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m20160126 .pdfCITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 26, 2016 A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:41 p.m., on Tuesday, January 26, 2016, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Tony Vazquez Mayor Pro Tem Ted Winterer Councilmember Gleam Davis Councilmember Sue Hirnmelrich Councilmember Kevin McKeown Councilmember Pam O'Connor Councilmember Terry O'Day Also Present: City Manager Rich Cole City Attorney Marsha Jones Moutrie Acting City Cleric Denise Anderson -Warren CONVENE On order of the Mayor, the City Council convened at 5:41p.m., with all members present. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:43 p.m., to consider closed sessions and returned at 6:59 p.m., with all members present, to report the following: I.A. Conference with Legal Counsel -Claim of RCSM LP dba Chinois on Main against the City of Santa Monica, City Claim Number 15-0848 The City Attorney reported that this was a sewer backup matter, and recormnended a settlement in the amount of $25,000. Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve Settlement No. 10246 (CCS), in the amount of $25,000. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None January 26, 2016 I.B. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): National Business Aircraft Association, et al. v. City of Santa Monica, CAA Docket No. 16-14-04 The City Attorney advised this matter was heard with no reportable action taken. I.C. Conference with Legal Counsel - Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) - 1 case - Part 16 re leasing policy, landing fees and loans The City Attorney advised this matter was heard with no reportable action taken. 1.1). Conference with Legal Counsel - Potential Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (d)(4) -1605 Ocean Front Walk The City Attorney advised this matter was heard with no reportable action taken. LE. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): Mahgerefteh v. City of Santa Monica, Los Angeles Superior Court Case Number BC 541 384 The City Attorney reported that this was a trip and fall case, and recommended a settlement in the amount of $75,000. Motion by Councilmember Davis, seconded by Councilmember O'Day, to approve Settlement No. 10247 (CCS), in the amount of $75,000. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None I.F. Conference with Real Property Negotiator. Property: 1318 — 1320 Fourth Street. City Negotiators: Andy Agle, Director of Housing and Economic Dev. Alan Kotin, ADK and Associates Under Negotiation: Ground Lease Terms Owner of Record: City of Santa Monica 2 January 26, 2016 The City Attorney advised this matter was heard with no reportable action taken. 1.G. Consideration of the City Cleric Appointment and Process The City Attorney advised this matter was heard with no reportable action taken. 1.11. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): City of Santa Monica v. United States of America, et al., United States Court of Appeals for the Ninth District Case Number 14- 55583 The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA 2.A. City Manager's Report - Update on the Pico Branch Library, was ITEMS • presented. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and People of California commented on various Consent Calendar items. At the request of staff, Items 3-I1, 3-1, were removed from the Consent Calendar, with consensus from Council. Motion by Councilmember O'Connor, seconded by Ma or Pro Tem _Winterers to approve the Consent Calendar except for Item 3-H and 3-1, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None TIMEKEEPING AND 3.A. Fourth Modification to Agreement #8417 (CCS) with Kronos, ATTENDANCE SYSTEM Inc. for software licensing and upgrade services and Third Modification to Agreement 48434 (CCS) with Kronos, Inc., for software maintenance and support services, was approved. Recommended Action Staff recommends that the City Council: 1) Authorize the City Manager to negotiate and execute a fourth 3 January 26, 2016 modification to agreement #8417 (CCS) in the amount of $85,179 with Kronos, Inc., a Massachusetts-based company, for 200 additional''. employee software licenses for Citywide use and upgrade services for Kronos, the City's electronic timckeeping and attendance system used by all departments and to implement an upgrade of Workforce TeleStaff (TeleStaff), event -based employee scheduling software used by the Fire Department. The term of the contract remains unchanged at 15 years, ending June 30, 2020. The new amended total contract amount will not to exceed $465,179, with future year funding contingent on Council budget approval; 2) Authorize the City Manager to negotiate and execute a third modification to agreement 48434 (CCS) in the amount of $74,000 (including a 10% contingency) with Kronos, Inc., for maintenance and support services for Kronos and TeleStaff. The term of the contract remains unchanged at 15 years, ending June 30, 2020. The new amended total contract amount will not to exceed $1,202,653, with future year funding contingent on Council budget approval. AIRPORT PARK 3.11. Airport Park Expansion Award of Design Agreement, was EXPANSION approved. Recommended Action Staff recommends that the City Council: 1. Award Request for Proposals (RFP) HSP2422 to Rios Clementi Hale Studios (RCH), a California-based company, for the feasibility study and design of the Airport Parc Expansion Project. 2. Authorize the City Manager to negotiate and execute a Feasibility Study Agreement No. 10238 (CCS) with Rios Clementi Hale Studios in an amount not to exceed $211,200 (includes a 10% contingency) for the feasibility study portion of the Project, 3. Authorize the Director of Public Works to issue any necessary modifications to complete additional work within budget authority. WAXFINDING PROJECT 3.C. Professional Services Agreement Modification for Graphic Design Services with Seibert Perkins Design for Wayfinding Project, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute Agreement No. 10239 (CCS) in the amount of $100,000 with Selbei:t Perkins Design, a California-based company, for graphic design services for design of Downtown Parking Wayfinding Signage and Citywide First Mile - Last Mile Signage. This will result in a five year amended contract/agreement with a new total amount not to exceed $179,900; 2. Authorize budget changes as outlined in the Financial Impact and Budget Actions section of this report. 4 January 26, 2016 CLIMATE ACTION AND 3.D. Approve selection of DNV-GL and authorize the City Manager ADAPTION PLAN to execute a contract not to exceed $226,578 (including contingency), was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #60 to DNV-GL, a Norwegian -based company with offices in California, for the development of the Santa Monica Climate Action and Adaptation Plan; 2. Authorize the City Manager to negotiate and execute professional service Agreement No. 10240 (CCS) with DNV-GL, in an amount not to exceed $226,578 (including a $20,598 contingency). NATURAL GAS 3.E. Bid Award for One Compressed Natural. Gas Rear Load Refuse VEHICLES Paclfer Vehicle, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid 44224 to Los Angeles Freightliner, a California-based company for the purchase of one compressed natural gas rear load refuse packer vehicle. 2. Authorize the Purchasing Services Manager to issue apurchase order with Los Angeles Freightliner for one compressed natural gas rear load refuse packer vehicle in an amount not to exceed $301,653. CITY YARD CONCEPT 3.F. Modification to Agreement with Hathaway Dinwiddie DESIGN Construction Company for the City Yards Stage 1, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement No. 10145 (CCS) in the amount of $115,000 with Hathaway Dinwiddie Construction Company (HDCC), a California-based company, for additional scope of work to complete the feasibility analysis and concept design phase. This would result in a new total amount not to exceed $502,200. 2. Authorize the Director of Public Works to issue any necessary modifications to complete the work within budget authority. MEDICAL SERVICES 3.G. Medical Services for Arrestees, was approved. FOR ARRESTEES Recommended Action Staff recommends that the City Council take the following actions: 1) Authorize the City Manager to negotiate and execute professional service agreement No. 10241 (CCS), with Vital Medical Services, LLC, a California-based company, for in- house medical service provisions for arrestees. This is a contract in an amount not to exceed 5 January 26, 2016 $150,000 with future year funding contingent on Council budget approval. 2) Authorize the City Manager to negotiate and execute professional service agreement No. 10242 (CCS), with UCLA Santa Monica Hospital and Palm Drive Medical Group, a California-based company, to provide emergency room medical services to atTestees. This is a contract in an amount not to exceed $50,000 with future year funding contingent on Council budget approval. HOUSING PROGRAMS 3.1=1. New and Amended Housing Programs: Housing Opportunity Utilizing Subsidy Enhancements (HOUSE), Revisions to the Affordable Housing Production Program Administrative Guidelines, and Amendment to TORCA Homeownership Loan Terms, was withdrawn by staff. Recommended Action Staff recommends that the City Council: 1. Approve the proposed HOUSE program parameters for incentives outlined in Attachment A, regarding a pilot program intended to maintain and increase opportunities for households with housing vouchers; 2. Approve the revised Administrative Guidelines to the Affordable Housing Production Program, as redlined in Attachment B; and 3. Authorize the City Manager to approve an amendment to the TORCA� loan term of any remaining borrower, upon request and subject to an evaluation regarding repayment feasibility and continued income_` eligibility of the borrower, converting the existing 20 -year or 30 -year term to a term requiring full repayment upon sale or transfer of the condominium. STATEMENT OF 3.1. Statement of Official Action denying appeal 15ENT-0321 and OFFICIAL ACTION upholding the Joint Design Review Body's denial of Building Design, Colors, Materials, and Landscape Plans for 14ARB-173 for the construction of a new 271 -room hotel and 15,210 square feet of ground floor retail/restaurant space at 710 Wilshire Boulevard, was withdrawn by staff. Recommended Action Staff recommends that the City Council approve the attached Statement of Official Action denying Appeal 15ENT-0321 and upholding the Joint Design Review Body's denial of Building Design, Colors, Materials, and Landscape Plans for 14ARB 173 for the construction of a new 271 -roam hotel and 15,210 square feet of ground floor retail/restaurant space at 710 Wilshire Boulevard. 6 January 26, 2016 SUPPORT FOR PERMIT 3.1 Amendment to Professional Services Agreement to Provide COMPLIANCE Support Services for MS4 Discharge Permit Compliance, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute to professional services agreement No. 10243 (CCS) in the amount of $85,000 with California Watershed Engineering (CWE), a California-based company, to continue providing support services for compliance with the Municipal Separate Storm Sewer System (MS4) discharge permit. This will result in a four-year amended agreement with a new total amount not to exceed $150,000. SOFTWARE 3.K. Software Maintenance and Support Services Contract Renewal MAINTENANCE FOR for the Housing Authority, was approved. HOUSING Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute contractual service Agreement No. 10244 (CCS) with HAPPY Software Inc. (HAPPY), a New York -based company, for ongoing software maintenance and support services of HAPPY's full suite of Housing Pro 8 Software. The proposed amount for the three-year contract would not exceed $60,000, with future -year funding contingent on Council budget approval. WATER FUNDING 3.L. Application for Funding for the Santa Monica Sustainable Water PROGRAMS Infrastructure Project (SWIP), California Clean Water State Revolving Fund and Proposition I Funding Programs, was approved. Recommended Action Staff recommends that the City Council: 1. Adopt Resolution No. 10930 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO APPLY FOR CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FUNDING AND TO NEGOTIATE A FUNDING AGREEMENT," in the amount of approximately $57,050,000 from the Clean Water State Revolving Fund and Proposition 1 Funding Programs. 2. Authorize the City Manager to execute all necessary documents to apply and negotiate for funding. DOWNTOWN SPECIFIC 3.M. Amendment to Provide Additional Scope of Work for completing PLAN the Downtown Specific Plan, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to professional services agreement No. 9476 in the amount of $250,000 with Torti Gallas and Partners, Inc. a Maryland based company, for additional scope of work 7 January 26, 2016 related to the Downtown Specific Plan. This will result in a 5 year amended contract/agreement with a new total amount not to exceed $905,500. CONFLICT OF 3.N. Resolution Repealing Number 10796 (CCS) and Amending the INTEREST RESOLUTION City's Conflict of Interest Code to Revise the Designated Positions for Which Statements of Economic Interest are Required to be Filed, was adopted. Recommended Action Staff recommends that the City Council update the City's Conflict of Interest Code by adopting proposed Resolution No. 10931 (CCS). TRANSPORTATION 3.0. Award of Transportation Management Organization Consultant MANAGEMENT Contract, was approved. ORGANIZATION Recommended Action Staff recommends that the City Council: 1. Award RFP#51 to Steer Davies Gleave, a London-based company, for the provision of professional services for the development and activation of a Transportation Management Organization. 2. Authorize the City Manager to negotiate and execute Contract No. 10245 (CCS) with Steer Davies Gleave, in an amount not to exceed $785,000 for three years, with two additional one-year renewal options at $250,000 per year, on the same terms and conditions for a total amount not to exceed $1,285,000 over a five year period, with future year funding contingent on Council budget approval. 3. Authorize budget changes as outlined in the Financial Impact & Budget Action section of this report. ORDINANCES: 7.A. Second Reading And Adoption Of Ordinance No. 2509 (CCS) MINIMUM WAGE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.62 TO THE. SANTA MONICA MUNICIPAL CODE REQUIRING A MINIMUM WAGE FOR EMPLOYEES, AND ADDING CHAPTER 4.63 TO THE SANTA MONICA MUNICIPAL CODE REQUIRING A LIVING WAGE FOR HOTEL WORKERS", was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Himmelrich, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: 9 January 26, 2016 AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSTAIN: Councilmember O'Connor STAFF 8.A. Recommendation to Name Buffer Park, was presented. ADMINISTRATIVE ITEMS: Recommended Action NAMING BUFFER PARD Staff recommends that the City Council consider recommendations from the Recreation and Parks Commission for a permanent name for Buffer Park and move forward with the name Gandara Park. Members of the public Christal Anderson (time donated by Matthew Davis), Miriam Adams (time donated by Hannah Adams), People of California, Jerry Rubin, Art Casillas, and Phil Brock, commented on the recommended action. Considerable discussion ensued on topics including, but not limited to, going through the public hearing process when renaming Stewart Street Park, including other possible featured areas of the Buffer Paik that could be named with a second name. Motion by Councilmember McKeown seconded b Councilmember Himmelrich, to name Buffer Park Ishihara Park, and concurrently give direction to staff to return with a Resolution renaming Stewart Park as Gandara Park, and further schedule opening both parks on the same day. Clarification was given that before returning to Council, staff direction includes a full public hearing process with neighbors around both parks, including returning to the Recreation and Parks Commission. Councilmember McKeown, modified his nrotion to indicate the formal naming of either park won't happen until the Resolution returns to Council. The motion was considered friendly to the seconder. AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: Councilmember O'Connor ABSENT: None Councilmember O'Connor stated for the record that she voted. No because she felt like Council was giving direction and it should be a much more open process than what it seems to be. REDEVELOPMENT On order of the Mayor, the City Council convened to a regular meeting of SUCCESSOR MEETING the Redevelopment Successor Agency at 7:57 p.m., with all members present. 9 January 26, 2016 REPORT ON MEETING Pursuant to State law, Acting City Clerk Denise Anderson -Warren COMPENSATION announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency. SUCCESSOR AGENCY S.B. Approval of minutes for the September S, 2015 Redevelopment MINUTES Successor Agency meeting, were presented. There were no members of the public present. Motion by Agency Member O'Connor, seconded by Agency Member McKeown, to approve minutes, as presented. The motion was approved by the following vote: AYES: Agency Members McKeown, Davis, HimmeIrich, O'Day, O'Connor, Chair Pro Tem Winterer, Chair Vazquez NOES: None ABSENT: None ADJOURNMENT OF On order of the Chair/Mayor, the regular meeting of the Redevelopment SUCCESSOR AGENCY Successor Agency was adjourned at 7:57 p.m. MEETING SPECIAL JOINT On order of the Mayor, the City Council convened to a joint meeting with MEETING the Housing Authority, and Redevelopment Successor Agency at 7:57 p.m., with all members present. REPORT ON MEETING Pursuant to State law, Acting City Clerk Denise Anderson -Warren COMPENSATION announced that Council will receive $50 for meeting as the Housing Authority, and no compensation as the Redevelopment Successor Agency. MIDYEAR BUDGET S.C. Financial Status Update and FY 2015-16 Midyear Budget, Position and Compensation Changes, was presented. Mayor Vazquez was excused Recommended Action at 8:25 p. nT. Staff recommends that the City Council, Housing Authority, and Successor Agency to the Santa Monica Redevelopment Agency: 1. Appropriate FY 2015-I6 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2016- 17 budget plan as detailed in Attachment A. Staff also recommends that the City Council: 1. Receive the FY 2015-16 through FY 2019-20 Financial Status Update; 2. Adopt Resolution No. 10932 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICAi ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR ANIMAL CONTROL SUPERVISOR, 10 January 26, 2016 ASSISTANT CHIEF INFORMATION OFFICER, ASSISTANT CITY MANAGER, DIRECTOR OF SPECIAL PROJECTS FOR INFORMATION SERVICES, FORENSIC SUPERVISOR, HUMAN SERVICES ADMINISTRATOR- YOUTH AND FAMILIES, HVAC ASSISTANT, HVAC CREW LEADER, HVAC TECHNICIAN, LEAD ANIMAL CONTROL OFFICER, LEAD SYSTEMS ANALYST- PUBLIC SAFETY, MOBILITY DIVISION MANAGER, POLICE CHIEF, PRINCIPAL TRAFFIC ENGINEER, SENIOR ADVISOR- MUNICIPAL POLICIES, PROCEDURES AND INNOVATION, SENIOR LIFEGUARD, SWIM INSTRUCTOR/POOL LIFEGUARD, TRANSIT CHIEF ADMINISTRATIVE OFFICER, TRANSIT COMMUNITY ENGAGEMENT COORDINATOR, TRANSIT COMMUNITY ENGAGEMENT OFFICER, TRANSIT PLANNING AND COMMUNITY ENGAGEMENT MANAGER, AND TRANSIT TECHNOLOGY ADMINISTRATOR" 3. Approve the position and classification changes detailed in Attachment C; 4. Adopt Resolution No. 10933 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, SETTING CIVIL PENAL TIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF PENAL TIES, SETTING FINES FOR POLICE AND FIRE DEPARTMENT RESPONSES TO EXCESSIVE FALSE FIRE ALARMS, AND SETTING FINES FOR THE SANTA MONICA PUBLIC LIBRARY; 5. Approve the discontinuance of the $25 non-resident library card fee; 6. Authorize the City Manager to accept a grant awarded in the amount of $1,613,000 from the California Department of Transportation (Caltrans) Active Transportation Program for the Expo Station 41h Street Linkages project, and to accept all grant renewals; 7. Authorize the City Manager to accept a grant awarded in the amount of $987,000 from the California Department of Transportation (Caltrans) Active Transportation Program for the Michigan Avenue Greenway project, and to accept all grant renewals; 8. Provide direction on expansion of the City's aquatics program to include programing at Lincoln Middle School; and 9. Receive public comment on federal Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program funds. Members of the public Jerry Rubin, Denise Barton, Carol Lehlein, People of California, and Katherine Sheldon, commented on the recommended action. 11 January 26, 2016 Considerable discussion ensued on topics including, but not limited to, adding a new kind of first responder for Housing concerns, as tenants are threatened with eviction, and have no support, land banking, support eliminating the Library fee, Motion by Commissioner/Agency/Councilmember McKeown, seconded by Commissioner/Agency/Councilmember Davis, to approve staff recommendation, and add to the recommendation a direction to staff to explore and propose specifics for a Housing Crisis First Responder Team. Commissioner/Agency/Councilmember Davis proposed to set aside funds available for possible land banking, which could advance our goal of affordable housing, and providing diversity in housing in our community. Motion by Commissioner/Agency/Councilmember McKeown, seconded by Comm issi oner/Aenc /Councilmember Davis, to Appropriate FY 2015-16 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2016-17 budget plan as detailed in Attachment A. The motion was approved by the following vote: AYES: Commissioner/Agency/Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Vice Chair/Chair/Mayor Pro Tenn Winterer NOES: None ABSENT: Chair/Mayor Vazquez Motion by Commissioner/Agency/Councilmember McKeown, seconded by Commissioner•/Agency/Councilmember Davis, to receive the FY 2015-16 through FY 2019-20 Financial Status Update. The motion was unanimously approved by voice vote, with Chair/Mayor Vazquez absent. Motion by Commissioner/Agency/Councilmember McKeown, seconded by Commissioner/Agency/Councilmember Davis, to adopt a resolution establishing classification and salary rates for various positions detailed in Attachment B, and approve the position and classification changes detailed in Attachment C. The motion was approved by the following vote: AYES: Commissioner/Agency/Counciln-embers McKeown, Davis, Himmelrich, O'Day, O'Connor, Vice Chair/Chair Pro Ter /Mayor Pro Tem Winterer NOES: None ABSENT: Chair/Mayor Vazquez Motion by Commissioner/Agency/Councilmember McKeown, seconded by Commissioner/Agenc ry/Councilmember Davis, to Adopt a resolution of the City of Santa Monica setting forth the administrative citation schedule o 12 January 26, 2016 fines for certain violations of the Santa Monica Municipal Code, setting civil penalties for parking violations and for the late payment of penalties, setting fines for Police and Fire Department responses to excessive false fire alarms, and setting fines for the Santa Monica Public Library detailed in Attachment D; and approve the discontinuance of the $25 non-resident library card fee. The motion was approved by the following vote: AYES: Commissioner/Agency/Councilmembers O'Connor, O'Day, Himmelrich, Davis, McKeown, Vice Chair/Chair Pro Tem/Mayor Pro Tem Winterer NOES: None ABSENT: Chair/Mayor Vazquez Motion by Commissioner/A enc /Councilmember McKeown seconded.by Commissioner/Agency/Councilmember Davis to approve the remainder of the recommended action, including authorizing the City Manager to authorize two grant awards from CalTrans. The motion was approved by the following vote: AYES: Commissioner/Agency/Councilmembers Davis, Himmelrich, O'Day, O'Connor, McKeown, Vice Chair/Chair Pro Tem/Mayor Pro Tem Winterer NOES: None ABSENT: Chair/Mayor Vazquez Direction was given to staff with consensus of the Council to proceed with the Aquatics Program expansion for Lincoln Middle School, and submit the Mt. Olivette project as a park through the Capital Improvement Process. ADJOURNMENT OF On order of the Chair/Mayor, the joint meeting of the City Council, Housing SPECIAL JOINT Authority and the Redevelopment Successor Agency was adjourned at 8:44 MEETING p.m., and the regular City Council was reconvened at 8:45 p.m., with Mayor Vazquez absent. FLOAT -UP FOR MOVIE 8.D. Discussion of Concept Pians and Conceptual Business Terms THEATRE ON 4Tu associated with a Development Agreement (15ENT-0225) for the STREET development of a new multi -screen movie theater and retail/restaurant project located at 1318-1320 Fourth Street, was presented. Recommended Action Staff recommends that the City Council: 1. Discuss the applicant's Development Agreement Concept Plans and direct staff to initiate the Development Agreement negotiation process; 2. Provide direction for negotiating potential community benefits, parameters for site redevelopment, and design alternatives identified by 13 January 26, 2016 the Planning Commission and staff; 3. Review and comment on the conceptual business terms and direct staff to initiate the negotiations on the Disposition and Developmcnt Agreement and Ground Lease Agreement for the project. Members of the public Jerry Rubin, Jennifer Suthard, Madeliene Gaidzik, Andrew Lee, Natalya Zernitskaya, Jeramy Stutes, Carl Hansen, Emily McCarron, Michael Mastroiann, Michael Toney, Kathleen Rawson (time donated by Steven Welliver), and Nanci Linke Ellis spoke generally favorable of the recommendation. Members of the public Ellen Brem-ien, Mary Marlow, Andrew Hoyer, and Scott Sconfeld spoke generally in opposition to the recommendation. Questions asked of staff including, the benefit of having a movie theatre in the downtown area as opposed to the theatre being located in the mall; difference between seats and screens; why build such large theatres instead of smaller intimate theatres that could produce 50% occupancy instead of 19%; cost to retrofit Parking structure 3, if the City decides not to go through with this project; revenue difference between maintaining a parking structure versus having a movie theatre; movie spending; and what would happen to Parking Structure 1. Considerable discussion ensued including, but not limited to, opposition to the project for economic reasons, $ l OOK a year versus $1 million a year as a parking structure, not a good use of public land; City not getting a percentage of the retail is a problem, staff needs to renegotiate; no access to the alleyway; risk involved in a 10 year lease not being long enough, the City needs more assurances; will increase the foot traffic on 4'h Street; Parking structure will cost $3 million to perform seismic retrofitting, if retained as a parking structure; parking revenue will move to other parking structures, but the city will not lose revenue; concern about what will happen to the building, if the movie theatre goes away; movie theatres can be an economic revitalization for an area; this project is in a wrong location; a parking analysis needs to be completed; and, a thorough financial analysis needs to be done, if this project moves forward. Motion by Councilmember O'Day, seconded by Councilmember Davis, to approve staff recommendation, and direct staff to seek protections against the shutdown of a theatre, and to participate in the success of the retail space. There also needs to be a viable solution for the alley issue. 14 January 26, 2016 Councilmember McKeown proposed a friendly amendment to ascertain that the city receive a percentage of the retail, and needs a commitment for a longer period of time. He proposed a 20 year operating agreement. The motion was countered by the maker and seconder to a commitment of at least 15 years of the operating agreement, and some participation in the retail rent. Motion by Councilmember O'Day, seconded by Councilmember Davis, to direct staff to initiate the negotiations on the Disposition and Development Agreement and Ground Lease Agreement for the project, with specific direction to staff for a successful negotiation for a percentage of the retail rents, and operating covenant for the theatre operation of at least 15 years, and further exploration of the possibility of an alley connection. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Davis, Mayor Pro Tem Winterer NOES: Councilmembers Himmelrich, McKeown ASSENT: Mayor Vazquez Councilmember McKcown stated for the record that his No vote was not the issue of money, but rather the equitable risk, and he didn't have the information tonight to convince him to roll the community's dice. D.A. COMPLIANCE S.E. Annual Development Agreement Compliance Review, was REVIEW presented. Recommended Action Staff recommends that the City Council: 1) Review the status of Development Agreement compliance 2) Determine good faith compliance for those that are in compliance Member of the public Mary Marlow commented on this item. Questions were asked of staff regarding who decides the methodology to make sure companies are in compliance, and what steps can be made towards enforcement to get compliance; and, whose responsibility is it for affordable housing compliance. Staff and the City Manager responded to Council. Discussion ensued including, but not limited to, the affordable housing component not included in this compliance report, better ways to improve transparency in staff reports, the investment in Measure R was approved so that a land use/transportation connection could be in order to reduce greenhouse gases, and provide more options to get around the County. Motion by Councilmember Himmelrich seconded by Councilmember McKeown, to accept the Development Agreement Compliance Review for 15 January 26, 2016 those in good faith compliance, with the caveat on the affordable housing projects, because there was no one from the Housing Department present, follow-up is needed on any of the projects that contain an affordable housing obligation. Give staff direction to return in two months on what the City is proposing to be required of Agensys in order for the company to be in compliance. The motion was approved by the following vote: AYES: Councilmembers Davis, Himmelrich, O'Day, O'Connor, McKeown, Mayor Pro Tem Winterer NOES: None ABSENT: Mayor Vazquez BOARDS/COMMISSIONS: 13.A. Appointment to one annual vacancy on the Clean Beaches Ocean CLEAN BEACHES Parcel Tax Citizens Oversight Committee for a term ending on 12/31./2017, was continued to the February 23, 2016 meeting. COUNCILMEM13ER 13.B. Request of Mayor Vazquez, Mayor Pro Tem Winterer, and DISCUSSION ITEMS: Councilmember McKeown that Council direct staff to explore an DISCRETIONARY ordinance denying new discretionary permits or entitlements on PERMITS properties where ongoing.violations of previous permits or conditions of entitlement remain unresolved, was presented. There were no members of the public present. Motion by Councilmember McKeown seconded by Ma or Pro Tem Winterer, to approve the recommendation. The motion was unanimously approved by voice vote, with Mayor Vazquez absent. STATUS OF WOMEN 13.C. Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending on 6/30/2016, was presented. Member of the public Nancy Pierandozzi, commented on the appointment. On order of the Mayor Pro Tern, the floor was opened for nominations. Councilmember Himmelrich nominated Nancy Pierandozzi Councilmember McKeown, nominated Barbi Appelquist Nancy Pierandozzi was appointed by the following vote: Appelquist: Councilmember McKeown Pierandozzi: Councilmembers Davis, Himmelrich, O'Connor, O'Day, Mayor Pro Tern Winterer 16 January 26, 2016 Councilmember McKeown changed his vote to Pierandozzi, thereby appointing Nancy Pierandozzi by acclamation to the Commission on the Status of Women, with Mayor Vazquez absent. STATUS OF WOMEN 13.1). Appointment to one unscheduled vacancy on the Commission on the Status of Women for a term ending on 6/30/2017, was presented. There were no members of the public present. On order of the Mayor Pro Tem, the floor was opened for nominations. Councilmember McKeown nominated Barbi Appelquist. Councilmember Himmelrich nominated Melissa Goodman. Melissa Goodman was appointed by the following vote: Appelquist: Councilmembers McKeown, Davis Goodman: Councilmembers Himmelrich, O'Connor, O'Day, Mayor Pro Tem Winterer On the vote of Council, Melissa Goodman was appointed to the Commission on the Status of Women, with Mayor Vazquez absent. PUBLIC INPUT: Members of the public Bill Leahn, Denise Barton, People of California, Michael Toney, Art Casillas, and Johnathan Foster commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:18a.m. ATTEST: Denise Anderson -Warren Acting City Clerk ,4 ROV o y V azqu M yor 17 January 26, 2016