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1990 MAR 06 CC MINEL SEGUNDO CITY COUNCIL MINUTES -MARCH 6, 1990- 7:OOPM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION given by J.H. Greer, Pacific Baptist Church PLEDGE OF ALLEGIANCE led by Councilman Anderson PRESENTATIONS 1. Council recognized City Employee of the Month - Crystal E. Arany, Business License Section, Development Services. 2. Mayor Jacobson proclaimed Arbor Day, March 11, 1990. 3. The following New Employees were introduced: Aretha Russel, Library Literacy Specialist Fire Inspector Laura Chaffee Police Officer Trina Mori Police Officer Brian Vansky Police Officer Wayne Trout 4. Chief Meehan introduced Sergeant Walter Krumbach and Officer Catherine Brumbelow as Recipients of the South Bay Medal of Valor. ROLL CALL Councilman Anderson- present Councilman Clutter- present Councilman Dannen- present Councilman West- present Mayor Jacobson- present PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Request by DESI to sponsor on Main Street a Saint Patrick's Day Sidewalk Sale on March 16 and 17, 1990. Diane Gilliland, Project Manager DESI, requested that DESI receive Council approval to hold a sidewalk sale on March 16 and 17 1990 from 10:00 a.m. to 6:00 p.m. Councilman West asked the City Attorney if he was in conflict of interest by voting on this issue. City Attorney Dolley stated unless his proceeds from this sale were in excess of $10,000 would there be a Conflict of Interest. Councilman West MOVED, Councilman Anderson SECONDED to approve the request made by DESI providing the proper insurance certificates are in place; approved by the City Attorney. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. John VanHook, SEE (Save El Segundo's Environment) Committee Representative, gave an update on the residential meetings with the Hyperion Treatment Plant Representatives. Requested Council assistance by showing more support and attending the meetings when residents meet with Hyperion Treatment staff. Council Minutes March 6, 1990 1 Requested the City Manager, City Attorney, and consultants hired by the City to attend. Asked who on Council could attend the March 14th meeting. Councilman Anderson stated he would try to attend that meeting. 3. Gerhardt Van Drie, 744 W. Pine stated Hyperion is reviewing the possibility of building north of Imperial. Asked that Council and citizens unify in their efforts with addressing the issue of the Hyperion Treatment Plant. 4. Len Bonea, 924 Dune supported Mr. Van Drie on the Hyperion issue. 5. Marcy Dugan, 725 W. Maple asked Council to facilitate the repair on Maple street west of Hillcrest to avoid any possible injuries to children in the area. 6. Ara Avak, 731 W. Pine announced that the El Segundo Taxpayers Association "Meet the Candidates Night" was scheduled for Thursday, March 8, 1990 at 7:30 p.m. 7. Tom Jolly, 352 W. Oak asked Council to consider an urgency matter in allocating funds for replacing the goats that were killed last week. Suggested a special meeting or program every year for recognizing volunteers who give of service to the community. City Manager Cano stated staff is in the process of replacing the goats that were lost last week and they should arrive next week. 8. Gary Shultz, 227 Oak expressed concern regarding campaign literature. A. SPECIAL ORDERS OF BUSINESS 1. Oral Presentation: a. Update of Hazardous Waste Element of General Plan b. Overview of Hazardous Material Waste Management Program Director of Development Services, Lynn Harris gave Council a review of the Hazardous Waste Management Element of the General Plan. Ms. Harris stated the first draft of the element and the Technical Appendices have been completed and ready for the first in -house staff review. For public review of the plan there will be a notice in the March 29, 1990 El Segundo Herald noticing the public of copies available for review. The Planning Commission will hold a Public Hearing on April 12, 1990 and the Public Hearing for the City Council is scheduled for April 18, 1990. If the City does not adopt a plan by May 28, 1990 the City will lose the window of opportunity for input to the State. Fire Chief David Sloan, informed Council there we two phases to the Hazardous Waste Management Program: Regulation and Administration of State and Federal Laws, and Emergency Response. Fire Marshall Gene Bell presented an overview slide presentation covering the following. - Regulatory Framework -State Regulations -Role of Administering Agency - Business Owner's Responsibility - Administering Agency Responsibility -Key Elements for an RMPP(Risk Management - Implications of Proposition 63 E and Prevention Program) Council Minutes March 6, 1990 Battalion Chief Chandler presented a slide presentation on the City's emergency response capabilities to Hazardous Waste spills or fires. He stated there is trained staff for inspection as well as emergency response and outlined a possible plan for future planning. Mayor ProTem Dannen asked staff if they knew how much hydrogen fluoride is stored in the City at any one time. Fire Marshall Gene Bell stated the maximum quantity is 110,000 gallons. The normal average is about 75,000 gallons. The normal daily usage is 4,000 per day. At the hour of 9:00 p.m. Council recessed. At the hour of 9:10 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. Louis Irvin Jr., Plant Manager of Allied Signal Inc., presented an overhead projector presentation to Council of his company's use of hydrogen fluoride and his plant's systems and procedures. Mr. Irvin's presentation included the following: - Introduction and overview of Allied Signal - Background of El Segundo Works of Allied Signal, Inc. - Safety Operations - Ongoing Emergency Preparedness -Hydro Fluoride Flow Designs - Emergency Preparedness -HF Release and planned upgrades to existing systems - Summary Mayor Protem Dannen left the Chambers at 9:30 p.m. and returned to the bench at 9:45 p.m. George Wiley, Representative of Assemblyman Tucker stated that on February 12, 1990 Assembly Member Tucker introduced AB (Assembly Bill) 2857 which would add Chapter 6.3 to Division 20 of the Health and Safety Code, relating to hydrogen fluoride. Mr Wiley stated existing law variously regulates hazardous or toxic substances, but does not specifically regulate hydrogen fluoride. This proposed bill would require any business which handles, maintains, or stores more than 250 gallons of hydrogen fluoride to convert to a less hazardous substitute by December 31, 1992, or to relocate to an area where there are no residences or dwelling within a 15 mile radius by December 31, 1994. The bill will be heard in April, 1990. Mayor ProTem Dannen asked that a discussion and possible action on the proposed assembly bill be placed on the Agenda for the next City Council meeting of March 20, 1990. Councilman West suggested having a benefit risk assessment prepared for that Council meeting. City Manager Cano stated there is a benefit risk analysis underway, although its completion is not scheduled for a couple of months. It was the consensus of Council to agendize discussion of Assembly Bill 2857 for the next Council meeting on March 20, 1990. Mayor Jacobson asked to be informed of any other chemicals as harmful as hydrogen fluoride that are used in the City. Councilman Clutter asked the City Attorney to investigate the liabilities involved in Allied Signal and the City's enforcement of their hazardous materials. Council Minutes March 6, 1990 3 2. Council Directed Investigative Report City Manager Cano stated an investigative report was completed by the Honorable Thomas P. Foye. Mayor ProTem Dannen read the last paragraph of the investigation: "Numerous misunderstandings have resulted from this innocent and spontaneous act of volunteerism. No harm has been done except to the personal feelings of the participants, including the City Council. No violation of law or procedure has been found. It is recommended the Mayor, on behalf of the City, write a letter of commendation to Mrs. Wislocky for her contribution, and that he include an apology for the unpleasant situation that has come about. The investigation is closed." Mayor ProTem Dannen stated he should not have voted for this item and stated he would like to see his colleagues apologize. Councilman Anderson stated he did not feel it necessary to offer an apology for trying to give the community the answers to the questions they deserved. Nicky Wislocky 1208 E. Pine, stated she did not want an apology. She stated the second half of the work was withdrawn and suggested Council go out to bid for the remainder. If Council wishes to apologize for their scrutiny, then the second half of the work would be donated also. Councilman Clutter asked that the full text of the investigation be read. City Manager Cano read the following. INVESTIGATIVE REPORT The undersigned has been engaged by the City of El Segundo to investigate and report upon any problem arising from the City Clerk employing Mrs. Nicky Wislocky to perform services in connection with the modernization of the El Segundo Municipal Code. In conducting the investigation the following persons were interviewed, in the order shown: City Manager Cano, Mayor Jacobson, Councilman Anderson, Councilman Clutter, Councilman West, Councilman Dannen, City Clerk Hart, Deputy City Clerk Zarilla, and Mr. and Mrs. Wislocky. In June, 1989, the City Council directed the City Clerk to rework the Municipal Code: (a) to bring the service thereof "in house ": (b) to update it by purging outdated material; (c) to put it on computer; and, (d) to improve the format and index to make said code more accessible and readable for city personnel and the public. The project was funded in September, 1989. The start was a choice between city employees keying the pages onto computer discs, or using a scanner. It was concluded that a scanner would save time and money. Unfortunately, the scanner owned by the city, and those of several outside sources, could not produce a usable product. This was due to the quality of the present code. The City Clerk knew Mrs. Wislocky had a computer as a hobby, and that she had some experience with a scanner. He contacted her for suggestions on how to proceed. Mrs. Wislocky knew of a scanner that had been used for poor quality material. She borrowed it; tried it on the code; and, produced useable results. Then, without discussion as to cost, Mrs. Wislocky quickly processed all twenty chapters of the Municipal Code. It was her intent to be of help to the city, and she did not expect payment for her work. Council Minutes March 6, 1990 4 Some concern has been expressed that the content of the Municipal Code may be changed. The procedure set up by the City Clerk would frustrate any change of content. The scanner product is now being edited by city employees. The paper size and format are being improved and made uniform. When that is done, two persons working together will proof read the product against the old code. Then applicable sections of the code will be sent to each city department for further proofing and indexing. The City clerk may not have followed proper administrative procedures in seeking contractors for the scanning. He could have used better political judgment. However, he probably did not have the opportunity to advise the City Council that he propose to use Mrs. Wislocky's services as she acted so quickly in determining she could do the work, and then doing it. Numerous misunderstandings have resulted from this innocent and spontaneous act of volunteerism. No harm has been done except to the personal feelings of the participants, including the City Council. No violation of law or procedure has been found. It is recommended the Mayor, on behalf of the City, write a letter of commendation to Mrs. Wislocky for her contribution, and that he include an apology for the unpleasant situation that has come about. The investigation is closed. Dated: February 20, 1989 Mayor ProTem Dannen asked that discussion and further action on the Municipal Code be place on the Agenda for the next Council meeting of March 20, 1990. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to have the Mayor write a letter of commendation to Mrs. Wislocky for volunteering her services. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES: Councilman Anderson Council discussed the possibilities of formal recognition of community volunteers. B. UNFINISHED BUSINESS 1. Ordinance adopting Zone Text Amendment 90 -1 to Chapter 20 of the El Segundo Municipal Code to permit political signs in all zone districts city wide and limiting the size and duration, there of. Mayor ProTem Dannen MOVED, Councilman Clutter 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.1151 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 20.44 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 20.44.020 ENTITLED "POLITICAL" SIGNS. Council Minutes March 6, 1990 5 J.B. Wise 519 Maryland, stated this ordinance would go into effect April 5, 1990. He stated its possible that some of the signs for this election might not comply with this ordinance. He asked that Council postpone the ordinance's effective date. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt the subject ordinance and making it effective April 11, 1990. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Ordinance to adopt the requirements imposed by State Assembly Bill 547 for mitigation of hazard posed by Unreinforced Brick Masonry Structures. (UBM) built before 1934. Mayor ProTem Dannen MOVED, Councilman Clutter 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. 1152 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 16.06, SECTION 16.06.010 THUR 16.06.090, TO THE MUNICIPAL CODE REGARDING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt as amended. MOTION CARRIED BY UNANIMOUS VOICE VOTE. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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. Called for discussion by Councilman Anderson 3. Called for discussion by Councilman Clutter 2. Special City Council Minutes - February 20, 1990 -5:00 p.m. Approve 4. Consultant services for Water System Capital Improvements. Authorize staff to retain the consulting firm of James M. Montgomery for study and analysis of City's Water System Capital Improvements. 5. Called for discussion by Councilman Anderson 6. Request for the City Council to approve the lowest bids for Vehicle and Equipment Replacement for Fy 1989190 for the City of El Segundo. Approve the bids of Hertz Used Car Sales, Mike Miller Chevrolet, and Highway Marketing Systems and reject all other bids. 7. Appropriation of donated funds for Joslyn Center. Approve appropriation Council Minutes March 6, 1990 8. Report relative compliance with Fire Sprinkler Law Receive and file 9. Household Hazardous Waste Collection Day Approve low bid of Safety Specialists, Inc., estimated cost: $25,000. Councilman West MOVED, Councilman Clutter SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 1. Warrants Nos. 25103 - 25473 Demand Register Summary Number 17 in total amount of $ 1,426,549.01. 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. Councilman Anderson stated he would abstain from voting due to a possible conflict of interest. Mayor ProTem Dannen expressed concern regarding check number 25150 on page eight of the subject warrant register designated for the Sepulveda Tunnel Project for $35,100. He stated he thought the funds were to be paid to the LACTC and not to the Department of Airports. City Manager Cano stated he would investigate the City Council minutes relating to payments authorized by Council to the LACTC. Mayor ProTem Dannen also referred to a liability contract on page forty -one of the warrant register. He asked for approval of this current liability item, however asked that the total liability contract be postponed for approval and placed on the next agenda for discussion and action, so direction can be given to staff to invite bids next year on this item. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to approve item number one with the exception of Check number 25150, on page eight. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES: None Abstentions: Councilman Anderson 3. Regular City Council Minutes - February 20,1990 -7:00 p.m. Approve Councilman Clutter expressed concern regarding the Council Minutes of February 20, 1990. Councilman Clutter asked if the February 21, 1990 Action Minutes were correct with regard to the motion made regarding the Hyperion Conditional Use Permit. City Clerk Hart stated the Action Minutes are a non - official document and were in error and the Regular Council Minutes of February 20, 1990 are correct. Council Minutes March 6, 1990 7 Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to approve item number 3 as listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 5. Replacement of Playground Equipment at 5 Parks- Project Number PW 88 -a. Accept the work as complete Councilman Anderson commended staff on the appearance of City parks and recreation areas. Councilman Anderson MOVED, Councilman West SECONDED to approve item number 5 as listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. E. NEW BUSINESS -CITY MANAGER 1. Oral Report on City Council decision to establish a Community Advisory Committee on Solid Waste Recycling It was the consensus of Council to carry this item over to March 20, 1990 and to postpone advertising for the committee openings until staff had presented Council with possible organizational options. 2. Discussion regarding the City Manager and the City Attorney advising Councilmembers on possible conflict of interest items that appear on City Council Agenda. City Manager Cano stated he did not want to make it a practice of staff informing Councilmembers of a possible conflict of interest with regard to items on the Agenda. Mr. Cano stated he will give a Councilman a courtesy call if he noticed a possible conflict of interest with an item. Councilman West suggested a unified approach with all councilmembers and avoid embarrassment by using a courtesy policy of notification. Mayor ProTem Dannen stated the community has a right to be fairly represented by Councilmembers. It is an individual responsibility to keep abreast of projects or issues affecting their own areas of possible conflict of interest. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to direct staff not to contact or advise Councilmembers regarding conflict of interest matters. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and Mayor Jacobson NOES: Councilman West F. NEW BUSINESS -CITY ATTORNEY - NONE G. NEW BUSINESS -CITY CLERK - NONE H. NEW BUSINESS AND REPORTS -CITY COUNCILMEMBERS - Councilman Anderson Councilman Anderson asked the City Manager to investigate why the north side of Maple Street has been left unimproved, as referred to by Marcy Dugan under Public Communications. Council Minutes March 6, 1990 0 - Councilman Clutter - NONE - Councilman West - NONE -Mayor Pro Tent Dannen 1. Discussion of City hiring a City prosecutor as opposed to going through the District Attorney's Office. Mayor Pro Tem Dannen asked this item be postponed to the next Council meeting of March 20, 1990 to allow the City Manager and staff to prepare a report. 2. El Segundo Herald Contract It was the consensus of Council to have the City Attorney review the matter of a written contract with the Herald and to review adjudication; to investigate if the City is paying the lowest amount under law for publications. Mayor ProTem Dannen also questioned the cost of publishing public notices due to their detail and length. City Attorney Dolley stated he would review this matter and also confer with the City Clerk, Ronald Hart as to procedure. Mayor ProTem Dannen also asked the Fire Department to consider having our fire trucks, when not on response calls, to use Mariposa as an alternate route to Maple Street. He stated several residents were concerned. -Mayor Jacobson None PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Rod Spackman, Chevron USA referred to Council approved item number nine under the consent agenda: Household Hazardous Waste Collection Day. On behalf of Chevron he would like to donate literature pertaining to this subject for City use and /or distribution. MEMORIALS - NONE CLOSED SESSION Council did not adjourn to Closed Session. ADJOURNMENT Council adjourned at 11:25 p.m. RECORDED, RONALD L. HART, CMC, CITY CLERK Council Minutes March 6, 1990 9