2015 Dec 01 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 1, 2015 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
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:
1. Consideration and possible action to appoint the City Attorney as the labor
negotiator with regard to the City Manager's employment agreement.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Atkinson to
appoint the City Manager as the labor negotiator with regard to the City Manager's
employment agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
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): -2- 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
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 1
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): -1- 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
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-9-
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
2. Unrepresented Employee: City Manager
Agency Designated Representative: City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:50 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 1, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson
PRESENTATIONS
a) Proclamation read by Council Member Atkinson and presented to Jennifer and
Bob Turnbull for Candy Cane Lane Opening, December 12, 2015.
b) Proclamation read by Mayor Fuentes and presented to Linda Briese for the 52nd
Annual El Segundo Holiday Parade, December 13, 2015.
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Corrie Chitlik, Member of the Environmental Committee, recommends passing item
#E13.
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.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 3
1. Consideration and possible action to adopt an Urgency Ordinance and a non -
urgency Ordinance deleting El Segundo Municipal Code ( "ESMC ") Chapter 10 -2
regarding Water Conservation in Landscaping; adding a new ESMC Chapter 15-
15A regarding Water Conservation in Landscaping; amending ESMC § 15 -1 -6 to
add new definitions for types of landscaping and artificial turf; amending ESMC §
15 -2 -14 regarding landscaping and artificial turf requirements; and amending
certain landscaping sections in all Zoning Districts in ESMC Title 15.
(Fiscal Impact: None) Applicant: City of El Segundo.
Mayor Fuentes stated this was the time and place to conduct a public hearing regarding
adopting an Urgency Ordinance and a non - urgency Ordinance deleting El Segundo
Municipal Code ( "ESMC ") Chapter 10 -2 regarding Water Conservation in Landscaping;
adding a new ESMC Chapter 15 -15A regarding Water Conservation in Landscaping;
amending ESMC § 15 -1 -6 to add new definitions for types of landscaping and artificial
turf; amending ESMC §15 -2 -14 regarding landscaping and artificial turf requirements;
and amending certain landscaping sections in all Zoning Districts in ESMC Title 15.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had not been received in the City Clerk's office.
Mayor Fuentes opened the Public Hearing.
Greg Carpenter, City Manager, introduced the item.
Sam Lee, Director of Planning and Building Safety, gave a presentation and answered
Council questions.
Mayor Fuentes announced the Public Hearing is now open for public comment.
Council Discussion
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1514
AN URGENCY ORDINANCE DELETING EL SEGUNDO MUNICIPAL CODE (ESMC)
CHAPTER 10 -2 REGARDING WATER CONSERVATION IN LANDSCAPING; ADDING
A NEW ESMC CHAPTER 15 -15A REGARDING WATER CONSERVATION IN
LANDSCAPING: AMENDING ESMC § 15 -1 -6 TO ADD NEW DEFINITIONS FOR
TYPES OF LANDSCAPING AND ARTIFICIAL TURF; AMENDING ESMC § 15 -2 -14
REGARDING LANDSCAPING AND ARTIFICIAL TURF REQUIREMENTS; AND
AMENDING LANDSCAPING SECTIONS IN ALL ZONING DISTRICTS.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Ordinance No. 1514. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 4
ORDINANCE NO. 1515
AN ORDINANCE DELETING EL SEGUNDO MUNICIPAL CODE (ESMC) CHAPTER
10 -2 REGARDING WATER CONSERVATION IN LANDSCAPING; ADDING A NEW
ESMC CHAPTER 15 -15A REGARDING WATER CONSERVATION IN LANDSCAPING:.
AMENDING ESMC § 15 -1 -6 TO ADD NEW DEFINITIONS FOR TYPES OF
LANDSCAPING AND ARTIFICIAL TURF; AMENDING ESMC § 15 -2 -14 REGARDING
LANDSCAPING AND ARTIFICIAL TURF REQUIREMENTS; AND AMENDING
LANDSCAPING SECTIONS IN ALL ZONING DISTRICTS.
Council Member Fellhauer introduced Ordinance No. 1515. The second reading and
adoption of the Ordinance is scheduled for Dec. 15, 2015.
2. Continuation of a public hearing regarding the El Segundo South Campus
Specific Plan Project (ESSCSP) for property generally located at 2000 to 2100 El
Segundo Boulevard owned by the Raytheon Company.
(Fiscal Impact: If approved, the project would provide $4,000,000 in direct
payment revenue; up to $1,071,228 in direct payment revenue related to
development fee per square foot; an estimated $11,893,000 roadway
infrastructure; $75,000 for bicycle parking; and potentially $375,000 for
wastewater infrastructure improvements).
Greg Carpenter, City Manager, stated the applicant asked for a continuance of the item,
therefore, the item will be brought back to the December, 15, 2015 City Council
Meeting.
C. UNFINISHED BUSINESS
3. Consideration and possible action regarding Adoption of an Ordinance to
approve an Amendment to the Contract between the Board of Administration of
the California Public Employees' Retirement System (CaIPERS) and the El
Segundo City Council to cease contributions under Government Code Section
20516(a) (3% Employer Cost Sharing of Additional Benefits) applicable to
unrepresented fire classifications and the represented classification in the
Supervisory and Professional Employees' Association.
(Fiscal Impact: $14,900 Savings for Fiscal Year 2015 -16)
Greg Carpenter, City Manager, introduced the item.
Martha Dijkstra, Director of Human Resources, gave a presentation
Council Discussion
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
waive the second reading and adopt Ordinance No. 1512. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 5
4. Consideration and possible action to receive and file this report regarding the
Public Works Department emergency preparedness plan for the anticipated
2015/16 El Nino storm events.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Stephanie Katsouleas, Director of Public Works, gave a presentation.
Council Discussion
Council consensus to receive and file the report regarding the Public Works Department
emergency preparedness plan for anticipated 2015/16 El Nino storm events.
5, Consideration and possible action to: adopt a resolution placing a proposition on
the ballot for the City's April 12, 2016 general municipal election to increase the
City's Transient Occupancy Tax ( "TOT ") from 8% to a higher percentage to be
determined by City Council (TOT is paid by patrons of hotels and motels); adopt
a resolution directing the City Attorney's Office to prepare an impartial analysis of
the ballot measure; adopt a resolution regarding ballot argument regulations; and
appoint a Council Member or Council Members to draft ballot arguments
regarding the ballot measure.
(Fiscal Impact: varies based on percentage increase, currently each 1 % is equal
to approximately $800,000 annually).
Greg Carpenter, City Manager, introduced the item and gave a presentation.
Council Discussion
Mark Hensley, City Attorney, read by title only;
RESOLUTION NO. 4948
A RESOLUTION PLACING A BALLOT MEASURE ON THE APRIL 12, 2016 BALLOT
PURSUANT TO ARTICLE XIIIC, § 2(B) OF THE CALIFORNIA CONSTITUTION;
ELECTIONS CODE § 9222; AND GOVERNMENT CODE §§ 53723 AND 53724
REGARDING TRANSIENT OCCUPANCY TAXES ( "HOTEL TAX ").
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Resolution No. 4948, placing a proposition on the ballot for the City's April 12,
2016 general municipal election to increase the Transient Occupancy Tax (TOT) from
8% to 12 %. MOTION PASSED BY VOICE VOTE. 4/1 YES; ATKINSON, DUGAN,
FELLHAUER, FUENTES NO: Jacobson
Mark Hensley, City Attorney, read by title only;
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 6
RESOLUTION NO. 4949
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPATIAL
ANALYSIS OF THE BALLOT MEASURE REGARDING THE EL SEGUNDO
TRANSIENT OCCUPANCY TAX.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Resolution No. 4949 directing the City Attorney's Office to prepare an impartial
analysis of the ballot measure. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
Mark Hensley, City Attorney, read by title only;
RESOLUTION NO. 4950
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS
FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION
FOR AN ELECTION ON APRIL 12, 2015.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Resolution No. 4950 setting the requirements for ballot arguments effecting the
ballot measure. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to
appoint Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member Atkinson, Council
Member Fellhauer and Council Member Dugan to draft ballot arguments regarding the
ballot measure. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D, REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
6. Consideration of request by the Community Cable Advisory Committee for
possible action to adopt a Resolution approving the use of City Cable TV
broadcast facilities for the production, broadcast and distribution of Candidate
Video Statements for use during local elections and adopting guidelines therefor
(Fiscal Impact: $1,100 estimated per election year)
Greg Carpenter, City Manager, introduced the item.
Meredith Petit, Recreation and Parks Director, gave a presentation,
Council Discussion
Item failed due to lack of support from Council.
E. CONSENT AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 7
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.
7, Approve Warrant Numbers 3008592 through 3008813 on Register No. 4 in the
total amount of $1,111,929.79 and Wire Transfers from 11/02/15 through
11/15/15 in the total amount of $ 3,376,881.85. Authorized staff to release.
Ratified Payroll and employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
8, 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)
9. Waive the bidding process per El Segundo Municipal Code § §1 -7 -10 and 1 -7 -11
and award amendment no. 4890At to Zoll Medical Corporation, for the purchase
and preventative maintenance of two (2) replacement monitors manufactured by
Zoll Medical Corporation and authorize the City Manager to execute an
amendment to the existing onsite services agreement with Zoll Medical
Corporation, and to incorporate two additional monitors to be covered for
preventative maintenance, in a form approved by the City Attorney.
(Fiscal Impact: $66,170.00)
10. Approve the second reading and adopt Ordinance No. 1513 amending El
Segundo Municipal Code §1 -6 -4 regarding Employment Exclusions from Civil
Service.
(Fiscal Impact: $373,700.00)
11. Adopt Resolution No. 4951 providing for salary and benefit changes to Chapter
1A2, Management- Confidential Series, of the El Segundo Administrative Code
and adopt Resolution No. 4952 and No. 4953 for CalPERS Employer Paid
Member Contributions (EPMC) for Safety Executives and Fire Management.
(Fiscal Impact: $16,800.00 Estimated Savings)
12. Approve A Memorandum of Understanding No. 4951 (Labor Agreement)
between the City of El Segundo and the El Segundo Firefighters' Association,
Resolution No. 4954 approve a class specification for the newly created class of
Fire Paramedic and adopt Resolution No. 4955 establishing a basic monthly
salary for the new class of Fire Paramedic. (Fiscal Impact: FY 2015 -16:
Estimated Net Savings of $519,500; Fiscal Impact FY 2016 -17: Estimated Net
Savings of $246,210.)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 8
13. Receive and file the report and adopt Resolution No. 4956 in support of the
Energy Efficiency section of the City's future Climate Action Plan (CAP), which
was developed by the South Bay Cities Council of Governments (SBBCOG)
for El Segundo.
(Fiscal Impact: None)
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
approve Consent Agenda items 7, 8, 9, 10, 11, 12 and 13. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G, REPORTS — CITY MANAGER — Happy Birthday to Sam Lee
H, REPORTS — CITY ATTORNEY — Happy Birthday to Sam Lee
REPORTS — CITY CLERK
14. Consideration and possible action regarding Council Consensus to cancel the
January 5, 2016 City Council Meeting.
(Fiscal Impact: None)
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
cancel the January 5, 2015 City Council Meeting. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
Attending a conference on New Laws and Elections in San Diego with Mona Shilling.
Will report back the new laws that will effect the City of El Segundo.
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — None
Council Member Atkinson — None
Council Member Dugan — Mentioned item #E12 passed and thanked the Fire Fighter's
Association for signing the contract and moving forward.
Mayor Pro Tern Jacobson — Mentioned the City's Super CPR Saturday.
Mayor Fuentes — Thanked the Fire Fighter's Association for finalizing their contract with
the City. Invited residents to the Tree Lighting on Thursday, December 3, 2015 from
3:00 PM to 7:00 PM in the Civic Center Quad.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 9
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Jack Axelrod, resident, commented on items of concern.
MEMORIALS — None
ADJOURNMENT at 8:39 PM
Tracy W ver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2015
PAGE No. 10