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2000 SEPT 05 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon - Present - Arrived at 5:05 p.m. Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Excused Absence — Medical Reasons CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sew.) 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): -1- 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. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO I CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION - Pastor Randy Williams, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs PRESENTATIONS - (a) Mayor Gordon made a presentation to Assemblyman George Nakano, 53rd State Assembly District. (b) Council Member McDowell presented a Commendation to Chevron for hosting the 9th Annual School Pride Day and all participants who volunteered their time and effort to spruce up Richmond Street School. ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Excused Absence — Medical Reasons 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. 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. Liz Garnholz, resident, spoke regarding airport issues and the former Ralph's site. Dorothy Kent, resident, spoke regarding airport issues, the mosquito problem and animal control. Moe Mills, resident, reported on grafitti problem and thanked City for their support in the clean up effort. Peggy Tyrell, resident, spoke regarding airport issues. Frank Wong, resident, spoke regarding funds being spent to fight LAX expansion. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 2 Emily Newman of the American Heart Association requested City support and approval to close certain streets during the Heart Walk to the held on Saturday, September 23, 2000. Mayor Pro Tern Jacobs spoke regarding the mosquito problem and noted that the vector control number to report problems was (310) 915 -7370. Mayor Gordon thanked Mr. Mills and staff for addressing the grafitti problem so quickly. Reported that Ralph's Corporation had changed its position and now would consider approving a food store at the location. Mary Strenn, City Manager, reported on the American Heart Association's request for Council support. MOVED by Mayor Gordon, SECONDED by Mayor Pro Tem to approve the American Heart Association request for support of the Saturday, September 23, 2000 Heart Walk. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 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 Gaines to read all ordinance and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). B. SPECIAL ORDERS OF BUSINESS - 1. Oral presentation by Mr. Mike Rotolo, Chairperson of the Capital Improvement Program Advisory Committee (CIPAC), regarding the Committee's recommendations for the fiscal year 2000 -2001 Capital Improvement Program. Mr. Rotolo, Chairperson of the Capital Improvement Program Committee, gave a brief presentation on the Five -Year Capital Improvement Plan. Council received and filed. 2. Public Hearing to discuss FY 2000 -2001 Preliminary Budget and Five Year Capital Improvement Plan. Mayor Gordon stated this is the time and place hereto fixed for a public hearing to discuss the FY 2000/2001 Preliminary Budget and Five Year Capital Improvement Plan. He asked if proper notice had been done and if any Written Communications had been received. Deputy Clerk Domann stated that noticing had been done in a timely manner and no written communication had been received regarding this item. Liz Garnholz, resident, requested a breakdown of money being spent on fighting LAX expansion. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 3 Carl Jacobson, resident, spoke regarding airport issues and requested the purchase, with other cities, radar equipment for monitoring of early turns. Frank Wong, resident, requested a breakdown of money being spent to fight LAX expansion. Consensus of Council to close tonight's portion of the public hearing Council Member Gaines requested clarification from Carl Jacobson regarding tracking of early turns. City Manager Mary Strenn to work directly with the members of the public regarding questions on the breakdown of money being spent to fight LAX expansion. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to continue the public hearing to September 19, 2000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 3. Public hearing on a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club; and approval of Mitigated Negative Declaration for the parking lot modifications and the Spectrum Club expansion. (Environmental Assessment EA No. 521, Precise Plan Amendment PP No. 00 -01). Property owner: Continental Development Corporation. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club; and approval of Mitigated Negative Declaration for the parking lot modifications and the Spectrum Club expansion. (Environmental Assessment EA No. 521, Precise Plan Amendment PP No. 00 -01). Property owner: Continental Development Corporation. He asked if proper notice had been done and if any Written Communications had been received. Deputy Clerk Domann stated that noticing had been done in a timely manner and no written communication had been received regarding this item. Chris Ketz, Planning Manager, gave a report. Consensus of Council to close public hearing. City Attorney Mark Hensley read the following: ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING PRECISE PLAN AMENDMENT (PP) NO. 00 -01 FOR 800 APOLLO STREET, PROVIDING OFF -SITE PARKING FOR THE SPECTRUM HEALTH CLUB LOCATED AT 2200- 2250 PARK PLACE, PETITIONED BY: CONTINENTAL DEVELOPMENT CORPORATION. Council Member introduced Ordinance No. 1322. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 4 City Attorney Mark Hensley read the following: RESOLUTION NO. 4180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT (EA) NO. 521 [CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR CONDITIONAL USE PERMIT (CUP) NO. 00 -04 AND PRECISE PLAN (PP) NO. 00 -01] FOR THE SPECTRUM HEALTH CLUB LOCATED AT 2200 -2250 PARK PLACE, AND OFF -SITE PARKING LOCATED AT 800 APOLLO STREET, 831 SOUTH DOUGLAS STREET, AND 2201 ROSECRANS AVENUE, PETITIONED BY: CONTINENTAL DEVELOPMENT CORPORATION (FOR SPECTRUM HEALTH CLUB). MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to adopt Resolution No. 4180, approving Environmental Assessment EA No. 521 (certification of a mitigated negative declaration of environmental impacts for Conditional Use Permit No. 00 -04 and Precise Plan No. 00 -01) for the Spectrum Heath Club located at 2200 -2250 Park Place and of -site parking located at 800 Apollo Street, 831 South Douglas Street and 2201 Rosecrans Avenue. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). C. UNFINISHED BUSINESS - 4. Introduce Ordinance No. 1323 of the City of El Segundo, California amending Title 5 (Business Regulations and Licensing) of the El Segundo Municipal Code by modifying section 5.42.060 regarding specific permit fees for motion picture, radio, television productions, and still photography commercial advertising. Notice has been made to the California Film Commission and the Motion Picture Association of America. City Manager Mary Strenn gave a brief report. City Attorney Mark Hensley read the following: ORDINANCE NO. 1323 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 5.42.060 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH SECTION RELATES TO FILM PERMIT FEES. Mayor Pro Tern Jacobs introduced Ordinance No. 1323. 5. Amendment to the El Segundo Municipal Code, Sections 3.06.010 et seq., entitled Business Attraction Program. Jim Hansen, Director of Community, Economic and Development Services and Council Member McDowell gave reports. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 5 City Attorney Mark Hensley read the following: ORDINANCE NO. 1324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 3.06 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED BUSINESS ATTRACTION PROGRAM Council member McDowell introduced Ordinance No. 1324. 6. Downtown Specific Plan improvements for the 300 and 400 blocks of Main Street plus underground communication conduits in the 100 and 200 block (estimated conceptual cost = $1, 365,000) with an option to include the 500 block (estimated construction cost = $750,000). Estimated design cost for the three blocks is $135,000. $250,000 has been reserved for the design and construction of the Civic Center Plaza. Total estimated cost without construction of the 500 block = $1,750,000. Andy Santamaria, Director of Public Works, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve the design and construction of the Downtown Specific Plan conceptual plan elements for the 300, 400 and 500 blocks of Main Street, including placement of underground communication conduits in the 100 and 200 blocks of Main Street. Commitment of the construction funds for the 500 block will be reevaluated in March, 2001. MOTION PASSED BY THE FOLLOWING VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES AND MC DOWELL 3/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POSSIBLE CONFLICT OF INTEREST. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 7. Request to have a concert and picnic in Library Park, Sunday, October 22, 2000 from 10:00 a.m. to 3:00 p.m. The event is free to the public, with food, door prizes and logistical support from a local business. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the Recreation and Parks Commission recommendation to have a concert and picnic in Library Park, Sunday, October 22, 2000 from 10:00 a.m. to 3:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 8. El Segundo Community Cable Advisory Committee requests the City to: a) Pursue possible back franchise fees owed to the City by Time Warner Cable. b) Request reimbursement for costs incurred by the City relating to the recent AOL/Time Warner transfer. Greg Johnson, Director of Recreation and Parks, gave a report. Council Member McDowell gave a sub - committee report. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 6 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to have the City Attorney's office send a letter to Time Warner Cable requesting they provide an accounting of franchise fees owed and paid to the City dating back to 1991, and requesting reimbursement of City- incurred costs relating to the AOL/Time Warner franchise transfer. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 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. 9. Approve Warrant Numbers 2512022 - 2512430 on Register No. 22 in total amount of $1,076,991.36, and Wire Transfers in the amount of $1,133,862.81. 10. Approve City Council meeting minutes of August 9, 15 and 21, 2000. 11. Adoption of Ordinance No. 1321 amending Contract No. 537 between the Board of Administration of the Public Employees Retirement System and the City Council of the City of El Segundo and providing Section 21362.1 (3% at 50 Full Formula) for local Police members as required by the El Segundo Police Officers' Association 2000 -2003 Memorandum of Understanding. 12. Adoption of Ordinance No. 1320 which implements the Standard Urban Storm Water Mitigation Plan of the California Regional Water Quality Control Board for the Los Angeles region by amending the El Segundo Municipal Code to add new Chapter 6.28, "Standard Urban Storm Water Mitigation Plan Implementation" (No fiscal impact). 13. Award Contract No. to 2823 Transportable Treatment Services, Inc., for the lining of sanitary sewer access structures — Project No. PW 00 -12 (contract amount = $50,000.00), and authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. 14. Acceptance of the replacement of volleyball court and paddle tennis court surfaces — Project No. PW 00 -5 (final contract amount $48,224.00) and authorize the City to file the City Engineer's Notice of Completion in the County Recorder's Office. 15. Accept donation of Youth Swim Fins Donation from Neofin, Inc. 16. PULLED BY COUNCIL MEMBER GAINES 17. Accept a California State Library Grant #6120 - 140 -0001 in the amount of $50,000 awarded to the El Segundo Public Library which funds equipment and software to host the library's catalog, Innopac, on the Internet. Fiscal Impact: None. 18. PULLED BY MAYOR GORDON 19. NOT INCLUDED IN ORIGINAL MOTION TO APPROVE CONSENT AGENDA ITEMS MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 7 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 9, 10, 11, 12, 13, 14, 15, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). CALL ITEMS FROM CONSENT AGENDA 16. Approve amendment to a professional service Contract No. 2645 with Meyer, Mohaddes Associates (MMA) for traffic and environmental services to prepare additional traffic analysis for the General Plan Circulation Element update. The amount to be paid to the Consultant under this amendment is $9,970.00. Traffic Impact Fee Mitigation funds will be used to cover the cost of the services. Council Member Gaines requested an update on the circulation plan. Jim Hansen, Director of Community and Economic Development Services, and Chris Ketz, Planning Manager, responded to Council questions. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve amendment to a professional service Contract No. 2645 with Meyer, Mohaddes Associates (MMA) for traffic and environmental services to prepare additional traffic analysis for the General Plan Circulation Element update. The amount to be paid to the Consultant under this amendment is $9,970.00. Traffic Impact Fee Mitigation funds will be used to cover the cost of the services.. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 16. Receive and file Street Tree Master Plan Implementation Greg Johnson, Director of Recreation and Parks responded to Council questions. MOVED by Mayor Gordon, SECONDED by Council Member McDowell to postpone item and reagendize as Unfinished Business on the September 19, 2000 agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 19. City Council approval to award to Sunset Floors the installation of new carpet and linoleum at multiple City locations, for the quoted price of $13,071.00. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve award to Sunset Floors for installation of new carpet and linoleum at multiple City locations, for the quoted price of $13,071.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). F. NEW BUSINESS — 20. Introduction and First Reading of Ordinance No. 1325 Amending Chapter 3.24.130 of the El Segundo Municipal Code relating to Utility User's Tax (UUT); adoption of UUT Administrative Rules and Regulations; approval of UUT fixed fee and legal services agreements. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 8 Bret Plumlee, Director of Finance, gave a report. City Attorney Mark Hensley requested that the Administrative Rules and Regulations be amended to provide for a 30 day written notice for any modifications or changes. Roger Hailey, Southern California Edison presented the company's concerns. Doug Wiese, Don Maynor Legal Firm reported as to what other cities are doing regarding UUT fees. City Attorney Mark Hensley read the following: ORDINANCE NO. 1325 AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 3.24, ENTITLED "UTILITY USERS TAX," BY ADDING SECTION 3.24.125, ENTITLED "VIOLATION OF RECORDS REQUIREMENT; PENALTY," SUBSECTION (F), TO SECTION 3.24.130, ENTITLED "REFUNDS," AND SECTION 3.24.170, ENTITLED "APPEALS Council Member Gaines introduced Ordinance No. 1325 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt the Utility User's Tax (UUT) Administrative Rules and Regulations as amended, approve Fixed Fee Agreement, Contract No. 2824 between MBIA MuniServices Company /Municipal Resources Consultants (MMC) and the City of El Segundo, and approve Legal Services Agreement, Contract No.2825 between Don Maynor and the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Reported next "Office hours in the Park" on Saturday, September 16, 10 a.m. until Noon, in the Picnic Pavilion. Council Member Gaines - 20. Report on the status of the California electrical power system. Consensus of Council to direct staff to review and comment on PUC report. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 9 Staff and Council to contact State legislators to determine how they are going to address this issue. Requested revisions to the consultant list. Mayor Pro Tern Jacobs - Reported on ground breaking of Air Force Base Medical Clinic. Mayor Gordon - Noted the Food and Music Festival will be held on Saturday, September 16, 2000. Reminded the public of the 60 -day review of the Animal Control proposal. 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. Loretta Fry, resident, commended the Fire and Police Departments. Commented on recent appointments to City Commissions. Liz Garnholz, resident, spoke regarding the Tree Implementation Plan and requested a copy of the Plan. Also spoke on the Downtown Specific Plan. MEMORIALS - CLOSED SESSION - NONE ADJOURNMENT at 9:50 p.m. &Wc9s��� Cathy DomarM, Deputy City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 10