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2009 MAY 05 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 5, 2009 — 5:00 P.M. 5:00 P.M. SESSION — ADJOURNED DUE TO LACK OF QUORUM TO 6:00 P.M. 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: NONE Mark Hensley, City Attorney, stated that Council would be meeting in closed session pursuant to items identified on the agenda and that the Government Code §54956.9(b) item was regarding the Siegel Claim No. 07 -43. 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 1. Pulido v. City of El Segundo, et al, LASC No. 06- 55539/06 -55798 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY PAGE NO. 1 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- matter 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 SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 5, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — City Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS a. Council Member Fisher presented a Proclamation announcing May 16, 2009, as Kids Day American /International and urged families to participate in activities that reinforce positive, healthy life choices among children. b. Council Member Jacobson presented a Proclamation announcing May 30, 2009, as Super CPR Saturday and encouraging participation in CPR training. C. Council Member Brann presented a Proclamation announcing May 17 -23, 2009, as National Public Works Week. d. Mayor ProTem Busch presented a Proclamation announcing May 11 -15 as California Bike Commute Week. e. Mayor McDowell presented a proclamation announcing May 9, 2009 Public Safety Services Day and invited the community to participate in the joint Open House. f. Mayor McDowell presented a Proclamation to Chris Sherrill, Senior Citizen of the Year, and announced the month of May, 2009, as Older American month and inviting the community to participate in the Elderfest Celebration on May 16, 2009. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - Present Council Member Fisher - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 3 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. Pursuant to the procedure set forth on the first page of this Agenda, Ms. Daphine Moote, an El Segundo Unified School District teacher and President of the El Segundo Teachers Association, has requested that the following item be placed on the City Council Agenda for possible discussion and action by the Council. The Council is not required to discuss or take action on these items. 1. Consideration and possible action regarding a request by Daphine Moote, an El Segundo Unified School District teacher, to consider adoption of a Resolution in support of Propositions 1A -1 F on the May 19th Special Election ballot. (Fiscal Impact: None) Bonnie Maye, representing the Teachers' Association requested Council consider adopting a Resolution in support of Propositions 1A -1 F. Dave Burns, Resident; spoke in favor of the Council's support for Propositions 1A -1 F. Liz Garnholtz, Resident; spoke regarding the budget deficit, and the changes proposed by the propositions. 2. Pursuant to the procedure set forth on the first page of this Agenda, Mr. Geoff Yantz, Superintendent, El Segundo Unified School District, has requested that the following item be placed on the City Council Agenda for possible discussion and action by the Council. The Council is not required to discuss or take action on these items. 2. Consideration and possible action regarding correspondence from Superintendent Geoff Yantz, dated April 29, 2009, concerning filming at El Segundo High School. (Fiscal Impact: None) Mayor ProTem Busch left the dias and did not participate on this item due a potential conflict of interest regarding his employment. Superintendent Yantz requested Council consider consenting to an additional ten days of filming. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 4 Jane Pimlot, Resident; spoke in favor of the Council's review of the filming ordinance. She read a letter from Resident June Williams in support of the review and extension of the number of filming days. Beth Murida, President of El Segundo PTA; spoke in favor of the Council's review of the filming ordinance. Bill Watkins, Resident and School Board Member; spoke in favor of the Council's review of the filming ordinance. He also spoke on the trucks entering and exiting the grounds, and stated that the benefits outweigh the inconvenience. Edie Rice, Resident; spoke in favor of the Council's review of the filming ordinance. Mike Rice, Resident; spoke in favor of the Council's review of the filming ordinance. David Burns, Resident; spoke in favor of the Council's review of the filming ordinance. Dora Polk, Resident; spoke against the Council's review of the filming ordinance. Jenni Davies, Resident; spoke in favor of the Council's review of the filming ordinance. Stated that the when trucks are parked but no filming is being done, it should not be counted as a "film day ". Suzanne Fuentes, Resident; represented a resident who lives in the impact area and stated her opposition to the revision of the filming ordinance. Ron Swanson, Resident; spoke in favor of the Council's review of the filming ordinance. Liz Garnholtz, Resident; stated that if the School District is being paid for the trucks being parked, that day should be counted. George Funk, Resident; spoke in favor of the Council's review of the filming ordinance. Nancy Peters, Resident; spoke regarding the "Relay for Life ". Invited cancer survivors to participate in the event. City Attorney Mark Hensley explained how ordinances are adopted and what the 20 day filming restriction includes. MOTION by Council Member Fisher to direct staff to reconvene the committee, and work on preparing an amendment to the ordinance creating options regarding the number of filming days allowed at the High School. MOTION FAILED DUE TO LACK OF SECOND. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 5 MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to form a sub - committee of Council Member Fisher and Brann and the same stakeholders to; a) review the film ordinance regarding the 20 day limitation and consent provisions; b) investigate the alternative sources of funding the amount the school district deems appropriate should the 20 day limitation remain; c) better define "no impact' filming; d) investigate possibly modifying the area between the girls gym and the cafeteria to allow for film trucks and equipment to enter and exit the school. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: MACDOWELL, JACOBSON; NOES: FISHER, BRANN. MAYOR PRO TEM BUSCH NOT PARTICIPATING. 2/2 MOTION by Council Member Fisher, SECONDED by Mayor McDowell to form a sub- committee of Council Member Fisher and Mayor McDowell and the same stakeholders to; a) review the film ordinance regarding the 20 day limitation and consent provisions; b) investigate the alternative sources of funding the amount the school district deems appropriate should the 20 day limitation remain; c) better define "no impact' filming; d) investigate possibly modifying the area between the girls gym and the cafeteria to allow for film trucks and equipment to enter and exit the school. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MCDOWELL, FISHER, JACOBSON, NOES: BRANN. MAYOR PRO TEM BUSCH NOT PARTICIPATING. 3/1 Mayor Pro Tern Busch returned to the dais. 2. Consideration and possible action regarding a request by Daphine Moote, an El Segundo Unified School District teacher, to consider adoption of a Resolution in support of Propositions 1A -1 F on the May 19th Special Election ballot. (Fiscal Impact: None) NO ACTION WAS TAKEN ON THIS ITEM 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) 3. Consideration and possible action to conduct a continued Public Hearing regarding the adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code by $5.00 due to changes in the Government Code. (Fiscal Impact: $55,630.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 6 Mayor McDowell stated this is the time and place hereto fixed for a continued Public Hearing regarding the adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code by $5.00 due to changes in the Government Code. Clerk Mortesen stated that proper notice was completed and no written communication had been received by City Clerk's Office. Dave Cummings, Police Chief, gave a report. MOTION by Council Member BOYNUNANIMOUS VOICE VOTE 5/0 to close the public hearing. M OTION PASSED MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to adopt Resolution No. 4596 adopting t UNANIMOUS VOICE VOTE 5/0 lifornia Vehicle Code § 40203.5. MOTION PASSED B 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. 4. Approved Warrant Numbers 2571296 to 2571531 on Register No. 14 in the total amount of $1,117,980.38 and Wire Transfers from 04/10/2009 through 04/23/2009 in the total amount of $1,600,735.18. 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 April 21, 2009. 6. Accepted $182,875 in grant funding from the U.S. Department of Homeland Security (DHS), Buffer Zone Protection Plan (BZPP) for protection of critical City facilities under the Infrastructure Protection Activities (IPA) for Federal Fiscal 2007. (Fiscal Impact: $182,875) Adopted Resolution 4598 Authorizing the City Manager and Police Chief to apply for, receive, and appropriate grant funds for acquisition of security devices required to protect public health and safety. Authorized the City Manager to sign the Subrecipient Agreement No. 3938 (SA) with the County of Los Angeles. 7. Accepted a cash contribution from Chevron Products Company, donated to the El Segundo Fire Department in support of Super CPR Saturday (Cardio- Pulmonary Resuscitation instruction). (Fiscal Impact: $1,000) Authorized the City Manager to transfer the monies into the CPR General Fund account. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 7 8. Approved an amendment to the Agreement No. 3874 with AKM Consulting Engineers to prepare a Water Rate Study for the City water utility. (Fiscal Impact: $28,404.00) Authorized the City Manager to execute the not toe Geed $28,404.00. dment with AKM Consulting Engineers for a mount 9. Approved the American Cancer Society's Relay for Life 2009 event request for a waiver of City - related fees per municipal code section 8 -8 -7 D 1 and use of the City logo artwork per municipal code 1 -3 -1 to 1 -3 -5. (Fiscal Impact: $6,500) Approved use of the City Seal for the public purpose of promoting public health and safety per ESMC § 1 -3 -3 to 1 -3 -5. 10. Approved the Annual Kids Day International event request for a waiver of City - related Special Event fees. (Fiscal Impact: $745) MOTION by Council Member Fisher, SECONDED by Council Member Brann to approve Consent Agenda Items 4, 5, 6, 7, 8, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY — Announced that the City Council by unanimous vote in closed session authorized the City Attorney's Office to take action to cause the City to intervene in the legal action that has been commenced by the City of Los Angeles against AT &T regarding the public access channel service provided through AT &T video services. The litigation relates to the unacceptable level of service provided by AT &T with regard to local public access channels. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Announced his tour of Diamond Valley Lake in Temecula. Council Member Fisher — Reported on the Hometown Fair. Council Member Jacobson — Reminded the public about CPR Saturday, and announced the car show to be held at the Automobile Driving Museum on May 30, 2009. Mayor Pro Tern Busch — Reported on the Hometown Fair. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 5, 2009 PAGE NO. 8 Mayor McDowell — 11. Consideration and possible action to adopt a resolution opposing AB 155 (Mendoza), a bill imposing an unnecessary procedure burden upon local requiring local entities to first governments in managing their fiscal affairs bestment Advisory Commission obtain approval of the California Debt and In before filing for Chapter 9 bankruptcy protection. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Mayor Pro Tern Busch to adopt to Resolution No. 4597 opposing AB 155 and authorize efforts 5 /0 oppose passage of the bill. MOTION PASSED BY UNANIMOUS VOICE VOTE PUBLIC COMMUNICATIONS — (Related to City Business ve aloe of minut oemoretper limit person, 30 minute limit total) Individuals who have e 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 Couac I to of $2500. While all comments are welcome, the Brown Act d oes not allow on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholtz, Resident; objected to the wording on the agenda regarding the opposition to Assembly Bill 155. e Council for their deliberations on the High School Bill Watkins, Resident; thanked th filming issues. City Attorney Mark Hensley stated that the Brown Act requires hat the agnda to item e ate what regarding Y action the Council was being requested to consider an opposition to Assembly Bill 15 conforms to the Brown Act requirements. MEMORIALS — West Hollywood City Councilman Sal Guarriello CLOSED SESSION — NONE ADJOURNMENT at 9:00 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY PAGE NO. 9