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M-11/21/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 21, 2003 A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 10:07 a.m., on Friday, November 21,2003, at City Council Chambers, 1685 Main Street. Roll Call Present Absent Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Ken Genser Councilrnember Herb Katz Councilmember Pam O'Connor Councilmember Michael Feinstein Councilmember Robert T. Holbrook Also Present City Manager Susan McCarthy City Attorney Marsha Jones Moutrie Deputy City Clerk Denise Anderson-Warren CONVENE/PLEDGE PUBLIC INPUT CLOSED SESSIONS On order of the Mayor, the City Council convened at 10:07 a.m., with Councilmembers Feinstein and Holbrook absent. Mayor Bloom led the assemblage in the Pledge of Allegiance. Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown, to hear public input before recessing to closed session. The motion was approved by voice vote with Councilmembers Feinstein and Holbrook absent. There were no requests to speak for public input On order of the Mayor, the City Council recessed at 10:10 a.m. to hear closed sessions, and reconvened at 10:31 a.m., with Councilmembers Feinstein and Holbrook absent, to report the following. 2-A: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. November 21, 2003 ADJOURNMENT: Motion by Councilmember Genser. seconded by Councilmernber Katz. to approve settlement and direct the City Manager to negotiate and execute Contract No. 8294 (CCS), with Conoco/Phillips in the amount of$6 million, for clean up and restoration of the city's drinking water due to Methyl Tertiary-Butyl Ether (MTBE) contamination. The motion was approved by the following vote: AYES: CounciImembers Katz, Genser, O"Connor, Mayor Pro Tern McKeown, Mayor Bloom None. Councilmembers Feinstein, Holbrook NOES: ABSENT: Assistant City Attorney Joseph Lawrence presented the second settlement with Shell Oil Corporation, ChevronTexaco and ExxonMobil Corporations, and advised settlement will pay for construction operation and maintenance of a comprehensive MTBE treatment plant and clean up of the City's Charnock Well Field. The settlement is to be broken down into two parts: $ 62.5 million cash settlement, and $30 million put in an escrow account. Motion by Mavor Pro Tern McKeown. seconded by CounciImember Katz. to approve a second settlement and direct the City Manager to negotiate and execute Contract No. 8293 (CCS), with Shell Oil Corporation, ChevronTexaco, and ExxonMobil in the amount of$92.5 million, for construction operation and maintenance of a comprehensive MTBE treatment plant, clean up cost and restoration of the city's drinking water due to MTBE contamination. The motion was approved by the following vote: AYES. Councilmembers Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None. Councilmembers Feinstein, Holbrook NOES: ABSENT: On order of the Mayor, the City Council meeting was adjourned at 10:37 a.m. to November 25,2003. ATTEST: /fetuU u4t~-d~ Denise Anderson- Warren Deputy City Clerk APPROVED: {2_1~~ iichard Bloom Mayor November 21,2003