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2003 OCT 21 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 21, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Absent Council Member McDowell- Present Council Member Wernick - Present Mark Hensley, City Attorney, requested Council, pursuant to Government Code Section 54954.2 (b)(2), consider adding three items to the agenda that arose after the posting of the agenda. 1. Consideration and possible action regarding adding to the agenda an item for the appointment of the City Manager as Labor Negotiator with respect to the Director of Administrative Services - Gov't Code 54957.6 The City Attorney explained that subsequent to the posting of the agenda the City Manager was notified by the Director of Administrative Services that he had received an offer of employment from another City. The City Manager wants the ability to negotiate a potential increase in the compensation level for the Director of Administrative Services for purposes of attempting to retain the Director. The Director has informed the City Manager that he needs to respond to his offer from the other City before the next El Segundo Council Meeting and so the City Manager is requesting that this matter be added to this agenda as the City will not otherwise have an ability to potentially retain the Director. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to add to the agenda an item for the appointment of the City Manager as the Labor Negotiator with respect to the Director of Administrative Services. MOTION PASSED BY UNANIMOUS VOICE VOTE: 4/0. COUNCIL MEMBER GAINES ABSENT 2. Consideration and possible action regarding an item to the closed session agenda for labor negotiation pursuant to Government Code Section 54957.6.(Labor Negotiator: Mary Strenn, City Manager; Unrepresented Employee: Bret Plumlee, Director of Administrative Services). Reason for adding this item is same as reason stated under item no. 1 above. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 1 MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to add to the agenda the Labor Negotiation item to the Closed Session agenda with respect to the Director of Administrative Services. MOTION PASSED BY UNANIMOUS VOICE VOTE: 4/0. COUNCIL MEMBER GAINES ABSENT. 3. Consideration and possible action regarding adding the following pending litigation item to the closed session pursuant to Government Code Section 54956.9 (a): Alberto Pulido v. City of El Segundo; Superior Court of the State of California for the County of Riverside (Case No. 39682) The City Attorney explained that he received the complaint subsequent to posting the agenda and that he needed direction from the Council before the next Council meeting regarding defense and indemnity issues as the Police Chief and Officer Leyman were named individually as defendants in the action and adequate time needed to be given with respect to retention of legal counsel issues. The complaint relates to alleged excessive force and civil rights violations based upon an injury the plaintiff received from one of the Police Department's canines. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to add the above item to the closed session agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. The City Attorney stated that the City Council would be meeting in closed session pursuant to the agenda items described on the agenda as well as the items added to the agenda. The City Attorney noted that the item on the closed session with respect to anticipated litigation under Government Code Section 54956.9 (b) is based upon Claim No. 03 -30 from "Imagine This" a business located on Main Street. The claim is based upon alleged business interruption related to the Main Street construction activities. The item under 54956.9(c) is related to potential litigation against Los Angeles World Airports and the City of Los Angeles related to Los Angeles Airport potential expansion. The Mayor asked whether anyone from the public wanted to address the Council at this time. Resident Liz Garnholz asked some questions of the City Attorney regarding some of the closed sessions items and the City Attorney briefly responded to her questions. Action Items: 1. APPOINTMENT OF LABOR NEGOTIATOR - UNREPRESENTED EMPLOYEE DIRECTOR OF ADMINISTRATIVE SERVICES. Appointment of Mary Strenn, City Manager, to act as Labor Negotiator with respect to the Director of Administrative Services position. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to appoint the City Manager as the Labor Negotiator with respect to the Director of Administrative Services. MOTION PASSED BY UNANIMOUS VOICE VOTE: 4/0. COUNCIL MEMBER GAINES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO. 2 2. APPOINTMENT OF LABOR NEGOTIATOR - CITY MANAGER'S CONTRACT Consideration and possible action regarding appointment of the City Attorney as the Labor Negotiator with respect to the City Manager's Contract. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to appoint the City Attorney as the Labor Negotiator with respect to the City Manager's Contract. MOTION PASSED BY UNANIMOUS VOICE VOTE: 4/0. COUNCIL MEMBER GAINES ABSENT. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — None CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 4 matters 1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association Labor Negotiator: Mary Strenn, City Manager Bargaining Units: Supervisory and Professional Employees Association Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Police Management Association Labor Negotiator: Mark Hensley, City Attorney Unrepresented Employee: Mary Strenn, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — 6:00 PM SESSION Interview candidates for the Community Cable Advisory Committee, Senior Citizen Housing Corporation Board, and LAX Master Plan Advisory Council (LAXMAC) — to be continued until Wednesday, November 5, 2003 at 6:15 p.m. Council reconvened to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 3 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 21, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Julie Elkins of United Methodist Church PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick PRESENTATIONS — (a) Council Member McDowell presented a proclamation to Kimberly Stone, Little Company of Mary Hospital and Stacia Mancini, Director of Recreation and Parks, proclaiming Friday, October 31, 2003 as Halloween Frolic in El Segundo. (b) Council Member Wernick presented a proclamation to Chevron and the El Segundo Police Department proclaiming Red Ribbon Week, October 27 -31, 2003. (c) Mayor Pro Tern Jacobs presented a proclamation to Diane Saign, Vice President of Income Development for the American Cancer Society and Cindy Salkin, in observance of Breast Cancer Awareness Week, October 17 -26, 2003. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Absent Council Member McDowell- Present Council Member Wernick - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholz, resident, requested clarification of agenda item 7. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 4 MOVED by Council Member Wernick, SECONDED by Council Member McDowell to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding a request to Amend the General Plan Land Use Element and the 124th Street Specific Plan to allow parking as an additional permitted use on a 3.93 acre site at 401 North Aviation Boulevard (northwest corner of El Segundo Boulevard and Aviation Boulevard). Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding a request to amend the General Plan Land Use Element and the 124th Street Specific Plan to allow parking as an additional permitted use on a 3.93 acre site at 401 North Aviation Boulevard. He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Deputy Clerk Domann stated that proper notice was completed and no written communications had been received. Paul Garry, Senior Planner, gave a report. Liz Garnholz, resident, spoke regarding the item. Kitty Crowley, spoke regarding the proposed water well project on this property. Council consensus to close public hearing. Paul Garry, Senior Planner, responded to Council questions. Mark Hensley, City Attorney read by title only: RESOLUTION NO. 4329 RESOLUTION APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 617, SUBMITTED BY THE AEROSPACE CORPORATION, TO AMEND GENERAL PLAN DESIGNATION FOR 401 NORTH AVIATION BOULEVARD AND AMEND THE 124th STREET SPECIFIC PLAN ZONING TO ALLOW PARKING AS AN ADDITIONAL PERMITTED USE. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to adopt Resolution No. 4329 approving a negative declaration of Environmental Impacts for Environmental Assessment No. 617, submitted by the Aerospace Corporation, to amend General Plan Designation for 401 North Aviation Boulevard and amend the 124th Street Specific Plan Zoning to allow parking as a additional permitted use. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. Mark Hensley, City Attorney read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 5 AN ORDINANCE AMENDING PARKING AS AN ADDITIONAL STANDARDS FOR A PARKING AMENDMENT NO. 03 -2) ORDINANCE NO. 1367 THE 124TH STREET SPECIFIC PLAN ADDING PERMITTED USE AND ADDING DEVELOPMENT USE WITHIN THE PLAN AREA (SPECIFIC PLAN Council Member McDowell introduced the Ordinance. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding interviews of candidates to Community Cable Advisory Committee, Senior Citizen Housing Corporation Board, and LAX Master Plan Advisory Council (LAXMAC). Council consensus to continue interviews until Wednesday, November 5, 2003 at 6:15 p.m. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2536437 to 2536700 on Register No. 1 in the total amount of $1,443,912.42 and Wire Transfers from 9/27/2003 through 10/10/2003 in the total amount of $1,349,057.76. Authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. PULLED BY COUNCIL MEMBER WERNICK 5. Adopted Resolution No. 4330, Calling for, Resolution No. 4331, requesting County services and Resolution No. 4332, adopting regulations for candidates statements for the General Municipal Election, April 13, 2004. 6. Approved Standard Professional Services Agreement No. 3259 with Martin & Chapman Co. for Election Support and Services for the General Municipal Election, April 13, 2004. (Contract amount not to exceed $35,000). Authorized the City Manager to execute. 7. PULLED BY MAYOR GORDON AT THE REQUEST OF THE PUBLIC MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO. 6 8. Adopted Resolution No. 4333 establishing a salary range for the new job classification of Administrative Technical Specialist, Library and a revised salary range for the job classification of Director of Library and Cable Approved class specifications for Administrative Technical Specialist, Library and Director of Library and Cable Services. 9. Authorized City Manager to execute a professional service Agreement No. 3260 with David Johnson for an hourly amount of $62.00 per hour for the purpose of providing services as Interim Public Works Director. (Fiscal Impact $46,000). 10. Authorized the City Manager to execute a professional service Agreement No. 3261 with Shannon & Associates for an amount not to exceed $25,000 for the purpose of providing executive search services. (Fiscal Impact $25,000). 11. Authorized payment to Sequel Contractors, Inc., in the amount of $31,069.58, for emergency road work performed in El Segundo Boulevard east of Nash Street. (Total Cost $31,069.58) 12. Accepted the work as complete for the project for elimination of Sanitary Sewer Pump Station No. 12 located at 115 West Oak Avenue — Approved Capital Improvement Program — Project No. PW 03 -02. (Final Contract Amount $311,041.80) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 13. Approved the purchase of the Class software system for the Recreation and Parks Department. (Fiscal Impact $58,060) Authorized the City Manager to execute Contract No. 3262 in a form approved by the City Attorney. 14. Approved the purchase of Sensormatic Security System for the golf course pro shop. This is an approved CIP project for the golf course. (Fiscal Impact is $12,902) MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to approve consent items 3, 5, 6, 8, 9, 10, 11, 12, 13 and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. CALL ITEMS FROM CONSENT AGENDA 4. City Council Meeting Minutes of October 8, 2003. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to approve the City Council Meeting Minutes of October 8, 2003. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER MCDOWELL; NOES: NONE; ABSENT: COUNCIL MEMBER GAINES; NOT PARTICIPATING: COUNCIL MEMBER WERNICK. 3/0 7. Consideration and possible action regarding the annual Resolutions updating the employers's contribution under the public Employees' Medical and Hospital Care Act. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 7 MOVED BY Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4334 fixing Employer's Contribution under Public Employees' Medical and Hospital Care Act for El Segundo Police Officers' Association; adopt Resolution No. 4335 fixing Employer's Contribution under Public Employees' Medical and Hospital Care Act for El Segundo Firefighters' Association; adopt Resolution No. 4336 fixing Employer's Contribution under Public Employees' Medical and Hospital Care Act for City Employees' Association; and adopt Resolution No. 4337 fixing Employer's Contribution under Public Employees' Medical and Hospital Care Act for Executive Management, Mid - Management and Confidential Employees, City Manager and Elected Officials. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. F. NEW BUSINESS G. REPORTS — CITY MANAGER Mary Strenn, City Manager, gave an oral report regarding progress on the downtown project. H. REPORTS — CITY ATTORNEY — REPORTS - CITY ATTORNEY - Announced the addition of items to the Closed Session agenda which arose after the posting of the agenda: Lawsuit Alberto Pulido v. City of El Segundo, Riverside Case 396282, dog bite Incident related to the Police Department. Stated that the City Council voted 4/0/1, with Council Member Gaines absent, to defend and indemnify the City of El Segundo, Police Department, Chief Wayt and Officer Leyman. Noted that another item had been added to closed session agenda which related to labor negotiations regarding the Director of Administrative Services and noted that it is anticipated that a public session item will be placed on the next City Council meeting relating to this matter. REPORTS — CITY CLERK — Noted the next Regular City Council meeting scheduled for Wednesday, November 5, 2003 due to the consolidated election on November 4, 2003. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Reported on Writers' Panels held recently at the Public Library. Council Member Wernick — Reported on LAX Advisory Committee recommendations. Mayor Pro Tern Jacobs — Reported the next South Bay Council of Government meeting on October 23, 2003, 5:30 p.m., Redondo Beach Library and on the upcoming Water Harvest. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO. 8 Mayor Gordon — Reported on fundraiser for the South Bay Youth Project. Noted that the Public Utilities Commission has decided not to split the 310 area code. Reported on Regional Airport Plan press conference. Thanked public for their response to newsletter survey. 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. Joe Branden, resident, spoke regarding the new parking structure. Kitty Crowley, resident, spoke regarding the reinstallation of the heritage stones. Juli Potter, resident, spoke regarding announcements at the 5:00 p.m. session regarding LAX litigation. Spoke on the Labor Negotiations regarding the City Manager's contract. Sharon O'Rourke introduced herself as the new Gas Company representative for El Segundo. Mark Hensley, City Attorney, responded to questions regarding the Labor Negotiations and LAX litigation. MEMORIALS — Michael Welllman Bowen, El Segundo school teacher for 33 years. CLOSED SESSION - NONE ADJOURNMENT at 8:05 p.m. Cathy omann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER21, 2003 PAGE NO 9