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M-070610CITE' (3F SAt®TTA M(;l1~TICA CITY CDLiTN'CIL MIIVLTTES JULY 6, 2010 A special meeting of the Santa Monica City Council was called to order by Mayor Shriver at 5:48 p.m., on Tuesday. July 6, 2010, at City Council Chambers, 1b85 Main Street. Roll Call: Present; Mayor Bobby Shriver Mayor Pro Tem Pam O'Cotmor Couneilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terrv O'Dav Also Present: City= Manager Rod Gould City. Attornev Marsha Jones Moutrie City Clerk 1Vlaria M. Stewart C®>~iVETNTEIPLEDGE On order of The Mayor, the City Comicil convened at 5:48 p.m., with all members present. Couneilmember Bloom led the assemblage in the Pledge of Allegiance. ADi~iii~t. ITEMS: 8-A: Adoption of the Final Land Ilse and Girculatian Klement LLTCE AD{3PTIt3N' {LIJCE) of tine City's General Plan, Ccrtifieation of tlae LLTCE Final Environmental Impact I$eport {e EII~), Approdal of a Statement of (Iw~erridang Consnderations, and r~pproeal of a Water Senpply Assessment- recommendation that Council adopt the following resolutions: 1) Resohtion No. 10505 {CCS) entitled: "A RESOLUTION OF THE CITY OF S ANTA MONICA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE LAND USE ANA CIRCULATION ELEMENT"; 2) Resolution No. 10505 (CCS) entitled: "A RESOLUTION OF THE CITY OF SAhtTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT"; 3) Resolution No. 10507 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING THE STATEMENT OF OVERRIDING CONSIDF,RATIONS AND MITIGATION MONITORING PLAN AND NL EKING NECESSARY CEQA FNDINGS; and 4) Resolution No. 10508 {CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ADOPTIlVG THE FINAL L~LND USE AND CIRCULATION Juty 6, 2010 ELEMENT OF THE GENERAL PLAN FOR THE CITY OF SArNTA MONICA," was presented. Members of the public Joey Fullmer, Rafael Noel Lopez, Joan Ling, Valerie Griffin, Hank Koning, Jerry Rubin, Michael Folonis, Denise Barton, Lynn Ortega-Pandy, Paul Mayeda, Tom Larmore, Ray Alysaeh, Calvin Normore, Leonel Graeida, Jennifer Saldana, Gregg Hacock, Patricia Hoffman, Paul Rosenstein, Michael Tarbet, Ana Jara, Linda Piera-Avila, Kristina Lizara, and Sonya Fox Sultan commented on various aspects of the presentation and recommendation, and on the overall proposed LUCE. Councihnember Holbrook advised he mis-voted on a motion at the previous meeting on the subject of the mixed-use creative district. He stated that he had planned to support the recommendation from the Planning Commission to add two additional feet in height, Tier 2, and two additional feet in height in Tier 3, and cast a "no" vote incorrectly and would like it re-considered The City Attorney advised that because the vote was merely advisory, there was no need to reconsider and the vate could be taken again. Motion by Councihnember Davis, seconded b~Mayor Shn-iver, to re- approve the original LUCE (staff} recommendafion for heights in the mixed-use creative arts district. Mayor Shriver clarified that it was the substitute motion for the Planning Commission recommendation. Councihnember Holbrook clarified that the difference was that on Tier 2 there would be an two additional fezt, and on Tier 3 there would he an two additional feet. Substitute Motion by Cormcilmember Holbrook, seconded by Councihnember $Ioam. to approve the Plwning Commission recommendation as to buildine heights in the Nlixed-Use Creative Land Use Designation area. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, O'Day, Mayor Pro Tem O'Connor NOES: Councilmembers Davis, McKeown, Mayor Shriver ABSENT: Alone Considerable discussion ensued on all related issues and comments made by members of the public. 2 July 6. ,010 Discussion ensued on proposed language relating to a reduction required for ground floor pedestrian oriented uses and the added phrase, "if it's a hardship." On order of the Mayor, after considerable discussion, a straw poll w=as taken on whether some grotmd floor pedestrian oriented uses should be required or should not be required. The result of the poll was for a requirement of the use. On order of the Mayor, at the suggestion of member of the public loan Ling, a strikeout deleted by Council action at the July 1, meeting to be returned to the document. The language being: "... a reduction and flexibility in providing required ground floor pedestrian oriented uses. which may also include community services, arts, and similar uses: ' In addition, the two bullets below the lan~iage with the strikeout and the addition should be reversed. Motion by Mayor Pro Tem O'Connor, seconded by Councilmember gloom, to approve the above change recommended by Ma Ling, so that all sections are consistent. The motion vas unanimously approved by voice vote, with all members present. '' After considerable discussion, it was the consensus of five Council- members, with Cotimcihnember McKeoi~ar and Mayor Shriver in opposition, to give direction to staff that, as related to the provision to allow for the introduction of auto sales as a permitted use, allow any auto dealership, that there be no contiguity, and there be a discretionary CL7I'. Cormcilmember Mci~eown stated, for the retard, that he voted no because he feels that the community wants to keep the file makers and the building supply places and especially the incubator spaces (as discussed earlier), and there are currently far too few of them. Mayor Shriver stated, for the record, that his no vote was because he thinks that staff had a nice compromise position and there's a substantial danger of land values going up, and There being a lot of future demand for that land. Discussion ensued. After considerable discussion, it w°as the consensus of Council to add the following language to address shifts in limits for greenhouse gases, "Implement the LUCK policies in order to achieve greenhouse gas reduction targets as required by the Sustainable City - Plan's goals." July 6, 2010 Motion by Councilmember McKeown, seconded by Councilmember Davis, regarding the document entitled "Exhibit B, Changes to Dra$ LUCE as approved by City Carmcil July 6, 2010; ' in the language requiring a food market, to insert the word "required." The motion was unanimously approved by voice vote, with alI members present. RECESS On order of the Mayor, the City Council recessed at 9:46 p.m., and retuned at 10:01 p.m., with all members present. On order of the Mayor, in order to allow staff to prepare appropriate language to the LUCE docuuments to reflect the changes made by Council so far, the City Coimeil went on to consider item 8-B. "TAB ti~IEAS'dTRE Etta 8-B: Tax Ndeasure for Nove~aaber 2fl10 Ballot -recommendation that Ni)YENIBElt BALLOT Council discuss placing a measure on the November 2010 ballot that would offset severe State cuts, stabilize City finances; and protect and maintain essential City services including police, fire, paramedic and emergency 9-1-1, school and after school programs, by creating aone- halfcent transaction and use tax, which would be added to the sales tax, with independent audits, citizens' oversight and no money going to Sacramento, was presented. Members of the public Jerry Rubin, Tom Larmore, Neil Carrey, Laurie Lieberman, Debbie Mulvaney and Shari Davis spoke in support of the proposal. itilembers of the public Pro Se and Denise Barton commented on the proposal. Motion by Councihnember Davis, seconded by Councilmember ~1cKeown, to direct staff to rehun with appropriate documents to place the matter on the November 2010 ballot. The motion was approved by the following vote: AYES: Cotmcilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor NOES: Manor Shrives ABSENT: None Cozeneilmembef• _t~icKeoyvn Councilmember McKeovm recused himself from discussion on a u~as excused at 10:4' p.rn. possible advisory measwe regarding school fimding to avoid the appearance of a conflict of interest due to his employment by the School District. 4 July 6, 2010 It was the consensus of CouncIl to direct staff to return on July 13"', with a proposed advisor= companion, non-binding measure to express voters' opinion on how to spend the fiords, and that will contain language proposing that 50% of revenue increase be dnected to the Santa Monica Malibu School District. The motion was tmanimously approved. RECESS On order of the Mayor, the City Council recessed at 10:51 p.m., and CoutzcilrnenzbeN McKeown returned at 11:19 p.m., with all members present to continue vvith returned at 11:19 p.rr~. Item 8-A. RETURN T43 lTEVl ~-A 8-A: Adoption of tare Final band Use and Circnlatian Element LUCE Al)GPTIDI®I (LUCE} of the City's General Plan, Certification of the DUCE 1 final Environmental Impact Report {FEIl2), Approval of a Statement of Overriding Considerations, and Approval of a Water Supply Assessment -continued. Staff distributed a revised "Exhibit B -Changes to Draft LUCE as approved by City Council July 6, 2010." City Attorney= Marsha Mouh-ie reviewed the proposed changes to Exhibit B based on Council's earlier direction, and in conjunction with staff, provided suggested language in several Sections of Exhibit B. Motion by Coimcilmember McKeown, seconded by Cotmcilmember Davis, to add a policy D?4.14 on page 2.40 as follows: "Develop means to sustain the Village Trailer Park's economic viability, as feasible, by incorporating it into larger multi-property master plans that have as a goal preserving existing housing as an integral part of new mixed-use projects: ' Discussion ensued on the merits and the impact of the motion. After considerable discussion the maker and seconder of the motion werern agreement to change the word "Develop" to `°Explore." The motion reads, as amended: Mofion by Couneilmember McKeown, seconded by Couneilmember Davis, to add a policy D?4.14 on page 2.40 as follow-s: "Explore means to sustain the Village Trailer Park's economic viability, as feasible, by incorporating it into larger multi-property master plans that have as a gaai preservi ug existing housing as an inte~al part of new mixed-use projects.'' The motion, as amended, was approved by the following vote: Juh= 5.2010 AYES: Couneilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None Eileen Fogarty, Director of Planning and Development, reviewed in detail the changes made to the revised Exhibit B cited above, distributed to Couneilmembers, and specific points were clarified. Motion by Mayor Shriver, seconded by Councilmember Bloom, to adopt a resahition approving the water Supply Assessment for the Land Use and Circulation Element. The motion was approved by the following vote: AYES: Couneilmembers Bloom; Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Slu~iver NOES: None ABSENT: None Mahon by Mayor Pro Tem O'Comlor. seconded by Councilmember Holbrook, to adapt a resolution certifying the Final Environmental Impact Report of the city's Land use and Circulation Element. The motion teas approved by the following vote: AYES: Couneilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: Nane Motion by Councilmember Davis. seconded by Councilmember O'Dav, to adopt a resolution making findings necessary to approve the Land Use and Circulation Element and adopting the Statement of Overriding Considerations and Mitigation monitoring Plan. The motion was approved by the following vote: AYES: Couneilmembers Bloom, Holbrook, Davis, O'Day, 141cKeown, Nlayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None Mohan by Councilmember Bloom, seconded by Councilmember Davis, to adopt a resolution adopting the Land Use and Circulation Element of the General Plan of the City of Santa Monica. The motion was approved by the foilow~ing vote: 6 July 6, 2010 AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, ivIcKeown; Mayor Pro Tem O'Connor, Mayor Shriver NOI<S: None ABSENT: None A73J®L'R1~~21JN'I': On order of the 1Vlayor, the City Council muting was adjourned at 12:25 a.m., in memory of Betty Lou Young and SJe-vg~l Kanter. _~ ATTEST: ~~ P~ R ED: l4aria M. Stewart Bobb ~ Shriver City Clerk Mayo 7 July 6, 2010