2009 NOV 03 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 3, 2009 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER- Mayor ProTem Busch at 6:00 p.m.
ROLL CALL
Mayor McDowell
- Present arrived at 6:02 P.M.
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:
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to items on the agenda and that the Government Code §54956.9(b)
item pertained to potential litigation regarding the Regional Water Quality Control Board.
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
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
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- matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE NO. 1
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 2-
matter
Property: City owned property (APN Nos. 4138 - 014 -914 and 4138 - 014 -901)
located on the south side of Hughes Way (near it terminus).
City Negotiators: City Manager, Assistant City Manager and City Attorney.
Negotiating Parties: Rosecrans - Sepulveda Partners 2, LLC, and PES Partners,
LLC.
Under Negotiation: Price and Terms.
2 Property: property owned by Rosecrans - Sepulveda Partners 2, LLC, and PES
Partners, LLC (APN Nos. 4138 - 015 -007 and 4138 - 015 -008) located near the
northeast corner of Sepvuleda and Rosecrans Boulevards (and more specifically
to the west of the intersection of Nash Street and Park Place).
City Negotiators: City Manager, Assistant City Manager and City Attorney.
Negotiating Parties: Rosecrans - Sepulveda Partners 2, LLC, and PES Partners,
LLC.
Under Negotiation: Price and Terms.
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
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NOVEMBER 3, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 3, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Father Robert Victoria, St. Anthony's Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS
a. Council Member Brann presented a Proclamation to City Treasurer Ralph
Lanphere and Susan Gaines, wife of former Mayor Pro Tern Gaines,
encouraging citizens to observe Veteran's Day on November 11, 2009.
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.
Liz Garnholz, Resident; spoke regarding item numbers 4, 7, and 9 on the consent
agenda and requested clarification.
Jack Kenton, Resident; spoke regarding RV vehicles parked on residential streets.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
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NOVEMBER 3, 2009
PAGE NO. 3
MOTION by Council Member Jacobson, ND e on lyC MOTION PASSED BY
read
on the Agenda b
all ordinances and resolutions 9 Y
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action regarding a public hearing related to the
Proposition 218 majority protest process relative to proposed increases to the
City's water rates for FY 2009 -2010 through FY 2014 -2015 and introduction of an
ordinance setting the new water rate if it is determined that no majority protest
exists. (Potential Fiscal Impact = Approximately $3,640,000 loss in water revenue
in FY 2009 -2010)
Mayor McDowell requested that anyone wishing to return a protest ballot, please do so
now with the City Clerk.
Mayor McDowell stated this is the time and place hereto fixed for a public hearing
related to the Proposition 218 majority protest process relative to proposed increases to
the City's water rates for FY 2009 -2010 through FY 2014 -2015 and introduction of an
ordinance setting the new water rate if it is determined that no majority protest exists.
(Potential Fiscal Impact = Approximately $3,640,000 loss in water revenue in FY 2009-
2010) Clerk Mortesen stated that proper notice was completed and no written
communications had been received by City Clerk's Office.
Dana Greenwood, Public Works Director, gave a report.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to close
the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Cindy Mortesen, City Clerk, stated that the number of protests received by the City
Clerk's office was 1547, and the number received this evening during the public hearing
was one. The number was substantially less than one -half the number of parcels served
with respect to the fee being proposed. Therefore there is an absence of a majority
protest.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4627
A RESOLUTION DECLARING THE RESULTS OF THE PROCEEDINGS
FOR ADOPTING WATER CHARGES IN ACCORDANCE WITH ARTICLE
XIIID OF THE CALIFORNIA CONSTITUTION.
MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to adopt
Resolution No. 4627 declaring the results of the proceedings for adopting water charges
in accordance with Article XIIID of the California Constitution. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
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NOVEMBER 3, 2009
PAGE NO. 4
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1435
AND
AN ORDINANCE PURSUANT O HEALTH SAFETY RATES
CHARGES P CODE § 5471 AND
EL SEGUNDO MUNICIPAL CODE § 11 -1 -5.
Mayor Pro Tern Busch introduced the ordinance.
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 2574039 to 2574254 on Register No. 2 in the total
amount of $2,422,812.94 and Wire Transfers from 10/09/09 through 10/22/09 in
the total amount of $1,946,631.81. Authorized staff to release. Ratifed: 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 October 20, 2009.
4. Waived second reading and adopted Ordinance No. 1433 adding a new Chapter
10 -5 to the El Segundo Municipal Code ( "ESMC ") regulating water conservation
methods. (Fiscal Impact: None)
5. Adopted Plans and Specifications for the replacement of sanitary sewer mains at
various locations within the Smoky Hollow Specific Plan area of the City of El
Segundo. Project No.: PW 09 -09 (Fiscal Impact: $1,500,000) Authorized staff to
advertise the project for receipt of construction bids.
6. Adopted Resolution No. 4628 to schedule a public hearing for December 1, 2009
to consider partially vacating a sanitary sewer easement located at 900 N.
Sepulveda Boulevard and accept a replacement sanitary sewer easement from
the Boeing Company. (Fiscal Impact: None)
7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
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PAGE NO. 5
8. Awarded purchase order to Motorola for the purchase of radio equipment in the
amount of $27,860.66 and second amendment to the Maintenance Agreement
No. 3995 with Advanced Electronics in the amount of $33,294.44 for new Fire
Station No. 2 (2261 E. Mariposa Avenue). (Fiscal Impact: $61,155.10)
Authorized the City Manager to execute all necessary documents in a form as
approved by the City Attorney.
9. Adopted the resolutions updating the employer's contribution under the Public
Employees' Medical and Hospital Care Act for the El Segundo Fire Fighters'
Association, Resolution No. 4629, the El Segundo Police Officers' Association,
Resolution No. 4630, the El Segundo City Employees' Association, Resolution
No. 4631, the El Segundo Police Support Services Association, Resolution
No.4632, and the El Segundo Supervisory and Professional Employees'
Association, Resolution No. 4633. (Fiscal Impact: Included in adopted budget)
10. PULLED FOR DISCUSSION BY MAYOR MCDOWELL
11. PULLED FOR DISCUSSION BY CITY MANAGER WAYT
12. Authorized the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion in the County Recorder's Office and authorized the City
Manager to accept completion of work for 21 homes related to the City's
Residential Sound Insulation Program's Group 30 (Project No. RSI 08 -22). (Final
Contract Amount: $619,760.34, less liquidated damages as authorized by the
City Manager)
13. Awarded a contract extension to Wyle Laboratories, Inc. for Construction
Monitoring and Oversight Services related to the Residential Sound Insulation
(RSI) Program. (Fiscal Impact: $64,572) Authorized the City Manager to execute
extension in a form approved by the City Attorney.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve
Consent Agenda items 2, 3, 4, 5, 6, 8, 9, 12, and 13. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
CALL ITEMS FROM CONSENT AGENDA
7. Consideration and possible action regarding a lease agreement between the City
of El Segundo and Los Angeles SMSA Limited Partnership, d /b /a Verizon
Wireless, by AirTouch Cellular allowing the construction and operation of
wireless communications equipment at the City water tower located at 400
Lomita Street. (Fiscal Impact: 19,800.00 revenue to the General Fund)
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NOVEMBER 3, 2009
PAGE NO. 6
MOTION by Council Member Brann, SECONDED by Council Member Jacobson, to
Authorize the City Manager to execute a Memorandum of Lease and Lease Agreement
No. 4017 between the City of El Segundo and Los Angeles SMSA Limited Partnership,
d /b /a Verizon Wireless, by AirTouch Cellular allowing the construction and operation of
wireless communications equipment at the City water tower located at 400 Lomita
Street. MOTION PASSED BY UANANIMOUS VOICE VOTE. 5/0
10. Consideration and possible action regarding the dedication of the flagpole at Fire
Station #2 in honor of El Segundo's late Councilmember John Gaines. (Fiscal
Impact: $500)
MOTION by Mayor McDowell, SECONDED by Council Member Fisher to approve the
dedication of the flagpole at Fire Station #2 in honor of El Segundo's late
Councilmember John Gaines. MOTION PASSED BY UANANIMOUS VOICE VOTE 5/0
11. Consideration and possible action regarding awarding a contract to S &L
Specialty Contracting, Inc. for construction related to Group 38 (26 homes) of the
City's Residential Sound Insulation Program (Project No. RSI 09 -19). (Estimated
construction costs and retention: $782,980)
James O'Neil stated that it has come to the attention of the City that this bid has been
determined non - responsive. He request Council to reject the bid from S &L and waive
the irregularities and award the bid to Big West Construction in the amount of $725,699.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to
reject the bid from S &L as non - responsive and waive the irregularities and award the
bid to Big West Construction in the amount of $725,699 and authorize the City Manager
to execute Contract No. 4018.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY, thanked his wife for 25 years of marriage.
REPORTS — CITY CLERK — NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — NONE
Council Member Fisher — Congratulated staff on a successful Halloween Frolic.
Council Member Jacobson —
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PAGE NO. 7
14. Consideration and possible action regarding adoption of an Ordinance amending
El Segundo Municipal Code § 1 -4 -4 to allow City Council meetings scheduled for
the same date as any regular or special election as defined by Election Code §
318 to be held on election day. (Fiscal Impact: None)
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1434
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION
1 -4 -4 RELATING TO CITY COUNCIL MEETINGS.
MOTION by Council Member Jacobson, SECONDED by Mayor McDowell to adopt
Ordinance No. 1434 amending El Segundo Municipal Code Section 1 -4 -4 relating to
City Council meetings. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES:
MCDOWELL, JACOBSON, FISHER, AND BRANN. NOES: BUSCH. 4/1
Mayor Pro Tern Busch — NONE
Mayor McDowell — Thanked Jane Harman for her attendance at the Halloween Frolic.
He also spoke regarding the budget for 2010 -11 and the work that was being done
already, and stated that it will be especially difficult this year and next due to declining
revenues.
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.
Mike Robbins, Resident; spoke regarding the State budget.
Jack Kenton, Resident; spoke regarding the traffic circulation plan.
Liz Garnholz, Resident; spoke regarding traffic, the Council agenda packet, and
budgeting.
Mayor McDowell requested a report on the signalization on Douglas Street be made to
Council at a future meeting.
Mayor Pro Tern Busch requested the cancellation of the H1 N1 clinic be agendized for
the next meeting.
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NOVEMBER 3, 2009
PAGE NO. 8
MEMORIALS — NONE
CLOSED SESSION — NONE
ADJOURNMENT at 8:12 p.m.
Cindy M esen, City Clerk
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