M-112310CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 23, 2010
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O'Connor at
5:36 p.m., on Tuesday, November 23, 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
Councilmember Terry O'Day
Absent: Mayor Bobby Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order of Mayor Pro Tem O'Connor, the City Council convened at 5:36 p.m.,
with Mayor Shriver absent. Councilmember Davis led the assemblage in the
Pledge of Allegiance.
CLOSED SESSIONS: Member of the public Pro Se commented on various closed session items.
On order of the Mayor Pro Tem, the City Council recessed at 5:40 p.m., to
consider closed sessions and returned at 6:31 p.m., with Mayor Shriver absent,
to report the following:
1-A: Conference with Real Property Negotiator:
Property: 401 Ocean Avenue
City Negotiator: Andy Agle, Dir., Housing & Economic Dev.
Under Negotiation: Interest in Real Property
Owner of Record: Donald Morris
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1-B: Conference with Legal Counsel — Anticipated Litigation: Initiation
of litigation pursuant to subdivision (c) of Section 54956.9: 1 case.
November 23, 2010
At the request of Council, City Attorney Marsha Moutrie clarified that Item I -
B is related to a default on affordable housing obligations on the part of the
JSM Company. The City Attorney reported that this item was heard with no
reportable action taken.
CONSENT CALENDAR: There being a Consent Calendar for the City Council and the Parking
Authority, on order of the Mayor Pro Tem and with the consensus of
Councilmembers, the two Consent Calendars were to be heard concurrently in
a joint meeting.
Members of the public Jerry Rubin, Joey Fullmer, Denise Barton, Catherine
Eldridge, Cris McLeod, Ken Ward, and Pro Se commented on various consent
calendar items.
COUNCIL RECESS Member of the public Pro Se, who attempted to provide public input while
holding a large sign, was asked by the Mayor Pro Tem put the sign down as
the size of the sign was blocking the TV cameras airing the Council meeting,
After Mr. Pro Se declined several requests to put the sign down, Mayor Pro
Tem O'Connor declared Mr. Pro Se out of order, and pursuant to Rule No. 15
of Resolution 10541 (CCS), providing for the rules of order and procedure for
the conduct of City Council meetings, requested Council Chambers cleared,
and asked the Sergeant -at -Arms to remove Mr. Pro Se from Council
Chambers.
On order of the Mayor Pro Tem and in order to allow for the removal of Mr,
Pro Se from Council Chambers, the City Council recessed at 6:45 p.m., and
returned at 6:49 p.m., with Mayor Shriver absent.
CONSENT CALENDAR At the request of Councilmember McKeown, Item 3-0 was removed from the
CONT'D: Consent Calendar.
At the request of Councilmember Bloom, Item 3-L was removed from the
Consent Calendar.
At the request of Councilmember O'Day, Item 3-F was removed from the
Consent Calendar.
Motion by Authority/Councilmember Holbrook, seconded by Authority/
Councilmember Davis , to approve all items on the Consent Calendar as
presented, except Item 3-F, Item 3-L, and Item 3-0, reading resolutions by title
only and waiving further reading thereof The motion was approved by the
following vote:
2 November 23, 2010
AYES: Authority/Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown, Chair Pro Tem/Mayor Pro Tem O'Connor
NOES: None
ABSENT: Chair/Mayor Shriver
MINUTES 3-A: The minutes of November 9, 2010, City Council meeting were
approved, as submitted.
PALISADES BLUFFS 3-B: Water sampling, now monitoring and reporting services for
Palisades Bluffs drains — recommendation to authorize the City Manager to
negotiate and execute Agreement No. 9295 (CCS) with URS Corporation, in
the amount of $150,711, to conduct water sampling, flow monitoring and
reporting for the Palisades Bluffs horizontal drains, was approved.
DOWNTOWN 3-C: Downtown Farmers' Market traffic control plan —recommendation
FARMERS' MARKET to authorize the City Manager to negotiate and execute Contract No. 9296
(CCS) with Traffic Development Services, in the amount of $199,143, for
implementation of the Downtown Farmers' Market Traffic Control Plan; and
approve proposed budget adjustments, was approved.
SAFETY TRAINING 3-1): Commercial and specialty vehicle safety training Services—
recommendation to authorize the City Manager to negotiate and execute
Contract No. 9297 (CCS) with Trukspect Incorporated, in the amount of
$212,250 for a five-year term, for conmiercial and specialty vehicle and
equipment safety training services, was approved.
REFUSE CONTAINERS 3-E: Purchase of 300 -gallon refuse containers — recommendation to
authorize the City Manager to award Bid No. 3004 to Rotonics Inc., for a four-
year term in the amount of $560,000, to purchase and deliver 300 -gallon refuse
containers for the Resource Recovery and Recycling Division, was approved.
ANNENBERG COMMU- 3-G: Interpretive Elements for the Annenberg Community Beach House
NITY BEACH HOUSE — reconnnendation to authorize the City Manager to negotiate and execute a
fourth amendment to Agreement No. 8998 (CCS) with Second Story, in the
amount of $35,000 for a total contract amount of $335,000, for additional
services including the development of a website and a new module for the
interactive table at the Annenberg Community Beach House, was approved.
URBAN AREA 3-H: Appropriation and use of Urban Area Security Initiative grant
SECURITY INITIATIVE funds — recommendation to authorize the City Manager to accept a grant fund
GRANT in the amount of $60,000 from the 2008 Urban Area Security Initiative; and
approve the proposed budget changes, was approved.
November 23, 2010
BULLETPROOF VEST 3-I: Bulletproof Vest Partnership grant funds — recommendation to
PARTNERSHIP authorize the City Manager to accept grant funds in the amount of $28,783.99
from the U.S. Department of Justice Bulletproof Vest Partnership Program;
and approve the proposed budget changes, was approved.
PARKING 3-J: Recommendation to authorize a one-year pilot advertising and
STRUCTURES signage project within the downtown parking structures, was approved.
MOUNTAIN VIEW 3-K: Resolution No. 10545 (CCS) entitled, "A RESOLUTION OF THE
MOBILEHOME PARK COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH
CONSTRUCTION, USE, MAINTENANCE, OCCUPANCY AND DESIGN
STANDARDS FOR MOUNTAIN VIEW MOBILEHOME PARK", was
adopted.
BUSINESS -FRIENDLY 3-M: Resolution No. 10546 (CCS) entitled, "A RESOLUTION OF THE
PRINCIPLES CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF
BUSINESS -FRIENDLY PRINCIPLES' AS PART OF THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS DEVELOPMENT OF
A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY", was
adopted.
EXPO LIGHT RAIL 3-N: Expo Light Rail Project design integration services—
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 9172 (CCS) with Cityworks Design, in the amount
of $125,000 for a total amount of $492,799, to provide continued technical
support on a time and materials basis for design integration and specifications
related to the project, was approved.
DISPOSAL SERVICES 3-F: Door-to-door hazardous waste transportation, management and
recycling/disposal services — recommendation to authorize the City Manager
to negotiate and execute Contract No. 9298 (CCS) with Curbside, Inc, for
door-to-door hazardous waste transportation, management and
recycling/disposal services from 1/1/11 through 6/30/11, in the amount of
$110,000 with a renewal option in the amount of $250,000 per fiscal year; and
approve proposed budget changes, was presented.
Councilmember O'Day advised he removed this item from the Consent
Calendar to inquire if the recommendation will still result in a net savings
against current practices and an increase in the amount of hazardous waste
collected.
Staff confirmed the expected results, provided information and answered
questions of Councilmembers.
November 23, 2010
Motion by Councilmember Bloom, seconded by Councilmember O'Day, to
approve the reconmiendation. The recommendation was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shriver
1660 LINCOLN 3-L: 1660 Lincoln Boulevard lease amendment for City Print Shop and
BOULEVARD Mail Room activities — recommendation to authorize the City Manager to
negotiate and execute an amendment to the existing Lease No. 8615 (CCS) to
accommodate continued occupancy by the print shop and mail room at 1660
Lincoln Boulevard, was presented.
Councilmember Bloom advised he removed this item ft-om the Consent
Calendar to obtain additional information on the analysis being prepared for
the feasibility of outsourcing the print shop and mail room functions.
City Manager Rod Gould provided answers and related information.
Motion by Councilmember Bloom seconded by Councilmember Davis, to
approve the recommendation. The recommendation was approved by the
following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shriver
JOINT MEETING —100 3-0: 100 Wilshire —Fourth Amendment to Lease for Parking Structure
WILSHIRE No. 2 — recommendation that the City Council and the Parking Authority
provide additional negotiating instructions to the City Manager/Executive
Director to supplement the negotiating instructions provided on January 19,
2010, regarding a Fourth Amendment to Lease No. 1828 with Douglas
Emmett 1998, LLC for parking in Parking Structure No. 2, was presented.
Councilmember McKeown advised he removed this item from the Consent
Calendar to review the history and urge Council to reconsider the
recommendation. After reviewing the history of this agreement,
Councilmember McKeown made the following motion:
Motion by Authority/Councilmember McKeown, to direct staff to return to
Douglas Enmmett with a previous Council bargaining position to let them out of
their lease for the parking spaces so the City can use them for other purposes.
November 23, 2010
Discussion ensued on the merits of the recommendation, the terms of the
current lease and the benefits to the City of renegotiating the agreement. After
the discussion, Councilmember McKeown restated his motion as follows:
Motion by Authority/Councilmember McKeown, seconded by
Authority/Council-member Davis, to remand to staff for further negotiation.
The recommendation was approved by the following vote:
AYES: Authority/Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown, Chair Pro Tem/Mayor Pro Tem O'Connor
NOES: None
ABSENT: Chair/Mayor Shriver
ADJOURNMENT OF On order of the Mayor Pro Tem, the joint meeting of the City Council and the
JOINT MEETING Parking Authority was adjourned at 7:11 p.m., and the regular City Council
meeting was reconvened with Mayor Shriver absent.
ADMIN 6-A: Appeal of Landmarks Commission denial of City Landmark
PROCEEDINGS: designation of building located at 404 San Vicente Boulevard —
404 SAN VICENTE recommendation to deny the appeal and uphold the decision of the Landmarks
BOULEVARD Commission to deny designation of the multi -family residential building as a
City Landmark, was presented.
Appellants/Applicants Roger Jackson and Caroline Dixon, spoke in support of
the appeal to the Landmarks Commission decision to deny a City Landmark
designation to the building.
There was no one present for public comment.
Motion by Councilmember Bloom, seconded by Councilmember Davis, to
deny the appeal and uphold the decision of the Landmarks Conmiission. The
recommendation was approved by the following vote:
AYES: Councihmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shriver
ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2329 (CCS)
TAXICAB entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRANCHISES SANTA MONICA GRANTING A TAXICAB FRANCHISE TO BELL CAB
COMPANY, INC., TO PROVIDE TAXICAB SERVICES IN THE CITY OF
SANTA MONICA'; second reading and adoption of Ordinance No. 2330
(CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA GRANTING A TAXICAB FRANCHISE TO
INDEPENDENT TAXI OWNERS' ASSOCIATION, TO PROVIDE
November 23, 2010
TAXICAB SERVICES IN THE CITY OF SANTA MONICA"; second
reading and adoption of Ordinance No. 2331 (CCS) entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA GRANTING A TAXICAB FRANCHISE TO METRO CAB
COMPANY, LLC, TO PROVIDE TAXICAB SERVICES IN THE CITY OF
SANTA MONICA"; second reading and adoption of Ordinance No. 2332
(CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA GRANTING A TAXICAB FRANCHISE TO
TMAT CORP., DOING BUSINESS AS TAXI! TAXI!, TO PROVIDE
TAXICAB SERVICES IN THE CITY OF SANTA MONICA"; and, second
reading and adoption of Ordinance No. 2333 (CCS) entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA GRANTING A TAXICAB FRANCHISE TO L.A. TAXI
COOPERATIVE, INC., DOING BUSINESS AS YELLOW CAB
COMPANY, TO PROVIDE TAXICAB SERVICES IN THE CITY OF
SANTA MONICA", was presented.
Motion by Councilmember Holbrook, seconded by Councihnember
McKeown, to adopt Ordinance No. 2329 (CCS) awarding a franchise to Bell
Cab Company, 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
NOES: None
ABSENT: Mayor Shriver
Motion by Councilmember O'Day, seconded by Councilmember Davis, to
adopt Ordinance No. 2330 (CCS) awarding a franchise to Independent Taxi
Owners Association, 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
NOES: None
ABSENT: Mayor Shriver
Motion by Councilmember O'Day, seconded by Councilmember Davis, to
adopt Ordinance No. 2331 (CCS) awarding a franchise to Metro Cab
Company, 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
NOES: None
ABSENT: Mayor Shriver
7 November 23, 2010
Motion by Councilmember McKeown, seconded by Councilmember Davis, to
adopt Ordinance 2332 (CCS) awarding a franchise to TMAT Corp., dba Taxi!
Taxi!, 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
NOES: None
ABSENT: Mayor Shriver
Motion by Councilmember Holbrook, seconded by Councilmember Davis, to
adopt Ordinance No. 2333 (CCS) awarding a franchise to Yellow Cab
Company, 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
NOES: None
ABSENT: Mayor Shriver
MUNICIPAL CODE 7-B: Introduction and first reading of an ordinance of the City of Santa
Monica relating to the classification of Santa Monica Municipal Code
violations as infractions or misdemeanors and clarifying that certain City
Officers have the power to issue citations, was presented.
Members of the public Michael Cahn spoke in support of educating the public
on bicycle riding. Member of the public Gary Kavanagh spoke in support of
the recommendation and volunteered suggestions.
Motion by Councilmember McKeown, seconded by Councilmember O'Day,
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
NOES: None
ABSENT: Mayor Shriver
TAXICABS 7-C: Introduction and first reading an ordinance amending Santa
Monica Municipal Code Section 6.49.040 regarding taxicabs to increase
the maximum number of taxicabs permitted under the terms of the
proposed franchise system to 300, was presented,
Members of the public David Gershwin, Kia Tehrany, Nettabai Ahmed, and
Tom Larmore commented on various aspects of the proposed ordinance and
spoke generally in support of the recommendation.
8 November 23, 2010
Motion by Councilmember Davis, seconded by Councilmember O'Day, 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
NOES: None
ABSENT: Mayor Shriver
STAFF ITEMS: 8-A: Exposition Light Rail Phase 2 Maintenance Facility Buffer Zone —
EXPOSITION LIGHT recommendation to authorize the City Manager to negotiate and execute real
RAIL estate Agreement No. 9299 (CCS) with Santa Monica College and Agreement
No. 9300 (CCS) with the Exposition Metro Line Construction Authority for
the purchase and exchange of real estate interests in land located at 2909
Exposition Boulevard, 2900 Exposition Boulevard and 3400/3500 Airport
Avenue, to create a buffer area adjacent to the proposed Phase 2 Exposition
Light Rail Maintenance Facility, was presented.
Member of the public Denise Barton expressed concerns on various aspects of
the project. Member of the public Hank Koning expressed concerns and
provided suggestions. Member of the public Jerry Rubin spoke in support of
the recommendation.
Motion by Councilmember Holbrook, seconded by Councilmember Davis, to
proceed with land -lease exchange with Santa Monica College, complete the
real estate negotiations with Expo Metro, and direct staff to pursue further
discussions on the range of options for the buffer area and design. The motion
was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook, Bloom,
Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shriver
COUNCILMEM 3ER 13-A: Annual appointment to three positions on the Pier Restoration
ITEMS: Corporation for terms ending on November 11, 2014, was presented.
PIER RESTORATION
CORPORATION Councilmember McKeown nominated incumbent Lori Nafshun.
There being no other nominations, Ms. Nafshun was appointed by
acclamation, with Mayor Shriver absent.
Councilmember McKeown nominated incumbent Kent Smith for a third term.
There being no other nominations, Mr. Kent was appointed by acclamation,
with Mayor Shriver absent.
9 November 23, 2010
On order of the Mayor Pro Tem, the appointment to the third position was
continued to December 14, 2010.
BAYSIDE DISTRICT 13-B: Appointment to one unscheduled vacancy on the Bayside District
CORPORATION Corporation for a term ending on June 30, 2012, was continued to
December 14, 2010.
PUBLIC INPUT: Members of the public Denise Barton, John Foster, and Jerry Rubin
commented on various local issues.
On order of the Mayor Pro Tem, the City Council meeting was adjourned at
8:20 p.m. in memory of June Coleman.
ATTEST: APPROVED:
K
Maria M. Stewart Pam O'Connor
City Clerk Mayor Pro Tem
10 November 23, 2010