M-060810CITY OF SANTA MONICA
CITY COUNCIL. MINUTES
JUNE 8, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Shriver at 5:49 p.m.,
on Tuesday, June 8, 2010, at City Council Chambers, 16$5 Main Street.
Roll Call: Present: Mayor Bobby Shriver
Mayor Pro Tem Pam O'Coimor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Terry O'Day
Also Present: Assistant City= Manager Jennifer Phillips
City Attorney Marsha Jones Moutrie
City Clerk Maria Stewart
CONYENE/PLEDGE On order of the Ikiayor, the City Council convened at 5:%19 p.m., with all
members present. Councilmember McKeown led the assemblage in the
Pledge of Allegiance.
CONSENT CALENDAR: Members of the public Joey Fullmer and Jerry Rubin commented on
various Consent Calendar items.
Motion by Councilmember McKeown. 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 McKeown, O'Day, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
MINUTES 1-A: The minutes of the May 11, 2010, City Council meeting were
appro~.`ed as submitted.
BBB SIGNAGE 1-B: Big Blue Bus Stop Real Time Signs - recommendation to authorize
1 June $, 2010
the City Manager to negotiate and execute a contract with Trapeze Group, in
the amount of $1,992,110, to provide for the licenses, software integrations
production, installation, and three-year support program for 96 real-time
signs to be placed in new kiosks being created for the bus stop
redevelopment program; and approve proposed appropriatian of funds, was
withdrawn at the request of staff.
1943 - 1959 HIGH PLACE 1-C: Proposed Affordable Home Ownership Development at 1943 -
1959 High Place Grant Funding - reconmiendation to adopt Resolution
10481 No. (CCS} entitled, " A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING: THE SUBMITTAL OF AN APPLICATION TO
THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
BUILDING EQUITY AND GROU'TH IN NEIGHBORHOODS {BEGIN)
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS
THERETO; AND ANY OTHER RELATED DOCUMENTS NECESSARY
TO PARTICIPATE IN THE BEGIN PROGRAM"; execute Agreement No.
9223 (CCS) with the State and any other related documents necessary to
participate in the BEGIN Program, was approved.
SCULP'T'URE 1-D: Conservation of The Big Wave publie art sculpture at Wilshire,
RESTORATION & Franklin -recommendation to authorize the City Manager to execute
Contract No. 9224 (CCS} with Exclusive Welding, Inc., in the amount ah
$75,000, for structural repair and restoration of the sculpture The Big Wave
by Tony DeLap, was approved.
HISTORICAL 1-E: Historic resaurce analysis services related to the Historical
PRESERVATION Preservation Program Goals and Policies - recommendation to authorize
PROGRAM the City Manager to negotiate and execute Contract No. 9225 {CCS) with
PCR Services Corporation, in the amount of $38,000 for a total contract
amount of $107,950, to provide professional services in the field of historic
preservation, was approved.
SCRUBBER-SWEEPERSl-F: Purchase of Scrubber-Sweepers-reconunendationto authorize the
PURCHASE City Manager to negotiate and execute Lease Agreement No. 9226 (CCS}
with Tennant Sales and Service Company, in the amount of $328,673 over
a four yeaz term, to lease three scrubberlsweepers with a full maintenance
agreement for four years for the Promenade Maintenance Division, was
approved.
BIODIESEL FUEL I -G: Renewal Option for Biodiesel Fuel - recommendation to authorize
2 June 8, 2010
City staff to exercise the first one year renewal option offered by General
Petroleum Corporation, in an amount of $2,OSQ131, to supply and deliver
biodiesel fuel blends to the Big Blue Bus Department and the Fleet
Management Division during the period July 1, 2010 through June ~ 0, 2011,
was approved.
CLOSED SESSIONS: Member of the public Joey Fullmer commented on various closed session
items.
On order of the Mayor, the City Cotmcil recessed at 612 p.m., to consider
closed sessions and reconvened at 7:12 p.m., to report the following action
taken:
2-A: ConferencewithLegalCounsel-InitiationofLitigationpursuant
to subdi~~ision (c) of Section 54956.9: lease -1901-1925-1933 S.
Bundy, 12333 Olympic Blvd., Los Angeles.
The City Attorney reported that this matter was not heard.
2-B: Conference with Legal Counsel - Anticipated Litigation:
Initiation of Litigation pursuant to Section 54956.9c. (Califarnfa
Regional Water Quality Control Board, Clean Up and
Abatement OrderNTO. R4-2008-0034, Former Gillette Paper Mate
facility, 1681 26th Street, Santa Monica, CA.)
The City Attorney reported that this matter was not heard.
2-C: Conference with Legal Counsel - Existing Litigation:
Interinsurance Exchange v. City of Santa Monica, Los Angeles
Superior Court Case Number BC 410631.
The City Attorney reported that this matter was not heard.
2-D: Conference with Labar Negotiator,
City Negatiator: Donna Peter, Director of Human Resonrces
BargainingdTnits: Coalition ofSanta Monica City Employees:
Administrative Team Associates (ATA)
Public Attorney's Legal Support Staff
Union (PALSSU)
Management Team Associates (MTA)
Municipal Employees Association (A~IEA)
Public Attorney's Union (PAL1)
Santa 1Yloniea Firefighters, Local 1109
June 8, 2010
{sM~1"A)
Supervisory Team Associates {STA)
United Transportation Union, Local 1783
ACTION: The City Attorney reported that this matter was heard with no
reportable action taken.
2-E: ConferencewithLegalC'ounsel-InitiationofLitigationpursuant
to subdivision {c) of Section 54956.9: 2 cases
ACTION: The City Attorney reported that this matter was not heard.
2-F: Conference with Legal Counsel -Existing Litigation: Griffin v.
City of Santa Monica, United States District Court Case l~TO. CV
09-07545.
ACTION: The City Attoriey reported that this matter was not heard.
2-G: Conference with Legal Counsel -Existing Litigation: Chlubna et
al. v. Citv of Santa Monica, USDC Case No. CV09-5046 CBM
(Ex).
The City Attorney reported that this lawsuit, which was filed on July 1416 by
several homeless persons (ACLU) against the City, has been voluntarily`;,
dismissed with prejudice by the plaintiffs; that the City will not be changing
any of its laws, practices, or policies and will not pay out any monies to the
ACLU; that the parties have agreed to confirm their ongoing commitment to
the following mutual principals when addressing issues ofhomelessness: all
communities need to provide a reasonable amount of shelter beds and
services; that no one should be forced out of a community because he/she is
homeless; that doorway sleeping and homeless status should not be crimes;
that communities need to engage in outreach to the mast vulnerable; and that
public safety personnel should be adequately trained.
Motion by Councilmember Bloom, seconded byMavor Shriven, to accept the
terms of the resolution of the case. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Shriven
NOES: Nane
ABSENT: None
4 June 8, 2010
- 2-H: ConferencetivithLegalCounsel-Initiationoflitigationpursuant
to Section 54956.9c {initiation of 1 case to collect transient
occupancy taxes owing from on-line booking companies;
retention of counsel).
The Cit}' Attorney reported that this matter was not heard.
2-I: Conference with R
Property:
City Negotiator:
Under Negotiation:
Lessee of Record:
eal Property Negotiator
1336 ; fifth Street
Andy Agle, Dir., Housing & Economic
Development
Lease Negotiations
Hershey
The City Attorney reported that this matter w°as not heard.
2-J: ConferencewfithLegalCounsel-InitiationofLitigationpursuant
to subdivision {c) of Section 54956.9: 1336 Fifth Street
The City Attorney reported that this matter was not heard.
CHANGE IIiT AGENDA Motion by Coimcilmember O'Dav, seconded b~avor Shriver, to hear Item
HRDER 7-C after 9:00 p.m., to await the arrival of the Chair of the Task Force on the
Environment The motion was unanimously approved by voice vote, with
all members present.
ORDINANCES: 7-A: Introduction and first reading of ordinance amending Municipal
PLAN CHECK Code Chapter 8.08 related to time allocated for the processing of Plan
APPLICATIONS ~c Check Applications and Building Permits, was presented.
BUILDING PERMITS
Motion by Councilmember McKeown seconded by Councilmember Davis.
to introduce ordinance for first reading, 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 Shriner
NOES: None
ABSENT: None
TAXICABS 7-B: Introduction and first reading of an ordinance amending
Municipal Code Chapter 6.49 relating to taxicab franchises; and
amending sections 6.04.110 and 6.04.160 regarding taxicabs, was
presented..
~ June 8.2010
Member ofthe public Denise Barton commented generally on the proposed
ordinance.
lblotion by Councilmember McKeown, seconded by Counciimember
Bloom, to introduce ordinance for first reading, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
STAFF' ABMIN ITEMS: 8-A: Resolutions Calling the November 2, 2010 Municipal Election -
10TOVEMBER 2, 2010 recommendation to adopt Resolution No. 10482 {CCS) entitled, "A
MUNICIPAL ELECTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALLING AND GIVING NOTICE FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2010, FOR ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE SANTA MONICA CITY
CHARTER"; Resolution No. 10483 (CCS) entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE ,`
COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL>
MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE
HELD ON NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON SAID DATE PURSUANT TO
ELECTIONS CODE SECTION 10403' ; Resolution No. 10484 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA, CALIFORNIA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2010"; and Resolution No. 1048s' {CCS),
approving entering inta Contract No. 9228 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED
SERVICES FOR THE CITY RELATING TO THE CONDUCT OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2,
2010", was presented.
There was no one present for public comment.
6 June 8, 2010
Motion by Councilmember Holbrook, seconded by Councilmember Davis
to adopt all resolutions, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES: Couneilmembers Bloom, Holbrook, Davis, O`Day,
McKeown, Mayor Pro Tem O'Coimor, Mayor Shriver
NOES: None
ABSENT: None
REPORTS OF BOARDS 10-A: Recommended Charter Changes from the Rent Control Board
AND COMMISSIONS: broadening the scope of tenant protections - recommendation fiom the
RENT CONTROL BOARD Rent Control Board that the City Council place two modifications to the
Rent Control Charter Amendment on the November 2010 ballot to include
changes to Section 1806 (the eviction section); to consider extending the
just-cause eviction protections that apply to tenants living in controlled
rental units to all tenants inmulti-unit residential properties, and to consider
whether increases iu relocation benefits are warranted and that it ev-pand the
class of recipients eligible for these benefits to include tenants of
non-controlled units, was presented by Rent Control Board Commissioner
Jennifer Kennedy.
Members of the public Jerry- Rubin and Joy Fullmer commented generally
in fati or of the proposed charter amendment.
Discussion ensued on the proposal. The City Attorney commented that
some of the goals in the proposal might be accomplished via an ordinance.
Motion by Councilmember McKeown, seconded by Mayor Shriver, to
direct staffto prepare the necessary ballot language and any applicable draft
ordinances, taking in to consideration all comments received by Council.
The motion was tnanimously approved by voice vote, with all members
present.
COUNCILMEMBER 13-A: Appointment to one unscheduled vacancy on the Arts
DISCUSSION ITEMS: Commission for a term ending on June 30, 2011.
UNSCHEDULED
VACANCY On brder of the Mayor, this matter was continued to June 22, 2010.
URBAN RUNOFF 7-C: Introduction and Drst reading of an ordinance to update and
clarify Chapter 7.10, the Urban Runoff Pollution Control, was
presented.
Member of the public Jerry Rubin spoke in favor of the ordinance.
June $, 2010
Considerable discussion ensued on the merits of the proposed ordinance...
including mininnun performance standards being set for the Besj
Management Practices (BMP} and whether the proposed language exempt
City projects from the requirements for BMP's and fees.
Motion by Councilrember McKeown. seconded by Councilmember Davis,
that with the understanding that there will be minimum standards set for the
BMP's, and the language is amended as suggested by the City Attorney's
Office to include the BMP's fees for the City projects, to introduce ordinance
for first reading, reading by title only and waiving further reading thereof.
Considerable discussion ensued on the effects of the amendments to the
motion. Assistant City Manager Jennifer Phillips answered goes#ions,
provided information and other options to consider.
Substitute motionbyMayor Shriver, seconded by Councihnember Holbrook,
to introduce the ordinance as proposed by staff, amended to include the
option, as provided by Ms. Phillips, that staff bring to Council reconstruction
projects after requesting bids with two options: one with the normal process
and a second bid including the fees that would otherwise be applicable with
the amendment suggested by Councilmember McKeown in his motion, and
present both bids to Council for evaluation and selection.
After considerable discussion on the merits of the substitute motion and itc
applicability, Mayer Shriver withdrew his motion.
Substitute motion by Councilmember Bloom, seconded b~vor Shriver,
to introduce the ordinance, amending it to include compliance by all
municipal projects except those of a value of $1,000,000 or less; that for
those projects staff to request two separate bids, with one bid including the
BMF's and fees and one ~t~ithout them; and, with Council having the option
of selecting from the tcvo bids.
Senior Land Use Attorney Barry Rosenbaum read into the record language
applicable to the amendment as follows: "Any municipal street, road and
alley reconstruction project of $1,000,000 or more, excluding re-paving
projects of existing roads, shall implement post-construction BMP's for
green transportation infrastructure." Mr. Rosenbaum added two clerical
corrections as follows: 1) on page 9 of the ordinance, subsection (c), the
word "practices" after the word "permanent" should be struck; and 2} page
16 of the ordinance, subsection (z), the "5-year period" should be changed
to `3-year period" to be consistent with a similar citation elsewhere in the
ordinance.
8 June 8, 2010
The maker of the motion included the above language as part of the
substitute motion. The substitute motion was approved by the following
vote:
AYES: Councilmembers O`Day, Davis, Holbrook, Bloom,
1~layor Pro Tem O'Connor, Mayor Shriver
NOES: Councilmember McKeown
ABSENT: None
Councilmember McKeown stated, for the record, that his "nd' vote reflects
he is not comfortable passing a law based on principles that the City has
championed and then excepting itself from it.
PI7Bi.IC COMMENT: Members of the public Denise Barton,
commented on various local issues.
ADJOURNMENT: On order of the Mayor, the City Cormcil m
$:~6 p.m in memory of Norman Lacy, Jo7~
ATTE~ {\
Maria Stewart
City Clerk
Pro Se, and Michael Toney
retina ~ adjotuned at
rooden and Stephen Rivers.
AP OVE
Ulm
Bo by Shiver
Mayor
9 7time 8, 2010