(NOT APPROVED)

On order of the Mayor, the City Council convened at 5:51 p.m., with Councilmembers Shriver and Holbrook absent. Mayor Bloom 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.

Members of the public Joy Fullmer and Joe Natoli commented on various Consent Calendar items.

At the request of Mayor Pro Tem Katz, Item 1-J was removed from the Consent Calendar.

Motion by Councilmember O’Connor, seconded by Mayor Pro Tem Katz, to approve all items on the Consent Calendar as presented except for Item 1-J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Shriver, Holbrook

1-A: Pier Central Restroom Project - recommendation to authorize the City Manager to negotiate and execute design-build Agreement No. 8821 (CCS) with T.L.D. Construction, Inc., in the amount of $270,500, for preconstruction services for the project, was approved.

1-B: Resolution No. 10238 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES,” was adopted.

1-C: Resolution No. 10239 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION,” was adopted.

1-D: Resolution No. 10240 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE UNITED TRANSPORTATION UNION, LOCAL 1785,” was adopted.

1-E: Resolution No. 10241 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDER-STANDING SETTING THE TERMS AND CONDITIONS OF MEDICAL INSURANCE COVERAGE WITH MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS UNION, PUBLIC ATTORNEYS LEGAL SUPPORT STAFF UNION, UNITED TRANSPORTATION UNION (LOCAL 1785), EXECUTIVE PAY PLAN PARTICIPANTS AND THE SANTA MONICA FIRE-FIGHTERS, LOCAL 1109 (IAFF) AND APPROPRIATION OF BUDGET CHANGES,” was adopted.

1-F: Resolution No. 10242 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS, LOCAL 1109, IAFF,” was adopted.

1-G: Resolution No. 10243 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES,” was adopted.

1-H: Recommendation to authorize the City Manager to negotiate and execute an amendment to Construction Contract No. 8652 (CCS); and an amendment to Professional Services Agreement No. 8722 (CCS) for the Annenberg Community Beach Club at Santa Monica State Beach, was approved.

1-I: Operations, Financial and Rate Review of Solid Waste Services - recommendation to authorize the City Manager to negotiate and execute an amendment to Agreement No. 8524 (CCS) with Gershman, Brickner and Bratton, Inc., in the amount of $75,000, for a total agreement amount of $503,000, for operations, financial and rate review of Solid Waste services, was approved.

1-J: Community Outreach Consulting Services for Charnock Well Fields Restoration Project – recommendation to authorize the City Manager to negotiate and execute Agreement No. 8822 (CCS) with Harris & Company, in the amount of $250,000, for community outreach and public information services required during the planning, pre-design, environmental documentation and final design phases of the Project, was presented.

Mayor Pro Tem Katz advised he removed this item from the Consent Calendar because he felt the amount being requested was too much and that the project could be done less expensively or could be done in-house.

Discussion ensued on the matter. Staff answered questions from Councilmembers.

Motion by Councilmember O’Connor, seconded by Councilmember Genser, to approve recommendation. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Mayor Bloom

NOES: Mayor Pro Tem Katz

ABSENT: Councilmembers Shriver, Holbrook

Mayor Pro Tem Katz stated, for the record, that he voted against the motion because of the cost for the use and previous work record of the consultant.

CLOSED SESSIONS:

Councilmember Shriver arrived at 6:30 p.m.

On order of the Mayor, the City Council recessed at 6:13 p.m., to consider closed sessions and returned at 7:00 p.m., with Councilmember Holbrook absent.

2-A: Public Employee Evaluations.

Title of Employees: City Attorney, City Clerk, City Manager

ACTION: Not Heard.

2-B: Conference with Legal Counsel - Existing Litigation: Batul Hadjian Torab v. City of Santa Monica, Los Angeles Superior Court Case No. SC 085339.

Motion by Councilmember O’Connor, seconded by Councilmember Genser to approve Agreement No. 8823 (CCS) for costs in the amount of $18,516.18. The motion was approved by the following vote:

AYES: Councilmembers McKeown, O’Connor, Genser, Shriver, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: Councilmember Holbrook

2-C: Conference with Legal Council - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(b): one dispute involving real property at 2219 Ocean Avenue.

ACTION: Heard. No reportable action taken.

ORDINANCES:

7-A: Introduction and first reading of an ordinance to require the installation of approved gas shutoff devices in buildings, structures and mobile home parks prior to sale or exchange, when newly constructed or when the cost of additions or alterations exceed $10,000, was presented.

Members of the public Sharon O’Rourke, James Litz, Catherine Eldridge, and Fabian Padilla commented on various aspects of the ordinance.

Motion by Councilmember Genser, seconded by Councilmember O’Connor, to introduce the ordinance, reading by title only and waiving further reading thereof, and directing staff to review any possible structures that may never be covered by the ordinance as written and return to fill any such gaps. The motion was approved by the following vote:

AYES: Councilmembers Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: Councilmember Holbrook

STAFF ADMINISTRATIVE ITEMS:

8-A: BBB Capital Improvement Program and Operating Enhancements - recommendation to appropriate funds for the Capital Improvement Program, for 7.0 full time positions, for 6 full time limited-term positions, and to increase the revenue budget for the Mini Blue program, was presented.

There was no one present for public comment.

Motion by Councilmember Genser, seconded by Councilmember O’Connor, to approve staff recommendations.

AYES: Councilmembers Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: Councilmember Holbrook

8-B: Proposed revisions to City’s off-leash dog area policy - recommendation to: repeal Resolution No. 9316 (CCS) designating off-leash dog areas; adopt Resolution No. 10244 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA DESIGNATING OFF-LEASH DOG AREAS FOR PORTIONS OF AIRPORT PARK, JOSLYN PARK, PACIFIC STREET PARK AND MEMORIAL PARK, LIMITING THE NUMBER OF DOGS AND ESTABLISHING HOURS OF USE”; and adopt Resolution No. 10245 ((CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A FEE FOR PROVIDING ANNUAL DOG TAGS FOR NON-SANTA MONICA RESIDENTS FOR USE OF THE AIRPORT PARK OFF- LEASH DOG AREA,” was proposed.

The following members of the public spoke generally in favor of the recommendation and made suggestions: Sean Butler, Tom Ponton, Len Nguyen, and Jean Tremaine.

Motion by Mayor Pro Tem Katz, seconded by Councilmember Bloom, to adopt Resolutions, reading by title only and waiving further reading thereof, and amending Resolution No. 10245 (CCS) changing the number of dogs allowed from three (3) to four (4).

The motion was approved by the following vote:

AYES: Councilmembers Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem Katz, Mayor Bloom

NOES: None

ABSENT: Councilmember Holbrook

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:

On order of the Mayor, the City Council recessed the regular Council meeting at 8:03 p.m., and convened to a joint meeting with the Redevelopment Agency, with Councilmember Holbrook absent.

9-A: Proposed Santa Monica Place Remodel - recommendation that the City Council and the Redevelopment Agency hold a public hearing to consider the proposal for the remodel of Santa Monica Place (Project) and amendments to existing agreements for construction, operation and maintenance of Santa Monica Place and adjacent Parking Facilities. Recommendation that the Redevelopment Agency, after the public hearing, adopt Resolution No. 505 (RAS) entitled: “A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE PROJECT, AND APPROVE THE PROPOSED REMODEL OF THE PROJECT AS CONDITIONED AND ADOPT FINDINGS THAT IT CONFORMS TO THE DOWNTOWN REDEVELOPMENT PLAN.” Recommendation that the City Council and Redevelopment Agency authorize the City Manager/Executive Director to execute amendments to the Agreement for the Sublease, Operation and Maintenance of Parking Facilities and the Construction, Operation and Reciprocal Easement Agreement, and any other agreements required to implement direction given by the City Council, was presented.

Robin Young, representing developer, spoke in support of the project.

The following members of the public spoke in support of the project: Joy Fullmer, Jean McNeil Wyner, Joe Natoli, Diana Gordon, Tom Larmore, Mike DeSantis, Denise DeSantis, Rick Staff, Tod Lipka, Kathleen Rawson, Cecilia Persson, and Wendy Rosenthal.

Motion by Chair Pro Tem Katz, seconded by Agency Member O’Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Agency Members Shriver, Genser, O’Connor, McKeown, Chair Pro Tem Katz, Chair Bloom

NOES: None

ABSENT: Agency Member Holbrook

Discussion was held regarding the type of public access allowed through the remodeled project during operating hours, and regarding the security to be provided by developer outside of operating hours.

Motion by Chair Pro Tem Katz, seconded by Agency Member O’Connor to approve proposed remodel as conditioned and adopt findings that it conforms to the Downtown Redevelopment Plan, amended in that access to the facility shall remain open as provided in the amended Construction, Operation and Reciprocal Easement Agreement. The motion was approved by the following vote:

AYES: Agency Members Shriver, Genser, O’Connor, McKeown, Chair Pro Tem Katz, Chair Bloom

NOES: None

ABSENT: Agency Member Holbrook

Motion by Mayor Pro Tem/Chair Pro Tem Katz, seconded by Councilmember/Agency Member O’Connor, to authorize the City Manager/Executive Director to execute amendments to the Agreement for the Sublease, Operation and Maintenance of Parking Facilities and the Construction, Operation and Reciprocal Easement Agreement, and any other agreements required to implement direction given. The motion was approved by the following vote:

AYES: Council/Agency Members Shriver, Genser, O’Connor, McKeown, Mayor Pro Tem/Chair Pro Tem Katz, Mayor/ Chair Bloom

NOES: None

ABSENT: Council/Agency Member Holbrook

On order of the Mayor, the City Council adjourned the joint meeting with the Redevelopment Agency at 9:27 p.m., and reconvened the regular meeting, with Councilmember Holbrook absent.

(Mayor Pro Tem Katz was excused at 9:28 p.m.)

RESOLUTIONS:

11-A: Reconsideration of action taken on July 24, 2007 regarding recommendation to adopt Resolution No. 10246 (CCS) entitled: “A RESOLUTION OF THE CITY OF SANTA MONICA CREATING PARKING ZONE "U" TO RESTRICT BLOCKS CLOSEST TO SANTA MONICA HIGH SCHOOL WITH "NO PARKING, EXCEPT BY PERMIT" AND ALLOW "TWO-HOUR PARKING, EXCEPT BY PERMIT" IN THE REMAINDER OF THE ZONE, AND AMENDING RESOLUTION NO. 9344 (CCS) BY REPLACING EXHIBIT A,” was presented.

The following members of the public spoke in opposition to the proposal: Ilan Ben Neir and Dana Sigman.

The following members of the public spoke in support of the proposal: James DuFouro, Don Battu, Carolyn Feruzzi, Anne Falin, Jim Falin, Mary Studenly, Bailey Alfs, and Katharine King.

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

AYES: Councilmembers McKeown, Genser, Shriver, Mayor Bloom

NOES: Councilmember O’Connor

ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz

Motion by Mayor Bloom, seconded by Councilmember Genser, to direct staff to return with information and discussion on the broad policy issues of Santa Monica parking resources, including public transit options and how they can be utilized in a sustainable manner; and, encouraging public transportation including taking the bus, bicycling, and walking for Santa Monica High School students. The motion was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Pro Tem Katz absent.

COUNCIL ITEMS:

13-A: Annual Appointments to Boards and Commissions for terms ending June 30, 2007.

Board/Commission No. of Appts. Term Ending

Sr. Community Comm. 2 6/30/2011

On order of the Mayor, this matter was continued to September 25, 2007.

Personnel Board 1 6/30/2011

On order of the Mayor, and after discussion and with the consensus of Councilmembers, staff was directed to continue this vacancy until June 2008.

13-B: Appointment to unscheduled vacancies to the following Boards and Commissions.

Board/Commission No. of Appts. Term Ending

Library Board 1 6/30/2008

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

Councilmember Genser nominated Kenneth Blackwell for the vacancy. There being no other nominations, Mr. Blackwell was appointed by acclamation, with Councilmember Holbrook and Mayor Pro Tem Katz absent.

13-C: Request of Councilmember McKeown, pursuant to a report from Police Chief Timothy Jackman responding to resident concerns about the display of animals on the Promenade and elsewhere, that the Council direct staff to investigate a simple low- or no-cost permit process for legitimate animal adoption organizations, was presented.

Member of the public Joe Natoli in favor of regulations.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to direct staff to investigate a simple low- or no-cost permit process for legitimate animal adoption organizations. The motion was unanimously approved by voice vote with Councilmembers Holbrook and Mayor Pro Tem Katz absent.

13-D: Request of Mayor Bloom that the Council review amendments to SB2 and provide staff with direction on the legislation. SB2 revises laws regarding zoning for emergency shelters, transitional and supportive housing and, as currently drafted, may have implications for 'good actor' cities and local control, was presented.

Motion by Councilmember McKeown, seconded by Councilmember Shriver, that the City take a position of “working with the author,” on the bill.

Considerable discussion ensued on the merits of the motion, the current state of the bill in the legislature, and the effects of the motion on the City. After discussion, Councilmember Shriver withdrew his second.

Motion by Councilmember McKeown that the City take no action. Motion died for lack of a second.

Motion by Mayor Bloom, seconded by Councilmember Genser, that the City oppose the bill and take the position of “work with author.” The motion was approved by the following vote:

AYES: Councilmember O’Connor, Genser, Shriver, Mayor Bloom

NOES: Councilmember McKeown

ABSENT: Councilmember Holbrook, Mayor Pro Tem Katz

Councilmember McKeown stated the following, for the record: “I'd like the record to show that my 'no vote' is because I could have sought technical amendments, a 'work with author' position, or even taking no action; cause frankly I don't think what Santa Monica does here tonight is going to decide the future of this bill anymore than my vote decided the outcome of this motion here. I just can't bring myself to oppose the most progressive housing bill in the legislature.”

PUBLIC COMMENT:

Members of the public Pro Se and M. Ross discussed various topics. Todd Waiders, representative of the AQMD, introduced himself to the City Council.

On order of the Mayor, the City Council meeting was adjourned at 11:26 p.m., in memory of actress Jane Wyman.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor