2009 OCT 20 CC MINREVISED TO NEW START TIME OF 5:30 P.M AND ADDED
ITEMS TO CLOSED SESSION
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 20, 2009 — 5:30 P.M.
5:30 P.M. SESSION
CALL TO ORDER —Mayor McDowell at 5:30 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Absent
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:
Consideration and Possible action to appoint the City Manager, Assistant City
Manager and City Attorney as real property negotiators to negotiate price and
terms for City owned property (APN Nos. 4138- 014 -914 and 4138- 014 -901)
located on the south side of Hughes Way (near it terminus) and to negotiate price
and terms for property owned by Rosecrans - Sepulveda 4, LLC, and PES
Partners, LLC (APN Nos. 4138 - 015 -007 and 4138 - 015 -008) located near the
northeast corner of Sepulveda and Rosecrans Boulevards (and more specifically
to the northeast of the intersection of Nash Street and Park Place). Staff is
recommending that negotiations be undertaken for purposes of (i) better utilizing
the City owned property and potentially relocating the facilities located thereon to
the other property under negotiation and (ii) to promote the construction of the
Park Place extension to Sepulveda Boulevard as contemplated by the City's
Circulation Element.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to
appoint the City Manager, Assistant City Manager and City Attorney as real property
negotiators to negotiate price and terms for City owned property (APN Nos. 4138 -014-
914 and 4138 - 014 -901) located on the south side of Hughes Way (near it terminus) and
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 1
to negotiate price and terms for property owned by Rosecrans - Sepulveda 4, LLC, and
PES Partners, LLC (APN Nos. 4138- 015 -007 and 4138 - 015 -008) located near the
northeast corner of Sepulveda and Rosecrans Boulevards (and more specifically to the
northeast of the intersection of Nash Street and Park Place). Staff is recommending
that negotiations be undertaken for purposes of (i) better utilizing the City owned
property and potentially relocating the facilities located thereon to the other property
under negotiation and (ii) to promote the construction of the Park Place extension to
Sepulveda Boulevard as contemplated by the City's Circulation Element. MOTION
PASSED BYUNANIMOUS VOICE VOTE: 4/0. COUNCIL MEMBER BRANN ABSENT
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
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 its terminus).
City Negotiators: City Manager, Assistant City Manager and City Attorney.
Negotiating Parties: Rosecrans - Sepulveda 4, LLC, and PES Partners, LLC.
Under Negotiation: Price and Terms.
2. Property: property owned by Rosecrans - Sepulveda 4, LLC, and PES Partners,
LLC (APN Nos. 4138 - 015 -007 and 4138 - 015 -008) located near the northeast
corner of Sepulveda 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 4, LLC, and PES Partners, LLC.
Under Negotiation: Price and Terms.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 2
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 3
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 20, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Deputy City Clerk Domann
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
PRESENTATIONS
a. Council Member Fisher presented a Proclamation announcing Saturday, October
31, 2009 from 4:00 to 7:00 p.m. as the Halloween Frolic on Main Street El
Segundo presented to:
Tracey O' Shea (Teacher /Director)
Skye Bruce
Ava Caban
Conner Carter
Molly Clemenceau
Chloe Crabtree
Daisy Flynn
Natalie Hedding
Dylan Kelly
Riley McAndrews
Amanda Moreno
Ryan Pascarelli
A.J. Ruetz
Samantha Ruetz
b. Awarding of a certificate to the City as a Storm Ready City by the National
Weather Service.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Absent
Council Member Fisher
- Present
Council Member Jacobson
- Present
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 4
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.
Peggy Tyrrell, resident, spoke regarding the use of consultant contracts.
Liz Garnholz, spoke regarding Consent Agenda Item No. 7, rehabilitation of Main Street,
and asked for clarification. Also spoke regarding Agenda Item No. 10 and the use of
aquatics consultants.
Ron Swanson, resident and Member of the Aquatics Task Force, spoke regarding the
funding source for the Aquatics program and stated he was in favor of moving forward
with the Environmental Impact Report.
Barbara Briney, resident, spoke in favor of the proposed Aquatics study and moving
forward with the Environmental Impact Report.
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 Tern Busch to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 5
Approved Warrant Numbers 2574039 to 2574254 on Register No. 1 in the total
amount of $1,424,332.37 and Wire Transfers from 09/25/09 through 10/08/09 in
the total amount of $815,215.35. 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.
2. Approved Regular City Council Meeting Minutes of October 6, 2009.
3. Approved a standard Professional Services Agreement No. 4004 with Martin &
Chapman Co. for election support and services for the General Municipal
Election, April 13, 2010. (Fiscal Impact: $36,000) Authorized the City Manager
to execute the agreement.
4. Adopted Resolution No. 4623 calling for, Resolution No. 4644 requesting County
services, and Resolution No. 4645 adopting regulations for candidates
statements for the General Municipal Election, April 13, 2010. (Fiscal Impact:
None)
5. Accepted the work as complete regarding the Human Resources Remodel
Project at 350 Main Street — Project No. PW 08 -13. (Fiscal Impact: $62,834.79)
Authorized the City Clerk to file a Notice of Completion in the County Recorder's
Office.
6. Consideration and possible action regarding the award of Standard Public Works
Contract No. 4005 to Guerrero Backhoe Service, Inc. for 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 Manager to
execute the Contract in a form approved by the City Attorney.
7. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
8. Adopted Plans and Specifications for the installation of new lighting poles and
conduits at Joslyn Center (339 Sheldon Street).: Project No.: PW 09 -14 (Fiscal
Impact: $9,000) Authorized staff to advertise the project for receipt of
construction bids.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to
approve Consent Agenda items 1, 2, 3, 4, 5, 6, and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT
CALL ITEMS FROM CONSENT AGENDA
7. Consideration and possible action to award a Standard Public Works Contract to
the lowest responsible bidder, Hardy and Harper, Inc., for the rehabilitation of
Main Street from Mariposa Avenue to Imperial Highway. Project No. PW 09 -11
(Fiscal Impact: $210,100.00)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 6
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to award
Standard Public Works Contract No. 4006 to the lowest responsible bidder, Hardy and
Harper, Inc., for the rehabilitation of Main Street from Mariposa Avenue to Imperial
Highway. Project No. PW 09 -11 (Fiscal Impact: $210,100.00) Authorized the City
Manager to execute the Contract in a form as approved by the City Attorney with Hardy
and Harper, Inc., in the amount of $191,000.00. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT
F. NEW BUSINESS
9. Consideration and possible action regarding authorizing the City Manager to
submit a letter on behalf of the City of El Segundo to the Los Angeles County
Metropolitan Transit Authority /Metro to comment on the inadequacy of the
Crenshaw Corridor Transit Project Draft Environmental Impact Statement
( "EIS ") /Draft Environmental Impact Report ( "EIR "). (Fiscal Impact: Letter —None;
Transit Project Fiscal Impact - Unknown)
Greg Carpenter, Planning and Building Safety Manager, gave a report.
The Metro Environment Impact Report can be found on www.metro.net under projects
and studies.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to
authorize the City Manager to submit a letter regarding the inadequacy of the Crenshaw
Corridor Transit Project Draft EIS /Draft EIR. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT
10. Consideration and possible action regarding the approval of two Professional
Services Agreements with Rincon Consultants, Inc. and Kimley Horn Associates,
respectively, to provide environmental review services and related traffic
engineering services pursuant to the California Environmental Quality Act
Guidelines (CEQA) for the El Segundo Aquatics Site Feasibility Study. (Fiscal
Impact: up to $165,349 Special Revenue Fund - Aquatics Facility Fund)
Greg Carpenter, Planning and Building Safety Director, gave a report.
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to approve
a budget appropriation of up to $165,349 to provide environmental review services.
Authorize the City Manager to execute Professional Services Agreement No.4007 with
Rincon Consultants, Inc. for environmental review services, and Professional Services
Agreement No. 4008 with Kimley Horn Associates for traffic engineering services
approved as to form by the City Attorney in a combined total amount not to exceed
$165,349. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL
MEMBER BRANN ABSENT
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 7
11. Consideration and possible action regarding a Resolution approving the form of
and authorizing the execution and delivery of a purchase and sale agreement
and related documents with respect to the sale of the seller's Proposition 1A
receivable from the State; and directing and authorizing certain other actions in
connection therewith. (Fiscal Impact: $882,082)
Deborah Cullen, Finance Director, gave a report.
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to adopt
Resolution No. 4626 approving the form of and authorizing the execution and delivery of
a Purchase and Sale Agreement No. 4009 and related documents with respect to the
sale of the Seller's Proposition 1A receivable from the State; and directing and
authorizing certain other actions in connection therewith. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
I. REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher — Spoke regarding the recent tree plantings done by the Tree
Musketeers.
Council Member Jacobson — NONE
Mayor Pro Tern Busch — Spoke regarding the El Segundo Kiwanis Annual Mike Gordon
Golf Tournament.
Mayor McDowell — Announced the Community Shred Day on Saturday, October 24,
2009 from 7 a.m. to 11 a.m. in the parking lot located on Holly and Standard behind City
Hall.
12. Consideration and possible action to take an opposition position on the Los
Angeles County Metropolitan Transportation Authority's draft proposal for
assessment of a 3% local funding match upon cities through which a rail project
will transit. (Fiscal Impact: Undetermined)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 8
MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to take an
opposition position to the Los Angeles County Metropolitan Transportation Authority's
proposal for assessment of a 3% local funding match upon cities through which a rail
transit project will travel. Authorize the Mayor to sign a letter indicating the City's
opposition to Metro's proposed funding COUNCIL MEMBER BRANN ABSIONT PASSED
BY UNANIMOUS VOICE VOTE 4/0
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.
Liz Garnholz, resident, spoke regarding the Aquatics Environmental Impact Report and
location of proposed facility. Also spoke regarding the November 3rd deadline for
submitting the Water Rate Increase Protest Ballot.
Ron Swanson, spoke favorably about the filming at the El Segundo Middle School. Also
spoke regarding the proposed Aquatics study and proposed outdoor pools.
MEMORIALS — Chuck Bookahmmer
CLOSED SESSION — NONE
ADJOURNMENT at 8:15 p.m.
Cathy D ann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 20, 2009
PAGE NO. 9