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2007 NOV 07 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, NOVEMBER 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 Council Member Boulgarides - Absent 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. 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 1. City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 2. Lafayette vs. City of El Segundo, LASC No. YCO54912 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 1 Council Moved to open session at 6:00 p.m. SPECIAL MATTERS: -1- matter Interview of candidates for the Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee (CIPAC) will be held in the West Conference Room, commencing at approximately 6:00 p.m. This meeting is open to the public. Council consensus to appoint Ed Myska to the Investment Advisory Committee for a full term ending August 30, 2011; to re- appoint David Gilberts to the Community Cable Advisory Committee for full term ending October 31, 2011; and to appoint David Atkinson and reappoint Chris Powell to the Capital Improvement Program Advisory Committee for full terms ending November 30, 2011. Council recessed at 6:45 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, NOVEMBER 7, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Cindy Mortesen, City Clerk PLEDGE OF ALLEGIANCE — Mayor Pro Tern Busch PRESENTATIONS — Council Member Fisher presented a Proclamation in observance of Veterans Day, November 11, 20007 to Mrs. Barbara Bruss. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Absent 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. 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 Fisher to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to open a public hearing, take public testimony, waive second reading and adopt the 2007 California Building Code (Volumes I and II), the 2007 California Electrical Code, the 2007 California Plumbing Code, the 2007 California Mechanical Code, the 2007 California Fire Code, the 2006 International Fire Code, the 2007 California Energy Code and the 2007 California Administrative Code. (Fiscal Impact: None) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding adoption of the 2007 California Building Code (Volumes I and II), the 2007 California Electrical Code, the 2007 California Plumbing Code, the 2007 California Mechanical Code, the 2007 California Fire Code, the 2006 International Fire Code, the 2007 California Energy Code and the 2007 California Administrative Code. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Gary Chicots, Planning and Building Safety 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. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to adopt Ordinance No. 1409, 1410, 1411, 1412, 1413, 1414, and 1415 adopting the 2007 Edition of the 2007 California Plumbing Code, the 2007 California Mechanical Code, the 2007 California Fire Code, the 2006 International Fire Code, the 2007 California Energy Code and the 2007 California Administrative Code with Amendments. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT, C. UNFINISHED BUSINESS 2. Consideration and possible action regarding reimbursing certain homeowners in the City of El Segundo for costs incurred while participating in the City's Residential Sound Insulation Program. (Potential Fiscal Impact: $14,543.80) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to adopt Resolution No. 4530 amending Resolution 4470 to extend the application date for the RSI Program to November 30, 2007; Authorize staff to contact eligible homeowners; Appropriate $14,453.80 for the disbursement; and disburse the grants to homeowners upon execution of a grant agreement with the City in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action regarding the announcement of the appointment of candidates to the Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee (CIPAC). MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 4 Mayor McDowell announced the appointment of Ed Myska to the Investment Advisory Committee for a full term ending August 30, 2011; re- appoint David Gilberts to the Community Cable Advisory Committee for full term ending October 31, 2011; the appointment of David Atkinson and reappointment of Chris Powell to the Capital Improvement Program Advisory Committee for full terms ending November 30, 2011. 4. Consideration and possible action regarding status report on the 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) Steve Storm, Aviation Safety and Noise Abatement Committee, gave a report. Council consensus to receive and file progress report from the Aviation Safety and Noise Abatement Committee (ASNAC). Mayor McDowell gave a report on the progress of the FAA addressing noise concerns of the south runway, and FAA procedure changes to reduce the noise. 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. 5. Approved Warrant Numbers 2562172 to 2562577 on Register No. 2 in the total amount of $2,471,623.15 and Wire Transfers from 10/05/07 through 10/25/07 in the total amount of $2,362,081.52. 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. 6. Approved Regular City Council Meeting Minutes of October 16, 2007. 7. Adopted Resolution No. 4531 calling a General Municipal Election on April 8, 2008 pursuant to Elections Code § 1301, Resolution No. 4532 establishing requirements for Candidate Statements filed with the City Clerk to be included with voter information for an election on April 8, 2008 and Resolution No. 4533 requesting that the Los Angeles County Board of Supervisors provide election services to the City for the April 08, 2008 Election. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER 9. Accept the work as complete for the project for the 2006 -2007 annual contract for curb, gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Project. Project No. PW 07 -02. CDBG Project No. 600858 -06 (Final Contract Amount: $189, 252.20) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 5 10. Approved Memorandum of Agreement No. 3770 between the City of El Segundo and the Los Angeles Regional Integrated Law and Justice Project (LARILJP) to share crime and suspect information with other law enforcement agencies across the region. (Fiscal Impact: $10,000) Authorized the City Manager to execute the Memorandum of Agreement approved as to form by the City Attorney. 11. Accepted the work as complete for construction related to the City's Residential Sound Insulation Program Group 14 (29 Dwellings). Project No. RSI 06 -14. (Final contract total: $1,295,801.23) Authorized the City Clerk to file the City Planning and Building Safety Director's Notices of Completion in the County Recorder's Office. 12. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to approve Consent Agenda Item Numbers 5, 6, 7, 9, 10, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action authorizing the City Manager to execute a purchase order in a form as approved by the City Attorney and to allow the City to "piggyback" on the existing Metropolitan Water District (MWD) contract with Ironman Parts & Services to retrofit two City vehicles in order to comply with California Air Resources Board (ARB) regulations. (Fiscal Impact: $30,000) Council Member Fisher requested to possibly implement a time line for updating all city vehicles to comply with California Air Resources Board regulation. Mayor Pro Tern Busch suggested that updates on the current vehicles are tested prior to updating the other vehicles. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to authorize the City Manager to execute a purchase order in a form as approved by the City Attorney and to allow the City to "piggyback" on the existing Metropolitan Water District (MWD) contract with Ironman Parts & Services to retrofit two City vehicles in order to comply with California Air Resources Board (ARB) regulations. Staff to study the vehicles for 90 days and return to Council with a report on the success of the updates, and a cost for exculpating the update of the remaining vehicles. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 12. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 47 - On -Sale Beer, Wine and Distilled Spirits) at a new restaurant located at 333 Main Street, EA No. 767 and AUP No. 07 -06. Applicant: Hilary Condren (Fiscal Impact: None) MOTION by Council Member Jacobson to protest issuance of a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 47 - On -Sale Beer, Wine and Distilled Spirits) at a new restaurant located at 333 Main Street, EA No. 767 and AUP No. 07- 06. Applicant: Hilary Condren (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 6 Motion died due to lack of second. F. NEW BUSINESS G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson - NONE Mayor Pro Tern Busch - Congratulated the newly elected El Segundo Unified School Board Members. Mayor McDowell — 13. Consideration and possible action to appoint two (2) members of the business community and two (2) members of the residential community to serve on a subcommittee to consider and make recommendations to the City Council on issues related to the proposed reduction of water allocated to cities by the Metropolitan Water District (MWD) (Fiscal Impact: None) MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to appoint Rod Spackman from Chevron and Chris Bennett from Good Stuff from the business community and Robin Funk and Mike Murphy from the residential community to serve on the subcommittee to consider and make recommendations to the City Council on issues related to the proposed reduction of water allocated to cities by the Metropolitan Water District (MWD). MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. Spoke on the success of the "Star Gaze" evening. Spoke regarding a possible memorial to former Council Member John Gaines in Freedom Park. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 7 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. MEMORIALS — Tommie Barthel. CELEBRATION — Marriage of Jesse Pedroza and Natalie; Birth of Noelle Marie Taylor; Congratulations to Ben Gaines who graduated from Army bootcamp on Friday November 2 "d at Fort Huachuca in Arizona. ADJOURNMENT at 7:45 p.m. Cindy Wrteseri, Ci'ry Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2007 PAGE NO. 8