Loading...
2003 JULY 15 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 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 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)) — 2 matters. Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 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. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters 1. 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) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 15, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Jacobs at 7:00 p.m. INVOCATION — Pastor Rich Reid of El Segundo Christian Church PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — NONE ROLL CALL Mayor Gordon - Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present — Arrived at 7:50 p.m. Present Present Present 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. 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. 410 MAYOR GORDON ABSENT B. SPECIAL ORDERS OF BUSINESS — ITEM NO. 1 POSTPONED TO LATER IN THE MEETING C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the approval of the Hyperion Monitoring Agreement (HMA) between the City of El Segundo and the City of Los Angeles regarding operation of the Hyperion Treatment Plant (HTP). MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO 2 Mary Strenn, City Manager, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve the Hyperion Monitoring Agreement No. 3202 (HMA) between the City to El Segundo and the City of Los Angeles regarding operation of the Hyperion Treatment Plant (HTP) and authorized the Mayor to execute on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON ABSENT 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. 3. Approved Warrant Numbers 2534507 to 2534793 on Register No. 19 in the total amount of $1,343,723.97 and Wire Transfers from 6/21/2003 through 7/3/2003 in the total amount of $316,532.10. 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. 4. Approved City Council Meeting Minutes of July 1, 2003 and Special Meeting Minutes of July 7, 2003. 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 6. Accepted the work as complete for the Installation of an ADA Elevator at City Hall (350 Main Street) — Approved Capital Improvement Program — Project No. PW 02 -18 — CDBG Project No. 600069 -01 — (Contract Amount $224,655.37). Approved Change Order No. 1 in the amount of $28,221.37. Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 7. Approved a $50,000 amendment to an existing Professional Services Agreement (Contract No. 3178) for contract planning services for the Department of Community, Economic Development Services with Willdan. Authorized the Mayor to execute the agreement. 8. CONTINUED TO FUTURE COUNCIL AGENDA - Consideration and possible action to waive the formal bidding process on the purchase of 15 Data 911 M5 Mobile Data Computer systems (MDC) for the El Segundo Police Department. The total cost is approximately $116,000 using grant funds. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve consent items 3, 4, 6 and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON ABSENT. COUNCIL MEMBER GAINES ABSTAINING ON CONSENT ITEM 4. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO. 3 5. Consideration and possible action regarding the acceptance of the FY 2003 -2004 Estimated Revenue and Appropriation Assumptions. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to accept the FY 2003 -2004 Estimated Revenue and Appropriation Assumptions. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON ABSENT F. NEW BUSINESS — NONE 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 on recent ICMA meeting and State recall effort. Council Member Gaines — Spoke regarding the 4th of July celebrations and the honoring of the returning veterans. Council Member Wernick — Congratulated staff on outstanding 4th of July celebration. Reported on recent Airport meeting, State budget and Strategic Planning Meeting. Mayor Pro Tern Jacobs — Reported on upcoming League of California Cities and State budget. Also spoke on South Bay COG, community and School District partnerships. 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 campaign expenditure filings and fund raising. Alan West, resident, spoke in favor of the downtown revitalization. Juli Potter, resident, spoke regarding the downtown revitalization. Asked who is responsible for liability on sidewalks and tables. Council recessed at 7:29 p.m. Council reconvened at 7:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO 4 ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present B. SPECIAL ORDERS OF BUSINESS 1. Public hearing for consideration and possible certification of an Environmental Impact Statement/Environmental Impact Report (EIS /EIR) for the Los Angeles Air Force Base (LAAFB) Land Conveyance, Construction, and Development Project. (Environmental Assessment No. 577) and consideration of LAFCO Application and Reorganization Agreement. Mayor Gordon stated this is the time and place hereto fixed for a public hearing to consider certification of an Environmental Impact Statement/Environmental Impact Report (EIS /EIR) for the Los Angeles Air Force Base (LAAFB) Land Conveyance, Construction, and Development Project (Environmental Assessment No. 577) and consideration of LAFCO Application and Reorganization Agreement. 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 three written communications had been received by the City Clerk's Office. Jim Hansen, Director of Community, Economic and Development Services gave a report. The SAMS Venture, LLC and the Air Force gave a presentation. Mark Hensley, City Attorney, gave an explanation of the LAFCO Resolution, the reorganization process and the Reorganization Agreement. He also read the following changes into the record: Resolution No. 4315: A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO REQUEST ' "'r' AUTHORIZING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. Resolution No. 4315: Page 3, paragraph 7, add authorized and requested to last line. Reorganization Agreement No. 3203: Page 3, L 1. add Hawthorne Resolution No. 03 -6817 and El Segundo Resolution No. 4314. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO. 5 Page 6, b. should read "If the Developer -USAF Agreement is not fully executed by April 15, 2004, or is fully executed by such date but is subsequently terminated..." Page 6, (i) should read "Hawthorne and the Agency actually receive..." Exhibit C, page 1, title should read "A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF HAWTHORNE REQUECT! AUTHORIZING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY" Exhibit C, page 3, paragraph 4, line 3 should read "Quality Act, the City Council of El Segundo, acting as the Lead Agency, has certified an environmental impact report... Exhibit C, page 3 after paragraph 4, add the following paragraph: WHEREAS The City Council of Hawthorne, acting as a responsible agency, reviewed and considered the EIR prepared and certified by El Segundo, exercised its own independent judgment thereo, adopted the findings set forth in City of Hawthorne Resolution No. 6817, (attached as Exhibit C "). Exhibit C, page 3, paragraph 5, line 2 should read "attached hereto as Exhibit "D'; "Hawthorne and El Segundo entered into such agreement." Exhibit C, page 4, line land 2 should read "as Exhibit "D" on or before July 19, 2003, and El Segundo has adopted a resolution in the form attached hereto as Exhibit "E" on or before July 19, 2003; Exhibit D, page 1, title should read "A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO REQUEST! AUTHORIZING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY" Joe Brandin, resident, spoke regarding the LAFCO process and the possibility of non- residential development. Lilly Craig, resident, and on behalf of Chevron, spoke in support of the project. Polly Branch, Residence Inn and Marriott Hotels, spoke in support of the project. Chad Cerrito, resident and Manager of Marriott Hotels, spoke in support of the project. George Wiley, former El Segundo resident, spoke in support of the project. Dan Ehler, Executive Director of the El Segundo Chamber of Commerce, spoke in support of the project. Alan West, resident, spoke in support of the project. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO. 6 Steven Rutleg, Hawthorne resident, spoke against the project and proposed density. Jan Cruickshank, resident, spoke regarding the project and lack of circulation element study. Juli Potter, resident, spoke against the project. Kyle Orlamond, Holly Glen resident, spoke in support of keeping the Air Force Base in El Segundo but did not support the current proposal. Mike Wysake, Holly Glen resident, spoke in support of the project. Richard Arabian, resident, spoke in support of keeping the Air Force Base in the South Bay but did not support the current proposal. Tom King, Holly Glen resident, spoke against the project. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4314 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT SCH NO. 2002071106, AND TO ADOPT FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4314 Certifying Environmental Impact Statement/Environmental Impact Report SCH No. 2002071106, and to adopt Findings, Statement of Overriding Considerations, and Mitigation Monitoring Report pursuant to the California Environmental Quality Act. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS MCDOWELL AND GAINES; NOES: COUNCIL MEMBER WERNICK. 4/1 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4315 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO 7 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4315 requesting the Local Agency Formation Commission to initiate proceedings for the Reorganization of Territory. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS MCDOWELL AND GAINES; NOES: COUNCIL MEMBER WERNICK. 4/1 Council gave direction to staff that if LAFCO did not approve the contingency clauses, the Resolution would come back to Council for amendment. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve Reorganization Agreement No. 3203 with the City of Hawthorne, the Hawthorne Redevelopment Agency and SAMS Venture LLC. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS MCDOWELL AND GAINES; NOES: COUNCIL MEMBER WERNICK. 4/1 MEMORIALS – In memory of Walcott Ames, grandfather of Becki Ames, Chief of Staff for Assemblyman George Nakano and Susan Quinn, resident and City employee. CELEBRATIONS – Announce the birth of Adian Joseph Curran, son of Gavin Curran, Assistant Finance Director, and his wife Anna and Melanie Tran, daughter of Billy and Ana Tran, owners of Queen Nails. CLOSED SESSION - NONE ADJOURNMENT at 10:00 p.m. Cathy Dom nn MAIM— Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 15, 2003 PAGE NO. 8