1991 OCT 15 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
OCTOBER 15, 1991 - 7:00 PM
CALLED TO ORDER by Mayor Jacobson at 7:00 p.m.
INVOCATION given by Dr. J.H. Greer, Pacific Baptist Church.
PLEDGE OF ALLEGIANCE given by Councilmember Wise.
PRESENTATIONS
City Council proclaimed the week of October 20 -26, 1991 as National Business
Women's Week, and commended Karen Ackland for receiving the 1991 BPW
Woman Of Achievement Award. Award presented by Mayor ProTem Dannen.
2. City Council proclaimed the week of October 19 -26, 1991 as Red Ribbon Week
and Mayor Jacobson presented the proclamation to Paulette Caudill, D.A.R.E.
Officer Elizabeth Gray, and some members of the D.A.R.E. Program. Council was
then presented with Red Ribbons.
3. E.F. "Bud" Milton, District Manager, Automobile Club of Southern California
presented City Council with "1990 Pedestrian Safety Citation ".
ROLL CALL
Councilmember West - Present
Councilmember Wise - Present
Mayor ProTem Dannen - Present
Mayor Jacobson - Present
PUBLIC COMMUNICATIONS -(City Business On 5 minute limit)
Eight individuals addressed the City Council.
R.J. Switz, 1209 E. Maple - addressed Council thanking staff for their immediate response
and support in answering his question at the last meeting.
Joseph Ray, 318 Sierra Street - addressed Council regarding denial of his application for
a Police Officer position based on not having a degree, and asked authorization from
Council to take the test; City Manager Cano responded that he would contact and assist
Mr. Ray with his concerns.
Steven Bower, 318 Sierra Street - addressed Council stating he was pleased with the
swim stadium; he is in favor of the Library Book Detection System but recommended
Council have the City Attorney review this prior to making a decision, and recommended
directional signs of how to get to the beach be put up to assist the tourists.
Charles Kluff. Chief Executive of Wyle Laboratories - asked Council to select Wyle Labs
as their consultant to provide acoustical consulting and architectural design services for
the Sound Insulation of a Demonstration Home /Project Office and Development of a
Detailed Plan for Future Phases of El Segundo's Sound Insulation Program.
Aniel Zae Daniels. Acentech - addressed Council and submitted two letters regarding
noise information; City Manager Cano recommended Council move New Business -City
Manager Item No. 1 to a Closed Session discussion.
Liz Garnholz, 442 Whiting Street - addressed Council stating she wished to address the
Prop B issue.
Mayor Jacobson asked Assistant City Attorney Thorson for clarification as to whether this
subject relates to politicking or not; Assistant City Attorney Thorson responded that if the
Council had discussed this subject during a previous meeting, then the decision is up to
the Chair. Mayor Jacobson informed Ms. Garnholz she could speak on the subject.
City Council Minutes
October 15, 1991
Ms. Garnholz continued by stating her reasons for opposition to Proposition B.
Mayor ProTem Dannen left dias at 7:35 P.M. and returned at 7:39 P.M.
Mayor Jacobson stated that this subject will not be addressed again in the City Council
Chamber during a meeting.
Frank Wong, 435 Valley Street - addressed Council regarding comment made at the
October 1 City Council meeting regarding electioneering on government owned property.
Councilmember Wise stated three years ago he was informed by the City Clerk's Office
that it was illegal to electioneer on government owned property, and on October 1 he
stated that he wanted to remind all candidates, not mentioning anyone by name, that they
could not electioneer on government owned property.
RECESS at 7:45 P.M.
RECONVENED at 7:55 P.M.
ROLL CALL All City Councilmembers present.
Mayor Jacobson asked if anyone else wished to speak under Public Communications;
being none, that portion of the meeting was closed.
Frank Wong then came to the podium requesting permission to continue; Mayor
Jacobson stated he had closed that portion of the meeting, and Mr. Wong stated he had
some important information he wished to present to the Council.
Mayor Jacobson reopened Public Communications.
Frank Wong. 435 Valle, Sy treet addressed Council informing them that he was in
possession of some City documents relating to the signing of certain nomination papers
for a candidate, and then requested authorization to distribute them for review and
possible action by the City Council.
Mayor ProTem Dannen stated the fact he has confidential memos that refer to personnel
matters is not appropriate, and stated that the Attorney General has ruled that Personnel
Matters are matters of Closed Session, and not matters of public knowledge. He then
requested that Mr. Wong to hand over those documents immediately to the Deputy City
Clerk.
Mr. Wong requested that action be taken on the this information, and then handed over
the documents to Deputy City Clerk Freeman which were then given to Assistant City
Attorney Thorson.
Mayor ProTem Dannen stated since Mr. Wong has made an allegation against the
Council as covering up an incident, he will review the documents with the City Manager
and City Attorney and should the matter pertain to a personnel matter and warrants it,
he will then request it be discussed during Closed Session.
Mayor Jacobson asked Assistant City Attorney Thorson to add this to the Closed Session
list of items to be discussed.
Gary Schultz, 227 E. Oak Street - addressed Council stating he was concerned about a
political candidate coming before the City Council on television making statements to
facilitate his needs.
Mayor Jacobson asked if anyone else wished to speak under Public Communications;
being none, that portion of the meeting was closed.
Request by DESI for Let's Do Lunch on October 31.
Kevin Mortesen requested approval of their request.
MOVED by Councilmember Wise; SECONDED by Councilmember West to
approve DESI's request for a Let's Do Lunch on October 31. MOTION PASSED
BY UNANIMOUS VOICE VOTE 410.
City Council Minutes
2 October 15, 1991
H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS (Out Of Order)
Mayor ProTem Dannen requested this item be taken out of order; Council concurred.
1. Consideration of a resolution calling on the Department of Transportation to drop
its threats against the City of Los Angeles and its opposition to the proposed
Stage 2 phase out at LAX.
A.
L3
Mayor ProTem Dannen stated that at the October 1 meeting, staff was directed to
draft a resolution opposing the Department of Transportation (DOT) actions in
threatening the City of Los Angeles with loss of funding should it adopt a Stage
2 phase -out.
Discussion ensued regarding the Stage 2 phase -out proposed by the City of Los
Angeles which was grandfathered by Congress in the Airport Noise and Capacity
Act of 1990, and despite the Congressional action the DOT and its sub - agency -
the Federal Aviation Administration (FAA) took extreme positions in their efforts to
prevent adoption of a Stage 2 phase -out for LAX.
Mayor Jacobson asked that a strong cover letter and a different cover letter be
prepared to be sent to Congressmen around other major airports. ProTem
Dannen requested that a cover letter be prepared and sent to the Los Angeles
City Councilmembers.
MOVED by Mayor ProTem Dannen; SECONDED by Councilmember West to adopt
Resolution No. 3727, and directed staff to prepare three cover letters for the
Mayor's signature. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0.
SPECIAL ORDERS OF BUSINESS
Public Hearing - First reading of an ordinance amending Ell Segundo Municipal
Code Sections regarding municipal revenue sources, raising Business License flat
taxes, and effecting procedural changes.
Mayor Jacobson opened the public hearing asking Deputy City Clerk Freeman if
proper noticing had been done, and if any written communications had been
received on this item; Deputy City Clerk Freeman responded it had been done by
the Finance Department, and that no written communications had been received
by the City Clerk's Office.
Mayor Jacobson opened public communications.
City Manager Cano presented a brief report recommending Council continue the
public hearing to November 5.
Mayor Jacobson asked if the Council's sub - committee has met with the Chamber
of Commerce's sub - committee; Mayor ProTem Dannen responded that the sub-
committee would be meeting soon.
Mayor Jacobson stated that the whole object of this was to try to bring the
miscellaneous specialized business dollars into the same as general business.
General business is at $103.00 now and the others are at $100.00 in the Code,
and asked if staff could clarify this between the two. He stated that on page 2
under Penalty he did not feel a flat dollar amount per day was fair whether the
business was small or large.
MOVED by Councilmember Wise; SECONDED by Mayor ProTem Dannen to
continue public hearing to November 5. MOTION PASSED BY UNANIMOUS
VOICE VOTE 4/0.
UNFINISHED BUSINESS - NONE
City Council Minutes
3 October 15, 1991
C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
Ubrary Book Detection System.
Mayor Jacobson stated this item was a request to appropriate $15,000 for the
purchase of an antitheft book detection system for the library, and authorization
for staff to seek competitive bids.
MOVED by Councilmember Wise; SECONDED by Councilmember West to
appropriate $15,000 for purchase of anti -theft book detection system, and
authorized staff to seek competitive bids. MOTION PASSED BY UNANIMOUS
VOICE VOTE 4/0.
2. Interview of candidates for Capital Improvement Program Advisory Committee.
Mayor Jacobson stated this item was to schedule an interview date for Capital
Improvement Program Advisory Committee applicants. He stated only five
applications for five positions had been received.
MOVED by Mayor ProTem Dannen ; SECONDED by Councilmember Wise to
approve an extension of two weeks. MOTION PASSED BY UNANIMOUS VOICE
VOTE 4/0.
Mayor ProTem Dannen requested that a discussion of the Library Board of
Trustees be agendized for November 5.
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. Warrants Nos. 36017 -36289 Demand Register Summary Number 6 in total amount
of $1.520.196.08.
Approved: Warrant Demand Register and authorize staff to release check.
Ratified Payroll and Employee Benefit Checks; checks released early due to
contracts or agreements; Emergency disbursements and or
adjustments.
2. PULLED FOR DISCUSSION BY COUNCILMEMBER WISE.
3. Request Council to redesignate surplus equipment destined for Guaymas, Mexico,
to be authorized for resale and sold at auction, with the exception of one police
vehicle to be sold for $1.00 to El Camino College, Police Science Department, for
training purposes.
Approval to hold auction and redesignate surplus equipment, previously authorized
by Council action as surplus, and transfer to Guaymas, Mexico on May 15, 1991.
4. A resolution of the City Council of the City of El Segundo approving the application
Adopted Resolution No( 3727) 9-$
5. Quitclaim water pipeline easement across property described as a portion of Lot
14, Block 95, Sheet 3. El Segundo known as 703 North Main Street.
Determined the City of El Segundo has no interest in water pipeline easement and
easement has no value to the City; approved quitclaim document; directed Mayor
to sign quitclaim, and the City Engineer to record document.
6. PULLED FOR DISCUSSION BY COUNCILMEMBER WEST.
7. The City Manager authorized an expenditure to alleviate an emergency situation
at Recreation Park relating to electrical safety problem on baseball field.
Council confirmed expenditure limit of $35,000.
City Council Minutes
4 October 15, 1991
8. Recommendation implementing Annual Fire Department Service Fee Adjustment
set forth in Resolution No. 3590.
Approval of proposed 1991/92 Fee Schedule.
9. Tract Map 48437, 1626 -1628 E. Palm Avenue - Approval of Final Map.
Adopted Resolution No. 872 . �57aq
10. Tract Map 48436, 1630 -1632 E. Palm Avenue - Approval of Final Map.
Adopted Resolution No. -37229, 0-730
MOVED Councilmember Wise; SECONDED by Councilmember West to enact all consent
agenda items except those Items No. 2 and 6 pulled for discussion. CARRIED BY
UNANIMOUS VOICE VOTE 4/0.
CALLED ITEMS FROM CONSENT AGENDA
2. City Council meeting minutes of October 1. 1991.
Councilmember Wise stated under Public Communication Item No. 1, a correction
is needed on the motions.
MOVED by Councilmember Wise; SECONDED by Councilmember West to
approve with correction. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0.
6. Lease of Hilkxest Street and adjacent Imperial Strip Park area for construction yard
to Christeve Corporation, contractor for Southport Storm Drain.
Councilmember West questioned City Manager Cano on whether there would be
any watering done and supervision on this site while construction is underway;
Ken Putnam, Director of Public Works, responded that the agreement provides for
the contractor to maintain the site while occupying it, and to clean the site upon
leaving it. Contractor will be involved in reseeding the area once the project is
completed, and it must meet with the satisfaction of the Recreation & Parks and
Public Works Department's.
Mayor ProTem Dannen stated staff may want to consider having the contractor
contact the School District and renting their piece of property in that vicinity, and
that if staff researched the deed restrictions on that strip they will find that the City
is prevented from building any kind of a structure on that property - and that
includes a fence.
Mr. Putnam stated staff has discussed this with the City of Los Angeles
Department of Water and Power that holds that restriction on the site, and at this
point in time they have approved the City's use on a temporary basis with what
is going on.
MOVED by Councilmember West; SECONDED by Councilmember Wise to
approve lease agreement, and authorized the Mayor to sign agreement. MOTION
PASSED BY UNANIMOUS VOICE VOTE 4/0.
Mayor ProTem Dannen stated for the record that although he did not pull Consent Items
No. 1 and 10, he is still opposed to those variances being handed out.
H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS (Out Of Order)
Councilmember Wise requested this item be taken out of order; Council concurred.
General Plan Adviso!y Committee (GPAC) discussion on various issues.
Councilmember Wise stated two weeks ago Mr. Willard Krick, a member of the
GPAC, addressed the Council requesting Conflict of Interest Codes and stated that
he abstained on a vote. He stated that he and Mayor ProTem Dannen had sent
notes up to Mr. Krick informing him that should he vote on a particular issue he
would be in violation of the Conflict of Interest Code, but Mr. Krick voted anyway -
he did not abstain.
City Council Minutes
5 October 15, 1991
Councilmember Wise stated he asked Mr. Krick to come before the Council this
evening to correct his vote, but he refused to do so. There have been other
members of the GPAC which have also voted on issues which were in violation of
the Conflict of Interest Code - he feels is out of honest ignorance. Therefore, he
is making a motion to remove Mr. Willard Krick from the GPAC, and replace him
with the alternate.
Councilmember West asked if this motion was proper from a legal point of view;
Mayor ProTem Dannen stated he felt the item should be discussed in Closed
Session. Assistance City Attorney Thorson responded that the members serve at
the Will of the Council, therefore it is proper.
MOVED by Councilmember Wise; SECONDED by Councilmember West to remove
Mr. Willard Krick from the General Plan Advisory Committee, and to replace him
with the alternate.
Mayor ProTem Dannen recommended that this item be taken into Closed Session
for discussion.
Councilmember West removed his second and Councilmember Wise removed his
motion. Item to be moved into Closed Session for discussion and possible action.
E. NEW BUSINESS -CITY MANAGER
1. Continuation from October 1 City Council Meeting: Consideration of Proposals to
Provide Acoustical Consulting and Architectural Design Services for the Sound
Insulation of a Demonstration Home /Project Office and Development of a Detailed
Plan for Future Phases of El Segundo's Sound Insulation Program.
Mayor Jacobson stated per City Manager Cano's request, this item will be
discussed during Closed Session.
2. Update on City Water Conservation Program: A) Status /progress on Mandatory
Water Conservation Program - Ordinance No. 1160, B) Voluntary Toilet Retrofit
Program - draft ordinance, and C) Oral report on proposed water rate increases
by Metropolitan Water District of Southern California.
A) Status/Progress Report on Mandatory Water Conservation Program: Mr.
Putnam presented an oral update on the City's Water Conservation Program
stating the Mandatory Conservation Ordinance No. 1160 required a 20% reduction
in water usage compared to the 1989 -90 baseline period and the City has met with
those requirements. Information has been prepared and distributed to customers
addressing water bill calculation concerns, and information will also be printed on
the face of the water bill itself.
Mayor ProTem Dannen left the meeting at 9:00 p.m.
B) Voluntary Toilet Retrofit Program - Draft Ordinance: Mr. Putnam presented a
report on this program stating that Council adopted Ordinance No. 1160 as an
urgency ordinance on February 19 this year. During the past month the West
Basin Municipal Water District ( WBMWD) adopted the procedures establishing a
Toilet Retrofit Program for ultra low flow toilets which is to be effective for a two
year period of time. WBMWD and MWD will provide $75 of a $100 total rebate to
all persons who replace their standard water using toilets with one of these, and
the City will pay the $25 balance - along with 25% of the administrative costs of a
contractor WBMWD has hired to administer the program on their behalf - which
is estimated at $10. It is anticipated the City's payment to WBMWD would average
$35 per toilet. In order to participate the City is required to up -front a payment of
$35 times our estimate of the number of toilets to be retrofitted in the first year,
and at the end of each month, funds would be transferred from an account held
in the City's name to WBMWD at the rate of $25 plus our 25% share of the
administration costs.
City Council Minutes
6 October 15, 1991
Mayor Jacobson asked staff to research local administration instead of outside
contractor. Staff to return to Council with more data, and a drafted ordinance.
C) Oral Report on Proposed Water Rate Increases By Metropolitan Water District
of Southern California: Mr. Putnam stated a 37.8% increase is expected by next
year.
F. NEW BUSINESS -CITY ATTORNEY - NONE
G. NEW BUSINESS -CRY CLERK - NONE
H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilmember West
1. Agendize Nomination Requirements Check Sheet for the November
5 meeting.
Councilmember Wise - NONE
Mayor ProTem Dannen - NONE
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS
Sandy Jacobson addressed Council regarding the Library.
Stu Apllin addressed Council regarding sound insulation.
MEMORIAL - NONE
ADJOURNED to Closed Session at 9:15 P.M.
CLOSED SESSION
Council moved into a closed session at 9:15 P.M. pursuant to applicable law, including
the Brown Act (Government Code Sec. 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.
54956.8 Real Estate Neaotiations
§54956.9(a) ON a party to Qendina litiaation)
Clock Worthy vs City of El Segundo
§54947 Personnel Matters
One Matter
Meet & Confer
1 Matter
City Council returned to dias after Closed Session at 10:30 P.M. after considering the
following:
1. Noise Abatement
MOVED by Councilmember Wise; SECONDED by Councilmember West to award
contract to Wyle for 910 Hillcrest only. All others to be by competitive bid.
MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: Councilmember
Wise and Councilmember West; NOES: Mayor Jacobson and Mayor ProTem
Dannen 2/2.
MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to
award contract to Wyle Labs. Councilman Wise removed his second; Mayor
ProTem Dannen removed his motion.
City Council Minutes
7 October 15, 1991
MOVED by Mayor ProTem Dannen; SECONDED by Councilmember Wise to
award to Wyle Labs for 910 Hillcrest only. All others to be by competitive bid.
MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor ProTem
Dannen, Councilmember Wise and Councilmember West; NOES: Mayor
Jacobson 3/1.
2. General Plan Advisory Committee (GPAC) discussion and possible action on
various issues.
MOVED by Councilmember Wise; SECONDED by Councilmember West to remove
Mr. Willard Krick from the General Plan Advisory Committee and replace him with
the alternate. MOTION FAILED BY LACK OF MAJORITY AS THE FOLLOWING
VOICE VOTE: AYES: Councilmember Wise and Councilmember West; NOES:
Mayor Jacobson and Mayor ProTem Dannen 212.
3. Submitted Confidential Documentation by Mr. Frank Wong:
Mayor Jacboson stated this documentation will be transmitted to the District
Attorney's Office for review.
ADJOURNMENT at 11:20 P.M.
RECORDED,
RONALD L. HART, CMC /AAE
CITY CLERK
LORA FREEMAN,
DEPUTY CITY CLERK
City Council Minutes
8 October 15, 1991