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2005 JULY 19 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 2005 — 5 00 P M 5 00 P M SESSION CALL TO ORDER— Mayor McDowell at 5:05 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified 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 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)) — 6 matters 1 City of El Segundo v City of Los Angeles, et, al , LASC No BS094279 2 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No. 2009060244 3 Yeaton v City of El Segundo, LASC Case No BS096351 4 Chen v City of El Segundo LASC Case No YC049424 5 Bressi v City of El Segundo, LASC Case Nos. BC288293 and 288292 6 Ward v City of El Segundo LASC Case No BC325247 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) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8): -0- matter Council moved to open session SPECIAL MATTERS — 6 00 P M Interview of candidates for City Committees, Commissions and Boards (CCBs) regarding Library Board of Trustees and Investment Advisory Committees and potential appointment of members to the CCBs Interviews will commence at approximately 6 00 p m and will be held In the West Conference Room and are open to the public Council consensus to appoint Dorothy Doukakis and Steve Hunt to the Library Board of Trustees for full terms, expiring 6/30/08 and William Bue to the Investment Advisory Committee for a full term expiring 8/30/09. Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November. 2005 Council recessed at 6 35 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 2005 - 7 00 P M 7.00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Fr Jim Anguiano of St Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Boulgarides presented a Proclamation commemorating July 19, 2005 as the 20th anniversary of the El Segundo Outreach Program and inviting citizens to get involved and volunteer their time to the El Segundo Outreach Program which enhances the quality of life of our seniors and disabled (b) Council Member Jacobson presented a Proclamation commemorating July 21, 2005 as El Segundo Farmers' Market 6th Anniversary and inviting El Segundoans to participate in the cake cutting ceremony to be held at 5 30 p m on July 21, 2005 (c) Council Member Busch presented a Proclamation commemorating July 24, 2005 as National Parents Day in El Segundo (d) Mayor McDowell presented a Proclamation commemorating July 29, 2005 as Volunteer Recognition Day at The Lakes of El Segundo in honor of the City of El Segundo Volunteers (e) Presentation by the El Segundo Unified School Board regarding facilities and academic achievements ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgardes - Present 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 3 Eric Batch, advocate for the American Heart Association, spoke in favor of the smoke free beach Ordinance Andy Delebach, Surf-rider Foundation, spoke in favor of the smoke free beach Ordinance 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 Boulgandes read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 410 MAYOR PRO TEM GAINES ABSENT B SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) to adopt the Recreation and Park Commissions' recommendation to increase Swim Lesson fees, Recreation Park Identification Card fees and Co -ed Softball Leagues fees (Fiscal Impact $60,800 revenue) Mayor McDowell stated this is the time and place hereto fixed for a public regarding possible action to adopt the Recreation and Park Commissions' recommendation to increase Swim Lesson fees, Recreation Park Identification Card fees and Co -ed Softball Leagues fees City Clerk Mortesen stated that proper notice was completed and one communication had been received in the City Clerk's Office MOVED by Council Member Jacobson, SECONDED by Council Member Busch to continue the public hearing to August 16, 2005 regular Council Meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT C UNFINISHED BUSINESS Consideration and possible action to add Section 10 -3 -2 to Chapter 3 of Title 10 of the El Segundo Municipal Code (ESMC) to prohibit smoking at the public beach within the City of EI Segundo Jeff Stewart, City Manager, gave a report Mark Hensley, City Attorney, read by title only ORDINANCE NO 1385 AN ORDINANCE ADDING A NEW SECTION 10 -3 -12 TO CHAPTER 3 OF TITLE 10 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED "BEACH REGULATIONS " Council Member Boulgandes introduced the ordinance MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 4 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3 Consideration and possible action regarding the announcement of the appointments of candidates to the Library Board of Trustees and Investment Advisory Committee Mayor McDowell announced the appointment of Dorothy Doukakis and Steve Hunt to the Library Board of Trustees for full terms, expiring 6/30/08 and William Bue to the Investment Advisory Committee for a full term expiring 8/30/09 Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005 4 Consideration and possible action regarding an Annual Report of the Library Board of Trustees by President, Darcy Fulmer Council consensus to receive and file report 5 Consideration and possible action regarding the recommendations by the Library Board of Trustees and the Recreation and Parks Commission for naming four (4) new meeting rooms at the El Segundo Public Library Debra Brighton, Director of Library and Cable Services, gave a report MOVED by Council Member Busch, SECONDED by Council Member Boulgarides to approve four choices selected by a sub - committee of Library Board of Trustees members, and Recreation and Parks Commission members a) The Blue Butterfly Room, b) The Sand Dune Room, c) The Gazebo Room, and d) The Rose Garden Room MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT Consideration and possible action amending the Operating Agreement for management of the El Segundo Senior Citizen's Housing Corporation between the City of El Segundo and the El Segundo Senior Citizen's Housing Corporation Board of Directors City Manager, Jeff Stewart gave a report. Dave Atkins, Member of the Senior Citizen's Housing Corporation Board of Directors supported the purchasing increase and answered Council questions. MOVED by Council Member Jacobson, SECONDED Council Member Boulgarides to approve the second amendment to Agreement No 1888 between the City of EI Segundo and the El Segundo Senior Citizens Housing Corporation Operating Agreement to increase purchasing authorization by the Senior Housing Board up to $10,000 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 5 7 Approved Warrant Numbers 2548151 to 2548388 on Register No 19 in the total amount of $2,160,926.24 and Wire Transfers from 6/24/2005 through 7/7/2005 In the total amount of $261,536 34 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 8 City Council Meeting Minutes of June 21, 2005 9 Adopted City's Investment Policy as submitted 10 Ratified the El Segundo Chamber of Commerce re- nomination and appointment of Elyse Rothstein to Seat #18 of the South Bay Workforce Investment Board (SBWIB) 11 Approved Resolution No 4430 providing for salary and benefit changes to Chapter 1 A2 (Management - Confidential Series) of the El Segundo Administrative Code and Resolution No 4431 updating the Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan (Fiscal Impact $418,500 over 3 years) 12 Authorized the City Manager to amend and extend the existing Professional Services Agreement No 3478, in a form approved by the City Attorney, and to issue a purchase order to Prosum, Inc., to provide Information Systems consulting and support services. (Fiscal Impact $30,000) 13 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 14. Approved Tract Map No 061601 to provide for a 5 -unit condominium project at 222 West Imperial Avenue as approved by the Planning Commission on December 9, 2004. (No Fiscal Impact) 15 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 16 Approved Professional Services Agreement No 3496 with MuniFinancial to provide a study to update the City's Traffic Congestion Mitigation Fee Program. (Fiscal Impact $36,000) Authorized the City Manager to execute the agreement in a form approved by the City Attorney 17 PULLED BY FOR DISCUSSION BY COUNCIL MEMBER BUSCH 18 Rejected bids for the replacement and removal of synthetic turf on the driving range at The Lakes Golf Course, No #PW05 -10 Authorized the City Manager to request bids at a later date. MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to approve Consent Agenda Items 7, 8, 9, 10, 11, 12, 14, 16, and 18. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 6 CALL ITEMS FROM CONSENT AGENDA 13 Consideration and possible action to approve Amendment No 2 to the City -Shell Pipeline Company Reimbursement Agreement No 3135 and approved a reimbursement agreement with Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Protect (Fiscal Impact = $70,000 in addition to the previously approved $500,000). MOVED by Council Member Busch SECONDED by Council Member Boulgarldes to approve Amendment No. 2 to the City -Shell Pipeline Company Reimbursement Agreement No 3135 and approved Reimbursement Agreement No 3497 to Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Project. (Fiscal Impact = $70,000 in addition to the previously approved $500,000) Authorize the City Manager to execute on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 410 MAYOR PROTEM GAINES ABSENT 15 Consideration and possible action for final acceptance of the Holly- Kansas Park playground equipment replacement— Project No PW 04 -09 (Final contract amount= $87,410) MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to accept work as complete on Holly- Kansas Park playground equipment replacement — Project No PW 04- 09 (Final contract amount = $87,410) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT 17 Consideration and possible action regarding the removal of decayed, diseased and high risk parkway trees on a city -wide basis MOVED by Council Member Busch, SECONDED by Council Member Boulgardes to approve the recommended removal of decayed, diseased and high risk parkway trees on a city -wide basis Authorize the City Manager to execute an amendment to Great Scott Agreement No 3476A for tree services, in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER - NONE K REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 7 Council Member Boulgandes — None Council Member Busch — Reported on, the July 4th celebration, his participation in a Civic Leaders Tour of Air Force Bases and the Council of Governments meeting Council Member Jacobson — Reported on the July 4th celebration, and the expert tree removal on West Walnut Mayor McDowell — Commended Council Member Busch on his appointment as the COG delegate to the AQMD Also reported that BRAC announced more bases to be added to the closure list 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 Chris Powell, resident, invited the community to the Rotary "Movie in the Park". MEMORIALS — Michael Lewis, son of employee Mary Lewis Dorothy Hardy, Bill Lurie, husband of Stacy Lurie Mike Gordon, former Mayor and District 53 Assembly representative, Maratha Louise Shea McDowell, mother of our current Mayor McDowell CLOSED SESSION - None ADJOURNMENT at 8 20 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 8