m20170710.spe.pdfCITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 10, 2017
A special meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:32 p.m., on
Monday, July 10, 2017, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:00p. m)
Councilmember Terry O'Day (arrived at 6:43 p, m)
Absent: Councilmember Tony Vazquez
Also Present: City Manager Rick Cole
Interim Assistant City Attorney Alan Seltzer
City Clerk Denise Anderson -Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all
members present except Councilmembers Vazquez, O'Connor and O'Day.
Assistant City Manager Elaine Polachek led the assemblage in the Pledge
of Allegiance.
CLOSED SESSIONS There was no one present for public comment on closed sessions.
Councilmember O'Connor
arrived at 6:00p.m. On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 6:37 p.m., with all members present, except
Councilmember O'Connor Councilmembers Vazquez, O'Day, and O'Connor to report the following:
was excused at 6:37 p.m.
LA. Conference with Legal Counsel — Existing Litigation: Litigation
has been initiated formally pursuant to Government Code Section
54956.9 (d)(1): Airbnb, Inc. and Homewaway.com, Inc. v. City of
Santa Monica, United States District Court, Central District of
California, Western Division, Case Numbers 2:16-cv-6645, 2:16-cv-
6641
The Interim City Attorney advised this matter was heard with no reportable
action taken.
I.B. Conference with Legal Counsel — Existing Litigation —
California Regional Water Quality Control Board, Clean Up and
Abatement Order No. R4-2008-0034, Former Gillette Paper Mate
I July 10, 2017
Facility, 1681 26th Street, Santa Monica, CA (modification of
settlement agreement with Proctor & Gamble Company and Gillette
Company)
The Interim City Attorney advised Council to authorize the City Manager
to execute documents to modify the Settlement Agreement with Gillette
and Proctor & Gamble so that Gillette and Proctor & Gamble will pay the
City by July 28, 2017the sum of $10,400,000, instead of the cumulative
total amount of $13,149,850 over the next 22 years.
to accept settlement Agreement No. 16,488 (CCS) modification in the
amount of $10,400,000 from Proctor & Gamble Company and Gillette
Company. The motion was approved by the following vote:
AYES: Councilmembers McKeown, Himmehich,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers O'Connor, O'Day, Vazquez
1.C. Conference with Legal Counsel — Existing Litigation —
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Pico Neighborhood Association, Maria Loya and
Advocates for Malibu Public Schools v. City of Santa Monica, Los
Angeles Superior Court Case Number BC 616 804
I.D. Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4): 1 case
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.D. Conference with Legal Counsel — Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9 (d)(4): 1 case
The Interim City Attorney advised this matter was heard with no reportable
action taken.
REPORT ON COUNCIL There was nothing to report on Council travel.
TRAVEL
STAFF 9.A. The Final Public Hearing Draft Downtown Community Plan
ADMINISTRATIVE and Associated Amendments to the Land use and Circulation Element,
ITEMS: Civic Center Specific Plan, Zoning Ordinance, SMMC Chapter 9.53
Downtown Community Plan and SMMC Article 8, was presented.
Recommended Action
2 July 10, 2017
Councilmember O'Connor Staff recommends that the City Council review and take action to make
returned at 6:41p. m. final changes to the following:
1. Final Public Hearing Draft Downtown Community Plan;
Councilmember O'Day 2. Downtown Community Plan Final Environmental Impact Report;
arrived at 6:43 p.m. 3. Associated amendments to the Land Use and Circulation Element;
4. Associated amendments to the Civic Center Specific Plan;
5. Associated amendments to the Zoning Ordinance;
6. Associated amendments to SMMC Chapter 9.53 (Transportation
Demand Management);
7. Associated amendments to Article 8, Section 8.08.060 (Building
Regulations)
Staff further recommends that Council direct staff to return on July 25,
2017 with resolutions to certify the EIR, adopt a Statement of Overriding
Considerations, adopt the DCP, amend the LUCE, amend the CCSP, and
first reading of an ordinance amending the Zoning Ordinance, SMMC
Chapter 9.53, and SMMC Chapter 8.08, incorporating all changes made by
majority vote of the Council after the public hearing.
Questions asked and answered of staff included: is Council deciding the
fate of certain site projects tonight; a question about the number of
minimum affordable housing that is required for developments in this plan;
Is there a magic number to balancing out the FAR numbers; why would we
not want to balance out the FAR in the Downtown district like the city has
for other districts; why would there be a cap on the maximum number
allowable for affordable housing; parking questions with regard to
expanding the in -lieu fees, are there any thoughts to using that fee towards
buying private parking spaces or other ways to reduce parking; can legal
respond to questions raised about the EIR, increased affordability,
artist/work live housing, priority to allow residents for those who work in
Santa Monica as part of the downtown plan; address displaced residents,
will units be replaced for those who lose their units; car share options; how
much of the parking from the hotels can be in a centralized parking location
that doesn't create big digging projects for underground parking; parking
maximums, and what that should be, and provide incentives; 4th and 5th and
Arizona project; and, shared parking downtown to facilitate allowing
private property to allow parking instead of the developer providing
parking.
Members of the public Corin Kahn, Scott Schonfeld, Daniel Shenise, Jerry
Rubin, Julia Ladd, Laurel Rosen, Colby Goff, Carl Lisberger, Hunter Hall,
Danny Shapiro, Danielle Wilson, Francis Engler, Maria Cortez (time
donated by Jordan Greenslade), Jackie Martin, Ismelda Reyes (time
donated by Nellie Ruiz), Donald Wilson, Devin Osiri, Reverend William
Smart, Andre Thibodeaux, Abby Arnold, Daryl Forman, Edith Garcia (time
donated by Joe Silva), Bill Dawson, Christina Navarro (time donated by
Maggie Valenzuela), Matt Mullenaux, Gabriella Rosco (time donated by
JC Arce), Michael Baroff, Dwight Flowers, Rayru Laborde, Natalya
3 July 10, 2017
Zemislaya, Gary Kavanagh, Rod Fisher, George Ruiz, Leonora Yettes,
Gigi De Pourteles, George Gleason, Fred Zimmerman, Ellis O'Connor,
Dustin Peterson, Alisha Reinhart, Juan Matute, Ann Guerboian, Eddie
Guerboian, Jaclyn Durante, Michael Folonis, Bill Whitney, Jason Horn,
Jason Islas (time donated by Rocksand Revine), Ebin Gibbins, Denny
Zane, Mary Marlow, Kevin Kozal, Tim Hartes, Kenneth Kutcher, Paula
Larmore, Gary Parker, Deborah Roetman, Babak Mozzafard, Zina
Josephs, Jessica Ginther, Valerie Griffin, Lewis Perkins, Jennifer
Polhewius, Maryanne LaGuardia, Shaun Boylan, Patricia Jardach, Bruria
Finkel, Jan Williamson, Lenore Morrell, Ron Miller, Johnson Thurston,
Richard Hilton, Hannah Levy, Dave Rand, Carl Hansen, Mike Salazar
(time donated by Michele Perrone), Sara Faulds, Brian Derro, Carol
Lemlein, Judy Abdo, and John Warfel, spoke on the recommended action,
including addressing the need for more affordable housing, adding a park in
the plan, issues with the FIR, adding Wilshire and Lincoln to the plan,
height limits, reducing parking, office uses, preservation, density,
Members of the public John C. Smith, Phillip Schwartz, Hanle Koning,
Beth Hummer, Gwynne Pugh, Denise Barton, Cindy Bendat, Richard
Orton, Andrew Kavros, Daniel Jansenson, Lauren Pauli, Nikki Kolhoff,
Diana Gordon (time donated by Nancy Morse), Kathy Knight, Cosmo Bua,
Robin (Lauren) Derby, Josephine Wallace, Nancy Coleman, Ellen Brennan,
Stephen Martin, Anne Rogers, Ellen Hannan, Cynthia Rose, Ron Goldman
(time donated by Catherine Eldridge), Lori Brown, Dhun May, and Steve
Linett spoke generally in opposition to the recommended action, and
provided suggestions, improvements, and expressed concerns about the
proposed plan.
On order of the Mayor, the Public Hearing was closed, and this item was
continued to Tuesday, July 11, 2017,
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:16
a.m., and continued to Tuesday, July 11, 2017, at 6:30 p.m.
ATTEST:
Denise Anderson -Warren
City Clerk
El
PROVED:
JAM &',
Ted Winterer
Mayor
July 10, 2017