1990 JAN 09 CC MINEL SEGUNDO CITY COUNCIL ADJOURNED MEETING- JANUARY 9, 1990 7:OOPM
CALL TO ORDER at 7:00 p.m. by Mayor Jacobson
PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen.
ROLL CALL
Councilman Anderson- present
Councilman Clutter - present
Councilman Dannen- present
Councilman West - present
Mayor Jacobson - present
IT WAS THE CONSENSUS OF COUNCIL TO MOVE THE FOLLOWING
ITEM OUT OF ORDER.
PUBLIC COMMUNICATIONS - (City Business Only -5 Minute Limit)
Seeing no one wishing to address Council, Council continued with the remainder
of the Agenda.
A. SPECIAL ORDERS OF BUSINESS
1. Report to City Council on actions and proposed actions regarding the filing of a
public nuisance complaint against the Hyperion Treatment Plant.
City Manager Ron Cano gave a status report on steps taken to establish in a court
of law that a public nuisance exists at the Hyperion Treatment Plant. Staff has
been focusing on three primary areas, Manager Cano stated, 1) taking affidavits
from residents who find the Hyperion Treatment Plant a nuisance; 2) establishing
a Hyperion complaint line to track complaints about the Hyperion Treatment Plant
and; 3) identification of effective mitigation measures which might eliminate a
public nuisance at the Hyperion Treatment Plant. Mr. Cano continued by saying
a 24 -hour Hyperion complaint line has been established and will be maintained by
City staff. Manager Cano stated that due to litigation the City Attorney has advised
that Council hold a Closes Session prior to public discussion on the remainder of
this item.
Assistant to the City Manager, Don Harrison summarized the three primary areas
as stated above by City Manager Cano, emphasizing the City's establishment of a
24 -hour Hyperion complaint line. He stated the procedures for the line and the
screening questionnaire which will be used by the operators. The phone number
for interested citizens is 640 -2489 or 640 -CITY.
City Attorney Dolley called a Closed Session pursuant to the following Government
Code Section: 54956.9 (b) and 54956.9 (c).
At the hour of 7:15 p.m. Council adjourned to the Mayor's Office for a Closed
Session. At the hour of 8:25 p.m. Council reconvened in the Council chambers with
all members answering roll call.
City Attorney Dolley announced that it was the consensus of Council to direct the
City Manager, staff, appropriate legal counsel and all involved consultants to
continue all efforts to eliminate and reduce odor nuisance, health nuisance
emanating from the Hyperion plant, including but not limited to continuing with
efforts to bring this matter to court and to review all options available to the City;
to see that the reduction and elimination of all odors does occur.
2. Proposed Election Campaign Ordinances.
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January 9, 1990
City Manager Cano requested Council give direction to staff based on the two
revised draft ordinances presented to them.
Mayor ProTem Dannen suggested review of revised Ordinance "B ".
It was the consensus of Council to consider revised Ordinance "B ".
Council discussed in its entirety revised Ordinance "B ".
Mayor ProTem Dannen MOVED to open a public hearing on the consideration of
revised Ordinance 'B" on E1 Segundo Municipal Election Campaign Reforms. Clutter
SECONDED.
Councilman West questioned a MOTION on this item and asked if a Public
Comment was not the proper course of action.
Mayor ProTem Dannen rephrased his MOTION to clarify he meant public input
and not setting a formal Public Hearing.
Councilman Clutter withdrew his SECOND.
Mayor ProTem Dannen withdrew his MOTION.
It was the consensus of Council to take public input regarding revised Ordinance
"B" on E1 Segundo Municipal Election Campaign Reforms.
1. J.B. Wise, 519 Maryland commented on the content of the ordinance in question
and the proposed final filing dates and the potential for using this reform as a
political tool. Mr. Wise also questioned availability of the revised reform ordinance
for public review before Council adoption.
2. Nicky Wislocky, 1208 E. Pine commented on Council's discussion on the proposed
campaign ordinance reform.
3. Gary Shultz, 227 E. Oak commented on the proper sequence of Agenda items.
Mr. Shultz stated that Council previously advocated public vote or review of all
proposed municipal reforms. He concluded by stating that the campaign laws in
place were sufficient and did not see the necessity for change.
At the hour of 10:25 p.m. it was the consensus of Council to recess to give City
Attorney Dolley time to review and summarize Council's requested changes and
revisions to draft "B" revised reform ordinance.
At the hour of 10:35 p.m. Council reconvened in the Council chambers with all
members present and answering roll call.
Mayor ProTem Dannen MOVED to read by title only, Councilman West
SECONDED.
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 TO ADD
A NEW CHAPTER 2.01 TO TITLE 2 CONCERNING LOCAL ELECTION
CAMPAIGNS.
MOTION CARRIED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley summarized Council's changes as follows:
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January 9, 1990
Page two of the Reform ordinance where it states "add a new chapter" would read,
"title 2 ", 2.09 would be inserted just below where there contained three blank
spaces and sequential numbers would follow after 2.09.
No changes on page three.
Page four, Section B an amount on the fifth line would be changed to $250.00. In
the same paragraph, section C, beginning with the words "after notice" would be
replaced to read: "after receipt of notice by certified mail or personal delivery to the
candidate or contributor sent to the City Clerk or his designee within 3 days from
such notice that this ordinance has been violated by the set amount..."
Item D, Page four, $100.00 would replace $50.00.
Page five, Second line "City Treasurer" would replace "Election Commission" and
"after" replaces the word "within ". Further on the word "hours" would be followed
by the word "after" to read: ...'hours after said request is made." Next paragraph,
$100.00 would appear in the first and second lines. And all underlining shall be
amended to read exactly as read on page four.
Section E, underlining would also be replaced with same language as read on page
four and page six, item G would be the same language as on page four.
Page seven, item I - added language as follows: "Election Period means from the
time valid nomination papers can be filed to the time that the polling places close
on election day."
City Attorney Dolley continued by stating there were discussions of changes on
page eight, under "Enforcement Authority ", but that has not been changed at all.
On page nine - the words under the Penalty Section, the words "and shall be
mandatory" are stricken.
Under the Section dealing with Filing Deadlines, paragraph one is stricken and
paragraph two becomes paragraph one.
Paragraph three becomes two. The new paragraph one has the following changes
in the third line: between the words "filed" and "with" the words "received" is
added, and in the fourth line rather than 5:00 p.m., 12:00 noon is added.
In the new Section Two the re- numbered section two, in the third line the word
"must" replaces the word "shall," between the word 'be" and "made" the word
"received" and 'by" is placed and "if' replaces the word "with ".
The same third line at the end, between the words "the" and "they" "third" appears
in the new language.
On page ten under the item, Civil Actions, the following wording would replace all
the wording that is underlined, the wording would now read: "the court may award
to a plaintiff or defendant other than an agency, who prevails in any action,
authorized by this title, his cost of litigation including reasonable attorney fees ".
Mayor ProTem Dannen introduced the above ordinance with the above changes as
stated by the City Attorney.
It was the consensus of Council to have the ordinance brought back for a second
reading and adoption at the Council Meeting of January 16, 1990.
It will be presented under the Special Orders of Business on the Agenda and listed
as a Hearing not a Public Hearing. The City Clerk was advised to make public
notice of the subject hearing.
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B. UNFINISHED BUSINESS
1. Council Consideration of an Increase of Salary for City Clerk and City Treasurer.
Mayor ProTem Dannen and Councilman Clutter stated they would abstain from
voting due to ethical and personal reasons.
At the hour of 10:48 p.m. Mayor ProTem Dannen left the dais.
Councilman West MOVED, Councilman Anderson SECONDED to adopt the subject
ordinance as presented by the City Attorney. MOTION CARRIED BY THE
FOLLOWING VOICE VOTE:
AYES: Councilmen Anderson, West and Mayor Jacobson
NOES:NONE
ABSTENTIONS: Councilmen Clutter and Dannen
City Attorney Dolley read the Ordinance in its entirety.
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 this 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.
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January 9, 1990
At the hour of 10:50 p.m. Mayor ProTem Dannen returned to the dais.
COUNCILMEMBERS REPORTS AND RECOMMENDATIONS
- Councilman Anderson - NO ACTION TAKEN
- Councilman Clutter - NO ACTION TAKEN
- Councilman West - NO ACTION TAKEN
-Mayor Pro Tem Dannen - NO ACTION TAKEN
-Mayor Jacobson - NO ACTION TAKEN
PUBLIC COMMUNICATIONS (City Business Only -5 minute limit)
1. J.B. Wise, 519 MMland, felt Council's recent actions have been inappropriate
to the City's profile.
2.Nic I Wislocky, 1208 E. Pine, commented on Mr. Wise's remarks to Council.
3. Gary Shultz, 227 E. Oak agreed with comments made by J.B. Wise and further
urged combined Council cooperation on issues pertaining to City business.
CLOSED SESSION
City Attorney Dolley called for a Closed Session pursuant to Government Code
54959.9 (b).
At the hour of 11:05 p.m. Council adjourned to the Mayor's Office for a Closed
Session.
ADJOURNMENT
At the hour of 11:06 p.m. Council adjourned.
RECORDED,
RONALD L. HART, CMC, CITY CLERK
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January 9, 1990