Loading...
1990 JAN 16 CC MINEL SEGUNDO CITY COUNCIL MINUTES - JANUARY 16, 1990- 7:OOPM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION given by Frank Snow, United Methodist Church PLEDGE OF ALLEGIANCE led by Mayor ProTem Damien PRESENTATIONS - Christmas Decoration Certificates John Thomas McClain Fahy & Sylvia Bernard Allan & Barbara Culliver George & Elizabeth Malone Pat & Susan Richardson Mr. & Mrs. Dan Johnson Bob Anderson Don Warwick Family ROLL CALL Councilman Anderson- present Councilman Clutter - present Mayor ProTem Dannen- present Councilman West - present Mayor Jacobson - present The Randall Family (Margie) Peter & Gale Segers Mr. & Mrs. Albert L. Maloy Mike & Marsha Herzog The Doukakis Family The William Selph Family Mike Cason Family PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Letter from Nina McCoy and Bill McCoy Received and filed A. SPECIAL ORDERS OF BUSINESS 1. PUBLIC HEARING - Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo. Applicant: City of Los Angeles. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing - Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo. Applicant: City of Los Angeles. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been published by the Development Services Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated the Clerk's Office had received a letter from the City of Los Angeles requesting that the subject hearing be held over to the first Council Meeting in February, 1990. Mayor Jacobson opened the hearing; seeing no one wishing to address Council on this matter he asked Council for a motion to continue the hearing, if it was the Consensus of Council. Mayor ProTem Damien MOVED, Councilman West SECONDED to continue this Public Hearing to the Council meeting of February 6, 1990. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (1) Council Minutes January 16, 1990 2. PUBLIC HEARING -Code Enforcement Program Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Code Enforcement Program. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been published by the Development Services Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated no written communication had been received. Mayor Jacobson opened the hearing. City Manager Ron Cano told Council that code enforcement is initiated when a complaint is filed by a citizen or through staff inspection or observation. It is not a general practice for staff to seek out violations. All code related complaints or potential violations are recorded on a form and handled according to priority, i.e. health and safety violations are handled immediately and non -life threatening violations are addressed according to the seriousness of the offense. Manager Cano gave Council a recommended procedure for enforcing the environmental provisions of the El Segundo Municipal Code: 1) The inspector reviews the written complaint and searches all appropriate property records for any special conditions (CUP, variances, covenants) which may apply to the site. If appropriate, he may also transfer the complaint to another department for resolution. 2) The inspector visits the property and makes initial contact, if possible with the property owner. If unsuccessful in making contact, a letter is written requesting the property owner to contact the inspector for the purpose of arranging for an on -site inspection. 3) The violator would normally be given a written request to comply within a given period time. A reinspection will be made after the close of this period. If the complaint is remedied, the file is closed. If the violation remains, a warning citations or infraction is issued or an offer for a formal hearing is given. If subsequent reinspection confirms compliance the file is closed, but if reinspection shows no progress a hearing is then scheduled with the City Attorney. After the hearing the City Attorney would send a letter summarizing the results and specifying a number of days to comply, and the letter would state the next step in the process if compliance is ignored. 4) If the violation remains unresolved at the City level, the Code Enforcement Officer would contact the District Attorney and mail copies of all pertinent documents relative to the case to the District Attorney and request a commencement of prosecution. A copy of the request would also be sent to the violator. 5) The District Attorney would notify the violator regarding a conference and its date and time. The District Attorney would review our file and inform the violator that if compliance was not accomplished that the matter would go to trial. Manager Cano informed Council that compliance at this stage has been obtained in 100% of Building Safety cases. Mayor Jacobson asked for public input. Seeing no one wishing to address Council, Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West expressed concern that the property owner would be notified in a timely manner so as to have the opportunity to speak to the judge before the hearing as outlined under procedures. (2) Council Minutes January 16, 1990 Councilman Clutter wanted confirmation that the property owner would be warned before it reaches the necessity for a hearing and a judge. City Manager Cano assured Council that the owner would be sufficiently notified prior to the matter going before a judge. It was the consensus of Council to accept the staff report as presented to Council. Councilman Clutter asked for assurance that staff would not use the name of the person filing complaint. City Manager Cano stated that with Code Enforcement it is not necessary to require the name. City Attorney Dolley read the title of the following- ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF ZONING CODES. Councilman Anderson MOVED, Councilman West SECONDED to read by title and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Anderson introduced. City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW CHAPTER 9.54 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING STANDARDS FOR PROPERTY MAINTENANCE. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to waive further. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor ProTem Dannen introduced. City Attorney Dolley stated these ordinances would be brought back to Council for final reading and adoption at the Council meeting of February 6, 1990. 3. HEARING- Election Campaign Ordinance. Mayor Jacobson announced that this was the time and place heretofore fixed for a Hearing on the Election Campaign Ordinance. Mayor Jacobson opened the hearing. 1. J.B. Wise, 519 Maryland stated he had reservations regarding the adoption of the political reform ordinance. He urged Council to establish a public committee for the purpose of reviewing the ordinance. Mr. Wise stated he had a problem with the proposed second filing date and suggested Council consider the filing date be changed to 12:00 noon on the day of the election. Councilman West expressed concern regarding the definitions of "volunteer" and "contributors ". He felt the ordinance might be quite cumbersome to enforce and create staff problems. City Attorney Dolley stated those definitions were taken directly from the State's Fair Political Practice Commission. (3) Council Minutes January 16, 1990 Councilman Anderson asked what the effective date of the proposed ordinance. City Attorney Dolley stated it would become effective 30 days from this date, January 16, 1990. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to read by title only and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Attorney Dolley read the title of the following: ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, AMENDING THE EL SEGUNDO MUNICIPAL CODE TO ADD A NEW CHAPTER 2.09 TO TITLE 2 CONCERNING LOCAL ELECTION CAMPAIGNS Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen and Mayor Jacobson NOES: Councilmen Anderson and West Councilman Anderson stated he felt this ordinance was "pushed through" without proper input from the public and that was his reason for voting against the adoption. B. UNFINISHED BUSINESS 1. An Ordinance amending the El Segundo Municipal Code by adopting an ordinance relating to newsracks on public property. 1. Williard Crick, 414 E. Mariposa stated he had complained and brought this matter before Council in August, 1989. He felt the old municipal code section was more astringent in the limitation of newsracks with offensive material than the proposed draft. Mr. Crick questioned the height of the newsracks. City Attorney Dolley clarified the proposed ordinance could limit to 4 1/2 feet but cannot discriminate the height. He stated he would review the height variances. Mayor ProTem Dannen asked what the procedure for having such newsracks on private property. City Attorney Dolley stated that stipulation was not included in this ordinance because of the difficulty in regulations. He offered to review the "Shop Ordinances" which involve the regulation newsracks on private property. It was the consensus of Council to direct the City Attorney to provide Council with copies of ordinances addressing the regulation of offensive newsracks on private property. 2. Frank Wong, resident stated the newsracks containing such material should be taken out completely. (4) Council Minutes January 16, 1990 Councilman West MOVED, Mayor ProTem Dannen SECONDED to read by title only and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Attorney read the title of the following: ORDINANCE NO. 1147 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. Mayor ProTem Dannen MOVED, Councilman West SECONDED to adopt as presented by staff. MOTION CARRIED BY UNANIMOUS VOICE VOTE. At the hour of 8:10 p.m. Council recessed. At the hour of 8:30 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. 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. 24345 -24575 Demand Register Summary Number 14 in total amount of $ 818,926.26 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. Regular City Council Minutes - January 3,1990. Approve 3. Called for discussion by Councilman Clutter 4. Political signs in Residential Zones This matter is for information only. No action is necessary 5. Contract renewal for George Devendorf for State mandated High -Rise Inspection Program. Approval of request 6. Ratify contracts for professional consulting services related to Hyperion Treatment Plant( Ray Lewis Consulting Engineers; Brunick & Pyle) and approval of appropriations for special activities related to Hyperion, LAX, and special projects. Approve 7. Called for discussion by Mayor ProTem Dannen Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (5) Council Minutes January 16, 1990 CALL ITEMS FROM CONSENT AGENDA 3. Amend Contract with Progressive Solutions, Inc. for Computer Management and Programming Services effective January 1, 1990. Approve Contract effective January 1, 1990. Councilman Clutter asked for clarification on bid procedures. City Manager Cano clarified the bid procedure as stated in the City's Municipal Code. Mayor ProTem Dannen stated there is a need for controlling the definition and interpretation of 'professional services" and suggested Council make a definite policy statement. Councilman Clutter agreed with the suggestion of a formal policy statement. It was the consensus of Council to direct the City Manager to provide Council with language for a policy statement with regard to bidding procedures for 'Professional Services." Mayor ProTem Dannen MOVED, Councilman West SECONDED to approve item number three as listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 7. Transfer of Funds to Renovate Fire Department Station 2. Receive and file There was no discussion on this item. Mayor ProTem Dannen MOVED, Councilman West SECONDED to approve item number seven as listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. E. NEW BUSINESS -CITY MANAGER 1. Status Report of Repair of Sewer Lines in the General Area of Mariposa and Hillcrest. City Manager Cano gave a Council a status report regarding the replacement of the sewer lateral where it connects to the sewer main for each of the affected houses. This project is estimated at $8,000 and is considered a minor project. Manager Cano stated that staff has discussed this matter with all the property owners involved and has assured them that work will not commence until the project details are explained. There is a meeting scheduled for January 20th for this purpose. Residents had also expressed their concerns regarding the easement, Manager Cano explained, and research indicated that a 7 1/2 feet easement had been given to the City from each property east and west of the sewer line for a total easement width of 15 feet. The easements were granted in 1925 for the purpose of inspection, construction, operation, maintenance and repair of sanitary and /or storm sewers. The City Attorney has indicated that as long as the easement has not been relinquished, the project is a legitimate purpose for the use of the easement. Manager Cano stated the subcontractor has assured the City that he will return the homes to like kind or better. (6) Council Minutes January 16, 1990 Judy Kohler, 632 W. Mariposa stated she has no problem with her home's sewer flow and expressed concern regarding the subcontractor fixing the property. She stated she would like a guarantee in writing that the City will be responsible for returning her property to the same condition prior to construction. Ms. Kohler also expressed concern regarding the large equipment that will be used for this project and where it would be stored. City Manager Cano stated for clarification that the City will be responsible for this project and the homeowners are not expected to interface with the subcontractor. The subcontractor will answer to the City for this project. 2. Oral Report- Request from the Treemusketeers to use City Banner for Arbor Day City Manager Cano stated that Ms. Gayle Church had sent a letter, dated December 7, 1989 requesting a number of items and a City banner for Arbor Day. Manager Cano recommended that Council direct staff to review the requests contained in the letter and also the request for a Banner. Mr. Cano stated Ms. Church was coordinating activities so El Segundo could participate in the Tree USA Program. Mayor ProTem Dannen asked if it was possible to get an extension of the December 31, 1989 deadline regarding the Tree USA program. It was the consensus of Council to direct staff to do what is necessary to meet the requirements for the Tree USA program and request an extension; to direct staff to consider all of the requests as stated in the letter from Ms. Church. 3. City Council Discussion and Policy Position Regarding Setting a Deadline on the Close of Business on the Wednesday Proceeding the Regularly Scheduled City Council Meeting for Placing Non Emergena /Urgency Items on the Agenda. City Manager Cano requested Council provide staff with a policy statement for placing items on the Agenda. He asked Council for a deadline of Wednesday, at the close of the business day, preceding the next Council meeting for all agenda items placed on the agenda by Council. It was the consensus of Council to adhere to this policy. F. NEW BUSINESS -CITY ATTORNEY - NONE G. NEW BUSINESS -CITY CLERK - NONE H. COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson 1. Letter to City Council from Mrs. Nicky Wislocky, dated December 29, 1989. Councilman Anderson questioned the written bid procedure, bids and quotes obtained, and business license obtained regarding the Municipal Code project currently being done by the City Clerk's office. Councilman Anderson suggested an outside investigation be conducted to obtain the facts regarding this project. Councilman Anderson MOVED, Councilman West SECONDED to direct staff to conduct an outside investigation on the Municipal Code project.MOTION CARRIED BY UNANIMOUS VOICE VOTE. (7) Council Minutes January 16, 1990 Councilman West and Councilman Anderson were concerned with Mayor Jacobson's involvement in the project. Mayor ProTem Dannen stated he supported the investigation and suggested the project might possibly be placed in the City Manager's office for completion. City Manager Cano stated it was necessary for the City to hire an outside firm to conduct the investigation as further problems could arise if staff were involved. Nicky Wislocky. 1208 E. Pine stated that no one could convey her intent other than herself. She felt she had conveyed in her letter to Council when she had said that she had and has no intention of charging the City for any personal services. The other point she stated she wanted to make was that the work was done in October months before the issue was raised at the City Council meeting. For the record, she stated and upon advice of her attorney, she jealousy guards her rights as a private citizen. She did not make a practice of placing lawn signs or making public endorsements of local candidates. She stated she believes that we all have a consititutional right to a secret ballot but she suddenly finds herself being dragged through the newspapers with allegations that the voted for or supported a variety of candidates. She said she really didn't think she would have to lecture Mr. West on the Constitutional Rights. Although, she stated, she has done a great deal of volunteer work over the years for a variety of individuals and organizations, she has encountered only one instance when she was rewarded with libel, slander and defamation of character. She had been given the honor of being included in a perjured police report claiming that she has been trying to suppress her letter that she wrote when the exact opposite was true. All of these insinuations and allegations have had a negative affect on her health, she stated, but since she had been forced to defend herself there were a few questions she wanted to ask. The Herald Reporter admitted to her that the basis for his interview with the City Manager was a letter that the paper knew to be a forgery. The interview left the implication that Mr. Hart had not followed proper procedures for arranging to have the City's code run through a scanner. Exactly what are "the proper procedures that should be adhered to ?" She stated she has listened to this discussion earlier in the evening and it seemed as though Council did not have a definition of what those procedures were in the case of professional services. Next, she stated, what was the proper procedure for volunteer services? Does the City go out to bid? Remember, she stated, her letter was received by the City prior to the interview saying she had no intention of billing the City for anything. From observation and her conversation with the City Manager, she stated that the proper procedure for purchasing City services, differes under each Council and under the jurisdiction of each City Manager. She referred to such contracts as the American Golf contract, the trash contract, various insurance contracts and even publication of the City code. Ms. Wislocky stated the City Manager had told her there was one policy in affect when the contract for the outside printing of the City newsletter was let and another policy or proper procedure adopted when he joined the City. Ms. Wislocky asked, did the City Council change policy? If not, how many bids were received for the last City newsletter, who placed the contract, who received the contract, what was the current status of the individuals involved and what is the profit.This whole issue started because the city was paying an outrageous price for the alleged printing and updating of the City code. When and how many bids were solicited for this work, Ms. Wislocky asked. She stated she had understood that if she were libeled or slandered as an individual there was a remedy in initiating civil action against the individual who made the statement. Ms. Wislocky asked that in a case where the individual is a City Councilman and uses the podium and a title of City Councilman for defaming the character of a private citizen, was the city responsible for his defense? Also when council uses his official title and clout for filing a criminal report with the Police Department, a report that a professional would normally laugh out of the station, does the City carry any liability? Ms. Wislocky concluded by stating she believed we had a responsibility to address the questions and she sincerely would appreciate any answers the Council could provide. (8) Council Minutes January 16, 1990 - Councilman Clutter Councilman Clutter made statements regarding the election processes in the City. - Councilman West Councilman West made statements regarding the election processes in the City. -Mayor Pro Tem Dannen 1. Fact Finding and Discussion of December 20, 1989 Closed Session Involving Conflict of Interest. Mayor Pro Tem Dannen stated that in an effort to bring cooperation among Council, he would not discuss the above item during this Council Meeting. He also requested that the establishment of a policy regarding publication of ordinance titles in the El Segundo Herald be placed on the February 6, 1990 agenda. -Mayor Jacobson Mayor Jacobson requested his colleagues to limit their political comments in the Council Chambers. He also reported on the last Board of Airport Commission Meeting, giving status of present developments. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. J.B. Wise, 519 Mgaland was appalled at the "electioneering" comments and urged Council to deal with City business. 2. Nicky Wislocky, 1208 E. Pine commented on Mr. Wise's statements. 3. Len Bonia, 929 Dune St. stated he was upset with Council's conduct. 4. Williard Crick, 1414 E. Mariposa stated strict regulation would limit or control pornographic distribution. Was concerned how the City was going to enforce "Adults Only" material. 5. Gertrude Voetg_li, resident questioned Council regarding working out their own personal differences, so City business could be given priority. 6. Helen Armstrong, 753 Hillcrest thanked Councilman Clutter for his comments. 7. Frank Wong, resident urged Council to review the current issues of airport noise, earthquakes, Proposition A funds and budgeting. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT At the hour of 10:15 p.m. Council adjourned. RECORDED, RONALD L. HART, CMC, CITY CLERK (9) Council Minutes January 16, 1990