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2003 MAR 18 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Jacobs at 5:00 p.m. ROLL CALL CLOSED SESSION: Mayor Gordon - Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present - arrived at 5:05 P.M. Present Present Present - arrived at 5:05 P.M. Present The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg.) for the purposes of conferring with the City's Real Property Negotiator; and %r 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. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASC BC288292 3. 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): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — One 1 Matter Agency Negotiator: Mary Strenn, City Manager for negotiations with City Employees Association, Supervisory and unrepresented City employees. SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Mark Koukl of Hope Chapel del Rey PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member Wernick presented a Commendation to Boy Scout Michael Grove of Troop #773, on attaining the rank of Eagle Scout. 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. Daniel Ehrler, Executive Director of the Chamber of Commerce, spoke regarding agenda item 21. He stated that the Chamber Board voted to support this ordinance. Joe Brandin, resident, spoke regarding agenda item 1. Council requested he speak regarding this item during the public hearing. Robert Donanan, American Heart Association, spoke regarding agenda item 21 and supported the adoption of the ordinance. William Averrill, MD Cardiologist, spoke as a board member of the American Heart Association. He supported the adoption of the Ordinance on tobacco retailer licensing. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 2 Jerry Preston, Cooks Family Market, supported the adoption of the Ordinance on tobacco retailer licensing. He stated that Cooks policy is to card anyone who looks under 29 years of age. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Wernick, SECONDED by Council Member Gaines 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 1. Consideration and possible action (Public Hearing) regarding the approval of the proposed conceptual design, environmental review, and conditional use permit for the new Community Center. (Environmental Assessment No. 590, Conditional Use Permit No. 02 -02). Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding the approval of the proposed conceptual design, environmental review, and conditional use permit for the new Community Center. (Environmental Assessment No. 590, Conditional Use Permit No. 02 -02). 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. Seimone Jurjis, Building & Project Manager, gave a report. Joe Brandin, resident, spoke against the project and requested Council to delay any decisions. Richard Arabian, resident, spoke against the project and the amount of money being spent on the project and the necessity for the building. Linda Pollard, resident, spoke about traffic and parking concerns. Paulette Claudell, resident, expressed concerns about traffic and parking. She also expressed concerns with vehicles and RV's using the park for long- term parking. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 3 Sylvia Wilkenson, resident, expressed concerns about an environmental report. Peggy Tyrrell, resident, spoke regarding maintaining the look of the existing building. She requested that more effort be made to conform to the original red brick. Julie Potter, resident, expressed concern with the posting and publication of the notice of public hearing. Liz Garnholz, resident, addressed item 16 on the consent agenda. She also stated she prefers the building be remodeled, not replaced. Chris Porrie, resident, spoke in support of the project and recommended some alternatives in the theater area. Council consensus to close the public hearing. Council Member Wernick expressed concerns regarding parking and traffic. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4298 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM THE CITY OF EL SEGUNDO APPROVING ENVIRONMENTAL ASSESSMENT NO. 590 AND CONDITIONAL USE PERMIT NO. 02 -02 FOR A NEW 20,837 SQUARE FOOT COMMUNITY CENTER LOCATED IN RECREATION PARK AT 300 EAST PINE AVENUE. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to adopt Resolution No. 4298 approving Environment Assessment No. 590 and Conditional Use Permit No. 02 -02 for a new 20,837 square foot community center located in Recreation Park at 300 east Pine Avenue, approve the conceptual design for the Community Center Project, authorize staff to develop construction documents and specifications, allow staff to make minor interior design alterations as necessary and approve Change Order No. 2 in the amount of $101,000. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES; MAYOR GORDON, COUNCIL MEMEBERS JACOBS, GAINES, & MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 4 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the proposed Recreation Park Master Plan. Seimone Jurgis, Building & Project Manager, gave a report. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4299 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 609 TO ADOPT THE RECREATION PARK MASTER PLAN. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4299 approving Environmental Assessment No. 609 to adopt the Recreation Park Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, JACOBS, MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 2531931 to 2532219 on Register No. 11 in the total amount of $1,252,129.28 and Wire Transfers from 2/22/2003 through 3/7/2003 in the total amount of $322,490.45. Authorized staff to release. Ratified Payroll and Employee Benefil checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved City Council Meeting Minutes of March 4, 2003. 5. Accepted two volunteers from Bellas Artes Institute as interns to the El Segundo Community Cable, beginning April 1, 2003 until mid -June, 2003. 6. Approved annual funding of prior FY 2001 -2002 Fund Balance Reservations, Designations and Continuing Appropriations in the FY 2002 -2003 budget. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 5 7. Approved acceptance by the Library Director of a grant for $2,000 from the Arroyo Seco Library Network (ASLN). The grant funds are designated for library technology enhancements and will be used to upgrade internet equipment for public use that has become outdated. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. Approved a third amendment to Agreement No. 2831 between the City and U.S. Landscape, Inc. to provide landscape maintenance services on city -owned property adjacent to The Lakes Golf Course. (Fiscal Impact $3,600 for FY 2002/2003). 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Awarded Contract No. 3134 to Berkeley Engineering Company for elimination of Sanitary Sewer Pump Station No. 12 located at the north side of Oak Avenue (address is 117 West Oak Avenue) — Approved Capital Improvement Program — Project No. PW 03 -02 (Contract Cost $313,500). Authorized the City Manager to execute the construction contract on behalf of the City. Authorized $65,000 for construction management and construction contingencies. 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 13. Adopted plans and specifications for installation of roof structures over the Maintenance Facility bins — Approved Capital Improvement Program — Project No. PW 01 -21 (Fiscal Impact $160,000). Authorized staff to advertise the project for receipt of construction bids. 14. Approved reimbursement Agreement No. 3135 between the City of El Segundo and Shell Pipeline Company for pipeline relocation for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (Estimated Cost $500,000). Authorized the City Manager to execute the agreement on behalf of the City. 15. Authorized an additional $78,000 to the Los Angeles County Department of Public Works for right -of -way acquisition services for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (Estimated Cost $78,000). 16. Approved Contract No. 3136 on a single- source basis to Rogers & Associates to provide environmental outreach and educational program. (Fiscal Impact $40,000) Authorized the City Manager to execute the standard professional services agreements on behalf of the City for an amount not to exceed $40,000. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 6 17. Waived the formal bid process and approved Contract No. 3137 with Marcor Remediation, Inc., as single source vendor to mine, clean and repair the firearms range at a total cost not to exceed $15,000. Authorized the City Manager to execute. 18. Waived the formal bidding process and approved the purchase of five (5) fully equipped BMW motorcycles, radios and related motorcycle equipment (trickle chargers, covers, etc.) for the El Segundo Police Department traffic division. The purchase would piggyback on the existing California Highway Patrol Contract (No. 2340 - 008 - 1013 -6) awarded to A &S BMW located in Roseville, California. The amount shall not exceed $114,000 using COPS grant and equipment replacement funds. Authorized the City Manager to execute Professional Services Agreements for motorcycle service with one or more of the three (3) local BMW dealerships. Approved the auction sale of the current fee of Kawasaki motorcycles and place those funds back into the General Fund Account (001- 300 - 0000 - 3901). MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve consent agenda items 3, 4, 5, 6, 7, 9, 11, 13, 14, 15, 16, 17, and 18. 5/0. CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action to approve three resolutions authorizing application for grant funds to be used in the restoration and replacement of playground equipment at Recreation, Sycamore and Holly /Kansas parks (Fiscal Impact: $21,000 in matching funds) MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve: Resolution No. 4300 approving the City of El Segundo's application for grant funds from the Los Angeles County Regional Park and Open Space District Grant Program for installation of Americans with Disabilities Act (ADA) compliant playground equipment at Holly /Kansas Park; Resolution No. 4301 authorizing the City Manager, or designee, to apply for, receive and appropriate grant funds for the per parcel grant program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Resolution No. 4302 authorizing the City Manager, or designee, to apply for, receive and appropriate grant funds for the Robe rti- Z'Berg- Harris Urban Open Space and Recreation Program, under the Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES NOT PARTICIPATING MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 7 Council Member Gaines not participating due to the location of his home posing a potential conflict of interest. 10. Consideration and possible action regarding the approval of contract on a single- source basis with RBF consulting (RBF) to provide mitigation monitoring services for the operational impacts related to the Hyperion Waste Water Treatment Plant. Contract may be extended from year to year not to exceed three years. Total cost not to exceed $60,000 for fiscal year 2002 -2003. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Contract No. 3138 on a single- source basis with RBF Consulting (RBF) to provide mitigation monitoring services for the operational impacts related to the Hyperion Waste Water Treatment Plant. Contract may be extended from year to year not to exceed three (3) years. Total cost not to exceed $60,000 for fiscal year 2002 -2003. Authorized the Mayor to execute the agreement in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 12. Consideration and possible action regarding adoption of plans and specifications for Park Vista Exterior Painting (615 East Holly Avenue) — Project No. PW 03 -05 — Approved Park Vista Operating Budget — (estimated cost = $92,000). MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to approve plans and specifications for Park Vista Exterior Painting (615 East Holly Avenue) — Project No. PW 03 -05 — Approved Park Vista Operating Budget (Estimated Cost $92,000). Authorized staff to advertise the project for receipt of bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. F. NEW BUSINESS — 19. Consideration and possible action regarding refinancing options of the City of El Segundo's portion of the 1992 Association of Bay Area Governments (ABAG) Certificates of Participation. Bret Plumlee, Director of Administrative Services, gave a report. Council consensus to carry this item over to April 15, 2003. Staff to return with more information on the payoff from the General Fund or the Reserves. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 8 20. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 47 — Beer, Wine and Distilled Spirits) at a newly constructed restaurant, Romanos Macaroni Grill, located at 2321 Rosecrans Avenue, EA No. 605 and AUP No. 02 -03 (ABC 03 -01). Applicant: Brinker International, Inc. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to not protest the issuance of the new ABC license for the sale of beer, wine and distilled spirits at Romanos Macaroni Grill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the Jr. ROTC competition. Council Member Gaines — Spoke regarding the pending action in Iraq. Also spoke regarding the base closure meetings. Council Member Wernick — Reported on the Hyperion Citizens Committee meeting and the Airport Advisory Committee meeting. Mayor Pro Tern Jacobs — None Mayor Gordon — 21. Consideration and possible action of an Ordinance adding Chapter 613 to Title 5 of the El Segundo Municipal Code ( "ESMC ") regulating tobacco retailers within the City of El Segundo. Adoption would occur on April 1, 2003. Mark Hensley, City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 9 ORDINANCE NO. 1358 AN ORDINANCE ADDING CHAPTER 6B TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED "TOBACCO RETAILER LICENSE." Mayor Gordon introduced Ordinance No. 1358 22. Consideration and possible action to adopt a resolution in support of Zero Emission Vehicles (ZEV). Council Member Gaines not participating due to a conflict of interest concerning his employment. He removed himself from the dias. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4303 in support of zero emission vehicles. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES NOT PARTICIPTAING. 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 Council "listening" to the public's comments. Richard Arabian, resident, spoke regarding questions and answers from the public to the Council. He also spoke regarding removed trees being processed for fire wood for residents. He further stated that the ficus trees were not offered to citizens. Peggy Tyrell, resident, spoke regarding the dates of the meetings regarding the Community Center. ADJOURNMENT at 9:30 P.M. i cV 0i (C ) w, kp.-, Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO 10