Loading...
1991 NOV 19 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NOVEMBER 19, 1991 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen. INVOCATION given by Reverend Donald Chisholm, Church of Christ. PRESENTATIONS ROLL CALL Councilman West Councilman Wise Mayor ProTem Dannen Mayor Jacobson NONE - Present - Present (Arrived at 7:08 p.m.) - Present - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Two individuals addressed the City Council. Dorothy Kent, 909 Dune Street addressed Council stating she believed on November 14 a new program was supposed to be in affect. She stated concerns with three fly overs from LAX on November 18 from 12:30 am to 12:45 a, and during the middle of Sunday afternoon three fly overs occurred directly over her house. Mayor Jacobson asked City Manager Cano to research into this situation. Willard Krick, 1414 E. Mariposa Avenue addressed Council regarding building height east of Sepulveda Boulevard and the General Plan. Mayor Jacobson closed this portion of the meeting. A. SPECIAL ORDER OF BUSINESS 1. Public Hearing - First reading of an ordinance for a Voluntary Toilet Retrofit Program. Mayor Jacobson opened the public hearing asking Deputy City Clerk Freeman if proper public noticing had been done, and whether any written communications had been received by the City Clerk's Office; Deputy City Clerk Freeman responded that proper noticing had been done by the Public Works Department, and that no written communications had been received by the Clerk's Office. City Manager Cano presented a brief report stating in the interest of a water conservation program, City staff has presented a voluntary retrofit program ordinance which would allow for the placement of a low flow toilets to replace standard toilets; providing monitory rebate program in coordination with the Municipal Water District. On November 5, Mayor Jacobson requested clarification with regard to the current program being administered by the City of Manhattan Beach. Based upon staff's discussions with the City of Manhattan Beach, they decided to tailor the City of El Segundo's in a way which would be most responsive to the City itself. Mayor Jacobson asked if anyone wished to address this public hearing; seeing none, he asked for a motion to close the public hearing. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Council Minutes 1 November 19, 1991 MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to read by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Attorney Dolley read Title as follows: ORDINANCE AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING ORDINANCE NO. 1160 THE MANDATORY WATER CONSERVATION ORDINANCE TO ESTABLISH A VOLUNTARY TOILET RETROFIT PROGRAM. INTRODUCED by Councilmember West. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to put off this ordinance indefinitely. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1: AYES: Mayor ProTem Dannen, Councilmembers Wise and West. NOES: Mayor Jacobson. Mayor ProTem Dannen stated the basis for not approving this plan was due to the City already planning on spending a large amount of money in facilitating a Water Reclamation Plant within the City. Councilmember West stated that although he agrees with the concept in general of this type of program, he has concerns regarding root problems, and the ability of these retrofit toilets actually functioning properly in processing debris into the main drain. He further stated that should the water crises continue, he stated he would want to look into this program again. Councilmember Wise stated he was concerned with root problems, and the low- flush /low- volume of the retrofit toilets, and whether they would actually be able to process debris into the main drain. 2. First reading of an ordinance supporting the South Coast Air Quality Management District's imposition of an additional Vehicle Registration Fee, and to receive fee revenues for implementing programs to reduce air pollution from motor vehicles. City Manager Cano presented a report stating Assembly Bill 2766 signed into law by the Governor on September 30, 1991 allows the South Coast Air Quality Management District to collect an additional $2 /year for vehicle registration effective April 1, 1991, and then goes up to $4 /year effective April 1, 1992. Should the City want to gets their share of this, they must pass an ordinance in support of the program - and set up a segregated fund to account for those monies. Mayor Jacobson stated that there are 83 out of the 88 cities that are already participating. 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 as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S IMPOSITION OF VEHICLE REGISTRATION FEE PURSUANT TO AB2766 (1990) AND TO RECEIVE FEE REVENUES FOR IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. INTRODUCED by Councilmember Wise. City Council Minutes 2 November 19, 1991 B. UNFINISHED BUSINESS 1. Second reading of an ordinance amending the El Segundo Municipal Code sections regarding municipal revenue sources, raising business license flat taxes, and effecting procedural changes. Councilmember West stated his family has three of these licenses, and asked clarification from City Attorney Dolley on whether this was a citywide ordinance and whether he was allowed to discuss and vote on this issue; City Attorney Dolley responded that this was a citywide ordinance and Councilmember West could speak and vote on the item. Councilmember Wise stated that the Chamber of Commerce and City Council Subcommittee's have worked very hard to come up with something to suit the majority, and that he was sympathetic with the small businesses located within the Smoky Hollow district; Mayor ProTem Dannen concurred. Councilmember West stated he would like to continue the item. Councilmember Wise stated this was just a clean -up ordinance, and would rather vote on the issue this evening. MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to read Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Attorney Dolley read Title Only: ORDINANCE NO. 1168 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTIONS 5.04.100, 5.04.110, 5.04.220, 5.08.018, 5.08.030, 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.078, 5.08.080, 5.08.085, 5.08.090, 5.08.130, 5.08.140, 5.08.150, 5.08.170, 5.08.180, 5.08.200, 5.08.210, 5.08.220, 5.08.230, 5.08.235, 5.08.236, 5.08.237, 5.08.238, 5.08.240, 5.08.250, 5.08.270, 5.08.280, 5.08.300, 5.08.310, 5.08.320, 5.08.340, 5.08.350, 5.08.360, 5.08.365, 5.08.370, 5.08.390, 5.08.410, 5.08.420, 5.08.440, 5.08.460, 5.08.490, 5.08.525, 5.08.530, 5.08,540, 5.08.550, 5.08.560, 5.08.580, 5.08.590, 5.08.600, 5.08.620, 5.08.630, 5.08,640, 5.08.650, 5.08.660, AND 5.08.661 ADDING NEW SECTIONS 5.08.021, AND 5.08.025, AND DELETING SECTIONS 5.04.022, 5.04.220.1, 5.04.221, 5.04.270, 5.08.190, 5.08.510, REGARDING THE CITY BUSINESS LICENSE TAX. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise, with discussion, to adopt Ordinance No. 1168. Councilmember Wise asked that staff invite the businesses in the Smoky Hollow district to review any future items as they relate to this issue. MOTION CARRIED BY THE FOLLOWING VOICE VOTE 3/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, and Councilman Wise. NOES: Councilman West. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Results of Noise Abatement Committee survey of residents in Noise Impact Area regarding airport noise. Don Harrison presented the results of the Noise Abatement Committee Survey of Residents in Noise Impacted Area Regarding Airport Noise, which asked the residents about the following concerns: degree of disturbance, most annoying type of airport noise, the West Imperial Terminal, home sound insulation, changes in airport noise, early turns, "the sign ", planned new facilities, and production of an informative series of video programs. City Council Minutes 3 November 19, 1991 Results showed opinion to be divided - and complete results were: 56% of respondents found the degree of bother from airport noise to be high, 30% found it to be medium; respondents rated types of airport noise in terms of impact from most bothersome as: 1) take -off of large jets, 2) take- off of small jetliners, ground noise, and reverse thrust on landings; 54.6% do not believe the Imperial Terminal or Pan Am cargo facility should be closed; the top three responses regarding home sound insulation were: 1) 36.9% - not interested, 2) 35.4% - City pays 20% of cost, and 3) 14.2% grant avigation easement; 61.5% believe airport noise increased over the past 5 years; 77.6% believe the early turn issue is very important, and lastly regarding the "UNSAFE AREA FOR JETS" - 49% - remove it, 31.4% - uncover it, and 19.6% - change the wording. 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 36850 -37172 on Demand Register Summary Number 8 in total amount of $1,365,219.27. 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 November 5, 1991. Continued to City Council meeting of December 3, 1991. 3. Resolution for limited and temporary authority to expend City funds pending approval of the FY 91 -92 City Budget. Adopted Resolution No. 3731. 4. Request for the City Council to approve lowest bid for Police uniform and safety equipment for the City of El Segundo. The amount of the bid is not to exceed $30,000. Approved lowest bid of Long Beach Uniform, Inc., and rejected all other bids. 5. Reaffirm Citv Council direction on Golf Course Proiect. Reaffirmed their direction to proceed with the design and construction of a nine hold golf course in conjunction with a golf driving range, and to work closely with the West Basin Municipal Water District utilizing reclaimed water for the project. 6. Approve emergency purchase of Jail Monitoring Equipment in the amount of $3,247 to be funded from Asset Forfeiture money. Ratified City Manager approval of emergency equipment purchase. 7. Installation of traffic signal pre - emption devices at various traffic signals (Specifications No. PW 90 -6). Approved Change Order No. 1 in the amount of $6,570.81. 8. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 9. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 10. PULLED FOR DISCUSSION BY COUNCILMAN WEST. CALLED ITEMS FROM CONSENT AGENDA: 8. Pavement renovation and asphalt concrete overlay on various streets (Specifications No. PW 91 -9). Councilmember Wise asked staff to make sure that once they pave the streets that they will not need to go back later and dig the street up for pipes, etc. City Council Minutes 4 November 19, 1991 MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 9. Replacement of irrigation systems for Recreation and Hilltop Parks (Specifications No. PW 91 -7). Mayor Jacobson asked if the irrigation system will have moisture sensors. Rollie Wright, Director of Recreation and Parks, stated that it did not, but staff could look into having moisture sensors. MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to approve with direction to staff to research moisture sensors. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 10. Resolution adopting "Standard Specifications for Public Works Construction, 1991 Edition ". Councilmember West questioned if there were special E1 Segundo specifications or rules. Ken Putnam, Director of Public Works responded only the Green Book, and there was not an E1 Segundo rule book. MOVED by Councilmember West; SECONDED by Councilmember Wise to adopt Resolution No. 3732. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. RECESS at 8:00 p.m. RECONVENED at 8:10 p.m. ROLL CALL All Councilmembers present. E. NEW BUSINESS - CITY MANAGER 1. Submission and discussion of recommended 1991 -96 CIP. Council consensus to schedule December 9 and 10 for CIP Workshops - both to start at 7:00 p.m. 2. Resolution to implement a proposed Management Compensation for Performance Incentive Plan as a "REPLACEMENT" to the across - the -board yearly Cost of Living Adjustment (COLA) and as a means to promote efficiency, effectiveness and cost savings in local government. City Manager Cano presented a report summarizing the efforts to strengthen the management team's effectiveness by revamping and revitalizing the compensation program for management employees. He stated the first objective to the proposed "Management Compensation for Performance Incentive Program" is tied directly to management performance and productivity, and the intent is to initiate a process whereby satisfactory and exemplary performance can be recognized through a structured and objective incentive system. The second objective is to prevent salary compacting between management and subordinates and to assure that the City remains competitive in the public sector labor market, and will be accomplished by allowing an annual adjustment to each management salary range equal to the highest across - the -board adjustment granted by contract to represented units. Mayor ProTem Dannen left dais 8:32 p.m. to 8:35 p.m. Mayor Jacobson left dais 8:36 p.m. to 8:37 p.m. Discussion ensued regarding the proposed program's budgetary cost impact for FY 1991 -92. Councilmember Wise concurred with the incentive program, but felt the beginning percentage was too high. City Council Minutes 5 November 19, 1991 Mayor ProTem Dannen recommended $126,528 as a total dollar amount, to include benefits, for the entire package. City Manager Cano asked Council's consensus to discuss this during Closed Session discussion later. Council consensus to continue discussion during Closed Session this evening. 3. Oral briefing on Disaster Preparedness Incident Command System Workshop conducted October 24. 1991. City Manager Cano stated on October 24 staff conducted a workshop. It is a very complex system which is designed on duties and responsibilities not reliant with people on the job to respond to an incident. The systems two coordinators appointed to work with the designated City employees to implement this system are Police Department Lieutenant Robin Radford and Fire Department Battalion Chief Gary Chandler. This workshop was to implement the program and find out how the system works. Mayor ProTem Dannen left dais at 8:51 p.m. to 8:52 p.m. Lt. Radford briefed Council on the system workshop stating last year the City hired the California Specialized Training Institute conducted a disaster exercise in an effort to test our state of readiness. Two things staff learned from this exercise were 1) we needed to develop our own exercise designed to test specific areas of emergency preparedness, and 2) to use the Incident Command System to manage our emergencies. With that in mind, an exercise was designed with established training goals. The first goal was to implement DPICS, and the second goal was to improve disaster preparedness. In the future, exercises will be performed every six months with a major exercise every eighteen months, and there will be quarterly meetings with the sections. Council received and filed report. 4. Replacement of two (2) Fire Department 1500 GFPM Triple Combination Fire Pumper Apparatus (Engines). Councilmember Wise complimented staff on a job well done. MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen with discussion - to approve specifications and authorize staff to advertise for competitive bids for replacement of fire apparatus. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Mayor ProTem Dannen stated the City is replacing vehicles purchased in 1968 and 1970, and also complimented staff on a job well done. 5. National Pollutant Discharge Elimination System ( NPDES) Program Permit NPDES No. CA0066654 (CD 6948) Permit Implemen- tation Agreement. City Manager Cano stated he would like to revise the recommendation to read "concept" instead of "form ". Mr. Putnam presented a report to Council stating that the County has been working with cities for a long time without an agreement, and now they have decided to prepare an agreement for their Council's approval. MOVED by Councilmember West; SECONDED by Councilmember Wise to approve concept of agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/O. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE City Council Minutes 6 November 19, 1991 H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Wise 2. Golf Course lighting. Councilmember Wise asked staff to get pricing on lighting the golf course, and an alternate on not lighting it at this time but at least putting in the wiring and circuiting. Councilmember West requested staff to prepare a conceptual report regarding lighting v no lighting. City Manager Cano stated the bid for proposals sent out includes the cost item for add or deduct for a conduit and electrical work. In addition to that, staff is recommending they move forward with a lighted course. Council consensus for staff to research the cost for installation of a conduit to light the project area. 3. Community Redevelopment Agency (CRA). Councilmember Wise stated that there is a misconception of what CRA's are about, and recommended the Council put the CRA aside for now based on the fact that there are more important issues coming up. Council consensus to discontinue workshops regarding redevelopment for the present time. 4. Oral briefing on meeting with the Chamber of Commerce representatives, small businesses in the Smoky Hollow area, and the Council Subcommittee. 5. E1 Segundo Unified School District Parcel Tax. Councilmember Wise combined items 4 and 5 stating that the small businesses within the Smoky Hollow area were in favor of the El Segundo Unified School District Parcel Tax, and were surprised that it did not pass. He was disappointed in those individuals who did not vote. 6. Quarterly News Paper. Councilmember Wise stated he would like to see a quarterly news paper to the residents and businesses updating and informing them of what is happening within the City, and maybe having a Citizen's Organization sometime. He asked that staff agendize this item for discussion and possible action. Mayor Jacobson - Out of order 1. Revised schedule for the General Plan revision project and setting of a date for an additional Community Workshop. Mayor Jacobson stated at their last meeting the GPAC was dissolved. The motion itself was for Council to sit as the GPAC, and he had procedural problems with that. He asked Council if they would consider the possibility of turning over the GPAC to the Planning Commission, because it is required in State Code as being the body before it comes to the City Council. Therefore, the Council will not prejudice what the Planning Commission looks at, thinks, and does by giving them the Council's opinion. City Council Minutes 7 November 19, 1991 MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to turn over the GPAC to the Planning Commission. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Mayor Jacobson stated he felt it would take more than one public hearing and asked staff to add two Council meetings to the revised schedule. He recommended the Council approve the schedule as revised to include two additional Council meetings, and another workshop. MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to approve the revised schedule and workshop date. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Mayor ProTem Dannen 2. General Plan Public Review. Mayor ProTem Dannen stated he has asked staff to transmit five additional copies of the General Plan to him, and informed those interested in reviewing or asking questions on the Plan that he would be available beginning November 27 from 6:00 -8:00 p.m. in the West Conference Room. RECESS at 9:20 p.m. RECONVENED at 9:30 p.m. ROLL CALL All Councilmembers present. Councilmember Wise - continued 1. Report on minimum State requirements of City Clerk's Office. Councilmember Wise stated that although the City Clerk had not arrived, he would like City Attorney Dolley to begin his presentation. City Attorney Dolley presented a report to Council stating he would transmit a written report later. Clerk's Duties: The City Clerk's duties are stated very clearly in many places in Codes of the State of California (i.e. Government Code, Election Code, etc). City Council Authority Concerning Clerk's Duties: Would be to either assign or not assign duties that are not covered by State Code. He stated he could provide Council with a lengthy list of those duties required by State Code. In general, they include such duties to the Fair Political Practices Act - filing duties, limited enforcement duties should anyone fail to file. In addition, the City Clerk has the responsibilities under the Government Code certain record keeping functions (i.e. filing adopted ordinances, proceedings of the Council, and make certain certified copies of census data. The City Clerk has certain administrative duties dealing with the running of elections; ordinances being published after adoption, and also publishing certain notices regarding hearings of the City Council. There are other duties rather ministerial in nature. Stated that the State Code has specific duties which cannot be changed, but the City can change those duties bestowed upon him by the Council itself. July. 1990 City Clerk Staff Report: This report outlined the City Clerk's mandatory and customary duties. At that time, Council agreed it was an accurate list of his duties. As far as enumeration of the City Clerk, that is entirely within the discretion of the City Council under State Law. City Council Minutes 8 November 19, 1991 Councilmember Wise questioned whether the City Clerk could terminate a candidacy, and stated he felt that the news release was politically motivated and recommended the duties of the City Clerk be limited to those listed under the State Code only - all other duties be given to the City Manager, and that the City Clerk's wages to be cut in half. City Attorney Dolley responded that he has not thoroughly researched this, but that he felt that the City Clerk did not have this authority. Councilmember West asked to differentiate the difference between the Clerk's Office and the City Clerk, and stated concerns regarding staff of that Office. City Attorney Dolley stated during July, 1990 when the staff report came up for review by the City Council, there was discussion concerning authority over deputies salaries and so forth. That matter was removed ultimately, and although it was research, they never rendered an opinion on that subject. It was their conclusion that it was the City Council's authority concerning the salaries and funding of the Office of the City Clerk. As to the appointment of deputies, that authority does reside only with the City Clerk. Mayor ProTem Dannen asked the City Attorney to research who could swear in a new Councilmember, and report back to them as soon as possible. Councilmember West stated concerns with the City Clerk being an election officer and the fact that the news release had the Clerk's name, title, seal on it. He felt people may have been swayed, that the City Clerk was wrong, and wants to know if disciplinary action can be taken. Mayor ProTem Dannen recommended to direct City Attorney to present those State Duties by preparing an ordinance which would codify the duties of the City Clerk, and to research uses of the City "Seal ", policy, and use of disclaimers. He stated that Section 2.04.220 - refers to duties and responsibilities of the City Clerk to the City Manager, and Section 2.12.090 - refers to report all appeals to the Planning Commission. Mayor Jacobson recommended a sunset clause be placed in the ordinance relating to the wages, based on the outcome of the election in April, 1992. City Attorney Dolley asked clarification of whether the Council wanted an ordinance dealing only with the State Law matters; Council concurred. Councilmember Wise stated he wanted to know if he has the authority to terminate candidacies, and what is required of committee's like the Citizen's Political Action Committee. City Attorney Dolley stated he could research this at the direction of Council. Mayor ProTem Dannen stated should someone question the authority taken this evening they can look at Section 2.04.160 of the ESMC. He further stated that he had a manual of the process in which to do this, should anyone wish to review it. City Council Minutes 9 November 19, 1991 Mayor ProTem Dannen - continued 1. Written Reports from City Clerk on a) Status of codification and indexing of Council minutes, and b) Status of $20,000 allocation to City Clerk's Office for codification and indexing of Council minutes. Mayor ProTem Dannen stated Council approved a project, and allocated $20,000 for its implementation, which the City Council minutes and the E1 Segundo Municipal Code would be indexed. This would give the public the opportunity to access the computer and obtain up -to -date status of what was happening. The City Clerk accepted the responsibility of implementing this project. At their November 5 meeting, the Council supported a request to have the City Clerk's Office provide a status report on the indexing of City Council minutes, and procedures set in place to maintain an updated Municipal Code. In addition, they requested a full accounting of the $20,000 allocated during FY 1989 -90 that was to be used for the updating of the Municipal Code and indexing files. It was the Council's desire to have this information presented in a written report for their November 19 meeting. Mayor ProTem Dannen stated he was upset that Council was not given a status report on the indexing of their minutes, but instead they received a lengthy memo which explains how to develop ordinances and resolution - not the information which was requested two weeks ago. Since the City Clerk just received the financial report from the Finance Department today, he would continue this item in order to give the Clerk the opportunity to review the material and prepare a report. Mayor ProTem Dannen asked City Attorney Dolley what the City Council could do under State Law to make the City Clerk perform his responsibilities, stating he is willing to take it what ever extent necessary. Councilmember Wise asked if the Council could reassign the duties of the E1 Segundo Municipal Code. City Attorney Dolley responded that he thought the Council could reassign this duty to someone else. PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Nancy Wernick addressed Council to thank them for their past support of Measure B, and recommended an Election Seminar be scheduled for the April, 1992 Election. Frank Wong, 435 Valley Street addressed Council regarding their discussions of the City Clerk and his wages. He stated he wished to read a letter into the record: "According to you Janice Cruikshank currently has 21 valid signatures attachment - that's number two - I wish to challenge thirteen through seventeen under the Election Code Section 22836, any person registered to vote at the election may circulate a nomination paper, this clause indicates only a registered voter capable of voting in the November election would be legally able to circulate nomination papers. I respectfully submit to you the signatures thirteen through seventeen were not obtained by the person with the special qualifications. Thus, nullifying the signatures in question." This was written by Mayor ProTem Dannen. The letter the Council has in question is called a news release by City Clerk Hart, and at the bottom it states: "Jan Cruikshank signing a declaration under the penalty of perjury that she was circulator for her nomination petition - is an offense against the election process. Janice Cruikshank did not obtain the signatures on her petition." The City Council Minutes 10 November 19, 1991 other paragraph states, "The police investigation concluded that the City employees circulated the petition, not Janice Cruikshank. The report contains confidential, personnel records of the City employees, and thus the City Manager has declared them exempt from disclosure by the Public Records Act. If the police report were a public record, I would be obligated to terminate Janice Cruikshank's candidacy for violating Section 22838 and 29303 of the California Election Code." This happens to be the documentation from our City Clerk Ronald Hart, and all he could say was that he stood by and watched the Clerk not know which way to go. He asked Council's advice and guidance, and everyone let him stay dry and hang. When he wrote this documentation, he wrote the truth. If the Council is complaining, they know what the truth is, so does the City Manager and everyone else. Mayor Jacobson closed public communications. City Clerk Hart arrived at 10:15 p.m. Councilmember Wise stated he wanted to say something now that the City Clerk has arrived. He stated his opinion was that the news release was politically motivated, and he was going to do everything in his power to get to the bottom of the truth - and if the City Clerk compromises his position - he is coming. All this Council has said is that the leaks from City Hall and trash politics are going to stop, and he has two and one -half years left and does not care whose toes he steps on or neck he steps on, to make sure they stop. City Clerk Ronald Hart addressed Council stating that it was unfortunate that they had to rehash this, but the material was in response to a letter in the E1 Segundo Herald. He stated when an Attorney takes on an opinion, he isn't that sure that it could be taken as a personal opinion instead of a legal opinion. The information in the news release was information given to him by the Secretary of State and by the Registrar- Recorder as to what rights and /or duties he had. He stated he did not exercise those, and would not, because he had no proof. Should he have been given proof which had value, he would have been obligated to terminate her candidacy. That is his job, and that is what the Code says he has to do. He must enforce those codes. He stated he did not presume that people would distribute this around town. One thing that Ms. Cruikshank asked of him was that anything that he gives out during this campaign - be given to her and everybody, and I gave this to you. Further stating that he did not give Mr. Wong that paper he flashed a few minutes ago, and he did not - and would not - have the copies made utilizing City property or funds. MEMORIALS CLOSED SESSION NONE The City Council moved into a closed session at 10:25 p.m. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et seg.) 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: 54956.9(b) - (City might have significant exposure to litigation) Two matters Meet and Confer one matter. ADJOURNMENT to November 25 at 7:00 p.m. C � Lktira/Freeman Deputy City Clerk City Council Minutes 11 November 19, 1991