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2007 SEP 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 4, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — ROLL CALL Mayor McDowell - Absent Mayor Pro Tern Busch - Absent Council Member Boulgarides - Absent Council Member Fisher - Absent Council Member Jacobson - Absent Due to a lack of quorum. Clerk Domann adjourned the meeting to 6:00 p.m., September 4, 2007. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 4, 2007 — 6:00 P.M. 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. - 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)) — matters 1. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2- matters 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. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 4, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:04 p.m. INVOCATION — Fr. Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides PRESENTATIONS — (a) Mayor McDowell presented a Proclamation recognizing the 220th Anniversary of the drafting of the Constitution of the United States of America. 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. Pursuant to the procedure set forth on the first page of this Agenda, resident Jack Axelrod has requested that the following items be placed on the City Council Agenda for possible discussion and action by the Council. The Council is not required to discuss or take action on these items. Jack Axelrod requested Council consider the following: Cease starting public meetings with a religiously based "invocation ". If the community wants to hold a prayer meeting, let it be following city business. 2. End the practice of starting Council Meetings with a group Loyalty Oath. Replace it with readings of sections of the Bill of Rights by willing high school students. 3. Initiate a Resolution for the immediate impeachments of Cheney, Bush, Rice and Gonzalez. They have broken Federal and International laws, and are arguably guilty of War Crimes. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 Evelyn Somers, resident and El Segundo teacher, stated she was in favor of an Invocation and Pledge of Allegiance at public meetings. She also spoke regarding Marcy Dugan operating a photo studio in a R -1 Zone and the negative impact on the neighborhood. Alan Lurya, Attorney representing Henry Radio and National Science and Technology Network, spoke regarding Radio Licenses at Sierra Peak and regarding City radio frequencies and City filings with the FCC. Suzanne Fuentes, resident, spoke in support of the City Council Meeting Invocation and Pledge of Allegiance. Mark Hensley, City Attorney, stated that Special Counsel was working with the FCC on frequency issues. 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. 5/0 B. SPECIAL ORDERS OF BUSINESS 2. Consideration and possible action (Public Hearing) regarding the Fiscal Year 2007 -2008 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures. Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the Fiscal Year 2007 -2008 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures. Clerk Domann stated that proper notice was completed and no written communication had been received by City Clerk's Office. Deborah Cullen, Interim Administrative Services Director, gave a presentation. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to continue the public hearing and final budget adoption to September 18, 2007. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Busch requested staff return on September 18th with a report showing how much money was transferred into the Economic Uncertainty Fund at the end of the past few fiscal years and how much has been used each year for the general fund budget. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 4. 3. Consideration and possible action regarding a recommendation by the Investment Advisory Committee to adopt the City's Investment Policy. (Fiscal Impact: None) Ralph Lanphere, City Treasurer, gave a report. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to adopt the City's Investment Policy as submitted. 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 2561207 to 2561435 on Register No. 22 in the total amount of $2,492,772.59 and Wire Transfers from 8/10/2007 through 8/23/2007 in the total amount of $2,620,065.89. 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 Special City Council Meeting Minutes of August 8, 2007; Special City Council Meeting Minutes of August 20, 2007; Regular City Council Meeting Minutes of August 21, 2007. 6. Approved the use of the vehicle graphics of the El Segundo Police Department, including the City seal, on a new special edition "Matchbox" die -cast replica toy police vehicle, and related play sets, to be designed and produced by Mattel, Inc. (Fiscal Impact: None) Authorized the City Manager to sign the Mattel, Inc. Licensor Approval Form. Authorized the City Manager to execute a License Agreement No. 3746 with Mattel, Inc. in a form approved by the City Attorney, to allow the use of the vehicle graphics, including the City seal, of the El Segundo Police Department for production of die -cast replica toy police vehicles and related play sets. 7. Approved Contract No.3747 with Meggitt Defense Systems Caswell to repair, modernize and upgrade the Police Department firing range with a computerized target system in an amount not to exceed $67,100 in COPS grand funds. Authorized the City Manager to execute the contract approved by the City Attorney. 8. Authorized the City Manager to execute a Standard Public Works Contract No. 3748 in a form as approved by the City Attorney with KDC, Inc., dba Dynalectric (Dynalectric) in the amount of $1,209,900.00 for construction of the Nash Street/Douglas Street One -Way to Two -Way Street Conversion Project from Imperial Highway to El Segundo Boulevard. Authorized the use of County of Los Angeles Department of Public Works inspection and materials testing services for the Project pursuant to the provisions of the General Services Agreement with Los Angeles County in an amount not to exceed $175,000. Authorized the City Manager to execute a change order to the recommended Contract with Dynalectric for installation of a 30 -foot tower for aircraft surveillance camera equipment near the intersection of Imperial Avenue and Hillcrest Street in an amount not to exceed $10,000. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 5. 9. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 10. Authorized the City Manager to execute an amendment to Professional Services Agreement No. 3451 D on behalf of the City for temporary professional accounting services with Accounting, Tax and Advisory of Orange County, LLC (CBIZ) for $60,000 due to the vacancy of the Director, Administrative Services position in the Administrative Services Department. (Fiscal Impact: $60,000 off -set with salary savings of $104,000) 11. Authorized the City Manager to approve a one -year extension amendment of Professional Services Agreement No. 3540A for auditing services with Lance, Soil & Lunghard through 2007 -2008 for $36,500 as approved to form by the City Attorney. 12. Received and filed fiscal year 2006 -2007 Third Quarter Financial Budget Review. (Fiscal Impact: None) 13. Approved list of consultants to provide environmental review services pursuant to California Environmental Quality Act guidelines (CEQA) and National Environmental Policy Act (NEPA) regulations to assist the City in the processing of entitlement projects and authorized the City Manager to sign Professional Service Agreements for developer reimbursed environmental review services in amounts not to exceed $75,000. (Fiscal Impact: None) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve Consent Agenda Item Numbers 4, 5, 6, 7, 8, 10, 11, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 9. Consideration and possible action regarding issuance of a purchase order to R.F. MacDonald Company in the amount of $18,370.66 for the replacement of the heating system boiler at the Library (111 W. Mariposa Avenue). (Fiscal Impact = $18,370.66) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to approve issuance of a purchase order to R.F. MacDonald Company in the amount of $18,370.66 for the replacement of the heating system boiler at the Library (111 W. Mariposa Avenue). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE 0 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — Congratulated the Police Officers Association on the success of their recent Annual Car Show. Also spoke on the increased airport noise. Council Member Boulgarides — Spoke on the change in policy regarding Council Meeting public communications and its positive impact on conducting open meetings. Also noted the upcoming fund raiser walk for "Team Jamie" on September 29, 2007 at 9 a.m. at Westchester Park. Mayor Pro Tern Busch - 14. Consideration and possible action regarding the appointment of an ad hoc City Council subcommittee to review and make recommendations on City environmental policies and programs. (Fiscal Impact: None) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to approve the appointment of himself and Council Member Boulgarides to an ad hoc City Council subcommittee to review City environmental policies and programs and make recommendations to City Council on additional energy saving action items. To report back within six months. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 15. Consideration and possible action regarding the City's position on SB 886 (Negrete McLeod), a bill which expands municipal representation on the Southern California Air Quality Management District (SCAQMD) Board of Directors. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to send a letter to the Governor supporting SB 886 (Negrete McLeod) which enhances Municipal Representation on the SCAQMD Board of Directors. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell — Spoke regarding the increase in airport noise over the last six months. Indicated FAA stated that noise levels should return to historical tolerable levels before Christmas of this year. 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, spoke again against the Council Meeting Invocation, Pledge of Allegiance and impeachment of certain elected officials. MEMORIALS — Judy McManus, Mother of Lisa Wood, former City Clerk's Office employee, and grandmother to Kristy and Jackie, Recreation and Parks Department employees. MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 7. Mayor McDowell noted the upcoming 6th anniversary of 9 -11 and expressed Council's sympathies to everyone touched by the tragedy. ADJOURNMENT at 8:10 p.m. V l.` . B Cathy Dom n, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007