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M-4/22/2003 (2) 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, Apri122, 2003, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein (arrived at 7:10 p.m.) Councilmernber Ken Genser Councilmember Herb Katz (arrived at 6:05 p.m.) Councilmernber 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 ofthe 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. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilrnernber for discussion. There was no one present for public comment. Motion by Councilmember O'Connor. seconded by Mayor Pro Tern 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 Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz, Feinstein NOES: ABSENT: MINUTES I-A: The minutes ofthe February 25, 2003, City Council meeting, were 1 April 22, 2003 1719 OCEAN FRONT WALK CAROUSEL EVENTS CAROUSEL - OPERATION OLYMPIC DRIVE CLOSED SESSIONS: Councilmember Katz arrived at 6:05 p.m. approved, as submitted. I-B: Recommendation to approve Statement of Official Action takE on project located at 1719 Ocean Front Walk, was approved. l-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. I-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. l-E: Olympic Drive Construction Project - recommendation to appropriate $140,000 Proposition C - Local Return interest for use on the construction of Olympic Drive and approve proposed related budget changes, was approved. 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. Conference with Legal Counsel- Existing Litigation: Santa 2 April 22, 2003 Councilmember Katz was excused at 7:08 p.m. 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 Tern 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 Tern McKeown, Mayor Bloom None Councilmembers Feinstein, Holbrook NOES: ABSENT: Councilmember Katz requested to be excused from the following matter due to a conflict of interest. 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 3 April 22, 2003 SPECIAL ITEMS: Councilmember Katz returned at 7:09 p.m. automatically terminate. (4) If the City denies the CUP, the settlement agreement shall automatically terminate. (5) The settlement agreement wi 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 Tern McKeown, Mayor Bloom None Councilmembers Feinstein, Katz, Holbrook NOES: ABSENT: 4-A: The Mayor issued a proclamation declaring April 2003 as Older American's Month in the City of Santa Monica. ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission's denial to allow auto rental AUTO RENTAL operations within auto repair facilities and introduction and first OPERATIONS 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 introduc( and hold first reading of an ordinance modifying Chapter 9 of the MuniciJ Code to allow accessory auto rental operations in the Ml fudustrial 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 Feinstein arrived at 7:10p.m. Councilmember Katz was excused at 7:11 p.m. Councilmember Katz requested to be excused due to a possible conflict of interest in this matter. Motion by Councilmember O'Connor. seconded bv 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: NOES: Councilmember Feinstein, O'Connor, CouncilmemberGenser, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Katz, Holbrook ABSENT: Member of the public Chris Harding, representing the appellant, spoke in 4 Apri122,2003 support ofthe project. Members of the public Dayid Ponn, representing Hornberg Jaguar, expressed various related concerns related to his facility. Member of the public Kelly Olsen spoke in opposition ofthe 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 Tern McKeown, to direct staffto 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 Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: 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 oflow 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 Tern 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 Tern McKeown, Mayor Bloom None Councilmembers Holbrook and Katz NOES: ABSENT: 5 April 22, 2003 ORDINANCES: EVENTS ORDINANCE Councilmember Katz returned at 8:22 p.m. STREET VENDORS/ PERFORMERS 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 T 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 Tern 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 Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: 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 ofthe 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 LamIe, 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: 6 April 22, 2003 CHANGE OF AGENDA ORDER REPORTS OF BOARDS AND COMMISSIONS: AYES: NOES: ABSENT: Councilmembers O'Connor, Genser, Katz, Mayor Bloom Councilmembers Feinstein, Mayor Pro Tern McKeown 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 anyone 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 . . ." The motion, as amended, was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT. Motion by Mayor Pro Tern 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. At the request of the Mayor, Item 10-A was moved up, out of order. 10-A:. Request ofthe Commission on Older Americans to change the name of the Commission to "Commission for the Senior Community," 7 April 22, 2003 CHANGE OF NAME Councilmember Feinstein }Vas excused at 10:35 p.m. RECESS STAFF ITEMS: VENDING PROGRAM LOTTERY BOOTLEGGED CONTROLLED RENTAL UNITS 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. 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. 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 ofthe project. Motion by Mayor Pro Tern 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 Tern McKeown, Mayor Bloom Councilmember Feinstein Councilmember Holbrook NOES: ABSENT: 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. 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. 8 April 22, 2003 JOINT MEETING WITH REDEVELOPMENT AGENCY: MADISON THEATER Councilmember Katz was excused at 11:25 p.m. Member ofthe 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 Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: On order ofthe Mayor, the City Council recessed and reconvened to a joint meeting with the Redevelopment Agency at 11 :25 p.m., with Councilmember Holbrook absent. 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 Tern McKeown, Mayor Bloom None Councilmember O'Connor Councilmembers Holbrook, Katz NOES: ABSTAIN: ABSENT: Motion by Mayor Bloom. seconded by Councilmember Genser, to direct staffto 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 9 April 22, 2003 ADJOURNMENT PUBLIC HEARINGS: ADELPHIA CABLE COUNCIL ITEMS: COMMISSION ON OLDER AMERICANS HENNA TATTOOS Councilmembers Katz and Holbrook absent. On order of the Mayor, the Special Joint Meeting was adjourned and the regular City Council meeting was reconvened at II :36 p.m., with Councilmembers Holbrook and Katz absent. 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 Tern McKeown, Mayor Bloom None Councilmembers Katz, Holbrook NOES: ABSENT: 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 ofthe Mayor, Items 13-A and 13-B to be continued to May 13,2003, 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 LamIe 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. 10 April 22, 2003 PREFERENTIAL PARKING SB 981 EIR's FOR ENERGY PRODUCTION PROJECTS PUBLIC INPUT: 13-D: Request of Mayor Bloom to discuss the option of directing staffto 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 ofthe 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 staffto return with information or with an ordinance, as appropriate. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent. 13-E: Request of Council member 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. [here was no one present for public comment Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent. 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 Tern McKeown, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent. [here was no one present for public comment April 22, 2003 ADJOURNMENT: On order ofthe Mayor, the City Council meeting was adjourned at 12: 15 a.m., in memory often year-old resident Mac Flynn-Miller. ATTEST: \;..,~~. ~ Maria M. Stewart City Clerk 12 Z:~ 'RiChard Bloom Mayor April 22, 2003