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M-120908CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 9, 2008 A regular meeting of the Santa Monica City Council was called to order by Mayor Katz at 6:11 p.m., on Tuesday, December 9, 2008, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Herb Katz Mayor Pro Tem Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Bobby Shriver 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 6:11 p.m., with all members present. Boy Scout Aiden Metz and Boy Scout Pack 67 led the assemblage in the Pledge of Allegiance. INSTALLATION OF A: Resolution adopting results of November 4, 2008, NEW OFFICERS: municipal election -recommendation to adopt Resolution No. 10370 (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 4, 2008, AND DECLARING THE RESULTS THEREOF," was presented. Members of the public Joy Fullmer, Jerry Rubin, Pro Se and M. Ross commented on the results of the election. Motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to approve recommendation and adopt resolution reading by title only, waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Connor, Genser, December 9, 2008 Shriver, Holbrook, Mayor Pro Tem Bloom, Mayor Katz NOES: None ABSENT: None ADJOURNMENT OF On order of the Mayor, the City Council, as presently constituted, was CURRENT COUNCIL adjourned, and the meeting was turned over to City Clerk Maria M. Stewart. ATTEST: APPROVED: Maria M. Stewart Herb Katz City Clerk Mayor ADMINISTRATION OF B: Administration of oath of office to new members of the OATH OF OFFICE TO Santa Monica College Board of Trustees. NEWLY ELECTED OFFICIALS 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 Council. CONVENING OF NEW On order of the Clerk, the City Council, as newly constituted, was CITY COUNCIL: called to order. ELECTION OF MAYOR City Clerk Stewart opened the floor for nominations for Mayor for the ensuing two years. Councilmember O'Connor nominated Councilmember Genser as Mayor for the ensuing two years. Councilmember Katz nominated Councilmember Genser as Mayor for one year. Councilmember Genser was elected as Mayor for the ensuing two 2 December 9, 2008 years by the following vote: Two Years: Councilmembers McKeown, O'Connor, Bloom, Censer One Year: Councilmembers Holbrook, Shriver, Katz Councilmembers Holbrook and Katz requested to change their vote in favor of Councilmember Genser being Mayor for two years, thereby electing Councilmember Censer by the following vote: Two Years: Councilmembers McKeown, O'Connor, Bloom, Censer, Holbrook, Katz One Year: Councilmember Shriver NEW MAYOR ASSUMES Mayor Censer assumed the Chair and opened the floor for CHAIR nominations for Mayor Pro Tem. Councilmember Bloom nominated Councilmember O'Connor as Mayor Pro Tem for two years. There being no other nominations, Councilmember O'Connor was elected as Mayor Pro Tem by acclamation, with all members present. END OF INSTALLATION On order of the Mayor, the City Council meeting continued with the OF NEW OFFICERS regular agenda. CONSENT CALENDAR: 1-A: Purchase of Biodiesel Fuel -recommendation to approve an extension of the current purchase order with General Petroleum to supply and deliver B2Q B50 and B99 biodiesel fuel blends to the Big Blue Bus Department and the Fleet Management Division fora 60 day period beginning January 24, 2009, was presented. Member of the public Joey Fullmer commented on the recommendation. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Katz, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Shriver, Holbrook, Katz, Mayor Pro Tem O'Connor, Mayor Censer NOES: None ABSENT: None December 9, 2008 RECESS On order of the Mayor, the City Council recessed at 6:53 p.m. to a special meeting of the Redevelopment Agency and reconvened at 6:58 p.m., with all members present. CLOSED SESSIONS: On order of the Mayor, the closed sessions were continued to a future meeting. 2-A: Conference with Legal Counsel -Existing Litigation: In the Matter of Compliance with Federal Obligations by the City of Santa Monica, California, FAA Docket No. 16-02-08. ACTION: Not Heard. 2-B: Conference with Legal Counsel -Existing Litigation: United States of America and Peters v. City of Santa Monica, USDC, Case No. CV08-02695 CW(Ex). ACTION: Not Heard. 2-C: Conference with Legal Counsel -Existing Litigation: Smiley v. City of Santa Monica, Case No. BC394492. ACTION: Not Heard. 2-D: Anticipated Litigation: Anticipate significant exposure. to litigation Pursuant to Government Code Section 54956.9(b): 161 Ocean Park Boulevard. ACTION: Not Heard. 2-E: Conference with Legal Counsel -Existing Litigation: Larry Gulihur v. City of Santa Monica, Superior Court Case Number SC 095055. ACTION: Not Heard. STUDY SESSION: 3-A: Status update on Fire Dispatch Evaluation and Comparative Study, was presented. There was no one present for public comment. On order of the Mayor, the information was received and filed. December 9, 2008 SPECIAL ITEMS: 4-A: A commendation to den Cub Scout mother Meighan Maguire was presented by Mayor Genser, for her dedication and hard work with the Cub Scouts Organization. STAFF ITEMS: 8-A: Extended Commercial Events Policy -recommendation to COMMERCIAL EVENTS approve revisions to the policy regarding extended commercial use of POLICY the beach parking lot at 1550 Pacific Coast Highway to provide more flexibility in event selection, approve extended commercial event selection guidelines, and authorize the award of license agreements in accordance with the approved guidelines, was presented. Motion by Councilmember McKeown. seconded by Councilmember Katz, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, McKeown, Shriver, Holbrook, Katz, Mayor Pro Tem O'Connor, Mayor Genser NOES: None ABSENT: None COUNCIL ITEMS: 13-A: Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2012. On order of the Mayor, the floor was opened for nominations to the Social Services Commission. Councilmember Bloom nominated Jeff Silberman. There being no other nominations, Mr. Silberman was nominated by acclamation, with all members present. PUBLIC INPUT: Member of the public Pro Se commented on local matters. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 7:19 p.m. TEST: Maria M. Stewart City Clerk APPROVED: Ken Genser Mayor December 9, 2008