CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 26, 1997
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor O'Connor at 6:45 p.m., on Tuesday,
August 26, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Greenberg led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Discussion ensued as to whether there would be sufficient time
to hear all items on the agenda considering that items 7-A and
8-A were lengthy matters. It was the consensus of Council to
proceed as follows:
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to combine Item Nos. 13-A, 13-B, and 14-B and hear
any speakers who wish to speak this evening with Council
discussion to be held at the meeting of September 9, 1997. The
motion was unanimously approved by voice vote.
6. CONSENT CALENDAR: The Consent Calendar was presented,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion.
Members of the public Joey Fullmer and Brian Hutchings
addressed items on the Consent Calendar.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem
Holbrook, to approve the Consent Calendar, reading resolutions
and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Ebner (abstaining on the minutes
of July 22, 1997, due to her absence from the
meeting), Rosenstein, Greenberg, Genser,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
NOTE: Councilmember Ebner abstained from a vote on the
minutes of July 22, 1997, due to her absence
from that meeting.
6-A: MINUTES APPROVAL: The City Council minutes of the
meetings of July 1, and July 22, 1997, were approved as
submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9190(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
adopted. (END OF CONSENT CALENDAR.)
The Mayor announced that items 7-A and 8-A, which were
continued from August 12, 1997, and for which a public hearing
was held and closed, would again be heard concurrently and
continue with the rebuttal of applicants and appellants.
7-A: AMENDMENT OF GENERAL PLAN LAND USE MAP/ APPEALS 97-007,
97-008, AND 97-009: Staff reports having been given and public
input received at the meeting of August 12, 1997, Council
discussion ensued regarding the staff recommendation to approve
a resolution amending the General Plan Land Use Map to change
the land use designation for a portion of the site located at
2415 Main Street, commonly known as the Edgemar Project, from
Medium Density Residential to Service and Specialty Commercial;
introduce and conduct the first reading of an ordinance
amending the Official Districting Map to rezone a portion of
the site from OP-2, Low Density Multi-Family Residential, to
CM2, Main Street Commercial; deny Appeals 97-007, 97-008, and
97-009 of Planning Commission approval of Development Review
Permit 96-001 amending the existing development review permit
conditions of approval and permitted uses for the project;
Planning Commission approval of Conditional Use Permit 97-004
to permit a live performance theater with 164 seats; Planning
Commission approval of Variance 96-001 permitting valet tandem
parking for the required parking; Planning Commission approval
of Conditional Use Permit 96-011 to permit the restaurant
seating to increase from 75 seats to 101 seats with outdoor
patio seating.
Applicants: Ken Kutcher of Lawrence and Harding representing
Edgemar; Ken Kutcher of Lawrence and Harding representing
Loretta Theater.
Appellants: Ken Kutcher of Lawrence and Harding representing
Edgemar; Lou Ann Neill representing Ocean Park Community
Advocates; Hans Rockenwagner.
8-A: ORDINANCE/MODIFICATION OF CM MAIN STREET COMMERCIAL
DISTRICT PERMITTED USES/DEVELOPMENT STANDARDS/SPECIAL PROJECT
DESIGN/DEVELOPMENT STANDARDS: Staff reports having been given
and public input received at the meeting of August 12, 1997,
Council discussion ensued regarding the staff recommendation to
introduce and conduct the first reading of an ordinance
amending subsection 9.04.08.28 of the municipal code to modify
the CM Main Street Commercial District Permitted Uses,
Development Standards, and Special Project design and
Development Standards.
Chris Harding, representing the applicant/appellant Edgemar
Development, presented a rebuttal addressing the Specialized
Development and Use Regulations and the change of use issue and
requesting that certain actions be taken.
Corbett Barklie, representing applicant Loretta Theater, and
Hank Koning, architect for the project, presented a rebuttal
addressing concerns expressed during public testimony.
Mario Fonda-Barnardi, representing appellant Ocean Park
Community Advocates, presented a rebuttal addressing issues of
the appeal.
Discussion ensued among Councilmembers regarding the number of
representatives of each appellant and applicant to whom Council
would ask questions or from whom Council would hear testimony.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to allow Council the opportunity to ask questions of
any of the three signers of the contract with the neighbors
after presentation of the rebuttal by the representative of
appellant Hans Rockenwagner. The motion was approved by voice
vote, Councilmembers Ebner and Greenberg, and Mayor Pro Tem
Holbrook opposed.
Sherman Stacy, representing appellant Hans Rockenwagner and
Rockenwagner Restaurants, presented a rebuttal addressing
concerns expressed during public testimony.
Councilmember Rosenstein requested that his vote on the above
motion be changed from "aye" to "no" resulting in a failure of
the motion to pass on voice vote.
On order of the Mayor, the City Council recessed at 9:05 p.m.,
and reconvened at 9:15 p.m., with all members present.
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to approve the staff recommendation to adopt
resolution, reading by title only and waiving further reading
thereof, to amend the General Plan Land Use Map to change the
Land Use Designation for the portion of the property currently
classified from medium density residential to service and
specialty commercial.
Substitute motion by Councilmember Genser, seconded by
Councilmember Feinstein, to continue to another meeting the
issue of Conditional Use Permits The motion failed by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Mayor O'Connor
Noes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Absent: None
Motion by Councilmember Genser, accepted as friendly, to amend
the main motion to amend Condition No. 59 (page 53) to read:
"...The plan, including mitigation measures for sound
attenuation, shall be subject to review and approval by the
Director of Planning and Community Development, and/or his/her
designee, and, after approval, shall be implemented prior to
the issuance of the Certificate of Occupancy."
Motion by Councilmember Rosenstein to allow outdoor seating at
the restaurant on both sides of the doors, with additional
square footage being subject to the provision of appropriate
parking for the increased area, and allow the utilization of a
see-through windbreaker. Councilmember Ebner accepted as
friendly the portion of the amendment relating to seating,
provided that exits, doors, and ramps are unimpeded, thereby
including such stipulation in the main motion; the stipulation
regarding the windbreaker was not accepted as friendly.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to amend Condition No. 33 (page 70) to include
language reading: "...The odor filtering system shall be
required to be installed, maintained, and operated in
conjunction with restaurant operation."
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to amend Condition No. 34 (page 70) to include
language reading: "...Trash shall only be transferred from the
restaurant to the exterior dumpsters between 9:00 a.m. and 9:00
p.m., subject to Health Department regulations ..."
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to amend Condition No. 35 (page 50) to allow one
hundred percent (100%) of the living quarters for each artist
studio to be residential.
Motion by Councilmember Genser, to amend the motion to
stipulate in Condition Nos. 44 and 45 (page 61) that the
loading dock can only be used for the loading of materials in
to and out of the building and cannot be used during nighttime
hours. Councilmember Ebner accepted as friendly the
stipulation relating to the use of the loading dock; however,
did not accept the portion of the amendment relating to
nighttime use, which subsequently died for lack of a second.
Motion by Councilmember Feinstein, accepted as friendly, to
include a condition that Loretta Theater provide information
with the distribution of tickets relating to public
transportation.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to continue the meeting past 11:00 p.m. The motion was
approved by voice vote, Councilmember Rosenstein and Mayor Pro
Tem Holbrook opposed.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to add a condition to the DR 96-001 permit
conditions to stipulate that prior to the issuance of any
building permits or any construction activity at the site, a
sound mitigation plan, including mitigation measures for sound
attenuation, shall be submitted for review and approval by the
Director of Planning and Community Development, and/or his/her
designee, prior to final permit sign-off.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to amend the motion to modify the Text Amendment to
change the 75-seat cap for restaurants to a 101-seat cap per
restaurant. The motion failed by the following vote:
Ayes: Councilmembers Feinstein, Genser, Mayor O'Connor
Abstain: Councilmember Rosenstein, Mayor Pro Tem Holbrook
Noes: Councilmembers Greenberg, Ebner
Absent: None
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to agendize for a future meeting the issue of
increasing the cap of restaurant seating on the east side of
Main Street between Ocean Boulevard and Pico. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem
Holbrook,
Mayor O'Connor
Abstain: Councilmember Rosenstein
Noes: Councilmembers Greenberg, Ebner
Absent: None
Motion by Councilmember Feinstein, died for lack of a second,
to amend the motion to include a provision that the sound
attenuation plan shall be appealable to the City Council.
There being no more motions to amend main motion, on order of
the Mayor, a roll call vote was requested. The main motion is
as follows:
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to approve the staff recommendation to adopt
Resolution No. 9191(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE GENERAL PLAN
LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR THE PORTION
OF THE PROPERTY CURRENTLY CLASSIFIED FROM MEDIUM DENSITY
RESIDENTIAL TO SERVICE AND SPECIALTY COMMERCIAL," reading by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Councilmember Feinstein requested that the record reflect that
he is in support of the theater; however, he is opposed to the
zone change and the use change in the manner in which it is
being approached.
Councilmember Genser requested that the record reflect that his
vote is not against the theater nor the changes to the
restaurant, because he feels that both could work well for the
community; however, he believes that the zone change sets a
dangerous precedent and opens the door for a lack of protection
for residents adjacent to commercial areas citywide.
Mayor O'Connor requested that the record reflect that her "no"
vote reflects the same issues.
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to introduce for first reading an ordinance amending
the Official Districting Map to change the portion of the
property currently zoned OP-2, Low Density Family Residential,
to CM-2, Main Street Commercial, reading by title only and
waiving further reading thereof. The motion was approved by
the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Councilmembers Feinstein and Genser requested that the record
reflect that their reasons for voting against the above motion
are the same as their reasons for voting against the previous
motion.
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to deny Appeal 97-007 (Lawrence & Harding for Edgemar).
The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to deny Appeal 97-008 (Ocean Park Community Advocates).
The motion was approved by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to deny Appeal 97-009 (Hans Rockenwagner), subject to
the findings and amended conditions of approval enacted by the
City Council. The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to uphold Planning Commission approval of Development
Permit 96-001 with conditions of approval as amended by the
City Council. The motion was approved by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: Councilmembers Feinstein, Genser
Absent: None
Councilmember Feinstein requested that the record reflect that
he voted in opposition to this motion for the same reasons as
indicated previously, that it enables the kind of zone change
with which he does not agree.
Councilmember Genser and Mayor O'Connor requested that the
record reflect that their concerns with this motion are similar
to those indicated in the previous two oppositions.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem
Holbrook, to uphold Planning Commission approval of Conditional
Use Permit 97-004 with findings and conditions. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Greenberg, Rosenstein,
Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: Councilmember Genser
Absent: None
Councilmember Genser requested that the record reflect that he
voted against this motion because although he does support the
theater, he believes that the manner in which it was approved
inappropriately opens the door for future inappropriate land
use at this site.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Greenberg, to uphold Planning Commission approval of Variance
96-001 with findings and conditions. The motion was approved
by the following vote:
Ayes: Councilmembers Feinstein, Greenberg, Rosenstein,
Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmember Genser, Mayor O'Connor
Absent: None
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to uphold Planning Commission approval of
Conditional Use Permit 96-011 with findings and conditions.
The motion was approved by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Councilmember Feinstein requested that the record reflect that
he voted in opposition to this motion not because he is opposed
to outdoor seating and clarified that he is in favor of outdoor
seating; however, he was not in favor of outdoor seating in
both areas and is not in favor of the manner in which the zone
change was brought about to allow this to happen.
Councilmember Genser requested that the record reflect that he
voted against this motion, even though he does support the
outdoor seating, because he believes the manner in which this
was done opens the door for future inappropriate land use on
this site.
Mayor O'Connor requested that the record reflect that she voted
in opposition to this motion for the reasons mentioned by
Councilmembers Feinstein and Genser.
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE
MUNICIPAL CODE PART 9.04.08.28 REGARDING AUTHORIZED USES AND
PROPERTY DEVELOPMENT STANDARDS IN THE CM MAIN STREET COMMERCIAL
DISTRICT," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Mayor Pro Tem Holbrook
Noes: Councilmembers Genser, Feinstein, Mayor O'Connor
Absent: None
Councilmember Feinstein requested that the record reflect that
he voted in opposition to this motion for the same reasons as
noted before.
As indicated at the beginning of the meeting, the following
motion was made relative to 13-A, 13-B and 14-B:
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to combine Item Nos. 13-A, 13-B, and 14-B and hear
any speakers who wish to speak this evening with Council
discussion to be held at the meeting of September 9, 1997. The
motion was unanimously approved by voice vote.
13-A: KATHLEEN MASSER/PEDESTRIAN AND MOTORIST SAFETY/PARKING/
COMMERCIAL TRAFFIC/PACIFIC STREET AND NEILSON WAY: The request
of Kathleen Masser, representing herself and other residents,
to address Council regarding pedestrian and motorist safety,
parking, and commercial traffic in the neighborhood of Pacific
Street and Neilson Way, was continued to the meeting of
September 9, 1997.
13-B: LYNNE BRONSTEIN/TRAFFIC/BAY AND NIELSEN/BAY AND MAIN: The
request of Lynne Bronstein, on behalf of herself and other
residents, to address Council regarding the traffic situation
at the intersections of Bay and Nielsen and of Bay and Main
Street, was continued to the meeting of September 9, 1997.
Councilmember Greenberg, Councilmember Rosenstein, and Mayor
Pro Tem Holbrook excused themselves from the meeting at 11:39
p.m.
13-C: MADELYNN KOPPLE/PROTEST TERMINATION/PERSONNEL BOARD
MEMBER MELANIE NEWKIRK: Presented was the request of Madelynn
Kopple to protest termination of Personnel Board Member Melanie
Newkirk by the City Attorney just prior to the conclusion of
the ten-month long termination appeal in the matter of Joseph
Casillas, Jr., and to request City Council to overrule the
decision.
Ms. Madelynn Kopple presented her request, as indicated above.
Member of the public Joseph Casillas addressed the
circumstances of his termination of employment with the City of
Santa Monica and requested the City Council to overrule the
decision by the City Attorney to terminate Personnel Board
Member Melanie Newkirk.
There was no formal action taken on this matter.
Councilmember Ebner excused herself from the meeting at 11:50
p.m. The Mayor announced there existed a lack of quorum and
necessitating adjournment of the meeting.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Appointments to
boards and commissions for terms expiring June 30, 1997, were
continued to the meeting of September 9, 1997.
14-B: IMPROVEMENT OF TRAFFIC SAFETY: The request of
Councilmember Rosenstein to request staff to return to Council
with a plan to improve traffic safety in Santa Monica through a
combination of public education and enforcement was continued
to the meeting of
September 9, 1997.
15: PUBLIC INPUT: Public Input, restricted to the speakers
registered to speak this evening, was continued to the meeting
of August 27, 1997.
16: CLOSED SESSIONS:
The following items under closed session were continued to the
meeting of August 27, 1997.
16-A: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Doreena's v. City of Santa Monica,
Case No. SS 006976.
16-B: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: City of Santa Monica v. Doreena's,
Case No. LAMC 95 U031.
16-C: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Ring Trading Corp. v. City of Santa
Monica, Case No. BC172044.
16-D: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Len Doucette, et al., v. City of
Santa Monica, et al., Case No. CV 95-1136 WDK
(Mcx).
16-E: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Miriam Zhito v. City of Santa
Monica, Case No. SC045124.
16-F: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Cindy Luff v. City of Santa Monica,
Case No. SC041742.
16-G: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Wil-Fourth Partnership v. City
Council of the City of Santa Monica, Case No. BS
045 458.
16-H: CONFERENCE WITH LEGAL COUNSEL: Existing
Litigation: Charmont Partners, Ltd. v. City
Council of the City of Santa Monica,
Case No. SS 007 397.
16-I: CONFERENCE WITH LEGAL COUNSEL: Anticipated
Litigation: Two cases.
ADJOURNMENT: At 11:50 p.m., the meeting was adjourned to
August 27, 1997, at 6:30 p.m., in memory of Blondell Anderson.
ATTEST: APPROVED:
Maria M. Stewart Pamela O'Connor
City Clerk Mayor