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1996 AUG 20 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 20, 1996 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobs at 7:00 p.m. INVOCATION given by Bishop Lloyd Carlson, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE led by Mayor Pro Tern Wemick PRESENTATIONS Proclamation declaring City Council's endorsement of the Six Pillars of Character, request City employees to seek opportunities to incorporate these values in their work, encourage groups, corporate and individual citizens to promote character development and ethical behavior, and recognize the week commencing with the third Sunday in October as "EI Segundo Character Counts! Week." Mayor Jacobs presented the proclamation to Barbara Brinney. ROLL CALL Mayor Jacobs Present Mayor ProTem Wemick Present Councilman Weston Present Councilwoman Friedkin Present Councilman Gordon Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalyof another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250.- Five individuals addressed the City Council. Lisa Mowery, P.E. Sanitary Engineering Associate with the City of Los Angeles presented a report about the proposed digester gas pipeline scheduled for a Planning Commission public hearing on September 12, 1996. Brian O'Rourke, 627 W. Mariposa Avenue thanked Mayor Jacobs and others for their support at the LAX Masterplan hearing last week. Neil Reinhardt, 419 Whiting Street complained about his being informed that his home is non - conforming. Liz Gamholtz stated concerns regarding flyby's at an airplane airshow scheduled at Hawthorne Airport August 23 -25; commented that there wasn't going to be any firefighter reduction, and felt the LAX Masterplan hearing went well, and complimented the Council representatives and Jane Harman. Dorothy Kent, 909 Dune Street suggested City use Hyperion and Los Angeles Public Works Department to put pressure on airport and safety issues in order to get support for methane gas pipeline the issue being early turns and possible collision could threaten a gas pipeline explosion that would be devastating. Mayor Jacobs closed Public Communications. A. PROCEDURAL MOTIONS City Council Minutes 8 -20 -96 - 7:00 p.m. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to read all ordinances and resolution on this agenda by the title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. B. SPECIAL ORDERS OF BUSINESS - 1. Continued Public Hearing to amend various sections of the Zoning Code and the Smoky Hollow Specific Plan (Title 20 of the El Segundo Municipal Code) related to the height of open work fences, provisions for inter -modal transit facilities in the Open -Space (O -S) Zone, motion picture /television production facilities, the Administrative Use Permit process, outdoor dining regulations in non - residential zones, adult use zoning regulations, compact parking requirements, and various definitions (EA -376A and ZTA 96 -1A). Applicant: The City of El Segundo. Mayor Jacobs announced this was the time and place hereto to fixed for a continued public hearing to amend various sections of the Zoning Code and the Smoky Hollow Specific Plan (Title 20 of the El Segundo Municipal Code) related to the height of open work fences, provisions for inter -modal transit facilities in the Open -Space (O -S) Zone, motion picture /television production facilities, the Administrative Use Permit process, outdoor dining regulations in non - residential zones, adult use zoning regulations, compact parking requirements, and various definitions (EA -376A and ZTA 96 -1A). Applicant: The City of El Segundo. She asked if proper notice of the hearing was published and done in a timely manner, and whether any written communications had been received. Deputy City Clerk Freeman stated the Planning and Building Safety Department published the hearing notice, the City Clerk's Office posted the continued public hearing notice, and that no written communications had been received by the Clerk's Office. The motion reflects the City Council did not participate during discussion on those items where they had noted a conflict of interest. Mayor ProTem Wemick stated she no longer had a conflict of interest with Section 38, and suggested adding language to ensure that film studios that would be reputable and permanent. Discussion ensued. Council consensus for staff to look into adding language to qualify film studios that would be reputable and permanent during the Conditional Use Permit process. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to close the continued public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. City Attorney Dolley stated due to Mayor ProTem Wemick no longer having a conflict of interest, staff would delete Section 38 of the ordinance and renumber the subsequent sections. City Attorney Dolley read title only: ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA376A AND ZONE TEXT AMENDMENT 96 -1A AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE), AND THE SMOKY HOLLOW SPECIFIC PLAN, ALL OF WHICH ARE COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. 2 City Council Minutes 8 -20 -96 - 7:00 p.m. INTRODUCED by Mayor ProTem Wemick. City Manager Morrison suggested the City Council have an early closed session on September 3 to discuss some lengthy litigation issues since the agenda had only a few items; Council concurred. Second reading of Ordinance Number 1260 scheduled for September 17, 1996. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. The El Segundo Aviation Safety and Noise Abatement Committee requests Council approval of two applicants for membership to the Committee. City Manager Morrison stated that one name had been withdrawn. MOVED by Councilman Gordon; SECONDED to Councilwoman Friedkin to approve the request and appoint Mark Dean. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 232604- 232780 on Demand Register Summary Number 05 in total amount of $299,124.84. Approved Warrant Demand Register and Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2. Warrant Numbers 232781 - 232939 on Demand Register Summary Number 06 in total amount of $342,699.90, and Wire Transfers in the amount of $1,087,739.97. Approved Warrant Demand Register and Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 07/27196 to 08112196. 3. City Council meeting minutes of August 5 and August 6, 1996. Approved 4. PULLED FOR DISCUSSION BY COUNCILMAN WESTON. 5. Award of contract for piping improvements at the Water Facility at 400 Lomita Street. Project No. 96-4 (contract amount $106,999.00). Reallocated $58,000.00 of Water Enterprise Funds from the fund balance remaining in the approved Capital Improvement Project to replace City water mains; awarded Contract Number 2463 to the lowest responsible bidder, R. C. Foster Corporation, In the amount of $106,999.00, and authorized the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. 3 City Council Minutes 8 -20 -96 - 7:00 p.m. 6. Award contract for the installation of two 24 -inch butterfly valves in El Segundo Boulevard, Project No. 96 -5 (contract amount $95,800.00). Awarded Contract Number 2464 to Williams Supply Company, Inc. in the amount of $95,800, and authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. 7 Approve contract with Government Financial Services for an interim part time Senior Accountant for the Finance Department, authorize a budget transfer within the Finance Department, and approve a waiver of formal bidding (Fiscal impact: $15,000). Approved Contract Number 2465, budget transfer, and a waiver of formal bidding and authorized the Mayor to execute a contract with Governmental Financial Services. 8. Approve participation in Independent Cities Risk Management Authority ( ICRMA) pooled employee benefits program and change of insurance carriers for Life, ADBD and Disability Coverage (Fiscal Impact: $14,758 savings). Approved and authorized City to participate in ICRMA pooled employee benefits program. 9. Agreement providing for a one -year Memorandum of Understanding between the City Council and the El Segundo Police Officer's Association. Fiscal impact: $231,852, annualized total compensation cost. Funds are available in the City's 1996/97 Fiscal Year Operating Budget for the 4.8% (Police Officers) and 6% (Police Sergeants) salary increases. Approved Agreement Number 2466 with the El Segundo Police Officers Association, and adopted Resolution No. 3982. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to approve of Consent Agenda Item Numbers 1 -3 and 5 -9. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 4. Approval of Service Agreement with the City of Redondo Beach /South Bay Youth Project, to provide counseling services to El Segundo youth and families between September 3, 1996 and June 30, 1997 at a cost of $27,498. Councilman Weston stated he did not approve of this item. Discussion followed. MOVED by Councilman Gordon; SECONDED by Mayor ProTem Wemick to approve Service Agreement Number 2462 and authorized the Mayor to sign service agreement with the City of Redondo Beach /South Bay Youth Project. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/2 - AYES: Mayor Jacobs, Mayor ProTem Wemick, and Councilman Gordon. NOES: Councilman Weston and Councilwoman Friedkin. F. NEW BUSINESS - CITY MANAGER - NONE G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE Councilman Weston asked Council to discuss a personnel matter since the City Attorney was present, and asked Council for their approval for him to respond to public questions. No consensus by Council to discuss the issue. 4 City Council Minutes 8 -20 -96 - 7:00 p.m. City Attorney issue. Councilman Weston distributed copies of his viewgraphs, and presented a report. Discussion followed. MOVED by Councilwoman Friedkin; SECONDED by Councilman Weston Council to direct staff to change the City Attorney from Leland Dolley to Mark Hensley; meet with Burke, Williams, and Sorensen to negotiate terms to amend our agreement that reflects a new lower hourly rate, while removing the City's obligation to provide paralegal and library services to the new City Attorney. Mayor ProTem Wemick sugggested waiting due to too much information to review in order to vote on this evening. Councilman Gordon suggested they break down all of the information; exercise their 30 day notice to the firm, and set -up another sub - committee to look at other law firms and send out RFPs. Mayor Jacobs was not in favor of a 30 -day notice to the firm. However, she was in favor of lower fees, and was in favor of a sub - committee to review the possibility of an in -house attorney. Councilwoman Friedkin repeated her motion as follows: Council directed staff to change the City Attorney from Leland Dolley to Mark Hensley; staff to negotiate with Burke, Williams, and Sorensen for (a) a lower hourty rate, (b) a Senior Associate to provide Assistant City Attorney backup, and (c) to provide clerical staff, law library, and paralegal work at no cost to the City. Agreement to be within parameters discussed at Council meeting and brought back to Council for approval. Mayor Jacobs called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 312: AYES: Mayor Jacobs, Councilman Weston, and Councilwoman Frledkin. NOES: Mayor ProTem Wemick, and Councilman Gordon. Councilwoman Friedkin thanked Park Vista for their invitation to their Anniversary party; spoke about the LAX Masterplan hearing, and commented on California Congressional Leadership Summit. Mayor Pro Tern Wemick - Thank Leland Dolley, City Attorney, for his past support to the City. 1. Discussion on the current code enforcement policy. Withdrew item and continued to September 17, 1996. 2. General discussion on the format of closed agenda items and report of actions taken in open session. Withdrew item and continued to September 17, 1996. Mayor Jacobs felt the LAX Masterplan hearing was fair stating that it would be a public record, and thanked Jane Harman and David Hensen for their support. Mayor Jacobs then thanked Leland Dolley for all of his past support and work for the City. 5 City Council Minutes 8 -20 -96 - 7:00 p.m. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. - One individual addressed the City Council. Bill Mason. Chamber of Commerce thanked Council including Nancy Cobb for their support at the LAX Masterplan Hearing. I, I 14 I 5lei 0 i'_1 16�111111111 0 Lei n:4 Mayor ProTem Wemick left at 9:25 p.m. CLOSED SESSION The City Council moved into a closed session at 9:25 p.m. pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., August 20, 1996 under "Closed Session ". Mayor ProTem Wemick was restricted from Closed Session. RECONVENED at 12:00 a.m. ROLL CALL Mayor Jacobs Present Mayor ProTem Wemick Restricted From Attending Closed Session Councilman Weston Present Councilwoman Friedkin Present Councilman Gordon Present REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT at 12.05 p.m. to 5:00 p.m. on September 3, 1996. L,-6'r9rtreeman, Deputy City Clerk 6 City Council Minutes 8 -20 -96 - 7:00 p.m.