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2004 MAR 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 16, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick Present Present Present — arrived at 5:05 p.m. Present — arrived at 5:05 p.m. Present 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 No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 Preston v. City of El Segundo WCAB No. MON 0292740 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): -3- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8):-4- matters. Real Property Negotiator: Mary Strenn, City Manager Potential purchase price for four (4) properties for the Douglas Street extension project: APN Nos.: 1. 4138 - 011 -019 2. 4138 -010 -010 3. 4138 -011 -006 4. 4138- 011 -036 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 1 SPECIAL MATTERS — None. Council moved into open session at 6:59 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 16, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION— Pastor Mark Koukl of Hope Chapel del Rey PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS — (a) Mayor ProTem Jacobs presented Commendations to Joe Harding, General Manager of the Hacienda Hotel; Marisa Vega, Sales Manager of the Hacienda Hotel; Donn Cottom of Sopp Chevrolet for running their 4t" LA Marathon while raising monies on behalf of Rotary International's effort to eradicate polio worldwide by the 2005; and commendation to Michael Herbach for running his 15` LA Marathon while raising monies on behalf of Rotary for the Children of the Dump in Tijuana Mexico. 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. Kitty Crowley, resident, spoke regarding article B -1 and a FPPC ruling. She stated that John Gaines should remove himself from discussion on the item if he has received any monies from the Thomas Properties Group. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 3 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 1. Consideration and possible action (Public Hearing) on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 632 Subdivision No. 03- 8 for a one -year extension of a previously approved Vesting Tentative Map No. 53570. The Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -EI Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Segundo (CAGES). Council Member Wernick left the dais due to a potential conflict regarding her spouse's employer (Federal Express). Council Member Gaines and the City Attorney stated they had received no written or verbal communication from the FPPC with respect to the issue raised by Kitty Crowley. Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 632 Subdivision No. 03 -8 for a one -year extension of a previously approved Vesting Tentative Map No. 53570. The Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -El Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Segundo (CAGES). City Clerk Mortesen stated that proper notice was completed and one written communication had been received in the City Clerk's Office. Jim Hanson, Community, Economic and Development Services Director, gave a report. Barbara S. Blinderman of Moskowitz, Brestoff, Winston & Blinderman LLP, attorney for the Appellant, stated the objections to the approval of the project. Dale Goldsmith, Attorney for the Applicant, gave a brief history of the project and the reasoning behind the extension of the project. Joe Brandin, resident, spoke regarding the pending litigation between Kilroy and Thomas Properties. Liz Garnholz, resident, spoke regarding CAGES and what it stands for (Citizens Against Gridlock in El Segundo). Peggy Tyrell, resident, stated CAGES members were volunteers. Council consensus to close the public hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO.4 Mark Hensley, City Attorney, clarified the letter that requested an extension of the Tract Map approval. The project was approved pursuant to an ordinance adopted by Council on January 2, 2002, but a referendum was filed and the entire project including the Tract Map was suspended until an election was held. Therefore the Tract Map did not received final approval until the referendum election was held June 18, 2002, and certified in July of 2002. Mark Hensley, City Attorney, read the following: RESOLUTION NO. 4368 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING ENVIRONMENTAL ASSESSMENT NO. 632 AND SUBDIVISION NO. 03 -8 FOR A FIRST EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 53570 FOR PROPERTY AT 700 -800 NORTH NASH STREET MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to adopt Resolution No. 4368 upholding the Planning Commission's decision, thereby approving Environmental Assesment No. 632 and Subdivision No. 03 -8 for a first extension of vesting Tentative Tract Map No. 53570 for property at 700 -800 North Nash Street. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. COUNCIL MEMBER WERNICK NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT REGARDING HER SPOUSE'S EMPLOYER. Council Member Wernick returned to the dais. C. UNFINISHED BUSINESS Consideration and possible action amending the El Segundo Municipal Code (ESMC) regarding uniform newsrack locations and newspaper placement. Mayor Pro Tern Jacobs left the dais due to a potential conflict regarding her real estate interests on Main Street. Jim Hansen, Director of Community, Economic and Development Services, gave a report. Mark Hensley, City Attorney, read the following: ORDINANCE NO. 1375 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 9-4 -160 AND ADDING SECTION 9-4 -165 TO THE EL SEGUNDO MUNICIPAL CODE TO REGULATE PLACEMENT OF NEWSPAPERS AT UNIFORM NEWSRACK LOCATIONS. Council Member McDowell introduced Ordinance No. 1375 Mayor Pro Tem Jacobs returned to the dais. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 5 3. Consideration and possible action to appoint members to the Water and Sewer Rate Task Force — Fiscal Impact: None. Mary Strenn, City Manager, gave a report. MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to (1) Approve the appointment of two (2) Council Members, Gaines and McDowell; Don Camph, El Segundo Employers Association; Joe Harding, Chamber of Commerce; El Segundo Residents Association, Eric Johnson; At Large, Bill Bue and Mike Rotolo; City Manager; Public Works Director; and the Director of Administrative Services to the Water and Sewer Rate Task Force. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. 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. 4. Approved Warrant Numbers 2539282 to 2539591 on Register No. 11 in the total amount of $1,481,405.99 and Wire Transfers from 2/20/2004 through 3/4/2004 in the total amount of $268,770.52. 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 March 3, 2004. 6. Approved the SPCA Contract No. 3312 for animal sheltering services and authorized the City Manager to execute. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 8. Accepted Los Angeles County Regional Grant for $80,000 and use the funds for the lighting and portable pieces at the El Segundo Skate Board Park. 9. Authorized the submission of a grant proposal to the Department of Homeland Security, USFA/Federal Emergency Management Agency (FEMA) under the Assistance to Firefighters Grant Program for $244,895. Authorized the Fire Chief and /or designee (Emergency Services Coordinator) to act as the authorized agent for the electronic grant submission. Fiscal Impact: $24,500 matching requirement in Fiscal Year 04/05. 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER MCDOWELL MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 6 11. Authorized the City Manager to execute Professional Services Agreement No. 3313 on behalf of the City with Hinderliter, De Llamas & Associates (HDL) for sales and use tax audit and information services. Adopted Resolution No. 3369 authorizing examination of sales & use tax records. 12. Approved request by Angeles Contractor to withdraw its Bid. Considered Bid from A.W.I. Builders, Inc. non - responsive. Awarded Contract No. 3314 to NSA Construction Group for construction work of the Residential Sound Insulation Program's Bid Group 4 (72 residences). Estimated construction cost and retention: $1,393,913. Authorized the City Manager to execute the contract in a form approved by the City Attorney. 13. Accepted the project for construction of the Downtown Specific Plan Improvements — Project No. PW 03 -03 approved Capital Improvement Program (Final contract amount: $ 3,538,676.51) as complete. Authorized the City Clerk to file the City Engineer's Notice of completion in the County Recorder's Office. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve Consent Agenda Numbers 4, 5, 6, 8, 9, 11, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MAYOR PRO TEM JACOBS NOT PARTICIPATING ON ITEM 13 DUE TO HER REAL ESTATE INTERESTS ON MAIN STREET. CALL ITEMS FROM CONSENT AGENDA 7. Consideration and possible action regarding award of contract for the El Segundo Skate Board Park located at 405 East Grand Avenue — Approved Capital Improvement Program — Project No. PW 04 -02 — (Contract amount = $400,395) MOVED by Council Member Wernick, SECONDED by Council Member McDowell to award Contract No. 3315 to the lowest responsible bidder, Channel Islands Paving, Inc for the El Segundo Skate Board Park located at 405 East Grand Avenue — Approved Capital Improvement Program — Project No. PW 04 -02, (Contract amount: $400,395). Authorized the City Manager to execute the construction contract on behalf of the City. Authorized (a) $46,000 for Optional Bid Items Nos. 1 and 2 and (b) $20,605 for construction contingencies. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 10. Consideration and possible action regarding executing an agreement with Civica Software for purchase and implementation of a content management system for the City W ebsite. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to authorize the City Manager to execute Agreement No.3316 with Civica Software for a Content Management System by "piggybacking" on the City of Montclair Request for Proposal (RFP) and subsequent award process. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. F. NEW BUSINESS — MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 7 Mayor Pro Tern Jacobs left the dais due to a potential conflict regarding her real estate interests on Main Street. 14. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine for a Bona Fide Public Eating Place) at a new restaurant, Good Stuff, located at 131 West Grand Avenue, EA No. 637 and AUP No. 04 -01. Applicant: Cris Bennett. MOVED by Council Member McDowell, SECONDED by Council Member Wernick not to protest the issuance of the new ABC license for the sale of beer and wine at Good Stuff Restaurant. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PROTEM JACOBS NOT PARTICIPATING DUR TO A POTENTIAL CONFLICT REGARDING HER REAL ESTATE INTERESTS ON MAIN STREET. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — Announced that the last day to register to vote in the upcoming April 13, 2004 Municipal Election was March 29 and that April 6 was the last day Absentee Ballot applications could be received in the City Clerk's Office. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding bus lines and potential closings and announced hearings that could be attended. He also requested, with Council concurrence, that staff look into the feasibility of expanding the downtown shuttle routes. Council Member Gaines — Announced a meeting of the CIP Advisory Committee and stated that the public should contact City Hall with any Capital Improvement projects they believe should be added to the list for consideration. Council Member Wernick — Announced a list of hearings on the City of Los Angeles integrated resources plan. She also spoke regarding a variance hearing that LAX is holding. Mayor Pro Tern Jacobs — Announced a public workshop on modernization of the Airport. Mayor Gordon — None MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 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. Angelica Roque of the Tree Musketeers requested the City Council to declare the California Sycamore the official City of El Segundo tree. Emma Duncan, resident, spoke regarding the soccer fields, injuries, and delay of construction of the new fields. Jan Crucikshank, resident, spoke regarding the soccer fields, and injuries and responsibility for those injuries. Also stated that she does not believe soccer field should be built east of Sepulveda. Joe Brandin, resident, spoke regarding the delay withThomas Properties project. Liz Garnholz, resident, spoke regarding the Airport Commission Meetings and the former Honeywell property. Peggy Tyrell, resident, spoke regarding the meetings held to decide the types of trees to be planted on Main Street She also expressed concern regarding the maintenance that Sycamore trees will need. Council consensus to agendize the Tree Musketeers request to declare the California Sycamore the official City of El Segundo tree. MEMORIALS — Carl Damicone, Howard Sharpe, and Cravens Douglass Hanson, Logan David Hanson, born February 25, 2004, received thoughts and prayers for a speedy recovery. CLOSED SESSION - NONE ADJOURNMENT at 8:38 p.m. �(/YitQ/VlM t� Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 16, 2004 PAGE NO. 9