Loading...
2004 SEP 07 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 7, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present - arrived at 5:05 p.m. Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present — arrived at 5:05 p.m. City Attorney Mark Hensley announced he would not be participating in portions of the closed session discussions relating to the Flynn, Hafley, Pulido, Stardust and Douglas Street Land Condemnation cases due to a potential conflict of interest due to his prior affiliation with Burke, Williams and Sorensen. 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)) — 8 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 Emazeki v. City of El Segundo, LASC No. YC047980 Hafley v. City of El Segundo, LASC No. YC045092 Chen v. City of El Segundo, LASC No. YC049424 Pulido v. City of El Segundo, USDC No. USDC No. 03CV9563 In the Matter of the Noise Varian Proceeding for Los Angeles International Airport — California Department of Transportation Case No. L2004060244 City of El Segundo v. Stardust West Apartments, LASC No. YC031364 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 1 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) -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 — 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 7, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Reverend SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Mayor Pro Tern Gaines presented a Proclamation to Dave Ryan, Vice President and General Manager, Boeing Satellite Systems and Kimberly Krantz, Senior Site Leader for Communications, Boeing Satellite Systems, in commemoration of the events of September 11. 2001. (b) Council Member Busch presented a proclamation to Janet Miller Sheehan, Planning Commissioner, for her valued services rendered in the public interest as a Member of the Planning Commission. 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. Peggy Tyrell, El Segundo resident and in Del Aire home owner, spoke against item 11, the proposed Pacific Concourse Project. Arnice Stol, Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project. Anna Solice, Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 3 Barbara Banister, Board Member Tree Musketeers, spoke regarding upcoming "Rock the Earth" event. Denise Solice, resident and former Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project. Dan Erhler, Executive Director, El Segundo Chamber of Commerce, spoke in support of item 11, the proposed Pacific Concourse Project. Lilly Craig of Chevron and El Segundo resident and Friend of South Bay Youth Project, spoke in support of continued funding for the school counselor position. Lauren Peters, resident, spoke in support of the El Segundo Recreation and Parks Drama Program. Jody Martini, El Segundo Senior Club, spoke against the proposed Sunday closing of the Joslyn Center. Diane Dominic, El Segundo resident and former Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project. 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 Busch 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 to open a public hearing and receive testimony regarding a certification of a Final Environmental Impact Report (including adoption of a Statement of Overriding Considerations) and adoption of an update to the Circulation Element of the El Segundo General Plan. Mayor McDowell stated this is the time and place hereto fixed for a public hearing for the purpose of receiving testimony regarding a certification of a Final Environmental Impact Report (including adoption of a Statement of Overriding Considerations) and adoption of an update to the Circulation Element of the El Segundo General Plan. Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Mark Hensley, City Attorney, noted that written correspondence had been received and was incorporated into the final EIR document. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 4 Herman Bacmaciyan, Kimley -Horn and Associates, gave a presentation. Brian Crowley, resident, spoke regarding validity of some of the data in the Circulation Element. Sally Hawthorne, Del Aire resident, spoke regarding existing traffic problem in the Del Aire area. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to close the pubic hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Herman Bacmaciyan, Kimley -Horn and Associates, responded to Council questions. Mark Hensley, City Attorney, read the following: RESOLUTION NO. 4386 A RESOLUTION CERTIFYING A PROGRAM ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 579 AND GENERAL PLAN AMENDMENT NO. 02 -1, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND AMENDING THE CIRCULATION ELEMENT OF THE EL SEGUNDO GENERAL PLAN. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to adopt Resolution No. 4386 certifying a program environmental impact report for Environmental Assessment No. 579 and General Plan Amendment No. 02 -1, adopting a Statement of Overriding considerations and amending the Circulation Element of the El Segundo General Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Consideration and possible action (Public Hearing) regarding the FY 2004 -2005 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures. Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the FY 2004 -2005 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures. Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Mary Strenn, City Manager, gave a brief overview Francis Sticlich, resident, requested Joslyn Center services not be cut next Fiscal Year. Gail Church, Tree Musketeers, spoke regarding proposed reduction in the tree care budget MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 5 MOVED by Council Member Jacobson, SECONDED by Council Member Busch to continue the Pubic Hearing to September 21, 2004. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Gaines requested alternatives be brought back to the continued public hearing on September 21, 2004 regarding alternatives to the proposed layoffs to meet required reductions. Spoke regarding golf course management problems and suggested reopening the process to select a new management company. Also spoke regarding potential trip to Washington D.C. to lobby for Federal funding. Requested report back on September 21, 2004 regarding use of in -house staff to meeting tree trimming requirements as set forth in the Master Tree Plan and how proposed tree trimming budget would impact tree maintenance. Council Member Jacobson, requested staff investigate alternate funding and /or location for continuation of the Seniors' Sunday Card Club, possibly a reduction in July 4w celebration funding. Also requested staff investigate the possibility of continuing funding for the youth counselor budget. C. UNFINISHED BUSINESS 3. Consideration and possible action regarding a report to Council on requested additional information: costs, impacts, and workload for alternative "run short" scenarios (to "run short" means that on a given day and temporary basis, not filling a vacant position with overtime personnel). These scenarios were developed as a result of the Fire Department's budget reduction proposal (running short in fire suppression staffing up to one person per rank/assignment as vacancies occur). Norm Angelo, Fire Chief, responded to Council questions. Council Member Busch requested a more detailed report at the September 21, 2004 Council meeting, on the "Run Short One" option and "Full Staffing" option. Mayor McDowell requested a detailed report on Reserve Fund sources at next Council meeting. Council consensus to postpone a decision on Fire Suppression staffing until the September 21, 2004 meeting. 4. Consideration and possible action regarding remodeling the existing clubhouse, located at 300 E. Pine Avenue and authorize an increase in amount paid to the architect for services relating to the preparation of the remodeling assessment report. Fiscal Impact $45,000. Council Member Busch left the dais due to a potential conflict regarding his residence location. Seimone Jurjis, Acting City Engineer, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO.6 Denise Mendleshn and Keith Hemple of LPA, gave a presentation. Council consensus to receive and file report regarding remodeling the clubhouse. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to defer the Community Center project; authorize expenditures of approximately $275,000 for maintenance work at the clubhouse and city hall and preserve the balance ($5,772,000) for now; authorize staff to develop specifications to abate any hazardous materials and paint the interior and exterior of the clubhouse; and approve change order no. 5 of $45,000 to the original purchase order for architect LPA Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BUSCH NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT REGARDING THE LOCATION OF HIS RESIDENCE. Council Member Busch returned to the dais. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5. Consideration and possible action regarding setting a date for interviewing candidates for one position each on the Planning Commission, Community Cable Advisory Committee and Economic Development Advisory Council. Staff to contact recently interviewed candidates to ascertain continued interest in vacant positions. Council consensus to set date for interviews of new candidates for Tuesday, October 5, 2004. 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. 6. Approved Warrant Numbers 2542521 to 254914 on Register No. 22 in the total amount of $2,193,625.29 and Wire Transfers from 8/6/2004 through 8/26/2004 in the total amount of $1,182,855.71. 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. Approved City Council Special and Regular Meeting Minutes of August 17, 2004. Received and filed a status report on legislative bill number AB2702 seeking to amend state law to allow the development of second dwelling units in residential neighborhoods. 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 10. Adopted Resolution No. 4387 establishing City policy regarding the display of the United States flag at City facilities and public rights of way. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 7 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 12. Approved proposal by the Community, Economic and Development Services Department (CEDS) to establish a new job classification of Plans Examiner. Fiscal Impact: $38,000 savings. Adopted Resolution No. 4388 establishing the monthly salary range for Plans Examiner. 13. Waived the formal bidding process per the Municipal Code and approved the City's use of competitively solicited federal General Services Agreement (GSA) Contract #GS -28F- 8029H; authorized the issuance of a purchase order for meeting rooms and office furniture with Knoll (manufacturer), in the amount of $39,150; awarded contract to the authorized distributor and installers, Associates Purchasing, in the amount of $16,850; authorized the City Manager to execute a standard City Professional Services Agreement No. 3373, as approved to form by the City Attorney on behalf of the City. Fiscal Impact: $56,000. 14. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 15. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 16. Waived fees for City services associated with the Fire and Police Associations' 4t' Annual Pancake Breakfast. Fiscal Impact: $760. 17. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 18. Authorized the City Manager to execute a Memorandum of Agreement No. 3374 with the City of Redondo Beach for retention of a consultant to perform a bacteria Total Maximum Daily Load (TMDL) implementation plan study. Fiscal Impact: $502. 19. Approved a three -month Contract No. 2763H extension, in a form approved by the City Attorney, for the City's custodial contract with K & P Janitorial and Maintenance through December 31, 2004. No Fiscal Impact. 20. Approved purchase of a replacement unit for a marked police vehicle that was totaled when struck by a negligent driver. Fiscal Impact $33,200 — City seeking recovery from second party insurance. 21. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to approve Consent Agenda Numbers 6, 7, 8, 10, 12, 13, 16, 18, 19 and 20. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO.8 9. Consideration and possible action to adopt a Resolution in support of statewide ballot measure, Proposition 1A, which would restrict the ability of the Legislature to utilize funds allocated to local governments. MOVED by Council Member Busch, SECONDED by Council Member Jacobson to adopt Resolution No. 4389 in support of statewide ballot measure, Proposition 1A, which would restrict the ability of the Legislature to utilize funds allocated to local governments. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding a letter to the Los Angeles County Board of Supervisors and Planning Commission supporting the proposed Pacific Concourse Project that includes 450 residential units in two buildings in the Del Aire Business Park along La Cienega Blvd. Mayor McDowell, left the dais due to a potential conflict arising from a client relationship with interested parties. Item tabled due to a lack of a Motion. Mayor McDowell returned to the dais. 14. Consideration and possible action regarding Recreation and Parks Drama Program for Fiscal Year 2004 -2005. Stacia Mancini, Recreation and Parks Director, reported on community notification of Program schedule. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to receive and file information regarding Recreation and Parks Drama Program for Fiscal Year 2004 -2005. 15. Consideration and possible action regarding the waiver of fees for City services associated with the Tree Musketeers' first annual "Rock the Earth" event at Chevron Park located at El Segundo Blvd and Illinois Street. Fiscal Impact: $1,355. MOVED by Council Member Boulgarides, SECONDED by Mayor Pro Tem Gaines to waive fees for City services associated with the Tree Musketeers' first annual "Rock the Earth" event at Chevron Park located at El Segundo Blvd and Illinois Street. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 17. Consideration and possible action to waive second reading and adopt the Ordinances increasing the water and wastewater rates on a city -wide basis. Mark Hensley, City Attorney, gave a brief report regarding Proposition 218 as related to fee increases and noted that the proposed water and wastewater rate increases did not fall under Proposition 218 requirements. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 9 Mark Hensley, City Attorney, read the following: MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 10 ORDINANCE NO. 1376 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE SECTION 5471 AND EL SEGUNDO MUNICIPAL CODE SECTION 11 -1 -5. MOVED by Council Member Boulgarides, SECONDED by Mayor Pro Tem Gaines to adopt Ordinance No. 1376, setting the amount of water rates and charges pursuant to Health and Safety Code Section 5471 and El Segundo Municipal Code Section 11 -1 -5. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read the following: ORDINANCE NO. 1377 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE SECTION 5471 AND EL SEGUNDO MUNICIPAL CODE SECTION 12 -7 -3 MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Busch to adopt Ordinance No. 1377 setting the amount of wastewater rates and charges pursuant to Health and Safety Code Section 5471 and El Segundo Municipal Code Section 12 -7 -3. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM GAINES, COUNCIL MEMBERS BOULGARIDES AND BUSCH; NOES: COUNCIL MEMBER JACOBSON. 4/1 21. Consideration and possible action to approve Contract No. 3375 with UCLA Center for Pre - Hospital Care, for continuing education, as well as program oversight of the Citywide AED (Automatic External Defibrillator) Program. Fiscal Impact: there is no change in cost for current services being provided ($24,200 for Fire and $4,400 for Police). MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve Contract No. 3375 with UCLA Center for Pre - Hospital Care, for continuing education, as well as program oversight of the Citywide AED (Automatic External Defibrillator) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 22. Consideration and possible action regarding the Annual Halloween Frolic event location moving from Recreation Park to Main Street and request for increased funding for the event. Fiscal Impact: $9,210. Mary Strenn, City Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 11 MOVED by Mayor Pro Tenn Gaines, SECONDED by Council Member Busch to approve Main Street as the location for this year's Annual Halloween Frolic event, approve increased funding request for Main Street location, and reassess location for future event. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM GAINES, COUNCIL MEMBER BUSCH; NOES: COUNCIL MEMBERS BOULGARIDES AND JACOBSON. 3/2 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Reported on Campaign Finance Sub - Committee meeting last week. Spoke regarding the Continued Public Hearing on the Budget on September 21, 2004 and on the September 11th Memorial at Freedom Park. Council Member Busch — Spoke on the great success of the "Popeye" Drama Production and thanked Stacia Mancini for her efforts regarding the Drama program. Also spoke regarding El Segundo's recycling efforts. Commended Kristi von der Linden and staff for their outstanding efforts in recycling. Council Member Jacobson — Spoke regarding the Drama program. Mayor Pro Tern Gaines — Spoke on the 911 Memorial Service scheduled for Freedom Park Mayor McDowell — 23. Consideration and possible action regarding adoption of a resolution expressing the City of El Segundo's support of efforts by the California Air Resources Board to implement measures aimed at reducing greenhouse gas emissions. Council consensus to defer this item until the September 21, 2004 meeting. PUBLIC COMMUNICATIONS — NONE MEMORIALS — Milford A. Traber and Ivalee Webster Douglass, long time residents. CELEBRATION — Lucy Rebecca Adlen, to proud parents, Elyse and Nathan Adlen, and Grandparents Patti (City Clerk's Office) and Roy Kight. CLOSED SESSION - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 12 ADJOURNMENT at 9:40 p.m. enutL�6 t� Cathy Di6mann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 PAGE NO. 13