2015 Sep 01 - CC PACKETAGENDA
EL SE ''UNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 1, 2015 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
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 may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) 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(d)(1): -3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Penuelas vs. City of El Segundo, LASC Case No. BC523072
3. O'Leary v. City of El Segundo WCB /EAMS Nos. ADJ8702179 and 918053
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -5- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
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CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory and Professional Employees Association; City
Employees Association; Executive Management Group (Unrepresented Group);
Management/Confidential Group (Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 1, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Scott Lambert, Hilltop Community Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Atkinson
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PRESENTATIONS
ROLL CALL
PUBLIC COMMUNICATIONS — (Related _toCity 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.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
C:
1. [CONTINUED ITEM #C1 FROM AUGUST 18, 2015 CITY COUNCIL MEETING]
Rescission of Brown Act Commitment - In Accordance with Government
Code Section 54960.2 (e), consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, not to hold
further closed session meetings regarding real property negotiations with
regard to ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due
Diligence and Ground Lease Agreement ( "Agreement ") to lease the driving
range portion of the Lakes Golf Course from the City for the purpose of
developing a Top Golf facility.
(Fiscal Impact: unknown — depends on whether legal proceedings are
commenced.)
Recommendation — 1) Consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, to not hold further
closed session meetings regarding real property negotiations with regard to
CenterCal's proposal to enter into an Agreement to lease the driving range
portion of the Lakes Golf Course from the City for the purpose of developing a
Top Golf facility; 2) Delay consideration of this item to a future date and give
notice of such delay to Ms. Geist in accordance with Government Code Section
54960.2; 3) Alternatively, discuss and take other action related to this item.
2. Consideration and possible action regarding receiving an update with
respect to the City's negotiations with CenterCal and Top Golf regarding
the draft Due Diligence Lease Agreement that provides for the leasing of
the driving range at the Lake's Golf Course to CenterCal and Top Golf for
purposes of operating a Top Golf facility and the reconstruction of the golf
course.
(Fiscal Impact: None)
Recommendation — 1) Consideration and possible action regarding receiving an
update regarding the Agreement negotiations and provide feedback to City
Manager and City Attorney as appropriate; 2) Alternatively, discuss and take
other action related to this item.
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.
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3. Warrant Numbers 3007333 through 3007522 on Register No. 22 in the total
amount of $563,765.29 and Wire Transfers from 8/10/2015 through
8/16/2015 in the total amount of $3,100,864.89.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
4. Special City Council Meeting Minutes of August 17, 2015.
Recommendation — Approval.
5. Consideration and possible action to receive and file this report regarding
emergency work to repair dwelling units at the Park Vista Senior Housing
Facility due to water intrusion without the need for bidding in accordance
with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal
Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A-4.
(Fiscal Impact: $50,000.00)
Recommendation — 1) Receive and file this report regarding emergency work to
repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code
§§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC') §§ 1 -7 -12 and 1-
7A-4 2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding authorization for the Police
Department to purchase forty (40) VIEVU LE3 Body Worn Video /Audio
Recorder Systems from L3 Communications in amount of $36,480.56. The
purchase would piggyback on existing U.S. General Services
Administration (GSA) Contract # GS 07F- 5377P.
Fiscal Impact: $36,480.56 from COPS Grant Fund.)
Recommendation — 1) Approve the purchase of forty (40) VIEVU LE3 Body Worn
Video /Audio Recorder Systems from L3 Communications using COPS Grant
Funds; 2) Pursuant to El Segundo Municipal Code §1 -7 -10, waive the bidding
process and authorize the City Manager, or designee, to execute an agreement
in a form approved by the City Attorney with L3 Communications piggybacking
on a GSA Contract # GS 07F- 5377P; 3) Alternatively, discuss and take other
action related to this item.
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7. Consideration and possible action regarding a thirty (30) day provisional
appointment extension for the position of Interim Wastewater Supervisor in
the Public Works Department.
(Fiscal Impact: $0) _
Recommendation — 1) Approve the thirty (30) day provisional appointment
extension for the position of Interim Wastewater Supervisor; 2) Alternatively,
discuss and take other action related to this item.
8. Consideration and possible action to 1) award a standard Public Works
Contract to the lowest responsible bidder, FS Construction for the 2014-
2015 Curb, Gutter, Sidewalk, and other Concrete Improvements Project, 2)
amend the Maintenance Agreement with West Coast Arborist for tree
removal and replacement at locations associated with the Project, 3)
authorize additional work up to the budgeted amount. Project No. PW 14-
16.
(Fiscal Impact: $500,000.00
Recommendation — 1) Authorize the City Manager to execute a standard Public
Works Contract in a form as approved by the City Attorney with FS Construction
in the amount of $229,922.75 for the 2014 -15 Curb, Gutter, Sidewalk and other
Concrete Improvements Project; 2) Authorize the City Manager to amend the
Maintenance Agreement with West Coast Arborist, in a form approved by the
City Attorney, for tree removal and replacement services associated with the
concrete repairs for an amount not to exceed $55,000.00; 3) Authorize an
additional contingency of $15,077.25 for unforeseen conditions; 4) Authorize an
additional $200,000.00 for additional Project locations based on the Contractor's
unit bid price; 5) Alternatively, discuss and take other action related to this item.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
9. Consideration and possible action relating to State Legislation (Assembly
Bill 254 and Senate Bill 415) regarding local election dates.
(Fiscal Impact: $0)
Recommendation — 1) Oppose AB 254 and SB 415, and direct staff to send the
attached, proposed letter to Governor Jerry Brown opposing the legislation; 2)
Alternatively, discuss and take other action related to this item.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
Council Member Atkinson —
Council Member Dugan -
Mayor Pro Tern Jacobson —
Mayor Fuentes —
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.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) 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.
WE
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: $.2lip -I
TIME: 2. Z6-
NAME: CA�� �()6640�
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THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 2015
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Rescission of Brown Act Commitment - In Accordance with Government Code Section 54960.2 (e),
consideration and possible action to rescind the commitment made by the City Council on November 5,
2013, not to hold further closed session meetings regarding real property negotiations with regard to
ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due Diligence and Ground Lease
Agreement ( "Agreement ") to lease the driving range portion of the Lakes Golf Course from the City for
the purpose of developing a Top Golf facility. (Fiscal Impact: unknown — depends on whether legal
proceedings are commenced.)
RECOMMENDED COUNCIL ACTION:
1. Consideration and possible action to rescind the commitment made by the City Council on
November 5, 2013, to not hold further closed session meetings regarding real property
negotiations with regard to CenterCal's proposal to enter into an Agreement to lease the driving
range portion of the Lakes Golf Course from the City for the purpose of developing a Top Golf
facility; or
2. Delay consideration of this item to a future date and give notice of such delay to Ms. Geist in
accordance with Government Code Section 54960.2; or
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
November 5, 2013, Staff Reports (with attachments); and,
Letter of May 8, 2015 to Ms. Geist
FISCAL IMPACT: $
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Mark D. Hensley, City Attorne
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
This item is being brought back for Council consideration based upon direction given by
Council at its May 5, 2015, regular City Council meeting (Staff Report Attached). At that
time, staff provided background information to Council including the fact that the City
Council had approved the Agreement on November 5, 2013 and subsequently approved minor
amendments to the Agreement as well as a reimbursement agreement on March 18, 2014.
Staff reported that Center Cal had not signed and returned the Agreement and that the Council
then subsequently withdrew the option for CenterCal to execute the Agreement. CenterCal on
April 28, 2015 sent a new communication to the City proposing new terms. On May 5, 2015,
BIR
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the City Council directed the City Attorney's office to notify Ms. Deborah Geist that the
Council would consider rescinding its 2013 commitment not to hold closed sessions regarding
this matter. At its May 5th meeting, the Council noted that it would need to consider whether a
closed session was needed to discuss CenterCal's new terms and conditions.
Council was reminded that Ms. Geist would need to be provided 30 days written notice that
the Council will be holding a public session meeting to consider rescinding its commitment to
not have further closed session discussions regarding the Agreement (Staff Report Attached).
The Council would then need to meet thirty or more days after the notice date and consider a
public agenda item which, if passed by a majority of the members of the City Council, would
rescind the prior commitment made by Council and the Council could then schedule a closed
session meeting to discuss different lease payments or payment terms. If the Council does
rescind the letter it would restore Ms. Geist's rights (as well as any other interested party's
right, including the District Attorney's), if any, to commence a legal action for alleged Brown
Act violations.
On May 8, 2015, a letter was transmitted to Ms. Geist (with a copy to the District Attorney's
Office as required by the Brown Act), informing her that the Council on June 16, 2015 would
be meeting to discuss the potential of rescinding it prior action regarding closed session
negotiations relating to the Top Golf Agreement.
The November 5, 2013, staff report and attachments provide the details regarding Ms. Geist's
allegations of Brown Act violations and the City's response to same. It did not appear that
there were any Brown Act violations, but in order to avoid unnecessary legal actions,
particularly since the City understood the negotiations were completed, the Council approved
staffs recommendation to issue the commitment that it would not hold further closed session
meetings regarding the Agreement. However, the action referenced, and the Brown Act
provides that the Council may rescind such a commitment at a public meeting
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EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2013
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to authorize the Mayor to execute a letter in response to a
"cease and desist" letters received on October 1, 2013 and October 17, 2013 from Debra Geist
alleging various violations of the Ralph M. Brown Act relating to City's negotiations to lease out
a portion of "the Lakes" golf course. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive and file the letters dated October 1, 2013 and October 15, 2013 alleging
various violations of the Ralph M. Brown Act;
2. Authorize the Mayor to execute the draft response letter;
3. Take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter dated October 15, 2013 (received October 17, 2013);
2. Draft response letter,
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mark D. Hensley, City Attorney -
Karl H. Berger, Assistant t'itai zrrir�y`
BACKGROUND AND DISCUSSION:
On October 1, 2013 and October 17, 2013, the City Clerk's office received letters alleging that
the City Council violated various provisions of the Ralph M. Brown Act when it considered the
future of "the Lakes" municipal golf course (see attached Exhibit A — the letters are identical
except for with respect to the dates set forth on the letters). These are referred to as the "October
2013 Letters."
As the City Council is aware — and is quite public — the City was approached by two private
companies in 2012 regarding a proposal for the Lakes municipal golf course. In general, the
proposal is for Centercal, LLC to make various improvements to the golf course and the driving
range; for Top Golf to operate the golf course; and for the City to receive a significant increase in
rent over a period of potentially fifty years, The details of this deal is set forth in the due
diligence and lease agreement that is being considered by the City Council as a separate agenda
item for November 5, 2013.
Since first being approached by these companies, the City Council undertook a number of
actions to not only negotiate potential deal points to implement a proposal (as set forth in the 1
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draft lease agreement), but also to solicit public input and dialogue regarding the desirability of
undertaking such an arrangement. Such activities include, without limitation;
Public meetings by the City Council and Golf Course Subcommittee in August 2012
regarding the Lakes including a Powerpoint presentation regarding the proposal and
direction from the City Council to seek public input.
Meetings in September 2012 between City staff and various community organizations
including the El Segundo Chamber of Commerce and Kiwanis Club.
a Multiple meetings before the City's Recreation and Parks Commission in September and
December 2012.
U A presentation to the El Segundo Planning Commission on October 11, 2012.
Posting the Powerpoint® presentation, draft schematics, and other matters on the City's
WebSlte (i`irc: =tiilcls�.c�t' �1ntw�;;�tll5 >I:tti�lst;iti �.�1^+ �':`3ti►��4�ti1 f) I I �it��_l�t�t'G,�rl,l1 � I }.
Posting all disclosable public communications regarding the Lakes matter on the City's
website (www.clsol,tr,3clo.cirg/tIeLi sic:ityclerkldocusncrits.as}1 }.
Moreover, these proposals were widely publicized in the media and on various social networks
(e.g., Facebook). And, as a result, there was significant public participation in the process
including regular public comment during City Council meetings.
The October 2013 Letters do not acknowledge the City Council's effoi t to solicit public input
regarding the Lakes or the widespread public interest in the subject. Rather, the October 2013
Letters allege that the City Council violated the Brown Act when it discussed the matter in
closed session on several occasions in 2012 and 2013.
As you are aware, the California Legislature enacted the Ralph M. Brown Act (Government
Codel §§ 54950 - 54963) in 1953. The Legislature adopted the Brown Act to ensure that
deliberations and actions of local public agencies are performed at meetings open to the public
and free from any veil of secrecy? To further this overall goal, the Brown Act requires that the
City's meetings be properly noticed and generally open to the public.
There are certain exceptions to the general requirement that all meetings be held in public. These
are referred to as "closed session" matters. One of these is the ability for the City Council to
meet
"with its negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the local agency to grant authority to its negotiator
regarding the price and terms of payment for the purchase, sale,
exchange, or lease. "3
1 Further references to an unspecified code are to the Government Code.
1 § 54950.
3 § 54956.8 (emphasis added).
2 407
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The October 2013 Letters makes various complaints regarding the City Council exercising its
ability to discuss price and terms of leasing the Lakes during closed session. In summary, these
allegations are. (1) failure to appoint real property negotiators in open session as required by the
Brown Act; (2) incorrect agenda descriptions as to closed session items; and (3) discussing items
in closed session beyond the scope of what the Brown Act allows.
The October 2013 Letters is the first step needed to file a lawsuit against the City for alleged
violations of the Brown Act. In sum, the law' requires a persons seeking to enforce the Brown
Act to first send a "cease and desist" letter to a public agency within nine months of the alleged
violations before filing a lawsuit. Upon receiving a "cease and desist" letter, the public agency
has thirty dayss within which to consider the matter and, if it chooses, respond with "with an
unconditional commitment to cease, desist from, and not repeat the past action that is alleged to
violate" the Brown Acts Such a response must be approved by the legislative body in open
session and be substantially in a form required by law.' If the legislative body opts to undertake
such a response, it removes the ability of a person to file a lawsuit.'
As noted more completely in the draft letter attached to this staff report, several of the alleged
violations occurred more than nine months ago and are therefore time - barred from litigation.
Moreover, all of the closed session agenda descriptions correctly identified the City's real
property negotiators and described what was being discussed. Most importantly, however, the
City Council has not yet committed to taking any action — the draft lease agreement properly
contemplated during closed session is a separate agenda item for this meeting, And, as set forth
in that draft agreement, there are multiple matters that must be resolved — in open session —
before the City (or any other party) is obligated to undertake any real property transaction.
However, in order to avoid potentially unnecessary and costly litigation, it is recommended that
the City Council authorize the Mayor to execute the draft letter attached to this staff report
(Exhibit B). As may be read, the draft letter constitutes the City Council's "unconditional
commitment" not to undertake the actions identified by the October 2013 Letters. Under the
Brown Act it is specifically recognized that sending this type of response is not an admission of
guilt and it cannot be used against the City in any future legal proceedings. Given that this
matter, as described above, has been a very public process and since the draft agreement is on the
agenda for public consideration by the Council, it seems very prudent to simply agree, without
admitting fault or that such occurred, to not undertake any further alleged action that violates the
Brown Act. This will ensure that the City avoids the need to defend against a lawsuit alleging
that the City Council violated the Brown Act.
4 § 54960.2.
S The City Council may also provide such a response after thirty days, and even during litigation, which would cause
a lawsuit to be dismissed, However, the court could under such circumstances award attorneys fees and costs Q
54960.2(b)).
G § 54960.2(c).
a Id.
8 Id
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Exhibit A
October 1, 2013 and October 15, 2013 Letters
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RECEIVED /0 - /- !3
CITY CLERK'S OFFICE01ty Manacgor's 0&0i
October 1, 2013
OCT 124#3
Via Personal Delivery
Hon. Bill Fisher. Mayor t�EcEiu `
Mr. Carl Jacobson, Mayor Pro Tom
Me, Suzanne Fuentes
Mr. Dave Atkinson
Ms. Marie Fellhouer
CRY Council
City of El Segundo
360 Main Street,
El Segundo, CA 90245
Re: Demand to Cease and Desist from Practices Violating the Ralph M. Brown Act
Mr. Fisher and Members of the El Segundo City Council:
This notice Is to caution you that the El Segundo City Council (the "ESCC ") has violated the Ralph M. Brown
Act (California Government Code Sec, 64050 st.seq.), which mandates cpen and publicized meetings of
local government at which the public may be present and comment on relevant matters. ESCC is abusing
the "aefe harbor" provisions of Government Code Section 54966.6, which allow a limited exception to the
general mandate of open meetings only "to grant authority to He negotiator regarding the price and terms of
payment for... (a real property lease).' The specltic vlatallons are as follows:
1. Conducting Closed Sessions On The Proposed Lease of The Lakes Prior to a Public Hearing
On three separate occasions, June 19, 2012, June 25, 2012 and June 17, 2012, the ESCC conducted
closed sessions for the stated purpose of discussions with Greg Carpenter, City Manager, concerning The
Lakes, a municipal golf course owned by the City of El Segundo. Ailhoutgh the stated purpose of such
meeltngs, as noted on ttie relevant Agendas, was 'discussion with Real Property Negotiator', ESCC had not
yet conducted a public session as required by Government Code Section 54958.8 as follows:
However, prior to the closed session, the legislative body of the local agency shall hold an open
and public session In which it Identities the real property. ..which the negotiations may concern and
the person or persons with whom Its negotiator may negotiate.
Additionally, the relevant Agendas fall to Identify the persons or entities Mr. Carpenter would negotiate with.
These meetings patently fall outside the "safe harbor" and are Illegal,
2. Conducting Closed Sessions with Top Golf on Related Issues
on two separate occasions, February 5, 20139 February 19, 2013, the ESCC conducted closed sessions
with Mr. Carpenter relating to Top Golf and Centercal Properties as "negotiating padles " However, the
proposed lease Is with Centercal only. The City of El Segundo will have no contractual privily with Top Golf,
who will sublet from Centercal to operate a golf entertainment business at The Lakes. ESCC was not
negotiating a real property lease with Top Golf but rather consulting with Top Golf regarding lease Issues.
The Brown Act mandates that ESCC conduct any such consultations In public meeting because the "safe
harbor provision pertains only to the proposed lessee on price and terms of payment, Corssultations with
other parlles on 'relstiod Issues" or "background Issues" are outside the scope of the exception. See,
Shapiro v._Cily Council of San Diego, 98 Cal. App. 4s' 904 (2002).
S. Conducting Serial Closed Sessions on Matters Outside Payment and Terms of Payment
On eight separate occasions, February 5, 2013, February 19, 2013, May 7, 2013, Auguste, 2013, August
20, 2013, September 3, 2013, September 17, 2013, and October 1, 2013, the ESCC conducted closed
sessions with Mr. Carpenter relating to the lease with Centercal Properties as the negotiating party. The
number of closed sessions alone Is excessive and proves that the ESCC has treepossed beyond the "safe
harbor" of price and terms of payment. This situation Is analogous to Shapira v, Cty Coun6l o(Spn DIpk
410
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96 Cal. App. 40 904 (2002), where the Court of Appeal hold that the San Diego Council had violated the
Brown Actin Including dlacusslon of a variety of "ralated Issues" in a series of cloned session held to consult
with Its agent in real property negotlations concerning a Large redevelopment projeot 10 create a new
baseball park. The Fourth District faulted the Son Diego Council's expansive Interpretation of the 'safe
harbor' as follows:
We believe the City Council's view that no detailed dlaclosures should be required before closed
seaslons may be held to discuss a complex overall real estate basod traneaction. is Inconsistent
with the express statutory raqulreyments of section 649413.8
The Fourth District stressed that the "safe harbor" must be narrowly and not expensively construed as
follows:
If we were to accept the City's Interpretation of the Brown Act In tills respect, we would be turning
the Brown Act on Its head, by narrowly construing the open meeting requirements and broadly
conskuing [tie statutory exceptions to IL That would be Incorrect. We do not denigrate the
Important consideration of confidentiality In negotiations. Howovor, we balleve that In tills me, the
City Council is attempting to use the Brawn Act as a shield agalnet public disclosure of Its
consideration of Important public policy Issues, of the type that are Inevitably raised whenever such
a large public redevelopment real estate based transaction Is contemplated. The Important policy
consideration of the Brown Act, however, must bo enforced, raven where particular transactions do
not fit neatly within Its statutory categories.
Id, at 924. Here, as In Sheolro , ESCC Is using closed sessions to shield Important development
considerations from public view. The sheer number of closed sessions, In contrast to ilia single open
session on the proposed lease, proves that ESCC Is shirking Its duly to conduct open sessions on "ratters of
public Interest that will subslantially Impact The Lakes future. Indeed, ESCC lies disclosed relatively nothing
In open seuslons regarding its reiatlonslilp with Centercal, Centercat's relatlonchfp with Tap Golf, proposed
physical changes to the golf course, proposed physical changes to ilia driving range, price Increases, public
programs, changes to the liquor license and more. Members of the publlc are demanding to be heard on
these Issues but have been relegated to bystanders in a dosed process zealously guarded by ESCC
against its public responsibilities under the Brown Act.
4. Substantively Misleading Agenda Description
On August 21, 2012, the ESCC conducted a single public session on the proposed lease of The Lakes
which ganerally describes the Agenda as a direction to staff as follows:
Consideration and possible action to direct staff to take steps necessary to seek Input from various
City Committees regarding a potential agreement with Centercral Properties, Ll_C for enhoncing the
driving range and dining faclilties at The Lakes Golf Course which would be operated by Top Goff.
The agreement would be negotiated by (lie City Manager and City Attorney and presented for
review and potential approval by tthe City Council at a future data.
This description Is Inaccurate because It states that the ESCC was to direct staff rogarding future action
when, In fact, the ESCC contemplated and took immediate action to direct Mr. Carpenter to enter Into
negotiations with Centercal regarding a lease of The Lakes. While the drown Act requirements for agenda
Item descriptions orb cluito lenient, this Item just falls to describe the action taken by ESCC to Immediately
enter Into a proposed lease. It's just wrong. The slgnlffcance of Ilia misdescription is magnified by the fact
that this was the only open discussion on the proposed lease and therefore, It was Imperative that the ESCC
accurately convey notice to the public of what ESCC Intended to do. Without such clear notice, those
members of the public who might wall have attended the meeting to address a proposed decision
immediately to proceed with lease negotiations were misted Into belloving that there would be adequate
opportunities to do so later, at meetings of either the `City Committees," the City Council or both. The ESCC
failed Its duties under the Brown Act and should be enjoined from proceeding further absent a material cure.
46
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CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
The EI Segundo City Council has thirty days frorn receipt of thle letter to provide me with on unoondlQonel
commlhYient to cease, desist from, and not repeat the praotices noted shave, compliant wllh Governmant
Code Section 54060.2, suhdlvislon (c). Its falture to do so rwltl entitle me to lily an action for declaratory
judgment and injunctive rallef and for attorney's fees and costa.
Respectfully.
O'e� �j ��j
Debra V. oelst
(310) 489 7731
oftegels%verkan.net
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October 15, 2013
Via U.S. Mall
Tracy Sherrill Weaver
City Clerk
City of El Segundo
350 Main Street,
El Segundo, CA 90245
Hon. BIII Fisher, Mayor
Mr. Cori Jacobson, Mayor Pro Tom
Me. Suzanne Fuentes
Mr. Dave Atkinson
Me, Made Fellhauer
CITY U ��� ;��'J LiirF10E
Re: Demand to Cease and Deslst from Practices Violating the Ralph M. Brown Act
Mr. Fisher end Members of the El Segundo City Council:
This notice is to caution you that the El Segundo City Council (the 'ESCC') has violated the Ralph M. Drown
Act (California Government Code Sao. 54050 et.seq.), which mandates open and publicized meetings of
local government at which the public may be present and comment on relevant matters. ESCC Is abusing
the "oak harbor" provlelone of Government Code Sedlon 54056.6, which allow a Erntked oxceplon to the
general mandate of open meeting@ only 'to grant authority to Its negotiator regarding the price and terms of
payment for... (a real property tease)." The specific vlolatlons are as follows:
1. Conducting Closed Sessions On The Proposed Lease of The Lakes Prior to a Public Hearing
On throe separate occasions, June 19, 2012, June 26, 2012 and July 17, 2012, the ESCC conducted dosed
Baaelons for the stated purpose of dlscuaelons with Greg Carpenter, Clty Manager, concerning The Lakes, e
munlelpst gulf course owned by the City of El Segundo. Atthough tho Vatad purpose of such meetings, as
noted on the relevant Agendas, was 'discussion with Real Property Negotiator", ESCC had not yet
conducted a public session as required by Government Gods Sectlon 54058,6 as foilows:
However, prior to the closed session, the legislative body of the local agency shall hold an open
and public seaslon In which It identlRee the real property...whlch the negovationa may concern and
the person or persons with whom Its negotiator may negotiete.
Additionally, the relevant Agendas fail to Identify the persona or entitles Mr. Carpenter would negotiate with.
These meetings patently fall outside the "safe harbor" anti are Illegal.
2. Conducting Closed Sessions with Top Golf on Related Issues
On two separate occasions, February 6, 2013, February 19, 2013, the ESCC conducted dotted sessions
with Mr. Carpenter relating to Top Golf and Centercal properties as 'negotiating parties.' However, the
proposed Iesse is with Centercel only. The City of Ei Segundo wlll have no contractual prtvlty with Top Golf,
who will sublet from Cenlemal to operate a golf entertainment business at The Lakes, ESCC wag not
negotiating a real property tease with Top Golf but rather consulting with Tap Golf regarding lease Issues.
The Brawn Act mandates ffiat IFSCC conduct any such consultations In publlc meeting because the "safa
harbor' provision pertains only to the proposed lessee on price and terms of payment. Consultetlons with
other purtles on `related Issues" or "background Issues' are outside the scope of the exception. See,
Shapiro v. City Council of San Diego, 96 Cal. App. 01104 (2002).
3. Conducting Serial Closed Sessions on Matters Outside Payment and Terms of Payment
On eight separate occasions, February 5, 2013, February 19, 2013, May 7, 2013, August 6, 2013, August
20, 2013, September 3, 2013, September 17, 2013, and October 1, 2013, the ESCC conducted closed
48
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sessions with Mr, Carpenter relating to the lease with Centercal Properties as the negotiating party. The
number of closed sessions alone Is excessive and proves that the ESCC has trespassed beyond the "safe
harbor' of price and terms of ,payment This situation Is analogous to Shgp!T v4 ltySauncil of Sqn Uleya,
96 Col, App, 4 "' 004 (2002), where the Court of Appeal held that the 7pn Dlogo Council had violated the
Brown Act in including discussion of a variety of "related Issues" in a series of closed session held to consult
with Its agent In real property negotiations concerning a large redevelopment project to create a new
baseball park. The Fourth District faulted the San Diego Counell'a expansive Interpretation of the "safe
harbor" as follows:
We believe the City Council's view that no detailed disclosures should be required before closed
sessions may be held to discuss a complex overall reel estate based transaction is Inconsistent
with the express statutory requirements of section 64948.8
The Fourth District stressed that the "safe harbor' must be narrowly and not expansively construed as
bllows:
K we were to accept the City's Interpretatlon of the Brown Act In this respect, we would be turning
the Brown Act on Its head, by narrowly construing the open meeting requirements and broadly
construing the statutory exceptions to it. That would be Incorrect. We do not denigrate the
Important consideration of confidentiality In negotiations. However, we believe that in this case, the
City Council is attempting to use the Brown Act as a shield against public disclosure of Its
consideration of Important public policy Issues, of the type that are Inevitably raised whenever such
a large public redevelopment real estate based transaction Is contemplated. The Important policy
consideration of the Brown Act, however, must be enforced, even where particular transacllons do
not fit neatly within Its statutory categories.
Id. at 924. Here, as In Shopfro, ESCC Is using closed sessions to shield important development
considerations from public view, The sheer number of closed seaslons, In contrast to the single open
session on the proposed (ease, proves that ESCC is shirking its duty to conduct open sessions on matters of
public Interest that will substantially Impact The Lakes future. Indeed, ESCC has disclosed relatively nothing
In open sesslone regarding its relatlonohlp with Centarcal, Centeroal's relationship with Top Golf, proposed
physical changes to the golf course, proposed physical changes to the driving range, price Increases, public
programs, changes to the liquor license and more. Members of the public are demanding to be heard on
these Issues but have boon relegated to bystanders In a closed process zealously guarded by ESCC
against its public responsibilities under the Brown Ad,
4. Substantively Misleading Agenda Description
On August 21, 2012, the ESCC conducted a single public session on the proposed lease of The Lakes
which generally describes the Agenda as a direction to staff as follows:
Consideration and possible action to direct staff to take steps necessary to seek input from various
City Committees regarding a potential agreement with Centercal Properties, LLC for enhancing the
driving range and dining facilities at The Lakes Golf Course which would be operated by Top Golf.
The agreement would be negotiated by the City Manager and City Attorney and presented for
review and potential approval by the City Council at a future date.
This description is Inaccurate because it states that the ESCC was to direct staff regarding future action
when, In fact, the ESCC contemplated and took Immediate action to direct Mr. Carpenter to enter Into
negotiations with Centercal regarding a leave of The Lakes. While the Brown Act requirements for agenda
Item descriptions are quite lenient, this item just falls to describe the acllon taken by ESCC to lmmodlately
enter Into a proposed lease. It's Just wrong. The algnlilcance of the mladetredptlon is magnmod by the fact
that this was the only open discussion on the proposed lease and therefore, It was Imperative that the ESCC
accurately convey notice to the public of what ESCC Intended to do. Without such clear notice, those
members of the publle who might well have attended the meeting to address a proposed decision
Immediately to proceed with lease negotiations were misled Into believing that there would be adequate
opportunities to do so later, at meetings of either the "City Committees,' the City Council or both. The ESCC
failed Its duties under the Brown Act and should be enjoined from proceeding further absent a material cure.
49
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CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
The Ei Segundo Cttyr Coundl hoe thkly days from receipt of thfe letter to provide me with an uncondMonal
oommitment to comae, deVat fhorrn, and not rapeet the pradma noted #bow, oomp119nt WNh 0awrnment
Code M wUon 64990,2, qubdhrielon (a). its failure to do ro Wlf aMtla me to 1110 an actbn for dedare"
Judgment and injuncIve relief and for ettornWi f"s and ooete:
Hasp ffy,
Debra V. Galet
(310) 469 7761
cite fleletawrlron,net
50
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Exhibit B
Draft Response Letter
51
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A �
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417
October 30, 2013
Elected OfBclals:
etl Pleher,
MNAF
Debra V. Geist
Jacob son,
MovrProTem
121 16th St
Suzanne Fuentes,
Council Member
Manhattan Beach, CA 90266
Dave Atkinson,
Council Member
Merle Follhsusr,
Council Member
Re: Letter dated October 15, 2013
irtcy Wetvnr,
Cky Clerk
Dear Ms. Geist:
Appointed Officials:
e,„y Cerp onto,
Thank you for your letter dated October 15, 2013 (received by the City on
"`' "' °°r Msna/ey,
Mark D.
October 17, 2013). As you are aware, that letter (the "October 15th Letter")
ClWANomay
Crlah Binder,
alleges that the City Council violated the Ralph M. Brown Act and
`hWT'e" ""r
constitutes a "cease and desist" letter in accordance with Government Code
§ 54960.2.
Department Directors:
Deborah Cullen,
Specifically, the October 15th letter accuses the City Council of violating the
Pinafice
MarthaD11ksfrs
Brown Act on the following dates: June 19, 2012; June 25, 2012; July 17,
Human KevinSmithxs'c "wee
2012; August 21 2012• February 5 2013; February 19 2013; May 7 k 2013•
Mrs Chief
Debt* Brighton,
August 6, 2013; August 20, 2013;'September 3, 2013;
Llbraryservlc..
Sam Lee,
September 17, 2013; and October 1, 2013. In sum, the October 15th letter
Planning and
Building Softly
alleges that the City Council's actions relating to the municipal golf course
Mileh Favors,
C1110f
known as "the Lakes" violated the Brown Act as follows: (1) failure to
Slophen`fe Posa,
Public Works
appoint real property negotiators in open session; (2) incorrect agenda
RobRecrwtonAParks
descriptions as to closed session items; and (3) discussing items in closed
session beyond the scope of statutory authority. In short, the City Council
disagrees with the October 15th letter for several different reasons.
www.alsegundo.org
First, as to alleged violations occurring in 2012, these matters are time -
barred pursuant to Government Code § 54960.2(a)(2). That section requires
actions to be undertaken within nine months of the alleged violation.
Second, (as stated in the October 15th letter at p.2) the City Council (at the
latest) did appoint real property negotiators in open session on August 21,
2012 pursuant to Agenda Item No. F9:
"Direct the City Manager and City Attorney to negotiate terms
350 Main Street, El Segundo, Cal forn/a 90245.3813
Phone (310)524 -2300 Fax (310) 640 -0489
52
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THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
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CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
of a [s!c] agreement with Centercal Properties, LLC for a new
TopGolf facility to be located at The Lakes In place of the existing
driving range."
Moreover, the City Manager was identified on every agenda as the property negotiator
for these negotiations. The City Manager has general authority pursuant to El Segundo
Municipal Code § 1 -5A -7 to "exercise general supervision over all public buildings,
public parks and all other public property which is Linder the control and jurisdiction of
the city council." The City Council believes this would include (at a minimum) initial
negotlatlons regarding potentially leasing the Lakes. As previously noted, however,
these matters are time barred In any event.
Third, as explained below, it is plain that the City Council's considerations regarding the
Lakes were (and are) quite public. Even a cursory glance at the City's webpage, staff
reports, and other public outreach documents demonstrate that the City Council sought
(and continues to seek) public input regarding what should happen with the municipal
golf course. Allegations, therefore, that the City Council was misleading or has
somehow attempted to avoid transparency as to the Lakes matter cannot be reconciled
with the City's efforts at encouraging public discourse regarding'this important matter.
As you know, the City Council is considering whether to lease a portion of the Lakes
municipal golf course to a private company or companies. As part of this process, the
City Is engaged in an extensive public outreach program seeking public participation.
Among other things, the City undertook the following actions:
• August 21, 2012: the City Council heard a presentation regarding the Lakes
during open session and then directed the City Manager, or designee, to seek
public input regarding a potential agreement with Centercal and Top Golf,
• August 29, 2012: the City Council's Golf Course Subcommittee met in public to
discuss the matter.
• September 13, 2012: City staff made a presentation to the El Segundo Chamber
of Commerce.
• September 18, 2012: City staff met at the El Segundo Public Library with golf
Industry stakeholders.
• September 19, 2012: City staff made a presentation to the City's Recreation and
Parks Commission during its regular meeting.
• September 25, 2012: City staff made a presentation to the Kiwanis Club.
October 3, 2012: City staff provided a progress update to the City Council's Golf
Course Subcommittee.
350 Main Street, El Segundo, California .90245 -3813
Phone (310)524 -2300 Fax (310) 640.0489 418
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• October 4, 2012: City staff made a presentation at the Rotary Club meeting.
October 11, 2012: a presentation regarding the matter was made to the City's
Planning Commission during Its regular meeting.
October 11, 2012: City staff made a presentation to the City's Economic
Development Advisory Council.
A November 18, 2012: the El Segundo Chamber of Commerce voted to
endorse /support the Top Golf matter.
® December 5, 2012: the City Council's Golf Course Subcommittee reviewed the
matter.
December 19, 2012: the Recreation and Parks Commission reviewed the
findings and analysis.
Between October and November 2012, City staff met with most business
oriented hotels within the City of El Segundo.
• The City posted the PowerpointO presentation, draft' schematics, and other
matters on the City's website
(elseclundv.org /news /dIs la news.as ?NewslD =1149 &Tar etlD 1).
The City has posted and (continues to post) all disclosable public
communications regarding the Lakes matter on the City's website
(www.elsegundo.org/depts/cityclerk/documents.agg).
Such proactive actions are In addition to the multiple opportunities taken by interested
citizens to provide public comment to the City Council during its regular meetings. This
matter is also being extensively scrutinized by media coverage (see e.g.,
www.eagyreademews.com174699 /residents- assail- topgolf /;
wLuw.dallybreeze.com/20121105/tocal-golfei-s-balk-at-pro osed-changes-to-the-lakes-
In-el-segundo-course) and various social media outlets.
Based upon the foregoing, the City Council respectfully disagrees with the allegations
set forth in the October 15th Letter as to purported violations of the Brown Act.
Moreover, as you can see from the Due Diligence and Lease Agreement ( "Agreement ")
that the Council will consider approving at Its November 5, 2413 regular meeting, the
alleged Brown Act violations set forth in the October 15th Letter are without merit. There
are twelve specific conditions precedent that must be accomplished before a leasehold
interest could be created. Accordingly, the City is not committed to entering Into the
draft Agreement since there are numerous issues that must be resolved in public
meetings before the Planning Commission and City Council before any leasehold could
be established. Such matters include review and potential approval of a conceptual plan
for the golf course and the driving range improvements, review and potential approval of
350 Main Street El Segundo, California 90245.3813
Phone (310)524.2300 Fax (310) 640 -0489 419
54
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THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
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CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
a recommended action under the California Environmental Quality Act; review and
potential approval of the land use entitlements that would be needed to allow for the
uses contemplated by the draft Agreement; and many other items that Identified in the
draft Agreement.
However, in an abundance of cautlon, to avoid unnecessary litigation, and without
admitting any violatfon of the Ralph M. Brown Act, the Er Segundo City Council
uncondltionaliy commits that It will cease, desist from, and not repeat the actions
challenged in the October 15t" Letter and briefly described above.
Note that the El Segundo City Council may rescind this commitment only by a majority
vote of Its membership taken in open session at a regular meeting and noticed on its
posted agenda as "Rescission of Brown Act Commitment." You will be provided with
written notice, sent by any means or media you provide in response to this message, to
whatever address or addresses you specify, of any intention to consider rescinding this
commitment at least 30 days before any such regular meeting. In the event that this
commitment is rescinded, you will have the right to commence legal action pursuant to
Government Code § 54960(a). That notice will be delivered to you by the same means
as this commitment, or may be mailed to an address that you have designated in
writing.
Very truly yours,
Bill Fisher,
Mayor
350 Main Street, E! Segundo, Californla 90245.3813
Phone (390)524 -2300 Fax(310)640-0489 420
55
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YO
Ilkk �i lht F
� w
e
31
May 8, 2015
Elected Officials:
Debra V. Geist
Suzanne Fuentes,
Meyer
121 16th St
Carl Jacobson
Mayor Pro Tom
Manhattan Beach CA 90266
�
Dave Atkinson,
Councll Member
Marie Felihauer,
Re: Notice of Rescission per Government Code § 54960.2(e)
Counck Member
Michael Dugan,
Council Member
Tracy Weaver,
Dear Ms. Geist:
City Clerk
Crisis Binder,
City Treasurer
On November 5, 2013, the City Council committed to refrain from utilizing closed session
to discuss real property negotiations concerning its municipal golf course known as "the
Appointed Officials:
Lakes." The reasons for such commitments are set forth in the enclosed letter (the "Letter ").
Greg Carpenter,
City Manager
As you know, on May 5, 2015, the City Council directed our office to provide you thirty
chya omey,
day notice that the City Council would consider rescinding the commitment set forth in the
Letter in accordance with Government Code § 54960.2(e). Accordingly, take notice that the
Department Directors:
City Council will consider a "Rescission of Brown Act Commitment" as a regular agenda
item at its regular meeting held on June 16, 2015. Should the City Council decide to rescind
Deborah Cullen,
Finance
its commitment in the Letter, you will have the right to commence legal action in
Martha D
Rumen n Res ources
Res
accordance with the Ralph M. Brown Act,
Kevin Smith,
Fire Chief
Debra Brighton,
Please note that the City reaffirms its position as set forth in the Letter: this matter is
Library Services
Sam Lee,
thoroughly transparent; allegations regarding Brown Act violations are without merit.
Planning and
Building Safety
Moreover, the public continues to have a vibrant dialogue regarding the City Council's
Mkch Tavern,
Police Chief
actions as to the Lakes.
Stephanie Katsouleas,
Public Works
Meredith Paid,
Recreation 8 Parks
Note that a copy of this letter is being provided to the Public Integrity Unit of the Los
Angeles County District Attorney's office in accordance with Government Code §
54960.2(e).
www.elsegundo.org
Very trul yj ours.
"Bor
tl I or
Assislani (Nly Attorney
c: District Attorney
City Council
City Manager
350 Main Street, El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640.0489
57
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32
417
October 30, 2013
Elected Offlclals:
t7 Al Fhher,
orr.on,
Debra V. Geist
Carl .fay
Mayor ProTom
121 16th St
Suzanne FumfN,
COUnnson, ber
Manhattan Beach, CA 90266
Dave Atklnaon,
Council Member
Maria Pellhauar,
Council Member
Re: Letter dated October 15, 2013
Toeey Wemr,
Chy chnr
Dear Ms. Geist:
Appointed Officials:
Oren, Carpenter,
Thank you for your letter dated October 15, 2013 (received by the City on
M.rIG .; y ",'
October 17, 2013). As you are aware, that letter (the "October 15th Letter")
Chy Atlomry
crl.l.AW46
alleges that the City Council violated the Ralph M. Brown Act and
Clfy'neeaurer
constitutes a "cease and desist" letter in accordance with Government Code
§ 54960.2,
Department Directors:
DoborshCullen,
Specifically, the October 15th letter accuses the City Council of violating the
M.,in:ouk w
Brown Act on the following dates: June 19, 2012; June 25, 2012; July 17,
"emenR«ourc..
Kevin Smhh,
2012• August 21 2012; February 5 2013; February 19 2013; May 7 2013•
, g , , ry , , ry , , Y ,
Fife Chief
a.b,e >anohron,
to
August 6, 2013; August 20, 2013; 'September 3, 2013;
SamL:aryS ° "'"`
September 17, 2013; and October 1, 2013. In sum, the October 15th letter
B� dingW W
alleges that the City Council's actions relating to the municipal golf course
Mitch p lice Chief
known as "the Lakes" violated the Brown Act as follows: (1) failure to
Stephanie Kaboubse,
Public Worts
appoint real property negotiators in open session; (2) incorrect agenda
Robert Cummin
A R.cn.Non A Parka
descriptions as to closed session items; and (3) discussing items in closed
session beyond the scope of statutory authority. In short, the City Council
disagrees with the October 15th letter for several different reasons.
www,elsegundo.olg
First, as to alleged violations occurring in 2012, these matters are time -
barred pursuant to Government Code § 54960.2(a)(2). That section requires
actions to be undertaken within nine months of the alleged violation.
Second, (as stated in the October 15th letter at p.2) the City Council (at the
latest) did appoint real property negotiators in open session on August 21,
2012 pursuant to Agenda Item No. F9:
"Direct the City Manager and City Attorney to negotiate terms
350 Main Street, El Segundo, California 90245.3813
Phone (310)524.2300 Fax (310) 640.0489
59
32
417
THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
IS
CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
of a [sic] agreement with Centercal Properties, LLC for a new
TopGolf facility to be located at The Lakes In place of the existing
driving range."
Moreover, the City Manager was identified on every agenda as the property negotiator
for these negotiations. The City Manager has general authority pursuant to El Segundo
Municipal Code § 1 -5A -7 to "exercise general supervision over all public buildings,
public parks and all other public property which is under the control and jurisdiction of
the city councll." The City Council believes this would include (at a minimum) initial
negotiations regarding potentially leasing the Lakes. As previously noted, however,
these matters are time barred in any event.
Third, as explained below, It is plain that the Clty Council's considerations regarding the
Lakes were (and are) quite public. Even a cursory glance at the City's webpage, staff
reports, and other public outreach documents demonstrate that the City Council sought
(and continues to seek) public input regarding what should happen with the municipal
golf course. Allegations, therefore, that the City Council was misleading or has
somehow attempted to avoid transparency as to the Lakes matter cannot be reconciled
with the City's efforts at encouraging public discourse regarding'this important matter.
As you know, the City Council is considering whether to lease a portion of the Lakes
municipal golf course to a private company or companies. As part of this process, the
City Is engaged In an extensive public outreach program seeking public participation.
Among other things, the City undertook the following actions:
■ August 21, 2012: the City Council heard a presentation regarding the Lakes
during open session and then directed the City Manager, or designee, to seek
public input regarding a potential agreement with Centercal and Top Golf,
■ August 29, 2012: the City Council's Golf Course Subcommittee met in public to
discuss the matter.
■ September 13, 2012: City staff made a presentation to the EI Segundo Chamber
of Commerce.
• September 18, 2012: City staff met at the El Segundo Public Library with golf
Industry stakeholders.
• September 19, 2012: City staff made a presentation to the City's Recreation and
Parks Commission during its regular meeting.
• September 25, 2012: City staff made a presentation to the Kiwanis Club.
• October 3, 2012: City staff provided a progress update to the City Council's Golf
Course Subcommittee.
350 Main Stres4 El Segundo, California .90245.3813
Phone (310)524 -2300 Fax (310) 840.0489
■e
33
418
THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
IS
CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
October 4, 2012: City staff made a presentation at the Rotary Club meeting.
® October 11, 2012: a presentation regarding the matter was made to the City's
Planning Commission during its regular meeting.
0 October 11, 2012: City staff made a presentation to the City's Economic
Development Advisory Council.
November 18, 2012: the El Segundo Chamber of Commerce voted to
endorse /support the Top Golf matter.
December 5, 2012: the City Council's Golf Course Subcommittee reviewed the
matter.
ap December 19, 2012: the Recreation and Parks Commission reviewed the
findings and analysis.
Between October and November 2012, City staff met with most business
oriented hotels within the City of El Segundo,
• The City posted the Powerpoint* presentation, draft schematics, and other
matters on the City's website
( elsegundo. orplriewsldis1�lpynews .asr) ?NewslD= 1149 &TargptlD=1.).
The City has posted and (continues to post) all disclosable public
communications regarding the Lakes matter on the City's website
(www.elsse_c ndo. oM/ depts /cityclerk/documents.asp).
Such proactive actions are In addition to the multiple opportunities taken by interested
citizens to provide public comment to the City Council during its regular meetings. This
matter Is also being extensively scrutinized by media coverage (see e.g.,
www. easyreadernews .com /746991residents- assail- to2gol I;
wwvv.dailybreeze. com /201 21 1 05 /local - golfers -ba l k -at- pro posed -ch a nges-to- the- lakes-
In- el- segundo- course) and various social media outlets.
Based upon the foregoing, the City Council respectfully dlsagrees with the allegations
set forth in the October 15th Letter as to purported violations of the Brown Act.
Moreover, as you can see from the Due Diligence and Lease Agreement ( "Agreement")
that the Council will consider approving at Its November 5, 2013 regular meeting, the
alleged Brown Act violations set forth in the October 15th Letter are without merit. There
are twelve specific conditions precedent that must be accomplished before a leasehold
interest could be created. Accordingly, the City is not committed to entering into the
draft Agreement since there are numerous issues that must be resolved in public
meetings before the Planning Commission and City Council before any leasehold could
be established. Such matters include review and potential approval of a conceptual plan
for the golf course and the driving range improvements; review and potential approval of
350 Main Street, El Segundo, California 90245.3813
Phone (310)524 -2300 Fax (310) 840.0489
61
34
419
THE SEPTEMBER 1, 2015 CITY COUNCIL MEETING AGENDA ITEM # 1
IS
CONTINUED ITEM #2 FROM JUNE 15TH, JULY 7TH, ITEM #1 FROM JULY 21ST, ITEM #4 FROM AUGUST 4TH AND ITEM # 1 FROM AUGUST 18TH
a recommended action under the California Environmental Quality Act; review and
potential approval of the land use entitlements that would be needed to allow for the
uses contemplated by the draft Agreement; and many other items that identified In the
draft Agreement.
However, in an abundance of caution, to avoid unnecessary litigation, and without
admitting any violation of the Ralph M. Brown Act, the Er Segundo City Council
unconditionally commits that it will cease, desist from, and not repeat the actions
challenged in the October 15th Letter and briefly described above.
Note that the El Segundo City Council may rescind this commitment only by a majority
vote of its membership taken in open session at a regular meeting and noticed on Its
posted agenda as 'Rescission of Brown Act Commitment." You will be provided with
written notice, sent by any means or media you provide in response to this message, to
whatever address or addresses you specify, of any intention to consider rescinding this
commitment at least 30 days before any such regular meeting. In the event that this
commitment is rescinded, you will have the right to commence legal action pursuant to
Government Code § W60(a). That notice will be delivered to you by the same means
as this commitment, or may be mailed to an address that you have designated in
writing.
Very truly yours,
Bill Fisher,
Mayor
350 Main Street, El Segundo, California 90245.3813
Phone (310)524 -2300 Fax (310) 840.0489 420
62
35
36
ITEM #C2
2. Consideration and possible action regarding receiving an update with
respect to the City's negotiations with CenterCal and Top Golf regarding the
draft Due Diligence Lease Agreement that provides for the leasing of the
driving range at the Lake's Golf Course to CenterCal and Top Golf for
purposes of operating a Top Golf facility and the reconstruction of the golf
course.
Fiscal Impact: None)
Recommendation — 1) Consideration and possible action regarding receiving an
update regarding the Agreement negotiations and provide feedback to City
Manager and City Attorney as appropriate; 2) Alternatively, discuss and take other
action related to this item.
37
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/10/15 THROUGH 8/16/15
Date
Payee
Description
8/10/2015
West Basin
1,598,631.09
H2O payment
8/12/2015
ICRMA
1,357,776.00
Annual Insurance Premium payment
8/12/2015
Pitney Bowes
1,000.00
Postage for Library
8/14/2015
Health Comp
6,153.92
Weekly claims
8/14/2015
Manufacturers & Traders
23,439.40
457 payment Vantagepoint
8/14/2015
Manufacturers & Traders
477.31
ROTH IRA payment Vantagepoint
8/14/2015
US Bank - Trust Acct
5,534.88
PARS payment
8/14/2015
South Bay Credit Union
11,980.38
Payroll credit union deduction pmt
8/14/2015
State of CA EFT
853.45
EFT Child support payment
8/14/2015
Nationwide NRS EFT
51,226.90
EFT 457 payment
8/8/15 - 8/14/15
Workers Comp Activity
42,427.19
SCRMA checks issued
8/8/15 - 8/14/15
Liability Trust - Claims
1,364.37
Claim checks issued
3,100, 864.89
DATE OF RATIFICATION: 8/17/15
TOTAL PAYMENTS BY WIRE:
3,100,864.89
Certified as to the accuracy of the wire transfers by:
,,fjf /F
Deputy City Treasurer II Date
zII1'(S
Date d
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity Treasurer \Wire Transfers \Wire Transfers 10 -01 -14 to 9 -30 -15 8/174-015 1/1
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
MONDAY, AUGUST 17, 2015 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Fuentes announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
CLOSED SESSION:
The City Council may move 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(d) (1): -0- matters
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2): -2-
matter.
Initiation of litigation pursuant to Government Code §54956.9(d)(4): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
41
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8-
matters
Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory and Professional Employees Association; City
Employees Association; Executive Management Group (Unrepresented Group);
Management/Confidential Group (Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:48 PM
Tracy Weaver, City Clerk
2
:A
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: September 1, 2015
AGENDA HEADING: Consent Agenda
Consideration and possible action to receive and file this report regarding emergency
work to repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code §§
20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file this report regarding emergency work to repair dwelling units at the
Park Vista Senior Housing Facility due to water intrusion without the need for
bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El
Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(2) Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $50,000.00
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Stephanie Katsouleas, Director of Public Wor]c4k-10
REVIEWED BY: Gregg Kovacevich, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager
AZ
BACKGROUND AND DISCUSSION:
Contract documents have been finalized and staff is working with the Cadman Group, Rec /Park
staff and the Senior Housing Board on the schedule for construction. As a recap, the work will
include installing six (6) new drains and applying new elastomeric deck coating on the balconies
of three (3) units for an estimated $37,000 plus contingency. The work is expected to be
completed before the onset of the rainy season this fall.
Public Contracts Code § 22050 (c) requires that the City Council receive updates at every
regularly scheduled meeting until the emergency repair is completed. Therefore, staff
recommends that City Council receive and file this report on the status of the emergency repair
to address the water intrusion issues at Park Vista Senior Housing Facility.
43
0'�_=4
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: September 1, 2015
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding authorization for the Police Department to
purchase forty (40) VIEVU LE3 Body Worn Video /Audio Recorder Systems from L3
Communications in amount of $36,480.56. The purchase would piggyback on existing
U.S. General Services Administration (GSA) Contract # GS 07F- 5377P.
(Fiscal Impact: $36,480.56 from COPS Grant Fund)
RECOMMENDED COUNCIL ACTION:
1. Approve the purchase of forty (40) VIEVU LE3 Body Worn Video /Audio Recorder
Systems from L3 Communications using COPS Grant Funds.
2. Pursuant to El Segundo Municipal Code §1 -7 -10, waive the bidding process and
authorize the City Manager, or designee, to execute an agreement in a form approved
by the City Attorney with L3 Communications piggybacking on a GSA Contract #
GS 07F- 5377P.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
L3 Communications Quote
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $36,480.56
Additional Appropriation: N/A
Account Number(s): 120- 400 - 000 -5209 (COPS Grant Fund)
ORIGINATED BY:
Bob Turnbull, Captain's
REVIEWED BY:
Mitch Tavera, Chief of Police
APPROVED BY:
Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On August 6, 2013, City Council approved the acceptance of $100,000 in COPS Grant Funds to
supplement law enforcement activities for "front line law enforcement ". One of staff's many
recommendations at that time was to purchase body worn or other audio /video digital recording
equipment.
Since then, the police department has successfully deployed over 15 such devices capturing
audio and video that wouldn't normally be captured on our In -Car Camera systems. The benefit
of this particular camera is that it uploads into our existing Digital Evidence Management
System along with our In -Car Audio/Video for ease of storage and viewing.
45
Staff recommends the City Council waive the bidding requirements and authorize a purchase
from L3 Communications in an amount not to exceed $36,480.56 for the purchase of forty (40)
VIEVU LE3 Body Worn Video /Audio Recorder Systems. The purchase would piggyback on
existing U.S. General Services Administration (GSA) Contract # GS 07F- 5377P. The GSA
Administration, an independent federal office mandated to support the operations of U.S.
government agencies, serves as a go- between for such agencies like us wanting to purchase
goods. The sale price in the attached quote reflect volume discount pricing saving the city a total
of $2,866.26.
These new Body Worn Cameras should be placed into the City's equipment replacement
program with a four -year replacement span.
communications Quote
Mobile- Vision, Inc.
QUOTATION NUMBER: 0142650
90 Fanny Road QUOTATION DATE: 8/6/2015
Boonton, NJ 07005
Phone: (800) 336 -8475
Fax (973) 257-3024 SALESPERSON: SW
CUSTOMER NUMBER CAELSEG
Sold To: Ship To:
El Segundo Police Department El Segundo Police Department
348 Main Street 348 Main Street
El Segundo, CA 90245 Attn: Bob Turnbull
El Segundo, CA 90245
Confirm To: ShipTo Phone: (310) 524 -2267
Bob Turnbull ShipTo Fax: (310) 607 -9171
Bill -To Phone: (310) 524 -2267 Pape: 1
Customer P.O. Ship VIA F.O.B. Terms
UPS GROUND BOONTON, NJ Net 30 Days
Item Number Unit Ordered Retail Price Sale Price Amount
LMLE3SYSPVRB EACH 40.00 899.95 834.21 33,368.40
VIEVU LE3 Personal Viewer Recorder 3 Body Worn System, Black w /Green Halo, includ
ECCN No: HS Tariff No:
LSSWR- FBH -BV EACH 1.00 199.00 0.00 0.00
Basic Viewer HD, supports FBHD, BodyVISION, LE3
ECCN No: HS Tariff No:
GSA Contract # GS 07F -5377P
Signing below is in lieu of a formal P.O.
Your signature will authorize acceptance of both pricing and product:
Sign: Date:
Subtotal: 33,368.40
Shipping and Handling: 100.00
* * ** QUOTATION IS VALID FOR 60 DAYS * * ** Sales Tax: 3,012.16
Order Total: 36,480.56
"These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohib
47
48
EL SEGUNDO CITY COUNCIL MEETING DATE: September 1, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a thirty (30) day provisional appointment
extension for the position of Interim Wastewater Supervisor in the Public Works
Department. (Fiscal Impact: $0)
RECOMMENDED COUNCIL ACTION:
1. Approve the thirty (30) day provisional appointment extension for the position of
Interim Wastewater Supervisor;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
El Segundo City Municipal Code Section 1 -6 -13
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Stephanie Katsouleas, Public Works Director 41-j
REVIEWED BY: Stephanie Katsouleas, Public Works Director
dA
APPROVED BY: Greg Carpenter, City Manager `
BACKGROUND AND DISCUSSION:
The Public Work's Department is requesting a thirty (30) day extension for the interim position
of Wastewater Supervisor due to the City's former Wastewater Supervisor retirement earlier this
year. Since March 3, 2015, a Wastewater Leadworker has been serving as the Wastewater
Supervisor in an acting capacity. Over the last six months, Public Works has undertaken six (6)
high priority recruitments and has therefore scheduled launching the Wastewater Supervisor
recruitment after most of the other recruitments have been completed this fall.
In accordance with El Segundo City Code (ESCC) Section 1- 6- 13(c), no person shall be
employed by the City under provisional appointment for more than six (6) months in any fiscal
year. The Code further states the provisional appointment may be extended for not more than
thirty (30) days with Council approval. Therefore, staff is requesting a thirty (30) day extension
of this provisional appointment through October 1, 2015.
50
Page 7 of 11
request additional highest one or two (2) names to be certified from the open competitive list if the list
exists.
3. If no re- employment or promotional lists exist, the Personnel Officer shall certify to the department
head from the open competitive employment list as prescribed in subsection 1-6 -913 of this Chapter.
4. Except for re- employment lists, when all appropriate employment lists for a class contain a total of
fewer than three (3) names, the department head may, with approval of the City Manager, make
provisional appointments until additional names are secured through another examination.
5. No person shall be appointed to any classified service position unless that person has the
qualifications for the position as set forth in the specifications for the class.
G. Expiration Of Lists: Employment lists shall expire at such time as the Personnel Officer determines;
provided, that:
1. Names shall remain on the re- employment list for a period of not less than three (3) years;
2. Promotional and open competitive lists shall have an expiration date of one year unless otherwise
announced in the notice of examination. (Ord. 586, 4 -10 -1962)
1 -6 -13: APPOINTMENT IN CLASSIFIED SERVICE:
A. Basis For Appointments: Appointments and promotions to vacant positions in the classified service shall
be based on merit and fitness to be ascertained insofar as practicable by competitive examination.
Appointments and promotions shall be made by the City Manager upon recommendation of the various
department heads.
B. Names Transmitted By Personnel Officer: When appointments and promotions are to be made to
vacancies in the classified service, the names of the highest eligible persons willing to accept
appointment shall be transmitted by the Personnel Officer to the department head in the order in which
they appear on the list as follows: for one vacancy the names of three (3), for two (2) or secondary
vacancies the names of five (5), for each additional or each subsequent vacancy, three (3) additional
names shall be submitted and appointment shall be limited to any of these eligible persons.
C. Provisional Appointment: In the absence of appropriate employment lists, a provisional appointment may
be made of a person meeting the qualifications established for the classification. Any employment list
shall be established within six (6) months, for any permanent position filled by provisional appointment.
No person shall be employed by the City under provisional appointment for a total of more than six (6)
months in any fiscal year except that the City Manager may, with approval of the City Council, extend the
period of any provisional appointment for not more than thirty (30) days by any one action.
D. Special Credit Not Allowed: No special credit shall be allowed in any examination or the establishment of
any employment or promotional lists, for service rendered under a provisional appointment.
E. Temporary Appointments: Appointments to temporary, emergency and seasonal positions may but need
not be made from eligible lists and these appointed shall not be in the classified service. Appointments of
this type shall include temporary employment for the replacement of employees on leave of absence
j other than military leave, or vacation, emergency appointments to meet emergencies which threaten life,
property or the general welfare of the City, or for work seasonal in nature.
F. Filling Vacancy During Suspension: During the period of suspension of any employee, or pending final
action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy
51
5
EL SEGUNDO CITY COUNCIL MEETING DATE: September 1, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to 1) award a standard Public Works Contract to the
lowest responsible bidder, FS Construction for the 2014 -2015 Curb, Gutter, Sidewalk,
and other Concrete Improvements Project, 2) amend the Maintenance Agreement with
West Coast Arborist for tree removal and replacement at locations associated with the
Project, 3) authorize additional work up to the budgeted amount. Project No. PW 14 -16
(Fiscal Impact: $500,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract in a form as
approved by the City Attorney with FS Construction in the amount of $229,922.75
for the 2014 -15 Curb, Gutter, Sidewalk and other Concrete Improvements Project;
2. Authorize the City Manager to amend the Maintenance Agreement with West Coast
Arborist, in a form approved by the City Attorney, for tree removal and replacement
services associated with the concrete repairs for an amount not to exceed $55,000.00
3. Authorize an additional contingency of $15,077.25 for unforeseen conditions;
4. Authorize an additional $200,000.00 for additional Project locations based on the
Contractor's unit bid price.
5. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Concrete Repair Locations List
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $500,000.00
Additional Appropriation: No
Account Number(s): 301 - 400 -8203 -8705 (Capital Improvement Fund)
ORIGINATED BY: Arianne Bola, Senior Engineer Associate
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The Public Works Department administers an annual concrete improvements program to repair
defective sidewalks, curbs and gutters throughout the City. The program is intended to eliminate
tripping hazards, ensure public safety, and restore proper drainage flows affected by the
defective areas. a
53
This year, the City allocated $500,000 to address its highest priority repairs, provided that no
other work is required first on any private property adjacent to the area to be repaired. Funding
is available from the Capital Improvement Fund.
On May 19, 2015, the City Council adopted the plans and specifications for Project No. PW 14-
16, 2014 -2015 Curb, Gutter, Sidewalk, and Other Concrete Improvements Project, and
authorized staff to advertise the project for receipt of construction bids. On June 30, 2015, The
City Clerk received and opened nine (9) bids which were all rejected by the City Council at its
August 4, 2015 meeting due to a staff discrepancy in how the base bid plus alternate bids were
advertised and opened. Staff rolled the alternate bid items into the base bid and re- advertised the
project for receipt of construction bids August 25, 2015. Please note that the new bid also
included 25 additional locations (from the original 258 to 283). The City Clerk received and
opened 5 bids as follows:
Bid
1. FS Construction $229,922.75
2. Rojas Construction $241,200.75
3. All American Asphalt $341,320.00
4. Martinez Concrete, Inc. $393,957.95
5. Martinez Landscape Co. Inc. $438,980.75
The lowest responsible bidder was FS Construction. Staff verified the contractor's references,
state license(s) and DIR registration status. Its State contractor license and DIR registration are in
good standing and FS Construction has satisfactorily completed jobs of similar size and scope for
many other public agencies.
Recognizing the need to remove several trees prior to concrete repairs in some locations listed in
the approved specifications (approximately 28 trees), Public Works staff coordinated with
Recreation and Parks staff on the tree removal and replacement process. The City currently has
an active contract with West Coast Arborist for the City's tree maintenance service and can
utilize that current contract for the additional tree removal services needed for the concrete
project. Staff estimated the tree removal and replacement cost associated with the concrete
repairs project to be less than $55,000. The final costs are as follows:
Proposed Construction Cost $229,922.75
West Coast Arborist Tree Removal and Replacement Service $ 55,000.00
Project Contingency $ 15,077.25
Additional Concrete Repairs +$200,000.00
Total Construction Budget $500,000.00
Therefore, staff recommends that City Council:
1) Award a standard public works contract to FS Construction for $229,922;
2) Approve an amendment with West Coast Arborists for $55,000.00;
3) Authorize $15,077.25 in additional contingencies; and
4) Authorize additional expenditures of up to $200,000.00 with FS Construction for other
high priority sidewalk, curb and gutter repairs according to the Public Works concrete
needs list. A contract amendment, based on the unit bid rates, would only be executed
once staff has determined that FS Construction provides high quality work.
54
The tentative project schedule is:
Council Award September 1
Construction begins Mid October
Project ends March 2016
Project Closeout April — May 2016
610
56
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
CONCRETE REPAIR LOCATIONS
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
1
Imperial - 546 W
48
140
2
Imperial - 428 W
110
3
Acacia - 201 W (on Cedar)
116
4
Virginia - 963
48
5
Virginia - 925
80
6
Virginia - 805
32
7
Virginia - 826
16
8
Walnut - 503 W
112
9
Vir inia - 861 (on Walnut)
32
10
Walnut - 512 W
55
11
Walnut - 310 W
32
12
Sycamore - 124
28
105
13
Yucca - 747
224
14
Palm - 521
25
15
Walnut - 205
16
16
Walnut- 202 E
240
17
Walnut - 340
104
18
Walnut - 406
120
38
19
Eucal tus - 738
180
20
Mariposa - 303 on Eucalyptus
140
21
Acacia- 321 E
96
32
22
Eucal tus - 850
80
23
Cypress- 922
50
24
Sheldon- 816
80
50
25
Sheldon - 628
32
26
Sycamore - 411
56
27
Sheldon - 826
24
31
28
Sheldon - 816
112
60
29
Imperial - 328 on Sheldon
60
30
Sheldon - 917
10
31
Cypress - 935 on Acacia
84
112
32
Sycamore - 221
140
24
33
Sycamore - 203
64
24
34
Maple - 533 E
64
35
Maple - 228
96
Page 1 of 8
57
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
36
Main - 763 (on Ma le)
40
37
Maple - 115
16
38
Maple - 227
8
39
Maple - 303
40
40
Oak - 303
16
84
41
Oak - 227
32
84
42
Oak - 421
64
43
Palm - 412
60
120
44
Palm - 422
16
45
Palm - 510
148
46
Palm - 536
48
47
Palm - 427
32
48
Palm - 415
112
49
Vir inia - 703 (on Palm)
80
50
Palm (next to library close to Main)
48
51
Palm - Library
320
73
52
Palm - 123
96
50
53
Palm - 135
112
40
54
Palm - 317
84
28
55
Virginia - 702 on Palm
232
56
Virginia - 714
196
100
57
Virginia - 718
100
58
Ma le - 426 E
20
59
Maple - 404 E
18
60
Maple - 326 E
52
48
61
Maple - 322 E
32
62
Maple - 312 E
48
44
63
Ma le - 120 E
80
29
64
Maple - 329 E
15
65
Eucal tus - 732
100
66
Hillcrest - 423
92
17.5
67
Loma Vista - 413
16
68
Loma Vista - 358
67
69
Loma Vista - 358 (next door)
54
70
Pine - 615 (next door)
102
30
71
Valle - 427
98
72
Valle - 421
96.5
16
Page 2 of 8
58
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
73
Mariposa - next to baseball cor
Virginia
248
1
74
Hillcrest - 517
144
75
Mariposa - 544 W
60
76
Maple - 1432
176
16
77
California - 841
64
78
Indiana - 723 Ct
352
12
80
79
Imperial - 1208
128
80
Park Vista Senior - on Holly
184
81
Eucalyptus - 431
32
8
82
Standard - 437
82
83
Holly /Standard sw corner City Hall
100
84
Imperial - W/O 906 SE Cor 900
McCarthy
144
48
85
McCarthy - 801 (on Lomita)
32
86
McCarthy - 904
144
87
Washington - 416
120
5
80
88
Washington - 420
92
23
89
Loma Vista - 413
192
28
90
Loma Vista - 209
16
91
Illinois - 600 on Mariposa
114
92
Illinois - 604
129
42
93
Washin ton - 521
174
94
Washington - 420
112
14
95
Washin on - 409
204
9
9
96
Whiting - at El Segundo Blvd (W
side)
380
97
Whiting - at El Segundo Blvd (E
side)
114
98
Whiting - S/O Franklin
194
26.5
99
Mariposa - bet. Washington and
Kansas
256
100
Imperial - 100 W
64
101
Virginia - 933 (on Acacia)
28
102
Virginia - 950
32
103
Virginia - 746
48
104
Loma Vista - 900 (on Walnut)
40
Page 3 of 8
59
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
105
Sycamore - 320
16
24
106
Acacia - 712
40
3
107
Acacia - 728
24
108
Dune - 835
576
9
109
Walnut - 652 W
68
17
110
Bayonne - 727
60
111
Maple - 533 W
96
112
Maple - 537 to 539 W
52
2
113
Palm - 514 W
13
114
Palm - 525 W
180
32
115
Palm - 526 W
48
29
116
Palm - 530 and 536 W
132
21
117
Walnut- 201 E
96
118
Walnut - 218 E
140
119
Walnut - 214 E
104
120
Walnut - 328 E
128
29
121
Walnut - 336 E
16
122
Walnut - 416 E
64
123
Walnut - 425 E
80
124
Eucalyptus - 740
52
125
Sycamore- 402 E
48
126
Sheldon- 833
64
127
Sheldon - 622
28
128
Maple - 503 on Sheldon
36
129
Sheldon - 922
27
130
Sheldon - 945
50
131
Imperial (Hank's Pizza)
30
35
132
Sycamore - 214
48
133
Virginia - 803 on Maple
64
134
Virginia - 760 (on Maple)
92
135
Maple - 214 W
45
136
Maple - 202 W
132
137
Maple - 111 W
32
138
Maple - 205 W
88
139
Maple - 211 W
75
140
Maple - 215 W
32
60
141
Oak - 319 W
32
Page 4 of 8
60
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
142
Oak - 314 W
16
143
Oak - 326 W
16
144
Bayonne - 727
80
145
Ba onne - 721
18
146
Palm - 409
80
147
Palm- 111
44
59
148
Palm - 115
52
149
Palm - 309
32
150
Palm - 311
48
151
Virginia - Elementary School
144
81
152
Virginia - 645
32
153
Virginia - 641
32
154
Virginia - 725
56
189
155
Virginia - 717
40
156
Virginia - 715
55
157
Virginia - 711
28
158
Virginia - 707
105
159
Maple - 208 E
80
160
Main - 768 on Maple
32
161
Maple - 219 E
28
162
Pepper - 829
36
163
Maple - 305 on Eucalyptus
32
164
Eucalyptus - 730
40
165
Penn - 331
48
166
Pine - 511
108
167
Pine - 511
60
168
Eucalyptus - 500
14
169
Eucalyptus - 500
30
170
Standard - 426
64
171
Standard - 430
32
4
172
350 Main St, City Hall parkia lot ex
24
173
350 Main St, City Hall parking lot ex
55
174
Imperial - 1002
96
175
Maple - 629 E (on Lomita)
64
176
Walnut - 531
32
177
McCarthy - 935
128
178
McCarthy - 913
256
Page 5 of 8
61
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
179
Indiana - 721 Ct
128
180
Pine - 724 W
96
181
Pine - 706 W
130
182
Pine - 700 W
146
183
Hillcrest - 507
96
184
Valle - 435
122
185
Valley - 410
72
186
Virginia - 926 (on Acacia)
28
187
Walnut - 520 W
32
188
Walnut - 306 W
112
189
Walnut - 216 W
40
190
Sycamore - 301
48
191
Maple - 124
32
192
Hillcrest - 846
16
193
Hillcrest - 940
48
194
Imperial - 604
32
195
Imperial - 608
48
196
Imperial - 628
55
197
Imperial - 646
136
198
Loma Vista - 901
92
199
Loma Vista - 905
64
200
Loma Vista - 916
20
201
Loma Vista - 933
48
202
Loma Vista - 971
16
203
Loma Vista - 975
32
204
Redwood - 718
16
4
205
Sycamore - 600
178
206
Sycamore - 641
16
207
Sycamore - 741
32
208
Bayonne - 716
32
209
Maple - 624 to 628
96
210
Maple - 737 (across from)
96
211
Oak - 612
16
212
Oak - 649
48
213
Yucca - 760
80
214
Palm - 608
180
215
Palm - 612
120
2161
Palm - 634 (on Hillcrest)
16
Page 6 of 8
62
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
" ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
217
Palm - 650
16
218
Palm - 653
80
219
Palm - 657
80
220
Palm - 711
32
221
Palm - 780
128
222
Maple - 122 E
164
27
223
Walnut - 227
32
32
224
Walnut - 222
132
225
Walnut - 210
68
226
Walnut - 333
16
227
Sheldon - 610
144
228
Eucaly ptus - 920
48
229
Sycamore - 230
48
230
Maple - 537
28
231
Maple - 423
40
232
Oak - 428
32
233
Palm - 428
96
234
Loma Vista - 735
80
235
Virgin a - 637
48
236
Maple - 214 E
116
237
Pepper - 836
64
238
Penn - 331
56
239
Penn - 331
42
240
Imperial - 1018
128
241
Center - 909
32
242
Acacia - 1033
192
243
Acacia - 1041
32
244
McCarthy - 920
80
245
McCarthy - 829
32
246
Maryland - 836
32
247
Walnut - 1303 E
64
248
Acacia - 1112
128
249
Im erial - 1108
64
250
Acacia - 1102 E
32
251
Acacia - 1108 E
32
252
Acacia - 1130 E
96
Page 7 of 8
63
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
253
Acacia - 1131 E
24
Al
Ave. next to driveway approach)
254
Acacia - 1129 E
40
Indiana St. and Mariposa Ave.
NW
1
255
Walnut - 1305 E
16
80
256,
Sycamore - 1414
16
257
Washington - NW corner at Maple
48
258
Maple - 1232
32
2591
Imperial - 418 E
36
6
117
260
Fire Station 1 (on Main)
20
10
261
Nash - 250 N (on Grand)
512
262
Grand - 2200 E
80
6
263
Washington - 841
88
76
264
Hawaii - 621 (S of dwy)
20
25
265
Hillcrest - 510
32
266
Hillcrest - 702
85
267
Lomita - 400
104
21
268
Lomita - 515
112
269
Acacia - 1200 E (on California)
32
270
Acacia - 1213 E
24
271
Bungalow - 641
98
24.5
272
Bungalow - 757
78
273
Concord - 134
70
4
24
274
Concord - 318
203
24
110
275
Concord - 364
283
276
Coral Circle - 291
127
5
18
277
Coral Circle - 270
98
278
Coral Circle - 301
27
279
Coral Circle - 353
140
25
125
280
Coral Circle - 365
45
40
2811
Coral Circle - 401
50
ADA RAMP IMPROVEMENTS
NO.
Address /Intersection
Corner
Quantity
Sepulveda - 600 N (on Mariposa
NE
Al
Ave. next to driveway approach)
1
A21
Indiana St. and Mariposa Ave.
NW
1
Page 8 of 8
64
EL SEGUNDO CITY COUNCIL MEETING DATE: September 1, 2015
AGENDA STATEMENT AGENDA HEADING: Reports — City Clerk
AGENDA DESCRIPTION:
Consideration and possible action relating to State Legislation (Assembly Bill 254 and
Senate Bill 415) regarding local election dates. (Fiscal Impact: None.)
RECOMMENDED COUNCIL ACTION:
1. Oppose AB 254 and SB 415, and direct staff to send the attached, proposed letter to
Governor Jerry Brown opposing the legislation;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposed letter.
FISCAL IMPACT: N/A
ORIGINATED BY: Tracy Weaver, City Clerk �,-
REVIEWED BY: David King, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager
till Nei
Under current California law, cities are allowed to hold elections either concurrently with
statewide races in even numbered years, April of even numbered years, and March of odd
numbered years. In California, 113 cities hold elections that are not concurrent with statewide
election cycles, so- called "off- cycle" elections. Of the 113 cities that hold off -cycle elections, 78
are in the County of Los Angeles, including the City of El Segundo.
There are two bills in the State Legislature that would take away cities' ability to hold off -cycle
elections. The first is Assembly Bill 254 (Hernandez), which amends state law to eliminate
election dates in March and April. AB 254 has been adopted by the Legislature and is currently
in its second reading in the Senate.
The second bill is SB 415 (Hueso), which proposes to prohibit political subdivisions from
holding an election on a date other than the date of statewide primary and general elections if the
cities' existing "off- cycle" election has resulted in a significant decrease in voter turnout.
Senator Hueso's contention is that voter participation in off -cycle municipal elections is less than
in presidential or gubernatorial elections. If signed by the Governor, SB 415 would require that
any city, school district or other district that has experienced a 25% decrease in its local
scheduled election compared to the previous four statewide general elections, to hold on -cycle {
elections. According to the City's elections consultant, Martin & Chapman, El Segundo has +�
experienced such a decrease in voter turnout and therefore would be required to consolidate
1
65
future elections with statewide elections starting on November 8, 2022. SB 415 has been adopted
by both houses of the legislature and is currently enrolled and awaiting Governor Brown's
signature.
Communities respond to exercising their right to vote in different ways, and City staff are of the
opinion that the setting of election dates should not be a "one size fits all" mandate from the
Legislature. Rather, the City Council should have the ability to determine what works best for
their own community. Both AB 254 and SB 415, if adopted by the Governor, will limit the
authority of the City Council to determine what is best for El Segundo and further infringes on
local control.
RECOMMENDATION:
Staff recommends that the City Council oppose AB 254 and SB 415. The attached, proposed
letter outlines several reasons for opposing both the bills. If directed by Council, the Clerk's
office will send the proposed letter to Governor Brown, urging the governor to veto both AB 254
and SB 415 should they reach his desk.
IN I
September 2, 2015
The Honorable Governor Jerry Brown
State of California
C/O State Capitol, Suite 1173
Sacramento, CA 94814
Tracy Weaver
City Clerk
RE: Veto AB 254 (Hernandez & Calderon) - Election Dates and /or
SB 415 (Hueso) — Election Dates
Dear Honorable Governor Brown:
Please do not sign either of these bills into law.
These bills would increase costs, decrease efficiency, create an unfunded mandate, and thwart the will
of the people in some California cities, as well the City of El Segundo. For cities that currently conduct
their own elections, as we do, on the currently available election dates, the following negative results
would occur:
• Increased Voter Wait Times / Longer Lines on Election Day. Because of the longer ballot
and /or multiple ballots for consolidated elections, longer wait times for voters, and increased
voter confusion from multiple ballot cards would result. How many voters "stay the ballot' and
vote on the local races at the end?
• Fewer Options Available for Initiatives / Referenda / Recalls. If a citizen - initiated petition
qualifies for the ballot, proponents would have to wait months longer until a consolidated
election date was available to them to have voters decide their question / issue.
• Local Candidates and Issues Lost in National and State races. Articles, editorials, forums,
campaign signs, and discussions would be focused on national and state races. Local
candidates would be competing with national and state candidates and issues for campaign
contributions and local races and issues would get lost.
• Vacancies Unfilled for Longer Periods. If this bill passed, cities would not be able to fill
vacancies that occurred via a special election in a timely manner, forcing cities to operate with a
four - member City Council for a long period of time. This would negatively impact operations,
and thwart the will of the people (to have full representation as soon as possible.)
• Slower Final Results. The County has up to 28 days to certify the results of an election. Cities
typically hold the final count in less than 7 days. The timeliness of the final count and
certification is especially important in a close race, and affects the efficiency of cities. With this,
the local agency will not be able to provide daily Vote By Mail reports to the candidates or
residents.
Office of the City Clerk
350 Main Street, El Segundo, California 90245 -3895
Phone (310) 524 -2307 FAX (310) 615 -0529
67
• Election Night Returns Slower. On election night, cities typically have all ballots counted, and
know the outcome, before 10:00 prn. Los Angeles County has 5,000 precincts to count, and
some precincts may not be counted until very late in the evening, or in the early morning hours.
• Loss of Community Event on Election Night. Cities typically hold election night ballot
tabulation in our own City Council chambers, and it is an important community event. Some
have television coverage and hosts that interview various community members and candidates
and ask important questions about local issues.
• Extends Terms. In El Segundo's case, if we were to move to the November election date, this
would add 8 -9 months to the terms of the current council (elected in April 2016).
• Consolidated Elections are Typically More Expensive. Stand -alone elections are typically
much less expensive than consolidated elections, and would negatively impact city budgets and
expenses. For many cities, the cost of a consolidated election is over double what a stand-
alone election would cost.
• Unfunded Mandate. By forcing cities to consolidate with Counties, this legislation creates an
unfunded mandate.
If either of these bills pass, please veto them, and do not sign them.
Sincerely yours,
Tracy Weaver, City Clerk
City of El Segundo
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