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m-043013C� i l - 11'L �1 �cY 1 ► fl7 � [� 7 ► i CN 1 CITY COUNCIL MINUTES APRIL 30, 2013 A special meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 5:31 p.m., on Tuesday, April 30, 2013, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Pam O'Connor Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Tony Vazquez (arrived at 5:34 p.m.) Councilmember Ted Winterer Absent: Mayor Pro Tem Terry O'Day Also Present: City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Sarah P. Gorman (arrived at 5:55 pm) Assistant City Clerk Denise Anderson- Warren (excused at 5:55 pm) CONVENENLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with Council member Vazquez and Mayor Pro Tern O'Day absent. Councilmember Winterer led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS There was no one present for public comment for closed sessions. Councilmember Vazquez arrived On order of the Mayor, the City Council recessed at 5:32 p.m., to consider at 5:34 p.m. closed sessions and returned at 6:45 p.m., with Mayor Pro Tern O'Day absent, to report the following: 1 -A: Public Employee Evaluation. Title of Employees: City Manager and City Attorney City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken, with the exception of the completed evaluation of Ms. Moutrie. I -B: Conference with Legal Counsel — Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): 1 case April 30, 2013 City Attorney Marsha Moutrie reported that this item was heard with no reportable action taken. ITEMS HEARD OUT OF Motion by Councilmember Winterer, seconded by Councilmember ORDER Holbrook, to hear Items 8 -A and 11 -A together, and hearing the Consent Calendar subsequently. The motion was unanimously approved by voice vote, with Mayor Pro Tem O'Day absent. STAFF ITEMS: 8 -A: Santa Monica Airport Campus Phase IH Findings, Landing Fee Study and the Future of Santa Monica Airport Operations — recommendation to adopt the proposed Resolution revising Santa Monica Airport (the "Airport" or "SMO ") landing fees and making them applicable to all aircraft as of August 1, 2013; approve the development of a pilot program for retrofitting aircraft used in flight training with mufflers or other sound mitigation equipment and direct staff to include $200,000 for the pilot program in the proposed FY 2013 -15 City budget; review and comment on the proposals formulated through Phase III of the Airport Visioning Process and information provided by staff and the community; and direct staff to (1) continue to identify and analyze the possibilities for current and future actions to reduce Airport noise, air pollution and safety risks through Airport reconfiguration, revised leasing policies, voluntary agreements, mandatory restrictions, and all other means; (2) continue to assess the potential risk and benefits of closing or attempting to close all or a portion of the Airport; and (3) return to Council, by March of 2014, with an assessment of both so that Council can determine whether the City should, after the expiration of its current obligations, implement additional changes that will reduce adverse Airport impacts and enhance the Airport's benefit to the community or whether the City should undertake closure of all or part of the Airport, was presented concurrently with Item 11 -A.. RESOLUTIONS: 11 -A: Adopt a Resolution Amending the Santa Monica Airport Landing Fee Program — recommendation to adopt the attached resolution to change the landing fee program from the current $2.07 per thousand pounds of certificated maximum gross landing weight to $5.48 and apply the fee to itinerant and based aircraft at the Santa Monica Airport (Airport), effective August 1, 2013, and approve the budget changes as outlined in the Financial Impacts and Budget Actions section of this report, was presented. Members of the public Collin Maduzia, Frank Gruber, Jim Redden, Mitchell Tsai, Esq., Mary Marlow, Nathan Court, Thane Roberts, Lael R. Rubin, Michael Feinstein, Marianne P. Brown, John Fairweather, Evelyn Lauchenlauer, and John C. Smith spoke in support of the recommendation. Members of the public Bill Rosendahl, Croft Wellwood, Steve Brown, Edward Story, Joseph Justice, Jason Keller, Gavin Stokes, Paul Fine, Pia Bergqvist, Barry Rosen, Kim Davidson, Rick Rosenthal, David Goddard, Ken Fuller, Nora Hazi, Ben Schick, Joseph L. Demer, Gary Charlin, 2 April 30, 2013 Howard Israel, Robby Rowbotham, Ken Krueger, Greg Schem, Denise Barton, John Rosenberg, Liz De Staffany, Dan Morris, Andrew Schmeitzer, Frank Schmeitzer, Dr. Bernard Harris, Jerry Rubin; John Jerabek, Andre Bennett, Jay Elder, Joshua Greswald, Linda Tadic, Jennifer Zivkovic, Robb Brown, Michael Brodsky, Vivien Flitton, Jonathan Stein, Richard McKinnon, Mark Steinberger, Kuamgwet Huang, Laura Silagi, Sarah Dennison, Ingrid Mueller, Laura Shrewburry, Mindy Tayor -Ross, Robb Brown, Mark Smith, Joan Rubin; Gregory Fry, Elly Fry, Alice Burston, Martin Rubin, LaVonne Collette, Mike Salazar, Nelson Schwartz, Beverly Palmer, Michelle Perrone, Joe Chizmadia, S. Ryazantescr, Steve Siry, Kathy Knight, Ofer Grossman, Lisa Hughes, Sandra Casillas, Valerie Griffin, Natalie McAdams, Mary Saunders, Armen Melkonians, Cris Gutierrez, Ping Ho, Josh Walters, Anne Hawthorne, Thomas Sturman, Noah Blaustein, Richard Waber, and Jonathan Mann spoke in opposition to the recommendation or did not discuss the recommendation directly. Considerable discussion ensued on topics including intent of landing fees, budget issues, litigation costs and airport options. Motion by Councilmember McKeown, seconded by Councilmember Winterer, to approve the recommendation to adopt Resolution No. 10744 (CCS), to change the landing fee program from the current $2.07 per thousand pounds of certificated maximum gross landing weight to $5.48 and apply the fee to itinerant and based aircraft at the Santa Monica Airport (Airport), effective August 1, 2013, and approve the budget changes as outlined in the Financial Impacts and Budget Actions section of this report. AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, and Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day Motion by Councilmember Davis, seconded by Councilmember McKeown to approve the development of a pilot program for retrofitting aircraft used in flight training with mufflers or other sound mitigation equipment and direct staff to include $200,000 for the pilot program in the proposed FY 2013 -15 City budget and to direct staff to continue to identify and analyze the possibilities for current and future actions to reduce Airport noise, air pollution and safety risks through Airport reconfiguration, revised leasing policies, voluntary agreements, mandatory restrictions, and all other means; continue to assess the potential risk and benefits of closing or attempting to close all or a portion of the Airport; return to Council, by March of 2014, with an assessment of both so that Council can determine whether the City should, after the expiration of its current obligations, implement additional changes that will reduce adverse Airport impacts and enhance the Airport's benefit to the community or whether the City should undertake closure of all or part of the Airport; and determine what concessions the City might April 30, 2013 obtain from the FAA and whether those will have significant impacts on airport operations. Motion to amend by Councilmember Davis, to modify the staff direction regarding the FAA to have staff work with the FAA and have staff report back on its impressions regarding FAA possible concessions. The motion was accepted as friendly by the seconder. Motion to amend by Councilmember Vazquez, to direct staff to evaluate Airport Commission and take actions as consistent with other staff direction. The motion was accepted as friendly by the maker and the seconder. Motion to amend by Councilmember Davis, to direct staff to evaluate Airport Commission and other groups' recommendations and take actions as consistent with other staff direction. The motion was accepted as friendly by the seconder. The motion was approved by the following vote: AYES: Councilmembers McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day Staff direction was provided. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Denise Barton and S. Ryazanstev commented on various Consent Calendar items. At the request of Councilmember Holbrook, Item 3 -B was removed from the Consent Calendar. Motion by Councilmember Holbrook, seconded by Councilmember Winterer to approve the Consent Calendar, with the exception of Item 3 -B, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Vazquez, Davis, Holbrook, Winterer, McKeown, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tern O'Connor 0 April 30, 2013 LANDING FEE 3 -A: Contract Modification for Operating the Landing Fee Program CONTRACT at Santa Monica Municipal Airport — recommendation to authorize the City Manager- to negotiate and execute a first modification to Contract No. 9384 (CCS) with Vector -US, Inc., in the amount of $58,344 to provide for the image capture of aircraft operations, data management and reports, billing, and payment collections for the Santa Monica Airport landing fee program, resulting in a four -year amended contract with a new total amount not to exceed $458,344, was presented. IMPROVEMENT 3 -13: Award Construction Contract for Santa Monica Airport CONSTRUCTION Runway, Taxiway and Parking Lot Improvements -- recommendation CONTRACT to authorize the City Manager to negotiate and execute a contract with PALP, Inc., dba Excel Paving Company, in an amount of not to exceed $672,525 for the Santa Monica Airport Runway, Taxiway and Parking Lot Improvements; authorize the issuance of an after -hours construction permit to remove rubber deposits from the runway between the hours of 9 PM and 6 AM for a period of four nights, contingent on satisfying notification requirements as contained in Santa- Monica Municipal Code 4.12.110; and authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority, was presented. Councilmember Holbrook advised that he removed this item from the Consent Calendar for discussion regarding improvements. Motion by Councilmember Holbrook seconded by Councilmember McKeown, to approve the recommendation. The motion was approved by the following vote: AYES: Councilmembers- McKeown, Winterer, Holbrook, Davis, Vazquez, Mayor O'Connor NOES: None ABSENT: Mayor Pro Tem O'Day COUNCIL ITEMS: 13 -A: Request of Mayor Pro Tem O'Day and Councilmember MOVE TO AMEND McKeown that the Council direct staff to update the resolution on RESOLUTION Move to Amend originally presented to the City Council on January 24, 2012 to include reference to the planned Move to Amend national mobilization on May 10th, 2013, and bring it to the Council for a vote on May 14, 2013, was presented. Member of the public Denise Barton spoke in opposition to the request. Motion by Councilmember McKeown seconded by Councilmember Vazquez, to approve the request. The motion was unanimously approved by voice vote; with Mayor Pro Tem O'Day absent. April 30, 2013 ADJOURNMENT On order of the Mayor, the City Cour p.m. in memory of Dr. Arthur Verge, ATTEST: Avid ' *d vr"a/ Denise Anderson- Warren Assistant City Clerk Sarah P. Gorman City Clerk icil meeting was adjourned at 11:14 APPROVED: ." Pam O'Connor Mayor 6 April 30, 2013