CITY OF SANTA MONICA

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

NOVEMBER 11, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:51 p.m., on Tuesday, November 11, 2003, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:14 p.m.)

Councilmember Herb Katz

Absent: Councilmember Michael Feinstein

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 5:51 p.m., with Councilmembers Holbrook, Feinstein, and O=Connor absent. The City Council 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.

Motion by Councilmember Genser, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers O=Connor, Holbrook, Feinstein

MINUTES

1-A: The minutes of special September 4, and regular September 9 and regular September 23, 2003, City Council meetings, were approved.

STATE ROUTE 187

1-B: Recommendation to direct staff to initiate a process for naming former State Route 187 between Palisades Beach Road and Ocean Avenue, was approved.

BUBBA GUMP SHRIMP

1-C: Statement of Official Action for appeal related to project located at 301 Santa Monica Pier (Bubba Gump Shrimp), was approved.

1685 MAIN STREET

1-D: Statement of Official Action for appeal related to project located at 1685 Main Street (Civic Center Parking Structure), was approved.

GRANT FUNDS

1-E: California Office of Traffic Safety Grant Funds - recommendation to accept $20,456 in grant funds, authorize the City Manager to negotiate and execute Agreement No. 8289 (CCS) with the California Office of Traffic Safety, and approve proposed appropriation and budget changes, was approved.

RADIO MAINTENANCE

1-F: Radio equipment maintenance and repair contract B recommendation to waive competitive bidding and authorize the City Manager to negotiate and execute sole source Contract No. 8290 (CCS) with Motorola, in the amount of $177,936, to provide maintenance and repairs to radio equipment for Police, Fire and Big Blue Bus, was approved.

PUBLIC SAFETY FACILITY

1-G: Telephone Switching system for Public Safety Facility B recommendation to authorize the City Manager to negotiate and execute Contract No. 8291 (CCS) with Verizon California, Inc., in the amount of $59,465.41, for equipment and services required to install a telephone switching system, 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 6:55 p.m., with Councilmembers O=Connor, Feinstein, and Holbrook absent to report action taken on the following closed sessions:

2-E: Conference with Legal Counsel B Existing Litigation: Freddie Moore v. City of Santa Monica, Case No. BC 290 478.

Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, to approve settlement in the amount of $25,000, with Ms. Moore to release her claim against City and resign her position. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Feinstein, Holbrook, O=Connor

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

Number of cases: Eight.

Seven cases of anticipated litigation were not heard. One case was heard and was settled as follows:

Motion by Mayor Bloom, seconded by Mayor Pro Tem McKeown, to approve settlement regarding storage space and office use at 1438-46 9^th Street as follows:

1. Property owner to file for a Zoning Ordinance Text Amendment seeking the City amend its law to allow the use.

2. If City does not approve text amendment, property owner can file lawsuit within 90 days of decision.

3. Allow property owner continued use as storage and office use pending review of text amendment and any legal challenge should the text amendment not be approved and the property owner files a lawsuit.

4. If property owner loses litigation, owner must cease use of property within 90 days of litigation resolution date.

The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Feinstein, Holbrook, O=Connor

2-H: Conference with Legal Counsel B Existing Litigation: Carol Day v. City of Santa Monica, Case No. SC 075 230.

Motion by Mayor Bloom, seconded by Councilmember Katz, to approve settlement in the amount of $26,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Feinstein, Holbrook, O=Connor

On order of the Mayor, the Council will recess before the end of the meeting to hear remaining closed sessions and will report any action taken thereafter.

INSPIRATION:

Councilmember Holbrook arrived at 7:14 p.m.

A. Music for Veteran's Day was provided by piper Julie Grossman.

B: Presentation to the City of Santa Monica was made in honor of Thanksgiving, by the Santa Monica-Malibu PTA Council.

ORDINANCES:

THIRD STREET PROMENADE

7-A: Introduction and first reading of an interim ordinance of the City of Santa Monica establishing restrictions on formula retail establishments located on the Third Street Promenade, was presented.

The following members of the public spoke in opposition to the proposal: Janet Morris, Tony Olive, Anthony Delicau, Simon Honeybone, Barbara Tenzer, Bill Tucker, Wally Marks, Kathleen Rawson, Vivian Benjamin, Joe Romano, Joe Natoli, Chris Harding, John Warfel, Vince Mucelli.

Member of the public Rob Rader spoke in support of the proposal. Member of the public Patricia Hoffman suggested a delay in making a decision and receiving more public input.

Motion by Councilmember Katz, seconded by Councilmember Genser, to not introduce the ordinance, but recommend that the Bayside district study the problems discussed, get input from the public and interested parties and return to Council with a similar ordinance and better solutions within nine (9) months. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook

ABSENT: Councilmembers Feinstein, O=Connor

RIGHT-OF-WAY/PRIVATE VESTIBULES

7-B: Introduction and first reading of an interim ordinance authorizing businesses to place furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way, and the display of merchandise in private vestibules.

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

STAFF ITEMS:

DEVELOPMENT AGREEMENTS POLICY

8-A: Policy discussion on Development Agreement Applications B recommendation to provide direction to staff on when developers should pursue a development agreement, was presented.

Member of the public Rob Rader expressed his opinion and concerns relating this matter.

Discussion ensued and staff answered questions of Councilmembers.

On order of the Mayor, the information was received and filed. Staff was deemed to have received direction based on the discussion and is to provide an information report to confirm policy direction.

COUNCIL ITEMS:

COMMISSION FOR SENIOR COMMUNITY

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

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

PERSONNEL BOARD

13-B: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30, 2006,

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

ARB

13-C: 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 November 25, 2003.

PRC

13-D: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 13, 2007.

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

NEIGHBORHOOD ORGANIZATIONS

13-E: Request of Councilmember Holbrook for Council to discuss neighborhood organization funding protocol and oversight and to give appropriate direction to staff for program changes for 2003-04, was presented.

Member of the public Rob Rader expressed his opinion and concerns regarding this matter.

Motion by Councilmember Holbrook, seconded by Councilmember Genser, to direct staff to have contractual agreements with neighborhood organizations that the City funds. The motion was unanimously approved by voice vote, with Councilmembers O=Connor and Feinstein absent.

SOCIAL SERVICES COMMISSION

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

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

RESIGNATION

13-G: Acceptance of Warren Malfer=s letter of resignation from the Housing Commission, and authorization for City Clerk to publish vacancy, was presented.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to accept letter with regrets, and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers O=Connor and Feinstein absent.

PREFERENTIAL PARKING ZONE MM

13-H: Request of Councilmember Genser that the Council schedule a public hearing to consider the adoption of a resolution to expand Preferential Parking Zone MM to the east side of 9th Street, between Michigan Avenue and Pico Boulevard, was presented.

Members of the public Christian Boyce and Kathryn Morea spoke in support of the hearing.

Motion by Councilmember Genser, seconded by Councilmember Katz, to direct staff to schedule a public hearing at the most convenient meeting date. The motion was unanimously approved by voice vote, with Councilmembers O=Connor and Feinstein absent.

PUBLIC INPUT:

Members of the public Art Casillas, B.A. Gray and Joy Fullmer expressed various concerns.

CLOSED SESSIONS:

On order of the Mayor, the City Council recessed at 9:25 p.m., to hear remaining closed sessions and reconvened at 10:21 p.m., with Councilmembers O=Connor and Feinstein absent, to report the following:

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

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: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899.

ACTION: Not heard.

2-D: Conference with Legal Counsel B Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. BC 271 062.

ACTION: Not heard.

2-G: Conference with Legal Counsel B Existing Litigation: Rita Santora v. City of Santa Monica, Case No. SC 075 063.

ACTION: Heard. No reportable action taken.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 10:21 p.m. in memory of Iva Watson, Don Evans, and Sister Mildred Marie Irwin.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor