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2011 MAR 15 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 15, 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 Council Member Brann - Present 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: 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- matters 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- Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter Position/Title: City Manager MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters City Negotiators /Representatives: Eric Middleton (Recruiting Consultant) and Mark Hensley, City Attorney Unrepresented Employee: City Manager Candidate 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 MARCH 15, 2011 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 15, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION— Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Council Member Brann announced the Recognition of the Bettye Poland the 2011 Outstanding School Crossing Guard of the Year. b. Lilly Craig and Rod Spackman of Chevron Products Company announced their sponsorship of the 2011 "Summer of Celebration" Special Event Series including the Fourth of July Community Celebration and Fireworks Spectacular, Concerts in the Park, and Shakespeare by the Sea, and presented a donation check. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Present 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. Julia Lee, Youth Manager for Tree Muskateers, spoke regarding the Arbor Day festivities. John Copleman, Del Air Neighborhood Association, spoke about their concern about a Walmart on Aviation Blvd. Kelly Watson, representing the Run for Education, spoke about the Run on Saturday, March 26, 2011, and a carbo -load spaghetti dinner on Friday evening. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 3 Barbara Briney, resident, spoke regarding the wonderful place that El Segundo is to live in. She expressed her gratefulness for the Council and all the public officials who serve the community. Samuel Pena, Consolidated Waste representative, spoke regarding their service to El Segundo and a possible extension of their contract. Mike Robbins, resident, spoke about the response to the helicopter crash at Raytheon. He also spoke regarding the signatures on the arguments submitted on Measure P. City Attorney announced that it is not appropriate for the Council or the speakers to campaign for or against any candidates or measures that will appear on an election ballot. Marc Rener, resident, spoke regarding an agenda item passed at the last meeting on Southern California Edison. He commented on the fact the funds in the grant are gathered from "rate- payers ". Loretta Frye, resident, spoke regarding statements made by seniors regarding a potential Walmart in El Segundo. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 15, 2011, 6:00 P.M. OPEN SESSION 1. SPECIAL ORDERS OF BUSINESS (To be considered after 7:00 p.m., this Special Meeting will be reconvened concurrently with City Council Regular Meeting and considered after first Public Communications on Regular Meeting Agenda) Council reconvened the Special Meeting of March 15, 2010 at 7:35 p.m. with all Council present. CONSIDERATION AND POSSIBLE ACTION TO APPOINT DOUGLAS WILLMORE AS CITY MANAGER EFFECTIVE APRIL 16, 2011. (Annual fiscal impact of $218,000 in base salary plus approximately $62,000 in benefits) Mark Hensley, City Attorney gave a brief staff report. MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to appoint Douglas Willmore as City Manager, effective April 16, 2011 and to approve Contract No. 4134. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ADJOURNMENT at 7:43 p.m. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 4 MOTION by Council Member Brann, SECONDED by Council Member Jacobson 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 (EA No. 911), and 2) a Development Agreement Amendment (DA No. 11 -01 (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 - $228,000 Contribution to improvements of Sepulveda Boulevard and to other public benefits). Mayor Busch stated that this was the time and place to conduct a public hearing and receive testimony regarding: 1) an Environmental Assessment (EA No. 911), and 2) a Development Agreement Amendment (DA No. 11 -01 (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 - $228,000 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 no written communication has been received in the City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. Council directed Staff to enter into negotiations with the developer to place in the agreement to not charge employees for parking to encourage them to park on site and to prohibit parking in residential zones. MOTION by Council Member Jacobson, SECONDED by Mayor Busch to continue the public hearing to April 5, 2011. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action to open a 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 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 5 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 no written communication has been received in the City Clerk's Office. Mark Hensley, City Attorney, stated staff has recommended continuing this item to the next City Council meeting in order to obtain more input from the business community. Marc Rener, resident, spoke regarding cities being held hostage and the abuse by certain people forcing the ADA requirements. MOTION by Council Member Jacobson, SECONDED by Council Member Fuentes to continue the public hearing to April 5, 2011. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS Mayor Busch suggested the public check the web site or contact the Council Office at (310) 524 -2302 for applications and information on upcoming vacancies on Commissions, Committees 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 2581264 to 2581453 on Register No. 11 in the total amount of $455,275.53 and Wire Transfers from 2/18/11 through 3/04/11 in the total amount of $672,813.30. 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 1, 2011. 5. Approved Memorandum of Agreement No. 4130 with the Regional Terrorism Information Integration System (RTIIS) participating agencies for El Segundo's continued participation in the Los Angeles Regional Integrated Law and Justice Project and authorize the City Manager to execute the appropriate documents. Additionally, authorize funding to configure and merge CopLink data to the Tiburon Records Management System (RMS). (Fiscal Impact: $51,000) Authorized the City Manager to execute the agreement, approved as to form by the City Attorney. Authorized the use of previously identified monies from the equipment replacement fund to pay the costs necessary to configure and merge police COPLINK data from the West Covina Service Group RMS to the Tiburon RMS in an amount not to exceed $51,000. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 6 6. Pursuant to El Segundo Municipal Code 1 -7 -10, waived the bidding process and authorized the Police Department to replace two Crown Victoria K9 patrol vehicles with new Ford Crown Victoria cars piggybacking on an existing Los Angeles County Sheriffs Department contract. (Fiscal Impact: $66,400) 7. Approved the fee waiver request for the amount of $2,178 from non - profit organization, Broadway in the Park, to waive the facility rental fees associated with a multi -day special event taking place July 24, 2011, through August 1, 2011, at the Softball Field in Recreation Park. (Fiscal Impact: None) 8. Approved the examination plan for Fire Equipment Mechanic. Fiscal Impact: None. 9. Authorized the City Manager to execute Professional Services Agreement No. 4131 with Nexus I.S. in the amount of $75,000 to provide technical support for current projects in the Information Systems division. (Fiscal Impact $75,000) 10. Awarded standard Public Works Contract No. 4132 to Kalban, Inc., for the 2010- 2011 annual contract for curb, gutter, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Program. Project No.: PW 11 -01 (Fiscal Impact: $46,997.86 Gas Tax Funds) Authorized the City Manager to execute the contract in a form as approved by the City Attorney. 11. Received and filed report without objecting to a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 Alcoholic Beverage Control License) at a new restaurant (Ragin Cajun) located at 2005 Park Place # B -2. (Fiscal Impact: N /A) 12. Approved Professional Services Agreement No. 4133 with RBF Consulting, to provide environmental review services pursuant to the California Environmental Quality Act (CEQA) for the Raytheon El Segundo South Campus Specific Plan Project. (Fiscal Impact: up to $473,628 Developer Reimbursed Trust Fund) Authorized the City Manager to execute a Professional Service Agreement for environmental review services approved as to form by the City Attorney in an amount not to exceed $473,628. MOTION by Council Member Fuentes, SECONDED by Council Member Brann to approve Consent Agenda Items 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding acceptance of a grant from the Federal Aviation Administration (FAA) of up to $5 Million to be used for the Residential Sound Insulation (RSI) Program. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 7 Greg Carpenter, Director of Planning and Building Safety, gave a report. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to accept a grant from the Federal Aviation Administration (FAA) of up to $5,000,000 and authorize the Mayor to execute the FAA Grant Agreement No. 4134. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Extended a welcome and congratulations to the new City Manager Doug Willmore. He also thanked the City Employees and the Council Members he has worked with. H. REPORTS — CITY ATTORNEY - He also welcomed the New City Manager. Council by unanimous decision settled with AT &T regarding the relocation of the untilites during the Douglas Street underpass construction. He also announced that he advised the Fire Chief that it was not unlawful to list his title on a ballot argument. He stated he was not aware of any prohibition on using job titles on ballot arguments. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Said good bye to Mr. Wayt, and welcomed Mr. Willmore. She also spoke regarding the evacuation on the Big Island of Hawaii. Council Member Brann — Thanked Jack Wayt for his service. He also welcomed Doug Willmore. Council Member Jacobson — Thanked Jack Wayt for his service. He also welcomed Doug Willmore. He also thanked Greg Carpenter for accepting the interim City Manager Position. Mayor Pro Tern Fisher — Spoke on the Arbor Day tree planting on Douglas Street. Thanked Jack Wayt for his service. He also welcomed Doug Willmore. Mayor Busch — He spoke regarding the Chamber Installation and Mike Rotolo taking over as President. Thanked Jack Wayt for his service. He also welcomed Doug Willmore. He also spoke on the Japan earthquake and the resulting devastation. 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 8 on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Ron Swanson, resident, spoke regarding Barbara Briney's comments and supports and echos her comments. Lorretta Frye, resident, thanked Jack Wayt. She confirmed with the Council that Walmart has not contacted the City. Liz Garnholz, resident, stated she had never been arrested by Jack Wayt. Marc Rener, resident, stated that one of the things people watch the most on Cable is the Council Meetings. He felt Mr. Willmore should address the public. Mike Robbins, resident, spoke regarding Council Member Brann's comments. He also spoke on budget items. Doug Willmore, new City Manager, stated to was an honor to be allowed to serve El Segundo. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT AT 8:42 P.M. Mir MUM& R - - - MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2011 PAGE NO. 9