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m050812CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 8, 2012 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem Davis at 5:45 p.m., on Tuesday, May 8, 2012, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom (arrived at 8:07 p.m.) Mayor Pro Tem Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day (arrived at 6:35 p.m.) Councilmember Bobby Shriver Absent: Councilmember Pam O'Connor Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie Assistant City Clerk Denise Anderson - Warren CONVENEIPLEDGE On order of Mayor Pro Tem Davis, the City Council convened at 5:45 p.m., with Councilmembers O'Day, O'Connor, and Mayor Bloom absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There being no one present for public comment, the City Council recessed at 5:51 p.m., to consider closed sessions and returned at 6:52 p.m., with Councilmember O'Day Councilmember O'Connor and Mayor Bloom absent, to report the arrived at 6:35 p. m. following: 1 -A: Conference with Legal Counsel -Anticipated Litigation: Initiation of Litigation pursuant to Section 54956.9(c): California Regional Water Quality Control Board, California Water Code Section 13267 Order- Former Douglas Aircraft Site, 2902 Exposition Blvd., Santa Monica, CA 91601 (Site ID 204431100). Motion by Councilmember McKeown. seconded by Councilmember O'Day, to approve Settlement Agreement No. 9580 (CCS) in the amount of $39.5 million, with The Boeing Company, and authorize the City Manager to negotiate and execute any and all documents necessary to cant' out the purposes of the settlement agreement. The terms of the agreement are as follows: The Boeing Company will pay the city the sum of $39.5 million over the course of the next 10 years; $150,000 will be paid within the first 30 days after executing the agreement; the settlement agreement is May 8, 2012 contingent upon the Regional Water Quality Control Board issuing an appropriate Clean -Up and Abatement order to Boeing; Boeing will agree to abide by the terms of that order; the city has agreed to treat the city's Olympic Well Field's drinking water to appropriate regulatory standards; Boeing makes no admission of liability under this agreement. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, O'Day, Holbrook, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember O'Connor, Mayor Bloom 1 -B: Conference with Legal Counsel —Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (b) - 2 cases: I case (Claim of Dunn and Robhana); 1 case. Motion by Councilmember McKeown, seconded by Councilmember Shrive r, to approve an execution of Waiver and Tolling Agreement No. 9581 (CCS) with Charles Dunn Capital and Robhana, the owners of properties located at 71t Colorado, and 1514 7r" Street. The agreement would provide for tolling the statute of limitations to file a lawsuit based on their claim for damages and in exchange for that, they would waive damages claimed from the date the claim was filed and until termination of the agreement. This basically places a standstill agreement in place while both parties try and figure out the JSM unwind. The motion was approved by the following vote: AYES: Councihnembers Shriver, O'Day, Holbrook, McKeown Mayor Pro Tem Davis NOES: None ABSENT: Councilmember O'Connor, Mayor Bloom 1 -C: Conference with Legal Counsel —Anticipated Litigation: Consideration of whether to initiate litigation pursuant to Government Code Section 54956.9 (c) —1 case. City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -1): Conference with Legal Counsel —Existing Litigation: Dellarosa v. City of Santa Monica, Los Angeles Superior Court Case Number SC 111122. 2 May 8, 2012 Motion by Councilmember Shriver, seconded by Councilmember McKeown to approved settlement Agreement No. 9582 (CCS) in the amount of $60,000, for a trip and fall accident. AYES: Councilmembers McKeown, O'Day, Holbrook, Shriver Mayor Pro Tem Davis NOES: None ABSENT: Councilmember O'Connor, Mayor Bloom 1 -E: Conference with Real Property Negotiator Property: 1338 -42 Fifth Street 1323 Fifth Street City Negotiator: Andy Agle, Dir., Housing and Econ. Dev. Under Negotiation: Interest in Real Property Owner of Record: City of Santa Monica City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. 1 -F: Public Employee Evaluation. Title of Employees: City Attorney, City Manager City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. SPECIAL AGENDA 2 -A: Proclamation declaring May 20 -May 26, 2012 National Public ITEMS: Works Week, was presented by Mayor Pro Tem Davis to the Director of Public Works, Martin Pastucha. 2 -B: Acknowledgement— Fire Department Class 1 Designation, was presented by Fire Chief Scott Ferguson. 2 -C: Proclamation declaring the month of May 2012, Building and Safety Month, was presented by Mayor Pro Tem Davis to Building Officer, Ron Takiguchi. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joy Fullmer and Jerry Rubin commented on various Councilmember Shriver was Consent Calendar items. excused at 7:13 p.m. Motion by Holbrook, seconded by Councilmember McKeown, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: May 8, 2012 AYES: Councilmembers Shriver, Holbrook, O'Day, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember O'Connor, Councilmember Shriver, Mayor Bloom AXLE ASSEMBLY 3 -A: Rear Axle Assembly Services — recommendation to award Bid No. REPAIR AND REBUILD 3084 to Truck Gears Inc. (TGI), in the amount of $90,000 for rear and front axle assembly repair and rebuild services for a term of one year, with two additional one -year renewal options, was approved. BUS WASH 3 -B: Purchase of Bus Wash —recommendation to award Bid #3076 to DeltaGreen, in the amount of $300,000, for the purchase and delivery of bus wash for a three -year term, was approved. HARDWARE AND 3 -C: Purchase of Hardware and Software Technology — SOFTWARE recommendation to authorize the purchase of hardware and software TECHNOLOGY technology from the following vendors: CDW in an amount not to exceed $700,000; EnPointe in an amount not to exceed $500,000; and, Nth Generation in an amount not to exceed $300,000 for FY's 2011/12 and FY 2012/13, was approved. SEATTLE FARM BILL 3 -D: Adoption of Resolution No. 10676 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE SEATTLE FARM BILL PRINCIPLES AND SUSTAINABLE FARMS AND FOOD SYSTEMS," was adopted. SB 1066 3 -E: Consideration of Support for Senate Bill 1066 (Lieu) — recommendation to support Senate Bill 1066 (Lieu) which would allow the California Coastal Conservancy to engage in projects that address climate change impacts to coastal resources and urban waterfronts, was approved. STUDY SESSION: 4 -A: Santa Monica Airport Campus Phase II Public Process Findings — recommendation to review and comment on the results of the AIRPORT VISIONING Santa Monica Campus Phase II Public Process; provide guidance to staff PROCESS on Phase III; and, direct staff to proceed with the Airport visioning process, including guidance on the Airport Commission conducting two workshops Councilmember Shriver during Phase I1I, was presented. returned at 7:1 7 p. m. Daniel Iacofano from MIG Consulting firm presented the results from the Airport Phase 11 Visioning public process, and City Attorney Marsha Moutrie explained legal issues and challenges from past to present. Mayor Bloom arrived at Members of the public Bill Rosenthal, Michael Broadsky, Martin Rubin, 8:01 p.m. John Machtinger, Jerry Rubin, Vivien Flitton, Robert Rigdon, Kathy May 8, 2012 Knight, Joanne Curtis, Lorraine Sanchez, Zina Josephs, Carol Babeh, Marianne Parker Brown, Michelle Perrone, Mike Salazar, Marcy Winograd, Lisa Hughes, Rob Nukes, Sergey Ryazantsev, Anne Hawthorne, Val Davidson, Denise Barton, Nathan Court, Laura Silagi, Anne Eggebroten, Ingrid Mueller, Charles Rollins, John Murdock, Noah Blaustein, Edward McQueeney, Andrew Gledwill, and Ellen Hawwan, spoke in opposition of the airport staying open past 2015; opposed flight schools and the city subsidizing them to go elsewhere; and, expressed concerns about the health, safety, welfare of residents and the pollution hazards that threaten the surrounding neighborhoods. Members of the public David Goddard, Walter Davie, Cathy Larson, Bill Dunn, Ted Winterer, Charles Griffin, and Offer Grossman, commented and gave recommendations for alternatives, if the airport remains opens. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to add a sixth point to the recommendation to direct staff to explore and define the city's legal rights if and as they exist to close the airport, if the identified problems cannot be negotiated. Motion to amend by Mayor Pro Tem Davis, to add a seventh bullet point to the recommendation: to work with the state and federal governments as well as private institutions to evaluate the health impacts of the airport. The motion was accepted as friendly by the maker. Discussion ensued on the information presented and public comment related to the Airport including, but not limited to: negotiate mitigations to enhance the airport; subsidize flight schools to move to other local airports; use political muscle by joining forces with other cities such as the City of Los Angeles, Brentwood, etc., to exchange ideas for the airport; include the profitability of the airport; survey good practices at other airports to see what they have done to give themselves more control of their local airports; examine the types of leases currently at the airport; in this upcoming phase, work better with the community to provide accurate information; and to research for any unintentional consequences as a result of the airport closing. Motion by Councilmember McKeown, seconded by Mayor Pro Tem Davis, to approve the original motion including the friendly amendment. The motion was approved by the following vote: AYES: Councilmembers McKeown, Holbrook, O'Day, Shriver, Mayor Pro Tem Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor May 8, 2012 ORDINANCES: 7 -A: Second reading and adoption of Ordinance No. 2399 (CCS) HEARING EXAMINERS entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY FOR PERSONNEL OF SANTA MONICA EXPANDING THE OPTIONS FOR PROVIDING APPEALS HEARING EXAMINERS TO DECIDE PERSONNEL APPEALS," was presented. There was no one present for public comment. Motion by Councilmember O'Day, seconded by Councilmember McKeown, to Ordinance No. 2399 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Chair Pro Tern Davis, Chair Bloom NOES: None ABSENT: Councilmember O'Connor STAFF ITEMS: 8 -A: Issuance of General Obligation Refunding Bonds and Wastewater Refunding Revenue Bonds — recommendation adopt Resolution INSSUANCE OF No. 10674 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL REFUNDING BONDS OF THE CITY OF SANTA MONICA PROVIDING FOR THE ISSUANCE OF ITS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 ( (LIBRARY IMPROVEMENT PROJECT) IN THE PRINCIPAL AMOUNTI NOT TO EXCEED THIRTEEN MILLION DOLLARS ($13,000,000) "; adopt Resolution No. 10675 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ISSUANCE OF CITY OF SANTA MONICA WASTEWATER Councilmember Holbrook REFUNDING REVENUE BONDS SERIES 2012A, APPROVING THE was excused at 10:26p. m. EXECUTION AND DELIVERY OF A SUPPLEMENTAL INDENTURE AND A BOND PURCHASE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO'; and appropriate budget increases, was presented. Member of the public Denise Barton spoke in opposition of the recommendation. Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to adopt Resolution No. 10674 (CCS) reading by title only, and waiving fmrther reading thereof, and approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Chair Pro Tern Davis, Chair Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor 6 May 8, 2012 Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to adopt Resolution No. 10675 (CCS) reading by title only, and waiving further reading thereof, and approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Chair Pro Tem Davis, Chair Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor Motion by Mayor Pro Tem Davis, seconded by Councilmember O'Day, to approve appropriation of budget increases. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Shriver, Chair Pro Tem Davis, Chair Bloom NOES: None ABSENT: Councilmembers Holbrook, O'Connor SUSTAINABLE CITY 8 -B: Recommendation to approve the addition of Arts and Cultural PLAN ADDITION Goal Area to the Sustainable City Plan, was presented. There was no one present for public input. Motion by Councilmember Shriver, seconded by Mayor Pro Tem Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, O'Day, McKeown, Chair Pro Tem Davis, Chair Bloom NOES: None ABSENT: Councilmembers O'Connor, Holbrook ITEM WITHDRAWN 8 -C: School District Master Facilities Use Agreement— recommendation to review and approve the recommendations to the Adjustment Conference Committee; and authorize the City Manager to negotiate and execute a Master Facilities Use Agreement and supplemental agreements with the Santa Monica - Malibu Unified School District for an initial term of 10 years (ending June 30, 2022). This item was withdrawn at the request of staff. PUBLIC HEARINGS: 9 -A: Public Hearing and Approval of the Proposed FY2012 -13 One - Year Action Plan Allocating Federal Community Development Block CDBG AND HOME Grant (CDBG) and HOME Investment Partnership Act Program GRANT FUNDS (HOME) Entitlement Grant Funds — recommendation to hold a public 7 May 8, 2012 hearing, receive public comment, and approve the Proposed FY 2012 -13 One -Year CDBG and HOME Action Plan; and authorize the City Manager to submit all documents required to receive the City's annual CDBG and HOME entitlement grant funds to the U.S. Department of Housing and Urban Development, was presented. Members of the public Denise Baton and Catherine Eldridge spoke on various aspects of the recommendation. Motion by Councilmember Shriver, seconded by Mayor Pro Tent Davis, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Shriver, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmembers O'Connor, Holbrook RESOLUTIONS: 11 -A: Amendment of Preferential Parking Zones GG and MM — recommendation to amend Zone GG to include Michigan Ave. between 7th PREFERENTIAL Street and Lincoln Blvd; amend the existing regulations in Zone GG; PARKING ZONES GG amend Zone MM to include Peal Street between Lincoln Blvd. and 10th AND MM Street; and, adopt Resolution No. 10677 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA Councilmember Holbrook MONICA AMENDING PREFERENTIAL PARKING ZONES GG AND returned at 10: 44 p. m. MM, AND AMENDING RESOLUTION 9344 "PREFERENTIAL PARKING ZONES" CCS BY REPLACING EXHIBIT A, was presented. Members of the public Pamela Cain, Hans Habeubeck, and Brian Lee expressed concerns about the recommendation. Discussion ensued on the merits of the recommendation and staff answered questions from Council regarding the various Preferential Parking zones. Motion by Councilmember Holbrook, seconded by Councilmember O'Day, to adopt Resolution No. 10677 (CCS), reading by title only, and waiving further reading thereof, and approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers Shriver, Holbrook, O'Day, McKeown, Chair Pro Tern Davis, Chair Bloom NOES: None ABSENT: Councilmember O'Connor May 8, 2012 COUNCIL DISCUSSION 13 -A: Appointment to one unscheduled vacancy on the Housing ITEMS: Commission for a term ending June 30, 2014, was presented. HOUSING COMMISSION There was no on present for public comment. The Mayor opened the floor for nominations to one vacancy on the Commission. Councilmember McKeown, nominated Joanne Leavitt. Mayor Bloom, nominated Lauren Block. On a vote of the Council, Ms. Leavitt was appointed by the following vote: Leavitt: Councilmembers Shriver, Holbrook, O'Day, McKeown, Mayor Pro Tern Davis Block: Mayor Bloom Mayor Bloom requested to change his vote to Ms. Leavitt, thereby appointing Ms. Leavitt by acclamation, with Councilmember O'Connor absent. PERSONNEL BOARD 13 -B: Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2014, was presented. There was no on present for public comment. The Mayor opened the floor for nominations to one position on the Board. Councilmember McKeown, nominated Lael Rubin. Mayor Pro Tern Davis, nominated Elliot Gordon. Councilmember Shriver, nominated Phillip Tate. On a vote by Council, no one received a majority of votes as follows: Rubin: Councihnember McKeown Gordon: Councilmember O'Day, Mayor Pro Tern Davis Tate: Councilmembers Holbrook, Shriver, Mayor Bloom The Mayor called for another vote: Phillip Tate was appointed by the following vote: Tate: Councilmembers Holbrook, Shriver, O'Day, Mayor Bloom Gordon: Mayor Pro Tern Davis Rubin: Councilmember McKeown On a vote of Council, Phillip Tate was appointed to the Personnel Board, May 8, 2012 with Councilmember O'Connor absent. SOCIAL SERVICES 13 -C: Appointment to one unscheduled vacancy on the Social Services COMMISSION Commission for a term ending on June 30, 2014, was presented. There was no on present for public comment. The Mayor opened the floor to nominations to one position on the Commission. Mayor Bloom, nominated Erin Hand. There being no other nominations, Ms. Hand was appointed, by acclamation, with Councilmember O'Connor absent. BUILDING & TIRE -LIFE 13 -1): Appointment to two vacancies on the Building and Fire -Life SAFETY COMMISSION Safety Commission or terms ending on June 30, 2016, was presented. There was no on present for public comment. The Mayor opened the floor to nominations to two positions on the Commission. Motion by Councilmember Holbrook, nominated James Bagnell and Stuart Tom. There being no other nominations, Mr. Bagnell and Mr. Tom were appointed, by acclamation, with Councilmember O'Connor absent. BUILDING & FIRE -LIFE 13 -E: Appointment to one unscheduled vacancy on the Building and SAFETY COMMISSION Fire -Life Safety Commission for a term ending on June 30, 2013, was presented. On order of the Mayor, this item was continued to a future meeting. AIRPORT COMMISSION 13 -17: Request to declare Eugene Richard Brown's seat on the Airport Commission vacant and authorize the City Clerk to publish the vacancy, was presented. There was no on present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the recommendation, with sorrow. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. STATUS ON THE 13 -G: Recommendation to accept Sarah Stegemoeller's resignation COMMISSION OF from the Commission on the Status of Women and authorize the City WOMEN Clerk to publish the vacancy, was presented. 10 May 8, 2012 There was no on present for public comment. Motion by Councilmember McKeown, seconded by Mayor Pro Tern Davis, to approve the recommendation, with regret. The motion was unanimously approved by voice vote, with Councilmember O'Connor absent. PUBLIC INPUT: Members of the public Denise Barton, Joseph Teixeira, and Charles Griffin commented on various local issues. On order of the Mayor, the City Council meeting was adjourned at 11:30 p.m. in memory of Pamela D. Zierenberg and Michael Griswold. ATTEST: APPROVED: PiWX a —� Denise Anderson - Warren Richard Bloom Assistant City Clerk Mayor 11 May 8, 2012