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2000 JUL 18 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 18, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor ProTem Jacobs 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 - Present The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et M.) 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 and Richard Kopenhefer. Employee Organizations: City Employees' Association, Supervisory & Professional Employees' Association, El Segundo Firefighters' Association, El Segundo Police Officers' Association, and all unrepresented employees. MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. SPECIAL MATTER — 6:00 P.M. Interviews of candidates to the Recreation & Parks Commission, Planning Commission, Economic Development Advisory Council, and Library Board of Trustees. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to make the following appointments: Bill Goodlick, Dan Runder, and John Van Hook as Business Representatives to the Economic Development Advisory Committee, no term expiration, Daniel James as Resident Representative to the Economic Development Advisory Committee, no term expiration; Bernice Whitcomb to the Library Board of Trustees, to a full term to expire 6/30/03 and Jane Conley to the Library Board of Trustees, to an unexpired term to expire 6/30/01; Cheryl Frick and Greg Richard to the Planning Commission to full terms to expire 6/30/04; Bill McCaverty to the Recreation and Parks Commission, to a full term to expire 5/30/04; and Bill Bue to the Investment Advisory Committee, to an unexpired term to expire 8/30/01. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Council recessed at 6:55 p.m. Council reconvened at 7:00 p.m. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 18, 2000 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:08 p.m. INVOCATION — Pastor Dennis Estill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS - None ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 ormore 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. While all comments are welcome, the Brown Act does MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 2 not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholz, resident, spoke regarding LAX and Los Angeles City's appointment of a new LAX Commissioner. Spoke regarding Consent Items 14 and 15, Fire and Police MOUs. Requested information on the meeting regarding the trees on Richmond and Whiting. Pete Zaleback, Main Street Events, spoke regarding the upcoming events, including the Food and Music Festival September 16 and the Car Show scheduled for August 12, 2000. Moe Mills, resident, expressed concern over increasing graffiti problem. Chris Sherrell, resident, spoke regarding the Tree Program and possible moratorium on removal. Floyd Carr, resident and representative of El Segundo Committee of Centinela YMCA, spoke regarding the Mayor's Good Friday Breakfast. Stated that surplus funds to go to the Teen Center and Youth in Government Program and presented a check for $1,200. Mayor Gordon requested that the tree removal issue be placed on this agenda. Noted that this motion needed a four -fifths approval. MOVED by Council Member McDowell, and SECONDED by Council Member Gaines to address the tree removal issue on this agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Mayor Gordon stated that the Council was unaware of the tree removal today. City Manager Mary Strenn was not aware of the removal and will investigate with the contractor. Staff to prepare information to be disseminated to the public, review tree removal /replacement policy and plan schedule. Council directed City Manager and Police Chief to contact Mr. Mills regarding the graffiti problem. Council Member McDowell spoke regarding "zero tolerance" on the graffiti problem. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to read all ordinance and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE. 510 B. SPECIAL ORDERS OF BUSINESS - Continued public hearing on 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. MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 3 Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on 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. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and one new written communications had been received by the Clerk's office. Mayor Pro Tern Jacobs left the dias due to a possible conflict of interest. Chris Ketz, Planning Manager, gave a brief staff report. Bill Crigger, President of the Chamber of Commerce, spoke regarding ground floor use in the Specific Plan. Liz Garnholz, resident, spoke in favor of prohibition of office use on the ground floor and the parking issue. Michelle Valtran, spoke in favor of diagonal parking. Jack Percell, building owner, spoke regarding parking and ground floor use. Peggy Tyrell spoke regarding written communications received by City Clerk's Office. Council consensus to close the public hearing. Council Member McDowell requested clarification regarding outdoor use AUP, owner - occupied units on Main Street, and height limitations. Traffic Consultant, Gary Hammrick, gave a brief report. Council consensus to revise the plan to delete requirement for retail on ground floor use and revisit in one year, delete residential housing on second floor and delete the use of the term "village ", additionally the AUP outdoor use requirement is to be removed and add the flexibility to consider angled parking on Main Street. City Attorney Mark Hensley read the following: ORDINANCE NO. 1319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 474 (EA -474), AND ADOPTING GENERAL PLAN AMENDMENT NO. 99 -2 (GPA 99 -2), ZONE CHANGE NO. 99 -2 (ZC 99 -2), AND ZONE TEXT MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO.4 AMENDMENT NO. 99 -5 (ZTA 99 -5) FOR THE DOWNTOWN SPECIFIC PLAN, IN THE 100 -500 BLOCKS OF MAIN STREET, THE 100 -300 BLOCKS OF RICHMOND STREET AND THE ADJACENT PROPERTIES ON GRAND AVENUE. PETITIONED BY: THE CITY OF EL SEGUNDO. Mayor Gordon, Mayor Pro Tern Jacobs, Council Members Gaines, McDowell and Wernick introduced Ordinance No. 1319. 2. Public hearing on a proposed fifteen -year Development Agreement for the proposed 1,500,000 square foot El Segundo Media Center project on the 46 -acre former Rockwell International property bounded by Mariposa Avenue, Nash Street, Atwood Way, and Douglas Street. (Environmental Assessment No. EA -515 and Development Agreement No. 00 -1). Applicant: El Segundo Media Center, LLC. Property owner: Federal Express Corporation. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on a proposed fifteen -year Development Agreement for the proposed 1,500,000 square foot El Segundo Media Center project on the 46 -acre former Rockwell International property bounded by Mariposa Avenue, Nash Street, Atwood Way, and Douglas Street. (Environmental Assessment No. EA -515 and Development Agreement No. 00 -1). Applicant: El Segundo Media Center, LLC. Property owner: Federal Express Corporation. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received by the Clerk's office. Mayor Gordon stated that based on the request of the applicant to continue the Planning Commission Public Hearing, this Public Hearing was cancelled. C. UNFINISHED BUSINESS — 3. Take action necessary to give notice of a special election regarding the implementation of a special tax on parking lot businesses. Mayor Gordon read the following: "Every person engaged in the business of operating a parking lot in the City for vehicles shall pay a business license tax of ten percent (10 %) of the annual gross receipts generated from the operation of the parking lot. For purposes of this section, the term "gross receipts" shall mean gross income, as defined in the Internal Revenue Code. "Gross receipts" shall not include amounts received under a commercial lease whether or not received as rent or separately assessed. The business license tax imposed by this section shall not apply to gross receipts attributable to: employee, theater patron, restaurant patron, retail patron, hotel patron, and validated parking; whether self or valet parking, for business establishments located within the City." Bill Crigger, President of the Chamber of Commerce, spoke regarding the proposed exemptions to parking lot tax and stated that the Chamber would not oppose the tax. MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 5 Jerry Saunders, Continental Development, spoke regarding exemptions to valet parking. Bill Wenger, Kilroy Industries, stated that as currently drafted Kilroy is not in support of the Ordinance. Council directed the City Attorney to make recommended modifications to the proposed Ordinance and the item would be addressed later in the meeting. Council recessed at 9:00 p.m. Council reconvened at 9:10 a.m. All members present. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Announce appointments to the Recreation & Parks Commission, the Planning Commission, Economic Development Advisory Council, and Library Board of Trustees. Mayor Gordon announced the following appointments: Bill Goodlick, Dan Runder, and John Van Hook as Business Representatives to the Economic Development Advisory Committee, no term expiration, Daniel James as Resident Representative to the Economic Development Advisory Committee, no term expiration; Bernice Whitcomb to the Library Board of Trustees, to a full term to expire 6/30/03 and Jane Conley to the Library Board of Trustees, to an unexpired term to expire 6130/01; Cheryl Frick and Greg Richard to the Planning Commission to full terms to expire 6/30/04; Bill McCaverty to the Recreation and Parks Commission, to a full term to expire 5/30/04; and Bill Bue to the Investment Advisory Committee, to an unexpired term to expire 8/30/01. Council directed staff to continue recruitment and interviewing for CCB's. 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. 5. Approve Warrant Numbers 2510812 - 2511089 on Register No. 18A in total amount of $615,383.66, Wire Transfers in the amount of $1,035,923.25, Warrant Numbers 2511090 - 2511378 on Register No. 19B in total amount of $1,969,204.52, and Wire Transfers in the amount of $279,924.14. 6. Approve City Council meeting minutes of June 20, 2000. 7. PULLED BY COUNCIL MEMBER WERNICK MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 6 8. Approve request from Hughes Space and Communications (HSC) to hang a 2,500 square feet banner to celebrate the sale of HSC to the Boeing Company. The sign would be located on the west side of HSC building S03A at 901 North Nash Street for one week beginning approximately August 1, 2000 and then relocated to the east side of 2300 East Imperial Highway for approximately 11 weeks from the start date (Sign Plan 00 -12). Applicant: Hughes Space and Communications. 9. Approve the purchase of twelve Mobile Vision in car video systems for the new fleet of police units on a sole- source basis using Equipment Replacement and Asset Forfeiture Funds totaling $47,348.55. 10. Adopt Resolution No. 4172 accepting the road deed and agreement to convey and claim for payment from the Los Angeles County Metropolitan Transportation Authority (MTA) for the Rosecrans Avenue /Aviation Boulevard intersection improvements. Authorize the Mayor to execute the certificate of acceptance for the road deed on behalf of the City. 11. Adopt plans and specifications for 1999 -00 slurry seal of various streets — Project No. PW 00 -11 (estimated cost $105,000.00). Authorize staff to advertise the project for receipt of construction bids. 12. Adopt plans and specifications for the lining of sanitary sewer access structures at various locations — Project PW 00 -12 (estimated cost $60,000.00). Authorize staff to advertise the project for receipt of construction bids. 13. PULLED DUE TO A POSSIBLE CONFLICT BY MAYOR PRO TEM JACOBS 14. PULLED AT THE REQUEST OF THE PUBLIC 15. PULLED AT THE REQUEST OF THE PUBLIC MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 5, 6, 8, 9, 10, 11 and 12. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. City Council designation of Waste Management as a single source for disposal of green waste since fiscal year costs will exceed $10,000. (Fiscal Impact — None — transfer of funds to be done from one Public Works Department account to another.) MOVED by Council Member Wernick, SECONDED by Mayor Pro Tern Jacobs to approve designation of Waste Management as a single source for disposal of green waste since fiscal year costs will exceed $10,000. (Fiscal Impact — None — transfer of funds to be done from one Public Works Department account to another.) MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 7 13. Award of contract for Grand Ave. pavement rehabilitation — Project No. PW 99 -06 (contract amount = $129,411.63). Authorize the Mayor to execute the standard Public Works construction agreement, Contract No. 2806, after approval as to form by the City Attorney. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to award of contract for Grand Ave. pavement rehabilitation — Project No. PW 99 -06 (contract amount = $129,411.63). Authorize the Mayor to execute the standard Public Works construction agreement, Contract No. 2803, after approval as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410 MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POSSIBLE CONFLICT OF INTEREST. 14. Approve the three -year Memorandum of Understanding between the City of El Segundo and the El Segundo Police Officers Association and adopt Resolution No. 4173 approving the Memorandum of Understanding, Contract No. 2805. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the three -year Memorandum of Understanding between the City of El Segundo and the El Segundo Police Officers Association and adopt Resolution No. 4173, approving the Memorandum of Understanding, Contract No. 2805. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 15. Approve the three -year Memorandum of Understanding between the City of El Segundo and the International Firefighters' Association (I.A.F.F.) Local 3682 and adopt Resolution No. 4174 approving the Memorandum of Understanding Contract No. 2804. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the three -year Memorandum of Understanding between the City of El Segundo and the International Firefighters' Association (I.A.F.F.) Local 3682 and adopt Resolution No. 4174, approving the Memorandum of Understanding Contract No. 2804. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS — 16. Request for City Council to (1) approve funding in the amount of $190,000 for the development and implementation of a city operated animal control program, (2) approve a resolution amending Section 8.12.040 of the El Segundo Municipal Code authorizing the increase of licensing fees, and (3) authorize use of the additional licensing revenue to offset the cost of this program. Police Chief Tim Grimmond gave a staff report. Staff to advertise program to the community, obtain input and to bring back to Council in 60 days. G. REPORTS - CITY MANAGER - NONE MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 8 H. REPORTS — CITY ATTORNEY Announced that the City would be filing action against Trio Manufacturing for non - payment of business license taxes and land use issues. I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell — Holding "office hours" 10 a.m. to 12 p.m. Saturday, July 22, at Recreation Park. Council Member Gaines — Noted that on Thursday, July 20, 2000 at 11 a.m. there will be a Grand Opening of the new 911 Communications Center. Council Member Wernick — Thanked staff for contingency plan for Golf Course. Thanked Recreation and Parks for wonderful 4`h of July celebration. Mayor Pro Tern Jacobs - NONE Mayor Gordon — 17. Announcement of appointment of Mike Gordon as alternate delegate to the South Bay Cities Council of Governments. 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 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. Sandra Mason, resident, spoke regarding downtown traffic flow and buses. Spoke regarding security at upcoming National Convention Delegate Hotel. Also spoke on animal control issue. D. UNFINISHED BUSINESS - FROM EARLIER ON AGENDA 3. Take action necessary to give notice of a special election regarding the implementation of a special tax on parking lot businesses. MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 9 City Attorney Mark Hensley read the following: RESOLUTION NO. 4168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE SUBMISSION TO THE VOTERS OF A SPECIAL TAX ON PARKING LOT BUSINESSES TO PROVIDE REVENUES FOR THE CITY'S POLICE AND FIRE DEPARTMENTS AND FOR PUBLIC ROAD IMPROVEMENTS MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4168 calling and giving notice of holding a Special Municipal Election to be held on Tuesday, November 7, 2000 for the Submission to the Voters of a Special Tax on Parking Lot Businesses to Provide Revenues for the City's Police and Fire Departments and for Public Road Improvements. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSTAIN: NONE; ABSENT: NONE. 4/1 City Attorney Mark Hensley read the following: RESOLUTION NO. 4169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4169 Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Municipal Election to be Held November 7, 2000, with the General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSTAIN: NONE; ABSENT: NONE. 411 City Attorney Mark Hensley read the following: RESOLUTION NO. 4170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 10 MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to adopt Resolution No. 4170 Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis of the Measure. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley read the following: RESOLUTION NO. 4171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4171 Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections. MOTION PASSED BY UNANIMOUS VOICE. 5/0 MEMORIALS - NONE ADJOURNMENT at 10:15 p.m. i Cathy Doma n, Deputy City Clerk MINUTES OF THE EL SEGUNDO CITY COUNCIL JULY 18, 2000 PAGE NO 11