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1992 JUL 21 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 21, 1992 - 7:00 p.m. Resolution No. 3777 Ordinance No. 1184 CAId�D TO ORDER by Mayor Jacobson at 7:06 p.m. INVOCATION given by Father Frederick Chunn, Saint Patrick's Celtic Catholic Church. PLEDGE OF ALLEGIANCE led by Councilman West. PRESENTATIONS 1. City Council proclaimed July 22-26,1992 "Guaymas - El Segundo Sister City Days ", and Mayor Jacobson presented Proclamation to Tim Grimmond. ROLL CALL Councilman Robbins - Present Councilman Switz - Present Councilman West - Present Mayor ProTem Wise - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS -(City Business Only -5 minute limit) Seventeen individuals addressed the City Council. City Attorney Dolley made an announcement regarding Rich Reed's Complaint stating that the City Council had discussed those complaint in Closed Session and the City had determined the complaint as totally unfounded, and that Mr. Reed should at this time direct his complaint elsewhere. 1. Carl Patrick - Oil, Chemical and Atomic Workers Union Health Regarding Safety and Environment. Request by Mr. Patrick to continue his item to the next meeting. 3. Scot Dannen - Addressina budeet. 4. Scot Dannen - Addressing Council conduct. 5. Scot Dannen - Addressing Imperial Street School Site. Scot Dannen, 1127 E. Acacia, addressed Council stating he felt the water rate adjustment was unnecessary, and that there was $7.1 million in reserves in the Water Fund and $23 million in reserves in the General Fund. Further stating he felt there was a possible conflict of interest regarding Councilman Robbins vote on raising tax on residents and reducing tax on business - especially where Hughes is concerned because of his being an employee of Hughes and Councilman Switz is a retired employee. He then commented on the Sewer Tax Plan and Hyperion. Mr. Dannen then addressed Council conduct and presented a slide presentation with allegations of violation of El Segundo Municipal Code 2.09 regarding anonymous contributions on Councilman Robbins Form 490's for both the 1991 and 1992 Campaign Expenditure Statements, and stated Councilman Robbins owed the City's general fund $890.00 due to the violation. Councilman Robbins responded that he was the only councilmembers who voted against the 50% water rate increase, and that on July 20 he asked that it be agendized for reconsideration. He asked for clarification from the City Attorney regarding conflict of interest. City Attorney Dolley clarified if the tax affects all of the businesses similarly then it would not be a conflict of interest and he would review the tape and qualify the answer. Councilman Robbins addressed comments regarding his campaign expenditure forms stating he had checked with the Fair Political Practices Commission on all the forms he completed, and Mr. Dannen's allegations were incorrect. Mayor ProTem Wise felt that Mr. Dannen's comments deserved to be looked into. 6. Rich Reed - Alleged Misconduct of members of the El Segundo Police Department. Rich Reed asked for clarification on City Attorney's statement; City Attorney Dolley repeated his earlier statement. Mr. Reed read a comment aloud. City Council July 21, 1992 - 7:00 p.m. Jeanne Dawson, 401 Bungalow, stated she did not know how the Council could decide not to proceed with a complaint without talking with the complainant or witness. 2. Request of El Segundo Club Soccer to hold car wash on City lot on August 8, 1992. Wayne Peters, El Segundo Club Soccer asked for Council's approval of their request; Councilman Switz suggested future events be held on grass areas in order not to waste water runoff, Council concurred. MOVED by Councilman West; SECONDED by Mayor ProTem Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Walt Baynes, 336 Hillcrest addressed Council asking them to support funding for the schools. Mac Dalgleish, 624 Sierra Street addressed Council on Council conduct; Mr. Dannen's comments about Councilman Robbins, and asked them to approve funding to the schools. Mayor Jacobson responded that he had proposed $500,000- $600,000, but was not in favor of the options already presented. Pat Hussian 336 Hillcrest thanked the Recreation and Park staff for all of the programs, and stated she appreciated the Library services. Concerned with the schools financial situation and asked Council for their support. Walt Baynes commented on Council's conduct, and thanked Mayor Jacobson for his vote last night and apologized for his misunderstanding that he had not offered support to the schools. Gail Church, Tree Musketeers thanked Council for their support regarding Memory Park. Willard Krick, 1414 E. Mariposa Avenue asked clarification regarding Councilman Robbins request to agendize for reconsideration the recent water rate increase; commented on the business tax ordinance; and announced as President of the El Segundo Residents Association that there would be a presentation on Earthquake Preparedness tomorrow night by the El Segundo Police Department at 7 :00 p.m. in the Joslyn Center. Councilman Robbins responded that the item regarding the water increase was put on the agenda last night for reconsideration; Mayor Jacobson then responded to the question on the employee tax exemption. Len Bonilla, 929 Dune Street requested Council's support on helping the schools financially, and he hoped that Mayor Jacobson's legacy would not be that he failed to support the schools. Mayor Jacobson responded that he was in favor of helping the schools, and that he only disagreed with the concept being proposed. Councilman Switz left dais at 8:14 p.m. and returned at 8:16 p.m. Scot Dannen, 1127 E. Acacia stated it took the old Council approximately a year to agree with a concept and the schools do not have that long. The El Segundo Community Group would be meeting at the Library tomorrow at 7:00 p.m. to discuss the situation. Liz Garnholz stated she felt Mayor Jacobson's legacy would be of the service he did for the community while he served on the LAX Committee which resulted in residents no longer having to sign an easement just a certificate. Mayor ProTem Wise left dais at 8:15 and returned at 8:17 p.m. Chris Powell, 1233 Oak responded to Councilmen Robbins and Switz comments of July 20, the School Board's books are always open for inspection and Council was welcome to inspect them. Gert Vagley, Mariposa Avenue stated the residents have trust and faith in the newly elected Councilmembers to make the right decision regarding the school funding. PaM Paynter, 920 Dune asked to have Councilman West's item taken out of order, and that Omh.^ the legacy of Mayor Jacobson, Mayor ProTem Wise, and Ex -Mayor ProTem Dannen would be the Hyperion asking the Council to follow that same concept. Further stating that the schools situation was unique and needed to be resolved in a unique way. City Council 2 July 21, 1992 - 7:00 p.m. Joe Vitori, 124 W. Oak stated concern using residents money to support another government body, and questioned if there was a problem regarding a gift of public funds. City Attorney Dolley responded that after researching the issue, he found that Council can allocate funds for the school district without it being a gift of public funds. He stated that the most recent opinion was that the Council may allocate funds to the School District Funds with no strings attached. Mayor Jacobson closed public communications due to no more public input. RECESS at 8:35 p.m. RECONVENED at 8:50 p.m. ROLL CALL All Councilmembers present. I. NEW BUSINESS AND REPORTS - CITY COUNCII11IE111IBER.9 Mayor Jacobson pulled this item out of order per request. - Councilman West- 1 . Imperial School Site. Councilman West presented a report regarding the budget and a "Lease Purchase Agreement ". Discussion followed. MOVED by Councilman West; SECONDED by Mayor ProTem Wise - with discussion - proposed a long term solution that the sub - agency of the School Board with the sub- agency of the Council enter into negotiation to use a lease /purchase plan, what ever the two bodies agree upon to amend the School District problems. MOTION AMENDED by Councilman West; SECONDED by Mayor ProTem Wise to enter into a ten (10) year lease /purchase plan with the first five years payment being $750,000 per year, and structure for the next five years at an agreeable decreasing rate. Discussion followed. Councilman Switz stated he had been uninformed and understood that it would be a gift of public funds to allocate monies to the School District, and did not know that it was not. No one from the School District or School Board had responded to his requests to come before the Council and give a report of how the funds would be used and controlled, and before approving any funds he wanted a report. He felt there were other ways to handle the situation, and that he was weary of individuals who state that he is against the schools because they are incorrect. Mayor ProTem Wise responded that School Board representatives have addressed the Council before and he did not expect fellow elected officials to come forward and account line item for line item, nor should have to. Further stating that the School Board would be selling this property either to the City or another source. Councilman Robbins stated concern regarding gift of public funds, and that should the City Attorney be incorrect then it would be the individual Councilmembers who would be personally responsible. Further stating that he voted yes on both Proposition B and K and supports the schools, and felt there were other options and wanted to know more information before making a decision. Mayor Jacobson called the question: MOTION FAILED BY THE FOLLOWING VOICE VOTE 2IS - AYES: Mayor ProTem Wise and Councilman West, NOES: Mayor Jacobson and Councilmembers Robbins and Switz. MOVED by Councilman Robbins to ask the City Attorney to look into use of Development Fees in purchase of Imperial Street School site; Motion died due to lack of second. Discussion followed. MOVED by Councilman Switz; SECONDED by Councilman West - with discussion - for the City to carry a Promassory Note on the Imperial Street School site, and that the City Attorney look into the funding mechanism. Discussion followed. City Attorney Dolley stated that he had rendered opinions in the past concerning this. He would prepare a report and make available his previous report, and that Dr. Manahan also did a report. City Council 3 July 21, 1992 - 7:00 p.m. Mayor ProTem Wise asked Councilman Switz to amend his motion to allocate $750,000 to the Schools for next five years, Council would review those reports for future funding, and the mechanism to be discussed and finalized later; Councilman Switz declined to amend his motion. City Attorney Dolley advised Council that the item could be discussed as a budget item because the budget was on the agenda. AMENDEDMOTIONby Councilman Switz; SECONDEDby Councilman West to create a funding stream by a promissory note by using the Imperial Street School site as collateral. Mayor ProTem Wise stated the schools needed long term stability, and that they have already declared the property surplused and would be selling it. Mayor Jacobson called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 312 - AYES: Mayor Jacobson, Councilmembers Robbins and Switz. NOES: Mayor ProTem Wise and Councilman West. A. SPECIAL ORDER OF BUSINESS Public Hearin On FY 1992 -93 Operating Budget and Capital Improvement Program Budget. Mayor Jacobson announced this was a public hearing on the proposed FY 1992 -93 Operating Budget and Capital Improvement Budget, and asked City Clerk Mortesen whether proper noticing was done in a timely manner, and whether any written communications had been received by the Clerk's Office. Clerk Mortesen responded the notice was published, and that no written communications had been received by the Clerk's Office. MOVED by Councilman West; SECONDED by Mayor ProTem Wise to continue the public hearing to August 4. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to appropriate $750,000 for five years - for a minimum of five years - with the mechanism to be discussed and finalized later. Discussion followed. Councilman Switz asked the motion to be amended to include that an account be set up so at a future date the Council would be able to see how the funds were used; Mayor ProTem Wise concurred. AMENDED MOVED by Mayor ProTem Wise; SECONDED by Councilman West to appropriate $750,000 for five years with the mechanism to be discussed and finalized later, and that an account be created showing how the funds were used. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/2 - AYES: Mayor Jacobson, Mayor ProTem Wise and Councilman West NOES: Councilmembers Robbins and Switz. RECESS at 9:50 p.m. RECONVENED at 10:12 p.m. ROLL CALL All Councilmembers present. B. UNF NISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Announcement of Library Board of Trustees appointments. Mayor Jacobson announced that Bill McCoy and Walter Lee were appointed to the Library Board of Trustees for three year terms. H. NEW BUSINESS - CITY TREASURER Mayor Jacobson took item out of order by request of City Treasurer. 1. Schedule an interview date with applicants for the Investment Advisory Committee; or, if an insufficient number of annlications have been received, extend the filing period. Council consensus to schedule the following interview dates: Investment Advisory Committee and the Senior Housing Board - August 10 at 7:00 p.m., Qtr Manager Interviews -August 11 at 6:00 p.m.= and Budget - August 3 at 7:00 p.m. City Council 4 July 21, 1992 - 7:00 p.m. 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 41500 -41578 in Demand Register Summary Number 1 in total amount of $988.161.41 FY 1992 -93). Approved Warrant Demand Register and Authorised staff to release, and ratified payroll and employee benefit checks, checks released early due to contracts or agreements, and emergency disbursements and/or adjustments. 2. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 3. CALLED FOR DISCUSSION BY COUNCILMAN SWITZ. 4. Cleaning and Closed Circuit Television (CCTV) Inspection of sewer lines, Phase 3, Project Number PW 92 -1. Awarded contract to Empire Pipe Cleaning and Equipment, Inc. in the amount of $24,276.36, and authorised Mayor to sign construction agreement. 5. Repair of Sewer Lines 1991 -92, Project Number PW 92 -2. Awarded contract to Glamusina Construction Company, Inc. in the amount of $74, 082.00, and authorised Mayor to sign construction agreement, 6. CALLED FOR DISCUSSION BY COUNCILMAN SWITZ. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to approve the Consent Agenda except those Item #2, #3, and #6 called for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA 2. Warrant Numbers 41579 -41841 in Demand Register Summary Number 26 in total amount of $488,321.98 (FY 1991 -92). Councilman Robbins stated he disagreed with one item on the consent agenda. MOVED by Councilman Switz; SECONDED by Councilman West to approve Warrant Demand Register and authorize staff to release, and ratify payroll and employee benefit checks, checks released early due to contracts or agreements, and emergency disbursements and /or adjustments. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1- AYES: Mayor Jacobson, Mayor ProTem Wise and Councilmembers Swits and West. NOES: Councilman Robbins. 3. Consideration of bids for Sound Insulation Modification of dwelling at 910 Hillcrest Street, and consideration of new plans and specifications for same. Councilman Switz asked if this included carpet, etc.; Don Harrison, Assistant City Manager, responded that it did not. Discussion followed. MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to reject all bids for the project, approve new plans and specifications, and direct staff to advertise project and solicit bids. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 6. Annual Volunteer Recognition Event. Councilman Switz stated he felt this was needed and worthwhile, and asked staff to set up a system which would verify that guests had paid. MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to approve. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilman West asked to reconsider the Consent Agenda because he wished to pull Item Number 5 for discussion due to it being so close to his home. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to reconsider Consent Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. D. CONSENT AGENDA - RECONSIDERED 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. 5. PULLED FOR DISCUSSION BY COUNCILMAN WEST. City Council 5 July 21, 1992 - 7:00 p.m. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to approve the Consent Agenda except those Item #2, #3, #5 and #6 called for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE 5ro. 5. Repair of Sewer Lines 1991 -92, Project Number PW 92 -2. MOVED by Mayor ProTem Wise; SECONDED by Councilman Switz to award contract to Glamuzina Construction Company, Inc. in the amount of $74,082.00, and authorize Mayor to sign construction agreement. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Mayor ProTem Wise and Councilmen Robbins and Swits. NOES: None. ABSTENTIONS: Councilman West. E. NEW BUSINESS - CITY MANAGER 1. Oral update regarding Hyperion Mitigation Monitoring Implementation Plan and mosquito problems at Hyperion. Assistant City Manager Harrison presented a brief background and update report. Len Bonilla read the minutes of the Hyperion meeting regarding Mosquito problems. Dream Atallah, RBF explained the dispute resolution process. Dorothy Kent Mosquito / odor problems. Council consensus to push harder with the City of Los Angeles. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS - CITY TREASURER 1. Taken out of order earlier during the meeting. I. NEW BUSINESS AND REPORTS - CITY COLNCII.MEII�ERB Councilman Robbins - NONE Councilman Switz - NONE - Councilman West 1. Staff time and expense to prepare reports for City Council. Councilman West urged Council not to individually order reports from staff, and that any reports requiring extensive research should be requested through the City Manager. Discussion followed. Council consensus that all extensive research reports to have Council consensus before going to staff. 2. Taken out of order earlier during the meeting. - Mayor ProTem Wise - NONE Mayor Jacobson 1. Pre - Earthauake Inspection Proeram for owner - occupied residences. Hyrum Fedje, Director of Planning and Building Safety, stated they could offer an inspection service for homes in town - money could be received from CDBG to inspect and do retrofiting for seniors, single - family occupied - and seniors who rely on income from a rental home in El Segundo. Free inspection to houses on time available bases. Homeowner to sign a hold harmless agreement obtained from the City Attorney. Council consensus to continue item to August 4. PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) Scot Dannen, 1127 E. Acacia addressed Council thanking Mayor Jacobson for the school funding, and regarding the campaign expenditure statements by Councilman Robbins stating formal allegations of violation of El Segundo Municipal Code 2.09, and asking the City Attorney, City Treasurer, and City Clerk proceed. Further repeating his requests made at the Council meeting of July 20 regarding files in the City Attorney's safe. City Attorney Dolley stated in reference to last request that he would respond to the Government Code in the proper manner. Mayor Jacobson closed public communications portion of the meeting. CLOSED SESSION - NONE ADJOURNWENT at 11:08 p.m. to August 3, 1992 at 7:00 p.m. % � r Lo Freeman, Debuty City Clerk City Council 6 July 21, 1992 - 7:00 p.m.