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2008 AUG 19 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 19, 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 not known to the public generally. 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) - -1- matter 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): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 19, 2008 PAGE NO. 1 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 4- 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) El Segundo Police Officers' Association; (c) El Segundo Firefighter's Association; and (d) El Segundo Police Management Association. 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 19, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 19, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Deputy City Clerk Domann PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS — NONE 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. Liz Garnholz, resident, spoke regarding the new windows at the Plunge. Also spoke on the pollution generated by the El Segundo Power Plant. 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 VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 19, 2008 PAGE NO. 3 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. Approved Warrant Numbers 2567130 to 2567341 on Register No. 21 in the total amount of $3,711,133.75 and Wire Transfers from 7/25/2008 through 8/07/2008 in the total amount of $1,406,882.58. 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. 2. Approved Regular City Council Meeting Minutes of August 5, 2008. 3. Approved the transfer of General Funds in an amount not to exceed $13,000 to continue the City's Juvenile Diversion Project for the period July 1, 2008 through June 30, 2009, increase the total General Fund allocation for CDBG during FY 2008 -2009 from $65,000 to $78,000, and reprogram $13,000 of CDBG funds into another CDBG project; Authorized the City Manager to execute an amendment to the existing Professional Services Agreement between the City of Redondo Beach /South Bay Youth Project transferring the provision of Juvenile Diversion services to the SBCHC utilizing General Funds in an amount not to exceed $13,000. 4. Accepted the work as complete for the Biological Wastewater Closed Loop System at 400 Sepulveda Blvd. — Project No. PW 08 -01. (Fiscal Impact: $71,930.00) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 5. Approved Employment Agreement No. 3846 with Jack Wayt for the position of City Manager effective October 1, 2008. Authorized the Mayor to execute the agreement. MOTION by Council Member Jacobson SECONDED by Mayor Pro Tern Busch to approve Consent Agenda Items 1, 2, 3,4 and 5. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 6. COUNCIL CONSENSUS TO PULL ITEM FROM THIS MEETING AGENDA - Consideration and possible action to approve a resolution identifying deposit requirements for work conducted in the public right -of -way. (Fiscal Impact: None) 7. Consideration and possible action regarding acceptance of up to a $5,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program. James O'Neill, Residential Sound Insulation Program Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 19, 2008 PAGE NO. 4 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to accept the FAA Grant Agreement No. 3847 for Project No. AIP 3 -06- 0139 -52 and authorize the Mayor to execute the FAA Grand Agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8. Consideration and possible action to introduce and waive first reading of an ordinance amending the El Segundo Municipal Code (ESMC) with regard to local campaign financing and signs. Mark Hensley, City Attorney, gave a report. Council Member Jacobson recommended a $500 contribution limit and a 45 day limit on placing of political signs before an election. Council consensus to introduce the ordinance with the 45 day limit on placing of political signs before an election. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1420 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -9 -2, 1 -9 -3, 1 -9 -5 AND 15- 18-10(G) RELATING TO LOCAL ELECTION REGULATIONS. Council Member Jacobson introduced the ordinance as amended. Second reading and adoption scheduled for September 2, 2008. 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 — Congratulated staff on the Douglas Street two -way conversion project. Council Member Fisher — NONE Council Member Jacobson — Spoke on the upcoming Car Show on Main Street this Saturday, August 23rd. Mayor Pro Tern Busch — Spoke regarding the "Damn Yankees" Recreation and Parks Summer drama production. Mayor McDowell — MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 19, 2008 PAGE NO. 5 9. Consideration and possible action to adopt a resolution opposing AB2427 (Eng); a bill limiting local governments' power to enforce regulations protecting the public health, safety and welfare. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Council Member Brann to adopt Resolution No. 4564 opposing AB242 and authorize appropriate legislative advocacy to oppose passage of the bill. 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 MEMORIALS — J.B. Wise and Tim Mortesen. CLOSED SESSION — NONE ADJOURNMENT at 7:28 p.m. a*t-)2% aim &-,- ��, Cathy Do ann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 19, 2008 PAGE NO. 6