M-011111CITY OF S.4NT'A MONICA
CI3'Y COUNCIL MINUTES
JANUARY 11, 2011
A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35
p.m., on Tuesday. January 1 L 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Gleam Davis
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Councilmember Shriver (arrived at 8:26 p.m.)
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENElPLEDGE On order of Mayor, the City Council convened at 5:35 p.m., with
Councilmembers Holbrook and Shriver absent. Danielle Noble,
Assistant to the City Manager, led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS Member of the public Pro Se commented on the content of the closed
session listings.
On order of the Mayor, the City Council recessed at 5:40 p.m., to
consider closed sessions and reconvened at 7:16 p.m., with
Councilmembers Holbrook and Shriver absent, to report the following:
1-A: Conference with Legal Council Conference with Legal
Counsel -Existing Litigation: Yii v. City of Santa Monica, Los
Angeles Superior Court Case Number SC 1055'70.
The City Attorney reported that this matter was heard and no
reportable action was taken.
January- 11, 2011
1-B: Conference with Legai Counsel -Existing Litigation:
Embassr~ LLC and PRG Embassy, LP v. City of Santa ilZonica et
al., Los Angeles Superior Court Case Number BS 119080.
The City Attorney reported that this matter was heard and no reportable
action was taken.
1-C: Conference with Legal Counsel - Anficipated Litigation:
Initiation of litigation pursuant to subdavision (c) off Section
54956.9: 2 cases.
The City Attorney reported that one case was not heard; that the
second case was heard and no reportable action taken.
1-D: Conference with Legal Counsel -Existing Litigation:.Iones
v. City of Santa i4~Ionica, Las Angeles Superior Court Case
Number BC 432909.
The City Attorney reported that this case was a personnel case and
recommended a settlement of $17,500.
Motion by Councihnember O'Connor, seconded b}~ Mayor Pro Tem
Davis, to approve Settlement No. 93 U (CCS) in the amount of
$17,500. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT Councilmembers Shriver, Holbrook
1-E: Conference with Legal Counsel - Exisfing Litigation:
Ratner v. City of Santa IYlonica, Los Angeles Superior Court Case
Number SC 107651.
The City Attorney reported this was a personal injury claim resulting
from a bike injury and recommended a settlement in the amount of
$225,000.
Motion by Coimcilmember McKeown, seconded by Mayor Pro Tem
Davis, to approve Settlement No. 9314 (CCS) in the amount of
$225,000. The motion was approved by the following vote:
AYES: Councitrnembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT Councilmembers Shriver, Holbrook
January 11, 2011
1-F: Conference with Legal Counsel -Existing Litigation: Taxi
Driver's Association, et al., v. City of Santa Monica, et al., Los
Angeles Superior Court Case Number BC 451b09.
The City Attorney reported this matter was heard and there was no
reportable action taken.
1-G: Conference with Legal Counsel - Existing Litigation: Dolan
v. City of Santa Monica, Los Angeles Superior Court Case
Number SC 105251.
The City Attorney reported this was a personal injury claim involving
a bus passenger who was injured after stepping off the bus and
recommended a settlement in the amount of $102,500.
Motion by Mavor Pro Tem Davis, seconded by Councilmember
O'Day, to approve Settlement No. 9315 (CGS) in the amount of
$102,500. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT Councilmembers Shriver, Holbrook
1-H: Conference with Legal Counsel -Existing Litigation;
Burke v. City of Santa Monica, et al., Federal District Court Case
Number CV-09-2259.
The City Attorney reported this matter was heard and there was no
reportable action taken.
1-I: Conference with Legal Connsel -Existing Litigation:
Donnelly v. City of Santa Monica, Los Angeles Superior Court
Case Nnmber BC 42125.
The City Attorney reported this was a personnel ease and
recommended a settlement in the amount of $52,500.
Motion by Councilmember O'Dav, seconded by Cotmcilmember
O'Conner, to approve Settlement No. 931b (CCS) in the amount of
$32,500. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT Councilmembers Shriver. Holbrook
January 11, 2011
CONSENT CALENDAR: All items were considered and approved in one motion unless removed
by a Councilmember for discussion.
Members of the public Pro Se, Joey Fullmer, Denise Barton and Linda
Armstrong commented on various Consent Calendar items.
Motion by Councilmember O'Connor, seconded by Mayor Pra Tem
Danis, to approve the Consent Calendar with the exception of Item
3-F, which was removed from consideration by staff. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown,
Mayor Pro Tem Danis, Mayor Bloom
NOES: None
ABSENT: Cotmcilmembers Holbroak and Shriner
MINUTES 3-A: The minutes of the December 7 and December i4, 2010, City
Council meetings were approved, as submitted.
ENERGY EFFICIENCY 3-B: Grant Funds for Encrgy Efficiency Strategic Planning -
GRANT FUNDS recommendation to authorize the City Manager to accept a grant from
So. Cal. Edison in the amount of $374,000, and execute related
agreements; and, approve the proposed budget changes, was approved.
301 OCEAN AVENUE 3-C: Recommendation to approve Statement of Official Actian
APPEAL denying the appeal of the Planning Commission's approval of a
Mitigated Negative Declaration, Development Review Permit, and
Variance for the property located at 301 Ocean Avenue, was approved.
1959 HIGH PLACE 3-D: Resolution No. 10554 (CCS) entitledc "A RESOLUTION OF
TRACT MAP THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDNISION MAP FOR TRACT NO. 67428 TO
SUBDFVIDE A PROPERTY FORA 45-UNIT CONDOMINIUM
PROJECT AT 1959 HIGH PLACE: 'was adopted.
BBB SECURITY GUARDS 3-E: Big Blue Bus Facility Security Guard Services -
recommendation to authorize the City Manager to increase the annual
expenditure for security guard services at the Big Blue Bus Facility to
$471,707 and issue a purchase order to U.S. Security Associates, Inc.,
in the amount of $135,903, was approved.
EMPLOYEE PERS 3-F: Adoption of resolution of the City Council of the City of
CONTRIBUTIONS - Santa Monica regarding Employer Paid Member Contributions to
WITIIDRAdVN ensure tax deferral of said contributions to California Public
Employees' Retirement System, was withdrawn at request of staff
January 11, 2011
ORDINANCES: 7-A: Second reading and adoption of Ordinances Nos. 2339
'T'AXICAB FRANCHISES {CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA AMENDING THE TAXI CAB FRANCHISE WITH
BELL COMPANY"; No. 2340 (CCS} entitled: "AN ORDINANCE
OF THE CITY OF SANTA MONICA AMF,NDNG THE TAXI CAB
FRANCHISE WITH INDEPENDENT TAXI OWNERS ASSOCI-
ATION"; No. 2341 (CCS) entitled "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING THE TAXICAB
FRANCHISE WITH METRO CAB COMPANY"; No. 2342 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING THE TAXICAB FRANCHISE WITH TAXI TAXI!";
and No. 2343 CCS}, entitled: "AN ORDINANCE OF THE CITY
OF SANTA MONICA AMENDING THE TAXICAB FRANCHISES
WITH YELLOW CAB COMPANY": to increase the maximum
number of taxicabs per company, were presented.
Motion by Councilmember McKeown, seconded by Mavor Pro Tem
Davis, to adopt Ordinance No. 2339 (CCS}, reading by title and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Co~mor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook. Shriver
Motion by Councilmember O'Connor, seconded by Mavor Pro Tem
Davis, to adopt Ordinance No. 2340 (CCS), reading by title and
waiving finther reading thereof The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Sln-iver
Motion by Councilmember O'Connor, seconded by Councilmember
O'Day, to adopt Ordinance No. 2341 (CCS); reading by Title and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Cormcilmembers McKeown, O'Day, O'Cormor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriver
January 11, 2011
Motion by Councilmember O'Connor, seconded by Mavor Pro Tem
Davis, to adopt Ordinance No. 2342 {CCS), reading by title and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mavor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook. Shriven
Motion by Councilrnember McKeown, seconded by Mavor Pro Tem
Davis, to adopt Ordinance No. 2343 {CCS), reading by title and
waiving finther reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriven
BEE KEEPING 7-B: Second reading and adoption of Ordinance Flo. 2344 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4.04 OF THE MUNICIPAL CODE
RELATED TO BEE KEEPING AND ANIMAL CONTROL
REGULATIONS," was presented.
Motion by Councilmember O'Connor, seconded by Councilrnember
O'Day, to adopt Ordinance No. 2344 {CCS}, reading by title only and
waiving fiu-ther reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown., Mayor
Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmembers Holbrook, Shriven
STAFF ITEiI'IS: 8-A: Proposed FY 2011-15 Community Development Grant
Program and FY 2011-13 CulturallArt Organizational Support
Program Funding Rationale - recommendatian to apprave the
Proposed Community Development Grant Program and the Cultural!
Art Organizational Support Program Funding Rationales, including
proposed funding guidelines and selection criteria, and authorize staff
to release a Request for Proposals for the next multi-year grant funding
cycles, was presented.
Members of the public Lisa Fisher and Albin Gielicz spoke in support
of specific areas of needs.
January 11, 2011
Motion by Councilmember McKeown. seconded by Mavor Pro Tem
Davis, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, O'Connor, Mayor
Pro Tem Davis, Mayor Bloorn
NOES: None
ABSENT: Councilmembers Holbrook. Shriver
PARTING STRUCTURE 6 8-B: Concept design for Parking Structure 6 -recommendation
CONCEPT DESIGN to review and provide input on the proposed design concepts; approve
the recommended design direction; and direct staff to move forward
with schematic design, was presented.
Cotmcilmember Shriver Members of the public Gary Kavanagh, Megan Kavanagh and Cahn
arrived at 8: 26 p. m. spoke in support of more traffic control and impacts of parking in the
surrounding area.
Motion by Mavor Pro Tem Davis. seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by
the following vote:
AYES: Councilmembers O'Connor, O'Day, McKeown, Mayor
Pro Tem Davis, Ma}nor Bloom
NOES: Councilmember Shriver
ABSENT: Councilmember Holbrook
Councilmember Shriver stated, for the record, that he voted against the
motion because he hoped that the project could have been shorter.
PUBLIC HEARINGS: 9-A: Public Hearing and annual review of City's P}am for
HOMELESS SERVICES Homeless Services -recommendation to hold a public hearing on the
ANNUAL REVIEW Annual Review of the City's Plan for Homeless Services; and receive
the 2010 update to the City's Action Plan to Address Homelessness in
Santa Monica, was presented.
Members of the public David Snow and Mark Loranger spoke in
support of the plan and the City's on-going efforts.
Motion by Councilmember Shriver. seconded by Councilmember
O'Connor, to approve staff recommendation. The motion was
unanimously approved by voice vote, with Councilmember Holbrook
absent.
COUNCIL ITEMS: 13-A: Recommendation to accept Jean R. Gebman's resfignation
RESIGNATION from the Airport Commission and authorize the City Clerk to
publish the aaeaney, was presented.
Jamiarv 11.2011
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Dav, to approve recommendation, with regrets. The motion was
unanimously approved by voice ~°ote, with Councilmember Holbrook
absent.
CAMPAIGN 13-B: Request of Councilmember McKeown, on behalf of the
CONTRIBUTION boards off Friends of Sunset Park, Mid-City Neighbors, the North
DISCLOSURE of Montana Association, the Ocean Park Association, the Pico
Neighborhood Association, the Santa Monica Demosratic Club,
Santa Monicans for Renters' Rights, and the Wilshire/Montana
Neighborhood Coalition, that the Council direst staff to explore
and prepare, for discussion and possible implementation by the
Counsil, policies requiring disclosure by Councilmembers whose
campaign contributors came before the City Counsil requesting
Development Agreements, zoning variances, contrasts, franchises,
or other special benefits, was presented.
Members of the public Denise Barton, Catherine Eldridge, Jean
Laurie, Cris Gutierrez, and Zina Josephs spoke in support of the
request.
Member of the public Mike Feinstein spoke in opposition to the
request.
Motion by Councilmember McKeown, seconded by Councilmember
Shriver, to approve recommendation. The motion failed by the
following vote:
AYES: Councilmembers Shriver, McKeown
NOES: Cotmcilmembers O'Connor, O'Day, Mayor Pro Tem
Dauis, Mayor Bloom
ABSENT: Councilmember Holbrook
Mayor Pro Tem Davis noted, for the record, that her "no" vote is not a
vote against transparency, but would like to see the information that
staff will bring back; from a previous Council direction, regarding
disclosures related to people who are attempting to influence elections
in Santa Monica before moving on to the neat step.
Councilmember O'Connor stated, for the record, that her "no" vote
reflects her opinion that this item is focused only on one type and one
group of campaign contributors and she believes it is not fair.
8 January 11, ?011
DIRECT ELECTI®N mF 13-C: Request of Councilmember Shriver to direct staff to review
MAYDR practices for the direct election of the mayor and to report to the
City Council an options, including draft suggested charter
Amendment language, was presented.
Members of the public Cris Gutierrez, Catherine Eldridge, and Zina
Josephs spoke in support of the request.
Members of the public Jerry Rubin and Michael Feinstein spoke in
opposition to the request.
Member of the public Brian Hutchings commented generally on
aspects of the request.
Considerable discussion ensued including other options other than an
elected Mayor.
Motion by Councilmember Shriver, seconded by Councilmember
McKeown, to approve the request amended to include direction to staff
to look at other options including but not limited to rotation, seniority,
and top-vote getter. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Day, Shriver, Mayor
Pro Tem Davis, Mayor Bloom
NOES: Councilmember O'Connor
ABSENT: Councilmember Holbrook
13-D: Request of Mayor Bloom and Mayor Pro Tem Gleam Davis
that the Council authorize the City of Santa Monica to join
"Mayors for Peace", a conference of cities led by Hiroshima and
Nagasaki with a goal of changing policies of governments that
target cities with nuclear aveapons and ultimately, eliminating
nuclear weapons, was presented.
Members of the public Terry Rubin, Brian Hutchings, Lindley Michael,
Cris Gutierrez and Randy Zigler spoke in support of the request,
Motion by Mayor Bloom, seconded bYMayor Pro Tem Davis, to
approve request. The motion was unanimously approved by voice
vote, with Councilmember Holbrook absent.
January 11, 2011
PiT~LIC INPUT: On order of the Mayor, the City Council meeting was adjourned at
1 i;02 p.m. in memory of the victims of the recent Tucson shooting
tragedy, including Arizona Representative Gabrielle Giffords, Dorothy I
Moore, Darwin Stoddard, Judge John Roll, Gabe Zimmerman, Phyllis
Shank, and Christina Taylor Green; and, in memory of City resident
Frank Toluca, and in memory of former City employee Keith Neal.
ATTEST: APPROVED:
~~ ~
Maria M. St art Richard Bloom
City CIerk Mayor
10 January 11, 2011