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2003 MAR 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 4, 2003 — 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 Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present City Attorney Mark Hensley announced that the Council Members and City Manager have potential conflicts of interest with respect to the Bressi litigation and that they will not participate in the closed session discussion related to the decisions made to defend and indemnify each of them. 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. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASCBC288292 3. Bressi v. City of El Segundo, LASCBC288293 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): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — One (1) Matter Agency Negotiator: Mary Strenn, City Manager for negotiations with City Employees Association, Supervisory and Professional, and unrepresented City employees. SPECIAL MATTERS — None. Council moved into open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 4, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Reverend John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS — Mayor Gordon presented commendations to the El Segundo Youth Cheerleaders Pee Wee Division, National Champions 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. (a) Presentation from Ann Marie Wallace, Regional Representative, League of California Cities. Ms. Wallace also presented a certificate of recognition to Council Member Wernick on completion the League's "Mayor and Council Members Academy ". Joe Brandin, resident, spoke regarding agenda item 11, contract amendment with West Coast Arborists. Liz Garnholz, resident, spoke regarding agenda item 1, contract for Camp Eucalyptus construction and consent agenda item 12. Don Brand, resident, spoke regarding agenda item 1, Camp Eucalyptus construction. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO. 2 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, 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. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Mayor Gordon left the Council Chamber due to a potential conflict of interest with Agenda Item No. 1. Consideration and possible action regarding award of contract for the construction of the Camp Eucalyptus Building at 641 California Street — Approved Capital Improvement Program — Project No. PW 02 -16 (Estimated cost $405,000). Mary Strenn, City Manager, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to a) allocate an additional funding of $200,000 from the Aquatics Master Plan and Facility Improvements Project, b) Reject the protest by the second low bidder, AWI Builders, Inc./ All West Iron, Inc., c) Waive the irregularity in the low bid and approve the substitution of the roofing sub - contractor, Golden State Roofing, included in the low bid of Capri Construction by the replacement roofing sub - contractor Bligh Pacific at no additional cost to the low bid amount, d) Award Contract No. 3132 to the low bidder, Capri Construction, Inc., in the amount of $319,000 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT OF INTEREST. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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. 2. Approved Warrant Numbers 2531644 to 2531930 on Register No. 10 in the total amount of $769,887.04 and Wire Transfers from 2/8/2003 through 2/21/2003 in the total amount of $1,019,693.72. 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. 3. Approved City Council Meeting Minutes of February 18, 2003. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO. 3 4. Approved Professional Services Agreement No. 3129 with Bruce Barsook of Liebert, Cassidy, and Whitmore as Chief Negotiator for the Police and Fire Associations labor negotiations. Authorized the City Manager to execute the agreement on behalf of the City. 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES 6. Approved the purchase of a new or previously owned vehicle to be assigned to the State Anti - Terrorism Task Force Investigator. Amount shall not exceed $27,100, including the maintenance cost and police radio. Appropriate additional funds for first year maintenance. Approved the use of funds from the Citizens' Option for Public Safety (COPS) grant. 7. Approved the purchase of Arc Info software, maintenance and support for the GIS program from ESRI. (Fiscal Impact $16,500). Authorized the City Manager to execute a standard Professional Services Agreement No. 3130 on behalf of the City for $16,500 with ESRI for software, maintenance and support. 8. Approved the purchase of a computer server for Geographic Information Systems (GIS) use, including maintenance and support from Dell. (Fiscal Impact $6,500). Authorized the City Manager to execute the standard Professional Services Agreement No. 3131 on behalf of the City for $6,500 with Dell for the server, maintenance and support. Transferred $6,500 to the Capital Outlay account from cost savings in the GIS Professional and Technical Services contract. 9. Accepted work as complete for replacement of an 8" water line on Pine Avenue, between the alley east of Richmond Street and Penn Street — Approved Capital Improvement Program — Project No. PW 02 -06. (Estimated cost $244,300). Approved Change Order No. 1 in the amount of $45,100. Authorized the City Clerk to file the Engineer's Notice of Completion. 10. Adopted plans and specifications for Nash Street/Park Place street lighting conduit installation — Approved Capital Improvement Program — Project No. PW 03 -10. (Estimated Cost $35,000). Authorized staff to advertise the project for receipt of construction bids. 11. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MOVED by Council Member Gaines, SECONDED by Council Member Wernick to approve consent agenda items 2, 3, 4, 6, 7, 8, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action regarding adoption of a Resolution extending pay and benefits to City employees called to active duty with the United States Military. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO. 4 MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to adopt Resolution No. 4296 extending pay and benefits to City employees called to active duty with the United States Military. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 12. Consideration and possible action regarding approval of a resolution of the City Council authorizing the City Manager to bid and award contracts for the equipment, supplies and services for the FY 2003/2003 Equipment Replacement Fund, which had previously been approved in the 2002 -2003 Council budget — (Fiscal Impact = $810,900). MOVED by Council Member Wernick, SECONDED by Mayor Pro Tern Jacobs to adopt Resolution No. 4297 authorizing the City Manager to bid and award contracts for the equipment, supplies and services for the FY 2003/2003 Equipment Replacement Fund, which had previously been approved in the 2002 -2003 Council budget. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 11. Consideration and possible action for approval of Contract Amendment No. 2799 C to West Coast Arborists, Inc. for the City -wide street tree pruning and replacement program. (Fiscal Impact $26,600) Andy Santamaria, Public Works Director, responded to questions. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Contract Amendment No. 2799 C to West Coast Arborists, Inc. for the City -wide street tree pruning and replacement program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. F. NEW BUSINESS — G. REPORTS — CITY MANAGER — Noted that on Saturday, May 8, from 1:30 -4:00 p.m., the El Segundo Dog License and Rabies Clinic will be held at the City Plaza. H. REPORTS — CITY ATTORNEY — Announced that in Closed Session the Council decided to provide defense to the City and to individuals named in the two Bressi lawsuits listed on the agenda. REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the Dog License and Rabies Clinic. Council Member Gaines — Spoke regarding the El Segundo Little League parade. Council Member Wernick — Spoke regarding the City's animal control program. Mayor Pro Tern Jacobs — Brought best wishes from our Guaymas Sister City. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO 5 Mayor Gordon — Asked to agendize an ordinance for the licensing of tobacco sales in El Segundo for the next meeting. 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 Mason introduced the new El Segundo Chamber of Commerce Executive Director Daniel Ehrler. Bill Mason spoke regarding the Beach Cities CARE organization. Naiomi McElvain, resident, thanked the Council and the Task Force for their decision to move forward with the Camp Eucalyptus project. Jack Axelrod, resident, spoke regarding an anti -war resolution. Robin Funk, resident, spoke regarding the Sister City program. MEMORIALS — Antonio Lim, husband to Perlita Lim and father of Dennis Lim, a reporter with the Daily Breeze; Kyle Michael Gilbert, son of Pam Phillips and Mike Gilbert and brother to Cyrus, Megan and Morgan. CLOSED SESSION - NONE ADJOURNMENT at 8:10 p.m. C /I "YkbrimavtA, Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 4, 2003 PAGE NO. 6