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2004 FEB 03 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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 §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)) — 2 matters Bressi v. City of El Segundo, LASC No. BC288292 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 1. LAX DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS — None Council moved into open session at 6:59 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 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 — Members of Boy Scout Troops 267, 762 and 773 PRESENTATIONS — (a) Council Member McDowell announced the Red Cross has made an urgent plea for blood. (b) Introduction of Margie O'Tarpey by Mary Strenn, City Manager. Ms. O'Tarpey is currently the CEO, Local Government Managers Australia, New South Wales, which is part of the International Exchange Program of the League of California Cities, City Managers Department. (c) Mayor Gordon presented Certificates of Appreciation presented to the members of the El Segundo Skateboard Task Force for their commitment to the Skateboard Park project. (d) Mayor Gordon gave a Commendation to Jim & Jacks Auto Repair for their years of service to our community. 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. Liz Garnholz, resident, requested clarification of items on the agenda. Jim Boulgarides, resident, spoke regarding the skateboard park ordinance and stated he felt the protective equipment required should be extended to include wrist guards. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO.2 Barbra Briney, resident, urged Council to form an aquatics task force. Joe Brandon, resident, requested further information on certain agenda items. 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 Consideration and possible action (Public Hearing) regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). Mayor Gordon left the dais due to a potential conflict regarding his business location Mayor Pro Tern Jacobs stated this is the time and place hereto fixed for a public hearing regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). Partners, LLC. City Clerk Mortesen stated that proper notice was completed and two written communications have been received in the City Clerk's Office and that Council has been copied on both of them. Jim Hanson, Director of Community, Economic and Development Services, gave a report. Michael Hyde, resident, spoke in favor of the Mattel project. Dan Erhler, Chamber of Commerce Director, spoke in favor of the Mattel project. Andrew Bankie, Double Tree Hotel Manager, spoke in favor of the Mattel project. Marie Whalon, Mattel employee and resident, spoke in favor of the Mattel project. Bill Kreger, Past President of the Chamber of Commerce, spoke in favor of the Mattel project. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 3 Liz West, Past President of the Chamber of Commerce, spoke in favor of the Mattel project. Ryan Herzog, resident, spoke in favor of the Mattel project. Leslie Williams, resident, spoke in favor of the Mattel project Liz Garnholtz, resident, stated she opposed the approval of an amendment to the Development Agreement. MOVED by Council Member Gaines, SECONDED. By Council Member McDowell to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT REGARDING HIS BUSINESS LOCATION. City Attorney Mark Hensley read the following: RESOLUTION NO. 4361 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 559, SUBMITTED BY MATTEL INCORPORTED, FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION AND CORPORATE OFFICE (C -O) ZONE FOR 455 CONTINENTAL BOULEVARD AND 1955 EAST GRAND AVENUE. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4361 to certify a subsequent Environmental Impact Report of Environmental Impacts for Environmental Assessment No. 559, submitted by Mattel Incorporated, for an Amendment to the General Plan Designation and Corporate Office (C -O) Zone for 455 Continental Boulevard, with modifications to the Resolutions omitting Items IV.F. and G. from Exhibit A to the Resolution. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. City Attorney Mark Hensley read the following: ORDINANCE NO. 1373 AN ORDINANCE REGARDING AN APPLICATION FROM MATTEL INC. APPROVING DEVELOPMENT AGREEMENT NO. 01 -3 AND ZONE TEXT AMENDMENT NO. 03 -2, AMENDING SECTION 15 -5D -7F OF THE EL SEGUNDO MUNICIPAL CODE TO INCREASE THE DENSITY FOR PROPERTY AT 455 CONTINENTAL BOULEVARD IN THE CORPORATE OFFICE ZONE. Council Member Gaines introduced the Ordinance with the modifications to page 3 of the Ordinance deleting sections 3.A.7 and 8 and to Exhibit A Section 2.7 deleting the last sentence, and deleting sections 2.7.1, 2.7.2, 2.7.3, and moving 2.7.4 to become the last sentence in 2.7. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2064 PAGE NO. 4 Mayor Gordon returned to the dais. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. Mayor Pro Tem Jacobs left the dais due to a potential conflict regarding her business location. City Manager, Mary Strenn gave a report. Council directed staff to investigate the feasibility of revisions to the Newsrack Ordinance in order to accommodate local newspapers. MOVED by Council Member Gaines SECONDED by Council Member McDowell to approve Resolution No. 4362 establishing Uniform Newsrack Locations. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, GAINES, MCDOWELL; NOES: WERNICK; NOT PARTICIPATING JACOBS. 3/1 Mayor Pro Tem Jacobs returned to the dais. Consideration and possible action regarding adoption of plans and specifications for the El Segundo Skateboard Park located at 405 Grand Avenue — Approved Capital Improvement Program. (Estimated Cost $433,693.60) MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt plans and specifications for ht El Segundo Skateboard Park located at 405 Grand Avenue and authorized staff to advertise the project for receipt of construction bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action to reappoint Sandra Jacobs, Mayor Pro Tem, to a new four -year term as Trustee on the Los Angeles County West Vector Control District. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 5 MOVED by Mayor Gordon, SECONDED by Council Member Gaines to reappoint Sandra Jacobs to a new four -year term as a Trustee on the Los Angeles County West Vector Control District Board of Trustees. Directed the City Clerk to send a letter to the District's Executive Director confirming the appointment date and vote of the City Council. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, JACOBS, GAINES, MCDOWELL; NOES: WERNICK. 411 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. 5. Approved Warrant Numbers 2538476 to 2538748 on Register No. 8 in the total amount of $1,446,872.99 and Wire Transfers from 1/9/2004 through 1/23/2004 in the total amount of $1,130,037.65. 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. 6. Approved City Council Meeting Minutes of January 20, 2004. 7. Provided for the first reading of Ordinance No. 1374 and adopted Resolution No. 4363 of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System and the El Segundo City Council providing 4th level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. 8. Adopted Resolution No. 4364 providing for the delegation of authority from the City Manager to the Director of Administrative Services in the City of El Segundo Disability Retirement Procedures for members of the El Segundo Police Association, El Segundo Firefighters Association and the El Segundo Police Managers Association. 9. Approved the revised class specifications to the qualifications sections of the Fire Captain, Battalion Chief and Battalion Chief - Administration class specifications. 10. Adopted Ordinance No. 1371 amending the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14 -2 -7 to revise the Subdivision Regulations to add provisions to allow a stay of an approved tentative map while litigation is pending on a project. Applicant: TPG -EI Segundo Partners, LLC. 11. Approved Change Order No. 1 in the amount of $9,174.05; Accepted the Work as complete for the traffic signal and intersection improvements for Sepulveda Boulevard at Grand Avenue and El Segundo Boulevard — Project No. PW 02 -15 (Final Contract Amount $285,134.05); Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 6 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to approve Consent Agenda Numbers 5, 6, 7, 8, 9, 10 and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. COUNCIL MEMBER GAINES NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 6 BECAUSE HE WAS ABSENT FROM THE MEETING. COUNCIL MEMBER WERNICK NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 10 DUE TO THE LOCATION OF HER SPOUSE'S EMPLOYER. MAYOR GORDON NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 11 DUE TO THE LOCATION OF HIS BUSINESS. 12. Consideration and possible action regarding second reading of Ordinance No. 1372 adding Chapter 4 to Title 10 of El Segundo Municipal Code entitled "Skateboard Parks" granting the City specific immunity from liability associated with the operation of a skateboard park. Council consensus to direct the Recreation and Parks Commission to review the approved safety equipment with the possibility of adding wrist guards. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding adoption of local goals and policies for the creation of Community Facilities Districts (CFD's) pursuant to the Mello -Roos Community Facilities Act of 1982. Mark Hensley, City Attorney, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4365 establishing Local Goals and Policies for Mello -Roos Community Facilities Districts. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action to appoint a Water and Sewer Rates Task Force with a task to review and recommend action on a study being prepared by AKM Consulting Engineers on the need to increase rates to fully support operation, maintenance and capital costs of the City sewer and water utilities. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to appoint a Water and Sewer Rates Task Force consisting of two members of Council, one member of the El Segundo Residents Association (ESRA), one member of the Chamber of Commerce, one member of the El Segundo Employers Association (ESEA), one at large resident, the City Manager, the Director of Administrative Services and the Public Works Director, to review the proposed rates including the related capital needs and financial information and recommend appropriate rate increases to meet the operational and capital needs of the utilities. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO.7 G. REPORTS — CITY MANAGER — Introduced Kimberly Christensen the new Planning Director. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Announced his selection as Chair of a seminar on Public Safety Communications Facilities. Council Member Gaines — 15. Consideration and possible action to adopt a resolution urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4366 urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Wernick — Reported on Hyperion Tour. Anyone interested in participating in the Tour to contact Semione Jurgis in Building Safety. Mayor Pro Tem Jacobs — Spoke on recent discussions at SBCOG on traffic studies. Mayor Gordon — Reported on allocations for the Coastal Corridor. Also noted that the Douglas Street Underpass Project has received another grant from the Federal Government to further reduce the amount being spent on construction by the City. 16. Consideration and possible action regarding an extension of the agreement between the City and the MWW Group for services related to the Los Angeles International Airport (LAX) Master Plan. MOVED by Mayor Gordon, SECONDED by Council Member McDowell, to extend Agreement No. 3255 with MWW Group to April 20, 2004 for services related to the Los Angeles International Airport (LAX) Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; GORDON, JACOBS, GAINES AND MCDOWELL; NOES: WERNICK. 4/1 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 8 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 Loretta Frye, Resident; spoke regarding the existing sign code and stated that is not being enforced. Mr. Hoops, Resident; Requested Council to re- establish the bus stop at Grand and Richmond Streets, and the replace a bus bench at Holly and Main Streets. Jim Bolgarides, Resident; spoke regarding political signs. He also spoke regarding the lack of bathroom facilities at El Segundo Beach. Mayor Gordon suggested that this item be sent to the Recreation and Parks Commission for their input and direction. MEMORIALS — NONE CLOSED SESSION- NONE ADJOURNMENT at 10:00 p.m. Cindy M. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 9