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2007 DEC 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 4, 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 Council Member Boulgarides - 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. Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) item was a threat of litigation regarding Cortes Claim 07 -58. 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 Solomon vs. City of El Segundo, LASC No. BC372401 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -1- matters 1. City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 1 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- matters 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 December 4, 2007 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 4, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Father Robert Victory, St. Anthony's Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — a. Council Member Jacobson presented a Proclamation proclaiming December, 2007 the month of Lighting Up the Community and invite the residents of El Segundo to warmly welcome the member of the Kiwanis Club as they judge the 2007 Lighting up the Community program. b. Council Member Fisher presented a Proclamation to proclaiming the 1200 Block of Acacia Avenue as CANDY CANE LANE from December 8, 2007 at 7:00 p.m., through December 23, 2007, and invite the young and young at heart to experience the wonders of this El Segundo holiday tradition C, Mayor ProTem Busch presented a Proclamation to proclaiming Sunday, December 9, 2007, as the 44th Annual El Segundo Holiday Parade, invite the community to all the traditional El Segundo holiday events and wish the Chamber of Commerce many more years of marching down Main Street. 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 Garnholtz, resident, requested clarification on Consent items 6 and 8. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding the approval of Contract Change Orders in conjunction with construction of the Douglas Street Gap Closure Project. (Fiscal Impact: $422,482.00) City Manager Jeff Stewart gave a brief report. Dan Garcia, Assistant City Engineer, responded to questions. MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to authorize the Director of Public Works to execute Change Order numbers 27, 28, 29, 30 & 31 to the existing Public Works Agreement with SEMA Construction, Inc. in the total amount of $422,482.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action regarding the positions on Committee, Commissions and Boards ( "CCBs ") that will expire in the year 2008. Council Consensus to direct staff to open the recruitment process for the positions on the CCBs, as listed. 3. Consideration and possible action regarding a recommendation by the Aviation Safety and Noise Abatement Committee (ASNAC) to appoint two new members to the Commission. MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Busch to approve the nomination of Kathleen Umbenhaur and Suzanne Fuentes to the Aviation Safety and Noise Abatement Committee (ASNAC). 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 4 4. Approved Warrant Numbers 2562839 to 2563100 on Register No. 4 in the total amount of $2,417,860.60 and Wire Transfers from 11/09/2007 through 11/21/2007 in the total amount of $1,626,945.56. Authorize staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfer. 5. Approved Regular City Council Meeting Minutes of November 20, 2007. 6. Approved the conveyance of an easement prepared by Thomas Properties Group, Inc. (TPG) and located near Nash Street and Mariposa Avenue in a form approved by the City Attorney to the Southern California Gas Company (SCG) to construct and maintain their facilities. (Fiscal Impact: None) Authorized the City Manager execute and record such easement. 7. Approved and accepted Mar Ventures, Inc. final Vesting Tract Map No. 68231, a 14.01 - acre, 8 lot subdivision property bounded by Atwood Way, Nash Street, Douglas Street and Maple Avenue. (Fiscal Impact: None) Authorized the City Engineer and City Clerk to sign and record said map. 8. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to approve Consent Agenda Item Numbers 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action to accept the work as complete on the Athletic Facility Project at 2201 East Mariposa Avenue Approved Capital Improvement Project. Project No. PW 06 -13. (Final Contract Amount = $5,341,010.30) Approve Change Order No. 4 in the amount of $31,799.08. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION by Mayor ProTem Busch SECONDED by Council Member Boulgarides to accept the work as complete on the Athletic Facility Project at 2201 East Mariposa Avenue approved Capital Improvement Project. Project No. PW 06 -13. (Final Contract Amount = $5,341,010.30) Approve Change Order No. 4 in the amount of $31,799.08. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Consideration and possible action to approve the proposed City of El Segundo Athletic Field monument sign design and location of the two proposed signs approximately at the intersection of Nash Street and Mariposa Avenue. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 5 MOTION by Council Member Boulgarides, to amend the signs as follows: Campus El Segundo, Athletic Field, (centered and bigger); City of El Segundo increase the font with Seal and follow the same design that is being used at our monument signs at Sepulveda and El Segundo. Use a uniform font. MOTION FAILED. MOTION by Council Member Fisher, to amend the signs as follows: Campus El Segundo with the Athletic Field font size reduced, center City of El Segundo increase the font with Seal, follow the same design that is being used at our monument signs at Sepulveda and El Segundo. Use the standardize font. MOTION FAILED. Council consensus for Staff to return with some drawings incorporating the following suggested changes: reduce size of "Athletic Field ", "City of El Segundo" should be larger — at least the same size as "Campus El Segundo "; use City logo; font for "City of El Segundo" should be the same as other signage; all should be centered. Council Member Jacobson requested sign be set back further than the 15 feet setback from corner if possible. F, NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY - Announced that in Closed Session Council unanimously rejected the claim of Cortes filed on November 19, 2007. REPORTS — CITY CLERK 10. Consideration and possible action regarding Council consensus to cancel the January 2, 2008 City Council Meeting MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to approve cancellation of the January 2, 2008 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Requested an AED be placed at the new Athletic facilities. Announced that air quality figures should be available in February. Mayor Pro Tern Busch — Attended the grand opening of the Center Street School Science Center. Mayor McDowell — Spoke regarding the new Center Street School Science Center. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 6 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 — Paul Mclroy, former El Segundo resident. CLOSED SESSION — NONE ADJOURNMENT at 7:47 p.m. Cindy Mort sen, City Clork MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2007 PAGE NO. 7