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2009 FEB 17 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2009 - 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 and that the Government Code§54956.9(b) item was a potential threat of litigation relating to medical plan payments regarding the Firefighters Association, Police Officers Association and the Police Management Association. 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 g54956.9(a) - -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 1 Significant exposure to litigation pursuant to Government Code§54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code§54956.9(c): -1- 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 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Father Alexei Smith, St. Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS 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. Victoria Tam, Tree Muskateers Youth Director, spoke on upcoming Arbor Day. 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 Mayor Pro Tem Busch 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) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 3 Consideration and possible action to introduce and waive first reading of a Floodplain Management Ordinance for the City of El Segundo. (Fiscal Impact: None) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the introduction and first reading by title only of a Floodplain Management Ordinance for the City of El Segundo. Clerk Domann stated that proper notice was completed and no written communication had been received by City Clerk's Office. Greg Carpenter, Planning and Building Safety Director, gave a report. MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1427 AN ORDINANCE ADOPTING THE MODEL FLOODPLAIN MANAGEMENT ORDINANCE FOR SPECIAL FLOOD HAZARDS WITHIN THE CITY IN ORDER TO MAINTAIN ELIGIBILITY WITHIN THE NATIONAL FLOOD INSURANCE PROGRAM (ENVIRONMENTAL ASSESSMENT NO. 812). Mayor Pro Tern Busch introduced the ordinance. Second reading and adoption of Ordinance is scheduled for March 3, 2009. C. UNFINISHED BUSINESS 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 2570051 to 2570257 on Register No. 9 in the total amount of $1,070,997.49 and Wire Transfers from 01/24/09 to 02/05/09 in the total amount of $1,742,523.63. 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 3, 2009, MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 4 4. Adopted Resolution No. 4591 authorizing the City Manager to bid and award contracts for equipment and vehicles funded in the FY 2008 -2009 Equipment Replacement Fund and approval to retire and surplus identified equipment and vehicles. (Fiscal Impact: $700,200). Authorized staff to surplus and sell equipment and vehicles identified in Exhibit "A ". 5. PULLED FOR DISCUSSION BY MAYOR MCDOWELL. 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON. 7. Adopted Resolution No. 4592 authorizing the City's membership in the Los Angeles Regional Interoperable Communications System (LA -RICS) Joint Powers Agreement No. (Fiscal Impact: None at this time). Authorized the Mayor to execute the JPA Agreement No. 3910. Directed staff to report back on the status of LA -RICS before the adoption of the funding plan with a recommendation on whether to continue the City's membership in the JPA at that time. 8. Adopted and waived second reading of Ordinance No. 1426 amending El Segundo Municipal Code ( "ESMC ") section 8 -5E -5 amending the parking time limits within the Parking Structure located at 121 West Grand Avenue. (Fiscal Impact: None) 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON. MOTION by Council Member Brann, SECONDED by Council Member Jacobson to approve Consent Agenda Items 2, 3, 4, 7 and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action to receive and file the Fiscal Year 2008 -2009 First Quarter Financial Review. (Fiscal Impact: None) Deborah Cullen, Finance Director, gave a report. Council consensus to receive and file the report. 6. Consideration and possible action to approve a request from Mattel, Inc. to maintain two, five hundred four (504) square -foot wall signs on a rotating basis on the south side of the parking structure located at 333 Continental Boulevard. Applicant: Mattel, Inc. (Fiscal Impact: None) The possibility of limiting the approval to a two -year period was discussed. Council consensus to hold item over until the next Council meeting on March 3, 2009. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 5 9. Consideration and possible action to adopt a resolution required by a four -fifths vote to authorize a no -bid public works contract for the emergency repair of a 24- inch diameter storm drain at Vista Del Mar. (Fiscal Impact: $69,000) Authorize the City Manager to award a contract to Sequel Contractors for the bid amount of $60,000 to remove and replace a 24" corrugated metal storm drain line and damaged asphalt. Approve a project budget of $69,000 which includes a 15% contingency. Council Member Jacobson requested revising the wording of the Resolution to read "storm water pipeline." MOTION by Council Member Jacobson, SECONDED by Mayor McDowell to approve Resolution No. 4593, as revised, to authorize a no -bid public works contract for the emergency repair of a 24 -inch diameter storm drain at Vista Del Mar. Authorize the City Manager to award Contract No. 3908 to Sequel Contractors for the bid amount of $60,000 to remove and replace a 24" corrugated metal storm drain line and damaged asphalt. Approved a project budget of $69,000 which includes a 15% contingency. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 10. Consideration of whether to deny a request to amend Development Agreement No. 00 -2 (the "DA "), adopted March 20, 2001 between the City of El Segundo and W9 /SEP Real Estate Limited Partnership affecting the property located at the southeast corner of Sepulveda Boulevard and Walnut Avenue, commonly known as 888 North Sepulveda Boulevard, 892 North Sepulveda Boulevard, and 898 North Sepulveda Boulevard (collectively, the "Site "). Applicant: Trammell Crow Company. (Fiscal Impact: None) Mark Hensley, City Attorney, gave a report. Greg Carpenter, Planning and Building Safety Manager, gave a report. David Drake, Trammell Crow Company, gave a presentation. Council consensus not to deny the request and direct that the applicant may submit a full application, including, without limitation, environmental documentation to comply with the requirements of the California Environmental Quality Act ( "CEQA "), a Development Agreement Amendment, and a Conditional Use Permit and approve amendment to Development Agreement No. 00 -2 which allows construction of a six (6)- story, 120,610 square foot building. 11. Consideration and possible action regarding acceptance of a $2,800,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 6 Greg Carpenter, Planning and Building Safety Manager, gave a report. MOTION by Council Member Brann, SECONDED by Council Member Jacobson to accept a grant from the Federal Aviation Administration (FAA) in the amount of $2,800,000 and authorize the Mayor to execute the FAA Grant Agreement No. 3909. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Noted that the State still had not adopted a budget. Spoke on the recent "Kids Need Heros" luncheon benefiting the Westchester YMCA. Council Member Fisher — Reminded the public of the upcoming Arbor Day event on Saturday, March 7, 2009. Council Member Jacobson — NONE Mayor Pro Tern Busch — Spoke regarding his upcoming trip to Guaymas, Mexico and Little League Opening Day February 28, 2009. Mayor McDowell — Reported that on Saturday and Sunday, February 21 and 22, 2009 from 8:30 a.m. to 1 p.m. at the South Bay Galleria, Southern California Edison would be holding a lamp exchange where hold lamps could be exchanged for new energy efficient lamps. 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. Ron Swanson, resident, congratulated Council and Staff on the great work being done by the City. MEMORIALS — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 7 CLOSED SESSION — NONE ADJOURNMENT at 7:56 p.m. Cathy Dom o*, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2009 PAGE NO. 8