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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. 3 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