2009 MAY 20 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 20, 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:
Appointment of Jack Wayt (City Manager), Bob Hyland (Human Resources
Director) and Deborah Cullen (Finance Director) to represent the City as labor
negotiators of the Supervisory and Professional Employees' Bargaining Unit.
MOTION by Mayor McDowell, SECONDED by Council Member Brann to appoint Jack
Wayt (City Manager), Bob Hyland (Human Resources Director) and Deborah Cullen
(Finance Director) to represent the City as labor negotiators of the Supervisory and
Professional Employees' Bargaining Unit. 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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MAY 20, 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- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 1-
matters
Represented Group: Supervisory and Professional Employees' Bargaining Unit
City's Representatives: Jack Wayt (City Manager), Bob Hyland (Human Resources
Director) and Deborah Cullen (Finance Director)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
Council moved to open session at 5:30 p.m.
SPECIAL MATTERS: - 1- matter
Interview of candidates and potential appointments to the Recreation and Parks
Commission, Planning Commission, Senior Housing Board, Library Board of
Trustees and the Environmental Committee. [Note: the interviews will
commence at approximately 5:30 p.m. and take place in the West Conference
Room in City Hall]
Council consensus to appoint Debby Bundy and Joe Caravello to the Recreation and
Parks Commission to full terms to expire 5/30/13; Marie Fellhauer to the Planning
Commission to a full term to expire 6/30/13; and Carol Wingate and John Nisley to the
Sr. Citizens Housing Corp. to full terms to expire 6/30/13; and Daniel Barbee to the
Environmental Committee to a full term to expire 6/30/13.
No appointment to the Library Board of Trustees was made tonight.
RECESS: 6:40 P.M.
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MAY 20, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 20, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Scott Tannehill, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Mayor McDowell presented a Proclamation to Sue Carter, Woman of the Year.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS —
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
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)
Consideration and possible action (Public Hearing) regarding the introduction
and first reading of an Ordinance amending the Downtown Specific Plan
regarding temporary and permanent outdoor dining and retail uses, permit fee
parking, and establishing a payment program and procedures for making parking
in -lieu fee payments within the Downtown Specific Plan area (Fiscal Impact:
None)
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MAY 20, 2009
PAGE NO. 3
Council Member Jacobson will not be participating in this item due to his ownership of
property in the zone which may pose a potential conflict of interest; Mayor Pro Tern
Busch does not have a conflict because his wife's business is on a month to month
lease and FPPC has ruled there is no conflict.
Council Member Jacobson left the dais.
Mayor McDowell stated this is the time and place hereto fixed for a Public regarding the
introduction and first reading of an Ordinance amending the Downtown Specific Plan
regarding temporary and permanent outdoor dining and retail uses, permit fee parking,
and establishing a payment program and procedures for making parking in -lieu fee
payments within the Downtown Specific Plan area (Fiscal Impact: None). Clerk
Mortesen stated that proper notice was completed and no written communication had
been received by City Clerk's Office.
Mark Hensley, City Attorney, gave a report.
MOTION by Mayor Pro Tern Busch, 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. 1429
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING
TEMPORARY AND PERMANENT OUTDOOR USES, PERMIT FEE PARKING AND
ESTABLISHING PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS.
(SPECIFIC PLAN AMENDMENT NO. 09 -01 AND ZONE TEXT
AMENDMENT NO. 09 -01)
Mayor Pro Tern Busch introduced the ordinance.
Second reading and adoption is scheduled for June 2, 2009.
RESOLUTION NO. 4599
A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF
ENVIRONMENTAL ASSESSMENT NO. EA -834, SPECIFIC PLAN AMENDMENT NO.
09 -01, AND ZONE TEXT AMENDMENT NO. 09 -01 TO CREATE STANDARDS FOR
TEMPORARY AND PERMANENT OUTDOOR USES, INCLUDING RETAIL SALES
AND OUTDOOR DINING, TERMS FOR PERMIT FEE PARKING, AND ESTABLISH
PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS.
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MAY 20, 2009
PAGE NO. 4
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch, to adopt
Resolution No. 4599 establishing procedures for paying in -lieu fees in accordance with
the El Segundo Downtown Specific Plan. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0. COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A
POTENTIAL CONFLICT
NOTE: Resolution 4599 title was incorrectly read into the record and the Resolution
was re- adopted with the correct title at the June 2, 2009 City Council Meeting.
Council Member Jacobson returned to the dais.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action regarding the announcement of the
appointment of candidates of the Recreation and Parks Commission, Planning
Commission, Library Board of Trustees, Senior Citizen Housing Corporation
Board and Environmental Committee. (Fiscal Impact: None)
Mayor McDowell announced the appointment of Debby Bundy and Joe Caravello to the
Recreation and Parks Commission to full terms to expire 5/30/13; Marie Fellhauer to the
Planning Commission to a full term to expire 6/30/13 Carol Wingate and John Nisley to
the Sr. Citizens Housing Corp. to full terms to expire 6/30/13; and Daniel Barbee to the
Environmental Committee to a full term to expire 6/30/13.
No appointment was made to the Library Board of Trustees tonight.
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 2571532 to 2571784 on Register No. 15 in the total
amount of $956,912.99 and Wire Transfers from 04/24/09 through 05/07/09 in
the total amount of $1,262,957.89. 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 May 5, 2009.
5. Approved participating in the federal stimulus energy efficiency project grant
funding program sponsored by the South Bay Cities Council of Governments.
Authorized the City Manager to execute a Memorandum of Participation No.
3945 in a form approved by the City Attorney. (Fiscal Impact: None)
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MAY 20, 2009
PAGE NO. 5
6. Adopted Plans and Specifications for the construction of the Washington Park
Irrigation Improvements and transfer $29,961 in Transportation Development Act
(TDA) Grant Funds to this project — Project No. PW 08 -08. (Fiscal Impact:
$193,546) Authorized staff to advertise the project for receipt of construction
bids; Authorized the Transfer Transportation Development Act TDA Grant funds
in the amount of $29,961 from account 118 - 400 - 8203 -8604.
7. Accepted the project as complete for the installation of an Enhanced Vapor
Recovery (EVR) system at the fueling station located at the City Maintenance
Yard (150 Illinois Street) Project No.: PW 08 -16. (Fiscal Impact: $65,975)
Authorized the City Clerk to file a Notice of Completion in the County Recorder's
Office.
8. Adopted Resolution No. 4600 authorizing the City Manager and Police Chief to
apply for, accept and expend grant monies from the U.S. Department of Justice
on upgrades for existing online crime reporting system and police facility
surveillance video. (Fiscal Impact: $15,119 from Byrne JAG Funds)
9. PULLED BY THE CITY MANAGER
10. Rejected the Bid submitted by S &L Specialty Contracting, Inc.; Waived a minor
bid irregularity and awarded Contract No. 3941 to Professional Building
Contractors, Inc. for construction related to Group 31 (23 homes) of the City's
Residential Sound Insulation Program (RSI 09 -06). (Fiscal impact: $854,071)
Authorized the City Manager to execute the contract in a form approved by the
City Attorney.
11. Rejected the Bid submitted by S &L Specialty Contracting, Inc.; Awarded Contract
No. 3942 to Professional Building Contractors, Inc. for construction related to
Group 34 of the Residential Sound Insulation Program (RSI 09 -04) Authorized
the City Manager to execute the contract in a form approved by the City Attorney.
12. Rejected the Bid submitted by California Averland Construction, Inc.; Rejected
the Bid submitted by S &L Specialty Contracting, Inc.; Awarded Contract No.
3943 to Professional Building Contractors, Inc. for construction related to Group
35 of the Residential Sound Insulation Program (Project No. RSI 09 -04).
(Estimated construction costs and retention: $739,710); Authorized the City
Manager to execute the contract in a form approved by the City Attorney.
13. Approved Maintenance Agreement No. 3944 between the City of El Segundo
and Thomas Properties Group, Inc. for sanitary sewer, water and storm drain
facilities located between Mariposa Avenue, Nash Street, Atwood Way and
Douglas Street. (Fiscal Impact: None) Authorized the City Manager to execute
the Agreement.
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MAY 20, 2009
PAGE NO. 6
MOTION by Council Member Brann, SECONDED by Council Member Fisher to
approve Consent Agenda Items 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
14. Consideration and possible action regarding the presentation of fiscal year 2008-
2009 Midyear. Financial Review and approval of fiscal year 2009 -2010 Budget
Calendar. (Fiscal Impact: None)
Deborah Cullen, Finance Director, gave a report.
Council received and filed FY 2008 -2009 Midyear Financial staff report. Directed staff to
proceed with Fiscal Year 2009 -2010 Budget Calendar.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding his tours of the City Departments.
Condolences to the family of Ngyuen Vu, Daily Breeze Reporter covering the School
Districts in the area, on his sudden death.
Council Member Fisher — None
Council Member Jacobson — Announced the ESEF Car Show and CPR Saturday on
May 30, 2009.
Mayor Pro Tern Busch — Agendize for discussion the meeting scheduled for the
Environmental Committee. Mayor's State of the City address on May 27, 2009.
Mayor McDowell — Spoke regarding the economy.
PUBLIC COMMUNICATIONS — None
CLOSED SESSION — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 7
ADJOURNMENT at 8:04 p.m.
Cindy Mo esen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 8