CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 20, 2003

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:54 p.m., on Tuesday, May 20, 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 7:00 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor (arrived at 6:20 p.m.)

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONSENT CALENDAR:

Members of the public Joey Fullmer, Sandy Jacobson and Jerry Rubin addressed the Consent Calendar item.

Discussion ensued on the process and selection of the contractor for the project. Staff answered related questions from Council.

Motion by Councilmember Genser, seconded by Mayor Bloom, to continue this matter until all Councilmembers are present. 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 6:20 p.m. Councilmember Holbrook arrived at 7:00 p.m.		On order of the Mayor, the City Council recessed at 6:11 p.m., to hear closed sessions and returned at 7:00 p.m. with all members present. On order of the Mayor, action taken on closed sessions to be reported at the end of the meeting.

CONSENT CALENDAR: DOWNTOWN DESIGN STANDARDS		1-A: Downtown Design Standards B recommendation to authorize the City Manager to negotiate and execute Contract No. 8207 (CCS) with ROMA Design Group, in the amount of $150,000, to assist in developing design guidelines for downtown development, conduct a public process, and preparing zoning code modifications, was presented. Motion by Councilmember Genser, seconded by Mayor Bloom, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O=Connor, Holbrook, Genser, Mayor Pro Tem McKeown, Mayor Bloom NOES: Councilmembers Katz, Feinstein ABSENT: None Councilmember Feinstein stated, for the record, that he voted in opposition because he believes Roma=s record in the community shows they are not responsive to the community=s concerns.

ADMIN. PROCEEDINGS: CIVIC CENTER PARKING STRUCTURE		6-A: Appeal of Planning Commission=s approval of environmental impact report and development review permit for the proposed Civic Center Parking Structure and discussion of issues raised by the Planning Commission including community room, street-level landscaping, roof-level stepback, southern façade, awnings, and roof-top trellises B recommendation to adopt Resolution No. 9852 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT@; adopt Resolution No. 9853 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PLAN@; and, deny the appeal and approve the Development Review Permit, was presented. Maureen Gorsen, representing appellant Doubletree Hotel Suites, spoke in support of the appeal. Members of the public Tony Vasquez, Kelly Olsen, and Jerry Rubin spoke in support of the project.Maureen Gorsen, representing the appellant, provided a rebuttal to the public comments made. Motion by Councilmember O=Connor, seconded by Mayor Bloom, to adopt Resolution No. 9852 (CCS), 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 Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to adopt Resolution No. 9853 (CCS), reading by title only and waiving further reading thereof, amended to add a ASection J@ to the resolution that reads as follows: AThe provision of a community meeting room provides a needed assembly venue within the walkable environment of the Civic Center but with convenient parking if needed.@ 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 Genser, seconded by Mayor Pro Tem McKeown, to deny the appeal and approve the Development Review Permit, amended to include a community room with the ceiling being immediately below the top deck of the roof level; that the ARB shall implement a landscaping plan that incorporates a combination of parkway landscaping at the curb and landscaping at the building facade, provided the landscaping does not deter from the pedestrian-oriented experience; that consistent with the Specific Plan regarding placement of trellises, that the ARB shall pay particular attention to the location of trellises to minimize the perceived mass of the structure; that the ARB look at the other issues raised by the Planning Commission; and to lock in the number of parking spaces as recommended in the staff report, except the number needed for the community room. The motion failed by the following vote: AYES: Councilmembers Feinstein, Genser, Mayor Pro Tem McKeown NOES: Councilmembers Katz, Holbrook, O=Connor, Mayor Bloom ABSENT: None Motion by Mayor Pro Tem McKeown, to approve the same above motion, amended to remove the specified location of the community room, while retaining the community room. The motion died for lack of a second. Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve the same motion above, amending it to allow flexibility on the placement of the community room but removing the condition of altering the trellis. The motion was approved by the following vote: AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom NOES: Councilmembers O=Connor, Holbrook, Katz ABSENT: None

RECESS:		On order of the Mayor, the City Council recessed at 9:59 p.m., and reconvened at 10:12 p.m., with all Councilmembers present.

EL MARIASOL

RESTAURANT

6-B: Appeal of Landmarks Commission approval of Certificate of Appropriateness for El Mariasol Restaurant at 401 Santa Monica Pier B recommendation to overturn the Landmarks Commission=s determination and uphold the appeal in part to require certain window modifications to the project. Applicant: Mariasol Restaurant/Camacho, Inc. Appellant: Edward Muzica.

Appellant Ed Muzica spoke in support of the appeal.

Sam Tarking, representing the Applicant, spoke in opposition to the appeal.

Members of the public Chris Velaski, Murray Gould, Jerry Rubin, and Reina Alvarez, spoke in opposition to the appeal.

Members of the public Nina Fresco, Arthur Harris, Ellen Brennan and Roger Genser spoke in support of the appeal.

Appellant Ed Muzika and Applicant Sam Tarking, provided rebuttals to comments made by the public.

Discussion ensued on the merits of the appeal, mainly the windows in question, the enclosed public space adjacent to the restaurant, the current use of that public space, and the accessibility and ease of use of the public space by the public.

Motion by Councilmember Katz, seconded by Councilmember Genser, to have the windows and walls removed from the public area described as a Aporch@ and that it becomes an open porch with a railing, and take some of the windows and put them on the wall of restaurant to allow patrons an outside view, reinforce the roof if needed, and that proper drainage be put on the porch.

Motion to amend by Councilmember Genser, to put in the door on the south facade from the porch that goes directly to the restaurant that as originally approved. The motion was accepted as friendly.

Discussion ensued over information provided by the City Attorney relating to what action could be taken on this matter based on the substance of the appeal, the existing CUP entitlements of the appellant, and what types of action could not be taken based on the nature of the appeal.

Substitute motion by Councilmember Holbrook, to approve staff recommendation. Motion failed for lack of a second.

Additional discussion ensued. Council considered continuing the appeal to allow time for staff and the appellant to consider and review the comments made during public comment and Council discussion and return with additional information and options.

Motion by Councilmember Katz, to continue to the meeting of June 10, 2003. After some discussion, Councilmember Katz withdrew his motion.

Motion by Mayor Bloom, seconded by Councilmember O=Connor, to continue the appeal to May 29, 2003, at 7:00 p.m. The motion was unanimously approved by voice vote.

ORDINANCES: BUSINESS LICENSE PROCESSING FEES		7-A: Second reading and adoption of Ordinance No. 2076 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 6.04.030 TO THE MUNICIPAL CODE TO ESTABLISH A PROCESSING FEE FOR BUSINESS LICENSE APPLICATIONS,@ and adoption of Resolution No. 9854 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING BUSINESS LICENSE PROCESSING FEES,@ was presented. Motion by Mayor Bloom, 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 Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Feinstein NOES: Councilmembers Katz, Holbrook ABSENT: None Motion by Mayor Bloom, seconded by Councilmember O=Connor, to adopt the resolution, reading by title only and waiving further reading thereof, amended to set $10 for a new license application and $19 for a renewal. The motion was approved by the following vote: AYES: Councilmembers Feinstein, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom NOES: Councilmembers Katz, Genser, Holbrook Councilmember Katz stated, for the record, that he voted in opposition because it is a tax on a tax.

SIDEWALK CAFES		7-B: Introduction and first reading of an interim ordinance allowing administrative approval of sidewalk cafes and waiving the parking requirements for sidewalk cafes of a specified size, and recommendation to retain the existing standards for outdoor dining and portable landscaping and furniture within the public right-of-way. On order of the Mayor, this matter was continued to June 10, 2003.

PALISADES BLUFF		7-C: Introduction and first reading of an ordinance adding Section 3.36.115 to the Municipal Code to prohibit any person from being present on the Santa Monica Palisades Bluff, was presented. Motion by Mayor Bloom, seconded by Councilmember Katz, to introduce ordinance reading by title only and waiving further reading thereof, amended so that the first paragraph under Section 3.36.115 reads: ANo person shall be present upon or within, the Santa Monica Palisades Bluff. The . . . Bluff is defined as the area bordered by the northern City border, Pacific Coast Highway, the Santa Monica Pier Bridge and the fence along the ocean side of Palisades Park.@ The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Holbrook, O=Connor, Mayor Bloom NOES: Councilmember Feinstein, Mayor Pro Tem McKeown ABSENT: None Mayor Pro Tem McKeown stated, for the record, that although he agrees with the safety concerns, he can=t agree with making this change without having the social conscience to at least attempt appropriate relocation of real live human beings who are using this as their last resort for shelter. Councilmember Feinstein stated, for the record, that although he under-stands and appreciates the safety concerns, he believes that its passage before the passage of an appropriate social support structure reflects a prioritization of values that tends to criminalize the homeless and is not in harmony with how he perceives this community=s values to have been for the last decade.

HOURS OF OPERATION (McDONALD=S)		7-D: Second reading and adoption of Ordinance No. 2077 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ALLOW REPLACEMENT OF EXISTING FAST-FOOD RESTAURANTS IN THE C3 DOWNTOWN COMMERCIAL DISTRICT IN EXISTENCE AS OF 5/13/03, WITH APPROVAL OF A CUP, AND RESTAURANTS IN THE C3 DISTRICT LOCATED ADJACENT TO OR SEPARATED BY AN ALLEY FROM RESIDENTIALLY-ZONED PROPERTIES TO CONDUCT OPERATIONS WITHIN AN ENCLOSED BUILDING 24 HOURS PER DAY, 7 DAYS PER WEEK; AND WITHIN AN ENCLOSED PATIO NOT EARLIER THAN 7:00 A.M., DAILY AND NOT LATER THAN 12:00 A.M., MONDAY THROUGH FRIDAY AND 2:00 A.M., SATURDAY AND SUNDAY,@ was presented. Motion by Councilmember O=Connor, seconded by Councilmember Feinstein, to adopt the ordinance, 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

PARKING ACROSS DRIVEWAYS		7-E: Second reading and adoption of Ordinance No. 2078 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 3.12.830 OF THE MUNICIPAL CODE RELATING TO PARKING ACROSS DRIVEWAYS ON CERTAIN COMMERCIAL PROPERTIES, was presented. Motion by Councilmember Feinstein, seconded by Councilmember Katz, to adopt the ordinance, 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

COUNCIL ITEMS: RECREATION & PARKS COMMISSION		13-A: Appointment to one special vacancy on the Recreation & Parks Commission for a term ending June 30, 2005. On order of the Mayor, the floor was opened for nominations. Councilmember Katz nominated Richard McKinnon. Councilmember Genser nominated Joe Weichman. Mr. Weichman was appointed by the following vote: McKinnon: Councilmembers Feinstein, Katz Weichman: Councilmembers Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom Councilmembers Katz and Feinstein requested to change their vote for Mr. Weichman, thereby appointing him by a unanimous vote.

CLOSED SESSIONS:		On order of the Mayor, the following action was taking on closed sessions: 2-A: Public Employee Evaluations. Title of Employees: City Manager; City Attorney; City Clerk ACTION: Not heard. 2-B: Conference with Legal Counsel B Existing Litigation: John James v. City of Santa Monica, Case No. SC 067 960. Motion by Mayor Bloom, seconded by Councilmember O=Connor, to approve settlement in the amount of $49,900. 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 2-C: Conference with Legal Counsel B Existing Litigation: Jorge Fuguet v. City of Santa Monica, Case No. SC 069 871. ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel B Anticipated Litigation. Number of cases: Three. ACTION: One case heard. No reportable action taken. 2-F: Conference with Legal Counsel - Existing Litigation: Steven Teitelbaum v. City of Santa Monica, Case No. SC 072 836. Motion by Councilmember Katz, seconded by Councilmember O=Connor, to approve settlement in the amount of $27,500. The motion was approved by the following vote: AYES: Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom NOES: None ABSTAIN: Councilmember Holbrook ABSENT: None

PUBLIC INPUT:		Members of the public Art Casillas, Steve Skulnick, and Brian Koepke discussed various issues.

ADJOURNMENT:		On order of the Mayor, the City Council meeting was adjourned at 12:24 a.m., to May 27, 2003, in memory of Evelyn Maria Rassey. ATTEST: APPROVED: Maria M. Stewart Richard Bloom City Clerk Mayor

CONVENE/PLEDGE		On order of the Mayor, the City Council convened at 5:54 p.m., with Councilmembers Holbrook and O=Connor absent. Councilmember Genser led the assemblage in the Pledge of Allegiance.