M-5/20/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 20, 2003
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
Bloom at 5:54 p.m., on Tuesday, May 20,2003, 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 7:00 p.m
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:20 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 5:54 p.m., with
Councilmembers Holbrook and O'Connor absent. Councilmember Genser
led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: Members ofthe public Joey Fullmer, Sandy Jacobson and Jerry Rubin
addressed the Consent Calendar item.
Discussion ensued on the process and selection of the contractor for the
project. Staff answered related questions from Council.
Motion by Councilmember GenseL seconded by Mayor Bloom, to continue
this matter until all Councilmembers are present. 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:
Council member 0 'Connor
On order of the Mayor, the City Council recessed at 6: 11 p.m., to hear
closed sessions and returned at 7:00 p.m. with all members present. On
Mav 20. 2003
arrived at 6:20 p.m.
Council member Holbrook
arrived at 7:00 p.m.
CONSENT CALENDAR:
DOWNTOWN DESIGN
STANDARDS
order of the Mayor, action taken on closed sessions to be reported at the
end of the meeting.
I-A: Downtown Design Standards - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8207 (CCS) with
ROMA Design Group, in the amount of$150,000, to assist in developing
design guidelines for downtown development, conduct a public process, and
preparing zoning code modifications, was presented.
Motion by Councilmember Genser. seconded by Mayor Bloom, to approve
staff recommendation. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Mayor Pro
Tern McKeown, Mayor Bloom
Councilmembers Katz, Feinstein
None
NOES:
ABSENT
Councilmember Feinstein stated, for the record, that he voted in opposition
because he believes Roma's record in the community shows they are not
responsive to the community's concerns.
ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission's approval of environmental
CIVIC CENTER impact report and development review permit for the proposed Civic
PARKING STRUCTURE Center Parking Structure and discussion of issues raised by the
Planning Commission including community room, street-level
landscaping, roof-level stepback, southern fa~ade, awnings, and roof-
top trellises - recommendation to adopt Resolution No. 9852 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMP ACT REPORT
FOR THE PROJECT"; adopt Resolution No. 9853 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA APPROVING
STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING PLAN'; and, deny the appeal and approve
the Development Review Permit, was presented.
Maureen Gorsen, representing appellant Doubletree Hotel Suites, spoke in
support of the appeal.
Members of the public Tony Vasquez, Kelly Olsen, and Jerry Rubin spoke in
support ofthe project.
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May 20, 2003
Maureen Gorsen, representing the appellant, provided a rebuttal to the
public comments made.
Motion by Councilmember O'Connor. seconded by Mayor Bloom, to adopt
Resolution No. 9852 (CCS), 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
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to adopt Resolution No. 9853 (CCS), reading by title only and waiving
further reading thereof, amended to add a "Section 1" to the resolution that
reads as follows: "The provision of a community meeting room provides a
needed assembly venue within the walkable environment of the Civic Center
but with convenient parking if needed." 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
Motion bv Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to deny the appeal and approve the Development Review Permit, amended
to include a community room with the ceiling being immediately below the
top deck of the roof level; that the ARB shall implement a landscaping plan
that incorporates a combination of parkway landscaping at the curb and
landscaping at the building facade, provided the landscaping does not deter
from the pedestrian-oriented experience; that consistent with the Specific
Plan regarding placement of trellises, that the ARB shall pay particular
attention to the location of trellises to minimize the perceived mass of the
structure; that the ARB look at the other issues raised by the Planning
Commission; and to lock in the number of parking spaces as recommended
in the staff report, except the number needed for the community room. The
motion failed by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown
Councilmembers Katz, Holbrook, O'Connor, Mayor Bloom
None
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May 20, 2003
Motion by Mayor Pro Tern McKeown. to approve the same above motion,
amended to remove the specified location of the community room, while
retaining the community room. The motion died for lack of a second.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to approve the same motion above, amending it to allow flexibility on the
placement of the community room but removing the condition of altering the
trellis. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers O'Connor, Holbrook, Katz
None
NOES:
ABSENT:
RECESS:
On order of the Mayor, the City Council recessed at 9:59 p.m., and
reconvened at 10: 12 p.m., with all Councilmembers present.
EL MARIA SOL
RESTAURANT
6-B: Appeal of Landmarks Commission approval of Certificate of
Appropriateness for EI Mariasol Restaurant at 401 Santa Monica Pier
- recommendation to overturn the Landmarks Commission's determination
and uphold the appeal in part to require certain window modifications to the
project. Applicant: Mariasol Restaurant/Camacho, Inc. Appellant: Edward
Muzica.
Appellant Ed Muzica spoke in support of the appeal
Sam Tarking, representing the Applicant, spoke in opposition to the appeal.
Members of the public Chris Velaski, Murray Gould, Jerry Rubin, and Reina
Alvarez, spoke in opposition to the appeal.
Members of the public Nina Fresco, Arthur Harris, Ellen Brennan and Roger
Genser spoke in support of the appeal.
Appellant Ed Muzika and Applicant Sam Tarking, provided rebuttals to
comments made by the public.
Discussion ensued on the merits of the appeal, mainly the windows in
question, the enclosed public space adjacent to the restaurant, the current
use of that public space, and the accessibility and ease of use of the public
space by the public.
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May 20, 2003
ORDINANCES:
BUSINESS LICENSE
PROCESSING FEES
Motion by Councilmember Katz. seconded bv Councilmember Genser, to
have the windows and walls removed from the public area described as a
"porch" and that it becomes an open porch with a railing, and take some of
the windows and put them on the wall of restaurant to allow patrons an
outside view, reinforce the roof if needed, and that proper drainage be put
on the porch.
Motion to amend by Councilmember Genser, to put in the door on the south
facade from the porch that goes directly to the restaurant that as originally
approved. The motion was accepted as friendly.
Discussion ensued over information provided by the City Attorney relating
to what action could be taken on this matter based on the substance of the
appeal, the existing CUP entitlements of the appellant, and what types of
action could not be taken based on the nature of the appeal.
Substitute motion by Councilmember Holbrook, to approve staff
recommendation. Motion failed for lack of a second.
Additional discussion ensued. Council considered continuing the appeal to
allow time for staff and the appellant to consider and review the comments
made during public comment and Council discussion and return with
additional information and options.
Motion by Councilmember Katz, to continue to the meeting of June 10,
2003. After some discussion, Councilmember Katz withdrew his motion.
Motion by Mayor Bloom. seconded by Councilmember O'Connor, to
continue the appeal to May 29,2003, at 7:00 p.m. The motion was
unanimously approved by voice vote.
7-A: Second reading and adoption of Ordinance No. 2076 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 6.04.030 TO THE MUNICIPAL CODE TO
ESTABLISH A PROCESSING FEE FOR BUSINESS LICENSE
APPLICATIONS," and adoption of Resolution No. 9854 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA SETTING
BUSINESS LICENSE PROCESSING FEES," was presented.
Motion by Mayor Bloom. seconded by Councilmember O'Connor, to adopt
the ordinance, reading by title only and waiving further reading thereof. The
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May 20, 2003
SIDEWALK CAFES
PALISADES BLUFF
motion was approved by the following vote
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Feinstein
Councilmembers Katz, Holbrook
None
NOES:
ABSENT
Motion bv Mavor Bloom. seconded by Councilmember O'Connor, to adopt
the resolution, reading by title only and waiving further reading thereof,
amended to set $10 for a new license application and $19 for a renewal.
The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, O'Connor, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmembers Katz, Genser, Holbrook
NOES:
Councilmember Katz stated, for the record, that he voted in opposition
because it is a tax on a tax.
7-B: 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
recommendation to retain the existing standards for outdoor dining
and portable landscaping and furniture within the public right-of-way.
On order of the Mayor, this matter was continued to June 10,2003
7-C: Introduction and first reading of an ordinance 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 Mavor Bloom. seconded by Councilmember Katz, to introduce
ordinance reading by title only and waiving further reading thereof, amended
so that the first paragraph under Section 3.36.115 reads: "No person shall be
present upon or within, the Santa Monica Palisades Bluff The.. . Bluff is
defined as the area bordered by the northern City border, Pacific Coast
Highway, the Santa Monica Pier Bridge and the fence along the ocean side
of Palisades Park." The motion was approved by the following vote:
AYES
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Bloom
Council member Feinstein, Mayor Pro Tern McKeown
None
NOES:
ABSENT
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May 20, 2003
HOURS OF OPERA nON
(McDONALD'S)
PARKING ACROSS
DRIVEWAYS
Mayor Pro Tern McKeown stated, for the record, that although he agrees
with the safety concerns, he can't agree with making this change without
having the social conscience to at least attempt appropriate relocation of real
live human beings who are using this as their last resort for shelter.
Councilmember Feinstein stated, for the record, that although he under-
stands 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.
7-D: Second reading and adoption of Ordinance No. 2077 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ALLOW
REPLACEMENT OF EXISTING FAST-FOOD RESTAURANTS IN THE
C3 DOWNTOWN COMMERCIAL DISTRICT IN EXISTENCE AS OF
5/13/03, WITH APPROVAL OF A CUP, AND RESTAURANTS IN THE
C3 DISTRICT LOCATED ADJACENT TO OR SEPARATED BY AN
ALLEY FROM RESIDENTIALLY-ZONED PROPERTIES TO
CONDUCT OPERATIONS WITIllN AN ENCLOSED BUILDING 24
HOURS PER DAY, 7 DAYS PER WEEK; AND WITIllN AN
ENCLOSED PATIO NOT EARLIER THAN 7:00 AM., DAILY AND
NOT LATER THAN 12:00 AM., MONDAY THROUGH FRIDAY AND
2:00 AM., SATURDAY AND SUNDAY," was presented.
Motion bv Councilmember O'Connor. seconded by Councilmember
Feinstein. 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,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT
7-E: Second reading and adoption of Ordinance No. 2078 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 3.12.830 OF THE MUNICIPAL CODE
RELATING TO PARKING ACROSS DRIVEWAYS ON CERTAIN
COMMERCIAL PROPERTIES, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
adopt the ordinance, reading by title only and waiving further reading
7
May 20, 2003
thereof The motion was approved by the following vote:
AYES:
Councilrnernbers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
COUNCIL ITEMS: 13-A: Appointment to one special vacancy on the Recreation & Parks
RECREATION & PARKS Commission for a term ending June 30,2005.
COMMISSION
On order of the Mayor, the floor was opened for nominations.
Councilrnernber Katz nominated Richard McKinnon.
Councilrnember Genser nominated Joe Weichman.
Mr. Weichman was appointed by the following vote:
McKinnon:
Weichman:
Councilmembers Feinstein, Katz
Councilmembers Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmembers Katz and Feinstein requested to change their vote for Mr.
Weichman, thereby appointing him by a unanimous vote.
CLOSED SESSIONS:
On order of the Mayor, the following action was taking on closed sessions:
2-A: Public Employee Evaluations.
Title of Employees: City Manager~ City Attomey~ City Clerk
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: John
James v. City of Santa Monica, Case No. SC 067 960.
Motion by Mayor Bloom. seconded by CounciImember O'Connor. to
approve settlement in the amount of $49,900. The motion was approved by
the following vote:
AYES:
Councilmernbers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
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May 20, 2003
PUBLIC INPUT:
ADJOURNMENT:
2-C: Conference with Legal Counsel- Existing Litigation: Jorge
Fuguet v. City of Santa Monica, Case No. SC 069 871.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Three.
ACTION:
One case heard. No reportable action taken.
2-F: Conference with Legal Counsel - Existing Litigation: Steven
Teitelbaum v. City of Santa Monica, Case No. SC 072 836.
Motion by Councilmember Katz. seconded by Councilmember O'Connor, to
approve settlement in the amount of $27,500. The motion was approved by
the following vote:
AYES:
Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
None
NOES:
ABSTAIN:
ABSENT:
Members of the public Art Casillas, Steve Skulnick, and Brian Koepke
discussed various issues.
On order of the Mayor, the City Council meeting was adjourned at 12:24
a.m., to May 27,2003, in memory of Evelyn Maria Rassey.
AT~
~~.~~.~~~
Maria M. Stewart \
City Clerk
APPROVED:
~C?{\--
Richard Bloom
Mayor
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May 20, 2003