CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JULY 22, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, July 22, 2003, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:10 p.m.)

Councilmember Herb Katz (arrived at 5:59 p.m.)

Absent: Councilmember Pam O=Connor

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers O=Connor, Holbrook, and Katz absent. City Manager Susan McCarthy led the assemblage in the Pledge of Allegiance.

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Member of the public Joey Fullmer expressed concerns related to Item 1-F.

Councilmember Genser requested Item 1-L be removed from the Consent Calendar because he has a conflict of interest with that item. On order of the Mayor, Item 1-L to be considered later in the meeting.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Feinstein, to approve all items on the Consent Calendar as presented except Item 1-L, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers O=Connor, Holbrook, Katz

MINUTES

1-A: The minutes of the May 13, 2003, City Council meeting were approved, as presented.

BEACH CONCESSION STANDS & CAFÉ

1-B: Rental structure and lease terms for beach concession stands and café B recommendation to approve the proposed rental structure and lease term for concession stands and café for subsequent submission to the State Legislature was approved.

RETROFIT PROGRAM

1-C: Restaurant Water Efficiency Retrofit Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 8217 (CCS), in the amount of $9,792, with Community Partners in partnership with Sustainable Works, to administer the restaurant water efficiency retrofit program, was approved.

USED OIL RECYCLING HAZARDOUS WASTE

1-D: Grant applications for used oil recycling and household hazardous waste - recommendation to adopt Resolution No. 9874 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANGER TO SUBMIT AND EXECUTE USED OIL RECYCLING AND HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD,@ was approved.

USED OIL SURVEY

1-E: Acceptance of grant funds for used oil recycling and social survey services B recommendation to accept $246,400 in used oil recycling grant funds, and to authorize the City Manager to negotiate and execute Contract No. 8218 (CCS) with Lodestar Management/Research, Inc., in the amount of $98,468.50, to provide social survey services for the Used Oil Survey Project and Sustainable City Plan Indicators Project, was approved.

STORM DRAIN DIVERSION

1-F: Wilshire Boulevard and Montana Avenue Storm Drain Diversions B recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7995 (CCS) with Burns & McDonnell, in the amount of $55,000, for additional study and design services for the Wilshire and Montana storm drain debris removal and diversion systems, was approved.

WATER CONSERVATION REBATE PROGRAM

1-G: Residential Water Conservation Rebate Program B recommendation to authorize the City Manager to negotiate and execute Contract 8219 (CCS) with the Metropolitan Water District for the Residential Water Conservation Program, was approved.

SUSTAINABLE GARDENS

1-H: Sustainable Gardens demonstration project at Santa Monica City College B recommendation to authorize the City Manger to negotiate and execute Grant Contract No. 8220 (CCS) with the Metropolitan Water District for the City Makeover Grant to implement the project, and approve the proposed budget changes, was approved.

WATER CONSUMPTION REDUCTION

1-I: Comprehensive Medical Facility Turn-Key Program for reduction of water consumption B recommendation to authorize the City Manager to negotiate and execute Contract No. 8221 (CCS) with the California Department of Water Resources for the Comprehensive Medical Facility Turn-Key Program Grant and budget changes, was approved.

ENVIRONMENTAL TASK FORCE

1-J: Appointments to fill vacancies on the Task Force on the Environment B recommendation to appoint two new members to fill the vacant position on the Santa Monica Task Force on the Environment, was approved.

BROKERAGE ACCOUNTS

1-K: Resolution No. 9875 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY INVESTMENT FUND,@ was approved.

415 PACIFIC COAST HIGHWAY

1-M: Selective demolition and stabilization at 415 Pacific Coast Highway (Marion Davies Estate) B recommendation to authorize the City Manager to negotiate and execute Contract No. 8222 (CCS) with Westport Construction, Inc., in the amount of $400,000, for demolition and stabilization of the project, was approved.

LOCAL CONGESTION MANAGEMENT PLAN

1-N: Public hearing on Local Congestion Management Program B recommendation to hold public hearing, receive public comment, and adopt Resolution No. 9876 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE LOCAL IMPLEMENTATION REPORT IN COMPLIANCE WITH THE 2002 CONGESTION MANAGEMENT PROGRAM,@ was approved.

CALPERS SERVICE CREDITS

1-O: Notification to Council regarding the cost to provide two years additional service credit benefit with CalPERS for certain job classifications B recommendation to receive and file information, was approved.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 5:55 p.m., to hear closed sessions and reconvened at 7:37 p.m., with Councilmember O=Connor, absent. On order of the Mayor, action taken on closed session to be reported prior to the end of the meeting.

Councilmember Katz arrived at 5:59 p.m.

Councilmember Holbrook arrived at 7:10 p.m.

SPECIAL ITEMS:

4-A: Mayor Bloom presented a commendation to Ettore Berardinelli, Fire Chief, upon his retirement for his dedication and service to the City of Santa Monica.

Councilmember Genser requested to be excused at 7:50 p.m., from this matter due to a conflict of interest.

Councilmember Genser was excused at 7:50 p.m.

1544 7^TH STREET

1-L: Approval of certification of Statement of Official Action for appeal of the Planning Commission=s denial of a 17-unit condominium development located at 1544 Seventh Street, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve the Statement of Official Action as presented. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmembers O=Connor, Genser

ADMINISTRATIVE PROCEEDINGS:

LANTANA STUDIOS PROJECT

Councilmember Genser returned at 7:55 p.m.

6-A: Discussion of Lantana Studio Project Development Agreement Concept Plan B recommendation that Council discuss the appropriateness and potential public benefit of a development agreement for the project and provide direction to staff on possible negotiating points, was presented.

The following members of the public expressed various views on the subject: Marcia Zimmer, Michael Tarbet and Linda Sullivan.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to explore the following issues, with emphasis on neighborhood traffic mitigation: Staff to investigate Verizon site and if feasible, incorporate into negotiations; promote access to public spaces on site; make recommendations to Council regarding environmental review and timing; review the proposal for other items that should still be part of the project; assure maximum reduction of car trips; investigate auto access from Olympic Boulevard; create pedestrian connections; negotiate shuttle service linking with specified destinations; negotiate for participation in an arts program in public schools; improve internal pedestrian orientation; and negotiate a neighborhood protection plan that is clearly developed, identified and obligated to completion. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

128 HOLLISTER

6-B: Appeal of Landmarks Commission Decision designating 128 Hollister Avenue as a City Landmark - recommendation to uphold the decision of the Landmarks Commission to designate the Foursquare residential structure located at 128 Hollister Avenue as a City Landmark based on the proposed findings. Applicant: City of Santa Monica Landmarks Commission. Appellant: Rosario Perry.

On order of the Mayor, and at the request of the Appellant, this matter was continued to August 26, 2003.

ORDINANCES

ARCHITECTURAL REVIEW ORDINANCE

7-A: Second reading and adoption of Ordinance No. 2089 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CITY=S ARCHITECTURAL REVIEW ORDINANCE (SECTION 9.32.180) TO IMPOSE SITE POSTING NOTIFICATION REQUIREMENTS FOR PROJECTS SUBJECT TO ARCHITECTURAL REVIEW,@ was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

NON-CONFORMING NEIGHBORHOOD MARKETS

7-B: Second reading and adoption of Ordinance No. 2090 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.14.080 OF THE MUNICIPAL CODE TO ALLOW THE PLANNING COMMISSION, OR CITY COUNCIL ON APPEAL, TO MODIFY THE SPECIAL CONDITIONAL USE PERMIT STANDARDS FOR EXISTING NONCONFORMING NEIGHBORHOOD MARKETS,@ was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Holbrook, to adopt ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

DISPLAYS IN PUBLIC PARKS

7-C: Introduction and first reading of an ordinance amending the Parks Maintenance Code, Section 4.55.060, to create an exception to the general prohibition against the installation of structures and displays which would apply to winter displays in a portion of Palisades Park.

On order of the Mayor, this matter was continued to a future meeting.

ATM SURCHARGES

7-D: Introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA REPEALING SECTION 4.32.040 OF THE MUNICIPAL CODE RELATED TO AUTOMATED TELLER MACHINE SURCHARGES,@ was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Councilmember Holbrook, 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 Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

NOISE ORDINANCE

7-E: Introduction and first reading of an Ordinance amending the City=s Noise Ordinance, Chapter 4.12 of the Municipal Code, was presented.

The following members of the public spoke in favor of the proposed ordinance: Steve Francis, Mitch Lachman, Chuck Allord, Dennis Fiedle, Dan Stuart, Maryanne Solomon, Felix Schmittdiel, Eric Schwartzman, Reina Alvarez, and Rosan Alvarez.

The following members spoke in opposition of the proposal: Mike Gruning, Jean McNeil Wyner, John Bahn, Jim Steurger, Kathy Dodson, Linda Sullivan, Marlene Gordon, Joan Gordon, Sharon O=Rourke, Claire Ragge, and Jerry Rubin.

Members of the public Nick Ingram and Jack Behr expressed concerns regarding the effects of the proposal on schools and playgrounds.

On order of the Mayor, the public hearing was closed and discussion ensued. After some discussion, on order of the Mayor, this matter was continued to September 9, 2003.

CALPERS

7-F: Resolution No. 9877 (CCS) entitled: ARESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO APPROVE AMENDMENT TO CONTRACT WITH CALPERS@; and introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF CALPERS,@ were presented.

Member of the public Joey Fullmer expressed various concerns.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

RESOLUTIONS:

11-A: Street Performer sites on the Pier - Resolution No. 9878 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING SIX TEMPORARY ZONES FOR STREET PERFORMERS AND PERSONS, INCLUDING VENDORS, UTILIZING TABLES OR CARTS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING GOODS, WRITTEN MATERIALS, MERCHANDISE, OR FOOD ON THE PIER AND DESIGNATING THE NEW LOCATIONS AS THE TEMPORARY CENTRAL PERFORMANCE ZONE,@ was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to adopt the resolution amending the ending date to December 1, 2003, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

COUNCIL ITEMS:

ANNUAL APPOINTMENTS

13-A: Annual and special vacancy appointments to the following boards and commissions: (Continued from July 8, 2003.)

Architectural Review Board - 1 vacancy for a term ending 06/30/07, was continued to August 12, 2003.

Bayside District Corporation - 3 vacancies for terms ending 06/30/07, was continued to August 12, 2003.

Commission for the Senior Community - 2 annual vacancies with terms ending June 30, 2007, 1 special vacancy with a term ending June 30, 2006, and 1 Emeritus vacancy with a term ending June 30, 2005, were continued to August 12, 2003.

Personnel Board - 1 annual vacancy with a term ending June 30, 2008, and 1 special vacancy with a term ending June 30, 2006, were continued to August 12, 2003.

SOCIAL SERVICES COMMISSION

On order of the Mayor, the floor was opened for nominations for one annual vacancy with a term ending June 30, 2007.

The Mayor nominated Wilfred K.C. Lee. There being no other nominations, Mr. Lee was appointed by acclamation.

PIER RESTORATION CORPORATION

13-B: Appointment to one special vacancy on the Pier Restoration Corporation for a term ending November 11, 2003.

On order of the Mayor, this matter was continued to August 12, 2003.

CLOSED SESSIONS

On order of the Mayor, the City Council recessed at 12:05 p.m., to continue discussion of closed sessions and reconvened at 12:45 a.m., with Councilmember O=Connor absent, to report the following:

2-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Director of Human

Resources

Bargaining Units: Administrative Team Association

Executive Pay Plan

Public Attorney=s Legal Support Staff

Union

Management Team Associates

Municipal Employees Association

Public Attorneys Union

Santa Monica Firefighters Local 1109

Supervisors Team Associates

United Transportation Union

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel B Existing Litigation: Jose Navarette, et al. v. City of Santa Monica, Case No. SC 072 811.

Motion by Councilmember Genser, seconded by Councilmember Katz, to approve a settlement such that the City=s bad faith rights are assigned against the taxi company=s insurance and approve a settlement of $25,000 to the plaintiff. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

2-C: Conference with Legal Counsel - Existing Litigation: LADWP ex rel Armenta v. James Jones Co., Case No. BC 173 487.

Motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve a settlement in the amount of $13 million, with the Santa Monica share being approximately $1.74 million.. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: Councilmember O=Connor

2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Coastal Commission, et al., Case No. SS 011 647.

ACTION: Heard. No reportable action taken.

2-E: Conference with Legal Counsel - Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899.

ACTION: Not heard.

2-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

ACTION: Not heard.

2-G: Conference with Legal Counsel - Existing Litigation: Santa Monica HSR, Limited Partners v. City of Santa Monica, Case No. BS 083 977.

ACTION: Not heard.

2-H: Conference with Legal Counsel - Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, Case No. 03-0032 JTLX.

ACTION: Heard. No reportable action taken.

2-I: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683.

ACTION: Not heard.

2-J: Conference with Legal Counsel - Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367.

ACTION: Heard. No reportable action taken.

2-K: Conference with Legal Counsel B Anticipated Litigation.

Number of cases: One.

ACTION: Heard. No reportable action taken.

PUBLIC INPUT:

There was no one present for public input.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 12:47 a.m., in memory of all of those that lost their lives at Farmers Marker.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor