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2008 NOV 18 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2008 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Absent Mayor Pro Tern Busch - Absent Council Member Brann - Absent Council Member Fisher - Absent Council Member Jacobson - Absent Clerk Domann adjourned the meeting to 7:00 p.m. due to a lack of quorum. 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 CLOSED SESSION: - NONE 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- matter City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 Allstar Fire Equipment Co. v. City of Los Angeles, LASC Case No. BS115556 Coleman v. City of El Segundo, LASC No. YC057685 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 1 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): -1- matter. 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: City Manager Jack Wayt; Human Resources Director Bob Hyland; Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (1) Unrepresented management/confidential employees (City employees who are not members of bargaining units); (2) El Segundo Police Officers' Association; (3) El Segundo Firefighter's Association; (4) the El Segundo Police Management Association. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Roger Kinsey, Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Council Member Fisher presented a Proclamation to Kevin Smith, Fire Chief, announcing Spark of Love Toy Drive November 25 through December 15, 2008 b. Katie Holmes, American Cancer Society, spoke regarding the "Relay for Life" and presented a certificate of appreciation to the City. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - 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. Jack Kenton, resident, spoke regarding the need for a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. Brad Listall, resident, spoke in favor of a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. Mr. Fotty, spoke in favor of a four -way stop sign and at Hillcrest and Sycamore and /or Hillcrest and Acacia. Dave McPherson, spoke in favor of a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 3 Celese Peskis, resident, spoke in favor of a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. Resident, spoke in favor of a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. Peter Lewis, resident, spoke in favor of a four -way stop sign at Hillcrest and Sycamore and /or Hillcrest and Acacia. Council consensus to agendize the stop sign item for the Council next meeting. 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. 4/0. COUNCIL MEMBER BRANN ABSENT B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 1. Consideration and possible action to adopt the Aviation Safety and Noise Abatement Committee's ( ASNAC) recommended comments to the California Department of Transportation in response to Los Angeles International Airport's (LAX) request for a Noise Variance regarding its operations at LAX. Suzanne Fuentes, Aviation Safety and Noise Abatement Committee, gave a report. Council consensus to receive ASNAC recommendations as part of El Segundo's input to the LAX Noise Variance process. 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. 2. Approved Warrant Numbers 2568633 to 2568885 on Register No. 3 in the total amount of $558,075.31 and Wire Transfers from 10/24/2008 through 11/06/2008 in the total amount of $1,117,342.40 and 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 NOVEMBER 18, 2008 PAGE NO. 4 3. Approved Regular City Council Meeting Minutes and Special City Council Meeting Minutes of November 5, 2008. 4. Approved revised Class Specification for the job classification of Park Maintenance Supervisor. 5. Approved the Employment Examination Plan for Pool Maintenance Technician. 6. Accepted the work as complete on the project for the 2007 -2008 annual contract for curb, gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Project. Project No. PW 08 -05. CDBG Project No. 601066 -07. (Fiscal Impact: $231,446.20) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 7. Approved Professional Service Agreement No. 3874 with AKM Consulting Engineers for improvements to the City's wastewater collection system, specifically a conceptual design of possible elimination of Pump Station No. 7 (640 Virginia Street), the upgrade of Pump Station No. 1 (625 West Acacia Avenue), and the replacement of the force main from Pump Station No. 1 to Imperial Avenue. (Fiscal Impact: $276,480) Authorized the City Manager to execute the agreement in a form as approved by the City Attorney. 8. Authorized staff to solicit bids for the upgrade of field lighting at George Brett Field and the Softball Field in Recreation Park at 339 Sheldon Street. Approved Capital Improvement Program Project No. PW 08 -15 (Fiscal Impact: $290,000) 9. Authorized the City Manager to enter into Agreement No. 3875 to accept a matching grant of $24,000 in funding from the Governor's Office of Emergency Services ( "OES ") that authorizes the El Segundo Fire Department to evaluate and implement a pilot community notification system for mass notifications. The City's twenty percent (20 %) match will be through a soft match of staff resources and Beach Cities Community Awareness and Emergency Response Association ( "CAER ") participation. (Fiscal Impact: $24,000) 10. Approved Resolution No. 4577 to support the City's participation in the South Bay Cities Council of Governments Energy Partnership and our City's participation in the programs and projects of the South Bay Environmental Savings Center. (Fiscal Impact: None) 11. Accepted the withdrawal of Bid from DAB Construction, Inc.; Determined that the failure to acknowledge Addendum #2 on the bid form by S &L Specialty Contracting, Inc. be considered a "immaterial irregularity "; Waived the "immaterial irregularity" of the Bid from S &L and awarded Contract No. 3873 to S &L Specialty Contracting, Inc. for construction related to Group 29 (27 homes) of the City's Residential Sound Insulation Program (Project No. RSI 08 -17). (Estimated construction cost and retention: $547,800); Authorized the City Manager to execute a contract in a form approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 5 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to approve Consent Agenda Items 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. CALL ITEMS FROM CONSENT AGENDA 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 — Absent Council Member Fisher — NONE Council Member Jacobson — Spoke regarding the recent Los Angeles County earthquake exercises. Mayor Pro Tern Busch — 12. Consideration and possible action regarding a presentation and discussion regarding public art regulations and direction to the Planning and Building Safety staff to prepare an ordinance amending the Municipal Code to establish regulations for a "Percent for Art or Art in Public Places Program ". (Fiscal Impact: None) Greg Carpenter, Planning and Building Safety Director, gave a report. Council consensus to have staff return to Council with a report on developer feedback regarding incentives to provide public art in their projects and /or amend the Zoning Code to voluntary incorporate public art into existing landscaping requirements, and a policy to encourage public art to be voluntary incorporated into development agreements. Thanked El Segundo Firefighters for their service during the recent firestorms. Mayor McDowell — Thanked El Segundo Firefighters for their service during the recent firestorms. Also congratulated the United States Air Force on the first "Air Force Week Los Angeles ". Noted that El Segundo residents can drop off waste cooking oil at Stuft Pizza during the upcoming Thanksgiving weekend. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 6 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 Kenton, spoke regarding public art and City murals and noted at free airplane rides to be given at the Torrance airport on December 6 at noon for between the ages of 8 -18. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:50 -0&�Rxm"k Cathy Dom n, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2008 PAGE NO. 7