CITY OF SANTA
MONICA
CITY
COUNCIL MINUTES
MAY 13, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 6:01 p.m., on Tuesday, May 13, 2003, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:05 p.m.)
Councilmember Herb Katz
Councilmember Pam O=Connor (arrived at 6:15 p.m.)
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 6:01 p.m., with Councilmembers Holbrook and
O=Connor absent. Craig Perkins, Director of Environmental and Public Works
Management Department, 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 Julie Bronstein, and Mark Olson, spoke in support of item 1-H. Member of the public Joey Fullmer addressed
various concerns.
Mayor Pro Tem
McKeown requested Item 1-E be removed from the Consent Calendar.
Motion by
Councilmember Feinstein, seconded by Councilmember Genser, to approve all items on the Consent
Calendar as presented except Item 1-E, reading resolutions and ordinances by
title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
MINUTES
1-A: The minutes of the March 11, March
25, April 8, and April 22, City Council meetings were approved as submitted.
FIRE STATION 2
1-B: Santa Monica Fire Station 2- Reconstruction
Project - recommendation to authorize the City Manager to negotiate and
execute an amendment to Contract No. 8031 (CCS), in the amount of $84,000, for
construction services for the project, was approved.
MEMORIAL AND LOS
AMIGOS PARK
1-C: Building replacements for Memorial Park
and Los Amigos Park B recommendation to award Contract No. 8206
(CCS) to Cohen Construction, in the amount of $1,421,750, for construction of
the building replacements at the parks, was approved.
CHRYSALIS
1-D: Storm Drain maintenance contract with
Chrysalis B recommendation to authorize the City
Manager to extend Contract No. 8029 (CCS) with Chrysalis for two years to
provide monthly services for various maintenance services, was approved.
DRY-WET RUNOFF
DIVERSION
1-F: Resolution No. 9847 entitled: AA
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A GRANT AGREEMENT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR THE MONTANA DRY-WET WEATHER RUNOFF DIVERSION PROJECT@,
was adopted.
WATER TRUCK
1-G: Purchase of Water Truck B
recommendation to award Bid No. 2847 to Carmenita Truck Center, in the amount
of $149,490.59, to furnish and deliver one water truck, was approved.
UNDERGROUND
UTILITY DISTRICT
1-H: Recommendation to approve of 5-year plan
to relocate selected electric facilities underground and setting a public
hearing on July 8, 2003, to receive public comment on establishment of the
proposed Marine Street Underground Utility District, was approved.
AB 136
1-I: Opposition to AB 136 B
recommendation that Council oppose AB 136 (Kehoe) which seeks State legislative
authority to allow increase of safety employees= leave of absence benefits on full salary,
was approved.
CONSULTING
SERVICES - PLANNING
1-E: Consulting services for automobile
dealership and land use regulations B recommendation to authorize the City
Manager to negotiate and execute an amendment to Contract No. 7949 (CCS) with
Cotton/Bridges Associates, in the amount of $32,480, for a new total amount of
$136,000, for additional consulting services, was presented.
Mayor Pro Tem
McKeown stated he removed this item from the Consent Calendar so that he could
convey his strong support for the project.
Motion by Mayor
Pro Tem McKeown, seconded by Councilmember Katz, to approve recommendation and direct staff
to conduct outreach to the public. The
motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Holbrook
CLOSED
SESSIONS:
Councilmember O=Connor
arrived at 6:15 p.m.
Councilmember
Holbrook arrived at 7:05 p.m.
On order of the
Mayor the City Council recessed to closed session at 6:15 p.m., and reconvened
at 7:00 p.m., with Councilmember Holbrook absent.
2-A: Public Employee Evaluations.
Title of
Employees: City Manager; City Attorney;
City Clerk
This matter was not
heard.
2-B: Conference with Legal Counsel B
Existing Litigation: Hamid Enayati
v. City of Santa Monica, Case No. SS 011 735.
ACTION: Heard.
No reportable action taken.
2-C: Conference with Legal Counsel B
Existing Litigation: City of Santa
Monica v. Coastal Commission, et al., Case No. SS 011 64.
ACTION: Heard.
No reportable action taken.
2-D: Conference with Legal Counsel B
Existing Litigation: 2000 Main
Street, LLC v. City of Santa Monica, Case No. SC 067 899.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co.,
Case No. 01CC4331.
ACTION: Heard.
No reportable action taken.
2-F: Conference with Legal Counsel B
Existing Litigation: John James v.
City of Santa Monica, Case No. SC 067 960.
This matter was not
heard.
2-G: Conference with Legal Counsel B
Existing Litigation: Jorge Fuguet v.
City of Santa Monica, Case No. SC 069 871.
This matter was not
heard.
2-H: Conference with Legal Counsel B
Anticipated Litigation.
Number
of cases: Two.
ACTION: One case
heard. The following action was taken:
Motion by
Councilmember Feinstein, seconded by Councilmember Katz, to approve settlement the Teague claim in
the amount of $25,000. The motion was approved by the following
vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: None
SPECIAL ITEMS:
HISTORIC
PRESERVATION MONTH
4-A: Proclamation declaring May 2003 as Historic
Preservation Month in the City of Santa Monica.
On order of the
Mayor, May 2003 was declared Historic Preservation Month in Santa Monica.
MOTHER=S
DAY
4-B: Recognition of Mother=s
Day.
In recognition of
Mother=s Day, Mayor Bloom introduced and praised
each Councilmember=s mother.
ADMIN.
PROCEEDINGS:
1540 2ND
STREET (McDONALD=S)
6-A: Approval of Mixed Use Project at 1540 2nd
Street (McDonalds) B recommendation to adopt Resolution No. 9848
(CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT,@; and Resolution No. 9849 (CCS) entitled: AA
RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE
DEVELOPMENT PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING PROGRAM.@
Introduce an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SMMC SECTIONS 9.04.08.18.040, 9.04.08.18.050 AND 9.04.14.090 RELATING
TO FAST-FOOD RESTAURANTS IN THE DOWNTOWN COMMERCIAL DISTRICT@;
and, recommendation to adopt the findings and conditions of approval for
Development Review Permit 98-012, Conditional Use Permit 98-046, and Variance 98-053
related to the project, as amended, was presented.
Tom Landau,
Margaret Taylor and Norman Kravetz, representing the appellant, spoke in
support of the appeal.
Members of the
public Joe Natoli, Mike Gruning, Ellen Brennan, Jerry Rubin and Arthur Harris
spoke in support of the project. Member
of the public Carl Kugel expressed concerns about related traffic.
Tom Landau,
Margaret Taylor and Norman Kravetz, representing the appellant, provided a
rebuttal to public comment and answered questions.
Considerable
discussion ensued regarding traffic, access, parking, pedestrian and traffic
flow in the alley, and subterranean parking.
Motion by
Councilmember Genser, seconded by Councilmember Katz, to approve staff recommendation with
condition 14, to allow possible placement of street trees, and with the last
condition that would eliminate two-way alley access adjacent to the project
site, but allow alley access; and direct ARB to pay particular attention to
visual interaction between sidewalk and eating area.
Motion to amend
by Councilmember Holbrook, seconded by Mayor Bloom, to allow two-way alley, to approve
conceptually applicant=s design for access on Colorado on the west
side of the project. The motion failed
by the following vote:
AYES: Councilmembers O=Connor,
Holbrook, Mayor Bloom
NOES: Councilmembers Genser, Katz, Feinstein,
Mayor Pro Tem McKeown
ABSENT: None
Motion by
Councilmember Feinstein, seconded by Councilmember Katz, to adopt Resolution No. 9848 (CCS)
certifying the EIR, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers O=Connor,
Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: None
Motion by
Councilmember O=Connor, seconded by Councilmember Katz, to adopt Resolution No. 9849 (CCS)
adopting statement of overriding considerations and mitigation monitoring
program, reading by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Katz, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Feinstein
ABSENT: None
Councilmember
Feinstein stated, for the record, that he voted no because he believes that the
presence of excessive and unnecessary surface parking compromises the project=s
ability to sufficiently meet existing public goals such as pedestrian
orientation, is insufficient in realizing its role as a gateway for the
intersection, and fails to address the community=s job-housing balance needs.
Motion by
Councilmember Genser, seconded by Councilmember Katz, to introduce and hold first reading of the
ordinance, reading by title only and waiving further reading thereof, amended
to add the phrase Ain the C3 District@
to the last line on page 6 of the ordinance, following the word Arestaurants;@
amended to change the first four lines on page 7 to read: A
. . . parking, is conducted within an enclosed building or enclosed patio shall
have the following hours: operations in the enclosed building may be 24 hours a
day, 7 days a week; operations in the enclosed patio shall not begin earlier
than 7:00 a.m., and shall conclude by 12:00 a.m., Monday through Friday, and by
2:00 a.m., Saturday and Sunday.@ The
motion, as amended, was approved by the following vote:
AYES: Councilmembers O=Connor,
Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: None
Motion by
Councilmember Katz, seconded by Councilmember Genser, to restate the main motion made earlier
and adopt the findings and conditions of approval of the development review
permit, the conditional use permit and the variance, amending condition 14 of
the staff report to add the word Areplaced@ after the word Arelocated@
and the last sentence to be deleted; and condition 64 was amended to delete the
sentence after the word Aaccess,@ and then add the following sentence: AThe two project driveways shall be located
on 2nd Street;@ that there shall be open visual access to
the 2nd and Colorado patio with no visual blockage higher than 36
inches or the height of the table, whichever is less, and the Council shall
direct the ARB to pay attention to making the barricade between the patio and
the sidewalk visually permeable and optimize visual access. The motion was approved by the following
vote:
AYES: Councilmembers Katz, Genser, O=Connor, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: Councilmembers Feinstein, Holbrook
ABSENT: None
Councilmember
Feinstein, stated for the record, that while he could have supported the
conditional use permit and variance, he voted no because he could not support
the findings and conditions of approval for the development review permit for
the same reasons he could not vote for the statement of overriding
considerations
Councilmember
Holbrook, stated for the record, he voted in opposition because he thinks the
project has been killed and did not want to drive the last nail in with his Ayes@
vote.
RECESS
On order of the
Mayor, the City Council recessed at 10:20 p.m., and reconvened at 10:25 p.m.,
with Councilmembers O=Connor, Katz, and Mayor Pro Tem McKeown
absent.
ORDINANCES:
AUTO RENTAL
OPERATIONS
7-A: Second reading and adoption of Ordinance
No. 2074 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA
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.
Motion by
Councilmember Feinstein, 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 Holbrook, Genser,
Feinstein, Mayor Bloom
NOES: None
ABSENT: Councilmembers
O=Connor, Katz, Mayor Pro Tem McKeown
Councilmembers O=Connor,
Katz, and Mayor Pro Tem McKeown returned at 10:30 p.m.
VENDING/STREET
PERFORMERS
7-B: Second reading and adoption of Ordinance
No. 2075 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA
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.
Motion by
Councilmember Feinstein, seconded by Councilmember Holbrook, to adopt ordinance, reading by title only
and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: None
PARKING IN
PRIVATE DRIVEWAYS
7-C: Introduction and first reading of an
ordinance amending Section 3.12.830 of the Municipal Code allowing commercial
property owners to obtain permits for parking in front of their private
driveways, was presented.
Members of the
public Karen Kermath and Eileen Hecht spoke in favor of the proposed ordinance.
Motion by
Councilmember Genser, seconded by Councilmember O=Connor, to introduce and hold first reading of the
ordinance, reading by title only and waiving further reading thereof, amended
to add a provision stating that staff shall process applications within 30 days
of receipt of complete application. The
motion was approved by the following vote:
AYES: Councilmembers O=Connor,
Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: None
BUSINESS LICENSE
- APPLICATION FEE
7-D: Introduction and first reading of an
ordinance adding Section 6.04.030 to the Municipal Code to establish a
processing fee for business license applications, was presented.
Motion by Mayor Bloom, seconded by Councilmember Genser, to introduce the ordinance, reading by title only and waiving further reading thereof, amended to change that there be a charge of $19 per application for renewal processing. The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: Councilmember Katz, Holbrook
ABSENT: None
Councilmember Katz stated, for the record, that he voted in opposition to the motion for the reasons he stated during the discussion.
Councilmember Holbrook stated, for the record, that he voted
in opposition to the motion because staff recommended $10.00 stating it was
enough.
LANDING,
PARKING, AND FILM PERMIT FEES
7-E: Introduction and first reading of an
ordinance amending the Municipal Code related to weight-based landing fees, and
adoption of Resolution No. 9850 (CCS) entitled: AA
RESOLUTION OF THE CITY OF SANTA MONICA SETTING FEES FOR OVERNIGHT PARKING,
FILMING AND EVENT PERMITS AT THE MUNICIPAL AIRPORT,@
was presented.
Member of the
public Daniel Cytron spoke against the proposed ordinance.
Motion by Councilmember Genser, seconded by Councilmember Holbrook, to introduce the ordinance and adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
STAFF ITEMS:
STATE BUDGET
8-A: Recommended fiscal policy guidelines
concerning resolution of state budget crises and reform of State-Local
relationships B recommendation approve the proposed fiscal
policy guidelines; confirm the Mayor as the City=s voting delegate and the Mayor Pro Temp as
alternate to attend and vote at the May 15, 2003, special League meeting; and,
direct the City Manager to take appropriate action to oppose AB 1221, 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 O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
RESOLUTIONS:
BUILDING AND
SAFETY APPEAL FEES
11-A: Resolution No. 9851 (CCS) entitled: AA
RESOLUTION OF THE CITY OF SANTA MONICA WAIVING CERTAIN BUILDING AND SAFETY
APPEAL FEES RELATED TO SPECIAL CONDITIONS FOR PERSONS WITH DISABILITIES WHICH
REQUIRE RATIFICATION, was presented.
There was no one
present for public comment.
Motion by
Councilmember Feinstein, seconded by Councilmember Katz, to adopt the resolution, reading by title
only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Feinstein, Katz,
Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown,
Mayor
Bloom
NOES: None
ABSENT: None
COUNCIL
ITEMS:
COMMISSION -
OLDER AMERICANS
13-A: Appointment to one special vacancy on the
Commission on Older Americans for a term ending June 30, 2003, was opened
for nominations.
Mayor Bloom
nominated Morton
Gantman. There being no other
nominations, Mr. Gantman was appointed by acclamation, with all members
present.
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. (Continued
from April 22, 2003.)
On
order of the Mayor, this matter was continued to June 24, 2003.
RECREATION
& PARKS COMMISSION
13-C: Appointment to one special vacancy on the
Recreation & Parks Commission for a term ending June 30, 2005.
On
order of the Mayor, this matter was continued to May 20, 2003.
HISTORIC
STATUS OF HOMES FOR SALE
13-D: Request of Councilmember Feinstein to
direct staff to prepare an ordinance regarding requiring the real estate
industry to disclose the potential historic status of homes when they are for
sale, was presented.
Members
of the public Tom Cleys and Roger Genser spoke in support of the request.
Motion
by Councilmember Feinstein, seconded by Councilmember Katz, to approve the request, amended to change Astatus
of homes@ to Astatus of properties.@ The motion was unanimously approved by voice
vote, with all members present.
SAMOHI
MARCHING BAND
13-E: Request of Mayor Pro Tem McKeown and
Councilmember Holbrook that the Council allocate out of its 2002-2003
discretionary fund a $10,000 matching grant to the Santa Monica High School
Associated Student Body in support of the Samohi Viking Marching Band, which
will represent our City in the July 4th Washington, D.C. National Independence
Day Parade, was presented.
Member
of the public B.A. Gray spoke in opposition to the request.
Motion
by Mayor Pro Tem McKeown, seconded by Councilmember Holbrook, to approve the request, with the assurance
that all students attend. The motion
was approved by the following vote:
AYES: Councilmembers
Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: None
ABSENT: None
CELEBRATE
AMERICA EVENT
13-F: Request of Mayor Bloom and Councilmember
Katz that the City Council urge the community, businesses, institutions and
residents, to save "Celebrate America" (recently cancelled by Santa
Monica College), Santa Monica's only public community-wide Independence Day
commemoration, was presented.
Members
of the public Jerry Rubin and B.A. Gray spoke in support of the request.
Motion
by Mayor Bloom, seconded by Councilmember Katz, to approve request, encouraging everyone
to get private enterprise to donate funds in any possible way. The motion was unanimously approved by voice
vote, with all members present.
MTA
.5% SALES TAX
13-G: Request of Mayor Bloom to support SB 314
which would allow the Los Angeles County Metropolitan Authority to impose an
additional 0.5% sales tax on Los Angeles County upon approval by the
voters. The tax would be imposed for a
five-year period and the funds limited to transportation projects, was
presented.
Motion
by Councilmember O=Connor, seconded by Mayor Bloom, to approve request. The motion was unanimously approved by voice
vote, with all members present.
RESIGNATION
13-H: Acceptance of Thomas Tolman=s
letter of resignation from the Personnel Board, and authorization for City
Clerk to publish vacancy.
Motion
by Councilmember Feinstein, seconded by Councilmember Katz, to accept letter with regrets. The motion was unanimously approved by voice
vote, with all members present.
PUBLIC INPUT:
Members of the public Pro Se, B.A. Gray, Graham Clifford, Brian Koepke, Jerry Rubin and Brian Hutchings discussed various concerns.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:05 a.m., to May 20, 2003, in memory of Barbara Miller.
ATTEST: APPROVED:
Maria M. Stewart Richard Bloom
City Clerk Mayor