(NOT APPROVED)
CITY OF SANTA
MONICA
CITY COUNCIL
MINUTES
MAY 21, 2002
A
regular meeting of the Santa Monica City Council was called to order by Mayor
Feinstein at 5:50 p.m., on Tuesday, May 21, 2002, at City Council Chambers,
1685 Main Street.
Roll
Call:
Present:
Mayor Michael
Feinstein
Mayor Pro Tem
Kevin McKeown
Councilmember
Ken Genser
Councilmember
Herb Katz
Councilmember
Richard Bloom
Councilmember
Pam O=Connor
Absent: Councilmember Robert T. Holbrook
Also Present:
City Manager
Susan McCarthy
City Attorney
Marsha Jones Moutrie
Assist. City
Clerk Beth Sanchez
Records
Management Coordinator Melodi A. Pearson
CONVENE/PLEDGE
On order of the
Mayor, the City Council convened at 5:50 p.m. with Councilmember Holbrook
absent. Councilmember Bloom led the
assemblage in the Pledge of Allegiance.
CONSENT
CALENDAR: The
Consent Calendar was presented, whereby all items are considered and approved
in one motion unless removed from the calendar for discussion.
Member of the
public Joey Fullmer addressed various items on the Consent Calendar.
Motion by Mayor
Pro Tem McKeown, seconded by Councilmember Katz, to approve
the Consent Calendar, reading resolutions by title only and waiving further
reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Katz, Genser, Bloom,
O=Connor, Mayor Pro Tem McKeown,
Mayor
Feinstein
NOES: None
ABSENT: Councilmember Holbrook
PAYROLL SYSTEM
UPGRADE
1-A: Human Resources/Payroll System Upgrade
B recommendation to authorize the City Manager to negotiate and execute
Contract No. 8110 (CCS) with F. S. Systems, in the amount of $201,534, to
perform an upgrade to the City=s Human Resources/Payroll system, was approved.
235 OCEAN PARK
BLVD.
1-B: Resolution and subdivision agreement for
235 Ocean Park Blvd. - recommendation to authorize the City Manager to
execute the Subdivision Improvement Agreement Contract No. 8111 (CCS), and
adopt Resolution No. 9755 (CCS) entitled: AA RESOLUTION OF THE CITY OF
SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO.
26160 TO SUBDIVIDE A PROPERTY AT 235 OCEAN PARK BOULEVARD@, was approved.
CLOSED SESSION:
Member of the
public Brian Hutchings expressed his concerns.
On order of the
Mayor the City Council recessed at 6:02 p.m., to consider closed sessions, and
returned at 6:54 p.m., with Council member Holbrook absent, to report the
following:
2-A: Conference with Legal Counsel B Existing
Litigation: City of Santa Monica v.
Shell Oil Company, Case No. 01CC04331.
ACTION: Not heard.
2-B: Conference with Legal Counsel B Existing
Litigation: Andy and Rachel Goldberg
v. Planning Commission, et al., Case No. SS 020 548.
ACTION: Not heard.
2-C: Conference with Legal Counsel B Existing
Litigation: Penny Mirsky v. City of
Santa Monica, Case No. SC 067 123.
ACTION: Not heard.
2-D: Conference with Legal Counsel B
Anticipated Litigation. Number of cases:
Five.
ACTION: Two cases heard. No reportable action taken.
SPECIAL ITEM:
4-A: Proclamation declaring May as AOlder
Americans Month@ in the City of Santa Monica.
On order of the
Mayor, the proclamation was issued.
ADMIN. ITEMS:
APPEAL 2553 3RD
STREET
6-A: Appeal
of Landmarks Commission=s denial of a Certificate of Appropriateness for
construction of semi-subterranean garage for project located at 2553 3rd
Street B recommendation that City Council uphold the decision of the
Landmarks Commission to deny a Certificate of Appropriateness to allow for
construction of a semi-subterranean garage with balcony and entry stairs at the
front of the property, located at 2553 3rd Street, under the
existing first floor of a residence.
On order of the
Mayor, this item was continued to June 11, 2002.
ORDINANCE:
UNLICENCED
BUILDING MAINTENANCE
7-A: Introduction and first reading of an
ordinance entitled: AAN ORDINANCE ADDING CHAPTER 4.72 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT
ENTERING INTO AN AGREEMENT FOR SERVICES WITH AN UNLICENCED BUILDING MAINTENANCE
SERVICE CONTRACTOR; AND REQUIRING THAT SUCH CONTRACTORS HAVE VALID CITY
BUSINESS LICENSEA, was presented.
Member of the
Public Joey Fullmer addressed various concerns.
Motion By
Councilmember Genser, seconded by Mayor Pro Tem McKeown, to introduce the ordinance reading by title
only and waiving further reading thereof, amended to read as follows: change the words A the premises of a building@ in Section 4.72.010 Building
maintenance service, so the phase reads AJanitorial and custodial
services provided on nonresidential
premises@. And, adding the words Aor
contracts with@ to Section 4.72.010
Building maintenance service contractor
so the phase reads AAny person who, for a fee, employs or contracts
with workers to render building maintenance service@. The motion was approved by the following
vote:
AYES: Councilmembers O=Connor, Bloom,
Genser, Mayor Pro Tem McKeown, Mayor
Feinstein.
NOES: Councilmember Katz
ABSENT: Councilmember Holbrook
Councilmember
Katz stated for the record, that he voted against this motion because he felt
the ordinance is flawed and he would rather vote on an ordinance that addressed
all the issues and would not require additional amendments.
STREET
PERFORMANCE AND VENDING
7-B: Introduction and first reading of an
ordinance amending Municipal Code Provisions governing Street Performance and
Vending on the Third Street Promenade, Transit Mall and Pier, including
provisions on permits, Performance Staging and location, art objects and
penalties and provisions governing Blocking sidewalks; and resolution expanding
the Performance Zones for Street Performers and Vendors.
Motion by Mayor
Pro Tem McKeown, seconded by Mayor Feinstein, to continue item 7-B to allow more
discussion between the Bayside District and the performers prior to returning
to Council.
Motion to
amended by Councilmember Genser that the item be continued to the June
25, 2002 meeting. The amendment was
accepted as friendly.
The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
ADELPHIA CABLE
7-C: Public hearing and introduction and
first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CONSENTING TO THE RENEWAL OF A CABLE TELEVISION
FRANCHISE IN THE CITY OF SANTA MONICA TO CENTURY-TCI CALIFORNIA, L.P. S/B/A
ADELPHIA CABLE COMMUNICATIONS@; Resolution No. 9766 (CCS) entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESCINDING
RESOLUTION NUMBER 7312 (CCS)@; and authorization for the City Manager to
execute Contract No. 8114 (CCS) for the franchise agreement, the settlement
agreement with Adelphia, and the lease agreement for an Institution Network,
was presented.
Members of the
public Joey Fullmer and Clifford Stern expressed their concerns.
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. The motion was
approved by the following vote:
AYES: Councilmembers O=Connor, Bloom,
Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Holbrook
STAFF ADMIN.
ITEMS:
PRC SPONSORSHIP
GUIDELINES
8-A: Pier Restoration Corporation Corporate
Sponsorship Program Guidelines B
recommendation to approve the proposed Sponsorship Guidelines as presented for
the purpose of enhancing public enjoyment of the Pier, was presented.
Mayor Pro Tem
McKeown stated that he was in receipt of a letter from the Pier Restoration
Corporation Chairperson requesting to remove the item regarding Corporate
Sponsorship Program Guidelines from this agenda.
Motion by Mayor
Pro Tem McKeown, seconded by Councilmember Bloom to remove item
8-A and return at a future date. The
motion was unanimously approved by voice vote, with Councilmember Holbrook
absent.
PRC BUDGET
8-B: Santa Monica Pier Restoration Corporation=s
Proposed Budget and Annual Plan of Work for Fiscal Year 2002-03, and Corporate
Bylaw Revision B recommendation to approve the proposed corporate bylaw
revision and Annual Plan of Work for FY 2002-03, was presented.
Members of the
public Brian Hutchings and Joe Natoli expressed various concerns.
Motion by
Councilmember Katz, seconded by Councilmember Genser, to approve
staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers O=Connor, Bloom,
Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmember Holbrook
COUNCILMEMBER
DISCUSSION ITEMS:
13-A: Request of Councilmember Genser and
Mayor Pro Tem McKeown to direct staff to prepare a retroactive ordinance
extending to the downtown area the 7500 square foot development review
threshold previously enacted in other commercially-zoned parts of the City, including
the specified exemptions for housing, particularly affordable housing; and to
prepare a constraint analysis assessing the impact of the ordinance on housing
production, which will be presented to the City Council concurrently with the
proposed ordinance, was presented.
Members of the
public Kathleen Rawson, Allen Freemen, Dr. Eagle Desert Moon, Stuwart Lautman,
Andrew Leigh, Nina Leigh, Kelly Kleinman, Robin Waner and Casey Barargan
expressed various views on the subject.
Motion by Mayor
Pro Tem McKeown, seconded by Councilmember Genser, to approve
request and clarify that the retroactivity would be on projects deemed complete
as of this date, May 21, 2002. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Genser, Mayor Pro Tem McKeown, Mayor
Feinstein
NOES: Councilmembers O=Connor, Katz
ABSENT: Councilmember Holbrook
PUBLIC INPUT:
Members of the
public Pro Se, Joey Fullmer, Brian Hutchings, Jerry Rubin, Joe Natoli, Pam
Bluhm, Stewart Lamle and Clifford Stern addressed Council on various issues.
ADJOURNMENT: On order of the Mayor, the City Council
meeting was adjourned at 9:50 p.m. in memory of Dora Rosiles-Kochen to May 28,
2001.
ATTEST: APPROVED:
Melodi A.
Pearson Michael
Feinstein
Records Management
Coordinator Mayor