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2007 AUG 07 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 7, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present — arrived at 5:25 p.m. Council Member Boulgarides - Present — arrived at 5:02 p.m. 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 �%w 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 vs. City of Los Angeles, et. al. LASC No. BS094279 In the matter of Victoria Golf Course Site (Former BKK Carson Dump, Carson, California) State of California, California Environmental Protection Agency, Dept. of Toxic Substance Control, Docket No. HSA -CO 05106 -114 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): -2- matters Public Employee Evaluation Title: City Manager MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2- matters �Aw 1. Labor Negotiator: Jeff Stewart, City Manager Represented Employees: City Employees Association (CEA) 2. Labor Negotiator: Jeff Stewart, City Manager Represented Employees: Police Support Services Employees Association (PSSEA) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter Council recessed at 6:50 p.m. �h. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 7, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Daryl Carson from Calvary Chapel LAX PLEDGE OF ALLEGIANCE — Councilmember Carl Jacobson PRESENTATIONS — (a) Presentation to the City Council by the by Geoff Yantz, Superintendent, El Segundo Unified School District. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present %1, 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 and Aviation Safety and Noise Abatement Committee (ASNAC), spoke on airport issues. Requested the City prepare a spreadsheet of logged LAX complaints and mapping of complaints. Also spoke regarding item 3, a new surveillance system for LAX early turns. Gail Church, Tree Musketeers, thanked Council for endorsing the U.S. Conference of Mayors' Climate Protection Agreement. Also spoke regarding the proposed removal of the Stone Pine at Richmond Street School and the upcoming meeting to discuss the matter. A. PROCEDURAL MOTIONS MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS i` VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS `IIIirr, 1. Consideration and possible action to open a Public Hearing and adopt Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding adoption of a Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Clerk Domann stated that proper notice was completed and no written communication had been received by City Clerk's Office. Steve Finton, Public Works Director, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Boulgarides, Seconded by Mayor Pro Tern Busch to adopt Resolution No. 4516 finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 i`, C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the approval of Contract Change Orders in conjunction with construction of the Douglas Street Gap Closure Project. (Fiscal Impact: $422,700 in Change Orders) Steve Finton, Public Works Director, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher, to authorize the Director of Public Works to execute Change Order Numbers 4, 24 and 25 to the existing Public Works Agreement with SEMA Construction, Inc. in the total amount of $422,700. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action regarding purchase of a new video surveillance system for monitoring early turn of LAX aircraft overflights of El Segundo at the 700 block of W. Imperial Avenue. (Fiscal Impact: $45,000 in FY 2006 -07) Jeff Stewart, City Manager gave a brief introduction. Steve Storm, ASNAC Member, gave a presentation. OR MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 4 MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve `w the recommendation of the Aviation Safety and Noise Abatement Committee (ASNAC) to replace the obsolete LAX monitoring system with a state -of- the -art video surveillance system; Instruct staff to develop plans and specifications in consultation with ASNAC; Authorize the staff to advertise project elements for bid; Approve an appropriation of $45,000 for project financing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 2560665 to 2560990 on Register No. 20 in the total amount of $3,479,903.20 and Wire Transfers from 7/6/2007 through 7/26/2007 in the total amount of $1,830,758.75. 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. Approved Regular City Council Meeting Minutes of July 17, 2007. 6. Adopted Resolution No. 4517 authorizing the annual destruction of identified records in accordance with the provisions of § 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000) `r 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES. 8. Received and filed a determination that the City Council does not protest the issuance of a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 47 — On -Site Sale and Consumption of Beer, Wine and Distilled Spirits) at a new restaurant ( "Chipotle ") located at 307 North Sepulveda Boulevard EA No. 753 and AUP No 07 -05. Applicant: Elizabeth Valerio 9. Second reading and adoption of Ordinance No. 1406 to readopt a Statement of Overriding Considerations and amend Development Agreement No. 03 -01 with Rosecrans - Sepulveda Partners, 2, LLC and Rosecrans - Sepulveda Partners, 3, LLC for Plaza El Segundo to allow one health club or fitness center that does not exceed 6,500 square feet of leasable area. 10. Approved a budget amendment of $33,500 and a budget appropriation of $58,500 and authorized the City Manager to execute a Professional Services Agreement No. 3735 with Willdan in the amount of $58,500 for planning and environmental consultant services relating to the preparation of an update of the General Plan Housing Element. (Fiscal Impact: $58,500 - $25,000 budged for FY 2006/07) 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 5 12. Adopted Resolution No. 4518 amending Resolution No. 4162 changing street sweeping `,,, parking restrictions on Franklin Street from Main Street to Concord Street to Wednesday, 8 a.m. to 10 a.m. and authorized the modification of parking restrictions in the City parking lot at the northeast corner of Franklin Avenue and Richmond Street to dedicate 41 of the 52 spaces as 2 -hr. parking from 8 a.m. to 6 p.m. 13. Approved corporate naming logos, signs and plaques proposed to be placed on the entrance gate at the Athletic Facility project at 2201 E. Mariposa Avenue pursuant to the Athletic Facility Naming Rights License Agreement with Thomas Properties Group, LLC and as approved by the Recreation and Parks Commission (Fiscal Impact: None) 14. Adopted Ordinance No. 1407 to amend El Segundo Municipal Code Section 7 -1 in its entirety to regulate public nuisances, including graffiti. (Fiscal Impact: None) 15. Received and filed status report regarding assisted living facilities. (Fiscal Impact: None) MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to approve Consent Agenda Item Numbers 4, 5, 6, 8, 9 10, 12, 13, 14 and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. Consideration and possible action regarding the acceptance of $89,800 in grant funding `, from the U.S. Department of Homeland Security, through the Office of Grants and Training, under the Fiscal Year 2006 Urban Areas Security Initiative (UASI 2006), to pursue interoperable breathing equipment for the Fire Department. (Fiscal Impact: $89,800) MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to accept $89,800 in grant funding from the U.S. Department of Homeland Security, through the Office of Grants and Training, under the Fiscal Year 2006 Urban Areas Security Initiative (UASI 2006), to pursue interoperable breathing equipment for the Fire Department. Authorized the City Manager to sign Agreement No. 3736 with the City of Los Angeles who will serve as grant administrator. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding the award of a contract to DenBoer Engineering & Construction for the installation of water mixers in the 3.1 Million Gallon Circular Tank and the 6.3 Million Gallon Reservoir at 400 Lomita Street. Capital Improvement Program RFP No. 07 -05. Water Project No. 7103 -8229. (Fiscal Impact: $179,000) MOTION by Council Boulgarides, SECONDED by Mayor Pro Tem Busch to award Contract No. 3737 to DenBoer Engineering & Construction for the installation of water mixers in the 3.1 Million Gallon Circular Tank and the 6.3 Million Gallon Reservoir at 400 Lomita Street. Capital Improvement Program RFP No. 07 -05. Water Project No. 7103 -8229. (Fiscal Impact: $179,000) Authorize the City Manager to execute the contract in a form approved by the City Attorney. �%' NEW BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 6 G. REPORTS — CITY MANAGER - NONE �► H. REPORTS — CITY ATTORNEY - NONE �%w REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson - Spoke regarding the work being done to reduce LAX early turns and increased noise. Council Member Boulgarides - 16. Consideration and possible action to authorize SCS Engineers to perform indoor and outdoor air sampling at various locations within the City of El Segundo. (Fiscal Impact: $10,000) MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to authorize the City Manager to execute a Professional Services Agreement in an amount not to exceed $10,000 to perform specified air sampling work. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Busch - 17. Consideration and possible action to approve use of the City's ligature artwork by El Segundo Kiwanis for event - related promotional merchandise in connection with the 31st Annual Richmond Street Fair. MOTION by Council Member Boulgarides, SECONDED by Mayor Pro Tern Busch to approve the use of the City's Ligature artwork by El Segundo Kiwanis for event - related promotional merchandise in connection with the 31St Annual Richmond Street Fair and authorized the City Manager to execute License Agreement No. 3738 with the El Segundo Kiwanis in a form approved by the City Attorney. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER; ABSTAIN: COUNCIL MEMBER JACOBSON. 4/0/1 Also spoke regarding El Segundo night at Dodger Stadium. Mayor McDowell — Spoke regarding LAX noise issues and the City's efforts to remedy the situation. Also spoke regarding noise complaint procedures and reporting. Requested City to move toward having existing staff with more commercial aviation knowledge handle the complaints in order to improve reporting. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7. 2007 PAGE NO. 7 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 �%w 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. Steve Storm, resident, spoke regarding the outboard runway take -offs. Liz Garnholz, resident, spoke on proposed air quality testing and requested particulate matter be measured also. Spoke regarding placing a sign on Cutters Bluff to ward off early turns. Iwona Palusinski, resident living on northwest side of El Segundo, suggested the FAA spend time in El Segundo to witness the LAX noise problem in person. Mike Murphy, resident, spoke in support of Council action to reduce LAX noise. Council Member Fisher requested agendizing report on what can be done regarding placement of a sign at Cutters Bluff. MEMORIALS — Wendell B. Roberts and Raymond Gordon. 1%. ADJOURNMENT at 8:35 p.m. 6'YYtM" �� Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 7, 2007 PAGE NO. 8