2009 JULY 21 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 21, 2009 — 6:00 P.M.
6:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 6:00 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:
1. Appointment of Real Property Negotiators for City —Owned Property (2161 El
Segundo Boulevard).
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to appoint
Jack Wayt, City Manager, and Bill Crowe, Assistant City Manager, as Real Property
Negotiators regarding the potential sale or lease of City -owned property (2161 El
Segundo Boulevard) to PFK Enterprises, Inc. for use as a point of sale for petroleum
products, including on -site sale of petroleum products. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
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) -0- matter
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JULY 21, 2009
PAGE NO. 1
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
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 1-
matter
Property: 2161 El Segundo Blvd., El Segundo
Agency Negotiator: Jack Wayt (City Manager), Bill Crowe, (Assistant City Manager)
Negotiating Party: PFK Enterprises, Inc.
Under Negotiation: Proposal to lease or purchase City -owned property
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 21, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor SeHee Han, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Council Member Fisher presented a Proclamation announcing July as Relay
for Life month.
b. Presentation from the Muscular Dystrophy Association to the El Segundo Fire
Department for their participation in the "Fill the Boot" event.
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.
Megan Berry and Suzanne Gutterman, Muscular Dystrophy Association, made a
presentation to Fire Chief Kevin Smith for the Fire Departments participation in the "Fill
the Boot" event.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
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JULY 21, 2009
PAGE NO. 3
MOTION by Council Member Brann, SECONDED by Council Member Jacobson 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
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
Consideration and possible action to receive and file the Annual Report of the
Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation
will be made by CIPAC Chairman Crista Binder. (Fiscal Impact: None)
Crista Binder, CIPAC Chairman, gave a presentation.
Council consensus to receive and file the Annual Report of CIPAC.
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 2572230 to 2572558 on Register No. 18 in the total
amount of $1,634,577.59 and Wire Transfers from 06/05/2009 through
06/25/2009 in the total amount of $2,351,018.74 and Warrant Numbers 2572559
to 2572790 on Register No. 19 in the total amount of $846,056.60 and Wire
Transfers from 06/25/2009 through 07/09/2009 in the total amount of
$1,067,702.81. 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 June 16, 2009 and Special
City Council Meeting Minutes of July 8, 2009.
4. Authorized the City Manager to issue a letter of concurrence to the South Bay
Regional Public Communication Authority to modify a radio frequency co-
licensed with one assigned to the City. (Fiscal Impact: None.)
5. Approved an upgrade of the Millennium hardware and software system of
existing Agreement #2235 supplied by Innovative Interfaces, Inc., in a form
approved by the City Attorney, for the operational functions of cataloging,
circulation of materials, and public access to the El Segundo City Library's online
catalog. (Fiscal Impact: $29,443) Authorized the City Manager to execute the
contract, in a form approved by the City Attorney.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2009
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6. Awarded standard Public Works Contract No. 3962 to the lowest responsible
bidder, Vido Samarzich, Inc., for the replacement of a water main on Lairport
Street. Project No. PW 09 -04 (Fiscal Impact: $192,870). Authorized the City
Manager to execute the contract in a form approved by the City Attorney.
7. Awarded standard Public Works Contract No. 3963 to Belaire -West Landscape,
Inc. for the installation of an irrigation system and decomposed granite path at
Washington Park located on Washington Street between Palm and Maple
Avenues — Project No. PW 09 -06 (Fiscal Impact: $49,000) Authorized the City
Manager to execute the contract in a form approved by the City Attorney.
8. Awarded standard Public Works Contract No. 3964 to Vido Samarzich, Inc. for
the fabrication and installation of the light pole banners on Sepulveda Boulevard.
— Project No. PW 09 -05. (Fiscal Impact: $48,290) Authorized the City Manager
to execute the contract in a form approved by the City Manager.
9. Adopted plans and specifications for the 2008 -2009 annual contract for curb,
gutter, handicap ramps, sidewalk and other minor improvements at various
locations citywide. Approved Capital Improvement Program. Project No.: PW 09-
08, CDBG Project No. 601209 -09 (Fiscal Impact: $260,000 - $150,000 CDBG
funds, $110,000 Gas Tax funds) Authorized staff to advertise the project for
receipt of construction bids.
10. Adopted plans and specifications for the slurry sealing of the streets in the area
bounded by Sheldon Street, Mariposa and Imperial Avenues and Sepulveda
Boulevard. Project No.: PW 09 -10 (Fiscal Impact: $225,000) Authorized staff to
advertise the project for receipt of construction bids.
11. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
12. Received and filed report without objecting to a new 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 321 Main Street, EA No.
835 and AUP No. 09 -03. Applicant: George Andrews (Fiscal Impact: N /A)
13. Authorized staff to negotiate pricing with The Jones Payne Group for Design and
Testing Services related to the Residential Sound Insulation (RSI) Program.
(Fiscal impact: None)
14. Adopted Ordinance No. 1430 approving Development Agreement No. 09 -01
(Third Amendment to Development Agreement No. 03 -01 with Rosecrans-
Sepulveda Partners 2, LLC and PES Partners, LLC for EA 631) for the Plaza El
Segundo project located at 710 -850 South Sepulveda Boulevard, 700 -740 Allied
Way, and 2005 -2015 East Park Place. Such action would allow the following
uses: 1) Fast food restaurants south of the current locations of the Union Pacific
Railroad or the Burlington Northern Santa Fe Railroad lines (southwest portion of
the site); 2) banks and similar institutions up to a total of 10,000 square feet of
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE NO. 5
floor area; 3) day spas up to a total of 10,000 square feet of floor area; 4) health
clubs and fitness centers up to a total of 10,000 square feet of floor area; 5)
indoor sale of motorcycles, motor scooters and the sale of related parts and
accessories only as an ancillary use; and 6) dance and music instruction studios
up to 6,000 square feet of floor area. (Fiscal Impact: None)
15. Authorized the City Manager to purchase two new alternative fuel (hybrid)
vehicles at a cost not to exceed $63,000 for use by the Planning and Building
Safety Department. (Fiscal Impact: $63,000. Air Pollution Reduction Fund )
16. Approved Amendment No. 1 to the City Manager's Contract No 3846A for
purposes of increasing his salary and benefits. (Potential fiscal impact
approximately $30,000 plus a potential additional $12,000 depending on whether
the City Manager participates in the City's Deferred Compensation Plan.)
16A Ratified the El Segundo Chamber of Commerce re- nomination and re- appointed
Elyse Beardsley to Seat #18 of the South Bay Workforce Investment Board
(SBWIB). (Fiscal Impact: None) and directed the City Clerk to forward a certified
copy of the Council's action to the SBWIB.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve
Consent Agenda Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 16A. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
11. Consideration and possible action regarding a new Alcoholic Beverage Control
(ABC) license for on -site sale and off -site consumption of alcohol (Type 21 - Off -
Sale General) at an existing market located at 601 Virginia Street (Village Wine
and Cigar Shop), EA No. 832 and AUP No. 09 -02. Applicant: Abdo Diab Barakat
(Fiscal Impact: N /A)
Council Member Jacobson requested Council protest this application due to the
proximity to Richmond Street School.
MOTION by Mayor McDowell, SECONDED by Council Member Fisher to request the
City Manager to report in 6 months on any adverse activity in the neighborhood of the
Market. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MCDOWELL,
BUSCH, FISHER. NOES: JACOBSON, BRANN. 3/2
F. NEW BUSINESS
17. Consideration and possible action regarding 1) Introduction of an Ordinance and
Adoption of a Resolution of Intention to approve an Amendment to the contract
between the Board of Administration of the California Public Employees'
Retirement System (CaIPERS) and the El Segundo City Council providing
Section 20903 (Two Years Additional Service Credit) for the City's Local
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE NO. 6
Miscellaneous (Non- Safety) Members, with the exception of Department
Directors, Assistant City Manager and City Manager and 2) Approval of a $5,000
payment to eligible employees entering into a Date - Certain Retirement
Separation Agreement with the City. (Fiscal Impact: 1) Estimated increase in the
City's PERS miscellaneous employer rate of 0.327% and an annual cost increase
in FY 2011 -2012 of $50,235; 2) Salary savings based on the number of
employees retiring during the designated retirement period, less the $5,000
payment for entering into a Date - Certain Retirement Separation Agreement.)
Bob Hyland, Human Resources Director, gave a report.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1431
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
Mayor McDowell introduced the ordinance.
MOTION by Council Member McDowell, SECONDED by Council Member Brann to
adopt Resolution of Intention No. 4606 to approve an amendment to contract between
the Board of Administration California Public Employees' Retirement System and the
City of El Segundo; Approve a $5,000 payment to eligible employees entering into a
Date - Certain Retirement Separation Agreement with the City; Authorize the City
Manager to execute the Retirement Separation Agreement, in a form approved by the
City Attorney. MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES:
MCDOWELL, BUSCH, FISHER, BRANN. NOES; NONE. ABSTAIN: JACOBSON 4/0/1
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Requested staff repair a report on how the proposed State
Budget might impact the City.
Council Member Fisher — None
Council Member Jacobson — None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE NO. 7
Mayor Pro Tern Busch — Spoke regarding Relay for Life; July 4t" celebration;
Mayor McDowell —Spoke regarding the Califo idbudget He also stated City it time
have been taken by the State in t he balancing of their
for a Constitutional Convention.
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, will does
on any item not on the agenda. The Council
Communications is closed.
MEMORIALS — Dick Peterson, and Marvin Johnson
CLOSED SESSION — NONE
ADJOURNMENT — 7:45 p.m.
d&UN �cs` QL-1-
Cindy morWsen, City Clerk
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