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1991 DEC 17 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL DECEMBER 17, 1991 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Councilwoman Cruikshank INVOCATION by Pastor Dennis Estill, El Segundo Foursquare Church. PRESENTATIONS 1. Chet Pipkin, President of the Centinela Valley YMCA presented the 100th Anniversary of Basketball Poster to the City Council as an expression of thanks. ROLL CALL Councilwoman Cruikshank - Present Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Nine individuals addressed the City Council. 1. Discussion Of Willard Krick's Request Of The Following Items. Willard Krick, 1414 E. Mariposa addressed the Council on A) Preservation and protection of the "small town" atmosphere. Also, discussion of height limitations on property West and East of Sepulveda Boulevard, and he recommended there be height limitations in the City's General Plan. Mr. Krick gave a brief development scenario on floor area ratios, floor area per story, and submitted his sketch. He asked when the General Plan would be redrafted to include those recommendations made to staff; Kendra Morries, Director of Planning responded approximately March 1. B) Mr. Krick read and submitted the El Segundo Residents Association's (ESRA) objections regarding political activities and campaigning on school property. He addressed comments made about ESRA's Newsletter; Mayor ProTem Dannen read City Attorney Dolley's response to political activity at Park Vista. Councilman West stated a mistake regarding him was made on a particular issue of the ESRA Newsletter. Mayor ProTem Dannen left dais at 7:36 P.M. and returned 7:38 P.M. Councilman West left dais at 7:38 P.M. and returned 7:41 P.M. C) Mr. Krick stated he felt the General Plan Advisory Committee (GPAC) residential representatives were harassed while serving on this Committee, and stated his objections to the Committee's disolvement. He then addressed and submitted a letter he received from Councilman Wise regarding GPAC. Councilman Wise addressed the letter, and his reasons for meeting with Mr. Krick was to discuss concerns regarding possible conflict of interest issues of some of the Committee's members. Mayor ProTem Dannen left dais at 7:42 P.M. and returned 7:48 P.M. R.J. Switz, 1209 E. Maple Avenue addressed Council stating concerns and perceptions regarding City management of finances on the budget and running the City without a budget. He addressed an article Aviation Week magazine regarding management, and then submitted the magazine for Council's review. City Council Minutes 1 December 17, 1991 Gert Voeqtli. ESRA addressed Council stating objections to Willard Krick being called a liar, and to the negative comments made about ESRA made at the last few meetings and the fact that residents are being told they cannot discuss these comments. Steve Edelfson. ESRA addressed Council explaining what ESRA is. Bill Mason, President of the Chamber of Commerce addressed Council asking to speak on Special Order of Business Item No. 4. Jim McGoldrick, 412 Oregon Street - addressed Council regarding townhouses on Holly and Oregon Streets, and recommended the Planning Commission deny the variance on January 9. He also stated objections to the City purchasing the Imperial Street School - which was on this agenda under Mayor ProTem Dannen's name. Mayor ProTem Dannen stated that this item was the E1 Segundo Unified School District property at 616 Imperial Avenue, and was not the Imperial Street School. Mr. Ingler addressed Council stating concerns regarding not knowing when comments made are true or not. Liz Garnholz addressed Council wishing to speak on New Business City Councilmembers - Mayor ProTem Dannen Item No. 1. Council consensus to take item out of order. H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS - Out Of Order. Council consensus to take this item out of order. - Mayor ProTem Dannen 1. E1 Segundo Unified School District property located at 616 West Imperial - issues pertaining to the City's purchase and development of this property as a parking lot. Liz Garnholz questioned why the City would be considering purchasing this property for a parking lot if they placed the barricades on Hillcrest /Imperial in order to control traffic. Also, recommended that Council place restrictions and security on this property should they decide to do this. Councilman West left dais at 8:08 P.M. and returned 8:09 P.M. Mayor ProTem Dannen concurred with some sort of restricted parking. He stated it was supposed to have a gate, and restricted parking times with adequate security - perhaps a guard. He further stated he would not recommend this project - should the City not be able to address safety issues. PUBLIC COMMUNICATIONS - Cont'd Frank Wong, 435 Valley - addressed Council asking City Attorney Dolley for clarification on whether the City Clerk had the authority to terminate a candidacy; City Attorney Dolley stated he believed City Clerk Hart did not have the authority to do this. Mayor Jacobson closed this portion of the meeting. RECESS at 8:22 P.M. RECONVENED at 8:40 P.M. ROLL CALL all Councilmembers present. A. SPECIAL ORDER OF BUSINESS 1. Ordinance of the City Council of the City of E1 Segundo, California, adding Chapter 2.05 to Title 2 of the E1 Segundo Municipal Code and amending Sections 2.12.090, 2.20.020, and 5.48 relating to the duties of the City Clerk. City Council Minutes 2 December 17, 1991 Councilman West addressed staff report page 2 "They Presently" Items No. 4 and 6, stating he disagreed with these two items. Councilman Wise stated he felt that Item No. 6 should be handled by the City Manager. Mayor ProTem Dannen stated Item No. 6 revolves around past desires which would allow citizens to come to City Hall and access historical records through a computer. He asked that the E1 Segundo Municipal Code be readily available and to keep it in house. He stated concerns of keeping it updated. Councilman West addressed Item 6 stating that he agrees with having it on disk, and understands that staff is keeping it up to date themselves. Mayor Jacobson stated he believed the Code was presently up to date and current, and wants it to be up -to -date. Councilwoman Cruikshank stated she did not need a disk because she does not have a computer, and recommended the E1 Segundo Municipal Code functions be done by the City Manager. MOVED by Councilman Wise; SECONDED by Councilman West to have Items 1,2,3,4,9 and 10 be performed by the City Clerk, and that Items 5,6,7, and 8 be performed by the City Manager. That the City Clerk be directed to prepare an ordinance for possible adoption. Mayor ProTem Dannen stated Item No. 5 was very important to the check and balance system; Councilman Wise stated he felt it should be handled by the City Manager, and called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor ProTem Dannen, Councilmembers Cruikshank, West, and Wise. NOES: Mayor Jacobson. City Manager Cano clarified that he understood the Council wanted the City Manager to be administratively responsible for making sure these particular functions got done, and asked for Council's consensus that this become effective February 15, 1992. 2. Resolution of the City Council of the City of E1 Segundo, California, amending Chapter 1A1 (Elective and Appointive Officers) of the E1 Segundo Administrative Code. Councilwoman Cruikshank did not participate during the discussions or votes on this item. Councilman Wise requested to hold this item over until January, and stated it appeared in view of the editorial, that Councilwoman Cruikshank had done nothing wrong, and the Council received a ruling by the City Attorney that the City Clerk does not have the authority to terminate a candidacy. Therefore, he felt this could be solved by the City Clerk if he issued a News Release - Public Apology which stated it's incorrect, made a mistake. He felt everyone must be accountable for their actions, and if you do something wrong - you correct it. City Clerk Hart responded it is, and was his intention that if he is in error, he would make an apology to Councilwoman Cruikshank, this Council, and the electorate. He asked only that the Council release the City Attorney's Opinion which is Attorney - Client Privilege information, prior to him making an apology. Mayor ProTem Dannen stated he did not want to get into the liability issue. City Clerk Hart responded that he was not requesting Personnel Matter documents, but only the City Attorney's opinion of the City Clerk's authorities. City Council Minutes 3 December 17, 1991 Councilman Wise stated he had no problem in releasing this to the City Clerk; City Attorney Dolley stated the information could be made public, but there was some information which should be blacked out. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to consider opening that document up to the public as an urgency item coming up after the posting of the agenda. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 4/0/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmembers West and Wise. NOES: None. ABSTENTIONS: Councilwoman Cruikshank. MOVED by Councilman Wise; SECONDED by Councilman West to make that portion of the City Attorney's opinion regarding the City Clerk open to the public. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 4/0/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmembers West and Wise. NOES: None. ABSTENTIONS: Councilwoman Cruikshank. Mayor ProTem Dannen asked City Attorney Dolley to do this prior to Closed Session; City Attorney Dolley concurred. 3. Public Hearing - An appeal of the Planning Commission's denial of EA -252 and Variance 91 -3, an application to allow two rooftop patios with waivers of maximum permitted floor area and maximum permitted structural height at 222 N. Sepulveda Boulevard. Mayor Jacobson asked if proper notice was completed, and whether any written communications had been received by the City Clerk's Office; City Clerk Hart responded that proper public hearing notice was done by the Planning Department, and that no written communications had been received. Mayor Jacobson stated the applicant has requested to continue the public hearing to January 7, and asked if there was anyone who wished to address the item. No one wished to address the item, and the public communication portion was closed. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to continue public hearing to January 7. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 4. Public Hearing - Consideration of EA -269, a Negative Declaration of environmental impact and an extension of the interim Zoning Ordinance, Ordinance No. 1167, adopted by the City Council on November 5, 1991. Mayor Jacobson asked if proper notice was completed, and whether any written communications had been received by the City Clerk's Office; City Clerk Hart responded that proper public hearing notice was done by the Planning Department, and that no written communications had been received. City Manager Cano presented a report stating that the Interim Zoning Ordinance No. 1167 will expire on December 19, 1991. Pursuant to Government Code Section 65858, this advertised public hearing is to consider extending the effective date of this ordinance. Adoption of an IZO requires a four - fifths vote of the Council, and is initially effective for a maximum of 45 days from the date of it's adoption. Staff is required to submit a report to the Council 10 days prior to it's expiration or extension, which outlines the measures that are underway to alleviate the conditions which led to the adoption of the IZO. Staff recommends the Council approve EA -269; adopt a negative declaration of environmental impact, and extend an interim zoning ordinance. Mayor Jacobson opened public comments on this public hearing. City Council Minutes 4 December 17, 1991 Bill Mason. President of the Chamber of Commerce addressed Council stating staff incorporated the Chamber's requests, but there have been some complaints received by the Chamber of Commerce that this is interrupting the free -flow of business within the City. He asked Council to continue the public hearing to January 7 giving them the opportunity to address these concerns with the City Manager and Planning Director. City Attorney Dolley responded that the interim zoning ordinance will expire under State Law after 45 days, and can only be continued by the City Council by December 19. Mayor ProTem Dannen stated that there is nothing which prohibits an individual from requesting one of the Councilmembers to sponsor an agenda item, to change the IZO should the Council decide to put it in place this evening. He stated he would be willing to accept a review, but there are some definite time restrictions. City Attorney Dolley stated the Council can modify this interim zoning ordinance at any time, but it takes four - fifths vote. Robert Simpson, 1500 W. Carson St., Long Beach, 90213 addressed Council stating he owns property within the City, and felt the City was taking the wrong direction regarding the interim zoning ordinance, conditional and administrative use permits, and the costs involved. Ron Simms, 10100 Santa Monica Boulevard, Los Angeles, 90067 addressed Council stating he is a property owner - industrial building within the City, and that he hoped the Council received the faxed letter he sent. He stated concerns regarding fees and the length of time it takes to get conditional use permits, and recommended Council consider charging for traffic fees. He had the following questions on the interim zoning ordinance: Section 4 Item 5, Page 3- Planning Director's Administrative Use Permit Requirements - regarding having time limitations on the Receive and File issue; Fees should have an economic basis, and felt there should be some discussion on moral consideration. Jim DeCarli, 1500 W. Carson St., Long Beach addressed Council stating he was a property owner within the City, and informed them that there is 1800 sq.ft. of vacancies in the industrial buildings east of Sepulveda Boulevard. He stated that he supports Mr. Simms comments, and asked Council to consider them. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to close public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilman West complimented those individuals who addressed them, and stated he was not in favor of extending the IZO. He asked that it be agendized for a discussion at a meeting in January. Discussion ensued on reasons behind conditional use permits, freight forwarders, and the extension of the IZO. Jim DeCarli asked Council permission to address them on the item again. City Attorney Dolley informed Council they may wish to reopen the public hearing should they decide to vote on the item this evening. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to reopen public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 5 December 17, 1991 Jim DeCarli, 1500 W. Carson St., Long Beach addressed Council stating he felt the City of El Segundo was interested in businesses, but a CUP process which takes four to six months is not fair. Councilman Wise asked if Mr. DeCarli was speaking of an Administrative Use permit; Ms. Morries responded it was, and as a courtesy the staff tried to flag all of these permits due to the interim zoning ordinance but were not able to get all of them, and some had to be done over the counter. City Manager Cano stated staff needs to meet with these individuals who addressed the Council and discuss what staff's intention was with this interim zoning ordinance. He stated there is not, and has not been a back log in the last six months. Mayor ProTem Dannen left dais at 10:15 pm and returned at 10:20 pm. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve Environmental Assessment -269 and Negative Declaration of Environmental Impact, and read the ordinance by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Attorney Dolley read Title Only: ORDINANCE NO. 1170 APPROVAL OF EA -269 AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND EXTENSION OF AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING ZONING STANDARDS FOR C -M, M -1 AND M -2 ZONED PROPERTIES LOCATED EAST OF SEPULVEDA BOULEVARD. City Attorney Dolley stated this ordinance was ready for adoption this evening by a four - fifths vote. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to adopt Ordinance No. 1170. MOTION FAILED BY LACK OF FOUR - FIFTHS VOTE AS FOLLOWS - 3/2: AYES: Mayor Jacobson, Mayor ProTem Dannen, and Councilman Wise. NOES: Councilmembers Cruikshank and West. {Note: This item was brought up for reconsideration under Councilwoman Cruikshank - New Business and Reports City Councilmembers} RECESS at 10:30 p.m. RECONVENED at 10:50 p.m. ROLL CALL all Councilmembers present. Councilman West stated he understood some concerns other members of the Council may have regarding denial of extending the IZO, but he felt they could work out their differences. Mayor ProTem Dannen responded it was known that freight forwarders do not bring in large amounts of revenue to the City, and many applications for this sort of use were rushed to the Planning Department in hopes of heading off the General Plan. If they are allowed to be put into place, they will be very difficult to put into a higher and better use later on. The idea of killing the IZO this evening was so far reaching and devastating to the City of E1 Segundo, that we just do not know what will happen within the next two to three years. In fact, the aerospace decision and operating cost he is very concerned that if they do not do something quickly, within three years the City could be looking at bankruptcy, because it will be extremely difficult to bring revenue in. City Council Minutes 6 December 17, 1991 Councilman Wise stated the Council had reasons for adopting the IZO, and if they had been able to extend it then staff and the Chamber would have had the opportunity to meet and discuss those concerns raised this evening. He stated extreme concerns regarding the consequences of the denial to extend the IZO, and would like to see the Council reconsider it this evening. Mayor ProTem Dannen stated he made an agreement to speak with Mr. Simms to discuss his concerns with conditional use permits with the possibility of rewriting the legislation and bringing it back before this Council for consideration. He also concurred with Councilman Wise that he too would also like to see the Council reconsider it this evening. B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Library Renovation and Expansion Project - A) Status Report, and B) Phase II Interiors: Sandra Jacobs, President - Library Board of Trustees presented a brief report to Council stating that the Board worked extremely hard on researching all of the bids received and asked for Council's support by approving their request for appropriation of $109,158 from project savings of $137,080 in order to complete Phase II interiors. Councilman Wise questioned if the Clerk of the Works is under the construction management costs; Ms. Jacobs responded he was. He questioned whether the protection system for $8,000 was included; Ms. Jacobs responded that it was already approved several meetings ago. City Manager Cano responded that what they agreed to do was, the capital outlays that were scheduled in the Police Department to be supported by the General Fund, have now been shifted to the Asset Forfeiture Account, bringing up that money for the Book Detection System for the Library. Technically, yes it is coming out of the General Fund but coming out of the Police Department budget. Councilman Wise questioned if it was included in the $3.995 million; City Manager Cano responded no. Councilman West questioned if the savings of $137.080 could be confirmed; City Manager Cano responded when staff wrote this report they had scheduled inspections to be made but not all of the work had been completed. Staff felt comfortable that the savings amount is within $1,000 of the amount stated. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to deny request and to place funds back into the General Budget. MOTION FAILED BY THE FOLLOWING VOICE VOTE 2/3 - AYES: Mayor ProTem Dannen and Councilman Wise. NOES: Mayor Jacobson, Councilmembers Cruikshank and West. Mayor ProTem Dannen stated he has always supported this project, but seeing the ramifications of the Council this evening, it is inevitable that they may not see the impact of the decision made earlier but that they will see it. It was absolutely paramount that they reduce spending immediately, and in a very drastic way. Councilman Wise stated this ties into Consent Agenda Item No. 10 for another work station costing $18,000, and that he understood that as the money came up they could furnish the Library. Also, he found it difficult to read the worksheet, and would have appreciated having specifications included. This money was never budgeted and cannot justify approving it. City Council Minutes 7 December 17, 1991 Ms. Jacobs stated the Board looked at the cost and the durability of the items when considering the bids. Mayor Jacobson stated the money being used for furnishings was coming from the savings which was originally budgeted. MOVED by Councilman West; SECONDED by Councilwoman Cruikshank to receive and file report, and approve request for appropriation of $109,158 from project savings of $137,080 in order to complete Phase II interiors. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/2 - AYES: Mayor Jacobson, Councilmembers Cruikshank and West. NOES: Mayor ProTem Dannen and Councilman Wise. D. CONSENT AGENDA - Out Of Order Council consensus to take item out of order by request of Mayor Jacobson due to it being discussion with the above item. 10. Library Renovation and Expansion Project. Award of Phase II Interiors Bid. Councilman Wise asked if they were talking about modular partitions work stations on Page 2 No. 1B; Barbara Pearson, Library Director responded that they are independent study carrels. She also apologized that specifications and drawings were not included, and for the dialect used. She asked to continue the item in order to bring it back with specifications and drawings. Mayor Jacobson asked if this would be available by Friday, December 20ths study session; Ms. Pearson responded yes. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise for denial. MOTION FAILED BY THE FOLLOWING VOICE VOTE 2/3 - AYES: Mayor ProTem Dannen and Councilman Wise. NOES: Mayor Jacobson, Councilmembers Cruikshank and West. Council consensus of Mayor Jacobson, Councilmembers Cruikshank and West to carry item over to Friday, December 20, 1991. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Continued 2. Authorization to operate E1 Segundo Driving Range beginning February 1, 1992. City Manager Cano presented a report to Council stating that the Recreation and Parks Commission and staff were recommending Council appropriate monies of $156,000 from the Golf Course Fund, and direct staff to begin operation of the El Segundo Driving Range beginning February 1, 1992. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve request. Mayor Jacobson called a question stating he would like staff to transmit a status report three months after the beginning operation of February 1 and every six months thereafter. Councilman West asked about staffing; Rollie Wright responded that staff would not be required until September, 1992. Mayor Jacobson asked if there was someone who wished to speak on this item. Scott Kimbell addressed Council stating he was happy that the Mayor requested a report every six months, and when the Recreation & Parks Commission discussed this, it was delivered as if it were going to be treated as a trial basis while the Council was determining other things that might be happening there. He asked Council when the facility is completed - including the Golf Course and improvements to the Range - if City Council Minutes 8 December 17, 1991 at that time Council's intentions would be looking at management and all other alternatives to management of the range, so that they cover all the basis for decisions for the best financial services for the City. City Manager Cano stated as of this date, Council had not decided on the management of the range. He stated that the recommendation included 1) the amount of $156,000 will only take them through this fiscal year, 2) the City will be utilizing part -time non - benefit employees, 3) besides allocating monies from the Golf Course Fund, they will proceed with taking over the functions of it, and 4) staff will proceed with termination of the lease agreement, and take over the concessions of the pro -shop presently located there. Mayor Jacobson stated he did not notice anything in the report for those type of expenses; Mr. Wright responded this store "Alondra Golf" has a month to month lease, and the City has the ability under the lease to take over as of February 1 if they choose, and that this will be discussed at a later date. He stated that the money is in the driving range and in rental of the holes, which was presently what staff plans on doing. Mayor ProTem Dannen asked if they were willing to entertain someone coming in and running the pro -shop and providing classes; Mr. Wright responded that they were, and the project is very immense. There is future interest in pro -shop sales and lessons, and that the Recreation and Parks Commission was interested in advertising for Requests For Proposals (RFP) for pro -shop sales and lessons. Mayor Jacobson stated he felt the pro -shop should remain open for sales and lessons, and that the City should completely take over. Scott Kimbell asked Council when the fiscal year ended; Mayor Jacobson responded June 30 - July 1, 1992. Mayor Jacobson stated there was a motion on the floor and called the question. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. D. CONSENT 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 37427 -37690 on Demand Register Summary Number 11 in total amount of $879.233.97. Approved Warrant Demand Register and authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments. 2. City Council meeting minutes of December 3. 1991. Continued to City Council meeting of January 7, 1991. 3. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 4. Adoption of Resolution in support of West Basin Municipal Water District (WBMWD) Water Recycling Project. Adopted Resolution No. 3737. 5. Construction of Park Vista Parking Lot - Project No. 88 -10. Accepted the work as complete; granted a time extension of twenty -three (23) calendar days; authorized City Engineer to file Notice of Completion, and directed that the 10% retention required by the contract be retained pursuant to law a minimum of thirty -five (35) days after recording of Notice of Completion. City Council Minutes 9 December 17, 1991 6. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 7. PULLED FOR DISCUSSION BY CITY MANAGER CANO. 8. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 9. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 10. PULLED OUT OF ORDER EARLIER BY MAYOR PROTEM DANNEN. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to enact all consent agenda items except for Item Nos. 3,6,7,8,9, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA: 3. Request to accept donation of $4,417.89 from the Marcellus L. Joslyn Foundation to be used for Joslyn Center upgrading, improvements and equipment needs. Mayor ProTem Dannen thanked staff for going after this donation. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to accept donation of $4,417.89. MOTION PASSED BY UNANIMOUS VOICE VOTE. 6. Replacement of irrigation systems for Recreation Park and Hilltop Park - Project No. PW 91 -7. Mayor ProTem Dannen stated he was recommending denial. Fred Suruti, Liquid Flow Engineering addressed Council stating that after bidding on this item, the City contacted him informing him their bid was the lowest of the bids received. After which, he noticed a clerical error on the addition of their bid, and then submitted a letter with a copy of their estimation sheet which showed the addition errors. This letter was a request to withdraw their bid based on this error. He received a reply of denial from the City, but did not understand why. His company is very small and the mistake on the bid would cause a financial burden on them. MOVED by Mayor ProTem Dannen to deny request. Motion died due to lack of second. MOVED by Councilman Wise; SECONDED by Councilwoman Cruikshank to approve request. AYES: Councilmembers Cruikshank, West, and Wise. NOES: Mayor ProTem Dannen. Mayor Jacobson called a question stating that this item was a legal issue. City Attorney Dolley stated that this item should be discussed in Closed Session; Council concurred. COUNCIL CONTINUED DISCUSSION DURING CLOSED SESSION. 7. Update on reroofing of City Hall - East Wing and Recreation Building. Ken Putnam presented a report to Council stating that they previously requested staff to research how old the roof was and who the contractors were. He stated that the roof was put on in 1983, and that the actual problems come from air conditioning work done in 1989. Staff found that the warranty was only for one year, and both contractors felt that they did not do anything wrong. Both warranties are now expired, and staff recommends that the Council rescind that portion of reroofing contract work awarded to Best Roofing, Inc. for the Recreation Clubhouse Building in the amount of $15,800; authorize staff to proceed with repair of Recreation Clubhouse Building roofing by awarding contract in the amount of $900 to Ramey Roofing, and authorize staff to proceed with the repair of the Recreation Clubhouse Building air condition ducting by awarding a contract in the amount of $700 to Meadows Sheet Metal. City Council Minutes 10 December 17, 1991 Mayor Jacobson asked who the contractors were; Mr. Putnam stated the roof contractor was Donald F. Dickerson & Associates, and Air Masters Air Conditioning. MOVED by Councilman West; SECONDED by Councilman Wise to receive and file report; rescind that portion of reroofing contract work awarded to Best Roofing, Inc. for the Recreation Clubhouse Building in the amount of $15,800; authorized the Department of Public Works to proceed with repair of Recreation Clubhouse Building roofing by awarding contract in the amount of $900 to Ramey Roofing, and authorized the Department of Public Works to proceed with the repair of the recreation Clubhouse Building air condition ducting by awarding a contract in the amount of $700 to Meadows Sheet Metal. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 8. It is proposed that the City enter into an agreement with Schema Systems, Inc. to develop and implement a Master Plan for the proposed Police Department computer system. The cost associated with this phase is $21,800, and will be funded by Asset Forfeiture Money. MOVED by Mayor ProTem Dannen to deny request. Motion died due to lack of second. a E. 1. 2. MOVED by Councilman Wise; SECONDED by Councilman West to approve Schema Systems, Inc. as developer of Police Department computer system. Councilman Wise asked for clarification that this money will be coming out of asset forfeiture not the General Funds; Mayor Jacobson stated it was. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Councilmembers Cruikshank, Wise, and West. NOES: Mayor ProTem Dannen. Request City Council approve lowest qualified bid for Library Security System. Councilman West questioned if this system had alarm strips in the books; Ms. Pearson responded yes. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve Knogo's bid for Library Security System, and reject all other bids. MOTION PASSED BY UNANIMOUS VOICE VOTE - 5/0 NEW BUSINESS - CITY MANAGER Report on financing the construction of the golf course. City Manager Cano presented a report to Council stating this was a request for staff to proceed with submitting an application for the structuring through Independent Cities Lease Financing Authority. MOVED by Councilman Wise; SECONDED by Councilman West to proceed with completing and submitting an application for the structuring through Independent Cities Lease Financing Authority in the amount of $3.5 million. MOTION PASSED BY UNANIMOUS VOICE VOTE - 5/0. Resolution modifying certain Fire Service Fees, specifically Annual Fire Inspections for Category I Occupancies and Fire Protection Equipment Testing. Councilman Wise stated on Case No. I: The Initial Inspection for $57.50 - should the correction be made - then on the Reinspection there would be No Charge but should they not be made then there would be a charge of $219.50. Mayor Jacobson stated he felt on Case No. I: There should be No Charge for Initial Inspection, and charges for Reinspections on corrections. This would be an incentive for the businesses to comply all year long. City Council Minutes 11 December 17, 1991 MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to adopt Resolution No. 3738 with changes to: I $57.50/ $219.50/$219.50 and II $329.00/ $1,044.00/$1044.00. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 4/1: AYES: Mayor ProTem Dannen and Councilmembers Cruikshank, West, and Wise. NOES: Mayor Jacobson. 3. American Disabilities Act - 1990: A) Overview and Information Report on the Americans with Disabilities Act of 1990 (ADA), which discusses various components of the Act, and B) Resolution to participate in the L.A. County coordinated paratransit network. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise receive and file report on the Americans with Disabilities Act of 1990 (ADA), and to adopt Resolution No. 3739 authorizing participation in the L.A. County's coordinated paratransit network. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. F. NEW BIISINESS - CITY ATTORNEY - NONE G. NEW BIISINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West 1. Formulation of an informational package for interested City Council candidates outlining the requirements of the election process. Councilman West requested this item be held over to January 7. 2. Councilman West stated he wants to do what is best for the City, and was anxious in solving the City's problems and in favor of having a more extensive discussion regarding the IZO. He stated he did not take to threats. Councilwoman Cruikshank stated she did not take to threats, but could see a serious problem arising after listening to the discussion this evening. Therefore, she asked that this item be brought back for reconsideration. Mayor ProTem Dannen stated he did not intend for his comments to be threats, but he was deeply concerned with the outcome from not extending the IZO. Councilwoman Cruikshank 1. Reconsideration of EA -269, a Negative Declaration of Environmental Impact, and extension of the Interim Zoning Ordinance No. 1167. MOVED by Councilwoman Cruikshank; SECONDED by Councilman Wise to reconsider extension of Interim Zoning Ordinance. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmembers Cruikshank and Wise. NOES: Councilman West. Councilman West stated concerns with turning down businesses willing to spend $2 Million in business license tax, and is willing to discuss concerns but did not agree with extending the IZO at this time. MOVED by Councilman Wise; SECONDED by Councilwoman Cruikshank to adopt Ordinance No. 1170 approving EA -269, a Negative Declaration of Environmental Impact, and an extension of the IZO No. 1167. Continued public hearing to January 7. MOTION PASSED BY FOUR - FIFTHS BY THE FOLLOWING VOICE VOTE - 4/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmembers Cruikshank and Wise. NOES: Councilman West. City Council Minutes 12 December 17, 1991 2. Announcement that the Christmas dinner at Joslyn Center was going fine, and there was a list of volunteers at the Joslyn Center. You can call and add you name to thie list. Anyone wishing to come are welcome to do so. Councilman Wise 1. City Municipal Code and State mandated rules and requirements for the establishment of non - profit organizations in general, and in particular the community oriented non - profit organizations such as the El Segundo Residents Association (ESRA). 2. City Municipal Code and State mandated rules, public disclosure and reporting requirements for Political Action Committees and involvement of ESRA in most recent municipal election. Councilman Wise stated he wished to combine both his items and read the following: "Generally non - profit organizations may not participate in elections under State Law ". Mayor ProTem Dannen 1. E1 Segundo Unified School District (ESUSD) property located at 616 West Imperial - issues pertaining to the City's purchase and development of this property as a parking lot. Mayor ProTem Dannen stated this piece of property is presently not being used, and he was interested in development possibilities for a parking lot, and asked Council's consensus for staff to research. Councilman West stated there were two types of appraisals and recommended the City Manager do a drive by appraisal of the property and the Imperial Strip. Then return to Council with a report for consideration and possible action. Councilwoman Cruikshank questioned why the ESUSD couldn't build a parking lot at that location (referring to the Golf Course). Mayor ProTem Dannen responded he was concerned with both the City's and School District's financial situation, and would like to look into what could be done with this property to help both. Mayor Jacobson left dais at 12:30 a.m. and returned at 12:35 a.m. Mayor ProTem Dannen asked Council what they felt about trading that piece of property for interest in the Golf Course - perhaps a 25% to 30% interest, then the City can possibly take that piece of property and make it into a Senior Housing project. Council consensus for staff to research development possibilities on the property located at 616 W. Imperial and the Imperial Strip. - Mayor Jacobson 1. Discussion of helistops. Mayor Jacobson asked staff to look into changing the code for the unused helistops within the City. Council consensus for staff to research changing the code for unused helistops within the City. City Council Minutes 13 December 17, 1991 2. Request for variances from the Municipal Code. Mayor Jacobson stated a Mr. S. Claus has requested a waiver of the permits required for doing business within the City of E1 Segundo as follows: 1) Approval of an Unclassified Use Permit and waiver of regulations in ESMC Section 20.46.050, 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted), 3) Waiving of the ordinance on Animal Regulations (ESMC 8.02.010), 4) Waiving the Trespass Ordinance (ESMC 9.28. 010) including ESMC 8.04. 110 dealing with trespassing animals, 5) Granting a free business license for a non - profit organization, 6) Waiving the Pooper - Scooper regulation, 7) Waiving of the Noise Ordinance to permit the sound of bells (ESMC 9.06.010), and 8) Waiver of ESMC 16.04.00 (Driveway Permits Required) and 10.28.110 (Parking on Grades). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean, D.M.V. for a valid registration, Department of Health & Welfare to ensure his elves are receiving minimum wage, and the Air Quality Management District to ensure a safe and clear sleigh ride. Should Mr. Claus be required to obtain all of the necessary permits, he would not be able to start his business until June 8, 1992. Since Mr. Claus has shown good -faith during previous business endeavors and his business would be welcomed by the Community as a whole, he recommended Council waive the fees and permits required. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve request as submitted. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. The City Council wished everyone a Safe and Merry Christmas! PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) Scott Kimble addressed Council regarding Golf financing. Mayor ProTem Dannen left dais at 12:40 am returned at 12:45 am. MEMORIALS CLOSED SESSION The City Council moved into a closed session at 12:50 a.m. 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 on the following: g54956.9(b) - (City might have significant exposure to litigation) One matter. CLOSED SESSION VOTES: City Council returned from Closed Session and voted to take staff recommendation on Recreation & Parks sprinkler contract. ADJOURNMENT to December 20 at 6:00 P.M. Lora. Freeman Deputy City Clerk City Council Minutee 14 December 17, 1991