M-022409CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 24, 2009
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:50 p.m., on
Tuesday, February 24, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Robert T. Holbrook
Councilmember Bobby Shriver (arrived at 6:12 p:m.)
Councilmember Kevin McKeown
Appointed: Councilmember Gleam Davis
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 5:50 p.m., with
Councilmember Shriver absent. Deputy City Manager Elaine
Polachek 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.
Member of the public Joey Fullmer commented on various Consent
Calendar items.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, 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 Bloom, Holbrook, McKeown, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
February 24, 2009
MINUTES 1-A: The minutes of the January 27, 2009, City Council meeting were
approved as submitted.
CEMETERY AND 1-B: Cemetery and Mausoleum Perpetual Care Investment
MAUSOLEUM Management services -recommendation to authorize the City Manager
to negotiate and execute Contract No. 9039 (CCS) with RNC Genter
Capital Management for investment management of the Cemetery and
Mausoleum perpetual care funds, was approved.
HOMELESS MGMT. 1-C: Homeless Management Information Systems -
INFORMATION SYSTEM recommendation to authorize the City Manager to negotiate and execute
amendments to the following contracts: Agreement No. 8903 (CCS)
with Bowman Systems, from a total of $120,770 to a total of $149,270
for the first year; Contract No. 8825 (CCS) with Canavan Associates,
from a total of $81,402, to a total of $107,902; and Contract No. 8407
(CCS) with Chris Former, from a total of $64,800 to a total amount of
$78,100 through June 30, 2009, for System related services, was
approved.
CITY INVESTMENT On order of the Mayor, the City Council recessed its regular meeting and
POLICY reconvened to a joint meeting with the Redevelopment Agency at 5:53
p.m., with Councilmember Shriver absent.
1-D: Annual update on City Investment Policy -recommendation
for Council to approve a revised investment policy; extend delegation of
investment authority to Director of Finance as City Treasurer; and adopt
Resolution No. 10381 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA UPDATING LIST OF PERSONS AUTHORI-
ZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL
AGENCY INVESTMENT FUND." Recommendation for the
Redevelopment Agency to adopt Resolution No. 515 (RAS) entitled: "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA ESTABLISHING A NEW ACCOUNT
WITH THE STATE LOCAL AGENCY INVESTMENT FUND," was
presented.
There was no one present for public comment.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
O'Connor, to approve staff recommendation and adopt Resolution No.
10381 (CCS), reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
2 February 24, 2009
AYES: Councilmembers Bloom, Holbrook, McKeown, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmember Shriver
Motion b~gency Member Holbrook, seconded by Agency Member
Bloom, to approve staff recommendation and adopt Resolution No. 515
(RAS), reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Agency Members Bloom, Holbrook, McKeown, Chair Pro
Tem O'Connor, Chair Genser
NOES: None
ABSENT: Agency Member Shriver
ADJOURNMENT OF On order of the Mayor, the joint meeting with the Redevelopment
SPECIAL JOINT MEETING Agency was adjourned and the regular meeting of the City Council
reconvened and recessed to closed sessions at 5:56 p.m.
CLOSED SESSIONS: On order of the Mayor, the City Council recessed to consider closed
sessions and returned at 7:09 p.m., to report the following:
Councilmember Shriver
arrived at 6.•12 p. m. 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: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CVOS-02695 CW(Ex).
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel -Existing Litigation: In the
Matter of Compliance with California Code of Regulations, Title 13,
Sections 2190 et seq. and 2023.w(b)(1), by the City of Santa Monica,
California Air Resources Board Letter Dated October 23, 2008.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Existing Litigafion: Curtis
v. City of Santa Monica, Los Angeles Superior Court Case Number
SC 097 697.
February 24, 2009
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Holbrook, to approve Settlement No. 9040 (CCS) in the amount of
$700,000. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Holbrook, Bloom, Mayor
Pro Tem O'Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Shriver
ABSENT: None
2-E: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to Government
Code Section 54956.9(b): Proposal for Ordinance Banning Single
Use, Carry Out Plastic Bags.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation Pursuant to Government
Code Section 54956.9Lb): Pier Sign.
ACTION: Heard. No reportable action taken.
STUDY SESSION: 3-A: Mini Blue Branding Options -recommendation to review and
MINI BLUE BRANDING provide comment, direction and feedback on three options under
consideration for the new Mini Blue branding, was presented.
There was no one present for public comment.
Discussion ensued on the presentation and options provided by staff.
Councilmembers commented on their preference and their concerns.
Collective direction was given to staff.
On order of the Mayor, the information was received and filed.
SPECIAL ITEMS: 4-A: Recommendation to appoint an applicant to the unscheduled
APPOINTMENT TO vacancy on the City Council; or, adopt a resolution calling Special
COUNCIL VACANCY Election to fill vacancy through November 2010, was presented.
The following members of the public commented on the pros and cons of
an appointment v. an election and on their preference for a candidate:
Joey Fullmer, Pro Se, Gordon Potik, Jerry Rubin, Primo De Jesus, Jon
Mann, Lauralee Asch, Steven Rodman, Gale Feldman, Sean Milliken,
Linda Armstrong, Dish Taylor, Bobbe Houston, Kathy Knight, Susan
February 24, 2009
Hartley, Nina Fresco, Lori Nafshun, Zina Josephs, John Blakely, Jan
Goodman, Jerry Manpearl and Mary Marlow.
Discussion ensued on the benefits of an appointment and of holding a
special election. On order of the Mayor, the floor was opened for
nominafions.
Councilmember McKeown nominated Ted Winterer.
Mayor Pro Tem O'Connor nominated Gleam Davis.
Mavor Genser nominated Patricia Hoffman.
No one was appointed for lack of a majority vote as follows:
Winterer: Councilmembers McKeown, Shriver, Holbrook
Davis: Mayor Pro Tem O'Connor
Hoffman: Councilmember Bloom, Mayor Genser
Mavor Pro Tem O'Connor nominated Gleam Davis.
Councilmember Shriver nominated Ted Winterer.
Councilmember Bloom nominated Patricia Hoffman.
No one was appointed for lack of a majority vote as follows:
Winterer: Councilmembers McKeown, Shriver, Holbrook
Davis: Mayor Pro Tem O'Connor
Hoffinan: Councilmember Bloom, Mayor Genser
Councilmember Bloom nominated Gleam Davis
Councilmember Shriver nominated Ted Winterer
Mavor Genser nominated Patricia Hoffman.
No one was appointed for lack of a majority vote as follows:
Winterer: Councilmembers McKeown, Shriver, Holbrook
Davis: Councilmember Bloom, Mayor Pro Tem O'Connor
Hoffman: Mayor Genser
Councilmember Bloom nominated Gleam Davis.
Mavor Genser nominated Patricia Hoffman.
Councilmember McKeown nominated Ted Winterer..
No one was appointed for lack of a majority vote as follows:
February 24, 2009
Winterer: Councilmembers McKeown, Shriver
Davis: Councilmembers Holbrook, Bloom, Mayor Pro Tem
O'Connor
Hoffman: Mayor Genser
Councilmember McKeown nominated Patricia Hoffman.
Councilmember Shriver nominated Ted Winterer.
Mavor Pro Tem O'Connor nominated Gleam Davis.
No one was appointed for lack of a majority vote as follows:
Winterer: Councilmember Shriver
Davis: Councilmembers Holbrook, Bloom, Mayor Pro Tem
O'Connor
Hoffinan: Councilmember McKeown, Mayor Genser
Motion by Councilmember Shriver, seconded b~Councilmember
Holbrook, to adopt a resolution calling a special election. The motion
failed by the following vote:
AYES: Councilmembers Shriver, Holbrook
NOES: Councilmembers McKeown, Bloom, Mayor Genser
ABSTAIN: Mayor Pro Tem O'Connor
ABSENT: None
Councilmember McKeown nominated Patricia Hoffman.
Councilmember Shriver nominated Ted Winterer.
Mayor Pro Tem O'Connor nominated Gleam Davis.
No one was appointed for lack of a majority as follows:
Winterer: Councilmember Shriver
Davis: Councilmembers Holbrook, Bloom, Mayor Pro Tem
O'Connor
Hoffman: Councilmember McKeown, Mayor Genser
Councilmember Holbrook nominated Nat Trives.
Councilmember Shriver nominated Ted Winterer.
Mavor Pro Tem O'Connor nominated Gleam Davis.
Councilmember McKeown nominated Patricia Hoffman.
No one was appointed for lack of a majority vote as follows:
6 February 24, 2009
Trives: Councilmember Holbrook
Winterer: Councilmember Shriver
Davis: Mayor Pro Tem O'Connor
Hoffman: Councilmembers Bloom, McKeown, Mayor Genser
Councilmember Shriver nominated Ted Winterer.
Councilmember Bloom nominated Gleam Davis.
Councilmember McKeown nominated Patricia Hoffman.
Ms. Davis was appointed by the following vote:
Winterer: Councilmember Shriver
Davis: Councilmembers Bloom, Holbrook, Mayor Pro Tem
O'Connor, Mayor Genser
Hoffman: Councilmember McKeown
Councilmember McKeown requested to change his vote to Ms. Davis.
Councilmember Holbrook requested to change his vote to Mr. Winterer,
for a final vote as follows:
Winterer: Councilmember Shriver, Holbrook
Davis: Councilmembers Bloom, McKeown, Mayor Pro Tem
O'Connor, Mayor Genser
Hoffman: None
OATH OF OFFICE FOR City Clerk Maria Stewart administered the oath of office to newly
APPOINTED COUNCIL appointed Councilmember Gleam Davis. Councilmember Davis
MEMBER
assumed her seat.
ROLL CALL OF NEWLY- On order of the Mayor, the City Clerk called the roll of the City Council
CONSTITUTED as newly-constituted, with all members present. On order of the Mayor,
COUNCIL the regular City Council meeting continued.
ORDINANCES:
7-A: Second reading and adoption of Ordinance No. 2284 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 2.24.073 AS IT APPLIES
TO PROFESSIONAL CONTRACTS FOR LEGAL SERVICES," was
presented.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to adopt ordinance as presented, reading by title only and
waiving fi~rther reading thereof. The motion was approved by the
following vote:
February 24, 2009
AYES: Councilmembers Bloom, Holbrook, Shriver, Davis,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
STAFF ITEMS: 8-A: Item withdrawn.
RULES OF ORDER FOR 8-B: Resolution No. 10382 (CCS) entitled: "A RESOLUTION OF
COUNCIL MEETING THE CITY OF SANTA MONICA AMENDING THE RULES OF
ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION NUMBER
10290(CCS)," clarifying the time of Council meeting resumption
after closed sessions, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
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 McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
ANNUAL REPORTS 8-C: Scheduling of annual reports from Council-appointed Boards
FROM BOARDS AND and Commissions -recommendation to consider options for scheduling
COMMISSIONS annual report presentations from Boards and Commissions to the City
Council, and direct staff to return with a revision to Resolution No. 9451
(CCS) that sets forth various policies for Boards and Commissions, was
presented.
There was no one present for public comment.
Discussion ensued regarding the merits of the different options provided,
the practicality of scheduling extra meetings, and the extent of the need to
receive annual reports from all boards and commissions as opposed to
receiving information from boards and commissions as needed.
After considerable discussion, on order of the Mayor and with the
consensus of Council, no action was taken on this matter.
February 24, 2009
COUNCIL LIAISONS 8-D: Role of Council Liaisons to Boards, Commissions and
TO BOARDS AND Taskforces -recommendation that the City Council review and, either
COMMISSIONS approve or modify, the attached draft of a proposed letter to Board,
Commission and Taskforce members conveying information about the
role of Council liaisons, was presented.
Member of the public Amy Bishop Dunbar commented in favor of the
proposal.
Considerable discussion ensued on the information the proposed letter
should contain to advise board and commission members of the
opportunities and methods available to communicate with the City
Council.
On order of the Mayor, and with the consensus of Council, staff was
directed to modify the letter to include information on how boards and
commissions may communicate with Council via the agenda or at public
comment; the availability of the long-term agenda to find out the
upcoming items on the City Council agenda; and to caution when
members are speaking as individuals or on behalf of the Commission/
City.
PUBLIC HEARINGS: 9-A: Public Hearing concerning Big Blue Bus Tide Ride and
BBB TIDE RIDE AND Annenberg Beach House Service -recommendation that City Council
ANNENBERG BEACH conduct a public hearing, receive public comment, and approve
HOUSE SERVICE implementation of a weekend Beach Ride Mini Blue service and asix-
month extension of the existing Tide Ride, was presented.
Members of the public Zina Josephs, Jerry Rubin and Gary Gordon
commented and expressed concerns regarding the proposed changes.
Motion by Councihnember Bloom, seconded by Mayor Genser, to
approve recommendation and direct staff to return at conclusion of the
first extension period and report on status of the program. The motion
was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor, Mayor Genser
NOES: None
ABSENT: None
9 February 24, 2009
COUNCIL ITEMS: 13-A: Appointment to one annual vacancy on the Pier Restoration
APPOINTMENT Corporation for a term ending November 11, 2012.
On order of the Mayor, this matter was continued to March 3, 2009.
DONATION TO SISTER 13-B: Request of Mayor Censer that the Council donate $ 7,500
CITY ASSOCIATION from its contingency fund to the Santa Monica Sister City
Association to support its international youth soccer tournament
which will be held in July, 2009, was presented.
Member of the public Joe Deering spoke in support of the request.
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
approve request. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Shriver, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Censer
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton, Pro Se and Amy Bishop Dunbar
discussed various local subjects.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:28
p.m., in memory of Reba Greenstein.
ATTEST: APPROVED:
~~M
Maria M. Ste a~ en Gense4
City Clerk
Mayor
10 February 24,2009