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2004 FEB 17 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2004 — 5:00 P.M. 5:00 P.M. SESSION — Mayor Gordon at 5:00 p.m. CALL TO ORDER ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick CLOSED SESSION: Present Present — arrived at 5:05 p.m. Present — arrived at 5:05 p.m. Present Present 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)) — 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 17, 2004 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Rob McKenna of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Nancy Wemick PRESENTATIONS — (a) Council Member McDowell presented Commendations to the recipients of the 2003 Waste Reduction Awards Program (WRAP): Chevron, El Segundo Refinery, Northrop- Grumman Integrated Systems Sector and Raytheon Company, Space & Airborne Systems. (b) Mayor Pro Tern Jacobs presented a Proclamation to Mayor Carlos Ernesto Zatarain Gonzales of Sister City Guaymas, Sonora, Mexico reaffirming El Segundo's 42 -year commitment to foster the ideals of the Sister City Program. (c) Mayor Gordon presented a Proclamation recognizing the 20`h Anniversary of the El Segundo Educational Foundation and proclaiming February 2004 as El Segundo Educational Foundation Month. 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. Peggy Tyrell, resident, stated she was opposed to the Community Center Project. Kitty Crowley, resident, stated she was opposed to the Community Center Project. Juli Potter, resident, spoke against agenda item 4, Mattel Project, the Heritage Stone replacement, and agenda item 5, the Community Center Project. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 PAGE NO. 2 Jim Boulgarides, resident, spoke in favor of rebidding the Community Center Project. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Gaines, 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. Approved Warrant Numbers 2538749 to 2539008 on Register No. 9 in the total amount of $1,033,933.56 and Wire Transfers from 1/24/2004 through 2/5/2004 in the total amount of $386,841.15. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts of agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Approved City Council Meeting Minutes of February 3, 2004. 3. PULLED FOR DISCUSSION BY MAYOR GORDON. 4. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 5. PULLED FOR DISCUSSION BY MAYOR GORDON. 6. Approved the Construction and Maintenance Agreement No. 3301 between the City of El Segundo, Burlington Northern and Santa Fe Railway Company (BNSF) and the Los Angeles County Metropolitan Transportation Authority (MTA) for the Douglas Street Gap Closure Project — Approved Capital Improvement Program. (Estimated Cost $1,634,130) Authorized the City Manager to execute the agreement on behalf of the City. 7. Approved pipeline Easement No. 3302 to the Los Angeles County Metropolitan Transportation Authority (MTA) for the Green Line Station's fire protection service in conjunction with the Douglas Street Gap Closure Project— Approved Capital Improvement Program. (No fiscal impact) Authorized the City Manager to execute the easement grant on behalf of the City. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 PAGE NO. 3 8. Authorized the City Manager to execute a Memorandum of Agreement No. 3303 with the City of Los Angeles to perform a bacteria TMDL Implementation Plan Study. Reclassify $35,000 from Contractual Services within the Wastewater Division to the Storm Drain Division. (No Fiscal Impact) 9. Adopted plans and specifications for core drill for installation of Heritage Stones — Approved Capital Improvement Program — Project No. PW 04 -03. (Estimated Cost $43,000) Authorized staff to advertise the project for receipt of bids. 10. Adopted plans and specifications for the City Library Interior Meeting Rooms and Modifications — PW 03 -09 — Approved Capital Improvement Program. (Estimated Cost $321,000) Allocated $78,200 from Library Developer Fees and $68,950 from Library State Funds. Authorized staff to advertise the project for receipt of construction bids. 11. PULLED FOR DISCUSSION BY MAYOR GORDON. 12. Authorized the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498. Authorized the City Manager and /or City Managers designees to sign and submit the Hazard Mitigation Plan grant application, any assurances or certifications to the Governor's Office of Emergency Services. 13. Waived fees for city services needed for securing the El Segundo Little League and Girls Softball Opening Day parade. (Fiscal Impact $900.00) MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member Gaines to approve Consent Agenda Numbers 1, 2, 6, 7, 8, 9, 10, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MAYOR PRO TEM JACOBS NOT PARTICIPATING IN CONSENT AGENDA ITEM NO. 9 DUE TO HER BUSINESS INTEREST ON MAIN STREET. CALL ITEMS FROM CONSENT AGENDA 3. Consideration and possible action regarding the presentation of FY 2003 -2004 First Quarter Financial Review. Bret Plumlee, Director of Administrative Services, gave a report. Council consensus to receive and file the FY 2003 -2004 First Quarter Financial Review. 5. Consideration and possible action to reject all bids and authorize readvertisement of bid specifications for the Community Center Project. (Estimated Cost $6 million) Mary Strenn, City Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 PAGE NO. 4 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to reject all bids and authorize staff to make modifications to the construction documents and readvertise the project for receipt of construction bids. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSENT: NONE; NOT PARTICIPATING: NONE. 4/1 11. Consideration and possible action regarding the submission of a grant application to the to the Governor's Office of Emergency Services (OES) under the Hazard Mitigation Program to support construction of a new Fire Station #2 facility. Fiscal Inpact $683,059.00 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4367 identifying agents authorized to represent the City of El Segundo in the HGMP grant application, assurances, certifications, and agreements. Authorized the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498. Authorized the City Manager and /or City Manager's designees to sign and submit the HGMP grant application, any assurances or certifications to the Governors Office of Emergency Services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Gordon left the dais due to a potential conflict on Item No. 4 regarding his business location. 4. Consideration and possible action regarding adoption of an Ordinance 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 174,240 square foot research and development/office building at 1955 East Grand Avenue and to adopt a Zone Text Amendment to allow the proposed building at 455 Continental Boulevard to exceed the density limitations in the Corporate Office (CO Zone). Mark Hensley, City Attorney, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Ordinance 1373 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 174,240 square foot research and development/office building at 1955 East Grand Avenue and to adopt a Zone Text Amendment to allow the proposed building at 455 Continental Boulevard to exceed the density limitations in the Corporate Office (CO Zone). MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; NOT PARTICIPATING: MAYOR GORDON DUE TO HIS BUSINESS LOCATION. 3/1/1 Mayor Gordon returned to the dais. F. NEW BUSINESS - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 PAGE NO. 5 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — DEPUTY CITY CLERK — Noted that the next regular City Council Meeting would be held on Wednesday, March 3, 2004 as the State Primary Election would be on Tuesday. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — 14. Consideration and possible action to authorize a member of staff to attend the 2004 University of California Airport Noise and Air Quality Symposium from March 1 through March 4, 2004. (Fiscal Impact $1,700.00) MOVED by Council Member Gaines, SECONDED by Council Member McDowell to authorize one staff member to attend the 2004 Airport Noise and Air Quality Symposium. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Wernick — Reported on recent Hyperion problem that caused the recent increase in mosquitoes. Also reported on the LAX Advisory Committee. Requested that staff agendize for the March 3'd City Council Meeting, Council position on moving the south runway at LAX closer to El Segundo. Mayor Pro Tern Jacobs — Mayor Gordon — 15. Consideration and possible action regarding Council appointments to develop a Task Force for an Aquatic Master Plan for the City of El Segundo. (No Fiscal Impact) MOVED by Mayor Gordon, SECONDED to Council Member Gaines to appoint two Recreation and Parks Commissioners, Recreation and Parks Director, Aquatic Supervisor, and members of the community: Henry Stuart, Ron Swanson, Barbara Briney, Anne Marie Dagustino, Kelly and Shelly Kemp to a Task Force to work with staff to develop an Aquatic Master Plan for the City of El Segundo. Task Force to begin in March 2004 and present its report back to Council in November 2004. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 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. Anne Dagustino, resident, thanked Council for putting together the Aquatic Task Force. Joe Brandin, resident, spoke regarding the Community Center Project. Juli Potter, resident, spoke regarding Agenda Item 9, reinstallation of the Memorial Stones. Also spoke regarding the naming of the new Community Center. MEMORIALS — Robert Wynn, retired city employee, Joe Mann, resident, and Justin Kizirian. CELEBRATIONS — Birth of Nicolas Allen Burns, son of David Burns, the City's Emergency Services Coordinator, his wife Stephanie and big sister Megan. ADJOURNMENT AT 8:25 P.M. Cathy D mann Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2004 PAGE NO. 7