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051016 mins.pdfCITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 10, 2016 A regular meeting of the Santa Monica City Council was called to order by Mayor Vazquez at 5:32 p.m., on Tuesday, May 10, 2016, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Tony Vazquez Mayor Pro Tem Ted Winterer Councilmember Gleam Davis Councilmember Sue Himmelrich Councilmember Kevin McKeown Councilmember Pam O'Connor (Arrived at 5:59 p.m.) Councilmember Terry O'Day Also Present: City Manager Rich Cole City Attorney Marsha Jones Moutrie 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 Councilmember O'Connor. City Clerk Denise Anderson -Warren Ied the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:35 p.m., with all members present, to report the following: I.A. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section Councilmember O'Connor 54956.9(4)(1): City of Santa Monica v. Justice Aviation, Los Angeles arrived at 5:59 p. m. Superior Court Case Number 16R00754 The City Attorney advised this matter was heard with no reportable action taken. I.B. Conference with. Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Justice Aviation Inc. v. City of Santa Monica, Part 16 Complaint, FAA Docket No. 16-16-07 May 10, 2016 The City Attorney advised this matter was heard with no reportable action taken. 1.C. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Justice Aviation, Inc. v. City of Santa Monica, et al., U. S. District Court Case Number 2:16 -CV -2043 The City Attorney advised this matter was heard with no reportable action taken. I.D. Conference with Legal Counsel - Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Exposition Metro Line Construction Authority v. City of Santa Monica, Los Angeles Superior Court Case Number BC 563 050 The City Attorney advised this matter was heard with no reportable action taken. I.E. 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 The City Attorney advised this matter was heard with no reportable action taken. REORDER ITEMS Motion by Councilmember Himmehich, seconded by Councilmember Davis, to pull Item 7-C: Amending Zoning Ordinance, and continue this item. The motion was unanimously approved by voice vote, with all members present. At the City Manager's request, Council was asked to take a vote to continue the Public Hearing on amending Zoning Ordinance (Item 7-C) to the May 24, 2016 Council meeting. Motion by Councilmember McKeown, seconded by Mayor Pro Tem_ Winterer, to reopen the discussion regarding pulling Item 7-C. The motion was unanimously approved by voice vote, with all members present. Motion by Mayor Pro Tem Winterer, seconded by Councilmember Davis, to amend the previous motion to continue the Public Hearing on amending the Zoning Ordinance to May 24, 2016 Council meeting. The motion was unanimously approved by voice vote, with all members present. 2 May 10, 2016 SPECIAL AGENDA 2.A. Proclamation: Public Works Week (May 15 —May 21, 201.6), ITEMS: was presented by the Mayor. 2.B. City Manager's Report: Buy Local and Green Business Update, was presented. 2.C. Proclamation: Older Americans Month, was presented by the Mayor. 2.D. Proclamation declaring May 2016 as National Bike Month and Bicycle Safety Month, was presented by the Mayor. 2.E. Swearing -In of New Santa Monica Fire Department Chief Bill Walker, was administered by the City Clerk. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. The City Clerk asked if any Councilmembers had any reports on Travel. Councilmember O'Connor reported travel to Washington, D.0 with the group ICLEI Local Governments for Sustainability, and participated in the Climate Matchmaker Workshop, and participated in the Climate Action 2016 Summit. There were no members of the public present to comment on the Consent Calendar. Motion by Councilmember Himmelrich seconded by Councilmember Davis, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmehich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None SUPPLEMENTAL LAW 3.A. Approve Contract for Supplemental Law Enforcement ENFORCEMENT Services, was approved. SERVICES Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a five-year Contract No. 10296 (CCS), with the County of Los Angeles Sheriffs Department for supplemental law enforcement services. This recommended award is made as a formal professional services contract pursuant to Section 2.24.075 (c). The first year would be in the amount of $260,000 for a total amount not to exceed 3 May 10, 2016 $1,300,000 with future year funding contingent on Council budget approval. COMPRESSED 3.B. Bid Award for the Purchase of One Fourteen Yard Compressed NATURAL GAS TRUCK Natural Gas Dump Truck and One Compressed Natural Gas Stake PURCHASES Bed Truck, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid 44239 to Los Angeles Freightliner, a California-based company for the purchase and delivery of one Compressed Natural Gas Dump Truck to support the Street Maintenance's operation; and to Thorson Motor Company, a California-based company for the purchase and delivery of one Compressed Natural Gas Stake Bed Truck to support the operations of the Resource Recovery and Recycling Division; 2. Authorize the Purchasing Services Manager to issue a purchase order with Los Angeles Freightliner for the purchase and delivery of one Compressed Natural Gas Dump Truck in the amount not to exceed $219,328; and to issue a purchase order with Thorson Motor Company for the purchase and delivery of one Compressed Natural Gas Stake Bed Truck in the amount not to exceed $105,985. REED PARK 3.C. Award Bid to BrightView Landscape Development for IMPROVEMENT Construction of the Reed Park Improvements, was approved. PROJECT Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2313 to BrightView Landscape Development, Inc. (formerly ValleyCrest Landscape Development, Inc.), a Maryland- based company, for the construction of the Reed Park Improvements project; 2. Authorize the City Manager to negotiate and execute Contract No. 10297 (CCS), with BrightView Landscape Development, Inc., in an amount not to exceed $593,483 (including a 10% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. LOS AMIGOS PARK 3.D. Award Construction Contracts for the Los Amigos Park STORMWATER Stormwater Harvesting and Direct Use Demonstration Project, was HARVESTING approved. Recommended Action Staff recommends that the City Council: 1. Award Bid# SP2311 to J.R. Filanc Construction, a California-based company, for the construction of Los Amigos Park Stormwater 4 May 10, 2016 Harvesting and Direct Use Demonstration project; 2. Authorize the City Manager to negotiate and execute Contract No. 10298 (CCS) with J.R. Filane Construction, in an amount not to exceed $2,025,495 (includes a 15% contingency); 3. Authorize the City Manager to negotiate and execute Contract No. 10299 (CCS), with Anderson -Penna Partners, in an amount not to exceed $214,500 (includes a 10% contingency) for construction management and inspection services for the Los Amigos Park Stormwater Harvesting and Direct Use Demonstration project; 4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. 5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. WASTEWATER 3.E. Approve Sole Source Agreement for Wastewater Envirosight ENVIROSIGHT CAMERA Camera System Maintenance, was approved. SYSTEM Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute Contractual Service Agreement No. 10300 (CCS), with Haaker Equipment Company, a California-based company, for maintenance and repair of the Wastewater Division's van -mounted Envirosight camera system. This recommended award is made as an exception to the competitive bidding process pursuant to municipal code Section 2.24.080 and is for a total amount not to exceed $125,000 over a 5 - year period ending June 30, 2021, with future year funding contingent on Council budget approval. CALIFORNIA COASTAL 3.F. Application for a California Coastal Commission Local Coastal COMMISSION GRANT Program (LCP) Planning Grant For Additional Scope to Develop an Implementation Plan for Certification, was approved and adopted. Recommended Action Staff recommends that the City Council: 1. Adopt Resolution No. 10952 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION FOR ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $175,000 TO COMPLETE THE DOCUMENTS NECESSARY TO OBTAIN LOCAL COASTAL PROGRAM CERTIFICATION; AUTHORIZING THE CITY MANAGER TO TAKE IMPLEMENTING ACTIONS TO OBTAIN SUCH ADDITIONAL GRANT FUNDS; AND AUTHORIZING BUDGET CHANGES UPON AWARD OF SUCH ADDITIONAL GRANT FUNDS". 2. Authorize the City Manager to execute all necessary documents to 5 May 10, 2016 apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report, in the event that the grant is awarded. LOW CARBON TRANSIT 3.G. Adoption of Resolution No. 10953 (CCS) entitled, "A OPERATIONS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PROGRAM MONICA TO AUTHORIZE THE CITY MANAGER FOR THE AUTHORIZATION FOR THE EXECUTION OF LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) PROJECT: FIXED ROUTE BUS TRANSIT OPERATIONS IN THE AMOUNT OF $387,175," was adopted. Recommended Action Staff recommends that the City Council adopt the Resolution No. 10953 (CCS) for the Low Carbon Transit Operations Program that was created by the California State Legislature to provide operating and capital funding for transit agencies to reduce greenhouse gas emissions and improve mobility. PEDESTRIAN 3.11. First Modification for the Idaho Avenue Pedestrian OVERCROSSING Overcrossing Project, was approved. PROJECT Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Contract No. 10250 (CCS), in the amount of $400,000 with MCM Construction, Inc., a California-based company, for improvements to Idaho Trail associated with the California Incline Pedestrian Bridge. This will result in an amended contract with a new total amount not to exceed $2,300,000. SENIOR CRIMINALIST 3.1. Modification to Contract for Senior Criminalist, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a five-year Contract No. 10301 (CCS), with the County of Los Angeles Sheriff's Department for services of one Senior Criminalist to perform forensic deoxyribonucleic acid (DNA) analysis and services. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080 (d). The first year would be in the amount not to exceed $170,792, for a total amount not to exceed $943,734 (includes a 5% annual contingency) for the tern of the contract, with future year funding contingent on Council budget approval. ORDINANCES: 7.A. Second Reading and Adoption Ordinance No. 2515 (CCS) MINIMUM WAGE entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.62 REQUIRING A MINIMUM WAGE FOR 6 May 10, 2016 EMPLOYEES, CHAPTER 4.63 REQUIRING A LIVING WAGE FOR HOTEL WORKERS, AND CHAPTER 4.65 REQUIRING A LIVING WAGE FOR CERTAIN CITY CONTRACTORS", was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Davis, seconded by Councilmember McKeown, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers M6'eown, Davis, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None DISTRICTING MAP FOR 7.11. Introduction and First Reading of an Ordinance Reaffirming 1419 19TH STREET the Decision to Amend the Official Districting Map for 1419 19th Street, was presented. Recommended Action Staff recommends that the City Council introduce for first reading an Ordinance to reaffirm the Council's February 23, 2016 decision to amend the Official Districting Map for 1419 19"' Street, changing the zoning fiom Low Density Residential (R2) to General Commercial (GC). Members of the public Paula Larmore (spoke on behalf of the owner), Tricia Crane, and Ellen Brennan commented on the staff reconunendation. Motion by Councilmember O'Connor, seconded by Councilmember O'Dav, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himrnelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None AMEND ZONING 7.C. Introduction and First Reading of an Ordinance to Amend the ORDINANCE Zoning Ordinance (Divisions 1-5 of SMMC Article 9) and Land Use and Zoning Related Provisions (Division 6 of SMMC Article 9) Making Minor Clerical Changes, Corrections, and Clarifications, was continued to the May 24, 2016 Council meeting. Recommended Action Staff recommends that the City Council introduce for first reading the 7 May 10, 2016 attached ordinance amending the City's Zoning Ordinance and Land Use and Zoning Related Provisions making minor clerical changes, corrections, and clarifications. These amendments fall into the following general categories; spelling, grammar, and punctuation; section references; formatting and organization; clarification; continuity from prior zoning ordinance; internal consistency with existing ordinance; and Council direction. 500 BROADWAY 7.1). Introduction and first reading of an Ordinance adopting Development Agreement 13DEV-008 and General Plan Text Amendment 15ENT-0232 to allow a new 7 -story (84 feet), 301,830 square foot mixed-use development project consisting of 35,428 square feet of ground floor commercial area, 24,217 square feet of subterranean commercial area, 249 residential units, and 524 parking spaces within a four -level subterranean parking garage. Additionally, a Zoning Map Amendment 15ENT-0307 is proposed to change the zoning district from M-1 (Industrial Conservation) to MUS (Mixed Use Boulevard) for the rear portion of the property located at 1626 Lincoln Boulevard for the development of a 100% Affordable Housing Development in connection with the 500 Broadway project (off-site affordable housing), was presented. Recommended Action Staff recommends the City Council: 1. Adopt Resolution No. 10954 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE 500 BROADWAY MIXED-USE PROJECT"; 2. Adopt Resolution No. 10956 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE 500 BROADWAY EIR PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION, AND MITIGATION MONITORING PLAN"; 3. Adopt Resolution No. 10955 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY OF SANTA MONICA'S LAND USE AND CIRCULATION ELEMENT OF THE GENERAL PLAN"; 4. Introduce for first reading an ordinance approving Zoning Map Amendment 15ENT-0307 for a 100% affordable housing project located at 1626 Lincoln Boulevard which is the off-site affordable housing for the 500 Broadway project; and, 5. Introduce for first reading an ordinance adopting the proposed Development Agreement. Questions were asked of staff and the developer regarding: community benefits and the revenue; adding language to the Development Agreement May 10, 2016 that requires the properties to restrict how the residential units can be used; if the developer can't add a market after 180 days, if the developer can be required to come back to Council for review; insert in the Development Agreement a provision that lessees should be natural persons; whether the units are condominiums or rental units; and, what can be done to ensure that these units are not used for corporate housing. For Ex -parte disclosure; Mayor Pro Tern Winterer disclosed that he met at the Applicants Architect's office with their architect team, the applicant's team, and representatives of Community Corp Santa Monica, and one of the applicant's lawyers who gave an overview of the project, and discussed the two issues that were outstanding in the Development Agreement negotiations, and a follow-up phone call and correspondence. Councilmember Himmelrich disclosed that she met with Councilmember McKeown and member of the public Sarah Letts in July 2015 regarding the Affordable Housing component of this project, then with the Applicant's attorneys at Hank Koning's office, then April 2016 met with Sarah Letts and the applicant and their attorney's, as well as on-going emails and correspondence. Councilmember Davis disclosed that she met with the applicant, applicant's Architect, Attorneys for the applicant, as well as representatives from Community Corp Santa Monica to discuss the Architectural Review Board's flexibility, and the purple pipe issue, and two phone calls with Attorney's representing the project. Councilmember O'Day met with Architect's attorney's office, CCSM, and followed up on the two outstanding items purple pipe, and ARB approval on a phone call. Councilmember McKeown, other than the meeting mentioned by Councilmember Himmelr•ich, he chose not to meet with the Applicant, Architect and their Attorney's ahead of the public hearing, but preferred to wait to hear the same thing the public heard. Councilmember O'Connor did receive a call from the applicant's attorney, but her work schedule was too busy, but had a brief conversation where they raised the two issues that have already been raised (purple pipe & Architectural Review Board's flexibility). Mayor Vazquez met with the applicant, architect, and their attorneys, and a follow-up meeting with staff frorn Community Corp regarding housing unit sizes. 9 May 10, 2016 Kevin Becker, Hanle Koning, and Paula Larmore spoke on behalf of the Developer. Members of the public Kirk Bectley, Natalya Zernitskoya, Greg Leavitt, Scott Schanfeld, Sarah Letts, Jason Islas, Steve Pemerantz, IK -listen Segal, Brian Share, John Given, Mark Vars, Courtney Caron, Laura Cullett, Evan Rothstein, Cris Gutierrez, Jason Kerwin, Frank Gruber, Brad Hall, Steve White, Cynthia Rose, Bryan Beretta, Julien Welcler, Gwynne Pugh, George Ruiz, Carl Hansen, Jerry Rubin, Wellington Moreno, Leslie Lambert, Richard Brend, Elena Christopoulos, Shawn Landres, Todd Lipka, Daniel Collins, Ruth Myers, Jeremy Stuts (time donated by Jonathan Merbeant), Harlan Allen, Kevin Daly, Judy Abdo, and Jennifer Kennedy spoke generally in favor of the recommended action. Members of the public Denise Barton, Ron Goldman (time donated by Charles Andres), Zoe Muntaner, Armen Melkonians (time donated by Tricia Crane), Ellen Brennan, Catherine Eldridge spoke generally in opposition to the recommended action. Considerable discussion ensued on topics including, but not limited to: ensuring that these units are not used for corporate housing or vacation rentals, include adding some wording in the lease; enforcement to be included as part of the annual Development Agreement compliance report; concerns about securing a market within 180 days; splitting the revenue from the additional parking spaces since it is being counted as a community benefit; explanation about parking spaces availability; the floorplate ratio; and, concerns about feasibility of the project once it goes to the Architectural Review Board. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to adopt Resolution No. 10954 (CCS) certifying the Final Environmental Impact Report prepared for the project in accordance with California Environmental Quality Act (CEQA). The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Hirnmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: None Councilmember O'Connor Motion by Councilmember McKeown, seconded by Councilmember was excused at 9:58 p.m. Himmelrich, to adopt Resolution No. 10956 (CCS), adopting a Statement of Overriding Considerations and Mitigation Monitoring Program for the project. The motion was approved by the following vote: 10 May 10, 2016 AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt Resolution No. 10955 (CCS) approving General Plan Text Amendment 15ENT-0232 for the 500 Broadway project. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Comsor Motion by Councilmember McKeown, seconded by Himmelrich, to introduce for first reading an ordinance approving Zoning Map Amendment 15ENT-0307 for a 100% affordable housing project located at 1626 Lincoln Boulevard which is the off-site affordable housing for the 500 Broadway project. The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor The City Attorney read into the record the proposed changes to the Development Agreement to include: 1) 2.4.2 which is the modern modification section, in addition to the notification to the Planning Commission, there would be notification to the City Council; 2) Section 2.5.6 Prohibitive Uses: Page 14 of the Development Agreement there is already a section prohibiting all office uses. There will be a modification to expand that prohibition to include vacation rentals, corporate housing, and also add that these prohibitions shall be included in all residential leases in the project, and 3) In Section 6.1 is the Architectural Review Board Review, it will be 4% for the residential floor area only, for the project. Motion by Councilmember McKeown, seconded by Himirielrich, to introduce for first reading an ordinance adopting the proposed Development Agreement, with all the language changes and directions given to staff. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tern Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor 11 May 10, 2016 Motion by Moor Pro Tem Winterer, seconded by Councilmember Himmelrich, to give direction to the Architectural Review Board to do their best to make the design changes they would life to see made in the project without reducing the number of units and the size of the units, and for staff to seek ways to offer incentives to a grocery store tenant including the possibility to fast track tenant improvement through the permit and fee process, and any other tools they may deem appropriate, if necessary. STAFF 8.A. Office Space Lease at 2772 and 2800 Donald Douglas Loop ADMINISTRATIVE forth, and Second Modification to Professional Services Agreement ITEMS: No.I0248 (CCS) for Commercial Real Estate Leasing Services for the 2772 AND 2800 DONAL Santa Monica Airport, was presented. DOUGLASLOOP Recommended Action Staff recommends that the Council 1. Authorize the City Manager to negotiate and execute Lease No. 10302 (CCS) with Snapchat, Inc. (Snapehat) for office space located at 2772 and 2800 Donald Douglas Loop North, and 8 hangars, reflecting the general terms and conditions below. 2. Authorize the City Manager to negotiate and execute a second modification to professional services agreement No. 10248 (CCS) in the amount of $744,844 with Corporate Realty Group ("CRG"), a California-based corporation, to provide additional commercial real estate leasing services for the Santa Monica Airport. This will result in a (3) three-year amended agreement expiring on June 30, 2018 for a total amount not to exceed $1,104,834 with future year fiuiding contingent on Council budget approval. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Members of the public Alan Levinson, Robert N. Rigdon, Jonathan Stein, Joe Schmitz, Johnathan Foster, Ken Ward spoke on the recommended action. Motion by Mayor Pro Tem Winterer, seconded by Councilmember O' , to authorize the City Manager to negotiate and execute a Lease with Snapchat, Inc. (Snapchat) for office space located at 2772 and 2840 Donald Douglas Loop North, and 8 hangars, reflecting the general terms and conditions, with additional direction that the City Manager consult with a Transportation Demand Management (TDM) expert in the Planning and Community Development Department to try to include these terms that both incentivize trip reduction and provide some penalties for noncompliance of the TDM program. 12 May 10, 2016 The motion was approved by the following vote: AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor Motion by Councilmember McKeown seconded by Mayor Pro _ Tem Winterer, to authorize the City Manager to negotiate and execute a second modification to professional services agreement No. 10248 (CCS) in the amount of $744,844 with Corporate Realty Group ("CRG"), to provide additional commercial real estate leasing services for the Santa Monica Airport, and authorize budget changes. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor PUBLIC HEARINGS: 9.A. Public Hearing and Approval of the Proposed FY 2016-17 One - HUD BLOCK AND Year Action Plan Allocating Federal Community Development Block ENTITLEMENT GRANTS Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Funds, was presented. Recommended Action Staff recommends that the City Council: 1. Hold a public hearing, receive public comment, and approve the Proposed FY2016-17 One -Year CDBG and HOME Action Plan. 2. Authorize the City Manager to submit all documents required to receive the City's annual Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD). Member of the public Denise Barton spoke on the recommended action. Motion by Mayor Pro Tem Winterer, seconded by Councilmember Himmelrich, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor 13 May 10, 2016 RESOLUTIONS: 11.A. Adoption Resolution No. 10957 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING RATES AND PERMIT FEES FOR ALL CITY PARKING FACILITIES AND RESOURCES," was presented. Recommended Action Staff recornmends that the City Council: 1) Adopt Resolution No. 10957 (CCS), establishing new parking rates for the Civic Center parking facilities, restricting permit eligibility to discourage park and ride, and make minor changes to address operational needs, and 2) Provide input on the proposed administrative fee increase. Members of the public Jeremy Stutes, Cynthia Rose, and Nancy Morse spoke on the recommended action. Staff reported a change to Section 6 of the Resolution, the implementation date of the proposed new daily parking rates at the Civic has been changed from June 11, 2016 to July 1, 2016, to fulfill contractual obligations with certain users of the Civic parking facility. Questions asked and answered of staff included: how do you price the two parking structures closest to the Expo lines so that the cost is prohibitive for drivers who want to park every day; how often can staff make an administrative change to pricing without coming to Council for approval; is it possible to have a parking survey that involves a dynamic parking strategy with future initiatives to provide better parking options around town; has the school district been approached about increasing the monthly cards at the Civic Center parking structure; and, is there a plan to eliminate the free 90 minute parking for downtown. Councilmember McKeown recused himself from the School District discussion due to a possible conflict, because he is a consultant for the Councilmember McKeown school district. was excused at 11:18 pna Motion by Councilmember Davis, seconded by Mayor Pro Tem Winterer, to give direction to staff to work with the school district between now and when the first increase is scheduled, to try and come up with a Transportation Demand Management (TDM) plan for the school district, using grant funding that will potentially reduce the need for them to have parking in the Civic lot, or allow them an extended amount of time to take advantage of the reduced rate. Mayor Pro Tem Winterer, proposed a friendly amendment that City staff give an incentive to create a TDM plan with the school district, with the caveat, if the school district does not create a TDM plan by January 1, 14 May 10, 2016 2017, then the second increase happens automatically. The motion was restated by Councilmember Davis, seconded by Mayor Pro Tem Winterer, direction to staff to meet with the school district to come up with a TDM plan by January 1, 2017, and if they don't the 50% increase will take place, and the same applies for the second increase on July 1, 2017. The motion was approved by the following vote: AYES: Councilmembers Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmembers McKeown, O'Connor Councilmember McKeoivn Motion by Councilmember McKeown, seconded by Mayor Pro Tem returned at 11: 28 pin Winterer, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor OAKS INITIATIVE 1.1.8. Guidelines for Implementing Article XXII of the City Charter, GUIDELINES was presented. Recommended Action Staff recommends that the City Council adopt Resolution No. 10958 {CCS} entitled, "A Resolution Of The City Council Of The City Of Santa Monica Adopting Guidelines For Implementation Of Santa Monica City Charter Article XXII, The Taxpayer Protection Amendment Of 2000". Members of the public Denise Barton and Johnathan Foster, spoke on the recommended action. Questions asked and answered of staff included: Who does the $10,000 amount effect; the cash amount of $10,000 why is it so low in comparison to the $25,000 threshold for everything else; and, the provision about who confers the benefit. Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None 15 May 10, 2016 ABSENT: Councilmember O'Connor COUNCILMEMBER 13.A. Request of Mayor Pro Tem Winterer and Councilmembers DISCUSSION ITEMS: Himmelrich and McKeown that the Council direct staff to explore AFFORDABLE HOUSING expanding affordable housing policies to include a local rent -subsidy POLICIES program to assist low-income Santa Monica residents who currently live in rent -controlled apartments and are severely rent burdened, was presented. Member of the public Shawn Landres spoke about the recommended action. Motion by Councilmember McKeown, seconded by Councilmember Ilimmelrich, to approve staff recommendation, as an exclusion with other housing items being considered. The motion was approved unanimously approved by voice vote, with Councilmember O'Connor absent. VACANT BUILDING 13.B. Request of Mayor Vazquez and Councilmember Himmelrich REGULATIONS that staff return with proposals for regulation of vacant buildings in Santa Monica, including proposals for registering vacant building, regulating the maintenance of vacant building, and requiring that the owner of building with a valid permit for rehabilitation, repair, or construction of a building complete the rehabilitation, repair, or construction within eighteen months or a specified time certain from the date the permit was issued. Attached is the San Francisco Building Code amendment as an example of desirable amendments and additions, was presented. Member of the public Denise Barton spoke about the recommended action. Motion by Councilmember Himmelrich seconded.by Mayor Vazquez, to approve staff recommendation. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. MURALS ON PICO 13.C. Request of Mayor Vazquez, Mayor Pro Tempore Winterer and Councilmember McKeown to allocate $10,000 of Council discretionary funds to Beautify Earth, a 501(c)3 non-profit, to cover two-thirds of the cost of five murals on Pico Boulevard, with the remaining funding to be provided by the Pico Improvement Organization, was presented. There were no members of the public present. Motion by Councilmember McKeown seconded by Councilmember Himmelrich, to approve staff recommendation. The motion was approved by the following vote: 16 May 10, 2016 AYES: Councilmembers McKeown, Davis, Himmelrich, O'Day, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ABSENT: Councilmember O'Connor TELECONFERENCING 13.1). Request of Councilmember McKeown that Council direct staff POLICY to prepare a resolution or other policy document clarifying the circumstances under which members of City bodies may participate by teleconference, was presented. Members of the public Joe Schmitz and Joan Van Tassel, spoke about the recommended action. Considerable discussion ensued on topics including, but not limited to, having clarification on the policy to include International teleconferencing in a public locations, and in accordance with the Brown Act, and an upgrade of technology to improve the ability to teleconference. Motion by Councilmember McKeown, seconded by Councilmember Davis, to approve staff direction to include International teleconferencing in public locations, and in accordance with the Brown Act. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. PUBLIC INPUT: Members of the public Denise Barton, Zoe Muntaner, Adislen Reyes, Laura Carralero Moralez, Lois Lambert, Johnathan Foster, and Ken Ward commented on various local issues. ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:51 a.m. in memory of Arnel Alagar. ATTEST: Denise Anderson -Warren City Cleric APPROVED: 4//C, / To y Vazq Mayor 17 May 10, 2016