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2010 APR 20 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2010 — 6:00 P.M. 6:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 6:00 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: Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to the items listed on the agenda. 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 City of El Segundo vs. City of Los Angeles, et. al LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 2010 - 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. City Clerk Mortesen presented and recognized the Election poll workers and Election night workers for their valuable services rendered to The City of El Segundo during the April 2010 Municipal Election. 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. Christine Delgado, Asian American Drug Abuse program, spoke regarding their program in El Segundo. 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 Council Member Fisher to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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 2576693 to 2576895 on Register No. 13 in the total amount of $624,167.65 and Wire Transfers from 3/26/10 through 4/8/10 in the total amount of $966,114.85. 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 April 6, 2010 and Special Meeting Minutes of April 7, 2010. 3. Waived second reading and adopted Ordinance No. 1441 for a zone change from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan (NCBSP) Zone, a Zone Text Amendment, a Specific Plan, and a Development Agreement on the site located at 199 North Continental Boulevard. Applicant: JF El Segundo Owner, LLC (Fiscal Impact: $75,000 Contribution to parks and recreation capital improvement project to benefit children) 4. Approved an additional thirty (30) day provisional appointment extension for the position of Interim Recreation Superintendent. (Fiscal Impact: Savings of $106,574 in Fiscal Year 2009 -2010) 5. Awarded a standard Public Works Contract No. 4067 to Mathew and Stewart Company, Inc. for the replacement of sanitary sewer mains at various locations within the Smoky Hollow Specific Plan area of the City of El Segundo. Project No.: PW 09 -09 (Fiscal Impact: $1,025,000.00) Authorized the City Manager to execute the contract in the amount of $930,9963. MOTION by Council Member Brann, 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 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Announced the appointment of Mitch Tavera as Police Chief. H. REPORTS — CITY ATTORNEY — Thanked the Mayor for his service. REPORTS — CITY CLERK — TO BE TAKEN LATER IN THE AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 4 J. REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — None Council Member Fisher — Spoke regarding the Mayor's retirement. Council Member Jacobson — Spoke regarding the Mayor's retirement. Mayor Pro Tem Busch — Made a presentation to Mayor McDowell from City. Spoke regarding the Mayor's retirement. Mayor McDowell — Spoke on his retirement. Presentations made to retiring Mayor Kelly McDowell I. REPORTS — CITY CLERK 6. Consideration and possible action reciting the fact of the General Municipal Election held on April 13, 2010. (Fiscal Impact: None) MOTION by Council Member Busch, SECONDED by Council Member Jacobson to adopt Resolution No. 4649 declaring the results of the General Municipal Election held April 13, 2010. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 7. Consideration and possible action regarding the administering of the Oath of Office to the Council Members Elect. (Fiscal Impact: None) City Clerk Mortesen presented Certificate of election and administered the oath of office to Council Members Elect Fisher and Fuentes. 8. Consideration and possible action regarding election of Mayor and Mayor Pro Tem by seated Council Members. (Fiscal Impact: None) Council Member Jacobson nominated Council Member Brann and Council Member Fuentes seconded the motion (City Clerk advised that no second is necessary); Council Member Brann nominated Council Member Busch for Mayor. Nomination for Council Member Brann failed by the following vote: Ayes: Council Members Fuentes and Jacobson; Noes: Council Members Busch, Brann, and Fisher. Nomination for Council Member Busch passed by the following vote: Ayes: Council Members Busch, Brann, Fisher, and Jacobson; Council Member Fuentes not voting. Mayor opened the floor to nominations for Mayor Pro Tem. Mayor Busch to nominated Council Member Fisher for Mayor Pro Tem; Council Member Fuentes nominated Council Member Jacobson for Mayor Pro Tem. Nomination for Council Member Fisher passed by the following vote: Ayes: Mayor Busch, Council Members Brann, Fisher, and Jacobson; Council Member Fuentes not voting. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 5 City Clerk Mortesen stated that because a Council majority voted for Council Member Fisher for Mayor Pro Tern, a majority cannot vote a second nomination so the election of Mayor Pro Tern Fisher stands. Presentation made from Jane Harman's office. 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. ADJOURNMENT at 7:47 p.m. RECEPTION IMMEDIATELY FOLLOWING FOR OUTGOING AND INCOMING COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 20, 2010 PAGE NO. 6