M-063009CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JiJNE 30, 2009
A special meeting of the Santa Monica City Council was called to order by Mayor Genser at 5:55 p.m.,
on Tuesday, June 30, 2009, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tem Pam O'Connor (arrived at 6:21 p.m.)
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Absent: Councilmember Kevin McKeown
Councilmember Bobby Shriver
Also Present: City Manager P. Lamont Ewel]
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVENE/PLEDGE On order of the Mayor, the City Counci] convened at 5:53 p.m., with
Mayor Pro Tem O'Connor, Councilmember McKeown, and
Councilmember Shriver absent. Mr. Barry Seid 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 and Pro Se commented on various
Consent Calendar items.
Motion by Councilmember Holbrook, seconded by Councilmember
Davis, 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 Davis, Holbrook, Bloom, Mayor Genser
NOES: None
ABSENT: Councilmembers McKeown, Shriver, Mayor Pro Tem
O'Connor
June 30, 2009
DARK FIBER LEASE 1-A: Dark Fiber Lease -recommendation to authorize the City
Manager to negotiate and execute Contract No. 9081 (CCS) with
Abovenet Communications Inc., for the lease of dark fiber in an amount
not to exceed $302,700.00 over a five year term, was approved.
CREDIT CARD 1-B: Credit Card Processing Services - recommendation to
PROCESSING SERVICES authorize the City Manager to reinstate Contract No. 9082 (CCS) with
Transfirst, LLC, to provide credit card payment processing services to the
City for payments by members of the public to the City for fees and
services and to extend the term of the contract to December 31, 2009,
was approved.
LOBBYING SERVICES 1-C: Federal representative and lobbying services -
recommendation to authorize the City Manager to execute a modification
to Contract No. 8942 (CCS) with The Ferguson Group, LLC, in the
amount of $389,350, to extend the contract term from one year to five
years, was approved.
LABOR AND 1-D: Legal services for assistance with labor and employment law
EMPLOYMENT LAW -recommendation to authorize the City Manager to negotiate and
execute retainer Agreement No. 9083 (CCS) with Atkinson, Adelson,
Loya, Ruud & Romo Law Firm, in the amount of $100,000; and
Agreement No. 9084 (CCS) with Liebert Cassidy Whitmore, in the
amount of $140,000, for assistance with workplace investigations, labor
and employment law, both for FY 2009-2010, was approved.
EXECUTIVE PAY PLAN 1-E: Resolution No. 10414 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE EXECUTFVE
PAY PLAN", was adopted.
REDEVELOPMENT On order of the Mayor, the regular City Council meeting recessed to a
AGENCY joint meeting with the Redevelopment Agency at 6:00 p.m., with
PARKING STRUCTURES Councilmembers McKeown and Shriver, and Mayor Pro Tem O'Connor
1 AND 6 absent.
1-F: Design-Build Contract for Parking Structures 1 and 6 -
recommendation that the City Council/Redevelopment Agency authorize
the City Manager/Executive Director to negotiate and execute design-
build Contract No. 9085 (CCS/RAS) for preconstruction services with
Morley Construction Company for the demolition and rebuilding of
Parking Structures 1 and 6 in an amount not to exceed $195,000, was
presented.
There was no one present for public comment.
June 30, 2009
Motion by Council/Aeency Member Bloom, seconded by Mayor/Chair
Genser to approve recommendation. The motion was approved by the
following vote:
AYES: Council /Agency Members Davis, Holbrook, Bloom,
Mayor /Chair Genser
NOES: None
ABSENT: Council /Agency Members McKeown, Shriver, Mayor
Pro Tem /Chair Pro Tem O'Connor
ADJOURNMENT On order of the Mayor, the special joint meeting with the Redevelopment
Agency was adjourned at 6:01 p.m., and the regular Council meeting was
reconvened with Councilmembers McKeown and Shriver, and Mayor Pro
Tem O'Connor absent.
CLOSED SESSIONS: Member of the public Pro Se commented on various Closed Session
items.
Mayor Pro Tem O'Connor
arrived at 6.•ZI p. m. On order of the Mayor, the City Council recessed at 6:18 p.m., to
consider closed sessions and reconvened at 7:45 p.m., with
Councilmembers McKeown and Shriver absent, to report the following:
2-A: Anticipated Litigation: Initiation of Litigation pursuant to
Section 54956.9c (California Regional Water Quality Control Board,
Clean Up and Abatement Order No. R4-2008-0034, Former Gillette
Paper Mate facility, 1681 26th Street, Santa Monica, CA.)
ACTION: Heard. No reportable action taken.
2-B: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) (1): two cases.
ACTION: Heard. No reportable action taken.
2-C: Conference with real property negofiator (Govt. Code section
54956.8):
Property: (3 parcels seaward of the 1921 Mean High Tide
Line and adjacent to 850 Palisades Beach Road
City negotiator: Andy Agle
Negotiating parties: City and Jonathan Club
Under negotiation: Lease pricing and terms
June 30, 2009
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel -Anticipated Litigation:
Initiation of litigation pursuant to Section 54956.9c (initiation of 1
case to collect transient occupancy taxes owing from on-line booking
companies; retention of counsel).
The City Attorney advised that Paul Kiesel and Russell Budd were
retained as outside legal counsel to represent the City in the above case.
2-E: Conference with Legal Counsel -Anticipated Litigation:
Initiation of litigation pursuant to Government Code Section
54956.9[c].: regarding the vacant property at 521 Marine.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel -Existing Litigation: Oshiro
v. Citv of Santa Monica, Case No. CV 08-07035 SJO.
ACTION: Heard. No reportable action taken.
2-G: Conference with Legal Counsel: Anticipated Litigation:
Claim of Young Shim Son v. City of Santa Monica, Claim No. 09-
7034.
The City Attorney advised that this was a claim for damages as a result of
a sewer back up.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Davis to settle the claim in the amount of $41,310.73. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, Mayor Pro
Tem O'Connor, Mayor Genser
NOES: None
ABSENT: Councilmembers Shriver, McKeown
ORDINANCES: 7-A: Introduction and first reading an ordinance amending Santa
SOLAR ENERGY Monica Municipal Code Sections 9.04.10.02.220, 9.04.10.02.030,
SYSTEMS 9.04.10.02.070, 9.04.10.02.140, and 9.04.10.02.180 pertaining to Solar
Energy Systems Design Standards and related provisions to facilitate
the installation of Solar Energy Systems, was presented.
The following members of the public spoke generally in support of the
Ordinance with the deletion of the paragraph related to the installation of
4 June 30, 2009
solar collector panels in the location that is the least visible from abutting
streets directly facing the subject property: Nancy Whang, Alexandra
Kravetz, Mary Luevano Angie Brooks, Janet M. Gagnon, Herb Mendelsohn,
Ted Bavin, Jerry Rubin, Michael Lewis, Mark Smith, Zoe Starr, Jesse
Rayner, Will Wright, and Jesse Bornstein. Member of the public Zina
Josephs spoke in support of the Ordinance.
Members of the public Joey Fullmer, Evelyn Salem and Ariyan Parvaresh
spoke on various solaz issues.
Motion b~ayor Censer. seconded by Councilmember Bloom to introduce
ordinance for first reading.
Motion to amend by Council O'Connor to provide general direction to staff
to include the Green House Gas Goals in the Land Use Plan Update, staff
to develop guidelines and periodically update them to adapt to new
technology as it evolves, that there will be some analysis of the success or
lack of success of this Ordinance with a report back to Council,
Architectural Review Board, Environmental Task Force, and the Planning
Commission, with the opportunity for public discussion, within one year of
adoption of the Ordinance. The motion was accepted as friendly by the
maker and seconder.
The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Mayor Pro Tem
O'Connor, Mayor Censer
NOES: Councilmember Davis
ABSENT: Councilmembers Shriver, McKeown
TAXICAB 7-B: Introduction and first reading of ordinance amending Chapter
MORATORIUM 6.48 of Article VI of the Municipal Code relating to vehicles for hire;
adding Chapter 6.49 to establish taxicab franchises; and amending
Sections 6.04.110, 6.04.160, 6.04.170, 6.04.220, 6.08.210, 6.12.010, and
6.14.080 regarding taxicabs, was presented.
The following members of the public spoke in support of the proposed
taxicab franchise ordinance, including support of senior discounts, and
support of the Green Taxi Program: Rose Kaufman, Grace Cheng Braun,
Barry Seid, M. Ross, Tom Drischler, Martin Shatakhyam, Don Alexander,
Jelena Maslovavic, and William Rouse.
The following members of the public spoke in support of the proposed taxi
cab franchise ordinance with various changes including, but not limited to,
provide for different meter rates than the Los Angeles' rate, remove the
5 June 30, 2009
requirement that criteria for franchise proposals include consideration of
driver infractions, include a local preference for Santa Monica businesses,';
and decrease the amount required for franchise and taxi payments: Kevin I.
Aghayau, Fuad Saneh, Kyle Downs, Wendy Radwan, Steven Taylor, Ayman
Radwan, and Melese Adamu.
The following members ofthe public spoke in support oftaxicab regulations,
including but not limited to medallion systems, but in opposition to the
taxicab franchise as presented: Sentayehn G. Silassci, Betty Hung, and
David Shapiro.
Motion by Councilmember Bloom, seconded by Councilmember Davis, to
introduce ordinance, amended to include: adding the local preference criteria
for the competitive Request for Proposals (RFP) process; the depth of the
discount offered to seniors and persons with mobility impairments; that every
successful bidder accept credit cards; that health and other benefits provided
to employees be part of the consideration when evaluating franchisees;
include in Section 6.49.060(b) a prohibition against using a name or
identification in an advertisement used by another taxicab franchisee in such
a manner as to be misleading or to tend to confuse or defraud the public;
include wording in Section 6.49.040(b) to specify particularly safety
violations by the driver; to address special regulations to limit access to the
Pier in the implementing rules and regulations; and, include training of
drivers in local programs as part of the bid criteria.
In order to meet the goals expressed during the discussion, the City Attorney
proposed the following language to the Ordinance: Amend Section
6.49.040(b): "record ofviolations by the bidder or bidder's drivers offederal,
state or local law, and rules and regulations relating to taxicab operations,
particularly safety violations; extra services available to the public, including
discounts for seniors and those with disabilities; and benefits available to
drivers and employees. Additionally, there shall be a preference for local
bidders." Add the words "training and" to read "driver training and
qualifications;"; and, add Subsection (c) to Section 6.49.060 which reads:
"No person who drives or operates a taxicab shall use a name that imitates
a name used by another person who drives or operates a taxicab in such a
manner as to be misleading or tend to confuse or defraud the public."
The maker and seconder of the motion incorporated the City Attorney's
proposed language into the motion.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Bloom, Hobrook, Davis, Mayor Pro Tem
O'Connor, Mayor Genser
6 June 30, 2009
NOES: None
ABSENT: Councilmembers Shriver, McKeown
STAFF ITEMS: 8-A: Sustainable City Plan Implementation Plan-Phase 2 Developed
SUSTAINABLE CITY by the Sustainable City Task Force - recommendation to: adopt the
PLAN Sustainable City Plan Implementation Plan- Phase 2 developed by the
Sustainable City Task Force; and adopt the Task Force's recommendation
to create a Sustainability Working group and direct staff to identify
sustainability liaisons within appropriate Boards and Commissions, was
presented.
Members of the public Joey Fullmer, Catherine Eldridge, and Zina
Josephs expressed their concerns with the proposed plan.
On order of the Mayor, and with consensus of Council, staff was directed
to comprehensively review the current structure of the Task Force on the
Environment, and the Sustainability Task Force, to return with options for
a structure for Council discussion, and that the resulting body's activities
would be covered and subject to the Brown Act.
Motion b~Mavor Pro Tem O'Connor, seconded by Bloom, to adopt the
Sustainable City Plan Implementation Plan -Phase 2. The motion was
approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Bloom, Mayor Pro Tem
O'Connor, Mayor Genser
NOES: None.
ABSENT: Councilmembers McKeown, Shriver
COUNCIL ITEMS: 13-A: Recommendation to accept Frederick Dewey's resignation
RESIGNATION from the Arts Commission and authorize the City Clerk to publish
the vacancy.
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
accept resignation with regret and authorize the Clerk to publish the
vacancy. The motion was unanimously approved by voice vote, with
Councilmembers Shriver and McKeown absent.
RESCIND 13-B: Request to rescind appointment made on June 23, 2009, to the
APPOINTMENT Disabilities Commission due to the recent death of Commissioner
Samuel Genensky.
Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to
rescind appointment with great regret and sadness. The motion was
June 30, 2009
unanimously approved by voice vote, with Councilmembers Shriver and
McKeown absent:
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:18
p.m. to July 14, 2009, in memory of Samuel Genensky, Carl Stephen
Tarqunio, and Sylvia Levin.
ATTEST:
~/1~GZ/~t~~
Bet Sanchez
Assistant City Clerk
APPROVED:
Ken Gense~
Mayor
June 30, 2009