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2004 DEC 07 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (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. 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)) — 3 matters Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 City of El Segundo v. Stardust West Apartments, LASC No. YC031364 Bryan Ezell v. City of El Segundo, WCAB Case No. MON0302193 El Segundo v. Summerfield, LASC No. BC319035 El Segundo v. 2221 Park Place, LASC No. BC319034 El Segundo v. CTF2 (Hawaii St.), LASC No. BC319033 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): -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION— Pastor Roger Kinsey of Pacific Baptist Church PLEDGE OF ALLEGIANCE — El Segundo Boy Scout Troop 773 (Flag Ceremony) PRESENTATIONS — (a) Mayor Pro Tern Gaines presented a Proclamation to El Se undo Boy Scout Troop 773, celebrating December 7, 2004 as Boy Scout Troop 773 50t Anniversary Day in El Segundo. (b) Mayor Pro Tem Gaines presented a Proclamation inviting the community to all the traditional El Segundo holiday events and proclaiming Sunday, December 12, 2004 as the 41st Annual El Segundo Holiday Parade. (c) Council Member Boulgarides presented a Proclamation to Michael Barendse, Marymount College, recognizing the contribution of the Volunteer Center, South Bay- Harbor -Long Beach and proclaiming December 9, 2004 as Volunteer Center Operation Teddy Bear Day in El Segundo, a program which promotes literacy. (d) Council Member Jacobson presented a Proclamation to the Brunnenkants Family, on behalf of Candy Cane Lane, in keeping with an annual holiday tradition in El Segundo, to symbolically change the name of the 1200 block of Acacia to Candy Cane Lane in order to create a snow - covered Holiday Village for the period of December 11, 2004 at 7:00 pm through December 23, 2004. (e) Mayor McDowell presented a Commendation presented to Joe Pinchuk, El Segundo Police Department's RSVP of the Year for his invaluable contributions to the Retired Senior Volunteer Program. (f) Council Member Busch presented Commendations to Committee, Commissions and Board Members, Patricia Ann Hart for her service on the El Segundo Community Cable Advisory Committee, and to Brian Schiltz, for his service on the Capital Improvement Program Advisory Committee (CIPAC) and Planning Commission. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 3 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. Gail Church, Tree Musketeers, spoke regarding Item 17, an agreement with Los Angeles Street Tree Division of landscaping maintenance and improvements on the City's borders. (a) Consideration and possible action regarding a brief presentation on the Los Angeles Air Force Base Economic Impact Assessment report recently released by the Los Angeles County Economic Development Corporation. Gregory Freeman, Los Angeles County Economic Development Corporation, presented a brief presentation. Council consensus to receive and file the report and presentation. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides 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 C. UNFINISHED BUSINESS Consideration and possible action regarding rent increases for the Park Vista Senior Housing Facility, located at 615 E. Holly Avenue and refinancing of the loan repayment agreement between the City of El Segundo and the El Segundo Senior Citizen Housing Corporation ( "Corporation "). (Fiscal Impact: approximately $27,000 annually for the next four years to be funded by a loan from the Equipment Replacement Fund to the General Fund) Mary Strenn, City Manager, gave a report. Carol Wingate, Paula Rotolo and Peter Freedman, Park Vista Board, spoke in favor of the proposed increases. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 4 Council consensus to add the following provisions: Council at any given year could use general fund money instead of equipment replacement funds, Council or Board to determine each year if increases are necessary, and eliminate the floor on increase and tie to Social Security Increase minus .25% Medicare offset. MOVED by Council Member Jacobson, SECONDED by Council Member Busch, to authorize the City Manager to execute Amendment No. B to loan Agreement No. 1937 between the City of El Segundo and Corporation to reduce the interest rate from 8% to 4.75% and extend the remaining term to a total of 3.75 years; Authorize an increase in the rents, as determined necessary by Council or Board, for current Park Vista tenants by 5% commencing on February 1, 2005, 5% commencing on January 1, 2006, 5% commencing on January 1, 2007, 4.25% commencing January 1, 2008 and annually thereafter based upon an index tied to Social Security increases, allowing for the offset of Medicare increases of .25 %; Authorize Council in any given year to use General Fund Money or City Equipment replacement funds to offset the reduction in debt service payments from Park Vista Senior Housing Corporation and stabilizing the rent increases over the next four years; Authorize repayment of Equipment Replacement fund once the first loan between the City and the Senior Housing Corporation is paid off; Authorize the property management company to eliminate the earthquake insurance policy for the Park Vista Senior Housing Facility; Authorize charging new Park Vista tenants on or after February 1, 2005, 45% of the fair market rental value, based on a market analysis conducted by the management company. The management company will conduct a survey and analysis annually to set new tenants rates. Thereafter those tenants will have their rents adjusted 5% in 2006, 2007 and 4.25% in 2008. Starting in 2009, rents will be adjusted pursuant to item no. 1 above, according to the Social Security index, less a .25% offset for future Medicare cost increases and to include the above mentioned provisions. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Jacobson left the dais due to a potential conflict in real property. 2. Consideration and possible action regarding an agreement between the University of California -Irvine (UCI) Urban and Regional Planning Program and the City to conduct a study of the Smoky Hollow Specific Plan area. (Fiscal Impact: None) Mary Strenn, City Manager, gave a report. Michael Ruane, University of California at Irvine, presented a brief report MOVED by Mayor McDowell, SECONDED by Council Member Boulgarides to execute Agreement No. 3420, approved as approved to form by the City Attorney, with the University of California - Irvine (UCI) Urban and Regional Planning Program and the City to conduct a study of the Smoky Hollow Specific Plan area. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. Council Member Jacobson returned to the dais. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 5 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 2544331 to 2544716 on Register No. 4 in the total amount of $1,481,234.76 and Wire Transfers from 11/05/2004 through 11/24/2004 in the total amount of $1,135,406.87. 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 Special Meeting Minutes of November 11, 2004, Special Meeting Minutes of November 16, 2004 and Regular Meeting Minutes of November 16, 2004. 5. Approved Resolution No. 4407 allowing a pre -tax employee payroll deduction plan for service credit purchases, such as additional retirement service credit, military service, and Peace Corps /AmeriCorps under Revenue Code (IRC) Section 414(h)(2). 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 9. Waived fees for City services associated with the Candy Cane Lane Holiday Program located on 1200 E. Acacia Street. (Fiscal Impact: $500) 10. Awarded a three year contract to TruGreen LandCare for the City's landscape maintenance services effective January 1, 2005. (Fiscal Impact: $158,340). Authorized the City Manager to execute Agreement No. 3421 for services subject to approval by the City Attorney. 11. Awarded three year Contract No. 3422 to Consolidated Disposal Service for the City's green waste hauling and recycling services. (Fiscal Impact: $15,500) Authorized the City Manager to execute the contract on behalf of the City. 12. Terminated Advanced Fuel Filtration Systems, Inc.'s Contract No. 3325 to perform emergency repairs for the City's underground fuel storage system at 150 Illinois Street and award a takeover Contract No. 3423 to Advanced Environmental Services, Inc. (Fiscal impact: $9,645.00) Authorized the City Manager to sign the takeover contract on behalf of the City. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve Consent Agenda Numbers 3, 4, 5, 9, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 6 Consideration and possible action Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the formal bidding process on the purchase of radio equipment for the El Segundo Police Department. The total cost is approximately $35,086.00 using monies awarded through the State Homeland Security Grant Program (SHSGP) under the SHSGP FY 2004 Federal Budget Year. Authorize the spending of up to $35,086. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to waive the formal bidding process on the purchase of radio equipment for the El Segundo Police Department. The total cost is approximately $35,086.00 using monies awarded through the State Homeland Security Grant Program (SHSGP) under the SHSGP FY 2004 Federal Budget Year. Authorize the spending of up to $35,086. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Consideration and possible action to approve the Easement Agreement No. 3424 between the Los Angeles County Metropolitan Transportation Authority (MTA) and the City of El Segundo for construction of the Douglas Street Project within MTA property — Approved Capital Improvement Project. (No Fiscal Impact). Authorize the City Manager to execute the agreement on behalf of the City. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines, to approve the Easement Agreement No. 3424 between the Los Angeles County Metropolitan Transportation Authority (MTA) and the City of El Segundo for construction of the Douglas Street Project within MTA property — Approve Capital Improvement Project. (No Fiscal Impact). Authorize the City Manager to execute the agreement on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8. Consideration and possible action to approve a Covenant Restricting Use of Property for equipment purposes with respect to the expansion of floor area at a building at 2260 East El Segundo Boulevard as previously permitted by the Planning Commission. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides, to approve Covenant No. 3425 Restricting Use of Property for equipment purposes with respect to the expansion of floor area at a building at 2260 East El Segundo Boulevard as previously permitted by the Planning Commission. Authorize the City Manager to execute. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 13. Consideration and possible action regarding adding additional signage on Franklin Avenue indicating that the cross traffic on Richmond Street does not stop at the intersection. Seimone Jurjis, Director of Planning and Building Safety, gave a report MOVED by Council Member Boulgarides, SECONDED Mayor Pro Tern Gaines to add a four -way sign at the intersection of Franklin and Richmond Street, to include northbound and southbound traffic and authorize staff to return with an amending Resolution. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 7 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — Announced Council voted unanimously 5/0 in closed session to approve Settlement Agreement No. 3426 between the City of El Segundo and Richmond Retail, LLC. REPORTS — CITY CLERK 14. Consideration and possible action requesting Council consensus to cancel the January 4, 2005 City Council Meeting. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to cancel the January 4, 2005 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 15. Consideration and possible action to request staff to study the feasibility of changing the current street sweeping program to accommodate an "alternating side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted. Council consensus to direct staff to evaluate the feasibility of changing the current street sweeping schedule to reflect an "alternating side" sweeping schedule. Council Member Busch — 16. Consideration and possible action regarding announcement of an agreement between the Tree Musketeers and the Los Angeles Street Tree Division for the landscaping maintenance and improvements on the City's borders. Council consensus to receive and file report. Council Member Jacobson — Reminded Community of the upcoming Holiday Parade, December 12, 2004. Mayor Pro Tern Gaines — Spoke regarding the Assembly swearing in ceremony for former Mayor Mike Gordon. Also spoke regarding the upcoming PUC approval of the El Segundo Power Plant application. Reported on the Urban Area Security Initiatives grant award announcements and requested staff investigate moving El Segundo up on the UAI list. 17. Consideration and possible action regarding a new appointment to the Golf Course Subcommittee. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 8 MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to appoint John Van Hook to the Golf Subcommittee replacing Bill Bue to represent the El Segundo's Men's Golf Club. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell — 18. Consideration and possible action regarding the Approval of Amended Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes with the Independent Cities Risk Management Authority ( ICRMA). (Fiscal Impact: None) MOVED by Mayor McDowell, SECONDED by Mayor Pro Tern Gaines, to adopt Resolution No. 4408 amending the Joint Exercise of Powers Agreement 2697 for Insurance and Risk Management with the ICRMA; Designate its representatives to the ICRMA Governing Board and the separate Risk Management Programs in which this City participates; Direct that a certified copy of the Resolution be forwarded to ICRMA's General Manager. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell reported on the recent decision of the Los Angeles City Council to approve the LAX Master Plan and noted that the County Supervisors voted against the Master Plan. 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. Conrad Liberty, resident, representing the Master Swim Program, requested Council reassess eliminating evening and Saturday Master Swim sessions. Dave Joanti, resident, spoke against eliminating the evening and Saturday Master Swim sessions. Ann Marie D'Agostino Aquatics Task Force, spoke requesting better communications between the Recreation and Parks Commission and the Aquatics Task Force. MEMORIALS — NONE CLOSED SESSION - NONE ADJOURNMENT at 8:40 p.m. (' M DCVYn 1AMM 9n. Cathy Do nn, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 9