M-9/26/2006
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 26, 2006
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 5:52 p.m.,
on Tuesday, September 26, 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 0' Connor
Also Present: City Manager P. Lamont Ewell
Assistant City Attorney Joe Lawrence
Acting City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:52 p.m., with
all Councilmembers present. Mayor Holbrook 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 Russell Sydney, Joy Fullmer, Pro Se and Craig
Jones expressed concerns regarding various Consent Calendar items.
At the request of Councilmember Genser, Item l-C was removed from
the Consent Calendar. At the request of Councilmember McKeown, Item
l-F was removed from the Consent Calendar. At the request of
Councilmember Bloom, Item I-I was removed from the Consent
Calendar.
Motion by Councilmember Katz. seconded by Councilmember
O'Connor, to approve all items on the Consent Calendar as presented
except Items l-C, l-F and I-I, reading resolutions by title only and
waiving further reading thereof.
1
September 26, 2006
MINUTES
CEMENT CONCRETE
DIGITAL STORAGE
SYSTEM
1433 4TH STREET
HOMELESS
COMMUNITY COURT
PROPOSITIONS lA, IB,
IC, ID, AND I-E
The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
I-A: Approval of minutes of the July 12, and July 25, 2006, City
Council meetings, were approved, as submitted.
1-B: Purchase of cement concrete - recommendation to award Bid
No. 2910, in an amount not to exceed $198,750, to Standard Concrete
Products, for provision of cement concrete, was approved.
1-D: Digital Storage System - recommendation to authorize the
Purchasing Agent to issue a purchase order to Nth Generation
Computing, in the amount of $249,435, for a digital storage system for
video taken by cameras installed in the jail of the Public Safety Facility,
was approved.
1-E: Lease of Space at 1433 4th Street - recommendation to
authorize the City Manager to negotiate Lease Agreement No. 8638
(CCS) for space at 1433 4th Street, from Metropolitan Pacific Capital, for
use as office space for the Civil Engineering and Architecture Divisions
of Environmental and Public Works Management Department, was
approved.
1-G: Grant funds for Homeless Community Court -
recommendation that the City Council accept County of Los Angeles
grant funds in the amount of $458,000 over a one-year period for
supportive services and housing in conjunction with a monthly Homeless
Community Court; appropriate funds and make necessary budget
changes; and authorize the City Manager to execute any necessary grant
agreements, was approved.
I-H: Resolution supporting Propositions lA, 1B, IC, ID, and IE on
the November 2006 Statewide Ballot - recommendation to adopt
Resolution No. 10165 (CCS), entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING
PROPOSITIONS lA, 1B, 1C, 1D,AND lEON THE NOVEMBER
2006 STATEWIDE BALLOT," was approved.
2
September 26, 2006
ANAL YSIS - BBB
CROSSWALK
ENHANCEMENTS
l-C: Big Blue Bus line-by-line analysis and Service Improvement
and Efficiency Program - recommendation to authorize the City
Manager to negotiate and execute a Contract No. 8637 A (CCS), with
Perteet Engineering, in the amount of$159,346, to prepare a line-by-line
analysis of service and develop a service improvement and efficiency
program, was presented.
Councilmember Genser advised he removed this matter from the Consent
Calendar to ask questions regarding comments from a member of the
public, who suggested adding to the analysis consideration for a place for
bicycles and emission vehicles to be secured at various bus stops. Staff
answered questions and agreed to add a question to the online survey
possibly recommending bike stations in certain locations that might
integrate with bus service.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to approve recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
I-F: Main Street Crosswalk Enhancement between Pico and
Colorado - recommendation to approve proposed crosswalk
enhancements across Main Street at Vicente Terrace and at City Hall
crosswalks, was presented.
Councilmember McKeown advised he removed this item from the
Consent Calendar because he had questions and concerns regarding the
proposed islands adjacent to a bus stop in front of City Hall with there
being no room for bicycle passing during heavy times of construction.
Staff advised the concern will be addressed before a final decision is
made regarding restriping.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve the recommendation. 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:
3
September 26, 2006
HOMELESS FOOD
PROVIDERS -
RELOCATION
CLOSED SESSIONS:
1-1: Temporary Relocation of Homeless Food Providers to
Facilities at 612 Colorado Avenue - recommendation to appropriate the
amount of $197,000 for costs related to the temporary relocation of
homeless food providers to indoor facilities at 612 Colorado Avenue, was
presented.
Councilmember Bloom advised he removed this item from the Consent
Calendar to allow staff an opportunity to respond to public comments
made regarding the increase of homeless individuals outside the facility.
Staff responded that extraordinary care will be given to keep the crowds
and streets clean.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
approve the recommendation with a request for a bi-weekly report at the
beginning of the program, then the regular follow-up report every six
weeks by Homeless Care Consultant, Ed Edelman. The motion was
approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
There was no one present for public comment.
On order of the Mayor, the City Council recessed at 6:30 p.m. to hear
closed sessions and returned at 8:09 p.m., with all members present, to
report the following:
2-A: Conference with Labor Negotiator.
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Municipal Employees Association (MEA)
Supervisors Team Associates (ST A)
ACTION:
No reportable action.
2-B: Conference with real property negotiator:
Property: 1632-36 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Jandy, LLC
ACTION:
No reportable action.
4
September 26, 2006
2-C: Conference with real property negotiator:
Property: 1640 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Martin H. Waldman, et. al.
ACTION:
No reportable action.
2-D: Conference with real property negotiator:
Property: 1301-33 4th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Virginia Tegner Spurgin Investments
Company
ACTION: No reportable action.
2-E: Conference with real property negotiator:
Property: 1415-275th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Mark S. Romney
ACTION:
No reportable action.
2-F: Conference with real property negotiator:
Property: 1437 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: PRU/JSM Trino
ACTION:
No reportable action.
2-G: Conference with real property negotiator:
Property: 1334 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Sunnyside Group, et. al.
ACTION:
No reportable action.
2-H: Conference with real property negotiator:
Property: 1338-42 5th Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Bryan Family Trust
ACTION:
No reportable action.
5
September 26, 2006
2-1: Conference with real property negotiator:
Property: 2715 Exposition Bouelvard/1800 Stewart Street
City Negotiator: Miriam Mack
Under negotiation: Interest in Real Property
Owner of Record: Richlar Partnership Lease
ACTION:
No reportable action.
2-1: Conference with Legal Counsel- Existing Litigation: City
of Santa Monica v. Baron & Budd. P.c., Case No. BC 315
186.City v. Baron & Budd, P.c., Case No. BC 315186.
ACTION:
Continued to Adjourned Meeting on October 3,
2006.
2-K: Conference with Legal Counsel - Existing Litigation: City
adv. Shell Oil Company (arbitration regarding compliance
with settlement agreement in City of Santa Monica v. Shell
Oil Co., Case No. 0ICC4331).
ACTION:
Continued to Adjourned Meeting on October 3,
2006.
2-L: Conference with Legal Counsel - Existing Litigation:
Action Apartment Association v. City of Santa Monica. et
aI., Case No. SC 091 036.
ACTION:
No reportable action.
2-M: Conference with Legal Counsel- Existing Litigation:
Fifth/Arizona Investors. LLC v. City of Santa Monica, LASC
Court Case No. SC083204, Court of Appeals Case No.
B185512.
ACTION:
Continued to Adjourned Meeting on October 3,
2006.
2-N: Anticipated Litigation: Anticipate significant exposure to
litigation pursuant to Government Code Section 54956.9(b):
two matters involving real property at 1047 11th Street and 161
Ocean Park Boulevard, and one matter involving the proposed
Strategic Rezoning Ordinance (Santa Monica Housing
Council).
ACTION:
No reportable action.
6
September 26, 2006
STUDY SESSION:
HOMELESS UPDATE
REPORT
LIVING WAGE
ORDINANCE - IMP ACT
REPORT
SPECIAL ITEMS:
3-A: Homeless Update Report.
Member of the public Joy Fullmer, Jerry Rubin, Jenna Linnekens and
Melrose Spraque expressed their opinions.
Consultant and Former L.A. County Supervisor, Ed Edelman, presented an
update report on the subject.
On order ofthe Mayor, the information was received and filed.
3-B: Report on financial impact of City's Living Wage Ordinance aDd
impact of adjusting City employee pay rates consistent with the
minimum wage set by the ordinance, was presented by Candace Tysdal,
Acting Director of Finance.
On order ofthe Mayor, the information was received and filed.
4-A: The Mayor issued a Proclamation declaring October 2006 as
Disabilities Awareness Month in the City of Santa Monica.
Member of the public Pro Se expressed various concerns regarding disability.
ORDINANCES: 7-A: Supplemental Report aDd introduction and first reading of an
DESIGN AND DEVELOP- ordinance amending Article 9 of the Municipal Code to modify project
MENT STANDARDS design and property development standards for specified uses in certain
residential, commercial and industrial districts in the city including, but
not limited to, standards related to permitted building heights,
exceptions to the height limit, unit density, parcel coverage, floor area
and architectural design review criteria. The City Council may also
consider modifications related to other administrative and discretionary
review procedures and possible changes to the City's Affordable
Housing Production Program.
In reading the matter into the record, the City Clerk stated that the ordinance
was continued from September 12,2006, and the following motion was left
pending on the floor:
"Motion by Councilmember McKeown, seconded by Councilmember
Genser, to approve staff recommendation with the Planning Commission's
recommendations. "
"Motion to amend by Councilmember Katz. seconded by Councilmember
O'Connor, to maintain building heights as they are letting the projection of
mechanical elevators and stairs stay as they are and that the LEEDs be a
preferred element to any project."
"The proposed amendment was withdrawn by Councilmember Katz."
7
September 26, 2006
"Motion to amend by Councilmember O'Connor, seconded by
Councilmember Katz, that projects that have LEED's gold or platinum
certification be considered "preferred projects" and receive a preferred
permi t. "
"The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Katz, Bloom, Mayor Pro Tern
Shriver, Mayor Holbrook
Councilmembers McKeown, Genser
None"
NOES:
ABSENT:
Sr. Land Use Attorney Barry Rosenbaum reported his office prepared a
supplemental staff report to provide additional information related to
questions that arose in conjunction with the Council's consideration of the
proposed strategic re-zoning ordinance. Mr. Rosenbaum read into the record
the following two additional modifications to the proposed ordinance:
One, to modifY the adjustment waiver provisions of the affordable housing
production program under Municipal Code Section 9.56.170, Sections A,
C and E, which would clarifY that a multi-family project applicant could
request that the requirements of the affordable housing production program
be adjusted or waived.
Two, to add the following findings to the proposed ordinance: "Whereas
Government Code Section 65863 does not apply to this proposed ordinance
since the ordinance does not reduce the residential density for any land in the
city; and, Whereas even if the Government Code 65863 were to apply, the
proposed ordinance complies with its provisions since it is articulated in the
proposed ordinance and staff report, the proposed ordinance is consistent
with the city's adopted General Plan, including its Housing Element, and the
remaining sites identified in the Housing Element are adequate to
accommodate the city's share of the regional housing need; and, Whereas
during the planning period of January 1, 1998 through June 30, 2005, the city
issued building permits for 2,920 units, 132 % of its RHNA target of 2208
units; Whereas the city has issued building permits for planning approvals for
an approximate 1000 additional units; and Whereas the city has prepared an
updated CEQA site analysis which demonstrates that the city has more than
4500 housing units with over half of these units located in the city's
commercial districts, which is more than adequate to accommodate the city's
future share of regional housing."
Members of the public Michael Klein, Chloe Bird, Jay Johnson, Gale
Feldman, Dennis Allard and Hank Koning spoke in favor of the proposed
ordinance with suggested changes and amendments.
8
September 26, 2006
Members of the public Mario Romano, Chris Harding, spoke in opposition
to the proposed ordinance.
Motion by Councilmember McKeown. seconded by Councilmember
Genser. to withdraw his original motion made at the meeting on
September 12, 2006, and instead make a motion to approve the Planning
Commission recommendation with the new staff recommended alterations
on the waivers and additional findings, as contained in the supplement
report dated September 26,2006.
Motion to amend by Councilmember McKeown, to remove the houses of
worship from the incentive preferred project list. The motion was
approved by consensus.
Motion to amend by Councilmember McKeown. to give incentives for
multi-family rental properties, where there are a significant number of
multi-bedroom units. The motion was approved by consensus.
Motion to amend by Councilmember Genser, that preferred projects in the
residential zones include multi-family rental housing, which are Certified
LEED Silver or higher and have a minimum of 25% of the units 3
bedroom or larger plus a minimum of an additional 50% of the units 2
bedroom or larger. The motion was approved by consensus.
Motion to amend by Councilmember Genser. to apply the CM2 district
standards to non-preferred permitted projects in the CM3 and CM4 zones
(Main Street). The motion was approved by consensus.
Motion to amend by Councilmember Genser. that the C4 district should
use Lincoln Blvd. south of the freeway standards for non-preferred
permitted projects, with exempted uses. The motion was approved by
consensus.
Motion to amend by Councilmember Genser. that as preferred projects in
the commercial zones, everything above the first floor must be residential
use, with a voluntary exception of up to 10 percent of the floor area above
the first floor that can be office space. Exemptions are to be religious
institutions, funeral homes and auto dealerships. Preferred projects in the
commercial zones also must be LEED Silver and higher. The motion was
approved by voice vote, with Councilmember Katz in opposition.
Motion to amend by Councilmember Genser, that the C2 zones should use
the Montana standards; C4 zones use Lincoln Blvd., south ofthe freeway
standards for non preferred projects; C6 zones for non preferred projects;
lower the development standards height to two stories and 30 feet with a
floor ratio of 1.0; and on all of the Designated Historic structures that are
being preserved to the Secretary ofInterior's standards and have a discreet
9
September 26, 2006
SUNSET P ARKlNORTH
OF WILSHIRE
use of land uses (such as Senior Housing), should also be considered
preferred projects. This motion was approved by consensus.
Motion to amend by Councilmember McKeown, to have the applicability
date be November 15th for projects that don't need subdivision maps and
December 31 st for projects that do need maps. The motion was approved
by consensus.
Motion by Councilmember Katz, to extend the date to January 8, 2007, for
projects that do require maps. The motion was accepted as friendly.
On order of the Mayor, this item was tabled temporarily to allow staffto
work on wording changes to the proposed ordinance.
7-B: Second reading and adoption of Ordinance No. 2205 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING THE DEVELOPMENT
STANDARDS AND REVIEW PROCESSES IN THE Rl SUNSET
PARK AND NORTH OF WILSHIRE NEIGHBORHOODS
INCLUDING, BUT NOT LIMITED TO, STANDARDS AND REVIEW
RELATED TO SETBACKS, STEPBACKS, MAXIMUM PARCEL
COVERAGE, SECOND FLOOR PARCEL COVERAGE, GARAGES
AND GARAGE DOORS, ARCHITECTURAL PROJECTIONS,
BALCONIES AND PORCHES, AND ARCHITECTURAL REVIEW OF
SPECIFIED STRUCTURES AND CLARIFYING THE SECOND
FLOOR PARCEL COVERAGE STANDARD ALSO APPLICABLE IN
THE NORTH OF MONTANA NEIGHBORHOOD," was presented.
Motion by Councilmember Genser. seconded by Councilmember
McKeown, to adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Pro Tern Shriver, Mayor Holbrook
None
None
NOES:
ABSENT:
PROHIBITION: 7-E: Introduction and first reading of an ordiDance adding Section
EMPLOYEES SERVING 2.32.280 to the Municipal Code to prohibit City employees from
ON COUNCIL-APPT. serving on legislative bodies whose members are all appointed by the
BOARDS/COMMISSIONS City Council, was presented.
There were no members of the public present for this item.
Motion by Councilmember O'Connor, seconded by Councilmernber
Bloom, to introduce the ordinance, reading by title only and waiving
further reading thereof.
10
September 26, 2006
( , I
I
The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
Councilmember Shriver was ABSENT:
excused at 10:48 p.m.
LANDMARKSIHISTORIC 7-C: Introduction and first reading of an ordinance to amend
DISTRICT Chapter 9 of the Municipal Code to allow for modification of
development standards and implementation of incentives for projects
that include the retention and preservation of a Designated
Landmark or Contributing Structure to an adopted Historic District,
was presented.
PRIORITY FOR CITY
SERVICES
Members of the public Robert Chattel, Ken Kutcher, RuthAnn Leher,
Roger Genser and Howard Robinson all spoke in favor of the proposed
ordinance
Motion by Councilmember Katz. seconded by Councilmember McKeown.
to introduce the ordinance, reading by title only and waiving further
reading thereof, amending the ordinance to eliminate the verbiage for
variances, and that wherever the Secretary of Interior standards are
referenced as something that needs to be complied with, the language will
be added to say, "to be amended from time to time." The motion was
approved by the following vote:
AYES:
Councilmembers Bloom, Katz, McKeown, O'Connor,
Genser, Mayor Holbrook
None
Mayor Pro Tern Shriver
NOES:
ABSENT:
7-D: Introduction and first reading of an ordinance adding Chapter
1.20 to the Municipal Code relating to priority for City service to
confirm the sole propriety and authority of the City Council to
expedite City services and establish such service priorities by
resolution; adopt Resolution No. 10166 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REVISING USER FEES IN THE ENVIRONMENTAL AND
PUBLIC WORKS MANAGEMENT DEPARTMENT RELATED TO
PLAN REVIEW BY THE GREEN BUILDING PROGRAM ADVISOR;
and recommendation to review proposed resolution setting the
priority of city services related to development activities, in
anticipation of adopting the resolution at second reading of the
ordinance, was presented.
There was no one present for public hearing.
11
September 26, 2006
PUBLIC HEARINGS:
SEWER EASEMENT
120 COLORADO
RESOLUTIONS:
415 PCH
Counci/member Katz was
excused at 11:31 p.m.
WRITTEN REQUESTS:
LOCATION OF HALF-
WAY HOUSE
Motion by Councilmember McKeown, seconded by Councilrnember Katz,
to introduce the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, O'Connor, McKeown, Katz,
Bloom, Mayor Holbrook
None
Mayor Pro Tem Shriver
NOES:
ABSENT:
Motion by Councilmember O'Connor, seconded by Councilrnember Katz,
to adopt Resolution No. 10166 (CCS), 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 Holbrook
None
Mayor Pro Tem Shriver
NOES:
ABSENT:
9-A: Public hearing and adoption of a Resolution of necessity to
acquire a sewer easement at 120 Colorado Avenue for the
Colorado/Ocean Avenue Relief Sewer Project.
On order ofthe Mayor, this matter was continued to December 12, 2006.
II-A: Resolution No. 10167 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REGARDING THE PUBLIC RECREATION FACILITY TO BE
DEVELOPED AT 415 PACIFIC COAST HIGHWAY," was presented.
Councilmember Katz requested to be excused due to a conflict of interest
in this matter.
There was no one present for public comment.
Motion by Councilmember McKeown, seconded by Councilmember
O'Connor, to adopt resolution, 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:
12-A: Request of Say Chin So to relocate the halfway house located
at 1826-1828 Pearl Street to another location as the site is a path used
by students attending the nearby junior high and elementary schools,
was presented.
12
September 26,2006
Councilmember Katz
returned at 11:34 p.m.
CONTINUED ITEM:
DESIGN AND DEVELOP-
MENTSTANDARDS
Members of the public Chris Thixton and Zina Joseph expressed support
ofthe requests.
On order of the Mayor, the information was received and filed.
On the order of the Mayor, Council reconvened to continue deliberating
on the proposed ordinance for Item 7-A.
Sr. Land Use Attorney Barry Rosenbaum restated the pending motion
made and seconded, to accept the staff recommendation with Planning
Commission recommendations, and read into the record the following
revised language resulting from the amendments discussed:
"A new section is being added to the first provision to clarifY that this
ordinance is not modifYing or intends to modifY the interim ordinance
provision pertaining to automobile dealerships in Ordinance No.
2186(CCS).
"An additional applicability provision section is added and states, 'This
Ordinance shall apply to all development applications determined
complete after November 15, 2006, unless the application includes a
subdivision map which required the prior approval of the City Engineer.
As to development applications requiring prior City Engineer subdivision
map approval, this ordinance shall apply to such applications determined
complete after January 8, 2007.'
"The waiver provisions, under Section 9.56.170, Subsection (A), will add:
'or otherwise have an unconstitutional application to the property.' So the
opportunity for adjustment or waiver will be both for claims that the
application effectuates an unconstitutional taking of property or otherwise
have an unconstitutional application to the property."
"Also, Subsection C(2) will be broadened so that it will now read 'the
applicant will benefit from the inclusionary incentives set forth in this
Chapter in the City's Municipal Code.'
"Also, Subsection (E) would be modified to clarifY that if applying the
requirements of this Chapter would effectuate an unconstitutional taking
of property or otherwise have an unconstitutional application to the
property, the affordable housing requirements shall be adjusted or waived
to reduce the obligations under this Chapter to the extent necessary to
avoid an unconstitutional result."
Principal Planner, Jonathan Lait, presented to Council the following
suggested changes based on the amendments discussed earlier:
13
September 26, 2006
· Under Section I of the ordinance, add language in for the Multi-
Family apartments, as follows: "Where the 25% of the units are 3-
bedroom units or larger and 66% of the remaining units are 2
bedrooms or larger; and the project is registered with the USGBC
to receive a LEED rating of silver or higher level."
· Under Section 2 added subsection (i) as follows: Establish the R4
standards for Pi co Blvd between 11 th Street and Euclid.
· Under Section 3, add language to apply same preference projects
list as R2, R3 and R4 to R3R district.
· Under Section 6, add language so that the CM2 standards apply to
the CM3 and CM4 districts where preferred permitted uses apply;
allowing limited uses.
· Under Section 7, language regarding building height projections is
being deleted.
· A new section will be added to reflect that the C2 preferred
projects will have the same standards as the CM district.
· A new section will be added to address the C4 District standards.
The language is the same as in the original ordinance. The
preferred projects component will be added to include funeral
homes, auto dealerships and places of worship. It will also include
market rate apartments.
· A new section was added in the C6 district which includes the
language for preferred permitted projects.
Motion to amend by Councilmember Genser. seconded by
Councilmember McKeown, that in the CM3 & CM4 Districts, if it is not a
preferred project, then the project can use CM2 development standards.
The motion was approved by consensus.
Motion to amend by Councilmember McKeown to add back in LEED
Silver for market rate apartments and condos and mixed use projects in all
commercial zones. The motion was approved by consensus.
Councilmember McKeown re-stated his earlier motion and modified it as
follows:
14
September 26,2006
COUNCIL ITEMS:
SOCIAL SERVICES
Councilmember Katz, was
excused at 12:31 a.m.
ANNUAL
APPOINTMENTS
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to introduce ordinance for first reading, with the Planning
Commission's recommendation, and with the new findings, as contained
in the Supplemental Report dated September 12, 2006. In addition,
include the waiver, and the changes read into the record by Mr.
Rosenbaum and by Mr. Lait, with the above amendments.
The City Clerk requested clarification of the Assistant City Attorney on
the details added to the amendments during discussion that are not made
clear in the motions to amend, and that may need to be included in the
minutes.
The Assistant City Attorney advised that the motion does not have to
contain every word of every change, but should incorporate the changes as
noted by Mr. Rosenbaum, at the beginning of the meeting; as well as the
changes brought back by staff and discussed by City Council once
reconvening on the matter.
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, O'Connor, Genser,
Mayor Holbrook
Councilmember Katz
Mayor Pro Tern Shriver
NOES:
ABSENT:
A copy of the ordinance, as amended, is attached to these minutes as
Exhibit 1.
13-A: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On order ofthe Mayor, this appointment was continued to October 3, 2006.
13-B: Annual appointments to the following boards and commissions:
On order of the Mayor, the appointments were continued to October 3,
2006, except for the Recreation & Parks.
Board/Commission
Bayside District Corporation
Comm. Senior Community
Comm. Status of Women
Conv. & Visitors Bureau
Vacancies
1
2
1
I
Term EndiDg
06/30/2010
06/30/2010
06/30/20 I 0
06/30/2010
15
September 26, 2006
RECREATION & PARKS Recreation & Parks Commission 1
COMMISSION
PROPOSITION 86 -
TOBACCO TAX ACT
TAXI FRANCHISE AIR
QUALITY CRITERIA
06/30/2010
On order of the Mayor, the floor was opened for nominations for the
Recreation & Parks Commission.
Mayor Holbrook nominated Kristina Deutsch. Ms. Deutsch was appointed
by acclamation with Councilmember Katz and Mayor Pro Tern Shriver
absent.
13-C: Request of Councilmember Bloom that the City Council adopt
the Resolution No. 10168 (CCS), in support of Proposition 86, the
Tobacco Tax Act of2006 which if passed by voters in November 2006
would raise the state's tobacco tax by an additional $2.60/pack to reduce
smoking, especially among children, and fund critical health care priorities,
thereby reducing the healthcare cost burden on state and local
governments; and reduce tobacco use, was presented.
Member of the public Colleen Callahan spoke in support of the proposal.
Members of the public Brian Hutchings and B.A. Gray spoke in opposition
of the proposal.
Motion by Councilmember Bloom, seconded by Councilmember Genser,
to adopt resolution, reading by title only and waiving further thereof. The
motion was unanimously approved by voice vote with Councilmember
Katz and Mayor Pro Tem Shriver absent.
13-D: Request of Councilmember McKeown that, at the strong
recommendation of members of the City's Task Force on the
Environment, the Council direct staff to prepare an ordinance setting
specified air quality performance criteria for awarding future taxi
franchise agreements within the City of Santa Monica, was presented.
Member of the public Brian Hutchings spoke in opposition to the request.
Member of the public Chad Lindholm and B.A. Gray expressed support for
the request with some concerns.
Motion by Councilmember McKeown, seconded by Councilmember
Genser, to ask staff to prepare an ordinance which requires that taxi cab
operators in Santa Monica be required to operate cleaner fuel vehicles. The
motion was unanimously approved by voice vote, with Councilmember
Katz and Mayor Pro Tern Shriver absent.
16
September 26, 2006
ARTS COMMISSION
PUBLIC INPUT:
ADJOURNMENT:
13-E: Appointment to one annual vacancy on the Arts Commission
for a term ending June 30, 2010.
On order of the Mayor, this matter was continued to October 3,2006.
Members of the public Melvyn Klein and Art Casillas expressed various
concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:57
a.m. to an adjourned meeting on October 3, 2006.
ATTEST:
APPROVED;
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Robert T. Holbrook
Mayor
Denise Anderson-Warren
Acting City Clerk
17
September 26, 2006