1993 JUN 15 CC MIN-7KNUTES OF THE
REG -01 AR MEETTNG OF THE
EL SEGUNDO CITY COUNCIL MEETING - JUNE 15, 1993 - 7:00 P.M.
CALL TO ORDER Mayor Jacobson at 7:00 P.M.
INVOCATION - Pastor Dennis Estill, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE - Councilman West
PRESENTATIONS -
1. Proclamation - Respect for Law Week
MayorJacobson presented Chris Barrett and John Sellens, representing the Optimist Club, with
a Proclamation proclaiming June 14 -20, 1993 as Respect for Law Week.
ROLL CALL
Mayor Jacobson
- Present
Mayor ProTem Wise
- Present
Councilman West
- Present
Councilman Switi
- Present
Councilman Robbins
- Present
PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit)
Six (6) Individuals addressed Council
1. George Wiley, Chamber of Commerce President; reviewed the
accomplishments of the Chamber during the past year and
reinforced the need to continue to market El Segundo's Business
Community.
2. Request by Mr. Parker Harriott to discuss City Council Team Building Workshop
scheduled for June 26, 1993 in Bakersfield.
Parker Harriott, 224 24th Street, Hermosa Beach; questioned the City Council
about the Team Building workshop in Bakersfield.
3. Scot Dannen, 1127 E. Acacia; responded to Mr. Herriott's alleged
claim against the City.
4. Ordinance to make teenagers smoking or possessing tobacco products on Public
property illegal in El Segundo.
Willard Krick, 1414 E. Mariposa; 'Thanked the Council for their action on the passing
of an Ordinance against pornographic news stands. Also requested the Council to
investigate the possibility of passing an Ordinance against teenagers smoking in
public.
City Attorney directed to return to Council in memo with suggestion on an ordinance and
means of enforcing the prohibiting of teenager smoking in public.
5. Answer to Mr. Willard I:. W. Krick's questions on City's rights on Joint Use
Agreement presented at the 6/1/93 Council meeting.
Coumiainuta6(15193
1
Willard Krick, 1414 E. Mariposa; requested answers and interpretations to
questions he had posed at the June 1, 1993 meeting.,
6. Alternate proposal #2 on the Imperial School site.
Willard Krick, 1414 E. Mariposa; presented a proposal on the use of the Imperial
Street School Site, he also stated he did not agree with the method that Council
used for funding the Schools.
7. Ron Swanson, 1111 E. Grand; Thanked the Council for the
Volunteer Picnic, and commented on the Dare Graduation.
8. Frank Wong, 435 Valley Street; requested clarification on the money
allocated to the El Segundo School District.
Closed Public Hearing.
A. SPECIAL ORDERS OF BUSINESS -
1. First reading of an Ordinance of the City of El Segundo, California
amending Ordinance No. 758 by consenting to the sale, transfer, or assignment
of the subject Franchise from Shell Oil Company to Shell California Pipeline
Company.
Ken Putnam, Director of Public Works, gave a brief staff report.
MOVED by Councilman Switr. SECONDED by Mayor ProTem Wise to read by Title only.
MOTION PASSED BY UNANIMOUS VOICE VOTE; 5/0
City Attorney Lee Dolley read the following:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING ORDINANCE NO 758 BY CONSENTING TO THE
SALE, TRANSFER, OR ASSIGNMENT OF THE SUBJECT
FRANCHISE FROM SHELL OIL COMPANY TO SHELL CALIFORNIA
PIPELINE COMPANY
Councilman Robbins questioned the City Attorney if the preparation of a new agreement would
not be better.
City Attorney Lee Dolley, stated it would not appear necessary to execute a new agreement at
this time.
INTRODUCED BY Councilman Switz
2. Public Hearing - Consideration of FY 1993 /94 Annual Operating Budget.
City Manager Jim Morrison stated due to the review process, he felt it would be wise to
postpone discussion and decision on this till after the budget workshops.
Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the
consideration of FY 1993/94 annual operating budget. He asked if proper notice of the hearing
was done and if any written communications had been received.
Councidinute6 /15/93
2
Clerk Mortesen stated that proper notice was published by the Finance Department and no
written communications has been received regarding this matter.
Council opened Public Comments;
1. Nancy Wernick, 515 Loma Vista; requested a copy of the proposed budget
cuts.
2. Jeanne Yagley, 824 Maryland; requested Council to decrease the budget
rather than impose fees on the residents.
MOVED by Councilman Switz SECONDED by Councilman Robbins to continue the Public
hearing to June 21, 1993 at 5:30 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
Councilman Robbins is not participating on Item number 1 of this item.
1. General Plan quarterly update and discussion of two General Plan related
issues:
1) Overton, Moore and Associates (OMA) concerns on land uses allowed through
an existing Agreement Affecting Real Property (AARP); 2) Existing
inconsistency issues between the City's local Coastal Plan and the General Pland
use designations for the Coastal Zone.
Hyrum Fedje, Planning and Building & Safety gave a brief staff report.
Council received and filed this item.
C. REPORTS OF COM IITIEES, BOARDS AND COMMISSIONS -
1. Approve scheduling interviews on June 21, 1993 to fill the two vacancies on the
Board of Directors of the Senior Housing Corporation.
Council directed this item held over to the June 21, 1993 meeting.
2. Consideration and approval of amended El Segundo Community Cable
(ESCC) Rules and Regulations.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the
recommendation to amend the Community Cable Rules and Regulation. MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
City Attorney announced the following.
3. Cano settlement agreement.
City Attorney Lee Dolley reported that a compromise had been reached with Mr. and Mrs.
Ronald Cano for the purchase of their home which the City has agreed to buy for $500,000.
VOTE; AYES, MAYOR JACOBSON, MAYOR PROTEM WISE, AND COUNCILMAN WEST, NOES
COUNCILMAN ROBBINS, ABSENT COUNCILMAN SWI•I'Z.
Couwidinute6 /15/93
3
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 t
next heading of business.
1. Warrant Numbers 205324- 205564 on Demand Register Summary Number 25 in
total amount of $1,080,524.12.
2. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
3. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
4. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
5. CALLED FOR DISCUSSION BY COUNCILMAN SWITZ
6. Presentation to the City Council of two awards received by the City of El
Segundo for Excellence in Budgeting for our FY 1992 /93 Annual Budget.
7. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
8. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to approve items number
one and six of the consent agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
PI'EMS CALLED FOR DISCUSSION FROM THE CONSENT AGENDA
2. City Council meeting minutes of June 1 and June 9, 1993.
MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to approve the minutes of
the June 1, 1993 and June 9, 1993 meetings.
Councilman Robbins stated for the public record; I stopped submitting corrections to the City
Clerk when they were no longer being incorporated when she took over that duty, and also
when the City Council voted to approve incorrect minutes in violation of State Government
Code Sections.
Mayor Jacobson called the question.
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES, MAYOR JACOBSON, MAYOR
PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SVffl NOES, COUNCILMAN
ROBBINS 4/1
3. Renewal of contract for George G. Boghossian and Associates, Inc. far,
professional plan checking services of structural and special high -r,
construction projects; and the addition of The Compliance Group for
professional plan checking services of structural and special high -rise
construction projects.
MOVED by Councilman West SECONDED by Mayor ProTem Wise to approve the renewal of
contract for George G. Boghossian and Associates, Inc. for professional plan checking services
of structural and special high -rise construction projects; and the addition of The Compliance
Group for professional plan checking services of structural and special high -rise construction
projects. MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES MAYOR JACOBSON,
MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWTIZ, NOES,
COUNCILMAN ROBBINS. 4/1
Council suggested that the language be clarified on the next contract.
Counisinute& /15193
4
4. Approval of contract between A. L. Roark and Associates and the City of El
Segundo for Police Department computer system.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the contract
between A. L. Roark and Associates and the City of F1 Segundo for Police Department computer
system. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
5. Approval of Fire Department specifications for a 105 foot aerial ladder /quint
apparatus.
Councilman Switz requested this item be held over to the July 6, 1993 Meeting after the budget
discussion workshops.
Council consensus to hold item over.
7. Request for the City Council to approve the purchase of forty-two (42) Scott
Air Bottles for the Fire Department.
MOVED by Councilman Robbins SECONDED by Councilman Switz to approve the purchase
of forty-two (42) Scott Air Bottles for the fire Department. MOTION PASSED BY UNANIMOUS
VOICE VOTE 5/0
8. Request the City Council approve the purchase of one 14 ft., 6 inch aluminum
Step van with dual rear wheels for the Police Department.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the purchase of
one 14 ft., 6 inch aluminum Step van with dual rear wheels for the Police Department.
MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
RECESS 8:24 P.M.
RECONVENE 8:41 P.M.
All members present.
E. NEW BUSINESS - CITY MANAGER
1. Policies regarding use of Main Street parking lot for fundraising activities.
Rollie Wright, Director of Parks and Recreation gave it brief staff report.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt the policies
regarding the used of the Main Street/Mariposa Avenue parking lot, effective July 1, 1993.
City Attorney Lee Dolley intepreted Charitable Donations as being more limited than any non
profit organization in that they have to demonstrate the charitable nature of their eleemosynary.
AMENDED TO READ;
MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt the policies
regarding the used of the Main Street/Mariposa Avenue parking lot, effective July 1, 1993, with
the changes to remove the coma after organization under Policy 1.
AMENDED TO READ;
MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt the policies
regarding the used of the Main Street /Mariposa Avenue parking lot, effective July 1, 1993, with
the changes to remove the coma after organization under Policy 1, and add "or groups organized
to support the above organizations ". MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
Counciltinute6 /15/93
5
Councilman Switz stated he was unhappy with the drainage situation and would like to see an
alternate site used for this purpose.
Councilman Robbins questioned the gift of public funds.
City Attorney Lee Dolley stated that in this instance, organizations like this have sought city
approval to do certain things on City lots, you do allow charitable organizations and other
organizations to use your parks your streets and so forth, 1 don't think that under these kinds
of circumstances that a challenge based upon a gift of public funds is going to be acknowledge
by the courts.
MOVED by Councilman Swig to ask staff to explore the possibilities with the school district of
holding future car washes on the football field.
MOTION DIED DUE TO LACK OF SECOND
2. Consideration of a proposed ordinance regulating car alarms.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to read by Title only.
MOTION FAILED BY THE FOLLOWING VOICE VOTE; AYES, MAYOR JACOBSON, MAYOR
PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ, NOES, COUNCILMAN
ROBBINS 4/1
City Attorney Lee Dolley read the entire ordinance;
ORDINANCE NO
ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9.58 PERTAINING TO MOTOR
VEHICLE ALARMS.
The El Segundo City Council does ordain as follows:
SECTION ONE: This Council hereby finds and determines that:
(a) Due to the substantial increase in the number of motor vehicle
alarms used within the City that the false alarms emitted by such
alarhave reached an unacceptably high number; and,
(b) Such false alarms necessitate a response by the El Segundo Police
Department when an emergency situation does not exist, thereby
unnecessarily utilizing police resources; and,
(c) Such False alarms also disturb neighboring residents and business
owners and operators, whose residences and businesses are located
near the motor vehicle emitting the false alarm; and,
(d) Such false alarms have resulted in undue economic hardship due to
a loss of rental income; and,
(e) Such False alarms constitute a public nuisance.
SECTION TWO: The El Segundo Municipal Code is hereby amended by adding thereto
Chapter 9.58 to read as follows:
CouneillinuteG /15/93
6
TrIU NINE
MOTOR VEHICLE ALARMS
Section DIA-INITIONS
For the purpose of this chapter, the following definitions shall be applied to the terms
utilized in this chapter unless it appears from the context that a different meaning is intended:
(a) "Emergency situation" means any situation where life of property is
in physical jeopardy.
(b) 'False alarm" means an alarm signal emitting from a motor vehicle
necessitating a response by the police department where an
emergence situation does not exist.
(c) "Motor Vehicle" or "Vehicle" means a vehicle which is self - propelled as defined in
California Vehicle Code Section.
Section TIME RESTRICTION
A. It is unlawful for any person to cause, allow or permit any alarm located in a
motor vehicle registered in the name of or driven by such person to emit any
audible sound within the city for a period of more than five minutes.
B. The time shall be calculated based upon the emission of the first
audible sound ending five minutes thereafter notwithstanding any
variation or delay in the emissions of audible sound.
Section ENFQRCEMIiNT 01, FALSE. AI.AIZMS
Any vehicle parked in a public right of way, parking lot, parking structure,
or other public property is subject to enforcement under this ordinance. In
addition, any vehicle parked on private property may be cited hereunder where
the false alarm is clearly audible on the public thoroughfare or nearby private
properties. Any owner of private property upon which a vehicle emitting a false
alarm is parked may summon City enforcement authorities for the purpose of
citing the offending vehicle.
Section EXCESSWE FALSE ALARMS
It shall be unlawful for any person to cause, allow or permit an alarm to be
emitted from a motor vehicle registered in the name of or driven by such person.
Any violation of this chapter shall be an infraction. The first such violation shall
be punishable by a fine of not more than one hundred dollars ($100.00). The
second infraction occurring within one year of the first violation shall be
punishable by a fine not exceeding two hundred dollars ($200.00). Every violation
occurring after the second violation within one year of the first violation shall be
punishable by a fine not to exceed five hundred dollars ($500.00).
Section NUISANCE
Any violation of this chapter is declared a public nuisance which is subject
to abatement pursuant to the procedures described in this chapter and is
authorized by law.
Counci$i nut e6 /15/93
Section ABATEMENT
A. The police department in order to abate the public nuisance created by
a vehicle in violation of this chapter may undertake such procedures as are
reasonably necessary to deactivate the alarm.
B. Should the police department be unable to deactivate the alarm, the vehicle
shall be removed in accordance with the provisions of California Vehicle Code Section
22651.5.
SECTION THREE: If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
the ordinance. The El Segundo City Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence, clause, phrase or word not declared
invalid or unconstitutional without regard to whether any portion of the ordinance would be
declared subsequently invalid or unconstitutional.
SUCTION FOUR: The City Clerk shall certify to the passage and adoption of this
ordinance; shall causes the same to be entered in the book of original ordinances of said City;
shall make a minute of the passage and adoption thereof in the records of the meeting at which
the same is passed and adopted; and shall within fifteen days after passage and adoption thereo`^
cause the same to be published once in the El Segundo I lerald, a weekly newspaper of genera.
circulation, published and circulated within said City of l;l Segundo and which is hereby
designated for that purpose.
INTRODUCED BY COUNCILMAN SWITZ
City Attorney Lee Dolley stated that multiple infractions do not become a misdemeanor.
3. Solid Waste Program -- Update on Status.
Recommendation -
1) Discussion.
2) Approve Agreement to provide residential refuse service with a firm
recommended by staff.
3) Adopt specifications and direct staff to advertise for bids for the
public buildings and street cans refuse service.
Council consensus to hold this item over to June 21, 1993 Meeting.
4. Request for adoption of the Mitigation Monitoring Program of
the City's General Plan Environmental Impact Report.
Hyrum Fedje gave a brief staff report.
Councilman Robbins requested a ruling for Conflict of Interest.
City Attorney Lee Dolley stated that document is generic in format and there would be no
conflict in this instance.
City Attorney Lee Dolley stated CEQA amended a couple of years ago, to add the Mitigation
Monitoring Implementation Plan, the City Council might remember that El Segundo has the first
such plan and maybe a good example of the way it ought to work. The General Plan, because
it has an environmental document attached to it, was required to have a Mitigation Monitoring
Implementation Plan, hence a new document which is designed solely to make sure that if
something is going to be a mitigation measure, that indeed it is implemented and followed
through.
Councfdi nut a6 /15/93
a
MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt the Mitigation
Monitoring Project of the City's General Plan Environmental Impact Report.
Councilman Robbins requested more time to investigate this issue.
MOTION WITHDRAWN
Council consensus to hold this item over to July 6, 1993 Meeting.
City Manager Jim Morrison requested the Council to address two urgency items that arose after
the posting of the agenda.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to hear the next two urgency
items which arose after the posting of the Agenda. MOTION PASSED BY THE FOLLOWING
VOICE VOTE; AYES, MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND
COUNCILMAN SWITZ, NOES, COUNCILMAN ROBBINS 4/1
5. Review of proposals from local brokers on the sale of Cano home.
City Manager Jim Morrison gave a brief staff report.
MOVE by Mayor ProTem Wise SECONDED by Councilman West to approve the City Managers
recommendation to list the property with Bill Ruane of Re -Max. MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
6. Assemblywomen Debra Bowen correspondence on State Budget
Negotiation.
Assistant City Manager Don I larrison gave a brief staff report.
MOVED by Mayor ProTem Wise SECONDED Councilman West to adopt policy to oppose any
shift of local revenues to the State but support proposals which reduce the amount of any
revenue shifts from local government to the State and is encouraged by reported reduction of
proposed shift in local government revenues below the $1 billion level and the reduction of shift
from cities to $234 million. If any shift is forced, the shift should be based upon the distribution
of AB S "bailout" funds. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
F. NEW BUSINESS - CITY ATTORNEY - NONE
G. NEW BUSINESS - CITY CLERK - NONE
H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman West -
1. Commercial apartment trash pick -up services.
Councilman West stated he felt that commercial residential property should not be included in
the portion of the trash contract. He felt that apartment owners should negotiate for there own
trash pick up services.
Councilman Robbins stated he does not agree to charge people for this service.
MayorJacobson stated that he does not want to raise fees to business and cannot agree with this
proposal.
Councilman Switi requested further discussion on this be held over until the budget process
is addressed.
CoumiEinuteQ l S( 93
9
Councilman Robbins - NONE
Councilman Switz - NONE
Mayor ProTem Wise - NONE
He would appreciat agenda item questions be addressed before the item is presented on the
dias.
Mayor Jacobson -
1. Consideration of City Council Policy regarding the video taping of City
Council meetings.
Mayor Jacobson read a policy he had developed for this issue.
MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the Council
policy statement regarding video taping of City Council Meetings introduced by Mayor Jacobson.
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES MAYOR JACOBSON, MAYOR
PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWM, NOES, COUNCILMAN
ROBBINS. 4/1
PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit)
MEMORIALS
CLOSED SESSION
The City Council moved into closed session pursuant to applicable law, including the Brown Act
(Government Code Sec. 54950, et seq.) 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)
Parker Herriott Claim vs
Los Angeles (I lyperion) vs
LACTC vs
Radich vs
Rodeo Tire vs
Spencer vs
GC 54956.9 (b) (City might r
Seven (7) Matters
GC 54957 Personnel Matters
Two (2) Matters
El Segundo
El Segundo
El Segundo
El Segundo
El Segundo
El Segundo
lave significant exposure to litigation)
ADJOURNMENT at 11:00 P.M. to June 21, 1993 at 5:30 P.M.
r-
ir�dy Morten, City Clerk
C o unc ills nut a 61 1519 3
10