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m-111412CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 14, 2012 A special meeting of the Santa Monica City Council was called to order by Mayor Bloom at 7:11 p.m., on Wednesday, November 14, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Absent: Councilmember Bobby Sb iver Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Cleric Sarah P. Gorman CONVENE/PLEDGE On order of Mayor, the City Council reconvened at 7:11 p.m., with Councilmember Shriver absent. ORDINANCES: 7 -C: Introduce for First Reading an Ordinance which Approves the 2930 COLORADO AVE Proposed Development Agreement 07 -005 and Tentative Tract Map 12 -001 to Allow a Mixed -use Project Consisting of 377 Residential Units (161 Apartments and 216 Condominiums) and up to 24,940 Square Feet of Ground Floor Neighborhood - serving Retail of which up to 4,250 Square Feet Could Be Converted to Production Space at 2930 Colorado Ave.; Adopt Resolution No. 10718 (CCS) Adopting a Statement of Overriding Consideration and Mitigation Monitoring Plan; Adopt Resolution No. 10719 (CCS) Certifying the Revised Environmental Impact Report for the Village Trailer Park Project; and Authorize Budget Changes, was presented. As a continuation of the presentation made to the City Council on Tuesday, November 13, 2012, staff provided additional information regarding several items council requested, including, but not limited to: ® Relocation issues raised in the Legal Aid Foundation letter submitted on November 12t". ® Information regarding location of the project site in a liquefaction zone. November 14, 2012 • Explanation of the appropriate land value applied to the project. • Calculation of the FAR for the project. • Affordable housing production program. Considerable discussion ensued. Motion by Mayor Bloom seconded by Councilmember Holbrook, to certify the final environmental impact report. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember McKeown ABSENT: Councilmember Shriver Motion by Mayor Bloom seconded by Councilmember O'Day, to adopt the resolution adopting the mitigation monitoring program and statement of overriding conditions. The motion was approved by the following vote: AYES: Councilmembers O'Day, Holbrook, O'Connor, Mayor Pro Tem Davis, Mayor Bloom NOES: Councilmember McKeown ABSENT: Councilmember Shriver Motion by Mayor Bloom seconded by Councilmember Holbrook, to introduce the ordinance on first reading which approves the proposed development agreement, including the tentative tract map and tenant relocation plan. Substitute Motion by Mayor Pro Tem Davis seconded by Councilmember McKeown, to postpone the hearing on the ordinance until such time that staff is able to come back to Council with regards to: Conducting on -site appraisals of the units at the mobile home park; Considering the issues raised by the liquefaction report and provide Council with a more detailed response including, but not limited to, construction techniques required, additional costs, and how it would affect the viability of project; Providing greater detail about the option to relocate to Mountain View Mobile Home Park including, but not limited to, guaranteed pre - approval of residency, how spaces will be selected and /or assigned, tenancy termination, income qualification requirements, Mountain View regulations regarding pet ownership; and, explore the option of providing a larger relocation package to residents. The Applicant, Marc Luzzato, commented on the relocation benefits and liquefaction report. 2 November 14, 2012 Discussion ensued on the merits of the motion including relocation compensation and case management services for tenants. Substitute Motion by Mayor Pro Tern Davis, seconded by Councilmember McKeown. The motion failed by the following vote: AYES: Councilmember McKeown, Mayor Pro Tem Davis NOES: Councilmembers O'Connor, Holbrook, O'Day, Mayor Bloom ABSENT: Councilmember Shriver BREAD On order of the Mayor, the City Council recessed at 9:44 p.m. and reconvened at 10:01 p.m., with Councilmember Shriver absent. 2930 COLORADO AVE Planning staff member, Jing Yeo, read into the record the following CON BD. recommended additions to the proposed development agreement: 1. Adding language to option numbers 1, 3, 4 and 5. The statement would read "owner payment of $1500 for a personal property allowance"; 2. Adding language to option number 2, increasing the $18,500 amount to $20,000. The first line of item 2 would read "owner will make the greater of $20,000 or a lump sum cash payment based on..."; 3. Changes to item number 2 regarding the relocation procedure, including the procedure for claiming relocation benefits and obtaining advisory assistance. Additionally, the bullet point for the grievance procedure to be included in the notice of closure; 4. Adding language to the end of item number 6 of the relocation procedures referring to what occurs in the event that there are more Village Trailer Park (VTP) residents that qualify for Mountain View than there are spaces, stating "in the event that VTP residents cannot qualify to move to Mountain View, they will be provided first option for available spaces at the residual parcel."; 5. Adding the following language to Section 5.6.5: "nothing in this agreement shall be construed as a legal requirement imposed by the City pursuant to its police power to terminate existing tenancies at the Village Trailer Park." November 14, 2012 Davis, to require that the issuance of any technical city permits cannot happen until these claims have been resolved. The motion was not frie to the maker. Motion to amend by Mayor Bloom, to include all of the recommendations that staff put on the record. The amendment was considered friendly by the maker of the motion. The Applicant, Marc Luzzato, was invited by Council to address the various changes suggested. The Applicant agreed to the language as follows: • Personal property allowance of $1500 for each of options 1, 3, 4 and 5. • Increase option 2 from $18,500 to $20,000 • Modification regarding the relocation procedures • Amendment regarding VTP residents who cannot qualify to move to Mountain View. • The language added to Section 5.6.5 was also acceptable. Additional discussion ensued on the issuance of city permits. Motion to amend by Councilmember McKeown, to include the language `no building permit, no excavation permit, no grading permit shall be issued." The amendment was considered friendly by the maker of the motion. Additional discussion ensued on design issues. The original motion, as amended, was approved by the following vote: AYES: Councilmember O'Connor, Holbrook, O'Day, Mayor Bloom NOES: Councilmember McKeown, Mayor Pro Tern Davis ABSENT: Councilmember Shriver Councilmember McKeown stated for the record that his `no' vote reflects his opposition to the removal of vulnerable, senior homeowners for a project of questionable community benefit which is predicted to significantly and unavoidably increase traffic and does not move toward the expressed goal of `no net new PM' trips. Mayor Pro Tem Davis stated for the record that while she appreciates the concessions the developer has made, it is difficult to evaluate this part ( 4 November 14, 2012 relocation package without having the onsite appraisals and the relative value of the homes. Councilmember O'Day provided the following feedback to the developer and direction to the Architectural Review Board: o Ensure that the courtyard functions as open space and it is sufficient in bringing in sunlight o Ensure that the landscaping and materials activate the area so that it is usable space. • Direct the Architectural Review Board to take a good look at the materials and the form of the fagade of the buildings, so that there is adequate representation of each of the buildings. • Take a good look at landscaping. On order of the Mayor, Councilmember O'Day's direction to staff and the developer was included in the motion. Motion by Mayor Bloom seconded by Councilmember O'Connor, to authorize the budget changes as outlines in the Financial Impact and Budget sections of this report. The motion was approved by the following vote: AYES: Councilmember O'Connor, Holbrook, O'Day, Mayor Bloom, Mayor Pro Tern Davis NOES: Councilmember McKeown ABSENT: Councilmember Shriver On order of the Mayor, the City Council meeting was adjourned in memory of Susan Jeffers at 10:25 p.m. ATTEST: APPROVED: Sarah P. Gorman Rr�r&oomdj� City Cleric Mayor November 14, 2012