2010 OCT 19 - CC PACKET REVREVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 19, 2010 - 7:00 P.M.
Next Resolution # 4688
Next Ordinance # 1449
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Deputy City Clerk, Cathy Domann
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
a. Presentation proclaiming October 24, 2010 World Polio Day
b. Presentation from the Recreation & Parks Department to recognize the
following: Hacienda Hotel & Conference Center; Embassy Suites Los Angeles
International Airport / South; and ArcLight Cinemas Beach Cities as the 2010
Halloween Frolic Sponsors, and to Individual Donor Ralph Lanphere for his
contributions to the Aquatics Program.
ROLL CALL
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.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
1. Consideration and possible action to receive and file a report and
response to the Mayor's request providing information regarding
employee benefits and salary information. (Fiscal Impact: None)
Recommendation — (1) Receive and file staff report in response to the
October 5, 2010 City Council Meeting request regarding employer CalPERS
compensation rates and types of compensation for which PERS contributions
are paid by the City; (2) Alternatively, discuss and take other action related to
this item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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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. Warrant Numbers 2579303 to 2579478 on Register No. 1 in the total
amount of $769,050.99 and Wire Transfers from 09/24/10 through
10/07/10 in the total amount of $1,205,862.11.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and /or
adjustments; and wire transfers.
3. Regular City Council Meeting Minutes of October 5, 2010.
Recommendation — Approval.
4. Consideration and possible action to authorize the City Manager to
execute a Public Service Agreement with South Bay Children's Health
Center Association/The South Bay Youth Project to provide on -site
counseling services at El Segundo Unified School District. (Fiscal
Impact: $33,018)
Recommendation — (1) Authorize the City Manager to execute a Public
Services Agreement in a form as approved by the City Attorney in the amount
up to $33,018; (2) Alternatively, discuss and take other action related to this
item.
5. Consideration and possible action to award a three (3) year Landscape
Maintenance Agreement to the lowest responsible bidder, TrueGreen
LandCare for the City's landscape maintenance services. (Fiscal Impact:
$137,322.00)
Recommendation — (1) Authorize the City Manager to execute a three (3)
year Landscape Maintenance Agreement in a form as approved by the City
Attorney in the amount of $137,322.00; (2) Alternatively, discuss and take
other action related to this item.
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6. Consideration and possible action to adopt Ordinance No. 1448
approving Environmental Assessment EA 723 to amend the El Segundo
Municipal Code ( "ESMC ") §15- 27 -6(D) and §15- 27A -6(E) regulating the
collection of impact fees. (Fiscal Impact: NIA)
Recommendation — (1) Waive second reading and adopt Ordinance No. 1448
for Environmental Assessment EA 723; (2) Alternatively, discuss and take
other action related to this item.
7. Consideration and possible action to adopt a resolution amending the
City's existing procedures for mailing, handling and counting of
Proposition 218 protest ballots to include residential (solid waste) trash
collection service fees. (Fiscal Impact: None)
Recommendation — (1) Adopt a resolution amending the City's existing
procedures for mailing, handling and counting of Proposition 218 protest
ballots to include residential trash collection fees; (2) Alternatively, discuss
and take other action related to this item.
8. Consideration and possible action to adopt a new resolution which
replaces Resolution 3784 due to Los Angeles County's reorganization
for solid waste management from Los Angeles County Department of
Health Services to the Los Angeles County Department of Public Health.
(Fiscal Impact: None)
Recommendation — (1) Adopt the attached resolution designating the Los
Angeles County Department of Public Health as the enforcement agency to
carry out the provisions of the Z'berg - Kapiloff Solid Waste Control Act of 1976
and the subsequent California Integrated Waste Management Act of 1989; (2)
Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding approval of a five -year
lease with Oce North America for a multifunctional digital document
copier to be used by the City Clerk's Office for printing, copying,
scanning, and faxing. (Fiscal Impact: Not to exceed $9,000 per year)
Recommendation — (1) Approve five -year lease, in a form approved by the
City Attorney, with OCE North America; (2) Alternatively, discuss and take
other action related to this item.
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10. Consideration and possible action regarding approval of a resolution
implementing the City's Last, Best, and Final Offer regarding the
impacts of layoff, consisting of a severance package for the laid off
employees with the City Employee Association bargaining unit. (Fiscal
Impact: $11,122.56)
Recommendation — (1) Approve the attached Resolution; (2) Alternatively,
discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes —
Council Member Brann —
Council Member Jacobson —
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Mayor Pro Tom Fisher -
Mayor Busch -
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 tine 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.
MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et Mg.) 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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: l' - /'I
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TIME: 11.'50 f1•v�.
NAME: F-( j? v,n,,,
EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Resolution implementing the City's Last,
Best, and Final Offer regarding the impacts of layoff, consisting of a severance package for the laid
off employees within the City Employees Association bargaining unit. Fiscal Impact: $11,122.56.
RECOMMENDED COUNCIL ACTION:
1. Approve the attached Resolution.
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution Unilaterally Resolving the Meet and Confer Impasse Over Layoff Impacts
FISCAL IMPACT:
Total Fiscal Impact: $11,122.56
Amount Budgeted:
Additional Appropriation: None
Account Number(s): ���,,�``
ORIGINATED BY: Martha lilj stra, Human Resources Manager
REVIEWED BY: Bob Hyland, Human Resources Director
APPROVED BY: Jack Wayt, City Maria r
BACKGROUND AND DISCUSSION
On August 10, 2010, the City of El Segundo notified the E1 Segundo City Employees Association (ESCEA)
that due to the City's lack of funds, the City Council found it necessary to layoff employees within their
bargaining unit. At the time, ESCEA was represented by a firm called City Employee Associates, which is
located in Long Beach and whose Principal is Robin Nahin.
On August 19, 2010, City representatives met with representatives of ESCEA, including the President of the
ESCEA, and Ms. Nahin. In that meeting, ESCEA proposed specific severance packages for the two
employees who were to be laid off.
Thereafter, on September 8, 2010, the City proposed a severance package consisting of one month of
compensation, contingent upon the affected employees signing a Separation Agreement (Waiver & Release of
Claims). Then, representatives from both sides continued to communicate on this matter, both verbally and in
writing. The City was informed that both of the affected employees intended to accept the proposed
severance package. CEA requested confirmation on behalf of one of the employees that her medical coverage
would extend through October 2010. The City confirmed the medical coverage would extend through
October inasmuch as the insurance premiums are paid in advance.
On September 21, 2010, the City informed Ms. Nahin, CEA's Principal, that the City wished to enter a side
letter agreement formalizing the agreement reached on the severance packages and to present it to the City
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Council for approval at the Council meeting on October 5, 2010. Ms. Nahin requested to review the
Separation Agreements prior to the employees signing them. However, no substantive counter - proposals
were made.
Then, on the same day, the City was informed that ESCEA was conducting interviews and would possibly
change its representative. On September 23, 2010, the City received written communication from Wendell
Phillips, formerly affiliated with CEA, regarding the City's proposed severance package. The City learned
through the ESCEA Board President that Mr. Phillips, who is no longer affiliated with CEA, would be
representing ESCEA during the contract negotiations and was also asked to look into the offered severance
package.
Notwithstanding the events described above, in an e-mail dated September 23, 2010, Mr. Phillips stated that it
did not appear to him that layoff impact negotiations had taken place and /or not resulted in any agreements.
He then proposed a severance package of up to six months of pay if the affected employees signed separation
agreements.
Still, the City continued receiving e-mail communications from CEA representatives as late as September 29,
2010. In their last e-mail to the City dated September 29, 2010, CEA requested two modifications to the
Separation Agreement, but did not make any proposal regarding the amount of severance pay. One of the
employees even submitted her written acceptance of the City's severance proposal on September 29, 2010.
Nevertheless, Mr. Phillips has continued to assert that no agreement has been reached. Therefore, during
contract negotiations on October 11, 2010, the City presented ESCEA and Mr. Phillips with a Last, Best, and
Final Offer stating that the City would provide payment equal to one month of compensation if the affected
employees would execute a separation agreement, a copy of which was attached to the Last, Best and Final
Offer. ESCEA representatives nor Mr. Phillips would accept or reject the Last, Best, and Final Offer, either at
the October 11, 2010 meeting or in subsequent correspondence. Therefore, City representatives declared an
impasse and informed ESCEA via Mr. Phillips that the matter would be presented to the City Council for
resolution at its meeting on October 19, 2010. City representatives informed the ESCEA that a
recommendation would be made that the City Council implement the terms of the City's Last, Best, and Final
Offer.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO UNILATERALLY RESOLVING THE MEET
AND CONFER IMPASSE OVER LAYOFF IMPACTS
BETWEEN REPRESENTATIVES OF THE CITY OF EL
SEGUNDO AND THE CITY EMPLOYEES ASSOCIATION,
A RECOGNIZED EMPLOYEE ORGANIZATION
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code sections 3500 through 3511 (hereinafter the Myers -
Milias -Brown Act or "the Act ") provides in pertinent part that
representatives of the governing body of the City of El Segundo shall meet
and confer in good faith with representatives of a recognized employee
organization regarding proposed changes in wages, hours and other
terms and conditions of employment and shall consider fully such
presentations as are made by the employee organization on behalf of its
members prior to the City arriving at a determination of policy or course of
action; and,
B. The City Employees Association is an employee organization recognized
by the City to represent a unit consisting of job classifications, including
Community Cable Program Specialist and Crime Scene Investigator I;
and,
C. The City has exercised its management right to layoff the Community
Cable Program Specialist and Crime Scene Investigator I; and,
D. Representatives of the City and the City Employees Association have met
and conferred and failed to reach a written agreement regarding impacts
of said layoff; and,
E. The parties have not agreed to submit the failure to agree to mediation.
NOW, THEREFORE, the City Council of the City of El Segundo does hereby
resolve the parties' failure to agree upon a memorandum of understanding over impacts
of the layoff, as follows:
SECTION 2: The City shall pay the laid off employees in the Community Cable
Program Specialist and Crime Scene Investigator I classifications an amount equal to
one month of compensation if the employees elect to enter a severance agreement as
presented to them by the Human Resources Director releasing the City from liability.
SECTION 3: This Resolution in the book of the City's original resolutions; and make a
minute of the adoption of the Resolution in the City Council's records and the minutes of
this meeting.
SECTION 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND APPROVED this 19th day of October, 2010.
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
Eric Busch, Mayor