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1991 NOV 05 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NOVEMBER 5, 1991 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Councilman Wise. PRESENTATIONS 1. Fire Chief Sloan introduced new Fire Fighters Shawn Bomfield, Robert Gomez, Rick Towne, Don Tryan, James Mitchell Tulette. Barbara Pearson, Library Director introduced new Library Clerk II Patricia Klaig, and Debra Brighton promoted to Senior Librarian. Ken Putnam, Director of Public Works introduced Robert Solan as new employee in Maintenance. ROLL CALL Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Four individuals addressed the City Council. Jerry Saunders, Continental Development addressed Council regarding nterim Zoning Ordinance. Bill Mason, President of the Chamber of Commerce addressed Council regarding Interim Zoning Ordinance and Business License Tax issues. Gary Schultz, 227 E. Oak addressed Council regarding a news release on City letterhead he found in his mail box this weekend, and asked Council if they approved of this. Councilman Wise stated he didn't approve, and would bring the subject up later during the meeting. Mayor Jacobson stated he didn't feel it was done at City expense, and that he had not received one but Mayor ProTem Dannen informed him that there was something on the back of the news release. Mayor ProTem Dannen stated he didn't partake in this flyer nor did he approve of it, and he doesn't approve of City letterhead being used in political flyers. Councilman West stated concerns, and asked that Council allow this issue to be heard as an urgency item after the polls close in thirty minutes. 1. Request of Chamber of Commerce to stage 28th Annual Holiday Parade, co- sponsored by the Chamber and DESI, December 8, 1991 from 2:00 to 4:00 p.m. Dominque Sorenson addressed Council requesting their support and approval. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Discussion of letter dated October 7, 1991 regarding the unacceptable condition of buildings at 133 Virginia Street. City Manager Cano informed Council Roy Lundgren asked him to convey his feelings regarding the situation, and that the signed petition is a complaint regarding 133 Virginia Street City Council Minutes 1 November 5, 1991 which is presently abandoned, boarded up, and has up until recently had graffiti on it. The City has removed the graffiti, and Mr. Lundgren wished to express his appreciation. Code Enforcement Officer Frank McPherson informed Council staff had sent letters to the petitioners, and send a notification to the property owner that the property needed immediate attention with a date to which they must comply by - which is within the next two weeks. Should the owner fail to comply, the next step is the abatement process. A. SPECIAL ORDER OF BUSINESS 1. Appeal of the Planning Commission's denial of EA -252 and Variance 91 -3 to allow two rooftop patios with waivers of maximum permitted floor area and maximum permitted structural height at 222 N. Sepulveda Boulevard. Mayor Jacobson stated this item was not properly advertised and the hearing is being rescheduled for November 19. H. NEW BIISINESS AND REPORTS - CITY COUNCILMEMBERS - Out of Order Mayor ProTem Dannen asked to take this item out of order. Councilman Wise: 1. General Plan Advisory Committee. Councilman Wise stated two meetings ago he brought up a problem he had with Willard Krick of the General Plan Advisory Committee (GPAC) on a vote on his property. Mr. Krick came to the Council stating he had abstained on this vote, and that he subsequently called and informed Mr. Krick that he had not abstained. Councilmember Wise then read the from an inter - departmental correspondence. This is the meeting of September 18, 1991 - Motion made and seconded to down size Mariposa Avenue west of Sepulveda Boulevard by redesignating it to a two -lane collector from a current four -lane collector. Motion approved 9 -0. He continued to read the Sub -Note as follows: The video tape does pick up Mayor ProTem Dannen's voice right after the vote indicating that there was an abstention. However, during the original voice vote staff had not detected it as an abstention. During a break that night he had asked Mayor ProTem Dannen for clarification of his comment, and Mayor ProTem Dannen indicated the comment was only meant to prompt Willard Krick to change his affirmative vote to an abstention. The minutes were therefore recorded, the actual vote was a 9 -0 in favor of this motion. A couple of weeks ago another member of GPAC, Nicky Wislocky, stated she also did not vote in conflict of interest. A letter was then received from Mr. McMullen stating that it looked as though her property was within 300 feet of the school, and her rental was indeed 300 feet of the school (i.e. Raider's Camp). Therefore, he measured the distance himself and found that her property on Center Street is within 300 feet of the property she voted to down zone on the 300 block of Center Street also. He then asked Council to again consider doing something about this situation. Mayor ProTem Dannen stated that the General Plan is a very important document. Should any of the members disagree with portions of the Plan, then they can go to the public with it, but to make wild allegations is inappropriate. He stated he wanted the Council to immediately dissolve the GPAC effective right now, and call a five minute recess for staff to prepare a posting for tomorrow night where the Council will sit in City Council Minutes 2 November 5, 1991 session instead of the GPAC, and take comments directly from the community. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to immediately dissolve the GPAC effective immediately; call a five minute recess and direct staff to prepare and post an agenda for tomorrow night's meeting, and have Council sit in session instead of the GPAC. Mayor Jacobson stated this was a shock because the City has had a Community group - not always being cohesive but at least going through and learning about this - and now we are speaking about circumventing the whole process and jumping it right to the Council level. We have a Planning Commission - which by State Law - has to go through it before the Council can. Mayor ProTem Dannen responded that the motion does not include the entire process, and that it simply says the Council will sit in place of the GPAC for the two meetings that they have left. One for citizen input and the other for a wrap -up on the Environmental Impact Report, and those are basically the only GPAC meetings left. It was his understanding from speaking with other folks knowledgeable in this process - that it will have no effect on the process. The Planning Commission will still have the legal process of reviewing the General Plan with the residents of E1 Segundo, and so will the Council. Mayor Jacobson stated this is true, but the Planning Commission and residents will be reviewing what the Council has given them, and this places them under a little different onus than the Committee recommending something to them. Mayor ProTem Dannen called the question. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor ProTem Dannen, Councilmembers Wise and West. NOES: Mayor Jacobson. 3/1 RECESS at 7:45 p.m. RECONVENED at 7:55 p.m. ROLL CALL All Councilmembers present. A. SPECIAL ORDER OF BUSINESS - Continued - Item 3 Out of Order: 3. Metro Green Line - North Coast Branch Line Interagency Task Force Transportation Study. Ken Putnam, Director of Public Works, introduced representatives Brynn Kernaghan from the Los Angeles Transportation Commission, and John Stutzman. Packets were distributed to the Council containing information about the Rail Transit System Alternatives, which was followed by a slide /oral presentation given by Ms. Kernaghan from LACTC. Mayor ProTem Dannen asked if there was an estimate of what the potential costs are for this re- routing, and stated concerns regarding noise impacts on El Segundo from the expansion of LAX. Ms. Kernaghan stated they would take this concern back, but cannot give the Council any specific response - only in that LACTC has foreseen the need to bring a regional service through this area anyway, and that was on the Proposition A map which was endorsed back in 1980. This service will not only service LAX but also further north through Westchester. Mayor Jacobson asked Ms. Kernaghan to take this message of the Council back because the City is very concerned about the noise issue. City Council Minutes 3 November 5, 1991 H. 1. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS - Out of Order: Councilmember West asked to discuss a proposed action arising after the posting of the agenda. MOVED by Councilmember West; SECONDED by Councilmember Wise to hear a proposed action arising after the posting of the agenda.Mayor ProTem Dannen called for discussion before voting and Mayor Jacobson asked City Attorney Dolley for clarifi- cation on whether Council could discuss this issue before voting on whether to hear it. City Attorney Dolley responded for the purposes of deciding as to whether or not it is a matter which arose after the posting of the agenda, they could have some discussion on the matter - prior to taking their vote - which would then take the vote of the entire Council. Mayor Jacobson stated they were presently rescinding the vote, and asked Mayor ProTem Dannen to continue. Mayor ProTem Dannen stated he could not argue that this issue did not arise until after the posting of the agenda, and stated he would vote in the affirmative. Mayor Jacobson called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmembers Wise and West. NOES: None 4/0. Councilmember West: Discussion of a proposed action arising after the posting of the agenda - News Release by City Clerk Hart. Councilmember West stated concerns regarding a news release on city letterhead written by City Clerk Hart which was wrapped up in candidate's literature, and stated he wished to address the following: 1) Should Council define the duties of the City Clerk; although realizing some of the duties are State mandated; 2) Concerned that the public may think this is true because it is from the City Clerk who is the Election Officer and it was on City letterhead, and 3) Asked if the City Clerk - under the circumstances in the news release - have the authority to terminate someone's candidacy. Mayor ProTem Dannen stated after researching the issue, he discovered the news release was prepared by City Clerk Hart; it was transmitted to the E1 Segundo Herald and other newspapers, and the newspapers did receive it. Further stating, this flyer had a second side which was a copy of the signed page of a candidate's nomination paper, and on the bottom was the standard disclaimer stating the name of the Committee who published it. Although he was not saying he approved of this the outcome after his research. It legally appears that there were no crimes committed, and that City Clerk Hart did prepare a news release which was picked up by another party and was then used as part of campaign literature. As far as limiting Mr. Hart's duties, that is something the Council could address. In order to make sure no one could cast dispersions that anyone would run these copies at City Hall, he asked staff to review the City Clerk's Offices legal accounts, and approximately how much xeroxing was done between 8:00 a.m. Thursday through 8:00 a.m. Monday under their account codes. City Council Minutes 4 November 5, 1991 Councilmember West questioned a quote on the news release: "If the police report were a public record, I would be obligated to terminate...", this shows evidence that City Clerk Hart was familiar with the personnel disclosure which Council determined was a confidential disclosure. Mayor Jacobson responded this was written after a candidate came up in front of the public stating that he had possession of confidential personnel records, and that these papers were out in the public - illegally, wrongly - but they were out in the public. Furthermore, City Clerk Hart did not write this until after this became public knowledge in that meeting. Councilmember Wise stated he also received copies of this news release and felt it needed to be investigated, and requested the following items be placed under his name on the next agenda: 1) Who is the Citizen's Political Action Committee; 2) What exactly is the City allowed to use the City Clerk's Office for; 3) Can they reduce the City Clerk's tasks - along with possibly reducing his salary to meet his reduced tasks; 4) Concurring with Mayor ProTem Dannen, he asked how many copies were made on all accounts of the City Clerk's Office, and for staff to research the possibility of a gift of public funds if there was use of City equipment or time, and 5) Research through City staff the timing of what happened between Thursday and Monday. Mayor ProTem Dannen stated on October 15 a candidate addressed the City Council informing them he had possession of confidential documents, and accused the City of a cover up. At that time, he promised this individual he would not allow a cover up, and since has filed with the District Attorney - Special Investigator - SID Division - Downtown Los Angeles, requesting a complete investigation and criminal charges, and the entire matter to include an investigation of the leak of those confidential documents. If someone did obtain those documents illegally, he has asked for full criminal charges against them also. This was done in an effort to get the City of El Segundo as an entity, out of the loop. H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS - Out of Order: Councilmember West requested to take this item out of order. Mayor ProTem Dannen: 1. Concern for security and access to City Hall. Mayor ProTem Dannen stated he wished to make a motion for Council to approve a new Master Security System for City Hall with the following new security and access procedures: 1) Locks be changed within City Hall; 2) Reissue keys by numbers, name, and a security roster be maintained; 3) Keys not be available for duplication; 4) Issue Master Keys to City Council, City Manager, City Attorney, Department Heads, and the Emergency Team (except some of the Police Records Rooms). Councilmember Wise asked that they also add security video cameras to be placed in City Hall corridors and accesses to City offices, and to be activated after working hours; Mayor ProTem Dannen amended his motion. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve a Master Security System for City Hall with the following new security and access procedures: 1) Locks be changed within City Hall; 2) Reissue keys by numbers, name, and a security roster be maintained; 3) Keys not be available for duplication; 4) Issue Master Keys to City Council, City City Council Minutes 5 November 5, 1991 Manager, City Attorney, Department Heads, and the Emergency Team (except some of the Police Records Rooms), and 5) Security cameras be placed in City Hall corridors and accesses to City offices, and to be activated after working hours. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. RECESS at 8:45 pm. RECONVENED at 8:57 pm. ROLL CALL All Councilmembers Present. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Out of Order Mayor Jacobson stated there was a request to take this item out of order; Council concurred. 3. The City /Chamber Subcommittee on Economic Development recommends that the City Council contract with the firm of Ogilvy & Mather Public Relations to develop a business retention and attraction program, direct the City Attorney to review the contract, and authorize the Mayor to execute the contract. Mary Steiner, Administrative Assistant to the City Manager, presented an overview of the Subcommittee's objective as obtaining the present business base of E1 Segundo, and to begin an Attraction Program of a business base to the City. The Subcommittee believes in order to make this a successful program, it means they will need to maintain the small -town culture and atmosphere with the intention to stabilize the City's economic base, and continue to preserve the level of City services to the Community. The Subcommittee concluded upon a thorough review that it would recommend the firm of Ogilvy & Mather Public Relations to develop a Business Retention and Attraction Program, direct the City Attorney to review the contract, and authorize the Mayor to execute the contract. Karen Ackland, Chamber Representative - Subcommittee, introduced Dennis Hunt, Executive Vice - President and General Manager of Ogilvy & Mater Public Relations, and Seth Jacobson, Vice - President - Public Affairs. Mr. Hunt presented a summary of their firm's intentions stating that they see the task ahead as a combination of Marketing Communication and Public Affairs effort - with a dual focus of business expansion and retention as a primary focus. He stated that they are looking forward to working closely with the City Council, members of the community, businesses, staff, and the subcommittee. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve the contract with the firm of Ogilvy & Mather Public Relations to develop a business retention and attraction program, directed City Attorney to review the contract, and authorized the Mayor to execute the contract. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Library Renovation and Expansion Project interiors budget for Phase II - Request for project savings and additional appropriation of $270,000 for purchase of Phase II furniture, fixtures, and equipment. Sandra Jacobs, President - Library Board of Trustees, presented a report stating the Library Board was requesting approval of any project savings in the Library Project budget be expended on furniture, fixtures, and equipment for Phase II; appropriate an additional $270,000 needed to purchase all necessary furnishings. City Council Minutes November 5, 1991 Mayor ProTem Dannen asked Ms. Jacobs how much the Friends of the Library had been able to make; she responded $68,000. Councilmember Wise stated he was not prepared to approve this request without knowing how much it would cost, and asked if the bid package was ready; Ms. Jacobs responded that they were prepared to ask for the bid package tonight. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to roll over $67,527 from Phase 1 to Phase 2 for furnishings, and match exact monies raised by the Friends of the Library from the capital improvement fund to be spent on furnishings for the Library. Mayor Jacobson asked for discussion. Councilmember Wise stated concerns of how the bid package was going to be written up; Ms. Jacobs stated the bid package was prepared and on the agenda for Council's review and action this evening. Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. E. NEW BUSINESS - CITY MANAGER - Out of Order: Mayor Jacobson stated this item was being taken out of order. 3. Library Renovation and Expansion Project - Phase II Interior Bid Package. City Manager Cano presented a report to Council stating staff was recommending approval of the plans and specifications, and for authorization for staff to solicit competitive bids on Phase 2 of the Library Project. He informed Council staff did not know the exact cost. Mayor Jacobson asked when the bids would be due; Gwen Eng, Purchasing Agent, stated staff was waiting for approval prior to setting a due date, but they could schedule the bids to be due within two weeks. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve staff recommendations, and to agendize this for November 19. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS - Out of Order: Mayor ProTem Dannen requested this item be taken out of order. Mayor ProTem Dannen: 2. Status of Library Board of Trustees. Mayor ProTem Dannen stated the Library Board of Trustees has had a vacancy for awhile now, and he would like to recommend the Council appoint Walter Lee to the Library Board of Trustees. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to appoint Walter Lee to the Library Board of Trustees. PULLED ITEMS FROM CONSENT AGENDA - Out of Order: Councilmember Wise requested this item be taken out of order. 8. City Public Library Expansion and Remodeling Project - Construction Contract Change Order Numbers 11 through 16. Ken Putnam, Director of Public Works, informed Council that the new addition to the Library is now open to the public, and City Council Minutes 7 November 5, 1991 the contractor is in the process of remodeling the old building which should be completed by the end of November. He stated that six changes and modifications were needed, and the Library Board reviewed and supported the approval of Change Order Numbers 9 through 16. Staff recommends denial of proposed Change Order Number 9 due to the contractor not following the cover page statement instructions, and denial of Change Order Number 10 due to review of the Fire Alarm System by the Fire Department. Discussion ensued regarding denial of Change Order No. 10 - additional zoning for Fire Alarm Panel required by the Fire Department. MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to approve Change Order Number 10. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilmember Wise. NOES: Councilmember West. Discussion ensued regarding Change Order No. 13 - new service entrance /ramp at Richmond Street. Councilmember Wise stated this was a primary delivery entrance with a ramp. He asked if the code requires a handicap access on this type of entrance, and if they were required to have a ramp or could they have a dock instead; Mr. Putnam responded that the code does require handicap access on this type of entrance, but the dock could be looked at as an alternative. Councilmember Wise stated he would like staff to look into alternatives. City Manager Cano stated they would like to change the main delivery access to Richmond Street, and to also provide an alternative for exit /ingress for handicap. Mayor ProTem Dannen questioned why another handicap access was required when the Library already has one approved on Mariposa Avenue; Mr. Nardini responded stating that the handicap code requires it. Councilmember Wise questioned if they could leave one handicap and use the existing double -doors for a service entrance; Mr. Nardini responded stating that there may be problems with the handicap codes. MOVED by Councilmember Wise; SECONDED by Councilmember West to deny Change Order Number 13. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1: AYES: Mayor ProTem Dannen, Councilmembers Wise and West. NOES: Mayor Jacobson. MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to approve remainder of Change Order Numbers 11,12,14,15 and 16, and denial of Change Order Number 9 per recommendation. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Councilmember Wise left dais at 9:58 pm and returned at 10:00 pm. A. SPECIAL ORDER OF BUSINESS - Continued 2. Consideration and possible action for adoption of an Interim Zoning Ordinance for properties generally located East of Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue, pursuant to Government Code Section 65858. Kendra Morries, Director of Planning, presented a report stating on August 27 the Council reviewed and discussed a draft interim ordinance, and continued the item to give the Chamber of Commerce and Sub - Committee time to review it. The City Council Minutes 8 November 5, 1991 draft interim ordinance has been revised to incorporate their suggestions and concerns as outline on the staff report. She stated she was requesting that one additional change be made to the draft zoning ordinance. In the draft it recommends that the Planning Director's decision be filed with the City Clerk because the goal is for there to be public disclosure of these decisions so that they are not made in a vacuum, but she was recommending that it be changed from filing with the City Clerk to placing it on a receive /file status for the next Planning Commission and City Council agenda to give both bodies the opportunity to review and make changes should they decide to. Bill Mason, President - Chamber of Commerce, informed Council they had a response from Jerry Saunders of Continental Development, but had not had any other responses from the businesses yet. Jerry Saunders - Continental Development addressed Council stating that this interim zoning ordinance represents the good thoughts of everyone working together, and complimented staff and the City Attorney. He referred to the draft interim zoning ordinance on Section 4 - Item Numbers 2, 6A, 6B, and 8. Discussion ensued regarding Mr. Saunder's concerns with Council's consensus to amend the interim zoning ordinance as follows: Section 4 -Item 12 - Page 3 /No. 2 amended to read receive /file on the Planning Commission and City Council agendas rather than a written determination to the City Clerk. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to read Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Attorney Dolley read Title Only: ORDINANCE NO. 1167 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING ZONING STANDARDS FOR C -3, CM, M -1 and M -2 ZONED PROPERTIES LOCATED EAST OF SEPULVEDA BOULEVARD, DECLARING THE URGENCY THEREOF; AND SETTING A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN EXTENSION OF THIS ORDINANCE. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to amend interim zoning ordinance as discussed. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to adopt Ordinance No. 1167 as amended. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 4. Public Hearing - Adoption of Voluntary Toilet Retrofit Program ordinance. Mayor Jacobson asked Deputy City Clerk Freeman if proper noticing had been done, and if any written communications had been received; Deputy City Clerk Freeman responded it had been properly noticed by the Public Works Department, and that no written communications had been received by the City Clerk's Office. Mayor Jacobson open the public hearing for comments. City Manager Cano presented a report to Council stating staff City Council Minutes 9 November 5, 1991 met with the City of Manhattan Beach and discussed their retrofit program, and the possibility of saving any processing/ inspection costs of the West Basin Municipal Water District ( WBMWD) by the City carrying out those functions. Staff has submitted a recommended program which is partially parallel with the City of Manhattan Beach, and it appears to be the least expensive process and most efficient program to follow. Mayor Jacobson stated he had concerns regarding this project, and that he felt this City should be the one administering it, controlling it, and operating it for the people, and not having to deal with an outside consultant. He recommended they continue the item to November 19. Mayor ProTem Dannen stated he realizes that it is paramount that they start conserving water, and understands that the City must be a part of the solution. After researching the issue, the WBMWD is preparing to put in a water reclamation plant which is going into the City of E1 Segundo. The City will incur some costs in processing the paperwork - like the 60" pipe going into Grand Avenue and other miscellaneous problems. This plant will provide more water to the City and the entire region. Should the City go along with this program, it will be doing more than just our share, we will be a major part of the solution in the entire region. He recommended they support WBMWD on the Water Reclamation Plant, and to vote on the issue this evening, and to hear urgent items on the land east of Sepulveda Boulevard. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to hear the following items arising after the posting of the agenda 1) Water Reclamation Plant and 2) Golf Course. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Discussion ensued regarding the land east of Sepulveda Boulevard for the Water Reclamation Plant, and on the Golf Course Facility. MOVED by Mayor Pro Tem Dannen; SECONDED by Councilmember Wise to send a letter to the WBMWD outlining very clearly that the City supports their construction of the Water Reclamation Plant at their earliest possible convenience at a location either east or west of Sepulveda Boulevard, but certainly support their moving in east of Sepulveda Boulevard, and directed staff to proceed with the design of the Golf Course. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to continue the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. RECESS at 10:55 pm. RECONVENED at 11:05 pm. ROLL CALL All Councilmembers present. C. REPORTS OF COMMITTEES, BOARDS, AND COMMISSIONS - Continued: 1. Status of plans for City's 78th Diamond Jubilee Celebration. Julia Abreu, Council Liaison, presented the Diamond Jubilee Planning Committee's report asking for their support to go forward and seek the participation of the business community in the City's celebration by offering them a sponsorship packet, and to appropriate $43,000 to cover the estimated cost of banners and kick -off of the event. City Council Minutes 10 November 5, 1991 Councilmember Wise asked who was covering the food, and did the City need to purchase insurance, permits, etc. for this event. Ms. Abreu stated that the food would be covered by the Service Clubs. Mayor Jacobson stated the City has all the permits, but there may be additional health permits required. Mayor ProTem Dannen stated after reviewing the report it appeared that staff would need 15% more, and recommended $50,000, and that Council would buy the first banner and be first to choose where it would be placed. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to allocate $50,000 funding for the banners and kick -off of the event, and the City Council would purchase the first banner - and would have first choice of where it would be placed. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. B. UNFINISHED BUSINESS - Out of Order: Mayor Jacobson stated these items would be taken out of order: 1. Public Hearing - An ordinance amending E1 Segundo Municipal Code sections regarding municipal revenue sources, raising Business License Flat Taxes, and effecting procedure changes. City Manager Cano informed Council staff met with the Chamber's Sub - committee twice, one of which the Council Sub- committee was present. Discussions included Sections 5.04.100 -Page 2, 5.04.110 -Page 3, 5.04.220 -Page 4, 5.08.025 - Page 5, plus the Chamber's request for the fiscal impact on the smaller businesses. Staff was recommending Council continue the public hearing to December 3 due to some major suggestions made during their meetings. Steve Klotzsche, Director of Finance, presented a report on the amendments and deletions made to the ordinance. He stated each year Council wanted to index the base fee by the amount year -to -year, not the base year which is 1989. Mayor Jacobson suggested that the City change all to a consistent rate for this year, and index it from this year forward; Mr. Klotzsche stated they could do this, and in January, 1993 they could use a rate which would be indexed year -to -year. Council consensus for staff to change all to a consistent rate for this year, and index it from this year forward. Bill Mason, President - Chamber of Commerce, addressed Council distributing copies of a letter from the Chamber sub - committee outlining those elements of the ordinance over which they had some concerns and that were presented to City staff. Discussion ensued on the items listed on the letter. Council's consensus to amend the following: 1) Amend to read 1115" instead of 115" days for a taxpayer to make available notice to the City, or submit a request for an extension; 2) 30 calendar days for a business to file a business registration application; 3) reduce tax penalty from $200 per day to $100 per day for 6 or more employees, and $50 per day for 5 or less employees; 4) Section II - Pay license amount based on appeal. Should they be found guilty, the penalty and interest is due from the day the original payment was due; 5) A 100% cap, and 6) Staff and City Attorney to double check the language regarding sub - contractors, under the philosophy City Council Minutes 11 November 5, 1991 that the business owner is responsible for any sub - businesses if they do not have a valid City business license. Council consensus to continue public hearing to November 6. RECESS at 12:15 am RECONVENED at 12:25 am ROLL CALL All Councilmembers present. 2. Proposed Annual City Auction list of unclaimed and surplus items. MOVED by Councilmember West; SECONDED by Mayor ProTem Dannen to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Continued: 4. Interview of candidates for City Capital Improvement Program Advisory Committee. Council consensus to set interview date for November 25. 5. Adopt E1 Segundo Community Cable Committee's Statement of Purpose, and the E1 Segundo Community Cable Rules and Regulations. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 6. Nomination of Urho Saari to the Wall of Honor. MOVED by Councilmember West; SECONDED by Mayor ProTem Dannen to approve nomination of Urho Saari to the Wall of Honor. MOTION CARRIED BY UNANIMOUS VOICE VOTE 4/0. 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 36290 -36596 on Demand Register Summary Number 7 in total amount of $1,768,826.78. 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. Warrant Numbers 36597 -36849 on Demand Register Summary Number 8 in total amount of $1,525.934.09. 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. 3. City Council meeting minutes of October 15, 1991. Approved. 4. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 5. Transportation Issues - Update. Received and Filed. 6. Acceptance of various pieces of surplus office furniture. Accepted donation. City Council Minutes 12 November 6, 1991 7. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 8. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 9. Cooperative Construction Maintenance Agreement between the Atchison, Topeka and Santa Fe (AT &SF) Railway Company and the Cities of Hawthorne and El Segundo for the reconstruction of an existing grade separation structure at the intersection of Rosecrans Avenue and Aviation Boulevard. Approved Agreement, and authorized Mayor to execute agreement. 10. Lease of a portion of the South Douglas Street property to Metro Green Line - Los Angeles County Transportation Commission (LACTC). Approved lease agreement, and authorized Mayor to sign agreement. 11. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 12. Quarterly report from Lightfoot Planning Group on work completed and in progress on the General Plan. Received and Filed. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to enact all consent items except those items #4,#6, #7, #8, and #11 pulled for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. CALLED ITEMS FROM CONSENT AGENDA 4. Closed circuit television (CCTV) inspection of sewer lines, 1990 -1991 Project No. PW 90 -5. Mayor ProTem Dannen asked staff when they would know how much it would cost; Mr. Putnam responded within two weeks. Mayor ProTem Dannen requested that it be agendized for December 3. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember West to accept work as complete; authorized City Engineer to file the Notice of Completion, and directed that the 10% retention required by contract be retained pursuant to law a minimum of thirty -five (3 5) days after recording of Notice of Completion. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 7. Reroofing of a portion of City Hall roof and all of the Recreation Parks Clubhouse roof. Mayor Jacobson stated concerns that the clubhouse needed to be reroofed since it was done within the last six years; Mr. Putnam responded that staff will give Council all of the samples taken from the old roof for inspection. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember West to authorize staff to enter into contracts to have asbestos abatement and reroofing work done using solicited bids as follows: 1) Award the asbestos abatement work for both projects to Controlled Abatement Service in the amount of $5,380; 2) Award the reroofing of a portion of the City Hall roof and the reroofing of the Recreation Park Clubhouse roof to Best Roofing in the amount of $30,100, and 3) Approve payment for this work from the 1991 -92 CIP (Projects PF 91 -9 and PF 91 -10) in the total amount of $39,000 (includes 10% for contingencies). MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 8. City Public Library Expansion and Remodeling Project - Construction Contract Change Order Numbers 11 through 16. Discussed earlier during the meeting. City Council Minutes 13 November 5, 1991 11. Beach Shuttle extended service and pick -up points. Mayor Jacobson stated he believed the request to change the Imperial location, not to try and add another one. Also, he did not feel that it was advertised. Council received and filed. E. NEW BUSINESS - CITY MANAGER - Continued: 1. Submission and discussion of recommended 1991 -96 Capital Improvement Program. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember to continue item to November 19. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Allocate $253,000 of Capital Improvement Program monies (Water Fund) for irrigation project at Recreation and Hilltop Parks. Councilmember West stated concerns regarding water crises, and he felt this was not appropriate. Mayor Jacobson stated it should come from the general fund and not the water fund. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to allocate $253,000 of Capital Improvement Program Water Fund monies for irrigation improvements at the Recreation and Hilltop Parks. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1: AYES: Mayor ProTem Dannen, Councilmembers Wise and West. NOES: Mayor Jacobson. 3. Discussed earlier during the meeting. 4. Cooperative agreement between Caltrans and the Cities of Manhattan Beach and E1 Segundo for the widening of Sepulveda Boulevard (State Route 1) between Grand Avenue and Rosecrans Avenue in E1 Segundo, and between Rosecrans Avenue and 22nd Street in Manhattan Beach. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve agreement, and authorized the Mayor to execute the agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 5. National Pollutant Discharge Elimination System ( NPDES) Program Permit NPDES No. CA0066654 (CI 6948). Mayor Jacobson asked that this item be held over until November 19; Council concurred. 6. Oral report on status of Los Angeles County Comprehensive Airport Land Use Plan. 7. Oral briefing on Disaster Preparedness Incident Command System Workshop conducted October 24, 1991. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember West to postpone Items 6 and 7 until November 19. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 8. Oral status report on claims for sales /use tax refund resulting from the Aerospace decision. City Manager Cano informed Council the City recently received notification that a refund will be taken out of the City's allocation of sales tax - in the amount of $44,000, staff was aware of this but was unaware that it was for a company not City Council Minutes 14 November 5, 1991 located within E1 Segundo - Lockheed. After reviewing, staff anticipates that it will be more serious than expected. Staff was requesting authorization to meet with 43 other surrounding cities, the League of California Cities, MRC, and our lobbyist to discuss this issue and devise a strategy to deal with the situation. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember West to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Mayor ProTem Dannen left daias at 12:38 am; returned at 12:39 am. 9. Oral status report on the retention of the Air Force Base and meeting housing needs. City Manager Cano informed Council staff met with the City of Hawthorne - representatives from the respective Chamber of Commerce's, and the consensus was to try and develop a program to present to the group. Staff was requesting authorization to work with the Mayor and Councilmember West on this program. MOVED by Councilmember West; SECONDED by Councilmember Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BIISINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Wise: 1. General Plan Advisory Committee. Taken out of order earlier in the meeting. 2. Future of Community Redevelopment Agency (CRA). Councilmember Wise asked staff to compose a thank you letter to those speakers who participated in the CRA workshops; Council concurred. - Mayor ProTem Dannen: 1. Concern for securitv and access to Citv Hall. Taken out of order earlier in the meeting. 2. Status of Library Board of Trustees. Taken out of order earlier in the meeting. 3. Campaigning at Senior Housing Center. Mayor ProTem Dannen asked for report from City Attorney on how this applies to the 1st, 5th and 13th Amendments, and once this is received he would like it posted and issued to all future candidates. 4. Status of Indexing of Minutes - Accounting of $20,000. Mayor ProTem Dannen asked for a written status report from the City Clerk on the indexing of the Council minutes, and for a review of the $20,000 in expenditures which were made and specifically allocated against the indexing and municipal code projects. - Mayor Jacobson: 1. Appeal Reimbursement. Mayor Jacobson stated there was an appeal reimbursement due to a citizen from a couple of months ago regarding a condominium project on Indiana Court, and asked staff to look into the matter. City Council Minutes 15 November 5, 1991 PUBLIC COMMUNICATIONS - NONE Mayor Jacobson stated this meeting of the City Council was being adjourned in memory of Tom Rea, a long time employee of the Building Safety Department. CLOSED SESSION The City Council moved into a closed session at 1:15 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. GC 54956.9(a) (City a party to pending litigation) Potlatch vs City of El Segundo E1 Segundo vs City of Los Angeles Glickman vs City of El Segundo GC 54957 Personnel Matter 1 Matter ADJOURNMENT to November 6, 1991 at 7:00 P.M. LO FREEMAN, DEPUTY CITY CLERK City Council Minutes 16 November 5, 1991