M-011910CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 19, 2010
A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem
O'Connor at 5:45 p.m., on Tuesday, January 19, 2010, at City Council Chambers, 1685 Main
Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Absent: Mayor Ken Censer
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 Pro Tem, the City Council convened at 5:45
p.m., with Mayor Genser and Councilmember Shriver absent.
Councilmember McKeown led the assemblage in the Pledge of
Allegiance.
REMEMBERING MAYORMayor Pro Tem O'Connor opened the Council meeting with a
KEN CENSER remembrance of Mayor Ken Censer who passed away on January 9,
2010. The Mayor Pro Tem and Councilmembers commented on
Mayor Censer's life-long activism, his contributions to the
community, his political career, his 20+ years as a Councilmember and
his sharp sense of humor. A letter of condolence from Congressman
Henry Waxman was read into the record. A moment of silence was
observed for Mayor Ken Censer.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
There being a Consent Calendar for each the City Council, the Parking
January 19, 2010
Authority and the Redevelopment Agency, on order of the Mayor Pro
Tem and with the consensus of Councilmembers, the three Consent
Calendars were to be heard concurrently,
Members of the public Joy Fullmer, Jerry Rubin, M. Ross and Reverend
Mustang commented on various Consent Calendar items.
At the request of Councilmember Davis, Item 1-E was removed from the
Consent Calendar.
Motion by Authority ency/Councilmember McKeown, seconded
Authority/A eg_ncy/Councilmember Davis, to approve all items on the
Consent Calendar as presented except item 1-E, reading resolutions by
title only and waiving further reading thereof. The motion was approved
by the following vote:
AYES: Authority/Agency/Councilmembers McKeown, Davis,
Holbrook, Bloom, Chair Pro TemMlayor Pro Tem
O'Connor
NOES: None
ABSENT: Authority/Agency/Councilmember Shriver, Chair/Mayor
Genser
MINUTES 1-A: The minutes of the November 24 and the December 8, 2009,
City Council meetings were approved as submitted.
LEGAL RECORDS 1-B: Legal records reproduction services -recommendation to
REPRODUCTION award a purchase order to Excello Copy, in the amount of $37,750 for the
remainder of the fiscal year and an estimated amount of $75,500 per year
for four consecutive fiscal years, to provide medical and employment
record reproduction services for the City Attorney's Office, was
approved.
COURT REPORTING & 1-C: Court reporting, transcription, deposition and
OTHER LEGAL videoconferencing services -recommendation to award a purchase
SERVICES order to Atkinson-Baker, Inc., in the amount of $30,000 for the remainder
of the fiscal year and for approximately $60,000 per year for four
consecutive fiscal years thereafter, for services for the City Attorney's
Office, was approved.
MESSENGER & COURT 1-D: Full service loan messenger and legal support court services -
2 January 19, 2010
SUPPORT SERVICES recommendation to award a purchase order to Santa Monica Express, in
the amount of $12,500 for the remainder of the fiscal year and for
approximately $26,250 per year for four consecutive years thereafter, for
services to the City Attorney's Office, was approved.
HUD-FUNDED HOUSING 1-F: Compliance investigation services for HUD-funded housing
programs -recommendation to authorize the City Manager to negotiate
and execute Contract No. 9164 (CCS) with Program Compliance
Solutions, in the amount of $218,400 fora 3-year term, for investigation
services for the Housing Division, was approved.
UTILITY PAYMENTS - 1-G: Lockbox services for utility payments -recommendation to
LOCK BOX SERVICES authorize the City Manager to negotiate and execute Contract No. 9165
(CCS) , in the amount of $132,300, with RT Lawrence Corporation to
provide Lockbox payment processing services for utility payments, was
approved.
PARKING STRUCTURE 1-H: Public artwork fabrication for public parking structures -
PUBLIC ARTWORK recommendation to authorize the City Manager to negotiate and execute
Contract No. 9166 (CCS) with Ball Nogues Design, in the amount of
$137,000, for the fabrication of public artwork to be installed on parking
Structure 7 wall; and to execute a purchase order with Winsor Fireform,
in the amount of $101,200, for fabrication of public artwork to be
installed on Parking Structure 8 wall, was approved.
939 SAN VICENTE 1-I: Resolution No. 10448 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
FINAL PARCEL MAP NO. 063173 TO SUBDIVIDE A PROPERTY
AT 939 SAN VICENTE BOULEVARD," was adopted.
908 STa STREET 1-J: Resolution10449 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING FINAL
TRACT MAP NO. 069543 TO SUBDIVIDE A PROPERTY FOR A
THREE UNIT PROJECT AT 908 5"~ STREET," was adopted.
HAZARDOUS WASTE 1-K: Hazardous waste transportation; recycling/disposal services -
recommendation to authorize the City Manager to negotiate and execute
an amendment to Contract No. 9061 (CCS) with GEM for hazardous
waste transportation, management and recycling/disposal, in the amount
of $76,000, for a total of $326,000, through June 30, 2010, was approved.
ANNENBERG BEACH 1-L: Security services for Annenberg Community Beach House -
January 19, 2010
HOUSE SECURITY recommendation to award Bid No. 2988, in an estimated annual amount
of $146,000, to Alltech Protective Services, Inc., for security services for
the Beach House, was approved.
CREDIT CARD 1-M: Merchant account processor services for credit card
PAYMENTS payments -recommendation to authorize the City Manager to negotiate
and execute Contract No. 9082 (CCS), in the amount of $3,350,000, with
TransFirst Health and Government Services, for merchant account
processor services for payments by credit card by members of the public
for City fees and services, was approved.
MTA GRANT FUNDS 1-N: Resolution No. 10450 (CCS) entitled: "A RESOLUTION OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO ACT ON BEHALF OF THE CITY ON MATTERS
ASSOCIATED WITH THE ADMINISTRATION AND
IMPLEMENTATION OF THE VARIOUS GRANT FUNDED
PROGRAMS AWARDED THROUGH THE METROPOLITAN
TRANSPORTATION ADMINISTRATION," was adopted.
WORKERS COMP & 1-O: Workers Compensation and General Liability Claims
LIABILITY CLAIMS Management System -recommendation to authorize the City Manager
MGMT. SYSTEM to negotiate and execute an amendment to existing Contract No. 7482
(CCS) with AON eSolutions (formerly Valley Oaks Systems, Inc.) to
purchase a software license and approve a five year maintenance
agreement extension for an amount not to exceed $247,593, for a total
amount of $617,593, was approved.
JOINT MEETING WITH 1-P: Parking Structure 2 Lease Amendment -recommendation that
PARKING AUTHORITY City Council and Parking Authority authorize the City Manager/
PARKING STRUCTURE 2 Executive Director to negotiate and execute a 4`h amendment to Lease
LEASE No. 1828 with Douglas Emmett Realty Fund 1998 for their use of
parking spaces at Parking Structure 2, was approved.
JOINT MEETING WITH 1-Q: Downtown/Civic Center Freeway Capping and Bridging
REDEVELOPMENT Project -recommendation to authorize the City Manager to negotiate
AGENCY: and execute phased contracts with AECOM, for a total amount of
FREEWAY CAPPING $3,156,508, for concept alternatives and feasibility study for phased
freeway capping from Ocean Avenue to 4~' Street and development of
concept alternatives for 2 segments; and, that Council and the Agency
authorize the City Manager/Executive Director to execute a
Reimbursement Agreement between the City and the Agency for costs
associated with the proposed scope of work, was approved.
ADJOURNMENT OF On order of the Mayor Pro Tem, the special joint meeting with the
4 January 19, 2010
JOINT MEETING Parking Authority and the Redevelopment Agency was adjourned at 6:08
p.m., and the regular City Council meeting was reconvened with
Councilmember Shriver and Mayor Genser absent.
BBB TRANSIT SERVICE 1-E: Analysis of transit service and Service Improvement and
ANALYSIS Efficiency Program -recommendation to authorize the City Manager to
negotiate and execute Agreement No. 9163 (CCS) with Transportation
Management and Design, in the amount of $698,863, to undertake an
alternatives analysis, including aline-by-line analysis of Big Blue Bus
transit service for high capacity-short distance transit connections with
Expo Light Rail, and to prepare a 3-year Service Improvement and
Efficiency Program, was presented.
Councilmember Davis advised she removed this item from the Consent
Calendar to emphasize its importance and to ask questions related to the
methodology of the analysis for ridership and any outreach to new riders.
Staff replied to questions from Councilmembers and provided additional
information.
Motion by Councilmember Davis, seconded by Councilmember
McKeown, to approve the recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Ken Genser
CLOSED SESSIONS: On order of the Mayor Pro Tem, the City Council recessed to consider
closed sessions at 6:19 p.m., and reconvened at 7:20 p.m., with
Councilmember Shriver and Mayor Genser absent, to report the
following:
2-A: Conference with Legal Counsel -Existing Litigation:
Kaufman v. City of Santa Monica, Los Angeles Superior Court Case
Number LASC 103030.
This matter was not heard.
2-B: Conference with Legal Counsel -Existing Litigation: Thana
v. City of Santa Monica and MCO Phillip Washington, Los Angeles
Superior Court Case Number LASC 101527.
January 19, 2010
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve settlement of $45,000. The motion was approved by
the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
2-C: Conference with Legal Counsel -Existing Litigation: Chubna
et al. v. City of Santa Monica, USDC Case No. CV09-5046 CBM
(Ex).
This matter was not heard.
2-D: Conference with Legal Counsel -Existing Litigation: Harris
v. City of Santa Monica, Case Number LASC BC 341 569.
This matter was not heard.
2-E: 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.
This matter was not heard.
2-F: Conference with Legal Counsel -Existing Litigation: United
States of America and Peters v. City of Santa Monica, USDC, Case
No. CV08-02695 CW (Ex)
This matter was heard. No reportable action was taken.
2-G: Conference with Legal Counsel -Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) (1): three cases.
This matter was not heard.
2-H: Conference with Legal Counsel -.Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) (1): 2510 7th Street.
This matter was heard. No reportable action was taken.
6 January 19, 2010
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2303 (CCS)
COMPETITIVE BIDDING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
IN PURCHASING AMENDING MUNICIPAL CODE SECTION 2.24.080 AS IT APPLIES
TO EXCEPTIONS TO COMPETITIVE BIDDING, TO ALLOW THE
PURCHASE OF ITEMS THAT HAVE BEEN COMPETITIVELY BID
BY AGENCIES OUTSIDE OF THE STATE OF CALIFORNIA, "was
presented.
Motion by Councilmember McKeown, seconded by Councilmember
Bloom, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
STREET PERFORMERS 7-B: Second reading and adoption of Ordinance No. 2304 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 6.112.030 RELATING
TO STREET PERFORMANCE TO ELIMINATE THE
REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE
PERFORMING ON ANY CITY SIDEWALK THEREBY ONLY
IMPOSING A PERMIT REQUIREMENT ON THE PIER, THE
PROMENADE, AND THE TRANSIT MALL," was presented.
STAFF ITEMS: 8-A: Bus Shelter Redevelopment Schematic Design -
BUS SHELTERS recommendation to approve the proposed Bus Shelter Schematic Design
and word mark background; and to authorize the City Manager to
negotiate and execute an amendment to Contract No. 9043 (CCS) with
Lorcan O'Herlihy Architects, in the amount of $325,102 for a total of
$984,992, for the bus shelter redevelopment project, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom. seconded by Councilmember Davis,
to approve recommendation selection attachment G of the staff report as
the word mark background. The motion was approved by the following
vote:
January 19, 2010
AYES: Councilmembers McKeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
BIODIESEL FUEL 8-B: Purchase of Biodiesel Fuel -recommendation to award bid No.
2984 to General Petroleum Corporation in an estimated amount of
$2,050,131 annually, to supply and deliver B5, B20 and B50 biodiesel
fuel blends to the Big Blue Bus Department and the Fleet Management
Division, was presented.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Councihnember
Holbrook, to approve recommendation contingent upon having all
necessary permits. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
COUNCIL ITEMS: 13-A: Annual Appointment to the Accessibility Appeals Board to
APPOINTMENTS one vacancy for a term ending June 30, 2013.
This matter was continued to January 26, 2010.
13-B: Annual appointment to one position on the Pier Restoration
Corporation for a term ending on November 10, 2013.
This matter was continued to January 26, 2010.
13-C: Appointment to one unscheduled vacancy on the Pier
Restoration Corporation for a term ending on November 10, 2010.
This matter was continued to January 26, 2010.
LEAF BLOWER 13-D: Request of Councilmember McKeown that staff prepare for
ORDINANCE consideration amendments to the leaf blower ordinance, so property
owners become responsible for adherence to the law and enforce-
ment is shifted from the Police Department to the Office of
Sustainability & Environment, with a sequence of warning letters
and administrative citations, was presented.
January 19, 2010
Members of the public Diane Wolf, Jerry Rubin and Frieda Dubin spoke
in support of the ordinance.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem
O'Connor, broadening the recommendation to include other options. The
motion was approved by voice vote, with Councilmember Holbrook
voting in opposition, and Councilmember Shriver and Mayor Genser
absent.
AIRCRAFT-GENERATED 13-E: Request of Councilmember McKeown that the Council
PARTICULATE MATTER authorize staff to work with state and federal elected officials, and
with all the appropriate agencies to establish enforceable toxicity
standards for aircraft-generated particulate matter, particularly
ultra-fine particles, and sponsor appropriate legislation, was
presented.
Member of the public Jerry Rubin spoke in support of the
recommendation.
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve request, including the inclusion of enforceable
standards on pollution in general. The motion was unanimously
approved by voice vote, with Councilmember Shriver and Mayor Genser
absent.
SMOKING IN COMMON 13-F: Request of Councilmember Davis that staff report on the
AREAS implementation and effectiveness of the ordinance banning smoking
in the common areas of multi-family residences and that staff
identify any enforcement or other issues that have arisen since
enactment of the ordinance, was presented.
Members of the public Robert Kronovet, Trisha Roth, Phillip Paley, Jerry
Rubin, Marlene Gomez, Esther Schiller, Beth Miller, Barbara Bronie,
Marianne Gorczyca, Nicolina Karlsson, and Mariana Larkin spoke in
support of the request.
Motion by Councilmember Davis, seconded by Councilmember
McKeown to approve request. The motion was unanimously approved
by voice vote, with Councilmember Shriver and Mayor Genser absent.
January 19, 2010
THREE-DAY NOTICE TO 13-G: Request of Councilmembers Davis and McKeown that
QUIT Council direct staff to research and prepare an appropriate
ordinance, conforming with recent court decisions (Rental Housin¢ '.
Authority of Northern Alameda County v. Citv of Oakland), to
extend greater civility and stability in Santa Monica rental situations
by requiring aseven-day warning before issuance of a three-day
notice to perform or quit, was presented.
Members of the public Michael Tarbet, Marilyn Korade Wilson, and
Ryan Minniear spoke in support of the request.
Motion by Councilmember McKeown. seconded by Councilmember
Davis, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Shriver and Mayor Genser absent.
FUNDING -STUDENTS 13-H: Request of Councilmember Bloom that the City Council
RUN L.A. allocate $6,500 in Council discretionary funds to Students Run L.A,
for activities to beheld at the Santa Monica Civic Auditorium on
March 21, 2010.
Member of the public Michelle Hahn spoke in support of the request.
Motion by Councilmember Bloom. seconded by Councilmember Davis,
to approve request.
Councilmember McKeown stated, for the record, that the above proposed
activity being an adjunct to the City being the destination of the
Marathon, is a tremendous public benefit to the community.
The motion was approved by the following vote:
AYES: Councilmembers Mckeown, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Councilmember Shriver, Mayor Genser
DECLARING SEAT 13-I: Request of Mayor Pro Tem O'Connor to direct staff to return
VACANT at the regular meeting of January 26, 2009, with a resolution
declaring Mayor Genser's seat vacant and with information on
options and procedure to fill vacancy, as provided for in Section 603
of the City Charter, was presented.
There was no one present for public comment.
10 January 19, 2010
Motion byMayor Pro Tem O'Connor, seconded by Councilmember
Holbrook, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Shriver and Mayor Genser absent.
FEDERAL HOME 13-J: Request of Councilmembers Shriver and McKeown that
ENERGY CONSERVA- Council authorize staff to prepare for timely Santa Monica
TION SUBSIDY participation in the Obama administration's anticipated federal
home energy conservation subsidy program by preparing an
administrative plan and returning to Council with an ordinance or
other instrument to create any required agency or district, was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
Davis, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Shriver and Mayor Genser absent.
FOOD VENDING 13-K: Request of Councilmember Holbrook that staff study the idea
TRUCKS of allowing food vending trucks to occupy certain locations within
the City to sell takeout food, and return with suggestions such as text
amendments and/or other possible regulations to make this a
workable and legal activity, was presented.
Members of the public Howazd Krom, Jerry Rubin, Heather Priest and
John Bowler spoke in support of the request.
Motion by Councilmember Holbrook. seconded by Mayor Pro Tem
O'Connor, to approve request. The motion was unanimously approved
by voice vote, with Councilmember Shriver and Mayor Genser absent.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:20
p.m., in memory of Mayor Ken Genser, Sister Mazilyn Rudy, Karen
Faye, Docia Zavitkovsky, and Parke Meek.
TTEST: APPROVED:
~ ~:~.~
Mazia M. Stewart Pam O'Connor
City Clerk Mayor Pro Tem
11 January 19, 2010