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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