M-10/24/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 24, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:07 p.m.,
on Tuesday, October 24, 2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (arrived at 6:25 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:15 p.m.)
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:07 p.m., with
Councilmember O'Connor and Mayor Pro Tern Shriver absent.
Councilmember Genser led the assemblage il}. the Pledge of
Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Member ofthe public Joey Fullmer expressed various concerns.
Motion by Councilmember Katz. seconded by Councilmember
McKeown, to approve all items on the Consent Calendar as presented,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Katz, Bloom, Mayor
Holbrook
None
Councilmember O'Connor, Mayor Pro Tern Shriver
NOES:
ABSENT:
I
October 24,2006
MINUTES
1502 BROADWAY
MILLS ACT
AGREEMENTS
TIRE-DERIVED GRANT
FUNDS
BORDERLINE
NEIGHBORHOOD
MOUNT AIN VIEW
MOBILE HOME PARK
CLOSED SESSIONS:
Councilmember 0 'Connor
arrived at 6: 15 p. m.
I-A: The minutes of September 12,2006, City Council meeting were
approved as submitted.
I-B: 33-Unit Condominium Project at 1502 Broadway -
recommendation to authorize the City Manager to negotiate and execute
Subdivision Improvement Agreement No. 8641 (CCS) and adopt
Resolution No. 10174 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 61234
FOR A 33-UNIT CONDOMINIUM PROJECT," was approved.
l-C: Mills Act Historic Property Preservation Agreements -
recommendation to adopt respective Resolution Nos. 10175 and 10176
(CCS) authorizing the City Manager to negotiate and execute Mills Act
Historic Property Preservation Agreement Nos. 8642 and 8643 (CCS)
between the City and the property owners of designated City Landmark at
501 24th Street, and contributing structure at 2614 2nd Street, was
approved.
I-D: Application for tire-derived grant funds - recommendation to
adopt Resolution No. 10177 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO APPLY FOR TIRE-DERIVED GRANT FUNDS; AND UPON
GRANT A WARD APPROPRIATE THE FUNDS AS PROPOSED,"
was approved.
l-E: Borderline Neighborhood Improvement Project -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8644 (CCS) with Nelson-Nygaard Consulting Associates, in
the amount of $117,000, for the design of the project along Longfellow
Street with connecting streets of Marine, Navy and Ozone between
Longfellow and Lincoln Boulevard; and appropriate funds as proposed,
was approved.
I-F: Mountain View Mobilehome Park Community Building
Improvements - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8645 (CCS) with the Graph
Company, in the amount of$121,134, to make repairs to the community
building of the Mobilehome Park, was approved.
On order of the Mayor, the City Council recessed at 6:12 p.m., to
consider closed sessions and returned at 7:40 p.m., with all members
present, to report the following:
2
October 24,2006
Mayor Pro Tern Shriver
arrived at 6:25 p.m.
2-A: Conference with real property negotiator:
Property: 2715 Exposition Bouelvardl1800 Stewart Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Richlar Partnership Lease
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Baron & Budd. P.C.. Case No. BC 315186.
ACTION:
Not Heard.
2-C: Conference with Legal Counsel- Existing Litigation: City
adv. Shell Oil Company (arbitration re compliance with settlement
agreement in City of Santa Monica v. Shell Oil Co., Case No.
01CC4331).
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Roman
Bruno. et at v. City of Santa Monica, Case No. SC 086 511.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation:
Fifth/Arizona Investors. LLC v. City of Santa Monica, Case No. SC
083 204.
Motion by Councilmember Bloom. seconded by Councilmember Katz to
approve Settlement Agreement No. 8649 (CCS) related to a mixed use
project at 430 Arizona as follows: The appellant, 5th and Arizona owners,
will dismiss appeal and relinquish all claims to the denied project in
return for modifications ofthe Administrative Approvals (AA) for the
two project. Project owners will build two additional off-site affordable
units at 1325 5th Street for a total of seven, and pay an in lieu fee of
$65,000. The AA for the 1320 5th Street project will be extended through
March 15, 2007, and modified so that the affordable housing obligation
could be satisfied by the provision of the seven on-site affordable units.
Additionally, the owners of 430 Arizona and 1320 5th Street and the City
would enter into an exclusive negotiating period for a possible sale of
those properties to the City. The exclusive negotiating period would run
to January 15,2007. The project owners would release all claims against
the City and retain the right to seek further AA extensions up to the
3
October 24,2006
maximum time allowed under applicable law. The motion was approved
by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
2-F: Conference with Legal Counsel- Existing Litigation: Jessie
Dixon v. City of Santa Monica, Case No. BC 308831.
ACTION:
Not Heard.
2-G: Conference with Legal Counsel - Existing Litigation: Peter
Withers v. City of Santa Monica, Case No. SC 087283.
ACTION:
Heard. No reportable action taken.
2-H: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): one
matter involving a dispute over mobile home closure requirements
(Village Trailer Park), and 3 matters involving real property
disputes at 1047 11 tb Street, 161 Ocean Park Boulevard and 2225 4th
Street (Fair Market).
Motion by Councilmember McKeown. seconded by Councilmember
Katz, that as to the on-going litigation in the Court of Appeal to decline a
request to intervene as a party in the appeal, and authorize the City
Attorney to write an amicus brief in support of the 225 4th Street (Fair
Market) Project. The motion was unanimously approved by voice vote,
with all members present.
2-1: Conference with real property negotiator:
Property: 120 Colorado Avenue
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Felcor Hotel Asset Company
ACTION:
Heard. No reportable action taken.
4
October 24,2006
ORDINANCES:
OUTDOOR SMOKING
BAN
RELOCATION
BENEFITS
STAFF ITEMS:
YEAR-END BUDGET
AND FY 2006-07
CHANGES
CANCELLATION OF
THE PARKING AND
HOUSING
AUTHORITIES
7-A: Second reading and adoption of Ordinance No. 2210 entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 4.44 OF THE MUNICIPAL CODE TO PROHIBIT
SMOKING AT ALL OUTDOOR DINING AREAS, OUTDOOR
SERVICE AREAS, AREAS WITHIN 20 FEET OF ENTRANCES,
EXITS OR OPEN WINDOWS OF BUILDINGS OPEN TO THE
PUBLIC, THE THIRD STREET PROMENADE, AND FARMERS
MARKETS," was presented.
Motion by Councilmember Bloom. 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 Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
7-B: Second reading and adoption of an ordinance amending
Sections 4.36.100 and 4.36.120 relating to temporary tenant
relocation benefits.
The City Attorney advised that the City has received a letter from an
attorney who has expressed legal concerns regarding the ordinance, and
has also received other related concerns and comments from the Rent
Control Board legal staff, and due to those reasons requested the matter
be withdrawn for review, and to be returned to Council at a later date.
On order of the Council, and with the consensus of Council, the
ordinance was withdrawn.
On order ofthe Mayor, the regular City Council was recessed at 8:02
p.m., to a special joint meeting with the Redevelopment Agency,
Housing Authority and Parking Authority, with all members present.
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
REDEVELOPMENT AGENCY, HOUSING AUTHORITY AND
PARKING AUTHORITY:
On order of the Mayor, and at the request of staff, the special joint
meeting with the Housing Authority and the Parking Authority were
cancelled, as no action is required by either entity.
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October 24, 2006
MEETINGS
8-A: Adoption of FY 2005-06 Year-End, and FY 2006-07 Budget
Changes; resolution establishing various new classifications and
salary rates; and resolution amending the FY 2005-06 and FY 2006-
07 Gann Limits - recommendation to approve final year end budget
changes for FY 2005-06; approve recommended changes for FY 2006-
07; adopt Resolution No. 10178 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA REVISING SALARIES FOR
VARIOUS POSITIONS"; and adopt Resolution No.1 0179 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AMENDING THE GANN LIMITS FOR FY 2005-06 AND FY 2006-
07," was presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember McKeown, seconded by Councilmember
Katz to approve the final year budget changes and the proposed changes
for FY 2006-07. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
Motion by Councilmember Genser, seconded by Councilmember
McKeown, to adopt Resolution No. 10178 (CCS), reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
Motion by Councilmember O'Connor, seconded by Councilmember
Katz, to adopt Resolution No. 10179 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
6
October 24, 2006
ADJOURNMENT OF
SPECIAL MEETING
SUSTAINABLE CITY
PLAN
BBB FACILITY
EXPANSION PROJECT
On order of the Mayor, the special joint meeting was recessed at 8:21
p.m., and the regular City Council meeting was reconvened, with all
members present.
8-B: Adoption of Sustainable City Plan - recommendation to adopt
the Sustainable City Plan Implementation Plan; adopt recommendations
to amend the Sustainable City Plan by Task Force on the Environment;
and adopt staff recommendations to amend the plan and update the
indicators and targets, including the adoption of a target for greenhouse
gas emission reductions, was presented.
Members ofthe public Molly Strauss, Joy Fullmer, and Bob Hattoy
spoke in support of the recommendation.
Motion by Councilmember McKeown. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was approved
by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
8-C: Recommendation to approve the revised Big Blue Bus Facility
Expansion Project, was presented.
There was no one present for public comment.
Motion bv Councilmember McKeown. seconded by Council member
Genser, to continue matter until all Councilmembers feel comfortable
that each has all information available to make an informed judgment on
the expenditure of public monies.
Substitute motion by Councilmember Katz. seconded by Councilmember
Bloom to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Bloom, Katz, O'Connor, Mayor Pro
Tern Shriver, Mayor Holbrook
Councilmembers McKeown, Genser
None
NOES:
ABSENT:
7
October 24,2006
1631-36 5TH STREET
ACQUISITION
Councilmember McKeown stated, for the record, that his vote reflects the
belief that Council should operate together collegially as a Council,
especially on matters of requests for sufficient information by any
Councilmembers that have been honored in the past.
Discussion ensued. After the discussion, Councilmember McKeown
requested that his "no" vote be changed to a "yes" vote, for a final vote as
follows:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Mayor Pro Tern Shriver, Mayor Holbrook
Councilmember Genser
None
NOES:
ABSENT:
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY:
On order of the Mayor, the regular City Council meeting recessed at 9:22
p.m., to a joint meeting with the Redevelopment Agency, with all
members present.
8-D: Proposed acquisition of 1632-36 5th Street - recommendation
that City Council adopt Resolution No. 10180 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A
NEGATIVE DECLARATION," and authorize the City Manager to
execute a letter of intent to acquire the property and to negotiate and
execute Sale Agreement No. 8646 (CCS) and other related documents;
that City Council and Redevelopment Agency adopt respective
Resolution No. 10181 (CCS) and No. 497 (RAS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE
USE OF FUNDS TO BE OF BENEFIT TO THE EARTHQUAKE
RECOVERY REDEVELOPMENT PROJECT AREA", appropriate
necessary funds and authorize the City Manager/Executive Director to
negotiate and execute Cooperation Agreement No. 8647 (CCS)/(RAS)
between the City and the Redevelopment Agency, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Councilmember
McKeown, to adopt Resolution No. 10180 (CCS), reading by title only
and waiving further reading thereof. The motion was approved by the
following vote:
8
October 24,2006
AYES:
NOES:
ABSENT:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
Motion bv Councilmember/ Agency Member Bloom. and
Councilmember/ Agency Member Katz, to adopt Resolutions 10181
(CCS) and No. 497 (RAS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Council/Agency Member Bloom, Katz, McKeown,
O'Connor, Genser, Chair/Mayor Pro Tern Shriver,
Chair/Mayor Holbrook
None
None
Motion by Councilmember/Agency Member O'Connor. and
Councilmember/ Agency Member Katz, to authorize the City Manager/
Executive Director to negotiate and execute a Cooperation Agreement
and appropriate funds. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Council! Agency Member Bloom, Katz, McKeown,
O'Connor, Genser, Chair/Mayor Pro Tern Shriver,
Chair/Mayor Holbrook
None
None
ADJOURNMENT OF
SPECIAL MEETING
On order of the Mayor, the joint meeting of the City Council and the
Redevelopment Agency was adjourned at 9:28 p.m., and the regular City
Council meeting was reconvened, with all members present.
NAMING OF NEW CITY 8-E: Recommendation to select names for the new City parks
PARKS located on Euclid Street and at the Santa Monica Airport.
Member of the public Jerry Rubin discussed the various suggestions and
made recommendations.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
name the parks respectively "Airport Park" and "Euclid Park." The
motion was approved by the following vote:
9
October 24,2006
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
NEW CULTURAL PLAN 8-F: Recommendation to appoint up to three Councilmembers to
participate in the final community workshop to review preliminary
recommendations for the new cultural plan, was presented.
There was no one present for public comment.
On order of the Mayor, and Councilmember McKeown having indicated
an interest in participating, Councilmember McKeown was unanimously
appointed to participate in the workshop, with all members present.
COUNCIL ITEMS:
13-A: Annual appointments to the following Boards and
Commission:
Board/Commission
Bayside District Corp.
No. of Appts.
1
Term Ending
06/30/2010
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Brian Strasburger.
Councilmember Genser nominated Debbie Arvesen.
Mr. Strasburger was appointed by the following vote:
Strasburger: Councilmembers Katz, Bloom, Mayor Pro Tern Shriver,
Mayor Holbrook
Arvesen: Councilmembers Genser, O'Connor, McKeown
Councilmember O'Connor requested her vote be changed to Strasberger
for a final vote as follows:
Strasburger: Councilmembers Katz, Bloom, O'Connor, Mayor Pro
Tern Shriver, Mayor Holbrook
Arvesen: Councilmembers Genser, McKeown
ConventionNisitors Bureau
1
06/30/2010
On order of the Mayor, the floor was opened for nominations.
10
October 24, 2006
PUBLIC INPUT:
ADJOURNMENT:
Councilmember O'Connor nominated Jeffrey Jarow.
Councilmember Genser nominated Sherrill Kushner.
Mr. Jarow was appointed by the following vote:
Jarow:
Councilmembers O'Connor, Katz, Bloom, Mayor Pro
Tern Shriver, Mayor Holbrook
Councilmembers Genser, McKeown
Kushner:
Councilmember Genser requested his vote be changed for Mr. Jarow, for
a final vote as follows:
Jarow:
Councilmembers Genser, O'Connor, Katz, Bloom, Mayor
Pro Tern Shriver, Mayor Holbrook
Councilmember McKeown
Kushner:
Members of the public Pro Se and Melvin Ross expressed various
concerns and discussed various issues.
On order of the Mayor, the City Council meeting was adjourned at 9:45
p.m.
~~~
Maria M. Stewart
City Clerk
APPROVED:
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Robert T. Holbrook
Mayor
11
October 24,2006