2010 NOV 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 16, 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
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Absent
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:
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): -1-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
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PAGE NO. 1
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2-
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 Richard Kreisler
2. Unrepresented Group: Management Confidential Group
Negotiator: Jack Wayt
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
City Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Party: Brian A. Sweeney
Under Negotiation: Price and Terms (potential sale)
Council recessed at 6:50 p.m.
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NOVEMBER 16, 2010
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 16, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION - James Trabilcy, Pacific Baptist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
a. Mayor Busch presented a Proclamation proclaiming November 22 through
December 19, 2010 as the Spark of Love Toy Drive.
b. Presentation from the Recreation & Parks Department to recognize Mattel, Inc.
the event sponsor of the 2010 Holiday Tree Lighting.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Absent
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.
Loretta Frye, Resident; spoke about comments she had received on the Proposition 218
protest ballot.
Peggy Tyrell, Resident; spoke regarding the Proposition 218 protest ballot.
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NOVEMBER 16, 2010
PAGE NO. 3
Liz Garnholz, Resident; spoke regarding Consent Item 5, Employer's contribution to the
Public Employees Medical and Hospital Care Act; Item 6, consulting services for
development of a Request for Proposals for Residential Trash Collection; Item 9 and 10
regarding MOUs and side letters for employee bargaining units. She also spoke
regarding the Prop 218 protest ballot.
Charles Carter, Resident; spoke regarding the Proposition 218 protest ballot and the
number of units per parcel and vote.
Marc Rener, Resident; spoke regarding item number 6, consulting services; trash
hauling contract and the type of bins used; the protest ballots for Proposition 218.
Charles Slazak, Resident; spoke regarding the Proposition 218 protest ballot.
Sam Pena, Republic Services; spoke regarding the current trash hauling agreement
with his company.
A. PROCEDURAL MOTIONS
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 Fuentes to read all
ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
I . Consideration and possible action (Public Hearing) regarding the adoption of the
2010 California Building Code (Volumes I and II), 2010 California Fire Code,
2010 California Electrical Code, 2010 California Plumbing Code, 2010 California
Mechanical Code, 2010 California Energy Code, 2010 California Residential
Code, and 2010 California Green Building Standards Code, with amendments.
(Fiscal Impact: None)
Mayor Busch stated that this was the time and place to conduct a continued public
hearing on the Ordinances to adopt the 2010 California Building Code (Volumes I and
II), 2010 California Fire Code, 2010 California Electrical Code, 2010 California Plumbing
Code, 2010 California Mechanical Code, 2010 California Energy Code, 2010 California
Residential Code, and 2010 California Green Building Standards Code, with
amendments.
City Cerk 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.
Sam Lee, Building Official, gave a report.
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PAGE NO. 4
MOTION by Council Member Brann, Pro
VOTE 4 /OheCOUNCIL
the public hearing. MOTION PAS SED BY UNANIMOUS VOICE
MEMBER JACOBSON ABSENT
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to adopt
Ordinances 1449, 1450, 1451, 144/2, 1 COUNCIL MEMBER JACOBSONIABSENTSED
BY UNANIMOUS VOICE VOTE. /0.
2. Consideration and possible action to adopt a resolution establishing a fee for
Tobacco Retail Licenses. (Fiscal Impact: none)
Mayor Busch stated that this was the time and place to conduct a public hearing to
adopt a resolution establishing a fee for Tobacco Retail Licenses.
City 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.
Mitch Tavera, Police Chief, gave a report.
Marc Rener, Resident; requested the purpose of the fee and who will be paying the fee.
MOTION by Mayor Pro ON PASSED BY SECONDED
UNAN UNANIMOUS Council Member
VOTE: Brann
the public hearing. MOT /0. COUNCIL
MEMBER JACOBSON ABSENT.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4691
A RESOLUTION ESTABLISHING FEES FOR OBTAINING A TOBACCO RETAILER
LICENSE IN ACCORDANCE WITH EL SEGUNDO MUNICIPAL CODE
CHAPTER 5 -613.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to adopt
Resolution No. 4691 establishing fees for obtaining a tobacco retailer license in
accordance with El Segundo Municipal Code Chapter 5 -613. MOTION PASSED BY
THE FOLLOWING VOICE VOTE AYES: BUSCH, FISHER, BRANN, NOES:
FUENTES. ABSENT: JACOBSON. 3/1/1
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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NOVEMBER 16, 2010
PAGE NO. 5
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 2579705 to 2579905 on Register No. 3 in the total
amount of $537,419.20 and Wire Transfers from 10/21/10 through 11/04/10 in
the total amount of $694,854.13. 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 November 2, 2010.
5. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
6. PULLED FOR DISCUSSION BY MAYOR BUSCH
7. Approved Change Orders in the amount of $48,994.39, and accepted the project
for the replacement of sanitary sewer mains at various locations within the
Smoky Hollow Specific Plan area of the City of El Segundo. Project No.: PW 09-
09, (Fiscal Impact: $872,430.39) Authorized the City Clerk to file a Notice of
Completion in the County Recorder's Office.
8. Adopted Resolution No. 4692 establishing policies and procedures for accepting
contributions, donations, gifts, bequests, and devices for public purposes. (Fiscal
Impact: None)
9. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 3, 4, 7, and 8. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT.
CALL ITEMS FROM CONSENT AGENDA
5. Consideration and possible action to adopt annual Resolutions updating the
employer's contribution under the Public Employees' Medical and Hospital Care
Act for the El Segundo Fire Fighters' Association, the El Segundo Police Officers'
Association, the El Segundo City Employees' Association, the El Segundo Police
Support Services Association, and the El Segundo Supervisory and Professional
Employees' Association. Fiscal Impact: $31,611.80.
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PAGE NO. 6
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to adopt
annual Resolutions updating the employer's contribution under the Public Employees'
Medical and Hospital Care Act for the El Segundo Fire Fighters' Association, Resolution
No. 4693, the El Segundo Police Officers' Association, Resolution No.4694, the El
Segundo City Employees' Association, Resolution No. 4695, the El Segundo Police
Support Services Association, Resolution No. 4696, and the El Segundo Supervisory
and Professional Employees' 4/0. COUNCIL PASSED BY
UNANIMOUS VOICE VOTE MEMBER JACOBSON ABSENT
6. Consideration and possible action to award HF & H Consultants, LLC a
Professional Services Agreement, in a form approved by the City Attorney, for
consulting services to aid City staff in the development of a Request for
Proposals for Residential Trash Collection services, and selection and award of a
new waste hauler contract to commence in August, 2011. (Fiscal Impact:
$81,000.00)
Item continued to the December 7, 2010 meeting.
9. Approve a one -year Memorandum of Understanding (Labor Agreement) between
the City of El Segundo and California Teamsters Public, Professional and
Medical Employees Union, Local 911, Police Support Services Employees'
Bargaining Unit. (Fiscal Impact: None)
MOTION by Brann, SECONDED by Council Member Fuentes to approve a one -year
Memorandum of Understanding No. 4097 (Labor Agreement) between the City of El
Segundo and California Teamsters Public, Professional and Medical Employees Union,
Local 911, Police Support Services � COUNCIL MEMBER JACOBSON ABSENT.
BY
UNANIMOUS VOICE VOTE
10. Consideration and possible action to approve Side Letter between the City of El
Segundo and the El Segundo Firefighters' Association regarding salary and
benefit concessions for FY 2009/2010 and FY 2010/2011 by the City of El
Segundo Firefighters' Association. (Fiscal Impact: Estimated savings of
$760,442 for FY 2010/2011)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tem Fisher to
approve Side Letter No. 3928A between the City of El Segundo and the El Segundo
Firefighters' Association regarding salary and benefit concessions for FY 2009/2010
and FY 2010/2011 by the City of El Segundo Firefighters' Association. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON
ABSENT.
F. NEW BUSINESS
REPORTS — CITY MANAGER - None
REPORTS —CITY ATTORNEY -None
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NOVEMBER 16, 2010
PAGE NO. 7
REPORTS — CITY CLERK - City Clerk Mortesen reported on the initiative Petition filed
in the City Clerk's Office on November 11, 2010.
REPORTS — CITY TREASURER- Wished everyone a happy Thanksgiving.
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — spoke regarding the Hyperion meeting she attended.
Council Member Brann — None
Council Member Jacobson — Absent
Mayor Pro Tern Fisher — Briefly reviewed the events of the past two years and the
concessions the City has made regarding the economy, and budget saving measures.
Mayor Busch — Spoke regarding the RSI program and the reduction in the number of
homes eligible for insulation. Stated that the FAA was trying to find a solution for El
Segundo. Spoke regarding the "Salute to El Segundo" Chamber Mixer at Mattel last
month, and the citizen of the year Dr. Bill Watkins.
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.
Loretta Frye, Resident; spoke regarding lock boxes on homes for seniors, and
possibility of seniors being targeted and identified by the lock boxes; spoke regarding
communications with the council and paperless government.
Peggy Tyrell, Resident; spoke regarding the representatives from our current trash
hauler and their contract, and the use of consultant contracts.
Liz Garnholz, Resident; spoke regarding our current trash haulers, and also Fire
personnel contract and service. She also spoke about layoffs, and transferred
employees.
Marc Rener, Resident; spoke regarding the employee cutbacks and the reductions.
MEMORIALS — None
CLOSED SESSION - None
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ADJOURNMENT at 9:02 pm.
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NOVEMBER 16, 2010
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