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2006 APR 18 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 18, 2006 - 5:00 P.M. 5:00 P.M. SESSION CANCELLED - NO ITEMS OF BUSINESS (REGULAR MEETING TO BE ADJOURNED TO 7:00 P.M.) 0 1 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 18, 2006 - 7:00 P.M. Next Resolution # 4462 Next Ordinance # 1394 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Alexei Smith of St Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Councllmember Carl Jacobson PRESENTATIONS — None 0 2 ROLL CALL 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 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 Warrants Numbers 2552700 to 2552950 on Register No. 13 in the total amount of $1,223,454.53 and Wire Transfers from 3/24/2006 through 4/6/2006 in the total amount of $870,511.38. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 2. City Council Meeting Minutes of April 4, 2006. Recommendation — Approval CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 0 3 G. REPORTS —CITY MANAGER— NONE H. REPORTS —CITY ATTORNEY— NONE REPORTS — CITY CLERK — ITEMS TO BE TAKEN LATER IN THE MEETING J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — REPORTS — CITY CLERK 3. Consideration and possible action regarding administering the Oath of Office for two Council Members as appointed by Resolution 4452, at a Special City Council Meeting on January 25, 2006. Recommendation (1) City Clerk administers Oath of Office; (2) Council comments, (3) Alternatively, discuss and take other action related to this item 4. Consideration and possible action regarding election of Mayor and Mayor Pro Tom by seated Council. Recommendation (1) By motion, elect Mayor, (2) By motion, elect Mayor Pro Tem, (3) Council comments, (4) Alternatively, discuss and take other action related to this item 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 4 0 4 ADJOURNMENT - RECEPTION IMMEDIATELY FOLLOWING FOR OUTGOING AND INCOMING COUNCIL POSTED DATE TIME NAME 4�1 0 5 0 2 O� OW 2m U W Q wr W � µµ r OH r Up 3 a 0 aK LL O W r a O 4 a h 8 rvgam mr�g n n�i5n v`Vi �vqry e+ p N w0 LL F p0 6 J Q lyl I. SNS F z Do 6 2 2 z O 2 Y r J 3U Z S W O O p °z �FQrZ JUm ar4� w zUzz Dm >>�p8p��FmKKp22o°UUw LLr �wgffwmBE�z�" ooF���ww��? an4 im iza p��a ¢�ww LL siawt�pw�r�oz�rz LLiMDw��xz?>Fww� wLLrOrilanpwwa�<4wCpEwUnJ��22 w O> O a p66 U r VI Cal gyp�(( (91- NQQU46 Q22.� U¢U�LL �30.- t 6 c- -_--.- -- _-mm_ °nv °gi 9i 9i mm °Om �Q °rQ °r w f J a Oa w= 0 Y W x U O 0 4� 6 N N H 0 U � 2 i U I s d ➢ � $ � Q W � S & V, i gm2 M Sa aE� 1 LLU o .5 Z F O S LL C Q nt S D O 0 6 1 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 3/24/2006 THROUGH 4/6/2006 Date Amount Description 3/29/2006 CalPERS 262,616 49 PERS Retirement 3/29/2006 Health Comp 4,651 94 Weekly claims 3/24 3/29/2006 Lane Donovan Golf Partners 18,463 17 Lakes payroll transfer 3/3012006 Federal Reserve 42500 Employee EE Bonds 4/5/2006 Health Comp 2,08564 Weekly claims 3/31 4/6/2006 CalPERS 324,775 27 PERS Health 4/6/2006 IRS 192,932 40 Federal Taxes 4/6/2006 Employment Development 38,279 33 State Taxes 3/24- 4/6/06 Workers Comp Activity 26,282 14 SCRMA checks issued 870,511 38 DATE OF RATIFICATION: 4/20/06 TOTAL PAYMENTS BY WIRE: 870,511.38 Certified as to the accuracy of the wire transfers by Depu Treas er Date �rll�o6 Director of is tive Service Date 1 City7ati r Date Infor n o n actual expenditures is available in the City reasurer's Office of the City of El Segundo 0 7 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 4, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Council Member Jacobson at -5:03 p.m. ROLL CALL Mayor McDowell - Present — arrived at 5. 04 p m Mayor Pro Tern Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the LAX RSI Program and Fransen relating to 916 Sheldon Street CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) 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 v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -4- potential cases (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- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS -0- matter Council recessed at 6.55 p m 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 1 M REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 4, 2006 - 7.00 P M. 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Chaplain Captain Bradley Kimble of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Councilmember Jim Boulgarides PRESENTATIONS — a Presentation by Tina Pascoe of Mothers Against Drunk Driving (MADD) of the Century and Deuce Awards to recipients El Segundo Police Officer Mike Mitchell and El Segundo Police Officers Aaron Corkins, Christian Cameron and Aaron Plugge, respectively, to publicly recognize the number of DUI arrests they made in El Segundo and the South Bay during 2005 b Mayor McDowell presented a proclamation recognizing El Segundo Police Officer Allison Graham as a recipient of the Sustained Supenonty Award at the 2006 Medal of Valor Luncheon, and proclaiming Wednesday, April 26, 2006 as Medal of Valor Day in El Segundo to show support for law enforcement and fire protection agencies and to commemorate the heroism and self - sacrifice of past and present recipients of these prestigious awards C Council Member Boulgarides present a Proclamation recognizing the month of April 2006 as Sexual Assault Awareness Month and Wednesday, April 19, 2006 as Denim Day in El Segundo ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgarides - Present Council Member Busch - 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 - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 2 0 9 A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT B. SPECIAL ORDERS OF BUSINESS 1 Consideration and possible action to conduct a Public Hearing regarding an appeal of the Planning Commission's decision to uphold the Planning and Building Safety Director's determination to deny the application to use a car -lift to meet the requirements of El Segundo Municipal Code ( "ESMC ") § 15 -15 -3 for the number of on -site parking spaces and ESMC § 15 -15 -5 for the parking stall sizes and aisle widths (Fiscal Impact None) City Attorney Mark Hensley announced that Applicant, Marc Kelly, requested the continuance of the Appeal until the Council Sub - Committee on R -I has made it's determination regarding the use of car lifts MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to table this appeal for up to 180 days and to notify applicant that an appeal may not be necessary as this is to be considered by the R -1 Subcommittee and then reconsidered by the Planning Commission and City Council MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT C UNFINISHED BUSINESS 2 Consideration and possible action regarding an extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport (Fiscal Impact $48,000) Jeff Stewart, City Manager, gave a report MOTION by Council Member Busch, SECONDED by Council Member Boulgandes to authorize the Mayor to execute Consultant Agreement No. 3586 with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport (Fiscal Impact $48,000) MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MAYOR PRO TEM GAINES ABSENT D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 3 1110 3 Approved Warrant Numbers 2552476 to 2552699 on Register No 12 in the total amount of $2,148,792 19 and Wire Transfers from 3/9/2006 through 3/23/2006 in the total amount of $1,545,225 41 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 4 Approved City Council Meeting Minutes of March 21, 2006 and Special City Council Meeting Minutes of March 23, 2006. 5 Approved Professional Services Agreement No 3587 authorizing Kupchin Training Associates to provide customer service training for City employees (Fiscal Impact $22,400) Authorized the City Manager to execute the agreement in a form approved by the City Attorney 6 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 7 Adopted Ordinance No 1393 amending the 2001 California Building Code requiring new residential units to be in compliance with the requirements of the City's Residential Sound Insulation program (Fiscal Impact- None) 8, Approved and accepted a $7,450,000 Letter Agreement No. 3588 from the City of Los Angeles, Department of Airports (LAWA) to be used for the Residential Sound Insulation (RSI) Program (Fiscal Impact $7,450,000 revenue) Authorized the Mayor to execute Approved appropriation and estimated revenue for $7,450 000 9 Authorized the purchase of a new utility air compressor for the Street Maintenance Division from Johnson Power Systems at a cost of $13,561 and approval to retire and surplus one used utility air compressor (Fiscal Impact $13,561) Authorized staff to surplus and sell one used utility air compressor at auction 10 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 11 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH MOTION by Council Member Busch, SECONDED by Council Member Boulgaddes to approve Consent Agenda Items 3, 4, 5, 7, 8, and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA 6 Consideration and possible action regarding approval of a Professional Services Agreement with Stacia Mancini to provide interim project management services (Fiscal Impact Not to exceed $25,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 4 U11 MOVED by Council Member Busch, SECONDED by Council Member Jacobson to approve Professional Services Agreement No 3589 with Stacia Mancini to provide Interim project management services (Fiscal Impact Not to exceed $25,000) Authorized the City Manager to execute the agreement in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT Mayor McDowell left the dais due to a potential conflict regarding the location of his residence 10 Consideration and possible action regarding adoption of plans and specifications for the 2005 -2006 Annual Contract for Curb and Sidewalk Repair and authorization to solicit construction bids — Project No PW 06 -05 (Estimated Cost $90,000) MOTION by Council Member Boulgandes, SECONDED by Council Member Busch to approve plans and specifications for the 2005 -2006 Annual Contract for Curb and Sidewalk Repair and authorization to solicit construction bids — Project No PW 06 -05 (Estimated Cost- $90,000) Authorized staff to advertise the project for receipt of construction bids MOTION PASSED BY UNANIMOUS VOICE VOTE 3/0/1 AYES COUNCIL MEMBER BOULGARIDES, BUSCH AND JACOBSON. NOES NONE, NOT PARTICIPATING MAYOR MCDOWELL, ABSENT. MAYOR PRO TEM GAINES Mayor McDowell returned to the dais. 11 Consideration and possible action awarding the annual 4th of July fireworks show of 2006 to Fireworks America (Fiscal Impact $20,000) MOTION by Council Member Busch, SECONDED BY Council Member Boulgandes to approve Contract No 3590 for Fireworks America to provide fireworks show at the annual 4ti' of July fireworks show of 2006 (Fiscal Impact $20,000) Authorized the City Manager to execute the contract In a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT F NEW BUSINESS 12 Consideration and possible action regarding the request of the Los Angeles Air Force Lt General Hamel, to waive fees for City services associated with a ceremonial troop march on El Segundo Boulevard, in celebration of the move of the military personnel from Area A to Area B at the Los Angeles Air Force Base (Fiscal Impact $600) Jeff Stewart, City Manager, gave a report MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes, to waive fees for City Services associated with a ceremonial troop march on El Segundo Boulevard, in celebration of the move of the military personnel from Area A to Area B at the Los Angeles Air Force Base MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 5 012 G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK Announced the administering of the oath of office to the newly appointed Council Members on April 18, 2006 at 7 00 P.M Following a brief meeting a Reception will be held to acknowledge the incoming and outgoing Council Members REPORTS — CITY TREASURER Announced his attendance at the Municipal Treasurers Association and the Government Investments Officers Association K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Congratulated Stacia Mancini on her pending retirement and thanked her on behalf of the City Council Member Busch — Commented on the South Bay Council of Governments report on the energy conservation committee programs and El Segundo's participation He requested that staff research locations for Assisted Living homes within the City Council Member Jacobson — Reported on water conversation programs and his trip to view the reservoir Mayor McDowell — Announced a celebration for newly appointed Planning Commissioner Mike Rotolo's appointment to President of TG Construction Announced that Assemblyman Ted Lieu's Mobile Office at Farmers Market this Thursday from 3 00 p m -6 00 p m 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 pnor 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 Jack Kenton, resident, spoke regarding RV issues in Torrance and suggested the City investigate RV parking in El Segundo He also asked that the bike path entrance be check frequently for mud and sand that has washed down MEMORIALS — Charles Jones, father of employee Steve Jones and Marco Firebaugh, candidate for the State Senate in the 30th District and former Assemblyman MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 6 013 ADJOURNMENT at 7 50 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE NO 7 :)14 3. Consideration and possible action regarding administering the Oath of Office for two Council Members as appointed by Resolution 4452, at a Special City Council Meeting on January 25 2006. Recommendation (1) City Clerk administers Oath of Office, (2) Council comments, (3) Alternatively, discuss and take other action related to this item w 015 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE Apnl 18, 2006 AGENDA HEADING- Reports —City Clerk Consideration and possible action regarding election of Mayor and Mayor Pro Tern by seated Council COUNCIL ACTION: 1) By motion, elect Mayor 2) By motion, elect Mayor Pro Tern BACKGROUND & DISCUSSION: Before cancellation at the Special Meeting of January 25, 2006, the General Municipal Election was to be held April 11, 2006 Pursuant to Government Code §36801, the City Council shall meet on the Tuesday after the general municipal election and choose one of its number as Mayor, and one of its number and Mayor Pro Tern The Clerk will ask for nominations from the Council for Mayor, and after election by the members of the Council, the Mayor will ask for nominations for Mayor Pro Tern ATTACHED SUPPORTING DOCUMENTS Resolution No 4452 approving the appointments to office FISCAL IMPACT: NONE Operating Budget Amount Requested, Account Number: Project Phase: ORIGINATED tm - 9-so Clerk DATE. rt, City Manager y -n -o6 S] () 16 RESOLUTION NO. 4452 A RESOLUTION OF THE CITY OF EL SEGUNDO PROVIDING FOR THE APPOINTMENT TO THE OFFICE(S) OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, APRIL 11, 2006. BE IT RESOLVED by the Council of the city of El Segundo as follows SECTION 1 Pursuant to Elections Code § 10229 as of the close of the extended nomination period for City Council on January 18, 2006, there are not more candidates than offices to be elected and that Elections Code § 10229 allows one of the following courses of action to be taken by the City Council A Appoint to the office the person who was nominated B Appoint to the office any eligible voter if no one has been nominated C Hold the election if either no one or only one person was nominated SECTION 2 A Notice of Election was published on December 1 and 8, 2005, in a newspaper of general circulation, pursuant to law SECTION 3 Pursuant to Elections Code § 10229 the following action is being taken The following persons are being appointed to the offices to which they were nominated NAME OFFICE TERM Kelly McDowell Member of the City Council 2006 -2010 Bill Fisher Member of the City Council 2006 -2010 SECTION 4 The persons appointed will qualify and take office and serve exactly as if elected at a municipal election for the office SECTION 5 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting (I l i SECTION 6 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 25TH day of January, 2006 ATTEST '0�;L �. APPR( MARK M ('_IR