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R-9901 Resolution of Statement of Overriding Consideration City Council Meeting: October 14,2003 Santa Monica, California RESOLUTION NO. 9901(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE AIRPORT PARK PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the Airport Park Project; and WHEREAS, the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and WHEREAS, on October 14, 2003, the City Council certified that the Final Environmental Impact Report was prepared in full compliance with State and City CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines and as detailed in Final EIR Volume 1, Sections 5.2,5.8,5.9,5.10, incorporated 1 herein by reference, the City Council finds as detailed herein that most impacts resulting from the project can be reduced to a level that is less than significant. However, significant adverse environmental effects in the areas of traffic/circulation and neighborhood effects related to traffic cannot feasibly be avoided or mitigated below a level of significance. Nevertheless, in accordance with Section 15033 of the State CEQA Guidelines, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4 below. (a) The Final EIR determined that without mitigation, the project could have a potentially ~..Cl>n geolQgy and s8i~.~s..mt With ArtiCle", Section 12 of the. City of Santa Monica CEQA Guidelines and Section 15091 ofthe State CEQA Guidelines and as detailed in the Final EIR at Volume ,Section 5.1, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on geology and soils to below a level of significance: (1) Prior to the commencement of grading, all grading procedures, including soil excavation and compaction, the placement of backfill and temporary excavation, shall comply with the Grading and Excavation Code as adopted by the City of Santa Monica. (2) Prior to the commencement of grading, an erosion control plan shall be prepared for approval by the City of Santa Monica's Environmental and Public Works Management Department. The erosion control plan shall outline the methods that shall be implemented to reduce erosion impacts that result during the grading activities on-site. (b) The Final EIR determined that without mitigation, the project could have a potentially ~tefi rology and .at....,~iConsistent with Article VI, Section 12 of , . 2 the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR at Volume 1, Section 5.3. incorporated herein by reference, the City Council finds that the following mitigation measure has been required in the project that will mitigate or reduce the impact of the project on hydrology and water quality to below a level of significance: (1) Prior to issuance of a grading permit, the City shall obtain an NPDES statewide General Construction Activity Stormwater permit regulated by the State Water Resources Control Board. (c) The Final EIR determined that without mitigation, the project could have a potentially significant effect on noise. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines and as detailed in the Final EIR at Volume 1, Section 5.4, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on noise to below a level of significance: (1) Construction and demolition/grading activities shall comply with the hour limitations presented in the Santa Monica Noise Ordinance. Specifically, construction and demolition are prohibited: . Before 8:00 am and after 6:00 p.m. Monday through Friday . Before 9:00 a.m. or after 5:00 p.m. on Saturday . All day on Sunday . All day on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day Per the Noise Ordinance, use of any construction equipment that would exceed 90 dBA at a distance of 50 feet would be limited to the hours between 10:00 am and 3:00 pm. This does not apply to grading or demolition equipment. (2) Prior to the issuance of the Notice to Proceed for the streetscape improvements, the City shall prepare a construction noise reduction plan that may include the use of 3 specialized equipment and temporary noise screens for streetscape construction in close proximity to residences to ensure that noise levels do not exceed 90dBA at the residences located within 160 feet from the streetscape work. (d) The Final EIR determined that without mitigation, the project could have a potentially significant effect on hazards and hazardous materials. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines and as detailed in the Final EIR at Volume 1, Section 5.5, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on hazards and hazardous materials to below a level of significance: (1) Excavate and remove arsenic-impacted shallow soil on the project site and dispose of at an appropriate disposal facility before the site is further developed. The affected soil should be excavated from sampling location 430/90 to a depth of 5 feet bgs within the lateral extent of impacted soil described in Figure 3 of the Additional Site Assessment Report dated June 17,2002 (Appendix K of FEIR). (2) Excavate and remove chromium VI-impacted soil on the prject site and dispose of at an appropriate disposal facility before the site is further developed. The affected soil should be excavated from sampling locations 745/35, 880/35 and 1015/35 to a depth of 10 feet bgs within the lateral extent of impacted soil described in Figure 4 of the Additional Site Assessment Report dated June 17, 2002 (Appendix K of FEIR). (3) Excavate and remove the TPH-impacted soil on the project site before the site is further developed. The affected soil should be excavated from sampling locations 745/35, 745/125, 1015/35 and 1015/125 to a depth of 0 bgs within the lateral extent of impacted soil described in Figure 4 of the Additional Site Assessment Report dated June 17, 2002 (Appendix K of FEIR). (e) The Final EIR determined that without mitigation, the project could have a potentially significant effect on land use and planning. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA 4 Guidelines and as detailed in the Final EIR in Volume 1, Section 5.6, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on land use and planning to below a level of significance: (1) Prior to commencement of construction, the existing 22 tie down spaces currently located within the mid-level tie down area shall be relocated in accordance with Exhibit 5.6-3 of the Final EIR. (2) Prior to commencement of construction, the project shall be submitted to the Federal Aviation Administration (FAA) for review and approval of a Federal Aviation Regulation (FAR) Part 77 Obstruction Clearance Permitforthe six proposed 70 foot high field lighting structures. (g) The Final EIR determined that without mitigation, the project could have a potentially significant effect on cultural resources. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines and as detailed in the Final EIR in Volume 1, Section 5.11, incorporated herein by reference, the City Council finds that the following mitigation measure has been required of the project, which will mitigate or reduce the impact of the project on cultural resources to below a level of significance: (1) Concurrent with the issuance of a grading permit, the City's designated project manager shall conduct and monitor rough grading activities at the project site to guard against inadvertent impacts to significant cultural resources. If in the course of grading, archaeological, paleontological and/or historic resources are encountered, a City-designated qualified archaeologist should determine the significance of the finds and develop and carry out a plan of mitigation as appropriate. (h) The Final EIR determined that without mitigation, the project could have a potentially significant effect on aesthetics. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines 5 and as detailed in the Final EIR in Volume I, Section 5.12, and Volume III, Section 3.2, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on aesthetics to below a level of significance 1) Prior to the approval of the streetscape improvement plan along Airport Avenue in which mature trees would be removed, an inventory of existing mature trees within the affected area shall be prepared. A tree replacement plan shall be submitted to the City's Community Forrester for review and approval. (2) Exterior building surfaces shall be designed to minimize reflective light and glare emitted from the project site. (3) Field lighting shall be designed to minimize visibility of light source and glare impacts by directing lighting towards the sports field area and not illuminating areas outside the project boundaries or visually impacting the orientation of a pilot's landing approach. Exterior building, landscape, pathway and parking lighting shall be designed to shed light pools on the projected site to satisfy safety requirements. This lighting shall be shielded and directed downward to minimize light and glare impacts. (4) The proposed 70 foot field lighting structures shall be relocated in a manner to keep the four perimeter corner poles away from the goal area to avoid any potential glare impacts that soccer players would encounter during corner kicks. (i) The Final EIR determined that without mitigation, the project could have a potentially significant effect on construction effects. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines and as detailed in the Final EIR in Volume 1, Section 5.13, incorporated herein by reference, the City Council finds that the following mitigation measures have been required of the project, which will mitigate or reduce the impact of the project on construction effects to below a level of significance: (1) Prior to issuance of a grading permit and Notice to Proceed, the City shall prepare and implement a Construction Impact Mitigation Plan which includes the 6 plan for traffic management during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development and, at a minimum, shall include the following: . A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site). . Evidence of notification of the City Engineer and all other affected agencies, for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g. haul routes). . Evidence of timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Environmental and Public Works Management, Department of Planning and Community Development, Department of Resource Management, City of Los Angeles agencies and transit agencies). A traffic control plan for the streets surrounding the work area approved by the City Traffic Engineer, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow. . Measures to ensure the prohibition of dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary to remove construction debris. . Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM. . Locating heavy construction vehicles and equipment on site. Truck queuing on project area roadways shall be prohibited. . Providing all necessary off-site parking for construction workers to avoid impacts on parking in surrounding commercial and residential areas. . Submittal of a storage plan showing where construction material and equipment will be located and screened to the extent feasible. (2) During construction, the City's contractor shall comply with the following measures to minimize air quality impacts associated with the proposed project: During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust (to minimize fugitive dust) after each day's activities cease. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. . During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly. During construction, water trucks or sprinkler systems shall be used to keep 7 all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas between 9:00 am and 12:00 noon, after work is completed for the day and whenever wind exceeds 15 miles per hour. . Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. . Construction equipment must be maintained in tune per the manufacturer's specifications. . Catalytic converters shall be installed on all applicable construction equipment and vehicles to the extent feasible. . NOX emissions during construction shall be reduced by limiting the operation of heavy-duty construction equipment to no more than 5 pieces of equipment at anyone time. . Equipment shall be equipped with 2-4 degree engine timing retard or precombustion chamber engines. . Diesel powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. . Construction and grading activities shall comply with the City of Santa Monica Noise Ordinance. Noise levels generated by construction and grading activities which exceed the City's threshold shall be limited to use between the hours of 10:00 am and 3:00 pm . All diesel equipment shall be operated with closed engine doors and shall be equipped with factory recommended mufflers. . Prior to the issuance of a Notice to Proceed, the project shall comply with provisions established by the City of Santa Monica construction waste reduction ordinance. A project demolition and grading plan shall be submitted for review and approval by the City Department of Environmental and Public Works Management. SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that the significant environmental effects as identified below can be reduced but cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 4. (a) The Final EIR determined that without mitigation, the project could have a potentially 8 significant effect on traffic circulation. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 of the State of California CEQA Guidelines and as detailed in the Final EIR in Section 5.7 of Volume I and Section 3.1 of Volume III, incorporated herein by reference, the City Council finds that the following mitigation measure has been required of the project, which will mitigate one of the project's traffic circulation impacts: (1) 20th and Pica Boulevard -Provide a protected-permitted phase for the eastbound left-turn movement in the am and pm peak periods. However, even with the implementation of this mitigation measure as detailed below, the City Council finds the project will still cause significant traffic impacts which cannot feasibly be mitigated at the intersections of 23rd Street and Ocean Park Boulevard in the pm peak period; 23rd Street and Dewey Street in the pm peak period; Bundy Drive and National Boulevard in the am peak period (in the City of LA using Santa Monica analysis methodology); Centinela Avenue and Palms Boulevard in the pm peak period (in the City of LA using Santa Monica analysis methodology) and possibly traffic impacts at the intersections of 20th and Pearl Street; 17th Street and Pearl Street; 20th Street and Ocean Park Boulevard; Lincoln Boulevard and Pico Boulevard; 23rd Street and Pico Boulevard and 23rd Street and Pearl Street. Additionally, the project will still cause significant neighborhood traffic impacts on 23rd Street north of Airport Avenue; Walgrove south of Airport Avenue (in the City of LA using Santa Monica analysis methodology); Pearl Street east of 16th Street; 14th Street, north and south of Pearl Street; 16th Street south of Pico Boulevard and south of Pearl Street and Delaware Avenue west of 17th Street. 9 The impacts at 23rd Street and Ocean Park Boulevard and 23rd Street and Dewey Street are caused due to projected traffic volumes and increase in vehicle delay at these intersections. Restriping 23rd Street to provide a short exclusive left turn pocket on the southbound approach would mitigate the project impact but is not feasible since it would be contrary to city practices to calm traffic on 23rd Street as it could result in increases of speed along this street. Installation of a traffic signal at 23rd and Dewey Streets would be the only effective means for reducing delay for the eastbound movements on Dewey Street, however this measure is not feasible since a signal at this location would substantially increase delays for the very heavy north-south through movements on 23rd Street resulting in delays for a much greater number of vehicles at the intersection. Furthermore, a signal could lead to diversion of through-traffic into the residential neighborhood to the west. Both Bundy Drive and National Boulevard and Centinela Avenue and Palms Boulevard are located within the City of Los Angeles and using the City of Santa Monica's impact criteria, significant impacts occur at these intersections given the increase in vehicle delay and the volume of traffic. No mitigation measures are feasible since the intersection is outside the City of Santa Monica's jurisdiction Additionally, the potential impact was brought to the attention of the staff in the Los Angeles Department of Transportation. They did not identify any feasible mitigation measures. The significant impacts at the stop-controlled intersections of 20th Street and Pearl Street, 10 1 ih Street and Pearl Street and 23rd Street and Pearl Street could be mitigated with the installation two-phase signals at these intersections, however this measure is not feasible since such a measure could result in significant negative impacts to the overall area by diverting cars from these intersections to other nearby residential streets. At 17th and Pearl Streets it would be possible to restripe the northbound approach to provide separate left and right-turn lanes, but this measure is not feasible as it would require the removal of on-street parking which is contrary to City policy of minimizing the removal of on-street parking spaces. Implementation of an eastbound left turn lane, with or without a protected signal phase, would likely mitigate the significant impact at the intersection of 20th Street and Ocean Park Boulevard, however this measure is not feasible as it would also require the removal of on- street parking spaces in a residential neighborhood with multiple family dwellings and limited on-site parking. Due to limitations in the existing right-of-way width there are no feasible mitigation measures to address impacts at the intersection of Lincoln Boulevard and Pico Boulevard. Provision of an eastbound left turn lane on Pico Boulevard to accommodate turns into Virginia Avenue Park would likely mitigate the possible project impact at 23rd Street and Pico Boulevard, but such an improvement would not be feasible as it would require the removal of on-street parking given the physical constraints at this intersection. Such 11 parking removal is contrary to city policy. Furthermore, such an improvement could produce longer queuing on Pico Boulevard, resulting in vehicles avoiding this intersection and dispersing through the residential neighborhood The neighborhood impacts on 23rd Street north of Airport Avenue and on Walgrove Avenue south of Airport Avenue in the City of Los Angeles, cannot be feasibly mitigated as it is not within the City of Santa Monica's jurisdiction Neighborhood traffic calming measures including roadway narrowing, installation of a raised center median island and curb extensions at Ashland Avenue and 23rd Street have already been implemented on 23rd Street north of Airport Avenue. Other traffic calming measures such as stop signs and speed humps are not considered safe and are infeasible given that the volume of traffic exceeds 20,000 vehicles per day on this street segment. The Walgrove Avenue street segment south of Airport Avenue connects to 23rd Street providing a continuous north-south corridor between Santa Monica and Venice. No mitigation measures are feasible as the street segment is located outside the City of Santa Monica's jurisdiction. The potential neighborhood impact was brought to the attention of staff in the City of Los Angeles Department of Transportation. They did not identify any feasible mitigation measures. Neighborhood impacts at street segments in the vicinity of Santa Monica College were identified due to the possibility that once the existing temporary SMC shuttle parking lot is removed those parkers will travel to SMC and the surrounding neighborhood in search of 12 parking. The possible neighborhood impacts on Pearl Street, east of 16th Street, 14th Street, north and south of Pearl Street, 16th Street south of Pico Boulevard and south of Pearl Street and Delaware Avenue, west of 17th Street, cannot be feasibly mitigated as traffic-calming measures have already been implemented on these streets including curb extensions, roadway narrowing, 90 degree parking, all way stop control at intersections, preferential parking and speed humps. Any additional traffic calming measures would likely consist of diverters or partial or full street closures which would likely have unintended adverse consequences on other parallel local streets. SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, as detailed in Final EIR Volume 1, Section 7, incorporated herein by reference, the City Council finds as follows: (a) The CEQA-mandated environmentally superior alternative was found to be Alternative 3: "Elimination of Field Lighting Structures and Limit Night Use of Santa Monica Airport Park." As analyzed in the Final EIR Volume 1, Section 7, the Elimination of the Field Lighting Alternative would result in impacts that would be equal to or less than the impacts for the proposed project, as well as for each of the other alternatives considered except for recreation This alternative is not feasible in that it would result in significant negative impacts associated with recreation as the needs and demands for sport fields in the City of Santa Monica far exceed the current supply and the installation offield lighting to allow night use of the sports fields is an important strategy to address this demand. 13 (b) Alternative 1: No Project, in which the existing condition of the SMC Shuttle lot, the vehicle storage lot and the aircraft mid-level tie down area would remain as is and the streetscape improvements along Airport Avenue would not occur. This alternative would have greater impacts in the areas of geology and soils, air quality, hydrology and water quality, hazards and hazardous materials, land use and planning, transportation and traffic, recreation, aesthetics and neighborhood effects and reduced impacts on noise, utilities and service systems, public services, cultural resources and construction effects. The No Project alternative is not feasible since it would not satisfy the project objectives of maximizing green space and increasing recreational opportunities including the addition of sports fields and would not result in the implementation of Policy 2.1 of the Open Space Element which calls for the City to reuse portions of public lands including "the conversion of non-aviation lands at the Municipal Airport including streetscape improvements to Airport Avenue, sports fields, picnic area and off-leash dog area". (c) Alternative 2: Extension of Park Facilities through Elimination of the Proposed Off- Leash Area (OLA) Dog Park, which would eliminate the dog park along the eastern end of the project site and replace it with additional park facilities involving larger or additional sports fields, tennis courts or a skate park facility. This alternative would result in similar or greater impacts than either of the other alternatives and is not feasible as it would not meet project objectives that call for the conversion of non- aviation lands at the Municipal Airport for uses including an off-leash dog area and would also not implement the objectives of the Santa Monica Parks and Recreation Master Plan which called for an off-leash dog area in this general location. 14 SECTION 4. As fully described in Section 2, the Final EIR found that the proposed project would result in significant and unavoidable adverse impacts in the areas of traffic circulation and neighborhood effects related to traffic. Consistent with Section 15093 of the State of California CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the Airport Park Project outweigh each of the unavoidable environmental impacts based on the following reasons: (a) The Airport Park Project will provide 8.3 acres of much needed open space in the community to supplement the existing 112 acres of open space that currently exist in Santa Monica; (b) General Objective 1.1 of the Land Use Element calls for improving the quality of life by providing a balance of land uses including adequate park space and green landscaped space throughout the City. The project supports this objective of the Land Use Element by converting non-aviation land to park land and implementing streetscape improvements along Airport Avenue including new landscaping. (c) Land Use Element Policy 1.11.1 encourages the development of parks and recreational facilities to meet the needs of both the resident and daytime populations. The project supports this policy of the Land Use Element by providing a new park with two lighted sports fields, an off-leash dog area, a picnic area and playground area to be used by the resident and daytime populations of the City. (d) Objective 1 of the Open Space Element calls for the City to develop and maintain a diversified and balanced system of high quality open space. This project supports this 15 objective of the Land Use Element by developing a park that encompasses a variety of uses for the community. (e) Objective 2 and Policy 2 of the Open Space Element calls for the city to expand the open space system through the use of public properties. This project supports this objective and policy by utilizing municipally owned non-aviation land at the Santa Monica Airport to create a new 8.3 acre park that will provide much needed sports fields for the City's youth sports programs which register approximately 4,000 youth annually, a 0.8 acre off-leash dog area for use by Santa Monica residents, who have over 5,000 licensed dogs, and a picnic and playground space. (f) The Parks and Recreation Master Plan calls for the City to expand the community park system. This project supports this objective by developing recreational uses with the non-aviation lands at the Municipal Airport. (g) The Airport Park project will significantly improve the existing conditions of the site by converting asphalt to green space which will significantly reduce impervious surfaces, increase groundwater recharge and decrease the amount of stormwater runoff with is consistent with sustainable city goals. SECTION 5. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring Plan, which is included as Attachment A, to mitigate or avoid significant effects of the Project on the environment and to ensure compliance during project implementation. SECTION 6. Consistent with Section 21 081.6(d) of the California Environmental 16 Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Community and Cultural Services Department at 1685 Main Street, Room 210, Santa Monica, California. The custodian of these documents is Karen Ginsberg, Assistant Director. SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Jl J.v' . tl. ... ) ~(}/,l~ MA SHA JO~OUTRIE City Attorney F:ccsadmn\share\resolutions\airportparksoc.doc 17 "0 c .it l.a! 'Od1 ail ~al ~ li~. I ~c~ c. 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I lis M o ~ 0:: W .><: iu a.. t:: o e. <( CII o ';: o :2 CII 1: CII en ('I) ... w o Adopted and approved this 14th day of October, 2003. ~~ Ri ard Bloom, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9901 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of October, 2003, by the following vote: Ayes: Council members: Feinstein, Genser, Mayor Pro Tern McKeown, Katz, O'Connor, Holbrook, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: =:w.~ Maria M. Stewart, Ci Clerk 26