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2012 Mar 20 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 20, 2012 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Fisher at 5:00 p.m. ROLL CALL Mayor Busch - Present — Arrived at 5:02 p.m. Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - Present Council Member Jacobson - Present — Arrived at 5:02 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: Mayor Pro Tern Fisher 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) -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): -3- matter.. Claim 10 -35 - Wyle Claim 12 -12 - Willmore Claim ICC- 000153 (Worker's Compensation) John Gutierrez MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 1 Initiation of litigation pursuant to Government Code §54956.9(c): -2- 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 20, 2012 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 20, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — City Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS a. Mayor Busch presented a Commendation recognizing the El Segundo High School Girls Water Polo Team. 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. Talia Jorden, Youth Manager, Tree Muskateers; spoke regarding the recent Arbor Day ceremonies. Liz Garnholz, Resident; spoke regarding Consent agenda items, 6, 7, 11, and 12 regarding the proposed budget for travel to Guaymas for former Council Members. Beth Murida, spoke on behalf of the PTA and presented Council with their "Run for Education" shirts. A. PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 3 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tern Fisher, 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 1. Consideration and possible action to appoint Greg Carpenter as City Manager effective March 21, 2012 and approve an employment agreement with Mr. Carpenter. (Annual Fiscal Impact to be announced at Council Meeting) MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to appoint Greg Carpenter as City Manager effective March 21, 2012 and approve employment Agreement No. 4243 with Mr. Carpenter. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: BUSCH, FISHER, JACOBSON, AND FUENTES; NOES: NONE; ABSTAIN: COUNCIL MEMBER BRANN. 4/0/1 C. UNFINISHED BUSINESS 2, Consideration and possible action regarding a continued public hearing and to 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; and 4) to take such additional, related, action that may be desirable. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: N /A) Mayor Busch stated that this was the time to continue the 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; and 4) to take such additional, related, action that may be desirable. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: N /A) Clerk Mortesen stated that proper noticing of the hearing was done and one written communication had been received in the City Clerk's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 4 Kim Christensen, Planning Manager, gave a report. Jeff Yantz, Superintendent of the Board, stated the Board was in agreement with all the proposed stipulations. Beth Murida, resident; requested Council consider the project carefully prior to approval* Stated that there was a lack of green space in that section of town. Mike Rotolo, Resident; spoke regarding the Imperial Site. He stated it was a wonderful project and it would be an asset to the neighborhood. Ron Swanson, Resident; spoke regarding the Challenger Field. He stated that the Middle School would be a good place to re- locate the field, and offered some financial support to develop a field there. Liz Garnholz, Resident; asked who would have priority for the assisted and affordable housing units. Would the priority be City residents or County residents? MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher, to approve the project with the original density numbers; enforce a delay period for option two for a minimum of 9 months prior to beginning the project to give option one a greater opportunity to be implemented. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: BUSCH, FISHER, JACOBSON, BRANN, AND FUENTES. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4772 A RESOLUTION CERTIFYING AN ENVIRONMENTAL'IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 890; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 10 -03 FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT 540 EAST IMPERIAL AVENUE. MOTION by Mayor Busch, SECONDED by Council Member Brann, to adopt Resolution No. 4772. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1469 AN ORDINANCE APPROVING ZONE CHANGE NO. 10 -01; ZONE TEXT AMENDMENT NO. 10 -06; SPECIFIC PLAN NO. 10 -03; AND DEVELOPMENT MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 5 AGREEMENT NO. 10 -02; ADDING ESMC § 15- 3- 2(A)(7) AND AMENDING ESMC §§ 15 -3 -1 AND 15- 3 -2(A); APPROVING SUBDIVISION NO. 10 -01 (VESTING TENTATIVE MAP NOS. 71410 AND NO. 71582) FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT AT 540 EAST IMPERIAL AVENUE. Council Member Brann introduced the Ordinance. Second reading and adoption scheduled for April 3, 2012. 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 2586512 to 2586686 on Register No. 11 in the total amount of $655,539.72 and Wire Transfers from 2/17/12 through 3/01/12 in the total amount of $618,100.90. 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 6, 2012. 5. Pursuant to El Segundo Municipal Code Section 1 -7 -10, waived the formal bidding process and purchase two portable Automated License Plate Recognition (ALPR) systems for the El Segundo Police Department, using funds from the 2009 Buffer Zone Protection Program Grant (BZPP). (Fiscal Impact: $99,810) 6. Accepted the work as complete on the project for the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range; Contract No. 4215. (Fiscal Impact: $420,000.00) Authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. Authorized the transfer of $139,000 from the General Fund's undesignated reserve to the Facilities Maintenance Fund (405 Account) for the balance of the emergency repair. 7. Rejected the bid from Solis Lighting Electrical Solutions as non - responsive due to a mathematical mistake, awarded standard Public Works Contract No. 4244 to the lowest responsible bidder, J. Kim Electric, Inc., for the City of El Segundo Energy Efficiency Lighting Retrofit Project, adopted Resolution No. 4773 Amending Resolution No. 4644 to amend Attachment A attached thereto, the list of energy efficiency projects, to be consistent with the California Energy Commission (CEC) Grant Agreement Number CBG -9 -155 A.1. Project No.: PW 12 -01. (Fiscal Impact: $87,999.60) Authorized the City Manager to execute a MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 6 standard Public Works Contract No. 4248 in a form approved by the City Attorney. 8. Authorized the City Manager to execute Professional Services Agreement No. 4245 with APA Engineering, Inc., in a form approved by the City Attorney, for the design of Maple Ave. storm drain and street improvements. (Fiscal Impact: $0; Reimbursement Grant of $2.5 million to fund project) 9. Awarded Contract No.4246 to Big West Construction Corporation for construction related to Group 42 (34 homes) of the City's Residential Sound Insulation Program (Project No. RSI 12 -01). (Estimated Construction costs and retention: $1,449,785.70) Authorized the City Manager to execute the contract in a form approved by the City Attorney. 10. Awarded Contract No. 4247 to Big West Construction Corporation for construction related to Group 43 (40 homes) of the City's Residential Sound Insulation Program (Project No. RSI 12 -02). (Estimated construction costs and retention: $1,705,828.30) Authorized the City Manager to execute the contract in a form approved by the City Attorney. 11. Authorized the City Manager to execute a three (3) year License Agreement No. 4240, in a form approved by the City Attorney, with La Mirada Armada to operate The El Segundo Armada Swim Team in a form approved by the City Attorney. (Fiscal Impact: Estimated increase of $6,000 in Recreation Revenues per year) MOTION by Council Member Brann, SECONDED by Council Member Fuentes to approve Consent Agenda items 3, 4, 5, 6, 7 8, 9, 10, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS REPORTS — CITY MANAGER — Thanked the Council and staff for their support and the FAA for funding of the two RSI Groups. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - Announced the last day to register to vote in the April 10, 2012 Municipal Election was March 26, 2012, and the last day to request a Vote -By- Mail Ballot was April 3, 2012. REPORTS — CITY TREASURER - NONE REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 7 Council Member Fuentes — Spoke regarding Arbor Day and her tour of Public Works. She also attended Betsy Butler's seminar on Aerospace employment opportunities. She stated she would also be attending a "pre -BRAC" meeting. Council Member Brann — Spoke regarding the recent Forum held by the El Segundo Residents' Association for the Council Candidates. Council Member Jacobson — None Mayor Pro Tern Fisher — Spoke about Arbor Day Mayor Busch — 12. Consideration and possible action to 1) direct City Manager to include $5,000.00 in the FY 2012 -2013 budget for funding to be used for Council Members or former Council Members to visit the City of Guaymas, Mexico, which is the Sister City of El Segundo 2) Direct the City Manager to prepare an Administrative Policy that allows funds to be used to reimburse a former Council Member for travel expenses should no active Council Member choose to travel to Guaymas in a given year. (Fiscal Impact: $5,000 for FY 2012 -2013 budget) MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to authorize funding of $5,000.00 for FY 2012 -2013 budget for funding for the Sister City Program, and the funds may be used for Council Members or former Council Members to visit the City of Guaymas, Mexico; Authorize the City Manager to prepare an Administrative Policy that allows budgeted funds for Sister City to be used by a former Council Member if no active Council Member opts to travel. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: BUSCH, FISHER, JACOBSON, AND FUENTES. NOES: BRANN. 4/1 He also spoke on the Arbor Day event, BRAC meetings, and the Spring Drama Program at the Gordon Clubhouse. 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. Bill Watkins, Resident; thanked Council for approving the Imperial Street School Site Project. Edna Freeman, Resident; thanked the Council for approving the Imperial Street School Site Project and for approving the senior housing and assisted living portions of the project. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 8 MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 8:21 p.m. m. Cis M e City Cle101 6, MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 20, 2012 PAGE NO. 9