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2011 FEB 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 1, 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 Tem 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: Mark Hensley announced that Council would be meeting in closed session pursuant to the items listed on the agenda and that the construction coordinator unpaid leave item and Government Code §54956.9(b) item had been deleted from 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): -1- DELETED - Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 1 PUBLIC EMPLOYMENT (Government Code § 54957) — 1- matter (Request for unpaid leave pursuant to El Segundo Municipal Code § 1- 6 -20). Position/Title: Construction Coordinator - DELETED APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter Position/Title: City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters 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 FEBRUARY 1, 2011 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 1, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Pastor Rob McKenna, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS a. Mayor Pro Tern Fisher presented a Proclamation to Nancy Franklin, American Heart Association, proclaiming Friday, February 4, 2011, as National Wear Red Day. 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. Cindy Topar, resident, spoke regarding the City of Santa Monica's ban on use of single use plastic bags and asked Council to consider adopting such an Ordinance. Loretta Frye, resident, spoke regarding the free income tax program being provided to low income people and seniors at the Joslyn Center. Marc Rener, resident, spoke regarding agenda item no. 7, trash collection services. Mike Robbins, resident, spoke regarding agenda item 6a Tree Musketeers request to waive permit and inspection fees and agenda item no. 7, trash collection services. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 3 Adam Gerard, President Tree Musketeers, spoke regarding the upcoming Arbor Day Tree Planting Project and asking Council to consider waiving fees. Ron Swanson, resident, spoke regarding trash fees. James Castro, Consolidated Disposal Services, requested to meet with staff to address a possible three year contract extension. Liz Garnholz, resident, spoke regarding agenda item no. 6a Tree Musketeers fee waiver, and agenda item no. 7 trash collection services, and Athletic Field revenue generation. Gail Church, Executive Director, Tree Musketeers, spoke regarding agenda item no. 6a, request for fee waivers. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Brann, 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) 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 2580728 to 2580879 on Register No. 8 in the total amount of $828,479.21 and Wire Transfers from 01/06/11 through 01/20/11 in the total amount of $2,269,452.96. 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 January 18, 2011. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 4 3. Accepted the project for the rehabilitation of Grand Avenue from Sepulveda Boulevard to Duley Road as complete. Project No.: PW 10 -03 (Fiscal Impact: $338,365.52) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 4. Authorized acceptance of $39,810 in grant funding from the U.S. Department of Homeland Security, through the Office of Grants and Training, under Fiscal Year 2008 and 2009 State Homeland Security Grant Programs (SHSGP) to pursue regional training and radio programming. (Fiscal Impact: $39,810) Authorized the City Manager to sign Agreement Nos. 4119 and 4120 with the County of Los Angeles who will serve as grant administrator for both grants. 5. Waived second reading and adopted Ordinance No. 1458 approving Environmental Assessment EA 881, Specific Plan Amendment No. 10 -01, and Zone Text Amendment ZTA 10 -04 to amend the Smoky Hollow Specific Plan Land Use Plan and the El Segundo Municipal Code ( "ESMC ") regulating the permitted uses in the Small Business (SB) and Medium Manufacturing (MM) Zones. (Fiscal Impact: N /A) 6. Adopted Resolution No. 4708 amending the City's Flexible Benefit Plan Document and Summary Plan Description to reflect changes resulting from the Affordable Care Act of 2010 eliminating the reimbursement of over - the - counter medicine or drugs from the health spending account. 6a. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to approve Consent Agenda Items 1, 2, 3, 4, 5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6a. Consideration and possible action to approved the request from Tree Musketeers to waive the permit and inspection fees per El Segundo Municipal Code section 8 -8 -7 D1 - MOTION by Mayor Pro Tern Fisher, SECONDED by Mayor Busch to approve the request from Tree Musketeers to waive the permit and inspection fees per El Segundo Municipal Code section 8 -8 -7 D1. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 5 F. NEW BUSINESS 7. Consideration and possible action to (1) determine which residential properties will receive City - provided trash collection services when the City's current residential trash collection contract expires on July 31, 2011; (2) approve the Trash Subcommittee's recommendation to bid out the contract for trash collection services and select one of the Subcommittee's bidding options for a new trash collection contract to begin Au gust 1, 2011. (Fiscal Impact: Unknown; fiscal impact to the City estimate $444,906 to $561,000 depending on City Council Action(s) taken on this agenda item.) Council Member Jacobson left the dais at 7:46 pm due to a conflict of interest regarding his ownership of an apartment building with more than two units. Stephanie Katsouleas, Public Works Director, gave a report. MOTION by Council Member Brann, SECONDED by Council Member Fuentes to direct staff to include City - provided trash services for all properties with more than two units ,which currently put out trash cans, in the next residential trash hauling contract. MOTION PASSED BY THE FOLLOWING VOTE: AY S: MAYOR SCHO TEM FISHER, COUNCIL MEMBERS BRANN AND MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to reconsider the MOTION. MOTION PRO TEM FISHER, COUNCIL MEMBER VOTE: AYES: MAYOR BUSCH, MAYOR M MBER FUENTES NO: COUNCIL MEMBER BRANN. 3/1 MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to include City - provided trash services for three and four unit properties in the next residential trash hauling contract. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR PRO TEM FISHER, COUNCIL MEMBERS BRANN AND FUENTES; NOES: MAYOR BUSCH. 3/1 Council Member Jacobson returned to the dais at 8:19 pm. MOTION by Mayor Pro Tern Fisher to go out to bid with all four Subcommittee recommended options. MOTION FAILED FOR LACK OF SECOND. MOTION by Council Member Brann, SECONDED by Council Member Fuentes to extend the current contract for up to three years and work with the current trash hauler to negotiate additional services and /or reduce current prices and if this can't be accomplished then go out to bid. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 6 COUNTER MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to go out to bid with 3 year and 7 year options with no change in service. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR COUNCIL MEMBER BRANN NDHER, COUNCIL MEMBER FUENTES; N OES JACOBSON. 3/2 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 Fuentes — Spoke on the additional left turn lane at Main and Imperial. Spoke regarding recent event to get young people involved with Science, Technology, Engineering and Math hosted by the Los Angeles Air Force Base. Council Member Brann — Spoke on the Da Vinci School Engineering Award. Council Member Jacobson — Spoke regarding the need for volunteers for CPR Sunday. Mayor Pro Tern Fisher — Spoke on McCormick and Schmick's event for troops coming home from deployment in Iraq. Mayor Busch — Spoke on recent hazardous waste and a -waste roundup sponsored by the County of Los Angeles Public Works Department and upcoming Tree Musketeers Arbor Day event. 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. Loretta Frye, resident, spoke regarding the confusion on when the Fire Department will be watering trees. Mike Robbins, resident, spoke regarding continuing trash pickup for three and four unit apartments. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2011 PAGE NO. 7 MEMORIALS — NONE CELEBRATION — In celebration of the birth of Lillian Grace Dull, born January 26, 2011 at 2:00 a.m., Ellen weighing r d 8 lbs. 7 ,Jill and Doug Dull of El Segundo. The proud grandparents are and the proud parents, Jill g Carl and Nancy Jacobson. CLOSED SESSION — NONE ADJOURNMENT at 8:56 pm. Cathy Donn, Deputy City Clerk MINUTES OF THE REGULAR CITY FEBRUARYEE MEETING PAGE NO. 8