2009 JUNE 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 16, 2009 — 6:00 P.M.
6:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 6:00 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.
NONE
SPECIAL ORDER OF BUSINESS:
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to the item 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) -0- matter
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 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 CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
Council moved to open session at 6:15 p.m.
SPECIAL MATTERS: - 1- matter
1. Interview of candidates and potential appointee for Library Board of Trustees
[Note: the interviews will commence at approximately 6:15 p.m. and take place in
the West Conference Room in City Hall]
Council consensus to appoint Beth Marbois to the Library Board of Trustees for a full
term to expire 6/30/12.
Council recessed at 6:40 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 16, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Wesley Harding, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS
a. Proclamation announcing July 2009 as Parks & Recreation Month.
Council Member Jacobson presented a proclamation to Bob Cummings, Recreation and
Parks Director, announcing July 2009 as Parks & Recreation Month.
ROLL CALL
Mayor McDowell - Present
Mayor Pro Tern Busch - Present
Council Member Brann - Present
Council Member Fisher - Present
Council Member Jacobson - Present
Steve Bradford, Southern California Edison, made a brief presentation on the current
state of Utility services. He also announced the improvements to be made in the City of
El Segundo.
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.
Elyse Beardsley, spoke on behalf of the South Bay Workforce Investment Board
(SBWIB), on services offered for persons displaced by downsizing.
Bill Watkins, resident & School Board Member, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
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JUNE 16, 2009
PAGE NO. 3
Laura Brown, resident & film location manger, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
Robin Funk, resident & School Board Member, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
Jim Fitzpatrick, Commissioner for the Film Commission, was not fully supportive of the
extension of 40 days, and suggested extending the time for the school area only and
not extending the number of days in other areas of the City. He was also against the
shortening of the allowed filming hours from 10 to 9 pm, which woud preclude night
shooting except in the months of November, December and January. He also
expressed a concern about the proposed weekend restrictions. He was in favor of the
extension but against the time changes.
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 Fisher 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 adopting Development Agreement No. 09 -01
(Third 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 -850 South Sepulveda Boulevard,
700 -740 Allied Way, and 2005 -2015 East Park Place to allow the following uses:
1) Fast food restaurants south of the current locations of the Union Pacific
Railroad or the Burlington Northern Santa Fe Railroad lines (the southwest
portion of the site), 2) banks and similar institutions up to a total of 10,000 square
feet of floor area, 3) day spas up to a total of 10,000 square feet of floor area, 4)
health clubs and fitness centers up to a total of 10,000 square feet of floor area,
5) indoor sale of motorcycles, motor scooters and the sale of related parts and
accessories only as an ancillary use, and 6) dance and music instruction studios
up to 6,000 square feet of floor area. Applicant: PES Partners, LLC. (Fiscal
Impact: None).
Mayor McDowell stated this is the time and place hereto fixed for a Public Hearing
regarding the introduction and first reading of an Ordinance adopting Development
Agreement No. 09 -01 (Third 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 -850 South Sepulveda Boulevard,
700 -740 Allied Way, and 2005 -2015 East Park Place to allow the following uses: 1) Fast
food restaurants south of the current locations of the Union Pacific Railroad or the
Burlington Northern Santa Fe Railroad lines (the southwest portion of the site), 2) banks
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 4
and similar institutions up to a total of 10,000 square feet of floor area, 3) day spas up to
a total of 10,000 square feet of floor area, 4) health clubs and fitness centers up to a
total of 10,000 square feet of floor area, 5) indoor sale of motorcycles, motor scooters
and the sale of related parts and accessories only as an ancillary use, and 6) dance and
music instruction studios up to 6,000 square feet of floor area. Applicant: PES Partners,
LLC. Clerk Mortesen stated that proper notice was completed and no written
communication had been received by City Clerk's Office.
Greg Carpenter, Planning and Building Safety Director, gave a report.
MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Busch to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1430
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.
Mayor ProTem Busch introduced the ordinance.
Second reading and adoption is scheduled for July 21, 2009.
C. UNFINISHED BUSINESS
2. Consideration and possible action to amend the El Segundo Municipal Code film
regulations within the City of El Segundo and direct staff to not allow any filming
in Library Park. (Fiscal Impact: None)
Mayor Pro Tern Busch excused himself from the dais, due a possible conflict of interest
on this item based upon his employment at Sony Pictures.
City Attorney Mark Hensley, made a brief presentation.
Council Member Jacobson would like to have a Council workshop to expand the dialog
with the School, film industry, and residents.
MOTION by Council Member Fisher, SECONDED by Mayor McDowell to have a single
workshop with all eligible Council Members, the film industry representative, school
district representatives, and residents, to have a complete dialog on consideration of
amending the Ordinance. MOTION PASSED BY THE FOLLOWING VOICE VOTE:
AYES: MCDOWELL, JACOBSON, FISHER; NOES: BRANN; NOT PARTICIPATING:
BUSCH. 3/1/1
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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JUNE 16, 2009
PAGE NO. 5
3. Consideration and possible action regarding the announcement of the
appointment of candidate of the Library Board of Trustees. (Fiscal Impact: None)
Mayor McDowell announced the appointment of Beth Marbois to the Library Board of
Trustees for a full three -year term ending 6/30/12.
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.
4. Approved Warrant Numbers 2571991 to 2572229 on Register No. 17 in the total
amount of $1,180,117.63 and Wire Transfers from 05/22/09 through 06/04/09
in the total amount of $766,153.67. 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.
5. Approved Regular City Council Meeting Minutes of June 2, 2009.
6. Accepted the project for trenchless rehabilitation of the sanitary sewer main on
Imperial Highway from east to west City limit. Project No. PW 08 -10 as complete.
(Fiscal Impact: $465,795.00) Authorized the City Clerk to file a Notice of
Completion in the County Recorder's Office.
7. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH
8. Awarded RFP # 09 -07 (Police Uniforms and Accessories) to the three most
responsive bidders, and authorized the City Manager to execute three (3) year
agreements with a renewal option for each of an additional three (3) year period,
for a maximum total contract length of six (6) years to Galls Uniforms, Contract
No. 3955, Quartermaster Uniforms, Contract No.3956, and Carmen's Uniforms,
Contract No. 3957. (Fiscal Impact: Included in adopted budget)
MOTION by Council Member Jacobson SECONDED by Council Member Fisher to
approve Consent Agenda Items 4, 5, 6, and 8. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
7. Consideration and possible action regarding the award of a Standard Public
Works to Malibu Pacific Tennis Courts, Inc. for the installation of a retaining wall
at the Softball Field at 339 Sheldon Street — Project No. PW 09 -03 (Fiscal
Impact: $184,750.00)
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JUNE 16, 2009
PAGE NO. 6
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to award
Standard Public Works Contract No. 3958 to Malibu Pacific Tennis Courts, Inc. for the
installation of a retaining wall at the Softball Field at 339 Sheldon Street — Project No.
PW 09 -03. Authorized the City Manager to execute a Standard Public Works Contract in
a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
9. Consideration and possible action regarding Council consensus to cancel the
July 7, 2009 City Council Meeting. (Fiscal Impact: None)
MOTION by Mayor McDowell, SECONDED by Mayor ProTem Busch to approve the
cancellation of the July 7, 2009 City Council Meeting. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding his departmental tours.
Council Member Fisher — None
Council Member Jacobson — None
Mayor Pro Tern Busch — Announced the July 2nd Environmental Fair.
Mayor McDowell — None
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.
Bill Watkins, resident, stated he appreciated Council participation on the filming
ordinance.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 7
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 8:22 p.m.
Cindy �oese�nCit�ylerk
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