M-110910CI'1`Y OF SA1VT'A MO~lICA
CITY COUNCIL 1YIIr~tiT'I'ES
1®~V Y ElVY1JE1® Jy G®1{1
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem
O'Connor at 53b p.m., on Tuesday, November 9, 2010, at City Council Chambers, 1685 Main
Street.
Roll Call: Present: Mayor Bobby Shriver (arrived at 6:00 p.m.)
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Coruncilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tent' O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVEl!'E/PLEI2GE On order of Mayor Pro Tem O'Connor; the City Cormcil convened
at 5:36 p.m., with Mayor Shriver absent. Councilmember
Holbrook led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS: Member of the public Pro Se commented on the amount of
infornlation disclosed for the closed sessions listed on the agenda.
Mayor Pro Tem Shriver
Arrived at 6.• 00 p. m. On order of the Mayor Pro Tem, the City Cormcil recessed at 5:40
p.m., to consider closed sessions and rehuned at 6:51 p.m., with all
members present, to report the following:
1-A: Conference with Legal Counsel -Existing Litigation:
City of Santa 1l~oniea d~. Kautzk`~, Los Angeles Superior
Court Case 1Vuanber SC i0178i3.
Motion by Councilmember Davis. seconded by Mayor Pro Tem
O'Connor, to approve Settlement Agreement No. 9291 (CCS) in
the amount of $120,000. The motion was approved by the
following vote:
November 9, 2010
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeotivn, Mayor Pro Tem O'Connor, Mayor
Shriver
NOES: None
ABSENT: None
1-B: Conference avith Legal Counsel -Existing Litigation:
Donnelly v. City of Santa 1VIonisa, Los Angeles Superior
Court Cass Number SC 442125.
The City Attorney advised this matter was heard and there was no
reportable action taken.
1-C: Conference with Legal Counsel -Existing Litigation:
Lamle v. City of Santa Nlonisa, et al., USDC, Case No.
CV 04-063551ICK {Sxj.
The City Attorney advised this matter was heard and there was no
reportable action taken.
1-D: Conference with Labor Negotiator.
City Negotiator: Donna Peter, Dir., Fluman
Resources
Bargaining gTnits: Administrative Tea'n Associates
I~tunisipal Ernployses Association
Supervisory'I'eam Associates
The City Attorney advised this matter was heard and there was no
reportable action taken.
1-E: Conference with Legal Counssl -Anticipated Litigation:
Initiation of litigation pursuant to subdivision {sj of
Bastion 54956.9: 1 case
The City Attorney reported this matter was not heard.
C~NSEN'1' CALENDAR: There being a Consent Calendar for each the City Council and the
Redevelopment Agency, on order of the Mayor, and with the
consensus of Councilmembers, the Council convened to a joint
meeting with the Redevelopment Agency and the two Consent
Calendars were heard concurrently.
Menmbers of the public Joey Fullmer, Jerry Rubin and Pro Se
commented on various Consent Calendar items.
At the request of Councilmember Davis, Item 3-D was removed
2 November 9, 2010
from the Consent Calendar.
t0~IINIITES 3-A: The minutes of ~cioher 2b, 201fl, City Council meeting,
were approved as submitted.
RENE6VABLE ENERGY 3-B: Commerce Energy Agreement - recommendation to
authorize the City Manager to negotiate and execute Agreement
No. 9292 (CCS) with Commerce Energy to purchase renewable
electricity for the City from October 1, 2010 through September 30,
2012; and purchase renewable electricity for electrical accounts
switched under SB 695 for the term June 1, 2011 through May 30,
2013, for an estimated amount of $2 million, was approved.
L.A. i6~IARATIIf9N 3-C: Resolution No. 10539 {CCS) entitleed: "A RESOLUTION
PARKING OF THE CITY OF SANTA MONICA ALLOWING OVERNIGHT
PARKING ON MARCH 19, 2011, IN SOUTH BEACH LOTS 4
AND 5 FOR L.A. MARATHON PARTICIPANTS," was adopted.
CIGNA I3EALTIIC 3-E: Contrast with Cigna IlealtlaCare for Employee health
Benefits -recommendation to authorize the City Manager to
negotiate and execute Contract No. 9293 (CCS) with Cigna
Hea(thCare, in the amount of $20,643,212, and to authorize
payment of annual premiums for medical insurance plans, was
approved.
PAY-®N-F'®CT 3-F: Pay-On-Foot 1dlashinss for City parking facilities -
PARI~ING L(3T recommendation to authorize the City Manager to award a sole
MACHINES source purchase order to Sentry Control System, Inc., in the amount
of $1,180,000, for seventeen Ski Data pay-on-foot machines at City
parking facilities, was approved.
CLICIf IT ®R TICIfET 3-G: Click it or Ticket Grant -recommendation to authorize
the City Manager to accept a no match grant in the amount of
$2,029.12 from the University of California Berkeley, Safe
Transportation Research and Education Center in support of the
"Next Generation -Click It or Ticket 2010-2011:" and, authorize
proposed budgetary changes, was approved.
PERSGNNEL-RELATER 3-H: Provision of personnel-relateel legal services -
LEGAL SERVICES recommendation to authorize the City Manager to negotiate and
execute alawyer-client retainer Agreement No. 9294 {CCS) with
Liebert Cassidy Whitmore for personnel-related legal services in
the amount of $200,000, was approved.
RESOURCE RECd~~~+ RY 3-I: City's Recourse Recovery Center's I)evelopmsnt Revieav
CENTER Permit Application -recommendation to adopt Resohrtion No.
November 9, 2010
10540 (CCS} entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA CLARIFYING THAT THE CITY'S
RESOURCE RECOVERY CENTER'S DEVELOPMENT
REVIEW PERMIT APPLICATION SHALL BE REVIEWED IN
ACCORDANCE `VITH THE CITY'S 1984 LAND USE AND
CIRCULATION ELEMENTS AND LAND USE MAP IN
EFFECT ON MAY 11, 2010," was approved.
U AN F'®REST 3-J: Urban Forest Master Plan and Web-based 1Vlanagement
tV1ASTEIZ System -recommendation to authorize the City Manager to
PL,A~T negotiate and execute an amendment to Contract No. 90b4 (CCS}
with Artecho Architecture + Landscape Architecture, in the aniount
of $100,839, for additional services related to the development of a
Long Range Urban Forest Master Plan and Web-based Forest
Management System, for a total contract amount of $304,b30, was
approved.
PEIYSOl~AI, 3-K: Sole Source Purchase of Personal Protective Equipment
PI~DTEd/TIVE for Police Department Personnel -recommendation to authorize
E~ITIPI~IEINT FDIF P.D. the City Manager to award a sole source purchase order to Blauer
Manufacturing Company Inc., in the amount of $102,130.70, for
245 Personal Protective Equipment Suits which guard against
contaminated environments, was approved.
.I(3Ii~'T 1VIEETIi~TG: 520 3-L: Ileplasement Housing Plan ffor 520 Calarado Avenue -
C~LDR4 D A°dENUE recommendation that the Redevelopment Agency adopt Resolution
No. 528 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA APPROVING A REPLACEMENT HOUSING PLAN
IN CONJUNCTION WITH THE PROPOSED 520 COLORADO
AVENUE PROJECT," was approved.
AD.I®UHNtVIENT DF On order of the Mayor, the joint meeting of the City Council and
.If>INT MEETIILTC. the Redevelopment Agency was adjourned at 7:01 p.m., and the
regular City Council meeting was reconvened with aIl members
present.
OPERATI®N ()F 3-D: (3peratian of City parking lots - reconmrendation to
PA NG I.~TS authorize the City Manager to negotiate and execute an amendment
to Contract No. 9050 (CCS} with Central Parking System to add to
scope of work operation of the 400 block of Colorado, 1325 Fifth
Street, and Main Street parking lots; increase the contract by
$174,000 for a tatal of $5,582,738 annually; and approve proposed
budget changes, was presented.
Councilmember Davis advised she removed this item from the
4 November 9, 2010
Consent Calendar because of the existing concerns of parking in the
downtow°rr area. She wanted to convey her appreciation to staff for
including a wide range of options to address the parking problem,
and wanted to continue to encourage staffto move forward with
solutions.
Motion by Councilmember Davis, seconded by Mayor Pro Tem
O'Connor to approve recommendation. The motion was approved
by the following vote:
AYES: Councilmembers McKeown, O'Day. Davis,
Holbrook, Bloom, Mayor Pro Tem O'Connor; Mayor
Shriver
NOES: None
ABSENT: None
ADiV11N P12OCEEDING3: 6-A: Appeal of Planning Commission's approval 04' 1Vlitigated
301 IJC;v+ AN AVEN~JE Negative Declaration, Development 12eview Permit and
APPI;AI, Variance to construct a new three and four-story, twenty-unit
condominium complex at 301 Dcean Avenue - recommendation
to deny appeal l0APP005 and uphold the Planning Commission's
approval of Mitigated Negativ°e Declaration, Development Review
Permit 10-001 and Variance 10-008 for the proposed condominium
project located at 301 Ocean Avenue based on the dra$ findings
and conditions in the staff report, was presented.
At the request of the Mayor, City Attorney Marsha Moutrie advised
that the City had received a request from the Appellants to continue
the hearing because proper notice had not been received. Staff
provided information to Council on the required noticing that staff
tmdertook. The City Attorney also advised that although Appellant
had expressed concern for the "voluminous" materials provided for
the matter, only six pages of the 117 were new material. The City
Attorney concluded that there was no legal necessity to continue
the hearing.
Motion by Councilmember McKeown to postpone the hearing to a
firture meeting. The motion died for lack of a second.
Mr. Titus R%apatoe, representing the Appellant group, spoke in
opposition to the project and requested that the hearing be
continued advising that the Appellant group had not received
proper notice.
Greg Ames and Dale Goldsmith, of Armbruster Goldsmith &
November 9, 2010
Delvac, representing applicant, spoke in support of the project.
Members of the public Martin Erck and Jeff DiCicco spoke in
support of the project.
Motion by Councilmember Holbrook, seconded by Mavor Pro Tem
O'Comior, to adopt Resolution No. 10544 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA
ADOPTING THE MITIGATED NEGATIVE DECLARATION
AND Iv1ITIGATION MONITORING PLAN FOR THE 301
OCEAN AVENUE CONDOMINIUM PROJECT LOCATED AT
301 OCEAN AVENUE." The motion was approved by the
following vote:
AYES: Councilmembers O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Comlor, Mayor Shriver
NOES: None
ABSENT: None
ABSTAIN: Councilmember McKeown
Motion by Couneilmember Holbrook, seconded by Councilmember
Bloom, to find for the Applicant and deny the appeal. The motion
was approved by the following vote:
AYES: Councilmembers O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor, Mayor Shriver
NOES: NTone
ABSENT: None
ABSTAIN: Councilmember McKeown
DIBf?iNANCES: 7-A: Sec®nd reading and adapYion of Drdinanee Na. 2325
BUILI3ING S~'ANDARI3S (CGS) entitled: "AN ORDINANCE OF THE CITY flF SANTA
C®DE MONICA ADOPTING THE CALIFORNIA BUILDING
STANDARDS CODE AND THE SANTA MONICA LOCAL
AMENDMENTS TO THE CALIFORNIA BUILDING
STANDARDS CODE," was presented.
Motion by Councilmember Bloom, seconded by Cotmcilrnember
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'Connor, Mayor
Shriver
NOES: None
ABSENT: None
b November 9, ZO10
PUBLIC IIEAIIINTG; On order of the Mayor, Items 7-B and 9 ~4 to be heard concurrently
AVs'ARD OF TAXICAB
FI$AINCIIISI; 7-B: Introdnctian and first reading of five ordinances of the
Cita~ of Santa Monica granting a taxicab franchise respectively
to Bell Cab Company, Independent Taxi Owners' Association,
Metro Cab Company, TMat Corporation dba Taxi! Taxi.', and
to L.A. Taxi Cooperative dba V'ellow Cab Company, to provide
taxicab servie: s in the City of Santa 1Vlonica, was presented.
4-A: Paablic hearing and award of #axicab franchises -
recommendation to: hold a public hearing and accept public
conmient; introduce for first reading five ordinances granting
franchises respectively to Bell Cab Company, Independent Taxi
Owners Association, Metro Cab Company, Taxi! Taxi`, and
Yellow Cab Company; adopt Resohrtion No. 10542 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA VIONICA
ESTABLISHhi tG ANNUAL TAXICAB FRANCHISE FEES AND
TAXIMETER RATES"; and adopt Resolution No. 10543 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SETTING FORTH THE ADMINISTRATIVE CITATION
SCHEDULE OF FIivTES AND PE.~ALTIES FOR VIOLATIONS
OF TAXICAB RULES AND REGULATIONS," was presented.
The following members of the public commented on various
aspects of the proposed franchise ordinances and in support oftheir
respective proposals (or their clients): Lynda Gerber, Viej
Alvandian, Victor Caballero, Won L Kang, Carl Johnson, Arsen
Hakhiny°an, Andrey Pripishlco, Mikhail Tsipenyul, Elen Poghosyan,
Serouj Aprahamian, Sarkis Melkaniay, Nora Hovsepian, Paul
Hortobagyi, Matabai Ahmed, David Gershwin, David Bagramian,
Karapet Torosyan, Akop Torosyan, Arthur Mentsoyan, Edward
Poghosyan, Chr7stine Redtin, David Hdae Latoyan, Virginia
Catalan, Varaj Kouzikian, Kim Tehrany, Tom Larmore, Apman
Radwan; Wendy Radwan, Ahmed Salem, Michael Calin, Don
Burris, Ash Alkishawi, Fuad, Saneh, Ed Hokobyan, Sam Ghayan,
Francisco Moreno and Matt Neco.
Member of the public Denise Barton expressed various concerns;
member of the public Louisa Fish spoke in support of senior
diseotmt coupons; and member of the public Jerry Rubin spoke
generally in support of the recommendation.
November 9, 2010
Considerable discussion ensued including but not limited to the
process undertaken for the award, the low emission requirement of
the fleet, the number of taxicabs being approved, maxitmun fares,
the need for having vans as part of the fleets and ADA
accommodations.
At the conclusion of the'diseussion, it was the consensus of Council
that, in order to clarify the process, the first word in the second
sentence in Section 5(c) (2) ("Thereafter') would be deleted from
each of the five ordinances, and the resolution setting rates and fees
would be amended to include the word "maximum" before each of
the three amowits set for airport fares.
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to introduce an ordinance granting a
franchise to Bell Cab Company to provide taxicab services in the
City of Santa Monica, as amended, 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
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to introduce an ordinance granting a
franchise to Independent Taxi Owners' Association to provide
taxicab services in the City of Santa Monica, as amended, reading
by title only and waiving further reading thereof. The motion wa<.
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, fl'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor
Shriver
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to introduce an ordinance granting a
franchise to Metro Cab Company to provide taxicab services in the
City of Santa Monica, as amended, reading by title only and
November 9, 2010
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Couneihnernbers 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 introduce an ordinance granting a
franchise to TMat Corporation dba Taxi! Taxi! to provide taxicab
services in the City of Santa Monica, as amended, reading by title
only and waiving fi~rther reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeotivn, Mayor Pro Tem O'Comror, Mayor
Shriver
NOES: None
ABSENT: None
Motion by Councilmeember McKeown, seconded by
Councilmember Bloom, to introduce an ordinance granting a
franchise to L.A. Taxi Cooperative dba Yellow Cab Company to
provide taxicab services in the City of Santa Monica, as aniended
reading by title only and waiving further reading thereof, The
motion was approved by the following vote:
AYES: Councilmembers gloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor
Shriven
NOES: None
ABSENT: None
Motion by Councilmember McKeown, seconded by
Councilmember Bloom, to adopt Resolution No. 10542 (CCS),
reading by title only and waiving further reading thereof, amended
to add the word "maximum" before each of the three amounts set
for airport fares. The motion was adopted by the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor
SIrriver
9 November 4, 2010
NOES: None
ABSENT: None
Motion by Councihnember McKeown, seconded by
Couneilmember Bloom, to adopt Resolution No. 10543 (CCS),
reading by title only and waiving further reading thereaf. 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
Motion by Councihnember Bloom seconded by Couneilmember
McKeown, to return with the proper procedural strategy to increase
the fleet by 50 units with up to ten cabs for each of the five taxi
franchisees._ _The motion was approved by the following vote:
AYES: Councilmembers Bloom, Halbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor
Shriver
NOES: None
ABSENT: None
CflNTINiT1NG PAST Motion by Couneilmember Davis seconded by Mayor Shriver, to
11:00 P.iVI. continue past 11:00 p.m., with the remaining agenda items. The
motion was unanimously approved, with all members present.
AIDIMIN.ITENIS: 8-A: Amendment to Council Rules for the conduct ®f Council
C®iJNCll.181JI,1;+ S meetings -recommendation to adopt Resolution No. 10541 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
Couucilmember Davis was CITY OF SANTA MONICA AMENDING THE RULES OF
excused ad 12: Li a. m. ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS AND REPEALING RESOLUTION
NUMBER 10525(CCS)," clarifying and amending the rules to
prohibit conduct that blocks audience members' and television
cameras' view in Council Chambers of the City Council, and to
prohibit persons$om being present in the well area of the Dais
except temporarily as part of their participation in a particular
agenda item, was presented.
Members of the public Jer25~ Rubin and Denise Barton in opposition
to the recommendation.
Motion by Mayor Pro Tem O'Connor, seconded by
Couneilmember Bloom, to adopt resolution, reading by title anly
10 November 9, 2020
and waiving further reading thereof. The motion was approved by
the following vote:
AYES: Councilmembers Bloom, Holbrook, O'Day,
McKeown Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
C~d1NCI I'TEl~IS:
CAlYIPAIt~~t
DISCLOSURE
REQUIREil4EhT"PS
Coa~ncilrr~ember Drwis
r•ePUYned at 12:25 a. m.
P€T13I.1C IisIPITT:
ABSENT: Councilmember Davis
13-A: Request of Couusilsnenaber Msl~eown that the Council
direst staff to explore local legislation requiriug that polatisal
expenditures ineaut to affect Santa il~Ianica elections be
reported to our City Clerlc at the same tune they are reported
to tiae state of California, and return to Council as soon as
possible with aptions, was presented.
Members of the public Valerie Griffin, Gress Heacock and
Catherine Eldridge spoke in support of the request.
Motion by Councilmember McKeown, seconded by Mayor Pro
Tem O'Connor, to approve request. The motion was approved by
voice vote, with Councilmember Holbrook abstaining and all
members present.
On order of the Mayor, the City Council meeting was adjourned at
12:4$ a.m., in memory of Aundrea
ATTEST:
Q--~~~--
Maria M. Stewart
City Clerk
C~
11 November 9, 2010