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2009 OCT 06 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 6, 2009 — 6:00 P.M. 6:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Busch at 6:00 p.m. ROLL CALL Mayor McDowell - Present - arrived at 6:02 p.m. Mayor Pro Tern Busch - Present Council Member Brann - 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. SPECIAL ORDER OF BUSINESS: 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) -1- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- 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 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0 matters MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 1 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 OCTOBER 6, 2009 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 6, 2009 - 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 Bill Fisher PRESENTATIONS a. Council Member Jacobson presented a Proclamation announcing October 4th through 10th as "Fire Prevention Week." b. Council Member Brann presented a Proclamation announcing October 17, 2009 as "National Tree Hugger Day." C. Presentation of Certificates of Commendation for the efforts and teamwork which saved the life of a swim participant at the Urho Saari Swim Stadium on August 27, 2009. d. Mayor McDowell presented a Proclamation announcing the month of October 2009 as "Family History Month." e. Presentation by the El Segundo Library introducing the "One City, One Book" event during October and November. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 3 Floyd Carr, Resident; spoke regarding the YMCA and the Mayor's Good Friday Breakfast and the donation by the Hacienda Hotel. He presented Council with a check, in the amount of $2227.50, for years 2008 and 2009, designated for operations at the Teen Center. Brandon Wong, Youth Manager at Tree Musketeers, announced the first series of residential street tree plantings. Gail Church, Resident; spoke regarding water conservation. Scott Gobble, Southern California Edison, introduced himself to the Council as El Segundo's representative. Joe Hardy, Resident and Manager of Hacienda Hotel, spoke regarding the Transient Occupancy Tax, and his opposition. Toni Reina, Continental Development Corporation, spoke regarding the filming ordinance and their support of unlimited filming outside of residential areas, and also extending the hours beyond the 10:00 p.m. limit for properties outside the residential limit area of 275 feet. Also spoke regarding their support of the water conservation ordinance. Char Franklin, Embassy Suites General Manager, spoke against the proposed increase of the Transient Occupancy Tax. Director of Sales at the Embassy Suites, also spoke against the proposed increase of the Transient Occupancy Tax. Kari Franklin, DoubleTree El Segundo, spoke against the proposed increase of the Transient Occupancy Tax. 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 Pro Tern 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 (PUBLIC HEARING) 1. Consideration and possible action to conduct a Public Hearing on the operating and capital outlay requests up to $75,000 in the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures will be utilized to supplement "front line law enforcement" (includes hiring officers, MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 4 funding special enforcement details, and purchasing equipment). (Fiscal Impact: $75,000 from COPS grant fund) Mayor McDowell stated this is the time and place hereto fixed a Public Hearing on the operating and capital outlay requests up to $75,000 in the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures will be utilized to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Mitch Travera, Police Captain, gave a presentation. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to adopt Resolution No. 4622 providing for the implementation of the Citizens Option for Public Safety (COPS) Program. MOTION PASSED BY UNANIMOUS VOTE. 5/0 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding directing staff to draft another proposed change to the City's film Ordinance (EI Segundo Municipal Code Section 4 -11) to include allowing potentially unlimited filming days in commercial and industrial areas that are not within 275 feet of residential properties. (Fiscal Impact: None) Mayor Pro Tem Busch not participating due to a possible conflict of interest regarding his employer. MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to direct staff to draft a proposed change to the ESMC filming Ordinance to include allowing 80 filming days in commercial and industrial areas east of Sepulveda Blvd. and south of El Segundo Blvd. that are not within 275 feet of residential properties. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 MAYOR PROTEM BUSCH NOT PARTICIPATING. MOTION by Council Member Fisher, SECONDED by Council Member Brann to direct staff to draft a proposed change to the ESMC filming Ordinance to include no time limits in commercial and industrial areas east of Sepulveda Blvd. and south of El Segundo Blvd. that are not within 275 feet of residential properties. MOTION FAILED BY THE FOLLOWING VOICE VOTE. AYES: FISHER, BRANN; NOES: JACOBSON, MCDOWELL. 2/2 MAYOR PRO TEM BUSCH NOT PARTICIPATING. Mayor Pro Tern Busch returned to the dais. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 5 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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 2573723 to 2574038 on Register No. 24 in the total amount of $6,869,291.89 and Wire Transfers from 09/04/09 through 09/24/09 in the total amount of $2,635,721.23. 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 Regular City Council Meeting Minutes of September 15, 2009 and Special City Council Meeting Minutes of September 17, 2009. 5. Waived the first reading and introduced Ordinance No. 1433 adding a new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water conservation methods. (Fiscal Impact: None). 6. Accepted $158,486 in grant funding from the U.S. Department of Homeland Security, through the Office of Grants and Training, under Fiscal Year 2008 Urban Areas Security Initiative (UASI) to pursue training and breathing equipment. (Fiscal Impact: $158,486) Authorized the City Manager to sign Agreement No. 4001 with the City of Los Angeles who will serve as grant administrator. 7. Approved the request from the El Segundo High School Alumni Association to allow a banner from the El Segundo High School Alumni Association to be hung over Main Street at no cost. (Fiscal Impact: $178) 8. Received and filed report without objecting to the modification of an existing Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine) at an existing restaurant located at 223 Richmond Street (Second City Bistro), EA No. 828 for AUP No. 09 -01. In addition, approved issuing an encroachment permit for 223 Richmond Street in accordance with El Segundo Municipal Code § 9 -2 -6. Applicant: Scott Reed c/o Second City Bistro (Fiscal Impact: N /A) 9. Approved Professional Service Agreement No. 4002 with RRM Design Group for Architectural and Engineering Service to develop conceptual and final design plans for construction of a new Beach Lifeguard Station at the El Segundo Beach (south end of the beach parking lot, at the end of Grand Avenue on Vista Del Mar) with storage, and public restrooms including a shower and drinking fountain. (Fiscal Impact: $294,554.00) Authorized the City Manager to execute the agreement in a form as approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 6 10. Adopted Plans and Specifications and authorized staff to advertize for bid the Seismic Strengthening of the 3.1 Million Gallon Water Reservoir at 400 Lomita Street— Project No. PW 09 -13. (Fiscal Impact: $1,500,000.00) 11. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 12. PULLED BY MAYOR MCDOWELL — TO BE AGENDIZED FOR A FUTURE MEETING 13. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 14. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 15. Authorized the City Clerk to file the City's Planning and Building Safety Director's Notices of Completion in the County Recorder's Office and authorized the City Manager to accept completion of work for 27 homes related to the City's Residential Sound Insulation Program's Group 29 (Project No. RSI 08 -17) (Final Contract Amount: $502,655.89) Authorized the City Manager, or designee, to close out Project No. RSI 08 -17. MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve Consent Agenda items 3, 4, 6, 7, 8, 9, 10, and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action to waive first reading and introduce Ordinance No. 1433 adding a new Chapter 10 -5 to the EI Segundo Municipal Code ( "ESMC ") regulating water conservation methods. (Fiscal Impact: None). MOTION by Council Member Jacobson, SECONDED by Council Member Brann to waive the first reading and introduce Ordinance No. 1433 adding a new Chapter 10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water conservation methods. (Fiscal Impact: None). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding the acceptance of the Douglas Street Gap Closure Project PW 05 -06. (Fiscal Impact: None) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to accept the work as complete on the Douglas Street Gap Closure Project PW 05 -06. (Fiscal Impact: None) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 7 13. Consideration and possible action to extend the City's agreement with MWW Group through September 30, 2010, for consultant and advocacy services related to the City's interests and efforts concerning Los Angeles International Airport. (Fiscal Impact: $87,000) 14. Consideration and possible action to amend the City's Agreement with Shute, Mihaly & Weinberger, for legal services to the City of El Segundo in connection with Los Angeles International Airport. (Fiscal Impact: $125,000) MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to extend the City's agreement with MWW Group through September 30, 2010, for consultant and advocacy services related to the City's interests and efforts concerning Los Angeles International Airport. (Fiscal Impact: $87,000) Authorize the Mayor to execute the agreement with the MWW Group; Amend the City's agreement with Shute, Mihaly & Weinberger, for legal services to the City of El Segundo in connection with Los Angeles International Airport. (Fiscal Impact: $125,000) Authorize the Mayor to execute an amendment to Contract No. 3649 with Shute, Mihaly & Weinberger, in a form approved by the City Attorney. City Manager asked to find funding in the General Fund, rather than funding from the reserves. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 16. Consideration of whether to deny a proposal to allow: 1) the construction of a six -story, 71,005 square -foot, 152 -guest suite hotel in -lieu of a six -story, 61,104 square -foot, 167 -room hotel involving a change in brand from an Aloft Hotel to a Cambria Suites Hotel; and 2) a Specific Plan to allow a maximum floor area ratio (FAR) of 0.92 at 101 Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: N /A) Greg Carpenter, Director of Planning & Building Safety gave a brief presentation. Council consensus to approve the request of JF El Segundo Owner, LLC to allow for the construction of a 71,005 square -foot, 152 -guest suite hotel with a 0.92 FAR. The applicant may submit an application, including, without limitation, environmental documentation to comply with the requirements of the California Environmental Quality Act ( "CEQA "), a Conditional Use Permit, and a Specific Plan. G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER - None MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 8 K. REPORTS - CITY COUNCIL MEMBERS Council Member Brann — Spoke on his open office hours, and the residents' response. Announced he will not be present on October 20, 2009 Council Meeting. Council Member Fisher — Congratulated his son's Flag Football team for a 5/0 winning record. Council Member Jacobson — 17. Consideration and possible action regarding introduction and first reading of an Ordinance amending El Segundo Municipal Code § 1 -4 -4 to allow City Council meetings scheduled for the same date as any regular or special election as defined by Election Code § 318 to be held on election day. (Fiscal Impact: None) Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1434 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 1 -4 -4 RELATING TO CITY COUNCIL MEETINGS. Council Member Jacobson introduced the ordinance and requested the second reading be scheduled for November 3, 2009. Mayor Pro Tern Busch — 18. Consideration and possible action to direct staff to prepare necessary documents to return the Transient Occupancy Tax to the pre -1996 rate of 10% on the April 2010 ballot. (Fiscal Impact: Approximately $1,053,000) Council requested that staff not pursue this item at this time. Spoke regarding the Richmond Street Fair. Mayor McDowell — Spoke regarding the County of Los Angeles, Civil Grand Jury's request for volunteers. Also announced free Clinic for H1 N1 Flu shorts on November 14, 2009 to be held at the Joslyn Center. 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. - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 9 MEMORIALS — Gail Stevenson, Resident. CLOSED SESSION - NONE ADJOURNMENT AT 8:45 P.M. 9=/I,,- MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE NO. 10