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2003 NOV 18 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present Present Present — Arrived at 5:05 p.m. Present Present 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)) — 4 matters 1. Salisbury vs. City of El Segundo, WCAB No. MON 0275079 2. Nessel vs. City of El Segundo, WCAB No. VNO 0424127 3. Bressi v. City of El Segundo, LASC No. BC288292 4. 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: Supervisory and Professional Employees Association 2. Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Police Management Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — 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 NOVEMBER 18, 2003 PAGE NO 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member McDowell presented a Proclamation to Chamber President Mark Day, declaring the 40th Annual El Segundo Holiday Parade on Main Street on Sunday, December 7, 2003 from 1:00 pm to 3:00 pm and announcing Barbie as the Grand Marshall of the Parade. (b) Mayor Pro Tern Jacobs presented a Commendation to Dick Wyckoff, El Segundo Police Department's RSVP of the Year, for his invaluable contributions to the Retired Senior Volunteer Program. (c) Council Member Gaines presented a Commendation to Honeywell for the opportunity given to the El Segundo Firefighters and surrounding fire agencies to use its property to perform training exercises involving simulated firefighting and urban search and rescue operations; and, commendation to Golden Hills for its assistance to the El Segundo Firefighters and surrounding fire agencies in the training exercises on the Honeywell property involving simulated firefighting and urban search and rescue operations. 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. Kitty Crowley, resident, requested clarification on agenda item 6, the Community Center Project. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO 2 Liz Garnholz, resident, requested clarification on agenda item 3, the LAIF Resolution, item 4, the Parking In -Lieu Fee Program, item 5, the Parking Permit Fee, item 6, the Community Center Project, item 7, the LPA Contract and new business item 11, rehabilitation of El Segundo Blvd. Juli Potter, resident, requested clarification on agenda item 5, the Parking Permit Fee, and item 2 Council Minutes of November 5, 2003. 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 McDowell 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 - NONE C. UNFINISHED BUSINESS - NONE 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. Mark Hensley, City Attorney, read the following correction into the record with regard to the City Council Meeting Minutes of November 5, 2003: Item 20, Change Order No. 1 for $218,650 to Sequel Contractor's Inc., for construction of the Downtown Specific Plan Improvements, motion passed by a 3/1/1 vote, with Council Member Wernick voting No and Mayor Pro Tern Jacobs not participating due to a potential conflict regarding her business interests on Main Street. Approved Warrant Numbers 2537080 to 2537350 on Register No. 3 in the total amount of $2,148,515.69 and Wire Transfers from 10/25/2003 through 11/06/2003 in the total amount of $366,637.66. 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. 2. Approved City Council Meeting Minutes of November 5, 2003. 3. Adopted Resolution No. 4345, reaffirming designated City Officials having authority to deposit and withdraw money from the Local Agency Investment Fund (LAIF). 4. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT. 5. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 3 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 8. Authorized the El Segundo Fire Department to accept the donation of used exercise equipment from San Antonio College to the Fire Department. Fiscal Impact: None 9. Adopted Resolution No. 4346 accordance with ESMC Section 8 -8 -7 (D)(2) to waive fees for city services associated with the Holiday Main Street Parade. (Fiscal Impact $3,000). MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve consent items 1, 2, 3, 8 and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA Mayor Pro Tern Jacobs left the dais due to a potential conflict of interest on Item 4 and Item 5, regarding her business interests at 150 Main Street. 4. Consideration and possible action regarding an amendment to the Downtown Specific Plan to establish a Parking In -Lieu Fee Program. Jim Hansen, Director of Community, Economic and Development Services, responded to questions. Council directed staff to return at the next meeting with a revised Resolution setting the Parking In- Lieu Fees at $12,500 per space for the first six months upon passage of the Resolution, and at $17,500 per space thereafter. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1368 AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN ADDING A PARKING IN -LIEU FEE PROGRAM (SPECIFIC PLAN AMENDMENT NO. 03 -3) MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Ordinance No. 1368 amending the downtown specific plan adding a parking in lieu -fee program. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; NOT PARTICIPATING: MAYOR PRO TEM JACOBS. 3/1/1. 5. Consideration and possible action regarding establishing a new parking permit fee to add Article E to Chapter 8 -5 of the El Segundo Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO.4 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1369 AN ORDINANCE ADDING ARTICLE E TO CHAPTER 8 -5, ENTITLED "PARKING PERMITS" TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW PREFERENTIAL PARKING IN IDENTIFIED AREAS WITHIN THE CITY'S JURISDICTION MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Ordinance No. 1369 amending the Downtown Specific Plan adding a Parking in Lieu -Fee Program. MOTION PASSED BY UNANIMOUS VOTE: 4/0/1. MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. 6. Consideration and possible action regarding the adoption of plans and specifications for the Community Center Project. (Estimated construction cost $6,000,000). MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt plans and specifications for the Community Center Project. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. MAYOR PRO TEM JACOBS ABSENT FROM DAIS. 3/1. Mayor Pro Tern Jacobs returned to the dais. 7. Consideration and possible action regarding the extension of contract with LPA, Inc. for an additional 24 months for work related to the Community Center and approve change order of $11,500. (No additional appropriations required). MOVED by Council Member McDowell, SECONDED by Council member Gaines to approve the extension (Amendment Number One) of Contract No. 2910 with LPA, Inc. for an additional 24 months for work related to the Community Center and approve change order of $11,500. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. F. NEW BUSINESS Mayor Pro Tern Jacobs left the dais due to a potential conflict on item 10 with respect to her interest in a business located at 150 Main Street. 10. Consideration and possible action regarding an amendment to the El Segundo Municipal Code regarding newsracks. Jim Hansen, Community, Economic and Development Services, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO 5 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1370 AN ORDINANCE AMENDING CHAPTER 9 -4 OF THE EL SEGUNDO MUNICIPAL CODE, REGULATING NEWSRACKS, IN ITS ENTIRETY Council Member Gaines introduced the ordinance. 11. Consideration and possible action to adopt plans and specifications for the rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard. (Estimated cost $95,000). Mary Strenn, City Manager, gave a report. MOVED by Council Member Gaines, SECONDED by Mayor Pro Tern Jacobs to adopt plans and specifications for the rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard and authorized staff to advertise the project for receipt of construction bids. (Estimated cost $95,000). Authorized an allocation of $95,000 from unexpended Gas Tax funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 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 — Wished everyone a happy and healthy Thanksgiving. Council Member Gaines — NONE Council Member Wernick — Announced her appointment as LAX Master Plan Committee Chairperson. Also reported on the upcoming Jet Set Go Conference and the AQMD Draft Environmental Impact Statement. Mayor Pro Tern Jacobs — NONE Mayor Gordon — Announced partnership with other communities in the BRAC process. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 6 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. Liz Garnholz, resident, spoke regarding her unanswered questions related to the agenda items noted in the first public communications. Gerise Fisher, Cooks Market, announced the grand opening of the market on Wednesday December 3, 2003 and Open House on December 4, 2003 from 5 -8 p.m. MEMORIALS — Kimberly Grant, daughter of Geraldine and Richard Sabala, Mother to Mychael and Bridget. CELEBRATIONS — The birth of Kaden Aaron Jurjis to Seimone Jurjis, City's Building Manager, and his wife Mylene. CLOSED SESSION - NONE ADJOURNMENT at 8:00 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO.7