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2003 SEP 02 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 2, 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 — Arrived at 5:03 p.m. Mayor ProTem Jacobs - Present Council Member Gaines - Absent Council Member McDowell- Present Council Member Wernick - Present NEW BUSINESS 1. Appointment of Labor Negotiator. Recommend action is to appoint the City Manager, Mary Strenn, as the City's Labor Negotiator for the Police Management Association. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to appoint the City Manager, Mary Strenn, as the City's Labor Negotiator for the Police Management Association. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. MAYOR GORDON AND COUNCIL MEMBER GAINES ABSENT. 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. Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 Korach v. City of El Segundo, WCAB Case No. 0088645 Elliott v. City of El Segundo, WCAB Case No. 0276182 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. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 3 matters 1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Supervisory and Professional Employees Association Labor Negotiator: Mary Strenn Bargaining Unit: Police Management Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 2, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Fr. David Bowser of St. Michael, the Archangel Episcopal Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — (a) Mayor Pro Tern Jacobs presented a Proclamation proclaiming September 20, 2003 as the 2003 "American Heart Walk LA South" day in El Segundo and inviting the public to participate in this 5K walk at Mattel Headquarters in El Segundo, to raise money to save lives through research and community education. (b) Observance of a "Moment of Silence" in remembrance of the events of September 11, 2001. 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. Liz Garnholz, resident, requested information on Consent Agenda Number 6 and number 8. John McCarty, resident, spoke regarding the proposed LAX Master Plan Alternative D and MagLev Lines. Anne Marie D'Agostino, resident, spoke regarding the funding for Urho Sarri Swim Stadium, and stated the support of the aquatic community for the vision of the Council for the Aquatic Plan. Julie Potter, resident, spoke regarding the presentation by Shute, Mihaly & Weinberger. She also requested information on items 6, 7, 8 and 12. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 3 Marion Fine, resident, thanked the Council and City Staff for their help and cooperation in dealing with a recent problem. 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. 4/0. COUNCIL MEMBER GAINES ABSENT. B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) regarding the FY 2003 -2004 Preliminary Budget and Five -Year Capital Improvement Plan. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the FY 2003 -2004 Preliminary Budget and Five -Year Capital Improvements Plan. 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. Liz Garnholz, resident, requested information on the maintenance budget for the swim stadium. MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to continue the public hearing to September 16, 2003 regular meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. UNFINISHED BUSINESS 2. Consideration and possible action on a presentation by the MWW Group, Shute, Mihaly & Weinberger and Urban Dimensions on work related to the City's efforts regarding the Los Angeles International Airport (LAX) Master Plan. Clem Shute, Shute Mihaly & Weinberger, Denny Zane, Urban Dimensions, and Harvey Englander, MWW Group, gave presentations. Council consensus to receive and file. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the setting of a date and time for interviewing candidates to the various Committees, Commissions and Boards. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 4 Council consensus to set interviews of candidates to the Planning Commission, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Capital Improvement Program Advisory Committee (CIPAC), Community Cable Advisory Committee and LAXMAC for 6:00 p.m., Wednesday, October 8, 2003. 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. 4. Approved warrant Numbers 2535497 to 2535768 on Register No. 22 in the total amount of $1,187,896.15 and Wire Transfers from 8/8/03 through 8/21/03 in the total amount of $1,073,439.22. 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. 5. Approved City Council Meeting Minutes of August 19, 2003. 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 7 Adopted Ordinance No. 1365 approving construction of 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. 8. PULLED FOR DISCUSSION BY COUNCL MEMBER WERNICK 9. PULLED FOR DISCUSSION BY MAYOR PROTEM JACOBS 10. Approved the annual renewal of the Library Department's blanket purchase orders for four vendors, Baker & Taylor Information Services, OCLC Inc., Ebsco Subscription Services, and Innovative Interfaces, Inc. (Fifth Amendment to Contract No. 2235) for FY 2003 -2004 for supplying library materials, online cataloging services and system maintenance. 11. Approved Contract No. 3228 with Gartner Inc. for consulting support to respond to a Request for Proposal issued by the City of Redondo Beach to provide dispatching services. Fiscal Impact not to exceed $30,000 in asset forfeiture funds. Authorized the City Manager to execute a contract in a form approved by the City Attorney. 12. Waived the formal bidding process and approved the purchase of 34 digital /analog portable UHF handheld portables, 17 VHF handheld portables, and 11 VHF mobile radios and equipment using funds from the FEMA Assistance to Firefighters Grant, MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 5 Equipment Replacement Funds and accrued Developers Fees. The total cost is approximately $195,000 using grant, equipment replacement and Fire Department funds in a 90 % -10% share. 13. Approved request by the El Segundo Police Officers and Firefighters Associations for City support to close Eucalyptus Avenue, from Grand to Holly, during the Pancake Breakfast honoring the victims of September 11, 2001 and waived any City fees. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve consent items 4, 5, 7, 10, 11, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. COUNCIL MEMBER MCDOWELL NOT PARTICIPATING ON ITEM NO. 8 DUE TO A POTENTIAL CONFLICT. CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action regarding rescinding Resolution No. 4268 pertaining to the current Conflict of Interest Code, and adopting Resolution No. 4324 approving a new Conflict of Interest Code. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to rescind Resolution No. 4268 pertaining to the current Conflict of Interest Code, and adopt Resolution No. 4324 approving a new Conflict of Interest Code. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 8. Consideration and possible action regarding adopting an ordinance to allow the City of Hawthorne to include Area A and B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the financing mechanisms for the LAAFB modernization project. MOVED by Mayor Gordon, SECONDED by Mayor ProTem Jacobs to adopt Ordinance No. 1366, allowing the City of Hawthorne to include Area A and B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the financing mechanisms for the LAAFB modernization 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 9. Approve deferring the annual Infrastructure Replacement transfer of $500,000 until the completion of the 2002 -2003 annual audit and suspend the transfer if necessary to balance the FY 2002 -2003 General Fund budget. MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to return to Council with this item after the completion of the 2002 -2003 annual audit before the decision to defer the transfer is made. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCIL MEMBERS MCDOWELL AND WERNICK; ABSENT: COUNCIL MEMBER GAINES. 4/0 MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 6 F. NEW BUSINESS — 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 — Thanked and commended staff regarding the work done on the Air Force Base funding project. Council Member Wernick — Reported on the Park Vista anniversary party. Requested a report on RFK. Agendize for the next meeting the possible appointment of a sub - committee to deal with the administrators of the Hospital. Requested a progress report from Public Works on the Main Street improvements. Mayor Pro Tern Jacobs — Reported on the American Heart Walk, September 20, 2003. Mayor Gordon — None 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. Marion Fine, resident, discussed the fence that is being constructed around the Hyperion. Dan Erhler, Chamber of Commerce, spoke regarding the Public Utilities Commission and the 310 area code split. Peggy Tyrrell, resident, spoke regarding the behavior of the Council. John McCarty, resident, spoke regarding consultants and LAX. Julie Potter, resident, spoke regarding procedures for formal bidding and consultants. Joe Brandin, resident, spoke regarding the decision - making process and ethics. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO 7 MEMORIALS — Richard Williams, long time Recreation and Parks employee, Mavis Austin, retired Recreation Supervisor, Jarlath Curran, Vladimire Ceti, and Ella Walsh, all parents of City Employees. CLOSED SESSION - NONE ADJOURNMENT at 8:55 p.m. C94a)h� +�j Cindy M esen, City Clerk MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 2, 2003 PAGE NO. 8