1977 DEC 09 CC MINMINUTES OF ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
December 9, 1977
1 . CALL TO ORDER
The El Segundo City Council convened in an adjourned regular session on
December 9, 1977, at 7:00 o'clock p.m., in the Council Chamber of the
El Segundo City Hall, 350 Main Street. The City Clerk reported that a
Notice of Adjournment had been posted as required by law and that an
affidavit of posting was in her file.
2. PLEDGE OF ALLEGIANCE
The Director of Public Works William Glickman led the pledge of allegiance
to the Flag of the United States of America.
3. INVOCATION
Councilman Bue delivered an invocation for the meeting.
4. ROLL CALL
Present: Councilmen Bue, Nagel, Van Vranken
and Mayor Balmer
Absent: Councilmen None
5. REPORTS OF OFFICERS
a. Director of Public Works Glickman
1) Bids on 5 -year contract for collection and disposal of garbage and
rubbish, Specification No. 77 -15
Reported that bids had been received on subject Specification on
November 29, 1977, which bids were as follows:
Eagle Refuse Browning- Ferris
Hauling Industries
First Year $131,040.00 $141,420.00
Second Year 135,280.00 150, 588. 00
Third Year 140, 520.00 160, 548.00
Fourth Year 145,760.00 171,336.00
Fifth Year 150,000.00 183,216.00
Total $702,600.00 $807,108.00
Western Refuse Removal, Inc.
Hauling
$143,195.68 $170,046.24
153,219.37 203,461.44
163,944.72 241,332.00
175,420.85 274,747.20
187,700.30 299,994.24
$823,480.92 $1,189,581.12
In answer to Council's questions, stated that he could recommend acceptance
of the low bid on the basis that the bid met the specifications with regard to the
equipment and opertaion, but did not feel qualified to respond to fiscal matters
of the company.
X 4.6!"9
City Manager Jones reported on the financial statement submitted by
the low bidder.
Mr. Jimmie Corones, 411 West Franklin Avenue, accountant for
Eagle Refuse au ing, advised that he was of the impression that if addi-
tional funds were needed to purchase equipment, that financial backing
would be available.
City Attorney Allen spoke in regard to conflict of interest procedures
for the councilmen, advised of the proper action to be taken when a council-
man had more than a remote interest in an item before him for approval, citing
Government Code Sections 1090 and 1092. Also referred to the case of
StigalI vs. City of Taft 58 Cal 2 -565, wherein the court voided a contract
on the basis that one of the councilmen of that city had participated in the
preparation of the specifications and had more than a remote interest in the
company which submitted the low bid, even though that councilman had
resigned before the contract was awarded. Stated the decision was based
on the fact that conflict of interest is reflected in preparations and negotia-
tions that go into the matters leading up to the award of a contract, as well
as the final approval of said contract.
City Clerk Burrowes advised that the draft of subject specifications had
been approved by the Council on October 18, 1977 and that Councilman
Rockhold had not attended that meeting; that on November 1, 1977, the
Council accepted the final draft of the specifications, after having made
a request to change a typographical error in the text.
Director of Public Works Glickman advised that Mr. Rockhold had not
contributed nor participated in the preparation of the bid specifications.
The City Attorney read excerpts from the Council Minutes of October 18
and November 1, 1977 pertaining to subject bid specifications. Stated the
Council did not vote on the specifications on November 1, 1977, but rather
treated the prior action as if it was approval of the specifications which had
been resubmitted for information, and no further action was taken.
Mayor Balmer then inquired if anyone present wished to speak regarding
this matter or wished to furnish evidence either for or in opposition to the bids.
Mr. Dexter Benson, 730 California Street, urged the Council to award
the contract tote low bidder.
There being no further response, motion was made by Councilman Van
Vranken, seconded by Councilman Bue, that the following resolution be
adopted:
WHEREAS, the City of El Segundo duly
advertised for bids for the Collection and Disposal
of Garbage and Rubbish in accordance with Specifi-
cation No. 77 -15; and
WHEREAS, said bids were received by the
City on November 29, 1977; and
WHEREAS, the Director of Public Works
found that the bid of Eagle Refuse Hauling, in
total amount of $702,600, was the lowest respon-
sible bid;
-2- Council Minutes
Dec. 9, 1977
x �.t.10
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
that the bid of Eagle Refuse Hauling, the lowest respon-
sible bid be accepted; and
BE IT FURTHER RESOLVED, that the Mayor of
said City be and he is hereby authorized and instructed
to execute the contract herein awarded for and on behalf
of the City and in its name and the City Clerk to attest
the same, affix the seal and make delivery thereof in
due course; and
BE IT FURTHER RESOLVED, that all bids re-
ceived, except the bid of Eagle Refuse Hauling are
hereby rejected and the City Clerk is hereby author-
ized and instructed to return the bid bonds of all un-
successful bidders.
On roll call, motion carried by the following vote:
Ayes: Councilmen Bue, Nagel, Van Vranken
and Mayor Balmer
Noes: Councilmen None
Absent: Councilmen None
6. UNFINISHED BUSINESS
a. Motion was made by Councilman Nagel, seconded by Mayor Balmer, that
the following persons be appointed to the Noise Abatement Committee:
J. Whitney, 1017 East Acacia Avenue
Earl E. Ward, 315 Bungalow Drive, Apt. 05
Motion carried unanimously.
7. KI EW BUST N ESS
a. Councilman Van Vranken stated that he thought it was important to have a
full council and was in favor of filling the vacancy created by Councilman
Rockhold's resignation, but was concerned about appointing someone because it
would give that person an unfair advantage in the upcoming election.
Mayor Balmer stated he agreed that a full council was needed and would
like the council to consider appointing someone who had experience and who
had expressed no desire to serve more than the unexpired term of Mr. Rockhold.
After further consideration and discussion, motion was made by Councilman
Nagel, seconded by Mayor Balmer, that Mr. Floyd Carr be appointed to fill
the unexpired term of Mr. Rockhold. Motion carried unanimously.
8. ORAL COMMUNCIATIONS
a. Director of Public Works Glickman stated that the quitclaim granted to
Olga W. Escobar for the undedicated portion of Pine Avenue between Indiana
Street and Sepulveda Boulevard on December 6, 1977 appeared to be out of
order since the escrow on the property cleared on December 6, 1977, the
current owner now being Mr. Frank A. Klaus.
-3- Council Minutes
Dec. 9, 1977
City Attorney Allen advised the proper action would be to rescind the action x f' Ls
taken at the December 6, 1977 Council meeting and approve a deed quitclaiming
the property to the new owner, Mr. Frank A. Klaus.
Motion was made by Councilman Nagel, seconded by Councilman Bue, that
the following resolution be adopted:
WHEREAS, the interest of the City of El Segundo
in the following described property, located in the City of
El Segundo, County of Los Angeles, State of California, to wit:
All those portions of Lots in Block 123 as shown
on Sheet 8, El Segundo, recorded in the office
of the County Recorder, County of Los Angeles,
State of California, in Book 22, Pages 106 and
107 of Maps described as follows:
The easterly 139.25 feet of the northerly 25.00
feet of Lot 385, and the westerly 69.25 feet of
the northerly 25.00 feet of Lot 430.
is no longer needed, and
WHEREAS, a deed was approved on December 6,
1977 quitclaiming the City's rights to the above described prop-
erty to the Title Insurance Company and Olga W. Escobar; and
WHEREAS, on December 6, 1977, the ownership
of title of the above described property changed from the afor-
mentioned owners to Mr. Frank A. Klaus; and
WHEREAS, it is the desire of this council to
rescind the deed quitclaiming the City's rights to Title
Insurance Company and Olga W. Escobar and to quitclaim
said interest to Frank A. Klaus.
NOW, THEREFORE, BE IT RESOLVED that
the quitclaim deed to Title Insurance Company and Olga
W. Escobar is hereby rescinded; and
BE IT FINALLY RESOLVED, that the Mayor
of the City of El Segundo be and he is hereby authorized
and instructed to execute a deed from the City of El
Segundo to Frank A. Klaus to all the city's rights, title
and interest in the aforementioned property, and the
City Clerk to attest the some.
On roll call, said motion carried by the following vote:
Ayes: Councilmen Bue, Nagel, Van Vranken
and Mayor Balmer
Noes: Councilmen None
Absent: Councilmen None
-4- Council Minutes
D ec . 9, 1977
b. Mr. Walt Eggert, 1435 East Sycamore Avenue, stated he was concerned
with the `rn erences made by the Council in regards to appointing a person to
fill the unexpired term of Councilman Rockhold and placing restrictions on
that person in regards to running for the office. Stated this was counter to
our American way of thinking and would hate to have the Council go on
record dictating such terms to the appointee.
Councilman Van Vranken stated he agreed with Mr. Eggert, that it was
not the intent of the Council to prevent the appointee from running in the next
election.
9. ADJOURNMENT
There being no further business to come before the Council at this session,
motion was made by Councilman Bue, seconded by Councilman Van Vranken,
that the meeting adjourn, the hour of adjournment being 8 :25 o'clock p.m.
Motion carried.
APPROVED:
Balmer, Mayor
Respectfully submitted,
a erie . Burrowes, City C er
-5- Council Minutes
Dec. 9, 1977