(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 10, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McKeown at 5:55 p.m., on Tuesday, August 10, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Pam O=Connor (arrived at 6:01 p.m.)

Absent: Mayor Richard Bloom

Councilmember Herb Katz

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor Pro Tem, the City Council convened at 5:55 p.m., with Councilmembers O=Connor, Katz, and Mayor Bloom absent. Director of Transit Services, Stephanie Negriff, 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.

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

NOES: None

ABSENT: Councilmembers Katz, O=Connor, Mayor Bloom

MINUTES

1-A: The minutes of the June 15, 2004, City Council meeting were approved as submitted.

ANTENNA SITE LEASE AGREEMENT

1-B: Antenna Site Lease Agreement B recommendation to authorize the City Manager to negotiate and execute Contract No. 8377 (CCS), an amendment to the agreement with American Tower Corporation, in an amount not to exceed $140,200, for an antenna site lease over a period of five years, and authorize four additional renewal options, was approved.

2101 OCEAN AVENUE

1-C: Resolution No. 9966 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49708 TO SUBDIVIDE A PROPERTY AT 2101 OCEAN AVENUE,@ was adopted.

UNDERGROUND UTILITY DISTRICT

1-D: Recommendation to set a public hearing on September 28, 2004, to determine necessity of establishing an Underground Utility District along 18^th Street Court to Ashland Court North, was approved.

CONGESTION MANAGEMENT PROGRAM

1-E: Resolution No. 9967 (CCS) entitled: A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089,@ was adopted.

MISCELLANEOUS (NON-SAFETY) MOU

1-F: Resolution No. 9968 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING No. 8378 (CCS) WITH THE CITY=S MISCELLANEOUS (NON-SAFETY) BARGAINING UNITS,@ was adopted.

ATA, PALSSU, AND EPP MOU=s

1-G: Resolution No. 9969 (CCS) entitled: A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES,@ Resolution No. 9970 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS== LEGAL SUPPORT STAFF UNION,@ and Resolution No. 9971 (CCS) entitled: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN,@ were adopted.

CANCEL MEETING

1-H: Recommendation to cancel the August 24, 2004, Council Meeting, was approved.

CLOSED SESSIONS:

Councilmember O=Connor arrived at 6:01 p.m.

On order of the Mayor Pro Tem, the City Council recessed 6:05 p.m., to consider closed sessions and reconvened at 7:10 p.m., with Councilmember Katz and Mayor Bloom absent. On order of the Mayor Pro Tem, action taken on closed sessions was reported at the end of the meeting.

ADMINISTRATIVE PROCEEDINGS:

2834 COLORADO AVE.

6-A: Appeal of Planning Commission=s denial of text amendment, development review permit and conditional use permit for project at 2834 Colorado Avenue B recommendation to deny appeal of the Planning Commission=s denial of Text Amendment, Development Review Permit and CUP, and consideration of environmental impact report to allow the construction of 145-apartment units, and to provide direction as to whether a development agreement should be pursued for the project, was presented.

Sami El Bayar, representing the appellant, spoke in support of the project.

Members of the public Greg Amato, Darrell Clark, A. Michelle Page, Dan Adams, Barbara Brown, Jay Johnson, Ken Kutcher, Chris Elder, Ellen Brennan and Nehemiah Davidson expressed various opinions related to different aspects of the project.

Mr. El Bayar provided a rebuttal in response to the public comments made.

Motion by Councilmember Genser, seconded by Councilmember O=Connor, to deny the appeal. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz, Mayor Bloom

Councilmember Holbrook was excused at 8:30 p.m.

ORDINANCES:

DISCRETIONARY LAND USE PERMITS

7-A: Introduction and first reading of an ordinance amending Chapter 9 of the Municipal Code to conform the City=s hearing and processing requirements for Discretionary Land Use Permits with the California Permit Streamlining Act, to modify or clarify the time for issuing temporary use permits and administrative approvals and to establish a procedure for appealing certain environmental determinations to the City Council, was presented.

There was no one present for public comment.

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

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz, Mayor Bloom

CAMPAIGN FINANCE REPORTING

7-B: Second reading and adoption Ordinance No. 2135 (CCS) entitled: AAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 11.04.040 AND 11.04.100 AND ADDS SECTION 11.040.105 TO THE MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REPORTING REQUIREMENTS,@ was presented.

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

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

NOES: None

ABSENT: Councilmembers Holbrook, Katz, Mayor Bloom

SUBSTANTIAL REMODEL REQUIREMENTS

7-C: Second reading and adoption of Interim Ordinance No. 2136 (CCS) entitled: AAN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE THRESHOLD AT WHICH A STRUCTURE IS DETERMINED TO BE SUBSTAN-TIALLY REMODELED AND THEREBY SUBJECT TO ALL CURRENT APPLICABLE ZONING CODE REGULATIONS, ESTABLISHING EXCEPTIONS TO THE SUBSTANTIAL REMODEL REQUIREMENTS, AND AUTHORIZING ZONING ADMINISTRATOR ADJUSTMENTS IN SPECIFIED CIRCUMSTANCES, was presented.

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

AYES: Councilmember Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown

NOES: None

ABSENT: Councilmembers Katz, Holbrook, Mayor Bloom

VICIOUS DOGS

7-D: Second reading and adoption of Ordinance No. 2137 (CCS) entitled: AAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.04.150, 4.04.160, 4.04.170, 4.04.390 AND 4.04.410, ADDING SECTIONS 4.04.155, 4.04.166 AND 4.04.415 TO THE MUNICIPAL CODE, AND REPEALING MUNICIPAL CODE SECTION 3.04.110 RESTRICTING ANIMALS AT LARGE, REGULATING DOGS ON PUBLIC PROPERTY, PROHIBITING DOGS IN SPECIFIED AREAS AND FEEDING IN OFF-LEASH AREAS, AND MODIFYING PROVISIONS ON VICIOUS DOGS,@ was presented.

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

AYES: Councilmember O=Connor, Genser, Feinstein, Mayor Pro McKeown

NOES: None

ABSENT: Councilmembers Holbrook, Katz, Mayor Bloom

COUNCILMEMBER DISCUSSION ITEMS:

BAYSIDE DISTRICT CORPORATION

13-A: Annual vacancy appointment to the Bayside District Corporation, for a term ending June 30, 2008.

On order of the Mayor Pro Tem, this matter was continued to September 28, 2004.

Councilmember Holbrook returned at 8:39 p.m.

HOMELAND SECURITY PROCEDURES

13-B: Request of Councilmember Feinstein to direct staff to prepare comments on the Department of Homeland Security's draft procedures to implement the National Environmental Policy Act, expressing concern about the breadth of "categorical exemptions" from environmental review proposed in the draft procedures, was presented.

There was no one present for public comment.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Katz and Mayor Bloom absent.

SOCIAL SERVICES COMMISSION

13-C: Reconsideration of appointment made on August 3, 2004, to the Social Services Commission, and if reconsidered, consideration of new appointment, was presented.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown to reconsider the appointment made on August 3, 2004, to the Social Services Commission. The motion was approved by voice vote, with Councilmember O=Connor abstaining, and Councilmember Katz and Mayor Bloom absent.

Motion by Mayor Pro Tem McKeown, seconded by Feinstein, to rescind appointment made. The motion was approved by voice vote, with Councilmember O=Connor abstaining, and Councilmember Katz and Mayor Bloom absent.

The appointment being vacated and the seat being vacant, Mayor Pro Tem McKeown nominated Tshombe Sampson. There being no other nominations, Ms. Sampson was appointed by acclamation, with Councilmember Katz and Mayor Bloom absent.

CLOSED SESSIONS

Councilmember Holbrook was excused at 9:35 p.m.

On order of the Mayor Pro Tem, the regular City Council recessed at 8:46 p.m., to consider closed sessions and reconvened at 9:48 p.m., to report the following action taken:

2-A: Conference with Labor Negotiator.

Labor Negotiator: Karen Bancroft, Director of Human Resources

Bargaining Units: ATA, Executive Pay Plan, PALSSU and STA

ACTION: Not heard.

2-B: Conference with Legal Counsel B Existing Litigation: Eddie Johnson v. City of Santa Monica, Case No. SC 080 263.

ACTION: Not heard.

2-C: Conference with Legal Counsel B Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074683.

ACTION: Heard. No reportable action taken.

2-D: Conference with Legal Counsel B Existing Litigation: David Levy v. City of Santa Monica, Case No. 063147.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, to approve settlement as follows:

1. The Levy=s shall pay City $50,000 in attorneys= fees upon execution of agreement. 2. The Levy=s shall pay the City $35,000 in attorneys= fees within six months of execution of agreement. 3. If Levy=s fail to make the second payment, the City shall have the right to file a stipulated judgment in the amount of $125,000. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, Holbrook, Mayor Bloom

ACTION: Approved Settlement of $85,000, payable to the City.

2-E: Conference with Legal Counsel B Existing Litigation: Abraham Supino v. City of Santa Monica, Case No. SC 080 283 and related cases.

ACTION: Not heard.

2-F: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Baron & Budd, PC, et al., Case No. BC 315 186.

ACTION: Heard. No reportable action taken.

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

ACTION: Not heard.

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

Number of cases: Two.

ACTION: Two cases heard. No reportable action taken.

2-I: Conference with Legal Counsel B Existing Litigation: Amalia Hernandez v. City of Santa Monica, Case No. SC 078 840.

ACTION: Not heard.

2-J: Conference with Legal Counsel

Conference with real property negotiator:

Property: 1601 14th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record: Riverstone LLC

ACTION: Heard. No reportable action taken.

PUBLIC INPUT:

Member of the public Pro Se discussed various concerns.

ADJOURNMENT:

On order of the Mayor Pro Tem, the City Council meeting was adjourned at 8:44 p.m. to September 14, 2004, in memory of Frank Maxwell and all Santa Monicans who lost their lives fighting in World War II.

ATTEST: APPROVED:

Maria M. Stewart Kevin McKeown

City Clerk Mayor Pro Tem