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2007JUN 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 5, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tem Busch at 5:01 p.m. ROLL CALL Mayor McDowell - Present — arrived at 5:50 p.m. Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present — arrived at 5:02 p.m. 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. 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 Lafayette vs. City of El Segundo LASC No. YC054912 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 (Gov't Code §54957): -0- matter 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 JUNE 5, 2007 PAGE NO. 1 SPECIAL MATTERS: -0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 5, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Dino Tumbaun, St. John's Lutheran Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS — (a) Recognition of Police Officer Dean Howard, Fire Captain Hal Nixt, Teacher of the Year Virginia Keane White and Postal Employee Brian Henry, the recipients of the "2007 Community Service Award" from the El Segundo Rotary Club. 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. Gail Church, Tree Muskateers, spoke regarding the retaining wall project at the softball field. Stated Tree Musketeers was not objecting to the removal of some trees for structural reasons. Kathryn Ebenhower, resident, stated that there has been an increase in the amount of airplane flyovers, and requested the Council to investigate. Jack Kenton, resident, spoke regarding the sand dunes located between Hyperion and homes on the west side of town. He also encouraged Council to make the location into a natural reserve for public use. Also spoke regarding airport improvements on the North side as well as the South side of the airport. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 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 Jacobson, SECONDED by Mayor Pro Tern Busch 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 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a recommendation by the Library Board of Trustees to revise the El Segundo Public Library's Schedule of Fines and Fees, and Council Resolution #4392, which includes the sole change of canceling the pubic Internet fees. (Fiscal Impact: $6,000 less in annual fees) Debra Brighton, Library Director, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to adopt Resolution No. 4509 establishing a revised and restated fines and fees schedule to library services for the cancellation of public Internet fees. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action regarding setting a date and time for interviewing candidates for Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee. MOTION by Council Member Boulgarides, SECONDED by Mayor Proem Busch to set date for interviews of candidates to the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee for 6:00 p.m., Tuesday, June 19, 2007, and announce appointees at the City Council's 7:00 p.m., June 19, 2007 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3. Consideration and possible action regarding Recreation and Parks Commission recommendations related to funding for construction of a retaining wall and removal of trees along the right field foul line at the Recreation Park softball field located on the east side of Eucalyptus Street between Grand and Holly Avenues and restoration of funding to construct a retaining wall on the north side of the Teen Center at 405 east Grand Avenue. [Fiscal Impact: $200,000 ($160,000 Softball Field; $40,000 Teen Center) ] MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE NO. 4 Jeff Stewart, City Manager, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to move this item to the Strategic Planning Session for consideration with the Capital Improvement Program budget. 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 2559644 to 2559964 on Register No. 16 in the total amount of $2,182,623.47 and Wire Transfers from 5/4/07 through 5/24/07 in the total amount of $2,156,601.97. 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. 5. Approved the Regular City Council Meeting Minutes of May 15, 2007. 6. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 7. Awarded Standard Public Works Contract No. 3728 to C.S. Legacy Construction, Inc. 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 (Fiscal Impact: $182,201) Authorized the City Manager to execute Contract in a form as approved by the City Attorney. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 9. Adopted and specifications for pavement rehabilitation on the westbound lanes of Rosecrans Avenue from Douglas Street to Sepulveda Boulevard and authorized staff to advertise the project for receipt of construction bids. Project No. PW 07 -08 (Estimated cost: $270,000.00). 10. Approved Amendment No. 3688B to a Professional Services Agreement between JAS Pacific Inc. and the City of El Segundo for plan check services. (Fiscal Impact: $25,000) Authorized the City Manager to sign the Amendment approved as to form by the City Attorney. 11. Approved Purchase Agreement No. 3719 between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority regarding the sale of the rights to two City radio frequencies. (Net Fiscal Impact: $250,000 in revenue returned to Police Department's Asset Forfeiture account) Authorized the City Manager to execute the Agreement approved by the City's special counsel for Federal Communications Commission (FCC) matters. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE NO. 5 12. Consideration and possible action regarding award of contracts to: Tron Construction, Inc. for construction related to Group 19 (29 residents), Contract No. 3720 and Professional Building Contactors, Inc. for construction related to Group 20 (22 residents) Contract No. 3721 of the Residential Sound Insulation (RSI) Program. (Fiscal Impact: estimated construction cost and retention $2,684,196) Authorized the City Manager to execute construction contracts in a form approved by the City Attorney. 13. Approved the examination plan for the Personnel Merit System job classification of Office Specialist II. (Fiscal Impact: None) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve Consent Agenda Item Numbers 4, 5, 7, 9, 10, 11, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action regarding approval of field logos; an amendment to an agreement with Thomas Properties Group, Inc. to reimburse the City for field logo costs; and approval of a change order to the existing construction contract with Ohno Construction, Inc. for installation of the field logos at the Athletic Facility project at 2201 E. mariposa Avenue. (Fiscal Impact = $85,300 Estimated Change Order amount) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to approve corporate logos to be placed on playing surfaces at the Athletic Facility at 2201 E. Mariposa Avenue pursuant to the Athletic Facility Naming Rights License Agreement with Thomas Properties Group and as reviewed by the Recreation and Parks Commission. Authorized the City Manager to execute Amendment No. 2976 L.1 to the existing reimbursement Agreement No. 2976 L with Thomas Properties Group, Inc. (TPG) in a form as approved by the City Attorney for reimbursement of field logo costs in the amount of $85,300. Appropriated funds provided by the TPG amendment to the Athletic Field Project. Authorized the Director of Public Works to execute a Change Order to the existing Public Works Agreement No. 3680 with Ohno Construction Company in the amount of $85,300 to install the field logos on synthetic grass at the Athletic Facility with the correct financial amounts. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 8. Consideration and possible action to adopt plans and specifications for the Recreation Park Baseball Field and softball Field Lighting Replacement and Replacement of the Baseball Field Scoreboard and authorized staff to advertise the project for receipt of construction bids. Project No. PW 07 -07 (Estimated cost: $123,000.00) MOTION by Council Member Boulgarides, SECONDED by Mayor Pro Tern Busch to adopt plans and specifications for the Recreation Park Baseball Field and softball Field Lighting Replacement and Replacement of the Baseball Field Scoreboard and authorized staff to advertise the project for receipt of construction bids. Project No. PW 07 -07 (Estimated cost: $123,000.00) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F. NEW BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE NO. 6 14. Consideration and possible action to retain Tony Rice to provide legislative advocacy services in Sacramento through September 30, 2007. (Fiscal Impact: $6,000) Jeff Stewart, City Manager, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to authorize the City Manager to execute Agreement No. 3717, in a form approved by the City Attorney, with Tony Rice to provide legislative advocacy services in Sacramento through September 30, 2007. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK 15. Consideration and possible action regarding cancellation of the July 3, 2007 City Council Meeting. MOTION by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve cancellation of the July 3, 2007 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - None Council Member Jacobson — Spoke regarding a second Edison transformer falling in a residential neighborhood. Council Member Boulgarides — Request to agendize an item for consideration for an art project for the wall of the Douglas Street Gap Closure project. Also requested to agendize for consideration, replacement of the City vehicles and infrastructure with environment friendly alternatives. Also spoke regarding the quality of air in El Segundo and requested to agendize an item for possible air quality monitoring in residential areas. Mayor Pro Tern Busch — Spoke regarding an incentive for business to either donate monies for art projects or develop them privately. He requested this to be included in Council Member Boulgarides item. Mayor McDowell — Spoke regarding another Edison transformer falling on Grand Avenue. He requested the Council intensify efforts in having Edison respond to their aging infrastructure and maintenance problems. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5. 2007 PAGE NO. 7 Council Member Fisher expressed concerns regarding the ongoing Edison equipment problems. Asked staff to contact Edison and recommend that they inspect all El Segundo power poles to address safety issues. 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 CLOSED SESSION - NONE ADJOURNMENT at 8:00 p.m. Cindy Mokfesen, Citf Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE NO. 8