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m20171212.pdfCITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 12, 2017 A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:33 p.m., on Tuesday, December 12, 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 5.50 p. m) Councilmember Terry O'Day (arrived at 5:50 p.m.) Councilmember Tony Vazquez Also Present: City Manager Rick Cole City Attorney Lane Dilg Deputy City Clerk Esterlina Lugo CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except Councilmembers O'Connor and O'Day. Councilmembers O'Connor Councilmember Himmelrich led the assemblage in the Pledge of and O'Day arrived at 5:50 Allegiance. p.m. CLOSED SESSIONS: There was no one present for public comment on closed sessions. On order of the Mayor, the City Council recessed at 5:35 p.m., to consider closed sessions and returned at 6:33 p.m., with all members present except Councilmember Himmelrich, to report the following: I.A. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Airbnb, Inc. and Homeaway.com, Inc. v. City of Santa Monica, United States District Court, Central District of California, Case Nos. 16-cv-6645-ODW- AFM, 16-cv-6641-ODW-AFM The City Attorney advised this matter was heard with no reportable action taken. December 12, 2017 1.11. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Kate Scott and James Babinski v. City Council of the City of Santa Monica, United States District Court, Central District of California, Case No. 17-cv- 7329-PSG-FFM The City Attorney advised this matter was heard with no reportable action taken. I.C. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Barry Rosen v. United States of America, United States District Court, Central District of California, Case No. 17-cv-7727-PSG-JEM The City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Legal Counsel — Existing Litigation — Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): NBAA et al. v. Michael Huerta and Federal Aviation Administration, United States Court of Appeals, District of Columbia Circuit, Case No. 17-1054 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 and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804 The City Attorney advised this matter was heard with no reportable action taken. REPORT ON COUNCIL Mayor Winterer announced that he traveled to Chicago, Illinois, along TRAVEL with Mayors of fifty other cities from Mexico, the United States, and Canada to sign the Chicago Climate Charter, which is an agreement that all of the respective cities will do their utmost effort to attain the carbon emission reduction standards outlined in the Paris accord of two years ago. The Mayor reported that with efforts like this and ongoing efforts of America's pledge by cities and states to keep to the terms of the Paris Agreement, there is now half of the U.S. population and half of the U.S. gross domestic product (GDP) signed on to meet those climate 2 December 12, 2017 greenhouse gas reduction goals. MEETINGS At the request of the Mayor, and with consensus of the Council, the Council Consent Calendar and the Council/Housing Authority Consent Calendars were combined into a joint meeting at 6:35 p.m., with Councilmember Himmelrich absent. REPORT ON MEETING Pursuant to State law, Deputy City Clerk Esterlina Lugo announced that COMPENSATION Council would receive compensation of $50 for meeting as the Housing Authority. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Zina Josephs, Denise Barton, and Kathy Coro commented on various Consent Calendar items. Commissioner/Councilmember O'Connor, seconded by Councilmember Himmelrich Commissioner/Councilmember Vazquez, to approve all items on the arrived at 6: 36 p.m. Consent Calendars as presented, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Commissioners/Councilmembers O'Connor, O'Day, Himmelrich, Vazquez, McKeown, Chair Pro Tem/Mayor Pro Tem Davis, Chair/Mayor Winterer NOES: None ABSENT: None DEVELOPMENT IMPACT 3.A. Annual Reporting of Development Impact Fees, was approved. FEES Recommended Action Staff recommends that the City Council review and accept the FY 2016- 2017 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2016-17 Childcare Linkage Fee Report per SMMC Section 9.65. BEACH LIFEGUARD 3.11. Construction Contract for the Beach Lifeguard Headquarters HEADQUARTERS Facility Project, was approved. Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2506 to Global Power Group, Inc., a California- based company, to provide construction services for the Beach Lifeguard Headquarters Project located on City -owned property. 2. Authorize the City Manager to negotiate and execute Contract No. 3 December 12, 2017 10597 (CCS) with Global Power Group, Inc., in an amount not to exceed $227,139 (including a 10% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. TOURISM MARKETING 3.C. Santa Monica Tourism Marketing District Annual Report, DISTRICT ANNUAL was approved. REPORT Recommended Action Staff recommends that the City Council receive and approve the Santa Monica Tourism Marketing District's Annual Report for 2017-18. AFFORDABLE HOUSING 3.D. Funding for Affordable Housing In Venice, was approved. Recommended Action Staff recommends that the City Council: 1. Approve the one-time use of Federal Community Development Block Grant funds not to exceed $500,000 to rehabilitate 14 affordable apartments, located at 102 Navy Street in Venice, targeted to persons experiencing homelessness, including persons from the Santa Monica Homeless Service Registry; and 2. Authorize the City Manager to negotiate and execute any documents necessary to complete the transaction. 3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report SIDEWALK AND 3.E. Contract Approval for Design Services for Olympic Boulevard PEDESTRIAN Sidewalk and Pedestrian Improvements, was approved. IMPROVEMENTS Recommended Action Staff recommends that the City Council: 1. Award RFP #134 to KOA Corporation, a California based company, to provide engineering and design services for the Olympic Boulevard Improvements Project. 2. Authorize the City Manager to negotiate and execute professional services Agreement No. 10598 (CCS) with KOA Corporation in an amount not to exceed $200,000 (including a 15% contingency). CREDIT CARD 3.F. Contract Modification for Parking Revenue and Access PROCESSING Control Equipment System: Credit Card Processing Payment Provider, was approved. Recommendation Staff recommends that the City Council authorize the City Manager to negotiate and execute Contract No. 10599 (CCS) in the amount of 4 December 12, 2017 $1,050,000 with Payment Express, a California based company for secure credit card gateway processing services of Parking Access and Revenue Control System (PARCS) credit card transactions. This recommended modification is made as an exception to the competitive bidding process pursuant to Section 2.24.080 (d). This will result in a 5 -year agreement with two 1 -year renewals a new estimated amount of $1,070,000 with future year funding contingent on Council budget approval. POLARIS INTEGRATED 3.G. Second Modification to Software License Agreement for LIBRARY SYSTEM Polaris Integrated Library System, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #9448 in an amount not to exceed $549,000 with Innovative Interfaces, Inc., a California-based company, for annual software maintenance and support of the Polaris Integrated Library System. This would result in an eleven year amended agreement with a new total contract amount not to exceed $949,000, with future year funding contingent on Council budget approval. COMMUNITY GARDEN 3.11. Conversion of Community Garden License Agreement to Permit System, was adopted. Recommended Action Staff recommends that City Council adopt attached Resolution No. 11093 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CONVERSION OF THE COMMUNITY GARDEN LICENSE PROGRAM TO A PERMIT SYSTEM; AUTHORIZING THE DIRECTOR OF COMMUNITY AND CULTURAL SERVICES TO ISSUE ANNUAL PERMITS FOR COMMUNITY GARDEN PLOTS; AND AUTHORIZING THE DIRECTOR OF COMMUNITY AND CULTURAL SERVICES TO AMEND AND PROMULGATE COMMUNITY GARDEN RULES AND REGULATIONS AS WELL AS A GOOD NEIGHBOR POLICY." MINUTES 3.I. The minutes for the City Council - Special Meeting - Dec 5, 2017; were approved. MINUTES 3.J. The minutes for the June 13, June 27 and October 24, 2017 Housing Authority meetings, were approved. Recommended Action Staff recommends that Housing Authority approve the minutes for the June 13, June 27 and October 24, 2017 meetings. 5 December 12, 2017 HOUSING AUTHORITY 3.K. Housing Authority Proposed Revision to 2017 Administrative ADMINISTRATIVE PLAN Plan, was approved. Recommended Action Staff recommends that the City Council approve the proposed revisions reflected in the draft 2017 Housing Authority Administrative Plan (Attachment A). ADJOURNMENT OF On order of the Mayor, the joint meeting with the Housing Authority was JOINT MEETING adjourned at 6:43 p.m., and the regular City Council meeting reconvened with all members present. ORDINANCES: 7.A. Second Reading and Adoption of Ordinance No. 2564 (CCS) 1430 LINCOLN entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND NMS 1430 LINCOLN, LLC," was presented. Recommended Action Staff recommends that City Council adopt an Ordinance approving Development Agreement No. 10601 (CCS) between the City of Santa Monica, a municipal corporation, and NMS 1430 Lincoln, LLC. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to adopt Ordinance No. 2564 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None 13136 1h STREET 7.11. Second Reading and Adoption of Ordinance No. 2565 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND NMS1313 6th STREET, LLC," was presented. Recommended Action Staff recommends that City Council adopt an Ordinance approving Development Agreement No. 10600 (CCS) between the City of Santa Monica, a municipal corporation, and NMS 1313 6th Street, LLC. 6 December 12, 2017 Motion by Councilmember Vazquez, seconded by Councilmember O'Day, to adopt Ordinance No. 2565 (CCS), reading ordinance by title only and waiving further reading thereof. The City Attorney read into the record the correction of typographical errors in Section 2.8.1(b) of the development agreement, exhibit to the ordinance. The words added to this section are "additional," "five," "four," and the numerical digits "5" and "4." The strikeouts from this section are "three (3) one bedroom Off Site Affordable Units and," "eleven," "ten," and the numerical digits "11," and "10." The corrected section is as follows: "(b) Alternatively, in the event Developer elects to provide Off -Site AHPP Units in accordance with Section 2.7.4(b), above, Developer shall ensure that additional three (3) e been... nrr Site Affordable r nits an two (2) two-bedroom Off -Site Affordable Units are available to and occupied by Senior Citizen Thirty Percent Income Households at Affordable Rent, as specified in the 711 Colorado Deed Restriction; and a minimum of five eleven (544) studio Off -Site Affordable Units and four ten (449) one -bedroom Off -Site Affordable Units are affordable to Senior Citizen One Hundred Percent Income Households at Affordable Rent ("Off -Site Community Benefit Units"), as specified in the 711 Colorado Deed Restriction. The Off -Site Community Benefit Units shall be included in the Off -Site Deed Restriction attached hereto as Exhibit "H"." Question by Councilmember Himmelrich if the correction was consistent with what was agreed upon during the hearing where the applicant agreed to add an additional unit. The City Attorney stated that it was consistent with Council's intent with the additional unit. The applicant's attorney confirmed that it is consistent with what was agreed upon. Motion was amended by Councilmember Vazquez, seconded by Councilmember O'Day, to adopt Ordinance No. 2565 (CCS) with correction of the typographical errors read into the record by the City Attorney under section 2.8.1(b) of the development agreement (exhibit 1), and reading ordinance by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmehich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None MEDICINAL CANNABIS 7.C. Second Reading and Adoption of Interim Zoning Ordinance RETAILER No. 2566 (CCS) entitled, "AN INTERIM ORDINANCE OF THE CITY 7 December 12, 2017 COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONIG ORDINANCE NUMBER 2557 (CCS), WHICH REPLACED THE TERM "MEDICAL MARIJUANA DISPENSARY" WITH "MEDICINAL CANNABIS RETAILER: THROUGHOUT THE CITY'S ZONIG ORDINANCE, CAHPTER 9.01 THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE; CREATED A DEFINITION FOR MEDICINAL CANNABIS RETAILER: TO REPLACE THE DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY: TO CONFORM WITH STATE LAW; REMOVED CERTAIN REQUIREMENTS FOR MEDICINAL CANNABIS RETAILERS FOR CONSISTENCY WITH STATE LAW AND TO ALLOW FOR SEPARATE REGULATION AND RULEMAKING; AND MODIFIED THE DEFINITION OF :INDUSTRY, LIMITED: TO ALLOW FOR MEDICINAL CANNABIS LIGHT MANUFACTURING," was presented. Recommended Action Staff recommends that City Council adopt the attached Interim Zoning Ordinance extending Interim Zoning Ordinance Number 2557 (CCS), which replaced the term "Medical Marijuana Dispensary" with "Medicinal Cannabis Retailer" throughout the City's Zoning Ordinance, Chapter 9.01 through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; created a definition for "Medicinal Cannabis Retailer" to replace the definition for "Medical Marijuana Dispensary" to conform with state law; removed certain requirements for Medicinal Cannabis Retailers for consistency with state law and to allow for separate regulation and rulemaking; and modified the definition of "Industry, Limited" to allow for medicinal cannabis light manufacturing. Motion by Councilmember Vazquez, seconded by Councilmember O'Dav, to adopt Ordinance No. 2566 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day, O'Connor; Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None ZONING 7.1). Second Reading and Adoption of Ordinance No. 2567 (CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING CHANGES, CORRECTIONS, AND CLARIFICATIONS TO THE CITY'S ZONING ORDINANCE, CHAPTERS 9.01 THROUGH CHAPTER 9.52 OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE," was presented. 8 December 12, 2017 Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Connor, to adopt Ordinance No. 2567 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None COMMUNITY CHOICE 7.E. Second Reading and Adoption of Ordinance No. 2568 (CCS) ENERGY entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, ESTABLISHING COMMUNITY CHOICE AGGREGATION THROUGH THE LOS ANGELES COMMUNITY CHOICE ENERGY (LACCE) JOINT POWERS AUTHORITY PURSUANT TO THE PUBLIC UTILITIES CODE," was presented. Recommended Action Staff recommends that City Council adopt an Ordinance establishing Community Choice aggregation through the Los Angeles Community Choice Energy (LACCE) Joint Powers Authority pursuant to the public utilities code. Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to adopt Ordinance No. 2568 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers McKeown, Vazquez, Himmehich, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None STAFF ADMINISTRATIVE 8.A. Twilight Concert Series and Pier Corporation Budget, Work ITEMS: Plan, and Bylaws, was presented. TWILIGHT CONCERT SERIES Recommended Action Staff recommends that the City Council: 1. Provide direction regarding the Twilight Concert Series (TCS), 9 December 12, 2017 2. Approve the Santa Monica Pier Corporation FY 2017-18 Budget and Work Plan, and 3. Approve modifications to the Santa Monica Pier Corporation Bylaws. Questions asked and answered of staff included: what was the reasoning for starting concerts after Labor Day; how can attendance capacity be reduced; using a no fee ticketing system; limiting advertising and marketing to only local oriented media, and how is this accomplished; setting up parking for the event at a satellite location and shuttling people into the event; cost of replacing beach sand due to contamination; are there level of resources that can make the current configuration on the beach safe; is there a safe number of people on the beach; is the proposed Fall format for the Twilight Concert Series a safer option; is the overtime due to requiring public safety staff to work the Thursday night event contributing to the cost; is the issue money, resources, or inability to control the unpredictability of the event; screening what people bring; setting a perimeter around the sand to create something more like a venue; and, what do other beach cities do to control crowds at similar events on the sand. Members of the public Anastasia Foster, Shawn Barney, Maggie Freilich, Jerry Rubin, Evan Spegal, Sean Butler, Krish Jayaran, Nathan Smithson, Josh Cunningham, Scott Ferguson, Lori Watshun, Chris McPherson, Kristian Byrne, Rochelle Wilson, Brian Auccin, Brittney Seeliger, Magdalena Davis, Hunter Hall, Martin Fleischmann, Damon Berger, Art Casillas, Brennen Lindner, Douglas Lawson, Chris Velasquez, Ann Thanawalla, Harry Bone, Judy Abdo, Jessica Brown, Harvey Eder, Roger Genser, John Smith, Lynda Dorf, Mitch Dorf, Rosalind Napoli, and Gray Bright, spoke on the recommended action. Motion by Councilmember Vazquez, seconded by Councilmember Himmelrich, to have no more than six events starting after Labor Day weekend. Motion to amend by Councilmember O'Dav, to find external resources to help create a plan that can maximize openness, safety, and create infrastructure solutions that allows support for events in future years. The motion was friendly to both the maker and the seconder. Motion to amend by Councilmember McKeown, to maintain the Twilight Concert Series as a culturally diverse event when seeking bands that do not draw large crowds. The motion was friendly to both the maker and the seconder. 10 December 12, 2017 Questions asked and answered of staff included: if it is practical to hand this over to the Santa Monica Pier Corporation Board for this first year of transition; what role will the city have in the process; and, whether public safety staff wants to have a more active role in the planning of the events to make sure the public safety aspects are covered. Councilmember Vazquez amended his motion, to include giving staff the authority to explore and negotiate the proposed options with the Santa Monica Pier Corporation and Sponsors, to come up with a package that will reduce the public safety threat to an acceptable level, and to have staff provide council with an information item once the details are worked out. However, if not worked out, include council to see if they are okay with the options. The amendment was friendly to the seconder. Motion to amend by Councilmember O'Connor, to keep flexibility on the number of concerts to up to six. The motion was friendly to both the maker and the seconder. Motion to amend by Mayor Winterer, to allocate a maximum of $400,000 in general fund monies for the public safety that is provided for the concerts and to cancel the concert series if it exceeds this amount and reimagine the series again. The motion was friendly to both the maker and the seconder. Motion to amend by Councilmember O'Connor, to keep flexibility on the time of the concerts to allow for daytime concerts as well as evening concerts. The motion was friendly to both the maker and the seconder. Council moved on to vote on staff recommendations two and three and would then return to vote on the motion on the table regarding staff recommendation one. Motion by Councilmember Himmehich, seconded by Mayor Winterer, to approve modifications to the Santa Monica Pier Corporation Bylaws as proposed by staff. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None Motion by Councilmember Himmelrich, seconded by Councilmember O'Connor, to approve the Santa Monica Pier Corporation FY 2017-18 Budget and Work Plan. The motion was approved by the following vote: 11 December 12, 2017 AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None Council returned to the motion on the table made by Councilmember Vazquez. The City Manager restated the motion. Motion by Councilmember Vazquez, seconded by Councilmember Himmelrich, to provide staff direction to collaborate with Santa Monica Pier Corporation to work on retaining the original spirit of the Twilight Concert Series by limiting attendance to primarily the Pier Deck through a re -imagined, cultural -oriented series of no more than six events starting after Labor Day; to give City Staff authority to achieve these goals through consideration of the options outlined in the Staff Report, including: add a no -fee ticketing system to prevent overcrowding and provide a more accurate count of expected attendees; remove all speakers that project towards the beach; reduce the size and prominence of the stage; relocate the stage so it is not visible from the beach; change the day of the week the series is held; book performers whose draw aligns with a small -sized venue; screen the Newcomb lot on the south side of the Pier to remove views from the sand; limit advertising and marketing to locally oriented media; to limit public safety costs to no more than $400,000 for public safety for the 2018 events, with the authority to suspend the series if this allocation is exhausted prior to the conclusion of the series of events; and, to engage outside resources to develop an assessment, drawing on other places that host larger scale beach events, including exploring fixed infrastructure needed to provide security for larger scale events. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None REORDER ITEMS The Mayor announced that Councilmember O'Connor would be leaving the meeting early, and requested that Item 13.A. be moved up earlier in the meeting. Council voted to re -order the agenda to listen to item 13.A. before item 8.B. Motion by Mayor Winterer, seconded by Councilmember O'Day, to re- order the agenda to listen to item 13.A. before item 8.B. The motion was approved unanimously by voice vote. COUNCILMEMBER 13.A. Year -End Annual Appointments to the following Boards and DISCUSSION ITEMS: Commissions, was presented. 12 December 12, 2017 ANNUAL APPOINTMENTS Members of the public Zina Josephs and Kim Koury, spoke on the item. Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee On order of the Mayor, the floor was opened for nominations to two seats for a term ending December 31, 2019. Councilmember McKeown nominated Tom Ford and Mary Marlow. There being no other nominations, Mr. Ford and Ms. Marlow were reappointed unanimously by voice vote to the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending December 31, 2019. Los Angeles County West Vector Control District On order of the Mayor, the floor was opened for nominations to one seat for a term ending December 31, 2019 or 2021. Mayor Pro Tem Davis nominated Nancy Greenstein. There being no other nominations, Ms. Greenstein was reappointed unanimously by voice vote to the Los Angeles County West Vector Control District for a term ending December 31, 2021. Santa Monica Pier Corporation Board On order of the Mayor, the floor was opened for nominations to four seats for a term ending December 31, 2021. Mayor Pro Tem Davis nominated Misti Kerns for reappointment. There being no other nominations, Ms. Kerns was reappointed unanimously by voice vote to the Santa Monica Pier Corporation Board for a term ending December 31, 2021. On order of the Mayor, Council decided to make appointments to the remaining three seats by each naming their three nominations and determining after which receive a majority. Councilmember McKeown nominated Daniela Martin, David Newberg, and Gray Bright for appointment. Mayor Pro Tem Davis nominated Carter Rubin, Evan Meyer, and Michael Dubin for appointment. 13 December 12, 2017 Councilmember O'Dav nominated Michael Dubin, Carter Rubin, and Daniela Martin for appointment. Councilmember O'Connor nominated Michael Dubin, Evan Meyer, and Carter Rubin for appointment. Councilmember Himmelrich nominated Gray Bright, Kira Navarre, and Doug Knoll for appointment. Councilmember Vazquez nominated Gray Bright, Kira Navarre, and Carter Rubin for appointment. Mayor Winterer nominated Gray Bright, Kira Navarre, and Doug Knoll for appointment. Mayor Winterer formally nominated Gray Bright. There being no other nominations, Mr. Bright was appointed unanimously by voice vote to the Santa Monica Pier Corporation Board for a term ending December 31, 2021. Mayor Pro Tem Davis formally nominated Carter Rubin. There being no other nominations, Mr. Rubin was appointed to the Santa Monica Pier Corporation Board for a term ending December 31, 2021, by voice vote with Councilmembers McKeown and Himmelrich voting no. Councilmember McKeown nominated Daniela Martin. Councilmember O'Connor nominated Evan Meyer. Mayor Winterer nominated Doug Knoll. Ms. Martin was appointed by the following vote to the Santa Monica Pier Corporation Board for a term ending December 31, 2021. Martin: Councilmember McKeown, Mayor Pro Tem Davis Meyer: Councilmembers O'Connor, O'Day Knoll: Councilmembers Himmelrich, Vazquez, Mayor Winterer Councilmembers O'Connor, Vazquez, Himmelrich, and Mayor Winterer changed their votes to Martin. STAFF ADMINISTRATIVE 8.13. Contract Award for the Parks & Recreation Master Plan ITEMS: Update and Status of Potential Parks Funding Measure, was presented PARKS & RECREATION MASTER PLAN4t-18 Recommended Action Staff recommends that the City Council: 1. Award Request for Proposals (RFP) #130 to MIG Inc., a 14 December 12, 2017 California based company, for the development of Santa Monica's Parks & Recreation Master Plan (PRMP) update; 2. Authorize the City Manager to negotiate and execute Agreement No. 10604 (CCS) with MIG Inc. in an amount not to exceed $488,706, including 10% contingency over a two year period; and 3. Review results from polling completed in August 2017 for a potential parks funding measure, and provide direction to staff to focus on completing the PRMP update and pause on the potential parks bond measure until the City is in a better position to move forward. Questions asked and answered of staff included what is a General Obligation (GO) Bond; will the proposed master planning process include small, non-traditional open spaces; with the expiring GO Bond, is there a way to characterize it as renewal or continuation as opposed to saying it is a new bond; in campaigning, can it be said that the taxes are not increasing; is it impossible to successfully pass the bond measure based on the poll results received; were there high results of people not in support of the bond measure; do we have the option to refinance the GO Bond; and, what is plan B if the bond measure doesn't pass in 2020. Members of the public Jerry Rubin, Ann Thanawalla, John Smith, Michael Brodsky, and Catherine Eldridge, spoke on the recommended action. Motion by Councilmember McKeown, seconded by Councilmember O'Day, to award request for proposals #130 to MIG Inc. for the development of Santa Monica's Parks and Recreation Master Plan (PRMP). The motion was approved by the following vote: AYES: Councilmembers McKeown, Vazquez, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember O'Day, to authorize the City Manager to negotiate and execute Agreement No. 10604 (CCS) with MIG Inc., in an amount not to exceed $488,706 over a two-year period. The motion was approved by the following vote: AYES: Councilmembers O'Connor, O'Day, Himmelrich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: None 15 December 12, 2017 Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown, to provide direction to staff to focus on completing the Parks and Recreation Master Plan update, not move forward with the potential parks bond measure in 2018 but instead wait until 2020 when the city is in a better position to move forward, and in the interim do some education and additional polling. The motion was approved by the following vote: AYES: Councilmembers McKeown, Himmelrich, O'Day, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: Councilmember Vazquez ABSENT: None MOUNTAIN VIEW B.C. Proposed Transfer of Mountain View Mobile Home Park, was MOBILE HOME PARK presented. Councilmember O'Connor was Recommended Action excused at 10:57p, in. Staff recommends that the City Council: 1. Authorize the City Manager to execute disposition and loan Agreement No. 10602 (CCS) with the Caritas Corporation, a California-based, 501(c)(3) nonprofit corporation, to become owner and operator of the City -owned Mountain View Mobile Home Park, consistent with the terms provided in Attachment A; and 2. Authorize the City Manager to execute easement Agreement No. 10603 (CCS) with the Caritas Corporation that allows Mountain View Mobile Home Park to encroach upon Gandara Park for as long as Mountain View Mobile Home Park remains subject to an affordability covenant. Questions asked and answered of staff included if the easement is to enable the eight mobile homes to have full lots; how many homes are on the encroached land; at 120 percent of area median income (AMI), what is the rent charged per space; are most people renting the home and leasing the land; how are the homes obtained if people want to purchase them; will Caritas provide the coaches for purchase; what is the cost of a new two bedroom coach; and, will accommodations be made for people while their homes are being replaced. Members of the public Denise Barton, Ann Thanawalla, and Ken Ward, spoke generally in favor of the recommended action. Motion by Councilmember Himmelrich, seconded by Mavor Pro Tem Davis, to authorize the City Manager to execute disposition and loan Agreement No. 10602 (CCS) with the Caritas Corporation, a California- based, 501(e)(3) nonprofit corporation, to become owner and operator of the City -owned Mountain View Mobile Home Park, consistent with the 16 December 12, 2017 terms provided in Attachment A. The motion was approved by the following vote: AYES: Councilmembers O'Day, Himmehich, Vazquez, McKeown, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O'Connor Motion by Councilmember Himmehich, seconded by Mayor Pro Tem Davis, to authorize the City Manager to execute easement Agreement No. 10603 (CCS) with the Caritas Corporation that allows Mountain View Mobile Home Park to encroach upon Gandara Park for as long as Mountain View Mobile Home Park remains subject to an affordability covenant. The motion was approved by the following vote: AYES: Councilmembers McKeown, Vazquez, Himmehich, O'Day, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O'Connor COUNCILMEMBER 13.B. Request of Mayor Winterer and Councilmember McKeown DISCUSSION ITEMS: that Council direct staff to explore a possible 2018 ballot measure BALLOT MEASURE that would protect against development exceeding the adopted General Plan or Zoning Code limits on height or Floor Area Ratio, by requiring super -majority Council approval, or by other means, and return to Council with options, was presented. Members of the public Jerry Rubin and Denise Barton, spoke on the recommended action. Motion by Councilmember McKeown, seconded by Mayor Winterer, to direct staff to explore a possible 2018 ballot measure that would protect against development exceeding the adopted General Plan or Zoning Code limits on height or Floor Area Ratio, by requiring super -majority Council approval, or by other means, and return to Council with options. Motion to amend by Councilmember Vazquez to remove the option of going to the ballot for land use issues. The motion was friendly to both the maker and the seconder. The motion, with the amendment was approved by a unanimous voice vote, with Councilmember O'Connor absent. PUBLIC INPUT: Members of the public Mark Lipman, Antonieta Villamil, Dave Hopkins, Art Casillas, Harley Eder, Ann Thanawalla, Denise Barton, and Johnathan Foster commented on various local issues. 17 December 12, 2017 ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 11:51 p.m. in memory of Ed Lee, Mayor of San Francisco. ATTEST: APPROVED: e -i"4 - RO�/ Esterlina Lugo Ted Winterer Deputy City Clerk Mayor 18 December 12, 2017