2011 FEB 21 - CC PACKET SPCSPECIAL
MEETING AGENDA
EL SEGUNDO CITY COUNCIL
CITY COUNCIL CHAMBERS - 350 Main Street
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jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the
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SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
MONDAY, FEBRUARY 21, 2011 — 6:30 P.M.
CALL TO ORDER
ROLL CALL
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 before addressing the City Council.
Failure to do so is a misdemeanor and punishable by a fine of $250.
Special Orders Of Business:
1. Appointment of labor negotiators for purposes of negotiating an employment
agreement with the City Manager candidate.
Recommended Action: Appoint Eric Middleton, Consultant (Recruiter), and Mark Hensley,
City Attorney, as the City's negotiators. Alternatively, take other action related to this item.
2. Consideration and possible action regarding Council authorization of one or more of
its members drafting the argument and rebuttal arguments against Measure P (Fire
Services Ballot Measure set for the April 10, 2012 election).
Recommended Action: (1) By Motion appoint the author(s) of argument and rebuttal
argument against Measure P. (2) Take alternative action that may be desired.
STAFF REPORT FOR ITEM NO. 2 TO BE MADE AVAILABLE AT THE MEETING
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown
Act (Government Code Section §54960, et se q.) 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:
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matter
City Negotiators /Representatives: Eric Middleton, Consultant and Mark Hensley, City Attorney
and /or other individuals appointed pursuant to agenda item no.1 above.
Unrepresented Employee: City Manager Candidate
ADJOURNMENT—
POSTED:
DATE: � - - 1
TIME: -7 "!U
NAME:
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EL SEGUNDO CITY COUNCIL MEETING DATE: February 21, 2011
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action regarding Council authorization of one or more of its members
drafting the argument and rebuttal arguments against measure P.(Fire Services Ballot Measure set for
the April 10, 2012 election.)
RECOMMENDED COUNCIL ACTION:
1. By Motion appoint the author(s) of argument and rebuttal argument against Measure P.
2. Alternatively, take other action related to this item
ATTACHED SUPPORTING DOCUMENT
FISCAL IMPACT: None
r,\
ORIGINATED BY: Cindy Mortesem City, rk-
REVIEWED By: Mark Hensley, Citytprney
BACKGROUND AND DISCUSSION:
On February 15, 2011, the City Council took action to place the Initiative on the April, 2012
Regular Municipal Election. At that time Council did not take an action to appoint or authorize
a member of the Council to author and submit an argument against the Measure. Arguments
are due in the City Clerk's office by 5:30 p.m. March 1, 2011.
Pursuant to Elections Code §9282 (a) Measures placed on the ballot by petition, the person(s)
filing an initiative petition pursuant to this article may file a written argument in favor of the
ordinance, and the legislative body may submit an argument against the ordinance. Therefore
Council is requested to determine whether they will appoint one of the members thereof to
draft the arguments and rebuttal arguments against the measure.
The City Clerk/Elections Official shall follow the format for ballot arguments provided in
subsections (d), (e) and (f) of §9282 of the California Elections Code. Council adopted
Resolution No. 4713 at the February 15, 2011 meeting which defines the requirements for all
Ballot Arguments.
If more than one argument for or against the Measure is submitted to the City Clerk/Elections
Official within the time prescribed, pursuant to §9287 of the California Elections Code, she
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shall select one of the arguments in favor and one of the arguments against the Measure for
printing and distribution to the voters.
The City Clerk/Elections Official shall give preference and priority, in the order named, to the
arguments of the following:
The City Council, or member(s) or members of the body authorized by the City Council.
The individual voter or bona fide association of citizens, or combination of voters and
associations, who are the bona fide sponsors or proponents of the measure.
Bona fide associations of citizens.
Individual voters who are eligible to vote on the measure.
Pursuant to §9285(a)(1) of the California Elections Code, after the City Clerk/Elections Official
has selected the arguments for and against the Measure which will be printed and distributed
to the voters, she shall send copies of the argument in favor of the Measure to the authors of
the argument against the Measure, and copies of the argument against the Measure to the
authors of the argument in favor of the Measure.
February 21, 2011
EL SEGUNDO FIREFIGNTERS! ISSOCITION
I.A.F.F. LOCAL 3682
Chris Thomason, President
P.O. Box 55 El Segundo, CA 90245
Honorable Members of the El Segundo City Council
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
Dear City Council Members,
At its February 15 meeting, the El Segundo City Council voted 3 -2 (City Council
Members Carl Jacobson, Suzanne Fuentes and Bill Fisher voting YES) to place the
Fire and Emergency Medical Service Preservation Ordinance ( "Ordinance ") on the
regularly scheduled April 2012 City Election ballot.
In discussion before the vote, City Council Member Fisher asked the City Attorney if
it would have been possible for a private party to pay the City's cost for a stand
alone City Special Election (City Clerk Cost Estimate: $60,000). City Attorney Karl
Berger answered YES.
Mr. Berger also said that the same rule would apply to a City Special Election that
could be consolidated with the expected 2011 Statewide Special Election to be
called by Governor Jerry Brown or the Congressional Special Election that must be
called to fill the House of Representatives seat soon to be vacated by retiring
Congresswoman Jane Harman (City Clerk Cost Estimate: $35,000).
Believing that it is important for El Segundo voters to cast their vote for or against
the Ordinance sooner rather than later, an ordinance that would save taxpayers
between $39 million and $68 million over ten years, members of the El Segundo
Firefighters Association took it upon themselves to raise the estimated $60,000
needed to cover the City's stand alone Special Election costs.
Next page, please
Page Two
Given this new development, we respectfully ask tonight that the City Council set a
Special Meeting as soon as possible, preferably no later than Thursday, February 24,
2011. We ask that the City Council's February 15 vote to place the Ordinance on the
April 2012 ballot be reconsidered and a City Special Election, now at no cost to
taxpayers, be called in its place.
We hoped that our proposal could have been placed on tonight's Special Meeting
agenda. However, a general membership vote by our Association was needed
before we could commit to $60,000 in expenditures.
As authorized by a unanimous vote of our membership on Saturday, February 19,
I hereby deliver to the City Council tonight two checks totaling $60,000, each one
made payable to the City of El Segundo.
One check is for $35,000. It will cover the estimated costs associated with a
Consolidated Special Election. The other check is for $25,000. The $25,000 check is
only to be used to cover the remaining costs associated with a stand alone City
Special Election - one that must be held in the event that the Governor, for any
reason, does not call a 2011 Statewide Special Election or a 2011 Congressional
Special Election.
We ask that each check be held in escrow until such time as the Governor either
calls a 2011 Statewide Special Election or calls the required 2011 Congressional
Special Election to fill the vacated Harman seat, or calls both Special Elections in
consolidation.
It is understood that, once the Governor calls either one of these Special Elections,
either independently or both in consolidation, that the City Council will take all
steps necessary to consolidate the City Special Election set at the requested Special
Meeting with any one of those dates.
And, once the City Special Election is consolidated, it is understood that the
remaining $25,000 check held in escrow to cover costs associated with a stand alone
City Special Election, would be returned to the firefighters association no more than
10 days after the Ordinance has been placed on the Consolidated Special Election
ballot.
Sincerely,
Captain Chris Thomason
President, El Segundo Firefighters Association