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2004 OCT 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 5, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL 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: Mayor McDowell Mayor Pro Tenn Gaines Council Member Boulgarides Council Member Busch Council Member Jacobson Present Present - Present Present arrived at 5:02 p.m. 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)) — 3 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 City of El Segundo v. Stardust West Apartments, LASC No. YC031364 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters Represented Group: City Employees Association Labor Negotiators: Mary Strenn & Bruce Barsook Represented Group: Police Support Services Labor Negotiators: Mary Strenn & Bruce Barsook CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS (anticipated to commence at approximately 6:25 p.m.) Interview of Candidates for the Planning Commission, Community Cable Advisory Committee, and a resident representative to the Economic Development Advisory Council and appointments for such positions. (Conducted in the West Conference Room). MOVED by Mayor McDowell, SECONDED by Mayor Pro Tern Gaines to postpone appointments to the November 3, 2004 meeting order to obtain a larger pool of applicants. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council recessed at 6:30 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 5, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — City Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE — Mayor Pro Tern John Gaines PRESENTATIONS — (a) Mayor Pro Tern Gaines presented Commendations to the El Segundo Babe Ruth 13 -15 Year Old 2004 World Series Finalist Baseball Team, and all participants (Managers, Coaches, and Sponsors) of the El Segundo Babe Ruth League for an outstanding 2004 Session. (b) Council Member Boulgarides presented a Proclamation encouraging the El Segundo community to observe Fire Prevention Week, October 3 through October 9, 2004, by practicing fire prevention and fire safety year -round and heeding the message, "Check Your Smoke Detectors ". 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. Dan Erhler, Chamber of Commerce, requested Council to support item 14, and announced that they had more Heritage Stones to place. Marcia Marion, representing the City Employees Association, thanked Council Member Boulgarides for placing the item on the agenda to have a Council representative at negotiations. Yvette Simoneau, employee, supported Council representation. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 3 Robin Nahin, Negotiator for the CEA, urged Council to approve of a Council Member(s) sitting in during negotiation. Mayor McDowell announced that Mr. Erhler has accepted another position and will be leaving the Chamber. He stated Arlys Wyant will be filling in on an interim basis. Presentation of Cable's new traffic program by Dan O'Toole, Community Cable Program Manager. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson 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 to receive the status report on the Douglas Street Gap Closure /Railroad Grade Separation Project. (Estimated cost - $21,827,000). There will be a brief presentation. Council consensus to receive and file report on the Douglas Street Gap Closure /Railroad Grade Separation Project. 2. Consideration and possible action regarding the recommendation of the City Council Golf Subcommittee to terminate the Management and Concession agreements with American Golf Corporation (AGC), LLC for the management of the Lakes Golf Course and authorize the City Manager to enter into an agreement with a new interim management company to operate the Golf Course and direct staff to go back out for Request for Proposals, for management of the Lakes Golf Course. (Fiscal Impact — none) Mark Hensley, City Attorney, gave a report. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to terminate the Golf Course management and Concession agreements with AGC, LLC, including executing termination Agreement No. 3398 with AGC, LLC, authorize the City Manager to enter into an interim Agreement No. 3399 with Mesa Verde Partners, and direct staff to go back out for new request for proposals for the operation of the Lakes Golf Course. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Item brought forward from later in the agenda. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 4 17. Consideration and possible action regarding reconstituting the Golf Course Sub - committee. (Fiscal Impact — none) MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Jacobson to authorize the reappointment of Bill Bue and a member of the Recreation and Parks Commission to the Golf Sub - Committee and add a resident from the Lakes Women's Golf Club to the Sub - committee, along with Council Members Gaines and Jacobson. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the announcement of an appointment of a candidate to the Planning Commission, Community Cable Advisory Committee, and a resident representative to the Economic Development Advisory Council; and extension of the term of the expired position on the Community Cable Advisory Committee, if no appointment made. Mayor McDowell announced that appointments to the Planning Commission, Community Cable Advisory Commission and the Economic Development Advisory Commission will be postponed to a later date to enable more applications to be received. MOVED by Council Member Busch, SECONDED by Council Member Boulgarides to extend the existing term on the Cable Advisory Committee until filled. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 4. Consideration and possible action regarding the Senior Housing Board's recommendations regarding rent increases at the Park Vista Senior Housing complex (615 East Holly Avenue) and refinancing of the Loan Repayment Agreement between the City of El Segundo and the El Segundo Senior Citizen Housing Corporation ($102,320 over 47 months). Senior Housing Board Members Carol Wingate and Paula Rotolo gave a report. Mayor McDowell recommended a rent increase in phases, a tiered system of rent based on income, increase rents to new tenants immediately, and phase in existing, index rent increases with the yearly increase to Social Security, and request the City Attorney to investigate new loan options. Council Member Boulgarides asked if the units could be converted to low- income condominiums for seniors, and stated that the normal maintenance appears not to have been done. MOVED by Mayor McDowell, SECONDED by Council Member Jacobson to appoint an ad -hoc sub - committee of Council Member Busch, Council Member Jacobson, City Attorney Mark Hensley and a representative of the management company to investigate the proposals and suggestions form a final proposal. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 5 MOVED by Mayor McDowell, SECONDED by Council Member Jacobson, to amend the motion to state a standing committee and to add a sub committee of the Senior Housing Board. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 2543176 to 2543454 on Register No. 24 in the total amount of $1,972,176.77 and Wire Transfers from 9/9/2004 through 9/23/2004 in the total amount of $1,220,582.31. 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 Regular Meeting Minutes of September 21, 2004 and Special Meeting Minutes of September 28, 2004. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 11. Approved the examination plans for the Personnel Merit System Job Classifications of Building Inspector 1 /11, Office Specialist II, Senior Administrative Analyst and City Engineer. 12. Adopted Resolution No. 4397 establishing a salary range for the new job classifications of Director of Planning and Building Safety, Director of Economic Development, Senior Civil Engineer Associate, Accountant, and Office Specialist II (Human Resources). (Fiscal Impact $15,200 included in the FY 2004 -2005 Adopted Budget). 13. Declared vehicles, equipment and miscellaneous supplies identified in staff report as surplus and authorized the Risk Manager /Purchasing Agent to sell items at auction. 14. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 15. PULLED FROM CONSENT AGENDA BY CITY MANAGER STRENN MOVED by Council Member Jacobson, SECONDED by Council Member Busch to approve Consent Agenda Numbers 5, 6, 11, 12, and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. COUNCIL MEMBER JACOBSON NOT PARTICPATING IN ITEM 14 DUE TO A POTENTIAL CONFLICT REGARDING THE LOCATION OF HIS EMPLOYER. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 6 7. Consideration and possible action regarding a request by the Vietnam Veterans of America to place a sign on the public right -of -way adjacent to Sepulveda Boulevard bearing the designation "Los Angeles County Vietnam Veterans Memorial Highway ". MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve request by the Vietnam Veterans of America to place a sign on the public right -of -way adjacent to Sepulveda Boulevard bearing the designation "Los Angeles County Vietnam Veterans Memorial Highway ". MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8. Consideration and possible action regarding a status report on the Los Angeles Air Force Base Modernization Project and the efforts of the Los Angeles Air Force Base Regional Alliance to prevent closure of the facility. (Fiscal Impact — none) MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to receive and file status report on the Los Angeles Air Force Base Modernization Project and the efforts of the Los Angeles Air Force Base Regional Alliance to prevent closure of the facility. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Consideration and possible action regarding approval of an Agreement to implement the Community Development Block Grant (CDBG) Home Delivered Meals Project between the City of El Segundo and St. Vincent's Meals on Wheels, for an amount not to exceed $20,000 (plus client donations). Contract period: October 11, 2004 through September 30, 2007. (Fiscal Impact - $20,000) MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to approve Agreement No. 3400 to implement the Community Development Block Grant (CDBG) Home Delivered Meals Project between the City of El Segundo and St. Vincent's Meals on Wheels, for an amount not to exceed $20,000 (plus client donations). Contract period: October 11, 2004 through September 30, 2007. (Fiscal Impact - $20,000) Authorized the City Manager to execute the agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 10. Consideration and possible action amending the El Segundo Municipal Code (ESMC) regarding the elimination of the Community, Economic and Development Services Department and Community, Economic and Development Services Director position and the establishment of the Planning and Building Safety Department, the Economic Development Department and the At -Will positions of Director of Planning and Building Safety and the Director of Economic Development. MOVED by Council Member Boulgarides SECONDED by Council Member Busch to Adopt Ordinance No. 1378 amending the El Segundo Municipal Code (ESMC) regarding the elimination of the Community, Economic and Development Services Department and Community, Economic and Development Services Director position and the establishment of the Planning and Building Safety Department, the Economic Development Department and the At -Will positions of Director of Planning and Building Safety and the Director of Economic Development. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 7 14. Consideration and possible action for the acceptance of the project for core drilling the sidewalks for the installation of the Heritage Stones along Main Street and Grand Avenue and continuation of the Heritage Stone program — Approved Capital Improvement Project — Project No. PW 04 -03. (Final contract cost: $44,430). MOVED by Council Member Boulgarides SECONDED by Council Member Busch to accept Change Order No. 1 in the amount of $618.00. Accept the work as complete for the project for core drilling the sidewalks for the installation of the Heritage Stones along Main Street and Grand Avenue and continuation of the Heritage Stone program — Approved Capital Improvement Project — Project No. PW 04 -03. (Final contract cost: $44,430). Authorized the City Clerk to file the City Engineers Notice of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1 COUNCIL MEMBER JACOBSON NOT PARTICPATING IN ITEM 14 DUE TO A POTENTIAL CONFLICT REGARDING THE LOCATION OF HIS EMPLOYER. F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — Announced important dates for the upcoming November 2, 2004 election. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides 16. Consideration and possible action to consider allowing direct participation by a member or members of the City Council in the City's labor negotiations with the El Segundo City Employees Association. City Attorney Mark Hensley stated that the City Employees Association must agree to the Council Member(s) present. MOVED by Council Member Boulgarides to allow observation by a member or members of the City Council in the City's labor negotiations with the El Segundo City Employees Association. MOTION FAILED DUE TO A LACK OF A SECOND. Council Member Busch — NONE Council Member Jacobson — Reported on the League of California Cities Annual Convention Mayor Pro Tern Gaines — MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 8 17. Consideration and possible action regarding reconstituting the Golf Course Sub - committee. (Fiscal Impact — none) ITEM 17 DISCUSSED EARLIER IN THE MEETING Reported on the CBS showing of "48 Hours' which documented the solving of the murder of two El Segundo Police Officers. Spoke regarding the closure of RFK. Mayor McDowell — 18. Consideration and possible action regarding a proposal to initiate the process to revise the General Plan and Zoning designations of the Dynegy /NRG power plant property at 301 Vista Del Mar. (Fiscal Impact — none) Council consensus to direct staff to return with a time and budget estimate on the process to revise the General Plan and Zoning designations for the Dynegy /NRG power plant property at 301 Vista Del Mar. Also reported that the Governor had vetoed AB 2702. Noted Fall Clean Up week October 18 -22. 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. Dan Erhler, Chamber of Commerce, thanked Council for their support for the stepping stone project and reminded Council and the public of the Richmond Street Fair. Dorothy Klozar, Park Vista resident, thanked the City Council and the City Manager for attending the Park Vista Resident Birthday. She also commented on the proposed rent increases. MEMORIALS — Carleen Tanaka. ADJOURNMENT at 9:20 p.m. i MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2004 PAGE NO. 9