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2009 AUG 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 4, 2009 — 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: Appointment of Jack Wayt (City Manager) to represent the City as labor negotiators of unrepresented executive management employees. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to appoint Jack Wayt, City Manager, to represent the City as labor negotiators of unrepresented executive management employees. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, stated that the Council would be meeting in closed session pursuant to items identified on the agenda and that the Government Code §54956.9(b) item related to a Firefighters' Association grievance regarding medical benefits. 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) -1- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 1 Adam Garancovsky vs. City of El Segundo, LASC Case No. AHM0121594. 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters Unrepresented executive management (Police Chief; Human Resources Director). City's Representative: Jack Wayt. 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 4, 2009 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 4, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Justin Beck, Calvary Chapel PLEDGE OF ALLEGIANCE — Council Member Bill Fisher PRESENTATIONS — No ceremonial presentations ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Brann Council Member Fisher Council Member Jacobson PRESENTATIONS — - Present - Present - Present - Present - Present a. Presentation from Beach Cities Transit Update, Line 109 — Gwendolyn Parker, Beach Cities Transit Representative 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 Garnholtz, Resident, spoke regarding the PERS system, legacy costs, and overspending. Dennis Short, Resident, spoke about putting wood chips in the Dog Park, and asked Council Member Fisher about helping him find computers to donate to a small town in Mexico. 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 4, 2009 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. (Fiscal Impact: None) 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 communication had been received by City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt Resolution No. 4608 finding the City to be in compliance with the Congestion Management Program (CMP) and adopting the Local Development Report pursuant to Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action to conduct a Public Hearing on the operating and capital outlay requests up to $25,000 in the existing Citizens Option for Public Safety (COPS) Supplement Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures will be utilized to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). (Fiscal Impact: $25,000 from COPS grant fund) Mayor McDowell stated this is the time and place hereto fixed for Hearing on the operating and capital outlay requests up to $25,000 in the existing Citizens Option for Public Safety (COPS) Supplement Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures will be utilized to supplement "front line law enforcement" (includes hiring officers, funding special enforcement details, and purchasing equipment). Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 4 Bob Turnbull, Captain, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Brann, SECONDED by Council Member Fisher to adopt Resolution No. 4609 providing for the implementation of the Citizens Option for Public Safety (COPS) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 3. Consideration and possible action regarding 1) Adoption of a Resolution providing a Designated Retirement Period for Government Code Section 20903, Two Years Additional Service Credit and 2) Certification of Compliance with Government Code Section 20903. (Fiscal Impact: N /A) Bob Hyland, Director of Human Resources, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to adopt Resolution No. 4607 providing a designated retirement period for Section 20903, two years additional service credit and certify compliance with Government Code Section 20903. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BRANN AND FISHER; NOS: NONE; ABSENT: NONE; ABSTAIN: COUNCIL MEMBER JACOBSON. 4/0/1 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. Consideration and possible action regarding a recommendation by the Investment Advisory Committee to adopt the City's Investment Policy. (Fiscal Impact: None) Ralph Lanphere, City Treasurer, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to adopt the City's Investment Policy as submitted. 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. 5. Approved Warrant Numbers 2572791 to 2573017 on Register No. 20 in the total amount of $3,781,844.57 and Wire Transfers from 07/10/09 through 07/23/09 in the total amount of $7,670,489.72. Authorized staff to release. Ratified: Payroll MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 5 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 July 21, 2009. 7. Received and filed report without objecting to 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 400 North Sepulveda Boulevard (Rubio's Fresh Mexican Grill), EA No. 840 for AUP No. 09 -05. Applicant: Jimmy Comerford /Rubio's Fresh Mexican Grill. (Fiscal Impact: N /A) 8. Awarded standard Public Works Contract No. 3970 to the lowest responsible bidder, International Pavement Solutions, Inc., for rehabilitation of Sycamore Park Playground (southeast corner of Sycamore Avenue and California Street) Approved Capital Improvement Project. Project No. PW -09 -07 (Fiscal Impact: $106,006.00) Authorized the City Manager to execute the Contract in a form approved by the City Attorney with International Pavement Solutions, Inc., in the amount of $106,006.00. 9. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 12. Authorized a change to the existing Contract No. 3971 with Wyle Laboratories, Inc., awarded a contract extension to Wyle Laboratories, Inc. for Design and Testing Services, and adopted of a minor amendment to homeowner agreements (requiring property owners to reimburse the City $100 for expenses incurred for failing to disclose significant code violations and /or unfinished, ongoing or pending construction related to the Residential Sound Insulation (RSI) Program. (Fiscal Impact: $1,201,000) Authorized the City Manager to execute the contract extension in a form approved by the City Attorney. 13. COUNCIL CONSENSUS TO PULL THIS ITEM - Consideration and possible action regarding approval of a Third Amendment and Restated Joint Powers Agreement "South Bay Cities Council of Governments" (a Joint Powers Authority). (Fiscal Impact: None) 14. Adopted Resolution No. 4610 regarding the revision of Resolution No. 4601 updating the employer's contribution under the Public Employees' Medical and Hospital Care Act for El Segundo Fire Fighters' Association. The revision is to correct a clerical error made on the original resolution and staff report. (Fiscal Impact: Included in adopted budget) MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 6 MOTION by Council Member Brann, SECONDED by Council Member Fisher to approve Consent Agenda Items 5, 6, 7, 8, 12, and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 9. Consideration and possible action authorizing the City Manager to enter into a funding agreement with the County of Los Angeles for the El Segundo Beach Lifeguard Station Project (Fiscal Impact: $1.7 million grant from the County of Los Angeles). MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to authorize the City Manager to enter into Funding Agreement No. 3972 with the County of Los Angeles for the El Segundo Beach Lifeguard Station Project (Fiscal Impact: $1.7 million grant from the County of Los Angeles). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 1 think Jacobson abstained on this 10. Consideration and possible action to authorize the City Manager to execute five (5) year contract, in a form approved by the City Attorney, with Nationwide Environmental Services for street sweeping services city wide (Fiscal Impact: $139,237.62 for fiscal year 2009 - 2010). MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to authorize the City Manager to execute five (5) year contract extension, in a form approved by the City Attorney, with Nationwide Environmental Services for street sweeping services city wide. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding the acceptance of the Wayfinding Signage Project various locations citywide — Project No. PW 08 -17. (Fiscal Impact: $109,574.05) Council Member Jacobson spoke regarding the placement of the sign poles in the sidewalk and requested that in the future the poles be placed closer to the street with the signs cantilevered. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to accept as complete the Wayfinding Signage Project various locations citywide. Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 15. Consideration and possible action to review the water rate study, direct staff to commence the Proposition 218 protest procedures regarding potential increases to the City's water rates for FY 2009 -2010 through FY 2014 -2015 and set a Public Hearing to consider an ordinance increasing water rates and fees. (Fiscal MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 7 Impact: $20,000 for the ballot mailing, Potential Fiscal Impact: Approximately $3,640,000 loss in water revenue in FY 2009 -2010) Dana Greenwood, Public Works Director, introduced Zeki Kayiran, AKM Consulting Engineers. Mr. Kayiran presented the water rate study and proposed potable water rate increases. Council consensus to postpone this item until revised rate tables are prepared with additional incentivizing tiers. Water rate increase protest ballot to be revised to delete the check box, and include language that states the ballot must be complete to be valid. 16. Consideration and possible action regarding a staff analysis of potential revenue impacts to the City due to the recently passed State budget. (Fiscal Impact: General Fund ($1,024,446) State Gas Tax Fund ($276,818) Deborah Cullen, Finance Director, gave a report. Council consensus to receive and file report. G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Spoke regarding the many City services available to the public. Council Member Fisher — NONE Council Member Jacobson — Spoke regarding the Police Association Car Show on August 22, 2009. Mayor Pro Tern Busch — Spoke regarding the upcoming Recreation Park drama "Singing in the Rain." Mayor McDowell — Spoke regarding scheduling an upcoming "Star Party." 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE NO. 8 Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the not allow c mmentsCouncil after take Publaction on any item not on the agenda. The Council will respond to Communications is closed. Liz Garnholz, resident, spoke regarding street sweeping services, water protest ballot, wastewater treatment and security at the proposed Lifeguard Station. Gail Church, resident, spoke in favor of additional tiers in the water rate tables. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 9:00 p.m. CvYw�- Cindy rtesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL 4 MEETING 9 AUGUST PAGE NO. 9