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1981 JUL 21 CC MIN - 31V X 467 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL July 21, 1981 1. CALL TO ORDER The E1 Segundo City Council convened in regular session.on the above date at the hour of 7:00 o'clock p.m., in the Council Chamber of the E1 Segundo City Hall. 2. PLEDGE OF ALLEGIANCE - led by Councilman Marvin Johnson 3. INVOCATION - delivered by Dr. Edward C. Smith, pastor of the United Methodist Church 4. ROLL CALL - Present: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Absent: Councilmen None 5. PRESENTATIONS City Manager Jones reported that on June 25, 1956, the first city manager was appointed by the Council. Presented Mayor Van Vranken with a plaque from the International City Management Association congratulating El Segundo on its Silver Anniversary of Council- Manager plan of government. At this time, the hour being 7:05 o'clock p.m., the Mayor declared a recess for the purpose of discussing salary and benefits for Police and Fire Department personnel in a closed session in his office. At the hour of 7:55 o'clock p.m., the Council reconvened, all members being present and answering roll call. The Mayor announced that Item No. 3 under the City Manager's reports would be heard at this time, and inquired if anyone wished to speak in regards to this matter. There was no response. 3) Memorandum of Understanding with E1 Segundo Police Association City Manager Jones reported that the Memorandum of Understanding was the result of many weeks of negotiations; that the agreement covers two fiscal years, ending June 30, 1983. Advised that a resolution implementing the terms of the MOU had been prepared. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the following resolution, entitled: RESOLUTION NO. 3085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR INCREASED COMPENSATION AND BENEFITS FOR CERTAIN EMPLOYEES IN THE POLICE SAFETY SERVICE which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 95 .16 6 The Mayor announced that Item No. 4 under the City Manager's reports would be heard at this time; that anyone present wishing to address the Council on this subject, may do so after the City Manager makes his report. 4) Salary and benefits - negotiations with Firemen's Association City Manager Jones reported that the City's negotiating team had met with the Firemen's Association team over several weeks with no agreement having been reached. Stated that on July 13th the City presented a three -year contract representing its last, best and final offer, placing the salaries within one - percent of the mean - average of the cities surveyed, which offer was not acceptable to the Association. The City then presented an alternate one -year offer, effective July 11, 1981, representing an eleven percent salary increase, increases in health insurance premiums, uniform allowance and life insurance provided by the City. Advised this offer included a non - discriminatory clause in the Memorandum of Understanding which would be binding on both parties and a no zipper clause on person- nel changes, which in effect means that the Association must agree to talk with the City on proposals for improving the City's personnel regulations within the term of the agreement, but does not require adoption of any specific changes. Stated that both the Union and the City's negotiators had negotiated in good faith and a sincere effort had been made to reach an agreement, but the differences could not be resolved through the negotiations. Therefore, recommended the Council implement unilaterally the one -year proposal. Advised that a resolution had been prepared that would implement the one -year package and recommended adoption by the Council. Captain Dan Seward, president Firemen's Association, related negotiating events, stating that some of the language in the offers had been vague and unexplained. Stated that all through the negotiations, the Association proposal had been in the area of a 3 -year agreement; that their objective was to reach an agreement with the City. Stated the City's proposal dealing with rules, regulations, personnel ordinances and employee /employer relations ordinance and the omission of any grievance procedures was of grave concern to the Association, believing these could be appropri- ately negotiated. Stated he did not think the unilateral action was necessary, that all would have failed if an accord is not reached. Asked the Council to give serious consideration to the issues and con- sequences of unilateral action. Mr. John Goodale, 428 West Palm Avenue, complimented the firemen for the splendid job, well done, when his wife needed paramedic assistance; that he was gratful for the calibre of men in the City's fire department. Mr. Dave Jones, 438 Maryland Street, asked about the term "Zipper Clause." City Manager Jones explained that the Zipper Clause is not new, that it has been in E1 Segundo agreements over the past several years. Stated the clause prohibits either or both parties from bringing up items for discussion dealing with salaries, benefits or working conditions during term of the agreement; that the City had proposed the clause be modified to permit certain items relating to personnel rules be discussed. Mr. Dave Jones stated he was concerned of the affect this agreement would have five or ten years from now on the Fire Department. Mr. Jim Davenport, Architect and Contractor, stated that E1 Segundo is unique in having a comparatively small residential population and a very large working population, which appears will double within the next five years. With the large industrial area containing high risk fire hazards, stated he thought the City should have the best police and fire depart- ments, and that if salaries and benefits do not rank high, the best people are not going to be recruited or stay with the departments. Asked the Councilmen to individually consider sending this back to +-'-! tatle until a fair and equitable agreement is reached. -2- Council Minutes July 21, 1981 Mr. Charles Simpson, 319 Concord Street, stated he felt E1 Segundo was growing and this concept was not being properly considered by the Council in relation to Fire and Police personnel. Stated that if personnel are lost to other cities, it would be bad for this City; that salaries must be kept up with the times. Mrs. Kathleen Ellings, 807 Center Street, stated she is a nurse at Centinela Hospital and has seen the El Segundo paramedics at work; that they are the best, they work hard and are under pressures, stress, responsibilities and burn-out is always present. Stated it is unfor- tunate they are not getting paid the best. Mrs. Barbara Mc Elvain, 216 West Maple Avenue, stated her husband works for the El Segundo Fire Department, her son has applied for position with the Culver City Fire Department, starting pay at $500 less than his father is making after 23 years on the force. Spoke of the sacri- fices a family makes when a member is in the Fire Department because of the work hours; that newer firemen are leaving for employment with other cities paying higher salaries. Fireman David Semnacher, E1 Segundo Fire Department, stated the figures quoted by Mr. Jones were distorted; that Captain Seward's figures were correct as far as wages were concerned. Captain Gary Chandler, E1 Segundo Fire Department, stated he is working 73 hours a week for the figure quoted from the W -2 form. Walter Voegtli, retired Battalion Chief, El Segundo Fire Department, stated he did not believe using the W -2 forms to average out salaries was the right approach in view of the fact that firemen's hours are different than the general employees; that the average work week hours should be listed. Advised he thought the men working overtime is a benefit both ways by having one less man, there is one less fringe benefit the City pays. Cautioned about what low wages would do to the future when the men become eligible for promotion. Stated that the budget sessions indicated the City can afford to pay higher wages and believes that if wages are kept low, good men will leave for other employment. Advised that funds could be generated for higher pay by charging for services now provided at no cost to Federal government concerns. Asked the Council to give the firemen their fair share. Engineer Bob Spratlen, E1 Segundo Fire Department, asked the Council to consider that the people who hire out at $988 per month will even- tually be the management of the department. Mrs. Marge Conover, expressed concern about communications; that the Council is concerned about the dollar, but the dangers lie in the protection of the high rise buildings going up in E1 Segundo; that firemen will not stay with the department. Stated they owe it to themselves and all the families in El Segundo to keep negotiations open until a fair amount is agreed upon. Criticized the use of the W -2 form as an evaluation, that you cannot average W -2's. At this time, the hour being 9:05 o'clock p.m., the Council recessed to closed session in the Mayor's office to discuss matters of the negotiations relating to the Firemen's Association. At the hour of 9:20 o'clock p.m., the Council reconvened, all members present and answering roll call. Mayor Van Vranken stated that negotiations had been difficult; that the City is fortunate in having good employees and the intent was to keep that quality; the guidelines had been set with that in mind. Advised that a recommendation had been made for unilateral action, and copies of a resolution encompassing this concept were handed to the Council. The City Manager explained that disciplinary action. ^ --r-al pro- cedures were included in the Personnel Rules and Regulations and there was a provision for grievances. -3- Council Minutes July 21, 1981 In response to Council's questions regarding changes, City Attorney Allen explained, if adopted, the resolution would be in effect for one year or until action is taken to change it. Motion was made by Councilman Bue, seconded by Councilman Armstrong, that the following resolution, entitled: RESOLUTION NO. 3086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR INCREASED COMPENSATION AND BENEFITS FOR CERTAIN EMPLOYEES OF THE FIRE SERVICE which was read in its entirety. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 6. ORAL COMMUNICATIONS a. Mrs. Kathleen Ellings, 807 Center Street, read the formal complaint registered on May 20, 1981 regarding an incident of the Animal Control Officer approaching her husband with a citation; that in response to the complaint, the City Manager furnished some Code numbers that did not apply. Mr. John Ellings, 807 Center Street, stated he took off work to appear in the Inglewood Court, the Court had no knowledge of the incident and he had to reappear. Stated he had not received a response to his complaint either from the City Manager or the Police Department. Asked the Council if they had the authority to have the City Manager send him the correct code sections. City Manager Jones advised that Mr. Ellings had been invited to come in and read the proper code sections relating to the incident and the Mayor extended the same offer, that he would meet with him at his convenience. b. Mrs. Barbara Mc Elvain, reminded the Council they are elected to be the voice of the people of this community and asked the Council if that is what they are expecting, is the voice of the people to deal with the problem? The Mayor responded that a judgment had to be made, and they are not always popular judgments. Mrs. Mc Elvain asked the Council for assurance that they would look further into the information to find a better solution to the problem. C. Engineer Gary Preston, E1 Segundo Fire Department, stated the reason the Association did not accept the eleven percent raise is that it placed E1 Segundo at the bottom of the cities surveyed; that they would be glad to sit down with anyone and go over the survey cities and the rates. The Mayor advised that negotiations were over, and if brand new infor- mation was presented to the City Manager's office, the Council would discuss it. 7. REPORTS OF COMMITTEES None Xriw�l -4- Council Minutes July 21, 1981 8. CONSENT CALENDAR Motion was made by Councilman Johnson, seconded by Councilman Bue, that all the items on the Consent Calendar be approved as recommended: a. Warrants Nos. 71482 through 71572 on Demand Register Summary No. 1 and Expense Checks Nos. 3373 through 3398 on Expense Check Register No. 1, in total amount of $501,953.94 ... Ratified and approved b. Request for allocation of $6,000 for Special Election to be held September 29, 1981 ... Approved allocation of $6,000 from Unappropriated Reserves of the General Fund C. Resolution directing City Clerk to canvass results of Special Municipal Election, entitled: RESOLUTION NO. 3087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 29, 1981, TO BE MADE BY THE CITY CLERK ... Resolution adopted as written d. Resolution approving Final Map of Tract No. 36241, Anastasi Construction Company Precise Plan No. 2 -80 entitled: RESOLUTION NO. 3088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 36241 LOCATED WITHIN SAID CITY ... Resolution adopted as written e. Lease Agreement with South Bay Regional Public Communications Authority for antenna space at the City's Water Plant ... Agreement approved and Mayor authorized to sign on behalf of the City. f. Request to rescind Council approval for purchase of Police Sedan from Bob Warren Pontiac and authorize purchase from Cormier Chevrolet ... Authority to purchase subject vehicle from Bob Warren Pontiac rescinded; normal bidding procedures waived and staff authorized to purchase one police vehicle from Cormier Chevrolet g. Bids for sanitation products ... Low bid of Vernon Sanitation Supply Company rejected as not meeting City specifications; bid of California Wiping Materials Company, in total amount of $4,860.10 accepted as lowest respons- ible bid. h. Amendment to agreement with South Bay Sweeping Company, granting six months extension ...Amendment to agreement approved, to expire October 31, 1981 9. CALL ITEMS FROM CONSENT CALENDAR None -5- Council Minutes July 21, 1981 10. 11. WRITTEN COMMUNICATIONS a. Los Angeles County Board of Supervisors, asked the City of E1 Segundo to seek immediate agreement regarding the completion of the I -105 Freeway The Mayor ordered the letter received and filed. b. Mr. Gerhardt Van Drie recommendations for action prior to accept- ance of the 6- million gallon reservoir project Council requested response be deferred until the matter is discussed under the Director of Public Works' Reports C. Report from County Sanitation District on Mission Canyon Landfill status The Mayor advised that there will be a continued need for more land fills. Motion was made by that El Segundo show its Los Angeles City Council Motion carried. REPORTS OF OFFICERS a. City Manager Jones Mayor Van Vranken, seconded by Councilman Bue, support for this project with a letter to the soliciting its support for subject landfill. X5472 1) Consideration of the City becoming a member of the E1 Segundo Employers Association Advised that this is a non - profit corporation for the purpose of devising methods to reduce the amount of traffic on City streets, such as encourag- ing ride - sharing, staggering work hours, shift changes, etc. Stated that to eliminate any possible conflict of interest which might be created by joining as a full member, he thought it would be appropriate to join as an associate member, which would indicate to the firms in the association that the City is willing to support the activity and work with the compan- ies to better traffic conditions. Motion was made by Councilman Siadek, seconded by Councilman Bue, that a letter of intent be sent to the E1 Segundo Employers Association indicating the City's willingness to join as an associate member and that information regarding the fee for joining be furnished to the City. Motion carried, with Councilman Armstrong voting no. Mr. Dave Jones, President E1 Segundo Chamber of Commerce, stated that a meeting had been held to outline the duties of the association, and any questions the Chamber had were answered satisfactorily. Councilman Armstrong asked for a report on what type of conflict of interest might be created by joining the association. Also stated he felt an empire was growing and he was disturbed about that. City Manager Jones stated it is a self -help organization rather than coming to government for help in solving their problems. 2) Reappropriation of carry -over matters from the 1980 -81 Budget to 1981 -82 Budget Recommended adoption of a resolution to implement the transfer of funds. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that the following resolution, entitled: RESOLUTION NO. 3089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROPRIATING CERTAIN FUNDS FOR 1981 -82 IM Council Minutes July 21, 1981 X 5 -1 ,3 which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 5) Request from Southern California Humane Society for increase in contract fees Advised that a 1511% increase had been requested in the annual fee for furnishing animal control services to the City, and that he believed this to be reasonable. Recommended that dog license fees be adjusted upward to maintain the sixty percent of the cost of the contract by increasing the basic fee of $10.00 to $12.50 for unaltered dogs and the $4.00 fee to $5.00 for altered dogs. Stated that if the Council concurred, staff would need direction to prepare an ordinance to this effect. Mr. Ron Hart, 608 Hillcrest Street, asked if animal regulation violations are treated as misdemeanors; does the violation have to be in the presence of the Pound Master and must the citation be given in a timely manner. City Attorney Allen advised that a misdemeanor must occur in the presence of an arresting officer and a misdemeanor must be handled within one year. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the City Manager's recomnendalion be approved, that an ordinance be pre- pared for increased fees for dog licenses, and that the following reso- lution, entitled: RESOLVED, that that certain form of Amendment to Agreement for Public Pound Service between the City of E1 Segundo and the Southern California Humane Society, presented to this Council on this date, be and the same is hereby approved, and after execution by each of the above named parties, a copy of said amendment to agreement be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Mayor of the City of El Segundo be and he is hereby authorized to execute said amendment to agreement for and on behalf of said City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None City Attorney Allen asked to meet in closed session immediately following this meeting to discuss a matter of threatened litigation. b. City Clerk Burrowes 1) Preparation of impartial analysis of ballot measure for the Special Election to be held September 29, 1981. Advised that if the Council wishes an impartial analysis prepared for subject ballot measure, it would be in order to direct the City Attorney to prepare the analysis for printing by the City Clerk in the sample ballot booklet mailed to all registered voters. -7- Council Minutes July 21, 1981 x�:`4 The City Attorney advised this is a policy matter at the desire of the Council. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the City Attorney prepare an impartial analysis of the measure on the Special Election Ballot and submit it to the City Clerk for printing in the sample ballot booklets. Motion carried. c. Director of Public Works Glickman 1) Change Order No. 7 to Pascal & Ludwig Inc. Project 74 -22 6.3 million gallon water reservoir Presented subject Change Order involving a time extension of 224 calen- dar days with liquidated damages for 215 calendar days amounting to $21,500. Advised that the contractor had agreed to the terms of this change order. Further advised that Mr. Lewis of Alderman, Swift and Lewis, consultants on this project, was present, as well as the project engineer Mr. Douglas Reinhardt. Mr. Reinhardt responded to Council questions regarding the leak that caused a good deal of the extended time and the purpose of the back fill operations. Stated it was impossible to estimate time on a job of this magnitude and it was his opinion that the contractor should not be pen- alized as long as he was making an honest effort to solve the problems. Councilman Siadek stated he thought it was the contractor's responsibil- ity to make the reservoir work before acceptance by the City, and the citizens had been inconvenienced for over a year longer than the contract called for. Asked why the City should forgive over half the overtime; that he thought the contractor should be charged for all the days extended. Councilman Bue stated it was not only this particular project; that over- runs were becoming too common and the people were being inconvenienced because of the extended times for completion of the projects. The Mayor asked the Council members to meet with staff, the consultants and the contractor to attempt a resolution. Director of Public Works advised that times for completion are estimates and there is no way of seeing what problems might be encountered on a project. By mutual consent, this matter was held over. At the direction of the Mayor, the City Clerk read the letter received from Mr. Gerhardt Van Drie asking the Council to not accept this project as complete, not approve additional payments for consulting engineering services, require the contractor to pay liquidated damages for all days exceeding the established construction time and require the consulting engineer and contractor to post a 10 -15 year maintenance bond. The Mayor ordered the letter received and filed. 2) Change Order No. 1 to Protocon, Inc. Project No. 79 -2A and acceptance of work, installation of third pump and engine at Storm Drain Pump Station at Center Street and Franklin Avenue Advised that subject contract had been completed on May 29, 1981 and Notice of Completion filed with the County of Los Angeles. Stated that one change order was required in total amount of $1,735.53, which will be shared with Universal Real Properties on a 70 -30 basis. Also included was a time extension of 154 calendar days caused by the delayed delivery of parts. Recommended approval of the Change Order and acceptance of the project as complete. -8- Council Minutes July 21, 1981 x ) -1 5 Motion was made by Councilman Bue, seconded by Councilman Johnson, that the following resolution, be adopted: RESOLVED, that Change Order No. 1 to Protocon, Inc. contract covering Specification No. 79 -2A be and the same is hereby approved in total amount of $1,735.53, and a time extension of 154 calendar days allowed; and BE IT FURTHER RESOLVED, that the Installation of Third Pump and Engine for Bond Issue Project No. 3401, Unit 2 by Protocon, Inc. be and the same is hereby accepted as satisfac- torily complete in accordance with Specification No. 79 -2A, as of May 29, 1981; and BE IT FINALLY RESOLVED, that the Mayor of the City of E1 Segundo be authorized to sign said Change Order on behalf of said City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilman Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 12. UNFINISHED BUSINESS City Attorney Allen reported he had been advised that Councilman Siadek wished to withdraw from being author of the argument in favor of the measure on the September 29, 1981 ballot. Therefore, stated he was prepared to present two resolutions, one rescinding resolution No. 3082 and would present the second resolution when advised what name(s) to insert. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the following resolution, entitled: RESOLUTION NO. 3090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RESCINDING RESOLUTION NO. 3082, ADOPTED JULY 7, 1981 which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None Councilman Bue announced that he would volunteer to author the argument in favor of the measure, and made a motion, which was seconded by Coun- cilman Johnson, that the following resolution authorizing him to file an argument in favor of the City Measure, entitled: RESOLUTION NO. 3091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE which was read, be adopted. -9- Council Minutes July 21, 1981 X 54 76 On roll call, said Resolution No. 3091 was adopted by the following vote: Ayes: Councilmen Bue, Johnson, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None Abstaining: Councilman Armstrong Councilman Armstrong asked if the argument was considered Council action. The City Attorney explained the argument was not Council action, it represented only the member appearing on the resolution. Mr. Ross Kon able, 909 McCarthy Court, asked if a Councilman acts as an individual on the argument, then he does not use the Council prior- ity. City Clerk Burrowes explained that as long as a Council member is designated by resolution, the priority is maintained, and she would accept that argument as first priority. 13. NEW BUSINESS - None 14. ORAL COMMUNICATIONS - None 15. RECESS - At the hour of 10:55 o'clock p.m., the Council recessed to the Mayor's office for a closed session to discuss a matter of threa- tened litigation. At the hour of 11:13 o'clock p.m., the Council reconvened, all members being present and answering roll call. The City Attorney advised that a letter had been read in closed session from Stanley 0. Epstein, Owen B. Hill and Marjorie Hill, dated July 20, 1921. The Mayor directed that said letter become a part of the record of this meeting. 16. ADJOURNMENT - No other business appearing to come before the Council at this session, motion was made by Councilman Johnson, seconded by Councilman Armstrong, that the meeting adjourn in memory of Mr. Frank Widen, a long -time resident of E1 Segundo and retiree of Standard Oil Company; and further that the meeting adjourn until Tuesday, August 4, 1981 at 6:30 o'clock p.m., in the Council Chamber of the City Hall in the City of E1 Segundo; the hour of adjournment of this meeting being 11:15 o'clock p.m. Motion carried. Respectfully submitted, APPROVED Valerie A. Burrowes, City Clerk R. K. Van Vranken, Mayor -10- Council Minutes July 21, 1981