2012 Sep 04 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 4, 2012 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 5:02 p.m.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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..
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to the items listed on the agenda and that the government Code
§54957 item (Discussion of Personnel Matters) was removed from the agenda.
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) -5- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
Willmore vs. City of El Segundo, LASC Case No. YC067196
Sonek vs. City of El Segundo, WCAB Case No. ADJ8035015
Usmani vs. City of El Segundo, WCAB Case No. ADJ712.905, ADJ7129188,
ADJ 129295
Hurst vs. City of El Segundo, LASC Case No. YC067196
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 1
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter
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: Supervisory and Professional Employees Association (SPEA)
Negotiator: Greg Carpenter, City Manager
Unrepresented Group: Executive Management Group (City Department Heads)
Negotiator: Greg Carpenter, City Manager
Unrepresented Group: Management Confidential Group (Non- represented, non -
department head employees)
Negotiator: Greg Carpenter, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
Sale or Lease of City Owned Property (Price and Terms):
Real Property: City owned parking lot at Corner of Main Street and Grand Avenue
(Assessor Parcel Number: 4135 - 003 -901)
City's Negotiator: Greg Carpenter, City Manager
Council recessed at 6:55 p.m..
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 4, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:02 p.m.
INVOCATION — Father Alexei Smith, St. Andrew Russian Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
PRESENTATIONS
Mayor Pro Tern Fuentes presented a Commendation to the El Segundo High School
Choir for their participation in the 2012 Summer Games.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
NONEA. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Fisher, SECONDED by Council Member Atkinson to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
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SEPTEMBER 4, 2012
PAGE NO. 3
SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open public hearing regarding the
presentation of the Fiscal Year 2012 -2013 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures.
(Fiscal Impact: Total revenues of $113,605,900.00; Total Expenditures of
$127,010,100.00; General Fund Revenues of $52,192,300.00, Expenditures of
$52,192,300.00)
Mayor Jacobson stated that this was the time and place to conduct a public hearing and
receive the staff presentation of the 2012 -2013 Preliminary Budget and Council
direction to staff regarding all City revenues and expenditures.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
Debra Cullen, Finance Director, gave a report.
Chris Powell, City Treasure, gave a report on investable funds.
Opened Hearing to the public:
Gail Church, ES Resident, spoke on behalf of reducing tree maintenance.
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to
continue the Public Hearing and adopt the budget on September 18, 2012. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
B, UNFINISHED BUSINESS
2. Consideration and possible action regarding Adoption of an Ordinance to
approve an Amendment to the Contract between the Board of
Administration of the California Public Employees' Retirement System
(CaIPERS) and the El Segundo City Council to (a) Provide Government
Code Section 20516(a) (3% Employee Cost Sharing of Additional
Benefits) applicable to Local Fire Members and (b) Provide Government
Code Section 20475 (Different Level of Benefits for the 3% @ 55 formula)
for Local Police Members entering into membership after the effective
date of the Contract.
(Fiscal Impact: 1.) Cost savings based on the 3% Cost Sharing under GC
§ 20516(a) estimated at $164,534.08 for Fiscal Year 2012/13 2.) Unknown
decrease in the employer safety rate as new employees are hired into the
Second Tier).
Debra Cullen, Finance Director, gave a brief presentation,
Mark Hensley, City Attorney, read by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 4
Ordinance No. 1471
An Ordinance authorizing an amendment to the Contract between the City Council of
the City of El Segundo and the Board of Administration of the California Public
Employees' Retirement System
MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher, to
adopt Ordinance No 1471 and Contract Amendment No. 537EE. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
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.
3. Approved Warrant Numbers 2588833 - 2589054 on Register No. 22 in the total
amount of $1,089,507.44 and Wire Transfers from 8/03/12 through 8/16/12 in the
total amount of $3,034,169.86. 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 City Council Meeting Minutes of August 21, 2012
and Special Strategic Planning Meeting Minutes of August 16, 2012.
5, Adopted Resolution No. 4784 authorizing the annual destruction of identified
records in accordance with the provisions of Section 34090 of the Government
Code of the State of California.
6. Adopted Plans and Specifications and authorized staff to bid the project for
receipt of construction bids for the Replacement of Apparatus Bay Doors at Fire
Station No. 1, Project No. 10 -10.
7, Adopted Resolution No. 4779 to approve an Environmental Assessment (EA No,.
959) for a proposed Addendum to a Mitigated Negative Declaration, including
the Errata to the Addendum and the Mitigation Monitoring and Reporting
Program (MMRP) and a General Plan Amendment (GPA No. 12 -01) and
adopted Ordinance No. 1470 approving the 222 Kansas Street Specific Plan
project by adopting Specific Plan Amendment No. 12 -01; Zone Change No.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 5
12 -01; Zone Text Amendment No. 12 -01; and approving development
Agreement No. 12 -01; Subdivision No. 12 -02 (Vesting Tentative Map No.
71903); and Site Plan Review No. 12 -01 for the site located at 222 Kansas
Street. Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC
8. Authorized the City Manager to execute standard Public Works Contract No.
4320 in a form as approved by the City Attorney with American Asphalt South,
Inc., in the amount of $305,970.25 for slurry sealing Public Works Project No. 12-
05.
MOTION by Council Member Fisher, SECONDED by Council Member Atkinson to
approve Consent Agenda items 3, 4, 5, 6, 7 and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
CALL ITEMS FROM CONSENT AGENDA
NEW BUSINESS
Presentation by Chief Tavera regarding the Police Departments' Operation Plan
surrounding the Shuttle Endeavor landing.
REPORTS — CITY MANAGER — Thanked all the ES Department heads with their help
on presenting a balanced budget.
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Thanked the department heads as well. Also, thanked Mrs.
Church for her passion and bringing forward her concerns about tree care and
maintenance.
Council Member Atkinson — Encouraged all citizens to attend the Shuttle Endeavor
landing on September 20, 2012.
Council Member Fisher — None
Mayor Pro Tern Fuentes —
10. Consideration and possible action to adopt a resolution urging members of
Congress to pass and the White House to sign legislation to avert across -the-
board fiscal year 2013 sequestration cuts.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 6
Mark Hensley, City Attorney, read by title only:
Resolution No. 4785
A resolution urging members of Congress to pass and the White House to sign
legislation to avert across - the -board fiscal year 2013 sequestration cuts.
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to
adopt Resolution No. 4785. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
Mayor Jacobson — Spoke on the great car show last weekend. Also, suggested
everyone attend the Fire Pancake Breakfast on Saturday, Sept. 8 from 8:30 -11:30 am.
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.
Dr. Vince Marcel, Body Doc, invited everyone to join them in celebrating 118 years of
Chiropractic on September 28, 2012 from 8:00 am to 7:00 pm. Bring in a bag of
groceries or donate $25.00 and receive an adjustment. All proceeds will benefit
C.A.S.E.
MEMORIALS — None
CLOSED SESSION - None
ADJOURNMENT AT 8:17 PM
Tra y Wea r, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2012
PAGE NO. 7