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
',;
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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
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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
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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
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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,
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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,
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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
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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:
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Richard Bloom
Mayor
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December 5,2006