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2008 MAY 06 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 6, 2008 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell 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. 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) items were threats of litigation regarding Henry Radio, Claim No. 07 -48, March 4, 2008 Regional Water Quality Control Board Notice of Violation, and the Carson Landfill. 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 City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 Solomon vs. City of El Segundo, LASC Case No. BC372401. Jones vs. City of El Segundo, LASC Case No. YC057076 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -4- 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- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 1 Public Employee /Appointment — Title: City Manager 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 MAY 6, 2008, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 6, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell INVOCATION — Pastor Rob McKenna, Four Square Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Council Member Brann presented a Proclamation to Stephanie Katsouleas, Interim Public Works Director, announcing the week of May 18th through 24th as "National Public Works Week ". b. Mayor ProTem Busch presented a Proclamation to Dave Cummings, Police Chief, and Kevin Smith, Fire Chief, announcing Saturday, May 10, 2008 as El Segundo Public Safety Day and inviting the community to a joint Open House. C. Council Member Jacobson presented a Proclamation inviting the community to participate in the Elderfest Celebration on Saturday, May 17, 2008. 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 the sewer fees. A. PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6. 2008, 2008 PAGE NO. 3 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. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action to adopt the City of El Segundo Multi- Hazard Mitigation Plan subject to the document's review and approval by the Federal Emergency Management Agency (FEMA). (Fiscal Impact: None) Kevin Smith, Fire Chief, gave a report. MOTION by Council Member Fisher, SECONDED by Council Member Jacobson, to adopt Resolution No. 4549 adopting the City of El Segundo Multi- Hazard Plan in accordance with 44 C.F.R. Section 201.6 and subject to the document's review and approval by FEMA. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action to receive and file air sampling reports conducted by Forensic Analytical Consulting Services. (Fiscal Impact: $10,000) Stephanie Katsouleas, Interim Public Works Director, gave a report. Council consensus to receive and file indoor and outdoor environmental quality air sampling reports. 3. Consideration and possible action regarding the approval of plans and specifications and authorization to solicit construction bids for construction of a Fire Station at 2261 East Mariposa Avenue to replace the existing Fire Station No. 2. Approved Capital Improvement Program. Project No.: PW 08 -06 (Fiscal Impact: $7,750,000) Kevin Smith, Fire Chief gave a brief report. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve plans and specifications and authorize staff to advertise the project for receipt of construction bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 4 4. Consideration and possible action regarding recommendations from the Downtown Committee to (1) approve a Downtown El Segundo light -pole banner program; (2) authorize evaluation of a wayfinding signage program; (3) authorize a Professional Services Agreement for program - related creative services, in a form as approved by the City Attorney, with Ryder Communications in an amount of $28,000; and (4) approve a pilot LED parkway decorative lighting project in the 300 block of Main Street and authorize funding in the amount of $5,000. (Fiscal Impact: $33,000). Cris Bennett, Downtown Committee, gave a report. Council consensus to receive a progress report from the Downtown Committee. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve Downtown Committee's recommended light -pole banner designs and authorize funding for banner final design and fabrication; Request the Downtown Committee develop a plan for downtown wayfinding signage design and placement and report back to City Council with recommendations; Authorize the City Manager to execute Professional Services Agreement No. 3813, in a form as approved by the City Attorney, with Ryder Communications (formerly City Adworks) in an amount not to exceed $28,000 to develop /fabricate banner signage and provide creative design services for a wayfinding signage program; Approve a pilot LED parkway decorative lighting project along the 300 block of Main Street and authorize funding in the amount of $5,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 5. Consideration and possible action regarding the approval of a Professional Services Agreement with Utility Cost Management (UCM) to investigate whether the appropriate rate structure has been applied to the City's electricity and gas use. (Fiscal Impact: None) Stephanie Katsouleas, Interim Public Works Director, gave a report. Michael Kerkorian, Utility Cost Management, answered Council questions. MOTION by Council Member Fisher, SECONDED by Council Member Brann to authorize the City Manager to execute Professional Services Agreement No. 3814 in a form as approved by the City Attorney with Utility Cost Management (UCM). 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. 6. Approved Warrant Numbers 2565293 to 2565656 on Register No. 14 in the total amount of $1,866,990.25 and Wire Transfers from 4/4/2008 through 4/24/2008 in the total amount of $1,893,760.18. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 5 7. Approved Regular City Council Meeting Minutes of April 15, 2008 and Special City Council Meeting of April 24, 2008. 8. Authorized the City Manager to enter into Agreement No. 3821 to accept a grant of $52,483.58 in funding from the California Environmental Protection Agency (Cal /EPA) under Assembly Bill 1130, that authorizes the El Segundo Fire Department to develop and implement an aboveground petroleum storage tank inspection program in El Segundo; and adopted Resolution No. 4550 authorizing the implementation of an aboveground storage tank inspection program within El Segundo. (Fiscal Impact: $52,483.58) 9. Waived the formal bidding process per the El Segundo Municipal Code Section 1 -7 -10 and authorized payment to Performance Allison Replacement Transmissions for a major transmission rebuild on Truck 32. (Fiscal Impact: $17,696.06) 10. Adopted Resolution No. 4551 to implement a salary range increase for the position of Emergency Services Coordinator in the 2007/08 Fiscal Year Operating Budget. (Fiscal Impact $6,100) 11. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH 12. Adopted plans and specifications for the 2007 -2008 annual contract for curb, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Program. Project No.: PW 08 -05. CDBG Project No. 601066 -07. (Fiscal Impact: $242,000) Authorized staff to advertise the project for receipt of construction bids. 13. Adopted Resolution No. 4552 authorizing submittal of a Fiscal Year 2008 -2009 application to the California Department of Conservation for a grant authorized under the California Beverage Container Recycling and Litter Reduction Act. (Fiscal Impact: $5,000 in grant fund revenue) 14. Adopted Resolution No. 4553 authorizing the City Manager, or designee to apply for, receive and appropriate funds from the State of California for Capital Improvement Projects to be funded with Proposition 1 B funding. (Fiscal Impact: $400,000 grant fund revenue) 15. Awarded Standard Public Works Contract No. 3815 to Shaw Industries Inc. for the installation of new carpet at the Park Vista Senior Apartments (615 E. Holly Avenue) in the amount of $73,415.73 and the Lakes Golf Course (400 S. Sepulveda Boulevard) in the amount of $19,738.95 (Fiscal Impact: $93,154.68). Authorized the City Manager to execute contract in a form as approved by the City Attorney. 16. Authorized the City Manager to execute a Memorandum of Agreement No. 3816 in a form as approved by the City Attorney with the City of Los Angeles for Monitoring Services to test for bacteria at shoreline storm drain outlets. Testing is required to comply with California's Regional Water Quality Control Board storm water regulations. (Fiscal Impact: $2,100) MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 6 17. Adopted Resolution No. 4554 of the City Council authorizing the City Manager or designee to authorize the County of Los Angeles to act on the City's behalf to apply for, receive, and appropriate grant funds from the California Integrated Waste Management Board for the 14th Cycle Used Oil Block Grant. (Fiscal Impact: None) 18. Authorized the issuance of a blanket purchase order to Blue Diamond Materials, a division of Sully Miller Contracting Company on a single- source basis to supply asphalt paving materials for Street Maintenance Division projects (Fiscal Impact: $35,000). 19. Approved an amendment, in a form approved by the City Attorney, to Agreement No. 3782 with Tony Painting, Inc. The amendment would add items to the original scope of work for painting at 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. (Fiscal Impact: $26,795.00). Authorized the City Manager, or designee, to execute the amendment. 20. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH 21. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH 22. Awarded Contract No. 3817 in an amount not to exceed $186,607 RFP 08 -01 to L3 Communications to provide and install mobile, digital, video recording devices in all patrol cars and motorcycles, as well as all related equipment, a computer server, wireless data transfer hardware, and data management software necessary to support the system and other digital media evidence created by the police department. (Fiscal impact: $186,607 — paid from available COPS Grant and Developer Fees.) MOTION by Council Member Brann, SECONDED by Council Member Jacobson to approve Consent Agenda Items 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 22. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 11. Consideration and possible action regarding approval of a professional services agreement with Revenue & Costs Specialists, LLC to provide a Cost Allocation and User Fee Study to update the City's Development Permit Fees (Planning, Building, Plan Check, and Public Works Fees). (Fiscal Impact: $24,000) MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve Professional Services Agreement No. 3818 with Revenue & Costs Specialists, LLC to provide a Cost Allocation and User Fee Study to update the City's Development Permit Fees (Planning, Building, Plan Check, and Public Works Fees). (Fiscal Impact: $24,000) Authorized the City Manager to sign agreement approved as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 7 20. Consideration and possible action to adopt a resolution which authorizes the City Manager to direct award a public works contract to Republic Intelligent Transportation Services based upon the recent competitive bid process undertaken by the City of Los Alamitos for similar services. The project includes installing and maintaining 996 Lighting Emitting Diode (LEDs) lamps which will replace existing incandescent traffic signal bulbs. (Fiscal Impact: $151,343) MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to adopt Resolution No. 4555 which authorizes the City Manager to direct award a Public Works Contract No. 3819 to Republic Intelligent Transportation Services based upon the recent competitive bid process undertaken by the City of Los Alamitos for similar services. The project includes installing and maintaining 996 Lighting Emitting Diode (LEDs) lamps which will replace existing incandescent traffic signal bulbs. (Fiscal Impact: $151,343) Authorized the City Manager to execute the contract. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 21. Consideration and possible action regarding the approval of the examination plans for the Personnel Merit System job classifications of Senior Plan Check Engineer and Facilities Systems Mechanic. (Fiscal Impact: None) Gary Chicots, Planning and Building Safety Director, responded to Council questions. MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve the examination plans for the Personnel Merit System job classifications of Senior Plan Check Engineer and Facilities Systems Mechanic. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY Announced that Council in Closed Session unanimously voted to defend the City in the matter of Jones vs. City of El Segundo, LASC Case No. YC057076 and to provide defense and indemnity to Officer Browning. REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Spoke regarding the activities he has participated in since taking his oath of office. He thanked staff for his orientation and helping him in his new position. Council Member Fisher — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008. 2008 PAGE NO. 8 Council Member Jacobson — Spoke regarding the upcoming Fire and Police Department open house on May 10tH Mayor Pro Tern Busch — 23. Consideration of possible action to adopt a resolution supporting SB 1722 (Oropeza), a bill creating a Green Line Construction Authority, for the purpose of connecting the Metro Green Line to Los Angeles International Airport. MOTION by Mayor Pro Tern Busch, SCONDED by Council Member Brann to adopt Resolution No. 4556 supporting SB 1722 and authorize legislative advocacy efforts to promote passage of the bill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Requested to agendize for the next meeting an amendment to the Municipal Code with regard to Elections and address the maximum contribution amount of up to $500 and the limit placed on contributions of candidates themselves. Mayor McDowell — 24. Consideration and possible action to adopt a resolution supporting AB2780 (Lieu), a local agency protection measure providing that a public entity is not liable for damages for lost profits if a breach of contract is due to the enactment of a valid initiative. (Fiscal Impact: None.) MOTION by Mayor McDowell, SECONDED by Mayor ProTem Busch to adopt Resolution No. 4557 supporting AB2780 and authorize appropriate legislative advocacy to promote passage of the bill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Stephanie Katsouleas, Interim Public Works Director, explained the water broom that was being distributed to businesses at not cost. 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. Jack Axlerod, resident, spoke regarding world affairs, the recent election and municipal government. MEMORIALS — Ray Knabe, Father of Supervisor Don Knabe. CLOSED SESSION MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 9 ADJOURNMENT at 8:20 p.m. 7W d01I' , , " W-r - � F Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 6, 2008, 2008 PAGE NO. 10