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1990 JAN 03 CC MINEL SEGUNDO CITY COUNCIL MINUTES - JANUARY 3, 1990- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson PLEDGE OF ALLEGIANCE led by Councilman West PRESENTATIONS 1. Council recognized City Employee of the Month - Elena Santiago, Custodian ROLL CALL Councilman Anderson- present Councilman Clutter - present Councilman Dannen- absent Councilman West - present Mayor Jacobson - present PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1, Mike Flaxton, 630 Mariposa expressed concern regarding the maintenance of a new or repaired sewer and the lack of notification to residents in the vicinity. He stated a contractor had approached residents in that area informing them of the work forthcoming. Mayor Jacobson stated there is a long range capital improvement project that does involve a storm drain. He expressed concern as to the contractor's actions in approaching residents in that area. City Manager Cano stated the contractor in question did express eagerness in his attempt to notify the residents that he had won the bid. Council assured Mr. Flaxton that staff would review this matter. 2- Judy Kolar, 632 W. Mariposa asked that the City Attorney review the easements in the questioned area. Ms. Kolar also asked if the City had considered rerouting the sewer line to public streets because of the age of the existing lines there could be potential problems. Asked the City to sign an agreement accepting responsibility for any damages to residential property affected by this project and agree that at the conclusion of the project the sewer line will be the same or better. Council asked that Mrs. Kolar contact the City Manager. 3. Peggy Tomic 628 W. Mariposa provided Council with pictures regarding the property in question. Expressed concern over the contractor who arrived at her residence prepared to begin work. Ms. Tomic referred to another project on McCarthy Court where damages occurred and asked Council for written assurance that if damage does occur the City will accept responsibility. She stated she wanted her comments on record to protect the three property owners involved for any possible future damage occurring to their properties. She asked to be notified of any proposed work. Councilman West stated he would like to see the entire project stopped until it has been properly reviewed. City Manager Cano assured Council that this project would be halted until proper review had been made and report back to Council with his findings. (1) Council Minutes January 3, 1990 4. Dave Jones, 438 Maryland asked for clarification regarding matters discussed at previous Council meetings. Commended the Police Chief on his comprehensive report given at a previous Council Meeting. Asked if there was an internal morale problem in the Police Department. Mr. Jones made reference to a letter in the El Segundo Herald that made mention of the City Clerk awarding a contract. Councilman West expressed concern regarding an article that appeared in the Daily Breeze on Tuesday, January 2, 1990 and asked the City Manager to report back regarding the question of a "gift" given to the City. Councilman Clutter asked the City Attorney if this matter was a legitimate public discussion. City Attorney Dolley stated it was appropriate to discuss this matter under Councilmembers Recommendations. A. SPECIAL ORDERS OF BUSINESS - NONE B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE D. 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. 1. Warrants Nos. 24020 - 24342 Demand Register Summary Number 13 in total amount of $1,451,565.57. Approve: Warrant Demand Register and authorize staff to release check. Ratify: Payroll and Employee Benefit Checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. 2. Adjourned Regular City Council Minutes - December 11,1989. Approve 3. Adjourned Regular City Council Minutes - December 12,1989. Approve 4. Regular City Council Minutes - December 20,1989. Approve 5. City Council concurrence with revised job specifications in order to meet the respective needs of the position of Finance Director and Personnel Director. Concurrence 6. Called for discussion by Councilman Anderson 7. Reduction in the Traffic Control Officer (T.C.O.) Program. Allocate $33,000 saved from the reduction of the T.C.O. program to fund staff costs for performing various city wide traffic studies. 8. Called for discussion by Councilman Clutter 9. Called for discussion by Councilman Clutter (2) Council Minutes January 3, 1990 10. Called for discussion by Mayor Jacobson Councilman West MOVED, Councilman Clutter SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen CALL ITEMS FROM CONSENT AGENDA 6. Joslyn Center Expansion - Request of Streeter Construction Co. for time extension. Approve time extension of 20 working days for completion of work. Councilman Anderson asked if there would be any additional cost to the City with this extension. City Manager Cano stated there would be no additional cost to the City. Mayor Jacobson asked if the architect would be charging additional fees. Director of Development Services, Lynn Harris stated there were no additional costs associated with this extension from the architect. Councilman West questioned the contractors need for 30 days and staff's opinion the work could be completed in 20 days. Director Harris stated staff is concerned with the time. Ms. Harris stated the architect is under contract management. This project has a long history for requiring substantial revisions and the architect was paid for those revisions. Councilman Anderson MOVED, Councilman West SECONDED to approve item number six. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen Councilman Anderson MOVED, Mayor Jacobson SECONDED to rescind the vote approving the remaining items listed under the Consent Agenda. MOTION AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen Councilman Clutter asked to pull item numbers eight and nine for discussion. Councilman Anderson MOVED, Councilman West SECONDED to approve the remaining listed under the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen (3) Council Minutes January 3, 1990 8. Request for two building identification signs of 536 square feet each to be located on the parapet at 335 North Continental Boulevard. Requested by Mattel Toys, Inc. Approve two parapet signs, each having a 182 square foot logo and 254 square feet for the words "Mattel Toys" for a total of 536 square feet each, to be located on the Mattel Building at 335 North Continental Boulevard. Councilman Clutter expressed concern over the actual size of the signs requested and asked that in the future Council be given a comparison of existing signs located in the City when a similar request is brought before Council. Councilman Clutter MOVED, Councilman Anderson SECONDED item number eight. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen 9. Letter in support of having California Air Resources Board (CARB) hold a public hearing before adoption of Conformity Procedures into Air Quality Management Plan (AQMP). It is recommended that the City Council approve the Mayor sending a letter requesting CARB to hold a public hearing on proposed AQMP Conformity procedures. Councilman Clutter requested that the Mayor's letter include some reference to a study of the airport impact. Councilman Anderson suggested sending two letters discussing both issues separately. Councilman Clutter MOVED, Councilman West SECONDED to approve item number nine and include a separate letter addressing the airport's impact on the City of El Segundo. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen 10. Political A ms in R -1 Zone. It is recommended that City Council adopt a policy to permit political signs in all residential zones. Mayor Jacobson expressed concern regarding the size of signs and suggested signs be uniform in color. It was the consensus of Council to direct staff to review the typical real estate size of signs and report back to Council with language for an ordinance with regard to this matter. City Clerk Hart stated he would report to the City Manager as to the sign size typically used in political campaigns. It was the consensus of Council to have staff return the ordinance with the subject of size and color addressed as per Council discussion. E. NEW BUSINESS -CITY MANAGER 1. An Ordinance amending the El Segundo Municipal Code by adopting regulations relating to newsracks on public property. (4) Council Minutes January 3, 1990 City Attorney Dolley reported to Council that the proposed ordinance adopts a new comprehensive Chapter 12.20 rather than amending a present chapter in place. The Ordinance 1) clarifies and expands the permit process to meet constitutional standards stated in state and federal case law; 2) provides that certain conditions appear in permits and the name, address and phone number of the owner of the newsrack are required to be attached to the newsrack; 3) limits the locations and provides installation and maintenance standards; 4) provides that newsracks which contain harmful material as defined in the state penal code shall be provide with blinders; 5) clarifies and expands the permit revocation process to comply with due process and notice required as stated in case law; and 6) provides that existing newsracks must comply with the installation and maintenance standards of the code. City Attorney Dolley also stated the ordinance does not interfere with the City's ability to enforce violations of the State Penal Code where materials meet the definitions of 'obscene" and "harmful matter." The City Attorney concluded by stating staff had conducted a survey of all existing newsracks containing the material in question. City Manager Cano assured Council that all existing racks within the City would be reviewed for compliance to this ordinance. Councilman Clutter suggested the City send a letter to Mr. Krick commending him on bringing this matter to the attention of Council. City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADOPTING REGULATIONS RELATING TO NEWSRACKS ON PUBLIC PROPERTY. Councilman Clutter MOVED, Councilman West SECONDED to waive further reading. Councilman West introduced. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen F. NEW BUSINESS -CITY ATTORNEY - NONE G. NEW BUSINESS -CITY CLERK 1._ Council Consideration of an Increase of Salary for Citv Councilmembers. Councilman Clutter expressed concern regarding the time at which this raise would take affect and in raising his own salary and suggested the change be made effective for the year 1992. City Clerk Hart stated if Council should decide to raise their salaries in the future it could only be affected on the third Tuesday of April of every even year. Councilman West stated he did not find a problem in raising the Council's salary for all those Councilman who are elected in April, 1990. (5) Council Minutes January 3, 1990 Councilman Clutter stated he would abstain from voting. Councilman West MOVED, Councilman Anderson SECONDED to read by title only. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, West and Mayor Jacobson ABSTENTIONS: Councilman Clutter ABSENT: Mayor ProTem Dannen City Attorney Dolley read the Ordinance in its entirety and stated it would be brought back to Council for adoption at its next Council Meeting. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTION 2.08.10 FIXING COMPENSATION OF COUNCILMEN. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That pursuant to Section 36516 of the Government Code of the State of California, Section 2.08.10 of the El Segundo Municipal Code is amended as follows: 2.08.010 COMPENSATION OF COUNCILMEN. Each member of the City Council of the City of El Segundo, California, shall receive a salary , the amount of which shall be the sum of $483.00 per month, as compensation for his service as such member. SECTION 2. This ordinance shall become operative in accordance with Section 36516.5 of the Government Code of the State of California whenever one or more members of the City Council begin a new term of office and shall remain inoperative until that time. SECTION 3. That his ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 4. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this, 1990. Councilman West introduced. 2. Call for Municipal Election on April 10, 1990. City Attorney Dolley read the title of the following RESOLUTIONS: (6) Council Minutes January 3, 1990 RESOLUTION NO. 3620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. RESOLUTION NO. 3621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990. RESOLUTION NO. 3622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR THE CANDIDATES FOR THE ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION. RESOLUTION NO. 3623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990, BE MADE BY THE CITY CLERK. Councilman Anderson MOVED, Councilman West SECONDED to waive further reading and adopt. MOTION CARRIED BY FOLLOWING VOICE VOTE. AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson ABSENT: Mayor ProTem Dannen H. COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Made reference to an article that appeared in the Daily Breeze on January 2, 1990. Gave clarification on his stock held in the Chevron Oil Company and stated he was not aware that there was any conflict of interest with regard to an item passed at the last Council meeting. Asked for discussion of a letter received by Mrs. Wislocky be placed on the next Council agenda. - Councilman Clutter Stated he took offense to having the topic, as printed in the Daily Breeze regarding a Councilmember, discussed at City Council Meetings. (7) Council Minutes January 3, 1990 Mayor Jacobson asked for the City Attorney's ruling on the discussion of this item. City Attorney Dolley stated a Councilmember has the option to place an item on the agenda for public discussion. But a councilmember should not discuss an item or subject that another councilmember has said outside the agenda but has not yet been brought to public forum. Attorney Dolley suggested placing items on the next agenda for discussion. - Councilman West Gave his opinion on the laws governing the Conflict of Interest. Asked that the City Manager review this matter regarding Councilman Anderson. Councilman West asked if there was any way to protect themselves from other Councilmen journalizing in the future. City Attorney Dolley stated that he will again supply Council with suggestions as legally appropriate to their limitations within the Brown Act in regards to Conflict of Interest. -Mayor Pro Tem Dannen NONE -Mayor Jacobson Responded to the article as referenced by Councilmen Anderson and West. He urged his colleagues to remain abreast of the conflict of interest laws as it is not the City Attorney's responsibility but the individual's responsibility for his own involvement in public issues. He asked that colleagues to consult the City Attorney if there is the slightest doubt that a Conflict of Interest exists. He also stated that he was misquoted within the article that appeared in the Daily Breeze and several of his statements were partially in error. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. J.B. Wise, 519 Maryland made reference to a letter in the Herald regarding a contract awarded to Nicky Wislocky. Mr. Wise also stated he felt the article in the Daily Breeze discussing Councilman Anderson was an embarrassment. He stated if a mistake was made by Councilman Anderson it was an honest one and urged Council to concentrate on the running of the city. 2. Mr. Streeter, Joslyn Center Contractor stated he appreciated the Council's extension of 20 days, however, stated a 25 days extension would have been more realistic. MEMORIALS - NONE CLOSED SESSION At the hour of 8:55 p.m. Council adjourned to the Mayor's Office for a Closed Session on the following: City Attorney Dolley announced that a Closed Session would be held pursuant to Government Code 54959.9 to consider one personnel matter. (8) Council Minutes January 3, 1990 ADJOURNMENT Council adjourned to Tuesday January 9, 1990 for an Adjourned Regular City Council meeting. RECORDED, RONALD L. HART, CMC, CITY CLERK (9) Council Minutes January 3, 1990