2010 FEB 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 16, 2010 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor at 5:00 P.M.
ROLL CALL
Mayor McDowell
- Absent
Mayor Pro Tern Busch
- Present — arrived at 5:03 p.m.
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.
Mark Hensley, City Attorney, advised Council that the City had just received a letter
from S &L Specialty Contracting, Inc., dated February 12, 2010, that contains threats of
litigation relating to item no. 2, on tonight's agenda. He further requested that pursuant
to Government Code Section 54954.2(b)(2) that the Council take action to place the
matter on closed session under Government Code Section 54956.9(b)(C). The Council
voted 3/0 to place the matter on the closed session agenda. MAYOR MCDOWELL
AND MAYOR PRO TEM BUSCH ABSENT.
SPECIAL ORDER OF BUSINESS:
Mayor Pro Tern Busch arrived at 5:03 p.m.
Appointment of Jack Wayt (City Manager), Bob Hyland (Human Resources Director)
and Rich Kreisler (Liebert, Cassidy & Whitmore) to represent the City as labor
negotiators of the 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)
MOTION by Council Member Jacobson , SECONDED by Council Member Fisher to
appoint Jack Wayt (City Manager), Bob Hyland (Human Resources Director) and Rich
Kreisler (Liebert, Cassidy & Whitmore) to represent the City as labor negotiators of the
Police Support Services Employees Association (PSSEA), City Employees Association
(CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 1
Officers Association (POA), Supervisory and Professional Employees (S &P) MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0, MAYOR MCDOWELL ABSENT.
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to items listed on the agenda.
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) -1- matter
City of El Segundo vs. City of Los Angeles, et. Al. LASC Case No. BS094279
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): -1-
matters
1. 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, Bob Hyland and Rich Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 16, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — John Fedshau, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Council Member Fisher presented a proclamation to Marie Stinnett, embarking
upon her 100th birthday on Sunday, February 14, 2010.
b. Council Member Brann presented a Certificate Hannah Burrell for her artistic
contribution to the El Segundo Environmental Expo 2010 Student Art Contest.
C. Mayor Pro Tern Busch presented a Certificate for Northrop Grumman
recognizing their Integrated Systems Sector for donating a Green Building Kiosk.
ROLL CALL
Mayor McDowell
- Absent
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.
Ed Little, West Basins Municipal Water District, spoke on the upcoming tour of the
Delta System in Central California on April 19 and 20, 2010.
A. PROCEDURAL MOTIONS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 3
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. 4/0. MAYOR MCDOWELL ABSENT.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
Consideration and possible action to select the City of La Mirada to exchange the
City of El Segundo's Fiscal Year 2010 -2011 and prior year unallocated
Community Development Block Grant (CDBG) funds totaling $94,023 at an
exchange rate of $0.55 per CDBG dollar, for a total of $51,712.65 in General
Revenue Funds and to allocate the funds to the City's Home Delivered Meals,
Juvenile Diversion, Administration and Senior In -Home Care programs for Fiscal
Year 2010 -2011. (Fiscal Impact: $51,712.65).
Tina Gall, CDBG Consultant, gave a report.
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to
adopt Resolution No. 4645 authorizing the exchange of CDBG funds with the City of La
Mirada; authorize the City Manager to execute any and all contracts and documents, as
to form approved by the City Attorney, necessary to complete the exchange of CDBG
funds on behalf of the City; and approve allocation of the funds for Home Delivered
Meals, Juvenile Diversion, Administration and Senior In -Home Care projects for Fiscal
Year 2010 -2011. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 MAYOR
MCDOWELL ABSENT.
2. Consideration and possible action to disqualify S &L Specialty Contracting, Inc. as
a bidder for Group 39 (Project No. RSI 10 -01) and Group 40 (Project No. RSI 10-
02) of the City's Residential Sound Insulation Program and select the next
apparent lowest responsible Bidder for each Project. (Estimated construction
costs and retention: $716,705)
James O'Neill, Residential Sound Insulation Program Manager, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 4
MOTION by Council Member Brann, SECONDED by Council Member Fisher to direct
the City Manager to not execute contracts 4037 and 4038 with S &L Specialty
Contracting, Inc.; Select the next apparent lowest responsible Bidder for each project;
Waive minor irregularity in the Bid from Big West Construction Corporation, Inc.; award
Contract No. 4048 to Big West Construction Corporation, Inc. for Group 39 (RSI 10 -01);
Waive minor irregularity in the Bid from G &G Specialty Contractors, Inc.; award
Contract No. 4049 to G &G Specialty Contracting, Inc. for Group 40 (RSI 10 -02); and
authorize the City Manager to execute contracts in a form approved by the City
Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR
MCDOWELL ABSENT.
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.
3. Approved Warrant Numbers 2575810 to 2576015 on Register No. 9 in the total
amount of $728,745.37 and Wire Transfers from 1/22/10 through 2/4/10 in the
total amount of $1,693,827.22. 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 February 2, 2010.
5. Authorized the City Manager to execute License Agreement No. 3724A with
Mattel, Inc., in a form approved by the City Attorney, to allow the use of the City
of El Segundo logo and vehicle graphics of the El Segundo Fire Department for
production of die -cast replica toy fire vehicles. (Fiscal Impact: None)
6. Adopted Resolution No. 4644 amending Resolution No. 4640 in its entirety to
authorize the City Manager, or designee, to apply for, receive, and appropriate
grant funds through the California Energy Commission to implement energy
efficiency improvements at El Segundo City Hall (Fiscal Impact: Potentially $90,
691.00)
7. Authorized the City Manager to issue a letter of concurrence to the County of
Ventura Fire Department to utilize a radio frequency co- channeled with one
assigned to the City. (Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 5
8. Authorized renewal of the General Services Agreement No. 4046 between the
City of El Segundo and the County of Los Angeles for an additional five years
commencing on July 1, 2010 which would allow the City to access on an as
needed basis municipal support services performed by the County, such as
traffic signal maintenance and other public works activities. (Fiscal Impact: None)
Authorized the Mayor to sign the General Services Agreement in a form
approved by the City Attorney.
9. Accepted the work as complete on the project 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: $207,431.35)
Authorized the City Clerk to file a Notice of Completion in the County Recorder's
Office.
10. Authorized the City Manager or his designee to enter into Agreement No. 4047
with West Basin Municipal Water District ( "West Basin ") for the development of a
Local Water Use Efficiency Compliance Plan in a form approved by the City
Attorney. (Fiscal Impact: $2,465 in matching funds)
11. Waived second reading and adopted Ordinance No. 1440 for a zone change
from the General Commercial (C -3) Zone to the Corporate Office (CO) Zone on
the site located at 1916 East Imperial Highway and Assessor Parcel Number
4138 - 005 -057. Applicant: The City of El Segundo (Fiscal Impact: None)
CALL ITEMS FROM CONSENT AGENDA
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to
approve Consent Agenda items 3, 4, 5, 6, 7, 8, 9, 10 and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. MAYOR MCDOWELL ABSENT.
F. NEW BUSINESS
12. Consideration and possible action regarding the Fiscal Year 2008 -2009 Year -end
report and Fiscal Year 2009 -2010 First Quarter Financial Review. (Fiscal Impact:
None)
Deborah Cullen, Finance Director, gave a report.
Council consensus to receive and file FY 2008 -2009 Year -end and FY 2009 -2010 First
Quarter Financial staff report.
MOTION by Council Member Brann, SECONDED by Council Member Fisher to
approve staff recommendation to transfer sufficient funds from the Internal Service
Funds back to the General Fund to maintain 20% unreserved /undesignated fund
balance in the General Fund. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
MAYOR MCDOWELL ABSENT.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2010
PAGE NO. 6
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER - NONE
REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — NONE
Council Member Fisher — Attended Pancreatic Cancer Action Network Walk at Plaza El
Segundo last weekend.
Council Member Jacobson — Announced the CERT and Amateur Radio group drill at
10:00 a.m. on Saturday, February 20, 2010.
Mayor Pro Tern Busch — Attended theater fi s City in the United States Pacific totamplemen Segundo
Golf
Also noted that El Segundo was the y
Ball Recycling Program.
Mayor McDowell — ABSENT
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, II does
Council to
on any item not on the agenda The Council w
Communications is closed. - NONE
MEMORIALS — Ray "Archie" Archambault
CLOSED SESSION — NONE
ADJOURNMENT at 8: 06 p.m.
Cathy Do nn, Deputy City Clerk
MINUTES OF THE REGULAR CITY BRUAR MEETING ING
PAGE NO. 7