M-052510CITY OF SANTA MGNICA
CITY COUNCIL MINUTES
lY.AAY LJ9 ~®~®
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at
5:56 p.m., on Tuesday, May 25, 2010, at City Council Chambers, 1585 Main Street.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Terry O'Day
Councilmember Robert T. Holbrook
Councilmember Gleam Davis
Coumcilmember Kevin McKeown
Councilmember Bobbv Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria Stewart
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:56, with all
members present. City Manager Rod Gould led the assemblage in the Pledge
of Allegiance.
CONSENT CALENDAR: There being a Consent Calendar for the City Council and the
Redevelopment Agency, on order of the Mayor Pro Tem and with the
consensus of Councilmembers, the twa Consent Calendars were to be
heard concurrently in a joint meeting.
Members of the public Joey Fullmer and Mark Olson commented on
various Consent Calendar items.
Motion by AaencvlCouneihnember Holbrook. seconded by
Agency/Councilmember Davis, to approve all items on the Consent
Calendar as presented, readiri~ resolutions by title only and waiving
further reading thereof. The motion was approved by the followring vote:
AYES: AgeucylCouncilmembers McKeown, Shriver, Davis,
Holbrook, O'Day, Bloom, ChairlMayor Pro Tem O'Connor
NOES: None
ABSENT: None
May 25, 2010
MINUTES 1-A: The minutes of the Apri127, 2010, City Council meeting were
approved as submitted.
RESOURCE RECOVERY 1-B: Design-build contract for Resource Recovery Center -
CENTER recommendation to authorize the City Manager to negotiate and execute
ContractN'o_ 9215 (CCS) with Morley Construction Company, in the amount
of $65,000, for preconstruction services of the Resource Recovery Center,
was approved.
CIIARNOCK BASIN 1-C: Discharge of brine water related to restoration of the well field
BRINE WATER at Charnock Basin -recommendation to authorize the City Manager to
negotiate and execute Contract No. 9216 (CCS) with the City ofLos Angeles
Bureau of Sanitation, in the amount of $5,000,000, for the disposal of brine
water from the Arcadia Water Treatment Plant; and appropriate $3,310,694
from the Charnock fund to cover the cost of the agreement, was approved.
WASTEWATER 1-D: Wastewater Sampling and Elow Metering Services Contract -
MONITORINC recommendation to authorize the City Manager to negotiate and execute
Professional Services Agreement No. 9217 (CCS) with ADS, LLC, in the
amount of $57,074 for a total contract amount of $111,952.64, for
wastewater sampling and flow monitoring, was approved.
ADVANCED TRAIaFIC 1-E: Advanced Traffic Management System, Phase 3 Project
MGMT. SYSTEM recommendation to authorize the City Manager to negotiate and executE_
Contract No. 9218 (CCS) with Kimley-Horn and Associates, Inc., in the
amount of $88,250, for design services associated with the Advanced Traffic
Management system, Phase 3 Project, was approved.
1338-A2 STII STREET 1-F: Lease of City-owned property at 1338-42 5th Street (Carlson`s
Appliances) -recommendation to authorize the City Manager to negotiate
and execute Lease No. 9219 (CCS) with Patricia Pollcinghorn dba Carlson's
Inc. to extend its cturent lease through December 2012, with three two-year
options, was approved.
SOCIAL WORKER SVCS. 1-G Licensed Clinical Social Worker services -recommendation to
authorize the City Manager to approve an amendment to Contract No. 9092
(CCS) with Ms. Dorothy Berndt, in the amount of $16,442 for a total of
$50,000 for the first year of a three-year contract, was approved.
RENEWABLE 1-H; Purchase of renewable electricity for City facilities -
ELECTRICITY recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 8604 (CCS) with Commerce Energy for the
purchase of renewable electricity for City facilities from July 1, 2010 througr
2 May 25, 2010
September 30, 2010, was w=ithdrawn at the request of staff.
.IOINT MEETING: 1-L Temporary Parking Lot at 1680 Main Street -recommendation
16801YIAIN STREET that the Redevelopment Agency ("Agency"): 1} extend lease between the
Agency and the City to defer removal of site improvements unti12012 and
continue use of parking lot for separate, minor temporaay events; and,
authorize the Executive Director to negotiate and execute an amendment to
Lease No. 9028 (CCS/RAS} with the City. Recommendation that the
Council ("City"): 1) authorize the City Manager to execute amended Lease
No. 9028 (CCS/RAS) with the Agency; 2) authorize the City Manager to
execute an amendment to Contract No. 9029 (CCS) with Cirque du Soleil
(CDS} to defer repair and restoration ofthe leased portion ofthe Civic Center
Site in the event of a return engagement or remove the obligation if CDS
does not rettun; S) direct the Community and Cultural Services Department
to ensure that in evaluating proposals for the event season beginning
September 2011, aprimary consideration be the repair and restoration ofthe
Civic Center Site, was approved.
AD.TOURNMENT OF On order of the Mayor Pro Tem, the Joint Meeting with the Redevelopment
JOINT MEETING Agency was adjourned at 6:21 p.m., and the regular City Council meeting
reconvened with all members present.
CLOSED SESSIONS: On order of the Nlayor Pro Tem, the City Council recessed at 6:21 p.m., to
consider closed sessions and reconvened at 7:21 p.m., with all members
present, to report the following action taken:
2-A: ConferencewithI.egalCounsel-Initiationofl.itigationpursuant
to subdivision (c) of Section 54956.9: lease -1901-1925-1933 S. Bundg,
12333 Olympic Blvd., Los Angeles.
The City Attorney reported that this matter was heard with no reportable
action taken:
2-B: Conference with Legal Counsel -Initiation of Litigation pursuant
to subdivision (c) of Section 54956.91 1 ease
The City Attorney reported that this matter was heard with no reportable
action Taken.
2-C: Conference w=ith Legal Counsel -Existing Litigation: Griffin v.
Citv of Santa Monica, United States District Court Case No. CV
09-07.545.
May 25, 2010
The City Attorney reported that this matter w as not heard.
2-D: Conference with Legal Counsel -Existing Litigation: Chlubna et
al. v. City of Santa Monica, USDC Case No. CV09-5046 CBM {Ex}.
The City Attorney reported that this matter was heard with no reportable
action taken.
2-E: Conference with Legal Counsel - Existng Litigation: Yasharal
v. Citv of Santa Monica, Los Angeles Superior Court Case Number
LASC 105619
Motion by Coimcilmember Davis. seconded by Councilmember Shriver, to
approve Settlement No. 9220 (CGS) in the amotmt of $18,00. The motion
was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
2-F: Conference with Legal Counsel - Anticipated Litigation::-
Initiatnon 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 2bth
Street, Santa Monica, CA.)
The City Attorney reported that this matter was heard with no reportable
action taken.
2-G: Conference with Legal Counsel -Existing Litigation: Slater v.
Ciiv of Santa Monica, Los Angeles Superior Court Case Number BC
424015.
Motion b~,~ Councilmember Davis, seconded by Councilmember Bloom, to
approve Settlement No. 4221 (CCS} in the amount of $95,000. The motion
was approved by the following vote:
AYES: Councilmembers Bloom, O'Day, Holbrook, Davis, Shriver,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: None
4 May 25, 2010
CHANGE OF AGENDA At the request of Mayor Pro Tem O'Connor, and with consensus of Council,
ORDER Items 3-A and 9-A to be heard concurrently and Item 4-A to be considered
before Items 3-A and 9-A.
SPECIAL ITEMS: 4-A: Election of Mayor and Mayor Pro Tempore if neeessary, to serve
ELECTION OF MAYOR until the Council Reorganization occurring after the November 2010,
Municipal Election, was presented.
Members of the public Denise Barton, Pro Se, Valerie Griffin, and Jerry
Rubin expressed support for their choice of Mayor.
Mayor Pro Tem O'Connor opened the floor for nominations for Mayor to
serve until the Council Reorganization occurring after the November 2010,
Municipal Election.
Councilmember Holbrook nominated Councilmember Shriver as Mavor.
Councilmember Bloom nominated Ma} or Pro Tem O'Connor as Mayor.
Councilmember Shriver was elected as Mayor by the following vote:
Councilmember Shriver: Councilmembers McKeown, Shriver,
Holbrook, O'Day
Mayor Pro Tem O'Cotmor: Councilmembers Davis. Bloom, Mayor Pro
Tem O'Connor
By virtue of there being no necessity of electing a Mayor Pro Tem, l~layor
Pro Tem O'Connor retained her title for the remainder of her two-year term
through November 2010.
NEVI' MAYOR ASSUMES As a result of the vote, Councilmember Shriver assumed the Chair.
CHAIR
STUDY SESSION: 3-A: Study Session on issues addressing the Big Blue Bus Structural
BBB DEFICIT Deficit and Alternative Proposals to Generate Additional Transit
Revenue, was presented.
PUBLIC HEARINGS: 9-A: Big Blue Bus Fare Restructuring and Strategies to Reduce
BBB FARE Structural Deficit -recommendation to hold a public hearing and receive
RESTRUCTURING public comment; approve changing the Big Blue Bus base fare from $0.75
to $1.25 and other proposed discounted fare adjustments effective August 29,
May 25, 2010
2010; and authorize the City Manager to negotiate and execute Agreement_
No. 9222 {CCS) with L. A. County Metropolitan Transportation Authority=
to participate in the Rider Relief Transportation Program, was presented.
Members of the public Denise Barton, Joey Fullmer, Michael Toney, Jerry
Rubin, Dennis Zane, Marjorie Campbell, and Martin Conwell commented on
various aspects of the proposal and the recommendation.
Considerable discussion ensued on the merits of the proposals presented as
Item 3-A and the recommendation for Item 9-A.
On order of the Mayor, the information presented for 3-A was received and
filed.
Motion by Councilmember McKeown seconded by Councilmember Davis,
that as to Item 9-A, to approve staff recommendation of Option 1, limited to
an increase of $1.00, with a commitment by Council to find funds in the
firture to fill the deficit, The motion was approve~t by the following vote:
AYES: Councilmembers Davis, O'Day, McKeown
Mayor Pro Tem O'Connor
NOES: Councilmembers Bloom, Holbrook, Mayor Shriver
ABSENT: None
Motion by McKeown, seconded by Councilmember Davis, that, as to Item
9-A, to authorize the City Manager to negotiate and execute Agreement No.
9222 {CCS) with L.A. County Metropolitan Transportation Authority .The
motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2312 {CCS)
GENERAL PLAN LAND entitled, "_AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IJSE MAP SANTA MONICA AMENDING SANTA MONICA MUNrICIPAL CODE
SECTIONS 9.04.08.3.050 AND 4.04.0834.060 TO MODIFY THE
ALLOWABLE HEIGHT FOR EXISTING SOLID WASTE TRANSFER
STATIONS, MATERIAL RECOVERY FACILITIES, AND PUBLIC
UTILITIES SERVICE CENTERS. OR THEIR IMPROVEMENT
THERETO, IN THE MI AND LMSD ZONING DISTRICTS AND TO
EXEMPT THESE FACILITIES, OR THEIR IMPROVEMENT THERETO,
6 May 25, 2010
FROM THE BUILDING VOLUME ENVELOPE REQUIREMENTS OF
SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.040," was
presented.
There cvas no one present for public comment.
Motion by Councilmember McKeown seconded by Councihnember Davis,
to adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom
Mayor Pro Tem O'Comror, Mayor Shriver
NOES: None
ABSENT: None
1301-1333 4TH STREET 7-B: Second reading and adoption of Ordinance No. 2313 (CCS)
Councilmensber O'Day was entitled, "AN ORDl:`TANCE OF THE CITY COITNCIL OF THE CITY OF
excused at 9:03 p. m. SANTA MONICA APPROVING THE ACT OF ENTERING INTO
CERTAIN LEASE AND REIMBURSEMENT AGREEMENTS,' was
presented.
There was no one present for public comment.
MotionbyCouncilmemberMcKeowm seconded byCouncilmemberGleanl,
to adopt ordinance, reading bytitle only and waiving furtherreading thereof.
The motion was approved by the following vote:
AYES: Comlcilmembers Bloom, Holbrook, Davis, McKeown
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: Councilmember O'Day
PLAN CHECK 7-C: IntrodustionandfirstreadingofordinanceamendingMunicipal
APPLICATIONS &c Code Chapter 8.08 related to time allocated for the processing of Plan
BUILDING PER1VIiTS Check Applications and Building Permits, was presented.
Councilmember O'Day
returned at 9: 06~. m. Members of the public Catharine Eldridge and Peter Bollinger commented
on various aspects of the recommendation.
Discussion ensued on the effects adopting the proposed ordinance will have
on different projects.
Motion by Councilmember McKeown. seconded by Councilmember
7 May 25, 2010
Bloom, to continue this item to June 8"', 2010 with staff returning with the....,
current proposal and with an alternative change in language such that the ''
extension is applicable only to projects where the underlying zoning has I
not changed, and that provides no new extensions if the zoning changes.
The motion was approved by the followring vote:
AYES: Councihnembers McKeown, O'Day, Davis, Holbrook, Bloom
Mayor Pro Tem O'Coimor, Mayor Shriven
NOES: None
ABSENT: None
STAFF AIDiVIIN ITEWIS: 8-A: Farmers' iVlarket I3nles regarding prepared food vendors -
FAI2tvIE73S' MA72KET recommendation to: adopt Section 2.3.2 ofthe Rules, Regulations and Policy
72IJLES Guide relating to the recruitment and operation ofprepared and pre-packaged
food; approve the proposed selection criteria and weighting structure; and
approve the amended prepared and pre-packaged food stall rates and fees,
was presented.
Member of the public Gary Gordon spoke in favor of the recommendation.
Motion by Councilmember McKeown. seconded by Councilmember Davis,
to approve reconmiendation. The motion was approved by the fo11ow1n~.
vote:
AYES: Councihnembers Bloom, Holbrook, Davis, O'Day, McKeown
Mayor Pro Tem O'Connor, Mayor Shriven
NOES: None
ABSENT: None
710 WILSIiIRE BLVD. 8-B: Development Agreement Concept Piansfar a mixed-use 284 room
hotellcammercial project at a designated Landmark at 7I0 Wilshire -
recommendation to discuss the Development Agreement concept plan; direct
staff to initiate the Development Agreement negotiation andrev~ew process;
and provide direction for negotiation of potential public benefits and
appropriateness of the project for the redevelopment of the site, was
presented.
Ken Kuteher and Robert Chattle, representing the applicant, spoke in support
of the project.
Members of the public Valerie Griffin, Ellen Hannan, Rachel Torres, Edith
Garcia, Derek Smith, Mele Screbia, and Abby Arnold spoke alternatively in
support of a better living wage and benefits, the size of the project, and the
need for additional information.
8 play 25, 2010
Members of the public Irene Zivi, Jerry Rubin, Bruce Cameron, John
Berley, Tom Cleys; Jack Walter, Randy Miller, and Tom Zanic spoke in
support of the project.
Discussion ensued on the merits of the recommendation.
Motion by Councilmember Bloom. seconded by Councilmember McKeown,
to approve recommendation, including accepting the offer by the developer
to pay the City's cost for arr economic assessment, and direct staff to:
prioritize the community benefits listed in the staff report, including a living
wage that is commensurate with the highest wages and benefits paid hotel
workers at similar facilities in Santa Monica; consider all other benefits
discussed by Councilmembers; and, an economic analysis to ascertain that
the project can be brought to fruition with as many benefits as possible. The
motion was approved by the following vote:
AYES: Couneihnembers McKeown, O'Day, Da~7s, Holbrook, Bloom
Mayor Pro Tem O'Connor, Mayor Shiver
NOES: None
ABSENT: None
COUNCILMEMBER 13-A: Annual appointment to one position on the Pier Restoration
DISCITSSI®N ITEMS: Corporation for a term ending on November I0, 2013.
r1N1~' [7AL APPOINTIVIENT
On order of the Mayor, this matter was continued to June 22, 2010.
SECOND-HAND SMOI£E 13-B: Request of Councilmembers Davis and McKeown to direct staff,
pursuant to the City Attorney's March 4th, 2010 report onsecond-hand
smoke regulation, and to a subsequent recommendation from the Task
Force on the Environment, to prepare for the Council municipal
ordinance options expanding existing law on residential Gammon areas
to include other outdoor areas adjacent to doors and operable windows,
was presented,
Denise Barton, Carina Rossi, Jerry Rtibin, Martin Conwell, Carina Rossi,
Esther Schiller, Marlene Gomez,lYLira Morris, Willow Evans, Judy Abrams,
Beth Miller, Lmdsay Goodwin, and MarianaBenson-Larkin spoke in support
of the project.
Member ofthe public Catherine Eldridge spoke in opposition to the project.
Discussion ensued on the merits of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember Davis,
May 2~, 2010
to direct staff to prepare options on an ordinance that expands existing law;
in reference to common areas to include other outdoor areas such as patios;,
and balconies and defined by their distance from someone else's door or
operable window.
Substitute motion by Councilmember Bloom, seconded by Mayor Shriver,
that in addition to the main motion, to ban smoking in all necv construction
in residential units in the City in the future, and direst staff to investigate the
Los Angeles County Energy Program, that is intended to focus on energy
efficiency upgrades that may prevent the transmission of smoke from one
apartment unit into the other in existing building and incentivize it fm-ther in
terms of the goals of restricting the passage of second hand smoke between
units.
Mohan to amend by Councilmember O'Dayto direct staffto prepare analysis
regarding designating emits asnon-smoking and grandparenting existing
smokers via asurveytherebycreating aphase-in over time. The motion was
accepted as friendly.
The substitute motion, as adopted, was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom;
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
CON'T'INUING PAST Motion by Councilmember Davis, seconded by Councilmember O'Day, to
11:00 P.NI. continue with the remaining agenda items. The motion was approved by
voice vote, with Mayor Shriver opposed.
SB 1070 13-C: Request of Councilmember O'Day that the Couneil discuss and
adopt Resolution No.10479 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA DENOUNCING
ARIZONA'S ANTI-IMMIGRATION, LAW SUSPENDING OFFICIAL
TRAVEL TO THE STATE OF ARIZONA AND DEVELOPING
ADDITIONAL FINANCIAL SANCTIONS UNTIL SUCH TIME AS THE
NEW LAW IS REVOKED", was presented.
Members of the public Pro Se, and Oscar de la Torre commented in support
of the request.
Member of the public Timothy King spoke in opposition of the request.
10 May 25, 2010
Motion by Cotmcilmember O'Day, seconded by Mavor Shriver, to adopt
Resolution No. 10479 {CGS), reading by title only and waiving further
reading thereof, The motion was approved by unanimous voice vote, with
all members present.
CHILD CARE SVGS. 13-D: Request of Couneilmember Davis that Council adopt Resolution
Na.10480 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA OPPOSING THE GOVERNOR'S
PROPOSED CUTS TO CHILD CARE SERVICES", was presented.
Members ofthe public Valerie Griffin, Richard Cohen, and Brian Hutchings
commented on various aspects of the recommendation.
PUBLIC COMMENT:
ADJ®URNMENT:
Motion by Couneilmember Davis, seconded b~yor Shriver, to adopt
Resolution No. 10180 (CCS), reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day; Davis; Holbrook, Bloom
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
Members of the public Denise Barton, Pro Se, Vincent Rensel, James
Valenti, Dyor Deneb, Ken Ward, and Brian H. commented on various local
issues.
On order of the Mayor, the City Council meeting was adjoiuned at
11:58 p:m.
ATTEST:
Maria Stewart
City Clerk
11 Map 25, 2010