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2005 OCT 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 4, 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 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 Eric Frandsen, resident, spoke against second unit dwellings in the R1 Zone He requested Attorney review documents from a recent Sacramento case before making the decision on whether or not to appeal the Court's decision John Dragone, resident, spoke against second unit dwellings in the R1 Zone, and requested Attorney review for potential appeal Tonya Duncan, resident, spoke against second unit dwellings in the R1 Zone, and requested Attorney review for potential appeal Wanda Fransden, resident, spoke regarding second unit dwellings, and requested Attorney review for potential appeal Juanita Spellman, resident, spoke against second unit dwellings in the R1 Zone and requested that the City appeal the recent Court decision 1 Appointment of Real Property Negotiator Recommended action is to appoint the City Manager, Jeff Stewart, as the City's real property negotiator with respect to Fedex and Thomas Properties MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 1 MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to appoint Jeff Stewart Real Property Negotiator with respect to Fedex and Thomas Properties. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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)) — 2 matters City of El Segundo v City of Los Angeles, et al , LASC No BS094279 Yeaton v City of El Segundo, LASC Case No BS096351 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -1- matter Purchase of Real Property (Parcel Nos 4138 - 004 -016 (primary parcel), 4138 - 004 -008 and 4138- 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation/Thomas Properties SPECIAL MATTERS — 0 matter Council recessed at 6 50 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 4, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Fr Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes PRESENTATIONS — (a) Council Member Boulgandes presented a Proclamation encouraging the El Segundo community to observe Fire Prevention Week, October 9 through October 15, 2005, by practicing fire prevention and fire safety year -round and heeding the message "Use Candles with Care When you go out, blow out!" (b) Mayor McDowell presented a Proclamation to School Board Members, Chris Powell, Chris Sherrill, and Kathy Wiley, celebrating the El Segundo Public Schools Bond completion and inviting the community to loin in the celebration by taking a tour of the high school (c) Presentation by Dan O'Toole, Community Cable Program Manager, announcing a Public Meeting, Saturday, October 15, 2005 regarding the Time Warner Franchise Renewal. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present City Attorney Mark Hensley, announced Staff has received communications regarding item C -1 Downtown Specific Plan, and recommends Council postpone consideration until the October 18, 2005 Regular Meeting MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Gaines, to continue item C -1, amending the Downtown Specific Plan by expanding the current boundary and incorporating the commercially zoned parcels along the 200 block of West Grand Avenue located between the current westerly boundary of the Plan area and Concord Street MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 3 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 John McCarty, resident, spoke regarding LAX expansion issues A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Boulgarides, 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 C UNFINISHED BUSINESS 1 Consideration and possible action to amend the Downtown Specific Plan by expanding the current boundary and Incorporating the commercially zoned parcels along the 200 block of West Grand Avenue located between the current westerly boundary of the Plan area and Concord Street ACTION TAKEN EARLIER IN THE MEETING TO CONTINUE THIS ITEM TO OCTOBER 18, 2005 2 Consideration and possible action on an overview of the City of El Segundo's emergency readiness and capability. (Fiscal Impact None) Area G Coordinator Mike Martinet made brief comments Kevin Smith, Acting Fire Chief, gave a report Council consensus to reactivate the Disaster Preparedness Council (DPC) including bringing back to Council an Ordinance amending Section 2 -2 -4 of the ESMC to expand the DPC to Include an additional seat to be filled by members of the City Council on a rotating basis Council Member Boulgandes concurred Mayor ProTem Gaines also suggested adding a School District liaison Mike Martinet suggested the City use an Emergency Assessment Program to evaluate the City's preparedness Council directed staff to complete an Inventory of the personnel resources most able to respond to an emergency, an Inventory of water, food and similar items available to emergency responders and a method of distributing those supplies to the public MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 4 Council also directed staff to develop efforts to expand community based response programs, such as CERT, RACES and Super CPR Saturday and use the City's Neighborhood Watch Program model as a model of developing local and neighborhood emergency preparedness programs, thus creating an Emergency Preparedness Watch program Further, Council directed that an effective public outreach program be created, a partnership be formed with the El Segundo School District for educating children and an "Emergency Webpage" be developed Council Member Jacobson suggested scheduling a Special Council Workshop to address the stated emergency preparedness issues D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3 Consideration and possible action regarding a presentation by members of the Aviation Safety and Noise Abatement Committee (ASNAC) regarding comments submitted by the Committee on the Draft Environmental Impact Report (DEIR) for the LAX South Airfield Improvement Protect Richard Hurst and Chuck Deurwaerder gave an extensive report Council consensus to receive and file report and comments from members of ASNAC 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 2549408 to 2549651 on Register No 24 in the total amount of $749,758 74 and Wire Transfers from 9/9/2005 through 9122/2005 in the total amount of $1,422,409 43 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 September 20, 2005 6 Approved Agreement No 3535 with Cassidy & Associates and Agreement No 3536 with The MWW Group for work related to the City's efforts regarding Los Angeles International Airport, lobbying efforts in Washington, D C and obtaining federal funds (Fiscal Impact $184,000) Authorized the Mayor to execute the consultant agreements, effective October 1, 2005 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 5 Authorized the final acceptance of the Clubhouse HVAC Refurbishment (located at 300 E Pine Avenue) — Project No. PW 05 -04 (Final Contract Cost = $25,000), and for the Clubhouse Roof Refurbishment and Maintenance Project — Project No PW 05 -05 (Final Contract Cost= $16,921) Authorized the City Clerk to file Notices of Completion in the County Recorder's Office MOTION by Mayor ProTem Gaines, SECONDED by Council Member Busch to approve Consent Agenda Items 4, 5, 6 and 7 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor ProTem Gaines abstaining on item number 5, due to his absence from the September 20, 2005 meeting CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK —NONE REPORTS — CITY TREASURER K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Announced the Hazardous Waste Clean up on Hughes Way (Lot G), sponsored by Los Angeles County, Saturday, November 12 and the October 12, 6 00 P M meeting on R -1 property regarding design standards 8 Consideration and possible action to create an ad hoc committee to consider and make recommendations to the City Council regarding the implementation of the Aquatics Master Plan Council consensus to direct staff to identify the City's funding ability, possible sources for funding, composition of the committee and a possible time line for implementation 9 Consideration and possible action regarding a City Council Committee to discuss and make recommendations on the City's emergency services plans, including emergency preparation, notification and response ITEM DISCUSSED EARLIER IN THE MEETING UNDER ITEM C -2 Council Member Busch — Commented on the Mike Gordon Memorial Golf Tournament MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 6 Council Member Jacobson — Announced the up coming Richmond Street Fair He also noted that every weekend the Hyperion Plant was open from 9 a m to 3 p m for disposing of hazardous materials Mayor Pro Tern Gaines — Spoke regarding the Port of Long Beach, and the possibility of it becoming a terrorist target He recommended the City include representatives of that body to work on Emergency Operations Also spoke on the MAX meeting and the rising costs for fuel Mayor McDowell — Announced that October 14, 2005 is the Court date set for the City's law suit against LAX He also spoke regarding possible settlement agreements, and restrictions regarding their discussion He announced the City's guide post for moving forward 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 Ann Coles, PTA Council Safety Coordinator, commented on the City's efforts to include the schools in the emergency preparedness discussions and planning MEMORIALS — Karimeh Haddad, Mother of Honeywell employee, John Haddad, Clyde "Skip" Reed, father of local business owner Scott Reed. CELEBRATIONS — Claire Elizabeth Babbit, born to Tom and Erika Babbitt, Diego Alexander, born to Lennis and Edwin Gomerz ADJOURNMENT at 8 57 p m _ �.� Cindy Mdrtesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE NO 7