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O1990CA flat#ylmunillawsladoptdaord2 wpd City Council Mee#ing 10-24-00 Santa Monica, Ca[iforn~a ORDINANCE NUMBER lA9o {CCS) (City Councd Series) AN QRDINANCE OF THE CITY CQUNCIL ~F THE CITY OF SANTA MONICA APPROVING AMENDMENT NUMBER T11V0 TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND THE SANTA MONICA COMMUNITY COLLEGE QISTRICT AN^ THE BOARD OF TRUSTEES OF THE SANTA MONICA GOMMUNITY COLLEGE DISTRICT THE CITY CflUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FO~LOWS SECTlON 1 Amendment Number Two to and Restatement of De~efopment Agreement attached hereto as Exhibi# 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporativn, and the Santa Monica Community College District and the Board of Trustees of the Santa Monica Gammunity College Distnct is hereby appro~ed. SECTlON 2 Each and every term ar~d cond~tior~ of Amendme~# Number Two to and Restatement of the De~elopment Agreement appro~ed ~n Sect~on 1 of this Ordinance shall be ar~d is made a part of the Santa Monica Municipal Cade and any appendices thereto The C~ty Counc~l of the City of Santa Monica finds that public necessity, public can~enience, and general welfare require that any provision of the Santa Monica Municipal Code or app~ndices thereto inconsistent with the provisions of th~s De~elopment Agreement, to the extent of s~ch incansistenc~es and no further, be repealed or modified to that extent necessary to make fully effecti~e the prov[sions of this De~elopment Agreement. SECTI~N 3 Any provision ofthe Santa Monica MunicEpal Code orappend~ces thereto, inconsistent with the pro~isions of this Ordinance, to tf~e extent of such inconsistencies and no further, are hereby repealed ar modif~ed to that extent necessary to effect the provisions of this Ord~nance. SECTfON 4 If any section, subsection, sentence, clause, or phrase of this Ordrnance ~s for any reason held #o be in~alid or unconstitutional by a decision of any court of any competent ~urisdiction, such decision shall not affect the ~alidity o~ the remainEng portions vf this Ordinance The City Councd hereby declares that it would ~ave passed th~s Ordinance, and each and e~ery section, subsection, sentence, clause, or phrase not declared mvalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared in~alid or unconstitutional 2 SEGTION 5 The Mayor shall sign and the City C~erk shall attest #o the passag~ of this ~rdinance The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption This ~rd~nance shall be effective 30 days from its adoption APPROVED AS T4 FORM i' ~'I i .~.~ .i'X.~.C~( :f'~!i~.G:~ ~ ~~ G~'~ `~ ~{..~ .Y~ MARSHA JONE~ ~MOUTR~E City Attomey F 1ATTYIMUNIILAWS1AdoptDAOrd2 wpd 2 EXHIBIT 1 REGORDING REQUESTED BY A.~v'D V4'HE'V REGORDED MAIL TO CITY ~F SANTA MQIVICA 1685 Main Street, Room 212 Santa ~vianica, CA 90401 Attention Ptannmg Directar Space Above Lme For Recorders Use ~ro Recording Fee Required Go~ernment Cod~ Section 27383 AMENDME~i'T NUMBER TWO TO AND RESTATEMENT QF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MO1vICA AND THE SA?~ITA MONICA C4MMUNITY COLLEGE DISTRICT AND THE BOARD OF TRUSTEES OF THE SANTA MONTCA COMMUNITY COLLEGE DISTRIGT RECORDIri G REQUESTED BY AND V~'HEN RECORDED MAIL TO CITY OF 5:~1`TTA iVIONICA 16$~ Main Street, Room 212 Santa Monrca, CA 90401 Attent~an Piamm~g Directar Space Abo~cTe Lme Far Recorders Use No Recarding Fee Requ~red Go~ernment Code Section 27383 AMEiVDMENT NUIVIBER TWO TO AND RESTATEMENT OF DEVELOPMEI~T AGREEMENT THIS AME~]DMENT 1~°L.~IVIBER TWO TO AND RESTATEMENT OF THE DE~'ELOPMENT AGREEMEVT ("Agreerrient"}, dated for reference purposes October _, 2000 is entered mto by and bet~~een the CITY OF SANTA MOlV'~CA, a mumcipal corparation (hereinafter "City"}, and the SANTA MONICA COMMUNITY COLLEGE DISTRICT and THE BOARD OF TRUSTEES OF SAI~TA MONICA COMMUNITY COLLEGE DISTRICT {hereinafter referred to as the "Distnct" collectively) The City and the Distnct enter ~nto th~s Agreement to fully amend and restate that certam De~Telapment A~reement between the City and the District dated Novernber 14, 1989 ("Dngmal De~relapment AgreemenY'} and Amendment ~Tumber One ("Amendment i~umber One") to the Origmal Development Agreement beri~~een the Git~+ and the District dated January 12,1999 Upon mutual execution of this Agreement by the City and the Distnct, this Agreement shall supersede and replace the Ongmal Development Agreement and Amendment Nuznber One in their entirety The City and the D~strict enter into this A~eement v~r~th reference to the following 1 RECITALS: A Pursuant to Califorma Government Code Sections b58b4 et seq. and Santa Monica Munac~pal Cade Sections 9 48.010 et se~q , the City is authonzed to enter into, and subsequently amend in whole ar part, bindxng development agreements «~th persons having legal or equitable interests in real property for the development of such properiy B The Dismct is the legal owner af certain real property {"Property"} located in the City of Santa Momca, California, as more particularly desenbed m Exhibrt A, which is attached hereto and mcorporated herein by reference G Crty and D~stnct and Baard of Trustees entered mto the Onginal Develapment Agreement on dated No~~ember 14, 1989. Pursuant to the terms and conditions of the Onginal De~~eloprnent Agreement, the City approved a plan for the development of ri~o (2) parking structures now commoniy kno«~n as"Parl~ng 5tructure A" and "Parkmg Structure C". D Park~ng Structure A and Parking Structwre C have been developed ~ accardance with the Onginal Developrnent Agreement E Crty and Distnct and Board of Trustees amended the Onginal Development Agreement by entenng mto Amendment Number One on January 12, 1999 Pursuant to the terms and canditions of Amendment Number One, the City appro~ ed the replacement and relocation of the murucipal pool currently located on the campus of Santa Manica College ("SMC") ~n Santa Monica ("Mumcipal Pool Fac~lity") F The '_Vlun~cipal Pool Facility is currently under construction ul accordance wrth ~rriendment'~Tumber One The Murucipal Pool Fac~lity «ill conshtute a fac~lity owned, operated, 2 and maintasned by the City on land awned by the District The Municapal Pool Facihty is ant~cipated to apen in mid-2001 G The parties desire to amend the ~riginal Developrnent Agreement as amended by Amendment Number ~ne to authonze the canstruct~on of Parkmg Structure B Replacement pnmarily to restore parkmg lost on the carnpus of SMC as a result of the Northridge Earthquake :Vlore speczfically, the parties des~re ta amend Paragraph 2 relating to the descr~ption of the Property, Paragraph 3 relat~ng to the descr~ption af the pro~ect, Paragraph 4 relaang to apprfl~ed uses, Paragraph 5 relatmg to tlming of constructian, Paragraph b relating to mitigation measures for the pro~ect, 1'aragraph $ relahng to pro~ect changes upon approval of the Zoning Administrator, Paragraph 9 relating to effect of agreement on land use regularians, Paragraph 10 relatu~g to certificates of occupancy, Paragraph 11 relatmg to enforcernent, Paragraph 12 relatmg to default and remedies, Paragraph 13 relating to procedure upon default, Paragraph 15 relating to duration of agreement, Paragraph 17 relat~ng to remedies cummulahve, Paragraph 18 relanng ta mdemmfication, Exlubrt A relat~ng to the 5ite legal descnption, Exh~bit B relatzng to the pra~ect descnption, Exhibit C relating to Environmental and Pubhc Works Requirements, Exhibit D relating to the pro~ect plans, and to add Exhib~t G r~lating to the Parking Structure B pro~ec# Plans, Exhibit H relating to Parking Structure B mrtigation measures, Exhibit I relating to Park~ng Structure B standard condit~ons and Exlubit J relat~ng to the certain def nrtions H The Parking Structure B Replacement pro~ect «nll be developed in the space currently used by the existing municipal pool, whrch is bemg replaced by the Mun~clpal Pool Fac~lrty I The Murucipai Pool Facihty is be~ng constructed on the site of former I'arking Structure B as approved m the First Amendment to the Development Agreement Paricang Strncture B cansisted of four levels above grade, and contained 37~ parking spaces Parlnng Structure B mcurred 3 sigruficant stzuctural dama~e due to the Northndge Earthquake and was subsequently demalished The Parking Structure B Replacement replaces the demotished park~ng structure at a different site m the mterior of the SMC campus J On December ~, 1998, the Dismct and the Board af Trustees filed with the City an applicatian ~o amend the Development Agreement ("Amendment Applicatxon"). K The D~smct and the Board of Trustees have paid all necessary costs and fees assaciated «~rth the City's processing of the Amendment Applzcarian and this Amendment Number Two and Relnstaternent of the Develapment Agreement ("Agreement") L A Draft En~ ironmental Impact Report was prepared by EIP Associates for the City a~rth respect to the amendments to the Develapment Agreement contained in this Second Amendment and carculated for public comment, all in comphance with the Califorma Env~ronmental Quallty Act (the "DEIR") Comments on the DEIR ~vere rece~ved fram members of the public and a final En~~rronmental Impact Report ~uas prepared and duly cons~dered by the Santa Momca Planning Commission m connect~on u-ith its review of th~s A~-eement The City Council similarly reviewed and considered the lnformat~on contained m the final Environmental Impact Report pnor to appro~vmg this Agreement M The City has complied v~~th a11 procedures required by California Go~rernment Code Sectians 65864 et seq and Santa Monica Mluucipal Code Sectlons 9 48 O10 et seq regardmg the processing af this Agreement, including Santa Monica Municipal Code Sect~on 9 48 170 v~rluch authonzes amendment, in u~hole or in part, of existing development agreements, by, among other tlungs, completmg the follow-~ng 4 1 The Planning Commissian he~d a duly-noticed public heanng on this Agreement an July 19, 2000, and made rts ~~~ntten recommendations to the City Council m accordance with Santa Momca Mumcipal Code Secnon 9 48 130 2 The City Council held a duly-noticed publ~c heanng an this Agreement. Follov~~ng complet~on of the pubhc hearing and considerarian of the recommendation of the Planning Commission, the C~ty Council adopted an ardinance approving tlus Agreement and author~zing the City ~Ianager to execute this Agreement IvT The provisions of this A~eement are consistent with the City's General P1an for se~eral reasons, including, ~vithout hmitanon, the following. The Second Amendment to the Development Agreement establishes the parameters, pro~ ect descnption, standards and conditions, and impact mitigations for the replacement of Parking Structure B, demolished due to the 1994 Northndge Earthquake This pro~ ect ~mplements Land Use Element Ob~ectn~e 1.1 which requires development to improve the quahty of hfe for all residents by pro~iding a balance af land uses consistent «-ith protect~ng the quahty of life m all residentzal neighborhoads By replacing the demolished structure with the proposed pro~ ect, the SMC campus w~ll be reconfigured to improve land use and traffic circulation, improve existing parlcing condinons replace the parkmg spaces that n~ere lost ~n the earthquake, and relocate the park~ng garage to an mtenor srte thereby protect~ng the surrounding residential neighborhoods from the impacts assaciated with bemg located next to a parkmg garage as well as protecting the neighborhoods fro~n the current college parkmg spillover due to Parking Structure B's demolit~on and the result~ng shortage of parking spaces O Gi~~en that numeraus changes ha~e been made to the Original Developtnent Agreernent arid that certain provisions of the onginal agreement have become outdated or inapplicable, the City 5 and the District agree it would be better to have one single updated document rather that a separate amendment to the pnar agreements Accordmgly, upon execuhon af this Agreement, thks Agreement sY~al1 replace and supersede both the Onginal Development Agreement and Amendment Number One m their ent~rety NOW, THEREFORE, in cansxderatian of the covenants arid condrtions hereinafter set forth, and for other gaod and valuable cansideration, the receipt and sufficiency of whach are hereby acknor~rledged, the part~es hereta do hereby agree as follows 1 DEFINITIO~S For purpases of this Agreement, the following terms and phrases shall be ~nterpreted as hereinaf~er defined, unless the context clearly indicates a contrary mtent of the parties Buildm~ Heaght shall be as set forth in Section 3, and for Parktng Structure A and Parking Slructure C shall be def ned as the ~~ertical distance measured from the average level of highest and lou-est point of that portion of the lot co<<ered by the building to the highest point af th~ roof excluding parapets, stairways, ventilating fans or similar equipment requ~red to operate and maintain the building, subterraneari parking areas lacated below the averag~ ground le~el shall also be excluded from building height calculation City the City of S anta Monica, a municipal corporation, organized and conductrng buslness pursuant to the laws of the State of Cahfornia and the Charter of the Crty of Santa Momca City Manager the City Manager of the City D~strlct. Santa Momca Commun~ty Callege D~str~ct arid the Board of Trustees of Santa Viomca Comrnunity College Distnct Floor Area Floor Area as defined by the C~ty of Santa Mamca Zomng Ordmance 6 General Plan the comprehensive, long-term general plari for the phys~cal development of the Crty of Santa Momca pursuant to California Gavernment Code Sections 55300 et seq Hazardous Matenal any substance, material or tiuaste which is regulated as hazardaus/contarrifnat~ng or potentially hazardous/contamu~atulg by the United States govemment, the State of Cahforn~a, or any local or other governmental authonty or any other substance, whether in the form of a sohd, liquid, gas or any other form ~vhatsoever, which by any governmental reqiurements provides for special handhng m its use, transportation, generahon, collechon, storage, treat~raent or disposal LUCE the Land Use and Circulation Element of the General Plan of the City P~annmg Cornmission the Planrung Comm~ssion of the City Pro~ect the proposed development of the Praperty as is mare particularly descnbed in Section 3 of this Agreement and in the Pro~ect Site Plans Parking Structures' the three parking structures to be constructed on the Property, as more particularly descnbed in Section 3 of this Agreement and in ExYubrt B Property the real property on which the Pro~ect wFll be developed and which is more particularly descnbed in Exhibit A Zomng Administrator the Zanzng Adnurustrator of the City 2 DESCRIPTION OF THE PRQPERTY The Praperty is more particularly descnbed in E~ibit A and consists of four (4) lots designated as "Parking Structure A," "Parking Structure C," "Parking Structure B Re~lacement" ~vluch is accessed from Parking Structure C and ~za the ramped driveway from 17th Street, and the approximately 57,354 squaxe foot parcel on the ~~vest side of Santa i~lomca College upon which the Mumcipal Poal Facility is being developed, bounded by 7 Parking Structure A to the north, the access road and Parku~g Structure C to the east, the Facihty ~ervices Department and athletic field to the sauth, and 16th Street to the west 3 DESCRIPTION OF PROTECT f1. Three Parkin~ Structures The Pro~ ect includes all aspects of the proposed de~~elopment of the Property v4ith three (3) parlcing structures ~~vhich are mare parncularly descnbed herein and in E~ibit B, including the followang components 1 Parking Structure A, on the Sauth side of Pico Boulevard between 16`~ Street and 17~` Street, containing approximately 1$2,000 square feet afFloorArea andpro~ding approxunately 4Q2 full size and 292 compact non-tandem parking spaces. The Parlang Structure shall not exceed four levels and a Building Height of 40 feet One level shall be at g~rade and the three other levels shall be above gade The strucCure shail utilize the existing exit on 16`~ Street as a nght tuin only 2 Parking Structure C shall be constructed on the College softball field It shall contam approximately 238,000 square feet of Flaor Area and provide approximately 485 full size and 359 compact non-tandem parking spaces The parl~ng structure shall not exceed five levels wrth one le~-e1 of subterranean parkmg, one level of at grade park~ng, and fonr levels of above-grade parking The parlcing structure shall not exceed a Build~ng Height of 38 feet Th~s height lzmrt shall not preclude the mstallation of solar panels to attain sustainable energy goals for the Mun~cipal Pool Facilrty The Structure shall ha~ e one entrance and exrt from 17`~ Street at Pico Boulevard The structure shall hati e no exit onto 16`~ Street The pro~ect plans for Parkmg Structure A and Parkmg Structure C are thase certain Pro~ec# Plans dated June 19,1989 {~nclude renderings} prepared by Conrad Associates (as the same may be amended from time to time in accordance wrth the terms of tlus Agreement} whach set forth the basic 8 guidelines and scope for the develapment of these parking structures The City shall maintain a copy of these pro~ect plans 3 As mare fully descnbed in Subsectron C of this Sectian, Parking S#ructure B Replacement shall be constructed on the site of the exis~~ng mumcipal pool and shall have a newl ~ve~vay access to and from the Pico Boulevard entrance at 17~' Street in addition to secondary access through the existing Parlcing Structure G The Parkmg Smxcture B Replacement shall not excee~ five levels, mcluding one level of subterranean parking, one level af at grade parking, and three levels above the grade level It shall connec~ to Parl~.ng Structure C and shall not exceed 30 feet aboti~ e average natural grade ("Average'_~Fatural Grade" shall have the meaning se~ forth ~n Santa Momca Mumcipal Code Section 9 44 02 030 350 which ~s m effect on the Effective Date of th~s Agreement and is attached as Exhibit J.) Parking 5tructure B Replacement shall contain approxunately 165,004 square feet of floar area, and prov~de approxunately 24D full size, 21 Amencan with Disabilahes Act ("A.DA") camphant, and 225 compact non-tandean parkulg spaces Two of the handicapped spaces and 17 of the full size spaces «~ill be located on a surface lot directly ad~ acent to the east end of the parkmg structure, whfch is accessible only from the parking structure itself 4 The Total Floor Area of the three parkmg structures descnbed in Paragraphs 1, 2, and 3 shall not exceed 605,040 square feet 5 Vehicular and Pedestnan Access and Circulation Standard size park~ng spaces shall be at least 8 5 feet «nde b}~ 18 feet Campact parking spaces shall be at least 7 5 feet wide by 15 feet Parkmg Structuze A and Parlcing Structure B shall have ingress and egress from several locations on the Property as descnbed on Exhibrt B Parking Str~cture B Replacement shall ha~Te ingress and egress as sho«nn on Exhibits G1 and G2 9 B ~umcipal Pooi Facil~ty 1 , '' The Murucipal Paol Facilrty shall be constructed m the open space area that fronts 16~' Street on t~ie site of the former Parl~ng Structure B, currently referred to as Parkina Lot 8, and on the site of the landscape area located ad~acent to Parking Structure C and the 16`'' Street curbline. The facihty will consist of a SO meter (164 feet) by 75 feet competition pool, an approximately 96 feet by 75 feet instruchonal and recreational poal, an appro~~mately 1,500 square faot pool eqlupment building, an approximately 2,200 square foot pool storage and equipment bmldmg and an approx~rnately 7,500 square foot aquatic building, ~uhich includes the following uses poollocker raorns, lifeguard, pooi supervisors, and reg~stration offices; a f~rst aid roam, a viewing deck and staff Iocker room, an mstructionaUtrauiuig roam, and a caach/campetrtor team affice 2 Locat~on of Mun~crpal Pool Improvements E~ibit D shaws the locahan of the munacipai pool and all related poal improvements In general terms, the cornpetition pool will be located to the ~~est of Parking Structure C an the southern part af the site The instnictional and recreational pool ~i~ill be lacated to the south of Parkmg Structure A on the northern part of the site. The aquahc building ~~~11 be located between the competrtion and instructional and recreational pools The pool storage and equipment areas ti~~ll be placed in two separate locations on the pro~ ect site as follo~cvs at the northeast corner of the srte, immediately ad~acent to Parkmg Shucture A and to the south of the compehhon paol near the southw~est corner of Parking Shucture C The pool storage and equipment areas will consist of enclosed areas bounded by fences, not to exceed 12 feet in height above existing grade and measured at a cantinuum at every point along the w~all 3 Maximum Hei~ht of Mumclpal Pool Improvements The maximuzn height of the aquat~c burlding will be 28 feet above average natural grade ("A<<erage Natural Grade" shall ha~e 10 the mearung set forth in Santa Momca Mumcipal Code Sechon 9 04.02.030 350 which is in effect on the Effective Date of this Agreement } The height of the pool storage and equ~pment areas will not exceed 12 feet above ati~erage natural grade A sound wTall, not to exceed 18 feet in height above existing grade and measured at a continuum at every point along the wall, wi11 be canstructed araund the site, extending from the northw~est comer ofthe site, ad~acent to the proposed pedesman entrance area, along the westem srte boundary between the instruct~onal and recreational pool, aquatic building and the street 4 Approval of Schemaric Drawmgs The Cityhereby approves Schemahc Draw~ngs prepared by Killefer Flainrnang Purt~ll Archrtects, dated Novemher 11, 1998, whlch dellneate the ne«~ Murucipal Pool Facility to be canstructed, mclud~ng, v~~ithout lirnrtation, those pr~ncipal camponents of wYuch are set forth in Paragraph 3, Subparagraph B The Schematic Dra~~vings shall alsa mclude, v~~ithout limitation, a landscape plan for the Municipal Pool Facilrty. The City and the Distnc~ shall maintain a complete copy af the Schema~c Drawings stamped "Appro~ed" by the City The Schematic Drai~vings shall be a half-size set. Further detailed plans for the Murucipal Pool Facility, mcluding, wrthout hm~ta.tion, structural plans and working dra~vings sha11 b~ de~eloped by the C~ty subsequent to the Effective Date based upon the Schemahc Drawmgs Minor modifications to the Schematic Drawings may be rriade by the Crty upon wntten administrative approaal of the Planning Director «~rthout th~ necessity of arnendmg this Agreernent A significant change m the approved concept shall only be undertaken after amendment of tlus Agreement 5 Murucipal Pool Facilrty Access, Park~n~, Circulation and Setbacks Access and circulation far the Municipal Pool facility shall be in accordance tvith the descnption wh~ch is attached as Exhibit D 1 and the plans wluch are attached as E~Yubit D.2 to tlus Agreement The parking for the Mumc~pal Pooi Facility shall be allowed by permrt in either Park~ng Structure A ar 11 Parking Structure G, to be accessed t~a the campus entrance at Pico Boulevard. The precise locations far pool parkmg shall be established by a Joint Operating Agreement to be entered into between the City and the Distnct su~sequent to the effect~~re date of this Agreement. Pool users un~h permits shall be allowed to park free of charge both during weekdays and on weekends. In addition to the ten handicapped spaces currently provided in Parking Struct~re C, the Distnct shall provide another four ground level handicapped spaces These handicapped spaces shall be located m Parl~ng Structure G along the ~vestern face of the structure and shall be availab~e dunng all hours that the Mumcipal Pool Facil~ty is apen. The District shaIl also designate a mmirnum of 24 addrtional spaces which ~.i~ill be a~ailable to pool users during peak hours {3•30-5•30 p.m. on weekdays and Saturdays) The 24 paol spaces will be located in either Parking Structure A or Parking Structure C Their prec~se locations sha11 be estabhshed by the Joint Operating Agreement to be entered mto betv~~een the City and the District C Parking Structure B Replacement 1 Pr~ncipal Components of Parkmg Structure B Replacement The Replacement Parking Structure B shal~ be constructed immediately ad~ acent ~o the east side of the existmg Parking Structure C This site is currently occupied by the original municipal pool, which will be replaced by the nec~~ Mumcipal Pool Fac~hty at the 16`h Street edge of the campus, as permXtted by the Development Agreement The construction af the neu~ Mumcipal PooI Facility at a dzfferent locat~on on the campus v~~ill allo«= the construction of the pro~ect to proceed on the onginal poo~ srte The Parking Structure B Reptacement ~vill be constructed with three above grade levels of parking, one at grade level, and one basement level The number of spaces at each levei will be as fallflws 92 spaces at the below~ grade level, 106 spaces at the grade Ievel (of which nxneteen are located on the ad~acent surface lot}, 94 spaces at level two, 94 spaces at level tlaree, and 100 park;ng spaces at the 12 roof level, for a total of ~86 spaces The gross floor area of the pro~ect shall not exceed 165,000 square feet The height of the structure shall be no more than 30 feet above average natural grade, and ti~-~11 rnatch the height ofthe exishng parking Structure C The Parlcing Str~cture B Replacement ~~ill be accessed v1a a driveway that leads from Pico Boulevard at the 17~' Street entrance to the campus entenng the new park~ng structure on the north side of the buil~ng The structure can also be accessed via ramps connechng ta the existang Parking Structure C, and thus utihze the existuig accessway from Parking Structure C tha# passes in front of the ne~~v Mumcipal Pooi Facihty Exlubrt G descnbes the site plan and location of the pro~ect 2 ' of Structure B Replacement The m~imum he~ght of the replacement parking structure v~~ill be 30 feet abo~~e a~erage nah~ral grade 3 Appraval of Schematic Drau~ngs far Structure B Replacernent. The City hereby approves Schematic Drau ~n~s prepared by Gensler Architects, dated June 14, 2000 which descnbe the ne~~- parking Structure B Replacement to be constructed, mcluding, «7thout lunitation, those pruicipal cornponents of w~uch are set forth in paragraph 3, Subparagraph C. The Schematic Dra~rmgs shall also include ~ti~rthout hmrta#aon, a landscape plan for the Parkmg Siructure B Replacement and the area surrounding the entrance driveway The Crty anc~ the Distnct shall maintain a complete copy of the schemat~c drawings stamped °`appro~ ed" by the City The Schematic Draw~ngs shall be a half-size set Further detailed plans for Parking StructurE B Replacement, based on these schemat~c drau~ngs, mcluding, without hmrtation, structural plans and workmg dra~~~ngs, shall be developed by the College subsequent to the Effective date af this Agreement Minor modifications to the schemahc drawings may be made by the College upon ti~rntten admimstrative approval of the Planning Directar unthaut the necessrty of amending this Agreement A minor modif cation sha11 be defined as a design modification that does not increase 13 the heigh~ of the bu~ld~ng, does not add to the number af stor~es, does not change access and vehicular circulation or landscaping requuements, daes not decrease the number of parl~ng spaces by more than 10, does not alter the a,isle v~~idth or increase the ratio of compact to standard park~ng spaces and does not alter the footpnnt of the building pzoeided that the overall square faotage for the three parkmg structures together does not exceed 605,040 square feet A slgmficant ehange in the appro~ed concept shall onl}~ be undertaken after the amendment of this Agreement. 4 Structure B Replacement Access Parking and Circulation Access and circuiation for the Parking Structure B Replacement shall be in accordance v~rith the descnption that is attached as E~ibrt G.1, and the plans v~~hlch are attached as Exhibit G 2 to th~s Agreement 5 Existm~ Munfcipal Pool Demolitfon The District shall have the sole responsibility, at its ov~~n cost and expense, to demolish the exxsting mumcipal pool and to remove all matenals from the site More specifically, the Distnct shall secure any and all required services, labor, matenals, equipments, permrts and iransportatron to complete the demfllition of the mutucipal pool structures and unpro~~ements. Additionally, the Distnet shall procure any and all reqiured services, labor, matenals, equipment, permits, and transportat~an to be perfarrned to complete #he in~es~Fgation, charactenzation, remedianan, handlmg andlar abatement of asbestos, lead, or other Hazardous Matenals, substances, or contaminants All costs associated with the demoht~on, abatement and rernediation on or under the municipal pool site, including but not hmited to cantractars, transpartation, landfill dumping ar other waste management charges and pernut fees shall be the responsibility of the Distnct The fallo~vmg general protinsians shali apply to the demohtion and remediation of the mumcipal pool structures arid irnprovements 14 (1) The District shall complete demolrtion dunng the time penods specified in Sectton SB of th~s Agreement (2} The Distr~ct shall notify the City ri~venty-one (21) days pnor to the commencement af demo~ition ta pravide the City the opportuiuty to rema~~e any furniture, fixtures ar equipment from the existing municipal pool that the City wishes to retain After this twenty-one day notice penad has lapsed, the District, at rts sole cost and expense, shall remove and/or retain all furniture, fixtures, and equipment from the property Such items may be used by the Distnct, sold, or donated for re-use or transparted off-site for disposal (3} The Distnct retains the r~ght ta sal~age from the demolished facihty and shall have the authonty to assign these r~ghts to another parry such as the demolrtion cantractor (4} All of the murucipal pool facilrties and structures that «nll be demohshed shall be exempt from the Crty's Landmark and Histonc District Ord~nance (Santa Momca Murucipal Code Sectians 9 3G QIO et. se~c ){"Landmark 4rdinance"~ at all times that the Dismct is authonzed to construct Parlcing Structure B Replacement pursuant to thls Agree~nent Neither the Crty's Landmark Commission, the Crty Council, nor any other City agency or official shall have ~urisdiction to prevent, delay, impede, or otherwise obstruct demolition of the munic~pal facilrties and structures based upon the City's Landmark Ordinance or any similar or related City measure designed to protect histonc or archrtecturally sign~ficant structures D Landscapin~ Landscaping requirements for the Pro~eet shall be as set farth in Exhibit B 4 APPRQVED L;SES By the execution ofthis Agreement, the City specifically approves the use of Parking Strucri~re A, Parkmg Structure C arid Parkmg Structure B Replacement for College-related parkmg and far aquatic-related parking 15 The Joint Operating Agreement to be entered mto bett~een the City and the Distnct will address the~oint use, operation of, and parking for the'Vlunicipal Pool Facihty by the City and the District S aid agreement sha11 be consis~ent v~-ith the terms af this Agreement and tivill address hours of operation, sta#f"in~ req~urements, pernut park~ng regulations, maintenance, and other pool operanon functions ~ TIMING OF CONSTRUCTION A The City shail use its best efforts to commence construction of the Murucipal Poal Facil~ty by January 12, 2000, and to complete construction ~;jrtlun t~~elve (12) months of the commencement of canstructian. However, nothmg in this Agreement sha11 be construed to require the City to proceed with the constructlon of the ~Vlunicapal Poo1 Facility and the failure of ~he City to proceed ~~vith construction of the Municipal Pool Facility shall not give r~se to any liability, claim for damages or cause of action agamst the City B The District shall commence construction of the Parking Structure B Replacement tivithin t~~~el~ e manths of the execution of tlus Agreement and shall complete construct~on of this parkmg structure and the 17~' street entranc~ to the campus from Pico Boulevard ~~~thin eighteen months af the commencement of construction The Plamm~g Director m his ar her discretion may extend the time for camplet~on of construcrion of the Parkmg Structure B Replacement and the 17t'` street entrance upan a sha«~ng of good cause by the Dismct and upon such terms and condirions as the Plamm~g Director deems appropnate The construction afParking Structure B Replacemen# and the reconstruction ofthe 17~` Street entrance shall not prevent access to the new Mur~ic~pal Poal Facility fr~m Pico Boulevard if necessary, Pico Baulevard access to the Munzcipal Pool Facilrty will be 16 provided via Parking Structure A dunng the time that Parking Structure B Replacement and the 17`~ Street entrance to the College are under construction. 6. PROJECT MITIGATION MEASURES To comply v~nth apphcable provisions af the General Plan and to uutigate specifc burdens upon the commumty resultmg from canstrucrion ~f the Parking Structures and the Municipal Pool Fac~lity, Distnct agrees to undertake the mitigation measures set forth in Subparagraphs {A} through {G) relat~ve to Parking Structure A and Parkmg Structure C and (I) of this Para~aph relati~e to Parkmg Structure B Replacement and the Grty and the District agree to undertake the mrtigation measures set forth in Subparagraph {H} relative t4 the Mumcipal Pool Facility A Physical Mrti~ahons (1) Pavement treatments shall be applied to each Parlcing Structure to mrti~ate noise effects as follows Pavement to be hand trawel finished with magnesium trowel Fuush shall be in rotary pattern to obtain sweated sw1r1 fin~sh F~rnsh shali be sub~ ect to arclutect's approval Medium broom fmish at nght angles to fla« of traffic shall be acceptable alternate (2) Extenor light~ng of each Parking Structure shall be shielded and d~rected away from surrountung residential areas. (3} Opemngs on each le~~el of the Park~ng Structures shall be designed to eliminate direct exter~or penetration of headlights af vehicles v~~ithin the Strnctures No openu~g shall be allowed an the west wrall of either Parking Structure on tlie second and tlurd levels (4} Matenals used for the roofs and extenor facades of each Parking Structure shall be of a nonreflect~ve nature 17 (~} District shall pay Crty one-fourth { 1/4th) of the cost of acqiusihon and installat~an of traffic signal improvements at the ~ntersect~an of Pico Boulevard and 16'" Street and for the left turn si~al at the extension of 17~` Street at Pico Baulevard, as may be reqlured by the City, if ~n Caty's sole discret~on rt detezmines such signal impravements are needed (6) Signage at the 16`h Street exrt of Lot 4 shall indicate nght-turns anly. {7) The Dismct shall re~nburse the C~ty for the cost of install~ng a raised center median divider along 16~' Street ad~acent to the Lot Four Park~ng Structure exat tliat ti;nll physically prevent left turn exrting onto i6'~ Street. B Air Quality Dunng Construct~on Equipment engines shall be kept in proper tune to reduce exhaust emissions Such equipment shall not be operated during first ar second stage smog alerts During excavahon, the srte shall be watered at least tw~ce da~ly to pre~ent excessive dust, and watenng shall be increased dunng penods ~;-hen «~ind speeds exceed 15 miles per hour Mud and dart shall be removed fram the surroundmg streets and publicly used s~dewalks on a daily basis C Vehicle Alarm Plan Pnor to the issuance of a Certifica~e of Occupancy for erther Structure, Distnct shall submit a vehicle alarm plan for review and appraval of the City Manager which shall address measures the Distnct shall take to mrtigate no~se from ~elucle alarms wit~un both Parking Structures D. Water Consenration (1) Automatzc spnnklers shall be set to watEr landscaping during e~ening and early morning hours only so as to reduce excessive ~~ater requirements due to water loss by evaporation. (2} To the extent feasible, landscaping shall consist of drought-resistant plants and the landscapmg plans shall be sub~ect to the approval of the Environmenta~ and Pubhc Warks Management Department as to the ~~vater conservation features of such landscaping i8 E Impacts on Traffic and Nei~hborhoad During Construchon (1} Velucles hauling dirt or other construction debns from the s~te shaIl co~~er any open load tvith a tarpauhn or other secure covenng to rt3~numze dust emissians. Distnct shall maintain a stagmg area on the Property for use by construction firms and ~ehicles and sha11 design traffic patterns for construction vehicles, both on-srte and off-srte, m order to rn~rurmze the impact of construction actn~itles on ad~acent streets Pnar to the commencement of construction bidding, Distnct shall prepare a construction penod mitigation plan which shall implement tl~e ~tems specified in this paragraph and wh~ch shall address construct~on hours, noise mrtigation, and the locanon of construction staging areas Distr~ct sha11 submrt such constnichon period mi~igation plan to the En~~ironmental and Public V~rorks Managemen# Department for review and approval. In addrtion, Distnct shall cooperate ~~~~th the City's En~nronmental and Pubhc Works Management Depark~r~ent in order to develop other mutually acceptable means for m~nimizing Pro~ect impacts. {2) D1str~c~ shall prepare a construct~on veYucle circulation and daily use plan that specifies the proposed construction routes, hours, and dates, and indicates the manner by which the College will reasonably seek to minim~ze noise, vehicle, and related impacts caused by canstruction acri~~ihes Said plan shall adentify one ar more designated ind~viduals wha wrill be responsible for coardinating and morutonng the construct~on vehicle circulahon use pian and who ~~vill also be a~ailable dunng normal office haurs to respond to neighborhood resident compla.~nts regarding construction ~ehicles Dismct shall mail a copy of said plan to all current property owners and tenants residing wrthin a 100 foot radius of the College campus baundaries A copy of the construction vehicle p~an shall also be published at least once ui a local daily newspaper F Ener~y Conservation Each Parking Structure in the Pro~ect shall comply vsnth all provis~ans of Title 24 of the California Admm~strat~ve Code relatmg to energy conservation 19 G Accessibilrty The Pro~ect's d~sabil~ty access~b~lrty requirements shall be as determined by the Office of the State Architect's Access Compliance Department H Iviunicipal Pool Facilrty impact Mitigat~ons To mitigate specific impacts resulting from the de<<elopment of the Mumc~pal Pool Facilrty, the City and the Distnct agree to perform the pro~ ect mrtigation measures rtemized m Exhibrt E attached hereto, ua accardance w~th the timetable set forth in Exhtbit E, tvhich 1s incorporated herein by reference I Municipal Pool Faci~rty Standard Conditaons The construction and operation of the Muiucipal Pool Facihty shall also be undertaken m accardance ~~~th the conditions set forth Fn Exhibit F, attached hereto J Parlcing Structure B Replacement Impact Mit~~anans To mitigate specifc unpacts resultmg from the development of the Park~ng Structure B Replacement, the Dismct agrees to perform the pro~ect mrtigat~on measures rtemized m Exhib~t H attached hereta, in accardance ~-rth the timetable set forth in Exhibit H, which is incorporated herein by reference K Park~ng Structure B Replacement Standard Conditions The construction and operation of Parking Structure B Replacement shall also be undertaken xn accordance with the conditions set forth m Exhibit I, attached hereto 7 ENVIRONII~NTAL AND PUBLIC WORKS DEPARTMENT REQUIREMENTS The Distnct shall comply wrth all requirements of the Crty's Env~ronmental and Publrc Works Department as enumerated in Exhibrt C~rothang in this Agreement is intended to exempt the Pro~ect from compliance with current or future requu-ements of the Environmental and Pubhc Works Department to ~~rhich the Distrxct would otherw~se be sub~ect, and t~hich are apphcable to 20 other unprovements wrthin the Crty on the date any such future requirem~nt is placed into effect m the Crty S CHA_~TGES TO PARKING ST'RUCTURE A AND PARKING STRUCTURE C NOT REQUIRI'~TG ~,VIENDME'`rT OF DEVELOPMENT AGREE~IENT' If Distr~ct des~res to make any of the following changes to Parking Structure A and Parkmg Structure C, District shall do so in accordance with the provisaons of tlus Section If D~strict desires to make any other changes to these structures, an amendment of thzs Agreement shall be reqlured ~ Upon appro~al of the Zoning Adm~nistrator, Distnct may, ~~~thout amendmg tlus Agreement (i} increase the Floar Area of erther Parking Structure aboE~e the respectrve Floor Areas set forth in Section 3 above, by an amount not greater than 15,000 square feet for erther Structure, pravided that the total Floor Area of the Pro~ect sha11 not exceed 440,000 square feet, (ii} relocate the driveway accesses to the Pro~ ect by not more than 5 feet if approved by the Crty's Envirorunental and Pubhc ~~'orks Management Department, or {iii) relocate the extenar walls of any building by a distance of nat more than 4 feet. B Dismct shall file an apphcation ti~~~h the Zamng Admir~strator on a form appro~~ed by the Zoning Administrator which shall require Distnct to specify the specific changes being reques~ed and to attach plans descnb~ng such changes C The fee for any such apphcat~on shall be equal to the fee then established by resolution far deve~apment ret-~etiv permit apphcations D The Zomng Admimstrator may approve or conditionally approve the appl~cation if he or she fmds that the changes apphed for wTill not adversely affect the compa~ibi~ity of the Pro~ ec~ with 21 the surrounding neighborhood and are harmonious «th the o~erall scheme of development of the Pro~ ect E A Statement of Offcial Action shall be issued by the Zorung Admimstrator promptly follov~-ing his or ~er decision statmg the decis~on and findings ~n support thereof 9 EFFECT OF AGREEMEI~~'T ON LAND tiSE REGULATIONS City and District acknowledge that the pro~isions of this Agreement are intended to implement the antent of the part~es that District has the nght to der-elop the three Parlcing Structures specified in this Agreement, Parkzng Structure A, Parking Structure C, and Parkmg Struct~are B Replacement The C~ty has the nght to control development af these structures pursuant to specified and knowjn standards and rules as dehneated in this Agreement The Ciry shaA ha~e the nght to develop the Mumcipal Pool Facility pursuant to the terms of this Agreement This Agreement shall no~ be deemed to restnct any nght af the Grty or the Distnct, as governmental ent~hes, to act in accardance with their powers, duties, and obhgatxons The follow~ng development standards and restnctions set forth m this Section govern the use and development of the Mumcipal Paol Facility and Parking Structure B Replacement and shall constitute the Apphcable Rules, except as otherwise pro~~~ded herein 9 1 Defined Terms 9 1.1 For purposes of this Section 9, the followmg terms sha11 ha~e the meatungs set forth belo« 9 1 1(a) "Egisting Regulations" collectively means all of the foIlowing wluch are in force and effect as of the Effective Date (i) the General Plan (including, ~vithout l~rnitation, the LUGE} and {n) any and al~ ordmances, rules, regulations, standards, specifications and official 22 pahcies of the City govemmg, regularing ar affect~ng the demolihon, grading, design, development, construction, occupancy or use of buildings and imgravements or any exact~ons therefor. 9 1 1{b) "Subsequent Code Changes" collectivelv means all of the follo~vu~g which are adopted or appro~,~ed subsequent to the Effecrive Date, u hether such adopt~an or approval is by the City Council, any department, division, office, board, comm~ssion ar other agency of the City, by the people of the City through charter amendment, referendum, imtiat~ve or other ballot measure, or by any other method or procedure' (i} any amendments, revisions, addit~ans or deletions to the Existmg Regulations or (ii) new codes, ardinances, rules, regulat~ons, standards, specificahons and official pohcies of the City govern~ng or affecting the grading, design, development, construchon, occupancy or use ofbuildmgs ar improvements or any exactions therefor "Subsequent Cad~ Changes" mcludes, ~~~thout limitatian, any amendments, revisions or addit~ons to the Existing Regulations Fmposmg ar requinng the payment of any fee, special assessment or t~ 9 2 Development Standards Except as prov~ded m this Sectton 9 2, devElopment of the buildings and improvements, mcluding without limrtation, the development standards for the demolrt~on, grading, design, de~~elapment, canstructian, occupancy or use of such bi.uldings and improvements, and any exactions therefor, shall be go~~erned by the Existing Regulat~ons. Any provisions af the Existing Regulations mconsistent ~u~th the provisions of this Agreement, to the extent af such mconsistencies an~ not further, are hereby deemed mod~fied to that extent necessary to effectuate the provisions of this Agreement The Proj ect shall be exempt from (a) all discrehonary acts or review by the City or any body or agency thereof, other than architectural review as specified in Section 9 7, rt be~ng undErstood that any subsequent re~iew shall be rn~mstenal and (b) the application of any subsequent local de~~elopment or building rnorator~a, de~elopment or buildmg rationing systems ar other 23 restnctions on development (`Building Moratona") which would adversely affect the rate, tirr~ng, or phasing of construction of the Pra~ect 9 2 1 Tlus Agreement shall not pre~~ent the City from applying the following Subsequent Code Changes to the development 9 2 1(a} Pracessing fees and charges ~mpased by the city ta cover the esnmated actual costs to City ofprocessmg applications for development appro~rals, formamtonng camphance u~rth any development approvals, or for mamtonng compliance tivith env~ronmental unpact mit~gation measures, provided that such fees and charges are utuformly imposed by the City at szmilar stages af pro~ect development on all similar appl~cahons and for all sim~lar momtonng. 9 2 1(b) General or special taxes, mcluding, but not limited to, property t~es, sales taxes, parcel tu~es, transient occupancy ta~es, business taxes, to the extent that such t~es may otherv~~se lav~ fu11y be applied to the Property or to businesses occupying ~he Properiy, pravlded, howe~ er, that the tax is of general apphcability City-wide and does nat burden the Property disproportionately to other institutional, commercral office or reta.~l development wrthin the C~ty 9 2 1(c) Procedural regulahons relating to heanng bodies, petitions, appiFCations, natices, doc~mentation of findings, records, manner in which hearings are conduc#ed, reparts, recommendatXOns, imt~ahon of appeals, and any other matters of procedure; pro~-ided such regulations are uniformly imposed-by Gity on all matters, do not result m any unreasonable decision- making delays and do not affect the substantrve findings established in this Agreement 9 2 1(d) Regulations w~hich do no# impair the nghts and approvals ~anted to the Distnct in this Agreement 9 2 1(e) Any Cfty regulations to which the Distnct has consented m wrrtmg 24 4 2 2 This Agreement shall not be construed to prevent the Cxry from applying ne~v rules, regulations and policies in such circumstances as are specified an Governrnent Code Sectian 6~866. 9 3 The developfnent standards and procedures in Section 3 shall also govern the de~elopment of the praperty and shall be part of the applicable rules. 9 4 Pnor to the Effective Date, the City and the D~str~ct shall use reasonable efforts to identify, assemble, and copy three idenhca~ sets of the Applicable Rules for the City and the Dismct so that if it becomes necessary in the future to refer ta any of the Applicable Rules, there ~~iil be a carnrnon set of these rules available to all parties 9 S The development standards and restncnans set forth in this Section shall also gavern the use and development of the Mumcipal Poal Facility and shall constitute the Applicable Rules, except as othen~~ise provided herein Norivrthstanding the preceding sentence, for purposes of the Mumcipal Pool Facilzty, "Exisnng Regularions" collect~vely means a11 of the following which aze in farce and effect as of January 12, 1999 (i) the General P1an {incl~ding, wrthout lumtation, the Lti CE} and {ii} any and all ordinances, rules, regulations, standards, specifications and official poiicies ofthe City governing, regulat~ng or affecting the demolition, gradmg, design, development, construction, occupancy or use of buildings and itnprovernents or any exactions thErefar 9 6 Nothing herein sha11 prevent Crty, in subsequent acnons applicable to the Praperty. {a} from applymg nei~v rules, regulanons, and policies wluch do nat conflict with Existing Regulations, ar{b) from denymg or conditionally appro~mg any subsequent development pro~ect applicatfon relating to the Property an the basis of such new rules, regulat~ons, and palicies 9 7 In the event of fire or other casualty, requxnng reconstruct~on of more than fifty percent (50%} of any buiiding previously constructed hereunder, nothing herein shall pre~ent C~ty from Z5 applymg to such reconstruction all requ~rements of City's Building Code and other constructian - related standards and specifications then ~n effec# 9 8 The design features, signage, and landscapmg plan for the Pro~ect wi11 be re~ie«ed and approved, or condrt~onally approved, by City's Arclutectural Review Board ("ARB") m accordance with design re~iew procedures in effect under Exist~ng Regulat~ons Except for design features, signage, and landscaping, such revievsr shall not include any other aspect of the Pro~ect which has been specifcaily approved by this Agreement such as srting, bu~lding mass, or density 9 9 The Murucipal Pool Facihty will be constructed, m part, on the srte of Park~ng Lot 8 which currently provides 96 surface level park~ng spaces Th1s parkmg lot is locateci on the srte of former Parking Structure B Parlcing Structure B cons~sted of four levels above-grac~e and contained 374 parkmg spaces. This Parking Structure ~ncurred signif cant structural damage due to t3~e Northridge Earthquake and was subsequently demohshed The C~ty supports the construction of a replacement parking structure on the College campus wrthm the next five years which ~vould contain a minunum of 374 spaces The actual rep~acement par~ing structure would be sub~ect to City discretionary review~ and approval after a complete environmental analysis has been conducted m accordance wrth the Cahfornia Env~ronmental Qualiry Act, Cahfornia Public Resources Code Secnans 21000 et seq ("CEQA"}, and City standards 9.1 Q City shall not be entrtled to impose any mitigatzon measures or fees in lieu thereof far impacts caused by developrnent of the Pro~ect other than as set forth in this Agreement 14. CERTIFICATES OF OCCUPANCY Upon completion of Parlnng Structure B Replacement constructed under this Agreement, and other appiicable agreements between City and 26 D~smct, the Distnct shall be responsrble for obtaimng from OSA a Certificate of Occuparicy therefor 11 ENFORCEMENT, PE.RI4DIC REVIEW OF COMPLIANCE WITH AGREE?vIE~TT 11 1 City Re~ iew The City shall review this Agreement at least once every twelve (12) month penod dunng the Term of tlus Agreement ~n accardance with this Article 11. At the commencement of each Per~adic Retirie«~, the City shall notify the District in «-r~ting that sa.~d Periodic Review ~s or has been commenced. 11.2 Requ~red Findings During each penod~c review by the City, the Distr~ct shall be required to demonstrate good farth complxance with the terms of this Agreement. In connection therewith, on or before July lst of each calendar year dunng the Terrn of this Agreement, beginnmg with August 1, 2001, the Distr~ct shall prov~de a v~mtten report to the City in wYuch the ch~ef execnt~ve officer of the Dismct certifies good fa.rth compliance by the Dismct with the terms af this Agreement dw~ng the pr~ar calendar year, except for those areas of non-compliance which are specifically set forth in the wntten report and ~hich contam the reasons advanced by the Distnct for nan-compl~ance If, as a result of such periodic review, the Crty finds and deternunes, on the basis of substannal evidence, that the Distnct has not complied in good farth wrth the terms or conditions of this Agreement, the Ci~y may commence proceedmgs to ternunate this Agreement pursuant to Section 12 11 3 Evidence of Good Fa.rth Compliance Evidence of good farth compliance by the District under Section 11 2 may include, but ~s not necessarily limited to, the following 27 11 3 1 Conformance by the Distnct wrth the requirements of the Existing Regulanons, except as otherwise modified by tYus Agreement 11.3 2 Conformance by the Distnct wrth the terms and condit~ons ofthzs Agreement 11 3 3 The existence of any Excusable Delays specified by this Agreement v~rhtch pre~~ented or delayed the tune~y performance by the Dismct of any of its obligations under thls Agreement 11 4. Fatlure of Penodic Re~~ew The Crty's failure to review at least annually compl~ance by the Dismct wrth the terms and canditions af this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement 12 DEFAULT AND REMEDIES 12 1 Not~ce and Cure. 12 1 1 In the event of failure by either party hereto substantially to perform any term, co~enant or condition of tlus Agreement wh~ch is required on its part to be performed ("Default"), the non-defaulting party shall have those nghts and remedies provided in th~s Agreement, provided that such non-defaulting party has first sent a umtten norice af Default, in the manner reqiured by Section 17, by registered or certified mail, return recelpt requested, ~dentifying wrth spec~~ic~ty the nature of the alleged Default and the manner in wluch the alleged Default rnay sarisfactonly be cured ("Notice of DefaulY') 12.1 2 In the case of a monetary Default by the Distnct, tYte Distnct shall promptIy commence to cure the identified Default and shall compiete the cure of such Default wrthin ten (10) business days after receipt by the District of the Natice of Default In the case of a non-monetary Default by ezther party, the alleged defaulting party shall promptly commence to cure the identified 28 Default and shall complete the cure tivx~hin thirty (30} days after receipt of the Notice of Default The tlurty (30) day cure penod for a non-monetary Default shall be extended as is reasonably necessary to remedy such nefault, provided t~at the alleged default~ng party commences such cure pramptly after rece~vFng the Notice of Default and contmuously and diligently pursues such remedy at all times until such Default is cured 12 2 Remedies for Monetary Default 12 2 1 In the e~ent of Defau~t by the District m the performance of any of its rnanetary o~ligations under this Agreement which remalns uncured (a} ten (10) businESS days after receipt ~y the Distnct of a w-ritten-notice of default from the Crty, the City shall have available any r~ght or remedy provided in this Agreement, at law or in equrty All of said remedies shall be cumularive and not exclusive of one another, and the exercise of any one or more of said remed~es shall not const~tute a waiver or election m respect ta any other available remedy 12 2 2 In the event of a monetary Default by fhe Distric~, the City shall not be required to comply with the procedures m Sect~on 12 4 12.3 Remedies for Non-Monetary Default 1? 3 1 In the e~rent of non-monetary Default by erther party hereunder wluch remains uncured (a) after expiration of all apphcable notice and cure penods, the non-defaulting party shall have available any nght or remedy provided in this Agreement, or provided at law or in equrty except as prohibited by this Agreernent All of said remedies shall be cumulari~ e and not exclusive of one another, and the exercise of any one or mare of said remedies shall not constrtute a v~raiver or election m respect to any other available remedy 12 3 2 Due to the size, nature and scope af the Pro~ ect and the fact that it will not be practical or possible ta restore the Property to its cond~tion as of the date af thxs Agreement once ?9 implementation of tlus Agr~ement has begun, the District may be foreclosed from other chQ~ces it may have had to use the Property or portions Addihonally, the District has invested slgnaficant time and resources, performed extensive planYUng and processfng of the ProJect, and will be in~est~ng even more signaficant time and resources in implementing the Project ~n reliance upon the terms of this Agreement Consequently, the C~ty and the Distnct acl~owledge that money damages and remedies at la~~v generally are inadequate and that specific performance is an apprapnate remedy for the enforcement of tt~is Agreement Therefore, the remedy of specific performance shall be a~ailable to both the City and the Distnct under tlus Agreernent in the e~Jent of a non-monetary Default 12 3 3 The City and the District hereby shpulate that the District shall be entrtled to obtain relief in ~he form af a wnt of mandate izi accordance with Cade of Civil Procedure Sectian 1085 or Section 1094.5, as appropr~ate, to remedy any non-monetary Defauit by the City flf its obligations and duties under tlvs Agreement Nathing in th~s Section 12.3 3, however, is intended to alter the evidenhary standard or the standard of re~iew apphcable #o any acnon of, or approval by, the City pursuant to thts Agreement or wrth respect to the Pro~ect 1? 3 4 It is acknowledged by the District that the City would nat have entered into this Agreement if ~t v~~ere to be hable in damages under or with respect to this Agreement or the application thereof Consequentty, and except for the payment of attorneys' fees m accordance with Section 22 and court costs, City shall not be liable in damages to the District, and the District co~Tenants on behalf of itself and its successors in interest nat ta sue for or clainl any damages 12.3.4(a) for any non-monetary Default of, or vsrhich ar~ses out of, th~s Agreement, 12.3 4(b] for the takmg, impairment ar restnc~aon of any nght or anterest conveyed or pro~~lded hereunder or pursuant hereto, or 30 12 3 4(c) ansing out of ar connected w~th any dispute, contraversy ar issue regarding the application or ~nterpretation or effect of the provisions of tlus Agr~ement 12 3 5 The City and the Dismct agree that the provisions of Section 12.3 4 do not apply if the City has maliciausly dzsregarded the terms of th~s Agreement and further agree that the provis~ons of section 12 3.4 do not lunit the liabi~ity of the City, if any, for damages which- 12.3 5{a} are not for a non-monetary DEfault of tlus Agreement or which do not arise under this Agreement, 12_3.~{b) are not wrth respect to any nght or interest conveyed or protizded hereunder or pursuant hereto, and 12 3 5(c) do not arise out of or wluch are not connectedr~vith any ~ispute, controversy or Fssue regarding the applicahon, interpretation or effect of the provisians of this Agreement to, or the application of, any City rules, regulations or official pohcies 12 3 6 Except as pro~ided in Sectian 12 3.4, the provisions of thts Section 12 3 shall nat hm~t any other rights, remedies, or causes of acnon that either the City or the Distnct may ha~e at law or equity 12 3 7 Natwrthstanding any provisions of this Sect~an 12.3 to the cantrary, the City shall be required ta comply wrth the procedures in Sect~on 12 4 in the e~ent that the C~ty desires to terminate or madify tlus Agreement as a res~lt af a non-monetary Default by the Distnct under this Agreement In such event, however, the Crty shall not be reqnired to comply with Sections 12 1 1 and 12 1 2, inasmuch as comparable notice and cure pro~isions are provided ~n Section 11 4. 31 12 4 Termination of Agreement by City 12 41 In the event that {a} the Crty finds and determines pursuant ta Sect~an 11.1, on the basis of substantial evidence, that the Distnct has not been in good faith compi~ance with the terms and conditions of this ~greement or [b) the City finds and determ~nes that there has been a non-monetary Default by the Distnct of its obligations under this Agreement, the City may commence proceedings to terminate or madify this Agreement pursuant to tlus Section i2 4 12 4 2 The procedures for ternunation or mod~fication of tlus Agreement by the City for the grounds set forth in ~ection 12 ~ 1 are as follows. 12.4 2(a) The City shall provide a written nohce to the Distnct af its lntention to ternunate ar modify this Agreement unless the Distrlct cures or corrects the acts ar amissions that constitute the basis of such deter~tnations by the Grty ("Heanng Notice") The Hear~ng Notice shall be del~ver~d by the Crty to the Distrlct in accordance with Section 1 S and shall contain the nme and place af a public hearing to be held by the City Council on the determination of the City to proceed w-~th termination or modification of this Agreement The public hearzng shall not be held ear~ier than thlrty-one (31} days after dehvery of the Hearing Notice ta the Distnct. 12 4.2{b} If, follow~ng the conclusion of the pubhc hearing, ~he City Council {i) determines that the District is in Default of its non-monetary obligations under this Agreement or has not been in good fa.ith compliance with thas Agreement pursuant to Sectian 11 1, as appl~cable and {~i} further determines that the Distr~ct has nat cured the acts or omissions that constrtute the basts of the determinanon under subsection (i} or, if those acts or omissions could not be reasonably remedied pnor to the public heanng, that the District has not m goad farth commenced to cure or correct such acts or om~ssions pr~or to the pubhc hearing ar is not dingently and continuously proceed~ng thereu~th to completion, the Crty Council may terminate or rnodify tlus 32 Agreement The Crty and the Distnct mutually ackna~vledge and agree that the C~ty cannot unilaterally madify the provisians of this Agzeement pursuant ta th~s sectian 12 4 and that any such modificat~an requires the consent af the Distr~ct. In the event that the DistrFCt daes not consent to a madifieation submitted by the Crty pursuant to this Section 12 4, the City Council may elect to ternunate this A~ eement 12 5 Cessation of Rights and Obhgations. If this Agreement is terminated on account of a Default, ~he nghts, duties and obhgations of the parties hereunder shail cease as of the date of such termmation exc~pt as otherw~se pro~rided in this Agreement ~f the Crty is the tenninatmg party, then any and all benefits, includuig money received by the Crty, shall be retamed by the City 12 6 Complehan of improvements Nori~vrthstanding the provisions of Sections 12 3 through 12 5, and except aspro~ided in Section SB, if prior to termination af this Agreement, either party has performed substantial work and ~ncurred substanrial iiabillties ~n gaod fazth reliance upon a buildmg permit, then that party shall have acquired a ~ ested nght to. complete construchon af the building in a.ccordance wrth the terms of the building permit and occupy or use such building upon completion for the use(s) permitted for that building as del~neated in Secrion ~ Any building completed or occupied pursuant to this Section shall be considered legal non-conforming sub~ect to all czty ordinances, standards, and policies as they then exist governing legal non-conformmg buFld~ngs and uses unless the buildzng otherwise complles ~vith the praperty developrnent standards for the distnct in wluch ~t is lacated and the use is otherwise permitted or conditionally permitted in the distr~ct 33 13 NOTICE DF TERIVIINATION Upon termmation of thts Agreement, the parties hereto shall execute an appropnate nonce of temunation siutable for recordmg ~n the official Records of Los Angeles Caunty 14 DUitATION OF AGREEMENT Thi~ Agreemen~. shall ~pir~ on December 31, 2014 After expiration or full satisfaction the pames shall execute ar- appropnate certificate of terminahon ~~~h~ch shall be recorded in the offic~al Records of Los Angeles County, 15. SUPERSEDURE BY SUBSEQUENT LAWS. If any agency ather than City passes any law or regulation ("La«~") after the date of this AgrEement which pre~ents or precludes compl~ance with one or more pro~~sions of tlus Agreement, then the ~arties shall meet and confer in good faith to determme the feasibllrty of modifying or suspendxng one or more provisions of this Agreement ta cornply ~vith such new Law based an the effect such modification or suspensian would have on the purposes and mtent of this Agreement In addition, D~stnct shall have the nght to challenge the neur La~v preventing camphance with the terms of tl~s Agreement, and, m. the e~ent svch challenge is successful, th~s Agreement shall rema~n unmodified and in full farce and effect. 76 NOTICES Any notzce, demand, request, cansent, approval, or communication v~~hich either party is requared to ar may grve to the vther hereunder shall be in wntmg and shall be delrvered or addressed to the o~her at the address helow set forth ar to such other address as either party may from time to tim~ ~rect by ~vritten norice given ~n the manner herem prescr~bed, and such nahce ar commumcation shall be deemed to have been given or made when cammwucated by personal delivery ar by independent courier service or by facsurule, or if by mail, on the secand 34 business day after the deposit thereof in the Umted States mail, pastage prepaid, registered or cert~fied, addressed as hereinafter pravided All notices, demands, requests, consents, approvals, or commumcations from Distnct to Crty shall be addressed to C~ty at City of Santa Monica 1685 Mam Street, Room 2Q9 Santa Momca, Cahforiua 90401 Attention Crty Manager ~'Vfth Copies to Santa Moruca City Attorney's Office 1685 Mam Street, Third Floar Santa Momca, Califorma 90401 Attention City Attarney And to Community and Cultural Services 1685 Ma~n Street, Room 210 Santa Monica, California 90401 Attention- Director And to Planrung and Cornmunity Development Department 1685 Main Street, Roam 212 Santa Monica, Califoriua 90401 Attennon. Director All nohces, demands, requests, consents, approvals, ar commu~ucations from City to Distnct shall be addressed to Dismct at: Santa Momca Comrnumty College Distnct Office of the Supenntendent and President 1900 Pico Boulevard Santa Monica, Cahfomia 904D5 Attention. Super~ntendent and President, URGENT ~Vrth copres to Bus~ness Services Santa Moruca College 190D Pico Boulevard 35 Santa. Moruca, Califomia 90405 Attention Deputy Supenntendent 17 INDEMN IFTCATION A Except as pro~~ded in Section C of tlus Paragraph 17, City shall have no hability of any kmd whatsoe~er for, in connection wrth, or as a result of the Pro~ ect, or any partion o~ the Praperty, or the condrt~an thereof, or the o~rnership or operat~on #hereof, or any act or occurrence that occurs thereat or in connection therew~th, at any t~me during the term of this Agr~ernent, whether for any damage or in~ury ta any persons whatsoe~ er or to any property of Dis~ct or af any other person for any reason whatsoever, includ~ng unthout limitation, those accasioned by or ansmg from: 1 The demohtion of existmg buildmgs, if any, or the construction, operation, or maintenance of the Pro~ect or any improvements upon any portion of the Property, or the condinan of any partion of the Property 2 Any conduct, act, or omission of City, its agents or employees except for any claim against Crty for any m~ury or damage to Distnct or any other person wYuch was caused by the actiae negligence or reckless or vvi11fu1 misconduct of Cxty ar any of its agents or employees, to the extent not covered by insurance B District agrees to indemrufy, defend, and hold harmless, Grty, its Crty Council, boards and cornmissions, officers, agents, and employees from and agamst (1} Any and alI actions, causes of act~on, obligations, losses, liabihties, damages, m~uries, cla~ms, and demands of any ktnd whatsoever that may result fram any cla,im, assertion, or xmposrt~on against Crty by any persan of any liability or claim therefor far any matter ar of any kind as ta wluch C~ty is to ha~e no lxability as provided in subsection (a) of ~us Section, as well as all costs and 36 expenses including, ~~ithout lunrtatian, attorneys' fees, relating thereto regardless of the ment or outcome thereof, (2) Any and all penal#ies, fines and prosecutions, sluts for abatement of any public or pnvate n~,usance and the impasition against City of any ltens, as well as any costs ar expenses {mcluding, withaut limitat~on, attarneys' fees) reiated to any such claims, penalties, fines, prasecutions, suits, and imposrtions, regardless of the ment or outcome thereof, which occur dunng or relate to the term of this Agreement, and which arise out of D~stnct's operation, business, or any other acts or omissions af Dismct with respect to any portion of the Property, or out of any use or occupancy of any portion of the Property by Distnct or any other person dunng the term of this Agreemen~, or out of any condition of any portion of the Property during the term of this Agreement, or out of any default by Distnct zn the performance or observance of any obhganon on D~stnct's part to be performed under this Agreemen~ ar out of any failure by District to comply wrth any legal requirements or applicable agzeements or covenants with respect to any use, occupancy or cond~tion on, of , or about any portion of the Property; pro~xded, howe~er, that Crty, rts City Council, boards and comrrussions, officers, agents, and employees shall not be entitled to indemrufication €or damage caused to such indemnified party by reason of such mdemn~fied party's own ach~~e neghgence or w-~llful act or willful ornission. C. Not~~ithstanding the abvve, this Section C of Parag~-aph 17 shall estabhsh the indemmficatfon provisions that shall govern the Municipal Pool Facility 1 Indemnification by Dlstrict District hereby agrees ta defend, mdemmfy, and hold harmless the City af Santa Mamca, its City Council, boards and comm~ssions, officers, agents, employees, and volunteers (collecti~ely referred to as "City") from and agaulst all clauns, damages, 37 losses, expenses, demands, hability, lawsurts , and~udgments, including but not limrted to attorneys' fees (collecti~ely referred to as "Claun" m section A and B), arising directly or u~dsrectly from or in any manner related ta Dismct's posses~ion, occupancy or use of the Mumcipal Pool Facilrty pursuant to this Agreement or arising from ar m any manner c~nnected to the Distnct's busmess, activities, operations, services ar work conducted in, or about the Municipal Paol Facilrty, except as other~vise expressly stated herem. Ha~-ever, District shall not be required to mdemnify the Crty where such Claim arises from the negligence or ~;~rongful miscanduct of the Clty The C~ty shall promptly natify the Dis~nct af any C1aFm and cooperate w-~th the Distr~ct in connection with the defense of such Claim 2 Tndemrufication by Crt_y. Crty hereby agrees to defend, indernntfy, and hold harmless the Dlstrict from and against any Claim ansing dlrectly or ind~rectly from or in any manner related to the City's constructzon, possession, occu~ancy or use of the Murucipal Pool Fac~lrty pursuant to th~s Agreement or arising from or in any manner connected to the City's business, activrties, operations, services or work conducted in, or abaut the Mun~cipal Poal Facility, excep~ as othervs~se expressly stated here~n. Hawever, City shall not be rec~uired to indemmfy the District where such Claim anses from the neghgence ar wrongful misconduct of the D~stnct or any of ~ts board of directors, cammxssions, agents, emplayees and volunteers The Dfstnct shall promptly notify the Crty of any C1a~rn and cooperate tizith the C~ty in connection ~v~th the defense af such Claun. D Sur~rval of Paragraph. Th~s Paragraph shall survive the expiration or earlier terminahon of this Agreement 18 E1~7TIRE AGREEMENT, CONFLICTS This Agreement represents the entire agreement of the parties T'his Agreernent ~ntegrates all of the tezms and conditions ment~oned 38 herein or mcidental hereto, and supersedes all negotiations or previous agreements between the part~es or thefr predecessars in interest vvrth respect to a11 or any part. of the sub}ect matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any ather pro~-~sion or provisions found in the Exzstmg Regulations, then the provisions of this Agreement shall prevail 19 NO ORAL MQDIFICATIQN 1~'o statement, action, or agreement hereafter made shali be effectrve to change, amend, waive, modify, d~scharge, termmate or effect an abandonment of this Agreement in whole or ~n part unless such statement, action, or agreement is in writmg ar~d s~gned by the party agauist ~~vhorn such change, amendnient, waiver, mod~fication, discharge, ternunation, or abanc~onment is sought Co be enfarced 24 TIME Time is of the essence for each pro~~sion of this Agreement of wh~ch time is an element 21 SEVERABILII'Y, INVALIDITY OF PARTICLILAR PKOVISIONS If any term or provisian of thas Agreement or the apphcation thereaf to any person or circumstances shall, ta any extent, be invahd or unenforceable, the remainder of this Agreement, or the applicat~on of such term or prav~sion to persons or circumstances other than those to «rhich it zs held in~alid or unenforceable, shall not be affected thereby, and each other term and prov~sion of this Agreerr~ent shall be ~°ahd and enforced to the fullest extent pern~tted by law 39 22 ATTORNEYS' FEES In case surt shall be brought because ofbreach ar alleged breach of any co~renant or condition herem contauied on the part of District ar City to be kept or performed, the prevailing party shall be entrtled to reasonable attomeys' fees ~n addrtion to court costs and any and all oth~r casts recoverable in sa.~d action Such attarneys' ~ees shall be deerned ta have accrued on the commencement of such action and shall be paid u~hether or not surh a,~tfon is prosecuted to 3udgXnent In any case where this Agreement provides that either part}r ls entrtled to recover rts attorneys' fees from the other, the reco~ering party shail he entrtled to recover an amount equal ta the fair market value of services provided by attorr~eys who are employed by the recovenng party as we~l as any attarneys' fees actually paid by the reco~ enng party to third parties. The fa~r market value of the legal sen~ces for public attomeys shall be deterrn~ned b~ utilizing the prevaiImg b~lhng rates of comparable pnvate attarneys 23, EXHIBITS. All exhzbits attached hereta and/ar referred to in this Agreement are mcorporated herem as though set forth in full 24 CONSTRUCTION The parties agree that each party and its counsel have reviewed ar~d revised this Agreement and that any rule of construchon to the effect that ambiguiries are to be resvlved aga~nst the dra.f~ng party shall not apply in the interpretation of this Agreement or any amendments ar exhib~ts thereta 25 BI?VD~NG EFFECT It is intended and determined that the pro~isions of this Agreement shall constrtute cavenants which shalI run wrth the land compnsuig the Property for the benefit thereof and that the 40 burdens and benefits thereof shall bind and enure to the benefit of all successors-m-uiterest to the parties hereto E~~ery party who now or hereafter owns or acquires any nght, htle, or interest in or to any portion of the Pro3ect is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said nght, title or interest, whether or not any reference to this Agreement is contained in the lnstrument by which such person acquired an interest in the Pro~ect 26 NO PARTNERSHIP OR JOINT VENTURE. Nothing m tlus Agreement shall be deemed to create a partnership ar ~omt venture behi~ een the City and the District This Agreement shall not render either party hable ~n any rnanner far the debts or obligat~ons of the other except as expressly provided here~n 27 ti70 WAIVER No ~vaiver of any pzo~ision afthzs Agreement shall be effect~ve unless m writmg and signed by a duly authonzed representah~ e of the party agaznst whom enfarcement of a waiver is sought and refemng expressly to thas Section 27 No delay or omission by either party in exercismg any right or power aecruing upon non-comphance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such nght ar pawEr or be construed to be a wai~~er thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be perfarmed by the other party shall he canstrued or deemed a wai~er of any succeed~ng breach or nonperformance af the same or ather covenants and condit~ons hereof of this Agreement 41 28. AGREEMENT NOT FQR BENEFIT OF THIRD PARTIES This Agreement is made and entered mto for the sole protect~an and benefit of the City and the Distr~ct and their respecti~e successors and assigns No other person shall ha~ e any nght of action based upon any provlsions of this Agreement. 29 GOVERNP~]~G LA'L~V. This Agreement shall be governed exclus~vely by the pro~isions hereof and by the iav~Ts of the State of Califamia. 30 VENUE Any legal action or proceedmg arising out of this Agreement sha.ll be instituted in the Supenar Court of the County of Los Angeles, State of Cahforrua, m any other apprapnate court in that County, ar in the Federal District Court in the Central D~stnct of Cahfomia 31 QTHER GOVERNMENTAL APPROVALS. The Distnct may apply for such ather pernuts and approvals as may be requared for development of the Pro~ect m accordance wrth this Agreement from other governmental ar quasi- governrnental agencies havmg~unsdichon o~er the Property. The City shall not impede the Distr~ct in its endeavors to obtain such pemuts and approvais 32 COUNTERPARTS This Agreernent rnay be executed in several counterparts, each of which shall be deemed an onganal, and such counterparts shall constrtute but vne and the sarne lnstrument 42 33. RECORDING OF AGREEMENT The parties hereta shall cause thxs Agreement to be recorded m the Official Records af the Caunty af Los Angeles The cost, if any, of recarding thts Agree~nent shall be borne by Distnct IN WITNESS WHEREOF, the parties hereto have duly executed tlus Agreement as of the day and year first above wntten ATTEST MARIA STEWART City Clerk APPRQVED AS TO FORM MARSHA JONES MOUTRIE City Attorney CITY OF SANTA MOIVICA, a municipal corporat~on By SUSAN E McCARTHY City Manager S~4NT'A iViOIVICA COMMUIVITY COLLEGE DISTRICT BOARD OF TRUSTEES OF SANTA MONICA COMMUNITY COLLEGE DISTR.ICT By 43 TH~MAS J DONNER Vice President of Business and Administration Adopted and appro~ed this 24th day of October, 2a0~ ~ ~~ Paul Rosenste~n, Presiding OfF+cer Sta#e o# Cali#ornia } County of Los Angeles ) ss City of San#a Monica ) E, {Il~ar~a M Stewart, C~#y Clerk af the City of Santa Monica, do hereby certify that the faregoing Qrdinance No. '~990 (CCS} had it's introduction on Q~tober 3, 2DU0, and was adopted at the Santa Monica City Council meetang held on October 24, 200Q, by the fo~~owrng ~ote. Ayes: Cauncil members: Holbroalc, McKeov~m, Femste~n, Bloom, Presiding Officer Rosenstem Nves. Council mem6ers: None AbsEain Gounc~l mem~ers None Absen#: Co~ncil members. Mayor Pro Tem ~'Connor, Mayor Ger~ser ATTEST- ~ ~_ ~~ ~~ il~ Maria M Stewart, Gity ~lerk