CITY OF SANTA MONICA
CITY COUNCIL MINUTES
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:52 p.m., on
Tuesday, June 10, 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 6:50 p.m.)
Councilmember
Herb Katz
Councilmember
Pam O=Connor (arrived at 6:10 p.m.)
Also Present: City
Manager Susan McCarthy
City
Attorney Marsha Jones Moutrie
City
Clerk Maria M. Stewart
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CONVENE/PLEDGE |
On order of the Mayor, the
City Council convened at 5:52 p.m., with Councilmembers Holbrook and O=Connor absent.
Big Blue Bus Director Stephanie Negriff led the assemblage in the
Pledge of Allegiance. |
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CONSENT CALENDAR: |
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All items were considered
and approved in one motion unless removed by a Councilmember for discussion. Councilmember Genser
requested Item 1-B be removed from the Consent Calendar due to a conflict of
interest. Motion by Councilmember
Feinstein, seconded by Councilmember Katz, to approve all items, except Item 1-B, 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 Genser, Katz,
Feinstein, Mayor pro Tem McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Holbrook, O=Connor |
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PARKING FACILITIES |
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1-A: Operation of parking facilities
contract B recommendation to exercise the City=s option to extend for one year Contract No.
7733(CCS) with Standard Parking Corporation, in the amount of $2,501,700, was
approved. |
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BUS ADVERTISING |
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1-C: Transit Bus Advertising B recommendation to reject all submissions received
in response to the request for proposals, advertising concession, was
approved. |
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LEASE OF OFFICE SPACE Councilmember Genser was excused at 5:58
p.m. |
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1-B: Lease of space for the City=s Housing Authority B recommendation to authorize the City Manager to
negotiate and execute Lease No. 8209 (CCS) with 2121 Cloverfield Boulevard
Associates, in the annual amount of $113,425 for office space, and $30,000
for one-time tenant improvements, was presented. Motion by Councilmember
Feinstein, seconded by Mayor Pro Tem McKeown, to approve staff recommendation. The motion was approved by the following
vote: AYES: Councilmembers Katz, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom NOES: None ABSENT: Councilmembers Genser, O=Connor,
Holbrook |
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CLOSED SESSIONS: Councilmember Genser returned at 6:00 p.m. Councilmember O=Connor arrived at 6:10 p.m. Councilmember Holbrook arrived at 6:50 p.m. |
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On order of the Mayor, the
City Council meeting recessed at 6:00 p.m., to hear closed sessions and
reconvened at 7:15 p.m. with all members present, to report the following
action taken: 2-A: Conference with Labor Negotiator: City Negotiator: Karen
Bancroft, Director of Human Resources Bargaining
Units: Management Team Associates
(MTA) ACTION: See Item 11-A for action taken. 2-B: Conference with Legal Counsel - Existing Litigation: Helen Dyess v. City of Santa Monica,
Case No. SC 067 458. Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to approve a settlement in the amount of
$18,500. 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 2-C: Conference with Legal Counsel B Existing Litigation: Jorge Fuguet v. City of Santa Monica, Case No. SC 069
871. Motion by Councilmember
Feinstein, seconded by Councilmember Katz, to approve a settlement in the amount of $40,000. 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-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 - Existing Litigation: 2000 Main Street v. City of Santa
Monica, Case No. SC 067 899. ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel - Existing Litigation: Sikder, Inc. v. City of Santa Monica,
et al., LASC SS 010987. ACTION: Heard. No reportable action taken. 2-G: Conference with Legal Counsel B Anticipated Litigation. Number
of cases: Four. ACTION: Two cases heard. No reportable action taken. |
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ADMIN. PROCEEDINGS: 1544 7th
STREET Councilmember Genser was excused at 7:20
p.m. |
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6-A: Appeal of Planning Commission=s decision to deny design compatibility permit and
vesting Tentative Tract Map No. 53675 for 17-unit condominium project located
at 1544 7th Street B recommendation to uphold appeal, and approve the
design compatibility permit and vesting tentative tract map based on the
proposed findings and conditions, was presented. Councilmember Genser
requested to be excused at 7:20 p.m., due to a conflict of interest with this
matter. Member of the public
Monica Wood, representing appellant, spoke in support of the project. Member of the public Joey
Fullmer, expressed various concerns. Motion by Councilmember
Katz, seconded by Councilmember O=Connor,
to uphold the appeal and approve the project under the Option 1 alternative,
with a decorative gate as suggested by the appellant, in the staff report. Substitute motion by
Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to uphold the appeal and approve the project
under the Option 4 alternative, modified to include 9 studio units and five
two-bedroom units and the remainder of staff recommendation. The substitute motion failed by the
following vote: AYES: Councilmember Feinstein, Mayor Pro
Tem McKeown NOES: Councilmembers
Katz, Holbrook, O=Connor, Mayor Bloom ABSENT: Councilmember Genser The original motion was
approved by the following vote: AYES: Councilmembers O=Connor, Holbrook, Katz, Mayor Bloom NOES: Councilmember
Feinstein, Mayor Pro Tem McKeown ABSENT: Councilmember Genser Mayor Pro Tem McKeown
stated, for the record, that he voted in opposition because the configuration
in Option 1 exacerbates the safety problems of the curb cut with visibility
issues. |
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EL MARIASOL RESTAURANT Councilmember Genser returned at 8:15 p.m. |
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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, including the windows on
the Public Deck Area on the West Façade of the Structure. Applicant: Mariasol Restaurant/Camacho,
Inc. Appellant: Edward Muzika. The Mayor announced that
the applicant had withdrawn his application for an appeal thereby rendering
this matter moot. |
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ORDINANCES: AIRPORT LANDING FEES |
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7-A: Second reading and adoption of
Ordinance No. 2079 (CCS) entitled:
AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTION 10.04.06.100 OF THE MUNICIPAL CODE RELATED TO LANDING FEES,@ and adoption of Resolution No. 9855 (CCS)
entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SETTING
LANDING FEES AT THE SANTA MONICA AIRPORT,@ was
presented. Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to adopt the ordinance and 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 |
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PALISADES BLUFF |
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7-B: Second reading and adoption of
Ordinance No. 2080 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA 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 Councilmember
O=Connor, 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, Mayor Bloom NOES: Councilmember
Feinstein, Mayor Pro Tem McKeown ABSENT: None Councilmember Feinstein
stated, for the record, that he voted in opposition because although he
understands 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.Mayor Pro
Tem McKeown stated, for the record, that he voted in opposition because he
feels some time and study should have been given to relocating any people
that may unfortunately be on those bluffs at this time, and that efforts
should have been made to find alternative housing for them. |
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SIDEWALK CAFES |
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7-C: 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
recommen-dation to retain the existing standards for outdoor dining and
portable landscaping and furniture within the public right-of-way, was
presented. Members of the public Lu
Artz, Jerry Rubin, Kathy Dobson, Jane HiWalker, Joe Pippersky, and Gary
Gordon spoke in support of the proposal. Member of the public Roger
Genser expressed concerns over cumulative impact and future plans on Main
Street. Member of the public
Stephanie Barbanell expressed concerns over parking impacts on residents. Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to introduce and hold first reading of the
ordinance, amended to apply the yet-to-be-determined lowered fee for outdoor
dining to all applications previously submitted, and directing staff to
provide an analysis of the impact of the ordinance in the RBC district, and
amended to correct the effective date of the ordinance. 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
Feinstein, seconded by Councilmember O=Connor, to direct staff to come back with an ordinance to
allow furniture and landscaping in the right of way; staff to suggest design
standards for the furniture and landscaping; and, regarding the furniture,
staff to explore options of either only allowing them in restaurants= vestibules, or in public property. The motion was
unanimously approved by voice vote, with all members present. Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to direct staff to include in ordinance design
standards for merchandise display in restaurant=s
vestibules. The motion was approved
by the following vote: AYES: Councilmembers Feinstein,
Holbrook, O=Connor, Mayor Pro Tem McKeown NOES: Councilmembers
Katz, Genser, Mayor Bloom ABSENT: None Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to direct staff to include in ordinance design
standards to allow sandwich boards in restaurants= vestibules.
The motion failed by the following vote: AYES: Councilmembers O=Connor, Feinstein NOES: Councilmembers
Holbrook, Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom ABSENT: None Motion by Councilmember
Feinstein, seconded by Councilmember O=Connor, to direct staff to analyze the possibility of
allowing the provision of cigarette butt receptacles in private property,
and/or for City-provided receptacles on public property. The motion was unanimously approved by
voice vote. Motion by Councilmember
Feinstein, seconded by Mayor Bloom,
to direct staff to analyze the possibility of allowing businesses that have a
certain amount of setback space and display area to use such a space as a
display area. The motion failed by
the following vote: AYES: Councilmembers Feinstein, O=Connor, Mayor Bloom NOES: Councilmembers
Katz, Genser, Holbrook, Mayor Pro Tem McKeown ABSENT: None |
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INSPECTION FEES |
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7-D: Introduction and first reading of an
ordinance amending Section 2.72.010 of the Municipal Code authorizing fees
for systematic inspections and enforcement on private property and for
commercial use of public property, was presented. There was no one present
for public comment. Motion by Councilmember
Katz, seconded by Councilmember Genser, to introduce and hold first reading of 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 |
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ARB POSTING REQUIREMENTS |
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7-E: Introduction and first reading of an
ordinance amending Section 9.32 of the Municipal Code to establish site
posting notification requirements for projects subject to architectural
review, or, alternately, introduction and first reading of the ARB-proposed
ordinance to require site posting and mailing notifications requirements for
projects subject to architectural review.
On order of the Mayor,
this matter was continued to July 8, 2003 |
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STAFF ITEMS: PROMENADE RETAIL USES |
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8-A: Recommendations of Promenade Users
Task Force and ordinance extending moratorium on expansion of retail uses
B recommendation to review the Task Force=s recommendations; give direction to staff; and
introduce and hold first reading of an interim ordinance extending the
moratorium on new or expanded retail uses on the ground floor of the Third
Street Promenade with limited exceptions, was presented. Members of the public
Jerry Rubin, Kathy Dodson, Rob Rader, Bill Tucker, Kathleen Rawson, and
Arthur Harris spoke in support of the recommendation. Member of the public
Stephanie Barbanell spoke in opposition to the recommendation. Motion by Mayor Bloom,
seconded by Councilmember Katz,
direct staff to take appropriate steps, including preparation of ordinances,
to implement the following: enhancing
the pedestrian orientation of the streets off the Promenade; addressing new
cinema development; restaurants; security, and expansion of alcohol use in
live theater and specialty markets. Discussion ensued on
various including but not limited to the different aspects of the motion,
legal issues, timing and implementation of ordinances, and community and
business needs. After considerable
discussion, Mayor Bloom withdrew his motion. Motion by Mayor Bloom,
seconded by Councilmember Katz, to
direct staff to return with a workplan considering all issues discussed,
schedule a study session, and direct staff to return with an interim
ordinance implementing Point No. 10 entitled ARetail
Limitations.@. 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 Mayor Bloom, seconded
by Councilmember Genser, to
introduce and hold first reading of an ordinance, extended for a period of
two years, reading by title only and waiving further reading thereof. Substitute motion by
Councilmember Katz, seconded by Councilmember O=Connor,
to extend for one year. The
substitute motion failed by the following vote: AYES: Councilmembers Katz, Holbrook, O=Connor NOES: Councilmembers
Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom ABSENT: None The main 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 |
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RESOLUTIONS: MTA - MOU |
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11-A: Resolution No. 9896 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE MANAGEMENT TEAM ASSOCIATES,@ was presented. Motion by Councilmember
Genser, seconded by Councilmember Katz, to adopt the resolution as presented, 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 |
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S.M. PIER STREET PERFORMERS |
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11-B: Street Performer sites on the Pier -
resolution establishing six temporary zones for Street Performers and
persons, including vendors, utilizing tables or carts for the purpose of
displaying or distributing goods, written materials, merchandise, or food on
the Pier and designating the new locations as temporary central performance
zone. On order of the Mayor,
this matter was continued to July 8, 2003. |
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COUNCIL ITEMS: PRC RESIGNATION |
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13-A: Acceptance of Jonathan Gross=s letter of resignation from the Pier Restoration
Corporation, and authorization for City Clerk to publish vacancy, was presented. Motion by Councilmember
Genser, seconded by Mayor Bloom,
to accept the letter of resignation, with regrets, and authorize the City
Clerk to publish the vacancy. The
motion was unanimously approved by voice vote, with all members present. |
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BROWN ACT |
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13-B: Request of Mayor Bloom and Mayor Pro Tem
McKeown that the City Council oppose the State=s proposal to repeal parts of the Ralph M. Brown
Act which mandate noticing of public meetings and agendas and opposing the
proposed elimination of reimbursements to local government for the purpose of
implementing the Brown Act. In
addition, it is requested that Council affirm its commitment to participatory
democracy with a fully informed electorate, and communicate this position to
Governor Davis and the State Legislature. This matter was withdrawn. |
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PUBLIC INPUT: |
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There was no one present
for public comment. |
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ADJOURNMENT: |
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On order of the Mayor, the
City Council meeting was adjourned at 11:55 p.m., to June 17, 2003, in memory
of Emily Perez Senny. ATTEST: APPROVED: Maria
M. Stewart Richard
Bloom City
Clerk Mayor |