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2003 DEC 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 16, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Jacobs at 5:00 p.m. ROLL CALL Mayor Gordon - Absent Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present 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)) — Three (3) matters Bressi vs. City of El Segundo, LASC No. BC288292 Bressi vs. City of El Segundo, LASC No. BC288293 Pulido vs. City of El Segundo, USDC No. 03CV4933 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): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 1 matter 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 Real Property Negotiator: Mary Strenn, City Manager Property: Potential purchase of APN No. 4138 - 011 -019 (Douglas Street Project) Matters under negotiation: Price and terms of acquisition Negotiating Parties: Kenneth E. and Helen M. Hill Trust SPECIAL MATTERS — None RECESS — The City Council recessed at 6:55 p.m. to convene in Open Session at 7:00 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 16, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Bishop Michael Briney of the Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell PRESENTATIONS — (a) Council Member Gaines presented Commendations to El Segundo Police Department K -9 Officers Tom Jones and Kenny McShane and their K -9 partners Basco and Tarkan, for their participation in and winning several events of the Riverside K -9 Trials. (b) Mayor Pro Tern Jacobs presented a Commendation to Cindy Mortesen and Chris Sherill on behalf of the sponsors, supporters and volunteers for their unselfish community service in keeping the hometown holiday tradition alive in El Segundo by organizing the El Segundo Community Christmas Dinner to be held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks. (c) Council Member Wernick presented a Commendation to Cathy Domann, Deputy City Clerk, for having achieved membership in the Master Municipal Clerk Academy Program of the International Institute of Municipal Clerks (IIMC), for her dedication to municipal service and for being an inspiration to all members of her profession. (d) Dan Erhler, Chamber of Commerce, presented trophies and recognition of winners and judges of the 2003 40`h Annual Holiday Main Street Parade. (e) Presentation by the El Segundo Unified School Board regarding facilities and academic achievements. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 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 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 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 (Public Hearing) regarding approval of the proposed revisions made to the Police Services Fee Schedule. Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding approval of the proposed revisions made to the Police Services Fee Schedule. He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. City Clerk Mortesen stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Mary Strenn, City Manager, gave a report. Council consensus to close public hearing Mark Hensley, City Attorney, read by title only RESOLUTION NO. 4352 A RESOLUTION ADOPTING NEW FEE SCHEDULES FOR THE EL SEGUNDO POLICE DEPARTMENT TO RECOVER COSTS INCURRED FROM PROVIDING VARIOUS PUBLIC SERVICES. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve Resolution No. 4352 adopting new fee schedules for the El Segundo Police Department to recover costs incurred from providing various public services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 3 2. Consideration and possible action regarding receipt of a presentation by the Fire Department concerning criteria for patient transports and Robert F. Kennedy Hospital staffs overview of the hospital's program /customer service enhancements and actions to date. Norm Angelo, Fire Chief, gave a report. Larry Stahl, Chief Operating Officer, gave a brief presentation on operational and capital improvements for RFK. Dr. Keith McCarty, Emergency Room Medical Director, reported on his plan for emergency room services. Council consensus to receive and file report. Council recommendation to organize a joint hospital /community committee to help improve emergency room services. 3. Consideration and possible action regarding a petition by residents to close the driveway access from East Pine Avenue cul -de -sac to the Mariposa Village parking lot. ITEM NO. 3 PULLED FROM THE AGENDA AT THE REQUEST OF THE APPLICANT D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding a presentation by the Senior Housing Board 2004 Budget for the Park Vista Senior Citizen Housing Complex. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve 2004 Budget for Park Vista Senior Citizen Housing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 5. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2004. Council consensus to direct staff to open the recruitment process for the positions on the CCBs beginning January 2004. 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. Mark Hensley, City Attorney, read a correction into the record regarding item 14, correcting the dollar amount to $45,897.78. 6. Approved Warrant Numbers 2537648 to 2537901 on Register No. 5 in the total amount of $1,676,298.54 and Wire Transfers from 11/21/2003 through 12/5/2003 in the total amount of $302,670.10. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 4 7. Approved City Council Meeting Minutes of December 2, 2003. 8. Approved cancellation of the January 6, 2004 Council Meeting. Approved of a two -year extension and amendment of the Memorandum of Understanding (MOU) between the City of El Segundo and the Supervisory and Professional Employees Association. Adopted Resolution No. 4353 amending the current Memorandum of Understanding. 10. Approved five -year Memorandum of Understanding, Agreement No. 3288, between the City of El Segundo and the El Segundo Police Managers' Association. Adopted Resolution No. 4354 approving the Memorandum of Understanding. 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER MCDOWELL 12. Awarded Contract No. 3289 to Sequel Contractors, Inc. for Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard — Project No. PW 03 -17 — Approved Capital Improvement Program (Contract Amount $69,677.50). Authorized the City Manager to execute the contract on behalf of the City. 13. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 14. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 15. Adopted Resolution No. 4355 supporting the Coastal Corridor Transportation Initiative, including requesting $5.3 Million TEA 21 funds be reauthorized to begin implementation of the Initiative. (No fiscal impact). 16. Authorized the Mayor to execute Lease Agreement No. 3291 between the City and the El Segundo Boy Scout Association granting the Scouts access to land located at 325 Grand Avenue. Authorized staff to finalize plans for the proposed El Segundo Skate Park. 17. Approved waiver of fees for city services associated with the 12th Annual "Run for Education ". 18. Approved relocation of the Farmer's Market to the 400 block of Main Street beginning Thursday, January 8, 2004. MOVED by Council Member Gaines, SECONDED by McDowell to approve consent items 6, 7, 8, 9, 10, 12, 15, 16, 17 and 18. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. COUNCIL MMBER WERNICK NOT PARTICIPATING IN ITEM 7 BECAUSE SHE WAS ABSENT FROM THE MEETING. 11. Consideration and possible action regarding a Professional Services Agreement with Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for the City's self- insured Worker's Compensation Program. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 5 MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve a three -year Professional Services Agreement No. 3290, with an option to extend for two additional years, with Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for the City's self- insured Worker's Compensation Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 13. Consideration and possible action for appropriating $10,000 in grant funds from the California Department of Conservation. (Fiscal Impact $10,000) MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to authorize appropriating $10,000 in grant funds from the California Department of Conservation. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action regarding allocation of $45,897.78 from the Fiscal Year 2003 -2004 Facilities Maintenance Fund and approval of Change Order No. 1 in the same amount of $45,897.78 for the Roof Structure for Storage Bins at the Maintenance Facility (150 Illinois Street) — Approved Capital Improvement Program — Project No. PW 01 -21. (Fiscal Impact $45,897.78) MOVED by Council Member Wernick, SECONDED by Council Member McDowell to authorize an allocation of $45,897.78 from the Fiscal Year 2003 -2004 Facilities Maintenance Fund and approved Change Order No. 1 in the same amount of $45,897.78 for the Roof Structure for Storage Bins at the Maintenance Facility. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 19. Consideration and possible action regarding the one -time only exchange of unallocated, Community Development Block Grant (CDBG) funds totaling $97,095 with another CDBG participating city within the Los Angeles Urban County. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to authorize staff to proceed with identifying an interested participating city to begin negotiations for the exchange of unallocated CDBG funds totaling $97,095, establish an exchange rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another city. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 20. Consideration and possible action regarding approval of a Communications Products Agreement ( "CPA ") with Motorola, Inc. for $1,523,173.03 in asset forfeiture funds for the acquisition of the Federal Communications Commission license rights to two (2) UHF narrowband channels, its related equipment and services for the Police Department's Public Safety Communications Center. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to waive the formal bidding process per the Municipal Code; approve and authorize the City Manager to execute a CPA Agreement No. 3292 in a form approved by the City Attorney between the City and Motorola for the FCC license rights to two (2) UHF narrowband channels, its related equipment and services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 6 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS —CITY CLERK — Stated the nomination period for the April 13, 2004 Municipal Election was December 22, 2003 through January 16, 2004, to be extended to January 21, 2004 if qualified incumbent(s) did not file. Noted that the first City Council Meeting in January was cancelled and that the next scheduled City Council meeting would be January 20, 2004. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Wished community and staff Happy Holidays. Council Member Gaines — Reported on sub - committee on Grant Applications for Homeland Security and the opening of the Cooks Market. Requested the City Manager to report back on the flag policy for Main Street. Reported on the grand opening of "Clutters Park'. Council Member Wernick — Reported on LAX celebration of "Century of Flight' and the Community Christmas Dinner. Mayor Pro Tem Jacobs — NONE Mayor Gordon — 21. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. MOVED BY Council Member Gaines, SECONDED by Council Member Wernick to approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Grant a free business license for a non - profit organization (ESMC 4- 1-7); 4) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); 5) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); 6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; 7) Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1); 8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 7 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. Joe Brandin, resident, spoke regarding the size of the trees planted in Main Street bow -outs. Council directed City Manager to have Traffic Committee review the safety issues. MEMORIALS — NONE CLOSED SESSION - NONE ADJOURNMENT at 9:00 p.m. Cathy Dbmann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2003 PAGE NO. 8