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2000 AUG 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 1, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Mayor Pro Tern Jacobs Council Member Gaines Council Member McDowell Council Member Wernick CLOSED SESSION: - Present - Present - Present - Present - Arrived at 5:05 p.m. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seg.) 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 Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. City of El Segundo v. Bd. of Airport Commissioners, et al., LASC Case No. BC 220609 2. Ralston v. El Segundo, LASC Case No. YC 036223 3. Hill v. El Segundo, USDC No. CV 98- 1463- LGB(SHX) 4. Valorie Williams v. Brian D. Evanski, et al., LASC Case No. 99CO2571 5. Venegas v. El Segundo, LASC Case No. BC207136 6. In re Randall's Island Family Golf Centers, Inc., U.S. Bankruptcy Court, Southern District of New York, Case No. 00- 41065. 7. Phillips Petroleum, et al. v. County of Los Angeles, et al., USDC No. 1938 -MRP (MANx). 8. Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC No. 1917 -GHK (RCx). CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -3- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — City Representative: Mary Strenn. Employee Organizations: City Employees' Association, Supervisory & Professional Employees' Association, and all unrepresented employees. None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 1 SPECIAL MATTER — Interviews of candidates to the El Segundo Senior Citizen Housing Corporation Board. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to make the following appointments:John Nisley and Donald Mclroy to the Senior Citizen Housing Corporation Board, to unexpired terms to expire 6/30/04. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 1, 2000 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION - Deputy Clerk Domann PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS (a) Council Member John Gaines presented commendations to outgoing members of Committees, Commissions and Boards for their invaluable service to the community: Planning Commissioners Gary Wycoff and Jim Boulgarides; Senior Citizen Housing Corporation Board members Keith Covington and Louise McCann; Investment Advisory Committee member Leigh Ann Engibous; Economic Development Advisory Committee members David J. Gaulton, Gary B. Horwitz and Willard Krick; and El Segundo Library Board of Trustees member John Vautrain. (b) Joe Harding, El Segundo Rotary, announced the C.A.S.E. food collection and thanked the community for donations. Marcy Dugan, El Segundo Rotary, announced the "Movie in the Park" at Chevron Park, Saturday, August 5, 2000. ROLL CALL Mayor Gordon - Present Mayor Pro Tem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 2 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 poor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding Consent Item No. 9, the Downtown Specific Plan. Also commended Chief Grimmond on Communications Center Dedication Ceremony. Willard Krick, resident, stated that the El Segundo Residents Association would be holding a meeting tomorrow at 7:00 p.m. in the Council Chambers and that Mayor Gordon would be there to answer questions. Invited members of the community to attend. Gary Wallace, resident, spoke regarding the tree problem in El Segundo. Ms. Julie Bronstein, Motion Picture Association of America, spoke in favor of the proposed filming fees and policies and procedures. Kayla Thames, California Film Commission, spoke in favor of the proposed filming fees and policies and procedures. Steve Dayan, Studio Transportation Drivers Teamsters Local 399, spoke in favor of the proposed filming fees and policies and procedures. John Aull, Big John's Cafe, spoke regarding the opinion polls taken recently on the proposed dog license fees. Cheryl Frick, resident, spoke regarding animal control. Mayor Gordon responded to the tree policy issue. Directed City Manager /Staff to talk to Mr. Wallace to resolve his tree problem. Mayor Gordon spoke regarding the animal control issue and the Downtown Specific Plan. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to read all ordinance and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE. 5/0 MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 3 B. SPECIAL ORDERS OF BUSINESS - Public Hearing and a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance with California Government Code Section 65089. Mayor Gordon stated this is the time and place hereto fixed for a public hearing finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance with California Government Code Section 65089. He asked if proper notice had been done and if any written communications had been received. Deputy Clerk Domann stated that proper notice had been done and no written communications had been received by the Clerk's office. City Manager Mary Strenn gave a report Council consensus to close the public hearing. City Engineer Bellur Devaraj responded to Council questions. City Attorney Mark Hensley read the following: RESOLUTION NO. 4178 A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to adopt Resolution No. 4178 finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - 2. Proposed filming fees and, policies and procedures. City Manager Mary Strenn responded to Council questions. Consensus of Council to make sure policy is understood to be "flexible" and no more restrictive than that in the residential area. MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 4 Julie Bronstsein, Motion Picture Association of America, stated that a survey was presently being done to determine the economic impacts on communities and she would be glad to share the information with the City when complete. Kayla Thames, California Film Commission, indicated that her organization would be willing to work with the City regarding wording for policies and guidelines. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve the policies and procedures for filming with the understanding that the policy would be flexible and no more restrictive than that in a residential area, and directed staff to begin the process of changing current filming fees to the proposed amounts by drafting and introducing an Ordinance on September 5, 2000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 3. Review and possible action regarding the AOL/Time Warner (cable operator) change of control. Council Member McDowell gave an update. Consensus of Council to have the Community Cable Advisory Committee review past fees which may be owed and bring recommendation back to Council. City Attorney Mark Hensley read the following: RESOLUTION NO. 4177 A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE CHANGE IN CONTROL OF A CABLE TELEVISION FRANCHISEE MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4177, providing for the change in control of a Cable Television Franchisee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — 4 Announce appointments to the El Segundo Senior Citizen Housing Corporation Board. Mayor Gordon announced that John Nisley and Donald Mclroy had been appointed to the Senior Citizen Housing Corporation Board, to unexpired terms to expire 6/30/04. Council directed staff to continue recruitment for vacancies in Committees, Commissions and Boards. E. CONSENT AGENDA MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 5 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. 5. Approve Warrant Numbers 2511379 - 2511693 on Register No. 20 in total amount of $909,409.08, and Wire Transfers in the amount of $1,410,106.10. 6. Approve City Council meeting minutes of July 18 and 24, 2000. 7. PULLED BY MAYOR PRO TEM JACOBS. 8. Receive and file report on FY 2000 -2001 revenue forecast and assumptions. 9. PULLED DUE TO A POSSIBLE OF CONFLICT BY MAYOR PRO TEM JACOBS 10. Approve participation in the Federal Surplus Property program by the adoption of a Resolution No. 4176 updating the City's authorized representatives. Fiscal impact — potential savings. 11. Adoption of plans and specifications for the refurbishment of Recreation Park restrooms — Project No. PW 00 -3 (estimated cost = $61,500.00) and authorize staff to advertise the project for receipt of construction bids. 12. Award of Contract No. 2810 to Stradling, Yocca, Carlson & Rauth for professional services to conduct bond counsel services for the Water Well Project (fiscal impact = $27,000 to $33,000) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. 13. Award of Contract No. 2811 to Fieldman, Rolapp & Associates for professional services to conduct financial advisory services for the Water Well Project (fiscal impact = $25,000 to $32,500) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. 14. Approve Agreement, Contract No. 2812, with Freeman Alternative Resources, Inc. which will provide a Construction Project Coordinator to focus on potential problem areas for the City during construction of the West Basin Municipal Water District's Pipeline Project (estimated cost $53,333.00) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. 15. Award Contract No. 2813 to PMW Associates for professional services to provide an organizational audit of the Department of Public Works (fiscal impact = $13, 650) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. 16. Award Contract No. 2814 to Chelsea Design Group for professional services to provide design services for El Segundo City Hall interior design standards (fiscal impact = $7,500) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 6 17. Approve agreement, Contract No. 2808, with AKM Consulting Engineers for professional engineering services for the rehabilitation of Sanitary Sewer Pump Stations No. 4 (1501 East Holly Avenue) and No. 5 (737 Center Street). (Estimated cost of services $71,285) and authorize the Mayor to execute the standard professional service agreement on behalf of the City. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve consent agenda items 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. Declare Engine 35 (Unit #3344) surplus. Mayor Pro Tern Jacobs requested that Engine 35 be removed from the surplus inventory and be made available to El Segundo's Sister City, Guaymas, Mexico. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to remove Engine 35, Unit #3344, from surplus and make it available to El Segundo's Sister City, Guaymas, Mexico. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Adopt Ordinance No.1319 approving the Downtown Specific Plan. The Plan area generally encompasses the 100 -500 blocks of Main Street, the 100 -300 blocks of Richmond Street, and abutting properties on Grand Avenue. [Environmental Assessment No. EA -474 (Mitigated Negative Declaration), General Plan Amendment No. 99 -2, Zone Change No. 99 -2 and Zone Text Amendment No. 99 -5] Applicant: City of El Segundo. Property owners: Various MOVED by Council Member McDowell, SECONDED by Council Member Gaines to Adopt Ordinance No.1319 approving the Downtown Specific Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK; NOES: NONE; ABSENT: NONE; MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POSSIBLE CONFLICT OF INTEREST. 4/0 F. NEW BUSINESS — 18. Ordinance No. 1235, which establishes storm water and urban runoff pollution prevention controls, requires modification to meet the recently approved Standard Urban Storm Water Mitigation Plan (SUSMP) requirements (no fiscal impact). Andy Santamaria, Director of Public Works, gave a report. MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 7 City Attorney Mark Hensley read the following: ORDINANCE NO. 1320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, MODIFYING ORDINANCE NO. 1235 WHICH ESTABLISHED STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS Council Member introduced Ordinance No. 1320 19. Consideration of an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of El Segundo providing Section 21362.2 (3% at 50 Full Formula) for local Police members as required by the El Segundo Police Officers' Association 2000 -03 Memorandum of Understanding. City Attorney Mark Hensley read the following: RESOLUTION NO. 4175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Resolution No. 4175 approving an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of El Segundo and authorize the Mayor to sign the Certification of Member Contribution Rate. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley read the following: ORDINANCE NO. 1321 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 SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Council Member Wernick introduced Ordinance No. 1321 G. REPORTS - CITY MANAGER - NONE MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 8 H. REPORTS — CITY ATTORNEY Announced a settlement agreement, Los Angeles Superior Court case number YC 034524, Leonard Roscitto and Flaherty Roscitto v. City of El Segundo Police Department and Rex Fowler. I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Reported on last night's FAA meeting. Council Member Gaines - Spoke regarding recent FAA meetings and transportation issues and animal control. Council Member Wernick - Spoke regarding consulting /contract book, and recent Cable problems. Indicated that Director of Recreation and Parks could be contacted for Time Warner customer service numbers. Mayor Pro Tern Jacobs - Spoke regarding the Movie in the Park Saturday, August 5, 2000 at Chevron Park. Reminded the Community that Guaymas Sister City visitors will be here August 10- 15, 2000 and invited the community to participate in planned events. Mayor Gordon — Spoke on the FAA meeting last night and COG meeting next Thursday. Noted that he would be speaking at the Residents Association meeting Wednesday, August 3, 2000 at 7:00 p.m. in the City Council Chamber Reminded the Community of the August 12, 2000 Car Show. Noted that he would not be at the City Council Meeting on August 15th because he would be attending the Democratic Convention as a Delegate. 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 MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 9 punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding traffic problems and the concert in the park on Saturday. Sandra Mason, resident, spoke regarding downtown revitalization. MEMORIALS — Eve Phillips, long time resident and active community member and Kati Geissert, long time Mayor of the City of Torrance. CLOSED SESSION - NONE ADJOURNMENT at 8:30 p.m. d Cathy Domann Deputy City Clerk MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 10