2010 AUG 03 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 3, 2010 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present — arrived at 5:05 p.m.
Council Member Brann
- Present
Council Member Fuentes
- 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.
Mark Hensley, City Attorney, stated that Government Code §54956.9(b) items were
deleted from agenda before Council entered closed session.
SPECIAL ORDER OF BUSINESS:
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) -3- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
NSA Construction Group, Inc. vs. City of El Segundo, LASC Case No. BC438182
Catbird Plumbing & Construction, Inc. v. Gonzales Construction, Inc. LASC Case No.
BC440589.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 1
Significant exposure to litigation pursuant to Government Code §54956.9(b): -2-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't.
Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
Represented Group: Police Support Services Employees Association (PSSEA), City
Employees Association (CEA), Firefighters Association (FFA), Police Managers
Association (PMA), Police Officers Association (POA), Supervisory and Professional
Employees (S &P)
Negotiators: Jack Wayt and Bob Hyland
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -2-
matters
City Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Party: Wiseburn School District
Under Negotiation: Price and Terms (potential lease or sale)
City Property: APN #4155 - 614 -900 (Storm Water Detention Basin)
City Negotiators: City Manager
Negotiating Party: El Segundo Unified School District
Under Negotiation: Price and Terms (potential lease or sale)
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 3, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Pastor Scott Lambert, Hilltop Christian Church
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
a. Council Member Fuentes presented a Proclamation announcing August 7 and 8,
2010, St. Anthony School Golden Jubilee Week.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tem Fisher - Present
Council Member Brann - Present
Council Member Fuentes - 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.
George Hoops, Resident; spoke regarding local residents paying for trash service and
property tax.
Loretta Frye, Resident; spoke regarding the water rate increase. Also spoke to the
difficulty that seniors will have filing proof of income to qualify for the low income water
billing.
Pete Charland, Resident spoke in opposition to the County assuming control of the El
Segundo Fire Department.
Peggy Tyrell, Resident; spoke in opposition to the County assuming control of the El
Segundo Fire Department, and the circulation of a petition by the Firefighters
Association.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 3
Scott Houston, Resident; spoke in favor of placing a TOT and UUT increase on the
November ballot.
Jane Friedkin, Resident; spoke regarding council's lack of response to citizens and City
Hall's automated phone answering system.
Mark Renner, Resident; spoke in opposition to the County assuming control of the El
Segundo Fire Department and City salaries /retirements.
Liz Garnholtz, Resident; spoke in opposition to the County assuming control of the Fire
Department. She also spoke regarding the CalPers financial commitment and the
budget.
Toni Raynor, Continental Development; spoke regarding the Fire prevention process
and the possibility that the service may be diminished with the County.
Ron Swanson, Resident; spoke regarding the City budget and declining economy and
the proposed election regarding the tax increases. He feels the employees, residents
and businesses need to walk hand in hand to bridge the budget deficit.
Marsha Hanson, Executive Director of the Chamber of Commerce; addressed the
Chamber's concerns regarding the proposed UUT and TOT increases. The Chamber
urges Council to find new spending reductions.
Joe Hardy, Hacienda Hotel; spoke against the proposed TOT increase.
Lilly Craig, Chevron; spoke regarding the UUT proposal, and stated that slowly
increasing taxes on the business community was not the solution to the budget deficit.
Jim Hart, Northrup Grumun; spoke regarding the proposed tax increases on the
business community as the solution to the budget deficit.
Mike Robbins, Resident; spoke against raising any taxes, and employee compensation.
Gary Wallace; Resident; spoke against the Fire Department being taken over by the
County.
City Attorney Mark Hensley announced that based upon the fact that meetings with the
following labor unions did not produce the desired 5% cost savings, the City will initiate
layoff process for the following unions: Police Support Services Association, City
Employee Association, Police Officer's Association, and the Supervisory and
Professional Association.
A. PROCEDURAL MOTIONS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 4
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Brann, SECOND 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 approving Environmental Assessment EA No.
863 and Zone Text Amendment ZTA 10 -03 to amend the C -4 (Commercial
Center) Zone to allow: 1) medical and dental offices, not to exceed 5,000 square
feet as permitted uses, and 2) automobile sales and service centers, not to
exceed 70,000 square feet as a conditionally permitted use; and adopting
Development Agreement No. 10 -01 (Fourth 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 development project located
at 710 -860 South Sepulveda Boulevard, 700 -740 Allied Way, and 2003 -2015
East Park Place to allow the following uses: 1) a certified Farmer's Market to
operate one day per week; 2) Medical and Dental Offices, not to exceed a total of
5,000 square feet of floor area; and 3) an Automobile Sales and Service Center,
not to exceed 70,000 square feet; and to allow the entire Plaza El Segundo
Development (Phase 1) to be considered as a single parcel for the purpose of
meeting the El Segundo Municipal Code minimum parking requirements and to
eliminate the requirement for individual parcels to have parking covenants
recorded to transfer parking between parcels within the Phase 1 Development.
Applicant: PES Partners, LLC. (Fiscal Impact: None).
Mayor Busch stated that this was the time and place to conduct a public hearing
regarding the introduction and first reading of an Ordinance approving Environmental
Assessment EA No. 863 and Zone Text Amendment ZTA 10 -03 to amend the C -4
(Commercial Center) Zone to allow: 1) medical and dental offices, not to exceed 5,000
square feet as permitted uses, and 2) automobile sales and service centers, not to
exceed 70,000 square feet as a conditionally permitted use; and adopting Development
Agreement No. 10 -01 (Fourth 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 development project located at 710 -860 South Sepulveda Boulevard,
700 -740 Allied Way, and 2003 -2015 East Park Place to allow the following uses: 1) a
certified Farmer's Market to operate one day per week; 2) Medical and Dental Offices,
not to exceed a total of 5,000 square feet of floor area; and 3) an Automobile Sales and
Service Center, not to exceed 70,000 square feet; and to allow the entire Plaza El
Segundo Development (Phase 1) to be considered as a single parcel for the purpose of
meeting the El Segundo Municipal Code minimum parking requirements and to
eliminate the requirement for individual parcels to have parking covenants recorded to
transfer parking between parcels within the Phase 1 Development. Applicant: PES
Partners, LLC.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 5
Clerk Mortesen stated that proper notice had been given in a timely manner and that no
communications had been received in the City Clerk's Office.
Greg Carpenter, Planning and Building Safety Director, gave a report.
Dan Crofts stated he was available to respond to any questions.
Liz Garnholtz, Resident; spoke regarding parcel taxes.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1446
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03 -01
BETWEEN ROSECRANS - SEPULVEDA 2, LLC, AND ROSECRANS-
SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL
SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT, AND
AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") C -4 (COMMERCIAL
CENTER) ZONE REGULATIONS.
Council Member Brann introduced Ordinance No. 1446. Second reading and adoption
of the Ordinance scheduled for August 17, 2010.
2. Consideration and possible action to open a Public Hearing, consider testimony,
and adopt a Resolution finding that the City conforms with the annual Congestion
Management Program (CMP) and adopting the annual CMP Local Development
Report, in accordance with California Government Code § 65089. (Fiscal Impact:
None)
Mayor Busch stated that this was the time and place to conduct a public hearing
regarding testimony, and adopt a Resolution finding that the City conforms with the
annual Congestion Management Program (CMP) and adopting the annual CMP Local
Development Report, in accordance with California Government Code § 65089.
Clerk Mortesen stated that proper notice had been given in a timely manner and that no
communications had been received in the City Clerk's Office.
Greg Carpenter, Planning and Building Safety Director, gave a report.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 6
RESOLUTION NO. 4672
A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE 2004
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE
LOCAL DEVELOPMENT REPORT PURSUANT TO GOVERNMENT CODE §
65089.
MOTION by Mayor Pro Tern Fisher, SECONDED by Mayor Busch to adopt Resolution
No. 4672. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
3. Consideration and possible action to (1) call for a special election on November
2, 2010; (2) place an initiative on the ballot to amend and increase by 2% the
City's utility user tax ( "UUT "); (3) place an initiative on the ballot to amend and
increase by 2% the City's transient occupancy tax ( "TOT "); and (4) take such
additional, related, action that may be desirable. Fiscal Impact: Projected
approximate annual revenue increase of $3,948,000 from the UUT and annual
revenue increase of $964,000 from the TOT.
RESOLUTION NO. 4668
A RESOLUTION PLACING AN INITIATIVE ON THE NOVEMBER 2, 2010
BALLOT PURSUANT TO ARTICLE XIIIC, SECTION 2(B) OF THE
CALIFORNIA CONSTITUION; ELECTIONS CODE SECTION 9222; AND
REVENUT & TAXATION CODE SECTION 53724(C) REGARDING
UTILITY USER TAXES.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
adopt Resolution No. 4668. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
RESOLUTION NO. 4669
A RESOLUTON CALLING A SPECIAL ELECTION ON NOVEMBER 2,
2010 PURSUANT TO ELECTIONS CODE SECTION 9222 AND 10403
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
adopt Resolution No. 4669. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
RESOLUTION NO. 4671
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE BALLOT MESURE REGARDING THE
EL SEGUNDO UTILITY USERS TAX
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 7
MOTION by Mayor Busch, SECONDED by Council Member Fuentes to adopt
Resolution No. 4671. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
RESOLUTION NO. 4670
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT
ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH
VOTER INFORMATION FOR A SPECIAL ELECTION ON NOVEMBER 2,
2010
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt
Resolution No.4670. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
4. Continuation of Council's consideration to transition the El Segundo Fire
Department's ( "ESFD ") services to the Consolidated Fire Protection District of
Los Angeles County (aka the Los Angeles County Fire Department), including
possible action to direct staff to undertake further analysis of potential impacts
including, without limitation, an analysis pursuant to Elections Code § 9212
regarding an initiative petition currently being circulated that would require, if
adopted, that ESFD's services be performed by the County.
Continue to August 17, 2010.
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.
5. Approved Warrant Numbers 2578242 to 2578444 on Register No. 20 in the total
amount of $773,347.03 and Wire Transfers from 7/09/10 through 07/22/10 in the
total amount of $2,425,320.67.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.
6. Approved Regular City Council Meeting Minutes of July 20, 2010.
7. Approved Agreement No. 4082 with the City of Hawthorne to implement and
maintain server -based Records Management System and related software
applications developed by Tiburon Inc. (Fiscal Impact: One time costs not to
exceed $235,000 from the already approved one -time start up cost of
$517,500.00; $90,000 for annual contractual maintenance costs). Authorized the
City Manager to execute an Agreement with the City of Hawthorne to implement
and maintain server -based Records Management System and related software
applications.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 8
8. Approved request for the El Segundo Police Department to accept and expend
one -time grant funds from the California Office of Traffic Safety (OTS) "DUI
Enforcement and Awareness Program." (Fiscal Impact: $15,847.00 from OTS
Grant Fund)
9. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON.
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES.
11. Approved request from Mattel, Inc. to allow two temporary five hundred four
(504) square -foot "Special Event Signs" on the south side of the parking structure
located at 333 Continental Boulevard. Applicant: Mattel, Inc. for a period of sixty
five (65) days beginning August 24, 2010 and ending October 27, 2010. (Fiscal
Impact: None)
12. Adopted Resolution No. 4673 setting a public hearing on September 7, 2010 for
Council consideration of a franchise agreement with Golden State Water
Company to distribute potable water in the City of El Segundo. (Fiscal Impact:
2% of gross annual receipt of Applicant arising from the use, operation or
possession of the franchise.)
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to
approve Consent Agenda Items 5, 6, 7, 8, 11, and 12 (as amended). MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
9. Consideration and possible action to receive and file report without objecting to a
new Alcoholic Beverage Control (ABC) license for on -site sale and off -site
consumption of alcohol at an existing convenient store located at 601 North
Sepulveda Boulevard. Applicant: Veronica Becerra (Fiscal Impact: N /A)
MOTION by Council Member Jacobson, SECONDED by Brann, to request the ABC
deny a new Alcoholic Beverage Control (ABC) license for on -site sale and off -site
consumption of alcohol at an existing convenient store located at 601 North Sepulveda
Boulevard. MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES:
JACOBSON, FUENTES, BRANN. NOES: BUSCH, FISHER. 3/2
10. Adopt Ordinance No. 1444 approving Environmental Assessment EA 755 and
Zone Text Amendment ZTA 07 -02 to amend the El Segundo Municipal Code
( "ESMC ") off - street parking and loading regulations (Fiscal Impact: N /A)
MOTION by Council Member Fuentes, SECONDED by Mayor Busch to adopt
Ordinance No. 1444 approving Environmental Assessment EA 755 and Zone Text
Amendment ZTA 07 -02 to amend the El Segundo Municipal Code ( "ESMC ") off - street
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 9
parking and loading regulations. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
F. NEW BUSINESS
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER — Reported he would be on vacation for the next
Council meeting.
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — spoke on Broadway in the Park and St. Anthony's reunion
celebration.
Council Member Brann — spoke on Broadway in the Park, Cable TV, and spotlight on El
Segundo segment.
Council Member Jacobson —
13. Consideration and possible action regarding Business License Tax
Recommendation — This item serves as a place holder. Currently meeting with
businesses on this matter.
No action or discussion taken.
Spoke regarding Broadway in the Park, and requested that the Council Salaries and
benefits be posted on the City website.
Mayor Pro Tern Fisher — NONE
Mayor Busch — Spoke regarding El Segundo Night at Dodger Stadium; announced the
El Segundo Little League 12 year old All Star team accomplishments.
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 10
Mike Robbins, Resident; requested that the City employees compensation and benefits
also be posted on the City web site.
Peggy Tyrell, Resident; spoke regarding the petition circulated by the Firefighter's
Association.
Jane Friedkin, Resident; spoke regarding Council Member Brann's comments on
residential fees.
Mark Renner, Resident; spoke regarding the proposed layoffs and employee salaries.
Elizabeth Waase, Resident; spoke regarding the El Segundo Fire Department services
and the CERT program.
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 10:11 p.m.
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Cindy Mortej6n, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE NO. 11