M-091311CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 13, 2011
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:35 p.m., on
Tuesday, September 13, 2011, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor Pro Tem Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Councilmember Terry O'Day
Absent: Councilmember Shriver
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE /PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with
Councilmember Shriver absent. Former City Manager Susan McCarthy
and former Mayor Michael Feinstein led the assemblage in the Pledge of
Allegiance in remembrance of the terrorist attacks against the World Trade
Center in New York City on September 11, 2001, and in memory of all the
victims and their families.
CLOSED SESSIONS There being no one present for public comment, the City Council recessed
at 5:36 p.m., to consider closed sessions and returned at 6:40 p.m., with
Councilmember Shriver absent, to report the following:
1 -A: Conference with Legal Counsel — Existing Litigation: Ruben v.
City of Santa Monica, Los Angeles Superior Court Case Number SC
110634.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Davis,
to approve Settlement Agreement No. 9459 (CCS) in the amount of
$60,000. The motion was approved by the following vote:
September 13, 2011
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
1 -B: Conference with Legal Counsel —Existing Litigation: Sipple v.
City of Alameda, et al., Los Angeles Superior Court Case Number BC
462270.
City Attorney Marsha Moutrie reported that this item was not heard.
1 -C: Conference with Legal Counsel —Anticipated Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (c): 1 case
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -D: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b) — 2 cases: Claim of Dunn and Robhana;
Claim of Schober /Spurgin
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve Settlement Agreement No. 9460 (CCS) in the amount of
$15,000 to Harding and Lanuore, and Settlement Agreement 9461 (CCS)
in the amount of 12,599.50 to Foley and Lardner. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
SPECIAL ITEMS: 2 -A: Introduction of Ed King, Director of Transit Services (Big Blue
INTRODUCTION Bus).
City Manager Rod Gould introduced Mr. King as the new Director of the
Big Blue Bus. Mr. King acknowledged the City Council's welcome
wishes.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fullmer and Denise Barton conmlented on
various Consent items.
September 13, 2011
Members of the public Linda Armstrong, Cris McLeod and Ken Ward
expressed concerns regarding Item 3 -E. Member of the public Marc
Zamora spoke in support of delaying approval of Item 3 -I.
At the request of Mayor Bloom, Item 3 -I was removed from the Consent
Calendar.
Motion by Councilmember O'Connor, seconded by Councilmember
O'Day, to approve the Consent Calendar, reading resolutions by title only,
except for item 3 -I, and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
MINUTES 3 -A: The minutes of the August 23, 2011, City Council meeting, were
approved.
WATER SHORTAGE 3 -13: Continuation of Advisory -Level Water Supply Shortage —
reconumendation to adopt Resolution No. 10604 (CCS) entitled, "A
RESOLUTION OF THE CITY COUNCIL DECLARING A WATER
SUPPLY SHORTAGE ", was approved.
AIRCRAFT DONATION 3 -C: Donation of Police Aircraft to the Museum of Flying—
recommendation to authorize the City Manager to donate the Police
Department's 1973 Cessna 172 Skyhawk aircraft to the Museum of Flying,
was approved.
SECURITY GRANT 3 -D: Urban Area Security Initiative Grant Funds - recommendation to
FUNDS authorize the City Manager to accept a grant award in the amount of
$316,799, from the 2010 Urban Area Security Initiative; and authorize the
proposed budget appropriations and changes, was approved.
PROPERTY MANAGE- 3 -E: Property Management for City -Owned Residential Properties —
MENT SERVICES recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 9183 (CCS) with Real Estate Consulting &
Services, Inc., for $205,124, for a total amount of $1,630,864, to provide an
expanded scope of property management services, was approved.
TRAFFIC 3 -F: Advanced Traffic Management System, Phase 4c Project —
MANAGEMENT recommendation to authorize the City Manager to negotiate and execute
Contract No. 9462 (CCS) with Iteris, Inc. in the amount of $164,000, to
provide project design services for the preparation of plans, specifications
and estimates for the installation of the communication infrastructure for
the project, was approved.
September 13, 2011
CORPORATION YARD 3 -0: Modification for Corporation Yard Master Plan —
MASTER PLAN recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 9129 (CCS) with RNL Interplan, Inc., in the
amount of $41,435, for a total amount of $271,435, to provide additional
scope of work to complete the project, was approved.
AMENDMENT TO 3 -11: Resolution No. 10605 (CCS) entitled, "A RESOLUTION OF THE
EMPLOYEE MOU'S CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE VARIOUS MEMORANDA OF
UNDERSTANDING AS WELL AS EXECUTE A REVISED
EXECUTIVE PAY PLAN," and authorizing the City Manager to execute
individual Memoranda of Understanding Nos. 9463 (CCS) through 9470
(CCS), was adopted.
AMENDMENT TO MEA 3 -I: Resolution No. 10606 (CCS) entitled, "A RESOLUTION OF THE
EMPLOYEE MOU CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES
ASSOCIATION," and authorizing the City Manager to execute
Memorandum of Understanding No. 9471 (CCS)," was presented.
Mayor Bloom advised he removed this item from the Consent Calendar to
ask staff to respond to comments made by a member of the public. Staff
provided additional information and answered questions of Council
Members.
Motion by Mayor Bloom, seconded by Mayor Pro Tem Davis, to approve
the recommendation, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Couicihnember Shriver
ORDINANCES: 7 -A: Introduction and first reading of an ordinance amending
TEMPORARY BANNERS Municipal Code Section 4.08.500 to clarify the City's authority to hang
temporary banners for the purpose of promoting or calling attention to
the City and its economic vitality and to also reflect the change in name
of Bayside District Corporation to Downtown Santa Monica, Inc., was
presented.
There was no one present for public comment.
September 13, 2011
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis,
to introduce the ordinance for first reading, reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
STAFF ITEMS: On order of the Mayor, and with consensus of Councilmembers, Items 8 -A
EXPO METRO LINE and 8 -13 were heard concurrently.
AGREEMENT
8 -A: Master Cooperative Agreement with Expo Metro Line
Authority for construction of a light rail transit rail system —
recormnendation to approve Resolution No. 10607 (CCS) entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING A MASTER COOPERATIVE AGREEMENT
WITH THE EXPOSITION METRO LINE CONSTRUCTION
AUTHORITY AND THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE TIIE MASTER COOPERATIVE
AGREEMENT AND TO NEGOTIATE AND EXECUTE ANY OTHER
ANCILLARY AGREEMENTS THAT MAY BE NECESSARY AND
APPROPRIATE," approving a Master Cooperative Agreement No. 9472
(CCS), was presented.
EXPO METRO LINE 8 -B: Update on the Exposition Light Rail Project in the City of Santa
PROJECT UPDATE Monica — recommendation that Council: receive the track aligninent and
station conceptual plans for the Exposition Light Rail line; and direct staff
to proceed with continued design review and coordination with the
Exposition Light Rail Construction Authority; and authorize the City
Manager to continue to negotiate with the Exposition Construction
Authority and Skanska -Rados joint venture team for identified station
betterments at Memorial Park/17th St. Station and at Bergamot/26t" St.
Station, and return to Council with final commitment recommendations,
was presented.
Members of the public Jerry Rubin, Denise Barton, and Christel Anderson
commented on the recommendation and expressed various concerns
regarding the impact of the project and construction.
Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Day, to
approve the recommendation for 8 -A. The motion was approved by the
following vote:
September 13, 2011
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Shriver
Motion by Councilmember McKeown, seconded by Councilmember
Holbrook, to approve the recommendation as to 8 -B, with direction to staff
that the City strive to maintain complete streets and make the street running
part of the line within Santa Monica as pedestrian and vehicle friendly as
possible. The motion was approved by the following vote:
AYES: Councilmembers McKeown, O'Connor, O'Day, Holbrook,
Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: Councilmember Sbriver
TENANT PROTECTION 8 -C: Information and recommendations regarding potential changes
to Relocation Assistance and Tenant Harassment Ordinances —
recommendation to direct the preparation of ordinances for first reading
that would (1) increase for permanent relocation benefits; (2) change the
eligibility requirements for the permanent relocation enhancement for
seniors, disabled and families with children; (3) correct certain code section
references in the relocation ordinance; and (4) extend tenant harassment
protections to all tenants covered by just cause eviction rules, was
presented.
Member of the public Ch istel Anderson spoke in support of the
recommendation.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the recommendation, with direction to staff on issues discussed
during deliberation. The motion was approved by the following vote:
AYES: Councilmembers O'Connor, Holbrook, O'Day, McKeown
Mayor Pro Tenn Davis, Mayor Bloom
NOES: None
ABSENT: Cormcilmember Sluiver
COUNCIL ITEMS: 13 -A: Appointment to one unscheduled vacancy on the Planning
APPOINTMENT Commission for a term ending on June 30, 2012, was continued to the
September 27`h meeting.
6 September 13, 2011
LOCAL PREFERENCE 13 -13: Request of Councilmember McKeown that the Council
ON BIDS authorize staff to prepare an ordinance increasing the City's existing
local company preference on competitive City bids (SMMC 2.24.090(c)
and 2.24.100(d)) to one and one half percent, reflecting the "buy local"
benefits of 2010's Measure Y as passed by Santa Monica voters, was
presented.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve request.
Discussion ensued on the merits of the motion and on the preference will
work if this request is approved.
After discussion, Councilmember McKeown modified the motion as
follows:
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to ask staff to evaluate, investigate and suggest a course of
action including an ordinance, if appropriate, and return to Council for
consideration before preparing an ordinance. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
ILLEGAL VACATION 13 -C: Request of Mayor Pro Tem Davis and Councilmember
RENTALS McKeown that the Council direct staff to evaluate whether the current
ordinance and associated penalties are effective in deterring illegal
vacation rentals, and to return to Council with recommendations, was
presented.
There was no one present for public comment.
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to approve request. The motion was unanimously approved by voice vote,
with Councilmember Shriver absent.
TENANT PROTECTION 13 -D: Request of Mayor Pro Tem Davis and Councilmember
McKeown to direct staff to evaluate potential risks to renters created
by SB332 and other recent legislation and court cases, and to return to
Council in a timely fashion with recommendations for ordinances, or
amendments to existing ordinances, to protect Santa Monica renters,
was presented.
There was no one present for public comment.
7 September 13, 2011
PUBLIC INPUT:
Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis,
to approve the request, as amended. The motion was unanimously
approved by voice vote, with Councilmember Shriver absent.
Members of the public Anthony Hilder, Marc Zamora, and Denise Barton
commented on various city issues.
On order of the Mayor, the City Council meeting was adjourned at 8:52
p.m.. in memory of Jere Melo, Mary Borstner, and all the victims of the
September 11, 2001 terrorist attacks against the World Trade Center in
New York City.
ATTEST:
uiv � `aa�u4-
Maria M. Stewart
City Clerk
APPROVED:
-9501-1
Richard Bloom
Mayor
September 13, 2011