M-5/21/2002
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 Tern 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
CONVENEIPLEDGE 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 bv Mayor Pro Tern 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:
Couilcilmembers Katz, Genser, Bloom,
O'Connor, Mayor Pro Tern McKeown,
Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
PAYROLL SYSTEM
UPGRADE
235 OCEAN PARK BLVD.
CLOSED SESSION:
I-A: Human Resources/Payroll System Upgrade-
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.
I-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: "A
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.
Member of the public Brian Hutchings expressed his concerns.
On order of the Mayor the City Council recessed at 6:02 p.rn.,
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- Existing
Litigation: City of Santa Monica v. Shell Oil Companv,
Case No. 01CC04331.
ACTION:
Not heard.
2-B: Conference with LegalCounsel-- Existing
Litigation: Andy and R~chel Goldberg v. Planning
Commission. et al.,Case No. SS 020 548.
ACTION
Not heard
2-C: Conferenc~ with Legal Counsel- Existing
Litigation: Pennv Mirskv v. Citv of Santa .Monica, Case
No. SC 067 123.
ACTION:
Not heard,
2-D: Conference with Legal Counsel- Anticipated
Litigation. Number of cases: Five.
"
ACTION
Two cases heard. No reportable action taken.
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May 21,2002
SPECIAL ITEM:
4- A: Proclamation declaring Mayas "Older 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 3"' Street -
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 ofthe Mayor, this item was continued to June 11, 2002,
ORDINANCE:
UNLICENCED
BUILDING
MAINTENANCE
7-A: Introduction and first reading of an ordinance
entitled: "AN 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 LICENSE",
was presented.
Member of the Public Joey Fullmer addressed various concerns,
Motion Bv Councilmember Genser. seconded bv 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 "the premises of a building" in Section
4.72.010 Building maintenance service, so the phase reads
"Janitorial and custodial services provided on nonresidential
premises". And, adding the words "or contracts with" to Section
4.72.010 Building maintenance service contractor so the phase
reads "Any 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 Tern McKeown, Mayor Feinstein.
Councilmember Katz
Councilmember Holbrook
NOES:
ABSENT:
3
May 21,2002
STREET
PERFORMANCE AND
VENDING
ADELPHIA CABLE
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.
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 Tern 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.
7-C: Public hearing and introduction and first reading of an
ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA
CONSENTING TO THE RENEWAL OF A CABLE
TELEVISION FRANCIllSE IN THE CITY OF SANTA
MONICA TO CENTURY-TCI CALIFORNIA, L.P. S/B/A
ADELPIllA CABLE COMMUNICATIONS"; Resolution No.
9766 (CCS) entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANT A 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 Stem expressed
their concerns.
4
May 21,2002
STAFF ADMIN. ITEMS:
PRC SPONSORSHIP
GUIDELINES
PRC BUDGET
Motion by Councilmember Genser. seconded by Councilmember
Katz, to introduce and hold first reading ofthe 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 Tern McKeown, Mayor
Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
8-A: Pier Restoration Corporation Corporate Sponsorship
Program Guidelines - recommendation to approve the proposed
Sponsorship Guidelines as presented for the purpose of enhancing
public enjoyment of the Pier, was presented.
Mayor Pro Tern 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 bv Mavor Pro Tern 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.
8-B: Santa Monica Pier Restoration Corporation's Proposed
Budget and Annual Plan of Work for Fiscal Year 2002-03, and
Corporate Bylaw Revision - recommendation to approve the
proposed corporate bylaw revision and Annual Plan of Work
for FY 2002-03, was presented.
Members ofthe 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 Tern McKeown, Mayor
Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
$
May 21,2002
COUNCILMEMBER
DISCUSSION ITEMS:
PUBLIC INPUT:
ADJOURNMENT:
13-A: Request of Councilmember Genser and Mayor Pro
Tern 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 Kle~ Robin Waner and Casey Barargan
expressed various views on the subject.
Motion bv Mayor Pro Tern McKeown. seconded by
Councihnember Genser, to approve request and clarifY that the
retroactivity would be on applications deemed complete as of this
date, May 21,2002. The motion was approved by the following
vote:
AYES: Councihnembers Bloom, Genser, Mayor Pro Tern
McKeown, Mayor Feinstein
NOES: Councihnembers O'Connor, Katz
ABSENT: Councihnember Holbrook
Members of the public Pro Se, Joey Fullmer, Brian Hutchings,
Jerry Rubin, Joe Natoli, Pam Bluhm, Stewart LamIe and Clifford
Stem addressed Council on various issues.
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:
#d:td;2~
Melodi A. Pearson
Records Management Coordinator
APPROVED:
Michael Feinstein
Mayor
6
May 21,2002