILITIES TAX AND AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE," was presented. There was no one present for public comment. Motion by Councilmember Holbrook. seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof; and to designate Councilmembers Holbrook and O' Connor to prepare an azgument in favor of the measure. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz 11 July 23, 2008 PUBLIC HEARINGS: 9-A: Stormwater Parcel Report and Management User Fee for FY STORMWATER 2008-09 -recommendation to hold a public hearing and approve the PARCEL REPORT Stormwater Parcel Reports pursuant to the California Health and Safety Code, was presented. There was no one present for public comment. Motion by Councilmember Holbrook, seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz CONGESTION MGMT. 9-B: Congestion Management Program -recommendation to hold a PROGRAM public hearing and adopt Resolution No. 10334 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PLAN (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE," was presented. There was no one present for public comment Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Holbrook, Mayor Pro Tem Bloom NOES: None ABSENT: Councilmember Shriver, Mayor Katz WRITTEN REQUESTS: 12-A: Request from Treesavers Group that Council begin a process URBAN FORESTRY to establish a City of Santa Monica Urban Forestry Commission, was COMMISSION presented by Jerry Rubin. Member of the public Pro Se spoke in opposition to the request. 12 July 23, 2008 Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to direct staff to return with a process for examining the issue so Council may decide to either creation a body to deal with the subject matter, or assign it to an existing part of the city's structure. The motion was approved by voice vote, with Councilmember Holbrook voting in opposition, and Councilmember Shriver and Mayor Katz absent. RECESS TO THURSDAY, On order of the Mayor Pro Tem, the City Council meeting was recessed JULY 24, 2008 at 11:10 p.m., and reconvened on Thursday, at 5:32 p.m., with all members present. WASTE & RECYCLING On order of the Mayor, the two continued Consent Items were presented. BINS -CONTINUED Member of the public Gene Burke spoke in opposition to Item 1-E. At the request of Councilmember Genser, Item 1-E was removed from the Consent Calendar. 1-C: Recommendation to award Bid No. 2941 to U.S. Transportation to provide waste and recycling bins in an amount of $1,000,000, was presented. Motion by Mayor Pro Tem Bloom, seconded b~Mayor Kati to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None FLUORIDATION 1-E: Acceptance of fluoridation grant funds -recommendation to GRAND FUNDS adopt Resolution No. 10335 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENTS ACCEPTING FUNDING FROM THE LOS ANGELES COUNTY CHILDREN & FAMILIES FIRST -PROPOSITION 10 COMMISSION, TO IMPLEMENT THE ORAL HEALTH COMMUNITY DEVELOPMENT PROJECT"; and establish a revenue budget in the amount of $1,000,000, was presented. Councilmember Genser advised he removed this item from the Consent Calendar because although he believes fluoridation is safe and appropriate for people to ingest voluntarily, he believes it is inappropriate for the City to put things in the water unless they are absolutely necessary to deliver a safe supply of water. 13 July 23, 2008 Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Bloom, too approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Shriver, O'Connor, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember Genser, Councilmember McKeown ABSENT: None IIEDGES, FENCES, 7-E: Introduction and adoption of Ordinance No. 2268 (CCS) WALLS -CONTINUED entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CURRENT FENCE, WALL, AND HEDGE INTERIM ORDINANCE TO MODIFY THE REVIEW PROCESS FOR PENDING FENCE, WALL, AND HEDGE OBJECTION APPEALS BY ASSIGNING THESE APPEALS TO AN INDEPENDENT HEARING EXAMINER INSTEAD OF THE PLANNING COMMISSION, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented. Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: Councilmember Holbrook ABSENT: None Motion by Councilmember McKeown, seconded by Mayor Katz, to direct staff to set September as the date to adopt a permanent ordinance. Motion to amend by Councilmember Genser, to direct staff to place this matter on the Planning Commission's agenda at the earliest opportunity, to notice the Planning Commission that this will be the Commission's single opportunity to give public comment on the ordinance as a body and that any non-action will be deemed as waiver of their public comment, and return to Council as soon as September, or as soon as possible thereafter, to adopt a permanent ordinance. The motion was accepted as friendly by the maker and seconder. The motion, as amended was approved by the following vote: 14 July 23, 2008 AYES: Councilmembers Holbrook, Shriver, Genser, O'Connor, McKeown, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned on Thursday, July 24, at 6:09 p.m. ATTEST: APPROVED: Maria M. Stew c d Bloom City Clerk Mayor Pro Tem 15 July 23, 2008