M-9/14/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 14, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50
p.rn., on Tuesday, September 14,2004, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Pam O'Connor
Also Present: Assistant City Manager Gordon Anderson
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with all
members present. Fire Chief Jim Hone led the assemblage in the Pledge of
Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fulhher, Chuck Allord expressed concerns
related to various Consent Calendar items. Mark Olsen spoke in favor of
Item I-C.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented,
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
I
MINUTES
UNDERAGE
DRINKING LAWS
PARK LIGHTING
PROJECT
PRC-ANNUAL
BUDGET
SEWER PROJECT
SENIOR SERVICES
TRAFFIC
MANAGEMENT
I-A: The Minutes of June 22 and July 13,2004, City Council meetings
were approved as submitted.
I-B: The California Enforcement of Underage Drinking Laws-
Community Trials Enforcement Project in Santa Monica -
recommendation to adopt Resolution No. 9972 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING A
$99,492 GRANT AWARD FROM THE CALIFORNIA DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL TO FUND THE CITY OF
SANTA MONICA'S P ARTICIP ATION IN THE CALIFORNIA
ENFORCEMENT OF UNDERAGE DRINKING LAWS-COMMUNITY
TRIALS ENFORCEMENT PROJECT," and authorizing the City Manager
to execute the related grant Agreement No. 8387 (CCS); and approval of
appropriations and related budget changes was approved.
l-C: Fiscal Year 2004 Street and Park Lighting Project-
recommendation to authorize the City Manager to negotiate and execute
construction Contract No. 8382 (CCS) with Steiny and Company, Inc., in
the amount of$I,424,152, for construction of the project, was approved.
I-D: The Santa Monica Pier Restoration Corporation Annual Budget
and corresponding plan of work for Fiscal Year 2004-05, was approved
as submitted.
l-E: Ocean Avenue and Main Street Sewer Project - recommendation
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 8157 (CCS) with BRH Garver-West Inc., in the amount of
$100,000, for the Ocean Avenue and Main Street Sewer Rehabilitation and
Main Street Roadway Restoration Project, was approved.
I-F: Senior Nutrition and Recreation Program - recommendation to
adopt Resolution No. 9973 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF A
PROPOSAL AND THE SIGNING OF CONTRACTS TO COUNTY OF
LOS ANGELES DEPARTMENT OF COMMUNITY AND SENIOR
SERVICES FOR GRANT FUNDS," and to authorize the City Manager to
negotiate and execute Contract No. 8383 (CCS) with the County for
provision of services to the elderly through the City's Senior Nutrition and
Recreation Program, was approved.
I-G: Rescission of purchase and approval of new purchase of
advanced traffic management system for the downtown area -
recommendation to rescind the previous Contract No. 8273 (CCS) to
2
HOMELAND SECURITY
PERS
STATE PROPOSITION
I-A
SURFING CLASSES
CLOSED SESSIONS:
INSPIRATION:
purchase advanced traffic management system from Econolite Control
Products, and to authorize the City Manager to negotiate and execute
Contract No. 8384 (CCS) with Siemens Energy and Automation, Inc., in thl
amount of $211,807, for the purchase of the i2 TMS system for the
intersections located in the downtown area, was approved.
I-H: Fiscal Year 2004 Homeland Security Grants for domestic
preparedness - recommendation to authorize the City Manager to accept
and execute Grant Agreement No. 8385 (CCS) for the FY 2004 Homeland
Security Grants awarded by County of Los Angeles Office for Domestic
Preparedness and approve proposed appropriations and budget changes,
was approved.
I-I: Resolution No. 9974 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA FOR PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE
CALlFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM," was
adopted.
I-J: Recommendation to support of State November 2004 Ballot
Initiative Proposition I-A, the statewide measure that will circums~ribe
the ability of the State to further borrow local government revenues,
was approved.
l-K: Recommendation to affirm Agreement No. 8386 (CCS) with
Surf Academy, a limited license corporation, for a total of $175,000 for
instruction of surf classes and camps, was approved.
On order of the Mayor, the City Council recessed to hear closed sessions at
6: 12 p.m., and reconvened to the regular meeting at 7: 10 p.m., with all
members present. Action taken on closed sessions was reported at the end
of the Council meeting.
Commendation to the Santa Monica All-Stars Little League
Mayor Bloom issued a commendation to the Santa Monica All-Stars Little
League members, the coaches and all parents.
CHANGE IN ORDER OF At the request ofthe Mayor, discussion was held to possibly continue the
AGENDA two 13-Items related to hedges due to the expected length of tonight's
(HEDGES ITEMS) meeting.
3
ORDINANCES:
PERMIT PROCESS
13-D: Request of Mayor Bloom and Councilmember Genser that staff
provide an update on the hedge ordinance revisions and that the City
Council direct staff to incorporate the proposed ideas and principles
into the draft revised ordinance for public comment.
13-C: Request of Councilmember Feinstein to direct staff to prepare
an interim ordinance for return on October 12th regarding hedge
heights for front, back and side yards; to take into account the
potential differences in single family and multi-family neighborhoods
as well as the transitions between them; to develop a process to
'grandparent' existing front yard hedges up to a certain height; and to
include an array of options on these issues reflecting the diversity of
opinion expressed by the community at the June 8th public hearing, as
well as any other options recommended by staff.
Motion by Councilmember Katz. seconded by Mayor Bloom, to continue
Item 13-C and Item 13-D to the meeting of October 12,2004, as S-Items.
The motion was approved by voice vote, with Councilmembers Feinstein
and O'Connor voting in opposition.
Counci1member Feinstein stated for the record that he voted in opposition
because the City inadvertently and unintentionally created a climate of
confusion and mistrust with the way it mishandled its enforcement items
earlier and the public would be better served by re-instituting the public
process at this point and trying to seek resolution to these issues now, rather
than delaying them further.
7-A: Second reading and adoption of Ordinance No. 2139 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO CONFORM
THE CITY'S HEARING AND PROCESSING REQUIREMENTS FOR
DISCRETIONARY LAND USE PERMITS WITH THE CALIFORNIA
PERMIT STREAMLINING ACT AND TO MODIFY OR CLARIFY THE
TIME FOR ISSUING TEMPORARY USE PERMITS AND
ADMINISTRATIVE APPROVALS AND ADDING CHAPTER 9.64 TO
THE MUNICIPAL COD TO ESTABLISH A PROCEDURE FOR
APPEALING CERTAIN ENVIRONMENTAL DETERMINATIONS TO
THE CITY COUNCIL," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
F einstein, to adopt the ordinance, reading by title only and waiving further
4
~-:1
PERS AMENDMENT
LANTANA PROJECTS
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-B: Resolution No. 9975 (CCS) entitled: "A RESOLUTION OF
INTENTION OF THE CITY OF SANTA MONICA TO AMEND
CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA," and
public hearing and introduction and first reading of an ordinance
authorizing an amendment to said contract to provide miscellaneous
employees with Pre-Retirement Optional Settlement 2 Death Benefit
and Fourth Level of 1959 Survivor Benefits to miscellaneous
employees, were presented.
There was no one present for public comment.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
adopt the resolution, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, to introduce the ordinance for first reading, reading by title only
and waiving further reading thereof The motion was approved by the
following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-C: Development Agreements for two new three-story entertainment
studio buildings with subterranean parking located at 3030 Olympic
Boulevard (Lantana East) and 3131 Exposition Boulevard (Lantana
South) - recommendation to adopt Resolution No. 9976 entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE
5
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT";
make CEQA findings necessary to approve projects; adopt Resolution No.
9977 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA APPROVING STATEMENT OF OVERRIDING
CONSIDERATIONS AND ADOPTING MITIGATION MONITORING
PROGRAM"; introduce and hold first reading of an ordinance approving the
Development Agreement between the City and Lantana North Hines
Development; introduce and hold first reading of an ordinance approving the
Development Agreement between the City and Lantana South Hines
Development; and adopt Resolution No. 9978 (CCS) entitled: "A
RESOLUTION AUTHORIZING THE TRANSFER OF ACCESS RIGHTS
ACROSS TWO STREET RIGHT-OF-WAY PARCELS ALONG
OLYMPIC BOULEVARD." The City Council will be considering
neighborhood traffic protection plan improvements. Amendment of the
General Plan Circulation Element would be necessary if the City council
approves dead-end streets in the residential neighborhood adjacent to
Lantana South to discourage cut-through traffic, was presented.
Members of the public Alex Mebone, John Reynolds, Zina Josephs, Richard
Moore, Marlene Suzuki, Randy Walburger, Michael Tarbot and Connie
Stewart expressed various concerns regarding the projects, including the
potential increase in traffic.
Members of the public Christina Cassidy, Steve Carmona, Irene Zivi, Linda
Gordon, Donna Stenberg, David Kersh, Jan Williamson, Ernesto Leon, Irma
Carranza, Linda Sullivan, Ken Ward, and Mike Russell spoke in support of
the proposed projects.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
adopt Resolution No. 9976 (CCS), reading by title only and waiving further
reading thereof The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Councilmember Katz, that
the benefit package is to include $400,000 for child care; the traffic mitiga-
tion plan will be subject to a one-year review and possible modification; that
applicant will conduct a study after one year on city standards projected,
objectives, traffic volumes, etc; that study will be circulated to the commu-
nity and a community meeting is to be held; thereafter, the matter will be
6
=
agendized for City Council review, and depending on Council's action, the
developer will fund environmental and soft costs of the modification plan,
and the hard costs of the modification plan are not to exceed 25% of the
original hard construction costs of mitigation (subject to a minimum
payment of $50,000) or $200,000, whichever is greater, and that the amoun
would increase 3% per year to cover inflation costs. In addition, if any
parking spaces are lost in Exposition Boulevard or adjacent streets, the
Developer will provide parking spaces by a modification of the parking
layout or compensate for the loss and allow for night-time parking for
residents on surface lots on the Lantana property. That, as part of the first
source hiring program, Developer shall consult and cooperate with trade
unions with apprenticeship programs to facilitate the hiring and/or training
of apprentices from the local neighborhoods. That if only the East project is
developed, it will trigger the capital costs for the Edison School Playground
Partnership with the provision that the $35,000 of recreation and park fees
can be applied to that capital cost; if the South project is built by itself, it
will trigger both the capital and operating costs of the Play-ground Partner-
ship; and ifboth are developed, it will also trigger both costs. Finally it was
clarified that there are an additional $100,000 for the arts, not $50,000.
Motion to amend bv Councilmember Holbrook seconded by
Councilmember Katz, that the Edison School playground partnership benefit
component be linked to the final South development, not to the first East
development. The motion failed by the following vote:
ABSENT:
Councilmembers Katz, Holbrook
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tem McKeown, Mayor Bloom
None
AYES:
NOES:
The main motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Mayor Bloom, to make
CEQA findings and adopt the resolution approving the Statement of
Overriding Considerations and adopting Mitigation Monitoring Program,
amended to reflect the changes approved by the first motion related to the
7
benefits package. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
None
None
Motion by Mayor Pro Tem McKeown. seconded by Councilmember Katz,
to introduce the ordinance approving the Development Agreement between
the City and Lantana East Hines Development, amended as per the first
motion approved related to the benefits package.
Motion to amend by Councilmember Genser, to provide for Architectural
Review Board review of surface materials, lighting, landscaping, and
signage. The amendment was not friendly. The motion died for lack of a
second.
Motion to amend by Councilmember Genser, to provide for Architectural
Review Board review oflighting, landscaping and signage. The motion was
accepted as friendly by the maker and seconder.
The main motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
None
None
Motion by Councilmember Katz. seconded bv Councilmember Genser, to
introduce the ordinance approving the Development Agreement between the
City and Lantana South Hines Development, amended as per the first
motion approved related to the benefits package, and providing for
Architectural Review Board review of surface materials, lighting,
landscaping, and signage. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
None
None
;...::...:;.J
8
LffiRARY BONDS
RESTAURANT CAPS -
PROMENADE USES
Motion by Councilmember O'Connor. seconded by Councilmember Katz, t<
adopt the resolution authorizing the transfer of additional access rights from
Olympic Boulevard, reading by title only and waiving further reading
thereof, and with the clarification that Exhibit A (driveway access
agreement) in the development agreement will be appended to this
resolution as Exhibit A. The motion was approved by the following vote.
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-D: Introduction and adoption of Ordinance No. 2138 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SETTING FY 2004-05 TAX RATE FOR THE LIBRARY GENERAL
OBLIGATION BONDS," was presented.
Member of the public Tom Carter expressed various concerns relevant to
this matter.
Motion by Mayor Bloom. seconded by Councilmember O'Connor, to adopt
ordinance, reading by title only and waiving further reading thereof The
motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-E: Introduction and first reading of an ordinance amending
Chapter 9 of the Municipal Code to eliminate the numerical cap on
restaurants in the Bayside District and on the Promenade and expand
the types of establishments that can conduct alcohol sales in the
Bayside District subject to Conditional Use Permit, to allow new
restaurants with alcohol service in specified Bayside Districts to be
administratively approved rather than requiring a CUP, to limit tbe
Promenade Frontage of any new or expanding retail use to fifty linear
feet unless a use permit is obtained, and expanding the vending cart
program subject to a license agreement; and resolution amending the
Bayside District Specific Plan to eliminate the numerical cap on
restaurants, allowing expanded outdoor dining areas on the
Promenade, and adding signage standard to allow for signage for
9
REMODELS
Councilmembers Katz and
Feinstein were excused at
12:20 a.m.
upper-level restaurants.
There was no one present for public comment
Motion by Councilmember GenseL seconded by Mayor Bloom, that given
the lateness of the hour, Council only hear and act as to the portion relative
to the frontage limit that is going to expire. The motion was unanimously
approved by voice vote, with all members present.
Motion by Mayor Pro T em McKeown. seconded by Councilmember
F einstein, to introduce and hold first reading only of the part of the
ordinance that will restrict frontages on the Promenade to 50 feet and allows
for an exception process.
Deputy City Attorney Barry Rosenbaum clarified for the record that
Sections 1, 2, 6, 7, and 8 would be deleted from the proposed ordinance,
and Sections 3,4, 5,9, 10, and 11 would remain and would be renumbered.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tem McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
On order of the Mayor, the remainder of the ordinance was continued to
October 12, 2004, for Council consideration.
7-F: Introduction and first reading of an interim ordinance
extending the provisions of Ordinance 2136 (CCS) modifying the
threshold at which a structure is determined to be substantially
remodeled and thereby subject to all current applicable zoning code
regulations, establishing exceptions to the substantial remodel
requirements, and authorizing Zoning Administrator adjustments in
specified circumstances, was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
O'Connor, to introduce the ordinance, reading by title only and waiving
10
STAFF ITEMS:
1550 PCH
Council member Feinstein
returned at 12:29 a.m.
further thereof The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Feinstein, Katz
NOES:
ABSENT:
8-A: Proposed theatrical use of 1550 Pacific Coast Highway and
Supplemental Report - recommendation to adopt a policy allowing
licensing of part of the parking lot at 1550 Pacific Coast Highway for
theatrical use during the late fall and winter months, and authorize the City
manager to negotiate and execute a license agreement with Cavalia LLC, fOl
the time period and use specified, was presented.
There was no one present for public comment.
Motion by Councilmember Holbrook. seconded by , to adopt policy and
guidelines, and delegate authority to staff to move forward with licensing a
portion of the lot during the off-season for theatrical and entertainment uses
pursuant to the policy adopted, and report to Council within one year. The
motion was approved by the following vote:
AYES:
Councilmembers 0' Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
DOWNTOWN GARAGE SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY
AND THE PARKING AUTHORITY:
On order of the Mayor, the City Council recessed the regular meeting to a
joint meeting with the Redevelopment Agency and the Parking Authority at
12:30 a.m., with Councilmember Katz absent.
8-B: Downtown Parking Garage Acquisition and Retrofit Project,
and related Promissory Note Amendment - recommendation that City
Council adopt Resolution No. 9979 (CCS), the Parking Authority adopt
Resolution No. 488 (RAS), and the Redevelopment Agency adopt
Resolution No. 242 (PAS) entitled: "A RESOLUTION AUTHORIZING
AN AMENDMENT TO THE AMENDED AND RESTATED SALE AND
PERFORMANCE AGREEMENT AND MODIFICATION TO THE
PROMISSORY NOTE," was presented.
11
ADJOURNMENT OF
JOINT MEETING
SPECIAL JOINT
MEETING:
CIVIC CENTER
PARKING STRUCTURE
There was no one present for public comment
Motion bv Mayor Pro Tern McKeown. seconded by Councilmember
Holbrook, to adopt Resolution No. 9979 (CCS) entitled: "RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY
OF AN AMENDMENT NO.1 TO AMENDED AND RESTATED SALE
AND PERFORMANCE AGREEMENT AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES
AND RELATED ACTIONS," reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the Special Joint Meeting was adjourned at 12:33
a.m., and the City Council reconvened to a joint meeting with the Parking
Authority and the Public Financing Authority.
SPECIAL JOINT MEETING OF THE CITY COUNCIL. PARKING
AUTHORITY. AND PUBLIC FINANCING AUTHORITY:
8-C: Construction amendment for Civic Center Parking Structure -
recommendation that City Council authorize the City Manager to negotiate
and execute an amendment to design-build Contract No. 8024 (CCS) with
ARB, Inc., establishing a guaranteed maximum price of$27,343,628; City
Council hold a public hearing~ adopt Resolution No. 9980 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE EXECUTION AND DELIVERY OF A GROUND LEASE, A
LEASE AGREEMENT, AN INDENTURE AND A CO~TINUING
DISCLOSURE CERTIFICATE IN CONNECTION WIlli THE
ISSUANCE OF THE PUBLIC FINANCING AUTHORITY LEASE
REVENUE BONDS, APPROVING ISSUANCE OF $52,000,000 IN
BONDS, APPROVING NOTICE OF INTENTION TO SELL,
AUTHORIZING DISTRIBUTION OF OFFICIAL NOTICE INVITING
BIDS AND OFFICIAL STATEMENT IN CONNECTION WITH THE
OFFERING AND SALE OF SUCH BONDS, APPROVING A
PROMISSORY NOTE ASSIGNMENT, AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES
AND RELATED ACTIONS"; and approve the expenditure appropriations
and budget changes proposed. Recommendation that the Public Financing
12
"'::21
ADJOURNMENT OF
JOINT MEETING
PIER - DESIGNATED
SMOKING AREAS
Authority adopt Resolution No.4 (PF A) authorizing execution and delivery
of documents for the issuance of the Public Financing Authority Lease
Revenue Bonds. Recommendation that the Parking Authority adopt
Resolution 243 (PAS) for the assignment of promissory note payments frorr
the Parking Authority to the City, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to authorize the City Manager to execute an amendment to with
ARB, Inc., The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to adopt Resolution No. 9980 (CCS), reading by title only and
waiving further reading thereof The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tem McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to approve the recommended expenditure appropriations and
budget changes. The motion was approved by the following vote.
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the joint meeting was adjourned at 12:40 a.m., and
the City Council meeting reconvened with Councilmember Katz absent.
8-D: Adoption of Resolution No. 9981 (CCS), entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA DESIGNATING
SMOKING AREAS ON THE SANTA MONICA PIER," was presented.
13
WRITTEN
COMMUNICATIONS:
EMPLOYEE
PREFERENTIAL
PARKING
COUNCIL ITEMS:
APPOINTMENTS
Motion by Mayor Pro Tem McKeown. seconded by Councilmember Genser.
to adopt the resolution amended to exclude Area #3 and Area #9. The
motion failed by the following vote:
AYES:
Councilmembers Genser, Mayor Pro Tern McKeown, Mayor
Bloom
Councilmembers O'Connor, Holbrook, Feinstein
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to reconsider the matter or direct staff to start enforcement of the ordinance.
Substitute motion by Councilmember Holbrook. seconded by
Councilmember O'Connor, to adopt staff recommendation, except for
designated area number three (3). The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Mayor Pro Tern
McKeown, Mayor Bloom
Councilmember Genser
Councilmember Feinstein
Councilmember Katz
NOES:
ABSTAIN:
ABSENT:
12-A: Request of John and Gwen Lindahl to address Council
requesting that business owners be allowed to obtain preferential
parking for use by employees during business hours, at least between
9:00 a.m., and 6:00 p.m., during the week, was presented.
Motion by Councilmember Feinstein. seconded by Mayor Bloom, to direct
staff to analyze the request and return with options. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
13-A: Annual and special vacancy appointments to the following
boards and commissions:
AIRPORT COMMISSION On order of the Mayor, the floor was opened for nominations for the
Airport Commission.
Councilmember Genser nominated Susan Hartley. There being no other
nominations, Ms. Hartley was appointed for a term ending June 30, 2008,
with Councilmember Katz absent and Councilmember Feinstein abstaining.
14
~
BLDG. & SAFETY
COMMISSION FOR
SENIOR COMMUNITY
COMMISSION ON THE
STATUS OF WOMEN
PERSONNEL BOARD
PIER RESTORATION
CORPORATION
DISABILITIES
COMMISSION
STATE PERFORMANCE
REVIEW REPORT
TRAVEL FUNDS
One vacancy for a term ending June 30,2008. On order of the Mayor,. this
matter was continued to September 28, 2004.
One vacancy for a term ending June 30, 2007. On order of the Mayor, this
matter was continued to September 28, 2004.
One vacancy for a term ending June 30,2008. On order of the Mayor, this
matter was continued to September 28,2004.
On order of the Mayor, the floor was opened for nominations.
Mayor Bloom nominated Donald Burris. There being no other nominations,
Mr. Burris was nominated for a term ending June 30,2008, by acclamation.
One vacancy for a term ending November 8, 2005. On order of the Mayor,
this matter was continued to September 28, 2004.
13-B: Appointment to one special vacancy on the Disabilities
Commission for a term ending June 30, 2006.
On order of the Mayor, this matter was continued to September 28,2004
13-E: Request of Councilmember Feinstein to direct to review the
California Performance Review report recommendations including a
focus on a proposal to eliminate the State Commission on the Status of
Women, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Katz absent.
13-F: Request of Councilmember O'Connor for Council to authorize
use of travel funds for travel to accept invitation to speak and represent
City of Santa Monica at the International Solar Cities Conference in
Dageau, South Korea, November 14 -18,2004, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
Feinstein, to approve request. The motion was unanimously approved by
voice vote, with Councilmember Katz absent.
15
CLOSED SESSIONS
Councilmember Feinstein
was excused at 1: 10 a.m.
2-A: Conference with Labor Negotiator.
Labor Negotiator: Karen Bancroft, Director of Human
Resources
Bargaining Units: STA
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Eddie
Johnson v. City of Santa Monica, Case No. SC 080 263.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: Randall
Martinez v. City of Santa Monica, Case No. SC 064 466.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Yu Ming Lu, Case No. SC 055 342.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: Abraham
Supino v. City of Santa Monica, Case No. SC 080 283 and related
cases.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica v. Baron & Budd. PC. et al.. Case No. BC 315186.
ACTION:
Not heard.
2-G: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. Case No. 01CC4331.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to approve settlement No. 8381 (CCS) of $450,000, to be paid by car wash
16
PUBLIC INPUT:
ADJOURNMENT:
operators. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Mayor Pro
Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
2-H: Conference with Legal Counsel- Existing Litigation: William
Ewing. et at v. City of Santa Monica. et at, Case No. YC046458.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Four.
ACTION:
cases not heard.
Heard two cases; no reportable action taken. Two
Member of the public Brian Hutchings expressed several concerns.
On order of the Mayor, the City Council meeting was adjourned at 1: 15
a..m. to September 28,2004, in memory of Duane Nightingale; former
Santa Monica City Councilmember and City Manager Perry Scott; David
Schnaid, a long-time active community member; and Lillian Storik, an
original Rent Board member.
ATTEST:
~~~
Maria M. Stewart
City Clerk
.Ai7~
(L~ Bloom
Mayor
17