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m20191022.pdf 1 October 22, 2019 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 22, 2019 A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:30 p.m., on Tuesday, October 22, 2019, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Gleam Davis Mayor Pro Tem Terry O’Day Councilmember Sue Himmelrich Councilmember Ana M. Jara Councilmember Kevin McKeown Councilmember Greg Morena Councilmember Ted Winterer Also Present: City Manager Rick Cole City Attorney Lane Dilg City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present. Mayor Pro Tem O’Day led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS Members of the public Denise Barton and Paula Larmore commented on closed sessions. Councilmember Jara recused herself from Item 1.E. On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 7:58 p.m., with all members present, to report the following: 1.A. 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 v. City of Santa Monica, Los Angeles Superior Court, Case No. BC16804; City of Santa Monica v. Pico Neighborhood Association & Maria Loya, California Court of Appeal, Second Appellate District, Case No. B295935. The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 2 October 22, 2019 1.B. Conference with Legal Counsel – Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Homeaway.com, Inc. v. City of Santa Monica, Central District of California, Case No. 16-cv-06641-ODW(AFM); Airbnb, Inc. v. City of Santa Monica, Central District of California, Case No. 16-cv- 06645-ODW(AFM); Homeaway.com, Inc. & Airbnb, Inc. v. City of Santa Monica, Ninth Circuit Court of Appeals, Case Nos. 18-55367, 18- 55805, 18-55806. The City Attorney advised this matter was not heard. 1.C. Conference with Legal Counsel – Existing Litigation - Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Rogelio Monroy v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCV10640; Elizabeth Esquivias v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCP03381; Jose Zaldivar v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 19STCP03458; ; John Doe #1, et al. v. Roe #1, et al., Los Angeles Superior Court, Case No. 19STCV34374. The City Attorney advised this matter was heard with no reportable action taken. 1.D. Conference with Legal Counsel – Anticipated Litigation -- Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Claims against City: Claim No. 18-629, claimant R.M.; Claim No. 18-684, claimant E.E.; Claim No. 19-019, claimant J.Z.; Claim No. 19-127, claimant John Doe 1; Claim No. 19-128, claimant John Doe 2; Claim No. 19-129, claimant John Doe 3; Claim No. 19-130, claimant John Doe 4; Claim No. 19-131, claimant John Doe 5; Claim No. 19-132, claimant John Doe 6; Claim No. 19-146, claimant John Doe 7; Claim No. 19-156, claimant A.F.; Claim No. 19-157, claimant C.M.; Claim No. 19-158, claimant J.M.; Claim No. 19-159, claimant J.L.; Claim No. 19-258, claimant C.E.; Claim No. 19-435, claimant J.R; Claim No. 19-518, claimant J.G. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 3 October 22, 2019 Councilmember Jara was excused at 6:45 p.m. Councilmember Jara returned at 7:23 p.m. The City Attorney advised this matter was heard with no reportable action taken. 1.E. Conference with Labor Negotiator: Government Code Section 54957.6. Agency Designated Representatives: Lori Gentles, Chief People Officer-HR, Human Resources Manager Shawn Weiske, and Outside Counsel Laura Kalty, Bargaining Unit: Coalition of Santa Monica City Employees (CSMCE). The City Attorney advised this matter was heard with no reportable action taken. 1.F. Conference with Legal Counsel – Anticipated Litigation – Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): land use litigation claim: 1443 18th Street, Administrative Approval (“AA”) Application # 18ENT-0077 The City Attorney advised this matter was heard with no reportable action taken. 1.G. 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. Hsing-Chin Hsieh and Shuyu Xu Hsieh, Los Angeles Superior Court, Case No. 19SMCV01521 The City Attorney advised this matter was a lawsuit filed by the City Attorney’s Office Consumer Protection Division against two landlords for violation of the City’s tenant harassment ordinance. The City Attorney’s office is recommending resolving the litigation with a settlement to include payment of $3,475 from the landlord to the tenant to cover expenses and fees in an unlawful detainer action; payment by the landlord to the City of $35,000 and the hiring of a third-party manager to manage the property. Motion by Councilmember Winterer, seconded by Councilmember Himmelrich, to approve Settlement Agreement No. 10964 (CCS). The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None 1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Brian Sathre v. City of Santa Monica, Los DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 4 October 22, 2019 Angeles Superior Court, Case No. 18STCV05552 The City Attorney advised this matter was heard with no reportable action taken. SPECIAL AGENDA ITEMS: 2.A. Proclamation: Domestic Violence Awareness Month, was presented. 2.B. Commendations: 18/19 GoSaMo Achievement Award Recipients, was presented. REPORT ON COUNCIL TRAVEL There was nothing to report on Council travel. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Denise Barton commented on various Consent Calendar items. At the request of Councilmember Jara, Item 3.N. was removed from the Consent Calendar. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Morena , to approve the Consent Calendar except for Item 3.N., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None AIRPORT SECURITY 3.A. Reject Bids for Santa Monica Airport Security Enhancement Project, was approved. Recommended Action Staff recommends that the City Council: 1. Reject all bids for Bid #SP2568 for the Santa Monica Airport Security Enhancement Project for the Public Works Department; 2. Direct staff to reissue a bid to obtain the best bidder for the Santa Monica Airport Security Enhancement Project. COUNCIL MEETING SCHEDULE 3.B. Cancellation of Regular City Council Meeting Scheduled for December 24, 2019, and Scheduling of a Special Meeting for December 17, 2019, was approved. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 5 October 22, 2019 Recommended Action Staff recommends that the City Council vote to: 1. Cancel the Regular Meeting scheduled for December 24, 2019, due to the Holiday; and 2. Schedule a Special Meeting for December 17, 2019. HISTORIC PROPERTY PRESERVATION 3.C. Adoption of Resolution Nos. 11205 (CCS) through 11209 (CCS) approving Historic Property Preservation Agreement Nos. 10955 (CCS) through 10959 (CCS) (Mills Act Contracts) between the City of Santa Monica and the property owners of City-designated historic resources located at 310-312 Wilshire Boulevard, 451 San Vicente Boulevard, 954 5th Street, 1129 Ashland Avenue, and 525 Georgina Avenue, were approved. Recommended Action Staff recommends that the City Council adopt the attached Resolutions authorizing the City Manager to execute Historic Property Preservation Agreements (Mills Act Contracts) between the City of Santa Monica and the property owners of City-designated historic resources located at 310- 312 Wilshire Boulevard, 451 San Vicente Boulevard, 954 5th Street, 1129 Ashland Avenue, and 525 Georgina Avenue. BEACH CONCESSIONS 3.D. Award Request for Proposal and enter into Agreement No. 10960 (CCS) with Chaos Enterprises for Beach Concessions on Santa Monica State Beach, was approved. Recommended Action Staff recommends that the City Council: 1. Award RFP #238 to Chaos Enterprises, d/b/a Perry’s Café and Rental, a California-based company, for operation of four beach concessions on Santa Monica State Beach. 2. Authorize the City Manager to negotiate and execute an agreement with Chaos Enterprises d/b/a Perry’s Café and Rentals for a ten-year term with one five-year option, upon approval from the City and State, based on proposed capital investment. The annual minimum rent is $300,000 or 8% of gross sales, whichever is higher. 1244 14TH STREET 3.E. Adoption of Resolution No. 11210 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL NO. 77181 TO SUBDIVIDE A PROPERTY AT 1244 14TH STREET,” was approved. Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Tract Map No. 77181 at 1244 14th Street. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 6 October 22, 2019 PRINT SHOP 3.F. Approval of Modification of Xerox Contract for Lease, Maintenance and Copy Overages for the City's Print Shop, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification and reinstatement of Contract 9869 (CCS) in the amount of $84,480 with Xerox Corporation, a Connecticut-based company, for lease, maintenance and copy overages on one High Speed Color Printer for the City’s Print Shop. This will result in a six-year amended agreement with a new total amount not to exceed $430,500, with future year funding contingent on Council budget approval. TRAFFIC SAFETY 3.G. Authorization to accept grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $250,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department. 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. ELECTRIC BUSES 3.H. Award Contract with Gillig LLC for Purchase of Battery Electric Buses, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute Agreement No. 10961 (CCS) with Gillig LLC, a California-based company, to furnish and deliver up to eighteen 40-foot battery electric buses to the Big Blue Bus Department. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC Section 2.24.250(c) and is for an amount not to exceed $19,020,247 with future year funding contingent on Council budget approval; 2. Authorize the City Manager to negotiate and execute Agreement No. 10962 (CCS) with Gillig LLC, a California-based company, to furnish and deliver up to eighteen charging stations for battery electric buses to the Big Blue Bus Department. This recommended award is made as an exception to the competitive bidding process DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 7 October 22, 2019 pursuant to SMMC Section 2.24.250(c) and is for an amount not to exceed $2,457,041 with future year funding contingent on Council budget approval. POLICE GRANT 3.I. Authorization to accept grant from the United States Department of Justice (USDOJ) for the purchase of bulletproof vests, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $16,800 from United States Department of Justice (USDOJ) for the 2018 Bulletproof Vest Partnership (BVP) Grant for the purchase of bulletproof vests by the Police Department. 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. COUNCIL MEETINGS LOCATION 3.J. Adoption of Resolution No. 11211 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TEMPORARILY RELOCATING CITY COUNCIL MEETINGS FROM SANTA MONICA CITY HALL TO SANTA MONICA CIVIC AUDITORIUM AND REPEALING RESOLUTION NUMBER 11201 (CCS)”, was approved. Recommended Action Staff recommends that the City Council repeal Resolution Number 11201 (CCS) and adopt the attached resolution temporarily designating the East Wing in the Santa Monica Civic Auditorium as the place for holding regular meetings due to the Council Chambers Audio/Visual (AV) Remodel project’s new construction timeline. OPEN DATA 3.K. Approval to enter into Agreement No. 10963 (CCS) with Tyler Technologies for Open Data and Open Performance Software Services, was approved. Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Tyler Technologies, a Texas– based company, for Open Data and Open Performance software. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $401,751 over a five-year period, with future year funding contingent on Council budget approval. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 8 October 22, 2019 MINUTES 3.L. Minutes of City Council - Regular Meeting - January 22, 2019 5:30 PM, were approved. MINUTES 3.M. Minutes of City Council - Adjourned Regular Meeting - October 15, 2019 5:30 PM, were approved. ETHICS HOTLINE 3.O. Adoption of Resolution No. 11212 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING AUDIT COMMITTEE RESPONSIBILITIES TO INCLUDE MONITORING THE CITY’S ADMINISTRATION OF A CONFIDENTIAL ETHICS HOTLINE”, was approved. Recommended Action Staff recommends that the City Council adopt the attached resolution modifying the Resolution of the City of Santa Monica establishing an Audit Committee. WELLBEING GRANT 3.P. Authorization to Accept Funding from the Robert Wood Johnson Foundation in Support of the Wellbeing Summit, was approved. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to accept a grant awarded in the amount of $50,000 from the Robert Wood Johnson Foundation for the inaugural Wellbeing Summit hosted by the Office of Civic Wellbeing, and to accept all grant renewals; and 2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. SANTA MONICA COLLEGE Councilmember Jara was excused at 8:17 p.m. 3.N. Approval of First Modification to Ground Lease with Santa Monica College (SMC) for Early Childhood Lab School (ECLS), was presented. Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to Ground Lease Agreement #10079 in the estimated amount of $1,161,304 with the Santa Monica Community College District, a California-based company, for the operation of the Early Childhood Lab School. This will result in an amended agreement with a new total estimated amount of $7,822,894, with future year funding contingent on Council budget approval. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 9 October 22, 2019 2. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report. Councilmember Jara recused herself from this item due to avoid the appearance of a conflict of interest because her daughter works for the city. Motion by Mayor Pro Tem O’Day, seconded by Councilmember McKeown, to approve the recommended action. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: Councilmember Jara ORDINANCES: FALSE STATEMENTS Councilmember Jara returned at 8:18 p.m. 7.A. Second Reading and Adoption of Ordinance No. 2619 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.820 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE MAKING OF FALSE STATEMENTS TO THE CITY”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember McKeown, seconded by Councilmember Morena, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None CITY ATTORNEY INVESTIGATIVE AUTHORITY 7.B. Second Reading and Adoption of Ordinance No. 2620 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2.32.040 OF THE SANTA MONICA MUNICIPAL CODE TO ENHANCE THE INVESTIGATIVE AUTHORITY OF THE CITY ATTORNEY”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember McKeown, seconded by Mayor Pro Tem O’Day , to adopt the ordinance, reading by title only and waiving further reading thereof. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 10 October 22, 2019 The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None CONSTRUCTION MANAGEMENT PLANS 7.C. Second Reading and Adoption of Ordinance No. 2621 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 8.98 TO REQUIRE SUBMISSION OF CONSTRUCTION MANAGEMENT PLANS FOR CERTAIN CONSTRUCTION PROJECTS”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Jara, seconded by Mayor Pro Tem O’Day, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None AFFORDABLE HOUSING 7.D. Second Reading and Adoption of Ordinance No. 2622 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.64 TO EXTEND THE REMOVAL OF THE EXTREMELY LOW-INCOME AFFORDABLE HOUSING CATEGORY”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Councilmember Morena, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Jara, Winterer, McKeown, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None BUILDING STANDARDS CODE 7.E. Second Reading and Adoption of Ordinance No. 2623 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 11 October 22, 2019 SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE BY ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODE AND THE SANTA MONICA LOCAL AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE”, was presented. Recommended Action Staff recommends that City Council adopt the attached Ordinance. Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem O’Day, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None ZONING 7.F. Introduction and First Reading of an Ordinance to Amend the Text of the City’s Zoning Ordinance Related to R1 (Single-Unit Residential) Development Standards, was presented. Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending the text of the City’s Zoning Ordinance related to development standards for the R1 (Single-Unit Residential) District. Questions asked and answered of staff included but not limited to: when looking at lot coverage, is it not including Accessory Dwelling Units; the aggregate lot coverage could be as great as we have now or even more; is it correct that with the new state law, you could have up to two ADUs on a lot; how is it that the Planning Commission decided to go from a 50% coverage to 45%; clarification on how this will affect property value; how does this new zoning law affect the housing supply; was there any demographics or data from the public outreach meetings that were held; explain the 300 sq. feet cap on a balcony; would a covered canopy count towards parcel coverage for parking; do solar panels on top of roofs apply to the height limit; if someone chooses not to build an ADU on their property and used that percentage to increase their house size, could they negotiate to increase the size of their main parcel; how did the staff come down to 50% for a second story when the public meetings showed the average was 55%, then the Planning Commission agreed on 45%; not withstanding the parcel coverage limitation, what could be built given the stepbacks and setbacks; ADUs can be occupied by members of the main house; what happens to the owner of a substandard lot (less than 7500 sq. ft); does the 55% only apply to a one-story addition; was there any talks DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 12 October 22, 2019 about design-review during this process; can ADUs be attached to the initial house; what’s the logic of including the garage into the square footage of the house; could you put a 2-story ADU on top of the garage; what is the technical difference between a remodel and a rebuild; and, do we want to encourage people not to have a garage. Members of the public Leslie Lambert and Shawn Landres, J. Charles, Rebecca Gomez Hold, Dee Melody, Barbara Kaplan, Alyse Zeczepinski, Raquel Vallejo, Bob Posek, Danilo Bach, Susan Giesberg, Michael Medkiff, Kathy Knight, Nancy Coleman, Eoin Gubbins, Zina Josephs, Cathy Larson, Gwynne Pugh, Leah Mendelsohn, Tamara Hagei, Ellen Conrad, Greg Chou, James Hartung, Katherine Dreyfass, Alan Dabach, Susan Beavers, Albert Karel, John Walters, Shala O’Neil, Joshiah Friedlander, Tova Larsen, Jonathan Eng, John Skinner, Cynthia Pintros (time donated by Mo. Adaya), Kat Wolfson, Ben Borukim, Beverly Palmer, and John Andrews spoke to the recommended action. Considerable discussion ensued on topics including, but not limited to: the overwhelming testimony, net-zero requirements and how it applies to remodels and new builds; removing the garage from the consideration of remodel and increasing the parcel to 55% for the 2nd story; attaching the accessory dwelling unit (ADU) will give you the extra square footage you need and still have a really big house; encourage remodels and additions by providing incentives for permits; depending on the lot size, ADUs can increase the sq. footage up to 1,000 square feet; the concern of appearance is not about how the house looks from the front, it’s about how it affects your neighbors; encourage remodels instead of new builds; it’s unrealistic to think that every Santa Monican is going to want to build an ADU; and the possibility to create an ordinance that would have the differences between 9,000 to 12,000 square feet, and something else for anything under 8,500 square feet. Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to move the staff recommendation with a couple modifications, 1) to increase parcel coverage limit to 50%, and 2) to remove the garage from consideration of the parcel coverage in a case of a remodel. Councilmember Himmelrich, proposed a friendly amendment to incentivize in the case of a 2-story remodel, increase the percentage to 55%. The motion was considered friendly by the maker of the motion. Mayor Davis, proposed a possible amendment to encourage remodels by allowing greater lot coverage for 2nd story remodels, and a 45% parcel coverage for any lots over 7,000 square feet. The amendment was not considered. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 13 October 22, 2019 Mayor Pro Tem O’Day excused at 11:40 p.m. Substitute Motion by Councilmember McKeown, seconded by Councilmember Himmelrich, to adopt the staff recommendation with the amendment that for remodels the 55% allowance applies, even on a 2-story remodels. Mayor Pro Tem O’Day, proposed a friendly amendment to suggest reducing from the 50% maximum threshold to a 45% threshold for an 8,000 sq. ft. or above. The motion was not considered friendly by the maker. The Mayor restated the substitute motion by Councilmember McKeown, seconded by Councilmember Himmelrich, that all new construction be limited to 45% lot coverage, but that single-story and 2nd story remodels be allowed 55% lot coverage. Councilmember Winterer proposed a friendly amendment to the substitute motion to allow 50% parcel coverage for the first 5,000 sq. ft. of any lot, and then 45% on the additional square footage above 5,000 sq. ft. This was not considered friendly to the maker because the language is already included in the original ordinance. The motion was approved by the following vote: AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara, Mayor Davis NOES: Mayor Pro Tem O’Day ABSENT: None Motion by Councilmember Morena, seconded by Mayor Davis, to give direction to staff to include looking into financial disincentives to remodels or financial incentives to remodel, changing the fee structure to encourage remodel rather than tear-down and rebuild. The motion was approved by voice vote, with Mayor Pro Tem O’Day absent. Motion by Councilmember Himmelrich, seconded by Councilmember Winterer, to give direction to staff to look at how to encourage people to deed restrict their ADUs for people who qualify for affordable housing, for a period of time. The motion was approved by voice vote, with Mayor Pro Tem O’Day absent. The City Attorney read into the record the changes that were voted on in the substitute motion. The Council agreed with the changes. PUBLIC INPUT Members of the public Denise Barton, Dhun May and Jonathan Foster commented on various local issues. DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B 14 October 22, 2019 ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:03 a.m. ATTEST: A P P R O V E D : Denise Anderson-Warren Gleam Davis City Clerk Mayor DocuSign Envelope ID: F71F228C-9379-4770-BF61-9BA52AA9874B