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)
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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
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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
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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.
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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.
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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.
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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.
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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:
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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
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June 10, 2003