M-070110CI'T'Y DF SA~T'T.~ 1VI~iVICA
C'IT'Y COUi~TCIi, VIiNUTFS
J[7LY 1, 2010
A special meeting of the Santa Monica City Council was palled to order by Mayor Shriver at 6:30 p.m.,
on Thursday, July 1, 2010, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Bobby Shriver
Mayor Pro Tem Pam O'Connor
Councilmember Richard Bloom
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Terry O'Day
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CONVFiVI;IPLllDGE On order of the Mayor; the City Council convened at 6:30 p.m., with all
members present. CouneIlmember Davis led the assemblage in the Pledge
of Allegiance.
CLDSE~ 3FSSIfl1V: On order of the Mayor, the City° Council recessed at 6:~0 p.m.; to consider
closed sessions and returned at 7:30 p.m., with all members present, to
report the following:
2-A: Conference with i,egal Counsel -Initiation of Litigatian
pursuant to subdivision {c) of Beetion 51956.9. 2 cases.
The City Attorney reported that this item t~°as heard with no reportable
action taken.
I.UCI:; 8-A: Revie3v and Approve a Finai Unvironmental Impact Report
(FEIR} and ilTew Land Use and Circniation Eleffient {LUCE) -
Recommendation to reviecti the Draft Land Use and Circulation Element
(LUCE), the Plamiing Cormnission Resolution reconmlending adoption of
the LUCE with modifications, and the Final Environmental Impact Report
{FEIR). Council will be asked to conceptually endorse components of the
LUCE throu6h a series of scheduled meetings leading to consideration of
July 1, 2010
resolutions to: (1) Approve the Water Supply Assessment for the Land
Use and Circulation Element; (2) Certify the Land Use and Circulation
Element Final Environmental Impact Report; (3} Approve a Statement of ~
Overriding Considerations and make necessary CEQA findings; and (4)
Adopt the Final Land Use and Circulation Element for the City of Santa
Manica, was presented.
,Tim Reiss and Ted Winterer spoke on behalf of the Planning Commission
and in support of the LUCE recommendations.
Members of the public Denise Barton, Evelynn Ortega Pandy, Valerie
Griffin, Catherine Eldridge, June Griffin, Jack Doner, Margaret Bonanno,
Denny Zane, Hanle Koning, Gvvynne Pugh, Lisa Melandri, Jerry Rubin,
Jennifer Saldana, Leonei Gracida, Tracyone Qualls, Cecilia Garcia, Gayie
Cooper, Betty Mueller, Jack Waddington, Calvin Normore, David
Hibbert, Irene Zivi, Zina Josephs, Jim Sulu, Sally Allen, tVlarc Luzzafto,
Marc Sanschagrin, Jeff Guckert, Lynn Robb, Howard Robinson, Kim
Groves, Kenny lvlack, Rachel Laehowicz, Dwight Flowers, Oscar de la
Torre, Mary Marlow, Chris Harding, Michael Tarbet, Paul Rosenstein,
and Richard McKinnon commented on various aspects of the presentation.
RECESS On order of the Mayor, the City Council recessed at 4:~4 p.m., and ,_
reconvened at 10:07 p.m., with all members present.
Motion by Councilmember McKeown, seconded by Councihnember
Davis, to remove from the proposed mixed-used creative arts district ali
properties currently zoned residential.
Considerable discussion ensued on comments made by members of the
public, possible risks to residents of Village Trailer Park and on the
motion..
The motion failed by the following vote:
AYES: Councilmembers Holbrook, Davis, McKeown
NOES: Councilmembers Bloom, O'Day,
Mayor Pro Tem O'Connor, Mayor Shriver
ABSENT: None
Motion by Mayor Pro Tem O'Connor, seconded by Mayor Shriver; to
endorse the Planning Commission recommendations for building heights
and floor-to-area (FAR) ratios.
2 July 1, 2010
- Discussion ensued reffardina separating Council's discussion concerning
building heights based on the Land Use Designations entitled
"Comparison between LUCE & Planning Commission Heights" listed on
page 41 of the PowerPoint presentafion this everring (attached as page 3 A
to these minutes) .
On order of the Mayor and with consensus of Council, Council to consider
each building height recommendation separately by Lard Use
Designation area.
Manor Pro Tem O"Connor ~yithdrew her motion.
Motion by Councilmember McKeown to use the staff reconunendation as
the basis for the discussion of building heights. The motion died for lack
of a second.
Motion by Councilmember McKeown, seconded b~ 1lRavor Shriner. to
approve the staff recommendation as to maximum building heights in the
Mixed-Use Boulevard Low Land Use Designation area.
Substitute motion by Nor Pro Tem O'Connor, seconded by
Councilmember Bloom, to approve the Plarming Commission
reeonmiendation as to maximlun building heights in the Mixed-Use
Boulevard Low Land Use Designation area. The motion was approved by
the following vote:
AYES: Couneilmembers O'Day, Davis, Holbrook, Bloom,
Mayor I'ro Tem O'Connor
NOES: Councilmember McKeown, Mayor Shr7ver
.NBSF.NT: None
Motion by Councilmember McKeown, seconded by Councilmember
Davis to approve the staff recommendation as to maximum building
heights in the Mixed-Use Boulevard Land Use Designation area.
Substitute Motion b~Mavor Pro Tem O'Connor seconded bz°
Councilmember Bloom, to approve the Planning Commission
recommendation as to maximum building heights in the Nlixed-Use
Boulevard Land Use Designation area.
Discussion ensued regarding aesthetics at street level, changes in
densities. and commercial versus residential above the ground floor.
July 1, 2010
Amendment by Councilmember Davis, accepted as friendly, to vote
separately for residential heights versus commercial heights above the
ground floor with support for the Planning Commission reconmlendation
for higher heights for residential over retail and support far the LUCE
recommendation for lower heights for commercial over retail.
Discussion ensued concerning the impact of the sulstihrte motion on
commercial development. Clarification was made that the only
commercial areas affected by the substitute motion would be tha hospital
and healthcare district.
Mayor Pro Tem O'Connor w=ithdrew her support for Councilmember
Davis's amendment .
Mayor Pro Tem O'Connor's original substitute motion supporting the
Planning Commission recommendation failed by the following vote:
AYES: Councilmembers Bloom, O'Day,
Mayor Pro Tem O'Connor
NOES: Coumcilmembers Holbrook. Davis. McKeown.
Mayor Shriver
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Bloom, t s
approve the Planning Commission recommendations as to maximum
building heights for all developments in Mixed-Use $oulevard areas that
are 100 percent residential above the first floor and approve the staff
recommendations as to maximiun building heights for all other
developments. The motion passed with the following vote:
AYES: Councilmembers O'Day, Davis, Holbrook, Bloom
Mayor Pro Tem O'Connor
NOES: Councilmember McKeown, ivlayor Shriver
ABSENT: None
Councilmember McKeown stated for the record that his "no" vote on this
and the previous decision reflects a respect for the 6-year public process
and the resulting staff recommendation as well as a belief that the public
knew exactly what height meant when they asked Council not to vote for
additional height.
Motion by Councilmember B1oorn, seconded by Councilmember Davis, to
approve the staff recommendations as to maximum building heights for
the following Land Use Designation areas; General Commercial on Santa
4 July 1, 2010
Monica Boulevard, Neighborhood Commercial, Industrial Conservation.
and Office Campus.
The motion was approved unanimously by voice vote with all members
present.
Motion by Coumcilmember Bloom. seconded by Caimcilmember O'Day,
to approve the Planning Commission recommendation as to building
heights in the General Commercial Land Use Designation area on Lincoln
and Pica Boulevards. The motion passed with the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O"Day
Mayor Pro Tem O'Connor
NOES: Cormeilmember McKeown, Mayor Shriver
ABSENT: None
Motion by Mavor Pro Tem O'Connor seconded by Councilmember
Bloom, to approve the Ptanuing Commission recommendation as to
building heights in the Mixed-Use Creative Land Use Designation area.
Substitute motion by Councilmember Davis. seconded b~~yor Shriver,
to approve the staff recommendation as to building heights in the Mixed-
Use Creative Land Use Designation area.
AYES: Councilmembers McKeo~sn_ Davis, Holbrook
Mayor Shriver
NOES; Couneilmernbers O'Day, Bloom, Mayor Pro Tem
O'Connor
ABSENT: None
Mayor Pro Tin O'Connor stated for the record that her "no" vote reflects
a belief that the transitions could have been bandied through the zoning
and it vttill be important that through the zoning that those transitions
happen because even what we passed here doesn't enstue that there won't
be impacts to adjacent residential.
(At the szabseguent Cily Council meetifzg on ,7ttly b 20I Q the follon~ing
action occurred r~egczrding this item:
Councilmember Holbrook advised he mis-voted on a motio3z cat the
prevzoars meeting on the subject ofmixed-use crecitive district. He stated
that he had plafzned to support floe r•er~aaest fron~z the Planning Commission
to add t}vo additional feet in height i32 Tier 2, cmd to%o additional, feet in
July 1, 2010
height in Tier 3, and cast a "no "vote incarrectly and lvould like it re-
considered
The City attorney advised that because the vote as merely ach~isory, there ~
was no need to reconsider and the vote eozald be taken again.
Motion by Councilmember Dae>is. seconded by Mayor Shriven, to approve
the original LUCE (staff) recommendation far heights in the Mixed-Use
Creative Arts Land Z;'se Designation area.
Substitute Motion by Cozzneilmernber Holbrook, seconded by
Councilmember Bloom, to approve the Planning Commission
recommendation as to building heights in the Mi,Ced--Use Creative Land
Use -esignation area.
The substitute motion passed by the following vote:
AYES: Councilmembers Bloom, Holbrook C)'-ay, lllayor Pro
Tem O'Comzor
NOES: Councilmembers -avis, McKeott~rz, Mayor Shriven
_ABSEIVT: l%ons
E`nd ofJialy b, 2010, Council discaassion.)
~blotion by Cotmcilmember Bloom, seconded b~yor Pro Tem
O'Connor, to approve The Planning Commission recommendation as to
building heights in the Ocean Front Land Use Designation area.
AYES: Councilmembers Bloom, Holbraok, Davis, O'Day
Mayor Pro Tem O'Connor, Mayor Shriven
NTOES: Councilmember hlcKeawn
ABSENT: None
Motion by Councilmember iVleKeow~1, seconded by Mavor Shriven, to
approve the staff recommendation as to building heights in the Bergamot
Transit Village Land Use Designation area.
Substitute motion by Mavor Pro Tem O'Connor, seconded by
Councilmember Bloom, to approve the Planning Commission
recommendation as to building heights in the Bergamot Transit Village
Land Use Designation area.
Motion to amend by Cotmcilmember Danis, that with a corresponding
percentage decrease in FAR, allow for any first floor grotmd height over ''
6 3uly 1, 2010
- 13-If2' up to a cap of 5` (so the cap would be I8-L <~ thatthe ~' or leers not
' count towards the height (new maximwn height is 86'}, if assessment is
approved by the environmental consultant. The motion was accepted as
friendly.
The substitute motion, as amended, passed by the following vote:
AYES: Couacilmembers O'Day, Davis, Bloom,
Manor Pro Tem O'Comior
NOES: Cormcilmembers ~MlcKeown, Holbroak,
Mayor Shriver
ABSENT: None
Cauncilmenrber McKeown stated for the record his "no" vote, as well as
his "no" votes on the previous items in this section, reflects a response to
the public input and a belief that the public knew exactly what height
meant when they asked Cozmeil not to vote for additional height.
Motion by Counailmember McKeown, seconded by Councilmember
Davis to add a policy to the LUCE on page 2.2-27, numbered N,11.6,
acknowledging the historic burden of community and regional
infrastructure on the Pico Neighborhood, evaluate all futtue changes in
terms of environmental ,justice and cumulative impact. This could include
minirniziug fiirther faciht3~ and infrastructure burdens, fiuttrer protecting
residents from air, water, and soil pollution associated with existing
infrastruchu-al uses, and prusuing opportunities for increased been space
and parks. The motion passed by-the following vote:
AYES: Councilmembers Bloom, Holbrook, Davis, O'Day,
McKeown. Mayor Pro Tem O'Connor, Mayor Shrives
NOES: None
ABSENT: None
Motion by Cormcilmember McKeown. seconded by Mayor Shrives. to
approve the staff recommendation as to sustainability. The motion passed
by unanimous voice vote, with all members present.
Motion by Councilmember Bloom, seconded by Mayor Pro Tem
O'Connor, to approve the staff recommendation as to the Measurin<>,
iMonitoring, and Implementing Plan.
Discussion ensued regarding the framework for the timing of the range of
measurements that will return to Cotuieil, the frequency of the re«ew
July 1, 2010
cycle, and sanctions for non-compliance.
The motion passed by the foflowing vote:
AYES: Councilmembers McKeown, O'Day, Davis, Holbrook,
Bloom, Mayor Pro Tem O'Connor, Mayor Shriver
NOES: None
ABSENT: None
Motion by Councilmember Bloom, seconded by Mayor Shriver, to
approve the staff recommendation concerning approach to community
character. The motion passed by the following vote:
<4YES: Comzcilmembers Bloom, Holbrook, Davis. O'Day,
McKeown, Mayor Pro Tem O'Connor, Mayor Shriver
NOES: Nane
ABSENT: None
Motion by Councilmember Bloom. seconded by Councilmember O'Day,
to endorse the Planning Cornmission's recommendation for building
parameters, including height, floor-to-area ratios, step-backs, set backs,
etc., with the understanding that items will be further addressed when the
zoning code returns for approval. The motion passed by the following
vote:
AYES: Councilmembers O'Day, Davis, Holbrook, Bloom, Mayor
Pro Tem O'Connor, Mayor Shriver
NOES: Councilmember McKeown
ABSENT: None
Cormcilmember McKeown stated for the record that this "no" vote reflects
a belief that the Planning staff are professionals and their
recommendation, which had been circulated to the community in the draft
LUCE, was a more supportable autcome.
On order of the Mayor, the next meeting scheduled for Tuesday, July 6,
ttilayor Shriver leas exezaed 2010, will start at 5:30 p.m.
at 1:00 a.m.
Motion by Councilmember Davis. seconded by Coimeilmember Bloorn, to
amend fire LUCE to allow projects that have already been the subject of a
float-up at the Planning Commission or the City Council, or where an
application for a development agreement has been filed with the City by
J~ily t, 2010, to go forward without requiring the completion of the area
8 July 1, 3010
plan. Those projects tivould be subject to a development agreement and
must be consistent with the LUCE.
The motion passed with the following vote:
AYES: Councihnembers Bloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor
NOES: None
ABSENT: Mayor Shrives
Motion by Councilmember Davis, seconded by Councilmember Bloom, to
add clarifying language to the LUCE to allow new or existing auto
dealerships to locate to the east side of Lincoln Boulevard, south of Santa
Monica Boulevard to the fieecvay, subject to a discretionary process. The
motion passed with the following vote:
AYES: Cotncihnembess O'Day, Davis, Holbrook, Bloam,
Mayor Pro Tem O'Connor
NOES: Councilmember McKeown
ABSENT: Mayor Shrives
Councilmember McKeown stated for the record his "no" vote reflects
support for the staff recommendation as captained in the draft LUCE
which had been circulated to the public for some time.
A~d{3IJ32~T;VIEI~T: On order of the Mayor Pro Tem, the City Council meeting vas adjotuned
at I :1 ~ a.m. i~-1
ATTEST: R ED:
Beth Sanchez ob v Shnver
Assistant City Clerk Mayor
9 July 1.201 Q