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2004 APR 20 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of videotapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, If you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2004 - 5:00 P.M. 5:00 P.M. SESSION — CANCELED - NO ITEMS OF BUSINESS (Regular Meeting to be adjourned to 7:00 p.m.) * �Ilii SEGlS� SPECIAL AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of videotapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessi to this meeting. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2004 — 6:00 P.M. CALL TO ORDER INVOCATION — Fr. Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — Presentation and recognition of the Election Poll workers and Election night workers for their valuable services rendered to The City of El Segundo during the April 2004 Municipal Election. ROLL CALL 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. CONSENT AGENDA Warrant Numbers 2539961 through 2540210 on Register No. 13 in the total amount of $902,675.58 and Wire Transfers from 3126/04 through 4/9/04 in the total amount of $308,408.01. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 2. City Council Meeting Minutes of April 6, 2004. Recommendation — Approval. NEW BUSINESS 3. Consideration and possible action regarding the adoption of a resolution reciting the fact of the General Municipal Election held on April 13, 2004, declaring the results. Recommendation — 1) Read Resolution by title only; 2) Adopt Resolution; 3) Comments from Seated Council; 4) Alternatively, discuss and take other possible action related to this item. 4. Consideration and possible action regarding Administering Oath of Office to City Clerk, City Treasurer and Council Members. Recommendation — 1) Presentation of Certificates of Election; 2) Swearing in of Elected Officials; 3) Alternatively, discuss and take other possible action related to this item. REPORTS — City Manager ADJOURNMENT — City Clerk RECEPTION IMMEDIATELY FOLLOWING FOR OUTGOING AND INCOMING COUNCIL MEMBERS 4 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of videotapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — City Clerk ROLL CALL 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 $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action regarding Election of Mayor and Mayor Pro Tern by seated Council Members. Recommendation — (1) By motion, elect Mayor; (2) By motion, elect Mayor Pro Tem; (3) Alternatively, discuss and take other action related to this item. REPORTS — CITY MANAGER REPORTS — CITY ATTORNEY REPORTS — CITY CLERK REPORTS — CITY TREASURER REPORTS — CITY COUNCIL MEMBERS ADJOURNMENT POSTED: DATE: Y-15-04 TIME: S 0 NAME: %D{ T^ ``�UJ6YY�cNVVV� s N —U W C C i3 LLJ a C 6 Q O � y Z F �rcy Q W g6 F 7 W3 03 Q O U Q 3 p LL i 2m N � N N H WO Q y r ffi F p a 0 U Oz�npFF�F� LL om3 i IOi �w 9 j W �'O {$j jp -y -y�W�ll nC' £ $ as m m 2�W mNQEm OF���LLLLW�n IFS < .i•'s �rLL�'5n S2 15 wl. 5 W § F m n n E a O � c p LLOU, 'o O $ n N O f a= b O 11 II LL II W' Q U — LL U C LL Q N x 0 DEPT# 1101 1201 1300 2101 2201 2401 2402 2500 2601 2900 6100 6601 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF APRIL 08, 2004 REGISTER #13 NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT City Council City Treasurer City Clerk City Manager City Attorney Economic Development Planning Administrative Services Government Buildings Nondepartmental Library Community Cable PUBLIC SAFETY 3100 Police 3200 Fire 2403 Building Safety PUBLIC WORKS 4101 4200 4300 4601 4801 Engineering Streets Wastewater Equipment Maintenance Administration COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS 94.75 178.21 1,658.73 147.89 5,311.21 1,056.44 916.31 10,908.25 20,930.48 113,227.94 8,680.92 53.51 $163,164.64 37,476.19 8,021.51 168.85 $45,666.55 413.40 13,586.00 6,018.44 1,226.34 8.490.50 $29,734.68 20,734.83 $259,300.70 $4,500.00 $638,874.88 TOTAL WARRANTS $902,675.58 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present — arrived at 5:05 p.m. Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present — arrived at 5:05 p.m. City Attorney Mark Hensley announced the following The five matters pertaining to Government Code Section 54956.9(c) are LAX and condemnation regarding the four properties identified under Real Property issues. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) 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 Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 In Re Los Angeles County Municipal Storm Water Permit Litigation, Lead Case No. BS 080548, Related Cases: BS 080753, BS 080758, BS 080791, BS 080792 and BS 080807. 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): -5- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 4 matters Real Property Negotiator: Mary Strenn, City Manager Potential purchase price for four (4) properties for the Douglas Street extension project: APN Nos. 4138 - 011 -019 4138 - 010 -010 4138 - 011 -006 4138 - 011 -036 SPECIAL MATTERS — None Council moved into open session at 6:59 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — (Interim) Pastor Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick PRESENTATIONS — (a) Council Member McDowell made a Presentation to El Segundo Police Officer Mike Gill, Medal of Valor recipient, proclaiming April 29, 2004 as Medal of Valor Day in El Segundo. (b) Mayor ProTem Jacobs presented a Proclamation to Tree Musketeers proclaiming April 24, 2004 as Earth Day in El Segundo. (c) Council Member John Gaines introduced Nancy Beard, Secretary- Treasurer of the California Parks and Recreation Society who presented an Award of Excellence to the City for producing the award - winning "Inside El Segundo Recreation & Parks' brochure. (d) Council Member John Gaines introduced Tina Pasco, Executive Director of the Los Angeles County Chapter of MADD (Mothers Against Drunk Drivers) who presented to the City and to El Segundo Police Officer Aaron Corkins, for keeping our streets safe from impaired drivers. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick 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 APRIL 6, 2004 PAGE NO. 3 Adam Mozena, Tree Musketeer, encouraged the Council to adopt the California Sycamore as the official tree of El Segundo. Angelica Roque, Tree Musketeers, spoke regarding the Earth Day event, and the wildfire project. Tara Church, Tree Musketeers, spoke regarding the median strip on Imperial Highway, and the Tree Musketeers efforts to populate the area with trees. She announced that an agreement had been reached with the City of Los Angeles to plant California Sycamore Trees from Pershing to California on the median. Ted Dickton, resident, spoke on numerous subjects. Tom McEllory, resident, spoke regarding the Mayor's term Mike Briney, representing the Church of Later Day Saints, spoke regarding the impact on local churches during sponsored runs and walks. Jeffery Prang, representing Lee Baca, Sheriff of Los Angeles County, and his support of item number 12, the submission of a grant proposal to the Department of Homeland Security for the purchase of Fire Department equipment. Dan Erhler, Chamber of Commerce, spoke in favor of naming the alley by Cooks Market, Market Place, and the approval of the bid to replace the stepping- stones in downtown. Juli Potter, resident, spoke regarding the stepping- stones and wanted to know who was paying for them, and why the price had increased. She also requested clarification of item number 10, the license agreement with the Air Force Base, item 11. the purchase of the property to complete the Douglas Street Gap Closure, and item 15, property for the Douglas Street Gap Closure. She also stated she was against the naming of the alley way. Chris Powell, representing the El Segundo Unified School District, spoke regarding item number 13, the sale of the school district property on West Imperial. Chuck Krolikowski, Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, representing owners of certain property located at 601 Hawaii Street stated he would speak on item number 15. Joe Brandon, resident, spoke regarding the tree planting on Main Street and the California Sycamore Tree. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 4 B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 638 and Subdivision No. 04 -1 for a stay of a previously approved Vesting Tentative Tract Map No. 53570. The Vesting Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -El Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Segundo (CAGES). Council Member Wernick left the dais due to a potential conflict regarding her spouse's employer (Federal Express). Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 638 and Subdivision No. 04 -1 for a stay of a previously approved Vesting Tentative Tract Map No. 53570. The Vesting Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -El Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Segundo (CAGES). City Clerk Mortesen stated that proper notice was completed and no communication had been received in the City Clerk's Office. Jim Hanson, Community, Economic and Development Services Director, gave a report. Jim Boulgerides, resident, spoke regarding the vote of the people and hopefully move forward with the project. Stated that he supported the Planning Commission approval. Dennis Winston, representing Kilroy and Cages, supported the appellant and requested Council overturn the Planning Commission decision. Tom Richie, Vice Present of Thomas Properties, spoke in favor of Council approving the Planning Commission decision. Dan Erhler, Chamber of Commerce, spoke in favor of the Planning Commission approval. Resident spoke in favor of the Council approval of the Thomas Properties project. Dale Goldsmith, representing the applicant TPG, responded to arguments presented by Dennis Winston, representing Kilroy and Cages. Juli Potter, resident, spoke in favor of the appellant (Kilroy and Cages) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 5 Gail Church, resident, spoke regarding the high caliber of the project that Thomas Properties was proposing and stated her support for Council approval of the Planning Commission decision. Council consensus to close the public hearing. Mark Hensley, City Attorney, read the following change into the record: Section 3 of the Resolution is to be corrected to read ... "This application for a stay does not affect any of the findings in the FEIR as the stay would not result in any new significant impacts..." Mark Hensley, City Attorney, read the resolution by title only: RESOLUTION NO. 4370 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING ENVIRONMENTAL ASSESSMENT NO. 638 AND SUBDIVISION NO. 04 -1 FOR A STAY OF VESTING TENTATIVE TRACT MAP NO. 53570 FOR PROPERTY AT 700 -800 NORTH NASH STREET MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4370 upholding the Planning Commission's decision, thereby approving Environmental Assessment No. 638 and Subdivision No. 04 -1 for a stay of vesting Tentative Tract Map No. 53570 for property at 700 -800 North Nash Street. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. COUNCIL MEMBER WERNICK NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT REGARDING HER SPOUSE'S EMPLOYER. Council Member Wernick returned to the dais. C. UNFINISHED BUSINESS Consideration and possible action to give Premiere Golf Inc. Centers, LLC notice of the City's intention to terminate the current golf course management and concession agreements at the Lakes at El Segundo (The Lakes estimated effective date is May 2004); authorize the Mayor to execute month -to -month management and concession agreements with American Golf Corporation, LLC (AGC, LLC), including granting AGC, LLC an exclusive right to negotiate a lease or long term management agreement with AGC, LLC for the Lakes at El Segundo; approve refinancing the City of El Segundo's portion of the 1992 Association of Bay Area Governments (ABAG) Certificates of Participation (Bonds /COP) for the golf course; appropriate $2,500 for additional staff time during the transition; authorize the City Manager to execute agreement in a form approved by the City Attorney with Fieldman, Rolapp and Associates as financial advisors and with Burke, Williams, and Sorensen as the Bond and Disclosure Counsel on refinancing the 1992 ABAG Certificates of Participation; MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 6 and authorize the City's auditors to assist in the management transition by performing an audit of the existing golf course financial statements. (Fiscal Impact $211,500). John Gaines left the dais at 8:30 P.M. City Manager, Mary Strenn gave a report. John Gaines returned to the dais at 8:35 P.M. City Attorney Mark Hensley announced the following corrections: Concession Agreement, section 7.3 change to cost of goods and, Management Agreement to include property insurance terms. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to: (1) Authorize the City Manager to give Premiere Golf Inc. Centers, LLC notice of the City's intention to terminate the current contracts for management and concession services based upon the date that AGC, LLC will be ready to operate the golf course; (2) Authorize the Mayor to execute month -to -month management agreement number 3321 and concession agreement number 3322 with AGC, LLC to manage the Lakes at El Segundo, including granting AGC, LLC an exclusive right to negotiate a lease or long -term management agreement of the Lakes with the City of El Segundo; (3) Authorize staff to proceed with refinancing the 1992 ABAG Golf Course COP; (4) Appropriate $2,500 for additional staff time towards facilitating the management transition; (5) Authorize the City Manager to execute agreements in a form approved by the City Attorney with Fieldman, Rolapp and Associates as financial advisors Agreement No. 3323, and with Burke, Williams, and Sorensen, Agreement No. 3324, as the Bond and Disclosure Counsel on refinancing the 1992 ABAG Certificates of Participation; (6) Authorize City's auditors to perform an audit of the existing golf course financial statements with the corrections announced by the City Attorney. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: GORDON, JACOBS, GAINES AND MCDOWELL. NOES: WERNICK 4/1 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding age requirement for Park Vista Senior Housing applicant, be changed from 55 to 62 years of age to be eligible. (Fiscal Impact — None). MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines, to approve the recommendation from Park Vista Senior Housing Corporation Board to change age requirement at Park Vista from 55 to 62 years of age„ and allow all residents currently on the waiting list for Park Vista Senior Housing as of April 6, 2004 be grand fathered in when space is available, even if they are not 62 years of age as of April 6, 2004. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 7 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 2539592 to 2539960 on Register No. 12 in the total amount of $1,433,946.49 and Wire Transfers from 3/5/2004 through 3/25/2004 in the total amount of $1,057,941.19. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 5. Approved City Council Meeting Minutes of March 16, 2004. 6. PULLED FOR DISCUSSION BY MAYOR GORDON 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. Adopted Resolution No. 4371 declaring emergency in accordance with Public Contracts Code Section 20168 by 4/5s vote and approved Contract No. 3325 with Advanced Fuel Filtration Systems, Inc., PW 04 -05 for emergency repairs to the City's Maintenance Facility at 150 Illinois Street on underground fuel storage system (Fiscal Impact $9,645) and authorized the City Manager to sign the contract on the City's behalf. 10. Approved License Agreement No. 3326 with the U.S. Air Force Base 61St Air Base Group for installation of a communication conduit across El Segundo Boulevard, between Aviation Boulevard and Douglas Street. Authorized the City Manager to execute the agreement on behalf of the City. 11. Authorized the City Manager to execute Agreement No. 3327 with Metalore, Inc., 750 South Douglas Street, prepared by the City Attorney's Office, for acquisition of real property for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Project — (Estimated Cost $905,400). 12. Received and filed report regarding the submission of grant proposals to the Department of Homeland Security for the FY 2004 Federal Budget Year, for the purchase of Fire Department equipment. (Fiscal Impact — None). Authorized the Fire Chief and /or designee (Emergency Services Coordinator) to act as the authorized agent for the electronic grant submissions. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to approve Consent Agenda Numbers 4, 5, 9, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 8 CALL ITEMS FROM CONSENT AGENDA Consideration and possible action regarding a report on the power industry and its impact on the City's Utility User Tax revenues from the El Segundo Power Plant located at 301 Vista Del Mar. MOVED by Mayor Gordon, SECONDED by Mayor ProTem Jacobs to receive and the power industry and its impact on the City's Utility User Tax revenues from the El Segundo Power Plant located at 301 Vista Del Mar. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 7. Second reading by title only to adopt of Ordinance No. 1375 regarding an amendment to the El Segundo Municipal Code regarding uniform news rack locations and newspaper placement. Mayor ProTem Jacobs left the dais and did not participate due to her real estate interests on Main Street. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Ordinance No. 1375 regarding an amendment to the El Segundo Municipal Code regarding uniform news rack locations and newspaper placement. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: GORDON, GAINES, MCDOWELL; NOES: WERNICK; NOT - PARTICIPATING: JACOBS. 3/1/1 8. Consideration and possible action to award a contract for core drilling sidewalk for the installation of Heritage Stones along Main Street and Grand Avenue in the Downtown area - Project No. PW 04 -03 — Approved Capital Improvement Program (Contract amount $43,812). MOVED by Council Member Wernick, SECONDED by Council Member McDowell to award Contract No. 3328 to lowest responsible bidder, Malibu Pacific Tennis Courts, Inc. for core drilling sidewalk for the installation of Heritage Stones along Main Street and Grand Avenue in the Downtown area - Project No. PW 04 -03 — Approved Capital Improvement Program (Contract amount $43,812). Authorized the City Manager to execute the construction contract on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PR TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. Mayor ProTem Jacobs returned to the dais. F. NEW BUSINESS 13. Consideration and possible action on a notification of intent to sell 0.5 acres of property at 616 West Imperial Avenue by the El Segundo Unified School District (ESUSC) pursuant to California Government Code Section 54222 and California Education Code Sections 17464(a) and 65402(c). MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 9 MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to notify the School District that the City would like to enter into a 60 day period with the School District to investigate the possibility of purchasing the property at 616 West Imperial. The property disposition is in conformity with the General Plan pursuant to California Government Code Section 65402(c). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action regarding a request by the Chamber of Commerce and Mark Neumann, the developer of the parking garage project, to name the alley "Marketplace" between Main Street and Richmond Street from Grand Avenue to Pine Avenue. Mayor ProTem Jacobs left the dais and did not participate due to her real estate interests on Main Street. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve the request to name the alley, "Market Place" and authorize staff to erect four street name signs. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, GAINES, MCDOWELL; NOES: WERNICK; NOT - PARTICIPATING: JACOBS. 4/1/1 Mayor Pro Tem Jacobs returned to the dais. 15. Consideration and possible action to adopt three (3) resolutions finding and determining that the public interest, convenience and necessity require the acquisition of the properties at 2221 Park Place, 601 Hawaii Street, and 810 South Douglas Street for public purposes, and authorizing the commencement of eminent domain proceedings to acquire interests in such real properties for the Douglas Street Gap Closure /Railroad Grade Separation Project. (Estimated Cost $455,600). City Manager, Mary Strenn gave a brief staff report. Chuck Krolikowski, Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, representing owners of certain property located at 601 Hawaii Street stated his client's objections as stated in the letter submitted. He further stated that he was willing to work with the City to come to an agreement on all items. Farron Chavarria, County Department of Public Works, stated that these new concerns were being addressed and negotiations were still going ahead. A full offer was been made in January 2004. CT Reality representatives gave the Council a brief background and addressed the concerns of the tenants and owners of the property. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 10 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4372, finding and determining that the public interest, convenience and necessity require the acquisition of certain property for public purposes, 810 South Douglas, Resolution No. 4373, finding and determining that the public interest, convenience and necessity require the acquisition of certain property for public purposes, 2221 Park Place, Resolution No. 4374, finding and determining that the public interest, convenience and necessity require the acquisition of certain property for public purposes, 601 Hawaii Street. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 16. Consideration and possible action regarding City co- sponsorship and the waiver of fees for a charitable event known as "Keep LA Running ", a 5K Walk/Run and 1 OK Run to be held on July 11, 2004 from 8:00 a.m. until noon. MOVED by Mayor Gordon, SECONDED by Council Member Gaines to approve City co- sponsorship for a charitable event known as "Keep LA Running ", a 5K Walk/Run and 10K Run to be held on July 11, 2004 from 8:00 a.m. until noon. The event sponsors are to work with the city to address the concerns of churches impacted by this route. Also, the possible band playing during church hours is also to be addressed. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — Reported that the Council voted unanimously to dismiss the case regarding Los Angeles County Municipal Storm Water Permit Litigation, Lead Case No. BS 080548, Related Cases: BS 080753, BS 080758, BS 080791, BS 080792 and BS 080807. REPORTS — CITY CLERK — Reminded the Public of the upcoming election and announced the polling places. Also reported on the number of mail ballots sent out and the number returned. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke on the MTA regional hearing on reduction of bus routes. Council Member Gaines — Reported on the MAX board meeting. He announced that the buses that have been using diesel fuel, may be forced to comply with the environmental board and that would impact the funding for the MAX buses. He also reported on paramedic transports to RFK. Council Member Wernick — Spoke regarding the Special Olympics hosted by Health South. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 11 Mayor Pro Tem Jacobs — Gave a report on the SCAG meetings approving the regional transportation plan. Mayor Gordon — Spoke regarding the MTA Hearings, and the State of the City address. He also announced the ground breaking for the skateboard park. 17. Consideration and possible action to approve a resolution in support of the "Los Angeles County Public Safety and Homeland Security' /2 Cent Sales Tax Initiative" sponsored by Los Angeles County Sheriff Leroy D. Baca. MOVED by Mayor Gordon, SECONDED by Council Member Gaines to approve Resolution No. 4375 supporting the "Los Angeles County Public Safety and Homeland Security Yz Cent Sales Tax Initiative. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: GORDON, JACOBS, GAINES, MCDOWELL, NOES: WERNICK. 4/1 18. Consideration and possible action regarding the request by Tree Musketeers to declare the California Sycamore, the official City of El Segundo Tree. MOVED by Mayor Gordon, SECONDED by Council Member McDowell to approve the request by the Tree Musketeers to declare the California Sycamore, the official City of El Segundo tree. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, JACOBS, GAINES, MCDOWELL; NOES: WERNICK. 4/1 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. Lawrence Martin, resident, spoke regarding the downtown improvements. Joe Brandin, resident, spoke regarding the soccer fields and new fire station. Juli Potter, resident, spoke regarding alleged violations of the Brown Act, and read a letter from the District Attorney's Office. City Attorney Mark Hensley responded to the alleged violations. He further explained in detail his discussions with the District Attorney's Office. MEMORIALS — Jack Sperling, Katherine Bell, Esther Johnson, Howard Gray and Marion Coles. CELEBRATION — Birth of Elizabeth Jeanette Herbst, to David and Nathalie Herbst. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 12 ADJOURNMENT at 10:30 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 6, 2004 PAGE NO. 13 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action reciting the fact of the General Municipal Election held on April 13, 2004, declaring the results. COUNCIL ACTION: 1) Read Resolution by title only; 2) Adopt Resolution; 3) Comments from Seated Council; 4) Alternatively, discuss and take other possible action related to this item. BACKGROUND & DISCUSSION: The regularly scheduled Municipal Election for Council was held on April 13, 2004 for three (3) Council Members, City Treasurer and City Clerk. Staff recommends Council adopt the Resolution declaring the results. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution declaring results FISCAL IMPACT: NONE Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: -Yes —No ORIGINATED BY: DATE: 14, 2004 REVIE4Str, DATE: Mary y Manag er //y RESOLUTION NO. ,ZAF7 A RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD APRIL 13, 2004. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. A General Municipal Election was held in the City of El Segundo on Tuesday, April 13, 2004, as required by law; B. Notice of the election was given in the manner provided by law; C. Voting precincts were properly established, election officers were appointed, votes were cast, votes were received and canvassed and the returns made and declared in the time and manner required by the Elections Code for holding elections in general law cities; D. The City Clerk canvassed the returns of the election and certified the results to the City Council. These results are attached as Exhibit "A," received and incorporated by reference. SECTION 2: The whole number of ballots cast in the precincts, except absent voter ballots and provisional ballots, was The number of absent voter ballots cast in the City was the whole number of provisional ballots cast in the City was 75 making a total of ballots cast in the City. SECTION 3: The names of persons voted for at the election for Members of the City Council are as follows: CITY COUNCIL Eric Busch Jim Boulgarides Sandra Jacobs Carl Jacobson Bill Fisher Nancy Wernick CITY TREASURER Ralph Lanphere CITY CLERK Cindy Mortesen -1- L A+y SECTION 4: The number of votes given at each precinct and the number of votes given in the City to each of the persons named above for the respective offices for which the persons were candidates are as listed in attached Exhibit A. SECTION 5: The City Council declares and determines that , , and were elected as Members of the City Council for full terms of four years; Ralph Lanphere was elected as City Treasurer for a full term of four years; and Cindy Mortesen was elected as City Clerk for a full term of four years. SECTION 6: The City Clerk is directed to enter in the City's records a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The number of votes given at each precinct to each person; and (4) The total number of votes given to each person. SECTION 7: The City Clerk will immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk will also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and will have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they have been elected. SECTION 8: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 9: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 20th day of April 2004. Mike Gordon, Mayor -2- CERTIFICATION � try STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of April 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20th day of April 2004. APPROVED AS TO FORM: Mark D. Hensley, City Attorney Lo Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Karl H. Berger, Assistant City Attorney -3- / w § � \ � 4 u w 0 / a / b � w u (0) d w Q u � u )$2 � \\ Q) =1 8){ ))\ &]@ 2 =a ] k \ \/) ƒ6)A ƒ §$\ §2); k�ak \\k\ \\\/ » § e g \/0 2� \ \� \�( � 0 � � \k z/ )§ ■� § )\ $ 2k $k } � \§\ u E _ u §2 \ ] ) ° 00 © 2\ \ \ \�( ■ > &ƒ /K {\ , ■ 7 } » \ § ] Rf4 r > &ƒ /K {\ , ■ 7 } » 9 \/o § / n \� � \§ �@ q� } n � EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action regarding election of Mayor and Mayor ProTem by seated Council Members. RECOMMENDED COUNCIL ACTION: 1) Clerk receives nominations for Mayor; 2) Mayor receives nominations for Mayor Pro Tem; 3) Alternatively, discuss and take other possible action related to this item. BACKGROUND & DISCUSSION: Government Code § 36801 states that the city council shall meet at the regularly scheduled meeting next following the meeting at which the declaration of the election results was made pursuant to Section 10263 of the Elections Code and choose one of its number as mayor, and mayor pro tem. ATTACHED SUPPORTING DOCUMENTS: Copies of Government Code §36801 FISCAL IMPACT: NONE Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: -Yes _ No Mary Stre , City Manager % WAIS Document Retrieval CALIFORNIA CODES GOVERNMENT CODE SECTION 36801 -36815 36801. The city council shall meet at the regularly scheduled meeting next following the meeting at which the declaration of the election results was made pursuant to Section 10262 or 10263 of the Elections Code and choose one of its number as mayor, and one of its number as mayor pro tempore. Page I of 1 http: / /www.leginfo .ca.gov /cgi- binlwaisgate? WAISdocID= 88101320676 +0 +0 +0& WAISactio... 4/13/04