2009 NOV 17 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 17, 2009 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Council Member Jacobson at 5:00 p.m.
ROLL CALL
Mayor McDowell - Present — arrived at 5:01
Mayor Pro Tern Busch - Present — arrived at 5:01
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.
SPECIAL ORDER OF BUSINESS:
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to items listed on the agenda and that the Government Code
§54956.9(b) item pertained to the El Segundo Firefighters Association threatened
litigation regarding staffing requirements.
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. Case No. RIC396282
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 1
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): - 3-
matters
Property: City owned property (APN Nos. 4138- 014 -914 and 4138- 014 -901) located on
the south side of Hughes Way (near it terminus).
City Negotiators: City Manager, Assistant City Manager and City Attorney.
Negotiating Parties: Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC.
Under Negotiation: Price and Terms (sale).
Property: property owned by Rosecrans - Sepulveda Partners 2, 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 Partners 2, LLC, and PES Partners, LLC.
Under Negotiation: Price and Terms (purchase).
Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Parties: PFK Enterprises, Inc.
Under Negotiation: Price and Terms (potential lease or sale)
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 17, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — City Clerk Mortesen
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Council Member Jacobson presented a Proclamation for Spark of Love Toy Drive
to Fire Chief Kevin Smith.
ROLL CALL
Mayor McDowell
- Present
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.
Michael Meade, U.S. Tow, Inc. spoke regarding the issuance of the towing contract
which had been pulled and placed on a future meeting.
Loretta Frye, Resident; spoke regarding the water conservation ordinance.
Amy Lemisch, Executive Director of the Film Commission; spoke on the adoption of the
film ordinance, and listed items that the Film Commission disagreed with.
Sarah Walsh, Motion Picture Association of America, spoke on the Film Ordinance and
items they disagreed with.
Lena McDermott, Tree Musketeers, spoke regarding the planting of 200 new street
trees.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 3
Toni Rena, Continental Development Corporation, spoke regarding the Film Ordinance,
and requested Council to consider relaxing filming restrictions east of Sepulveda and
south of El Segundo Blvd.
Susanne Fuentes, Resident; spoke regarding the Film Ordinance and stated she would
support extending the filming hours to 10 p.m. and weekend filming if it did not exceed
the total number of days.
Wade Stevens, resident and member of the filming industry, spoke against the current
version of the filming ordinance.
Dora Polk, Resident; spoke regarding the film ordinance and its history.
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. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
1. Consideration and possible action to introduce and waive first reading of an
Ordinance amending the El Segundo Municipal Code's regulation of filming
within the City of El Segundo. (Fiscal Impact: None)
Mayor Pro Tern Busch not - participating on this item due a possible conflict with his
employer and therefore left the dais.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1436
AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION
PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL
SEGUNDO.
Council Member Fisher introduced with amendments of section 4 -11 -23 F to read
filming permitted 24/7 east of Sepulveda or South of El Segundo Blvd. except within 275
feet of a hotel. Section 5 4 -11 -23 1 was deleted. Second reading and adoption of the
Ordinance for December 1, 2009.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 4
Mayor Pro Tern Busch returned to the dais.
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.
2. Approved Warrant Numbers 2574523 to 2574719 on Register No. 3 in the total
amount of $736,453.54 and Wire Transfers from 10/23/09 through 11/06/09 in
the total amount of $801,466.83. Authorized staff to release. Ratifed: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
3. Approved Regular City Council Meeting Minutes of November 3, 2009.
4. ITEM PULLED FOR A FUTURE MEETING DUE TO AN INCOMPLETE PACKET
5. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
6. Approved extending the City's agreement with Cassidy & Associates through
September 30, 2010, for the provision of legislative advocacy services in
Washington, D.C., and approve federal work plan. (Fiscal Impact: $160,000 for
FY 2009 -2010) Authorized the Mayor to execute the attached Agreement No.
4021 with Cassidy & Associates. Approved the federal advocacy work plan as
outlined in Cassidy & Associates Memorandum of November 4, 2009. Authorized
an additional appropriation of $20,000 from salary savings. Instructed the City
Manager, affected departments, and our Washington, D.C. advocate to work with
the Congressional staff and local government associations to pursue the City's
federal funding and program objectives.
7. Waived second reading and adopted Ordinance No. 1435 setting the City's water
Rates and Charges pursuant to Safety Codes § 5471 and El Segundo Municipal
Code § 11 -1 -5 for Fiscal Year 2009 -2010 through Fiscal Year 2014 -2015.
(Potential Fiscal Impact: Approximately $3,640,000 loss in water revenue in FY
2009 - 2010.)
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve
Consent Agenda items 2, 3, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
5. Consideration and possible action regarding the acceptance of the Softball Field
Wall at 339 Sheldon St. — Project No. PW 09 -03. (Fiscal Impact: $206,825.00)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 5
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to
accept the work as complete on the Softball Field Wall at 339 Sheldon St. — Project No.
PW 09 -03. (Fiscal Impact: $206,825.00) Approved an additional appropriation of
$6,000 from the Capitol Improvement Fund Reserves. Authorized the City Clerk to file a
Notice of Completion in the County Recorder's Office. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
8. Consideration and possible action to serve as a host location for a community
based pandemic H1N1 influenza mass vaccination clinic. (Fiscal Impact:
$30,000)
Kevin Smith, Fire Chief, stated that the County was not opened to hosting clinics in
small cities and venues.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — None
Council Member Fisher — None
Council Member Jacobson — None
Mayor Pro Tern Busch — None
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 6
Loretta Frye, Resident; spoke regarding the water conservation ordinance, and
requested Council to change it to state PM watering 1 hour prior to sunset.
MEMORIALS — Jack Siadek, Roy Hefner and John McTaggert
CLOSED SESSION — NONE
ADJOURNMENT at 8:12 p.m.
WA ff
--
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2009
PAGE NO. 7