2011 OCT 04 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 4, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Pro Tern Fisher at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present — arrived at 5:00 p.m.
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- 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:
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) -2- matters
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
NSA Construction vs. City of El Segundo, LASC Case No. BC438182
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): - 2 -
matter.
Wyle Claim
David and Carie Oulashian, 910 Eucalyptus Drive
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2011
PAGE NO. 1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter
Employee Evaluation
Position: City Manager
Employee Evaluation
Position: City Attorney
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6-
matters
Represented Group: Police Support Services Employees Association (PSSEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Unrepresented Group: Executive Management Staff (includes all employees not in
bargaining units)
Negotiator: Mark Hensley, City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2011
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 4, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
(a) Mayor Busch presented a Proclamation to Heidi Marker proclaiming October
12th as El Segundo Herald Day in El Segundo to recognize the El Segundo
Herald for 100 years of service
ROLL CALL
Mayor Busch
Mayor Pro Tern Fisher
Council Member Brann
Council Member Fuentes
Council Member Jacobson
- Present
- Present
- Present
- Present
- 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.
Ron Swanson, Resident; spoke on the dedication ceremony for the refurbished
Performing Arts Theater and the success of the fundraising event for the ED
Foundation.
James Carver, President of El Segundo Supervisory and Professional Employees'
Association; expressed the opposition of the Union to eliminating the Emergency
Services Coordinator position from the budget.
Mike Robbins, Resident; spoke regarding the employee contracts. He urged the Council
not to approve any new employee contracts at this evenings meeting.
Nicole Grossman, Resident; spoke regarding the ingress and egress from the Metro
parking lot on El Segundo Blvd.
Marc Rener, Resident; spoke regarding the employee contracts with the Police Officers,
and Firefighters, and his concerns.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2011
PAGE NO. 3
Wade Stevens, Resident; requested that the City take action on speeding within the
City. He presented a letter and signatures.
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 Jacobson 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)
1. Consideration and possible action to open a public hearing and receive testimony
regarding: 1) an Environmental Assessment; and 2) the South Bay Bicycle
Master Plan. Applicant: City Initiated (Fiscal Impact: N /A)
Greg Carpenter, Planning and Building Safety Director, introduced Marissa Christiansen
of the Bicycle Coalition who gave a report.
Mayor Busch stated that this was the time and place to conduct a public hearing a
public hearing and receive testimony regarding: 1) an Environmental Assessment; and
2) the South Bay Bicycle Master Plan.
Clerk Mortesen stated that proper notice had been given in a timely manner and that 29
communications, one of which included a signed petition, had been received in the City
Clerk's Office.
Marc Rener, Resident; spoke about bicycle riding and activists and taking major arteries
and building bike lanes. He felt that bicycle safety was more important, and the
bicyclists do not "share" the road.
Gary Parsons supported the bicycle plan.
Mike Robbins, Resident; questioned if the Mayor would have a conflict of interest
regarding voting on the Bicycle Plan due to his ownership in a bicycle shop. He also
spoke about the plan.
Claude Gordon spoke in favor of the Bicycle Plan.
Joe Gallani spoke in favor of the Bicycle Plan.
Dean Francois; Friends of the South Bay Bicycle Path. He supported the Plan. He also
stated that the two way bicycle path in one lane is not supported by the South Bay
Bicycle Plan.
Todd DePalo, supported the Bicycle Plan.
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OCTOBER 4, 2011
PAGE NO. 4
Jullian Katz, supported the Bicycle Plan.
MOTION by Mayor Pro Tem Fisher, SECONDED by Council Member Fuentes to close
the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
City Attorney Mark Hensley stated that it was too remote to declare that Mayor Busch
would have a conflict of interest regarding the business here in town.
RESOLUTION NO. 4735
A RESOLUTION APPROVING ENVIRONMENT ASSESSMENT NO. 938 AND THE
SOUTH BAY BICYCLE MASTER PLAN.
MOTION by Mayor Busch, SECONDED by Council Member Brann to adopt Resolution
No. 4735 approving Environmental Assessment No. 938 and the South Bay Bicycle
Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH,
FISHER, BRANN, FUENTES; NOES: JACOBSON 4/1
2. Consideration and possible action to conduct a public hearing and adopt a
Resolution approving the 2010 Urban Water Management Plan (UWMP) for the
City of El Segundo municipal water system. (Fiscal Impact: None)
Mayor Busch stated that this was the time and place to conduct a public hearing to
adopt a Resolution approving the 2010 Urban Water Management Plan (UWMP) for the
City of El Segundo municipal water system.
Clerk Mortesen stated that proper notice had been given in a timely manner and that no
communication had been received in the City Clerk's Office.
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by Mayor Pro Tem Fisher, SECONDED by Council Member Brann to close
the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
RESOLUTION NO. 4736
A RESOLUTION APPROVING THE 2010 URBAN WATER MANAGEMENT PLAN
(UWMP) FOR THE CITY OF EL SEGUNDO MUNICIPAL WATER SYSTEM.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Fisher to adopt
Resolution No. 4736 approving the 2010 Urban Water Management Plan (UWMP) for
the City of El Segundo Municipal Water System. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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OCTOBER 4, 2011
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 2584173 to 2584381 on Register No. 24 in the total
amount of $701,236.90 and Wire Transfers from 09/09/11 through 09/22/11 in
the total amount of $1,878,618.84. 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 September 20, 2011 and
Special City Council Meeting Minutes of September 28, 2011.
5. Second reading by title only and adoption of Ordinance No. 1464 amending the
El Segundo Municipal Code § 1 -6 -4 Regarding Employment Exclusions from
Civil Service to include the Economic Development Analyst.
6. Approved Funding Agreement No. 4190 ( "FA ") between the City of El Segundo
and the Los Angeles County Metropolitan Transportation Authority (LACMTA)
setting the terms for the receipt of Measure R grant funds in the amount of
$2,500,000 for the design and construction of Maple Avenue Arterial
Improvements Project between Sepulveda Boulevard and Parkview Avenue.
Metro Project ID No. MR312.22 and FTIP # LAOG727. (Fiscal Impact: Measure
R Grant Revenue of $2,500,000) Authorized the City Manager to execute the FA
in a form approved by the City Attorney.
7. Adopted Resolution No. 4737 to abandon an existing water easement at 616 and
620 West Imperial Avenue. (Fiscal Impact: None)
8. Received and filed this report without objecting to approval of an Administrative
Use Permit to allow the on -site sale and consumption of alcohol (Type 47 — On
Sale General for Bona Fide Public Eating Place and Type 58 — Caterer's Permit)
at an existing restaurant within an existing 20 -story office tower (Pacific
Corporate Towers) located at 222 North Sepulveda Boulevard. Applicant: Hillary
Condren. (Fiscal Impact: N /A)
9. Received and filed this report without objecting to a request filed with the
Department of Alcohol Beverage Control for a modification of an existing
Alcoholic Beverage Control (ABC) license for on -site sale and consumption of
alcohol to convert from a Type 41 ABC License (On -Sale Beer and Wine) to a
Type 47 ABC License (On -Sale Beer, Wine, and Distilled Spirits) and to expand
the hours of operation at an existing restaurant located at 223 Richmond Street
(Second City Bistro). Applicant: Scott Reed (Fiscal Impact: N /A)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2011
PAGE NO. 6
10. Approved request from El Segundo Lacrosse to reduce field fees to $50 per hour
while hosting a Lacrosse Spring Break Program for teams across the country
from February 12, 2012, through April 21, 2012. (Fiscal Impact: $22,500
Revenue; $45,000 Uncollected Revenue)
11. Granted California Construction & Development's (CCD) request to withdraw its
bids in accordance with Public Contract Code Section 58101 and (2) awarded
Contract No. 4191 in the amount of $190,500.00 to Best Contracting Services,
Inc. for Miscellaneous Roof Repairs at George E. Gordon Club House, the City
Library and the Urho Saari Swim Stadium. (Fiscal Impact: $200,000.00)
12. PULLED FOR DISCUSSION BY MAYOR BUSCH
13. PULLED FOR DISCUSSION BY MAYOR BUSCH
14. PULLED FOR DISCUSSION BY MAYOR BUSCH
15. PULLED FROM CONSIDERATION BY CITY ATTORNEY MARK HENSLEY
16. PULLED FOR DISCUSSION BY MAYOR BUSCH
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to approve
Consent Agenda Items 3, 4, 5, 6, 7, 8, 9, 10, and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
12. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the El
Segundo Firefighters' Association. (Fiscal Impact: Estimated Savings FY
2011/2012 of $ 997,430)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to Adopt Resolution
No. 4738 approving the Memorandum of Understanding (Labor Agreement No. 4192)
between the City of El Segundo and the El Segundo Firefighters' Association. MOTION
PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, JACOBSON.
NOES: FUENTES, BRANN. 3/2
13. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the El
Segundo Police Managers' Association. (Fiscal Impact: Estimated Savings FY
2011/2012 of $ 205,490.24)
14. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the El
Segundo Police Officers' Association. (Fiscal Impact: Estimated Savings FY
2011/2012 of $1,059,921.37)
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OCTOBER 4, 2011
PAGE NO. 7
16. Consideration and possible action regarding salary and benefit concessions by
the City's unrepresented group of Executive employees as follows: non - safety
Department Heads pay seven percent (7 %) of the PERS Member Contribution
and b. Public Safety Department Heads pay nine percent (9 %) of the PERS
Member Contribution. (Fiscal Impact: Estimated Savings FY 2011/2012 of
$133,398)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to: a) Adopt
Resolution No. 4739 approving the Memorandum of Understanding (Labor Agreement
No. 4193) between the City of El Segundo and the El Segundo Police Managers'
Association; b) Adopt Resolution No. 4740 approving the Memorandum of
Understanding (Labor Agreement 4194) between the City of El Segundo and the El
Segundo Police Officers' Association; c) Adopt Resolution No. 4741 approving
amending salary and benefit concessions by the City's unrepresented group of
Executive employees as follows: non - safety Department Heads pay seven percent (7 %)
of the PERS Member Contribution and b. Public Safety Department Heads pay nine
percent (9 %) of the PERS Member Contribution. MOTION PASSED BY FOLLOWING
VOICE VOTE. AYES: BUSCH, FISHER, JACOBSON; NOES: FUENTES, BRANN. 3/2
F. NEW BUSINESS
REPORTS — CITY MANAGER Thanked all the bargaining units for their cooperation
and professional manner in which they entered the negotiations; Thanked the
Department Heads for the leadership they have shown, and the high quality of work and
commitment to their jobs and the City. Looking forward to working with the employees
to see what is next.
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Congratulations to Don Brann on being honored by El
Camino College as Alumni of the Year; the Celebration for the opening of the
Performing Arts Theatre; and the Chamber of Commerce presentation honoring the
military.
Council Member Brann — Commented on the Salute to the Military event; Spoke on the
California League of Cites Conference; and Los Angeles Economic Development
Corporation. He stated that he will be taking his full Council salary for the next fiscal
year.
Council Member Jacobson — Commented on the Salute to the Military event; and
opening for the Performing Arts Theatre.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2011
PAGE NO. 8
Mayor Pro Tern Fisher — Commented on the Salute to the Military event and the
auditorium opening event.
Mayor Busch —
17. Consideration and possible action to direct staff to prepare a zone text
amendment to allow mechanical equipment and other accessory structures to
encroach into interior (side and rear) yards in commercial and industrial zone
districts. (Fiscal Impact: none)
Consensus to direct staff to prepare a draft zone text amendment amending El Segundo
Municipal Code (ESMC) §15 -2 -7 to allow mechanical equipment and other accessory
structures to encroach into interior (side and rear) yards in commercial and industrial
zone districts.
Commented on the salute to the Military and the School Celebration.
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.
Marc Rener, Resident; spoke regarding the Employee contracts.
Jack Axlerod, Resident; stated he was against the Invocation at the beginning of the
Council meeting and the Pledge of Allegiance. He also requested Council educate and
enlighten him. He requested the front window outside the Chamber be cleaned and the
Wall of Honor to be moved. He also would like the Civic Center Plaza redesigned and
updated.
Mike Robbins, Resident; expressed his displeasure at the employee contracts being
voted on tonight and the public not having time to review them.
MEMORIALS — None
CLOSED SESSION — None
ADJOURNMENT at 9:35 p.m.
Cindy Mo esen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL_ MEETING
OCTOBER 4, 2011
PAGE NO. 9