M-102610CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 26, 2010
A regular meeting of the Santa Monica City Council was called to order by City Clerk Maria M.
Stewart at 5:46 p.m., on Tuesday, October 26, 2010, at City Council Chambers. 1685 Main
Street.
Roll Call: Present: Mayor Bobby Shriven (arrived at 6:00 p.m.)
Mayor Pro Tem O'Connor (arrived at 9:40 p.m.)
' Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook (arrived at 5:49 p.m.)
Councilmember Kevin McKeown
Councilmember Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDCE On order of the City Clerk, the City Council convened at 5:46 p.m., vtrith
Councilmember Holbrook, Mayor Pro Tem O'Connor, and Mayor Shriven
absent. Councilmember Bloom led the assemblage in the Pledge of
Allegiance.
APPOINTMENT OF Due to the absence of Mayor Shriven and Mayor Pro Tem O'Connor the
INTERIM CHAIR City Clerk asked for a nomination for an Interim Chair to preside over the
meeting.
Motion by Councilmember Davis, seconded by Councilmember Bloom, to
appoint Councilmember O'Day as Interim Chair. The motion was
unanimously approved by voice vote, with Councilmember Holbrook,
Mayor Pro Tem O'Connor, and Mayor Shriven absent.
Interim Chair O'Day assumed the Chair.
CLOSED SESSIONS: Member of the public, Pro Se, commented on various closed session items.
Councilmember Holbrook
arrived at ~: 49 p.tn. On order of Interim Chair O'Day, the Cit3~ Council recessed at 5:50 p.m.,
to consider closed sessions and reconvened at 6:46 p.m., with Mayor
Mayor Shriven arrived at Shriven assuming the Clair and Mayor Pro Tem O'Connor absent, to
b: DD p. m. report the following:
1-A: Conference with Legal Counsel regarding Claim No. 10-038 -
October 26, 2010
Claimant's name: Nina David.
City Attorney Marsha Moutrie recommended Settlement No_ 9288 (CCS)~
atrip-and-fall case, in the amount of $24,500.
Motion by Councilmember Davis. seconded by Councilmember
McKeown, to approve the recommendation. The motion cvas approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook. Davis, O'Day,
McKeown, Mayor Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
1-B: Conference with Legal Counsel -Anticipated Litigation:
Initiatian 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 fasility,1681
26th Street, Santa Monica, CA.)
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action Taken.
1-C: Conference with Legal Counsel -Existing Litigation: City of
Santa Monica v. Kautzlzv, Los Angeles Superior Court Case Number '!
SC 101788
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1-D: Conference with Legal Counsel regarding Claim No. 09-8140
Claimant°s name: Xenon Investment Corporation.
City Attorney Marsha Moutrie recommended Settlement No. 9289 (CCS)
for damages resulting from a water main leak in the amount of $39,600.61.
Motion by Councilmember Holbrook, seconded by Cotmcihnember Davis,
to approve the recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook,
Bloom, Mayor Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
CONSENT CALENDAR: Members of the public Joey Fullmer, Denise Barton, Pro Se, Brian
2 October 26, 2010
Hutchings, and Linda Armstrong commented on various items.
Motion by Councilmember Holbrook, seconded by Councilmember
McKeown, 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: Councihnembers Bloom, Holbrook, Davis,
O'Day, McKeown, Mayor Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
MINUTES The minutes of the October 12, 2010 meeting were approved, as amended.
WATER QUALITY 3-B: Report on Water Quality and Public Ilealth Goals -
REPGRT recommendation to: Concur that the two recommended actions related to
the City s 2010 report on water quality are exempt from review pursuant to
the California Environmental Quality Act Guidelines Section 15061 (b);
hold a public hearing for purposes of receiving and accepting public
comments an the Report on YYater Quality Relative to Paublie Health
Goals, and accept the report, was approved.
BBB SII®RT RANGE 3-C: Resolution No. 10535 (CCS} entitled: "A RESOLUTION OF
TRANSIT PLAN THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO FILE THE FISCAL YEARS 2011-13 SHORT RANGE
TRANSIT PLAN; TO SUBMIT GRANT APPLICATIONS, AND TO
EXECUTE GRANT AGREEMENTS IN FURTHERANCE OF THE
SHORT RANGE TRANSIT PLAN," was adopted.
TRUCK MOUNTED 3-D: Purchase of Truck Mounted Loader for hauling dirt and debris
LOADER -recommendation to authorize the City Manager to award Bid No. 3009 to
Rush Truck Center, in the amount of $2}7,567, for the purchase and
delivery- of one new and unused truck mounted loader, was approved.
REED PARK ®FFICE 3-E: Reed Park office improvement project recommendation to
IMPR®VEMENT authorize the City Manager to negotiate and execute Contract No. 9290
(CCS) with CST Construction Company, in the amount of $107,800, for
the project at Reed Park, was approved.
HEAVY-DUTY 3-F: Purchase of heavy-duty vehicle lift - recommendation to
VEHICLE LIFT authorize the City Manager to issue a purchase order to Southwest Lift &
Equipment, Inc., in the amount of $140,000, for the purchase and
installation of two heavy-duty vehicle lifts, was approved.
MILLS ACT 3-G: Mills Act Contracts at 2402 4`b, #12 and 2323 5th Streets -
3 October 26, 2010
CONTRACTS 2402 4Tn recommendation to adopt respective Resolution Nos. 10536 (CCS) and
AND 2323 $Ta STREETS 10537 (CCS), entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATl
AND EXECUTE HISTORIC PROPERTY CONTRACTS WITH THE
OWNERS OF THE PROPERTIES DESIGNATED CITY LANDMARKS
AT 2402 4TH STREET #12 (RESOLUTION NO. 1036), AND AT 2323
5TH STREET (RESOLUTION NO. 10537)," was approved.
CIIANGE ORDER OF On order of the Mayor and with consensus of Councilmembers, Item
AGENDA 4-A to be heard at 8:00 p.m., when radio station KCRW airs the Council
meeting, in order to allow the radio audience to hear the presentation.
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2326 (CCS)
MATCIIIVIAHING AND entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
ESCORT SERVICES OF SANTA MONICA AMENDING THE MUNICIPAL CODE
REGARDING MATCHMAKING AND ESCORT SERVICES," was
presented.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to adopt ordinance, reading by title only and waiving fiirther
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis,
Holbrook, Bloom, Mayor Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
SIDEWALK AND 7-B: Second reading and adoption of Ordinance No. 2327 (CCS)
DRIVEWAY entitled; "AN ORDNANCE OF THE CITY COUNCIL OF THE CITY
OBSTRUCTIONS OF SANTA MONICA AMENDING CHAPTER 3.12 OF THE
MUNICIPAL CODE RELATED TO SIDEWALK AND DRIVEWAY
OBSTRUCTIONS," was presented.
Motion by Councilmember Davis, seconded by Councilmember Holbrook,
to adopt ordinance, 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 Shriver
NOES: None
ABSENT: Mavor Pro Tem O'Connor
COUNCIL RECESS Member of the public Pro Se tivho, after commenting an the Consent
Calendar remained in front of the dais holding a large sign, was asked by
the Mayor to put the sign down as the size of the sign was interfering with
the TV cameras airing the Council meeting.
Mr. Pro Se declined several requests to put the sign down. Mayor Shriver I -,
4 October 26, 2010
declared Mr. Pro Se out of order, and pursuant to Rule No. 15 of
Resolution 10525 {CCS), providing for the rules of order and procedure for
the conduct of City Council meetings, requested Chambers cleared and
asked the Sergeant-at-Arms to remove Mr. Pro Se from Council Chambers.
On order of the Mayor and in order to allow far the removal of Mr. Pro Se
from Council Chambers, the City Council recessed at 7:04 p.m., and
returned at 7:13 p.m., with Mayor Pro Tem O'Connor absent.
BUILDING 7-C: Adoption of Resolution No. 10538 {CCS) entitledc "A
STANDARDS COBS RESOLUTION OF THE CITY OF SANTA MONICA MAKING
FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL AND
TOPOGRAPHIC CONDITIONS PURSUANT TO THE HEALTH AND
SAFETY CODE; INTRODUCTION AND FIRST READING OF AN
ORDINANCE ADOPTING THE CALIFORNIA BUILDING
STANDARDS CODE AND THE SANTA MONICA LOCAL
AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS
CODE"; and recommendation to direet staff to file the resolution and
ordinance, once adopted, with the California Building Standards
Commission at least thirty days before the effective date of the Codes,
was presented.
Member of the public, Brian Hutchings commented on the item.
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to adopt Resolution No. 10538 (CCS), reading by title only and
waiving fw-ther reading thereof. The motion was approved by the
fallowing vote:
AYES: Councilmembers McKeor~n, O'Day, Davis, Holbrook,
Bloom, Mayor Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
Motion by Cou_nclmember McKeown, seconded by Councihnember
Holbrook, to approve staffreeommendation and 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 Shriver
NOES: None
ABSENT: Mayor Pro Tem O'Connor
STAFF ITEMSs 8-A: Report on regulation of street performance and request for
October 26, 2010
STREET Council direction om potential revisions -recommendation to review the..
PERFORMANCE infornlaxion and suggestions supplied in this report, cansider input from th!
public, and give staff direction on preparing any revisions to the street
performance laws considered appropriate in light of the record, was
presented.
Members of the public, Denise Barton, Paul Dale, Sally Kaslov, Anna
Corral, Steven Bradford, Jem• Rubin, Jude Brown, Krystina Kessler, and
Kathleen Rawson commented on the recommendation.
Council asked questions of staff. Discussion ensued on possible
modifications of the current regulations and enforcement.
Motion by Councilmember Bloom, seconded by Councilmember
McKeown, to refer the item back to staff with direction to take into
consideration the comments heard on the dais, from the community, and on
the record. The motion was unanimously approved by voice vote, with
Mayor Pro Tem O'Connor absent.
COUNCIL BREAK On order of the Mayor, the City Cotmcil recessed at 8:41 p.m.; and
returned at 8:47 p.m., with Mayor Pro Tem O"Connor absent.
STUDY SESSIOIO'S: 4-A: Homeless Update: Presentation on the status of a range of
HOMELESS UPDATE regional and local homeless issues including Veterans Administration
initiatives; federal plans and fundang to address homelessness
(including local impacts); and a brief summarg of Santa
Monica's progress to end homelessness, was presented,
Member of the public, Jerry Rubin commented on the presentation.
Staff answered questions of Councihnembers. Discussion ensued. After
discussion, on order of the Mayor, the information was received and filed.
1550 BEACH LOT 8-B: Commercial event policy for axe of 1550 Beach Parking Lot -
recommendation to approve proposed revisions to the commercial event policy
guidelines for events atthe beach parking lot at 1»0 Pacific Coast Highway, was
presented.
Member of the public, Brian Hutchings, commented on the recommendation.
~flayor Pro Tem O'Connor Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to
arrived at 9: 4fl p. m. remand proposed guidelines to staff for re-warking based on Council's comments
and concerns expressed, except to return with language to implement option 3
(Option 3: Allow single day large scale events daring the daythne hours from
December 1 through January I, and authorize the City Manager to negotiate and
execute these license agreements on an annual basis.), changing the date covered;
to 12/I(10 through 1!15!11; return with language for option 4 as well (Option 4:
Restructure the licensee`s fee to allow for negotiation of a percentage of gross ~
October 26, 2010
sales as part of the fee stnzcture for timed events.); and change the name of the
guidelhres to "The 1550 Beach Parking Lot Cultural/Entertainment Event Policy
Guidelines." The motion was approved by the following vote:
AYES: Councihnembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by Councilmember Bloom to
direct staff to bring back to Cowrcil options 5 and 6 with additional information
and with suggestions on how to help the Pier's businesses to enhance their
revenue and how to facilitate mobility amongst the lots to maximize
opportunities. The motion was approved by unanimous voice vote, with all
members present.
BOARDS & 10-A: Recommendation to appoint Susan Cloke to the second
COMMISSIONS: Emeritus position on the Recreation and Parks Commission effective
EMERITUS POSITION October 29, 2010, was presented.
Councilmember Bloom discussed the process of Emeritus appointments
and the need to revisit the policy.
Motion by Councilmember Davis, seconded by Mayor Shriver, to approve
the reconunendation to appoint Ms. CIoke, amended to direct staff to bring
back to Council the issue of emeritus positions at the next upcoming
Council retreat. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor Shriner
NOES: None
ABSENT: None
COITNCIL ITEMS 13-A: Appointment to one nnscheduled vacancy on the Personnel
PERSONNEL BOARD Board for a term ending ,Tune 30, 2011, was presented.
On order of the Mayor, the Hoar was open for nominations.
Councilmember McKeown nomf nated Marcia Zimmer.
There being no other nominations, Ms. Zimmer was appointed by
acclamation, with all members present.
EQIJAL BENEFITS 13-B: Request of Councilmember Bloom that the City Conncil direct
7 October 2b, 2010
ORI?INE4NCl1 staff to review and return to the Council with advice and proposed
language regarding adoption of an °'Equal Benefits Ordinance" for
the City of Santa i'Ionica that would require that contractors who
provide benefits to employees with opposite sex spouses must provide
the same benefits to employees with same sex spouses and to domestic
partners. The State of California and a growing number of local
jurisdictions have passed similar Ordinances. Proposed language
pending in the City of San Daego accompanies this request, was
presented.
Members of the public, Brian Hutchings, Jack Walters, and Marc Solomon
commented in support of the recommendation.
Motion by Councilmember Bloom, seconded by MaYOr Pro Tem
O'Connor, to approve recommendatian. The motion was approved by the
following vote:
AYES: Coimcilmembers gloom, Holbrook, Davis, O'Day,
iUlcKeown, Mayor Pro Tem O'Connor,
Mayor Shriver
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public, Denise Barton, Pala, Stephen Dunay, Vivian Pablu
Brian Hutchings, and Art Casillas commented on various local issues.
On order of the Mayor, the City Council meeting was adjourned at 10:5'7
p.m. in memory of Senator Jemry Oropeza and Morris Rosen.
ATTEST:
-~ _~
LA.s--a~.~...~
Maria M. Stewa' rt
City Clerk
October 26, 2010