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2011 Dec 20 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 20, 2011 — 5:00 P.M. AND SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 20, 2011 — 5:00 P.M. (Held Concurrently) 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 5:01 p.m. 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 MATTERS: Appointment of Real Property Negotiator — Appoint City Manager Doug Willmore and Planning and Building Safety Director Greg Carpenter as the City's Real Property Negotiators relating to City owned real property located at Corner of Main Street and Grand Avenue (Assessor Parcel Number: 4135 - 003 -901 lots 20 through 23 and lot 43). The Real Property Negotiators may negotiate the terms and conditions of purchase or lease of property. Council Member Jacobson left the dais due to a potential conflict. MOTION by Council Member Brann, SECONDED by Mayor Busch to appoint City Manager Doug Willmore and Planning and Building Safety Director Greg Carpenter as the City's Real Property Negotiators relating to City owned real property located at Corner of Main Street and Grand Avenue. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR BUSCH, COUNCIL MEMBERS BRANN AND FUENTES; ABSENT: MAYOR PRO TEM FISHER; NOT PARTICIPATING: COUNCIL MEMBER JACOBSON. 3/0/1 Mayor Pro Tern Fisher arrived at the meetings at 5:01 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 1 Council Member Jacobson returned to the dais. 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): -3- matter, Claim 10 -35 - Wyle Claim 11 -57 - Garton Claim 11 -57A - City of Hawthorne (Garton) 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): -1- matters Sale or Lease of City Owned Property (Price and Terms): Real Property: City owned parking lot at Corner of Main Street and Grand Avenue (Assessor Parcel Number: 4135 - 003 -901 lots 20 through 23 and lot 43) City's Negotiators: Doug Willmore, City Manager; Greg Carpenter, Director of Planning and Building Safety Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 20, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS (a) Presentation — Megan Berry, Director of Business Development, Muscular Dystrophy, presented a plaque to the El Segundo Fire Department's for their "Fill the Boot" drive. (b) Dedication — Presentation by Amanda Hunter, California Map Art Company, Justin Meza, artist, and Chris Miller, Beach Reporter, of Original Artwork of the El Segundo Town Map. 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. 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 DECEMBER 20, 2011 PAGE NO. 3 MOTION by Council Member Jacobson, SECONDED by Council Member Brann 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 regarding (Public Hearing) totaling approximately $66,271 with another CDBG participating city within the Los Angeles Urban County. (Fiscal Impact: $66,271) Mayor Busch stated this was the time for a Public Hearing on the proposed exchange of FY 2012/13 Community Development Block Grant (CDBG) funds totaling approximately $66,271 with another CDBG participating city within the Los Angeles Urban County. Clerk Mortesen stated that proper notice of the Hearing was done and no written communication had been received in the City Clerk's Office. Tina Gall, CDGB Consultant, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fuentes to close the public hearing. MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to: Authorize staff to proceed with identifying an interested participating city to begin negotiations for the exchange of FY 2012/13 CDBG funds, establish an exchange rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another City; Authorize the City Manager to execute the contracts, as to form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding 1) approving a new Class Specification for the at -will position of Director of Community Services; 2) approving a new class specification for the at -will position of City Librarian; 3) approving the reorganization of the Library Department, and Parks & Recreation Department into the Community Services Department; 5) introduce and waive first reading of an ordinance implementing such changes; 6) adopting a resolution amending the City's Conflict of Interest Code to reflect these changes; and 7) adopting a resolution establishing basic monthly salary for job classifications of Director of Community Services and City Librarian 8) taking such additional, related, action that may be desirable. (Fiscal Impact: $0) Deborah Cullen, Finance Director, gave a report. Karl Berger, Assistant City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 4 ORDINANCE NO. 1468 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6- 3, 1 -6 -4, AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND DEPARTMENT DIRECTORS. Council Member Brann introduced the Ordinance. MOTION by Council Member Fisher, SECONDED by Mayor Busch to adopt Resolution No. 4766 amending the City's 2010 Conflict of Interest Code for the City of El Segundo in accord with the Political Reform Act and Resolution No. 4767 establishing a basic monthly salary for the job classifications of Director of Community Services and City Librarian. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, BRANN. NOES: JACOBSON AND FUENTES. 3/2 1 Oral Report by the City of El Segundo Chief of Police, Mitch Tavera, related to public parking on Washington Street in the City of El Segundo. Council Member Jacobson left the dais due to his ownership of property in the discussed area. Council Member Jacobson returned to the dais after the report. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4.. Consideration and possible action to open the recruitment process for the positions on the Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2012. (Fiscal Impact: None) MOTION by Mayor Pro Tem Fisher, SECONDED by Council Member Brann to open the recruitment process for the positions on the CCBs, as listed. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 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. 5. Approved Warrant Numbers 2585280 to 2585526 on Register No. 5 in the total amount of $656,084.96 and Wire Transfers from 11/24/11 through 12/08/11 in the total amount of $ 523,019.94. 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 DECEMBER 20, 2011 PAGE NO. 5 6. Approved Regular City Council Meeting Minutes of December 6, 2011 and Special City Council Meeting Minutes of December 6, 2011. 7. Waived second reading and adopted Ordinance No. 1467 approving an Environmental Assessment (EA 944) for a Categorical Exemption and Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") § 15 -2 -7 regulating of open space areas and encroachments. Applicant: City Initiated. (Fiscal Impact: None) 8. Approved 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: $400,000.00) 9. Approved a revised Class Specification and title change for the position of Principal Engineer to Principal Civil Engineer and approved Examination Plan for Principal Civil Engineer. 10. Approved Amendment No. 4105C to an existing Professional Services Agreement with Wilidan to increase the amount of the agreement by $50,000 for planning consulting services. (Fiscal Impact: $50,000) Authorized the City Manager to execute the amendment approved as to form by the City Attorney. 11. Adopted Resolution No. 4768 by four -fifths vote to authorize a no -bid public works contract for the emergency repair of the cooling tower system at the City Public Library located at 111 W. Mariposa Avenue. (Fiscal Impact: $10,811.00) Authorized the City Manager to award Contract No. 4211 to Siemens for the bid amount of $10,811.00 for the repair of the cooling system. 12. Approved Agreement No. 4210 between the City of El Segundo and El Segundo Energy Center (ESEC) for connection of a sanitary sewer line from the new Beach Bathroom Facility at El Segundo Beach to the retention basin located on property owned by El Segundo Power. (Fiscal Impact: $0) Authorized the City Manager to execute the agreement, in a form approved by the City Attorney, related to the design, permitting, financing, and construction of the Sanitary Sewer pipelines. MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to approve Consent Agenda Items 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 rejecting all bids received for construction related to Group 41 of the City's Residential Sound Insulation (RSI) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 6 Program (Project RSI 11 -04) and a status report on the City's RSI Program. (Fiscal Impact: $0) James O'Neil, RSI Manager, gave a report. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to reject all bids received for construction related to Group 41 (Project RSI 11 -04). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 13a. Consideration and possible action to direct the City Attorney's Office to draft the necessary documents for the Council to consider placing a ballot measure on the April 10, 2012 election to amend El Segundo Municipal Code ( "ESMC ") Section 4 -2 -17 ( "Chemical, Petroleum, Cement or Cryogenic Products; Smelters or Refineries "), and other related sections, for purposes of increasing the acreage tax contained in this code section. (Fiscal Impact: $10,237,200) Doug Willmore gave a brief presentation. Rod Spackman, Chevron Public and Government Affairs, made a brief presentation. Lilly Craig, Chevron Representative; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Joe Harding, Resident and President of the Hacienda Hotel; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Sandy Jacobs, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Chris Powell, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Linda Johnson, Resident, and representing the Chamber Executive Board of Directors, spoke against the possible Council initiative for the purpose of increasing the acreage tax. Gene Mick, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Mike Robbins, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Dave Burns, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 7 Bill Bue, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. He stated that this has not been done in a fair manner amd more time should be used to consider this item more carefully. Mike Dugan, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Liz Garnholtz, Resident; spoke against the possible Council initiative for the purpose of increasing the acreage tax. Barbara Briney, Resident; spoke about the process and encouraged Council to approach this taxation differently. Rod Spackman, Chevron; stated there were many different types of elections and the City had the ability to call an election at a different time. MOTION by Mayor Busch, SECONDED by Council Member Brann to direct the City Attorney's Office to draft the necessary documents for the Council to consider placing a ballot measure on the April 10, 2012 election to amend ESMC Section 4 -2 -17, and other related sections, for purposes of increasing the acreage tax contained in this code section; 2) Call a Special Meeting on January 13, 2012, at 7 p.m. to consider adoption of the necessary documents to place the proposed amendment to ESMC Section 4 -2- 17 on the April election; 3) amount for the tax to be determined at the Special Meeting. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, BRANN. NOES: JACOBSON, FUENTES. 3/2 MOTION by Mayor Pro Tern Fisher, SECONDED by Mayor Busch to direct the City Attorney to prepare an advisory measure for the ballot, with blanks to be filled in at the time of the meeting and an advisory committee to be formed to oversee the proposed tax revenue. MOTION FAILED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER NOES: JACOBSON, FUENTES, BRANN. 2/3 G. REPORTS — CITY MANAGER H, REPORTS — CITY ATTORNEY REPORTS — CITY CLERK - Reminder that the January 3, 2012 City Council Meeting was cancelled and the next regularly scheduled meeting was scheduled for January 17, 2012. REPORTS — CITY TREASURER - Merry Christmas and Happy and prosperous New Year. K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Commented on all the celebrations this month. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 8 Council Member Brann — Merry Christmas. Council Member Jacobson — Commented on the Christmas celebrations, Mayor Pro Tern Fisher — Commented on the Christmas celebrations and Candy Cane Lane. Mayor Busch — Commented on the Holiday celebrations. 14. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. (Fiscal Impact: None) MOTION by Council Member Jacobson, SECONDED by Council Member Brann to approve the request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); Grant a free business license for a non - profit organization (ESMC 4 -1 -7); Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); and; Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -5 -11 dealing with trespassing animals; Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. 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. Mike Robbins, Resident; spoke regarding negotiations with Chevron and the possible measure for the April, 10 2012 election. Dave Burns, Resident; spoke about Council Member Jacobson concerns on the acreage tax, and if this item was brought to the Council legally. Spoke on the recent power failure and public safety response. Lilly Craig, Chevron; spoke about Council comments on the relationships with Chevron. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 20, 2011 PAGE NO. 9 Marc Rener, Resident, spoke about the possible mis- information presented regarding the acreage tax item and the possible ballot measure. MEMORIALS — NONE CLOSED SESSION — NONE UAW OTC Will IJAW, DECEMBER 20, 2011 PAGE N 10