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2010 OCT 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 5, 2010 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 5:00 p.m. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present — Arrived at 5:10 p.m. Council Member Brann - Present Council Member Fuentes - Absent 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, stated that Council would be meeting in closed session pursuant to the items posted 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. APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 1 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-2- 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 Richard Kreisler 2. Unrepresented Group: Management Confidential Group Negotiator: Jack Wayt CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 5, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS ROLL CALL Mayor Busch - Present Mayor Pro Tem Fisher - Present Council Member Brann - Present Council Member Fuentes - Absent 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. Ron Swanson, Resident; spoke regarding the articles and letters in the press reflecting negatively on our City. Liz Garnholz, Resident; spoke regarding Consent Item numbers 7, 10, and 11A; PERS contributions, employer and employee. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECOND by Mayor Pro Tern Fisher to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to conduct a Public Hearing regarding operating and capital outlay requests of $100,000 from the existing Citizens Option for Public Safety (COPS) Supplement Law Enforcement Services Funds (SLESF) account by the Chief of Police. The grant requires that expenditures be utilized to supplement "front line law enforcement." Front line law enforcement includes funding special enforcement details, and purchasing equipment. (Fiscal Impact: $100,000 from COPS grant fund) Mayor Busch stated that this was the time and place to conduct a public hearing on the operating and capital outlay requests of $100,000 from the existing Citizens Option for Public Safety (COPS) Supplement Law Enforcement Services Funds (SLESF) account by the Chief of Police. (Fiscal Impact: $100,000 from COPS grant fund) City Clerk Mortesen stated that proper notice had been given in a timely manner and that no communications had been received in the City Clerk's Office. Mitch Tavera, Police Chief, gave a report. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4685 A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to adopt Resolution No. providing for the implementation of the Citizens Option for Public Safety (COPS) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding Adoption of a Resolution providing another designated Retirement Period for Section 20903, Two Years Additional Service Credit, for local miscellaneous members. (Fiscal Impact: Presented at Council Meeting of September 21, 2010) Martha Dijkstra, Human Resources, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 4 MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to adopt Resolution No. 4686 providing another designated Retirement Period for Section 20903, Two Years Additional Service Credit, for local miscellaneous members. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. 3. Consideration and possible action to approve the preliminary Proposition 218 documents and direct staff to commence the Proposition 218 protest procedures regarding implementation of residential trash (solid waste) collection fees. (Fiscal Impact: $20,000 for ballot mailing; Potential Fiscal Impact: Approximately $560,700 annual trash collection revenue) Stephanie Katsouleas, Public Works Director, gave a report. MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to approve a tiered rate structure according to amount of waste generated and to approve notice to residents regarding proposed residential trash collection fees and protest ballot language. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES BUSCH, FISHER, BRANN; NOES: JACOBSON; ABSENT: FUENTES. 3/1/1 MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher, to schedule mailing the proposed notices and protest ballots on November 5, 2010 and set the public hearing date for December 21, 2010 to tabulate protest ballot results and consider imposing residential trash collection fees. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES BUSCH, FISHER, BRANN; NOES: JACOBSON; ABSENT: FUENTES 3/1/1 Resolution amending the procedures for mailing, handling, and counting of Proposition 218 protest ballots to include trash (solid waste) fees to be adopted at the October 19, 2010 Meeting. 4. Consideration and possible action regarding 1) approval of an Environmental Assessment for a proposed Statutory Exemption; 2) adoption of Public Facilities Impact Fees for Police, Fire, Library, and Parks Facilities; and 3) introduce and waive first reading of an ordinance to amend El Segundo Municipal Code (ESMC) §15- 27A -6(D) and §15- 27A -6(E) regulating collection of impact fees. Applicant: City Initiated (Fiscal Impact: Increased Fee Revenue from Police, Fire, and Library Public Facilities Impact Fees and Establishment of New Parks Impact Fees) Greg Carpenter, Planning and Building Safety Director, gave a report. Mark Hensley, City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 5 RESOLUTION NO. 4687 A RESOLUTION ADOPTING DEVELOPMNET IMPACT FEES FOR POLICE, FIRE, LIBRARY, AND PARKS FACILITIES IN ACCORDANCE WITH TITLE 15 CHAPTER 27A OF THE EL SEGUNDO MUNICIPAL CODE. MOTION by Council Member Brann, SECONDED by Mayor Busch to adopt Resolution No. 4687 establishing Public Facilities Impact Fees. MOTION PASSED BY UNANIMOUS VOICE VOTE. AYES: BUSCH, FISHER, BRANN, NOES: JACOBSON, ABSENT: FUENTES. 3/1/1 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1448 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15- 27A -6(D) AND 15- 27a -6(E) AFFECTING WHEN DEVELOPMENT IMPACT FEES MUST BE PAID. Mayor Busch introduced the ordinance. Second reading and adoption scheduled for October 19, 2010. 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. 5. Approved Warrant Numbers 2579099 to 2579302 on Register No. 24 in the total amount of $852,049.91 and Wire Transfers from 09/10/10 through 09/23/10 in the total amount of $829,968.83. Authorized staff to release. Ratifed: 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 September 21, 2010. 7. PULLED FOR DISCUSSION BY MAYOR BUSCH 8. Approved a side letter Agreement No. 4064A between the City of El Segundo and the El Segundo Supervisory and Professional Employees Association regarding the severance package for laid off employees. (Fiscal Impact: $16,390) 9. Approved a side letter Agreement No. 3759B between the City of El Segundo and the El Segundo Police Support Services Employees Association regarding the severance package for laid off employees. (Fiscal Impact: $3,753.26) MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 6 10. PULLED FOR DISCUSSION BY MAYOR BUSCH 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN 11A. PULLED FOR DISCUSSION BY MAYOR BUSCH MOTION by Council Member Brann, SECONDED by Mayor Busch to approve Consent Agenda Items 5, 6, 8, and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. CALL ITEMS FROM CONSENT AGENDA 7. Consideration and possible action to adopt Ordinance No. 1447 approving Environmental Assessment EA 884, Zone Text Amendment ZTA 10 -05, and Specific Plan Text Amendment SPTA 10 -02 to amend the El Segundo Municipal Code ( "ESMC ") to establish regulations for assembly hall uses; to amend the permitted and conditionally permitted uses in various zones; and amend the permitted and conditionally permitted uses within the Downtown Specific Plan. (Fiscal Impact: None) MOTION by Mayor Busch, SECONDED by Council Member Brann to approve Consent Agenda Item Number 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. 10. Consideration and possible action regarding salary and benefit concessions for FY 2010/2011 by the City of El Segundo City Supervisory and Professional Employees Association. (Fiscal Impact: Estimated Savings of $312,885.96 for FY 2010/2011) 11A. Consideration and possible action regarding salary and benefit concessions for FY 2010/2011 by the City of El Segundo Police Support Services Employees Association. (Fiscal Impact: Estimated Savings of $97,310.00 for FY 2010/2011) MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to approve Consent Agenda Items 10, Agreement No. 4064B between the City of El Segundo and City of El Segundo City Supervisory and Professional Employees Association regarding salary and benefit concessions for FY 2010/2011 and 11A Agreement No. 3759C between the City of El Segundo and City of El Segundo Police Support Services Employees Association regarding salary and benefit concessions for FY 2010/2011. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT 11. Consideration and possible action regarding an amendment to the previously approved Professional Services Agreements with Kimley -Horne Associates to provide traffic engineering services related to the El Segundo Aquatics Site MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 7 Feasibility Study California Environmental Quality Act (CEQA) review. (Fiscal Impact: up to $11,300 Special Revenue Fund — Aquatics Facility Fund) MOTION by Mayor Pro Tern Fisher, SECONDED by Mayor Busch to approve Consent Agenda Item 11 approving an amendment to the previously approved Professional Services Agreements with Kimley -Horne Associates to provide traffic engineering services related to the El Segundo Aquatics Site Feasibility Study California Environmental Quality Act (CEQA) review. Approve a budget appropriation of up to $11,300 to provide additional traffic engineering services. Authorize the City Manager to execute the Amendment. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 COUNCIL MEMBER FUENTES ABSENT F. NEW BUSINESS 12. Consideration and possible action regarding the approval of amendment to the Plan of Operations as proposed by the El Segundo Senior Citizens Housing Corporation Board at its July 2010 meeting. This item offers further review of staff's findings of the three items in question at the September 7, 2010 City Council Meeting. (Fiscal Impact: None) Bob Cummings, Recreation and Parks Director gave a report. MOTION by Council Member Brann, SECONDED by Council Member Jacobson to approve the amended Plan of Operations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT. REPORTS — CITY MANAGER - NONE REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Spoke regarding a police ride - along; neighborhood watch meeting; attendance at the Chamber Expo; the Richmond Street Fair; the golf course; subcommittee for a search firm on recruiting a new City Manager; and the Da Vinci School. Council Member Jacobson — NONE Mayor Pro Tern Fisher — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 8 Mayor Busch — Spoke regarding the Residential Sound Insulation program, stating that Council was still working on this issue. Requested staff to agendize an RSI update item for the first meeting of each month. Spoke on the South Bay Bicycle Ride this Sunday from Torrance to Main Street El Segundo. 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. Michael Robbins, Resident; stated that he felt his rights had been violated regarding his right to speak on Agenda Item C3. He also spoke regarding Council Pensions; Cal Pers; salaries and compensation; and proposed Proposition 218 trash service fees. Cornellius, USC Graduate, spoke regarding a citizen's complaint. He stated that more training should be provided for police officers regarding DUI stops. He thanked the City for working with him on this. Liz Garnholz, Resident; requested more information on items 10 and 11A. Ron Swanson, Resident; questioned the Proposition 218 process. MEMORIALS — Suzanne Fuentes Weston, and Carl F. Cason. CLOSED SESSION - NONE ADJOURNMENT at 8:45 p.m. (� n, - - � f Cindy M rtesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE NO. 9