(NOT APPROVED)

 

CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

OCTOBER 2, 2012

 

OCTOBER 23, 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 Tem Davis led the assemblage in the Pledge of Allegiance.

 

 

CLOSED SESSIONS

 

Councilmember O’Day arrived at 5:42 p.m.

 

Councilmember Shriver arrived at 5:43 p.m.

Members of the public Chris Harding, Craig Miller, Brent Colby, Crystyan Fernandez, and Jerry Rubin commented on various closed session items.

 

On order of the Mayor, the City Council recessed at 5:43 p.m., to consider closed sessions and returned at 6:57 p.m., with all Councilmembers present, to report the following:

 

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

 

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-D:     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 ITEMS:

PROCLAMATION

2-A:     Proclamation declaring October Disabilities Awareness Month in the City of Santa Monica, was presented by Mayor Bloom.

 

 

 

2-B:     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-B was removed from the Consent Calendar.

 

Motion by Councilmember  O’Connor, seconded by Mayor Pro Tem Davis, to approve the Consent Calendar, except for Item 3-B, reading resolutions by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

AYES:             Councilmembers McKeown, O’Day, Holbrook, O’Connor,                         Shriver, Mayor Pro Tem Davis, Mayor Bloom

NOES:             None

ABSENT:        None

 

 

RENEWABLE ELECTRICITY

3-A:     Modification to Purchase of Renewable Electricity Agreement – 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 MANAGEMENT

3-C:     Advance Traffic Management System Central Software – 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-D:     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 CANCELLATION

3-E:     Cancel the October 9, 2012 Regular City Council Meeting, was approved.

 

 

WORKERS’ COMPENSATION REVIEW SERVICES

3-F:     Agreement for Workers’ Compensation Medical Bill Review Services - recommendation to authorize the City Manager to negotiate and 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 ANTIBACTERIAL WIPES

3-G:     Purchase of Gloves and Antimicrobial Wipes – recommendation 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.

 

 

WASTEWATER MAIN REPLACEMENT PROJECT

3-H:     Construction Contract for the Wastewater Main Replacement Project – South of I-10 – recommendation to authorize the City Manager 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 TRUCK

3-I:      Award bid for the Purchase of Jetter Vacuum 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 AND MAINTENANCE

3-J:      Award bid for Citywide Booster Pump Repair 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 TRACTOR

3-K:     Purchase of Agricultural Tractor – recommendation to award Bid 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 SERVICES

3-L:     Agreement for Risk Assessment Services – recommendation that 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 FOR EXPOSITION LIGHT RAIL

3-M:    Dedication of Public Right-of-Way on Colorado Avenue for the Exposition Light Rail Transit project – recommendation to authorize the 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 EQUIPMENT

3-B:     Purchase of CityTV Studio camera 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.

 

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 Tem Davis, Mayor Bloom

NOES:             None

ABSENT:        None

 

 

PUBLIC COMMENT HEARD OUT OF ORDER

At the request of Councilmember Shriver, and with the approval of Council, member of the public, Camaron Engels, spoke in support of

Item 13-A.

 

 

STUDY SESSION:
PEDICABS

4-A:     Discussion of Pedicabs and their Potential Impact on Safety, 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:

SMOKING

7-A:     Introduction and First Reading of an Ordinance Amending the 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 spoke generally in opposition of the ordinance.

 

Motion by Mayor Pro Tem 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 Tem 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.

 

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 Tem 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 Tem 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 Tem 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, 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 Tem 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:

NAMING OF TWO CIVIC CENTER PARKS

8-A:     Naming of the Two New Santa Monica Civic Center Parks and Botanical Garden Designation – recommendation that Council review 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 Tem Davis, Mayor Bloom

NOES:             None

ABSENT:        None

 

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 PAST 11PM

Motion by Councilmember Bloom to hear the remaining items on the agenda. The motion was unanimously approved by voice vote with all members present.

 

 

COUNCIL ITEMS:

ONE CITY DESIGNATION

13-A:   Request of Council member Bobby Shriver that City Council support designation of Santa Monica as a ONE City to advocate for an 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 SENIOR COMMUNITY

13-B:   Appointment to one unscheduled vacancy on the Commission for the Senior Community for a term ending on June 30, 2014, was continued to a future meeting.

 

 

DISABILITIES COMMISSION

13-C:   Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2015, was continued to a future meeting.

 

 

PROPOSITION 34

13-D:   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 FORCE

13-E:   Recommendation to accept Victoria Englert’s resignation from 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

 

 

 

Councilmember Shriver was

excused at 11:45 p.m.

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 climate, the rising cost of health care, and more, was presented.

 

There was no one present for public comment.

 

Motion by Councilmember O’Connor, seconded by Mayor Pro Tem Davis, to approve the recommendation. The motion was unanimously approved by voice vote with Councilmember Shriver absent.

 

 

MEASURE J

 

 

 

 

 

 

 

 

Councilmember Shriver returned at 11:48 p.m.

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 voted to support AB 1446 the authorizing legislation on May 22, 2012, 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 location, 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.

 

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 R1 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

 

 

ADJOURNMENT

On order of the Mayor, the City Council meeting was adjourned at 1:31 a.m.


ATTEST:                                                        APPROVED:



Sarah P. Gorman                                            Richard Bloom
City Clerk                                                       Mayor