(NOT APPROVED)
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.m., on
Tuesday, September 14, 2004, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor
Pro Tem 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
CONVENE/PLEDGE
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
Fullmer, Chuck Allord expressed concerns related to various Consent Calendar
items. Mark Olsen spoke in favor of Item
1-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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
MINUTES
1-A: The Minutes of June 22 and July 13, 2004, City Council
meetings were approved as submitted.
UNDERAGE DRINKING LAWS
1-B: The California Enforcement of Underage Drinking
Laws-Community Trials Enforcement Project in Santa Monica B recommendation
to adopt Resolution No. 9972 (CCS) entitled: AA 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 PARTICIPATION 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.
PARK LIGHTING PROJECT
1-C: Fiscal Year 2004 Street and Park Lighting Project B recommendation
to authorize the City Manager to negotiate and execute construction Contract No. 8382 (CCS) with
Steiny and Company, Inc., in the amount of $1,424,152, for construction of the
project, was approved.
PRC - ANNUAL BUDGET
1-D: The Santa Monica Pier Restoration
Corporation Annual Budget and corresponding plan of work for Fiscal Year
2004-05, was approved as submitted.
SEWER PROJECT
1-E: Ocean Avenue and Main Street Sewer Project B 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.
SENIOR SERVICES
1-F: Senior Nutrition and Recreation Program B recommendation
to adopt Resolution No. 9973 (CCS) entitled: AA 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.
TRAFFIC MANAGEMENT
1-G: Rescission of purchase and approval of new purchase of
advanced traffic management system for the downtown area B recommendation
to rescind the previous Contract No. 8273 (CCS) to 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 the amount of $211,807, for the purchase of the i2 TMS
system for the intersections located in the downtown area, was approved.
HOMELAND SECURITY
1-H: Fiscal Year 2004 Homeland Security Grants for domestic
preparedness B 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.
PERS
1-I: Resolution No. 9974 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA FOR PAYING
AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM,@ was adopted.
STATE PROPOSITION 1-A
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, was
approved.
SURFING CLASSES
1-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.
CLOSED SESSIONS:
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.
INSPIRATION:
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 AGENDA
(HEDGES ITEMS)
At the request of the Mayor,
discussion was held to possibly continue the two13-Items related to hedges due
to the expected length of tonight=s meeting.
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
5-Items. The motion was approved by
voice vote, with Councilmembers Feinstein and O=Connor voting in opposition.
Councilmember 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.
ORDINANCES:
PERMIT PROCESS
7-A: Second reading and adoption of Ordinance No. 2139 (CCS)
entitled: AAN 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 Tem
McKeown, seconded by Councilmember Feinstein, to adopt the ordinance, 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
PERS AMENDMENT
7-B: Resolution No. 9975 (CCS) entitled: AA 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember O=Connor, seconded by Mayor Pro Tem 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
LANTANA PROJECTS
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) B recommendation to adopt Resolution No. 9976
entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING
THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT@; make CEQA findings necessary to approve projects;
adopt Resolution No. 9977 (CCS) entitled: AA 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: AA 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 Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
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
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 amount 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 if both 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 by
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:
AYES: Councilmembers
Katz, Holbrook
NOES: Councilmembers
Feinstein, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
ABSENT: None
The main motion was approved
by the following vote:
AYES: Councilmembers
Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
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 benefits package. The
motion was approved by the following vote:
AYES: Councilmembers
O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro
Tem McKeown, Mayor Bloom
NOES: None
ABSENT: 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 of lighting, 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: Councilmembers
Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember
Katz, seconded by 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: Councilmembers
O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro
Tem McKeown, Mayor Bloom
NOES: None
ABSENT: None
Motion by Councilmember O=Connor, seconded by Councilmember Katz, to 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
NOES: None
ABSENT: None
LIBRARY BONDS
7-D: Introduction and adoption of Ordinance No. 2138 (CCS)
entitled: AAN 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
NOES: None
ABSENT: None
RESTAURANT CAPS -
PROMENADE USES
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.
There was no one present for
public comment
Motion by Councilmember
Genser, 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 Tem
McKeown, seconded by Councilmember Feinstein, 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
NOES: None
ABSENT: None
On order of the Mayor, the
remainder of the ordinance was continued to October 12, 2004, for Council
consideration.
Councilmembers Katz and
Feinstein were excused at 12:20 a.m.
REMODELS
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 Tem
McKeown, seconded by Councilmember O=Connor, to
introduce the ordinance, reading by title only and waiving further
thereof. The motion was approved by the
following vote:
AYES: Councilmembers
O=Connor, Holbrook, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: None
ABSENT: Councilmembers
Feinstein, Katz
STAFF ITEMS:
Councilmember Feinstein
returned at 12:29 a.m.
1550 PCH
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, for 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
O=Connor, Holbrook, Genser, Feinstein, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
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.
SPECIAL JOINT MEETING
WITH THE REDEVELOPMENT AGENCY AND THE PARKING AUTHORITY:
DOWNTOWN GARAGE
8-B: Downtown Parking Garage Acquisition and Retrofit Project, and
related Promissory Note Amendment B 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: AA RESOLUTION AUTHORIZING AN AMENDMENT TO THE AMENDED
AND RESTATED SALE AND PERFORMANCE AGREEMENT AND MODIFICATION TO THE PROMISSORY
NOTE,@ was presented.
There was no one present for
public comment
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Holbrook, to adopt Resolution No. 9979 (CCS) entitled: ARESOLUTION 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 Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
ADJOURNMENT OF JOINT
MEETING
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:
SPECIAL JOINT MEETING
OF THE CITY COUNCIL, PARKING AUTHORITY, AND PUBLIC FINANCING AUTHORITY:
CIVIC CENTER PARKING
STRUCTURE
8-C: Construction amendment for Civic Center Parking Structure
B 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: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE EXECUTION AND DELIVERY OF A GROUND LEASE, A LEASE AGREEMENT, AN INDENTURE
AND A CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH 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 Authority adopt Resolution No. 4 (PFA) 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 from 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 Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
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
NOES: None
ABSENT: Councilmember
Katz
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 Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Katz
ADJOURNMENT OF JOINT
MEETING
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.
PIER - DESIGNATED SMOKING
AREAS
8-D: Adoption of Resolution No. 9981 (CCS), entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DESIGNATING
SMOKING AREAS ON THE SANTA
MONICA PIER,@ was presented.
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 Tem McKeown, Mayor Bloom
NOES: Councilmembers
O=Connor, Holbrook, Feinstein
ABSENT: Councilmember
Katz
Motion by Councilmember
Genser, seconded by Mayor Pro Tem 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 Tem McKeown, Mayor Bloom
NOES: Councilmember
Genser
ABSTAIN: Councilmember
Feinstein
ABSENT: Councilmember
Katz
WRITTEN
COMMUNICATIONS:
EMPLOYEE PREFERENTIAL
PARKING
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.
COUNCIL ITEMS:
APPOINTMENTS
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.
BLDG. & SAFETY
One vacancy for a term
ending June 30, 2008. On order of the
Mayor, this matter was continued to September 28, 2004.
COMMISSION FOR SENIOR
COMMUNITY
One vacancy for a term
ending June 30, 2007. On order of the
Mayor, this matter was continued to September 28, 2004.
COMMISSION ON THE STATUS
OF WOMEN
One vacancy for a term
ending June 30, 2008. On order of the
Mayor, this matter was continued to September 28, 2004.
PERSONNEL BOARD
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.
PIER RESTORATION
CORPORATION
One vacancy for a term
ending November 8, 2005. On order of the
Mayor, this matter was continued to September 28, 2004.
DISABILITIES COMMISSION
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
STATE PERFORMANCE REVIEW
REPORT
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.
TRAVEL FUNDS
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 B 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.
Councilmember Feinstein
was excused at 1:10 a.m.
CLOSED SESSIONS
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 B 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 B 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 B 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 B 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 B Existing Litigation: City of Santa Monica v. Baron & Budd, PC,
et al., Case No. BC 315 186.
ACTION: Not heard.
2-G: Conference with Legal Counsel B Existing Litigation:
City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Genser, to approve settlement No. 8381 (CCS) of $450,000, to be paid by car
wash operators. The motion was approved
by the following vote:
AYES: Councilmembers
O=Connor, Holbrook, Genser, Mayor Pro Tem McKeown,
Mayor Bloom
NOES: None
ABSENT: None
2-H: Conference with Legal Counsel B Existing Litigation:
William Ewing, et al. v. City of Santa Monica, et al., Case
No. YC046458.
ACTION: Heard.
No reportable action taken.
2-I: Conference with Legal Counsel B Anticipated Litigation.
Number of cases: Four.
ACTION: Heard two cases; no reportable action
taken. Two cases not heard.
PUBLIC INPUT:
Member of the public Brian
Hutchings expressed several concerns.
ADJOURNMENT:
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: APPROVED:
Maria
M. Stewart Richard
Bloom
City Clerk Mayor