2011 OCT 18 CC MINn
M
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 18, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present — arrived at 5:02 p.m.
Council Member Brann
- Present — arrived at 5:01 p.m.
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) -3- 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
Sipple v. City of Alameda, LASC Case No. BC462270
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- matter.
Wyle Claim
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 1
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
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):-3-
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
1%• Unrepresented Group: Executive Management Staff (includes all employees not in
bargaining units, except department heads)
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 18, 2011
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 18, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Assistant Pastor Mike Sternad, Calvary Chapel
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
(a) Mayor Busch presented a Proclamation to Rotary President Alisa Albers,
proclaiming October 23, 2011, World Polio Day to encourage all citizens to join
Rotary International in the fight for a polio -free world.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tern Fisher - Present
Council Member Brann - Present
Council Member Fuentes - 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.
Scott Gobble, Southern California Edison, presented a certificate of appreciation to the
City of El Segundo for its commitment to energy efficiency.
Sam Pena, Consolidated Disposal Services, spoke regarding their new trash contract
commencing November 1St
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 3
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern 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)
1. Consideration and possible action to open a public hearing and receive testimony
regarding: 1) a Zone Text Amendment amending the El Segundo Municipal Code
( "ESMC ") to add a new Chapter 15 -24A regulating dedication and improvement
of public rights -of -way. Applicant: City Initiated (Fiscal Impact: N /A)
Mayor Busch stated that this was the time and place to open a public hearing and
receive testimony regarding: 1) a Zone Text Amendment amending the El Segundo
Municipal Code ( ESMC) to add a new Chapter 15 -24A regulating dedication and
improvement of public rights -of -way. Applicant: City Initiated
Clerk Domann that said that proper notice of the hearing was given and no written
communication had been received regarding the hearing in the City Clerk's Office.
Greg Carpenter, Director of Planning and Building Safety gave a report.
Toni Reina, Continental Development, requested Council consider one small change to
the Ordinance in Section 15- 24 -A2, modifying this section so that the dedication is
made prior to issuing a Certificate of Occupancy.
City Attorney Mark Hensley stated that Section 15 -24 -A2 could be modified to state that
property dedications must be noted on the approved plans for the project and finalized
before the City issues a Certificate of Occupancy for the proposed project.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to close
the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read the Ordinance by title only.
ORDINANCE NO.1465
AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE EL SEGUNDO
MUNICIPAL CODE REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC
RIGHTS -OF -WAYS.
Council Member Brann introduced the Ordinance as amended.
Second reading and adoption scheduled for November 1, 2011.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 4
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 2584382 to 2584629 on Register No. 1 in the total
amount of $940,492.53 and Wire Transfers from 09/23/11 through 10/06/11 in
the total amount of $415,095.79. 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.
3. Approved Regular City Council Meeting Minutes of October 4, 2011.
4. Adopted Resolution No. 4742 by four -fifths vote to authorize a no -bid public
works contract for the emergency repair of the broken sewer pipes and
associated plumbing system at the Lakes Golf Course located at 400 S.
Sepulveda Boulevard. (Fiscal Impact: 14,950); Authorized the City Manager to
award Contract No. 4195 to Brian Shields Plumbing for the bid amount of
$13,000 to repair the plumbing system at the Lakes Golf Course; Approved a
project budget of $14,950 which includes a 15% contingency.
5. Introduction and first reading by title only of Ordinance No. 1466 amending
W Chapter 9 -3 of the El Segundo Municipal Code (ESMC) in its entirety regarding
Street Trees. The changes will include (a) allowing property owners to voluntarily
apply for a permit from the Recreation and Parks Department to hire approved
contractors to expedite the removal or maintenance of public trees at their own
convenience and expense; (b) allowing staff to remove and replace trees that are
underperforming and have lost their aesthetic value and purpose. (Fiscal Impact:
None) Approved revised Administrative Policies and Procedures for Street Trees
in the Master Street Plan to include criteria allowing staff to remove and replace
trees that are underperforming and have lost aesthetic value and purpose.
6. Approved the use of equipment replacement and asset forfeiture funds by the
Police Department to replace an elliptical trainer and purchase supplemental
fitness equipment and replacement flooring for the Police Department gym
utilizing equipment replacement and asset forfeiture funds. (Fiscal Impact:
$4,950 GF; $46,853 AF)
7. Authorized the City Manager to execute Takeover Agreement No. 4196 with First
National Insurance Company of America in a form approved by the City Attorney
to complete construction of the Beach Bathroom Facility and Lifeguard Station at
El Segundo Beach Project PW 10 -09.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 5
8. Adopted Resolution No. 4743 amending the salary and benefits for the City's
unrepresented group of Management/Confidential employees. (Fiscal Impact:
Estimated FY 2011/2012 Savings of $264,906.)
9. Approved a revised Class Specification for the position of Police Officer. (Fiscal
Impact: N /A)
10. Adopted Resolution No. 4744 for Cal PERS Employer Paid Member
Contributions for Executives, Resolution No. 4745 for Cal PERS Employer Paid
Member Contributions for Management & Confidential, Resolution No. 4746 for
Cal PERS Employer Paid Member Contributions for Fire Management,
Resolution No. 4747 for Cal PERS Employer Paid Member Contributions for
Police Managers' Association and Police Officers' Association. (Fiscal Impact:
Estimated Savings for Fiscal Year 2011 -12 of $477,286)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to
approve Consent Agenda Items 2, 3, 4, 5, 6, 7, 8, 9, and 10. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
11. Consideration and possible action regarding 1) Providing another designated
Retirement Period (pursuant to Government Section 20903) by offering two years
additional service credit for specified eligible classes of employees; 2)
Certification of Compliance with Government Code Section 20903; and 3)
Approval of Early Retirement Incentives for employees entering into a Date -
Certain Retirement Separation Agreement with the City. (Fiscal Impact:
Estimated increase in the City's PERS miscellaneous employer rate of 0.11 % for
4 potential retirements, estimated increase in the City's PERS safety employer
rate of 0.42% for 7 potential retirements and an annual cost increase in FY 2013-
2014 of $15,000 for Miscellaneous and $61,000 for Safety for a combined
increase of $76,000 annually; Estimated salary savings net of incentives for FY
2011/2012 total $784,202.)
Deborah Cullen, Finance Director, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 6
MOTION by Council Member Fuentes, SECONDED by Mayor Busch to approve
+ bw another designated Retirement Period for specific eligible classes of employees;
Certify Compliance with Government Code Section 20903; Approve a $2,000
payment to eligible Miscellaneous and Safety employees entering into a Date -
Certain Retirement Separation Agreement with the City and authorize the
payment of up to $223,000 in cash incentives for Fire employees entering into a
Date - Certain Retirement Separation Agreement. Eligible employees would
receive only one of the incentive payments listed above; Authorize the City
Manager to execute the Date - Certain Retirement Separation Agreement, in a
form approved by the City Attorney. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: BUSCH, FISHER, FUENTES, JACOBSON; NOES: BRANN.
4/1
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER - Reported on Kiwanis Club activities.
K. REPORTS — CITY COUNCIL MEMBERS
rte,, Council Member Fuentes — Spoke regarding the recent Fire Department Promotion
Ceremony, 100 Year Anniversary of the El Segundo Herald, Rotary Fire Prevention
Poster Contest Luncheon, the Great Shake Out in Manhattan Beach, CERT Program,
and the Rotary Polio -Free Dinner.
Council Member Brann — NONE
Council Member Jacobson — NONE
Mayor Pro Tern Fisher —NONE
Mayor Busch — Thanked El Segundo Kiwanis for their recent Golf Tournament Fund
Raiser and the upcoming Halloween Haunt on October 31St. Spoke on the Second
Quarter Sales Tax and noted point of sale receipts were up 25.4% from last year.
Requested staff look into the potential use of the El Segundo High School Performing
Arts Theater by private entities.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 7
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. - NONE
MEMORIALS — NONE
CLOSED SESSION — NONE
ADJOURNMENT at 7:50 p.m.
Cathy Dom n, D Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2011
PAGE NO. 8