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2008 FEB 06 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, FEBRUARY 6, 2008 - 5:00 P.M. Clerk Domann adjourned the meeting to 6:00 p.m. due to a lack of a quorum. ROLL CALL Mayor McDowell - Absent Mayor Pro Tern Busch - Absent Council Member Boulgarides - Absent Council Member Fisher - Absent Council Member Jacobson - Absent CALL TO ORDER — Mayor McDowell at 6:00 p.m. Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Absent 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. 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)) - -3- matters Solomon vs. City of El Segundo, LASC Case No. BC372401. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. 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): -2- 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 1 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 Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, FEBRUARY 6, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Scott Lambert, Hilltop Community Church PLEDGE OF ALLEGIANCE — Council Member Bill Fisher PRESENTATIONS — ROLL CALL Mayor McDowell - Present Mayor Pro Tem Busch - Present Council Member Boulgarides - Absent 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. Mayor McDowell made a statement regarding political activity during public communications. He stated that he wanted to make sure Council and members of the public, did not violate the law by engaging in political activities during Council meetings. Cities are precluded from spending money or using City facilities, equipment, etc. for political purposes including the Public Communications portion of the Agenda. Karl Berger, Assistant City Attorney made a statement regarding political activity during public communications. 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. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 3 Stated this admonition also held true for ballot measures and other local, state and federal offices that were the subject of the upcoming election. Liz Garnholz, resident, spoke regarding the FAA form for reporting early turns, the Noise Abatement Committee, and item F - New Business Number 14. Evelyn Somers, resident, spoke regarding code enforcement. Bruce Lewis, resident, thanked the Council and the community for the support his family received during his late wife's battle with cancer. Josh Alpert, resident, spoke regarding the recent power outage in the area of Mariposa, the damage it caused to private homes and Southern California Edison's response. Council Member Jacobson suggested that residents who have submitted claims to Southern California Edison, submit Edison's response to the City Manager's office. 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 ProTem Busch to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to conduct a Public Hearing on the operating and capital outlay requests from the Chief of Police of up to $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). (Fiscal Impact: $100,000 from COPS grant fund.) Mayor McDowell stated this is the time and place hereto fixed for a public hearing on the operating and capital outlay requests from the Chief of Police of up to $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). (Fiscal Impact: $100,000 from COPS grant fund.) Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Jeff Stewart, City Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 4 MOTION by Council Member Jacobson, SECONDED Mayor ProTem Busch by to adopt Resolution No. 4542 providing for the implementation of the Citizens Option for Public Safety (COPS) Program. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the approval of a Contract Change Order in conjunction with construction of the Douglas Street Gap Closure Project continued construction management support services and as -built plans from Parsons under the Caltrop Contract for the project. (No Fiscal Impact, Change Order) Jeff Stewart, City Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to authorize the Director of Public Works to execute Change Order Number 3 to the existing Public Works Agreement with Caltrop Corporation for no cost. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 3. Consideration and possible action regarding introduction of an Ordinance and a adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre- Retirement Option 2W Death Benefit) for the City's local miscellaneous members. Jeff Stewart, City Manager, gave a report. Karl Berger, Assistant City Attorney, read by title only: ORDINANCE NO. 1416 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Mayor ProTem Busch introduced the ordinance. MOTION by Council Member Fisher, SECONDED by Mayor ProTem Busch to adopt Resolution No. 4541 a resolution of intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City Council, City of El Segundo. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 5 4. Consideration and possible action to establish the El Segundo Environmental Council comprised of members of the local business and residential communities and staff (Fiscal Impact: None) Jeff Stewart, City Manager gave a report. MOTION by Mayor ProTem Busch, Seconded by Council Member Fisher to authorize the establishment of the Environmental Committee comprised of two (2) members from the business community, two members from the residential community, one member from the El Segundo School District, appointed to four -year staggered terms, one City staff member to be appointed by the City Manager to be ex- officio and add the Environmental Council to the City's Local Appointments List pursuant to the California Government Code Section 54972. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 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 2563776 to 2564104 on Register No. 8 in the total amount of $2,531,367.55 and Wire Transfers from 1/4/2008 through 1/24/2008 in the total amount of $2,228,315.39. 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 City Council Meeting Minutes of January 15, 2008. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 8. Awarded Standard Public Works Contract No. 3782 to Tony Painting, Inc. for painting of the Park Vista Senior Apartments (615 E. Holly Avenue), the Lakes Golf Course (400 S. Sepulveda Boulevard) and the El Segundo Police Department Jail (348 Main Street). Project No.: PW 07 -12. (Contract Amount: $49,950) Authorized the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney. 9. Awarded Standard Public Works Contract No. 3783 to Flo- System, Inc., in the amount of $342,832 for the installation of an improved monitoring system for the City's Water and Wastewater operations at 400 Lomita Street. Approved Capital Improvement Program. Project No.: PW 06 -01. (Contract Amount = $342,832.00). Authorized the City Manager to execute a Standard Public Works Contract in a form as approved by the City. Approved contingency in the amount of $25,000. 10. Awarded Contract No. 3781 to S &L Specialty Contracting, Inc. for construction related to Group 23 (21 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $838,970). Authorized the City Manager to execute a construction contract in a form approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 6 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER 12. Received and filed a determination that the City Council does not object to the issuance of a new Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 41 - On -Sale Beer and Wine) at a new restaurant located at 720 Allied Way, Suite D, EA No. 780 and AUP No. 07 -08. Applicant: Veggie Grill Restaurant c/o Jean Claude Sakoun (Fiscal Impact: None) MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Busch to approve Consent Agenda Item Numbers 5, 6, 8, 9 10, and 12. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. CALL ITEMS FROM CONSENT AGENDA 7. Consideration and possible action regarding adoption of plans and specifications for the Urho Saari Swim Stadium Window Replacement (219 W. Mariposa Avenue). Approved Capital Improvement Project - Project No: PW 08 -03. (Fiscal Impact: = $70,000) MOTION by Council Member Jacobson, SECONDED by Council Member Fisher, to adopt plans and specifications for the Urho Saari Swim Stadium Window Replacement (219 W. Mariposa Avenue). Approved Capital Improvement Project - Project No: PW 08 -03. Authorized staff to advertise the project for the receipt of construction bids. Replacement windows to be louvered appearing to retain the look of the original windows. Fiscal impact will increase with the replica windows. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 11. Consideration and possible action regarding approval of the American Cancer Society's Relay for Life 2008 event request for a waiver of City - related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code sections 1 -3 -1 to 1 -3- 5 for the public purpose of promoting public health and safety. (Fiscal Impact: $6,376) MOTION by Council Member Jacobson, SECONDED by Mayor McDowell to approve the American Cancer Society's Relay for Life 2008 event request for a waiver of City- related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code sections 1 -3 -1 to 1 -3 -5 for the public purpose of promoting public health and safety. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT F. NEW BUSINESS 13. Consideration and possible action regarding the goals and objectives and approval of a staffing program for the Planning and Building Safety Department. (Fiscal Impact: $350,000 estimated) Jeff Stewart, City Manager, gave a report. MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Busch to receive and file the goals and objectives for the Department and approve the staffing program and report back to MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 7 Council in 120 days. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT 14. Consideration and possible action to authorize a professional service agreement with J.P. Sellens for the purpose of performing duties related to the City's code compliance program. (Fiscal Impact: $35,000) Jeff Stewart, City Manager, gave a report. MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to authorize the City Manager to execute Professional Services Agreement No. 3784 with J.P. Sellens for a term not to exceed six months and report back to Council at the end of the six -month period. MOTION PASSED BY UNANIMOUS VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. G. REPORTS — CITY MANAGER - Reported on the opening of Douglas Street and the Grand opening to be held on Friday, March 7, 2008. H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK REPORTS — CITY TREASURER - Reported on a seminar he attended in Pomona with the California Treasurers Association. K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Reported on the Arbor Day celebrations and the final planting of "Trees to the Sea" on March 8, 2008. Council Member Jacobson — Spoke regarding the Southern California Edison power outages. Mayor Pro Tern Busch — Spoke on the "Trees to the Sea" and the Drama performance "Once Upon a Mattress" this weekend and next. Also reported on his trip to Guaymas. Mayor McDowell — Spoke regarding the recycling efforts in El Segundo. Stated he would be attending the Independent Cities Association Conference this weekend. 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. Liz Garnholz, resident, spoke on agenda item numbers 13 and 14. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 8 Evelyn Somers, resident, spoke on the power failures and the drainage on Imperial. MEMORIALS — Paulita Lewis, Allene West, and Quirino Martinez ADJOURNMENT at 8:10 p.m. indy_Mo _ yen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 06, 2008 PAGE NO. 9