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2012 Mar 06 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2012 — 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 Fuentes - Present Council Member Jacobson - Present Council Member Brann - 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: 1. Consideration and possible action to appoint the City Attorney as labor negotiator with regard to the City Manager position. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to appoint Mark Hensley, City Attorney as labor negotiator with regard to the City Manager position. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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): -2- matter, Claim 10 -35 - Wyle MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 1 Claim 12 -12 - Willmore 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: City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters Unrepresented Employee: City Manager City's Negotiator: City Attorney 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 6, 2012 PAGE NO.2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2012 - 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) Mayor Busch presented a Proclamation to the Tree Musketeers proclaiming March 10, 2012 as California Arbor Day. (b) Chevron Presentation to the Tree Musketeers as sponsor for Arbor Day. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Fuentes - Present Council Member Jacobson - Present Council Member Brann - 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. Linda Cohen, El Segundo Concert Band, spoke regarding their upcoming Concert at the El Segundo Performing Arts Center. Marc Rener, resident, spoke about the former City Manager's lawsuit against the City. Mike Robbins, resident, spoke regarding his time on the City Council from 1992 to 1996 and the former City Manager's lawsuit against the City. A. PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO, 3 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. 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 to: 1) approve Environmental Assessment No. 890 certifying the Environmental Impact Report (EIR) for the 540 East Imperial Avenue Specific Plan Project including the Mitigation Monitoring and Reporting Program (MMRP); 2) adopt a Statement of Overriding Considerations; and 3) approve General Plan Amendment No. 10 -03, Specific Plan No. 10 -03, Zone Change No. 10 -01, Zone Text Amendment No. 10 -06, Development Agreement No. 10 -02, Subdivision No. 10 -01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with conditions. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: N /A) Clerk Domann stated that proper noticing of the hearing was done and no written communications had been received in the City Clerk's Office. Kim Christenson, Planning Manager gave a report and noted the following changes to the Ordinance: SECTION 10: ESMC § 15 -3 -1 is amended to delete "PRD planned residential development zone." SECTION 11: ESMC Chapter 15 -4D is deleted in its entirety.. Jeff Yantz, El Segundo Unified School District Superintendent, spoke regarding the project. Mr. Massori, Consultant, gave a presentation and addressed Council questions. Tim Truax, resident, spoke in favor of the project. Ron Swanson, resident, spoke in favor of the project. Council consensus to close the public hearing. Mark Hensley, City Attorney, read by title only: RESOLUTION A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 890; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 4 NO. 10 -03 FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT 540 EAST IMPERIAL AVENUE. MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt the Resolution. MOTION FAILED BY THE FOLLOWING VOTE: AYES: MAYOR BUSCH AND MAYOR PRO TEM FISHER; NOES: COUNCIL MEMBERS BRANN, FUENTES, AND JACOBSON. 2/3 Council directed staff to return with this item at the March 20, 2012 meeting with an analysis of the impact of a 5% and 10% reduction in affordable units, a plan to delay implementation of Option 2 in order to create a preference for Option 1, and address the Challenger Field issue. C. UNFINISHED BUSINESS 2. Consideration and possible action to discuss and receive testimony regarding establishment of priority projects for implementation of the South Bay Bicycle Master Plan. Applicant: City Initiated (Fiscal Impact: Varies based upon direction) Sam Lee, Interim Planning and Building Safety Director and Paul Samaras, Planner, gave a report. MOTION by Mayor Busch, SECONDED by Council Member Brann to approve the bikeway implementation priority categories and ranking, pursue grant funding opportunities, and discuss funding options at the next Strategic Planning Session. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action to receive and file a status report from the Disaster Council. (Fiscal Impact: N /A) Mitch Tavera, Police Chief and Kevin Smith, Fire Chief gave a status report. Council received and filed the status report. 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 2586321 to 2586511 on Register No. 10 in the total amount of $402,120.89 and Wire Transfers from 2/3/12 through 2/16/12 in the total amount of $2,313,856.43. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 5 5, Approved Regular City Council Meeting Minutes of February 21, 2012, 6. PULLED FROM THE AGENDA BY STAFF 7. Authorized the Interim City Manager to execute Agreement No. 4230 - C1100164 with the State of California Franchise Tax Board for the sharing of business tax information. (Fiscal Impact: N /A) 8. Accepted the work as complete on the project for the installation of surveillance equipment at the City Police Station. Project No.: PW 11 -03. (Fiscal Impact: $56,520.87) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 9. Reject the bid received on February 21, 2012 for Installation of Fiber Optic Cable (Phase 2 for future I -Net) for non -City Hall City Facilities and approved rebidding the project following Scope of Work modifications. Project No. PW 11 -13, Approved Capital Improvement Project. (Fiscal Impact: $130,000.00) Authorized staff to re- advertise the project for receipt of Construction Bids. 10. Approved the continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. Fiscal Impact: $420,000.00) MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to approve Consent Agenda items 4, 5,7 8, 9, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER - Congratulated Fire Chief Smith on his Chamber Award as Public Servant of the Year. Noted that he would like to hold study sessions on future large development projects. H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - Announced Vote -By -Mail ballots for the April 10th General Municipal Election will be mailed starting on March 12tn,the last day to request a Vote -By -Mail ballot was April 3rd, and the last day to register to vote was March 26tH Also noted incorrect information was circulating in the community regarding how to request a Vote -By -Mail ballot for this election. Applications must be the El Segundo version and must be mailed or delivered to the City Clerk's Office at City Hall. Application is available in the City Clerk's Office and will be posted to the website by the end of the week. J. REPORTS — CITY TREASURER - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 6 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Reported on her recent South Bay Council of Government's Conference. Council Member Brann — Announced Day Light Savings starts this Sunday. Council Member Jacobson — Reported on Supervisor Kanabe's recent Reception for elected officials. MAX bus system committed reserve money to budget operation through June 30, 2013. Mayor Pro Tem Fisher — NONE Mayor Busch — Requested staff bring forward an item at the next meeting regarding a budget for the Sister City Program and appointing a former elected official for travel to Guaymas if no current elected official was available. Reported on the recent Chamber Mixer, the Cruise Car Show on Main Street, and Little League Opening Day. 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. Tim Truax, resident, spoke regarding the Council's decision on the Imperial Street School Site Project. Mike Robbins, resident, spoke in favor Council's decision to address the Imperial Street School Site at the next Council meeting. Mark Rener, resident, spoke regarding top employers in El Segundo, the former City Manager, and the Bicycle Path Master Plan and potential conflict of interest. Dave Atkinson, resident, spoke regarding the Imperial Street School Site discussion. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 9:46 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 7 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2012 PAGE NO. 8