CONVENE/PLEDGE  

On order of the Mayor Pro Tem, the City Council convened at 6:14 p.m., with Councilmembers O=Connor, Holbrook and Mayor Bloom absent. Fire Chief Jim Hone 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 various concerns.

At the request of Councilmember Genser, Items 1-F and 1-I were removed from the Consent Calendar.  At the request of Councilmember Katz, Items 1-B and 1-E were removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except Items 1-B, 1-F and 1-I, reading resolutions and ordinances by title only and waiving further reading thereof.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       Councilmembers Holbrook, O=Connor, Mayor Bloom

MINUTES

1-A:     The minutes of the August 26, 2003, City Council meeting, were approved as submitted.

MICROCOMPUTERS

1-C:     Purchase of microcomputers B recommendation to authorize the City Manager to negotiate and execute Contract No. 8284 (CCS) with Gateway Companies, Inc., not to exceed $1,807,560, to provide, install and maintain microcomputers for four years, with four additional one-year renewal options, was approved.

WATER EFFICIENCY

PROGRAM

1-D:     Resolution No. 9897 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH THE STATE OF CALIFORNIA AND CERTIFY GRANT INVOICES FOR THE COMPREHENSIVE MEDICAL FACILITY TURN-KEY WATER EFFICIENCY PROGRAM,@ was adopted.

EMT INTERNSHIPS

1-G:     EMT-Paramedic internships B recommendation to authorize the City Manager to negotiate and execute Contract No. 8285 (CCS) with Northern California Training Institute to provide internship opportunities for EMT-Paramedic students attending the Northern California Training Institute, was approved.

PROMENADE USES

TASK FORCE

1-H:     Provision of consulting services to the Promenade Uses Task Force B recommendation to approve a modification to Agreement No. 8286 (CCS) with Project for Public Spaces, in the amount of $3,900, for additional services required, was approved.

WINTER DISPLAYS

1-J:      Resolution No. 9898 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA SPECIFYING THE LOCATION AVAILABLE FOR WINTER INSTALLATIONS OR DISPLAYS IN PALISADES PARK,@ was adopted.

DEMONSTRATION

GARDEN

1-B:     Ashland Walk Demonstration Garden B recommendation to authorize the City Manager to negotiate and execute Contract No. 8283 (CCS) with Melendrez Design Partners, in the amount of $72,600, to perform outreach, planning, designer selection and evaluation services for the Ashland Walk Demonstration Garden, was presented.

Councilmember Katz advised he removed this item because he had questions regarding the cost.  Staff responded to Councilmember Katz= questions.

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff recommendation.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       Councilmembers Holbrook, O=Connor, Mayor Bloom 

REMAINING CONSENT

CALENDAR ITEMS

On order of the Mayor Pro Tem, Items 1-E, 1-F and 1-I to be considered after Closed Sessions, when all Councilmembers are present, in order to have a quorum for the vote.   

JOINT MEETING WITH THE REDEVELOPMENT AGENCY

PARKING STRUCTURE 8

On order of the Mayor Pro Tem, the regular City Council meeting recessed to a joint meeting with the Redevelopment Agency at 6:33 p.m., with Councilmembers O=Connor and Holbrook, and Mayor Bloom absent.

1-K:     Seismic Retrofit of Parking Structure 8 B recommendation that the City Council and the Redevelopment Agency approve an amendment to Contract No. 8080 (CCS) with Black & Veatch, Inc., in the amount of $97,725, to cover additional construction management costs for the seismic retrofit of Parking Structure 8, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve staff recommendation.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:Councilmembers Holbrook, O=Connor, Mayor Bloom

ADJOURNMENT OF

SPECIAL MEETING

On order of the Mayor Pro Tem, the special joint meeting was adjourned at 6:34 p.m., and the regular City Council meeting reconvened and recessed to hear closed sessions. 

CLOSED SESSIONS:

Mayor Bloom arrived at

7:03 p.m.

Councilmember Holbrook

arrived at 7:05 p.m.

Councilmember O=Connor

arrived at 7:15 p.m.

On order of the Mayor, the City Council reconvened at 7:40 p.m., with all members present to report the following action taken on closed sessions:

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

ACTION:         Heard.  No reportable action taken.

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

ACTION:         Not heard.

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

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve Contract No. 8287 (CCS) in settlement of $4.5 million payable to the City from Ultramar, Inc.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

2-D:     Conference with Legal Counsel B Existing Litigation:  Santa Monica Food Not Bombs v. City of Santa Monica , 9th Circuit Court of Appeal Case No. 0356621.

ACTION:         Heard.  No reportable action taken.

2-E:     Conference with Legal Counsel B Existing Litigation:  City of Santa Monica v. David Levy, et al., Case No. B157587.

ACTION:         Heard.  No reportable action taken.

2-F:     Conference with Legal Counsel B Existing Litigation:  Randall Martinez v. City of Santa Monica, Case No. SC 064 466.

ACTION:         Heard.  No reportable action taken.

2-G:     Conference with Legal Counsel B Anticipated Litigation:

Number of cases:  Six.

ACTION:         One case heard, no reportable action taken.  Five cases not heard.

RETURN TO CONSENT

CALENDAR ITEMS:

2800 LINCOLN

Councilmember Katz was

excused at 7:43 p.m.

On order of the Mayor, the City Council returned to the remaining Consent Calendar items.

1-E:     Approval of Statement of Official Action on appeal regarding existing car wash operation at 2800 Lincoln Boulevard, was presented.

Councilmember Katz advised he had a conflict of interest in this matter and requested to be excused.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve Statement of Official Action.  The motion was approved by the following vote:

AYES:             Councilmembers Feinstein, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Katz

1128 HOLLISTER

Councilmember Katz

returned at 7:44 p.m.

Councilmember Genser was excused at 7:44 p.m.

1-F:     Approval of Statement of Official Action on appeal of Landmarks Designation of property located at 128 Hollister Avenue, was presented. 

Councilmember Genser advised he had a conflict of interest in this matter and requested to be excused.

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve Statement of Official Action.  The motion was approved by the following vote:

AYES:             Councilmembers Feinstein, Katz, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSTAIN:      Councilmember Holbrook

ABSENT:       Councilmember Genser

VACATION OF

PROPERTY

Councilmember Genser

returned at 7:45 p.m.

1-I:       Recommendation to set a public hearing for November 11, 2003, to vacate a portion of First Court from Vicente Terrace to approximately 200 feet northerly, was presented.

Councilmember Genser advised he removed this item for discussion as he had concerns regarding the impact of this action on the Civic Center Plan and the Rand Development project.

Staff answered questions of Councilmembers and provided additional information.  Discussion ensued as to the particulars of the proposed vacation of property.

Based on the discussion, on order of the Mayor, no formal action was taken on this item.  Staff was directed to provide an information report to Council on issues discussed.

ADMINISTRATIVE PROCEEDINGS:

CIVIC CENTER

PARKING STRUCTURE

6-A:     Amendment of Statement of Overriding Consideration and Development Review Permit for the Civic Center Parking Structure to remove the requirement to provide a community meeting room and adoption Resolution No. 9899 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE CIVIC CENTER PARKING STRUCTURE PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN,@ was presented.

Member of the public Jerry Rubin spoke in support of providing a community room for residents.

Motion by Councilmember Holbrook, seconded by Councilmember O=Connor, to adopt Resolution No. 9899 (CCS), reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to approve the development Review Permit amending the conditions of approval.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

ORDINANCES:

GAME ARCADES

 7-A:    Second reading and adoption of Ordinance No. 2097 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.12.090 OF THE MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS FOR GAME ARCADES,@ was presented.

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

AYES:             Councilmembers Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            Councilmember Feinstein

ABSENT:       None

Councilmember Feinstein stated, for the record, that he voted against the motion because although he supports the performance standards, the action (videotaping in the arcade and the availability of the tapes) have unnecessarily restricted civil liberties without a demonstrable  public benefit.

THIRD STREET

PROMENADE USES

7-B:     Introduction and first reading of an interim ordinance extending an initial interim ordinance limiting the frontage of new or expanded uses on the Third Street Promenade to no more than 50 linear feet, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amending page 6, section (1) to read:  AThe proposed use is a theater, cinema, museum, or cultural facility use . . .@  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

DWELLING UNIT

DENSITY

7-C:     Introduction and first reading of an interim ordinance modifying sections of the Municipal Code related to using one-half of the alley to calculate dwelling unit density and measure rear yard setbacks from the center of adjacent alleys in all districts except R1 and OP1 Single-Family Districts, was presented.

Member of the public Joey Fullmer expressed various concerns.  Members of the public Michael Braun and Joanne Kootsikas spoke in support of an exemption to existing projects.

Discussion ensued as to the requests made during public comment and the effects of the ordinance should it be implemented.  After discussion, no formal action was taken.

On order of the Mayor, the information was received and filed.

MOTORIZED MODEL

VEHICLES

7-D:     Introduction and first reading of an ordinance amending Section 4.08.190 of the Municipal Code to prohibit the operation of motorized model vehicles in beach parking lots, was presented.

There was no one present for public comment.

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

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

NOES:            None

ABSENT:       None

STAFF ITEMS:

AIRPORT PARK

PROJECT

8-A:     Design Plans and certification of Final Environmental Impact Report (EIR) for Airport Park Project B recommendation to approve the design plans for the project, adopt Resolution No. 9900 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL EIR,@ and adopt Resolution No. 9901 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM,@ was presented.

The following members of the public spoke in support of the recommendation: Frank Schwengel, Steve Mount, Sean Butler, Allen Michel, Celeste Rodriguez, Jennifer Wolch, Karen Blooks, Maryanne LaGuardia, Harry Roussos,  Jerry Rubin, and Tom Pontin.

Members of the public George Kometoni, Bob Fitzpatrick, Linda Sullivan and Judi Barker expressed general support for the project and expressed concerns regarding potential parking problems.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt Resolution No. 9900 (CCS) reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

Motion by Councilmember Katz, seconded by Councilmember O=Connor, to adopt Resolution No. 9901 (CCS), reading by title and waiving further reading thereof.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the Design Plans for the Airport Project.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

Motion by Mayor Bloom, seconded by Councilmember Genser, to direct staff to return with information regarding the possibility of using artificial turf on the soccer field at the Airport Park, in a fashion that allows for the application of any funding available.  The motion was approved by the following vote:

AYES:             Councilmembers O=Connor, Holbrook, Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            Councilmember Feinstein

ABSENT:       None

Councilmember Feinstein advised he voted in opposition of the motion not because he does not support an increase in field capability, but because he believes that having artificial turf is against the sustainability approach for the planet.

Motion by Councilmember Genser, seconded by Councilmember Katz, to direct staff to return with information on incorporating the Arts Component and on the most appropriate ground materials for the dog parks.  The motion was unanimously approved by voice vote, with all members present.

 PUBLIC HEARINGS:

9-A:     Public Hearing to confirm assessment costs for the installation of streetlights on Dewey, Robson and Marine Streets B recommendation to hold a public hearing, receive public comment, and adopt Resolution No. 9902 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT COSTS FOR STREETLIGHTING ON VARIOUS STREETS IN THE CITY,@ was presented.

Member of the public John Reynolds spoke in support of the project, but asked for relief of the cost imposed as he will be moving from the property in a short period of time.  Member of the public Stephen Naftali questioned the outcome of the residents= vote for the assessment and expressed concerns regarding the burdensomeness of the cost of the project.

Motion by Councilmember Genser, seconded by Councilmember Katz, to accept public comment, and adopt resolution, reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

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

NOES:            None

ABSENT:       None

WRITTEN COMMUNICATIONS:

12-A:   Request from Don Masterson to address Council regarding matters dealing with the Police Department.

Mr. Masterson not being present, and on order of the Mayor, the information was  received and filed.

COUNCIL ITEMS:

SENIOR COMMUNITY

COMMISSION

13-A:   Annual and special vacancy appointments to the following boards and commissions:

Commission for the Senior Community:

On order of the Mayor, the floor was opened for nominations. 

Mayor Bloom nominated Victor Ludwig for a term ending June 30, 2007.  There being no other nominations, Mr. Ludwig was appointed by acclamation, with all members present.

Mayor Bloom nominated Morton Gantman for a term ending June 30, 2007.  There being no other nominations, Mr. Gantman was appointed by acclamation, with all members present.

On order of the Mayor, the special vacancy with a term ending June 30, 2006, was continued to October 28, 2003.

Mayor Bloom nominated Rosemary Regalbuto for a third term as an Emeritus member.  Ms. Regalbuto was appointed by acclamation for a term ending June 30, 2005, with all members present.

PERSONNEL BOARD

On order of the Mayor, appointments to the Personnel Board were continued to October 28, 2003.

ARB

13-B:   Appointment to one annual vacancy on the Architectural Review Board for a term ending June 30, 2007.                                   

On order of the Mayor, this matter was continued to October 28, 2003.

LANDMARKS

COMMISSION

13-C:  Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2006.

On order of the Mayor, the floor was opened for nominations.

Councilmember Feinstein nominated  Deborah Levin.  There being no other nominations, Ms. Levin was appointed by acclamation, with all members present.

RECREATION AND

PARKS

13-D:  Appointment to one special vacancy on the Recreation & Parks Commission for a term ending June 30, 2004.

On order of the Mayor, the floor was opened for nominations.

Councilmember Katz nominated Phil Brock.  There being no other nominations, Mr. Brock was appointed by acclamation, with all members present.

PLANNING

COMMISSION

13-E:   Appointment to one special vacancy on the Planning Commission for a term ending June 30, 2004.

On order of the Mayor, this matter was continued to November 25, 2003.

HIRING LOCAL

WORKERS/YOUTH

13-F:   Request of Mayor Pro Tem McKeown to direct staff to investigate ways to encourage hiring of local workers, particularly local youth, under contracts for construction of City projects; to explore local youth job and job training programs with the college, the school district, unions and private sector employers; and to return with recommendations, was presented.

Members of the public Maria Loya, Oscar DeLa Torre, and Ana Maria Jara spoke in support of the request.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to approve request in context of the overall budget review, amended to include direction that staff investigate ways to deal with youth violence.  The motion was approved by voice vote, with Councilmember O=Connor voting in opposition, and with all members present.ELECTORAL REFORM

Councilmember Katz

was excused at 11:40 p.m.

13-G:  Request of Councilmember Feinstein to direct staff to research State Constitutional Amendment 14, an electoral reform bill co-sponsored by State Senator Sheila Kuehl, to analyze its potential effects for Santa Monica and to return with recommendations, was presented.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve request, amended to delete the word Arecommendations.@  The motion was unanimously approved by voice vote, with Councilmember Katz absent.

PUBLIC INPUT:

 Members of the public Pro Se and Art Casillas expressed various opinions and concerns.

ADJOURNMENT: 

On order of the Mayor, the City Council meeting was adjourned at 11:50 p.m.,  in memory of William (Zak) Mark Forrest.

ATTEST:                                                        APPROVED:

Maria M. Stewart                                           Richard Bloom

City Clerk                                                       Mayor