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2004 AUG 03 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER —Mayor McDowell ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Absent Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sec.) 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)) — 6 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 Emazeki v. City of El Segundo, LASC No. YC047980 Taylor v. City of El Segundo, LASC No. YC047383 Hafley v. City of El Segundo, LASC No. YC045092 Haney v. City of El Segundo, WCAB No. MON0303279 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 1 SPECIAL MATTERS — 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Rev. Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Mayor Pro Tern Gaines presented a Proclamation declaring Saturday, September 18, 2004 as the 2004 Heart Walk Los Angeles to be held at Mattel corporate headquarters from 8:00 a.m. to 12:00 p.m. (b) Mayor McDowell presented a Commendation to outgoing Donna McCarthy, Library Board of Trustees, for her valued services rendered in the public interest as a member of the El Segundo Library Board of Trustees. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Absent Council Member Busch - 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. Floyd Carr, resident representing the Centinela Valley YMCA, spoke regarding the Mayor's Good Friday Breakfast and presented a donation check to the El Segundo Teen Center. Dan Erhler, Executive Director of the Chamber of Commerce, spoke regarding item 11, Richmond Street Fair and item 14, changing the Farmers' Market Day. Requested Council involve DESI in any discussions. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 3 Jack Kenton, resident, spoke regarding item 3, LAX Advisory Committee members. Liz Garnholz, resident, spoke regarding item 3, LAX Advisory Committee, item 6, City Attorney legal services, item 14, changing Farmers' Market Day and item 15, joint meeting with the City Council and various Committee and Commissions. Terry O'Brien, resident, spoke regarding the City's Hyperion representative and the mosquito problem. Dorothy Kent, resident, spoke regarding the Hyperion representative. Also spoke regarding the traffic problem caused by the trees on Main Street. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding a report from West Vector Control District regarding West Nile Virus. Mary Strenn, City Manager, gave a brief introduction. Robert Saviskas, Executive Director of West Vector Control District, gave a presentation regarding the West Nile Virus. Council consensus to receive and file report. Consideration and possible action to conduct a public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. Mayor McDowell stated this is the time and place hereto fixed for a public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. Deputy City Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Mary Strenn, City Manager, gave a report. Bill Bue, Water/Wastewater Rate Task Force Chair, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3,20D4 PAGE NO. 4 Zeki Kayiran, President AKM Consulting, gave a presentation regarding recommended rate structures for water and wastewater operations. Liz Garnholz, resident, requested that a thirteen -month cost breakdown be included on water billing statements. Jack Kenton, resident, requested clarification on how wastewater billing was determined on the water billing statements. Council Member Jacobson stated he was in favor of the water rate increase but not in favor of the wastewater rate increase, nor treating wastewater as an "enterprise fund ". Mayor Pro Tern Gaines spoke regarding the Strategic Planning Session and the funds set aside for the Capital Improvement Water Well Project. Requested staff investigate the possibility of using those funds to offset the deficit faced by the water and wastewater operations. Also suggested the possibility of other sources of government funding. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to continue to the Public Hearing to the August 17, 2004 Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the appointments to the Los Angeles International Airport ( "LAX ") Area Advisory Committee of the Los Angeles World Airports ( "LAWA "). MOVED by Mayor McDowell, SECONDED by Mayor Pro Tern Gaines to appoint John Dragone and Julie Taylor to the Los Angeles International Airport Area Advisory Committee of the Los Angeles World Airports. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT 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 2541944 to 2542224 on Register No. 20 in the total amount of $1,578,016.84 and Wire Transfers from 07/09/2004 through 07/22/2004 in the total amount of $1,206,203.86. 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. 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 5 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH Adopted Resolution No. 4384 establishing a policy for retaining, purging and using electronic communications including electronic mail and voicemail. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 9. Adopted the City's Investment Policy as submitted 10. Authorized the City Manager to execute a standard Professional Services Agreement No. 3358 with Comerica Bank for check processing, lockbox, software upload services for utility payments made by residential and commercial accounts. (Fiscal Impact $15,100). 11. Waived fees for city services associated with Richmond Street Fair. (Fiscal Impact $2,070). 12. Waived fee for city services associated with the American Heart Associations' Annual Heart Walk Fundraiser. (Fiscal Impact $6,497) MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Busch to approve Consent Agenda Numbers 4, 7, 9, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. CALL ITEMS FROM CONSENT AGENDA 5. City Council Minutes of Special Meeting of July 15, 2004, July 16, 2004 and July 20, 2004 and Regular City Council Meeting Minutes of July 20, 2004. Council Member Busch, requested the following addition to page 2, item IV of the Special Meeting Minutes of July 16, 2004: "MOVED by Council Member Busch, SECONDED by Council Member Jacobson to direct staff to present a new proposal for not back filling of two (2) suppression staff and up to four (4), in the fire department required to achieve savings of $545,300, and the City will attempt to maintain three operational engines in order to continue current level of service to the best of the City's ability." MOVED by Council Member Busch, SECONDED by Mayor Pro Tern Gaines, to approve the Meeting Minutes as amended. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 6. Consideration and possible action regarding approval of an Agreement with Jenkins & Hogin, LLP, to provide City Attorney legal services to the City with City Attorney Mark Hensley continuing his appointment as City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 6 MOVED by Council Member Busch, SECONDED by Mayor Pro Tern Gaines, to approve Agreement No. 3359 with Jenkins & Hogin, LLP, to provide City Attorney legal services to the City with City Attorney Mark Hensley continuing his appointment as City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER BOULGARIDES ABSENT. 8. Consideration and possible action to receive and file the FY 2004 -2005 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and publish key budget dates. MOVED by Council Member Busch, SECONDED by Council Member Jacobson to receive and file FY 2004 -2005 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and authorize publication of announcements of key budget dates: a) Budget Workshops — August 17, 2004, 5:00 p.m. to 7:00 p.m., b) Continued if Necessary — August 18, 2004, 5:30 p.m. to 7:00 p.m., c) Public Hearing — September 7, 2004, 7:00 p.m., d) Continued Public Hearing and Adoption — September 21, 2004, 7:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. F. NEW BUSINESS 13. Consideration and possible action regarding entering into an agreement with Cotton /Bridges /Associates to provide environmental services (National Environmental Quality Act — NEPA and California Environmental Quality Act — CEQA) for the Sewer Rehabilitation Project in the Smoky Hollow area (Alley west of Main Street from El Segundo Boulevard and in Franklin Avenue from Arena Street and from Eucalyptus Drive to Arena Street). (Estimated Cost $11,000) Council Member Jacobson left the dais due to his potential conflict regarding real property interests. Mary Strenn, City Manager, gave a report. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve entering into Agreement No. 3360 with Cotton /Bridges /Associates to provide environmental services (National Environmental Quality Act — NEPA and California Environmental Quality Act — CEQA) for the Sewer Rehabilitation Project in the Smoky Hollow area (Alley west of Main Street from El Segundo Boulevard and in Franklin Avenue from Arena Street and from Eucalyptus Drive to Arena Street). (Estimated Cost $11,000). Authorized the City Manager to execute on behalf of the City. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM GAINES, COUNCIL MEMBER BUSCH; NOES: NONE; ABSENT: COUNCIL MEMBER BOULGARIDES; NOT - PARTICIPATING: COUNCIL MEMBER JACOBSON. 3/0/1. Council Member Jacobson returned to the dais. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO.7 REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Busch — 14. Consideration and possible action regarding directing staff to evaluate the feasibility of changing the Farmers' Market schedule to an alternative day and time. Council consensus to direct staff to study Farmers' Market alternatives and report back to Council at a later date. 15. Consideration and possible action regarding directing staff to bring back to the City Council, the feasibility of holding a meeting, to be run by a facilitator, with the City Council, and chairs of all City committees, commissions and boards, for the purpose of improving communications and promoting discussion regarding a vision for the future of the community. Council consensus to direct staff to poll the various Committees and Commissions to determine interest in agendizing individual meetings with the Council. Council Member Jacobson — NONE Mayor Pro Tern Gaines — Spoke regarding MAX meeting and Policy Board Report and recent EPA emissions requirements and impact on upcoming budget. Also spoke regarding the Los Angeles Times article pertaining to the El Segundo Power Plant. Directed the City Manager to contact the City Manager in Morro Bay regarding their power plant modifications. Mayor McDowell — NONE 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. Joe Brandon, resident, spoke regarding tree hazards in the downtown area. Requested that the trees be trimmed to reduce risk. Mayor Pro Tern Gaines requested the City Manager report back on status of tree trimming around stop signs. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 8 MEMORIALS - Joan Garcia, former City Employee. CELEBRATIONS — Brenna Jean, daughter of Dan O'Toole, El Segundo Community Cable Supervisor and his wife Janice and little sister to 3 year old Erica. Katherine Gloria Plumlee, first child of Bret Plumlee, El Segundo Administrative Services Director and his wife Michelle. CLOSED SESSION - NONE ADJOURNMENT at 9:10 p.m. Cathy Do nn, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 9