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2008 APR 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 1, 2008 - 5:00 P.M. 5:00 P.M. SESSION CANCELLED — NO ITEMS OF BUSINESS (REGULAR MEETING TO BE ADJOURNED TO 7:00 P.M.) 5:00 P.M. SESSION CALL TO ORDER ROLL CALL 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 may move 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)) - -0- matters 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 1, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Scott Tannehill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Bill Fisher PRESENTATIONS a. Council Member Boulgarides presented a Proclamation declaring April 23, 2008 as Denim Day in recognition of April 2008 being Sexual Assault Awareness Month. 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. Karl Berger, Assistant City Attorney, made a statement regarding political activity during public communications. As the City is precluded under the law from using resources for political campaigns, such are by definition not within the subject matter jurisdiction of the City and cannot be discussed during Council Meetings. Stated some examples of the types of statements that were not appropriate during Council Meetings included: introducing yourself as a council candidate, making statements that include any reference to the fact that you are running for council, making statements either in support of or against a candidate, or discussing in any manner city council candidates in the context of the election. However, members of the public do have the right under the Brown Act to discuss any matter that is within the subject matter jurisdiction of the City and have the right to express opinions regarding the City Council and its Members relating to City business. George Hoops, resident, spoke regarding the wastewater tax. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 2 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 recommendations from the Recreation and Parks Commission pertaining to the use and operations of Campus El Segundo Athletic Fields located at 2201 East Mariposa. (Fiscal Impact: Unknown) Richard Brunette, Recreation and Parks Director, gave a report. MOTION by Council Member Boulgarides, SECONDED by Mayor McDowell to receive and file report, directed staff to do a safety study and return to Council in May with options, return after Labor Day with updated usage figures, and: Maintain staffed and supervised facility operational hours Monday through Friday from 10 a.m. to 8 p.m. Provide for availability and use of the fields from 8 -11 a.m. and from 8 -10 p.m. when the fields are reserved, and supply staff supervision when this occurs. 2. Maintain staffed and supervised facility operational hours on Saturday and Sunday from 8 a.m. to 7 p.m. Provide for availability and use of the fields from 7 -10 p.m. when the fields are reserved, and supply staff supervision when this occurs. 3. Additional staff supervision should be provided at the facility during evening use so staff are not working alone at the facility at night. 4. Create an adult soccer league to provide residents another adult athletic league opportunity and additional programmed use of the Campus El Segundo Athletic Fields. 5. The Campus El Segundo Athletic Fields is a new facility in its first year of operation. As such, its use and operations requires ongoing evaluation. This should be done annually or earlier as necessary. MOTION PASSED BY UNANIMOUS VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 3 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. 2. Approved Warrant Numbers 2564792 to 2565072 on Register No. 12 in the total amount of $704,972.56 and Wire Transfers from 3/06/2008 through 3/20/2008 in the total amount of $1,801,273.70. 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. 3. Approved Regular City Council Meeting Minutes of March 18, 2008. 4. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 5. Authorized the City Manager to execute Standard Public Works Contract No. 3800 to Ardalan Construction Company, Inc. for the Urho Saari Swim Stadium Window Replacement (219 W. Mariposa Avenue) in the amount of $68,680. Project No. PW 08 -03 (Fiscal Impact: $68,680) 6. PULLED FOR DISCUSSION BY MAYOR MCDOWELL 7. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH 8. Adopted Resolution No. 4544 appointing the City Manager, Director of Finance, or Fiscal Service Manager, or designee to serve as board member, alternate board member, and substitute alternate board member on the Independent Cities Risk Management Association (ICRMA) governing board. 9. Waived second reading and adopted Ordinance No. 1418 to amend the El Segundo Municipal Code to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA), including establishing franchise and PEG fees at the current local franchise fee rates of 5% and 2% of gross revenues, respectively. (Fiscal Impact: None) 10. PULLLED FOR DISCUSSION BY MAYOR PROTEM BUSCH 11. PULLED FOR DISCUSSION BY MAYOR MCDOWELL 12. Rejected all bids received for construction related to Group 27 (36 residences) of the Residential Sound Insulation (RSI) Program. (Fiscal Impact: none) Authorized staff to re- advertise a Notice Inviting Sealed Bids for construction services. 13. Rejected the bids of Pardess Air, Inc. and Horizons Construction, Inc. and awarded Contract No. 3801 to Professional Building Contractors, Inc. for construction related to Group 28 (30 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $706,364) Authorized the City Manager to execute in a form approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 4 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to approve Consent Agenda Items 2, 3, 5, 8, 9,12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 4. Consideration and possible action to waive the formal bidding process per the El Segundo Municipal Code Section 1 -7 -10 and authorize the Fire Department to issue a purchase order enabling Valley Fire Service to perform a major engine overhaul for Truck 32. Fiscal Impact: $27,000 estimated. MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to waive the formal bidding process per the El Segundo Municipal Code Section 1 -7 -10 and authorize the Fire Department to issue a purchase order enabling Valley Fire Service to perform a major engine overhaul for Truck 32 and consider replacing this vehicle in the near future. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 6. Consideration and possible action regarding a request from L.A. County Fire Department Lifeguard Operations for use of Urho Saari Swim Stadium (The Plunge) at 219 W. Mariposa Ave on April 15, 2008, and for a fee waiver per Municipal Code Section § 8 -8 -7 (D) (1). (Fiscal Impact: $290) MOTION by Mayor McDowell, SECONDED by Mayor ProTem Busch approve a request from L.A. County Fire Department Lifeguard Operations for use of Urho Saari Swim Stadium (The Plunge) at 219 W. Mariposa Ave on April 15, 2008, and for a fee waiver per Municipal Code Section § 8 -8 -7 (D) (1). (Fiscal Impact: $290) corrected to read ESMC 9 -8 -2. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 7. Adopt Resolution No. 4545 establishing a monthly salary range and adopt a class specification for anew job classification entitled Senior Plan Check Engineer. (Fiscal Impact: $25,000 for FY 2007/2008; this cost is anticipated to be off -set by cost savings from consultant services expenditure) MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to adopt Resolution No. 4545 establishing a monthly salary range and adopted a class specification for a new job classification entitled Senior Plan Check Engineer. (Fiscal Impact: $25,000 for FY 2007/2008; this cost is anticipated to be off -set by cost savings from consultant services expenditure) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 10. Consideration and possible action to authorize a Professional Services Agreement in a form as approved by the City Attorney with Stephanie Katsouleas to serve as Interim Director of Public Works. (Fiscal Impact: $70,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 5 MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to authorize the City Manager to execute Professional Services Agreement No. 3802 in a form as approved by the City Attorney with Stephanie Katsouleas to serve as Interim Director of Public Works for a term not to exceed six months and an amount of $70,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding the Fiscal Year 2007 -2008 First Quarter Financial Review. (Fiscal impact: None) Council consensus to receive and file the Fiscal Year 2007 -2008 First Quarter Financial Review. (Fiscal impact: None) F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK - Announced the General Municipal Election next Tuesday, April 8, 2008. J. REPORTS — CITY TREASURER — Reported that he attended Government Investment Officers meeting. K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — NONE Council Member Jacobson — Spoke on the Run for Education. Council Member Boulgarides — 14. Consideration and possible action to review the Traffic Committee decision regarding the placement of stop signs at the intersection of Holly Avenue and Sierra Street. (Fiscal Impact: $1,000) MOTION by Council Member Boulgarides, SECONDED by Mayor ProTem Busch to approve the Traffic Committee decision and direct staff to place stop signs at the intersection of Holly Avenue and Sierra Street eastbound and westbound directions to create an all -way stop. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Busch — Requested community members to apply for the Environmental Committee. Mayor McDowell — MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 6 15. Consideration and possible action to adopt a resolution supporting AB2780 (Lieu), a consumer protection bill dealing with electric utility claims for damages incurred as a result of unscheduled electrical outages from an electric utility's failure to reasonably provide service. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Boulgarides to adopt Resolution No. 4546 supporting AB2780 and authorize appropriate legislative advocacy efforts to promote passage of the bill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 16. Consideration and possible action to adopt a resolution opposing AB2640 (Huffman), a bill concerning the management of green waste subject to landfill disposal which would tax green waste and eliminate waste diversion credit for use of green waste. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to adopt Resolution No. 4547 opposing AB2640 (Huffman), a bill concerning the management of green waste subject to landfill disposal which would tax green waste and eliminate waste diversion credit for use of green waste and authorize appropriate legislative advocacy efforts to oppose passage of the bill. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MCDOWELL, BUSCH AND JACOBSON. NOES: BOULGARIDES AND FISHER 3/2 Announced the Firestone Foundation walk -a -thon. 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. Mayor ProTem Busch summarized two written communications regarding RSI, and the favorable comments received. MEMORIALS — CELEBRATIONS: Birth of Lydia Jane Engler, and Amanda Rae Santagata. CLOSED SESSION - NONE ADJOURNMENT 8:00 at p.m. Isroww-Jud MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 1, 2008 PAGE NO. 7