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2006 MAY 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 16, 2006 - 5 00 P M CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgandes Council Member Fisher Council Member Jacobson Present - Present — arrived at 5 03 p m - Present - Present — arrived at 5 07 p m - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the Dragone Settlement 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)) — 5 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 Tom Jones v City of El Segundo, WCAB No MON 0330985 Tom Kennedy v City of El Segundo, WCAB No. AHM 0114150 Michael Guzman v City of El Segundo, WCAB No MON 0325480 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter 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) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 1 SPECIAL MATTERS -0- matter Council recessed at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 16, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 08 p m INVOCATION — Pastor John Feldschau of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Fisher presented a commendation to Ralph Lanphere, City Treasurer of the City of El Segundo, for his dedication to municipal service for which he has been awarded the Certified California Municipal Treasurers certification by the California Municipal Treasurers Association. (b) Council Member Boulgardies presented a Proclamation in recognition of all our volunteers and proclaiming May as Volunteer Recognition Month (c) Mayor McDowell) presented a Proclamation recognizing Floyd Carr as the 2006 El Segundo Senior Citizen of the Year, proclaiming the month of May, 2006 as Older Americans Month, and inviting the community to the Elderfest Celebration on May 20, 2006 from 11 00 a m. to 200pm ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgardes - Present Council Member Fisher - 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 Henry Stewart, resident and Aquatics Task Force Member, addressed the Aquatics Task Force procedure and the process for arriving at their recommendations to the Recreation and Parks Commission He expressed his support for Council approval MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 3 Barbara Briney, resident and Aquatics Task Force Member, spoke regarding possible funding for an aquatics facility to be built on school land with School District approval Cindee Topar, Recreation and Parks Commission Member, expressed the Commission's support of the aquatics project Chris Powell, School Board Member expressed the Board's support of the aquatics project He also stated there would be a savings to both the School District and the City for the project Reialia Freeman, AT &T, spoke regarding AB 2987 and AT &T's position on the bill She requested Council not go on records opposing AB2987 Juli Potter resident, spoke on item number 2, reactivation of the Imperial Avenue video camera, and item number 1, regarding the development standards for the single family residential zone. A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Mayor ProTem 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 Consideration and possible action regarding a presentation and discussion of changes proposed by the Council R -1 Subcommittee, to the El Segundo Municipal Code Title 15 Chapter 4A regarding the development standards for the Single - Family Residential R -1 Zone (Fiscal Impact None) Seimone Jurps, Planning and Building Safety Director, gave a report Received comments from the public regarding the proposed changes Craig Maples, Cam Construction, expressed his concern about the proposed FAR and the restriction placed on residents Anthony Hederyt, Architect and resident, expressed concern about the proposed FAR and the restrictions placed on residents, and the possible reduction in home values Cary Gerber, resident, expressed concern about the proposed FAR and the restrictions placed on residents He also questioned why the committee stopped meeting, and stated that he was under the Impression that compromises were being made and agreements being reached He also stated that there were good points and some bad points in the presentation He felt that the Committee was disbanded before compromises could be discussed MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 4 Juli Potter, resident, expressed her support of the R -1 restrictions MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to direct staff to proceed with the Zoning Code amendments and preparation of environmental review documents MOTION FAILED BY THE FOLLOWING VOICE VOTE AYES JACOBSON AND BOULGARIDES, NOES MCDOWELL, BUSCH AND FISHER 2/3 MOTION by Mayor McDowell, SECONDED, by Mayor ProTem Busch to direct staff to proceed with the Zoning Code amendments and preparation of environmental review documents with the recommendations to modify the FAR to 6 25 MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MCDOWELL, BUSCH AND FISHER, NOES JACOBSON AND BOULGARIDES 3/2 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Consideration and possible action regarding upgrade and reactivation of the Imperial Avenue video camera system for monitoring LAX aircraft overflights of El Segundo Council Member Jacobson gave a report MOTION by Council Member Jacobson, SECONDED by Mayor McDowell to accept the recommendation of the Aviation Safety and Noise Abatement Committee (ASNAC) to upgrade the video surveillance system, instruct staff to work with the Committee to develop a cost - effective video monitoring solution and report back to the City Council with their findings MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3 Consideration and possible action regarding a recommendation by the Recreation and Parks Commission to tentatively approve the configuration of a swim complex at El Segundo High School, 640 Main Street Stacia Mancini, Consultant, gave a report MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to tentatively approve an El Segundo Recreation and Parks Commission's recommendation for the concept of a two pool complex at El Segundo High School, direct staff to work with the El Segundo Unified School District ( "District ") regarding the preparation of the environmental review documents, and appoint subcommittee Council Members Busch and Boulgardes to explore and negotiate potential contract between the City and the District regarding the use and operation of the pool facilities (contract to be brought to Council in the future for consideration) 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 5 4 Approved Warrant Numbers 2553186 to 2553391 on Register No 15 in the total amount of $608,297 37 and Wire Transfers from 4/21/2006 through 5/4/2006 in the total amount of $578,690 87 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 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 6 Approved funding Fiscal Year 2004 -2005 continuing appropriations and open purchase orders in the Fiscal Year 2005 -2006 Budget 7 Approved the examination plan for the Personnel Merit System job classification of Human Resources Specialist 8 Second reading and adoption of Ordinance No. 1395 to amend the El Segundo Municipal Code regarding "Cafes' and "Coffee Shops " (Fiscal Impact None) 9 Approved Reimbursement Agreement No 3600 with REEFF America LLC for the processing of planning applications for a proposed extended stay hotel to be constructed at 888 North Sepulveda Boulevard (Fiscal Impact Approximately $45,000 — to be reimbursed by project applicant) Authorized the City Manager to execute the agreement as approved to form by the City Attorney, with REEFF America LLC 10 Second reading and adoption of Ordinance No. 1394 approving the transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC and extending the franchise until 2016. (Fiscal Impact $3,500 —estimated annual franchise fee) 11 Adopted Resolution No 4465 declaring tho City's intent to conduct a public hearing on June 20, 2006 regarding the issuance of a pipeline franchise agreement (Ordinance) to Chevron Pipeline Company for a period often (10) years (Fiscal Impact $3,000 estimated annual franchise fee) 12 Adopted Resolution No 4466 of the City Council authorizing the City Manager, or designee to authorize the County of Los Angeles to act on its behalf and apply for, receive, and appropriate grant funds from the California Integrated Waste Management Board for the 12th Cycle Used Oil Block Grant (Fiscal Impact None) 13 Adopted Resolution No 4467 authorizing submittal of Fiscal Year 2006 -2007 application to the California Department of Conservation for a grant authorized under the California Beverage Container Recycling and Litter Reduction Act (Fiscal Impact $5,000 in grant fund revenue) 14 Authorized the City Manager to approve the issuance of blanket purchase order for Fiscal Year 2005 -2006 in excess of $10,000 for Jazzy Gym, to provide on -site youth gymnastics services (Fiscal Impact $18,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 6 15 Authorized acceptance of $93,750 In grant funding from the U S Department of Homeland Security, Federal Emergency Management Agency (FEMA) and the Hazard Mitigation Grant Program, Project #1585- 11 -04, OES ID #037 -22412 Approved cost projections under the grant Include reimbursement for personnel time, consulting /contractor, advertising (public notice) and legal review (Fiscal Impact $93,750) Authorized the City Manager or designee to sign and execute all grant related documents, agreements, etc 16 Authorized acceptance of $24,323 In additional grant funding from the U S Department of Homeland Security, Office of Domestic Preparedness (ODP), under the Urban Area Security Initiative (UASI) for the Federal Fiscal Year 2005 (FY 2005) in order to receive reimbursement for ODP- approved training (Fiscal Impact- $24,350) MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to approve Consent Agenda Items 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council Member Jacobson not participating on Item number 10due to a possible conflict due to Interest in real property CALL ITEMS FROM CONSENT AGENDA 5 City Council Meeting Minutes of May 2, 2006 MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch, to approve the minutes with corrections to the Motion made on Item 9 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 17 Consideration and possible action regarding approval of an amendment to an Agreement with Nationwide Environmental Services, a division of Joe's Sweeping, Inc. to extend the Agreement for a three -year period for continued street sweeping services by exercising an option in the Agreement to extend the term (Fiscal Impact- $393,849 for street sweeping services over three years and as adjusted by fuel pricing adjustments provided for In the amendment.) Steve Finton, Public Works Director, gave a report MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to authorize the City Manager to execute the First Amendment In a form approved by the City Attorney to existing Agreement No 3168 with Nationwide Environmental Services a division of Joe's Sweeping, Inc to extend the agreement for a three -year period for continued street sweeping services MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 18 Consideration and possible action regarding the Issuance of a Request for Proposals for the development of an "alternate side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted (Fiscal Impact. $20,000 estimate of fee to develop alternative side street sweeping schedule) MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 7 Steve Fenton, Public Works Director, gave a report MOTION by Council Member Boulgarides, SECONDED by Mayor McDowell to authorize staff to Issue a request for proposals for the development of an "alternate side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK 19 Consideration and possible action regarding cancellation of the July 5, 2006 City Council Meeting. MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to approve cancellation of the July 5, 2006 City Council Meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 REPORTS — CITY TREASURER K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson - 20 Consideration and possible action regarding the City's position on AB 2987 (Nunez), the Digital Infrastructure and Video Competition Act of 2006, and HR 5252 (Barton), the Communications, Opportunity, Promotion, and Enhancement Act of 2006 (COPE Act) MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to authorize the Mayor to sign letters of opposition to state and federal telecommunications legislation, respectively known as AB 2987 and HR 5252 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council Member Boulgandes - Mayor Pro Tern Busch - 21 Consideration and possible action regarding a presentation and a discussion regarding assisted living facilities and nursing homes (Fiscal Impact None) Council consensus to receive and file staff presentation MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 8 MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgandes to direct staff to begin the process of amending the El Segundo Municipal Code to allow assisted living facilities and nursing homes in additional specified zones (GAC, MDR, MM in addition to the proposed Multi Family Residential Zone, as proposed by staff MOTION PASSED BY UNANIMOUS VOICE VOTE 4/1 AYES- MCDOWELL, BUSCH, BOULGARIDES AND FISHER NOES JACOBSON (due to the proposed location) Reported on his attendance at the Local Government Small Business Advisory Group and the upcoming fee increases Mayor McDowell — 22 Consideration and possible action regarding the approval and appointment of an ad hoc committee to plan the City's ninetieth (90th) anniversary celebrations in 2007 The committee will plan a set of events to honor the City of El Segundo's ninety (90) years of incorporation, plus arrange for the 90th anniversary theme to be included in the City's mayor events throughout the year (Fiscal Impact To be determined during the FY 2006/07 Budget Session) MOTION by Mayor McDowell, SECONDED to Council Member Jacobson to approve and appoint a Committee of Mayor McDowell and Council Member Jacobson to plan and develop events in 2007 in order to celebrate the City's 90th Anniversary MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 23 Consideration and possible action regarding the assignment of Council Members to various intergovernmental agencies, other local agencies and subcommittees MOTION by McDowell, SECONDED by Council Member Boulgandes to approve and implement assignments in attached Exhibit as amended MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Announced the Annual Authors Fair at the Library Announced the performance Sunday, May 21, 2006, 7 00 p.m at the Old Towne Music Hall of a new song written for El Segundo, Moonlight in El Segundo 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 $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Juli Potter, resident, stated her displeasure regarding the changes to the R -1 recommendations MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 9 Ted Lewis, resident, commented on the R -1 building recommendations and stated he felt that the recommendations still needed some refinement He felt a sliding scale needed to be adopted Edna Freeman, Resident, Thanked Mayor ProTem for his referrals on the Assis living and nursing homes to be allowed in certain zones C' . MEMORIALS — ADJOURNMENT 10 22 p m cAv' c Cindy Wortesen City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING May 16, 2006 PAGE NO 10 May 16,2006 - April 8,2008 %.titr {Y'r�;, �4<`t.$*w.+£a h " i v ,zr ; L^ ,W X ; �„b �, _ 3 ;xW.ow_ S• ' .. .i. * '{»ri`" r ✓ ,n,tL r� . { yyG.s ' ik Y "kE,kiM' " " tit "✓ '+ l x6 r S . ,v {{rv.yy'�.i'L .v C:,� c t „ �' (r'`/ � � V fi—S tiV�' a' "W"�ik se' ' r ° �C".hM,Ati` ,� }s i Aviation Safety & Noise Abatement Committee (Liaison) Carl Jacobson Bill Fisher City Selection Committee Kelly McDowell Prox as Needed Hyperion Citizens Forum Jim Boulgandes Carl Jacobson N/A Independent Cities Association (ICA)-52 cities education/advocacy Kelly McDowell N/A Independent Cities Risk Management Authority (ICRMA) Kelly McDowell N/A — (staff positions) League of California Cities Jim Boulgarides Bill Fisher Los Angeles County Sanitation District 5 and South Bay Cities District - SanDist Kelly McDowell Carl Jacobson Municipal Area Express Transportation MAX Carl Jacobson Bill Fisher Reach Out Against Drugs (ROAD) Kelly McDowell and Eric Busch, Pres is ex officio Santa Monica Bay Restoration Project- Bay Watershed Council SMBRP Jim Boul rides N/A Senior Citizen Housing Corporation Board Liaison Carl Jacobson Jim Bou! arides South Bay Cities Council of Governments (COG) [KM- steenng & Aviation, EB- AQMD, HLS- former MPTem, John Gaines] Eric Busch Kelly McDowell Bill Fisher Carl Jacobson Jim Boul des South Bay Economic Development Partnership (SBEDP ) Bill Fisher Jim Boul arides South Bay Youth Project Jim Boul ides Bill Fisher Southern California Association of Governments — General Assembly SCAG Eric Busch Jim Boulgarides West Briim Water Associationy Jim Boulgarides I N/A �ry C] /School Affairs Subcommittee Kelly McDowell and Jim Boul arides Technology Subcommittee Bill Fisher and Carl Jacobson Disaster Council Kelly McDowell and Carl Jacobson *Downtown Subcommittee effNov2005 re $250,000 exp Kelly McDowell *Athletic Fields Subcommittee Jun Boulgarides and Eric Busch *Aquatics Subcommittee Jim Boulgarides and Eric Busch Golf Committee-Standing Committee reconstituted 10/05/04 Carl Jacobson and Bill Fisher *R -1 zone Planning Subcommittee Carl Jacobson and Jim Boulgarides *Ci Seal Committee Jim Boul des and Carl Jacobson *Ci 's 90 Anniversary, January 2006, Subcommittee eff 5 116106 Kelly McDowell and Carl Jacobson *City/School — Contract Negotiations re Use & Operation of Pool Facilities eff 5/16/06 Jim Boulgarides and Eric Busch LA County West Vector Control District (by Council election in 2004 Sandra Jacobs 4 yr term up in 2008 LA County Emergency Preparedness Commission -Bd has not confirmed John's appointment as of 4118106, COG -Home Land Secure LS) John Gaines represents the City on both JOA Council/Council AIVCC Committee Assignments 051606 CC Committee Assignments- Extemal/Intemal doc