CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 22, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:02 p.m., on Tuesday, April 22, 2003, at City Council Chambers, 1685 Main Street.

Roll Call:                        Present:                   Mayor Richard Bloom
                                                                     Mayor Pro Tem Kevin McKeown
                                                                     Councilmember Michael Feinstein (arrived at 7:10 p.m.)
                                                                     Councilmember Ken Genser
                                                                     Councilmember Herb Katz (arrived at 6:05 p.m.)
                                                                     Councilmember Pam O'Connor

                                     Absent:                    Councilmember Robert T. Holbrook

                                    Also Present:            City Manager Susan McCarthy
                                                                    City Attorney Marsha Jones Moutrie
                                                                    City Clerk Maria M. Stewart

CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 6:02 p.m., with Councilmembers Feinstein, Katz and Holbrook absent. Member of the public Monica Marie Garret led the assemblage in the Pledge of Allegiance.

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

There was no one present for public comment.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Genser, Mayor Pro Tem McKeown, Mayor Bloom 
NOES: None
ABSENT: Councilmembers Holbrook, Katz, Feinstein

1719 OCEAN FRONT WALK
1-B: Recommendation to approve Statement of Official Action taken on project located at 1719 Ocean Front Walk, was approved.

CAROUSEL EVENTS
1-C: Promotion and booking of special events and the Santa Monica Pier Carousel - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8202 (CCS), with Kids Play, to promote, book and monitor special events and filming at the Pier, was approved.

CAROUSEL - OPERATION
1-D: Operation and maintenance of the Santa Monica Pier Carousel - recommendation to authorize the City Manager to negotiate and execute two-year Agreement No. 8203 (CCS) with Roth Management Company to operate and maintain the Santa Monica Pier Carousel, was approved.

CLOSED SESSIONS:

Councilmember Katz arrived at 6:05 p.m.

On order of the Mayor, the City Council recessed at 6:05 p.m., to hear closed sessions and reconvened at 7:02 p.m., with Councilmembers Holbrook and Feinstein absent.

2-A: Public Employee Evaluations.
        Title of Employees: City Manager; City Attorney; City Clerk

ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., 
        Case No. 01CC4331.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel - Existing Litigation: 2000 Main Street, LLC v. City of Santa Monica, 
        Case No. SC 067 899.

ACTION: Not Heard.

2-D: Conference with Legal Counsel - Existing Litigation: Santa Monica Food Not Bombs v. City of Santa
        Monica, Case No. 03-0032 JTLX.

ACTION: Heard. No reportable action taken.

2-E: Conference with Legal Counsel - Existing Litigation: Santa Monica Airport Association v. City of Santa
        Monica, Case No. SC 059 450.

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Maria Stewart, Case No. 
        SC 067 033.

ACTION: Heard. No reportable action taken.

2-G: Conference with Legal Counsel - Anticipated Litigation:
        Number of cases: Four.

ACTION: All cases heard. No reportable action taken on two cases.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve settlement for the Young claim in the amount of $17,521.95, for back-up sewer damage. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Feinstein, Holbrook

Councilmember Katz requested to be excused from the following matter due to a conflict of interest.

Councilmember Katz was excused at 7:08 p.m.

Motion by Councilmember O'Connor, seconded by Mayor Bloom, to approve settlement in the Santa Monica Volkswagen (SMVW) claim as follows: (1) SMVW will file a conditional use permit (CUP)application to authorize an auto repair facility at 2445 Santa Monica Boulevard; the CUP application will only apply to this property. (2) If the City approves the CUP with specififed conditions, SMVW must either operate the business in accordance with the CUP or close down the business and vacate the property. (3) If the City approves the CUP with conditions other than specified in the settlement agreement, SMVW may chose to operate in accordance with the CUP or allow the settlement agreement to automatically terminate. (4) If the City denies the CUP, the settlement agreement shall automatically terminate. (5) The settlement agreement will also automatically terminate if the Architectural Review Board imposes conditions that would make it infeasible to operate the auto repair facility or would cost more than $25,000, not including the costs associated with complying with the CUP conditions. (5) The City will issue its decision on the Performance Standard Permit application for the SMVW at 2440 Santa Monica location. The motion was approved by the following vote:

AYES: Councilmembers Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Feinstein, Katz, Holbrook

Councilmember Katz returned at 7:09 p.m.

Councilmember Feinstein arrived at 7:10 p.m.

SPECIAL ITEMS:
4-A: The Mayor issued a proclamation declaring April 2003 as Older American's Month in the City of Santa Monica.

ADMIN. PROCEEDINGS:

AUTO RENTAL OPERATIONS
6-A: Appeal of Planning Commission's denial to allow auto rental operations within auto repair facilities and introduction and first reading of an ordinance - recommendation to uphold the appeal in part, overturn the Planning Commission's denial of text amendments to allow accessory auto rental operations within auto repair facilities; and introduce and hold first reading of an ordinance modifying Chapter 9 of the Municipal Code to allow accessory auto rental operations in the M1 Industrial Conservation District and LMSD Light Manufacturing and Studio District with a Performance Standards Permit, and adding performance standards for auto rental operations within auto repair facilities, was presented.

Councilmember Katz requested to be excused due to a possible conflict of interest in this matter.

Councilmember Katz was excused at 7:11 p.m.

Motion by Councilmember O'Connor, seconded by Councilmember Feinstein, to continue the appeal to a future meeting for further analyzes, as recommended by staff. The motion failed by the following vote:

AYES: Councilmember Feinstein, O'Connor,
NOES: Councilmember Genser, Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: Councilmember Katz, Holbrook

Member of the public Chris Harding, representing the appellant, spoke in support of the project.

Members of the public David Ponn, representing Hornberg Jaguar, expressed various related concerns related to his facility.

Member of the public Kelly Olsen spoke in opposition of the recommendation.

Mr. Harding provided a rebuttal to comments made by the public.

Considerable discussion ensued including, but not limited to, the rental business that has been operating in the location, the traffic impacts of approving the proposed use, the current absence of standards, and impacts on parking.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to direct staff to place the five conditions recommended by staff in a different, separate section of the ordinance, not under the rental car section, and change the ordinance title accordingly. The motion was approved by the following motion:

AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Katz

Motion by Councilmember O'Connor, seconded by Councilmember Feinstein, to direct staff to research how the Municipal Code can accommodate emerging services, such as car rentals, in the car industry, and encourage the rental use of low emission and zero emission vehicles in the City. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to uphold the appeal and introduce the ordinance for first reading, as amended, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook and Katz

Councilmember Katz returned at 8:22 p.m.

ORDINANCES:

EVENTS ORDINANCE
7-A: Second reading and adoption of Ordinance No. 2073 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO PERMIT CRITERIA, PARADE ROUTES, TEMPORARY SIGNAGE, DEPARTMENTAL CHARGES, AND INDEMNIFICATION PROVISIONS, AND REPEALING CHAPTER 6.44 RELATING TO THE CULTURAL ARTS AND CRAFTS SHOWS," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, Katz, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook

STREET VENDORS/PERFORMERS
7-B: Introduction and first reading of an ordinance amending Chapter 3 and Chapter 6 of the Municipal Code relating to street performance and vending on the Third Street Promenade, the Transit Mall, and The Pier, including sections on performance staging/location, noise, penalties, exemptions from the vending ordinance, and the placement of materials on public property, was presented.

The following members of the public expressed concerns regarding various aspects of the proposed ordinance: Joey Fullmer, Marie Fink, Mike Proudlock, Linda Kutner, Tim Dillinbeck, Michael LeRoy, Miguel Hernandez, Marion Lanzafame, Ned Landin, Luke Chanthadara, Vincent Garofalo, Wen Kui Wong, Dene B, Paul Dale, Greg Waugh, John Peter, Joe natoli, Stewart Lamle, David Yuen, Reina Alvarez, and Jerry Rubin.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to introduce the ordinance, amended to delete the section related to the heartland vendors rotation exemption; changing Bayside rotation to occur on even-numbered hours; deleting the word "oppose" from Section D, on page 19 of the ordinance; increasing the rotation on the Pier to occur at 10:00, 1:00, 4:00 and 7:00; leaving the option of the lottery in the ordinance, and with direction to the PRC to use the
increased rotation first.

Motion to amend by Councilmember Genser, seconded by Councilmember O'Connor, to change the citation fee to $75 for the first offense, $125 for the second offense, and $200 for the third offense. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Genser, Katz, Mayor Bloom
NOES: Councilmembers Feinstein, Mayor Pro Tem McKeown
ABSENT: Councilmember Holbrook

Councilmember Feinstein stated, for the record, that he voted against the motion because the existence of ambient background noise at or above the 85 decibel level creates particular circumstances making it more difficult to comply.

Senior Land Use Attorney, Barry Rosenbaum, indicated the motion as stated would include the following changes: On pages 11 and 12 relative to the Promenade and the Transit Mall, to strike the second "even" after "the preceding hour." Regarding display of items on page 21, section (b) ". . . . and no more than five such items are displayed at any one time. A performer/vendor may display these items from a table or cart, the performer/vendor's instrument case or attached to an easel which is used as a part of the performance. If a performer vendor displays item from a table or cart, all the other requirements specified in section 6.116.010 shall apply." On page 16: "Except as otherwise authorized by this Code, no person on the third street promenade, transit mall or pier shall display or distribute goods or any materials, merchandise, food or any other items except from a . . ."

AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to direct staff to evaluate the safety issues of allowing additional display spaces in front of the future Bubba Gumps Restaurant, the proposed Route 66 Club and on the 20-25 foot breezeway on the side of Pacific Park, and return in time to make adjustments for the summer season. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

CHANGE OF AGENDA ORDER
At the request of the Mayor, Item 10-A was moved up, out of order.

Councilmember Feinstein was excused at 10:35 p.m.

REPORTS OF BOARDS AND COMMISSIONS:

CHANGE OF NAME
10-A: Request of the Commission on Older Americans to change the name of the Commission to "Commission for the Senior Community," was presented.

There was no one present to speak for public comment.

Motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve request. The request was unanimously approved by voice vote, with Councilmembers Holbrook and Feinstein, absent.

RECESS
On order of the Mayor, the City Council recessed at 10:36 p.m., and reconvened at 10:52 p.m., with Councilmember Holbrook absent.

STAFF ITEMS:

VENDING PROGRAM LOTTERY
8-A: Downtown Special Vending Program Lottery - recommendation to approve the proposed performance standards and license fees, and direct staff to proceed with the re-implementation of the vending cart lottery system for the five vacant Downtown Special Vending District cart locations, was presented.

Member of the public Maria Locsin spoke in approval of the project.

Motion by Mayor Pro Tem McKeown, to approve recommendation, amended to include the Pier Leasing Guidelines. The motion died for lack of a second.

Motion by Councilmember Genser, seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Feinstein
ABSENT: Councilmember Holbrook

Councilmember Feinstein stated for the record, that he voted in opposition because Council is not taking advantage of the two-year testing period to learn about what type of cart options will be viable and the manner in which food service is being treated is not as potentially inclusive as it could be for the community.

BOOTLEGGED CONTROLLED RENTAL UNITS
8-B: Proposed code amendments relating to the status of "bootlegged" controlled rental units - recommendation to direct staff to prepare Municipal Code amendments which would waive certain development standards for bootlegged units, was presented.

Member of the public Rosario Perry spoke generally in support of the recommendation and expressed some concerns.

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember Holbrook

JOINT MEETING WITH REDEVELOPMENT AGENCY:

Councilmember Katz was excused at 11:25 p.m.

On order of the Mayor, the City Council recessed and reconvened to a joint meeting with the Redevelopment Agency at 11:25 p.m., with Councilmember Holbrook absent.

MADISON THEATER
8-C: Madison Theater Project - analysis of alternative parking scenarios - recommendation that City Council and the Redevelopment Agency provide direction to staff regarding discussions with the School District and the College, to add alternative(s) for analysis in the Project's EIR; if additional analysis is desired, authorize the City Manager to negotiate and execute Agreement No. 8204 (CCS) with the College in the amount of $20,000 for analysis of additional parking scenarios; and, approve the proposed budget changes, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSTAIN: Councilmember O'Connor
ABSENT: Councilmembers Holbrook, Katz

Motion by Mayor Bloom, seconded by Councilmember Genser, to direct staff to ask the College for information on the financing for the project, how the on-going finance stream is going to work, the impacts the financing will have, projected cost of traffic and other mitigation and what options there are to determine whose obligation it is. The motion was approved by voice vote, with Councilmember O'Connor voting in opposition, and Councilmembers Katz and Holbrook absent.

ADJOURNMENT
On order of the Mayor, the Special Joint Meeting was adjourned and the regular City Council meeting was reconvened at 11:36 p.m., with Councilmembers Holbrook and Katz absent.

PUBLIC HEARINGS:

ADELPHIA CABLE
9-A: Public Hearing and Resolution No. 9846 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A RATE ORDER REGARDING THE BASIC CABLE TELEVISION SERVICE TIER AND THE EQUIPMENT AND INSTALLATION RATES FOR CENTURY-TCI CALIFORNIA, L.P. DBA ADELPHIA COMMUNICATIONS CORPORATION, was presented.

There was no one to speak at the public hearing.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers Katz, Holbrook

COUNCIL ITEMS:

COMMISSION ON OLDER AMERICANS
13-A: Appointment to one special vacancy on the Commission on Older Americans for a term ending 
         June 30, 2003.

13-B: Appointment to one annual vacancy on the Commission on Older Americans for a term ending 
         June 30, 2006, due to a previous appointee's withdrawal from the position.

On order of the Mayor, Items 13-A and 13-B to be continued to May 13, 2003.

HENNA TATTOOS
13-C: Request of Councilmember Feinstein to consider Henna Tattoos as a permitted performance under the
City's Street Performance Ordinance, was presented.

Members of the public Linda Kutner, Luke Chanthedora, Ned Landin, Stewart Lamle and Jerry Rubin spoke in support of the request.

On order of the Mayor, the information was received and filed. No formal action was taken.

PREFERENTIAL PARKING
13-D: Request of Mayor Bloom to discuss the option of directing staff to return with information on possible modification of the preferential parking ordinance(s) to create full or partial exemptions, or provide a certain number of permits, for designated non-residential historic landmarks located in residential zones, was presented.

Members of the public Gideon Brower, Sonja Bragga, and Rob Rader spoke in support of resident parking in their neighborhood.

Motion by Mayor Bloom, seconded by Councilmember O'Connor, to approve request, amended to remove the word "non-residential" and directing staff to return with information or with an ordinance, as appropriate. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

SB 981
13-E: Request of Councilmember Feinstein that Council support SB 981 (Soot) which would enact the Children's Health and Petroleum Pollution Remediation Act of 2003 and require refinery operators to pay a fee per barrel of California-refined crude oil to fund mitigation programs addressing adverse health impacts, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

EIR's FOR ENERGY PRODUCTION PROJECTS
13-F: Request of Councilmember Feinstein to direct staff to investigate participation with other California cities to require the completion of Environmental Impact Reports for energy production projects in foreign countries which are funded by the United States government, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent.

PUBLIC INPUT:

There was no one present for public comment.

On order of the Mayor, the City Council meeting was adjourned at 12:15 a.m., in memory of ten year-old resident Mac Flynn-Miller.

ATTEST:                                                                                                              APPROVED:
Maria M. Stewart                                                                                                  Richard Bloom
City Clerk                                                                                                             Mayor