2008 DEC 16 CC MIN�ar
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 16, 2008 - 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- 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:
None
City Attorney Mark Hensley stated that Council would be meeting in closed session
pursuant to items identified on the agenda.
CLOSED SESSION:
The City Council may move 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- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
Coleman v. City of El Segundo, LASC Case No. YCO57685
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -1- matter.
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DECEMBER 16, 2008
PAGE NO. 1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 1- matter
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Public Employee Performance Evaluation:
Title: City Attorney
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 3-
matters
City Negotiators: City Manager Jack Wayt; Human Resources Director Bob Hyland;
Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (1) El
Segundo Police Officers' Association; (2) El Segundo Firefighter's Association; (3) the
El Segundo Police Management Association.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 2
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 16, 2008 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Mark Stepp, Oceanside Christian Fellowship
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Mayor Pro Tem Busch presented a Commendation for the 2008 Mighty Mights:
Jason Anderson
Dillan Bernard
Mark Binder
Samuel Blake
Alexander Boutselis
Billy Brasher
Johnny Byrne
Jack Conrad
Harrison Dulgarian
Jordan Fischer
Michael Graner
Andrew Gutierrez
Tyler Hall
Justin Ivester
Brandon LaBrie
Gabriel Madrigal
Marte Mapu
Nikolas O'Keefe
Jake Palmer
Zechariah Prince
Caleb Pruett
Matthew Romo
Jacob Sarnia
CJ Shevlin
Jackson Stone
Colin Woicik
Alee Zeman
b. Mayor McDowell presented a Commendation on behalf of the sponsors,
supporters and volunteers of the El Segundo Community Christmas Dinner to be
held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- 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
DECEMBER 16, 2008
PAGE NO. 3
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Denise Desconally, South Bay Workforce Investment Board, spoke regarding the recent
South Bay Workforce Investment Board meeting.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, 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)
Consideration and possible action (Public Hearing) regarding the proposed
projects and budget for the 2009 -2010 Community Development Block Grant
(CDBG) Program Year. Estimated CDBG budget allocation for Program Year
2009 -2010 is approximately $86,933. (Fiscal Impact: $86,933)
Mayor McDowell stated this is the time and place hereto fixed for a public hearing
regarding the proposed projects and budget for the 2009 -2010 Community
Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation
for Program Year 2009 -2010 is approximately $86,933. Clerk Domann stated that
proper notice was completed and no written communication had been received by City
i�4. Clerk's Office.
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Tina Gall, CDBG Consultant, gave a presentation.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Pro Tern Bsuch, SECONDED by Council Member Jacobson to
adopt the new 2009 -2010 CDBG projects and budget and authorize the City Manager to
execute the contracts, as to form approved by the City Attorney, with the Los Angeles
County Community Development Commission, and with all sub - recipients receiving
CDBG funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action to appoint a representative for the City of El
Segundo to the Board of Trustees of the Los Angeles County West Vector &
Vector -Borne Control District. (Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 4
MOTION by Council Member Brann to reappoint Sandy Jacobs as representative for
the City of El Segundo to the Board of Trustees of the Los Angeles County West Vector
I%w & Vector -Borne Control District for a four year term. MOTION FAILES FOR LACK OF
SECOND.
MOTION by Mayor McDowell, SECONDED by Mayor Pro Tern Busch to appoint
Council Member Jacobson as representative for the City of El Segundo to the Board of
Trustees of the Los Angeles County West Vector & Vector -Borne Control District for a
four year term, and direct the City Clerk to send a letter to the District's Executive
Director confirming the appointment date and vote of the City Council. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO
TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON; NOES: COUNCIL
MEMBER BRANN. 4/1
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 2569090 to 2569338 on Register No. 5 in the total
amount of $1,167,004.70 and Wire Transfers from 11/21/2008 through
12/04/2008 in the total amount of $738,270.99. 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
%4. transfers.
4. Approved regular City Council Meeting Minutes of December 2, 2008.
09
5. Authorized the City Manager to execute a three year Professional Services
Agreement No. 3882, in a form approved by the City Attorney, with an option to
extend for two additional years, with Southern California Risk Management
Associates, Inc. (SCRMA) to serve as the third party administrator for the City's
self- insured Workers' Compensation Program for a period of three years, with an
option to extend for two additional years. (Fiscal Impact: $76,750 for first year of
contract)
6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
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DECEMBER 16, 2008
PAGE NO. 5
8. Authorized the recording of the Notices of Completion and authorized the City
1`, Manager to accept completion of work for 43 homes related to the City's
Residential Sound Insulation Program's Group 23 (Project No. RSI 07 -10) and
Group 28 (Project No. RSI 08 -06). (Final Contract Amounts: $763,276.26 and
$497,731.09) Authorized the City Clerk to file the City's Planning and Building
Safety Director's Notices of Completion in the County Recorder's Office.
Authorized the City Manager, or designee, to close out Project Nos. RSI 07 -10
and RSI 08 -06.
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9. Approved Contract Change Order No. 1 in conjunction with construction of
Stevenson Field Bleachers Project PW 08 -07. (Fiscal Impact: $9,200)
Authorized the Director of Public Works to execute Change Order Number 1 to
the existing standard Public Works Contract No. 3864 with FS Construction, Inc.
in the total amount of $9,200.00; transfer $9,200.00 from the Softball Wall Project
301 -400- 8202 -8996.
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
11. Authorized the City Manager to execute Professional Services Agreement No.
3883, in a form approved by the City Attorney, with Environmental Engineering
and Contracting Inc. for the Sewer System Management Plan. (Fiscal Impact:
$35,505)
12. Adopted Plans and Specifications to install an Enhanced Vapor Recovery (EVR)
system at the fueling station located at the City Maintenance Facility (150 Illinois
Street) for compliance with South Coast Air Quality Management District
(SCAQMD) Requirements. Project No.. PW 08 -16 (Fiscal Impact: $65,000)
Authorized staff to advertise the project for receipt of construction bids.
13. Awarded standard Public Works Contract No. 3884 to the lowest responsible
bidder, Fleming Environmental, Inc., for rehabilitation of Sycamore Park
Playground (southeast corner of Sycamore Avenue and California Street).
Approved Capital Improvement Project. Project No. PW 08 -12 (Fiscal Impact:
$116,708) Authorized the City Manager to execute in a form as approved by the
City Attorney.
14. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
15. Authorized the Mayor to execute Consultant Agreement No. 3885 with the MWW
Group for consultant services related to the City's efforts regarding Los Angeles
International Airport. (Fiscal Impact: $96,000)
15a. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
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DECEMBER 16, 2008
PAGE NO. 6
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to
approve Consent Agenda Items 3, 4, 5, 8, 9, 11, 12, 13 and 15. MOTION PASSED BY
�4w UNANIMOUS VOICE VOTE. 5/0.
CALL ITEMS FROM CONSENT AGENDA
6. Consideration and possible action regarding approval of a three year
Memorandum of Understanding (Labor Agreement) with the City of El Segundo
and the El Segundo Police Officers' Association. (Fiscal Impact: $808,997)
MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to approve a
three year Memorandum of Understanding (Labor Agreement No.3886) with the City of
El Segundo and the El Segundo Police Officers' Association. (Fiscal Impact: $808,997)
Adopted Resolution No. 4583 approving the Memorandum of Understanding. MOTION
PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR
PRO TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON; NOES:
COUNCIL MEMBER BRANN. 4/1
7. Consideration and possible action regarding approval of a three year
Memorandum of Understanding (Labor Agreement) with and the El Segundo
Police Managers' Association. (Fiscal Impact: $161,810 salary and benefit
increases; plus $68,881 to resolve salary compaction in the Police Department,
for a grand total of $230,691)
,44w 15a. Consideration and possible action regarding approval of a three year
Memorandum of Understanding (Labor Agreement) between the City of El
Segundo and the El Segundo Firefighters' Association. (Fiscal Impact:
$563,392)
MOTION by Mayor Pro Tern Busch, SECONDED Council Member Fisher to approve a
three year Memorandum of Understanding (Labor Agreement No. 3887) with and the El
Segundo Police Managers' Association. (Fiscal Impact: $161,810 salary and benefit
increases; plus $68,881 to resolve salary compaction in the Police Department, for a
grand total of $230,691.) Adopt Resolution No. 4584 approving the Memorandum of
Understanding. Approve a three year Memorandum of Understanding (Labor
Agreement No. 3888) with the El Segundo Firefighters' Association (Fiscal Impact
$563,392) Adopt Resolution No. 4585 approving the Memorandum of Understanding.
MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL,
MAYOR PRO TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON; NOES:
COUNCIL MEMBER BRANN. 4/1
10. Consideration and possible action authorizing the City Manager to execute
Professional Services Agreement, in a form approved by the City Attorney, with
Rossetti Associates, Inc. for the Swimming Pool Alternatives Study in El
Segundo. (Fiscal Impact: $41,500.00)
Council Member Brann requested an update on status of pools in the City.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 7
Dana Greenwood, Public Works Director, gave a report.
MOTION by Mayor Pro Tern Busch SECONDED by Council Member Fisher to authorize
the City Manager to execute Professional Services Agreement No-3889, in a form
approved by the City Attorney, with Rossetti Associates, Inc. for the Swimming Pool
Alternatives Study in El Segundo. (Fiscal Impact: $41,500.00) MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
14. Consideration and possible action regarding an amendment to the contract with
the Two Roads Professional Resources, Inc. to provide construction
management services for the construction of the new Fire Station No. 2, located
at 2261 East Mariposa Avenue. Authorized the City Manager to execute the
amendment, for an amount not to exceed. $150,000.
Dana Greenwood, Public Works, Director, responded to Council questions.
Jack Wayt, City Manager, gave a brief report.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to approve,
with direction to come back to Council at a later date with opportunities for putting solar
technology on the roof of the building, an amendment to Contract No. 3890 with the
Two Roads Professional Resources, Inc. to provide construction management services
for the construction of the new Fire Station No. 2, located at 2261 East Mariposa
�hw Avenue. Authorize the City Manager to execute the amendment, for an amount not to
exceed. $150,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER — Welcomed the City's new Human Resources
Manager Martha Dijkstra and the new Recreation and Parks Director Bob
Cummings.
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK — Announced that the next regular council meeting
was scheduled for January 20, 2009.
J. REPORTS — CITY TREASURER — Spoke regarding the Federal Reserve's drop
in interest rates.
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — None
Council Member Fisher — None
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 8
Council Member Jacobson —
�%w 16. Consideration and possible action to review the Traffic Committee decision
regarding the removal of stop signs on Hillcrest Street at Walnut Avenue. (Fiscal
Impact: $1,000)
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to
remove the north and south bound stop signs at the intersection of Walnut and Hillcrest.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Spoke regarding the recently adopted $40 Business License Processing Fee and
requested this fee be revisited.
Mayor Pro Tern Busch — Congratulated all involved in the recent Holiday Parade.
Mayor McDowell — Spoke regarding environmental issues and programs: "Cash for
Kitchens "; Free Community Shred Day, Saturday January 17th in parking lot behind City
Hall; "Plunge into Savings" a Metropolitan Water District conservation program.
17. Consideration and possible action regarding the annual request of Mr. S. Claus
for variances from the Municipal Code.
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to
approve the request by Mr. S. Claus for a waiver of the permits required for doing
err business within the City of El Segundo as follows:
1. Approval of a Conditional Use Permit and waiver of regulations in ESMC Section
15 -23 -4;
2. The use of air rights and waiver of the Santa Monica Radial 160 R procedure
(FAA should be contacted);
3. Grant a free business license for a non -profit organization (ESMC 4 -1 -7);
4. Waiver of ESMC 8-4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11
(Parking on Grades);
5. Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3);
6. Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -5 -11 dealing with
trespassing animals; and
7. Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1)
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance
over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare
to ensure his elves are receiving minimum wage; and the Air Quality Management
District to ensure a safe and clear sleigh ride.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 9
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit totals 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.
Gail Church, Tree Muskateers, requested that the City waive the new $40 Business
License Processing Fee for the Tree Muskateers.
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 7:55 p.m.
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Cathy mann, Deputy City Clerk
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 16, 2008
PAGE NO. 10