2009 DEC 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 1, 2009 — 5:00 P.M.
5:00 P.M. SESSION CANCELLED — NO ITEMS OF BUSINESS
(REGULAR MEETING TO BE ADJOURNED TO 7:00 P.M.)
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
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:
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) -0- matter
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): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
9
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
SPECIAL MATTERS: - 0- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 1, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Council Member Brann presented a Proclamation to announce Candy Cane
Lane, December 12, 2009 through December 23, 2009.
b. Council Member Jacobson presented a Commendation for Maurice O'Brien as
RSVP of the Year.
C. Mayor McDowell presented a Proclamation to announce December 13, 2009 as
the 46th Annual El Segundo Holiday Parade.
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.
Denise Dedesquali, Board Member for Work Investment Board (WIB), made a
presentation regarding WIB activities and programs, and the quarter summary.
Michael Mead, US TOW; addressed item number 13 on the Consent Agenda, spoke
regarding the award of the RFP for towing.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 2
Nancy Peters, Resident; introduced the new Relay for Life partner Amanda Manning,
and announced the planning the event for June 14, 2010.
Amanda Manning, American Cancer Society, spoke regarding the Relay for Life Event.
Jeremy Landcaster, Washington Plaza Homeowners Association; spoke regarding
parking permits for a limited area around his complex.
Liz Garnholtz, Resident; spoke regarding the discussion on consolidating the Fire
Department with the County of Los Angeles.
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 Brann 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 to waive the first reading and introduce a
Water Efficient Landscape Ordinance for the City of El Segundo. (Fiscal Impact:
None)
Greg Carpenter, Director of Planning and Building Safety, gave a presentation.
Toni Reina, Continental Development Corporation, spoke regarding their concerns with
the restrictions of the ordinance.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to close
the pubic hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1437
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 10 -2,
ENTITLED "WATER CONSERVATION IN LANDSCAPING," IN ITS ENTIRETY IN
ACCORDANCE WITH GOVERNMENT CODE § 65595(C).
Mayor McDowell introduced the ordinance.
Second reading and adoption scheduled for December 15, 2009.
C. UNFINISHED BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 3
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.
2. Approved Warrant Numbers 2574720 to 2574958 on Register No. 4 in the total
amount of $1,350,950.82 and Wire Transfers from 11/05/09 through 11/19/09 in
the total amount of $2,195,721.65. 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 November 17, 2009 and
Special City Council Meeting of November 12, 2009.
4. Authorized the City Manager to execute Standard Public Works Contract No.
4026 in the amount of $721,403, in a form approved by the City Attorney, to
Pacific Hydrotech Corporation for the Seismic Strengthening of the 3.1 Million
Gallon Water Reservoir located at 400 Lomita Street. Amend Contact No. 3742
with Tetra Tech, Inc. for additional services for materials testing and special
inspection services ($17,541) and add a 10% contingency and authorize the
Public Works Director to use this contingency in the event that change orders are
necessary — Project No. PW 09 -13 (Fiscal Impact: $738,944.00)
5. Approved the request from the Young Americans Workshop Committee to allow
banners to be hung over Main Street at no cost. (Fiscal Impact: $178)
6. Adopted Resolution No. 4635 approving the El Segundo Sewer System
Management Plan. (SSMP) (Fiscal Impact: None)
7. Received and filed report without objecting to modify an existing Alcoholic
Beverage Control (ABC) license for on -site sale and on -site consumption of
alcohol (Type 41 — On -Sale Beer and Wine) at an existing restaurant located at
720 Allied Way, Suite D, EA No. 851 and AUP No. 09 -09. Applicant: The
Veggie Grill (Fiscal Impact: N /A)
8. Approved the purchase of the Vermeer 1200LX brush chipper for the Parks
Maintenance Division. (Fiscal Impact: $33,824.15)
9. Authorized the City Manager to execute a renewal to the City's agreement with
TruGreen LandCare, in a form approved by the City Attorney, for landscape
maintenance services. (Fiscal Impact: $150,095)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 4
10. Approved the rental fee waver request for the amount of $3,850 from "El
Segundo Broadway in the Park" to host a week -long professional theater
performance in July 2010 at Recreation Parks' Softball Field.
11. Waived second reading and adopted Ordinance No. 1436 to amend Title 4,
Chapter 11 regulating motion picture, radio, and television production within the
City of El Segundo. (Fiscal Impact: None)
12. Authorized the City Manager to execute standard Public Works Contract No.
4027 to General Lighting and Electric, Inc., in the amount of $11,910 for the
installation of new lighting poles and conduits at Joslyn Center (339 Sheldon
Street). Project No.: PW 09 -14. (Fiscal Impact: 13,000.00)
13. PULLED FOR DISCUSSION BY MAYOR MCDOWELL.
14. Authorized the City Manager to execute standard Public Works Contract No.
4028, in the amount of $212,856.95, to the lowest responsible bidder, Silvia
Construction, Inc., for the rehabilitation of Mariposa Avenue from Sepulveda
Boulevard to Nash Street. Project No.: PW 09 -01, Federal Project No.: LAES681
(Fiscal Impact: $234,000.00)
15. Approved request from Big West Construction Corporation to substitute the door
supplier listed in their Bid related to Group 38 (26 homes) of the City's
Residential Sound Insulation Program. (Project No. RSI 09 -19)
16. Adopted Resolution No. 4634 opposing proposed Metropolitan Transportation
Authority plans to construct a rail transit operations and maintenance facility for
the Crenshaw Transit Corridor Project within the City of El Segundo. (Fiscal
Impact: None) Authorized the City Manager, or designee, to take appropriate
action to oppose the proposed project.
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to
approve Consent Agenda items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15 and 16. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0. Mayor Pro Tern Busch Not -
Participating on item number 11 due to a possible conflict of interest regarding his
employer.
CALL ITEMS FROM CONSENT AGENDA
13. Consideration and possible action on awarding RFP No. #09 -17 (Police Towing
and Storage Services) to Manhattan Beach Towing as the City's primary tow
contractor and authorize the City Council to execute a four -year agreement in a
form approved by the City Attorney with three one -year term extensions, for a
maximum total contract length of seven years. (Fiscal Impact: None.)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 5
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to
authorize the City Manager to execute a four -year Contract No. 4029, in a form
approved by the City Attorney, to Manhattan Beach Towing as the City's primary tow
contractor, RFP No. #09 -17 (Police Towing and Storage Services), with three one -year
term extensions, for a maximum total contract length of seven years. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
17. Consideration and possible action to request a survey from the Consolidated Fire
Protection District of Los Angeles County to determine the feasibility of the
Consolidated Fire Protection District of Los Angeles County (District) providing
fire protection and related services to the City of El Segundo (City). The survey is
intended to be used as a tool to educate the City Council and City staff on the
operational and financial impacts on the City if the City were to elect to contract
with the District for fire protection and related services instead of maintaining its
own municipal fire department. (Fiscal Impact: $18,000 Refunded from
Economic Uncertainty Fund, Fire Station #2 Designation)
Kevin Smith, Fire Chief, gave a report.
MOTION by Council Member Fisher, SECONDED by Council Member Brann to
authorize the City Manager to sign and forward a letter on behalf of the El Segundo City
Council to the County of Los Angeles Board of Supervisors requesting a proposal from
the Consolidated Fire Protection District of Los Angeles County to provide fire protection
and related services to the City of El Segundo. Authorized the City Manager to execute
Agreement No. 4030, in a form approved by the City Attorney, with the Consolidated
Fire Protection District, to prepare a report relating to Fire Protection, Paramedic, and
Incidental Services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
18. Consideration and possible action to (1) place an initiative on the ballot for the
previously called April 13, 2010 municipal election to amend the City's utility user
tax ( "UUT ") regulations (El Segundo Municipal Code ( "ESMC ") Chapter 3 -7) to
update the language in regulations with regard to maintaining the City's revenues
from the UUT tax based upon technological changes in communications
methods; and (2) place an initiative on the ballot for the previously called April 13,
2010 municipal election to amend the City's business license tax regulations to (i)
increase the tax amount annually based upon the ten -year average of
percentage increase in public safety costs incurred by cities in California (ESMC
Title 4), and (ii) reduce from a 50% credit to a 25% credit, over a three year
period, the amount that businesses can reduce their annual business license tax
based upon the annual sales /use tax they generate for the City. (Fiscal Impact:
Projected approximate 6% per year increase to the City's business license tax for
which the City collects an estimated $9,000,000 annually.)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 6
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to
adopt Resolution No. 4636 placing an initiative on the ballot amending utility user tax
regulations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to
adopt Resolution No. 4637 directing the City Attorney to prepare an impartial analysis
for Ballot Initiative M. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to
appointed Mayor McDowell to draft the argument and rebuttal argument in favor of the
UUT tax measure and all five Council Members to sign the argument. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt a
Resolution placing an initiative on the ballot amending business license tax regulations
using the Public Safety Index and directing Mayor Pro Tern Busch to draft the argument
and rebuttal arguments in favor of the tax measure. MOTION FAILED BY THE
FOLLOWING VOICE VOTE: AYES: BUSCH, BRANN, FISHER NOES: MCDOWELL
AND JACOBSON 3/2
19. Consideration and possible direction to Planning and Building Safety staff to
review and to prepare municipal code amendments to the existing off - street
parking and loading requirements in El Segundo Municipal Code (ESMC)
Chapter 15 -15. (Fiscal Impact: None)
Continued to December 15, 2009 meeting due to the length of the presentation.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
20. Consideration and possible action regarding Council consensus to cancel the
January 5, 2010 City Council Meeting. (Fiscal Impact: None)
MOTION by Mayor Pro Tern McDowell, SECONDED by Mayor Pro Tern Busch to
approve cancellation of the January 5, 2010 City Council Meeting. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding the signal at Mariposa and Douglas.
Council Member Fisher — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 7
Council Member Jacobson — NONE
Mayor Pro Tern Busch — Expressed his disappointment regarding Council's action on
the Business License Tax initiative actions.
Mayor McDowell — Spoke regarding his decision on the Business License Tax initative.
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.
Jack Kenton, resident; spoke regarding stop signs being blocked by trees and trucks.
MEMORIALS — NONE
CLOSED SESSION — NONE
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT AT 9:38 P.M.
Cindy Mort sen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2009
PAGE NO. 8