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2007 JUL 17 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 17, 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. SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to appoint the City Manager as labor negotiator for terms and conditions of employment of City Employees Association (CEA) and Police Support Services Employees Association (PSSEA). MOTION by Council Member Boulgarides, SECONDED by Mayor Pro Tern Busch to appoint Jeff Stewart, City Manager, as labor negotiator for terms and conditions of employment of City Employees Association (CEA) and Police Support Services Employees Association (PSSEA). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda. 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: MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 1 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): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS — EVALUATION OF PUBLIC EMPLOYEE (Gov't Code §54957): -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6)-.-2- matter 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 Council moved to open session at 5:40 p.m. SPECIAL MATTERS: -1- matter Interview of candidates and potential appointments to the Recreation and Parks Commission, Library Board of Trustees, and Senior Citizen Housing Corporation Board. [Note: the interviews will commence at approximately 5:40 p.m. and take place in the West Conference Room.] Council consensus to re- appoint Margie Randall to the Recreation and Parks Commission for a full term ending May 30, 2011; and Kathleen Coonan and John Morrill to the Library Board of Trustees for full terms ending June 30, 2010; and to re- appoint Peter Freeman and appoint John Widen the Senior Citizen Housing Corporation Board for full terms ending June 30, 2011. Council recessed at 6:55 p.m. we MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 17, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Bishop Craig Layne, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Councilmember Bill Fisher PRESENTATIONS — a. Council Member Boulgarides presented a Proclamation commemorating July 22, 2007 as National Parents Day in El Segundo b. Jacki Bacharach, Executive Director South Bay Cities Council of Governments, gave a presentation to the Council on the South Bay Energy Savings Center. C. Proclamation to Lieutenant Hamel commending the Space and Missile Systems Center team on their attainment of 50 consecutive launch milestone. Item held to the August 7, 2007 Regular Meeting 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. United States Coast Guard, requested approval of the fee waiver for their Birthday celebration. Robin Funk, Board Member, El Segundo School District; requested approval of item 22, approval of a one -year extension of Funding Agreement No. 2893 with the El Segundo School District. A. PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 3 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. i. 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 VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to conduct a public hearing regarding (1) introducing and waiving first reading of an Ordinance, adopting a First Amendment to Development Agreement No. 03 -01 with Rosecrans - Sepulveda Partners, 2, LLC and Rosecrans- Sepulveda Partners, 3, LLC to (a) readopt a Statement of Overriding Considerations and (b) allow for one health club or fitness center that does not exceed 6,500 square feet of leasable area for the property located at 710 -850 South Sepulveda Boulevard, 700 -740 Allied Way, and 2005 -2015 East Park Place; (2) schedule second reading and adoption for August 7, 2007; and (3) take such additional, related, action that may be desirable. (Fiscal Impact: None) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding (1) introducing and waiving first reading of an Ordinance, adopting a First Amendment to Development Agreement No. 03 -01 with Rosecrans - Sepulveda Partners, 2, LLC and Rosecrans - Sepulveda Partners, 3, LLC to (a) readopt a Statement of Overriding Considerations and (b) allow for one health club or fitness center that does not exceed 6,500 square feet of leasable area for the property located at 710 -850 South Sepulveda Boulevard, 700 -740 Allied Way, and 2005 -2015 East Park Place. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Mark Hensley, City Attorney, gave a brief report. Applicant, Dan Cross, LLC and Rosecrans - Sepulveda Partners, spoke regarding the amendment to the Development Agreement. Consensus to close the Public Hearing. MOTION by Council Member Boulgarides, SECONDED by Mayor McDowell to waive reading and introduce Ordinance No. 1406. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Second reading and adoption scheduled for August 7, 2007. C. UNFINISHED BUSINESS 2. Consideration and possible action to amend El Segundo Municipal Code Section 7 -1 in its entirety to regulate public nuisances, including graffiti. (Net Fiscal Impact to City: None) Dave Cummings, Police Chief, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 4 Council Member Jacobson introduced the ordinance with the deletion of paragraph A -2 Section 7- 1-13 and the correction of the County name in paragraph C of Section 7 -1 -28. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1407 AN ORDINANCE AMENDING CHAPTER 7 -1 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY TO REGULATE PUBLIC NUISANCES, INCLUDING GRAFFITI Second reading and adoption scheduled for August 7, 2007. 3. Consideration and possible action to receive and file report on Recreation Vehicle (RV) parking within the city and survey of other cities regarding RV parking. (Fiscal Impact: None) Dave Cummings, Police Chief, gave a report. Council consensus to receive and file report. C. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. Consideration and possible action regarding the announcement of the appointment of candidates to the Recreation and Parks Commission, Library Board of Trustees and Senior Citizen Housing Corporation Board. Mayor McDowell announced the re- appointment of Margie Randall to the Recreation and Parks Commission for a full term to expire May 30, 2011, re- appoint Kathleen Coonan and appoint John Morrill to the Library Board of Trustees for full terms to expire June 30, 2010 and re- appoint Peter Freeman and appoint Robert Widen to the Senior Citizen Housing Corporation Board for full terms ending June 30, 2011. 5. Consideration and possible action to receive and file the Annual Report of the Capital Improvement Program Advisory Committee (CIPAC). Oral presentation will be made by CIPAC Chairman Mr. Jason Aro. (Fiscal Impact: None) Mr. Jason Aro, CIPAC Chairman, gave a presentation. Council consensus to receive and file the Annual Report of CIPAC. 6. Consideration and possible action regarding Downtown Subcommittee status report and recommendations for Downtown El Segundo gateway signage design and signage locations. (Fiscal Impact: None) Council consensus to receive a progress report from the Downtown Subcommittee. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 5 Consensus to approve gateway signage concept and sign locations. Staff and Committee requested to coordinate signage with other "key locations" and existing signs within the city and explore type face and size. Committee to return with cost detail for signage fabrication and 1� installation and report back to Council with a funding plan. Mark Hensley, City Attorney, stated that Council Member Boulgarides and Council Member Jacobson do not have a conflict regarding Consent Agenda Item No. 14. 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. 7. Approved Warrant Numbers 2560189 to 2560448 on Register No. 18 in the total amount of $910,832.43 and Wire Transfers from 6/8/07 through 6/21/07 in the total amount of $1,483,440.98 and Warrant Numbers 2560449 to 2560664 on Register No. 19 in the total amount of $1,883,119.75 and Wire Transfers from 6/22/07 through 7/5/07 in the total amount of $1,165,440.97. 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. 8. Approved Regular City Council Meeting Minutes of June 19, 2007. 9. Waived the formal bidding process per the El Segundo Municipal Code Sec. 1 -7 -10 and authorize the Fire Department to purchase WebEOC Crisis Information Management Software to implement in the City Emergency Operations Center. (Fiscal Impact: $55,050) Authorized the Fire Department to purchase WebEOC Crisis Information Management Software. 10. COUNCIL MEMBER JACOBSON REQESTED REQUESTED THIS ITEM BE HELD OVER TO THE AUGUST 7, 2007 REGULAR MEETING 11. Adopted Resolution No. 4513 providing for salary and benefit changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code and Resolution No. 4514 updating the Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan. (Fiscal Impact: $185,895) 12. Approved Amendment No. 2 to the City Manager's Contract No. 3474 and authorized payment of the $17,500 bonus provided for in the City Manager's current contract. 13. Authorized the City Manager to execute License Agreement No. 3729 with Kirk Lebowe and James Savela for the installation of an overhead canopy in the airspace above the public right -of -way at 347 Main Street. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 6 14. Adopted plans and specifications for Replacement of Water Mains, located at 600 -700 block of Lomita and Sierra Streets, 800 block of Bungalow Drive, 800 block of Maryland Street and 900 -1000 block of Walnut Avenue. Approved Capital Improvement Project — Project No. PW 07 -10. (Estimated Cost: $832,000) Authorized staff to advertise the project for the receipt of construction bids. 15. Awarded of Contract No. 3730 to Shaw Industries Inc. for the installation of new carpeting at Joslyn Center. (Fiscal Impact: $11,418.03) Authorized the City Manager to execute the contract in a form approved by the City Attorney in the amount of $11,418.03 by piggybacking onto a State of California Contract No. 4- 97- 72- 0008A. 16. Adopted plans and specifications for the slurry sealing of Sycamore Avenue from Penn Street to Sheldon Street and streets in the area bounded by Sheldon Street, Mariposa Avenue, El Segundo Boulevard and the west City Limits. Project No. PW 07 -11. (Fiscal Impact: $226,000) Authorized staff to advertise the project for receipt of construction bids. 17. Awarded Standard Public Works Contract No. 3731 to All American Asphalt Inc. for Rehabilitation on the westbound lanes of Rosecrans Avenue from Douglas Street to Sepulveda Boulevard in the amount of $226,863. Approved Capital Improvement Project — Project No. PW 07 -08. (Contract Amount = $226,863) Authorized the City Manager to execute the contract in a form approved by the City Attorney. 18. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 19. PULLED FOR DISCUSSION BY MAYOR MCDOWELL 20. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 21. Awarded Contract No. 3727 to S &L Specialty Contracting, Inc. for construction related to Residential Sound Insulation (RSI) Group 21 (42 residences). Rejected bid from WE Construction, Inc. for RSI Groups 21 and 22. Accepted the withdrawal of bid from Ardalan Construction Company for RSI Group 22. Awarded Contract No. 3728 to S &L Specialty Contracting, Inc. for RSI Group 22. (Estimated construction cost and retention: $1,840,740) Authorized the City Manager to execute construction contracts in a form approved by the City Attorney. 22. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to approve Consent Agenda Item Numbers 7, 8, 9, 11, 12, 13, 14, 15, 16, 17 and 21. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 10. Consideration and possible action regarding adoption of a resolution authorizing the annual destruction of identified records in accordance with the provisions of Sec. 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 7 Council consensus to hold item over to August 7, 2007 Regular City Council Meeting. 18. Consideration and possible action regarding the award of a contract to C.C. Layne and Sons Inc. for the construction and installation of new custom cabinets at Camp Eucalyptus. (Fiscal Impact: $17,882) MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve Contract No. 3732 to CC Layne and Sons Inc. for the construction and installation of new custom cabinets at Camp Eucalyptus. Authorized the City Manager to execute the contract. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 19. Consideration and possible action regarding approval to waive rental fees per Municipal Code Section 8 -8 -7 D 1 for the use of Recreation Park facilities for the United States Coast Guard's 217th Birthday Celebration Picnic. (Fiscal Impact: $2,670) MOTION by Mayor McDowell, SECONDED by Council Member Boulgarides to approve waiving rental fees per Municipal Code Section 8 -8 -7 D 1 for the use of Recreation Park facilities for the United States Coast Guard's 217th Birthday Celebration Picnic. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 20. Consideration and possible action to waive the formal bidding process and approve the purchase of 40 TASER International Model X26 Tasers with digital cameras and holsters from Pro Force Law Enforcement in an amount not to exceed $56,832 from the asset forfeiture fund. (Fiscal Impact: None) MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson, pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the formal bid process based on a sole source vendor for the purchase of 40 TASER International Model X26 Tasers with digital cameras and holsters from Pro Force Law Enforcement in an amount not to exceed $56,832 from the asset forfeiture fund,. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 22. Consideration and possible action regarding an extension of the Funding Agreement extending financial assistance to the El Segundo Unified School District (ESUSD) for the purpose of school facilities and programs. (Fiscal impact $250,000) MOTION by Council Member Boulgarides, SECONDED by Council Member Fisher to approve a one -year extension of the Funding Agreement No. 2893, in a form approved by the City Attorney, extending financial assistance to the El Segundo Unified School District (ESUSD) for the purpose of school facilities and programs. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 8 REPORTS — CITY CLERK REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Spoke regarding the projects for continually upgrading City infrastructure which are routinely placed on the Consent Agenda. Requested benches be placed in the newly refurbished areas at the Park. Council Member Jacobson — NONE Council Member Boulgarides — Spoke regarding a meetings with Hyperion, Chevron and County Lifeguards regarding the upgrading of facilities at El Segundo Beach with possible restrooms and a life guard station. Stated that he was currently investigating a funding source. Mayor Pro Tern Busch — Spoke on the request for Staff to investigate opportunities for Senior and Assisted Living facilities in Smokey Hollow and other areas. City Manager Stewart stated an update would be on the next meeting agenda. Spoke on the designated right turn lane from Rosecrans westbound to Sepulveda northbound. Spoke on the recent Soap Box Derby on Grand Avenue. Also announced El Segundo Dodger Day Friday, July 20 and Movie in the Park at Chevron, sponsored by the Rotary Club, on Saturday, August 4. Requested staff research what it would take for new fire station to be LEED certified or LEED Silver certified. Mayor McDowell — Spoke regarding the reallocation of runways during construction at LAX and the increase in aircraft noise. Stated that the City was working with the FAA and LAX regarding this issue. Requested residents contact him by e-mail if they are being impacted by the increased noise. 23. Consideration of possible action regarding the City's position on U.S. Conference of Mayors' Climate Protection Agreement. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Mayor ProTem Busch to approve Resolution No. 4515 endorsing the U.S. Conference of Mayors' Climate Protection Agreement. 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 Axelrod, resident, spoke regarding Parents Day, City Council Meeting Invocations, and numerous other topics. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 9 MEMORIALS — George Lochinski, RSVP with the El Segundo Police Department, Pat McIntyre, former Councilwoman of Torrance, and Lou Garcia, former City Manager of Redondo Beach. l CELEBRATION — Graham Edmund Johnson, to parents Heather and Daniel Johnson. CLOSED SESSION - NONE ADJOURNMENT at 8:55 p.m. �3� `(-ttA Cindy esen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE NO. 10