m-100212CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 2, 2012
A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:33 p.m., on
Tuesday, October 2, 2012, 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 (arrived at 5:42 p.m.)
Councilmember Bobby Shriver (arrived at 5:43 p.m.)
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with
Councilmembers O'Day and Shriver absent. Mayor Pro Tern Davis led the
assemblage in the Pledge of Allegiance.
CLOSED SESSIONS Members of the public Chris Harding, Craig Miller, Brent Colby, Crystyan
Fernandez, and Jerry Rubin commented on various closed session items.
Councilmember O'Day On order of the Mayor, the City Council recessed at 5:43 p.m., to consider
arrived at 5:42 p.m. closed sessions and returned at 6:57 p.m., with all Councilmembers present,
to report the following:
Councilmember Shriver
arrived at 5:43 p.m. 1 -A: Conference with Legal Counsel —Existing Litigation:
McDonald and Golden State Collective v. City of Santa Monica, et al.,
Los Angeles Superior Court Case No. SS022090.
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -B: Conference with Legal Counsel —Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9 (b): 4 cases - Claim of Dunn and Robhana and 3
cases
October 2, 2012
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -C: Conference with Legal Counsel - Anticipated Litigation:
Initiation of Litigation pursuant to Section 54956.9(c): 2 cases
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
1 -1): Conference with Legal Counsel —Existing Litigation: Craig R.
Miller, et al. v. City of Santa Monica, Los Angeles Superior Court Case
Number BC 492621
City Attorney Marsha Moutrie reported that this item was heard with no
reportable action taken.
SPECIAL AGENDA 2 -A: Proclamation declaring October Disabilities Awareness Month in
ITEMS: the City of Santa Monica, was presented by Mayor Bloom.
PROCLAMATION
2 -13: Los Angeles County Economic Development Corporation presented
the City with a proclamation as a finalist for the "Most Business - Friendly
City in Los Angeles County" Award. The award was received by Mayor
Bloom.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joy Fullmer, Denise Barton, and Steve Duron
commented on various Consent Calendar items.
City Attorney Marsha Moutrie noted a minor correction on Item 3 -M. The
recommendation is described as `authorization to negotiate and execute an
agreement for sale'. Because of the context, technically it should read as
an `authorization to negotiate and execute a compensation agreement.'
At the request of Councilmember Shriver, Item 3 -13 was removed from the
Consent Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis,
to approve the Consent Calendar, except for Item 3 -13, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
2 October 2, 2012
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
RENEWABLE 3 -A: Modification to Purchase of Renewable Electricity Agreement—
ELECTRICITY recommendation to authorize the City Manager to negotiate and execute a
first modification to Agreement No. 9292 (CCS), with Commerce Energy
to purchase renewable electricity for the City electrical accounts through
May 31, 2014; and purchase renewable electricity for City accounts
switched under SB695 for the term June 1, 2013 through May 30, 2014,
resulting in a new 18 month contract agreement for an estimated $3 million,
was approved.
TRAFFIC 3 -C: Advance Traffic Management System Central Software—
MANAGEMENT recommendation to authorize the City Manager to negotiate and execute
Contract No. 9648 (CCS) with Intelight, Inc. in the amount of $150,000,
for the procurement of an Advance Traffic Management System central
software, was approved.
UTILITY BILLING 3 -1): Upgrade and Maintenance of NorthStar Utility Billing System —
recommendation to authorize the City Manager to negotiate and execute
sole source Contract No. 9649 (CCS) with Harris Computer Systems, in the
amount of $107,554 to upgrade the City's NorthStar Utility Billing System
and provide the first year of maintenance on the new system with four
additional one -year maintenance options to commence FY 2013/14, for a
total contract amount not to exceed $290,930, was approved.
MEETING 3 -E: Cancel the October 9, 2012 Regular City Council Meeting, was
CANCELLATION approved.
WORKERS' 3 -F: Agreement for Workers' Compensation Medical Bill Review
COMPENSATION Services - recommendation to authorize the City Manager to negotiate and
REVIEW SERVICES execute professional services Agreement No. 9650 (CCS) with InterMed
Cost Containment Services, in the amount of $750,000 for workers'
compensation medical bill review services over a five year period, was
approved.
GLOVES AND 3 -G: Purchase of Gloves and Antimicrobial Wipes —recommendation
ANTIBACTERIAL WIPES to award Bid No. 4011 to Empire Safety, in the amount of $45,351 for the
purchase and delivery of gloves and antimicrobial wipes, with two
additional one -year renewal options for a total three -year contract amount
not to exceed $145,800, was approved.
October 2, 2012
WASTEWATER MAIN 3 -14: Construction Contract for the Wastewater Main Replacement
REPLACEMENT Project — South of I -10 — recommendation to authorize the City Manager
PROJECT to negotiate and execute construction Contract No. 9651 (CCS) with Mike
Prlich and Sons, Inc. in an amount not to exceed $1,677,014 for the
Wastewater Main Replacement Project, and authorize any changes, was
approved.
JETTER VACCUUM 3 -I: Award bid for the Purchase of Jetter Vacuum Truck —
TRUCK recommendation to award Bid No. 3097 to Municipal Maintenance
Equipment, Inc. in the amount of $373,287 for the purchase and delivery of
one new jetter vacuum truck for the Water Resources Division, was
approved.
BOOSTER PUMP REPAIR 34: Award bid for Citywide Booster Pump Repair and Maintenance
AND MAINTENANCE Services — recommendation to award Bid No. 4007 to General Pump
Company, Inc. in the amount of $180,000 for the repair and maintenance of
booster pumps for one year, with two one -year renewal options for a total
contract not to exceed $540,000 over a three -year period, was approved.
AGRICULTURAL 3 -K: Purchase of Agricultural Tractor —recommendation to award Bid
TRACTOR No. 3088 to John Deere, Inc. in the amount of $128,518 for the purchase
and delivery of one new agricultural tractor, was approved.
RISK ASSESSMENT 3 -L: Agreement for Risk Assessment Services —recommendation that
SERVICES City Council adopt Resolution No. 10707 (CCS) entitled "A resolution of
the City Council of the City of Santa Monica authorizing the City Manager
to enter into an agreement with the State of California, Office of
Environmental Health Hazard Assessment for Risk Assessment Services"
was adopted.
PUBLIC RIGHT -OF -WAY 3 -M: Dedication of Public Right -of -Way on Colorado Avenue for the
FOR EXPOSITION Exposition Light Rail Transit project— recommendation to authorize the
LIGHT RAIL City Manager to negotiate and execute Agreement No. 9652 (CCS) for the
sale of City -owned property at 1601 14th Street to the L.A. County
Metropolitan Authority for fair market value for the construction of public
improvements and for the subsequent dedication as public right -of -way to
accommodate Expo Light Rail; and to work with the Exposition
Construction Authority to develop future improvements associated with
realignment of the street and sidewalks, was approved.
CITYTV CAMERA 3 -B: Purchase of CityTV Studio camera equipment—
EQUIPMENT recommendation to authorize the City Manager to negotiate and execute
Contract No. 9647 (CCS) with Ikegami, in the amount of $276,533 for the
purchase of 4 studio video cameras plus related support equipment for the
CityTV Studio, was presented.
October 2, 2012
Councilmember Shriver advised he removed the item to inquired why new
items were being purchased. Staff responded to questions and provided
additional information to Council.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
PUBLIC COMMENT At the request of Councilmember Shriver, and with the approval of
HEARD OUT OF ORDER Council, member of the public, Camaron Engels, spoke in support of
Item 13 -A.
STUDY SESSION: 4 -A: Discussion of Pedicabs and their Potential Impact on Safety,
PEDICABS Traffic and Circulation — recommendation that the City Council review
the information on pedicab operations, and direct staff to return with a
proposed ordinance regarding the regulation of pedicab operations was
presented.
Members of the public Jeffrey Farrell, Jerry Rubin, Daniel Kerrigan,
Damon Goldstein, and Jenna Linnekens commented on the
recommendation.
Considerable discussion ensured on the topics of safety, pedicab
regulations, franchises, costs, traffic flow, and locations for pedicabs to
travel with the City. Direction was given to staff.
On order of the Mayor, the information was received and filed.
ORDINANCES- 7 -A: Introduction and First Reading of an Ordinance Amending the
SMOKING Anti- Smoking Law to Require Designation and Disclosure of Smoking
Status of Residential Units and to Provide Remedies for Smoking in All
Units Designated Non - Smoking was presented.
Members of the public Jerry Rubin, Trisha Roth, Sima Morrison, Marlene
Gomez, Robin Sherry, Aurora Zepeda, Esther Schiller, Cambria Garell,
Ayelet Rosen, Michael Ong, Mariana Benson - Larkin, Patricia Hoffman,
Carol Riel, Michael Tarbet, and Sarah Letts spoke generally in favor of the
ordinance.
Members of the public Fiona Gonster, Denise Barton, Richard B.
McDonald, Willow Evans, Beth Miller, Barbara Bronie, and Jim Levesque
October 2, 2012
spoke generally in opposition of the ordinance.
Motion by Mayor Pro Tern Davis, seconded by Councilmember O'Day, to
approve the staff recommendation and direct staff to provide a one -page
information sheet that describes the law; provide a phone number which
residents can call and determine how the law will be applied; inform
tenants that they are not required to designate and what the implications of
designation; list smoking — cessation resources.
Motion to amend by Councilmember O'Day, to require that:
condominiums which designate as non - smoking have that designation
recorded on the title; homeowner associations maintain records of the
designations; and if an existing building has an existing non - smoking
policy, that it would be incorporated as a non - smoking building.
The amendment was considered friendly by the maker of the motion.
Considerable discussion ensued regarding balancing of rights, health issues,
providing information to the public, designation of units as smoking or
non-smoking, inclusion of designations on leases, and related issues.
Substitute motion by Councilmember Shriver, seconded by Councilmember
Holbrook, to make the designation default to non - smoking instead of non-
designated.
The motion failed by the following vote:
AYES: Councilmembers Holbrook, Shriver
NOES: Councilmembers McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
ABSENT: None
Deputy City Attorney Adam Radinsky clarified and read into the record
additional language added by Councilmember O'Day's amendment: (1) the
owner shall give each existing and new occupant an information sheet
proposed by City staff which informs them of the requirements of the law,
gives contact information for further questions, and gives information about
smoking cessation resources; (2) if an entire property is already
nonsmoking, each unit shall be deemed designated nonsmoking under this
ordinance without the designation procedures described above; each
condominium unit designated nonsmoking under this ordinance shall be so
recorded on the title of the unit by the owner of the unit; and (4) for each
undesignated unit, the owner shall ask the occupant to designate the unit as
either smoking or nonsmoking every year following the initial designation;
each unit designated as smoking or undesignated can be changed to
nonsmoking by the occupant and any time.
6 October 2, 2012
Main Motion by Mayor Pro Tem Davis, seconded by Councilmember
O'Day, to approve the staff recommendation and follow language listed by
Deputy City Attorney Radinsky.
The motion failed by the following vote:
AYES: Councilmembers O'Day,
Mayor Pro Tern Davis, Mayor Bloom
NOES: Councilmembers Shriver, O'Connor, Holbrook, McKeown
ABSENT: None
Motion by Councilmember O'Day, seconded by Councilmember Shriver,
to approve the main motion with the exception of adding designation to
leases.
The motion failed by the following vote:
AYES: Councilmembers O'Day, Holbrook, Shriver
NOES: Councilmembers McKeown, O'Connor,
Mayor Pro Tern Davis, Mayor Bloom
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember O'Day, to
approve the main motion with the exception of adding designation to leases
and also adding additional information on the one -sheet stating that renters
cannot be evicted for smoking in their units.
The motion passed by the following vote:
AYES: Councilmembers Shriver, Holbrook, O'Day
Mayor Pro Tern Davis, Mayor Bloom
NOES: Councilmembers O'Connor, McKeown
ABSENT: None
Motion by Councilmember O'Day, to direct staff to look at how the
incentives for disclosure are working and report back on the ordinance
through health metrics incorporated in the Sustainable City Plan. There was
Council consensus for a second. The motion was unanimously approved by
voice vote with all members present.
MEDICAL MARIJUANA 7 -B: Initial Urgency Interim Ordinance No. 2408 (CCS) entitled: AN
URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA IMPOSING A MORATORIUM ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES,
7 October 2, 2012
WITH SPECIFIED EXCEPTIONS, was presented.
Members of the public Trisha Roa and Jenna Linnekens spoke generally in
favor of the recommendation.
Members of the public Fiona Gonsier, Denise Barton, Richard McDonald,
Karen O'Keefe, and Art Casillas spoke generally against the
recommendation.
Motion by Councilmember McKeown, seconded by Councilmember
O'Day, to adopt the interim ordinance reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
Council directed staff to take a serious look at how it might be possible to
responsibly have functional marijuana dispensaries in the City.
BREAK On order of the Mayor, the City Council recessed a 10:36 p.m. and
returned at 10:43 p.m., with all members present.
STAFF ITEMS: 8 -A: Naming of the Two New Santa Monica Civic Center Parks and
NAMING OF TWO CIVIC Botanical Garden Designation — recommendation that Council review
CENTER PARKS recommendations from the public, City staff and relevant Commissions;
select names for the new Civic Center parks currently known as Palisades
Garden Walk and Town Square; and, designate the park currently known as
Palisades Garden Walk as a Botanical Garden was presented.
Jenna Linnekens spoke on behalf of the Recreation and Parks Commission.
Members of the public John Petz, Phil Brock, Jerry Rubin, Patricia
Hoffman, Angie Behrns, Linda Piera - Avila, Paulina Sahagun, Michael
Tarbet, Gina DeBaca, Marcia Zimmer, and Frank Gruber commented on
the recommendation.
Motion by Councilmember McKeown, seconded by Mayor Bloom, to
rename the park currently known as Town Square to `Ken Genser Square'
The motion was approved by the following vote.
AYES: Councilmembers McKeown, O'Day, Holbrook, O'Connor,
Shriver, Mayor Pro Tern Davis, Mayor Bloom
NOES: None
ABSENT: None
October 2, 2012
Discussion ensued on renaming the park currently known as Palisades
Garden Walk, with such names discussed as Santa Monica Commons
Tongva Park, and Parque Del Sol, Santa Monica Arroyo Park, and Tongva
Arroyo Park.
Motion by Councilmember McKeown, to designate the park currently
known as Palisades Garden Walk as a botanical garden. The motion was
unanimously approved by voice vote with all members present.
Direction was given to staff to receive public input for possible names and
return to Council.
MOTION TO CONTINUE Motion by Councilmember Bloom to hear the remaining items on the
PAST 11PM agenda. The motion was unanimously approved by voice vote with all
members present.
COUNCIL ITEMS: 13 -A: Request of Council member Bobby Shriver that City Council
ONE CITY support designation of Santa Monica as a ONE City to advocate for an
DESIGNATION end to poverty and preventable disease such as HIV /AIDS, particularly
in Africa, by raising public awareness and working with elected
officials to support smart, effective life- saving policies and programs.
Santa Monica would join 150 U.S. cities including the California cities
of Los Angeles, San Francisco, Redlands, San Jose, and Davis. A
proclamation would be issued. Any specific policy support would
conform to Council approved direction, was presented.
Member of the public Jerry Rubin spoke in favor of the recommendation.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to approve the recommendation as presented. The motion was
unanimously approved by voice vote with all members present.
COMMISSION FOR THE 13 -B: Appointment to one unscheduled vacancy on the Commission
SENIOR COMMUNITY for the Senior Community for a term ending on June 30, 2014, was
continued to a future meeting.
DISABILITIES 13 -C: Appointment to one unscheduled vacancy on the Disabilities
COMMISSION Commission for a term ending on June 30, 2015, was continued to a
future meeting.
October 2, 2012
PROPOSITION 34 13 -1): Request of Councilmembers Bobby Shriver, Bob Holbrook and
Pam O'Connor that City Council adopt a resolution in support of
Proposition 34, the Death Penalty Initiative Statue. This is a voter
initiative on the November 6, 2012 ballot, which repeals the death
penalty in the State of California as maximum punishment for persons
found guilty of murder and replaces it with life imprisonment without
possibility of parole; applies retroactively to persons already sentenced
to death; states that persons found guilty of murder must work while
in prison as prescribed by the Department of Corrections and
Rehabilitation, with their wages subject to deductions to be applied to
any victim restitution fines or orders against them; and directs $100
million to law enforcement agencies for investigations of homicide and
rape cases. The legislative analyst estimates that State and county
savings related to murder trials and death penalty appeals and
corrections is about $100 million annually in the first few years,
growing to $130 million annually thereafter. This is largely dependent
on implementation and sentencing rates, was presented.
Members of the public Paula Mitchell and Genise Schnitman spoke in
favor of the recommendation.
Motion by Councilmember Shriver, seconded by Councilmember
O'Connor, to approve the recommendation as presented. The motion was
unanimously approved by voice vote with all members present.
URBAN FOREST TASK 13 -E: Recommendation to accept Victoria Englert's resignation from
FORCE the Urban Forest Task Force and authorize the City Clerk to publish
the vacancy, was presented.
There was no one present for public comment.
Motion by Councilmember O'Day, seconded by Councilmember
O'Connor, to accept the resignation with regrets. The motion was
unanimously approved by voice vote with all members present.
CITY COUNCIL TRAVEL 13 -F: Request of Councilmember Robert Holbrook that the Council
authorize the use of City Council travel funds for the purpose to attend
the RAND — Politics Aside Conference schedule for November 15 —17,
2012 in Santa Monica examining major topics to include financial
Councilmember Shriver was climate, the rising cost of health care, and more, was presented.
exeuselint 11:45 p.m.
There was no one present for public comment.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern Davis,
to approve the recommendation. The motion was unanimously approved by
voice vote with Councilmember Shriver absent.
10 October 2, 2012
MEASURE J 13 -G: Request of Councilmembers O'Connor, O'Day, and Mayor Pro
Tem Davis to support Measure J on the November 6, 2012 ballot to
extend the existing transactions and use tax of 0.5% that was approved
by the voters in 2008 beyond the existing 30 year period until 2069,
subject to two- thirds voter approval. This measure extends the half -
cent sales tax to accelerate construction of regional highway and
transit projects to provide traffic relief and job creation. It also
provides 30 additional years of funding for local transportation
improvements and operation of regional transit services. City Council
Couneilmember Shriver voted to support AB 1446 the authorizing legislation on May 22, 2012,
returned at 11:48p. m. was presented.
Member of the public Denise Barton commented on the recommendation.
Motion by Councilmember O'Day, seconded by Mayor Pro Tem Davis, to
approve the recommendation. The motion was unanimously approved by
voice vote with all members present.
PERMIT STANDARDS 13 -H: Request of Mayor Bloom and Mayor Pro Tem Davis that staff
modify the Temporary Use Permit standards or, if necessary, draft a
new ordinance to require that events held in the R -1 zone and that
meet certain criteria have a temporary use or other type of permit.
Example criteria are: (1) the event will involve more than a certain
number of people (for example, 150), including paid and /or volunteer
staff or performers, being at the location at the same time; and (2) the
event is designed to benefit or is sponsored by a commercial,
political or charitable entity or there is a fee, contribution, or other
charge imposed for entry to or use of the location. Staff also should
consider imposing an annual or other limit on the number of events at
any particular Iocation, was presented.
Members of the public Lynn Shane, John Shane, Eleanore Meyer, Chris
Newman, Ania Patterson, Patti O'Neill, Ann Osher, Gisela Friedman, Adi
Greenberg, Peter Nelson, Bonnie Meisel, David Rogers, Tory Strang, Roy
Nabel, Mark Knighton, and Fred Noble spoke in favor of the
recommendation.
Members of the public Chris Harding, Patricia Hoffman, Jerry Rubin, Ilene
Proctor, Nancy Niparko, Jerry Manpearl, Jan Goodman, William Ryan,
Richard Corlin, Kevin Kozal, Carrie Tilton, Peter Tilton, Frank Gruber,
Lucas Oppenheim, Jen Vernon, Elaine Culotti, and Ben Reznik spoke in
opposition to the recommendation.
11 October 2, 2012
ADJOURNMENT
Considerable discussion ensued including such topic as appropriate
regulation, use of current law, balancing concerns, and the need for an
emergency ordinance, among other topics.
Motion by Mayor Pro Tem Davis, seconded by Mayor Bloom, to direct
staff to draft an emergency ordinance or to modify the temporary -use
permit ordinance. The ordinances would be limited to design houses and /or
event venues in the RI zones only. Design houses and event venues would
be defined as: 1. The host does not have their primary residence in the said
location as defined as the Rent Control Regulations; 2. The location has
been or is being held out as a design house or an events venue; 3. The
location is being held out or operated as a part of or affiliated with and
being operated as part of business enterprise; 4. If an entity is an events
venue or design house, then you must obtain a Temporary Use Permit for
large -scale events.
Motion to amend by Councilmember Shriver, to ensure that adequate
police presence is available if the dates are provided to the City Manager's
Office in advance.
The amendment was considered friendly by the maker and the seconder of
the motion.
City Attorney Marsha Moutrie requested flexibility on what the ordinance
does due to concerns about First Amendment challenges.
Motion by Mayor Pro Tem Davis, seconded by Mayor Bloom, to direct
staff to draft an emergency ordinance or to modify the temporary -use
permit ordinance. The motion was approved by the following votes:
AYES: Councilmembers Shriver, O'Connor, Holbrook, O'Day,
McKeown, Mayor Pro Tem Davis, Mayor Bloom
NOES: None
ABSENT: None
On order of the Mayor, the City Council meeting was adjourned at 1:31
a.m.
ATTEST: APPROVED:
Sarah P. Gorman Richard BIo
City Clerk Mayor
12 October 2, 2012