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2005 FEB 15 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 15, 2005 — 5 00 P M 5.00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Gaines Council Member Boulgandes Council Member Busch Council Member Jacobson Present Present Present Present - Arrived at 5 02pm Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items are a threat of litigation regarding Claim 05 -03 (Karrer), Claim 04 -14 (Wall) and 916 Sheldon Street 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 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 City of El Segundo v City of Los Angeles, et al LASC No BS094279 Michael Ward v City of El Segundo, et al , LASC No BC325247 Irene Chen v City of El Segundo, LASC No YC049424 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b): -3- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 1 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 1 matter 1 Public Employment (position to be filled) Title. City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — 0 matter 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 FEBRUARY 15, 2005 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 15, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p.m INVOCATION — Clerk Mortesen gave the Invocation PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS — (a) Council and the City Manager made the Presentation of the 2004 Annual Service Awards to City employees (b) Council Member Busch presented a Certificate of Appreciation to Ron Swanson for his contribution of Industrial shelving to the El Segundo Fire Department and Recreation & Parks Department's Urho Saari Swim Stadium (c) Mayor Pro Tern Gaines presented a Proclamation In recognition of Rotary International's 100 years of service to improving the human condition in local communities around the world, and proclaiming February 23, 2005 as Rotary International Day in El Segundo. (d) Council Member Boulgandes presented Certificates of Recognition to Tom Overmire, Los Angeles County Lifeguard, and members of the Recreation & Parks Aquatics staff Elizabeth Price, Heather Henry, Bruck Solomon and Deric Parsoneault for their teamwork, quick response to danger, and application of life- saving skills which helped save the life of a swim participant at the Urho Saari Swim Stadium ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present Council Member Boulgandes - 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 3 Jane Friedkin, resident, requested Item 8 of the Consent agenda be pulled for discussion John McCarty, resident, spoke regarding Los Angeles Air Force Base retention Liz Garnholz, resident, spoke regarding Consent Agenda Items 8, 11, and 18 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 Mayor ProTem Gaines 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 (1) the redesignation and rezoning of approximately 85.8 acres of property within the City of El Segundo located on the Northeast corner of Rosecrans and Sepulveda Boulevards currently designated as for Industrial uses to a new Commercial Center (C-4) classification ( "Sepulveda /Rosecrans Site Rezoning "), and (2) approval of land use entitlements, including a development agreement, for a proposed shopping center development project located on 43 3 acres within the Sepulveda /Rosecrans Site Rezoning area ( "Plaza El Segundo project "), and (3) the adoption of an Environmental Impact Report ( "EIR ") pursuant to the California Environmental Quality Act ( "CEQA ") for the Sepulveda /Rosecrans Site Rezoning and the Plaza El Segundo project Mayor McDowell stated this Is the time and place hereto fixed for a public hearing to (1) the re- designation and rezoning of approximately 85 8 acres of property within the City of El Segundo located on the Northeast corner of Rosecrans and Sepulveda Boulevards currently designated as for industrial uses to a new Commercial Center (C -4) classification ( "Sepulveda /Rosecrans Site Rezoning "), and (2) approval of land use entitlements, including a development agreement, for a proposed shopping center development project located on 43.3 acres within the Sepulveda /Rosecrans Site Rezoning area ( "Plaza El Segundo project "), and (3) the adoption of an Environmental Impact Report ( "EIR ") pursuant to the California Environmental Quality Act ( "CEQA ") for the Sepulveda /Rosecrans Site Rezoning and the Plaza El Segundo project City Clerk Mortesen stated that proper notice was completed and four communications had been received In the City Clerk's Office Seimone Jupis, Planning and Building Safety Director, gave a report Kimberly Christensen, Planning Manager, also gave a brief report MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 4 Bill Mason, spoke on behalf of the applicant Allan Mackinsey gave a visual report Ron Swanson, resident and businessman, supports the project Scott Reed, resident, supports the project Alyse Rothstein, business owner, supports the protect Holly Branch, Chamber of Commerce, supports the protect Steven Kaufmann, Richards, Watson & Gershon the law firm representing the City of Manhattan Beach, stated that if the alternative traffic plan is adopted and the developer follows through with the proposed agreement with Manhattan Beach, Manhattan Beach would not be challenging the project Henry Stuart, resident, supports the project Joe Brandon, resident, spoke about his concerns with the protect and the traffic Gail Church, resident, spoke in support of the protect Joan Parker, resident, spoke in support of the project Liz Garnholz, resident, spoke regarding her concerns with the traffic impact Bill Eisen, Manhatten Beach resident, spokesman for Groups for a Quality City, does not support the project Phil White, President of the El Segundo Rotary Club, supports the project Wendy Phillips, resident of Manhattan Beach, does not support the project Bill Fisher, resident, and President of the Kiwanis Club, spoke in favor of the protect Carol Walberg, resident of Manhattan Beach, does not support the project. Milan Smith, resident of Manhattan Beach, supports the project Jane Friedkin, resident, concerned with the traffic impact of the project Richard Arabian, resident, stated his concerns with the 'overriding considerations" of the development, and the traffic impact. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 5 Craig Fajnor, Chnstoper A Joseph & Associate and consultant for environmental Impacts, addressed the hazardous materials and the air quality aspect of the project Liz Culhane, Crane and Associates, consultant on the traffic mitigation, spoke regarding the project Mark Hensley, City Attorney, addressed the land use issues MOTION by Mayor ProTem Gaines, SECONDED by Council Member Busch to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Council Member Busch, SECONDED by Mayor ProTem Gaines to direct staff to return with the resolution and ordinance approving the environmental assessment, General Plan Amendment, an ordinance providing for zone changes rezoning and approval the Plaza El Segundo Development Agreement with the reduced traffic generation alternative and no permitted health club MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2 Consideration and possible action (Public Hearing) to adopt a Resolution approving the Recreation and Parks Commission's proposed increase for Recreation Identification Card fees, and Co -ed Softball League fees (Fiscal Impact* $29,500 revenue) Mayor McDowell stated this is the time and place hereto fixed for a public hearing to adopt a Resolution approving the Recreation and Parks Commission's proposed increase for Recreation Identification Card fees, and Co -ed Softball League fees City Clerk Mortesen stated that proper notice was completed and no communication had been received in the City Clerk's Office Stacia Mancini, Recreation and Parks Director, gave a report Liz Garnholz, resident, spoke regarding the waiver of fees MOTION by Council Member Busch, SECONDED by Council Member Jacobson to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Consensus to review these fee Increases at the midyear review and staff to prepare a proposed graduated fee increase structured for field use C UNFINISHED BUSINESS 3 Consideration and possible action regarding sale of future payment by the State to compensate the City for $283,135 86 loss in Vehicle License Fee (VLF) revenues for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities Statewide Development Authority (California Communities) program (Fiscal Impact $283,136) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 6 Bret Plumlee, Administrative Services Director, gave a report Mark Hensley, City Attorney, read by title only RESOLUTION NO 4413 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE, AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH MOVED by Mayor McDowell, SECONDED by Council Member Jacobson to adopt Resolution No 4413 approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement No 3444 and related documents with respect to the sale of the seller's vehicle license fee receivable from the State and directing and authorizing certain other actions in connection therewith MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 2545648 to 2545879 on Register No 9 in the total amount of $1,243,232 73 and Wire Transfers from 1/21/2005 through 2/03/2005 in the total amount of $302,404 18 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 February 1, 2005 6 Adopted Resolution No 4414 in support of retaining the Los Angeles Air Force Base (LAAFB) during the upcoming Base Closure and Realignment Commission (BRAC) process 7 Approved the examination plan for the Personnel Merit System job classification of Meter Reader /Repairer 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 9 Withdrew award of the contract to HH Construction and award Contract No 3440 to Premium Construction for replacement of playground equipment at the Holly- Kansas Park — Approved Capital Improvement Project — Project No PW 04 -09 (Fiscal Impact $81,810) Authorized the City Manager to execute the construction contract on behalf of the City MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 7 10 Approved License Agreement No 3441 for the encroachment of an awning located at 319 Main Street as to form approved by the City Attorney 11 Adopted plans and specifications for four (4) public works protects at the George E Gordon Community Clubhouse (at 300 Pine Avenue) Interior Painting Project— Protect No. PW 05- 03 (Estimated cost $16,000), Plumbing Refurbishment Project— Project No PW 05 -02 (Estimated cost: $15,000), HVAC Refurbishment and Maintenance Project — Project No. PW 05 -04 (Estimated cost $31,000), Roof Refurbishment and Maintenance Project — Protect No PW 05 -05 (Estimated cost $16,500) Authorized staff to advertise the four (4) protects for receipt of bids. 12 Authorized the Mayor to forward a letter supporting the West Basin Municipal Water District's Proposition 50 grant applications to develop the West Basin Seawater Desalinization Protect and Demonstration of Integrated Membrane Seawater Desalinization Protect 13 Approved an amendment to License Agreement No 3147A between Southern California Edison Company and the City of El Segundo to provide pedestrian access from Douglas Street to the Metro Green Line Station (Estimated Cost $6,070) Authorized the City Manager to execute the agreement on behalf of the City Approved a payment of $6,070 to Southern California Edison Company 14 Approved the piggyback purchase on the County of Orange Contract #TSZ12 for the purchase of two full size sedans with police packages The total purchase price will not exceed $40,300 Approved the auction sale of the two replacement vehicles and place those funds back into the General Fund Account (001- 300 - 0000 -3901) 15 Waived fees for city services for the El Segundo Little League and Girls Softball Opening Day parade (Fiscal Impact $1,979) 16 Waived fees for the El Segundo Neighborhood of the Angeles Girl Scout Council for their Annual Tasting Bee and Cultural Fair at the El Segundo Teen Center on Saturday, February 26, 2005 (Fiscal Impact $144) 17 Approved the purchase of twenty -six complete Self Contained Breathing Apparatus (SCBA) and forty -one SCBA face pieces from Allstar Fire Equipment, Inc, utilizing funds from the USFA/Federal Emergency Management Agency (FEMA) 2004 Assistance to Firefighters Grant Program (Fiscal Impact- $121,200 /General Fund Fiscal Impact $12,100) 18 PULLED FOR DISCUSSION BY MAYOR PRO TEM GAINES 19 Approved the Police Department utilizing $50,000 of existing Citizens Option for Public Safety (COPS) grant funds to operate on an overtime basis, special enforcement details during the calendar year (Fiscal Impact $50,000 from COPS grant fund) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 8 MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to approve Consent Agenda items 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 19 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MAYOR PRO TEM GAINES NOT PARTICIPATING IN ITEM 9 DUE TO THE LOCATION OF HIS RESIDENCE AND COUNCIL MEMBER BUSCH NOT PARTICIPATING IN ITEM 11 DUE TO THE LOCATION OF HIS RESIDENCE MAYOR MCDOWELL NOT PARTICIPATING ON ITEM 13, DUE TO HIS FORMER EMPLOYMENT WITH EDISON 8. Consideration and possible action regarding second reading and adoption of Ordinance No 1381 adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to California Government Code 65852 2 affecting second dwelling units. MOVED by Council Member Boulgandes, SECONDED by Council Member Jacobson to adopt Ordinance No 1381 adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to California Government Code 65852 2 affecting second dwelling units MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 18 Consideration and possible action to replace a marked police vehicle that was totaled in a collision City to seek pro rata compensation from the other involved party (Fiscal Impact $33,200) MOTION BY Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to approve the purchase of a replacement marked police vehicle that was totaled in a collision City to seek pro rata compensation from the other involved party (Fiscal Impact $33,200) MOTION PASSED BY UANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER BUSCH ABSENT FROM THE DIAS FOR THE VOTE F NEW BUSINESS 20 Consideration and possible action regarding the authorization of a median cut on Continental Boulevard for the purposes of ingress and egress for the Computer Science Corporation (CSC) at 2100 E Grand Avenue (Estimated Cost Paid by CSC) Seimone Jurps, Planning and Budding Safety Director, gave a report MOVED by Council Member Jacobson, SECONDED by Mayor McDowell to authorize a median cut as per plan on Continental Boulevard for the purposes of ingress and egress for the Computer Science Corporation (CSC) at 2100 E Grand Avenue (Estimated Cost Paid by CSC) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 21. Consideration and possible action regarding the award of a contract with Telecommunications Management Corporation to provide cable franchise renewal consulting services with Time Warner Cable (TWC) (Fiscal Impact $10,000 for 2004/2005 and $10,000 for 2005/2006, Total Is $20,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 9 MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tem Gaines to award Contract No 3442 with Telecommunications Management Corporation to provide cable franchise renewal consulting services with Time Warner Cable (TWC) (Fiscal Impact. $10,000 for 2004/2005 and $10,000 for 2005/2006, Total is $20,000) 22 Consideration and possible action to award a Professional Services Agreement to Answer America, LLC for the operation of the City's Hyperion and Aircraft Noise Complaint Hotline (640 -CITY) MOVED by Council Member Jacobson, SECONDED by Mayor McDowell to award Professional Services Agreement No. 3443 to Answer America, LLC for the operation of the City's Hyperion and Aircraft Noise Complaint Hotline and authorize the City Manager to execute the agreement in a form approved by the City Attorney for a six month trail MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 REPORTS — CITY MANAGER — Reported on upcoming ROAD "wild not wasted" event to be held at the Teen Center REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — None Council Member Busch — Reported on the "Trees to the Seas" program Council Member Jacobson — Reported on the upcoming MAX Employment Center 15 Year Anniversary Mayor Pro Tern Gaines — Noted that on February 25 the South Bay Council of Governments Homeland Security Task Force Meeting Mayor McDowell — Invited interested residents to attend the MTA South Bay Sector Council Services Changes meeting on February 22, 2005, 6 00 p m to 8 00 p m at the Carson Community Center MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 10 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 Joe Brandon, resident, stated that he does not agree with the Mayor Pro Tem's statements to the citizens of Manhattan Beach Gail Church, Tree Muskateers, updated Council on the tree program on Imperial Highway Stated the Tree Muskateers would provide the first 3 years of care She further stated that everyone was aware of the sewer pipes under the street 1 Request by various residents to address the construction activities at 916 Sheldon Street Jane Friedkin, resident, spoke against the R -1 2nd unit construction She stated that many questions need to be answered She also felt the "illegal" units should be torn down Richard Arabian, resident, stated that the response received on the increase of the water /sewer billing was not adequate He suggested that this issue be reviewed during the mid -year report George Hoops, resident, spoke regarding the MTA removing the 439 bus line and requested Council to support keeping of the 439 line City Manager, Mary Strenn, stated that there was a task force that addressed the water and sewer increase MEMORIALS — Frank Lombardi, former City employee and El Segundo Unified School District Crossing Guard, Margaret Phipps, Mother of Lt Max Phipps, James Sorensen, father of Arlys Wyant, Interim Chamber of Commerce Director and Harry Rinder, known to us as Ike the husband of Mickey Rinder of the El Segundo Fire Department CELEBRATION — Birthday wishes to our City Treasurer, Ralph Lanphere who will be celebrating Thursday, February 17th and congratulations to Gladys Kanode, a long time resident of El Segundo, who on February 18, 2005 will be celebrating her 105th birthday CLOSED SESSION - NONE ADJOURNMENT at 11 18 p m Cindy rtesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 11