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M-12/5/2006 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 5, 2006 A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:57 p.m., on Tuesday, December 5, 2006, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Robert T. Holbrook Mayor Pro Tern Bobby Shriver Councilmember Richard Bloom Councilmernber Ken Genser Councilmember Herb Katz Councilrnernber Kevin McKeown Councilmember Pam O'Connor Also Present: City Manager P. Lamont Ewell City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE INSTALLATION OF NEW OFFICERS: On order of the Mayor, the City Council convened at 5:57 p.m., with all members present. Mayor Pro Tern Shriver led the assemblage in the Pledge of Allegiance. A: Resolution adopting results of November 7, 2006, municipal election - recommendation to adopt Resolution No. 10187 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE RESULTS OF THE OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL ELECTION HELD ON NOVEMBER 7,2006, AND DECLARING THE RESULTS THEREOF," including Ordinance No. 2214 (CCS) as Proposition V and Ordinance No. 2215 (CCS) as Proposition Y, was presented. Members ofthe public Jerry Rubin, Pro Se, Joe Natoli, and Joey Fullmer commented on the results of the election and on the selection of the new Mayor and Mayor Pro Tern. Motion by Councilmember Katz, seconded by Councilmember ',; 1 December 5, 2006 ADJOURNMENT OF CURRENT COUNCIL OA TH OF OFFICE TO NEWLY-ELECTED OFFICIALS CONVENING OF NEW CITY COUNCIL: Genser, to adopt resolution, 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: On order of the Mayor, the City Council, as presently constituted, was adjourned and the meeting was turned over to City Clerk Maria M. Stewart. B: Administration of oath of office to new members of the Santa Monica College Board of Trustees. C: Administration of oath of office to new Santa Monica- Malibu Unified School District Board of Education Members. D: Administration of oath of office to new Santa Monica Rent Control Board Members. E: Administration of oath of office to new Santa Monica City Council Members. City Clerk Stewart administered the oath of office to newly-elected officials of the Santa Monica College Board of Trustees, the School District's Board of Education, the City's Rent Control Board, and the City Councilmembers. On order of the Clerk, the City Council, as newly constituted, was called to order. City Clerk Stewart opened the floor for nominations for Mayor for the ensuing two years. Councilmernber O'Connor, nominated Councilmember Bloom as Mayor, and Councilmember McKeown as Mayor Pro Tern for the ensuing two years. Councilrnember Genser nominated Councilmember McKeown as Mayor, and Councilmember Katz as Mayor Pro Tern for the ensuing two years. Councilmember Holbrook nominated Councilmember Bloom and 2 December 5,2006 Councilrnember Katz for split terms, with Councilmember Bloom being Mayor the first year and Mayor Pro Tern the second year; and Councilmember Katz being Mayor the second year and Mayor Pro Tern the first year. All nominations failed by the following vote: Bloom/McKeown: McKeown/Katz: Bloom/Katz: Councilrnembers O'Connor, Bloom Councilmernbers Genser, McKeown Councilrnernbers Shriver, Katz, Holbrook Councilmember O'Connor requested to change her vote to Bloom/Katz. Councilmembers Bloom and Katz were appointed to split terms of Mayor and Mayor Pro Tern with Councilmember Bloom serving as Mayor the first year and as Mayor Pro Tem the second year; and Councilrnember Katz serving as Mayor the Second year and as Mayor Pro Tern the first year by the following vote: Bloom/McKeown: McKeown/Katz: Bloom/Katz: Councilrnember Bloom Councilmembers Genser, McKeown Councilmernbers Shriver, Katz, Holbrook, O'Connor END OF INSTALLATION Mayor Bloom assumed the Chair at 6:47 p.m., and continued with the OF NEW OFFICERS regular adjourned meeting. CONSENT CALENDAR: Members of the public Jerry Rubin, Joy Fullmer and Joe Natoli commented on various Consent Calendar Items. Motion by Councilmember Holbrook. seconded by Councilrnernber Katz, to approve all items on the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilrnembers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: I-A: Purchase of refuse trucks - recommendation to award Bid PURCHASE OF TRUCKS No. 2914 to Boerner Truck Center, in the total amount of $884,497.76, to furnish and deliver four refuse trucks, was approved. 908 17TH STREET I-B: Resolution No. 10188 (CCS) entitled: "A RESOLUTION OF 3 December 5, 2006 PIER JANITORIAL SERVICES HOMELESS INITIATIVES REPRESENTATIVE LANDFILL EXTRACTION SYSTEM RELIEF SEWER PROJECT CLOSED SESSIONS: THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 61923 FOR AN 8-UNIT CONDOMINIUM PROJECT AT 908 17TH STREET / 1620 IDAHO AVENUE," was adopted. l-C: Pier Janitorial Services - recommendation that Council authorize an increase to purchase order for L.A. Cha, in the amount of $125,600, for Pier janitorial services until a formal bidding process is completed, was approved. l-D: Contract Amendment for Special Representative for Homeless Initiatives - recommendation that Council authorize an amendment to Contract No. 8541 (CCS), in the amount of $200,000, with Edmund D. Edelman for services as the City's representative on homeless issues, was approved. 1- E: Landfill Extraction System at City Yards - recommendation that Council authorize the City Manager to negotiate and execute a second modification to Contract No. 8156 (CCS), in the amount of $60,000, with ICF Consulting Services, LLC, until award of formal bid in January 2007, was approved. l-F: Colorado/Ocean Avenue Relief Sewer Project- recommendation that Council authorize preparation and execution of Conveyance Agreement No. 8660 (CCS), for a sewer easement from FelCor Hotel Assets Company LLC at 120 Colorado Avenue for the Project; authorize payment of $171 ,000 for the easement; and cancel the December 12,2006, hearing to consider adoption of a Resolution of Necessity to acquire the easement through eminent domain, was approved. On order ofthe Mayor, the City Council recessed at 6:57 p.m., to consider closed sessions and returned at 8:03 p.m., with all members present, to report the following; 2-A: Conference with Real Property Negotiators: Property: 430 Arizona Avenue, 1324 5th and 1320 5th St. City Negotiator: Miriam Mack Under Negotiation: Interest in Real Property Owner of Record: Fifth/Arizona Investors, LLC ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel - Existing Litigation: Jesse 4 December 5, 2006 Dixon v. City of Santa Monica, Case No. BC 308831. Motion by Councilrnember Genser, seconded by Councilmernber O'Connor, to approve settlement on termination case in the amount of $315,000. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilrnernbers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None 2-C: Conference with Legal Counsel- Existing Litigation: June Shaw v. City of Santa Monica, Case No. SC 089111. Motion by Councilmember Holbrook, seconded by Mayor Pro Tern Katz, that regarding this trip and fall case, approve a settlement in the amount of $32,500. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None 2-D: Conference with Legal Counsel- Existing Litigation: Peter Withers v. City of Santa Monica, Case No. SC 087283. Motion by Councilmember O'Connor, seconded by Councilmernber Holbrook, that in this trip and fall case, approve a settlement in the amount of$97,500. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None 2-E: Conference with Legal Counsel - Existing Litigation: Alfred Reyes v. City of Santa Monica, Case No. SC 088032. Motion by Councilrnember O'Connor, seconded by Councilmember Holbrook, that in this bus accident case, approve a settlement in the amount of $75,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Shriver, 5 December 5, 2006 NOES: ABSENT: Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None 2-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Baron & Budd. P.c., Case No. BC 315186. ACTION: Heard. No reportable action taken. 2-G: 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). City Attorney Marsha Moutrie advised that the following settlement agreement had been reached in this matter, and that it required Council approval: 1. The oil companies would pay $131 million to an escrow account. $31 million from the account would be immediately available to cover specific costs that the oil companies are obligated to pay under the 2003 agreement. The City would assume those obligations, including water replacement, monitoring, and certain risks. 2. Once the facility is providing clean water, any amount remaining in the account would be released to the City. 3. The settling defendants would also release certain conditions which currently limit access to amounts paid under the 2003 Settlement Agreement. 4. The City would have complete discretion and control over the design, construction and maintenance of the system. 5. The oil companies would remain liable for future spills. The City would assume responsibility for third party claims arising out of the construction and operation of the facility. 6. The 2003 settlement agreement would be replaced with the new agreement. 7. The new agreement would contain an arbitration clause applicable to disputes about its interpretation; the Orange County Superior Court will continue to retain jurisdiction. Motion by Councilmember Holbrook seconded by Councilmember Genser, to approve the settlement agreement as outlined by the City Attorney. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Shriver, 6 December 5, 2006 ORDINANCES: CHILD CARE LINKAGE NOES: ABSENT: Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None 2-H: Conference with Legal Counsel- Existing Litigation.!.... Santa Monica Food Not Bombs. etc.. et al. v. City of Santa Monica, Case No. CV 03-0032-R (JTLx). ACTION: Heard. No reportable action taken. 2-1: Conference with Legal Counsel - Existing Litigation: Or Khaim Hashalom v. City of Santa Monica. et aI., Case No. CV 06- 06932 ABC (FFMx). ACTION: Not Heard. 2-J: Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): three matters, including two involving real property at 1047 11 tb Street and 161 Ocean Park Boulevard. ACTION: Two heard. No reportable action taken. Matter regarding 161 Ocean Park not heard. 7-A: Second reading and adoption of Ordinance No. 2211 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 9.72 TO THE MUNICIPAL CODE ESTABLISHING THE CHILD CARE LINKAGE PROGRAM, THE CHILD CARE LINKAGE PROGRAM IMP ACT FEE, AND ESTABLISHING AN ADJUSTMENT AND WAIVER PROVISION,' was presented. Motion by Councilmernber Genser. seconded by Councilmember McKeown, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilrnembers McKeown, O'Connor, Shriver,' Genser, Mayor Bloom Councilmember Holbrook, Mayor Pro Tern Katz None NOES: ABSENT: Mayor Pro Tern Katz advised his vote wasn't against child care, that it 7 December 5, 2006 was against the amount of money imposed that is exorbitant. CUL TURAL ARTS REQUIREMENT 7-B: Second reading and adoption of Ordinance No. 2212 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTIONS 9.04.10.20 ET SEQ., TO CHAPTER 9.04 OF THE MUNICIPAL CODE ESTABLISHING THE PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT, AND ESTABLISHING AN APPEAL PROVISION"; and adoption of Resolution No. 10191 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE AVERAGE SQUARE FOOT COST OF CONSTRUCTION FOR DETERMINING COMPLIANCE WITH THE PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT," was presented. Motion by Councilmember McKeown. seconded by Councilmember O'Connor, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilrnembers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: Motion by Councilrnember McKeown. seconded by Mavor Pro Tern Katz, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmernbers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: LIMITATION OF GUEST 7-C: Second reading and adoption of Ordinance No. 2213 (CCS) ROOMS TO HOTELS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.08.06.020 TO INCREASE THE LIMIT A nON ON THE NUMBER OF GUEST ROOMS THAT CAN BE ADDED TO AN EXISTING HOTEL IN THE R2 AND THE R3 DISTRICTS," was presented. Motion by Councilmember McKeown. seconded by Councilmember Genser, to adopt the ordinance, reading by title only and waiving 8 December 5, 2006 further reading thereof. The motion was approved by the following vote: AYES: Councilrnernbers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: NON-RECYCLABLE PLASTIC BAN 7-D: Introduction and first reading of an ordinance banning non-recyclable plastic disposable food service containers, was presented. The following members of the public spoke in support of the proposed ordinance: Marcus Eriksen, Sara Laimon, Charles Moore, Allan Lee Haskell, Leslie Tamminen, Elana Sitrin, Kirsten James, Jana Y onat Summer, Randi Parent, Sarah Abramson, Stephanie Barger, Willa Robinette, Benar Geer, Mark Gold, Jerry Rubin, Janabai Amsden, and Lawrence Siegfried. The following members of the public relayed concerns and suggestions regarding the proposal: Jim Lynch, Joe Natoli, Luis Campos and Vahe Monoukian. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to introduce the ordinance, expressing Council's intent that staff pay particular attention to small businesses as related to the hardship exemption, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmernbers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: ST AFF ITEMS: 8-A: Status report on Community Gardens Program - COMMUNITY GARDENS recommendation that Council review and comment on options for PROGRAM developing increased community garden opportunities in the City and implement a ban on genetically engineered plants, was presented. The following members of the public spoke in support of the recommendation: Neil Carrey, Jerry Rubin, Susan McCorry, and Carol Hetrick. Motion by Councilmernber McKeown, seconded by Mayor Pro Tern 9 December 5,2006 REDEVELOPMENT AGENCY ANNUAL REPORT ADJOURNMENT OF SPECIAL MEETING RESOLUTIONS: CITY CLERK'S STAFF - CLASSIFIED STATUS Katz, to direct that a ban be imposed on genetically engineered plants in Community Gardens. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Shriver, Genser, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY: On order of the Mayor, the regular City Council meeting was recessed to a special joint meeting with the Redevelopment Agency at 10:00 p.m., with all members present. 8-B: Annual report for fiscal year 2005-2006 for the Redevelop- ment Agency of the City of Santa Monica, was presented. There was no one present to speak. Motion by Agency/Councilrnember Genser, seconded by Agency/ Councilmember O'Connor, that Council receive the Annual Report and that the Redevelopment Agency direct the Executive Director to transmit the report to the Controller of the State of California. The motion was approved by the following vote: AYES: Agency/Councilmembers McKeown, O'Connor, Shriver, Genser, Holbrook, Chair/Mayor Pro Tern Katz, Chair/Mayor Bloom None None NOES: ABSENT: On order of the Mayor, the Special Joint Meeting with the Redevelopment Agency was adjourned at 10:05 p.m., and the regular Council meeting was continued with all members present. II-A: Resolution No. 10189 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA PRESERVING THE CLASSIFIED STATUS OF CITY EMPLOYEES IN THE CITY CLERK'S OFFICE OTHER THAN THE ASSISTANT CITY CLERK," was presented. Member of the public Howard Lieberman spoke in support of the 10 December 5, 2006 resolution. Motion by Councilmember Genser. seconded by Councilrnember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, O'Connor, McKeown, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: Motion by Councilmernber Genser. duly seconded, to direct staff to confer with the appropriate bargaining unites) to explore other options that might make all parties feel more secure. The motion was unanimously approved by voice vote. ASSISTANT CITY CLERKII-B: Resolution No. 10190 (CCS) entitled: "A RESOLUTION OF SALARY ADJUSTMENT THE CITY OF SANTA MONICA APPROVING SALARY ADJUSTMENT FOR ASSISTANT CITY CLERK," was presented. There was no one present for public comment. Motion by Councilmernber Genser. seconded by Mayor Pro Tern Katz, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, Shriver, O'Connor, McKeown, Holbrook, Mayor Pro Tern Katz, Mayor Bloom None None NOES: ABSENT: COUNCIL ITEMS: APPOINTMENTS 13-A: Annual appointments to Commission for the Senior Community. On order of the Mayor, the floor was opened for nominations. Councilmember Holbrook nominated Ursula M. Fox (for the over 60 seat) and Elizabeth Wilson. Ms. Fox and Ms. Wilson were appointed by acclamation, with all members present. RESIGNATIONS 13-B: Recommendation to accept Deborah Levin's resignation 11 December 5, 2006 from the Landmarks Commission and authorize the City Clerk to publish the vacancy. On order of the Mayor, and at the request of Councilmember McKeown, this item was continued to January 9, 2007. 13-C: Request of Councilmember Pam O'Connor that Councilmember Herb Katz be appointed as the alternate member to the Exposition Construction Authority Board of Directors, was presented. Motion by Councilmember O'Connor, seconded by Councilmember Shriver, to approve request. The motion was unanimously approved by voice vote, with all members present. Members of the public Pro Se and Art Casillas commented on various subjects. PUBLIC INPUT: ADJOURNMENT: On order ofthe Mayor, the City Council meeting was adjourned at 10:26 p.m. ~--L:T:~ ~~ Maria M. Stewart City Clerk APPROVED: (') ~ ....'Z ;"">~{J . Richard Bloom Mayor 12 December 5,2006