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2011 JUL 19 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 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. 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) -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 Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 1 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 moved to open session at 6:10 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 2 SPECIAL ORDER OF BUSINESS: Interviews of Candidates for the Planning Commission, Library Board of Trustees, Environmental Committee, and the Capital Improvement Program Advisory Committee. Note Interviews will commence at approximately 6:00 p.m. and will take place in the West Conference Room. Council consensus to re- appoint Laura Verouden and Penny Armstrong to the Library Board of Trustees for full terms to expire 6/30/14; to re- appoint Jim Boulgardies and appoint Scott Nicol to the Environmental Committee to full terms to expire 6/50/15; re- appoint Dave Wagner to the Planning Commission for a full term to expire 6/30/15; and re- appoint Crista Binder to the Capital Improvement Program Advisory Committee for a full term to expire 10/30/14. Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 3 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 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) Council Member Fuentes presented a Proclamation to Jeff Cason proclaiming July 28, 2011 as Broadway in the Park Day and invite the community to partake in this joyous event. (b) Mayor Pro Tem Fisher announced a Presentation by Jackie Bacharach, representing the South Bay Cities Council of Governments and the South Bay Environmental Services Center recognizing the City for obtaining the "South Bay Energy Leader Program Achievement of Silver Status." (c) Presentation of a check by Ed Little of West Basin Municipal Water District to the El Segundo Kiwanis Club for their participation in this year's Free High- Efficiency Toilet Distribution Event. 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 JULY 19, 2011 PAGE NO. 4 Liz Garnholtz, Resident; spoke regarding lifeline water rates and the correspondence sent by the City. Melissa Alpers, President of the El Segundo Rotary Club, invited everyone to the "Movie in the Park ", on August 6, 2011. Linda Cohen, El Segundo Concert Band, invited everyone to the concert Saturday, July 23, 2011 at 7:00 p.m. in the El Segundo High School Quad. Mike Rotolo, El Segundo Chamber of Commerce; spoke regarding the El Segundo Beer and Wine Festival, and stated the Chamber is in full support of the event. Mike Robbins, Resident; spoke against the El Segundo Beer and Wine Festival and labor negotiations. 1. Consideration and possible action to approve or deny a request by Nickel Productions to allow a beer and wine festival to be located on the 300 block of Main Street and El Segundo City Hall Plaza on Saturday, October 8, 2011, which will serve as a charitable platform to raise funds and support for the El Segundo Education Foundation. John McCullough, Nickel Productions gave a brief presentation. Adam Aberman, Executive Director of the Education Foundation, supported the event and stated it will be an up -scale event. MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to approve in theory the request by Nickel Productions to allow a beer and wine festival to be located on the 300 block of Main Street and El Segundo City Hall Plaza on Saturday, October 8, 2011, which will serve as a charitable platform to raise funds and support for the El Segundo Education Foundation, and return to the City Council for final approval. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: BUSCH, FISHER; NOES: JACOBSON, FUENTES, AND BRANN. 2/3 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) C. UNFINISHED BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 5 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action regarding (1) the appointment of a member of the City Council to serve on the City's Disaster Council for a period of one year; (2) the appointment of a member of the City Council to the South Bay Cities Council of Governments; and (3) announce the appointments to the Planning Commission, Library Board of Trustees, Environmental Committee, and Capital Improvement Program Advisory Committee (CIPAC). (Fiscal Impact: None) Council consensus to appoint Mayor Pro Tern Fisher to serve as a member of the Disaster Council for a period of one year and appoint Council Member Don Brann to serve as a member of the South Bay Cities Council of Governments. Mayor Busch announced the re- appointment of Laura Verouden and Penny Armstrong to the Library Board of Trustees for full terms to expire 6/30/14; the re- appointment of Jim Boulgarides and appointment of Scott Nicol to the Environmental Committee to full terms to expire 6/50/15; the re- appointment of Dave Wagner to the Planning Commission for a full term to expire 6/30/15; and the re- appointment of Crista Bender to the Capital Improvement Program Advisory Committee for a full term to expire 10/30/14. 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. 3. Approved Warrant Numbers 2582834 to 2583178 on Register No. 18 in the total amount of $871,068.26 and Wire Transfers from 06/09/11 through 06/23/11 in the total amount of $1,937,402.73 and Warrant Numbers 2583179 to 258361 on Register No. 19 in the total amount of $343,820.56 and Wire Transfers from 06/24/11 through 07/0711 in the total amount of $8,538,148.97. Approved Warrant Demand Registers and 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. 4. Approved Regular City Council Meeting Minutes of June 21, 2011. 5. Accepted the work as complete for the Cleaning and Closed Circuit Television (CCTV) inspection of sewer lines citywide (Aviation Boulevard to Rosecrans Avenue to Imperial Highway) Project No.: PW 10 -02. (Fiscal Impact: $205,466.18) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 6. Awarded a standard Public Works Contract No. 4171 to Trueline for Recreation Park racquetball courts refurbishment (339 Sheldon Street). Project No. PW 11- 08. (Fiscal Impact: $28,700.00) Authorized the City Manager to execute the standard Public Works Contract in a form as approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 6 7. Approved License Agreement No. 4172 to award the lease of 953 acre feet of the City of El Segundo ground water rights to the City of Manhattan Beach. (Fiscal Impact: $101,018.00 Revenue to the Water Enterprise Funds) Authorized the City Manager to execute the water right license and agreement. 8. Authorized the City Manager to apply for and accept a non - matching grant of $30,000.00 in funding from the California Environmental Protection Agency (CaIEPA) to implement an electronic information collection and reporting system for hazardous materials pursuant to Assembly Bill 2286. The legislation requires the electronic collection of virtual chemical data through a California Environmental Reporting System (CERS) and provides grants to Certified Unified Program Agencies (CUPA) to manage data for emergency responders or exchanged through a public access website. There is no match requirement for the grant, however, the City's system must be operational by January 2013. (Fiscal Impact: $30,000.00) 9. Authorized the City Manager to execute Professional Service Agreement No. 4173 with the West Covina Service Group (WCSG) in the amount of $57,000.00 to allow continued access to El Segundo data located on their Records Management System (RMS) hardware through July 31, 2014. (Fiscal Impact: $57,000.00) 10. Received and filed a correction to the calculations for the amendment to the 5- year contract with Nationwide Environmental Services for Street Sweeping services performed citywide. (Fiscal Impact: $25,568.00) 11. PULLED FOR DISCUSSION BY MAYOR BUSCH 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to approve Consent Agenda Items 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 11. Approve Amendment No. 4 to extend the residential solid waste collection contract for a period of up to 6 months (while the City completes its current request for proposal services) between the City of El Segundo and Consolidated Disposal Services, LLC. (Fiscal Impact: $300,000.00) Authorized the City Manager to execute Amendment No. 4. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 7 MOTION by Mayor Busch, SECONDED by Council Member Jacobson to approve Amendment No. 4 to extend the residential solid waste collection contract for a period of up to 6 months (while the City completes its current request for proposal services) between the City of El Segundo and Consolidated Disposal Services, LLC. (Fiscal Impact: $300,000.00) Authorized the City Manager to execute Amendment No. 4. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 12. Approve a full time Administrative Specialist position in the Water Division of the Department of Public Works. (Fiscal Impact: $81,800.00) MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to approve a full -time Administrative Specialist position in the Water Division of the Department of Public Works. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, BRANN; NOES: JACOBSON AND FUENTES. 3/2 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Announced discussions currently taking place with the bargaining units. H. REPORTS — CITY ATTORNEY — None REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER — None K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Announced the success of the July 4th event; the Junior Drama Productions; and Independent Cities Conference. Council Member Brann — Announced Friends of the Library search for a new President and Vice - President and congratulated Margie Randall for her two decades of service on the Recreation and Parks Commission. Council Member Jacobson — None Mayor Pro Tern Fisher — Thanked the sponsors and Staff for the fine 4th of July event. Mayor Busch — Requested a brief report on the Beach facilities. Emae Construction Group filed for bankruptcy and is unable to complete the project. A new contractor is now being transitioned. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2011 PAGE NO. 8 13. Consideration and possible action to reconsider the Council's prior resolution regarding the redistricting of the Congressional territorial boundaries and potentially adopt a resolution revising and /or restating the Council's position on the boundaries. (Fiscal Impact: None) MOTION by Mayor Busch, SECONDED by Council MemberJacobson to adopt Resolution No. 4726 revising and /or restating the Council's position on the boundaries. A Council Member Fuentes to personally deliver the Resolution to the Re- districting body. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Mike Robbins, Resident; spoke against the Beer and Wine Festival. He also spoke on the negotiation policies. Liz Garnholz, Resident; spoke regarding the closure of the Downtown post office and made suggestions for locations where it could be located. Mark Hensley, City Attorney, announced that the law provides for closed session negotiations with labor groups and that final contracts get approved at an open meeting. If negotiations were done in open session is might jeopardize the ability to strategize. MEMORIALS — None CLOSED SESSION ADJOURNMENT at 9:06 p.m. Cirtd rtes n City Clerk MINUTES OF THE REGULAR CITY COUNCIL MERE ING , 2011 JULY PAGE NO. 9