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2004 DEC 21 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell ROLL CALL Mayor McDowell - Present Mayor Pro Tem 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 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)) — 0 matter 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter 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 21, 2004 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell INVOCATION — Fr. Jim Anguiano of St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Jacobson presented a Proclamation inviting the residents of El Segundo to warmly welcome the members of the El Segundo Rotary Club as they judge the 2004 Lighting Up the Community program and proclaiming December, 2004 the month for Lighting Up the Community. (b) Council Member Busch presented a Commendation to the sponsors, supporters and volunteers for their unselfish community service in keeping the hometown holiday tradition alive in El Segundo by organizing the El Segundo Community Christmas Dinner to be held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks. (c) Council Member Boulgarides presented a Certificate of Commendation to Chevron Texaco El Segundo Refinery for its exemplary employees' 550 days and 3 million man -hours safety record. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - 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. Becky Gaines, resident, expressed a Happy Birthday to Mayor Pro Tern Gaines. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 2 John McCarty, resident, spoke regarding airport issues. Mike Robbins, resident, wished Seasons Greetings to Council and the community. Peggy Tyrell, resident, thanked the City for replacing the mail box in front of the Post Office. She also spoke on the condominium conversion project, and possible conflicts of interest. 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 Consideration and possible action (Public Hearing) regarding an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04- 02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue. Mayor McDowell stated this is the time and place hereto fixed for a public hearing an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue. City Clerk Mortesen stated that proper notice was completed and two items of written communication had been received in the City Clerk's Office. Seimone Jurjis, Planning and Building Safety Director, gave a report. Brian Crowley, resident, spoke regarding the variances and their individual criteria. He further spoke against the project. Mike Robbins, resident, spoke against the project. Jane Turino, property owner, spoke against the project and parking difficulties with the project. Dan Reeder, Wyle Laboratories, spoke against the project and parking difficulties with the project. Stated the Wyle employee parking lot was over used by residents. Ron Swanson, resident, spoke in favor of the project if the parking issues could be resolved. Eric Johnson, ESRA, spoke against the project. Albert Marco, applicant, expressed his desire to comply with all the requirements, upgrade the building, and bring it and the parking issues into compliance. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 3 MOVED by Council Member Jacobson, SECONDED by Council Member Gaines to continue the Public hearing to February 1, 2005. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action regarding the introduction and reading of an Ordinance to amend Section 6- 4 -6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) dogs. Mary Strenn, City Manager, gave a report. Karl Berger, Assistant City Attorney, read by title only: ORDINANCE NO. 1379 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE § 6- 4 -6(A) REGARDING FEES FOR KENNELS HOUSING MORE THAN TEN DOGS. Council Member Jacobson introduced the ordinance. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3, Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2005. Council consensus to direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2005. 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 2544717 to 2544962 on Register No. 5 in the total amount of $1,486,560.94 and Wire Transfers from 11/25/2004 through 12/09/2004 in the total amount Of $396,042.76. 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 December 7, 2004. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 4 Approved Professional Services Agreement No. 3430 between Moreland & Associates, Inc. and the City of El Segundo to provide temporary professional accounting services due to the elimination of the Assistant Finance Director position in the Accounting Division of the Administrative Services Department. (Fiscal Year: $30,000) Authorized the City Manager to execute. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 8. Adopted Resolution No. 4409 amending Section 5.40 of Resolution No. 4162 providing for two (2) additional stop signs to create a four -way stop intersection at Franklin Avenue and Richmond Street. Accepted the work as complete for the construction of the El Segundo Skateboard Park located at 405 East Grand Avenue — Approved Capital Improvement Project — Project No. PW 04 -02. (Final project cost: $388,895.00) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 10. Awarded Contract No. 3431 to the lowest responsible bidder, HH Construction, for replacement of playground equipment at the Holly- Kansas Park — Approved Capital Improvement Project— Project No. PW 04 -09. (Fiscal Impact: $81,300) Authorized the City Manager to execute the construction contract on behalf of the City. 11. Authorized the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the City. 12. Approved the Senior Park Maintenance Worker class specification; Approved the Examination Plan; Adopted Resolution No. 4410 establishing the basic monthly salary range. 13. Awarded the equipment lease purchase Agreement No. 3432 to AA Equipment Company, effective January 1, 2005 through March 1, 2009, in the amount of $25,986.26 annually over the next 4 years, for a total of $117,511; Authorized the City Manager to execute a lease purchase agreement for the landscape maintenance equipment at the Lakes Golf Course, subject to approval by City Attorney. 14. PULLED FOR DISCUSSION BY MAYOR PRO TEM GAINES MOVED by Council Member Busch, SECONDED by Council Member Jacobson to approve Consent Agenda items 4, 5, 6, 8, 9, 10, 11, 12, and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MAYOR PRO TEM GAINES NOT PARTICIPATING IN ITEM # 10 DUE TO THE LOCATION OF HIS RESIDENCE. COUNCIL MEMBER JACOBSON NOT PARTICIPATING IN ITEM #9 DUE TO THE LOCATION OF HIS EMPLOYER. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 5 7. Consideration and possible action regarding rejection of all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). MOTION by Council Member Busch, SECONDED by Council Member Jacobson to reject all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). Authorize staff to re- advertise a Notice Inviting Sealed Bids for construction services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action to authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of 3 -tier storage racks from Mr. Ron Swanson of S &S Hardware Company. MOVED by Council Member Gaines, SECONDED by Council Member Busch to authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of 3 -tier storage racks from Mr. Ron Swanson of S &S Hardware Company. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 15. Consideration and possible action regarding establishing appropriate levels of reserves within the Liability Insurance Fund based on an actuarial study performed by Jack Joyce of Bay Actuarial Consultants (BAC). Bret Plumlee, Administrative Services Director, gave a report. Council Member Gaines requested the list of items deferred and not funded be given to Council. MOVED by Council Member Busch, SECONDED by Council Member Jacobson, to establish a Liability Insurance Fund Reserve plus Incurred but Not Reported (IBNR) liability at a minimum undiscounted 70% confidence level and a target undiscounted 80% confidence level; Establish a minimum of $200,000 retained earnings in the Liability Insurance Fund; Review both the recommended confidence level and the minimum retained earnings levels annually during the budget process to determine if either level should be adjusted; Once the target level is reached, transfer additional retained earnings of $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 16. Consideration and possible action to approve Field Allocation Task Force's and the Recreation and Parks Commission's recommendation on a proposed El Segundo Athletic Field /Facility Use and Allocation Policy. (Fiscal Impact: None) Colleen Glynn -Rich, Recreation and Parks Commissioner and Chair of the sub - committee, presented a report on the sub - committee process and decisions. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to approve the proposed Athletic Field /Facility Use and Allocation Policy as approved as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 6 17. Consideration and possible action to adopt a resolution of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). Jeff Stewart, Assistant City Manager, gave a report. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tem Gaines to adopt Resolution No. 4411 of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Season's Greetings H. REPORTS — CITY ATTORNEY — Karl Berger, Assistant City Attorney, announced the City Council voted unanimously in Closed Session tonight to authorize the City Attorney to initiate litigation against the City of Los Angeles, Los Angeles World Airports (aka the Department of Airports for the City of Los Angeles), the Los Angeles City Council, the Mayor of Los Angeles and the Board of Airport Commissioners, relating to the proposed expansion of Los Angeles International Airport. I. REPORTS — CITY CLERK — Reminded the Public of the cancellation of the January 4, 2005 regular Council Meeting. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Season's Greetings. Council Member Busch — Season's Greetings. Council Member Jacobson — Season's Greetings. Mayor Pro Tern Gaines — Commented on the wonderful parade, and traveling Santa. Season's Greetings. Mayor McDowell — 18. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 7 MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Jacobson to approve request by Mr. S. Claus for waiver of the permits required for doing business within the City of El Segundo as follows: Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; b) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); c) Grant a free business license for a non - profit organization (ESMC 4- 1-7); d) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); e) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); f) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; g) Waiver of the Ordinance on Animal Regulations (ESMC 6 -2 -1); h) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell spoke regarding the litigation filed against the Airport. 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 Brandon, resident, spoke regarding stop signs at Franklin and Richmond Street. He also spoke about blind cross walks within the City, especially the cross walk in front of City Hall. MEMORIALS — Pat Rotolo, father of Mike and Paula Rotolo, Clifford Meyer, Police Officer, Hazel Mortesen, Mother of Tim and Susan Mortesen (Shima). sent to the family of Nicholas Burns. CLOSED SESSION - None ADJOURNMENT at 8:35 p.m. Cindy Mort sen, City Clerk 6 year, El Segundo Thoughts and hope MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 8