M-5/13/2003
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 Tern 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 I-H. Member of the public Joey Fullmer addressed various concerns.
Mayor Pro Tern McKeown requested Item l-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
1
May 13, 2003
MINUTES
FIRE STATION 2
MEMORIAL AND
LOS AMIGOS PARK
CHRYSALIS
DRY-WET RUNOFF
DIVERSION
WATER TRUCK
UNDERGROUND
UTILITY DISTRICT
AB 136
thereof The motion was approved by the following vote:
AYES:
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
I-A: The minutes of the March II, March 25, April 8, and April 22, City
Council meetings were approved as submitted.
I-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$84,000, for
construction services for the project, was approved.
I-C: Building replacements for Memorial Park and Los Amigos Park
- recommendation to award Contract No. 8206 (CCS) to Cohen
Construction, in the amount of$I,421,750, for construction of the building
replacements at the parks, was approved.
I-D: Storm Drain maintenance contract with Chrysalis-
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.
I-F: Resolution No. 9847 entitled: "A 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.
I-G: Purchase of Water Truck - 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.
I-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.
I-I: Opposition to AB 136 - recommendation that Council oppose AB
136 (Kehoe) which seeks State legislative authority to allow increase of
,
May 13,2003
safety employees' leave of absence benefits on full salary, was approved
CONSULTING SERVICES l-E: Consulting services for automobile dealership and land use
- PLANNING regulations - 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 Tern 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 Tern 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 Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook
NOES:
ABSENT:
CLOSED SESSIONS:
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.
Council member 0 'Connor
arrived at 6: 15 p.m.
2-A: Public Employee Evaluations.
Title of Employees: City Manager; City Attorney; City Clerk
Council member Holbrook
arrived at 7:05 p.m.
This matter was not heard.
2-B: Conference with Legal Counsel- 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- Existing Litigation: City of
Santa Monica v. Coastal Commission. et aI., Case No. SS 011 64.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: 2000
Main Street. LLC v. City of Santa Monica, Case No. SC 067 899.
ACTION
Heard. No reportable action taken.
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May 13, 2003
2-E: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. SheD Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- 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- Existing Litigation: Jorge
Fuguet v. City of Santa Monica, Case No. SC 069 871.
This matter was not heard.
Conference with Legal Counsel - 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 Tern McKeown., Mayor Bloom
None
None
NOES:
ABSENT:
SPECIAL ITEMS:
HISTORIC
PRESERV A nON
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: 6-A: Approval of Mixed Use Project at 1540 2nd Street (McDonalds)-
1540 2ND STREET recommendation to adopt Resolution No. 9848 (CCS) entitled: "A
(McDONALD'S) RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
4
May 13, 2003
FINAL ENVIRONMENTAL IMPACT REPORT,"; and Resolution No.
9849 (CCS) entitled: "A 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: "AN
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:
ABSENT:
Councilmembers O'Connor, Holbrook, Mayor Bloom
Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern
McKeown
None
AYES:
NOES:
"'
May 13, 2003
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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
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 Tern McKeown, Mayor Bloom
Councilmember Feinstein
None
NOES:
ABSENT:
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 "in the C3
District" to the last line on page 6 of the ordinance, following the word
"restaurants;" amended to change the first four lines on page 7 to read: " . .
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,
6
May 13, 2003
was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
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
"replaced" after the word "relocated" and the last sentence to be deleted;
and condition 64 was amended to delete the sentence after the word
"access," and then add the following sentence: "The 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 Tern
McKeown, Mayor Bloom
Councilmembers Feinstein, Holbrook
None
NOES:
ABSENT:
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 "yes" 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 Tern McKeown absent.
ORDINANCES:
AUTO RENTAL
OPERA nONS
7-A: Second reading and adoption of Ordinance No. 2074 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
MODIFYING CHAPTER 9 OF THE MUNICIPAL CODE TO ALLOW
7
Mav 13.2003
VENDING/STREET
PERFORMERS
Councilmembers O'Connor
Katz, and Mayor Pro Tern
McKeown returned at
10:30 p.m.
PARKING IN PRIVATE
DRIVEWAYS
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
WITIllN 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:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, Feinstein, Mayor Bloom
None
Councilmembers O'Connor, Katz, Mayor Pro Tern
McKeown
7-B: Second reading and adoption of Ordinance No. 2075 (CCS)
entitled: "AN 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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance amending
Section 3.12.830 of the Municipal Code allowing commercial property
owners to obtain penn its 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.
8
May 13,2003
BUSINESS LICENSE -
APPLICATION FEE
LANDING, PARKING,
AND FILM PERMIT
FEES
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:
NOES:
ABSENT
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
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
NOES:
ABSENT:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
Councilmember Katz, Holbrook
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.
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: "A RESOLUTI9N 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 GenseL seconded by Councilmember Holbrook,
to introduce the ordinance and adopt the resolution, reading by title only and
9
May 13, 2003
waiving further reading thereof The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
STAFF ITEMS:
STA TE BUDGET
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
8-A: Recommended fiscal policy guidelines concerning resolution of
state budget crises and reform of State-Local relationships _
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:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
RESOLUTIONS: II-A: Resolution No. 9851 (CCS) entitled: "A RESOLUTION OF THE
BUILDING AND SAFETY CITY OF SANTA MONICA WAIVING CERTAIN BUILDING AND
APPEAL FEES SAFETY APPEAL FEES RELATED TO SPECIAL CONDITIONS FOR
PERSONS WITH DISABILITIES WIllCH 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:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
~i
10
May 13, 2003
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 13-C: Appointment to one special vacancy on the Recreation & Parks
COMMISSION Commission for a term ending June 30, 2005.
mSTORIC STATUS OF
HOMES FOR SALE
SAMom MARCHING
BAND
On order of the Mayor, this matter was continued to May 20,2003.
13-D: Request of Council member Feinstein to direct statTto 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 "status of homes" to "status of
properties." The motion was unanimously approved by voice vote, with all
members present.
13-E: Request of Mayor Pro Tem McKeown and Councilmember
Holbrook that the Council allocate out ofits 2002-2003 discretionary fund
a $10,000 matching grant to the Santa Monica High Sc"ool 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 Mavor Pro TemMcKeown. seconded by Councilmember Holbrook,
to approve the request, with the assurance that all students attend. The motion
11
May 13, 2003
CELEBRATE AMERICA
EVENT
MTA .5% SALES TAX
RESIGNATION
was approved by the following vote:
AYES:
CouncilmembersFeinstein, Katz, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
13-F: Request of Mayor Bloom and Councilmember Katz that the City
Council urge the community, businesses, institutions and residents, to
save "CelebrateAmerica" (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.
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.
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.
12
May 13, 2003
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., I
to May 20,2003, in memory of Barbara Miller.
ATTEST:
~'~~$
Maria M. Stewart
City Clerk
APPROVED:
~W-
Richard Bloom
Mayor
13
May 13, 2003