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2008 FEB 19 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 19, 2008 - 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 Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - Present 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. Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) items were a threat of litigation regarding the Coleman Claim 07 -62 and the Henry Radio Claim 07 -48. 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 Pulido v. City of El Segundo, et al., Ninth Circuit Court of Appeals Case No. 06- 55539/06- 55798. Solomon vs. City of El Segundo, LASC Case No. BC372401. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- 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- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 1 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 recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 19, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Roger Kinsey, Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Jaime Byrne and Suzanne Gutterman of the Muscular Dystrophy Association made a presentation to El Segundo Firefighters for the funds raised during the Fill the Boot Campaign. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - 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. City Attorney, Mark Hensley, stated the restrictions on political campaigning during Council Meetings. Adam Gerrard, Tree Muskateers spoke on the Trees to the Sea, Arbor Day and donations that will be matched by a Federal Grant in the amount of one - hundred and ninety dollars per tree. Dickie VanBreen, Principal, Richmond Street School, spoke regarding the negative article written in the Herald on the parking at Richmond Street School. Mike Lewis, resident, spoke regarding the power outage on January 19. He spoke on the damage incurred and the letter received from the Southern California Edison regarding his loss. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to open a public hearing and receive testimony regarding 1) an Addendum to the previously Certified Final Environmental Impact Report ( "EIR ") for the Plaza El Segundo project located generally near the northeast corner of Sepulveda and Rosecrans Boulevards ( "Project "); 2) an amendment to the existing Development Agreement for the Project; and 3) an amendment to the existing Commercial Center (C-4) Zone development standards consistent with the proposed Amendment to the Development Agreement. The proposed Addendum, Development Agreement Amendment and the Zone Text Amendment would: allow for an increase in the Project development area from approximately 38.1 to 41.5 net acres and the maximum developable floor area from 425,000 to 448,829 square feet; allow for certain skin care uses, allow the sale of automobiles, and as an accessory use to the sale of automobiles the sale of automobile accessories, and automobile parts, not to exceed 5,000 square feet of leaseable floor area with at least 20% of the floor area devoted to the sale of retail products; modify setback requirements for environmental treatment structures, and permit LED signs for on -site advertising and art displays (the signs cannot be oriented towards public right of ways), The Project if amended would still be required to stay within the total traffic trip generation cap that was imposed on the original Project. (Fiscal Impact: None) Mayor McDowell stated this was the time place hereto fixed for a public hearing regarding an Addendum to the previously Certified Final Environmental Impact Report ( "EIR ") for the Plaza El Segundo project located generally near the northeast corner of Sepulveda and Rosecrans Boulevards ( "Project "); an amendment to the existing Development Agreement for the Project; and an amendment to the existing Commercial Center (C -4) Zone development standards consistent with the proposed Amendment to the Development Agreement. The proposed Addendum, Development Agreement Amendment and the Zone Text Amendment would: allow for an increase in the Project development area from approximately 38.1 to 41.5 net acres and the maximum developable floor area from 425,000 to 448,829 square feet; allow for certain skin care uses, allow the sale of automobiles, and as an accessory use to the sale of automobiles the sale of automobile accessories, and automobile parts, not to exceed 5,000 square feet of leaseable floor area with at least 20% of the floor area devoted to the sale of retail products; modify setback requirements for environmental treatment structures, and permit LED signs for on -site advertising and art displays (the signs cannot be oriented towards public right of ways), The Project if amended would still be required to stay within the total traffic trip generation cap that was imposed on the original Project. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 4 Kim Christensen, Planning Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4542 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO APPROVE AN ADDENDUM TO A PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT SUBMITTED BY ROSECRANS - SEPULVEDA PARTNERS 2, LLC, PERS PARTNERS, LLC, AND THE CITY OF EL SEGUNDO FOR ENVIRONMENTAL ASSESSMENT NO. 768 AND GENERAL PLAN CONSISTENCY TO DEVELOPMENT AGREEMENT NO. 07 -03 MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to adopt Resolution No. 4542 to approve an addendum to a previously certified final Environmental Impact Report submitted by Rosecrans- Sepulveda Partners 2, LLC, PES Partners, LLC and the City of El Segundo for Environmental Assessment No. 768 and General Plan Consistency to Development Agreement No. 07 -03. MOTION PASSED BY UNANIMOUS VOTE. 5/0 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1417 AN ORDINANCE REGARDING AN APPLICATION FROM ROSECRANS - SEPULVEDA PARTNERS, LLC APPROVING DEVELOPMENT AGREEMENT NO. 07 -03 (SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 03 -01) AND ZONE TEXT AMENDMENT NO. 08 -01 AMENDING SECTIONS 15-5G-2,15-5G-6(D), AND 15 -15G -9 OF THE EL SEGUNDO MUNICIPAL CODE, FOR THE PLAZA EL SEGUNDO DEVELOPMENT. Council Member Boulgarides introduced the ordinance. Second reading and adoption of the Ordinance scheduled for March 4, 2008. C. UNFINISHED BUSINESS 2. Consideration and possible action to approve a professional services agreement with Bernards in the amount of $404,366 to provide construction management services for the replacement of Fire Station 2. (Fiscal Impact: $404,366) Kevin Smith, Fire Chief, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 5 MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to authorize the City Manager to execute Professional Services Agreement No. 3786 with Bernards in the amount of $404,366 in a form as approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action regarding a recommendation to the City Council to approve the City's participation in West Basin Municipal Water District's "It's Time To Get Serious" Conservation and Water Use Initiative. (Fiscal Impact: None) MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to concur with recommendations from the City Council Environmental Subcommittee and the Water Conservation Committee to participate in the West Basin Municipal Water District's "It's Time To Get Serious" Conservation and Water Use Initiative and adopt Resolution No. 4543 in support of the West Basin Municipal Water District "It's Time To Get Serious" conservation and water use initiative. 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. 4. Approved Warrant Numbers 2564105 to 2564329 on Register No. 9 in the total amount of $867,897.96 and Wire Transfers from 1/25/2008 through 2/7/2008 in the total amount of $1,191,652.05. 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 regular City Council Meeting Minutes of February 6, 2008. 6. Approved a Data Transmission Network License Agreement No. 3787 with Equinix, Inc., in a form approved by the City Attorney, to install data transmission conduits in public streets for a private data network connecting Equinix's LA3 facility (1920 E. Maple Avenue) to Equinix's LA4 facility (445 N. Douglas Street) to connect the two data center facilities. Authorized the City Manager to execute. (Fiscal Impact: $10,000.00, annual license fee) 7. Approved the examination plan for the Personnel Merit System job classification of Water Maintenance Leadworker. (Fiscal Impact: None) 8. Authorized the City Manager to execute of two agreements with the State of California Franchise Tax Board agreements C0700162 (City Agreement No. 3788) and C0700163 (City Agreement No. 3789) for the sharing of business tax information. (Fiscal Impact: None) 9. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 6 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to approve Consent Agenda Item Numbers 4, 5, 6, 7 and 8. MOTION PASSED BY UNANIMOUS VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 9. Consideration and possible action to approve the addition of a Principal Planner position in the Planning and Building Safety Department. (Fiscal Impact: None) MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to approve the addition of a Principal Planner position in the Planning and Building Safety Department. (Fiscal Impact: None) MOTION PASSED BY UNANIMOUS VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK - Announced sample ballots would be in the mail the end of February. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Spoke regarding the simulated tsunami emergency drill held in conjunction with Los Angeles County. 10. Consideration and possible action regarding the potential construction of a public restroom and lifeguard facility at El Segundo Beach just south of the Los Angeles County parking lot at the end of Grand Avenue. (Fiscal Impact: None) MOTION by Council Member Boulgarides, SECONDED to Mayor ProTem Busch to authorize staff to negotiate with Chevron regarding the ground lease for the land needed for the restroom /lifeguard facility and continue ongoing efforts with the County of Los Angeles regarding potential funding for the project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Busch - Spoke on the "Trees to the Sea" event scheduled for March 8, 2008 and Opening Day for Little League and Softball League. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 7 Mayor Pro Tem Busch requested an item be agendized for the next meeting to schedule an Environmental Fair, possibly to coincide with the Farmers Market, July 3, 2008. Also requested that a Parking Subcommittee meeting be scheduled and requested a report regarding fiber optics in El Segundo. Mayor McDowell — 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, questioned the maintenance on the proposed public restrooms at El Segundo Beach. Also asked when the previously postponed air quality study would be done. She requested information on the parking structure sub - committee study and also what was being done with the fiber optics on Main Street. MEMORIALS — Garland Harper ADJOURNMENT at 8:25 p.m. w 4P t, Ni MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE NO. 8