M-5/25/2006
CITY OF SANTA MONICA
CITY COUNCIL SPECIAL MEETING MINUTES
THURSDAY, MAY 25, 2006
A special meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
5:38 p.m., on Thursday, May 25,2006, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Robert T. Holbrook
Mayor Pro Tern Bobby Shriver
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Also Present: City Manager P. Lamont Ewell
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor, the City Council convened to a special meeting at
5:38 p.m., with all members present. Assistant City Manager Gordon
Anderson led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 5:39 p.m. to consider
closed sessions, and reconvened at 6:58 p.m., to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: Wendy
Maceri v. City of Santa Monica, Case No. SC 086932.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Haruon
Mehdipour v. City of Santa Monica, Case No. SC 083537.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Baron & Budd, P.c., Case No. BC 315186.
ACTION:
Not heard.
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May 25, 2006
ADMIN. ITEMS:
APPEALS: 415 PCH
2-D: Conference with Legal Counsel- Existing Litigation: City adv.
SheD Oil Company (arbitration regarding compliance with settlement
agreement in City of Santa Monica v. Shell Oil Co., Case No.
OlCC4331).
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Anticipated Litigation:
Anticipate significant exposure to litigation pursuant to Government
Code Section 54956.9(b): claim of Palisades Beach Road Property
Owners' Association that proposed renovation of 415 PCH conflicts
with Proposition Sand CEQA and claim of JSM relating to state
housing law and the City's Affordable Housing Production Ordinance.
ACTION:
Heard. No reportable action taken.
On order of the Mayor, Items 6-A and 6-B to be heard concurrently.
6-A: Appeals of Planning Commission's Approval of Development
Review Permit, Reduced Parking Permit, Fence Height Modification;
and certification of the Final Environmental Impact Report for the
rehabilitation and adaptive reuse of the property at 415 Pacific Coast
Highway (Palisades Beach Road) as a public, beach-oriented recreation
facility - recommendation to: adopt Resolution No. 10130 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING
THE FINAL ENVIRONMENTAL IMP ACT REPORT"; adopt Resolution
No. 10131 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA MAKING CEQA FINDINGS, ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS AND ADOPTING A
MITIGATION MONITORING PROGRAM"; and, to deny appeals 06APp.
030 and 06APP-032 and approve Development Review Permit 06-DR-002,
Reduced Parking Permit 06RPP-002, and FenceIWal1 Height Modification
06FWHM-00 1, with conditions, was presented.
6-B: Appeal of Landmarks Commission's approval for the
rehabilitation and adaptive reuse of the property at 415 Pacific Coast
Highway as a public, beach-oriented recreation facility -
recommendation to deny appeals 06APP-031 and 06APP-033 and approve
Certificate of Appropriateness 06CA-002 and the modification to
pedestrian-oriented design requirements specified in SMMC 9.04.10.02.440,
with conditions, was presented.
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May 25, 2006
Councilmember Katz was
excused at 7:00 p.m.
Councilmember Katz requested to be excused from deliberations on this
matter due to a conflict of interest.
William Delvec, representing appellant, and appellant Jonathan Ornstein
spoke in support of the appeals.
Barbara Stinchfield, Director of Community and Cultural Services, on behalf
of Applicant, spoke in support of the project and the recommendation.
Members of the public John Zinner, Tom Cleys, Margaret Bach, Mike
Feinstein, Susan Cloke, Bruce Cameron, Don Brawdsen, Mike Bone, Joel
Brand, Ken Berstein, Linda Sullivan, Louisa Fish, and Jerry Rubin spoke in
support of the project.
William Delvec and Jonathan Ornstein rebutted comments made during
public comment.
Discussion ensued on the merits of the project and on the concerns
expressed by the appellants.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to adopt resolution certifYing the final EIR as amended in the supplemental
staff report dated May 25,2006, addressing the areas of Historic Resources;
Transportation and Circulation; Aesthetics; Construction Effects; and
Revisions to the Project Following Public Review, and amended to direct
staff to immediately file a formal application for a traffic signal; reading the
resolution by title only and waiving further reading thereof
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
NOES:
ABSENT:
Motion by Councilmember Bloom. seconded by Councilmember O'Connor,
to adopt a resolution making findings necessary to approve the 415 Pacific
Coast Highway Project, adopting a Statement of Overriding Considerations
and adopting a Mitigation Monitoring Program. The motion was approved
by the following vote:
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May 25,2006
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
deny appeal of Planning Commission's approval, and approve Development
Review Permit, Reduced Parking Permit and fence/wall height modification
with conditions.
Motion to amend by Councilmember Genser, to add an additional condition
to development review permit that requires City to include in its application
to Coastal Commission all the operational conditions that are in this permit,
as part of the project description that goes to the Commission. The motion
was accepted as friendly.
Applicant Barbara Stinchfield advised that on behalf of the applicant she had
no objection to the additional condition.
The motion, as amended, was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to deny appeals of the Landmarks Commission's approval, and approve
Certificate of Appropriateness and the modification to pedestrian-oriented
design requirements specified in Section 9.04.10.02.440, with conditions.
The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, McKeown, O'Connor, Ge:mser,
Mayor Pro Tern Shriver, Mayor Holbrook
None
Councilmember Katz
7-A: Second reading and adoption o(Interim Ordinance 2186 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING AND MODIFYING THE INITIAL INTERIM
ORDINANCE MODIFYING ZONING REGULATIONS PERTAINING
TO AUTOMOBILE DEALERSHIPS, ASSOCIATED AUTOMOBILE
PARKING STRUCTURES AND AUTOMOBILE STORAGE LOTS,
ORDINANCES:
AUTOMOBILE
DEALERSHIPS
4
May 25, 2006
Counci/member Katz
returned at 9:34 p.m.
DEVELOPMENT
STANDARDS
INCLUDING ALLOWING DEVELOPMENT OF AUTOMOBILE
PARKING STRUCTURES AND AUTOMOBILE STORAGE
FACILITIES ASSOCIATED WITH AN ADJACENT DEALERSHIP ON
CERTAIN RESIDENTIALLY ZONED SITES, EST ABLISIDNG
DEVELOPMENT STANDARDS, DESIGN STANDARDS, REVIEW
PROCESSES AND OPERATIONAL STANDARDS, AUTHORIZING
AUTOMOBILE DEALERSHIPS IN THE MI DISTRICT, ADJUSTING
THE FAR CALCULATION METHODOLOGY, AUTHORIZING
EMPLOYEE PARKING ON EXISTING INVENTORY LOTS IN THE
BCD ZONING DISTRICT AND MODIFYING THE TEMPORARY USE
PERMIT PROVISIONS FOR DEALERSHIPS," was presented.
Motion by Councilmember Katz. 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 Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2187 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT, DESIGN, AND OFF-STREET
PARKING STANDARDS FOR PROJECTS DEVELOPED WITIDN THE
BSCD, C3 AND C3C ZONING DISTRICTS, INCLUDING BUT NOT
LIMITED TO, DESIGN STANDARDS FOR GROUND FLOOR
HEIGHTS, BUILDING STREET FRONTS, LANDSCAPING, SIDE-
WALLS ADJACENT TO mSTORIC RESOURCES, DEVELOPMENT
REVIEW THRESHOLDS, AND OFF-STREET PARKING AND ACCESS
REQUIREMENTS," was presented.
Motion by Councilmember Katz. 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 Bloom, Katz, McKeown, 0' Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
5
May 25,2006
RETENTION OF
GROCERY WORKERS
ENFORCEMENT OF
LAND USE PERMITS
7-C: Second reading and adoption of Ordinance No. 2188 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING CHAPTER 5.40 TO THE MUNICIPAL CODE TO IMPOSE
REQUIREMENTS RELATING TO THE RETENTION OF GROCERY
WORKERS IN CERTAIN CIRCUMSTANCES INVOLVING THE
TRANSFER OF OWNERSHIP OF LARGE GROCERY ESTABLISH-
MENTS," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to adopt ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance of the City of
Santa Monica adding Section 1.08.040 to tbe Municipal Code relating
to enforcement of land use permit conditions by private civil actions
against property owners, was presented.
City Attorney Moutrie advised that a supplemental report modifying the
ordinance clarifies what an "interested person" is; that a person proposing to
file a lawsuit must give written notice of intent to property owner and City;
that the proposal limits remedy to situations where the permit condition is
explicit and clear and would not require any interpretation; if interpretation
is required, it is to be clarified by the City and not by a court; and, that when
there is an unambiguous condition, there would be a right to go directly to
court to get a court order requiring that the condition be effectuated.
There was no one present for public comment.
Motion bv Councilmember Genser. seconded by Councilmember McKeown,
to introduce the revised ordinance for first reading, reading by title only and
waiving further reading thereof, amended to delete subsection ( c) and
renumber subsequent subsections. The motion was approved by the
following vote:
AYES:
Councilmembers McKeown, Genser, Mayor Pro Tern
Shriver, Mayor Holbrook
Councilmembers Bloom, Katz, O'Connor
None
NOES:
ABSENT:
6
May 25,2006
PERMIT PROCESS RE
CHARITABLY -FUNDED
PUBLIC FACILITIES
7-E: Introduction and first reading of an ordinance of the City of
Santa Monica adding Chapter 9.68 to the Municipal Code relating to
permit processing related to the development of charitably funded,
public facilities by requiring expedited processing and review, was
presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to introduce the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Pro Tern Shriver, Mayor Holbrook
Councilmember Katz
None
NOES:
ABSENT:
AFFORDABLE HOUSING 7-F: An ordinance of the City of Santa Monica amending Municipal
Code Sections 9.56.020, 9.56.030, 9.56.040, 9.56.050, 9.56.060, and
9.56.070 to modify the options for meeting affordable housing
requirements to require the onsite or offsite development of affordable
housing units in conjunction with multi-family housing development
with specified exceptions, was presented.
Members of the public Joe Natoli, Denny Zane, Michael Tarbet and Chris
Harding expressed support, voiced concerns, and suggested changes to the
proposed ordinance.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to introduce the ordinance, reading by title only and waiving further reading
thereof; amended that with respect to ownership in multi-family projects in
multi family areas; that the developer must provide 20% of units of the
project, or 25% in projects of 16 or more, on site, deed restricted,
permanently affordable ownership units, affordable to households with
incomes at or below 100% of the area-median income, and if developer
elects this option, developer shall be required to submit a plan for satisfying
the condition that the units must be continually sold and owned by
households in the appropriate income category; or, developers can develop
such ownership units off-site provided that there are 25% more affordable
units than in the formula just cited, that would be required for an on-site
project with same provisions to apply to develop a plan to satisfy the
condition that they continue to be sold and owned by households in the
income category; and to direct staff to return with analysis on the option of
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May 25, 2006
an in-lieu monetary payment equivalent to the cost of building of the new
affordable units, and information about the Mello Act.
Discussion ensued on the proposed motion and on the option of doing the
same percentages in affordable rental units. After considerable discussion,
the motion was withdrawn. Staffwas directed to return later in the meeting
with appropriate language for amendments as discussed.
STAFF ITEMS:
AB2501
8-A: Adoption of resolution in opposition to State Assembly Bill
AB2501, that targets solely the Santa Monica Airport for aircraft
monitoring, unless amended to create a State-funded California
Environmental Study to expand the SCAQMD Study to all aircraft
using the California Airport System, was presented.
Members of the public Zina Josephs, Ping Ho, Adrian Martinez, Stephen
Mark, Marcia Hanscom, Martin Rubin, Joan Winters, Cathy Larson, Don
Geagan, Susan Hartley, Jerry Rubin, and Y oram Tal spoke in opposition to
the resolution.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Shriver. to
take general position that the bill be modified, either in terms of the scope
and applicability, or in terms of otherwise reducing the cost to the city for
complying; and direct staff to work with Mr. Lieu, our own State
representatives, and Mr. Rosendahl to see ifit is possible to come to some
agreement to meet mutual goals.
Motion to amend by Councilmember Genser, to amend motion that ifbill is
going to a vote, and there is no meaningful reduction in cost to the city, staff
is authorized to oppose it keeping in mind that the first choice is to work it
out. If cost to City can be reduced to $35,000 or less, it is acceptable, if not
staff is directed to oppose. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
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May 25, 2006
CONTINUED ITEM: 7-F: An ordinance of the City of Santa Monica amending Municipal
AFFORDABLE HOUSING Code Sections 9.56.020, 9.56.030, 9.56.040, 9.56.050, 9.56.060, and
9.56.070 to modify the options for meeting affordable housing
requirements to require the onsite or offsite development of affordable
housing units in conjunction with multi-family housing development
with specified exceptions, was returned to Council.
Mayor Pro Tem Shriver and
Counci/member Katz were
excused at J :00 a.m.
COUNCIL ITEMS:
HEDGE AND FENCE
ORDINANCE
On order of the Mayor, discussion on this matter resumed.
Sf. Land Use Attorney Barry Rosenbaum reviewed the effects of the
changes proposed earlier to the ordinance and presented various options.
Discussion ensued on the proposal.
Motion by Councilmember McKeown, seconded by Councilmember Genser,
to introduce ordinance for first reading, amended to change the effective
date to May 25,2006; and adding appropriate language making rental units
voluntary under the terms of the Costa Hawkins Act, reading by title only
and waiving further reading thereof The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Holbrook
None
Councilmember Katz, Mayor Pro Tern Shriver
NOES:
ABSENT:
I3-A: Request of Councilmember Bloom that staff be directed to
communicate with Santa Monica College and the Santa Monica
YWCA regarding cooperation and possible partnerships for mixed-use
opportunities for the site at the southeast corner of Pico Boulevard and
14th Street, including, but not limited to, neighborhood serving
business and targeted affordable student housing, was presented.
Member of the public Joe Natoli spoke in support of the request.
Motion by Councilmember Bloom, seconded by Councilmember O'Connor,
to approve request. The motion was unanimously approved by voice vote,
with Councilmember Katz, and Mayor Pro Tern Shriver absent.
13-B: Request of Mayor Holbrook to direct staff to prepare
amendments to the interim fence and hedge ordinance, including
extending the period for appeals to the Planning Commission and to
waive appeal fees, was presented.
9
May 25, 2006
The following members of the public spoke in support of the request:
Monika Bialas, Robert Freeman Susan Freeman, Jim Tenerowics, Timothy
Shannon" James Kohfeld, Bill Conkle, A. Wortman, Katie Santore, Virginia
Kohfeld, David Stout, Marsha Stout, Linda Velonis, Vasara Schafer, and
Bahman Kran.
Discussion ensued on the merits of the request. After considerable
discussion, and on order of the Mayor, the information was received and
filed. No formal action was taken.
ANDERSON INITIATIVE 13-C: Request of Councilmember McKeown that Council direct staff
immediately to commence research, schedule hearings, draft
ordinances, and otherwise prepare appropriate proposed adjustments
in Santa Monica zoning and other codes and policies, so as to protect
our community's jurisdictional flexibility and quality of life should the
so-called "Anderson initiative" qualify for the November statewide
ballot, was prepared.
Members of the public Joe Natoli, Jay Johnson, Diana Gordon, Michael
Tarbet, Genise Schnitman and Ellen Brennan spoke in support ofthe
request.
Motion by Councilmember McKeown.. seconded by Councilmember Genser,
to approve the request, amended to have a website, or other equivalent
means, to solicit options for a down-zoning plan. The motion was
unanimously approved by voice vote, with Councilmember Katz and Mayor
Pro Tern Shriver absent.
PUBLIC COMMENT:
There was no one present for public comment.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 2:52 a.m.
ATTEST:
APPROVED:
'~
lj\J.-(~...;~ .-t.) ~~.~cu:3"
.
Maria M. Stewart
City Clerk
~T~,
Robert T. Holbrook
Mayor
10
May 25, 2006