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2010 APR 06 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2010 — 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 Brann - Present Council Member Fisher Council Member Jacobson - Present - Present — arrived at 5:06 p.m. 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: Assistant City Attorney Karl Berger announced that Council would be meeting in closed session pursuant to the items listed on the agenda. 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- matter City of El Segundo vs. City of Los Angeles, et. al LASC Case No. BS094279 S & L Contracting vs. City of El Segundo, et. al. LASC Case No. BS125520 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters. Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters SPECIAL MATTERS: - 0- matter Council recessed at 6:40 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Father Alexei Smith, St. Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS a. Council Member Fisher presented a Proclamation announcing April 11 -17, 2010 as "Environmental Education Week ". b. Mayor Pro Tern Busch read the Proclamation announcing the month of April 2010 as "Sexual Assault Awareness Month" and designate April 21, 2010 as "Denim Day ". C. Mayor McDowell presented a Commendation to retiring El Segundo Police Chief David Cummings and extend well wishes and much happiness to him in his retirement from the City of El Segundo Police Department. 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. Elyse Rothstein, representing South Bay Work Force Investment Board, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 3 Gregorio Daniel, Representative of Teamsters Local 911, stated the Union was successful in reaching an agreement with the City. 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 Council Member Fisher 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) Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment for a proposed Addendum to a Mitigated Negative Declaration; 2) a General Plan Amendment to change the Land Use Designation from Corporate Office to 199 North Continental Boulevard Specific Plan; 3) a Zone Change to re -zone the property from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone; 4) a Zone Text Amendment to establish the 199 North Continental Boulevard Specific Plan; 5) a Specific Plan to allow a maximum floor area ratio (FAR) of 0.92 for a hotel use; and 6) a Development Agreement to provide public benefits in exchange for development rights and to allow a six -story, 71,005 square -foot, 152 -room hotel at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: $75,000 Contribution to parks and recreation capital improvement projects to benefit children) Mayor McDowell state that this was the time and place to receive testimony regarding: 1) an Environmental Assessment for a proposed Addendum to a Mitigated Negative Declaration; 2) a General Plan Amendment to change the Land Use Designation from Corporate Office to 199 North Continental Boulevard Specific Plan; 3) a Zone Change to re -zone the property from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone; 4) a Zone Text Amendment to establish the 199 North Continental Boulevard Specific Plan; 5) a Specific Plan to allow a maximum floor area ratio (FAR) of 0.92 for a hotel use; and 6) a Development Agreement to provide public benefits in exchange for development rights and to allow a six -story, 71,005 square -foot, 152 -room hotel at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC. City Clerk Mortesen stated that proper notice was completed and no written communications had been received by City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. Cynthia Morgan, attorney representing Fisher Properties Group, spoke on behalf of the applicant. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 4 MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Busch to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Assistant City Attorney Karl Berger read by title only: RESOLUTION NO. 4647 A RESOLUTION APPROVING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION FOR ENVIORNMENTAL ASSESSMENT NO. 844, GENERAL PLAN AMENDMENT NO. 09 -02, ZONE CHANGE NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, TO ALLOW THE CONSTRUCTION OF A SIX STORY, 152 ROOM, 71,005 SQUARE -FOOT HOTEL AT 199 NORTH CONTINENTAL BOULEVARD. MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Brann to adopt Resolution No. 4647 approving an Addendum to a Mitigated Negative Declaration for Environmental Assessment No. 844, General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03, to allow the construction of a six -story, 152 Room, 71,005 square -foot hotel at 199 North Continental Boulevard MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Assistant City Attorney Karl Berger read by title only: ORDINANCE NO. 1441 AN ORDINANCE APPROVING ZONE CHANGE NO. 09 -02, ZONE TEXT AMENDMENT NO. 09 -04, SPECIFIC PLAN NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, ADDING EL SEGUNDO MUNICIPAL CODE (ESMC) § 15-3 - 2(A)(6) AND AMENDING ESMC §§ 15- 3 -2(A) AND 15 -3 -1 FOR THE 199 NORTH CONTINENTAL BOULEVARD SITE REZONING AND 199 NORTH CONTINENTAL BOULEVARD SPECIFIC PLAN PROJECT. Mayor Pro Tem Member Busch introduced the Ordinance. Second reading and adoption scheduled for April 20, 2010. 2. Consideration and possible action to open a public hearing and receive public testimony concerning adopting a resolution supporting the proposed issuance of Recovery Zone Facility Revenue Bonds (RZFRB) by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $1,000,000 to finance the construction by SunEdison of a solar energy facility on the Whole Foods store located at 760 S. Sepulveda Blvd. (Fiscal Impact: None) Mayor McDowell state that this was the time and place to receive testimony regarding: adopting a resolution supporting the proposed issuance of Recovery Zone Facility MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 5 Revenue Bonds (RZFRB) by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $1,000,000 to finance the construction by SunEdison of a solar energy facility on the Whole Foods store located at 760 S. Sepulveda Blvd. City Clerk Mortesen stated that proper notice was completed and no written communications had been received by City Clerk's Office. Bill Crowe, Assistant City Manager, gave a report. MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 UNFINISHED BUSINESS MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt Resolution No. 4648 approving the issuance of Recovery Zone Facility Revenue Bonds by the California Statewide Communities Development Authority for the SunEdison California Portfolio. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 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 2576429 to 2576692 on Register No. 12 in the total amount of $1,486,273.54 and Wire Transfers from 3/4/10 through 3/25/10 in the total amount of $2,921,420.07. 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 March 16, 2010. 5. Accepted the project as complete for pavement rehabilitation of Main Street from Mariposa Avenue to Imperial Highway. Project No.: PW 09 -11, Federal Project No.: LAES 699 (Fiscal Impact: $199,013.38) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 6. Approved Change Order Number No. 1 in the amount of $216,772.09 and accepted the work as complete for the construction of the new Fire Station No. 2 at 2261 East Mariposa Avenue. Approved Capital Improvement Project. Project No.: PW 08 -06. (Fiscal Impact: $6,887,498.09) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 6 7. Approved revised Class oped thetexam nation classification Recreation Recreation Superintendent and app Superintendent. (Fiscal Impact: None) 8. Waived the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorized the Fire Department to purchase self- contained breathing apparatus equipment under a sole source purchase through Allstar Fire Equipment. The City will be reimbursed for these expenditures through the Urban Area Security Initiative Fiscal Year 2008 grant funding. (Fiscal Impact. $40,330.45) 9. Approved Amendment to October 1, 2007 — September 30, 2010 to the Memorandum of Understanding No. 4064 between the City of El Segundo ( "City ") and the California Teamsters, Public, Professional and Medical Employees Union, Local 911, Police Support Services Employees Bargaining Unit ( "Union "). MOTION by Council Member Brann, SECONDED by Council Member Fisher to approve Consent Agenda Items 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 10. Consideration and possible action to approve and sign an Agreement with the South Bay Regional Public Communications Authority to provide emergency police and fire dispatch services. (FY 2010/11 Fiscal Impact: Net savings projected to be $1,382,645). A one -time start up cost of approximately $519,000.00 will occur over FY 2009/10 and 2010/11. Dave Cummings, Police Chief, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to approve and sign Agreement No. 4065 with the South Bay Regional Public Communications Authority to provide emergency police and fire dispatch services. Authorized the City Manager to execute the ten (10) year Agreement. Modify the contract to define the Public Works channel as the City's channel. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY MANAGER REPORTS — CITY ATTORNEY REPORTS — CITY CLERK REPORTS — CITY TREASURER MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE NO. 7 REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Reported on the opening of the Community Garden. Announced the El Segundo l reunion on April Da Vinc2schoo0 at the Embassy Suites Hotel. Anno unced the exhibitions Council Member Fisher — Spoke on the Broadway in the Park event. Council Member Jacobson — NONE Mayor Pro Tern Busch — Spoke on the Mayor's Good Friday Breakfast, and the Teen Center. Mayor McDowell — 11. Consideration and possible action to formally endorse the Los Angeles County Strategic Plan for Economic Development; prepared by the Los Angeles County Economic Development Corporation and adopted by the County Board of Supervisors. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Jacobson to endorse the Los Angeles County Strategic Plan for MOT Economic IONPASSED BY UNANIMOUS VOICE VOTE 5 /Ocute the Endorsement Form. 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, II does Public on any item not on the agenda The Council w Communications is closed. — NONE MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 8:04 p.m. MINUTES OF THE REGULAR CITY COUNC IL MEETING INN PAGE NO. 8