CITY OF SANTA MONICA

 

REGULAR CITY COUNCIL MEETING; SPECIAL JOINT MEETING OF

 

THE CITY COUNCIL, THE PARKING AUTHORITY, AND THE PUBLIC FINANCE

 

AUTHORITY; AND SPECIAL JOINT MEETING OF THE CITY COUNCIL, THE

 

PARKING AUTHORITY, AND THE REDEVELOPMENT AGENCY

 

CITY HALL COUNCIL CHAMBERS - 1685 MAIN STREET

 

TUESDAY, SEPTEMBER 14, 2004

 

 

MEETING BEGINS AT 5:45 P.M.

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

 

1.  CONSENT CALENDAR:  (All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

 

1-A:     Approval of minutes of June 22 and July 13, 2004, City Council meetings.

 

            MINUTES

 

1-B:     The California Enforcement of Underage Drinking Laws-Community Trials Enforcement Project in Santa Monica – recommendation to adopt resolution accepting a $99,492 grant award from the California Department of Alcoholic Beverage Control to fund the City of Santa Monica’s participation in the California Enforcement of Underage Drinking Laws-Community Trials Enforcement Project and authorizing the City Manager to execute the related grant agreement; and approval of appropriations and related budget changes.

 

            STAFF REPORT

 

1-C:     Fiscal Year 2004 Street and Park Lighting Project – recommendation to authorize the City Manager to negotiate and execute a construction contract with Steiny and Company, Inc., in the amount of $1,424,152, for construction of the project.

 

            STAFF REPORT

 

1-D:     Approval of Santa Monica Pier Restoration Corporation Annual Budget and corresponding plan of work for Fiscal Year 2004-05.

 

            STAFF REPORT

 

1-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.

 

            STAFF REPORT

 

1-F:     Senior Nutrition and Recreation Program – recommendation to adopt resolution 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 authorize the City Manager to negotiate and execute contracts with the County for provision of services to the elderly through the City’s Senior Nutrition and Recreation Program.

 

            STAFF REPORT

 

1-G:     Rescission of purchase and approval of new purchase of advanced traffic management system for the downtown area – recommendation to rescind the previous authorization to purchase advanced traffic management system from Econolite Control Products, and to authorize the City Manager to negotiate and execute a contract with Siemens Energy and Automation, Inc., in the amount of $211,807, for the purchase of the i2 TMS system for the intersections located in the downtown area.

 

            STAFF REPORT

 

1-H:     Fiscal Year 2004 Homeland Security Grants for domestic preparedness – recommendation to authorize the City Manager to accept and execute a grant agreement for the FY 2004 Homeland Security Grants awarded by County of Los Angeles Office for Domestic Preparedness and approve proposed appropriations and budget changes.

 

            STAFF REPORT

 

1-I:       Adoption of resolution for Paying and Reporting the Value of Employer Paid Member Contributions to the California Public Employees' Retirement System.

 

            STAFF REPORT

 

1-J:      Recommendation to support of State November 2004 Ballot Initiative Proposition 1-A, the statewide measure that will circumscribe the ability of the State to further borrow local government revenues.

 

            STAFF REPORT

 

1-K:     Recommendation to affirm agreement with Surf Academy, a limited license corporation, for a total of $175,000 for instruction of surf classes and camps.

 

            STAFF REPORT

 

2.   CLOSED SESSIONS:

 

2-A:    Conference with Labor Negotiator.

Labor Negotiator: Karen Bancroft, Director of Human Resources

Bargaining Units: STA 

 

2-B:     Conference with Legal Counsel – Existing Litigation:  Eddie Johnson v. City of Santa Monica, Case No. SC 080 263.

 

2-C:     Conference with Legal Counsel – Existing Litigation:  Randall Martinez v. City of Santa Monica, Case No. SC 064 466.

 

2-D:     Conference with Legal Counsel – Existing Litigation:  City of Santa Monica v. Yu Ming Lu, Case No. SC 055 342.

 

2-E:     Conference with Legal Counsel – Existing Litigation:  Abraham Supino v. City of Santa Monica, Case No. SC 080 283 and related cases.

 

2-F:     Conference with Legal Counsel – Existing Litigation:  City of Santa Monica v. Baron & Budd, PC, et al., Case No. BC 315 186.

 

2-G:     Conference with Legal Counsel – Existing Litigation:  City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

 

2-H:     Conference with Legal Counsel – Existing Litigation:  William Ewing, et al. v. City of Santa Monica, et al., Case No.  YC046458.

 

2-I:       Conference with Legal Counsel – Anticipated Litigation.

Number of cases:  Four.

 

6:45 P.M.  RETURN TO AGENDA ACTION ITEMS:

 

INSPIRATION:  Commendation to the Santa Monica All-Stars Little League

 

7.  ORDINANCES:  (No public discussion is permitted on ordinances for second reading and adoption.)

 

7-A:     Second reading and adoption of an ordinance 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 Code to establish a procedure for appealing certain environmental determinations to the City Council.  (Introduced August 10, 2004.)

 

            STAFF REPORT

 

7-B:     Resolution of Intention 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.

 

            STAFF REPORT

 

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 certifying the Final Supplemental Environmental Impact Report; make CEQA findings necessary to approve projects; adopt resolution approving Statement of Overriding Considerations; adopt 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 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.

 

            STAFF REPORT

 

7-D:     Introduction and adoption of an ordinance Setting FY 2004-05 Tax Rate for the Library General Obligation Bonds.

 

            STAFF REPORT

 

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 the 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 upper-level restaurants.  (Continued from July 13, 2004.)

 

            STAFF REPORT

 

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.

 

            STAFF REPORT

 

8. STAFF ADMINISTRATIVE ITEMS:

 

8-A:     Proposed theatrical use of 1550 Pacific Coast Highway and Supplemental Report - recommendation that the City Council 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, for the time period and use specified.  (License agreement may be continued to September 28, 2004)

 

            STAFF REPORT                 SUPPLEMENTAL REPORT

 

SPECIAL JOINT MEETING OF THE CITY COUNCIL, THE REDEVELOPMENT AGENCY

AND THE PARKING AUTHORITY:

 

ROLL CALL OF REDEVELOPMENT AGENCY AND PARKING AUTHORITY

 

8-B:     Downtown Parking Garage Acquisition and Retrofit Project, and related Promissory Note Amendment – recommendation that City Council, the Parking Authority, and the Redevelopment Agency each adopt a resolution authorizing an amendment to the Amended and Restated Sale and Performance Agreement and modification to the Promissory Note.

 

            STAFF REPORT

 

ADJOURNMENT OF SPECIAL JOINT MEETING.

 

SPECIAL JOINT MEETING OF THE CITY COUNCIL, PARKING AUTHORITY, AND PUBLIC FINANCING AUTHORITY:

 

ROLL CALL OF 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 with ARB, Inc., establishing a guaranteed maximum price of $27,343,628; City Council hold a public hearing; adopt resolution authorizing execution and delivery of documents for the issuance of the Public Financing Authority Lease Revenue Bonds and resolution assigning promissory note payments from the Parking Authority to the City; and approve the expenditure appropriations and budget changes proposed.  Recommendation that the Public Financing Authority adopt a resolution authorizing execution and delivery of documents for the issuance of the Public Financing Authority Lease Revenue Bonds.  Recommendation that the Parking Authority adopt a resolution for the assignment of promissory note payments from the Parking Authority to the City.

 

            STAFF REPORT

 

ADJOURNMENT OF SPECIAL JOINT MEETING.

 

8-D:     Adoption of resolution designating smoking areas on the Santa Monica Pier.

(Continued from July 13, 2004.)      (May be continued to October 12, 2004.)

 

            STAFF REPORT

 

12.  WRITTEN COMMUNICATIONS:

 

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.  (Continued from July 17, 2004.)

 

13.  COUNCILMEMBER DISCUSSION ITEMS:

 

13-A:   Annual and special vacancy appointments to the following boards and commissions:

(Continued from August 3, 2004.)

 

Airport Commission

1

Term ending 06/30/08

Building and Safety Commission

1

Term ending 06/30/08

Commission for the Senior Community

            Special

 

1

 

Term ending 06/30/07

Commission on the Status of Women

1

Term ending 06/30/08

Personnel Board

           2003 Annual

            Special

 

1

1

 

Term ending 06/30/08

Term ending 06/30/06

Pier Restoration Corporation

            Special

 

1

 

Term ending 11/08/05

 

13-B:   Appointment to one special vacancy on the Disabilities Commission for a term ending

June 30, 2006. 

 

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 sideyards; 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.


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.

 

            REQUEST

 

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.

 

13-F:   Requesting Council authorization to use 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.

 

 

14.  PUBLIC INPUT:  (Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City.  Please note that State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

 

ADJOURNMENT.

 

City Hall and the Council Chamber is wheelchair accessible.  If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.  This agenda is available in alternate format upon request by calling the City Clerk’s Office.