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2008 AUG 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 2008 - 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 Brann - 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: None The City Attorney stated that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) item was a threat of exposure to litigation known to the public generally and the (c) item was Los Angeles Airport's noise variance proceeding before the California Department of Transportation. 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 AUGUST 5. 2008 PAGE NO 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) - -2- matter City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 Solomon v. City of El Segundo, LASC No. BC 372401 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- 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): - 1- matter 1. Public Employee Appointment/Public Employment. Title: City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):- 2- matters City Negotiators: Interim City Manager Jack Wayt; Human Resources Director Bob Hyland; Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (a) Unrepresented management/confidential employees (City employees who are not members of bargaining units); (b) Unrepresented management employee — City Manager; (c) El Segundo Police Officers' Association; (d) El Segundo Firefighter's Association; and (e) El Segundo Police Management Association, City Negotiator: City Attorney — Unrepresented Employee: City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - 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. George Hoops, Resident; spoke regarding sewer fees and the amount charged. Liz Garnholz, Resident; spoke regarding Consent Item E10, and the revenue generated by the El Segundo Urho Sarri swim stadium. Lt. Raymond Garcia, El Segundo Police Officer; On behalf of Det. Scott O'Conner and himself thanked the elected officials, employees of the city and the community for the support during their recent injury and recovery. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the - Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 3 MOTION by Council Member Brann, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to open a Public Hearing and adopt Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding adoption of a Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Clerk Mortesen stated that proper notice was completed and no written communications were received by City Clerk's Office. Gary Chicots, Planning and Building Safety Director, gave a report. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4561 A RESOLUTION FINDING THE CITY OF EL SEGUNDO IN LOS ANGELES COUNTY, CALIFORNIA TO BE IN COMPLIANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE LOCAL DVELOPMENT REPORT PURSUANT TO GOVERNMENT CODE § 65089 MOTION by Council Member Brann, SECONDED by Council Member Fisher to adopt Resolution No. 4561 finding the City of El Segundo to be incompliance with the 2004 Congestion Management Program and adopting the Local Development Report pursuant to Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 2. Consideration and possible action to award a Standard Public Works Contract to Armand Gonzales Inc. dba Gonzales Construction for construction of a Fire Station at 2261 East Mariposa Avenue. Approved Capital Improvement Program. Project No.: PW 08 -06 (Fiscal Impact: $7,206,298.00) Stephanie Katsouleas, Interim Public Works Director, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 4 MOTION by Mayor ProTem Busch, SECONDED by Council Member Brann to (1) Waive a minor irregularity in the bid received from Armand Gonzales, Inc. dba Gonzales Construction and Reject the bid protest received from bidder Griffith Company; (2) Add the following options to the contract for a total of $684,283: (a) 8" concrete precast band ($52,034), (b) brick veneer ($55,940), (c) built in desk, nightstand and bed frames ($67,000), (d) ceiling tile above showers ($1,000), (e) gypsum board ceilings ($10,000), (f) epoxy flooring ($5,000), (g) photovoltaic collector panels ($355,000), (h) seismic early warning system ($37,450), (i) precast concrete caps ($21,400), (j) day tank for generator ($4,000), (k) 8" vehicular concrete paving ($50,459), (1) Plymovent vehicle exhaust system ($25,000); (3) Authorize the City Manager to execute Standard Public Works Contract No. 3845 in a form approved by the City Attorney with Gonzales Construction, Inc for $6,211,443 (Base Bid) plus $684,283 (Options), for a total of $6,895,726; (4) Authorize a construction contingency in the amount of $310,572 for unforeseen additional work. With the amendment to install the backbone system and delay the purchase of the photovoltaic collector panels at a reduced cost. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Consideration and possible action to introduce and waive first reading of an Ordinance amending the El Segundo Municipal Code's regulation of filming within the City of El Segundo. ITEM PULLED FROM THE AGENDA D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. 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) Crista Binder presented the Capital Improvement Program for Fiscal Year 2008 -2009 Council consensus to receive and file the Annual Report of CIPAC. 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 2566585 to 2566837 on Register No. 20 in the total amount of $2,508,937.28 and Wire Transfers from 7/4/2008 through 712412008 in the total amount of $1,987,225.72. 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 and Special City Council Meeting Minutes of July 15, 2008. 7. ITEM PULLED FROM THE AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 5 8. Adopted Resolution No. 4562 authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan for eligible members of the El Segundo Supervisory and Professional Employees Bargaining Unit, to be administered by Phase II Systems, PARS Trust Administrator. 9. Approved the examination plans for the Personnel Merit System job classifications of Street Maintenance Supervisor. (Fiscal Impact: None) 10. PULLED FOR DISCUSSION BY MAYOR MCDOWELL PER PUBLIC REQUEST 11. Adopted a Conflict of Interest Code required by The Political Reform Act (Government Code Section 81000 et. seq.) rescinding Resolution No. 4448 and adopted Resolution No. 4563 approving a new Conflict of Interest Code. 12. Received and filed a determination that the City Council does not object to issuance of a new Type 47 ABC license at 2361 Rosecrans Avenue A No. 792 and AUP No. 08 -02. Applicant: Continental Development Corporation — Alex J. Rose (Fiscal Impact: None). 13. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 14. Authorize the Purchasing Agent to issue a purchase order to Oldcastle Precast for utility pull boxes that will serve as junction points for the City's fiber optic cable installation project. (Fiscal Impact: $15,285.00). 15. Adopted plans and specifications for the slurry sealing of the streets in the area bounded by Sheldon Street, Mariposa and Imperial Avenues and the west City Limits. Project No.: PW 08 -09. (Fiscal Impact: $169,905) Authorized staff to advertise the project for receipt of construction bids. 16. Accepted all work as complete for the project for the Replacement of the windows at the Urho Saari Swim Stadium (plunge), located at 219 W. Mariposa Avenue. (Fiscal Impact: $68,680.00) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 17. Authorized staff to solicit bids for the installation of risers on the Stevenson Field Bleachers in El Segundo's Recreation Park at 339 Sheldon Street. Approved Capital Improvement Program Project No. PW 08 -07. (Fiscal Impact: $26,000 General Fund) 18. As per municipal code § 1 -7 -12 regarding emergency purchases, approved use of Nations Bus Corporation and the funds needed to lease shuttle buses to be used for current City shuttle service programs until existing City -owned vehicles are repaired. (Fiscal Impact: $11,158) MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 6 19. Approved the purchase of a computerized bar code evidence management system and desktop computer for tracking evidence and property in the police department's property room. (Net Fiscal Impact to City $17,500.00 from Police Department's Asset Forfeiture Account) 20. PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER 21. Accepted the work as complete for construction related to the City's Residential Sound Insulation Program Group 20 (21 Homes). Project No. RSI 07 -02. (Final contract total = $1,288,700). Authorized the City Clerk to file the City Planning and Building Safety Director's Notices of Completion in the County Recorder's Office. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve Consent Agenda Items 5, 6, 8, 9, 11, 12, 14, 15, 16, 18, 19, and 21. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. PULLED FROM THE AGENDA BY THE CITY ATTORNEY - Consideration and possible action to retain Bob Murray & Associates to conduct an Executive Search for the position of City Manager. Fiscal Impact: Not to Exceed $25,000. 10. Consideration and possible action to waive the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to purchase a replacement paramedic rescue ambulance manufactured by Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact: $203,455) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to purchase a replacement paramedic rescue ambulance manufactured by Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact: $203,455) 13. Consideration and possible action for second reading and adopt Ordinance for: (1) the rezoning of approximately 4.25 acres of property at 1700 E. Grand Avenue from Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Zone; (2) an amendment to the Smoky Hollow Specific Plan to further limit permitted uses with the Grand Avenue Commercial (GAC) Zone for the property at 1700 E. Grand Avenue, to general Office and Medical - Dental Office uses only, and; (3) technical changes to the Smoky Hollow Specific Plan (SHSP) relating to the environmental review requirements to make the SHSP consistent with the law (SEQA). Applicant: Mar Canyon Grand, LLC. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 7 A new map was distributed to Council, the Ordinance was introduced with the accurate legal description and map, but the wrong map was inadvertently placed in the agenda packet. Council Member Jacobson stated he was did not feel that the proposed re- zoning was proper zoning for the property. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive second reading and adopt Ordinance No. 1419 for Zone Change No. 07 -01 and Specific Plan Amendment No. 08 -02 for the "MEPS" Project site rezoning to Grand Avenue Commercial (GAC) Zone with limited uses pursuant to the SHSP. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, BRANN, AND FISHER, NOES: MCDOWELL AND JACOBSON 20. Consideration and possible action to pay $250,000.00 to Radio Communications Association in accordance with a fee sharing arrangement relating to the sale of City radio frequency rights. (Net Fiscal Impact to City - $250,000 from Police Department's Asset Forfeiture account.) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve the payment of $250,000.00 to Radio Communications Association in accordance with a fee sharing arrangement relating to the sale of City radio frequency rights. MOTION PASSED BY UNANIMOUS VOICE VOTE. 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 Brann — Commended the Chamber of Commerce for number of new memberships. Reported on the Historical Society report on the Urho Sarri Swim Stadium. Council Member Fisher — Thanked the Chamber of Commerce for Dodger Day. Council Member Jacobson — Spoke regarding the plunge and designation of the building as a local historic building. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 8 Mayor Pro Tern Busch — Spoke on the "Movie in the Park" event. Stated that El Segundo was third in the number of patents that California Cities had applied for. Also spoke on the Recreation and Parks program "Damn Yankees" production. Mayor McDowell — Announced the "re- use -it" program being promoted. Spoke regarding the fire on Arena Street, and the superb job done by the El Segundo Fire Department and the other outside agencies that assisted under the mutual aid agreement. 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. Bill Mason thanked the Council for their nice compliments on Dodger Day. Also stated that Dodger Day was an effort by the Chamber to show thanks to the members of the Air Force Base. Liz Garnholtz, Resident: Spoke regarding Viennese Nights recently held at the High School. Also spoke regarding the power plant. MEMORIALS — Terry Brunette and George O. Wiley. CLOSED SESSION - NONE ADJOURNMENT at 8:10 p.m. �-- Cindy MYtesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5. 2008 PAGE NO 9 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 2008 - 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 Brann - 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: None The City Attorney stated that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) item was a threat of exposure to litigation known to the public generally and the (c) item was Los Angeles Airport's noise variance proceeding before the California Department of Transportation. 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 AUGUST 5, 2008 PAGE NO. 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) - -2- matter City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 Solomon v. City of El Segundo, LASC No. BC 372401 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- 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): - 1- matter 1. Public Employee Appointment/Public Employment. Title: City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 2- matters City Negotiators: Interim City Manager Jack Wayt; Human Resources Director Bob Hyland; Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (a) Unrepresented management/confidential employees (City employees who are not members of bargaining units); (b) Unrepresented management employee — City Manager; (c) El Segundo Police Officers' Association; (d) El Segundo Firefighter's Association; and (e) El Segundo Police Management Association. City Negotiator: City Attorney — Unrepresented Employee: City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 5, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - 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. George Hoops, Resident; spoke regarding sewer fees and the amount charged. Liz Garnholz, Resident; spoke regarding Consent Item E10, and the revenue generated by the El Segundo Urho Sarri swim stadium. Lt. Raymond Garcia, El Segundo Police Officer; On behalf of Det. Scott O'Conner and himself thanked the elected officials, employees of the city and the community for the support during their recent injury and recovery. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the - Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 3 MOTION by Council Member Brann, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to open a Public Hearing and adopt Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding adoption of a Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Clerk Mortesen stated that proper notice was completed and no written communications were received by City Clerk's Office. Gary Chicots, Planning and Building Safety Director, gave a report. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4561 A RESOLUTION FINDING THE CITY OF EL SEGUNDO IN LOS ANGELES COUNTY, CALIFORNIA TO BE IN COMPLIANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE LOCAL DVELOPMENT REPORT PURSUANT TO GOVERNMENT CODE § 65089 MOTION by Council Member Brann, SECONDED by Council Member Fisher to adopt Resolution No. 4561 finding the City of El Segundo to be incompliance with the 2004 Congestion Management Program and adopting the Local Development Report pursuant to Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 2. Consideration and possible action to award a Standard Public Works Contract to Armand Gonzales Inc. dba Gonzales Construction for construction of a Fire Station at 2261 East Mariposa Avenue. Approved Capital Improvement Program. Project No.: PW 08 -06 (Fiscal Impact: $7,206,298.00) Stephanie Katsouleas, Interim Public Works Director, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 4 MOTION by Mayor ProTem Busch, SECONDED by Council Member Brann to (1) Waive a minor irregularity in the bid received from Armand Gonzales, Inc. dba Gonzales Construction and Reject the bid protest received from bidder Griffith Company; (2) Add the following options to the contract for a total of $684,283: (a) 8" concrete precast band ($52,034), (b) brick veneer ($55,940), (c) built in desk, nightstand and bed frames ($67,000), (d) ceiling the above showers ($1,000), (e) gypsum board ceilings ($10,000), (f) epoxy flooring ($5,000), (g) photovoltaic collector panels ($355,000), (h) seismic early warning system ($37,450), (i) precast concrete caps ($21,400), (j) day tank for generator ($4,000), (k) 8" vehicular concrete paving ($50,459), (1) Plymovent vehicle exhaust system ($25,000); (3) Authorize the City Manager to execute Standard Public Works Contract No. 3845 in a form approved by the City Attorney with Gonzales Construction, Inc for $6,211,443 (Base Bid) plus $684,283 (Options), for a total of $6,895,726; (4) Authorize a construction contingency in the amount of $310,572 for unforeseen additional work. With the amendment to install the backbone system and delay the purchase of the photovoltaic collector panels at a reduced cost. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Consideration and possible action to introduce and waive first reading of an Ordinance amending the El Segundo Municipal Code's regulation of filming within the City of El Segundo. ITEM PULLED FROM THE AGENDA D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. 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) Crista Binder presented the Capital Improvement Program for Fiscal Year 2008 -2009 Council consensus to receive and file the Annual Report of CIPAC. 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 2566585 to 2566837 on Register No. 20 in the total amount of $2,508,937.28 and Wire Transfers from 7/4/2008 through 7/24/2008 in the total amount of $1,987,225.72. 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 and Special City Council Meeting Minutes of July 15, 2008. 7. ITEM PULLED FROM THE AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 5 8. Adopted Resolution No. 4562 authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan for eligible members of the El Segundo Supervisory and Professional Employees Bargaining Unit, to be administered by Phase II Systems, PARS Trust Administrator. 9. Approved the examination plans for the Personnel Merit System job classifications of Street Maintenance Supervisor. (Fiscal Impact: None) 10. PULLED FOR DISCUSSION BY MAYOR MCDOWELL PER PUBLIC REQUEST 11. Adopted a Conflict of Interest Code required by The Political Reform Act (Government Code Section 81000 et. seq.) rescinding Resolution No. 4448 and adopted Resolution No. 4563 approving a new Conflict of Interest Code, 12. Received and filed a determination that the City Council does not object to issuance of a new Type 47 ABC license at 2361 Rosecrans Avenue A No. 792 and AUP No. 08 -02. Applicant: Continental Development Corporation — Alex J. Rose (Fiscal Impact: None). 13. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 14. Authorize the Purchasing Agent to issue a purchase order to Oldcastle Precast for utility pull boxes that will serve as junction points for the City's fiber optic cable installation project. (Fiscal Impact: $15,285.00). 15. Adopted plans and specifications for the slurry sealing of the streets in the area bounded by Sheldon Street, Mariposa and Imperial Avenues and the west City Limits. Project No.: PW 08 -09. (Fiscal Impact: $169,905) Authorized staff to advertise the project for receipt of construction bids. 16. Accepted all work as complete for the project for the Replacement of the windows at the Urho Saari Swim Stadium (plunge), located at 219 W. Mariposa Avenue. (Fiscal Impact: $68,680.00) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 17. Authorized staff to solicit bids for the installation of risers on the Stevenson Field Bleachers in El Segundo's Recreation Park at 339 Sheldon Street. Approved Capital Improvement Program Project No. PW 08 -07. (Fiscal Impact: $26,000 General Fund) 18. As per municipal code § 1 -7 -12 regarding emergency purchases, approved use of Nations Bus Corporation and the funds needed to lease shuttle buses to be used for current City shuttle service programs until existing City -owned vehicles are repaired. (Fiscal Impact: $11,158) MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 6 19. Approved the purchase of a computerized bar code evidence management system and desktop computer for tracking evidence and property in the police department's property room. (Net Fiscal Impact to City $17,500.00 from Police Department's Asset Forfeiture Account) 20. PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER 21. Accepted the work as complete for construction related to the City's Residential Sound Insulation Program Group 20 (21 Homes). Project No. RSI 07 -02. (Final contract total = $1,288,700). Authorized the City Clerk to file the City Planning and Building Safety Director's Notices of Completion in the County Recorder's Office. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve Consent Agenda Items 5, 6, 8, 9, 11, 12, 14, 15, 16, 18, 19, and 21. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7. PULLED FROM THE AGENDA BY THE CITY ATTORNEY - Consideration and possible action to retain Bob Murray & Associates to conduct an Executive Search for the position of City Manager. Fiscal Impact: Not to Exceed $25,000. 10. Consideration and possible action to waive the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to purchase a replacement paramedic rescue ambulance manufactured by Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact: $203,455) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to purchase a replacement paramedic rescue ambulance manufactured by Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact: $203,455) 13. Consideration and possible action for second reading and adopt Ordinance for: (1) the rezoning of approximately 4.25 acres of property at 1700 E. Grand Avenue from Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Zone; (2) an amendment to the Smoky Hollow Specific Plan to further limit permitted uses with the Grand Avenue Commercial (GAC) Zone for the property at 1700 E. Grand Avenue, to general Office and Medical - Dental Office uses only, and; (3) technical changes to the Smoky Hollow Specific Plan (SHSP) relating to the environmental review requirements to make the SHSP consistent with the law (SEQA). Applicant: Mar Canyon Grand, LLC. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 7 A new map was distributed to Council, the Ordinance was introduced with the accurate legal description and map, but the wrong map was inadvertently placed in the agenda packet. Council Member Jacobson stated he was did not feel that the proposed re- zoning was proper zoning for the property. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive second reading and adopt Ordinance No. 1419 for Zone Change No. 07 -01 and Specific Plan Amendment No. 08 -02 for the "MEPS" Project site rezoning to Grand Avenue Commercial (GAC) Zone with limited uses pursuant to the SHSP. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, BRANN, AND FISHER, NOES: MCDOWELL AND JACOBSON 20. Consideration and possible action to pay $250,000.00 to Radio Communications Association in accordance with a fee sharing arrangement relating to the sale of City radio frequency rights. (Net Fiscal Impact to City - $250,000 from Police Department's Asset Forfeiture account.) MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve the payment of $250,000.00 to Radio Communications Association in accordance with a fee sharing arrangement relating to the sale of City radio frequency rights. MOTION PASSED BY UNANIMOUS VOICE VOTE, 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 Brann — Commended the Chamber of Commerce for number of new memberships. Reported on the Historical Society report on the Urho Sarri Swim Stadium. Council Member Fisher — Thanked the Chamber of Commerce for Dodger Day. Council Member Jacobson — Spoke regarding the plunge and designation of the building as a local historic building. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 8 Mayor Pro Tern Busch — Spoke on the "Movie in the Park" event. Stated that El Segundo was third in the number of patents that California Cities had applied for. Also spoke on the Recreation and Parks program "Damn Yankees" production. Mayor McDowell — Announced the "re- use -it" program being promoted. Spoke regarding the fire on Arena Street, and the superb job done by the El Segundo Fire Department and the other outside agencies that assisted under the mutual aid agreement. 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. Bill Mason thanked the Council for their nice compliments on Dodger Day. Also stated that Dodger Day was an effort by the Chamber to show thanks to the members of the Air Force Base. Liz Garnholtz, Resident; Spoke regarding Viennese Nights recently held at the High School. Also spoke regarding the power plant. MEMORIALS — Terry Brunette and George O. Wiley. CLOSED SESSION - NONE ADJOURNMENT at 8:10 p.m. 4ttt�'Am, Cindy Mbftesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 5, 2008 PAGE NO. 9