2009 DEC 15 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 15, 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.)
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
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0-
matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE NO. 1
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matters
SPECIAL MATTERS: - 0- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 15, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Monica Moreland, Hilltop Community Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
PRESENTATIONS
a. Council Presented commendations to each of the members of the El Segundo
High School Varsity Water Polo CIF Championship Team.
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.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
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DECEMBER 15, 2009
PAGE NO. 3
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 regarding (Public Hearing) the proposed
exchange of FY 2010/11 Community Development Block Grant (CDBG) funds
totaling approximately $77,871 with another CDBG participating city within the
Los Angeles Urban County. (Fiscal Impact: $77,871)
Mayor McDowell stated this is the time and place hereto fixed for a public hearing
regarding the proposed exchange of FY 2010/11 Community Development Block Grant
(CDBG) funds totaling approximately $77,871 with another CDBG participating city
within the Los Angeles Urban County. (Fiscal Impact: $77,871) City Clerk Mortesen
stated that proper notice was completed and no written communication had been
received by City Clerk's Office.
Tina Gall, CDBG Consultant, gave a presentation.
MOTION by Council Member Jacobson, SECONDED by Brann to close the public
hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to
authorize staff to proceed with identifying an interested participating city to begin
negotiations for the exchange of FY 2010/11 Community Development Block Grant
(CDBG) funds totaling approximately $77,871 with another CDBG participating city
within the Los Angeles Urban County, establish an exchange rate, and return to the City
Council with a resolution authorizing the exchange of CDBG funds with another City,
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 regarding the positions on the Committees,
Commissions and Boards ( "CCBs ") that will expire in the year 2010. (Fiscal
Impact: None)
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to
direct staff to open the recruitment process for the positions on the CCBs, as listed.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
E. CONSENT AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE NO. 4
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 2574959 to 2575144 on Register No. 5 in the total
amount of $702,047.77 and Wire Transfers from 11/20/09 through 12/03/09 in
the total amount of $635,162.58. 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 Regular City Council Meeting Minutes of December 1, 2009.
5. Approved a Fire Department Mutual Apparatus and Equipment Loan Agreement
No. 4032 between the cities of El Segundo, Redondo Beach, Hermosa Beach,
and Manhattan Beach. (Fiscal Impact: None) Authorized the Mayor to sign the
Agreement.
6. Approved the 2 -year fee waiver request, for the total amount of $45,100, for
fifteen (15) City co- sponsored annual Special Events, in which the City provides
support services and /or facilities at no cost to the organizing group. (Fiscal
Impact: None)
7. Waived second reading and adopted Ordinance No. 1437, a Water Efficient
Landscape Ordinance for the City of El Segundo. (Fiscal Impact: None)
8. Accepted the work as complete on the installation of a storm drain and infiltration
structure on Maple Avenue near Nash Street — Project No. PW 09 -12. (Fiscal
Impact: $20,410.00) Authorized the City Clerk to file a Notice of Completion in
the County Recorder's Office.
9. Accepted the work as complete for 98 homes related to the City's Residential
Sound Insulation Program's Groups 32 (Project No. RSI 09 -09), 33 (RSI 09 -10),
34 (RSI 09 -04) and 35 (RSI 09 -08). (Final Contract Amounts: $2,654,213.83)
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 09 -09; RSI 09 -10, RSI 09-
04 and RSI 09 -08.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve
Consent Agenda items, 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE NO. 5
10. 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)
Greg Carpenter, Planning and Building Safety Director, gave a report.
Council consensus to receive staff presentation.
11. 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 business
license tax regulations to (i) increase the tax amount annually based upon the
ten -year average of the consumer price index and (ii) reduce from a 50% credit
to a 40% credit 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 $680,000 for FY 2010 -11 and approximate
$250,000 to $300,000 additional per year increase to the City's business license
tax in subsequent fiscal years for which the City collects an estimated $9,000,000
annually.)
Deborah Cullen, Finance Director, gave a report.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to adopt
Resolution No. 4638 placing an initiative on the ballot amending business license tax
regulations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Pro Tern Busch SECONDED by Council Member Brann to appoint
Mayor Pro Tem Busch to prepare and submit the Argument in favor of the measure and
authorize all 5 council members to sign the arguments in favor of the tax measure.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member McDowell SECONDED by Council Member Brann to
adopt Resolution No. 4639 directing the City Attorney to prepare an impartial analysis
for the ballot initiative. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - Reported on a New Law and Election Conference attended
December 2, 3 and 4th in Monterey.
REPORTS — CITY TREASURER - NONE
REPORTS — CITY COUNCIL MEMBERS
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DECEMBER 15, 2009
PAGE NO. 6
Council Member Brann — Congratulated Robin Funk on her election to President of the
Unified School District Board of Education. Wished everyone Merry Christmas and
Happy Holidays.
Council Member Fisher — Wished everyone Happy Holidays.
Council Member Jacobson — Commented on the wonderful Christmas Parade, and
wished everyone Happy Holidays.
Mayor Pro Tern Busch — Spoke regarding the design meeting for the lifeguard station at
Grand Ave, El Segundo Beach. Wished everyone Happy Holidays.
Mayor McDowell — Reported on the MTA proposal for the Rail maintenance yard on the
corner of Rosecrans and Sepulveda Blvd. and the exclusion of the El Segundo and
Westchester sites from consideration.
12 PULLED BY MAYOR MCDOWELL
Consideration and possible action to adopt a resolution urging the State
Legislature to repeal the designation of Serpentine - a source of asbestos - as
the State's Rock. (Fiscal Impact: None)
13. Consideration and possible action regarding the annual request of Mr. S. Claus
for variances from the Municipal Code.
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to
approve:
(1) 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 -11B (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; (7) Waiver of the ordinance on Animal Regulations
(ESMC 6 -2 -1).
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE NO. 7
Jim Boulgarides, Resident; spoke regarding the Life Guard restroom station at Grand
Ave, (El Segundo Beach). He also spoke regarding the study by Los Angeles County
regarding assuming the Fire Department services for El Segundo. He expressed hope
that these services would be kept local and not have the County take over our local
services.
MEMORIALS — Shirley Mathews, former City Employee.
CLOSED SESSION — NONE
ADJOURNMENT at 8:17 p.m.
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
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