M-080806CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 8, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:48 p.m., on Tuesday, August 8, 2006, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Robert T. Holbrook
Councilmember Richard Bloom
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Absent: Mayor Pro Tem Bobby Shriver
Councilmember Ken Genser
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 Tem Shriver and Councilmember Genser absent.
Councilmember O'Connor 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 Pro Se and Joey Fullmer expressed
concerns regarding various Consent Calendar items.
At the request of Councilmember Katz, Item 1-C was removed
from the Consent Calendar.
Motion by Councilmember O'Connor, seconded by
Councilmember McKeown, to approve all items on the Consent
August 8, 2006
Calendar as presented except Item 1-C, reading resolutions by title
only and waiving further reading thereof The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Holbrook.
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
PIER REHABILITATION 1-A: Pier Structural Rehabilitation and Repair Project -
recommendation to authorize the City Manager to negotiate and
execute Contract No. 8621 (CCS) with John S. Meek Company, in
the amount of $1,949,865, for Phase III of the construction project;
and to execute Contract No. 8622 (CCS) with Moffatt & Nichol, in
the amount of $110,000, for construction management services,
was approved.
CHARNOCK AND 1-B: Charnock and Olympic Well Fields restoration project
OLYMPIC WELL - recommendation to authorize the City Manager to negotiate and
FIELDS execute sole -source Contract No. 8623 (CCS) with Worley
Parsons Komex, in the amount of $312,000, for engineering
support services for the project for FY 2006-07, was approved.
947 4`h STREET 1-D: Resolution No. 10163 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA
accepting and approving a final subdivision map for "bract No.
54094 to subdivide a property at 947 4th Street," was adopted.
CONGESTION MGMT. 1-E: Recommendation to hold a public heagand adopt
PLAN Resolution No. 10162 (CCS) entitled: "A ISOLUTION OF
THE CITY OF SANTA MONICA FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM AND ADOPTING THE LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089," was
approved.
SEWER PROJECT 1-C: Colorado/Ocean Avenue Sewer Relief Project -
recommenda-tion to set September 26, 2006, as the date to hold a
hearing to consider adoption of a Resolution of Necessity to
acquire a sewer easement for the Colorado/Ocean Avenue Sewer
Relief Project from Felcor Hotel Asset Company, LLC, for
property located at 120 Colorado Boulevard, site of the Holiday
Inn, was presented.
2 August 8, 2006
Councilmember Katz advised he removed this item from the
Consent Calendar related to the Hotel principals. Staff answered
questions from Councilmembers.
Motion by Councilmember Katz, seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Holbrook.
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
RECESS TO SPECIAL On order of the Mayor, the City Council recessed at 5:56 p.m., to a
REDEVELOPMENT special meeting of the Redevelopment Agency and reconvened to
AGENCY MEETING the regular City Council meeting at 5:58 p.m., to hear closed
sessions and report the following action, with Mayor Pro Tem
Shriver and Councilmember Genser absent.
CLOSED SESSIONS: 2-A: Conference with Legal Counsel - Existing Litigation:
City of Santa Monica v. Baron & Budd, P.C., Case No. BC 315
186.
ACTION: Heard. No reportable action taken.
2-13: City adv. Shell Oil Company (arbitration regarding
compliance with settlement agreement in City of Santa Monica
v. Shell Oil Co., Case No. 01CC4331).
ACTION: Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation:
Fifth/Arizona Investors, LLC v. City of Santa Monica, 2nd Civ.
No. B185512.
ACTION: Not heard.
2-1): Conference with Legal Counsel - Existing Litigation:
Jessica and Melin Cardenas v. City of Santa Monica, Case No.
BC 342 198.
ACTION: Heard. No reportable action taken.
August 8, 2006
2-E: Conference with Legal Counsel - Existing Litigation:
Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b): a
challenge to Ordinance Number 2191 (CCS) (affordable
housing requirements).
ACTION: Not heard.
2-F: Conference with Legal Counsel - Existing Litigation:
Palisades Beach Property Owners Assoc., Inc., et al. v. City of
Santa Monica, et al., Case No. BS 103 819.
ACTION: Not heard.
STUDY SESSION: 3-A: Homeless Update Report.
HOMELESS UPDATE
REPORT Consultant and former L.A. County Supervisor Ed Edelman
provided an update report on the regional efforts being conducted,
and answered questions of Councilmembers.
On order of the Mayor, the report was received and filed.
BIG BLUE BUS 3-13: Update on BBB Facility Expansion Project
FACILITY EXPANSION
On order of the Mayor, staff presented an update on the expansion
project for the Big Blue Bus and answered questions of
Councilmembers.
On order of the Mayor, the report was received and filed.
SPECIAL ITEMS: 4-A: City Manager P. Lamont Ewell introduced Eileen
Fogarty, the new Director of the Planning & Community
Development Department, and who will join the City on
September 25, 2006.
STAFF ITEMS: 8-A: Resolution No. 10160 (CCS) entitled: "A RESOLUTION
QUALIFIED MARIJUANA OF THE CITY OF SANTA MONICA PLACING BALLOT
INITIATIVE MEASURE ON THE NOVEMBER 7, 2006, MUNICIPAL
ELECTION MAKING ADULT, PERSONAL USE OF
MARIJUANA THE LOWEST LAW ENFORCEMENT
PRIORITY," was presented.
Member of the public Nicki La Rosa spoke in support of adopting
4 August 8, 2006
the ordinance.
Members of the public Jerry Rubin and Joe Fullmer expressed
various concerns related to the proposal.
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to adopt resolution, reading by title only
and waiving further reading thereof, and designating
Councilmembers Katz, Bloom, Genser and Mayor Pro Tem
Shriver (or their designees) to author the argument in opposition.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
TAXPAYER PROTECTION 8-13: Resolution No. 10158 (CCS) entitled: "A RESOLUTION
CHARTER AMENDMENT OF THE CITY OF SANTA MONICA PLACING A BALLOT
MEASURE ON THE NOVEMBER 7, 2006, MUNICIPAL
ELECTION AMENDING THE ARTICLE XXII, THE CITY OF
SANTA MONICA TAXPAYER PROTECTION AMENDMENT
OF 2000," was presented.
Members of the public Carmen Balber, Sue Griffin, and Bob Stern
spoke in opposition to the proposal.
Members of the public Jerry Rubin and Pro Se spoke in support of
the proposal.
Motion by Councilmember Holbrook. seconded by
Councilmember Katz, to adopt resolution reading by title only and
waiving further reading thereof, and designating Councilmembers
Bloom, Genser, Katz, and Mayor Pro Tem Shriver (or their
designees) to author an argument in support of the measure. The
motion was approved by the following vote:
AYES: Councilmembers Bloom, Katz, O'Connor, Mayor
Holbrook
NOES: Councilmember McKeown
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
CHARTER AMENDMENT 8-C: Resolution No. 10161 (CCS) entitled: "A RESOLUTION
5 August 8, 2006
RELATED TO DEPART- OF THE CITY OF SANTA MONICA SUPERSEDING
MENT HEAD STATUS AND RESOLUTION NO. 10158(CCS), AND PLACING A BALLOT
CIVIL SERVICE MEASURE ON THE NOVEMBER 7, 2006, MUNICIPAL
ELECTION AMENDING VARIOUS SECTIONS OF THE
CHARTER RELATED TO APPOINTMENT AND
CLASSIFICATION OF DEPARTMENT HEADS; PROCESS
FOR NON -PROMOTIONAL RECRUITMENTS; AND TIME
LIMITS ON TEMPORARY APPOINTMENTS," was presented.
There was no one present for public comment.
Motion by Councilmember Katz, seconded by Councilmember
O'Connor, to adopt the resolution, reading by title only and
waiving further reading thereof, and correcting a typo on Section 3.
The motion was approved by the following vote:
AYES: Councilmembers O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
PIER LEASING 8-D: Recommendation to approve the updated policy
GUIDELINES guidelines for the leasehold and license management of City
properties located on the Santa Monica Pier, was presented.
Members of the public Sandra Pettit and Ben Franz Knight spoke
in support of the recommendation.
Motion by Councilmember Member McKeown, seconded bX
Councilmember Katz, to approve recommendation.
Motion to amend by Councilmember Bloom, that as to the 250 ,
Building, any Request For Proposals (RFP) incorporate both the.
restaurant concept that has already been in the RFP's along with
the performance based concept so that there is a potential of
getting proposals for either uses. The motion was accepted as
friendly. The motion, as amended, was approved by the following
vote:
AYES: Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Holbrook
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
6 August 8, 2006
PRC WORKPLAN AND 8-E: Recommendation to approve the proposed Pier
BUDGET Restoration Corporation 2006-07 Budget and Work Plan, was
presented.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by
Councilmember Bloom, to approve recommendation. The motion
was approved by the following vote:
AYES: Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Holbrook
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
BAYSIDE DISTRICT 8-17: Bayside District Corporation's Work Plan and Budget
WORKPLAN AND for FY 2006-07, and amendment of By-laws - recommendation
BUDGET to approve the proposed budget and work plan, and approve the
proposed amendments to the By-laws, was presented.
Member of the public Joe Natoli spoke in opposition to the
recommendation.
Motion by Councilmember Bloom, seconded by Councilmember
Katz, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Katz, McKeown,
O'Connor, Mayor Holbrook
NOES: None
ABSENT: Councilmember Genser, Mayor Pro Tem Shriver
COUNCIL ITEMS: 13-A: Appointment to one special vacancy on the Social
Services Commission for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to September 12,
2006.
13-B: Annual appointments to the following boards and
commissions:
7 August 8, 2006
Board/Commission
Appts.
Term Ending
Bayside District Corporation
1
06/30/2010
Senior Community Comm.
2
06/30/2010
Comm.on Status of Women
1
06/30/2010
Convention & Visitors Bur.
1
06/30/2010
Rec. & Parks Comm.
1
06/30/2010
On order of the Mayor, this matter was continued to September 12,
2006.
PRO -CHOICE CITY 13-C: Request of Councilmember McKeown that the City of
CAMPAIGN Santa Monica join our Westside Cities Council of
Governments colleagues in West Hollywood as founding
members of the Pro -Choice City Campaign, reaffirming our
support of reproductive rights including women's right to
choose, was presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by
Councilmember Katz, to approve request. The motion was
unanimously approved by voice vote, with Councilmember Genser
and Mayor Pro Tem Shriver absent.
PUBLIC INPUT: Members of the public Mike Lavine, Art Casillas and Jerry Rubin
expressed various concerns.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at
10:07 p.m., in memory of John Smith, a former Assistant Human
Resources Director.
l ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
'a,/ A;�
Robert T. Holbrook
Mayor
8 August 8, 2006