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