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2003 APR 15 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 15, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present MOVED by Council Member Gaines, SECONDED by Council Member Wernick appoint City Manager Mary Strenn as additional Labor Negotiator for Police Officers' Association and Firefighters' Association. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. Schwartz v. City of El Segundo, LASC No. YC044253 Bressi v. City of El Segundo, LASC BC288292 Bressi v. City of El Segundo, LASC BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. 1. Tort Claim — Golf Course Patron DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —1 matter Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO 1 Council moved to open session at 6:55 p.m. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 15, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Jeannie Kuhn of the Community of Christ PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member McDowell presented a Proclamation to the Tree Musketeers proclaiming April 25, 2003 as Arbor Day in El Segundo and encouraging all citizens to value the importance of trees in improving our hometown quality of life. (b) Mayor Pro Tern Jacobs presented Commendations to Don Cottom, Joe Harding, Aliza Goldberger, Davida Hagan, Marisa Vega, for completing both the L.A. and Paris Marathons; Laurie Ferro for completing the L.A. Marathon, and Sandra Sooklal for her participation in the L.A. Marathon; while helping raise $160,000 for Rotary International's quest to eradicate polio from the face of the Earth by the 100th anniversary year of Rotary worldwide, in the Year 2005. ROLL CALL Mayor Gordon - Present Mayor ProTem 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 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. NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 2 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding a Public Hearing on an amendment to the El Segundo Municipal Code (ESMC) Section 15 -21 -6A and 15- 21 -7 -B1 and General Plan Land Use Element, Smoky Hollow Mixed -Use Section; Land Use Policy LU 1 -3.1 and Policy LU 1 -3.3, Environmental Assessment No. 604, Zone Text Amendment No. 02 -02 and General Plan Amendment No. 02 -03. Applicant: City of El Segundo, Property Owner: Various Mayor Gordon stated this is the time and place hereto fixed for a public hearing on an amendment to the El Segundo Municipal Code (ESMC) Section 15 -21 -6A and 15- 21 -7 -B1 and General Plan Land Use Element, Smoky Hollow Mixed -Use Section; Land Use Policy LU1 -3.1 and Policy LU1 -3.3, Environmental Assessment No. 604, Zone Text Amendment No. 02 -02 and General Plan Amendment No. 02 -03. Applicant: City of El Segundo, Property Owner: Various He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Deputy Clerk Domann stated that proper notice was completed and no written communications had been received by the City Clerk's Office. Jim Hansen, Director of Community, Economic and Development Services gave a report. Mark Hensley, City Attorney, spoke regarding recommended revisions to Exhibit A of Smoky Hollow Mixed -Use Resolution and recommended changes to the Ordinance. Eric Johnson, resident, asked that any expansion come to the Planning Commission and Council for a variance permit. Jerry Saunders stated that his letter to Council regarding non - conforming structures and uses, was not included in the original agenda packet. It was noted that Council received the letter under separate cover. Mayor Pro Tern Jacobs felt this General Plan Amendment might prohibit economic development. Suggested an Administrative Use Permit rather than a Conditional Use Permit be required. Council consensus to close the public hearing. Mark Hensley, City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 3 RESOLUTION NO. 4305 A RESOLUTION APPROVING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 604, GENERAL PLAN AMENDMENT NO. 02 -03 AMENDING THE LAND USE ELEMENT AND ZONE TEXT AMENDMENT NO. 02 -02 AMENDING SECTIONS 15 -21 -6A AND SECTION 15- 21 -7 -B1 OF THE EL SEGUNDO MUNICIPAL CODE. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4305 approving a negative declaration for Environmental Assessment No. 604, General Plan Amendment No. 02 -03, amending the Land Use Element and Zone Text Amendment No. 02 -02, amending sections 15 -21 -6A and Section 15 -21 -761 of the El Segundo Municipal Code. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES; MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK; NOES; MAYOR PRO TEM JACOBS. 4/1 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4306 A RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 02 -03 AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4306 approving General Plan Amendment No. 02 -03, Amending the Land Use Element of the General Plan as amended. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES; MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK; NOES; MAYOR PRO TEM JACOBS. 4/1 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1359 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15 -21 -6 AND 15 -21 -7 AFFECTING FLOOR AREA RATIOS FOR NONCONFORMING BUILDINGS AND USES. Council Member McDowell introduced Ordinance No. 1359 as amended. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding a proposed ordinance to allow the City of Hawthorne to analyze the inclusion of Area A of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of detachment of Area A from El Segundo and annexation to Hawthorne, and financing of the LAAFB modernization project. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 4 Mark Hensley, City Attorney, gave a report. Mark Hensley, City Attorney read by title only: ORDINANCE NO. 1360 AN ORDINANCE OF THE CITY OF EL SEGUNDO AUTHORIZING THE CITY OF HAWTHORNE TO UNDERTAKE THE REDEVELOPMENT OF CERTAIN REAL PROPERTY CURRENTLY LOCATED IN THE CITY OF EL SEGUNDO AND COMMONLY REFERRED TO AS AREA A OF THE LOS ANGELES AIR FORCE BASE. Council Member McDowell introduced Ordinance No. 1360. 3. Consideration and possible action regarding refunding options of the City of El Segundo's portion of the 1992 Association of Bay Area Governments (ABAG) Certificates of Participation. Council consensus to defer item to Golf Course Sub - Committee to review information on bond funding and return to Council with a recommendation. Mayor Pro Tern Jacobs not participating on Item 4 due to a conflict of interest concerning her business property. She removed herself from the dias. 4. Consideration and possible action for award of contract for construction of the Downtown Specific Plan Improvements to Sequel Contractors, Inc. — Project No. PW 03 -03 — Approved Capital Improvement Program (Fiscal Impact $4,124,623). Mary Strenn, City Manager, gave a report. Andy Santamaria, Director of Public Works, responded to questions. Council Member Wernick made a motion to remove Street Clock item and the installation of the Pennsylvania Blue Stones from the proposed project. Motion died due to lack of a second. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 5 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to award Contract No. 3158 to Sequel Contractors, Inc., the apparent lowest responsible bidder, in the amount of $3,269,323. Add the following options to the contract; Street Clock ($34,500), Tree Grates ($44,800), Fiber Optic Conduit ($46,000), (d) one -half of street construction phasing ($25,000) with the completion of the project by December 1, 2003. Authorize: (a) $350,000 for construction contingencies, $150,000 for inspection costs and (f) $85,000 for S.C. Edison services charges. Authorize the Public Works Director to issue a Change Order not to exceed $120,000 for installation of Pennsylvania Blue Stones in the crosswalks at the Main Street and Grand Avenue intersection. Authorize the City manager to execute the contract on behalf of the City. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES; MAYOR GORDON, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES; COUNCIL MEMBER WERNICK; MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A CONFLICT OF INTEREST. 4/1 Mayor Pro Tem Jacobs returned to the dias. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5. Consideration and possible action to receive oral presentation by Mr. Mike Rotolo, Chairman of the Capital Improvement Program Advisory Committee (CIPAC). Mike Rotolo, gave a presentation. Council consensus to receive and file. Council directed staff to televise the CIPAC's community workshop on April 17, 2003. 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. 6. Approved Warrant Numbers 2532532 to 2532825 on Register No. 13 in the total amount of $1,558,411.00 and Wire Transfers from 3/22/2003 through 4/4/2003 in the total amount of $275,051.43. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 7. Approved City Council Meeting Minutes of April 1, 2003. 8. Approved Letter of Agreement No. 3159 between the City and California Teamsters Local 911 implementing agency shop provisions. Formally acknowledge the El Segundo Police Support Services Employee Association as the new exclusively recognized employee organization. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 6 9. Approved the revised El Segundo Community Cable Policies, Procedures and Guidelines as provided by the City Attorney. ITEM PULLED FOR FURTHER REVIEW BY THE CITY ATTORNEY AND WILL BE RE- AGENDIZED FOR THE MAY 20, 2003 COUNCIL MEETING. 10. Received and filed report of submission of a grant proposal to the Federal Emergency Management Agency (FEMA) under the Assistance to Firefighters Grant Program. Fiscal Impact: $44,932 (grant award announcements could occur in FY 02/03 or FY 03/04). 11. Approved Tract Map No. 53175 at 333 Kansas Street. 12. Awarded Contract No. 3160 to S.H.E. Construction Group, Inc. for the roof structure for storage bins at the Maintenance Facility — Approved Capital Improvement Program — Project PW 01 -21 (Fiscal Impact $160,000). Authorized the City Manager to execute the contract on behalf of the City. 13. Approved Temporary Entry Permit No. 3161 from Southern California Edison Company (Edison) to the City of El Segundo to access Edison's property for design and right -of -way engineering purposes in connection with the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (No Fiscal Impact). Authorized the City Manager to execute the permit approved as to form by the City Attorney. 14. Approved a Standard Professional Services Agreement No. 3162 with JCM Facilities Planning and Management for professional architectural design services for the Americans with Disabilities Act (ADA) Compatible Automated Doors at the City Library and the Recreation Park Joslyn Center — RFP No. 03 -03, CDBG Project No. 600445 -02 — Approved Capital Improvement Program (Estimated Cost of Service $6,955). Authorized the City manager to execute the agreement on behalf of the City. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve consent agenda items 6, 7, 8, 10, 11, 12, 13 and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. COUNCIL MEMBER GAINES ABSTAINING ON ITEM 11 DUE TO A POTENTIAL CONFLICT. COUNCIL MEMBER MCDOWELL ABSTAINING ON ITEM 13 DUE TO A POTENTIAL CONFLICT. COUNCIL MEMBER GAINES ABSTAINING ON ITEM 7 AS HE WAS ABSENT FROM THE MEETING. CALL ITEMS FROM CONSENT AGENDA -NONE F. NEW BUSINESS — G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO 7 J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — NONE Council Member Gaines — Spoke regarding his visit to the Los Angeles County Emergency Operations Center and Homeland Security. Also spoke regarding emergency response funding and requested staff to agendize for May 6, 2003 the assistance of Jerry Warbourg, Cassidy & Associates, to possibly look for the availability of resources /funds from the government. Council Member Wernick — Spoke regarding National Library Week, Hyperion issues, and LAX Master Plan. Mayor Pro Tern Jacobs — Spoke regarding upcoming seminar on "Doing Business with Federal Government" and the article in the Los Angeles Times on South Bay COG accomplishments. Mayor Gordon — Spoke regarding the regional high -speed rail project. Mayor Gordon introduced Gabby and Claudia from the Guaymas Sister City, who are here interning at the El Segundo Cable Studio. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Peggy Tyrell, resident, spoke regarding the downtown project. Eric Johnson, resident, spoke regarding the downtown project and the Pennsylvania Blue Stone. CELEBRATIONS — The birth of Will Babbitt, born to Erica and Tom Babbitt. CLOSED SESSION - NONE ADJOURNMENT at 9:00 p.m. 6V�a44L - Cathy Do ann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 15, 2003 PAGE NO. 8