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2008 DEC 02 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2008 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: None The City Attorney Mark Hensley stated that Council would be meeting in closed session pursuant to items identified on the agenda. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) - -3- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 Allstar Fire Equipment Co. v. City of Los Angeles, LASC Case No. BS115556 Coleman v. City of El Segundo, LASC Case No. YC057685 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 1 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 4- matters City Negotiators: City Manager Jack Wayt; Human Resources Director Bob Hyland; Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (1) Unrepresented management/confidential employees (City employees who are not members of bargaining units); (2) El Segundo Police Officers' Association; (3) El Segundo Firefighter's Association; (4) the El Segundo Police Management Association. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS a. Council Member Fisher presented a Proclamation proclaiming the 1200 Block of Acacia Avenue as CANDY CANE LANE from December 13, 2008 at 7:00 p.m., through December 23, 2008, and inviting the young and young at heart to experience the wonders of this El Segundo holiday tradition. b. Mayor McDowell presented a Commendation to Benny Pessia honoring him as the El Segundo Police Department's RSVP of the Year. C. Mayor Pro Tern Busch presented a proclamation proclaiming December, 2008 the month for "Lighting Up the Community" and invite the residents of El Segundo to warmly welcome the members of the El Segundo Boy Scouts as they judge the 2008 Lighting Up the Community program. d. Council Member Brann presented a proclamation to Julie Warner, Chamber of Commerce, proclaiming Sunday, December 14, 2008 as the 45th Annual El Segundo Holiday Parade, and invited the community to all the traditional El Segundo holiday events. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - Present Council Member Fisher - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 3 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. John McCarty, resident, thanked El Segundo Paramedics and Fire Department for their recent emergency medical response. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Brann, SECONDED by Council Member Jacobson 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) C. UNFINISHED BUSINESS 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. Approved Warrant Numbers 2568886 to 2569089 on Register No. 4 in the total amount of $1,340,791.49 and Wire Transfers from 11/07/2008 through 11/20/2008 in the total amount of $1,767.156.63. 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. 2. Approved Regular City Council Meeting Minutes and Special City Council Meeting Minutes of November 18, 2008. 3. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 4 4. Authorized the City Clerk to file the City's Planning and Building Safety Director's Notices of Completion in the County Recorder's Office and authorized the City Manager to accept completion of work for 81 homes related to the City's Residential Sound Insulation Program Groups 24 (Project No. RSI 08 -02), 25 (Project No. RSI 08 -03) and 26 (Project No. RSI 08 -04). (Final Contract Amount: $795.617.93, $753,940.48 and $797,024.16) 5. Adopted Resolution No. 4578 to clarify and supplement Resolution 4574 adopted on October 21, 2008 establishing certain city -wide fees and charges specifically for Building Safety Division and Fire Department for public services provided to the public. (Fiscal Impact: $0) 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN 7. Adopted annual resolutions updating the employer's contribution under the Public Employees' Medical and Hospital Care Act for El Segundo City Employees' Association, Resolution No. 4579, El Segundo Police Support Services Association, Resolution No. 4580, and El Segundo Supervisory and Professional Employees' Association, Resolution 4581. (Fiscal Impact: Included in Adopted Budget) 8. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 9. Authorized the City Manager to execute standard Public Works Contract No. 3880, in a form approved by the City Attorney, to Southwest Pipeline and Trenchless Corporation for trenchless rehabilitation of the sanitary sewer main on Imperial Highway from east to west City limit. Approved Capital Improvement Project. Project No. PW 08 -10 (Fiscal Impact: $465,795.00) 10. Approved the request from the Young Americans Workshop Committee regarding its banners Consideration allow banners from the Young Americans Workshop Committee to be hung over Main Street at no cost. (Fiscal Impact: $178.00) MOTION by Council Member Fisher, SECONDED by Council Member Brann to approve Consent Agenda Items 1, 2, 4, 5, 7, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 3. Consideration and possible action regarding a proposed Amendment No. 3 to the Contract No. 3359 with Jenkins & Hogin, LLP increasing the hourly rates and retainer amount for City Attorney services. (Fiscal Impact: $0) MOTION by Council Member Brann to table item until an evaluation of Attorney services could be studied. MOTION FAILED FOR LACK OF SECOND. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 5 MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to approve Amendment No. 3 to the Contract No. 3359 with Jenkins & Hogin, LLP increasing the hourly rates and retainer amount for City Attorney Services. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON; NOES: COUNCIL MEMBER BRANN. 4/1 Council Member Brann requested that an item regaqrding City Attorney Services be placed on the next Closed Session Agenda. 6. Consideration and possible action authorizing the City Manager to execute a Professional Services Agreement in a form approved by the City Attorney, with All City Management Services Inc. (ACMS) for crossing guard services to El Segundo Unified School District schools for a period of one year, plus an annual renewal extension. (Fiscal Impact: $75,600; 2008 -2009) MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to authorize the City Manager to execute Professional Services Agreement No. 3881, in a form approved by the City Attorney, with All City Management Services Inc. (ACMS) for crossing guard services to El Segundo Unified School District schools for a period of one year, plus an annual renewal extension. (Fiscal Impact: $75,600; 2008 -2009) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8. Consideration and possible action regarding a Resolution providing for salary increases and benefit changes to Chapter 1A2 (Management - Confidential Series - includes all non - represented employees except the City Manager) of the El Segundo Administrative Code. (Fiscal Impact: $235,294 salary and benefit increases for Executive Management, Mid- Management/Confidential Employees; plus $190,419 in Salary Increases to resolve Salary Compaction in Public Safety for a grand total of $425,713.) MOTION by Mayor McDowell, SECONDED by Council Member Fisher to approve Resolution No. 4582 providing for salary increases and benefit changes to Chapter 1A2 (Management - Confidential Series - includes all non - represented employees except the City Manager) of the El Segundo Administrative Code as modified to approve the Battalion Chief increase of 16.9 percent with the structural change of a 7.9 percent pay increase with the remainder of the increase incentivized upon obtaining Bachelor's Degree and Master's Degree from an accredited College or University. SUBSTITUTE MOTION by Mayor Pro Tern Busch, SECONDED By Council Member Brann to approve the Battalion Chief increase of 16.9 percent with the structural change of a 7.9 percent pay increase with the remainder of the increase incentivized upon obtaining Bachelor's Degree and Master's Degree from an accredited College or University and return to Council with this item at the next meeting on December 16, 2008. MOTION FAILED BY THE FOLLOWING VOTE: AYES: MAYOR PRO TEM BUSCH AND COUNCIL MEMBER BRANN; NOES: MAYOR MCDOWELL, COUNCIL MEMBERS FISHER AND JACOBSON. 2/3 MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 6 ORIGINAL MOTION by Mayor McDowell, SECONDED by Council Member Fisher to approve Resolution No. 4582 providing for salary increases and benefit changes to Chapter 1A2 (Management - Confidential Series - includes all non - represented employees except the City Manager) of the El Segundo Administrative Code as modified to approve the Battalion Chief increase of 16.9 percent with the structural change of a 7.9 percent pay increase with the remainder of the increase incentivized upon obtaining Bachelor's Degree and Master's Degree from an accredited College or University. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON. NOES: COUNCIL MEMBER BRANN. 4/1 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK 11. Consideration and possible action regarding Council consensus to cancel the January 6, 2009 City Council Meeting. (Fiscal Impact: None) MOTION by Mayor McDowell, SECOND by Mayor Pro Tern Busch to Council the January 6, 2009 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY TREASURER REPORTS — CITY COUNCIL MEMBERS Council Member Brann — NONE Council Member Fisher — NONE 12. Consideration and possible action to review and either uphold, overturn or modify the Traffic Committee decision regarding the proposed placement of stop signs on Hillcrest Street at Sycamore Avenue. (Fiscal Impact: $1,000) Dana Greenwood, Public Works Director, responded to Council questions. MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to approve the Traffic Committee decision of October 2, 2008 regarding the placement of stop signs at the intersection of Hillcrest Street and Sycamore Avenue. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Jacobson requested an item be agendized for the next meeting regarding the removal of the stop sign at Walnut and Hillcrest. Council Member Jacobson — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 7 Mayor Pro Tern Busch — NONE Mayor McDowell — Spoke regarding the LED Christmas light exchange. 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. John McCarty, resident, spoke regarding the economic recession. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:52 p.m. 60U4�-Vy�t dvY11k Cathy Do nn, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 PAGE NO. 8