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2007 APR 03 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 3, 2007 - 6 00 P M 5 00 P M SESSION — Adjourned to 6 00 p m CALL TO ORDER — Mayor McDowell at 6 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - 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 - NONE 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)) — 2 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 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) -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 SPECIAL MATTERS -0- matter Council recessed at 6 50 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 3, 2007 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 05 p m INVOCATION — Pastor John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS — (a) Council Member Fisher presented a Proclamation declaring April as Sexual Assault Awareness Month and designating April 25, 2007 as Denim Day to communicate the impact of rape and sexual violence in Southern California (b) Council Member Boulgarides presented a Commendation to Allison Reaser upon winning the Group "B" CSLSA/USLA (California Surf Lifesaving Association /United States Lifesaving Association) Poster Contest ROLL CALL Mayor McDowell - Present Mayor Pro Tem 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 Robert Ackerman, Westchester Resident and Vice - Chairman of ARSAC, Spoke about the expansion of LAX, spoke about the effort of the coalition of communities in promoting a regional airport plan Liz Garnholtz, Resident, spoke regarding New Business Item 12, consideration of an approval for a license agreement regarding the naming rights of the athletic fields located on the northeast corner of Nash and Mariposa Avenue MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 2 Don Mcllroy, Resident, spoke in favor of the Invocation at Council Meetings John Svendsen, First Baptist Church, invited the community to attend the sunrise services at Library Park on Sunday, April 8, 2007 A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Fisher, SECONDED by Council Member Jacobson 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 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a status report of the issues identified by the Ad Hoc Aquatics Operations Committee, summary of actions taken, and recommendations by the Recreation and Parks Commission (Fiscal Impact None) Richard Brunette, Recreation and Parks Director, gave a report MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to approve the attached status report identified by the Ad Hoc Aquatics Committee, summary of actions taken, and recommendations from the Recreation and Parks Commission with item numbers 6 and 34 changed to reflect a pro rated credit being granted for patrons when the pool is closed due to unforeseen circumstances SUBSTITUTE MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to adopt the Recreation and Parks Commission recommendations with item number 44 being changed to retain a 55% residency requirement MOTION FAILED BY THE FOLLOWING VOICE VOTE; AYES: MAYOR MCDOWELL AND COUNCIL MEMBER JACOBSON; NOES: MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER. 2/3 MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to approve the attached status report identified by the Ad Hoc Aquatics Committee, summary of actions taken, and recommendations from the Recreation and Parks Commission with item numbers 6 and 34 changed to reflect a pro rated credit being granted for patrons when the pool Is closed due to unforeseen circumstances MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES: MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER; NOES: MAYOR MCDOWELL AND COUNCIL MEMBER JACOBSON. 3/2 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 3 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 2558531 to 2558778 on Register No 12 in the total amount of $1,288,115 37 and Wire Transfers from 3/9/2007 through 3/22/2007 in the total amount of $1,502,230 74 Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 3 Approved Regular City Council Meeting Minutes of March 20, 2007 4 Approved the examination plans for the Personnel Merit System fob classification of Water/Wastewater Maintenance Worker 1 /II and Network Assistant (Fiscal Impact None) PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES Accepted the work as complete for Sycamore Avenue Street Improvements between Sheldon and Penn Streets — Project No PW 03 -15 (Final contract amount = $92,623 30) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH Waived the formal bidding process and approved a budget appropriation and Professional Services Agreement No 3706 with Data Microlmaging Company (DMC) for $15,000 to provide microfiche services to the Planning and Building Safety Department. (Fiscal Impact $15,000) Authorized the City Manager to execute the agreement 9 Waived the formal bidding process and approved a budget appropriation and Professional Services Agreement No 3707 with John L Hunter and Associates, Inc for $12,000 to provide implementation support of the City's Standard Urban Storm Water Mitigation Plan (SUSWMP) Ordinance 1329 (Fiscal Impact $12,000) Authorized the City Manager to execute the agreement 10 Received and filed a determination that the City Council does not protest modification of three new Alcoholic Beverage Control (ABC) licenses to allow for increased hours of operation for a new market currently under construction at a new shopping center (Plaza El Segundo) located at 760 South Sepulveda Boulevard, EA No 744 and AUP No 07 -03 Applicant Mrs Gooche's Natural Foods Markets, Inc (AKA Whole Foods) c/o Lanny Kusaka (Fiscal Impact None) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 4 11 Approved a budget appropriation and a Third Amendment to a Professional Services Agreement No 3570C with Willdan for providing planning consulting services for a second interim Senior Planner position for the Planning and Building Safety Department (Fiscal Impact Up to $93,600) Authorized the City Manager to execute the amendment MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to approve Consent Items 2, 3, 4, 6, 8, 9 ,10, and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA Consideration and possible action to waive the formal bidding process and approve the purchase of 20 TASER International Model X26 Tasers with digital cameras and holsters from Pro Force Law Enforcement in an amount not to exceed $28,230 from the asset forfeiture fund (Fiscal Impact None) MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to waive the formal bid process based on a sole source vendor for the purchase of TASER International Model X26 Tasers with digital cameras and holsters from Pro Force Law Enforcement MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Consideration and possible action to approve a budget appropriation of $375,000 and to amend an existing professional services agreement with MRH Structural Engineers to increase the agreement and purchase order by $375,000 for building plan review services Total amount not to exceed $632,544 for Fiscal Year 2006 -2007 (Fiscal Impact- $375,000, Expenditures are offset by revenue collected for plan review services paid by developers) MOVED by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to approve a budget appropriation of $375,000 and amended an existing Professional Services Agreement No 3636 with MRH Structural Engineers to increase the agreement and purchase order by $375,000 for building plan review services Total amount not to exceed $632,544 for Fiscal Year 2006 -2007 (Fiscal Impact - $375,000, Expenditures are offset by revenue collected for plan review services paid by developers) Authorized the City Manager to execute the amendment MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 12 Consideration and possible action to approve a license agreement between the City of El Segundo and Thomas Properties Group, LLC regarding the naming rights of the athletic fields located on the northeast corner of Nash Street and Mariposa Avenue (Fiscal Impact $1 5 million in revenues received in exchange for naming rights) Jeff Stewart, City Manager, gave a report MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 5 MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to approve the License Agreement No 3708 between the City of El Segundo and Thomas Properties Group, LLC regarding naming rights of the athletic fields located on the northeast corner of Nash Street and Mariposa Avenue Deposit $1 5 million in funds received from the agreement with Thomas Properties Group, LLC into the City's Economic Uncertainty Fund MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council consensus to have Staff return with an item for the next meeting regarding re- funding the CIP projects that were removed when funds were transferred to the athletic field construction, and schedule specific discussion of use of the funds during the upcoming Council Strategic Planning Session 13 Consideration and possible action regarding award of a six month contract extension to The Jones Payne Group for design and testing services related to the Residential Sound Insulation (RSI) Program and authorize staff to draft and advertise a Request for Qualifications (RFQ) for future design and testing services (Fiscal Impact $872,692) Jeff Stewart, City Manager gave a report MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Busch, to award an extension to Contract No 3196, to The Jones Payne Group for Design and Testing Services, Authorize the City Manager to execute the contract extension, authorize staff to draft and advertise a Request for Qualifications (RFQ) for future design and testing services MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 14 Consideration and possible action to Planning and Building Safety staff to review and to prepare municipal code amendments to the existing off - street parking and loading requirements in El Segundo Municipal Code (ESMC) Chapter 15 -15 (Fiscal Impact None) Gary Chicots, Interim Planning and Building Safety Director, gave a report. MOTION by Mayor McDowell, SECONDED by Council Member Boulgarides, to receive staff presentation Directed staff regarding proceeding with further analysis and development of municipal code amendments to ESMC Chapter 15 -15 regarding off - street parking and loading requirements MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 G REPORTS — CITY MANAGER H REPORTS — CITY ATTORNEY REPORTS — CITY CLERK REPORTS — CITY TREASURER- Attended the Government Officers Association Conference K REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 6 Council Member Fisher - None Council Member Jacobson — Requested an Item be agendized regarding Southern California Edison service and lack of communication Council Member Boulgandes — Announced the recycle drive (bottles and cans) at Center Street School to fund the replacement of light bulbs at the school Mayor Pro Tern Busch —Wished the Community Happy Easter Mayor McDowell — Spoke regarding the comments made by ARSAC's representative during earlier Public Communication and the safety of the airport and neighboring cities. Additionally, congratulated the Automobile Driving Museum on their Grand Opening and wished the community a Happy Easter 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 Liz Garnholtz, Resident, spoke regarding the license agreement for naming rights with Thomas Properties and the funding of projects Questioned the allocation of time on the new sports fields MEMORIALS — Tom Martin, former field representative to State Senator Bob Beverly and County Supervisor Don Knabe CELEBRATIONS — Birth of Ross James "RX Puffer to parents Jeff and JIII Puffer and birth of Jack Matthew Sabosky to parents Matt and Stephanie Sabosky CLOSED SESSION — NONE ADJOURNMENT — at 8 50 D m MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 3, 2007 PAGE NO 7 ATTACHMENT # 1 AD HOC AQUATIC OPERATIONS AND POOL USE COMMITTEE ISSUES ISSUE STATUS or ANSWER TO QUESTION and RECREATION and PARK COMMISSION RECOMMENDATIONS Masters Swimmers 1 Can program start earlier (at Yes Implemented Commission consensus 5 40am Instead of at 5 45am) What is the back -up plan if staff 2 with keys are not there on time in Multiple staff now have keys to open pool in am Commission consensus am 3 No on -site registration allowed at Working on getting The Plunge connected to City computer registration The Plunge system Commission consensus Can a "punch card" system be 4 created so its more of a "pay -as- Commission consensus to maintain current operations /payment systems you swim" program rather than a and to not provide a punch card or a pay- as- you-go system straight "monthly fee ".7 Can program fees be pro - rated? (if participant wants to try program for a Commission consensus to maintain current operations /payment systems 5 couple weeks or program m closed for a and to not pro -rate fees (unless the pool is unforeseeably closed for several week or multiple days in a month, weeks, at which point fees could be pro - rated) participants do not want to pay for full mo ) Can participants be reimbursed Commission consensus to maintain current operations and payment 6 for missed pool time (same issue systems and is against reimbursing (unless the pool is unforeseeably closed as pro - rating issue above)? for several weeks, at which point fees could be pro- rated) Correct Monday a m issues Implemented Maintenance staff arrive earlier in a m Saturday closing staff w /water (heat, pH, chlorine, etc) trained to monitor /check pool operational systems before closing Commission consensus 8 More pool time is desired Commission consensus to continue current group usage times and that Masters have enough pool -use time given their participation numbers 9 Why can't keys given to Contract Instructors (swim team Keys to City facilities only given to City staff Early a m opening problem coaches) issues have been corrected Commission consensus Can Participant Registration/ Participants can register and pay for the whole year, quarterly, or monthly, 10 Waiver be good for a whole year, whichever preferred Full registration /waiver completed with first payment, rather than having to be done only a payment form is signed thereafter wleach payment Commission multiple times a year? consensus Can certain people /groups be 11 allowed to swim for free (i a for high school swim staff, elite Commission consensus that all participants should pay established fees and swimmers, etc) at discretion of that certain groups or people should not be allowed to swim for free contract instructor? Can High School swimmers/ Yes Implemented High school age under -18 yr olds now allowed in 12 teens be allowed to swim in program w /contract instructor approval, a swim coach (i a High School or Masters program o club team coach) reference and parent - signed waiver /release form Commission consensus Masters swimmers were pushed out of their evening use a few As a result of investigating overall pool use and redistribution of group usage 13 years ago and only have limited pool time several years ago, and due to Masters instructor decision, the morning time currently evening time Masters had was given up Commission consensus 14 Why is there a need for 2 life Safety Commission consensus to maintain policy of 2 guards at a minimum guards on deck at all times? El Segundo High School 15 Would like more Summer swim Several programs might use increased pool time Commission consensus program time in pool more time could be given to ESHS if other programs have less time 16 They have no Friday swim time in Currently, Friday morning is only specific time set aside for maintenance summertime during the summer Commission consensus Group Swim Lessons 17 Adaptive classes need to be Implemented Commission consensus restricted to the small pool If adaptive, youth lessons, or other use is allowed in big pool 18 during adult lap swim, place sign Implemented Commission consensus on deck for identifying lanes for this purpose during adult lap swim FallMinter /Spring lesson times Current pool usage cannot accommodate earlier lesson times without taking 19 are too late in the evening (can they start earlier in evening ?) time away from other group use Commission consensus 20 Why do parents need to stay off This is a safety and program operations policy Commission consensus to the pool deck? maintain current operational policy Swunnastics 21 No one was present representing Staff attempted to have Swimnastic participation on the Ad Hoc Committee Swimnashcs group No one from Swimnashcs chose to participate at either Committee meeting Lap Swim 22 Shower heads in locker room Shower heads replaced Staff monitor and ask HS teams /coaches to showers are missing monitor too Commission consensus Years ago participation was low in late- afternoon Saturday and on Sundays 23 More lap swim time on Saturday Coupled w /aquatic program funding reductions, resulted in hours reductions & Sunday Staff can request additional funding, if participation doesn't justify need, expanded use time not necessary Commission consensus If The Plunge is closed Sundays, 24 educate the public and place Implemented Commission consensus signage outside Public needs to be more informed 25 of pool programming, more signage re operational hours, New signage has been created and posted Commission consensus closures for maintenance Recreational Swim Increase the amount of time for Years ago participation was low in late- afternoon Saturday and on Sundays 26 Rec Swim on Saturday's Coupled w /aquatic program funding reductions, resulted in hours reductions Staff can request additional funding Commission consensus Aquatic staff are enforcing participant pool use restrictions in small pools in The Plunge small pools need to order to curb inappropriate behavior that was causing problem issues 27 have age or size limitations for Commission consensus their use Restrict what people can bring Implemented Restrictions have been placed and signs posted Commission 28 into the pool consensus Keep those who can't pass swim To address this Issue, aquatic staff are monitoring swimmers and directing 29 test in shallower end (by Installing non - swimmers to shallower end of the pool Commission consensus new lane line In pool at the 5' ) What Lifeguard Training Is Standard, multiple Red Cross certificates /training required for aquatic staff 30 required /provided Additional in -house trainings provided Aquatic Manuals for aquatic staff In place Commission consensus Lifeguards need to be more Implemented Specific training has been provided and incorporated Into on- 31 vocal, assertive and authoritative, going aquatic staff tralnings Commission consensus enforce more deep water testing of swimmers, etc 32 Lifeguards need to be In matching Implemented Commission consensus uniform (swimsuits, whistles, etc ) Sea Turtles Youth Team Can program fees be pro -rated (if participant wants to try program for a Commission consensus to maintain current operations /payment systems 33 couple weeks or program is closed for a and not pro - rating fees (unless the pool Is unforeseeably closed for several week or multiple days in a month, weeks, at which point fees could be pro- rated) participants do not want to pay for full mo ) Can fees be reimbursed when Commission consensus to maintain current operations and payment 34 Program Is closed /not offered for systems and not reimburse fees (unless the pool Is unforeseeably closed for appropriate &/or approved several weeks, at which point fees could be pro- rated) reasons? Could Sea Turtles use pool time 35 given to High School when High Implemented Commission consensus School Is at away meets/matches? Can a "punch card" system be 36 created so its more of a "pay -as- Commission consensus to maintain current operations /payment systems you swim" program rather than a and not implement a punch card or a pay -as- you -go system straight "monthly fee" '� Staff, specifically program check - 37 in person, needs to be more Implemented Commission consensus friendly and provide better customer service Have an updated participant 38 registration list/roster at the pool Implemented Commission consensus facility daily Can a "try out time" for potential 39 participants be established and Implemented Free "try -out" time established every Wednesday night fees be less or waived (have a Commission consensus grace period) 40 Volunteer Coaches & Processing Implemented Process In place, must pass background check /screening time of contract instructors process Commission consensus 41 Why do parents need to stay off the pool deck This Is a safety issue & program operational policy Commission consensus 42 Can parents or others be Implemented Process In place, must pass background check/screening assistant coaches? process Commission consensus 43 Can parents or others be Implemented Process in place, must pass background checklscreen+ng volunteers? process Commission consensus Current Dept policy identifies 50% minimum residency requirement for Why there Why is there a requirement for a aquatics contract instructional programs Commission voted 4 to 1 r percentage of residents (Commissioner Glynn -Rich opposed) to approve unanimous Subcommittee 44 in the program and why rt recommendation to remove the 50% minimum residency requirement but to enforced require El Segundo residents be given priority registrations at all times over non - residents and if necessary bump a registered non - resident to allow a resident into a program if necessary 45 The Sea Turtles website needs Implemented Contract instructor updated the Sea Turtles website updating Commission consensus Pool Rental Groups South Bay United Water Polo (was "Kai Water Polo') Why are rental groups treated Rental groups aren't a contract instructional class and fall under facility /pool 46 differently than other groups using the pool rental policies and procedures Commission consensus El