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2011 AUG 02 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 2, 2011 — 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 Council Member Brann - Present Council Member Fuentes - 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: Eric Busch, Mayor, announced that Council would be meeting in closed session pursuant to the items listed on the agenda. Council Member Don Brann not participating in the initiation of litigation pursuant to Government Code §54956.9(c), Wiseburn School District item, on this agenda or on any future agenda nor has he participated in such item in prior closed sessions. 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) -2- matters City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 NSA Construction vs. City of El Segundo, LASC Case No. BC438182 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 1 Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- matter Wyle Claim re Residential Sound Insulation Program Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. Wiseburn School District DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -5- matters Represented Group: Police Support Services Employees Association (PSSEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: City Employees Association (CEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Firefighters Association (FFA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Police Officers Association (POA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Police Managers Association (PMA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler 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 AUGUST 02, 2011 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 2, 2011 - 7:00 P.M. AND SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 2, 2011 — 7:00 P.M. (Special Meeting Agenda Items 1 and 2 taken under Council Reports) 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Pastor Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Dr. Don Brann PRESENTATIONS (a) Presentation by Relay of Life to the El Segundo City Council and El Segundo Recreation and Parks Department. (b) Council Member Brann presented a Proclamation to Stephanie Katsouleas, Public Works Director, proclaiming National 811 Day, August 11, 2011, Identification of the Nation's pipeline infrastructure by making one simple phone call to 811 in advance of any project to identify pipeline locations. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 3 Stan Myles, Senior Public Information Specialist, Air Quality Management District (AQMD), spoke on a AQMD policy being developed to improve air quality. Marc Rener, resident, spoke on a recent article in the Daily Breeze, regarding events revolving around alcohol consumption in Manhattan Beach and Hermosa Beach. Also spoke regarding the waste hauling contract and redistricting. Chris Powell, School Board Member, spoke on the funding agreement between the City and the El Segundo Unified School District. Ron Swanson, El Segundo Education Foundation, spoke on the upcoming Grand Reopening of the El Segundo Community Theatre. Julia Torres -Lau, resident, spoke on the ineffective parking signs that were put up on Walnut Avenue and requested the City reinstate permit parking. Also spoke regarding trash and dog problems at Washington Parks. Jim Boulgarides, resident, spoke regarding the Trash Contract. Thanked Council for allowing him to participate on the Trash Subcommittee. Liz Garnholz, resident, spoke regarding the $1,000,000 savings with the new Trash Contract. Staff directed to report back to Council regarding the parking situation on Walnut Avenue. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. 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 regarding a request to modify Condition 12(A) set forth in Ordinance No. 1345 regulating the hours of alcohol sales for hotels in the Corporate Campus Specific Plan area. Applicant: Michael Gallen, OTO Development. (Fiscal Impact: N /A) Mayor Busch stated that this was the time and place to conduct a public hearing and receive testimony regarding a request to modify Condition 12(A) set forth in Ordinance No. 1345 regulating the hours of alcohol sales for hotels in the Corporate Campus Specific Plan area. Applicant: Michael Gallen, OTO Development. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 4 Deputy City Clerk Domann stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. Mike Gallen, OTO Development, spoke regarding the request to change the hours of alcohol sales and responded to Council questions. MOTION by Council Member Jacobson, SECONDED BY Mayor Pro Tern Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Brann stated he was against changing the hours for sale of alcohol. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1462 AN ORDINANCE AMENDING CONDITION NO. 12A TO RESOLUTION NO. 4241 AND ORDINANCE NO. 1345 FOR THE CORPORATE CAMPUS SPECIFIC PLAN. Mayor Busch introduced the ordinance. Second reading and adoption scheduled for August 16, 2011. 2. Consideration and possible action to open a Public Hearing, consider testimony, and adopt a Resolution finding that the City conforms with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. (Fiscal Impact: None). Mayor Busch stated that this was the time and place to conduct a public hearing and receive testimony, and adopt a Resolution finding that the City conforms with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. Deputy City Clerk Domann stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, 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: MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 5 RESOLUTION NO. 4727 A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGRT IN C ACCORDANCE WITH CAL FORNIA THE GOVERNMENT DEVELOPMENT REPO CODE § 65089. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to adopt Resolution No. 4727finding the City to be in compliance with the Congestion Management Program and adopting the Local Development Report in accordance with California Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment for a proposed Categorical Exemption; and 2) a Precise Plan Amendment removing the 2,500 square -foot limit on the maximum permitted outdoor dining area in the Beach Cities Plaza Precise Plan. Applicant: Continental Rosecrans, Nash (Fiscal Impact: N /A) Mayor Busch stated that this was the time and place to conduct a public hearing and receive testimony regarding: 1) an Environmental Assessment for a proposed Categorical Exemption; and 2) a Precise Plan Amendment removing the 2,500 square - foot limit on the maximum permitted outdoor dining area in the Beach Cities Plaza Precise Plan. Applicant: Continental Rosecrans, Nash Deputy City Clerk Domann stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. Bob Tarnofski, Continental Development, stated he was available to answer any questions. Marc Rener, resident, questioned whether this item would change the Municipal Code affecting the Downtown area. Mike Robbins, resident, spoke regarding impact on traffic. MOTION by Council Member Brann, SECONDED by Council Member Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 6 ORDINANCE NO. 1463 AN ORDINANCE PLAZA PRECISE PRECISE PLAN AMENDMNT TO REMOVE THE 2, AMEND THE BEACH CITIES PLAZA 500 SQUARE-FOOT LIMIT ON THE MAXIMUM PERMITTED OUTDOOR DINING AREA. Mayor Pro Tern Fisher introduced the ordinance. Second reading and adoption scheduled for August 16, 2011. Council Member Brann left the dais at 7:55 p.m. C. UNFINISHED BUSINESS 4. Consideration and possible action to (1) accept the Trash Subcommittee's recommendation to award a new, 7 -year waste hauling contract to Consolidated Disposal Services, the City's current waste hauling provider for the collection of single and multi - family residential and municipal solid waste and (2) direct the City Attorney to finalize the contract with Consolidated Disposal Services according to the bid submitted for $482,350 annually. (Fiscal Impact: None) Stephanie Katsouleas, Public Works Director, gave a report. Council Member Brann returned to the dais at 7:57 p.m. MOTION by Council Member Jacobson, SECONDED by Council Member Fuentes to accept the Trash Subcommittee's recommendation to award a new, 7 -year waste hauling Contract No. 4176 to Consolidated Disposal Services, the City's current waste hauling provider for the collection of single and multi - family residential and municipal solid waste; (2) Direct the City Attorney to finalize the new 7 -year waste hauling contract with Consolidated Disposal Services based on the bid submitted and the form contract included with the request for proposals and return to Council with the final contract. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 5. 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 Council Member Brann, SECONDED by Mayor Pro Tern Fisher to adopt City's Investment Policy as submitted. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 7 All items listed are to be adopted us on of an motion without is made,t d passed unanimously. If a call for d he item(s) be considered individually under the next heading of business. 6. Approved Warrant Numbers 2583362 to 2583537 on Register No. 20 in the total amount of $485,892.03 and Wire Transfers from 07/08/11 through 07/21/11 in the total amount of $2,308,762.54. Authorized staff to release. Ratifed Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments. 7. Approved Regular City Council Meeting Minutes of July 19, 2011. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN 9. Authorized the City Manager to terminate EMAE International Inc.'s control over construction of El Segundo's new Beach Bathroom Facility and Lifeguard Station at El Segundo Beach; (2) directed EMAE International Inc.'s surety, First National Insurance Company of America, to complete the project in accordance with Specification No. PW 10 -09; and (3) authorized the City Manager to execute Takeover Agreement No. 4177 with First National Insurance Company of America in a form approved by the City Attorney to complete construction of the Beach Bathroom Facility and Lifeguard Station at El Segundo Beach Project PW 10 -09. (Fiscal Impact: None) 10. Granted C.T. &F., Inc. and JFL Electric, Inc. requests to withdraw their bids because of mathematical mistakes in accordance with Public Contract Code Section 5101 and awarded standard Public Works Contract No. 4179 to Steiny and Company, Inc. for the installation of Computer Network Equipment (conduits and appurtenances for future I -Net connection) for non -City Hall City facilities. Project No.: PW 10 -08. (Fiscal Impact: $280,000.00) Authorized the City Manager to execute the contract in a form as approved by the City Attorney to Steiny and Company, Inc. in the amount of $255,156.00. Authorized a construction contingency in the amount of $24,844.00 for unforeseen additional work. 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES MOTION by Council Member Jacobson, SECONDED by Council Member Fuentes to approve Consent Agenda Items 6, 7, 9, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 8 8. Consideration and possible action to adopt a Resolution authorizing the annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000-00) MOTION by Council Member Brann, SECONDED by Council Member Fuentes to adopt Resolution No.4728 the annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action to approve a thirty (30) day provisional appointment extension for the position of Interim Battalion Chief. (Fiscal Impact: None) MOTION by Council Member Fuentes, SECONDED by Council Member Brann to approve a thirty (30) day provisional appointment extension for the position of Interim Battalion Chief. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 12. Consideration and possible action regarding the Funding Agreement extending financial assistance to the El Segundo Unified School District ( ESUSD) for the purpose of school facilities and programs. (Fiscal Impact: $250,000 annual contribution. MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Fisher to direct staff to continue the Cash Contribution of $250,000 and in -kind contributions to School District ESUSD in the Fiscal Year 2011 -2012 preliminary budget. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Gave a status report on labor negotiations. H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS 1. Consideration and possible action regarding the City Council's position on the County of Los Angeles' proposed redistricting of the County Board of Supervisor Districts. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 9 2. Discussion and possible action regarding the latest proposed Congressional and State Assembly and Senate redistricting maps and announcement of website ( "wedrawthelines.ca.gov ") where the public can direct its communications regarding the redistricting maps. MOTION by Council Member Jacobson, SECONDED by Mayor Busch to urge the County Board of Supervisors to maintain the continuity of the Beach Cities and keep EI Segundo in the Beach Cities District and not shift the City to the East. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Information regarding where to direct communications to be posted on the City web site. Council Member Fuentes — Spoke regarding the Chamber event, Fastrack project for the 110 Freeway, Navy Week, her attendance at the South Bay COG, and the CERT Program. Council Member Brann — Thanked Council Member Fuentes for attending the South Bay COG meeting in his absence. Spoke regarding the Broadway in the Park Performance. Council Member Jacobson — Spoke on Relay for Life, Broadway in the Park, and the Chamber of Commerce sponsored Dodger Day. Mayor Pro Tern Fisher — Spoke on recent Dodger Day event, Relay for Life, and Congressional redistricting. Mayor Busch — Spoke on Broadway in the Park, Dodger Day, thanked El Segundo Concert Band for wonderful event at the High School, Food Trucks event, and the upcoming annual Movie in The Park, Saturday, August 6th at Chevron Park. 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. Ron Swanson, spoke, regarding the Food Trucks event. Also spoke on the Special Events permit process. Liz Garnholz, resident, spoke against the proposed redistricting maps. Marc Rener, resident, spoke against the proposed redistricting maps. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 10 Mike Robbins, resident, spoke against the proposed redistricting maps, Capital Improvement CIPAC Agendas missing from the City Web Site, and his comment regarding secret Council negotiation meetings at the last Council meeting. MEMORIALS — Maxine M. Green and Eugene Watts. CELEBRATIONS — The birth of Gavin George Poulos. CLOSED SESSION — NONE ADJOURNMENT at 8:52 p.m. 9-" Ca y OV6W, DepuO Cit I rk+ MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 02, 2011 PAGE NO. 11