1993 MAR 16 CC MIN-7MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
March 16, 1993 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobson at 7:04 pm
INVOCATION given by Reverend Donald Chisholm, Church of Christ
PLEDGE OF ALLEGIANCE led by Mayor Pro Tern Wise
PRESENTATIONS
1. City Council proclaimed April, 1993 as Literacy Awareness Month, and Councilman
Switz presented proclamation to Principal Librarian Debra Brighton.
2. City Council recognized Recreation Leader Neil Wallace for his outstanding service,
and Mayor Jacobson presented him with a plaque.
ROLL CALL
Councilman Robbins
Councilman Switz
Councilman West
Mayor ProTem Wise
Mayor Jacobson
- Present
- Present
- Present
- Present
- Present
PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit)
Five individuals addressed Council.
1. Edgar and Carolina Leal request for a mobile food cart.
Continued to April 6, 1993 per applicant's request.
2. Virginia Brewer requests to discuss:
1) The 1992 December 12th team building workshop with facilitator in Torrance; 2) To
address Mayor Carl Jacobson and City Attorney Lee Dolley's legal statement rulings, in
public City Council hearings, regarding conflict of interest; and 3) Outdated library
material in the El Segundo Library.
Continued to April 6, 1993 per Virginia Brewer's request.
Scot Dannen, 1127 E. Acacia addressed Council congratulating Councilman Robbins for
being exonerated by the District Attorney. Further stating he still wanted to know what booth
at what fair he gathered money at for his campaign, and then questioned Councilman
Robbins getting three city council agenda packets.
Fred Behfarin, President ABCO Corporation addressed Council requesting to speak on
Consent Agenda Item No. 10 when it comes up for discussion.
Deputy City Clerk Freeman read letter from J.C. Deck into the public record per request:
"Dear Madam Clerk: I submitted a letter to you on February 14, 1993 which you read into the
record during Public Communications at the council meeting of February 16, 1993. There
were five questions I wanted answered. The Mayor requested that the City Attorney respond
to these questions and Leland Dolley said he would be glad to answer the questions. He also
said he would provide the answers to the City Clerk so that anyone else could get a copy as
a public record. The attorney said these same questions have been answered several times
in the last 2 -3 years. The answers were to have been provided before the next regular council
meeting of March 2, 1993. As of today, March 15, 1993, 1 have not received any response. I
called your office today and they said your office also has not received the answers to the
questions. Please read this letter and the same attached questions during the Public
Communications portion of the agenda at the March 16, 1993 meeting. I'm sorry I can not
attend due to poor health, but I really want to know the answers to these questions.
City Attorney Dolley stated his response would be finalized by the end of the week.
Parker Herriot - Hermosa Beach addressed Council requesting a written response from the
City Attorney of whether or not it is required to have an audio tape of meetings. He then
asked the Council what question Detective Mason of the Torrance Police Department asked
regarding the attack by Councilman West at the December 12, 1992 Council Team Building
Workshop held in Torrance, and their response.
Councilman Robbins stated that he saw Alan West grab Mr. Herriot and drag him.
City Council Minutes
March 16, 1993
City Attorney Dolley informed Council this was a matter under criminal investigation which had
not been completed to his knowledge, and then advised them to not make any further
statements at that time.
Steve Lennon, 812 Hillcrest Street addressed Council informing them after visiting 910 Hillcrest
Street he found the windows being used were stiff windows, and asked them to check into it
prior to making any payments.
Mayor Jacobson Closed Public Communications.
A. SPECIAL ORDERS OF BUSINESS
1. Resolution of Intention to approve an amendment to contract between the Board of
Administration of the Public Employees Retirement System (PERS) and the City
Council of the City of El Segundo.
Don Bott, Director of Human Resources, presented a brief report to Council.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read ordinance
by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read by Title Only:
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM.
INTRODUCED by Mayor ProTem Wise.
MOVED by Councilman Robbins; SECONDED by Councilman West to read resolution
by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read by Title Only:
RESOLUTION 3804
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO.
MOVED by Councilman West; SECONDED by Councilman Robbins to adopt
Resolution 3804. MOT10N PASSED BY UNANIMOUS VOICE VOTE.
B. UNFINISHED BUSINESS
1. Project Construction Manager for the aolf course and driving range project.
Ken Putnam, Director of Public Works, requested continuance to March 24 due to staff
not receiving all of the financial information yet.
Mayor ProTem Wise questioned if the schedule would be affected; Mr. Putnam
responded it would not.
Council consensus to continue to March 24, 1993.
2. Second reading and adoption of the City's Transportation Demand Management (TDM)
Ordinance, and adoption of a resolution revising the City's CEQA Guidelines to include
a Land Use Analysis Program.
Councilman Robbins left the dais, and did not participate on this item.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read by Title
only. MOTION PASSED BY THE FOLLOWING VOICE VOTE - AYES: Mayor Jacobson,
Mayor ProTem Wise, and Councilmembers Swiitz and West. NOES: None. NOT
PARTICIPATING: Councilman Robbins.
City Attorney Dolley read by Title Only:
ORDINANCE 1192
AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING CHAPTER 20.55 OF
THE EL SEGUNDO MUNICIPAL CODE REGARDING TRIP REDUCTION AND TRAVEL
DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE
SECTIONS 65089 AND 65089.3, AND AMENDING CERTAIN SECTIONS IN CHAPTER
20.08, 20.54 AND 20.56 OF THE EL SEGUNDO MUNICIPAL CODE RELATED TO
TRANSPORTATION SYSTEMS MANAGEMENT.
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March 16, 1993
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Ordinance
1192. MOTION PASSED BY THE FOLLOWING VOICE VOTE - AYES: Mayor
Jacobson, Mayor ProTem Wise, and Councilmembers Switz and West. NOES: None.
NOT PARTICIPATING: Councilman Robbins.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read resolution
by title only. MOTION PASSED BY THE FOLLOWING VOICE VOTE - AYES: Mayor
Jacobson, Mayor ProTem Wise, and Councilmembers Switz and West. NOES: None.
NOT PARTICIPATING: Councilman Robbins.
City Attorney Dolley read by Title Only:
RESOLUTION 3905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADOPTING PROCEDURES FOR THE IMPLEMENTATION OF
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
RESCINDING RESOLUTION 3517.
MOVED by Councilman West; SECONDED by Mayor ProTem Wise to adopt Resolution
3805. MOTION PASSED BY THE FOLLOWING VOICE VOTE - AYES: Mayor
Jacobson, Mayor ProTem Wise, and Councilmembers Switz and West. NOES: None.
NOT PARTICIPATING: Councilman Robbins.
Councilman Robbins returned to the dais.
3. Second reading and adoption of the Historic Preservation Ordinance, and amendment
to Title 20 of the El Segundo Municipal Code.
MOVED by Councilman West; SECONDED by Mayor ProTem Wise to read ordinance
by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read by Title Only:
ORDINANCE 1193
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20
OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING CHAPTER 20.52 ENTITLED
HISTORIC PRESERVATION.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Ordinance
1193. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley stated he would report to the Council on reduction of permit fees
and business license in two weeks.
4. Water conservation in landscaping ordinance.
MOVED by Councilman West; SECONDED by Mayor ProTem Wise to read ordinance
by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney read by Title Only:
ORDINANCE 1194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADDING CHAPTER 13.05 TO THE CITY OF EL SEGUNDO'S MUNICIPAL
CODE REGARDING POLICIES FOR WATER CONSERVING LANDSCAPES.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Ordinance
1194. MOT10N PASSED BY UNANIMOUS VOICE VOTE.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read resolution
by title only. MOT10N PASSED BY UNANIMOUS VOICE VOTE.
City Attorney read by Title Only:
RESOLUTION 3806
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
APPROVING THE POLICIES FOR SUPPLEMENTING THE CITY OF SEGUNDO'S
WATER CONSERVATION IN LANDSCAPING ORDINANCE NO. 1194.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Resolution
3806. MOTION PASSED BY UNANIMOUS VOICE VOTE.
C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
Recommendation on a professional economic development consulting firm to facilitate
the preparation of an Economic Development Strategic Plan.
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March 16, 1993
Karen Ackland and Mary Steiner, Co- Chairs of the Economic Development Committee
Business Assistance Center, presented a recommendation to contract with a
consultant for the Strategic Plan as directed by the Council on December 21, 1992.
Then submitted a Confidential Evaluation of the Candidates.
Councilman Switz asked Ms. Ackland to identify the Task Force members; Ms. Ackland
responded that the City's Planning and Building Safety Director Hyrum Fedje, President
of the El Segundo Chamber of Commerce George Wiley, President Elect of the El
Segundo Chamber of Commerce Sandy Jacobs, Mike Holmes of Chevron, Co-
Chairwoman of the Task Force, and Mary Steiner Co -Chair and Executive Assistant to
City Manager are the representatives.
Councilman Robbins questioned why the evaluation of the different candidates was
being submitted for Council review immediately before voting on that item, and not
earlier; Ms. Steiner responded it was due to the Committee deciding to go out for a
Request For Proposal to get some determination of cost to perform a Scope of Work;
the Council did not originally ask them to go out for a Request For Proposal, and
because the Task Force wanted to make this a comprehensive grid normally they
would not include a document in a public package exposing strengths and
weaknesses of the candidates.
Mayor Jacobson stated that it had been a long standing policy that they receive any
material in advance to allow them time to review it.
MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to direct staff to
prepare contract with Chabin Concepts, Inc. to provide professional services in
developing and preparing an Economic Development Strategic Plan for the City, and
return to Council for approval. Also, they requested the Task Force to make
recommendations on composition of the committee for the Economic Development
Strategic Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE.
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. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS.
2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS.
3. Addendum to Memorandum of Understanding between the City of El Segundo and the
El Segundo Firefighters Association, California Teamsters Local 911.
Approved Addendum to the Memorandum of Understanding.
4. PULLED FOR DISCUSSION BY COUNCILMAN WEST.
5. PULLED FOR DISCUSSION BY MAYOR PRO TEM WISE.
6. Request Council to allow staff to begin formal bid procedures on 21 self contained
breathing apparatus for the Fire Department.
Approved request and allow staff to seek competitive formal bids for 21 self
contained breathing apparatus for the Fire Department as stated in the FY 1992/93
budget.
7. PULLED FOR DISCUSSION BY COUNCILMAN SWITZ.
8. Program for drop -off of household hazardous waste materials on April 24, 1993.
Authorized the distribution of the pamphlet supplied by the Los Angeles County
Department of Public Works and Sanitation Districts of Los Angeles County by use of
the El Segundo Herald.
9. 1990 -91 heater remix and asphalt concrete overlay project, Specifications No. PW 91 -9.
Ratified Change Order #1 in the amount of $7,220.
10. PULLED FOR DISCUSSION BY PUBLIC REQUEST - MR. FRED BEHFARIN.
MOVED by Mayor ProTem Wise; SECONDED by Councilman Robbins to enact all consent
agenda items except those Item Nos. 1,2,4,5,7, and 10 pulled for discussion. MOTION
PASSED BY UNANIMOUS VOICE VOTE.
CALLED ITEMS FROM CONSENT AGENDA
1. Warrant Numbers 203084 - 203385 on Demand Register Summary Number 18 in total
amount of $1,946.061.67.
2. City Council meeting minutes of March 2 and 3, 1993
Councilman Robbins stated he was voting no on the warrants because there was an
item there which he believed was a waste of taxpayers money, and was voting no on
the minutes because they were inaccurate.
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March 16, 1993
MOVED by Switz; SECONDED by West to approve Warrant Demand Register and
Authorized staff to release, and ratified payroll and employee benefit checks; checks
released early due to contracts or agreements; emergency disbursements and /or
adjustments; to approve the minutes of March 2 and 3, 1993. MOTION PASSED BY
THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Mayor ProTem Wise,
and Councilmembers Switz and West. NOES: Councilman Robbins.
4. Acceptance of work for acoustical treatment of dwelling at 910 Hillcrest.
Don Harrison, Assistant City Manager, stated the windows were tight so there would
be no leakage of sound, and will be looked at again to determine how tight they are
supposed to be. The City has 35 days before releasing the 10% retention funds, and
they would check it before then. There's a one year warranty period from the date of
acceptance.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to accept work as
complete for a final contract amount of $39,613.51; authorize City Clerk to record
Notice of Completion in the Office of the County Recorder, and 3) authorize the release
of the 10% retention thirty -five (35) days after recordation of the Notice of Completion.
MOTION PASSED BY UNANIMOUS VOICE VOTE.
5. Request for the City Council to approve the sale of the two Crown fire engines to the
highest bidders.
Mayor ProTem Wise questioned since the City was not getting a lot of money for the
trucks whether Guaymas could use them; Councilman West questioned whether the
City had to accept the bids received.
City Attorney Dolley responded if it was their desire to look at that alternative, he would
recommend they hold a meeting and allow him and the City Manager to discuss the
issue.
Police Chief Grimmond stated they have had difficulty getting vehicles across the
border in the past, and this was the best thing for the City to do.
MOVED by Councilman Robbins; SECONDED by Mayor ProTem Wise to approve the
bids of Bill Dundas for the 1968 Crown fire engine in the amount of $3,750 and Daniel
Gold for the 1970 Crown fire engine in the amount of $4,219 and reject all other bids.
MOT10N PASSED BY UNANIMOUS VOICE VOTE.
7. Authorize contract negotiations with A.L. Roark, Inc. on a sole- source basis to provide
computer software and native hardware. Authorize bidding procedures to acquire
associated computer hardware for the Police Department.
Councilman Switz stated he was still intrigued with the necessity to experiment with
optical storage technology, and the equipment described mentioned optical scanning
technology would be purchased as part of the system. He asked what the implications
were in expanding that to include optical storage technology in order to get the City
into an experimental mode to see if it was for us or not.
Chief Grimmond responded there was optical scanning and optical storage.
MOVED by Councilman Switz; SECONDED by Councilman West to authorize
negotiations with A.L. Roark, Inc. to supply software and a mainframe computer on a
sole- source basis, and authorized development specifications and advertise for bids on
peripheral hardware including PCs, terminals, printers, lap -top computers, optical
scanning equipment and related equipment. Councilman Robbins called discussion.
Councilman Robbins questioned sole source recommendation; Chief Grimmond
responded no other vendor came close to this in meeting the requirements.
Mayor Jacobson called the question:
MOTION PASSED BY UNANIMOUS VOICE VOTE.
10. Jail booking area modifications - Public Works Project PW 91 -8. Acceptance of
completed work.
Mr. Putnam presented a brief report and asked Council to approve Items 3 and 4
authorizing staff to file the Notice of Completion which will permit the supplymen who
were still unpaid to start their process of collecting.
Mr. Behfarin, President ABCO Development Corporation addressed Council stating he
concurred with Mr. Putnam's statement as far as Items 3 and 4, and asked for the
opportunity to substantiate and document the change orders as agreed to. Also, he
5 City Council Minutes
March 16, 1993
was unable to show up for the meeting with staff to discuss the details of the change
order until after the completion of the item because of a death in the family.
Mayor Jacobson asked him if he would be available in the next two weeks; Mr.
Behfarin responded he would. Mayor Jacobson stated that they would have someone
available during the next two weeks to meet with him; Mr. Behfarin thanked Council.
Discussion followed.
Councilman Switz stated he understood that under no circumstances will the City pay
more than $38,260; Mr. Putnam responded not at this time.
City Attorney Dolley recommended the Council approve all Items 1 through 5.
MOVED by Councilman West; SECONDED by Councilman Robbins to 1) deny change
orders requested by the contractor; 2) accept the work as complete in the total
amount of $38,260 as completed by the Contractor, ABCO Development Corporation;
3) authorize the City Clerk to file in the County Recorder's Office the Notice of
Completion prepared by the City Engineer; 4) directed that the 10% retention under
the contract be retained pursuant to law a minimum of thirty -five (35) days after the
recording of the Notice of Completion, and 5) directed that staff, prior to making any
Progress Payments or Retention Payments, withhold any amounts for which Stop
Payment Notices have been filed by subcontractors and withhold an amount of $575
for City backcharges to the contractor. Also, Public Works Director to make staff
available to ABCO Development Corp. over next two weeks. MOTION PASSED BY
UNANIMOUS VOICE VOTE.
E. NEW BUSINESS - CITY MANAGER
General Plan quarterly update and discussion of two General Plan related issues: 1)
Newly received information from Overton, Moore & Associates (OMA) concerning the
land uses potentially allowed through an existing Agreement Affecting Real Property
(AARP); 2) potential inconsistency issues between the City's Local Coastal Plan and
the General Plan land use designations for the coastal zone.
Hyrum Fedje, Director of Planning and Building Safety, presented an oral update, and
stated staff received two written inquiries one from Overton, Moore and Associates
regarding status of a real estate agreement affecting real property which neither Mr.
Dolley nor staff had the opportunity to look at yet. If there's a problem, staff would go
to the Planning Commission.
City Attorney Dolley stated they have had an initial discussion regarding all of the
issues, and would report back with it quickly.
MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to receive and file.
MOT10N PASSED BY UNANIMOUS VOICE VOTE.
Mr. Fedje stated that Kilroy Industries wrote a letter to the Council, but he was unsure
as to whether they needed to discuss it or not. That there was an inconsistency in the
zoning on Vista del Mar where the service station is located which staff is waiting to
hear back from the Coastal Commission as to whether there is an inconsistency and
the City needs to correct their coastal plan or to amend the general plan, and staff will
report back on this issue at the next general plan update.
RECESS at 8:16 pm
RECONVENED at 8:35 pm
ROLL CALL all Councilmembers present.
2. Review of the Water Enterprise Fund, expenses, revenues and water rates.
Mr. Putnam presented a brief report stating staff received additional data since the
packet distribution which was regarding the Metropolitan Water District adopting a $63
per acre foot rate increase instead of a $70 one which results in an annual reduction in
cost of about $140,000. Therefore, due to this and other discussions staff adjusted
those numbers which are presented in a new set of charts for Council's review. In
response to Council's questions, sewer charges did not go up; utility charge of 3% will
go up as the amount of the water goes up, staff will continue to look at whether they
can reduce maintenance and operation; a series of stair steps chart was prepared.
Staff recommended a 15% increase effective May 1, 1993, and customers will receive a
notice explaining the changes.
Mayor Jacobson stated City needs to keep a healthy reserve in this account.
6 City Council Minutes
March 16, 1993
Councilman Switz questioned whether the recommended 15% increase being
recommended to become effective November 1st would kick in automatically; Mr.
Putnam responded it would not, and each subsequent step would be brought back to
Council in October; Mayor Jacobson suggested earlier; Mr. Putnam responded
beginning of September.
Councilman Switz stated he would approve with the following caveats 1) part of
increase was being somewhat justified by a list of CIP programs, and he would like to
know if they would be discussing those CIP programs again; Mayor Jacobson stated
they would be during budget discussions; 2) pleased the salary increases were taken
out and would like to leave it out until they discuss salary increases and benefits for
the rest of the city, and 3) recommended not charge 3% utility tax on the rate increase
of the water. Discussion followed.
Councilman Robbins questioned whether Account 6286 - City General Administrative
Charges reimbursing the general fund for City administrative services rendered to the
water works, does not include any of these salary or benefits for water works
department employees; Mr. Putnam responded salary wage and benefits account pays
for all the existing employees within the water division that are maintaining /operating
the system, and Account 6286 - General Administrative Charges #6286 asking for next
year an amount of $666,000 for FY 92 -93, has a breakdown in response to questions
from the last meeting which the Finance Department has prepared and staff will
transmit to the Council tomorrow. He summarized the breakdown stating that the
employees who work up at the water plant and work on the water system check their
time on a time sheet as a direct charge against the water fund. However, due to the
way the time sheets are prepared, the Finance Department, City Engineer, himself, and
others do not have job numbers to charge to for these functions so they charge on
one time sheet.
Councilman Robbins stated the charge for $685,000 projected for FY 93 -94 charged to
the water fund to pay for this overhead administrative charges; Mr. Putnam responded
that was correct, and that he had the breakdown for the $666,000 which is in for FY
92 -93.
Councilman Robbins stated that there was more than a 50% increase in the FY 92 -93,
and the actual spending in FY 90 -91 showed $415,000 which increased to actual
spending for FY 91 -92 of $681,558; Mr. Putnam responded this was done on a basis
of reanalyzing all the various services provided to the water fund by the other
employees of the city, and a reevaluation was not done for each year but done in FY
90 -91 which is why there was a jump.
Mayor ProTem Wise stated he also fought the increase but felt it would be
irresponsible looking at the numbers; Councilman Switz stated he felt staff had been
very responsive in what the Council has asked them to do.
MOVED by Councilman Switz; SECONDED by Councilman West to adopt Resolution
#3807; City Attorney Dolley stated that he would need to read by title only. MOT10N
DROPPED.
Mayor Jacobson stated this vote was to be read by title only. Council revoted:
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read resolution
by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read by Title Only:
RESOLUTION 3807
A RESOLUTION OF CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
ESTABLISHING A SYSTEM FOR THE FIXING AND ESTABLISHING OF RATES IN
CHARGES FOR WATER SERVICES IN SAID CITY, AND RESCINDING RESOLUTION
3397 A STAFF MEMO OF 7/24/87, AND ALL OTHER RESOLUTIONS IN CONFLICT
HEREWITH.
City Attorney Dolley advised Council to revote on the adoption.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Resolution
#3807 for water rate increase at 15% to become effective May 1, 1993. Also, staff to
bring back the next stair step increase to them at a September, 1993 meeting.
MOT10N PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson,
Mayor ProTem Wise, and Councilmen Switz and West. NOES: Councilman Robbins.
7 City Council Minutes
March 16, 1993
Councilman Robbins stated for the public record he was voting no because there were
items charged to the water fund which were not directly related to delivering water to
the water customers, and because the administrative costs have not been justified as
of tonight.
F. NEW BUSINESS - CITY ATTORNEY
City Attorney Dolley informed Council there were four items which have come up since the
posting of the agenda which they would need to vote on discussing as arising after the
posting of the agenda.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to discuss and take
possible action on four urgent items by City Attorney Dolley. MOTION PASSED BY
UNANIMOUS VOICE VOTE.
Court of Appeal Case Involving Allocation Of Property Tax Revenues.
City Attorney Dolley stated this dealt with a letter to the City regarding
recommendations of the Independent Cities Association to give support in terms of
writing to the Appellate Court on a case known as the City of Alhambra v. State of
California.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to authorize letter
to be prepared urging the Second Appellate District to accept jurisdiction over Case of
City of Alhambra v. Ikamoto, Case No. S031350. MOTION PASSED BY UNANIMOUS
VOICE VOTE.
2. Emergency Services Code - Arresting and Convicting For Violation of Curfew Orders
Issued By County, State or by the City When Urgent Situation Exists.
City Attorney Dolley stated recent court decisions which pointed out the difficulty in
arresting and convicting in violation of curfew orders issued by the County, State, or by
City when an urgent situation exists. For that reason, a number of cities are requesting
to take some action to add into the City's Emergency Services Organization Code a
section dealing with curfews. If it is Council's pleasure he would read Section B which
would be added to Section 2.44.100 of Title 2 in its entirety, and then the Council could
adopt this on an urgency basis.
URGENCY ORDINANCE 1195
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA AMENDING CHAPTER 2.44 OF TITLE 2 OF THE EL SEGUNDO
MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTION.
City Attorney Dolley read entire ordinance into the record as follows:
An Urgency Ordinance of the City of El Segundo, California, amending Sections
2.44.100 and 2.44.130, of Chapter 2.44 of the El Segundo Municipal Code relating to
Emergency Services Organization. The City Council of the City of El Segundo,
California, does hereby ordain as follows: SECTION 1. Section 2.44.100, of Chapter
2.44 of the El Segundo Municipal Code is hereby amended to read as follows: "In the
event of the proclamation of a "local emergency" as herein provided, the proclamation
of a "state of emergency" by the Governor or the Director of the State Office of
Emergency Services, or the existence of a "state of war emergency," the Director is
hereby empowered: 1. To make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected by such
emergency; provided, however, such rules and regulations must be confirmed at the
earliest practicable time by the city council; 2. To impose a curfew which prohibits all
individuals from being present on or at any public street, avenue, highway, road, curb
area, sidewalk, alley, park, playground or other public ground, public place or public
building between the hours of sundown and sunrise, or such other hours which the
director determines are reasonably related to the protection of life and property as
affected by such emergency. Such curfew shall not apply to individuals whose
presence on or at any public street, avenue, highway, road, curb area, sidewalk, alley,
park, playground or other public ground, public place or public building is required
pursuant to their responsibilities under the City of El Segundo's emergency
organization and City of El Segundo's Emergency Plan, as such terms are defined
under El Segundo Municipal Code Sections 2 44 010 and 2 44.120. The director's
imposition of a curfew shall be confirmed at the earliest practical time by the city
council; 3. To obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and to bind the City for the
fair value thereof and, if required immediately, to commandeer the same for public use;
4. To require emergency services of any city officer or employee and, in the event of
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March 16, 1993
the proclamation of a "state of emergency" in the county in which this City is located or
the existence of a "state of war emergency," to command the aid of as many citizens of
this community as he deems necessary in the execution of his duties; such persons
shall be entitled to all privileges, benefits, and immunities as are provided by state law
for registered disaster service workers; 5. To requisition necessary personnel or
material of any city department or agency; and 6. To execute all of his ordinary power
as city manager, all of the special powers conferred upon him by this chapter or by
resolution (or emergency plan) adopted pursuant thereto, all powers conferred upon
him by any statute, agreement approved by the city council, or by any other lawful
authority, and in conformity with Section 38791 of the Government Code, to exercise
complete authority over the city and to exercise all police power vested in the city by
the Constitution and general laws." SECTION 2. Section 2.44.130 of the El Segundo
Municipal Code is hereby amended to read as follows: "It shall be a misdemeanor,
punishable by a fine not to exceed Five Hundred and no /100ths ($500.00) Dollars, or
by imprisonment not to exceed six (6) months, or both, for any person during an
emergency to: 1. Wilfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter or in the performance of any duty imposed upon him by virtue of this chapter;
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter; 3. Violate a curfew imposed pursuant to this chapter; 4. Wear, carry, or
display, without authority, any means of identification specified by the emergency
agency of the State." SECTION 3. Urgency. This ordinance is adopted as an
urgency measure pursuant to Section 36934 and 36937 of the Government Code of
the State of California and shall become effective immediately. SECTION 4. The City
Clerk shall certify to the passage and adoption of this ordinance 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 the passage
and adoption thereof, cause the same to be published once in the El Segundo Herald,
a weekly newspaper of general circulation, published and circulated within said City of
El Segundo and which is hereby designated for that purpose.
City Attorney Dolley then stated that the rest of the code would remain the same and
would only go into effect when there was a state of emergency. Also, the director in
this case is the City Manager and the code does provide certain powers to the Director
and provides that this Council could declare a state of emergency and that the County
could also declare that as well.
MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Urgency
Ordinance No. 1195 amending the El Segundo Municipal Code Chapter 2.44.100 of
Title 2 by adding Section B. Councilman Switz called discussion asking if they could
summarize who declares an emergency and how that is enacted so everyone is aware
there is an emergency.
City Attorney Dolley responded the law provided that from the Governor of the State
through the County of Los Angeles Sheriff, and the local Director or City Manager or
City Council can declare state of emergency; Councilman Switz stated that if the City is
going to enact things like this then it needs to have a better understanding of how to
inform the public that there is an emergency.
Mayor Jacobson stated the City has the emergency override on cable TV, Community
Alert Network which could be used in certain types of emergencies, and other means.
City Attorney Dolley stated this particular amendment resulted from concerns of the
inability to enforce these things and a court ruling, and felt this resolves the problem.
Mayor Jacobson called the question:
MOTION PASSED BY UNANIMOUS VOICE VOTE.
3. Mutual Aid Agreement.
City Attorney Dolley stated that these next two items relate to the request of Sheriff
Sherman Block to put into place one resolution, and for authorizing the Chief of Police
to sign a document which deals with the subject of mutual aid in essence during
periods of urgency as is defined in the urgency law passed by the State of California,
County of Los Angeles, and the City. The first item would be a resolution of the City
Council of the City of El Segundo, California approving mutual aid agreement.
Essentially, this allows during a case of emergency, duly proclaimed by law, that cities
render mutual aid and supplementary public safety services for one another as the
need may arise. Further stating he needed to read the resolution and to have put on
public record the attached mutual aid agreement which needs to be signed by the
Mayor; Council concurred.
9 City Council Minutes
March 16, 1993
RESOLUTION 3808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA APPROVING MUTUAL AID AGREEMENT.
Whereas it is desirable and necessary to furnish supplemental safety services to other
agencies located within the County of Los Angeles to where mutual aid ends in the
event of local peril, local emergency, local disaster, civil disturbance, or such other
cases the need may arise, and whereas the City Council of the City of El Segundo
hereby determined that public interest and necessity requires mutual aid and in such
agreements as are authorized by Sections 8615, 8617, 8668 of the Government Code,
and in accordance with the provisions of the California Disaster and Civil Defense
Mutual Aid Agreement. Now, therefore be it resolved by the City Council of the City of
El Segundo as follows: The Council hereby approves a certain agreement entitled
Mutual Aid Agreement, and authorize the Mayor to execute said agreement on behalf
of the City, and substantially the form attached as Exhibit A. Section 2. The City
Council authorizes the Chief of Police of El Segundo to act as exclusive agent
representative of the City in the administration and execution of such agreement, and
Section 3. The City Clerk shall certify to the adoption of this resolution.
MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to adopt
Resolution No. 3808 approving Mutual Aid Agreement, and authorized Mayor to
execute Mutual Aid Agreement - Exhibit A of the resolution - on behalf of the City.
MOTION PASSED BY UNANIMOUS VOICE VOTE.
4. California Penal Code Section 830.1.
City Attorney Dolley stated this was a document which affirmed a long standing penal
code section but did it in a more formal countywide standard manner. California Penal
Code Section 830.1 allows a police officer from another jurisdiction to use police officer
authority within this City's jurisdiction if authorized by the Chief of Police. The
agreement presented deals with the liability issue he had discussed, but it would be
his advice that the City Council authorize the Chief of Police to enter into this
agreement. This agreement states that any member of law enforcement agencies
listed below, contemplated to be all who is a peace officer as defined in Section 830.1
of the Penal Code, shall have the authority of a peace officer at all times within the
jurisdiction of the undersigned, and consent is given and goes on to discuss the
limitations of the agreement as to not giving any special rights to third parties, provides
for city employees to be liable for their actions, and becomes effective upon the
signature of the Chief of Police as to any other signator.
MOVED by Councilman Robbins; SECONDED by Councilman West to authorize Chief
of Police to enter into agreement with other cities. MOTION PASSED BY UNANIMOUS
VOICE VOTE.
G. NEW BUSINESS - CITY CLERK - NONE
H. NEW BUSINESS - CITY TREASURER - NONE
I. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman West -
Appointment of name clearing hearing regarding investigation of allegations against
Councilman Robbins.
Councilman West stated that he was going to request an investigation of Councilman
Robbins, but it was no longer necessary due to the recent letter from the District
Attorney which exonerated him of any wrong doing. He then asked Councilman
Robbins to respond to Mr. Dannen's question of what fair and what city.
Councilman Robbins
Campaign disclosure and reporting requirements -- fundraising.
Councilman Robbins stated for the public record the following: that the District
Attorney's Office issued a letter on March 4, 1993, and that this letter stated that he
complied with the spirit of the law but also with the letter of the law with regards to
Scot Dannen's accusations (viewgraphs of all three pages of letter were shown). He
proceeded stating that: "Scot Dannen had appeared before this body several times to
make wild, totally unsubstantiated and undocumented allegations of campaign law
violations against me. How does one defend against an alleged violation that is a
figment of someone's imagination? I only ask the public to allow me the time to rebut
Dannen's allegations and set forth my concerns regarding city policies. If city taxpayer
funds are being used to selectively enforce campaign laws, or if the local ordinance is
not properly administered, then it becomes the responsibility of this council to take
10 City Council Minutes
March 16, 1993
action. To quote several recent speakers, 'we must provide a level play field'." He
then proceeded to give a viewgraph presentation with responses to Mr. Dannen's
accusations and substantiating his concerns as follows:
1) Did not properly disclose anticipated expenditures as defined under Section 2.09.50
of the ESMC. In response, he stated he contracted for printing and was given estimate
which was properly reported but printer encountered problems and discounted his bill
which was received after the election, so he reported it correctly in the period where
expenditure occurred. This accusation prompted him to look into other candidates'
filings to see if anyone else complied with all laws, he found instances where other
candidates completely failed to report anticipated expenditures and contributions
(giving examples using viewgraphs of candidate Blake Mitchell's expenditure statement
reporting spending a total of $4,259.68 between April 14 and June 30, 1992, and Jan
Cruikshank's expenditure statement reporting contribution of $249.00 received after the
election). He questioned why Mr. Dannen did not find those reports questionable.
2) Exceeded the allowable limit on anonymous contributions. In response, Section
2.09.10(H) of the ESMC states candidates shall show the gross income from a
fundraiser and only the net figure shall apply to anonymous contributions. Mr. Dannen
invented his own method of calculating contributions which the District Attorney found
erroneous. Also stating that Section E states anonymous contributions are limited to
$1,000, but another candidate claimed receiving $1,337 in anonymous contributions
which was $337 over the limit (example using viewgraph of candidate Jan Cruikshank's
expenditure statement), and other candidates claimed spending money for food and
fundraisers but no fundraisers were reported (example using viewgraph of candidate
Blake Mitchell's expenditure statement). One candidate claimed rental of Old Town
Music Hall for a fundraiser but proceeds were not shown (example using viewgraph of
candidate Jan Cruikshank's expenditure statement).
3) Demanded date and location of fundraiser be shown. In response, he was unable
to find any code imposing this requirement. After examining other candidates' forms
he found they did not give the date, location, or gross and net proceeds. He went
back to a candidate with a $99 hot dog picnic held in Chevron Park but the fundraiser
was not reported either - and that candidate did not comply with FPPC regulations that
required commercial donations, facilities, or services not available to other candidates
be declared as an in -kind contribution, and then questioned whether contribution of
commercial facilities by a local saloon was an in -kind contribution. He stated that Mr.
Dannen's allegations raised the question of whether the El Segundo City Clerk handled
all complaints in an impartial manner, stating that the Clerk was an elected official and
her office was supported by tax funds approved by council, and they have obligation
to ensure all laws are enforced in a uniform manner.
Councilman Robbins presented three examples of complaints filed with the City Clerk
in which each one was handled by a different policy depending upon the Clerk's
relationship with the subject of the complaint: list Complaint: Complaint filed by Scot
Dannen alleging Councilman Robbins did not comply with campaign expenditures
under the code. In response, he stated that in case of a violation, the municipal code
places the initial burden on the City Clerk in four different places. The law states that
the City Clerk or designee shall send a notice by certified mail or personal delivery
showing the ordinance which had been violated, but he never received a formal notice
from the City Clerk citing any specific violation, but did have a letter from the City Clerk
(example shown on viewgraph) stating after conversing with Lee Dolley she was
notified that the Clerk's Office was not the enforcement authority, and by Mr. Meehan's
and Mr. Dolley's direction she turned the entire matter over to the District Attorney's
Office. On July 27 Ms. Mortesen forwarded her complaint along with inaccurate and /or
incomplete documentation to support Mr. Dannen's complaint, to the District Attorney's
Office. He then questioned whether the City Attorney and City Manager actually told
her it wasn't necessary to follow the city code. Second Complaint: Complaint filed on
May 26 by Mr. Hart (example of viewgraph of complaint) which Clerk Mortesen
responded to in a letter informing Mr. Hart she had sent his complaint to the District
Attorney's Office, but a copy of the letter establishing that it was actually sent is not
available. Third Complaint: Complaint filed in August regarding Mr. Dannen's
campaign activities (example of viewgraph of letter) which Clerk Mortesen responded
to in a letter informing the individual that she was disclaiming any responsibility for
taking action, and that he would have to contact the District Attorney's Office himself.
Further stating, this evidence suggested city tax funds were used in a discriminatory
manner which needed to be addressed by the Council and City Attorney, and if City
Clerk neglects to comply with city ordinances and fails to provide required notices to
individuals, how could they as a Council protect the city against expensive and
11 City Council Minutes
M.u•ch 16, 1993
unnecessary litigation. The local ordinance provides that the code be enforced with
civil action. Also, that since Mr. Dannen used this forum to question him he felt that he
should use this same forum to question Mr. Dannen about his activities (used example
of Scot Dannen's Form 721), stating that he claimed sole proprietorship in The Gandaff
Service as being both income and investment, and that a city official must disclose
sources of local business income if that income was from a business entity in which
the individual owns more than a 10% share. This business and the individual are the
same entity and the individual must list all those who employed him and declare any
amounts paid over $250 - including travel expenses. Without that information it is
impossible to determine when and if Mr. Dannen voted in conflict of interest.
He presented viewgraphs of literature from the Concerned Residents of El Segundo,
The El Segundo Community Association, and Concerned El Segundo Residents,
advocating the recall of three councilmembers and published advertisements, and
questioned why there have been no committee papers filed which is a requirement
under the Political Reform Act. Also questioning whether any of these committees had
collected more than $1,000 in anonymous contributions, and that FPPC regulations
prohibit campaign payments that were made in cash.
In summation, he stated the city had major problems with regard to campaign
reporting laws and asked council's consensus to have the City Attorney look into the
problems he went over, and return with a recommendation to correct them.
Councilman Switz
1. Tour video of the Los Angeles County Sanitation Facilities will be shown on Channel 22
in the near future.
2. Agendize, for future meeting, discussion of the Council or Staff participating in
endeavors like this to introduce these topics on tape so that it could be shown over
public television.
Mayor Pro Tern Wise
Asked Councilman Robbins to respond to Mr. Dannen's questions.
2. Read a public apology letter he had written for Councilman Robbins to sign as follows:
I would like to publicly apologize to the entire family of J.B. Wise, Mr. Ron Swanson, his
family, Mr. Gary Heinbuch and his family, and the people of El Segundo. On March 3,
1993 1 misused my Council position when I requested the City Manager to investigate
J.B. Wise and his entire family, Ron Swanson and his family, and Gary Heinbuch and
his family. I made this request without the knowledge and /or permission of any other
member of the El Segundo City Council. I now realize that what I did was not only
wrong, it was unethical and outside the purview of my office; I offer no excuse for my
actions. I also realize that the City Manager was 100% correct when he refused to act
upon my request. We are in the process of hiring a new City Manager; I only hope the
new City Manager will act as professionally and honorably as did our present City
Manager when he refused my request. Government can only truly represent the
people when that government is open and honest. There is no room in El Segundo
for "secret" investigations of anyone.
Councilman Robbins stated in response to Mayor ProTem Wise's statements about
investigations that he does not order investigations, but Mr. Wise did under the old
council and spent thousands of dollars in taxpayers money, order police investigations,
a 250 page plus investigation report. He then questioned City Manager Meehan if he
ever asked him to investigate any individual, anyone's family as Mr. Wise has claimed;
Mayor Jacobson responded not to bring staff into this. Councilman Robbin's then
stated for the public record that he has observed what he considers dirty pool in the
process by which contracts are bid and awarded, especially with regard to the golf
course construction management contract. The entire council was requested to submit
a list of questions. Among the questions he submitted, which are a part of the public
record, he had some questions regarding potential conflict of interest. Further stating
that apparently Mr. Wise was upset that he had asked those questions.
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit)
Jerry Saunders, Chairman Air Force Housing Committee thanked Mayor Jacobson and
Council for help.
12 City Council Minutes
March 16, 1993
Ron Swanson, 629 California Street stated he attended meetings of these committees but did
not agree with everything. Further stating, if Councilman Robbins wanted to know something
about him that he should come to him and not the City Manager.
J. Wilson thanked City for the Mitigation Monitor at Hyperion and Citizens Committee.
Joe Vitorie, 124 W. Oak questioned what was happening in Los Angeles with regards to the
riots, and commented that he found Councilman Robbins conduct beyond reproach.
Jane Friedken concurred with Councilman Switz on the fire engines. Also addressed Mayor
ProTem Wise's statement that Councilman Robbins had requested an investigation from Mr.
Meehan which was not answered, and she felt that the community deserves to know. She
questioned whether Councilman Robbins ask those questions of Mr. Meehan.
City Manager Meehan asked direction; Mayor Jacobson responded only if he wanted to.
City Manager Meehan stated that Councilman Robbins had not specifically asked him to
investigate; Mr. Robbins had some questions that he provided which he wanted answers for
as to whether or not the family of Mr. Wise was associated with other people in the community
having to do with the golf course.
Councilman Robbins stated that his questions were strictly from a conflict of interest viewpoint.
MEMORIALS - NONE
CLOSED SESSION - NONE
ADJOURNMENT at 9:50 pm to 8:00 am March 19, 1993.
" L
L a Freeman,
Deputy City Clerk
13 City Council Minutes
March 16, 1993