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M-6/10/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 10, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:52 p.m., on Tuesday, June 10,2003, 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 6:50 p.m.) Councilmember Herb Katz Councilmember Pam O'Connor (arrived at 6: 10 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 5:52 p.m., with Councilmembers Holbrook and O'Connor absent. Big Blue Bus Director Stephanie Negriffled 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. Councilmember Genser requested Item I-B be removed from the Consent Calendar due to a conflict of interest. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve all items, except Item I-B, 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 Genser, Katz, Feinstein, Mayor pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, O'Connor NOES: ABSENT PARKING FACILITIES I-A: Operation of parking facilities contract - recommendation to exercise the City's option to extend for one year Contract No. 7733(CCS) 1 June 10, 2003 BUS ADVERTISING LEASE OF OFFICE SPACE Council member Genser was excused at 5:58 p.m. CLOSED SESSIONS: Council member Genser returned at 6:00 p.m. Council member 0 'Connor arrived at 6:10 p.m. Council member Holbrook arrived at 6:50 p.m. with Standard Parking Corporation, in the amount of $2,50 1,700, was approved. l-C: Transit Bus Advertising - recommendation to reject all submissions received in response to the request for proposals, advertising concession, was approved. I-B: Lease of space for the City's Housing Authority - recommendation to authorize the City Manager to negotiate and execute Lease No. 8209 (CCS) with 2121 Cloverfield Boulevard Associates, in the annual amount of$I13,425 for office space, and $30,000 for one-time tenant improvements, was presented. Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeoYffi, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Genser, O'Connor, Holbrook NOES: ABSENT: On order of the Mayor, the City Council meeting recessed at 6:00 p.m., to hear closed sessions and reconvened at 7: 15 p.m. with all members present, to report the following action taken: 2-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Management Team Associates (MTA) ACTION: See Item ll-A for action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Helen Dyess v. City of Santa Monica, Case No. SC 067 458. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor. to approve a settlement in the amount of$18,500. The motion 2 June 10, 2003 was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None 2-C: Conference with Legal Counsel- Existing Litigation: Jorge Fuguet v. City of Santa Monica, Case No. SC 069 871. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve a settlement in the amount of$40,000. 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 2-D: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. ACTION: Heard. No reportable action taken, 2-E: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899. ACTION: Heard. No reportable action taken, 2-F: Conference with Legal Counsel- Existing Litigation: Sikder. Inc. v. City of Santa Monica. et al., LASC SS 010987. ACTION: Heard. No reportable action taken, 2-G: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Four. ACTION: Two cases heard. No reportable action taken ADMIN. PROCEEDINGS: 6-A: Appeal of Planning Commission's decision to deny design 1544 ~ STREET compatibility permit and vesting Tentative Tract Map No. 53675 for 17-unit condominium project located at 1544 ~ Street - recommendation to uphold appeal, and approve the design compatibility 3 June 10, 2003 Council member Genser was excused at 7:20 p.m. EL MARIASOL RESTAURANT Council member Genser returned at 8: 15 p.m. permit and vesting tentative tract map based on the proposed findings and conditions, was presented. Councilmember Genser requested to be excused at 7:20 p.m., due to a conflict of interest with this matter. Member of the public Monica Wood, representing appellant, spoke in support of the project. Member of the public Joey Fullmer, expressed various concerns. Motion by Councilmember Katz. seconded by Councilmember O'Connor, to uphold the appeal and approve the project under the Option 1 alternative, with a decorative gate as suggested by the appellant, in the staff report. Substitute motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, to uphold the appeal and approve the project under the Option 4 alternative, modified to include 9 studio units and five two- bedroom units and the remainder of staff recommendation. The substitute motion failed by the following vote: AYES: NOES: ABSENT: Councilmember Feinstein, Mayor Pro Tern McKeown Councilmembers Katz, Holbrook, O'Connor, Mayor Bloom Councilmember Genser The original motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers O'Connor, Holbrook, Katz, Mayor Bloom Councilmember Feinstein, Mayor Pro Tern McKeown Councilmember Genser Mayor Pro Tern McKeown stated, for the record, that he voted in opposition because the configuration in Option 1 exacerbates the safety problems of the curb cut with visibility issues. 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, including the windows on the Public Deck Area on the West Fayade of the Structure. Applicant: Mariasol Restaurant/Camacho, Inc. Appellant: Edward Muzika. 4 June 10. 2003 ORDINANCES: AIRPORT LANDING FEES PALISADES BLUFF The Mayor announced that the applicant had withdrawn his application for an appeal thereby rendering this matter moot. 7-A: Second reading and adoption of Ordinance No. 2079 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 10.04.06.100 OF THE MUNICIPAL CODE RELATED TO LANDING FEES," and adoption of Resolution No. 9855 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING LANDING FEES AT THE SANTA MONICA AIRPORT," was presented. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to adopt the ordinance and the resolution, 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-B: Second reading and adoption of Ordinance No. 2080 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA 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 Councilmember O'Connor. seconded by Councilmember Katz.. 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, Mayor Bloom Councilmember Feinstein, Mayor Pro Tern McKeown None NOES: ABSENT: Councilmember Feinstein stated, for the record, that he voted in opposition because although he understands 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. 5 June 10, 2003 SIDEWALK CAFES Mayor Pro Tern McKeown stated, for the record, that he voted in opposition because he feels some time and study should have been given to relocating any people that may unfortunately be on those bluffs at this time, and that efforts should have been made to find alternative housing for them. 7-C: 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 recommen- dation to retain the existing standards for outdoor dining and portable landscaping and furniture within the public right-of-way, was presented. Members of the public Lu Artz, Jerry Rubin, Kathy Dobson, Jane HiWalker, Joe Pippersky, and Gary Gordon spoke in support of the proposal. Member of the public Roger Genser expressed concerns over cumulative impact and future plans on Main Street. Member of the public Stephanie Barbanell expressed concerns over parking impacts on residents. Motion bv Councilmember Feinstein. seconded by Councilmember O'Connor, to introduce and hold first reading of the ordinance, amended to apply the yet-to-be-determined lowered fee for outdoor dining to all applications previously submitted, and directing staff to provide an analysis of the impact of the ordinance in the RBC district, and amended to correct the effective date of the ordinance. 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 Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to come back with an ordinance to allow furniture and landscaping in the right of way; staff to suggest design standards for the furniture and landscaping; and, regarding the furniture, staff to explore options of either only allowing them in restaurants' vestibules, or in public property. The motion was unanimously approved by voice vote, with all members present. 6 June 10. 2003 INSPECTION FEES Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to include in ordinance design standards for merchandise display in restaurant's vestibules. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Holbrook, O'Connor, Mayor Pro Tern McKeown Councilmembers Katz, Genser, Mayor Bloom None NOES: ABSENT Motion bv Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to include in ordinance design standards to allow sandwich boards in restaurants' vestibules. The motion failed by the following vote: AYES: NOES: Councilmembers O'Connor, Feinstein Councilmembers Holbrook, Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom None ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to direct staff to analyze the possibility of allowing the provision of cigarette butt receptacles in private property, and/or for City-provided receptacles on public property. The motion was unanimously approved by voice vote. Motion by Councilmember Feinstein. seconded by Mayor Bloom, to direct staff to analyze the possibility of allowing businesses that have a certain amount of setback space and display area to use such a space as a display area. The motion failed by the following vote: AYES NOES Councilmembers Feinstein, O'Connor, Mayor Bloom Councilmembers Katz, Genser, Holbrook, Mayor Pro Tern McKeown None ABSENT: 7-D: Introduction and first reading of an ordinance amending Section 2.72.010 of the Municipal Code authorizing fees for systematic inspections and enforcement on private property and for commercial use of public property, was presented. There was no one present for public comment. 7 June 10, 2003 ARB POSTING REQUIREMENTS STAFF ITEMS: PROMENADE RETAIL USES Motion by Councilmember Katz. seconded by Councilmember Genser, to introduce and hold first reading of 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: Introduction and first reading of an ordinance amending Section 9.32 of the Municipal Code to establish site posting notification requirements for projects subject to architectural review, or, alternately, introduction and first reading of the ARB-proposed ordinance to require site posting and mailing notifications requirements for projects subject to architectural review. On order of the Mayor, this matter was continued to July 8, 2003 8-A: Recommendations of Promenade Users Task Force and ordinance extending moratorium on expansion of retail uses - recommendation to review the Task Force's recommendations; give direction to staff; and introduce and hold first reading of an interim ordinance extending the moratorium on new or expanded retail uses on the ground floor of the Third Street Promenade with limited exceptions, was presented. Members of the public Jerry Rubin, Kathy Dodson, Rob Rader, Bill Tucker, Kathleen Rawson, and Arthur Harris spoke in support of the recommendation. Member of the public Stephanie Barbanell spoke in opposition to the recommendation. Motion by Mayor Bloom. seconded by Councilmember Katz, direct staff to take appropriate steps, including preparation of ordinances, to implement the following: enhancing the pedestrian orientation of the streets off the Promenade; addressing new cinema development; restaurants; security, and expansion of alcohol use in live theater and specialty markets. Discussion ensued on various including but not limited to the different aspects of the motion, legal issues, timing and implementation of ordinances, and community and business needs. 8 June 10. 2003 After considerable discussion, Mayor Bloom withdrew his motion. Motion by Mayor Bloom. seconded by Councilmember Katz, to direct staff to return with a workplan considering all issues discussed, schedule a study session, and direct staff to return with an interim ordinance implementing Point No. 10 entitled "Retail Limitations.". 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 Mayor Bloom. seconded by Councilmember Genser, to introduce and hold first reading of an ordinance, extended for a period of two years, reading by title only and waiving further reading thereof Substitute motion by Councilmember Katz. seconded by Councilmember O'Connor. to extend for one year. The substitute motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Katz, Holbrook, O'Connor Councilmembers Feinstein, Genser, Mayor Pro Tern McKeown, Mayor Bloom None The main motion was approved by the following vote: AYES NOES: ABSENT: RESOLUTIONS: MTA - MOU Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None II-A: Resolution No. 9896 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," was presented. Motion by Councilmember Genser. seconded by Councilmember Katz, to adopt the resolution as presented, reading by title only and waiving further reading thereof The motion was approved by the following vote: 9 June 10, 2003 S.M. PIER STREET PERFORMERS COUNCIL ITEMS: PRC RESIGNA nON BROWN ACT PUBLIC INPUT: ADJOURNMENT: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: II-B: Street Performer sites on the Pier - resolution establishing six temporary zones for Street Performers and persons, including vendors, utilizing tables or carts for the purpose of displaying or distributing goods, written materials, merchandise, or food on the Pier and designating the new locations as temporary central performance zone. On order of the Mayor, this matter was continued to July 8,2003 13-A: Acceptance of Jonathan Gross's letter of resignation from the Pier Restoration Corporation, and authorization for City Clerk to publish vacancy, was presented. Motion by Councilmember Genser. seconded by Mayor Bloom, to accept the letter of resignation, with regrets, and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all members present. 13-B: Request of Mayor Bloom and 1\'layor Pro Tem McKeown that the City Council oppose the State's proposal to repeal parts of the Ralph M. Brown Act which mandate noticing of public meetings and agendas and opposing the proposed elimination of reimbursements to local government for the purpose of implementing the Brown Act. In addition, it is requested that Council affirm its commitment to participatory democracy with a fully informed electorate, and communicate this position to Governor Davis and the State Legislature. This matter was withdrawn. There was no one present for public comment. On order of the Mayor, the City Council meeting was adjourned at 11 :55 p.m., to June 17, 2003, in memory of Emily Perez Senny. -ATTEST~ _ ~'"(,..~ ~ .~~~ Maria M. tewart \ City Clerk flPR?)1D: t.u~~ Mayor 10 June 10, 2003