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2006 DEC 19 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 19, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Council Member Jacobson at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgarides Council Member Fisher Council Member Jacobson - Present — Arrived at 5 05 p m - Present — Arrived at 5 25 p m - Present - Present - 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 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)) — 3 matters City of El Segundo v 2221 Park Place, LASC Case No. BC319034 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 Gilbreath v El Segundo, LASC Case No YC053692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956.9(c). -0- 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 DECEMBER 19, 2006 PAGE NO 1 SPECIAL MATTERS -0- matter Council recessed at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 19, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Pastor John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgardes PRESENTATIONS — (a) Council Member Jacobson presented a Commendation to Chris Sherrill and Cindy Mortesen accepting on behalf of the sponsors, supporters and volunteers of the El Segundo Community Christmas Dinner to be held at 100 p m on Christmas Day at the Joslyn Center at Recreation & Parks (b) Mayor McDowell presented a Commendation to Darcy Fullmer and Mike Dugan in recognition of their service on the Library Board of Trustees and CIPAC, respectively (c) Council Member Fisher presented a Proclamation honoring John and Shirley Williams, appointed by the City Council on October 17, 2006 as Honorary Citizens of El Segundo for their exemplary citizenry and volunteerism on behalf of the seniors of El Segundo and bestowing upon them the rights and privileges of a Senior citizen of our community ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - 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 Liz Garnholz, resident, spoke regarding the water and wastewater protest ballot process MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19,20M PAGE NO 3 Richard Arabian, resident, spoke regarding the water and wastewater proposed rate Increases and the percentages of the Increases Jim Ricks, resident, spoke regarding the water and wastewater proposed rate Increases and the protest ballot process A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes 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 Consideration and possible action regarding a public hearing related to the Proposition 218 majority protest process relative to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and introduction of Ordinances setting the new water and wastewater rates if it is determined that no majority protest exists (Potential Fiscal Impact = approximately $570,000 loss in FY 2006 -2007 water revenues and approximately $560,000 loss in FY 2006 -2007 wastewater revenues) Mayor McDowell requested that anyone wishing to return a protest ballot, please do so now with the City Clerk. Mayor McDowell stated this is the time and place hereto fixed for a public hearing related to the Proposition 218 majority protest process relative to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and introduction of Ordinances setting the new water and wastewater rates if it is determined that no majority protest exists Clerk Mortesen stated that proper notice was completed and seven written communications had been received by City Clerk's Office Cindy Mortesen, City Clerk, gave a brief presentation Mark Hensley, City Attorney, gave a brief presentation regarding legal aspects of the Protest Ballot process Steve Finton, Public Works Director, gave a report Brian Crowley, resident, spoke against the proposed rate increases. Don Murray, resident, spoke against the proposed rate increases and the protest ballot process George Hoops, resident, spoke against the proposed rate increases MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 4 Richard Arabian, resident, spoke against the proposed rate Increases Suggested other ways to sustain the General Fund Jim Riggs, resident, spoke against the proposed rate Increases Liz Garnholz, resident, spoke against the proposed rate Increases and the protest ballot process George Funk, resident, spoke In favor of the proposed rate Increases. MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Boulgarides to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council comments Council directed staff return to Council with analysis of usage charges, the way rates are set and with alternatives on ways to structure usage rates Staff to contact West Basin and SBCCOG Energy Savings Center for information on their water conservation programs Mark Hensley, City Attorney, read by title only RESOLUTION NO 4496 A RESOLUTION DECLARING THE RESULTS OF THE PROCEEDINGS FOR ADOPTING WATER AND WASTEWATER CHARGES IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgardes to adopt Resolution No 4491 declaring the results of the proceedings for adopting water and wastewater charges in accordance with Article XIIID of the California Constitution MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney, read by title only ORDINANCE NO 1403 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5 Council Member Boulgarides Introduced the ordinance Mark Hensley, City Attorney, read by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 5 ORDINANCE NO 1404 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3 Mayor McDowell Introduced the ordinance C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Consideration and possible action regarding the Annual Report of the Community Cable Advisory Committee Oral presentation to be made by the Committee Chairman (Fiscal Impact None) Brian Mitchell, Committee Chairman, presented the Annual Report Council consensus to receive and file the Annual Report of the Community Cable Advisory Committee. 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 Mark Hensley, City Attorney, noted for the record that Council Jacobson would not be participating in Consent Agenda Item No B, Group 17 of the Residential Sound Insulation Program due to a potential conflict with his residence being a part of Group 17 3 Approved Warrant Numbers 2556730 to 2556984 on Register No 5 in the total amount of 1,152,372 24 and Wire Transfers from 11/23/2006 through 12/07/2006 in the total amount of $659,397 40 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 December 5, 2006 5 Authorized the City Manager to execute Professional Services Agreement No 3682 with Bob Murray & Associates to conduct an executive search for the position of Director of Planning and Building Safety Services and authorize the City Manager to extend Agreement No. 3619 with Gary Chicots to continue serving as Interim Director of Planning and Building Safety (Fiscal Impact estimated $25,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 6 Adopted the Resolutions Nos 4497,4498 and 4499 per the Board of Administration of the Public Employees' Retirement System (PERS) to continue paying and reporting the value of Employer Paid Member Contribution (EPMC) for all City employees and to tax defer member paid contributions (Fiscal Impact. None) 7 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 8 Awarded Contract No 3683 to G &G Specialty Contractors, Inc for construction related to Group 14 (29 residences) and Group 18 (27 residences), Contract No 3684 to Tron Construction, Inc for construction related to Group 15 (25 residences) and Group 16 (30 residences), and Contract No 3685 to S &L Specialty Contracting, Inc for construction related to Group 17 (27 residences) of the Residential Sound Insulation (RSI) Program (Estimated construction cost and retention $6,990,252) Authorized the City Manager to execute construction contracts in a form approved by the City Attorney 9 Approved Professional Services Agreement No 3686 between Keyser Marston Associates and the City to provide consulting services (economic analysis) for the City relating to Phase II of the Plaza El Segundo proposed development (located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue between 750 -850 S Sepulveda Boulevard) (Fiscal Impact $15,000) Authorized the City Manager to sign the Professional Services Agreement approved as to form by the City Attorney 10. Accepted the protect as complete for installation of security enclosures around reservoir hatches at the six million gallon water reservoir located at 301 Maryland Street — Protect No PW 06 -08 (Final Contract Amount: $16,800) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office 11 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 12 Accepted the protect as complete for the 2005 -2006 Annual Contract for City -wide Sidewalk, Curb, Curb and Gutter, Handicap Access Ramps and other Minor Improvements — Protect No PW 06 -05 (Final Contract Amount $92,386) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes to approve Consent Agenda Items 3, 4, 5, 6, 8, 9, 10, and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 COUNCIL MEMBER JACOBSON NOT PARTICIPATING IN ITEM NO 8 DUE TO HIS RESIDENCE PARTICIPATION IN THE RESIDENTIAL SOUND INSULATION PROGRAM GROUP 17 CALL ITEMS FROM CONSENT AGENDA Consideration and possible action regarding a status report on the options under evaluation for replacing the Imperial Avenue video surveillance system utilized for monitoring LAX aircraft overflights of El Segundo (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 7 MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to received and file status report on the options under evaluation for replacing the Imperial Avenue video surveillance system utilized for monitoring LAX aircraft overflights of El Segundo MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 11 Consideration and possible action to award a Public Works Contract to MG Enterprizes for the replacement of the blue stone crosswalks in the intersection of Grand Avenue at Main Street. Approved Capital Improvement Project — Project No PW 06 -12 (Contract Amount $72,900) MOTION by Mayor McDowell, SECONDED by Mayor Pro Tern Busch to award Public Works Contract No 3687 Enterprizes for replacement of blue stone crosswalks in the intersection of Grand Avenue at Main Street. Approved Capital Improvement Project — Project No PW 06 -12 (Contract Amount $72,900) Authorized the City Manager to execute the Contract in a form as approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 13 Consideration and possible action regarding the approval of a Professional Services Agreement between JAS Pacific, Inc and the City of El Segundo for building inspector services (Fiscal Impact $25,000) MOTION by Council Member Fisher, SECONDED by Council Member Boulgarides to approve Professional Services Agreement No 3688 with JAS Pacific, Inc for building inspector services and authorize the City Manager to sign the agreement, approved as to form by the City Attorney MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER, ABSTAINING COUNCIL MEMBER JACOBSON A DUE TO A POTENTIAL CONFLICT REGARDING HIS RESIDENCE AND RESIDENTIAL SOUND INSULATION PROGRAM INSPECTIONS 4/0/1 G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — NONE Council Member Jacobson — NONE Council Member Boulgarides — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 8 Mayor Pro Tern Busch — NONE Mayor McDowell — Wished a happy retirement to retiring Police Chief Jack Wayt and Council Assistant Julia Abreu -Mason 14 Consideration and possible action regarding the annual request of Mr S Claus for variances from the Municipal Code MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to approve 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), (4) Waiver of ESMC 8 -4 -11B (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), 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), (8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4) 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 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 Jack Wayt, resident, thanked the community, Council and staff for their support over the course of his 40 year career with the Police Department MEMORIALS — In memory of Shirley Widen, who passed away on Sunday, December 17"' at age 72 Shirley, who was born and raised in El Segundo, had worked for the City for 40 years She retired in 1989 She is survived by her brother, Bob Widen, her two nephews and her nephew's children ADJOURNMENT at 9 06 p m Cindy Mor6 sen, City CI rk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 9