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2005 MAR 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 1, 2005 — 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 Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Arrived at 5.03 P M Council Member Jacobson - 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) 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 seg ) 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) -2- potential cases (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) — 1 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 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 45 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 1, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Reverend Dino Tumbuan, Interim Pastor, St John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes PRESENTATIONS — (a) Council Member Busch presented a Proclamation recognizing both trees and the young people of our community for the important roles they play In improving our hometown quality of life and proclaiming March 12, 2005 as California Arbor Day ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent 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 Liz Garnholz, resident, asked for clarification regarding Consent Agenda Item Number 6, the extention of MWW Group Contract No 3382 related to the LAX Master Plan, through September 30, 2005 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 4/0 Mayor ProTem Gaines absent SPECIAL ORDERS OF BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 3 Public Hearing regarding an appeal of a November 15, 2004 Planning Commission decision approving Environmental Assessment No. 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995), and Variance No 04 -01 for converting an existing 35 -unit apartment complex to condominiums at 910 E Grand Avenue ( "Project ") Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding an appeal of a November 15, 2004 Planning Commission decision approving Environmental Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995), and Variance No 04 -01 for converting an existing 35 -unit apartment complex to condominiums at 910 E Grand Avenue City Clerk Mortesen stated that proper notice was completed and no communications had been received in the City Clerk's Office Seimone Jurps, Planning and Budding Safety Director, gave a report Applicant Elizabeth Srour, Srour & Associates, LLC, made a brief statement on behalf of the applicants, Albert & Madeleine Marco She stated that the applicant is recommending a reduction in the number of units from 35 to 32, thereby reducing the number of parking spaces, and reducing the number of one bedroom units to nine Appellants El Segundo Residents Association Eric Johnson, requested Council approve the appeal of the Planning Commission's decisions on the basis of excessive lot coverage, and inadequate parking spaces Wyle Laboratories None Applicant, Albert Marco, proposed to reduce the number of units to 32, to increase the parking spaces per unit. He also stated that the one bedroom units may be the only units in the city that are affordable MOTION by Council Member Jacobson, SECONDED by Council Member Boulgardes to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Pro Tem Gaines absent City Attorney Mark Hensley explained to the Council the criteria that must be reviewed with respect to determining whether to grant or deny a variance Council consensus to direct staff to draft a resolution denying a variance request on the lot coverage, undersize units of 748 square feet and the variance on the reduction of the width of the parking spaces Siemone Jurps, Director of Planning and Building Safety stated there Is no parking variance required for the number of spaces if the number of units are reduced from 35 to 32 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 4 MOVED by Mayor McDowell, SECONDED by Council Member Boulgandes to take action to overturn the Planning Commission decision and deny the condominium conversion request MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Pro Tern Gaines absent B. UNFINISHED BUSINESS Consideration and possible action 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 for industrial uses to a new Commercial Center (C-4) classification ( "Sepulveda /Rosecrans Site Rezoning "), (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 Reduced Traffic Generation Alternative and the Plaza El Segundo Development Reduced Traffic Generation Alternative Seimone Jugis, Director of Planning and Building Safety, gave a report Mark Hensley, City Attorney read by title only RESOLUTION NO 4415 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT SUBMITTED BY MAR VENTURES, INC AND THE CITY OF EL SEGUNDO FOR ENVIRONMENTAL ASSESSMENT NO 631 AND GENERAL PLAN AMENDMENT NO 03-4 & 03 -5, FOR THE SEPULVEDA/ROSECRANS SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT PROJECT (REDUCED TRAFFIC GENERATION ALTERNATIVES) MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to adopt Resolution No 4415, certifying an Environmental Impact Report submitted by Mar Ventures, Inc and the City of El Segundo for Environmental Assessment No 631 and General Plan Amendment No 03 -4 & 03 -5, for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Protect (Reduced Traffic Generation Alternatives) MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Pro Tern Gaines Absent Mark Hensley, City Attorney announced the following change on page 326 of the stamped pages and page 11 of the Development Agreement, Section 6 9 with the insertion of except to the extent County permits may be required to drill any wells on the Property and /or to discharge into the sanitary sewer system (see attached). Mark Hensley, City Attorney read by title only ORDINANCE NO 1382 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 5 AN ORDINANCE REGARDING AN APPLICATION FROM MAR VENTURES, INC AND THE CITY OF EL SEGUNDO APPROVING DEVELOPMENT AGREEMENT NO 03 -1, ZONE CHANGE NO 03 -2 & 03 -3, ZONE TEXT AMENDMENT NO 04 -1 ADDING CHAPTER 15 -513 AND AMENDING SECTIONS 15 -3 -1 AND 15 -15 -6 OF THE EL SEGUNDO MUNICIPAL CODE, AND SUBDIVISION NO 03 -7 (VESTINGTENTATIVE TRACT NO 061630) FOR THE SEPULVEDA/ROSECRANS SITE REZONING AND PLAZAA EL SEGUNDO DEVELOPMENT (REDUCED TRAFFIC GENERATION ALTERNATIVES) Council Member Boulgandes Introduced the ordinance with the amendments Included In the Development Agreement 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 3 Approved Warrant Numbers 2545880 to 2546111 on Register No 10 in the total amount of $596,937.83 and Wire Transfers from 2/04/2005 through 2/17/2005 in the total amount of $1,309,748 33 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 4 Approved City Council Meeting Minutes of February 15, 2005 and Special City Council Meeting Minutes of February 22, 2005 Approved General Services Agreement No. 3449 between the City of El Segundo and the County of Los Angeles for an additional five years commencing on July 1, 2005 which would allow the City to access on an as needed basis municipal support services performed by the County, such as traffic signal maintenance and other public works activities (Fiscal Impact None) CALLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 7 Awarded Contract No. 3450 to S &L Specialty Contracting, Inc for construction related to the Residential Sound Insulation Program's Bid Group 5 (31 residences) (Estimated construction cost and retention $1,109,713) Authorized the City Manager to execute the contract in a form approved by the City Attorney 8 Accepted the work as complete for the abatement of asbestos and lead at the Clubhouse located at 300 E Pine Avenue — Approved Capital Improvement Project — Project No PW 04 -08 (Final Project Cost $49,950) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office MOVED by Council Member Jacobson, SECONDED Council Member Boulgandes to approve Consent Agenda Items 3, 4, 5, 7 and 8 MOTION PASSED BY UNANIMOUS VOICE VOTE 410 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 6 Mayor ProTem Gaines absent Council Member Busch not participating on Item number 8 due to the location of his residence CALL ITEMS FROM CONSENT AGENDA 6 Consideration and possible action to extend the current agreement with the MWW Group for provision of services related to the City's efforts regarding the Los Angeles International Airport (LAX) Master Plan through September 30, 2005 (Fiscal Impact $56 000) MOVED by Mayor McDowell, SECONDED by Council Member Boulgandes to approve the First Amendment to Agreement No 3382 with the MWW Group extending the City's current agreement for provision of services related to the City's efforts regarding the Los Angeles International Airport Master Plan through September 30, 2005, appropriate $56,000 from the City's Economic Uncertainty Fund to cover the cost of the extension. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Pro Tern Gaines absent F NEW BUSINESS G REPORTS — CITY MANAGER — Spoke regarding the RSI program, and stated the City had submitted another two million dollar grant Announced the hiring of a new City Engineer Steve Finton H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Spoke regarding the Santa Monica Bay Restoration Project, and the 2 '% millions dollars to complete purchase on the Malibu water shed, announced the campaign reform item should be on the March 15 agenda Requested Chief Wyat address the arrest and solving of a string of burglaries Council Member Busch — Requested an update on the Douglas Street Gap Closure Project and f requested updates be given at each City Council meeting Spoke regarding the Tree's to the Sea Project City Manager, Mary Strenn announced that the Project bid package is now in the hands of Cal - Trans and the City anticipates awarding the bid by the end of May, 2005. Council Member Jacobson — Requested staff investigate the increasing number of accidents at the Intersection of Maple Avenue and Main Street Mayor Pro Tern Gaines — Absent MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 7 Mayor McDowell — Announced the illness of and Assemblyman and former El Segundo Mayor Mike Gordon Spoke on the recent meeting with the Governor regarding the retention of the Los Angels Air Force Base He also spoke regarding his testimony for the retention of the 439 bus line 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 Liz Garnholz, resident, thanked Council Member Boulgandes for bring campaign reform to the agenda She also spoke on relocation of the Farmers Market Eric Johnson, resident, thanked Council for their denial of the condominium conversion project, and sent best wishes to Assemblyman Gordon George Hoops, resident, addressed the sewer pipe taxes attached to his water bill He further stated that the taxes exceed his water bill Julius Wilson, resident, spoke regarding water billing and the suspension of the bus line Stacia Mancini, Director of Recreation and Parks, reported on the survey done during the Farmers Market, and the subsequent report to Council MEMORIALS — CELEBRATIONS — 62nd wedding anniversary of Jim Cadam, a retired LA City Fireman and Kay Smith Cadam, parents of long time EI Segundo resident and City employee, Susie Mcllroy CLOSED SESSION - NONE ADJOURNMENT — at 8 45 p m cmzh 6rn(k/W, Cindy Mortes n, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 1, 2005 PAGE NO 8 effect for a period of 30 years from the effective date of this d shall remain in of $125,000 upon the tins Agreement an a the City ect Approvals Agreement Developer agrees al p Y litigation for chal]engnlg the Pro] ent of ling bution to Downtown u' merit or settlement 6 8 C — °nom. _ �—ll ~ rnent of the Property_ } 1 the exp upon a final court J g Year of the date upon iration of the statute of hmitauo allowed to proceed with develop earlier of t) e having been filed, Or {) 125 000 within one Y These funds with no challe, Developer being additional 000 payment to the City, the public which results in the e eshall pay the City an amtaimng Thereafter> Develop obligate make the first $125,001 oYmvari Specific Plan area which the Developer was obhg uses of enhancing, P Shall be used for piirP and business enmueia ro erties within the Down et to the exp re resentatrves from the City paid to the city d accut to the business and p P right of way a subcommittee with P Crt Council with respe The City shall form recommendations to the y for purposes of forming Developer warrants and such funds Uses on Pro elt -parties' or record any A regiments Restrietin a regiments with third p Third-') ar indirectly limit the potential uses for the 6.9 will not enter into any g Zone 111 any which direct]} 'At or in the C- represents that I Wins the ]property � ursannt to this Agieen' dlor sizes of structures or restrictions ab ennitted p articular retailers, types' Property The the Property that are c but not limited to the P which consent may Prop owners of any husiiiesse' asu ti d friction of the uses respect• including or the that any es of uses, , Council consent to any q Zone, the businesses, tyP Ye9uest that the City Wrtbout ackn eeme gt o the C- 1 any ]ease er may ouned's sole discretion rsuant to this Ag Develop City are permitted P be withheld m the below l to, or affect or restneth trnof restricting 5 and O for purpose' regiment between the identified in O urchase and sale ag Developer and a bona fide tenant 2 to ppoperty ore parcels of the property f °r provisions of this 5ecrion b.9 Shall not apply a regiment or between the D to the tenant's business> {) 3 any g not including etition relating urchaser of oriec business; O a ency { come Ana fide retail busmesslp to the retailer ` ional regulatory g Developer and a competition relattndgeT slate or to purposes of restricting r and any r or cities), the Developer w encR permit between eles ental Protec the Public the County of Los Anb Cores of Engineers, the Env bStan Department e Stances ConhoI Wildlife, the Depent of Toxic Sub. such as, but not limited to the Army W Water Quality Control Board and the California DeP the DeParirlieat of fish an Regional covenants, conditions and xestrictionSeSOthattare h normal and customary) so long as such do not restr�cZoneu (5) any Utilities Commission, `.CC &R's „) so long imposed by the o£Fish and Game,O Agree or the C uses unP referred to as Pursuant to this Ag ' ather similar centers (commonly the Prof schools, Or b any restrictions on usin es that currently Permitted on health care, child care, residential, Uon, irrigation, or other bow alleys, eriY• 1-loneywell International Inc , ( rohihitingbowlmng restrictions on for human consume current owner of the P th he Property or 7) restrictions p goo or materials, 'erneath the sale of used g mineral I groundwater un 'water into contact with humans, other Per' ninted use), but might riffs billiard Too ivals or circus use to an ht bung groan c ca>7i ancillary skating not mc1,ading court ordered arcades, not including bars that are an al drugs, automobile services (including hops e with illeg Mors and pawn dance halts' bars ( li urdation saletattoo p parlors, the sale of paraphen�alia for use et store). automobile salu$e to a P rted to service stations), t ancillary not 11 services (excep as sales), veteminary 11 443860005 C -2Y5 1131399x1