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2006 SEP 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor Pro Tern Busch at 5 00 p m ROLL CALL Mayor McDowell - Present arrived at 5 09 p m Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items Identified on the agenda and that the 54956 9(b) Item was a threat of litigation regarding the Payne Claim No 06 -04 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)) — 4 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 City of El Segundo vs City of Los Angeles, et al LASC No. BS094279 Gilbreath v El Segundo, LASC Case No YCO53692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (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 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -1- matter Labor Negotiator Jeff Stewart Represented Employees El Segundo Supervisory and Professional Employees Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS - -0- matter Council recessed at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Pastor Dr SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Presentation by Dina Cramer, Public Information and Manager, El Segundo Library, to the Mayor, Mayor Pro Tern and Council Members of the book, To Kill a Mockingbird, and announcement regarding the "One Book, One City" program, during the months of September and October, 2006 (b) Presentation by Rob Katherman, Board Member, regarding the Water Replenishment District of Southern California's role in California's water supply ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - 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 - NONE 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 Boulgarides 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 3 Consideration and possible action (Public Hearing) regarding the FY 2006 -2007 Preliminary Budget and Five -Year Capital Improvements Plan Including discussion and possible direction regarding all City revenues and expenditures Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the FY 2006 -2007 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Bret Plumlee, Administrative Services Director, gave a report MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to continue the Public Hearing to September 19, 2006 and schedule the budget adoption for the September 19, 2006 meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the 2005 -06 Annual Report of the Recreation and Parks Commission to City Council Oral presentation will be made by Recreation and Parks Commission Chairperson, Bob Motta (Fiscal Impact None) Bob Motta, Recreation and Parks Commission Chairperson, gave a report Council consensus to receive and file the 2005 -06 Annual Report of the Recreation and Parks Commission to City Council 3 Consideration and possible action regarding setting a date and time for interviewing candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and Los Angeles International Airport ( "LAX ") Area Advisory Committee Council consensus to set date for interviews of candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and LAX Area Advisory Committee for 6 00 p m , Tuesday, September 19, 2006 4 Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of light pole banner program to promote awareness of El Segundo, as part of Business Recruitment Campaign Project (Fiscal Impact $18,000 in FY 2005 -06) MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 4 Jeff Stewart, City Manager, tabled the Item until the next Regular City Council Meeting on September 19, 2006 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 Approved Warrant Numbers 2554852 to 2555185 on Register No 22 in the total amount of $2,602,125 44 and Wire Transfers from 8/4/2006 through 8/24/2006 in the total amount of $2,004,214 45 Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 6 Approved City Council Special Meeting and Regular Meeting Minutes of August 15, 2006 7 Received and filed Fiscal Year 2005 -2006 Third Quarter Financial presentation 8. Declared vehicles, equipment and miscellaneous supplies identified In staff report as surplus and authorized the Risk Manager /Purchasing Agent to sell items at auction Authorized City Manager to trade -in Xerox 5100 analog copier for a new replacement digital machine 9 Authorized the City Manager to execute Agreement No 3635, in a form as approved by the City Attorney, with the County of Los Angeles to install automatic retractable screens on 15 City Catch Basins to reduce storm water pollution (Fiscal Impact Initial installation = no impact, future maintenance = $500 per year estimate) 10 Authorized the City Manager to execute Contract No 3636 with MRH Structural Engineers for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility and grading plan review services on an as- needed basis Contract may be extended annually, not to exceed three years. Total cost not to exceed $257,544 for Fiscal Year 2006 -2007 (Fiscal Impact $257,544) 11 PULLED FOR DISCUSSION BY THE CITY ATTORNEY 12 Authorized the City Manager or designee to purchase two trailer- mounted electronic message boards from American Barricade Inc at a cost of $33,995 13 to provide incident Information or emergency instructions to motorists (Fiscal Impact Purchase = $33,995 13 Grant Funds, future maintenance = $200 per year estimate) 12a Accepted $3,000,000 Grant Agreement No 3637 for Project No AIP 3 -06- 0139 -41, from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program Authorized the Mayor to execute MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 5 MOTION by Council Member Boulgandes SECONDED by Council Member Fisher to approve Consent Agenda Items 5, 6, 7, 8, 9, 10, 12 and 12a MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 11 Consideration and possible action regarding the award of a contract to American Asphalt South, Inc for 2005 -2006 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No PW 06 -09 (Fiscal Impact $263,248 81) City Attorney Mark Hensley announced that Mayor McDowell and Mayor Pro Tem Busch, due to the location of their residences, and Council Member Fisher due to the location of his business, had potential conflicts with respect to Consent Item No 11 In order to have a voting quorum, Council Member Fisher was selected by random draw to participate in the item Mayor McDowell and Mayor Pro Tern Busch left the dais due to a potential conflict MOTION by Council Member Boulgandes, SECONDED by Council Member Fisher to award Contract No 3638 to American Asphalt South, Inc for the 2005 -2006 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No PW 06 -09 MOTION PASSED BY UNANIMOUS VOICE VOTE 3/0 Mayor McDowell and Mayor Pro Tern Busch not participating due to potential conflicts Mayor McDowell and Mayor Pro Tern Busch returned to the dais NEW BUSINESS 13 Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for a new restaurant under construction at a new shopping center (Plaza El Segundo) located at 2008 and 2014 Park Place, EA No 704 and AUP No 06 -3 Applicant Marmalade Inc AKA Marmalade Cafe (Fiscal Impact None) Council consensus not protest the Issuance of new Type 47 and Type 58 ABC licenses at 2008 and 2014 Park Place G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — Announced, regarding the Gilbreath v El Segundo, LASC Case No YC053692, the City Council In Closed Session by a 5/0 vote directed staff to undertake to defend this action on behalf of the City REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 6 Council Member Fisher — NONE Council Member Jacobson — NONE Council Member Boulgandes — Announced the upcoming 9/11 memorial at 8 00 a m at Freedom Park Mayor Pro Tern Busch — Commended all on the successful drama production Seussical Mayor McDowell — Congratulated the Police Officers Association on their annual Car Show Announced the Fire and Police Annual Pancake Breakfast, September 9, 2006, Fire Station 1 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 - NONE MEMORIALS — David Scott Rogers, long -time resident and father of Michele Rogers, El Segundo Optometrist, died of heart failure at age 69 while at a family reunion on August 15, 2006 Hugh Graham, father of Sergeant Al Graham of our El Segundo Police Department, died at age 74 on Saturday, August 19, 2006 He is survived by his wife Irene of 54 years and his two sons, Donald and Allison CLOSED SESSION - NONE ADJOURNMENT at 7 50 p m Cathy Do ann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 05, 2006 PAGE NO 7