Loading...
2011 APR 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 5, 2011 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 5:00 p.m. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present — arrived at 5:05 p.m. Council Member Brann - Absent Council Member Fuentes - 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: Karl Berger, Assistant City Attorney, stated Council would be meeting in closed session pursuant to the items listed on the agenda and that regarding Government Code §54956.9(b), one case involves the claim filed by Time Warner Cable in a communication dated February 15, 2011 for $11,133, and the other case is based upon a claim filed by Shannon David, Inc. filed on or about March 1, 2011 for $48,745.47. 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 vs. City of Los Angeles, et. al. LASC Case No. BS094279 Dave Sharp vs. City of El Segundo WCAB No. LB00368014, LB00365756 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 1 Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 5, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Bishop Jim Hepworth, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS a. Council Member Fuentes presented a commendation in recognition of the Bettye Poland the 2011 Outstanding School Crossing Guard of the Year. b. Mayor Pro Tern Fisher presented a Proclamation announcing April as "Sexual Assault Awareness Month" and designate April 27, 2011 as "Denim Day ". ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Absent Council Member Fuentes - 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. Marc Rener, Resident; spoke regarding the warrants and wire transfers and the CalPers payments. Also spoke regarding the lawsuit on the Attorney's Impartial Analysis, Measure P. Sam Penia, Consolidated Disposal Services; announced annual spring cleaning and large items may be placed on the curb. For questions call Consolidated Disposal Services at 1- 800 - 299 -4898. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 3 Ashley Rios - Vasquez, representing Farchitecture BB, LLC, spoke on item number five. She stated that they would be selling in the business district and office buildings, not driving an ice cream truck around the residential district. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Fuentes, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to re -open a continued public hearing and receive testimony regarding: 1) an Environmental Assessment (EA No. 911), and 2) a Development Agreement Amendment (DA No. 11 -0 1 (First Amendment to Development Agreement No. 00 -02)) to allow an 88,847 square -foot office building at 888 -898 North Sepulveda Boulevard. Applicant: Realty Associates Advisors, LLC. (Fiscal Impact: $150,000 4228,000 Contribution to improvements of Sepulveda Boulevard and to other public benefits). Mayor Busch stated that this was the time and place to conduct a continued public hearing and receive testimony regarding: 1) an Environmental Assessment (EA No. 911), and 2) a Development Agreement Amendment (DA No. 11 -0 1 (First Amendment to Development Agreement No. 00 -02)) to allow an 88,847 square -foot office building at 888 -898 North Sepulveda Boulevard. Applicant: Realty Associates Advisors, LLC. (Fiscal Impact: $150,000 4228,000 Contribution to improvements of Sepulveda Boulevard and to other public benefits). City Clerk Mortesen stated that proper notice had been given in a timely manner and that one written communication has been received in the City Clerk's Office. Greg Carpenter, Acting City Manager, gave a report. Matt McKinnley, representing the applicant, offered to answer questions. Julia Lau, Resident; spoke about the parking on Washington Street. She requested the City address the parking situation on Washington Street. Marc Rener, Resident; spoke on the parking and traffic from the office buildings on Sepulveda. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 4 Staff directed to investigate solutions to the Washington Street parking issues. Karl Berger, Assistant City Attorney, read by title only: ORDINANCE NO. 1459 AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 00 -02 BETWEEN REALTY ASSOCIATES ADVISORS, LLC, AND THE CITY OF EL SEGUNDO AFFECTING A PROPOERTY LOCATED AT 888 -898 NORTH SEPULVEDA BOULEVARD. Council Member Fuentes introduced the ordinance. Second reading and adoption scheduled for April 19, 2011. 2. Consideration and possible action to re -open a continued public hearing and receive testimony regarding: 1) an Environmental Assessment for a Categorical Exemption; and 2) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") as it relates to nonconforming buildings and structures and to allow administrative adjustments for nonconforming buildings for incidental life safety repairs or upgrades and reasonable access accommodations for persons with disabilities. Applicant: City Initiated (Fiscal Impact: None) Mayor Busch stated that this was the time and place to conduct a continued public hearing and receive testimony regarding: 1) an Environmental Assessment for a Categorical Exemption; and 2) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") as it relates to nonconforming buildings and structures and to allow administrative adjustments for nonconforming buildings for incidental life safety repairs or upgrades and reasonable access accommodations for persons with disabilities. Applicant: City Initiated (Fiscal Impact: None) City Clerk Mortesen stated that proper notice had been given in a timely manner and that one communication had been received in the City Clerk's Office. Greg Carpenter, Acting City Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. Karl Berger, Assistant City Attorney, read by title only: ORDINANCE NO. 1460 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 5 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS. (EA NO. 862 AND ZTA NO. 10 -01) Mayor Pro Tern Fisher introduced the ordinance. Second reading and adoption scheduled for April 19, 2011. 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. PULLED FOR DISCUSSION BY MAYOR BUSCH 4. Approved Special City Council Meeting Minutes of February 28, 2011, March 14, 2011, and March 15, 2011; Regular City Council Meeting Minutes of March 15, 2011. 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 6. Authorized the City Manager to execute Agreement No. 4148, in a form approved by the City Attorney, with Bartel Associates, LLC for actuarial services to determine future medical costs of active and retired employees. (Fiscal Impact: $29,500) 7, Adopted Plans and Specifications for miscellaneous facility repairs. Project No. PW 11 -04, PW 11 -06 and PW 11 -07 (Fiscal Impact: estimated $101,000.00) Authorized staff to advertise the projects for receipt of construction bids. 8. Approved Change Order No. 1 for $8,380 and accepted the project as complete for the Recreation Park Phase III Field Lighting Project. Project No.: PW10 -07 (Fiscal Impact: $223,774). Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to approve Consent Agenda Items 4, 6, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 6 3. Warrant Numbers 2581454 to 2581724 on Register No. 12 in the total amount of $1,748,362.91 and Wire Transfers from 3/05/11 through 3/24/11 in the total amount of $2,776,920.43. MOTION by Mayor Busch, SECONDED by Council Member Jacobson, to approve Warrant Numbers 2581454 to 2581724 on Register No. 12 in the total amount of $1,748,362.91 and Wire Transfers from 3/05/11 through 3/24/11 in the total amount of $2,776,920.43. 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. 5. Consideration and possible action regarding obtaining a special permit from the City Council to approve Farchitecture BB, LLC doing business as Coolhaus, to peddle ice cream while driving an ice cream truck in the City and issue a business license. (Fiscal Impact: None) MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to authorize approval of a special permit from the City Council to approve Farchitecture BB, LLC doing business as Coolhaus, to peddle ice cream while driving an ice cream truck in the City and issue a business license. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. F. NEW BUSINESS 9. Consideration and possible action to adopt policy changes to the City's Residential Sound Insulation (RSI) Program. (Fiscal Impact: savings will allow for treatment of additional homes) James O'Neill, Program Manager, gave a report. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to authorize proposed changes to the prioritization of homes eligible for funding; (Establish an annual "cut -off date" of December 31st for homes to be included in the City's grant applications to LAWA; authorize air conditioning to be eliminated from eligible RSI Improvement and "Owner Upgrade "; and authorize Building Safety staff to revise the area for which higher standards are required for residential construction. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 7 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — None Council Member Brann —ABSENT Council Member Jacobson — Announced that FAA would be doing flight checks on test aircraft tonight on the inboard runway closest to El Segundo and it may increase noise. Mayor Pro Tern Fisher — None Mayor Busch — None 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. Marc Rener, Resident spoke regarding the City paid CalPers benefits. Julia Torres Lau, Resident; spoke about a fence being placed at Washington Park to stop balls from going into the yards of the resident. MEMORIALS — Alise Mae White, resident CLOSED SESSION — NONE ADJOURNMENT at 8:15 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE NO. 8