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CITY COUNCIL MINUTES
FEBRUARY 4, 2014
A special continued meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
6:36 p.m., on Tuesday, February 4, 2014, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Pam O'Connor
Mayor Pro Tem Terry O'Day
Councilmember Gleam Davis
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Tony Vazquez
Councihnember Ted Winterer
Also Present: City Manager Rod Gould
City Attorney Marsha Jones Moutrie
City Clerk Sarah P. Gorman
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:36 p.m., with all
members present. Councilmember Holbrook led the assemblage in the
Pledge of Allegiance.
ORDINANCES: 7 -A: Introduction and First Reading of an Ordinance approving the
168116812 ET Proposed Development Agreement 10DEV -002 to allow a mixed -use
project totaling 765,095 square feet consisting of 473 rental housing
units, 25 artist work/live units, approximately 374,434 square feet of
creative office space, approximately 15,500 square feet of restaurant
space, and approximately 13,891 square feet of retail space at 1681
26th Street; Certify the Final Environmental Impact Report prepared
for the project in accordance with CEQA; and adopt Resolution No.
10797 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE BERGAMOT
TRANSIT VILLAGE CENTER" and Resolution No. 10798 (CCS)
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MAKING FINDINGS NECESSARY TO
APPROVE THE BERGAMOT TRANSIT VILLAGE CENTER
PROJECT, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATION, AND MITIGATION MONITORING PLAN, was
presented.
1 February 4, 2014
Applicant /Property Owner: Hines 26th Street LLC
The public hearing, including public comment, was held and closed at the
January 28, 2014 meeting.
Considerable discussion ensued on topics including live /work lofts,
subdivision tract maps, vehicle miles travelled, trip generation, open space,
affordable housing, seismic issues, water usage, EIR parameters, and
parking.
Motion by Councilmember McKeown, seconded by Councilmember
Winterer, to direct staff to work with the applicant to come back with a
reduced project that replaces all the office above the first floor with
residential. The motion failed by the following vote:
AYES: Councilmembers McKeown, Winterer, Vazquez
NOES: Councilmembers Holbrook, Davis, Mayor Pro Tern O'Day,
Mayor O'Connor
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember
McKeown, to direct staff to go back to the applicant and come back to
Council with an analysis of a project of the same size in which the creative
office component of Building 42 is replaced with housing, to analyze the
various environmental impacts of a Tier 2 project of similar standards, not
to generate a certificate of occupancy for the creative office building before
a certificate of occupancy is issued for at least one of the residential
buildings, to adjust the creative office housing fee for inflation, and modify
the net zero energy language as presented by staff.
Motion to amend by Councilmember Winterer, to remove the Tier 2
analysis. The motion was friendly to the seconder.
The motion failed by the following vote:
AYES: Councilmembers Vazquez, Winterer
NOES: Councilmembers Davis, Holbrook, McKeown,
Mayor Pro Tern O'Day, Mayor O'Connor
ABSENT: None
Councilmember McKeown stated that he voted no that although he
seconded the motion for discussion he voted no because the proposal had
too much office space, too much traffic, too many acknowledged additional
trips, and it still has too little open space, too little housing and too little
affordability.
2 February 4, 2014
Motion by Councihnember Davis, seconded by Mayor Pro Tern O'Dav, to
direct staff to return as promptly as possible with a project with the staff
recommendation with the following changes: 1. Reduce the amount of
commercial by 42,217 square feet; 2. Eliminate the 180% of AMI category
of affordable housing, move all units proposed to be in the 180% AMI
category to 150% AMI category, and move units that are currently in the
150% AMI category down to the 130% category; 3. Include advanced
marketing and preferences to people who work in the area, include first
responders, teachers, nurses, and doctors; and 4. Modify the net zero energy
language as presented by staff.
Motion to amend by Councilmember Winterer, to adjust the creative office
housing fee for inflation. The motion was friendly to the maker and the
seconder.
Motion to amend by Councilmember Winterer, to modify the 2.0 average
vehicle ridership in creative office Building # 1 prior to implementation of
the trip cap triggered by completion of creative office Building # 2 to be
required rather than a goal or a target. The motion to amend was friendly
to the maker and seconder.
Motion to amend by Mayor Pro Tern O'Day, to reduce parking spaces on
the same percentage basis as the reduction in commercial square footage.
The motion to amend was friendly to the maker.
Councilmember Davis withdrew the original motion.
Motion by Councilmember Davis, seconded by Mayor Pro Tern O'Day, to
direct staff to revise the development agreement, with the following
revisions: changing the affordability of the units by eliminating the units at
180% AMI, moving those units to the 150% AMI category, moving those
units currently in the 150% AMI to 130% AMI; performing advanced
marketing for first responders, including teachers and hospital and
healthcare workers and area employees; update the energy lifecycle
feasibility language; indexing the creative office housing fee for inflation;
and requiring 2.0 average vehicle ridership for creative office Building No.
1 prior to the trip cap.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Davis, Mayor Pro Tern O'Day,
Mayor O'Connor
NOES: Councilmembers McKeown, Winterer, Vazquez
ABSENT: None
3 February 4, 2014
Council recessed temporarily at 9:52 p.m. and reconvened at 11:56 p.m,
with all members present.
Staff member Jing Yen discussed changes to the Errata and Development
Agreement.
Motion by Mayor Pro Tem O'Day, seconded by Councilmember Davis, to
adopt Resolution No. 10797(CCS) entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE
BERGAMOT TRANSIT VILLAGE CENTER," including errata as
distributed and described by staff, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Mayor Pro Tem O'Day,
Mayor O'Connor
NOES: Councilmembers Vazquez, Winterer, McKeown
ABSENT: None
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Day,
to adopt Resolution No. 10798 (CCS) entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS NECESSARY TO APPROVE THE BERGAMOT TRANSIT
VILLAGE CENTER PROJECT, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATION, AND MITIGATION MONITORING
PROGRAM," including errata as distributed and described by staff, reading
by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Davis, Mayor Pro Tem O'Day,
Mayor O'Connor
NOES: Councilmembers McKeown, Winterer, Vazquez
ABSENT: None
Motion by Mayor Pro Tem O'Day, seconded by Councilmember Davis, to
introduce the ordinance for first reading as modified, which approves the
proposed new development agreement, in accordance with the findings.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Holbrook, Mayor Pro Tem O'Day,
Mayor O'Connor
NOES: Councilmembers Vazquez, Winterer, McKeown
ABSENT: None
4 February 4, 2014
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Councilmember McKeown stated that he voted no on the motion because
he believes the project as passed will be unacceptable to the community, is
too big, has too little housing, has too little affordability and has too little
open space.
On order of the Mayor, the City Council meeting was adjourned at 12:08
a.m. in memory of Betty Smith Mueller and Anne Mayer Heyer.
ATTEST:
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Sarah P. Gorman
City Clerk
APPROVED:
Pam O'Connor
Mayor
February 4, 2014