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1997 FEB 04 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 4, 1997 - 7:00 P.M. CALL TO ORDER Mayor Jacobs at 7:10 P.M. INVOCATION - Rev. Dr. J. H. Greer - Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Mike Gordon CHARACTER COUNTS - Trustworthiness - Mayor Sandra Jacobs ROLL CALL Mayor Jacobs Present Mayor ProTem Wernick Present Councilwoman Friedkin Present Councilman Weston 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 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. Three (3) individuals addressed Council 1. Nancy Cobb presented the Chamber of Commerce - Request for continuation of the Heritage Walk Berch Program pursuant to guidelines established by Recreation & Parks Department and approved by the City Council on May 7, 1996. (Copy of guidelines included). MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to approve the request for continuation of the Heritage Walk Bench Program pursuant to all but number 5 guidelines established by Recreation & Parks Department and approved by the City Council on May 7, 1996. MOTION FAILED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILWOMAN FRIEDK i. NOES: MAYOR JACOBS, COUNCILMAN GORDON, AND COUNCILMAN WESTON 2/3 MOVED by Councilwoman Friodkin SECONDED by Mayor ProTem Wernick to approve the request for continuation of the Heritage 'Valk Bench Program pursuant to guidelines established by Recreation & Parks Department and approved by the City Council on May 7, 1996. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBS, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK, AND COUNCILWOMAN FRIEDKIN 312 2 Jack Kenton, 835 ]dune; spoke regarding the lack of maintenance on the hyperion landscaping along the dunes. 3 John McCarty, resident; spoke regarding Boeing Co. decision not to produce the "super Jumbo" airliner and the consequences on the airport. 1 1 A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to approve reading all ordinances and resolution on this agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. B. SPECIAL ORDERS OF BUSINESS - 1. Continued Public Dearing to review environmental impacts of the use of Hydrogen and Compressed Dry Air (CDA) in pipelines to be constructed in the public right -of -way on Grand Avenue and Kansas Street in conjunction with a Nitrogen gas and other Pipeline License Agreement approved by the Council on October 1, 1996, and on private property at 222, 233 and 330 Kansas Street and 1521 East Grand Avenue. (Environmental Assessment EA -39 7). Applicant: Air Products, Inc. Mayor Jacobs announced this w&; a public hearing to review environmental impacts of the use of Hydrogen and Compressed Dry Mr (CDA) in pipelines to be constructed in the public right -of -way on Grand Avenue and Kansas Street in conjunction with a Nitrogen gas and other Pipeline License Agreement approved by the Council on October 1, 1996, and on private property at 222, 233 and 330 Kansas Street and 1521 East Grand Avenue, (Environmental Assessment EA -397), Applicant: Air Products, Inc.. She asked wheth--r proper noticing was done in a timely manner and whether any written communications had been received. Clerk Mortesen stated noticing was done by the Planning and Building Safety Department and no written communications had been received by the Clerk's Office. Bret Bernard, Director of Planning and Building Safety, and Steve Tsumura Fire Department gave a brief staff report. Mayor Jacobs operied the public hearing for comments. No individuals addressed Council Council consensus to close the Public Hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 3997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -397, CERTIFYING A MITIGATED NEGATFVE DECLARATION OF ENVIRONMENTAL IMPACTS AND ADOPTING A MITIGATION MONITORING PROGRAM, TO ALLOW THE USE OF PIPELINES FOR HYDROGEN GAS AND COMPRESSED DRY AIR AT 2225 233, AND 330 KANSAS STREET, AND 1521 EAST GRAND AVENUE. MOVED by Councilman Westo i SECONDED by Councilwoman Friedkin to adopt Resolution no. 3997 approving Environmental Assessment EA -397, certifying a mitigated negative declaration of environmental, impacts and adopting a mitigation monitoring program, to allow the use of pipeline for hydrogen gas and compressed dry air. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILWOMAN FRIEDKIN AND COUNCILMAN WESTON. NOES: COUNCILMAN GORDON 4/1 2 2. Public Hearing anc. Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) for she construction of a 20 -inch nominal diameter, high density polyethylene, subsurface pipeline in the Open Space (OS) zone; to transfer digester gas produced at the Ci,-y of Los Angeles ' Department of Public Works Hyperion Wastewater Treatment Plant to the City of Los Angeles Department of Water and Power Scattergood Steam Generating ;nation, where it will be used to produce energy (EA -379, CUP 96 -2). Mayor Jacobs stated this is the tijne and place hereto fixed for a public hearing and appeal of the Planning Commission's approval of a Conditional Use Permit for the construction of a 20 -inch nominal diameter, high density polyethylene, subsurface pipeline in the Open Space zone; to transfer digester gas produced at the City of Los Angeles Department of Public Works Hyperion Wastewater Treatment Plant to the City of Los Angeles Department of Water and Power Scattergood Steam Generating Station, where it will be used to produce energy. She asked whether proper noticing was done in a timely manner and whether any written communications had been received. Clerk Mortesen stated noticing was done by the Planning and Building Safety Department and no written communications had been received by the Clerk's Office. MOVED by Mayor ProTem Wei-nick SECONDED by Councilwoman Friedkin to continue to public hearing, per the applicant's amended request, to the regular City Council meeting of March 18, 1997. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3. Public Meeting concerning proposed fees for Industrial Waste, Underground Tanks, and Hazardous Waste Regulatory programs (fiscal impact - estimated $60,565.14 increased annual revenue). Mayor Jacobs stated this is the tijne and place hereto fixed for a Public Meeting concerning proposed fees for Industrial Waste, Underground Tanks, and Hazardous Waste Regulatory programs. She asked if proper notice of the public meeting was done and if any written communications had been received. Clerk Mortesen stated proper noticing was done the Public Works Department and now written communications had been received. Jim Morrison, City Manager, gz ve a brief staff report MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to close the public meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 C. UNFINISHED BUSINESS, 1. Assume responsibi ity for underground wnk and hazardous waste regulatory programs. City Attorney Ma-k Hensley read the foLowing: ORDINANCE NO. 1264 AN ORDINANCE OF THE CITY COUNCJL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 6.22 (UNIFIED HAZARDOUS WASTE AND HAZARDOUS MATERIAL MANAGEMENT REGULATORY PROGRAM) TO TITLE 6 (HEALTH AND SANITATION OF THE EL SEGUNDO MUNICIPAL CODE, AND DESIGNA'CING THE CITY MANAGER OR HIS DESIGNEE AS THE CERTIFIED UNIFIED PROGRAMM AGENCY FOR A STATE - MANDATED UNDERGROUND STORAGE TANK REGULATORY PROGRAM. 3 MOVED by Councilwoman Frie lkin SECONDED by Councilman Gordon to adopt Ordinance No. 1264, Adding Chapter 6.22 (Uni: ied Hazardous Waste and Hazardous material management regulatory program) to Title 6, and designating the City Manager or his designee as the certified unified program agency for a state - mandated underground storage tank regulatory program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF CONIlVII'"I'EES, BOARDS AND COMMISSIONS' 1. Park Vista Management Peter Freeman, and Keith Covington of the Senior Housing Board presented a brief report. MOVED by Mayor ProTem Wei-nick SECONDED by Councilwoman Friedkin to approve the addendum to the Management Agreement, :o approve the funds in the budget to cover till December 31, 1997, and direct the Board and Staff to develop a new RFP for Park Vista Management 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, th.,- item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 236302 - 236439 on Demand Register Summary Number 29 in total amount of $148,535.11. 2. Warrant Numbers 236440 - 236564 on Demand Register Summary Number 30 in total amount of $123,014.19, and Wire Transfers in the amount of $307,659.59. 3. PULLED FOR DISCUSSION BY COUNCILMAN WESTON 4. Amend the minute:; of December 17, 1996 to reflect the correct Ordinance Number of 1266. 5. PULLED FOR DISCUSSION BY COUNCILMAN GORDON S 6. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK. 7. Acceptance of furr ishing and installing a 3rd pump and engine for storm drain pumping plant No. 17, Proj 2et No. PW95 -10. (Final contract amount $241,284). 8. PULLED FOR DI 3CUSSION BY MAYOR PROTEM WERNICK MOVED by Councilwoman Friedkin SECONDED by Mayor Pro Tem Wernick to approve consent agenda items 1, 2, 4, and 7. KOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 4 3. City Council meeting minutes of January 21 and January 22, 1997. Councilman Weston requested that a name be added after Councilwoman on page one of the January 21, 1997 5:00 P.M. minutes. MOVED by Councilman Weston, SECONDED by Councilwoman Friedkin to approve the minutes of January 21, and 22, 1997 with corrections. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 5. Grant application to the Lis Angeles County Metropolitan Transportation Authority (MTA) for additional funds for the Sepulveda Boulevard Widening Project (grant amount: $1.2 million). Councilman Gordon requested in ormation on how the grant monies were to be spent. MOVED by Councilman Gordon SECONDED by Councilman Weston to approve of submitting a grant application for funds for the Sepulveda Boulevard widening project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 6. Monthly lease agreement between the City of El Segundo and Emery Air Freight Corporation to lease a portion of City property at 630 South Douglas Street. (Annual revenue of $22,280.04). Mayor ProTem Wernick requested if more income could be received for this property. MOVED by Councilman Weston SECONDED by Councilwoman Friedkin to approve Contract no. 2488, a lease agreement between the City of El Segundo, and Emery Air Freight Corporation. MOTION PASSED BY UNANIMOUS VOICE VOTE. 8. Disposition of the $1,012,298 out -of -court settlement from LAX Mayor ProTem Wernick requested the staff to work with the Council Liaison to develop a report on alternatives for discussion and action MOVED by Councilman Weston SECONDED by Mayor ProTem Wernick to direct the staff to develop a report on alternatives for discussion at the February 18, 1997 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER 1. Presentation relative to LAX Master Plan Alternatives. City Manager Jim Morrison gave a brief presentation. Public Comments: 1. Nancy Rapp, 323 Virgini<< Street; stated at previous LAX meeting questions were not answered, and asked the Council when will the City step in and demand answers and demand some level of accountability from the airport. 2. Doug Mier, 1506 E. Palm; spoke as a City of Los Angeles Employee and his dealing with the Hyperion and LAX, and emphasizes his concerns for the Council to consider and demand accountability. 3 Bill Manning, 309 W. Sy(mmore; advised Council to take advantage of the recent airport decision to extract penalties and ensure ccmpliance with the airport. 4. Liz Garnholtz, resident; thanked residents who participated and presented new views and ideas. 5. Mark Rener, 1212 E., Walnut; stated El Segundo need to take care of itself and the people must be involved. 6. Resident; encouraged people to attend and reported on what citizens response was to this meeting. Council needs to let the community know where they stand. 5. Frank Wong, resident; spoke regarding the LAX Master Plan and Pollution related problems. 5 2. Amendment to contract between the Board of Administration of the Public Employees Retirement System and the City Council of the City of El Segundo, providing; Section 21573 (Third Level of 1959 Survivor Benefits) for local Fire members as required by the El Segundo Firefighters Association 1996 -97 Memorandum of Understanding. Fiscal Impact: The current surplus of assets in this benefit account is projected by PERS to be sufficient to pay the employer cost for 13 years. City Attorney Mark Hensley reac` the following: RESOLUTION NO. 3998 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO MOVED by Mayor ProTem Wei-nick SECONDED by Councilman Gordon to adopt Resolution No. 3998 approving an amendment to contract between the Board of Administration of the Public Employee' Retirement system and the City Council of the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE !/0 City Attorney Mark Hensley read the following: ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUND6 AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Mayor ProTem Wernick introduced the Ordinance MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to direct the Mayor to sign the Agreement pooling 1959 Survivor Benefits Assets and Liabilities. MOTION PASSED BY UNANIMOUS VOICE VOTE. 50 3. Staff requests Council guidance regarding an application for 80% MTA grant funding for a bicycle station at the Nash Street Green Line Station. Bret Bernard, Director of Planning and Building Safety gave a brief report. MOVED by Councilman Weston SECONDED by Councilwoman Friedkin to direct staff to apply of 80% grant funding for a bicycle station at the Nash Street Green Line Station, and accept the grant only if Business will provide the other 20 % funding. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, COUNCILMAN GORDON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK 4/1 4. Consideration by the City Council to take a voluntary act related to the City's hiring and contracting practices. City Manager requested this item be withdrawn. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - 1. Consideration of a Resolution and letter in support of "California First" sponsored by the Legislative Subcommittee of the Southern California Association of Governments. City Attorney Mark Hensley read the following: RESOLUTION NO. 3999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA SUPPORTING THE "CALIFORNIA FIRST" LEGISLATIVE LEADERSHIP SUMMIT Council consensus to adopt Resolution No. 3999 supporting the "California First " Legislative Leadership Summit, an approve of a letter it support being sent to our legislators. I. NEW BUSINESS - CITY TREASURER _ NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - Thanked the public for their part cipation and encourage everyone to attend the LAX Meeting February 5, 1997 Councilman Weston - Requested to agendize the aero space study regarding pollution for the next meeting Councilwoman Fi iedkin - Reported on the meeting she attended, and spoke regarding the upcoming LAX Master Plan Meeting. Mayor Pro Tem Wernick - Request to agendize a follow-upon the LA County grant of $74,000 for parks, and the landscaping problems at the Hyperion dunes. Mayor Jacobs - Set March 25, 1997 at 7:00 P.M. for a special meeting with Supervisor Knabe. Commented on the scheduled LAX Master Plan Meeting and the AQMD. PUBLIC COMMUNICATIONS - elated 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 $25o. Four (4) individuals addressed Council 7 1. Mark Rener, 12123 E. W ilnut; spoke regarding Prop 209 and the consequences of implementation. 2. Liz Garnholtz, resident; spoke regarding affirmative action. 3. Resident; stated everyone should look at the noise contour maps presented by the airport. He stated the numbers are incorrect. 4. J. Wilson, resident; urged everyone to attend the LAX and Hyperion meetings. MEMORIALS - N014E CLOSED SESSION 10:27 P.M. ROLL CALL Mayor Jacobs Present Mayor ProTem Wernick Present Councilwoman Friedkin Present Councilman Weston Present Councilman Gordon Present The City Council moved into a c osed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, fj wQ.) 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., February 4, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKE111 IN CLOSED SESSION - NONE ADJOURNMENT 10:42 P.M. to February 18, 1997 5:00 P.M. y Mortesq, Ulty 8