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1991 APR 02 CC MIN-7EL SEGUNDO CITY COUNCIL MINUTES - APRIL A 1991 CALLED TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION given by Reverend Timothy Schpman, Saint John's Lutheran Church. PLEDGE OF ALLEGIANCE given by Councilman Clutter. PRESENTATIONS 1. Police Chief Meehan introduced new employees Larry Harrington, P.S.O. and Marjory Jacobs, P.S.O., and Fire Chief Sloan introduced new employees James Carver and James Stephens. 2. City Council proclaimed Building Safety Week as April 8 -12, 1991 - Councilman Wise presented Proclamation to Building Official Hyrum Fedje. 3. City Council proclaimed National Library Week as April 14 -20, 1991 - Mayor ProTem Dannen presented Proclamation to Library Director Barbara Pearson and Librarian Karen Stone. 4. City Council proclaimed Child Passenger Safety Week as April 28 -May 5, 1991 - Councilman West presented Proclamation to El Segundo Police Motor Officer Rick Salmen. 5. City Council proclaimed Earthquake Preparedness Month as April, 1991 - Mayor Jacobson presented Proclamation to El Segundo Police Department Lt. Robin Radford. ROLL CALL Councilman Clutter Councilman West Councilman Wise Mayor ProTem Dannen Mayor Jacobson - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Five individuals addressed City Council. 1. Chamber of Commerce Request To Hold Twilight Run on Saturday, June 15 at 6:00 p.m. Dominique Sorensen, Executive Vice President of the El Segundo Chamber of Commerce, addressed Council stating that holding this Run will be both beneficial to the community and businesses as a whole. Mayor ProTem Dannen asked if the Chamber had proof of insurance; Ms. Sorensen replied they were covered for all events. Mayor Jacobson questioned staff if arrangements had been made for street closure; City Manager Cano replied they had and could adequately control traffic. Councilman West asked clarification from Assistant City Attorney Wadden on whether he could vote since he had a business within this location; Assistant City Attorney Wadden replied he could vote on the item. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve Twilight Run on Saturday, June 15 at 6:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE. 2. DESI Request To Hold 3-on -3 Basketball Tournament and Close Streets On Ma 18-19. Kevin Mortesen, DESI Manager, addressed Council asking approval to hold the "Hoop La In The Streets" 3 -on -3 basketball tournament, and to close Main and Standard Streets during the tournament to be held between 6:00 a.m. and 6:00 p.m. Mayor Jacobson asked Mr. Mortesen if DESI considered closing Richmond Street instead of Main and Standard Streets; Mr. Mortesen replied that the street was not flat enough and that he met with both Fire Battalion Chief Gilbert and Police Captain Grimmond who had not problem if given adequate notice. 1 MOVED by Councilman Wise; SECONDED by Councilman West to approve basketball tournament to be held May 18 -19 between 6:00 am - 6:00 pm, and authorized closure of Main and Mariposa Streets. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3. Flight Services Unlimited Penalty Refund Request For Late Business License Renewal. A gentleman (name not given)- Manager for Flight Services Unlimited addressed Council giving an explanation for the late renewal of the company's business license, and asked Council to refund the penalties paid based on the explanation. Council concurred they understood the explanation but were required to comply with the law. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to deny penalty refund request. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4. Morrison Express and MEC Investments, Inc. Penalty Waiver Request For Late Business License Tax. Mayor ProTem Dannen stated for the Public Record he has had no communication with other Councilmembers or staff members on this request, and after reading the waiver request he recommends denial. MOVED by Mayor ProTen Dannen; SECONDED by Councilman Wise to deny penalty waiver request. MOTION PASSED BY UNANIMOUS VOICE VOTE. Willard Creek, 1414 E. Mariposa addressed Council regarding a water hydrant located at Imperial Avenue - halfway from Pershing Drive to the ocean - which is presently being used by the Hyperion construction crew, and asked if the City was paying for the water or was Hyperion /City of Los Angeles. Also, stated concerns regarding OSHA Noise Requirements with regards to legal decibels and asked if this had been researched. Council directed staff investigate both issues and report back by April 16, 1991. Louis Irvin. 1341 Grand Avenue addressed Council regarding Allied Chemical, where he is Plant Manager, and misunderstandings of hydrogen flouride (HF). He stated Allied Chemical has state of the art equipment and emergency measures to avoid possible cloud vapors from occurring, and they plan to stop producing HF by January, 1999. He asked Council to support the South Coast Air Quality Management District's (SCAQMD) Rule 1410 as submitted on April 5, 1991. Mayor ProTem Dannen stated at their regular meeting of March 19, there was a presentation regarding hydrogen flouride and another tonight by Mr. Irvin. No comments were made by him on March 19 in the interest of maintaining good -will with Allied Chemical. Although Council's actions to remove 70,000 gallons could affect peoples jobs, he felt public safety outweighs that, and it also presents too great of a risk to the community. Further stating that he felt the SCAQMD report was incorrect, and that amount of hydrogen flouride should not be allowed in this kind of an urban setting because it is far too dangerous and presents too many risks to residents and the community, and he holds to his position that it should be controlled or removed at all possible convenience. A. SPECIAL ORDER OF BUSINESS Public Hearing- Second Reading Of Urgency Ordinance Amending Ordinance No. 1160 - Providing For An Additional 109 Mandatory Reduction Of Water Usage To A Level 30% Below 1989 -90 Baseline. City Manager Cano reported staff recently met with the Municipal Water District and West Basin Metropolitan Water District which concluded that they both plan to reduce from 30% to 20% based upon the current rainfall status, and they will finalize their decision by next week. Therefore, staff was recommending Council revise the language in the amended ordinance in the event this happens in order to avoid coming back to Council each time there was a change made. He recommended the language state: "Should West Basin Metropolitan Water District modify their adopted Water Conservation Ordinance so to remain in effect at a less than 30% reduction in usage, this Ordinance and /or Ordinance 1160 should so automatically change without further Council action." Furthermore, they may wish to add increase /decrease following `action'. K Mr. Atwater, WBMWD, addressed Council stating the Stage 6 Level of 30% is expected to go back to Stage 5 Level at 20 %, but cannot be sure until next week. Mayor ProTem Dannen stated he supports water conservation but he recently read an article about the WBMWD regarding water conservation which stipulated they are requesting water conservation and on the other hand are encouraging more developments which consume large amounts of water, and he felt was unfair to penalize residents while allowing this to occur. Therefore, he recommended a letter should be sent to the WBMWD asking for an explanation, and before passing on fines he wants to be sure the City is not actually paying for development in downtown Los Angeles or anywhere else. Mr. Atwater responded the WBMWD has 1% annexation areas which could increase water usage, and when this occurs those areas must report to the WBMWD that they would require more water allowance. He concurred with Mayor ProTem Dannen and that the WBMWD has ruled that should any new development be done within this area - that they try to offset the demand. The District leaves development decisions to the individual City Council's to consider approving during the drought situation, but is available to consult with these cities who are planning major developments of this kind. He recommended instead of preventing new developments that they develop set water conservation conditions /standards on these projects to offset water conservation problems, and the District would be willing to assist if needed. Mayor ProTem Dannen asked if he was correct in the understanding that Los Angeles could annex without any penalties; Mr. Atwater responded that this was correct, but under the drought program the WBMWD received a monthly target at the current Stage 5 20% reduction which El Segundo is 1/6% of, and should anyone exceed the set allocation, that City would absorb the penalties. Mayor ProTem Dannen asked Mr. Atwater if this meant El Segundo would be helping to finance Los Angeles' growth; Mr. Atwater responded that the issue of growth and who pays for it basically is financed by MWD. New developments pay for developing a new water supply. Councilman West asked if there were any new water supply developments, channels, or tunnels; Mr. Atwater responded that the WBMWD is presently helping to finance a more reliable supply for El Segundo and neighboring communities, and then distributed brochures on the West Basin Reclamation Program. He further stated that the WBMWD has an agreement with Chevron to place a reclamation facility on their property - which is what the brochure is about - and the water is used for industrial purposes only - not drinking water, and that it will be at wholesale cost. Mayor ProTem Dannen stated he would like to see the WBMWD work with Caltrans during this Reclamation Program Project due to possible traffic problems resulting from this and the widening of Sepulveda Blvd. City Manager Cano stated staff met with Mr. Atwater to ensure the environmental safety of the community regarding this proposed reclamation facility, and the City's conceptual support is based upon the City serving as the water deliverer - that any water produced at this facility would go to the City for their distribution. Mayor Jacobson stated this discussion was actually dealing with Special Order Of Business Item #3 and would like to continue with the opening of the public hearing for Item #1. RECESS 8:20 P.M. RECONVENED 8:30 P.M. - ALL MEMBERS PRESENT Mayor Jacobson open the public hearing asking the City Clerk is proper notice had been done; City Clerk Hart replied it had been noticed by the Public Works Department. Mayor Jacobson asked City Clerk Hart if any written communication had been received by his office; City Clerk Hart responded none had been received. Mayor Jacobson asked Assistant City Attorney Wadden if the public hearing was continued to April 16 in order to find out if the amendment was required or not, could they not adopt the ordinance at that time; Assistant City Attorney Wadden stated is would be acceptable. 3 Ken Putnam, Public Works Director, presented staff report asking Council to consider approving the recommendation to add the paragraph stated earlier, and to proceed with the public hearing for adoption of the ordinance. Mayor Jacobson closed the public hearing portion of the meeting, and recommended the public hearing be continued to April 16 to allow Council to review the results of whether the WBMWD passes 30% from 20% reduction. MOVED by Councilman Clutter; SECONDED by Councilman West to continue public hearing to April 16, with discussion by Mayor ProTem Dannen stating he recommends staff to review all urgency ordinances, and when and how changes can be made to avoid future problems from reoccurring. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Councilmen Clutter, Wise and West. NOES: Mayor ProTem Dannen. 2. Consideration Of Ordinance Granting Temporary Amnesty For Penalties and Interest For Unpaid Taxes Due Pursuant To The Tax Imposed On Unoccupied Property Available For Rental Property - Pursuant To El Segundo Municipal Code Section 5.08.020(b). Mayor ProTem Dannen stated since the City Manager commented Council had discussed this item before he wanted to clarify that Council discussed this during a closed session under potential litigation with the City Attorney present, that they only discussed those items with possible impact of potential litigation to the City, and that no decision was made at that time. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to read Title Only and waive further reading of ordinance. MOTION PASSED BY UNANIMOUS VOICE VOTE. Assistant City Attorney Wadden read Title Only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO GRANTING A TEMPORARY AMNESTY FOR PENALTIES AND INTEREST FOR UNPAID TAXES DUE PURSUANT TO THE TAX IMPOSED ON PROPERTY AVAILABLE FOR RENTAL PURSUANT TO SECTION 5.08.020(B) OF THE EL SEGUNDO MUNICIPAL CODE. INTRODUCED by Mayor ProTem Dannen. City Manager Cano informed Council once the ordinance is adopted, copies will be transmitted to all appropriate individuals. 3. Statue Report: West Basin Water Reclamation Program Of The West Basin Municipal Water District ( WBMWD). Mayor Jacobson stated staff was requesting authorization to work with WBMWD on the West Basin Water Reclamation Program. MOVED by Councilman West; SECONDED by Councilman Wise to authorize staff to work with the WBMWD. Status Report Received/Filed. B. UNFIIJISHFD BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Initial Process To Fill Potential Vacancies On Recreation & Parks Commission. Mayor Jacobson stated this was a request to advertise for two vacancies on the Recreation & Parks Commission, and that the time requirement was very short - should be at least three weeks minimum. MOVED by Mayor ProTem Dannen; SECONDEDby Councilman Wise to authorize staff to advertise for 30 days for applicants to fill these two vacancies. 4 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. Warrant Numbers 32307 -32556 on Demand Register Summary Number 18 in total amount of $1,143,701.40. Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; Emergency disbursements and/or adjustments. 2. City Council meeting minutes of March 19, 1991. Approval. 3. Request for approval of Public Works construction progress payments from State Street Bank & Trust Co. Construction Fund Library Expansion and Remodeling Project, in the amount of $256,100.50. Approve payment #8 and authorize staff to release funds. 4. Agreement with BSI Consultants, Inc. to provide engineering support to the City relative to the Metro Green line light -rail construction in the City. Cost to City to be reimbursed by LACTC. Approve agreement. 5. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 6. Household Hazardous Waste Collection Day - April 27, 1991. Award contract to MSE Environmental, Inc. for an estimated cost of $22,650.00. 7. PULLED FOR DISCUSSION BY COUNCILMAN WEST. 8. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 9. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 10. PULLED FOR DISCUSSION BY CITY MANAGER CANO. MOVED by Councilman West; SECONDED by Mayor ProTem Dannen to enact all consent agenda items except Nos. 5, 7, 8, 9, and 10 called for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE. CALLED ITEMS FROM CONSENT AGENDA: 5. Electrical renovation of the Urho Saari Swim Stadium - Project No. PW 91 -4. Councilman Wise congratulated Bellur Devaraj, City Engineer, on his success in saving approximately $70,000. Councilman West added he felt Councilman Wise should be thanked for his assistance; Council concurred. Mayor ProTem Dannen asked if the problem in the Treasurers Office with National Electrical Contractors was cleared up; City Clerk Hart responded it had been cleared as of 1:00 P.M. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to award contract to National Electrical Contractors in the amount of $54,780, and to appropriate $60,000 from Capital Improvement Funds for the project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 7. Establishment of stop controls at the intersections of Pine Avenue/Main Street, Pine Avenue /California Street, Pine Avenue /Center Street and Center Street/WalnutAvenue. Councilman West asked Assistant City Attorney Wadden whether he could vote on this item; Assistant City Attorney Wadden responded it was. MOVED by Councilman West; SECONDED by Councilman Wise to adopt Resolution No. 3681 approving stop signs at Main and Pine Streets, and to adopt Resolution No. 3682 approving stop signs at California and Pine Streets. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5 MOVED by Mayor ProTem Dannen; SECONDED by Councilman Clutter to adopt Resolution No. 3683 approving stop signs at Pine and Center Streets, and adopt Resolution No. 3685 approving stop signs at Center and Walnut Streets. (Note the resolution numbering is out of order due to outstanding resolution). MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmen Clutter and Wise. NOES: Councilman West. 8. An agreement between the City of El Segundo and the County of Los Angeles for assigning $193,200 of City Federal -Aid Urban (F.A.U.) allocations to the County of Los Angeles for future reimbursement by the County. Mayor ProTem Dannen stated concern with money going towards the widening of Sepulveda Blvd., and since he's opposed to widening Sepulveda Blvd. he is against this agreement and allocation of funds. MOVED by Councilman West; SECONDED by Councilman Wise to approve agreement assigning $193,200 allocations to County of Los Angeles, and authorize Mayor to execute agreement on behalf of the City. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Councilman West, Councilman Wise. NOES: Mayor ProTem Dannen, Councilman Clutter. 9. 1990 -1991 replacement of sidewalks at various locations and construction of handicap access ramps on Pine Avenue - Project No. PW 91 -5. Mayor Jacobson and Mayor ProTem Dannen wished to abstain from discussions due to property ownership within 300 sq.ft. of proposed project. Councilman Clutter asked Assistant City Attorney Wadden for clarification on abstention; Assistant City Attorney Wadden responded since this project of replacing sidewalks at various locations would ultimately be a citywide project, all councilmembers will at one point be affected. Therefore, depending on the nature of the project, in his opinion, it would be allowable for all councilmembers to participate in the discussions and vote. MOVED by Councilman West; SECONDED by Councilman Wise to adopt plans and specifications and authorize staff to advertise for bids. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen West, Wise, and Clutter. NOES: None ABSTENTIONS: Mayor Jacobson and Mayor ProTem Dannen. 10. Award bids on lease of 1990 -1991 Groundwater Pumping Rights in West Coast Basin. City Manager Cano stated Union Pacific withdrew their bid based on the fact that they had not had the opportunity to pump rights and meet the deadline conditions. Staff was therefore recommending Council approve ARCO Products phone bid to accept those 150 acre feet at $160 per acre foot. Ken Putnam, Public Works Director, stated ARCO Products is also interested in obtaining the remaining acre feet as well. Mr. Putnam informed Council there are 70 right holders and 50 of them have pump rights which the City only received three Bid offers and some No Bids. He then presented a brief report on how the City's fresh water became salt water and non - consumable. MOTION by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve bid withdrawal of Union Pacific Resources Company and to award ARCO Products Company the lease of 1990 -91 water rights as follows: 400 acre feet at $225 per acre foot - total bid of $90,000, and modify staff report to read 553 acre feet at $160 per acre foot - total bid of $88,480. MOTION PASSED BY UNANIMOUS VOICE VOTE. E. NEW BUSINESS - CITY MANAGER 1. Removal Of Parking On A Temporary Bevis South Side Of Imperial Avenue Between Main Street and 7- Eleven Commercial Center Driveway, And Striping For Right -Turn Only Lane. City Manager Cano presented staff report informing Council staff was requesting to temporarily remove parking on the south side of Imperial Avenue between Main Street R and the 7- Eleven Commercial Center driveway to allow staff to strip street for a right - turn -only lane and to provide signage. Council discussion ensued with a consensus for both a left -turn -only traffic lane and a right - turn/straight through traffic lane. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to authorize staff to impose parking restrictions and modify staff report to provide stripping of both a left- turn -only traffic lane and a right - turn/straight through traffic lane and provide appropriate signage. MOTION PASSED BY UNANIMOUS VOICE VOTE. 2. WESTNET Reimbursement and Proposal to Increase and Reassign Personnel Report. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve increase in sworn personnel to 68 from the General Fund, to be reimbursed from the Asset Forfeiture Fund - with interest. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3. Amendment To City Manager Home Relocation Agreement. Mayor ProTem Dannen stated this request for the remodeling of the City Manager's home would be in the best interest of the City to approve, because of the property value increase, and the property appraisal report is for information only. Councilman Clutter stated he was in agreement so long as it does not exceed the property value. MOVED by Councilman Wise; SECONDED by Councilman West to approve request as submitted. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4. Request To Change Revenue Enhancement Workshop Of April 9, 1991. City Manager Cano requested Council's authorization to change the Revenue Enhancement Workshop scheduled for April 9 at 7:00 p.m. to April 15 at 7:00 p.m. to allow staff more time to research information and Council to adequately review the submitted report. Council Consensus: Authorize change of workshop from April 9 to April 15 at 7:00 P.M. 5. Request To Schedule City Council Joint Meeting With The Recycling Committee. Council Consensus: Authorize staff to schedule a Joint City Council and Recycling Committee Workshop for April 9 at 7:30 P.M. 6. Request Authorization To Attend Oversight Hearing On April 3, 1991. Council Consensus: Authorize City Manager to attend Oversight Hearing on April 3, 1991 at the invitation of Richard Dixon, and to give a status report on hearing. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COUNCHMEM13ERS Councilman Clutter - NONE Councilman West - NONE Councilman Wise: 1. Agendize discussion on the Sterling Suites Problem For April 16, 1991. 2. Agendize report on laws against living in trailers and motorhomes in El Segundo and on Holding Tanks For April 16, 1991. 3. Asked City Manager Cano if he had status on the El Segundo Unified School District situation; City Manager Cano responded that staff and the sub- committee is working on the issue. Mayor ProTem Dannen: 1. Agendize Discussion On CTIP For April 16, 1991 - based on information he received that there has recently been a change to that policy - that El Segundo cannot use those buses. Mayor Jacobson: 1. Approval Of Noise Abatement Committee Working With Video Staff To Produce Video Series On Airport Issues. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve. MOTION PASSED BY UNANIMOUS VOICE VOTE. PUBLIC COMMUNICATIONS - NONE CAI 5v FA V NONE CLOSED SESSION - NONE Council may move into closed session pursuant to applicable law, including the Brown Act (Government Code Section 54950, et sea) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and /or existing litigation and /or discussing personnel matters. ADJOURNED at 9:26 p.m. to a Joint City Council/Recycling Committee Workshop on April 9, 1991 at 7:30 P.M. Ronald L. Hart, CMC /AAE City Clerk E