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1993 MAR 24 CC MINMINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 24, 1993 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7:35 p.m. PLEDGE OF ALLEGIANCE led by Councilman Robbins. 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) Scot Dannen, 1127 E. Acacia Avenue addressed Council stating that at the last regular scheduled council meeting it was his understanding that there were a number of questions asked about the Gandaff Service which was done in the chambers in front of public record, and that he just wanted to come down and point out that the Gandaff Service was still very much alive, although not doing as well as he hoped it would, it was doing respectably well. He wanted to make it clear that his records were at city hall and anybody wanting to investigate those to please do so because he has nothing to hide, never has, and never will. Further stating that he still wanted an answer to his question. The District Attorney sent the letter back stating basically Mr. Robbins didn't do anything wrong but then again they were unaware of the contributions that came from a booth at a fair, and Mr. Robbins has gone through two meetings now and still not answered that question. In his opinion, he either lied to the people of El Segundo or to the District Attorney. He felt the public deserved an answer, and that there have been a lot of allegations about everyone else and lot of childish behavior, in his judgement. He would really appreciate a direct and honest answer to questions. Also, pointed out that the Citizen's Political Action Committee had failed to make it's financial filings for 1991, and he believed that they were involved in this little mess. That he had questioned why there was not an investigation by the Council until, of course, he had looked at the filing from the Citizens Political Action Committee for 1992 and saw donations to Mayor Jacobson, Councilman Switz and Councilman Robbins. Now, he would like to know why they show donations to them, and questioned if they were on their forms. Further stating he would give them time to amend their forms if they needed to, and so he was going to continue digging and keep going through the records until he got some answers because there were some funds floating for campaign elections and they should be accounted for. As soon as they are accounted for, he stated he would go home and mind his own business. Councilman Switz stated that he felt compelled to answer one of the points made by Mr. Dannen. He did not recall receiving one penny from a political action committee, and that he has all of his records on D -Base still in his computer. He knows by name who contributed every dime, every penny to his campaign, but that he could be ignorant about this, and that it could be that some of the names of people who gave him money were also members of this committee but that he had no knowledge of it. He wanted the public to know that there was not one penny that came into his campaign from any political action committee. Councilman Robbins responded that he wanted to comment for the public record and would be brief. He stated that as Mr. Dannen knows the District Attorney closed the case on Mr. Dannen's false allegations against him and the District Attorney's Office stated very clearly in a letter that he had disclosed far more than was required by law. City Council Minutes March 24, 1993 - 7 00 p in 1 Also, that the District Attorney has full information regarding his fundraising, and Mr. Dannen just told a falsehood here just now. The District Attorney is fully aware of his fundraiser and fully satisfied that he complied with both the letter and spirit of the law, and that is a quote from the letter from the DA. Now Mr. Dannen is the one who has questions to answer to our community, as well as an apology to make. 1) He understood Mr. Dannen did not legally and properly disclose his sources of income which he cannot hide behind a fictitious name, and he must disclose his sources of income. Mr. Dannen, from what he heard from a number of reliable sources, had boasted while on Council that he was on the payroll of another councilmember, and at the August 25, 1992 Council meeting Councilman Wise admitted that Scot Dannen was on his payroll. Therefore, he felt there were some questions that needed to be answered, especially why Mr. Dannen repeatedly comes and disrupts these meetings and it seems to be with the entire agreement of Councilman Wise. That he did not feel that it was proper for any councilmember to encourage these types of disruptions and smearings of the names of good honest representatives of the community. Mr. Dannen and those who are encouraging him owe the citizens of El Segundo an apology for all of the lies and slander and libel he has made against members of this council that have been proven to be false. Also, stated that he had not received any contributions from any political action committee that Mr. Dannen had claimed, and he thought the Council needed to start ignoring Mr. Dannen when he comes up because they should not even imply there is any more credibility for Mr. Dannen in this community. Mayor Jacobson closed public communications. A. SPECIAL ORDER OF BUSINESS 1. Appointment of City Manager. Mayor Jacobson stated it was his distinct pleasure to introduce to the community our soon to be new City Manager Mr. Jim Morrison. Mr. Morrison stated he was excited about the opportunity of being selected as their City Manager, and looked forward to working with the City Council and community in a very important and challenging job. The uniqueness of the community, combination of a small town - interest in a small town that you see here, combined with the excitement, opportunities, and challenges of working with large business were some of the things which attracted him to the City. Mayor Jacobson stated Mr. Morrison would be starting on April 5, 1993, and then welcomed Mr. Morrison on behalf of the citizens of El Segundo, City Council, and Department Heads. He then extended their appreciation to City Manager Frank Meehan for all he had done for them and the City while serving as City Manager. B. UNFINISHED BUSINESS - Taken out of order 1. Project Construction Manager r golf course and driving range project. Ken Putnam, Director of Public Works, stated staff had given them a score and if they were to ask them after all of this what would be their recommendation, they felt on the basis for several reasons. One was that when they first started this out, they were looking for someone who was going to be a hands on person, 40 hours a week, someone who had some experience, someone who they would have some confidence in and had the ability to do the job, and from the staff's standpoint, they concurred that (GPS) Golf Planning Solutions would be the one they would recommend if it came out. Now that was not how the scoring came out, but that would be their recommendation if they had the choice. The City Attorney might perhaps advise the Council that at this point in time the proposal process was still an open end, the council was not bound to take anything that was in there, and make some decisions on the specific staff recommendations. They could still ask for more information, and could decide on somebody else other than this group, other than what staff had scored City Council Minutes March 24, 1993 - 7.00 p.m. 2 them, and so the Council can make their own decision. Also, the Council was not bound to the lowest responsible bid or anything. Councilman Robbins asked if he was correct in his understanding that not all of Gary Heinbuch's references were done under his current business name but under American Golf, and that American Golf had been involved in an expensive litigation matter with the City during the past. City Attorney Dolley intervened stating the fact a company had been involved in litigation with the city should not be relevant in their decision process. Discussion ensued regarding the overall ranking and insurance. Mr. Putnam stated the majority of the references provided by Heinbuch Golf, were from American Golf, and he believed there was one or maybe two on that overall list that was done under the name Heinbuck Golf. That was his understanding of it, and that he did not have those numbers here. Also, Jim Fauk had made all of the reference checks. Councilman Switz stated the three things he felt controlled the quality of the golf course were: 1) architect's drawings, 2) quality of the individual who was actually constructing the golf course, which had not been chosen yet, and 3) Project Construction Manager. He supported staff's recommendation because it was the same recommendation made three weeks ago, and personally felt it was important to support staff and the Commission who worked hard on this. To suggest they had anything other than the best interest of the city at heart in their decision, was wrong. Councilman West stated that it seemed to him that they had an overall rank, and that there was two tied for first place and two tied for third place, and that staff's recommendation was a third place tie - and asked them to explain that. Mr. Putnam responded yes, there were several elements that concern staff. One, Mr. English who was the principal of GPS, referenced several golf courses of which he was directly involved, there were some other projects within his reference that were not directly golf course constuction management involved, but that he had experience in golf course construction management and building construction which was part of this golf course. His price was the lowest of those bid, from that standpoint and also going back to the earlier discussion with the Recreation and Parks Commission who also reviewed it. Overall, in staff's comfort zone, they would be comfortable with GPS and the principals they have identified to be the on site construction managers. One of staff's biggest concerns was in the past, out of $4 million in price - $3 million was going to get buried in the ground before the grass grows, and they were concerned about having someone who knew how all that goes together. Staff knows from what they could tell, the architect had done a very good job. They are still reviewing the value engineering, which will be finished in the next day or so, and the firm had been two weeks reviewing it. Staff knows that once the project starts and gets underway, the architect would use a series of firms, not only his firm, but other firms to do the architecture, civil engineering, so forth, and those people would be on -site periodically to review with the principal major stages. Those elements taken care, there will be enough oversight. Councilman Switz stated if you remove the weightings of the column called "panelist evaluation" then it totally changes the rankings, and since the panel evaluation was made up of primarily people from out of town, he still felt obliged to give more weight to opinion of our own staff and commission. It was only the opinion of those three people from out of town that forced the ranking, as you see it, because if you take that out then it goes right back to the recommendation that staff was making for Council. City Council Minutes March 24, 1993 - 7.00 p.m. 3 Councilman West questioned who were those people; Mayor Jacobson stated Public Works Directors of other cities. Councilman West stated his point was that it was a typical panel process whenever they hire anyone, and where we ask for a panel we assemble people considered authorities of the matter. City Manager Meehan stated that staff's decision was based on two very simple criteria: 1) there was only one member of the entire group, Mr. English, according to our research that was actually down in the dirt and on the construction site, climbing in the holes every single day, of the one golf course that he was responsible for, and 2) the lowest price. Mayor Jacobson stated the panel ranked two of the firms that since they have done parks then they could do a golf course, and he was sorry but felt that there was a world of difference between a park and a golf course. MOVED by Councilman Robbins; SECONDED by Councilman Switz to approve Golf Planning Solutions which was the lowest qualified proposer and which was recommended by the Recreation and Parks Commission and staff, and that all other proposers be rejected, and authorize Mayor to sign agreement. Mayor ProTem Wise called for discussion stating that one thing they needed to remember was that a construction manager could either save the city money or cost the city money, so he strongly urged staff to stay in constant contact with the construction manager, and our recording process be right on top so we totally understand what we are doing on this course so we don't run into the problems we ran into on the library and plunge. Mayor Jacobson questioned if a staff contact had been chosen yet; Mr. Putnam responded not at this time, but there would be a staff contact in both the Recreation and Parks and Public Works Departments. The staff contact and city staff members would meet weekly with the project manager and contractor, and the construction manager would turn in daily construction reports. Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. C. REPORTS OF COMMITTEES, BOARDS AND COMMITTEES - Taken out of order 1. Initiate the recruitment process to fill upcoming vacancies on the Recreation and Parks Commission. Mayor Jacobson stated there were two vacancies coming up on the commission, and entertained a motion to advertise for those two positions. MOVED by Mayor ProTem Wise; SECONDED by Councilman Robbins to direct staff to initiate the recruitment process to fill the two upcoming vacancies. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. D. NEW BUSINESS - CITY MANAGER - Taken out of order 1. Approval of employment contract with City Manager. City Attorney Dolley stated the final negotiations concerning this contract had been completed and was ready for public approval. MOVED by Mayor ProTem Wise; SECONDED by Councilman Switz to approve the contract with James Morrison, with typographical corrections. MOTION PASSED WITH UNANIMOUS VOICE VOTE 5/0. A. SPECIAL ORDER OF BUSINESS - Continued City Council Mmutes March 24, 1993 - 7:00 p.m. 4 2. Budget Workshop to establish goals and objectives for FY 1993 -94 relating to expenditures. City Manager Meehan stated staff was requesting direction on the budget. Councilman Switz stated he felt they reached a consensus at a session three weeks ago on what the expected revenues were to be, and this should be a factor in their budget discussions. Councilman Robbins felt it was very important to involve the new City Manager in the budget as soon as possible, and felt this was a good opportunity to start with a zero based budget, where all expenses and all programs would be justified, and the new City Manager could shake out the budget for them. Mr. Morrison stated Mr. Klotzsche, Director of Finance, and he had planned on meeting with each Department Head to ask specific questions about each line item, and to look for opportunities to better use the resources which were available to the City. Mayor ProTem Wise questioned whether staff could divide Equipment Replacement into two categories - liquid and fixed; Mr. Klotzsche responded they could. Discussion ensued regarding an overview of the expenditures, schedule reflecting the results for FY 1992 -93, and fund balances. Council consensus was to keep programs and structure, and for a more efficient and less expensive budget. PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) - NONE CLOSED SESSION - NONE ADJOURNMENT at 9:15 p.m. to April 6, 1993 at 5:00 p.m. /,, z/Li- L Lora Freeman, Deputy City Clerk City Council Minutes March 24, 1993 - 7.00 p.m.