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2010 JUL 06 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 6, 2010 — 5:00 P.M. 5:00 P.M. SESSION — Mayor Busch at 5:00 p.m. CALL TO ORDER ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - 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: Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items listed on the agenda and that one Government Code §54956.9(b) item, Claim No. 10 -15, Dequan Hale, was being deleted from 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) -2- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 NSA Construction Group, Inc. vs. City of El Segundo, LASC Case No. BC438182 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 1 APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter Position: City Manager. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-2- matters Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt and Bob Hyland Unrepresented Employee: City Manager City Negotiator: City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 6, 2010 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:04 p.m. INVOCATION — Cindy Mortesen, City Clerk PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - Present Council Member Jacobson - 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. Ron Swanson, S & S Hardware; spoke regarding forming a sponsorship program to pay for the pyrotechnics for the July 4t" celebrations. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECONDED by Mayor ProTem Fisher 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 3 Continuation of Council's consideration to transition the El Segundo Fire Department's ( "ESFD ") services to the Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles County Fire Department), including possible action to direct staff to undertake further analysis of potential impacts including, without limitation, an analysis pursuant to Elections Code § 9212 regarding an initiative petition currently being circulated that would require, if adopted, that ESFD's services be performed by the County. Council requested this item be placed on the agenda every meeting until a decision is made. 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. 2. Approved Warrant Numbers 2577711 to 2578024 on Register No. 18 in the total amount of $1,601,750.58 and Wire Transfers from 6/04/10 through 6/24/10 in the total amount of $2,275,380.52. 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. 3. Approved Regular City Council Meeting Minutes of June 15, 2010 and Special Meeting Minutes of June 15, 2010, June 24, 2010 and June 28, 2010. 4. Consideration and possible action to adopt Resolution No. 4667 authorizing the City Manager to execute an agreement to join and participate in the Los Angeles County Energy Program (LACEP). (Fiscal Impact: None) MOTION by Council Member Brann, SECONDED by Mayor ProTem Fisher to approve Consent Agenda Items 2, 3, and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK J. REPORTS — CITY TREASURER MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 4 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Congratulated the City and personnel for the July 4th celebration. Council Member Brann — Suggested that donations be requested to pay for the pyrotechnics for the July 4th celebrations for 2011. He suggested the City contact the Chamber and proceed with a corporate sponsorship program. Council Member Brann also requested that an extensive report be prepared on our budget reserves, how much is currently in City reserves, what triggers using them, their purpose, and how they compare to other cities. Council Member Jacobson — Complimented the City on the July 4th celebration. Mayor Pro Tern Fisher — Concurred with Council Member Brann's suggestion of obtaining corporate sponsorship for the July 4 pyrotechnics portion of the celebration. Mayor Busch — Spoke on the cost savings that are being accomplished by the aerospace companies and the Air Force. He also requested to agendize getting corporate and business sponsors for the 4th of July fireworks celebration. 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. Ron Swanson, Resident; encouraged Council to put the County proposal on the City website, and a condensed version in the water bill, for the public to understand the consequences. MEMORIALS — CLOSED SESSION — 7:50 p.m. 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: MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 5 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 NSA Construction Group, Inc. vs. City of El Segundo, LASC Case No. BC438182 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter Position: City Manager. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2- matters Represented Group: Police Support Services Employees Association (PSSEA), City Employees Association (CEA), Firefighters Association (FFA), Police Managers Association (PMA), Police Officers Association (POA), Supervisory and Professional Employees (S &P) Negotiators: Jack Wayt and Bob Hyland Unrepresented Employee: City Manager City Negotiator: City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Mayor Busch announced that direction was given to staff and no action was taken. ADJOURNMIENT at 8:39 p.m. ortesepV-Qity Cl MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 6, 2010 PAGE NO. 6