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2003 AUG 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 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 - Absent Council Member McDowell- Present Council Member Wernick - Present NEW BUSINESS Appointment of Real Property Negotiator. Recommend action is to appoint the City Manager, Mary Strenn, as the City's real property negotiator to acquire property located at APN 4138- 010 -010, 4138- 012 -800, 4138- 012 -900, 902 & 904, 4138- 011 -019, 006 and 036. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to appoint City Manager Mary Strenn as real property negotiator to acquire property located at APN 4138 -010- 010, 4138 - 012 -800, 4138 - 012 -900, 902 & 904, 4138 - 011 -019, 006 and 036. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. COUNCIL MEMBER GAINES ABSENT AND COUNCIL MEMBER MCDOWELL NOT PARTICIPATING DUE A POTENTIAL CONFLICT DUE TO BUSINESS INTERESTS. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) 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. Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 Ganey v. Haffley / Haffley v. City of El Segundo, LASC No. YC 045092 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 1 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 3 matters Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential employee group (unrepresented) Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Supervisory and Professional Employees Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matter City Negotiators: Mary Strenn, City Manager; Property: APN 4138 - 010 -010, 4138 - 012 -800, 4138- 012 -900, 902 & 904, 4138- 011 -019, 006 and 036; Negotiating Parties: Property Owners; Under Negotiation: Price and Terms of Payment. COUNCIL MEMBER MCDOWELL NOT PARTICIPATING IN CLOSED SESSION DISCUSIONS WITH REAL PROPERTY NETOGIATOR DUE TO A POTENTIAL CONFLICT. SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Fr. Alexei Smith — St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick PRESENTATIONS — (a) Council Member Wernick presented a Commendation to Bernice Whitcomb, E. Jane Conley, and Robert Sowder, outgoing Directors on the El Segundo Library Board of Trustees for their service to the community. (b) Council Member McDowell presented a Proclamation proclaiming Saturday, August 16, 2003 as Volunteer Recognition Day in El Segundo and inviting its volunteers to a celebration in their honor on this day from 11:30 a.m. to 2:00 p.m. (c) Mayor ProTem Jacobs presented a Commendation to the El Segundo Ministerial Association for its spiritual and moral support of the work of the City Council and of the people of our community ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Absent 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. Dan Ehler Chamber of Commerce Executive Director, announced their support of the Air Force Base projects. He also spoke regarding the work done on the circulation plan and presented a communication from the Board of Directors. Joe Brandin, resident, spoke on items 10, 13, and 9. He further questioned the procedure for the award of contracts. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding 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 regarding 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. He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Clerk Mortesen stated that proper notice was completed and no written communications had been received by the City Clerk's Office. Mary Strenn, City Manager, gave a report. Council consensus to close the public hearing. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4316 A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT PURSUANT TO GOVERNMENT CODE § 65089. MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to adopt Resolution No. 4316 finding the City to be in compliance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report pursuant to Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 2. Consideration and possible action (Public Hearing) regarding a request to construct nine townhouse -style condominium "live /work" units with: (1) a Variance request to allow access to the site from Grand Avenue; (2) a Zone Text Amendment, which would allow a 15 foot front yard setback on lots with a depth of less than 140 feet in the MDR Zone and a MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO 4 definition of a "live /work" use; (3) a subdivision request to allow the construction of nine townhouse -style "live /work" units through Vesting Tentative Tract Map No. 54134; and (4) a Smoky Hollow Site Plan request that would activate of the Medium Density Residential Zone for the property. Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding a request to construct nine townhouse -style condominium "live /work" units with: (1) a Variance request to allow access to the site from Grand Avenue; (2) a Zone Text Amendment, which would allow a 15 foot front yard setback on lots with a depth of less than 140 feet in the MDR Zone and a definition of a "live /work" use; (3) a subdivision request to allow the construction of nine townhouse -style "live /work" units through Vesting Tentative Tract Map No. 54134; and (4) a Smoky Hollow Site Plan request that would activate of the Medium Density Residential Zone for the property. He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Clerk Mortesen stated that proper notice was completed and no written communications had been received by the City Clerk's Office. Mary Strenn stated that the Developer had requested a continuation of the Public Hearing. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to continue the Public Hearing to August 19, 2003. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT NOTE THAT COUNCIL MEMBER MCDOWELL DID NOT LEAVE DIAS DUE TO A POTENTIAL CONFLICT AS NO ACTUAL DISCUSSION OR DECISIONS WERE MADE ON AGENDA ITEM 2. C. UNFINISHED BUSINESS 3. Consideration and possible action regarding a progress report on the update to the Circulation Element of the General Plan. Paul Garry, Acting Planning Manager, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to: (a) Use 1,600 vehicles per hour and a 5% inefficiency factor for lane capacities. (b) Defer action on preparing interim year projections. (c) Incorporate 850,000 square feet of development potential (Honeywell) into project list. (d) Use 50% of building FAR regarding recyclable buildings. (f) Include two -way operation of Nash and Douglas Streets as a base year condition. (g) Include deletion of Grand and Mariposa Avenue extensions from Douglas Street to Aviation Boulevard into traffic model. (h) Incorporate future east -west and north -south roadway extensions on Honeywell property as a base year condition. (i) Direct staff to begin FAR scenario traffic forecasts based 0.8, 1.0 and 1.3 FAR in the CO and MU -N Zone. 0) Run operational analysis as a demonstration on one corridor. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 5 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to: (e) Add transit assumptions by type into calculations. In addition include ICS Credit of 10% based on implementation of an intelligent traffic system. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to: (i) Direct staff to begin FAR scenario traffic forecasts based 0.8, 1.0 and 1.3 FAR in the CO and MU -N Zone. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. City Manager to report at September 2, 2003 City Council meeting if consultant cannot complete the calculations for consideration at the September 16, 2003 meeting. 4. Consideration and possible action regarding adopting a new Resolution of Application to the Local Agency Formation Commission for Los Angeles County ( LAFCO) and Reorganization Agreement between Hawthorne, El Segundo and the developer with respect to the Los Angeles Air Force Base project. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4317 RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZAION OF TERRITORY MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to adopt LAFCO Resolution of Application No. 4317 and approval of Reorganization Agreement No 3208. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSENT: COUNCIL MEMBER GAINES. 3/1/1. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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. Approved Warrant Numbers 2534794 to 2535206 on Register No. 20 in the total amount of $1,914,228.08 and Wire Transfers from 7/4/2003 through 7/24/2003 in the total amount of $1,496,040.53 and authorized staff to release. Ratified: Payroll and Employee Benefit MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 6 checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 6. PULLED FROM AGENDA BY CITY CLERK 7. Approved Resolution No. 4318 authorizing the annual destruction of identified records in accordance with the provisions of § 34090 of the Government Code of the State of California. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. Awarded Contract No. 3209 to Harris & Associates, lowest responsible bidder, for Infrastructure Valuation Consulting Services related to the implementation of Governmental Accounting Standard Board (GASB) Statement 34. Authorized the City manager to execute a standard professional services agreement on behalf of the City. 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Adopt Resolution No. 4319 providing for the payment of compensation to executive and management level employees serving during extended emergency services under the City's Emergency Operations Plan. 12. Waived the formal bidding process per the Municipal Code for the purchase and installation of a Range Ball Dispenser at the Lakes Golf Course on a sole source basis and authorized the City Manager to execute Contract No. 3210 between the City and Range Servant America (manufacturer). Purchase and installation will come from the remaining FY 2002- 2003 Golf Course capital outlay budget, not to exceed $16,000. 13. Consideration and possible action to waive the formal bidding process on the purchase of 13 Automatic Vehicle Locator (AVL) status - mapping systems, RADCOM client licenses, antennas, and related equipment, for the Police Department Patrol Division using funds from the Local Law Enforcement Block Grant (LLEBG) account. Fiscal impact is approximately $19,604 in grant funds. MAYOR REQUESTED THIS ITEM BE DELAYED TWO WEEKS 14. Received and filed report. Accepted $160,232.41 in cumulative grant funding from the State Homeland Security Grant Program (SHSGP) and County of Los Angeles Office of Emergency Management (OEM). Fiscal Impact: $160,232.41 which will be fully reimbursable. Authorized Administrative Services Department to establish an account for the purchase of grant - related equipment. Authorized the Fire Department to coordinate the acquisition and purchase of equipment as authorized under the grant. 15. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 16. Adopted Resolution No. 4321 approving the Emergency Management Mutual Aid (EMMA) Plan. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO 7 17. Approved cost sharing Agreement No. 3211 between the Cities of El Segundo and Manhattan Beach for Rosecrans Avenue Improvements between Sepulveda Boulevard and Highland Avenue. (Estimated cost to El Segundo - $250,000) Authorized the City Manager to execute on behalf of the City. 18. Awarded Contract No. 3212 to Civil Works Corporation for the 2003 -2004 Annual Contract for P.C.C. Curb, Curb and Gutter, Sidewalk and other minor improvements — Project No. PW 03 -07. (Fiscal Impact $50,000) Authorized the City Manager to execute the contract on behalf of the City. 19. Authorized an additional $30,000 to the City -CBM Contract No. 3019 for providing construction inspection services for the Grand Avenue /Sepulveda Boulevard intersection improvement project — Approved Capital Improvement Program. (Estimated Cost $30,000) Authorize the City Manager to authorize an additional $30,000 to the City -CBM contract. 20. Accepted as complete the project for City Hall Improvements — Phase 1 — Approved Capital Improvement Program — Project No. PW 01 -17 (Project Cost $210,861). Approved Change Order No. 1 in the amount of $43,656. Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve consent items 5, 7, 9, 11, 12, 14, 16, 17, 18, 19 and 20. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT AND MAYOR GORDON ABSTAINING ON ITEM 19. CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action regarding the presentation of the FY 2003 -04 Preliminary Operating Budget and Five Year Capital Improvement Project Plan. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to receive and file the FY 2003 -04 Preliminary Operating Budget and Five -year Capital Improvement Project Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 10. Consideration and possible action regarding expanding the scope of services of contract to Fieldman, Rolapp & Associates for professional services to conduct financial advisory services for the Air Force Base Project (Fiscal Impact $16,700). MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to expand the scope of services of Contract No. 3101 A to Fieldman, Rolapp & Associates for professional services to conduct financial advisory services for the Air Force Base Project. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSENT: COUNCIL MEMBER GAINES. 3/1/1 MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO 8 15. Consideration and possible action regarding adopting of the new City of El Segundo SEMS Emergency Operations Plan (EOP). This plan has been approved by the Governor's Office of Emergency Services (EOS). Fiscal Impact: None MOVED by Council Member Wernick, SECONDED by Council Member McDowell to adopted Resolution No. 4320 approving new City of El Segundo SEMS Emergency Operations Plan (EOP). MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. F. NEW BUSINESS — NONE G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — Noted that new speaker timer had been installed in the Council Chamber. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the South Bay Calendar on the Web at www.southbaycities.com. Council Member Wernick — Reported on the Monterey, League of California Cities Conference. Mayor Pro Tern Jacobs — NONE Mayor Gordon — Update on LAX efforts at the Council Meeting on September 2, 2003. Also reported on the 310 area code split. 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. Julie Stolnack, resident and President of Rotary Club, thanked the Council and City for their support for the "Movie in the Park" on Saturday. Joe Brandin, resident, spoke regarding his concern on campaign finance. Jack Kenton, resident, spoke regarding the 9/80 work week in the City. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 9 Steve Bradford, Southern California Edison, spoke about the rate reduction of about 8% for residents and various percentages for businesses. Ted Dickton, resident, spoke regarding the Mayors bid for the State Assembly, energy, and his health. MEMORIALS — Raymond P. Hardner, longtime resident and retired City employee. CLOSED SESSION - NONE ADJOURNMENT at 9:10 p.m. Cindy M6ftesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2003 PAGE NO. 10