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2013 Mar 05 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, March 5, 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 5:00 PM ROLL CALL Mayor Jacobson - Present Mayor Pro Tem Fuentes - Present Council Member Fisher - Present Council Member Atkinson - Present Council Member Fellhauer - 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. Mayor Jacobson announced that Council would be meeting in closed session pursuant of the items listed on the agenda. SPECIAL ORDER OF BUSINESS; 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- matter, MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 1 Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter. 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): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Recessed at 6:50 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, March 5, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 7:02 PM INVOCATION — Scott Lambert, Associate Minister, Hilltop Church of Christ PLEDGE OF ALLEGIANCE — Council Member Fisher PRESENTATIONS a) Proclamation presented by Council Member Marie Fellhauer regarding Earth Hour; Saturday, March 23, 2013 from 8:30 PM — 9:30 PM. b) Proclamation presented by Council Member Dave Atkinson regarding Arbor Day; Saturday, March 9, 2013. Samantha Cano, Youth Director of Tree Musketeers received the Proclamation. ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - Present Council Member Atkinson - Present Council Member Fellhauer - 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. Walter Rosenkranz from cars2go spoke on behalf the company. Thanked the council for considering the proposal from cars2go. Wally Siembab, Special Projects Manager for the SBCCOG spoke on behalf of cars2go, A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 3 MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher 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 Consideration and possible action to amend El Segundo Municipal Code ( "ESMC ") Title 8 ( "Vehicles and Traffic "), Chapter 5, to exempt Council approved carsharing programs from specified parking time limits and approve a resolution and agreement, subject to approval by the City Attorney's office, that provides for 91car2go" to operate a carsharing program in the City and receive parking permits pursuant to the proposed amendment to ESMC Title 8 if adopted by the Council. (Fiscal Impact: None) Mark Hensley, City Attorney, gave a report. Council discussion. Walter Rosenkranz from cars2go answered Council's questions. Wally Siembab of the SBCOG answered Council's questions. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1478 AN ORDINANCE ADDING A NEW ARTICLE F TO CHAPTER8-5 OF THE EL SEGUNDO MUNICIPAL CODE TO REGULATE CAR SHARING PROGRAMS, Mayor Pro Tern Fuentes introduced Ordinance. No.1478. Bring back to Council for second reading on April 2, 2013. Resolution and Ordinance will be brought back to the April 2, 2013 Council Meeting, 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 4 2. Approved Warrant Numbers 2591342 to 2591563 on Register No. 10 in the total amount of $1,160,161.59 and Wire Transfers from 1/31/13 through 2/14/13 in the total amount of $3,103,741.57. 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. 3. Approved Regular City Council Meeting Minutes of February 19, 2013, 4. Second reading by title only and adopted Ordinance No. 1477 regarding Employment Exclusions from Civil Service and authorized Staff to initiate recruitment efforts for the Residential Sound Insulation Design Coordinator. (Fiscal Impact: N /A) 5. Authorized the First Amendment to Agreement No. 4347 to modify insurance requirements from $10,000,000.00 to $5,000,000.00 in a form approved by the City Attorney with El Segundo Unified School District of Los Angeles County (Fiscal Impact: None) 6. Authorized the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office and authorized the City Manager, or designee, to close out Project No. RSI 12 -03 (the City's Residential Sound Insulation Program's Group 44) (Fiscal Impact: Final Contract Amount: $1,491,640.87) 7. Authorized the City Manager to execute standard Public Works Contract No. 4397 in a form approved by the City Attorney with O'Duffy Bros., Inc, in the amount of $94,935.00 for the construction of Mariposa Avenue Storm Drain System Project. (Fiscal Impact: $120,000.00) 8. PULLED FOR DISCUSSION BY MAYOR JACOBSON MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to approve Consent Agenda items 1, 2, 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEM 8. Consideration and possible action to 1) approve donation of materials and labor from Henry Doby to improve and enhance the grounds and fixtures at Camp Eucalyptus for his Boy Scout Eagle Project; 2) adopt a resolution to approve the plans for the project; 3) authorize the City Manger to execute a contract with Henry Doby's parent or guardian in a form approved by the City Attorney. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 5 MOTION by Mayor Jacobson, SECONDED by Mayor Pro Tern Fuentes to accept donation of materials and labor from Henry Doby, adopt Resolution No. 4812 approving plans to enhance the grounds and fixtures at Camp Eucalyptus for this Boy Scout Eagle Project and authorize the City Manager to execute Contract No. 4398 with Henry Doby's parent or guardian in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 NEW BUSINESS 9. Consideration and possible action to adopt a resolution establishing insurance requirements for City contracts and delegating authority for insurance determination to the City Manager, or designee. (Fiscal Impact: None) Deborah Cullen, Finance Director, gave a report. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Atkinson to adopt Resolution No. 4813 establishing insurance requirements for City contracts and delegating authority for insurance determinations to the City Manager, or designee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY MANAGER — Thanked the Finance department and the City Attorney for their work on the insurance Matirx. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer —Arbor Day is Saturday, March 9, 2013. Council Member Atkinson —Attended ribbon cutting for Life Style Cafe on Main Street.. Council Member Fisher — Attended the Downtown meeting and encouraged the members to let the Council know what is needed for the downtown businesses. Mayor Pro Tern Fuentes — Attended the SBCCOG and attended Opening Day for Little League. Mentioned the Challenger team is part of Little League. Mayor Jacobson — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 6 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. NONE MEMORIALS — NONE Returned to Close Session at 7:59 PM. ADJOURNMENT at 8:40 PM Thy W , er, Qft y Cle��" MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 7