M-6/13/2006
CITY OF SANTA MONICA
CITY COUNCIL MlNUTES
JUNE 13, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:48 p.m., on Tuesday, June 13,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver (arrived at 6:40 p.m.)
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember 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 On order of the Mayor, the City Council convened at 5:48 p.m., with Mayor
Pro Tern Shriver absent Councilmember Katz led the assemblage in the
Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fullmer, Joe Natoli, and Jerry Rubin provided
input on various Consent Calendar items.
At the request of Council member Katz, Item I-A and I-F were removed
from the Consent Calendar.
Motion by Councilmember Genser, seconded by Councilmember O'Connor,
to approve all items on the Consent Calendar as presented except Items I-A
and I-F, reading resolutions by title only and waiving further reading
thereof The motion was approved by the following vote:
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June 13,2006
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
AFFORDABLE HOUSING I-B: Annual Adjustments to Affordable Housing Fee-
FEE recommendation to approve the proposed methodology for calculating the
annual adjustments to the Affordable Housing Fee as provided for in the
Municipal Code, was approved.
STORMWATER
DIVERSION
GRAPHIC DESIGN
SERVICES
BIO-DIESEL FUEL
PROJECT
BEACH CONCESSION
FIREFIGHTERS MOU
l-C: Montana Avenue and Wilshire Boulevard Storm water
Diversion Project - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract 73728 (Contract No. 8594
(CCS) with Los Angeles County for design and inspection services for the
project; Contract No. 8595 (CCS) with MIaden Buntich Construction, in the
amount of$4,533,595, for construction of the project; and approve an
appropriation of $984,358, was approved.
I-D: Graphic design services for environmental public outreach
activities - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8596 (CCS) with Cowan Communication Arts, in the
amount of $60,000, for Fiscal Year 2006-07, with a one year renewal
option, to provide graphic design services for public outreach activities and
programs, was approved.
l-E: Development and demonstration of bio-diesel fuel project -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8597 (CCS) with the South Coast Air Quality Management
District for participation in the demonstration project, was approved.
I-G: Beach Concession Agreement - recommendation to authorize the
City Manager to negotiate and execute Lease and Concession Agreement
No. 8598 (CCS) with Chaos Enterprises, Inc. (dba Perry's Cafe and
Rentals) for operation offour beach concessions, was approved.
I-H: Resolution authorizing Memorandum of Understanding
amendment for Firefighters - recommendation to adopt Resolution No.
10132 (CCS) authorizing the City Manager to execute an amendment to the
Memorandum of Understanding with the Santa Monica Firefighters
(Contract No. 7881 (CCS), Local 1109, IAFF, was approved.
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June 13, 2006
HISTORIC RESOURCES
INVENTORY
PLAN CHECK AND
INSPECTION SERVICES
I-A: Citywide update of Historic Resources Inventory -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8599 (CCS) with Jones & Stokes Associates, in the amount of
$280,000, to prepare a comprehensive update to the City's Historic
Resources Inventory, was presented.
Councilmember Katz advised he removed this matter from the Consent
Calendar to ask questions regarding the proposed period of time that is
being covered and why it does not go back to the year 1970. Staff answered
questions from Councilmembers.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
approve recommendation and give direction to staff to return with options
on how to maintain the inventory current, including an option of on-going
automatic updating. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
I-F: Provision of plan check and inspection services - recommendation
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 8430 (CCS) with California Code Check, in the amount of
$250,000, for plan check and inspection services; and an amendment to
Contract No. 8155 (CCS) with JAS Pacific, in the amount of $1,000,000,
for similar services, was presented.
Councilmember Katz advised that he removed this item from the Consent
Calendar to ask why the City is hiring contract employees instead of using
City employees and to express his concern about the quality of provision of
services. Staff answered questions from Councilmembers regarding hiring
practices, the state of the economy, current development needs, and the
need to comply with the demands of the Matrix project.
Motion by Councilmember GenseL seconded bv Councilmember Katz, to
approve recommendation only to the extent that it applies to balance of the
current fiscal year. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
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June 13, 2006
CLOSED SESSIONS:
Mayor Pro Tem Shriver
arrived at 6:40 p.m.
Members of the public Joe Natoli and Brian Hutchings opined as to the time
closed sessions are held and as to the merits ofItem 2-A and 2-G.
On order of the Mayor, the City Council recessed at 6:36 p.m., to hear
closed sessions and returned at 8:02 p.m., with all members present, to
report the following:
2-A: Public Employee Evaluation.
Title of Employee: City Clerk
ACTION:
Heard. No reportable action taken.
2-B: Conference with Real Property Negotiators
Property: remnant portion of 2101 21st Street
City Negotiator: Miriam Mack
Under Negotiations: Interest in Real Property
Owner of Record: City of Santa Monica
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation:
Margarita Gomez v. City of Santa Monica, Case No. SC 082581.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: Wendy
Mace" v. City of Santa Monica, Case No. SC 086932.
Motion by Councilmember O'Connor. seconded by Councilmember Genser,
to approve a settlement in the amount of $57,500, for a bike path injury.
The motion was approved by the following vote:
AYES:
Councilrnernbers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
2-E: Conference with Legal Counsel- Existing Litigation: Stewart
Lamie v. City of Santa Monica, Case No. CV 04-6355.
ACTION: Not heard.
4 June 13, 2006
2-F: Conference with Legal Counsel- Existing Litigation: Haruon
Mehdipour v. City of Santa Monica, Case No. SC 083537.
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
approve payment of verdict in this case int he amount of $1,900,295.43.
The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tem Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
2-G: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd, P.C., Case No. BC 315186.
ACTION:
Not heard.
2-H: Conference with Legal Counsel- Existing Litigation: City adv.
Shell Oil Company (arbitration regarding compliance with settlement
agreement in City of Santa Monica v. Shell Oil Co., Case No.
01CC4331).
ACTION:
Not heard.
2-1: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): an
estoppel and related claim(s) involving real property located at 923 20th
Street.
ACTION:
Heard. No reportable action taken.
STUDY SESSION:
3-A: Homeless Update Report, was presented by staff members.
On order of the Mayor, the information was received and filed.
SPECIAL ITEMS:
4-A: Mayor Holbrook issued a proclamation recognizing National
Clean Beaches Week from June 29 to July 5, 2006, and encouraging all
residents to visit, enjoy, and protect our greatest natural resource.
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June 13, 2006
ORDINANCES:
LAND USE PERMIT
ENFORCEMENT
7-A: Second reading and adoption of Ordinance No. 2189 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 1.08.040 TO THE MUNICIPAL CODE
RELATING TO ENFORCEMENT OF LAND USE PERMIT
CONDITIONS BY PRIVATE CIVIL ACTIONS AGAINST
PROPERTY OWNERS, was presented.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to adopt 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
NOES: None
ABSENT: None
CHARITABLY FUNDED 7-B: Second reading and adoption of Ordinance No. 2190 (CCS)
FACILITIES - PROCESS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING CHAPTER 9.68 TO THE MUNICIPAL CODE RELATING TO
PERMIT PROCESSING RELATED TO THE DEVELOPMENT OF
CHARIT ABLY FUNDED, PUBLIC FACILITIES BY REQUIRING
EXPEDITED PROCESSING AND REVIEW, was presented.
Motion by Councilmember Katz. seconded by Covncilmember Genser, 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
NOES: None
ABSENT: None
AFFORDABLE HOUSING 7-C: Second reading and adoption of Ordinance No. 2191 (CCS)
REQUIREMENTS entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTIONS 9.56.020,9.56.030,
9.56.040, 9.56.050, 9.56.060, AND 9.56.070 TO MODIFY THE
OPTIONS FOR MEETING AFFORDABLE HOUSING
REQUIREMENTS TO REQUlRE THE ON SITE OR OFFSITE
DEVELOPMENT OF AFFORDABLE HOUSING UNITS IN
CONJUNCTION WITH MULTI-FAMILY OWNERSmP HOUSING
DEVELOPMENT IN MULTI-FAMILY RESIDENTIAL DISTRICTS
WITH SPECIFIED EXCEPTIONS;' was presented.
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June 13,2006
STAFF ITEMS:
PURCHASE - 402
COLORADO A VENUE
Motion by Mayor Holbrook. seconded by Councilmember Katz, that
Council waive its rules of not having public comment during second
readings of ordinances and hear public comment from members of the public
that have requested to be heard. The motion failed by the following vote:
AYES:
Councilmember Katz, Mayor Pro Tern Shriver, Mayor
Holbrook
Councilmembers Genser, O'Connor, McKeown, Bloom
None
NOES:
ABSENT:
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to adopt ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver
Councilmember Katz, Mayor Holbrook
None
NOES:
ABSENT:
8-A: Acquisition of Property located at 402 Colorado Avenue-
recommendation to adopt Resolution No. 10133 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING A
NEGATIVE DECLARATION FOR THE PURCHASE OF PROPERTY
LOCATED AT 402 COLORADO AVENUE"; authorize the City Manager
to execute a Letter of Intent to acquire said property owned by Sears
Holdings Company; authorize the City Manager to negotiate and execute
Purchase and Sale Agreement No. 8600 (CCS); and appropriate
$35,450,000 for acquisition of the property, was presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember O'Connor. seconded by Councilmember Katz, 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:
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June 13, 2006
FOOD-RELATED NON-
RECYCLABLESBAN
Motion by Councilmember Katz. seconded by Councilmember McKeown,
to authorize the City Manager to execute a Letter of Intent to acquire
property; to negotiate and execute a Purchase Agreement; and to
appropriate proposed funds. 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-B: Proposed ban of food-related expanded polystyrene and
direction on actions related to plastic grocery bags and other non-
recyclable plastic food packaging - recommendation to direct City
Attorney to prepare an ordinance to ban the use of food-related expanded
polystyrene food packaging within the City; direct that the food packaging
be'discontinued from use at all City facilities, City-managed concessions and
City-sponsored events; and provide staff with direction on possible
additional City actions related to plastic grocery bags and other non-
recyclable plastic food packaging, was presented.
The following members of the public spoke in opposition to the proposal:
Jeff Everett, Lanny, Andrew Casaria, Kenneth Hinett, Mike Levy, Tom
Knox, Sumantha Martinez, Thomas Hulseman, Jim Hayes, and Melinda
Amaya.
The following members of the public spoke in support of the proposal: Joy
Fullmer, Mark Gold, Janabe Amsden, Allan Lee Haskell, and Jerry Rubin.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to direct staff to prepare an ordinance banning all non-recyclable plastic food
and containers, excluding from the definition of packaging lids and straws,
direct that the use of such products be discontinued immediately from City
functions, and return with information on plastic bags. In addition, staff to
work on language and process for hardship exemptions.
Motion by Councilmember Genser to add a date for Council review of the
effects of the ordinance at some point in the future. The motion was
accepted as friendly.
The motion was approved by the following vote:
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June 13,2006
GENERAL ELECTION
NOVEMBER 7,2006
PROPOSED CHARTER
AMENDMENTS
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tem Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
8-C: Adoption of Resolutions related to the General Municipal
Election to be held on November 7, 2006 - recommendation that the City
Council adopt Resolution No. 10134 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA CALLING THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006";
Resolution No. 10135 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA REQUESTING CONSOLIDATION WITH THE
STATEWIDE GENERAL ELECTION"; Resolution No. 10136 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
REQUESTING SERVICES FROM THE L.A. COUNTY REGISTRAR-
RECORDER FOR THE GENERAL MUNICIPAL ELECTION'; and
Resolution No. 10137 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN
CONSULTANT SERVICES AND SUPPLIES REQUIRED FOR THE
CONDUCT OF THE ELECTION'; was presented.
Member of the public Brian Hutchings expressed various concerns.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Shriver, to
adopt resolutions, 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:
8-D: Ballot measures to remove Department Head positions from
Classified Service and convert positions to "At Will"; to remove
reference to specific Department Head positions; to grant City
Manager ultimate authority to make appointments to all Department
Head positions without obtaining approval of a Board or Commission;
to change the certification process for non-promotional recruitments;
and to eliminate the time limit on temporary appointments, were
presented.
There was no one present for public comment.
9
June 13, 2006
Discussion ensued on the merits fo the proposal, the positions considered,
the current Human Resources practices, the needs of the City, and the need
to include the City Clerk's position and department.
Motion by Mayor Pro Tern Shriver. seconded by Councilmember Bloom, to
approve recommendation.
Motion to amend by Councilmember Genser, amended to request staff to
place discussion of charter amendment proposal on relevant commissions'
agendas; ask for option that includes a time-standard for temporary
appointments; provide information on modifying or clarifying City Clerk's
status regarding civil service in order to establish a similar relationship that
the City Attorney and the City Manager have with Council, giving the City
Clerk civil service protection for discipline; and to include the same
consideration for the Assistant City Clerk's position, and other City Clerk
staff. The motion was accepted as friendly.
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:
COUNCIL ITEMS:
APPOINTMENTS
13-A: Appointment to one special vacancy on tbe Social Services
Commission for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to June 27,2006.
HISTORIC LANDMARKS 13-B: Request of Councilmember McKeown that tbe Council allocate,
WALKING TOUR from the remaining monies in the City Council contingency fund for
fiscal year 2005-2006, tbe amount of $10,500 to the Santa Monica
Conservancy, to publish materials for a downtown historic landmarks
walking tour; and, tbe amount of $30,000 to tbe 18tb Street Arts
Center, as matching funds toward their anticipated grant from tbe
California Cultural and Historical Endowment, was presented.
Members of the public Carol Limlein and Ian Williamson spoke in support of
the request.
Discussion ensued on the merits of the request, the past practice of Council
in approving similar requests, and the absence of process in approving these
types of funds.
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June 13, 2006
AB32
PUBLIC INPUT:
ADJOURNMENT:
Motion by Councilmember McKeown, seconded by Councilmember Bloom,
to approve request.
Substitute motion by Mayor Pro Tern Shriver, seconded by Councilmember
Katz, to encumber $33,560 in funds into next year's Council discretionary
account and notifY the public of its availability so proposals can be made to
Council for consideration. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Katz, Mayor Pro Tern Shriver,
Mayor Holbrook
Councilmembers Genser, McKeown, Bloom
NOES:
13-C: Request of Councilmember McKeown that the Council support
AB 32, the" California Global Warming Solutions Act of 2006," co-
authored by our own state representatives Assemblymember Fran
Pavleyand Senator Sheila Kuehl, and convey our City's support to the
Governor and appropriate state legislators, was presented.
Member of the public Brian Hutchings expressed various concerns.
Motion by Councilmember McKeown, seconded by Councilmember Genser,
to approve request. The motion was unanimously approved by voice vote,
with all members present.
Member of the public Art Casillas expressed concerns regarding security
issues with his neighbor.
On order of the Mayor, the City Council meeting was adjourned at 12:07
a.m., in memory of Chuck Allord, Santa Monica native, long time
neighborhood activist.
APPROVED:
~~
Maria M. Stewart
City Clerk
Robert T. Holbrook
Mayor
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June 13,2006