1996 AUG 06 CC MIN-7MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 6, 1996 - 7:00 P.M.
Next Resolution #_3980
Next Ordinance # 1259
CALLED TO ORDER by Mayor Jacobs at 7:00 p.m.
INVOCATION given by Reverend Dr. Harvey R. Kemp, The United Methodist Church of El Segundo
PLEDGE OF ALLEGIANCE led by Councilman Weston
PRESENTATIONS -NONE
ROLL CALL
Mayor Jacobs
Present
Mayor ProTem Wernick
Present
Councilman Weston
Present
Councilwoman Friedkin
Present
Councilman Gordon
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total) Nine individuals addressed the City Council.
Willard Krick, ESRA President addressed the Code Enforcement Protiram and submitted a letter to the
Council.
Dorothy Kent, 909 Dune Street addressed the harassment investigation; FAA has agreed to less
overflights, and Hyperion height limitations.
Dave Biddle, 943 Hillcrest addressed Code Enforcement Violation Program, and submitted a letter to the
Council. Mayor Jacobs moved this item under D. Reports of Committees, Boards, and Commissions.
Jack Glassur, 419 Whiting addressed Code Enforcement Violation Program asking for the City to
consider an alternate proposal to his problem. City Attorney Dolley stated they could discuss the issue
during closed session; Council concurred.
Tera Church requested to speak on the curfew ordinance.
Request by Gail Church that City Council amend the Planning Department fee schedule to require
only $675 when applications for both a Variance and CUP are required to address one matter.
Further, a refund of $675 is requested by Gail Church pursuant to the amended policy as it applies
to her granny flat applications for which she was charged $1,350 ($675.00 for each application).
Gail Church, 408 Virginia Street addressed Council requesting a refund should they decide to
amend the Planning Department fee schedule.
Mayor Jacobs moved this item under D. Reports of Committees, Boards and Commissions.
2. Request the El Segundo Chamber of Commerce for support of Leadership El Segundo 1996 -97.
Nancy Cobb asked Council for approval of their request; Mayor Jacobs moved item under D.
Reports of Committees, Boards, and Commissions.
3. Request by the El Segundo Chamber of Commerce for a Proclamation of the El Segundo City
Council declaring El Segundo as a Character Counts City.
Dana Brown, Representative requested the Council's approval. Mayor Jacobs requested to move
this item under D. Reports of Committees, Boards, and Commissions.
4. Request by Dr. John M. McCarty to make a presentation to the City Council regarding the dog bite
situation.
Dr. John McCarty spoke on the Malmute - Sinbad - dog biting. City Attorney Dolley informed
Council this was a litigation matter in the Superior Court, and suggested they do not discuss the
issue.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to close public communications.
MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
MOVED by Mayor ProTem Wernick; SECONDED by Councilman Gordon to read all
ordinances and resolutions on this agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0.
B. SPECIAL ORDERS OF BUSINESS -
Public Hearing and a Resolution of the City of El Segundo, California finding the City to be
in conformance with the Congestion Management Program (CMP) and adopting the CMP
Local Implementation Report, in accordance with California Government Code Section
65089.
Mayor Jacobs stated this was the time and place hereto fixed for a public hearing and a
resolution of the City of El Segundo, California finding the City to be in conformance with
the Congestion Management Program (CMP) and adopting the CMP Local Implementation
Report, in accordance with California Government Code Section 65089. She asked if
proper noticing was done in a timely manner, and whether any written communications had
been received. Deputy City Clerk Freeman responded proper public noticing was done by
the Public Works Department, and no written communications had been received.
Bellur Devaraj, City Engineer, presented a brief report.
Mayor Jacobs opened public communications; no one wished to address the City Council.
City Attorney Dolley read title only:
RESOLUTION NO. 3980
A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA, FINDING THE
CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION
REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
65089.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to adopt Resolution
3980. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
C. UNFINISHED BUSINESS
An Ordinance of the City Council of the City of El Segundo Amending Chapter 9.08,
Sections 9.08.010 and 9.08.020 and adding Sections 9.08.030, 9.08.040, and 9.08.050 of
the El Segundo Municipal Code to prohibit any person under the age of 18 and subject to
compulsory school from loitering between the hours of 8:30 a.m. and 1:30 p.m. with certain
exceptions; and prohibit any person under the age of 18 from loitering after 10:00 p.m. until
sunrise; and authorize cost recovery for said violations.
Tera Church, resident, addressed Council suggesting curfew time be extended to midnight
instead of 10:00 p.m., and stated that the youth in El Segundo have no places to go.
Kasim Alimahomed, resident addressed Council suggesting they provide a definition of
compulsory school in the ordinance. City Attorney Dolley stated they could do that.
City Attorney Dolley read by title only:
ORDINANCE 1259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AMENDING CHAPTER 9.08, SECTIONS 9.08.010 AND 9.08.020 AND ADDING
SECTIONS 9.08.030, 9.08.040, AND 9.08.050 OF THE EL SEGUNDO MUNICIPAL
CODE TO PROHIBIT ANY PERSON UNDER THE AGE OF 18 AND SUBJECT TO
COMPULSORY SCHOOL FROM LOITERING BETWEEN THE HOURS OF 8:30
A.M. AND 1:30 P.M. WITH CERTAIN EXCEPTIONS, AND PROHIBIT ANY
PERSON UNDER THE AGE OF 18 FROM LOITERING AFTER 10:00 P.M. UNTIL
SUNRISE AND TO AUTHORIZE COST RECOVERY FOR SAID VIOLATIONS.
MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to adopt
Ordinance No. 1259 with the City Attorney to provide definition of compulsory school in the
ordinance. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1. Request by Gail Church that City Council amend the Planning Department fee schedule to require
only $675 when applications for both a Variance and CUP are required to address one matter.
Further, a refund of $675 is requested by Gail Church pursuant to the amended policy as it applies
to her granny flat applications for which she was charged $1,350.
Gail Church, 408 Virginia Street addressed Council requesting a refund should they decide to
amend the Planning Department fee schedule.
Discussion ensued regarding the fee schedule and whether the Conditional Use Permit and
Variance Permit required two separate reports; Bret Bernard, Director of Planning and Building
Safety responded that they were separate issues which required two separate analytical
procedures, and responded to other questions asked by the City Council.
Mayor ProTem Wernick requested to have the current Code Enforcement Policy on the August 20,
1996 agenda.
Gail Church withdrew her request.
2. Request the El Segundo Chamber of Commerce for support of Leadership El Segundo 1996 -97.
Nancy Cobb requested Council's approval of their request.
MOVED by Councilman Gordon; SECONDED by Councilwoman Friedkin to approve request.
Staff and Council to provide the same level of support as in the past. MOTION PASSED BY
UNANIMOUS VOICE VOTE 510.
3. Request by the El Segundo Chamber of Commerce for a Proclamation of the El Segundo City
Council declaring El Segundo as a Character Counts City.
Dana Brown. Representative requested the Council's approval. Mayor Jacobs requested to move
this item under D. Reports of Committees, Boards, and Commissions.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to approve request and
have staff prepare the proclamation. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
E. 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.
Warrant Numbers 232046 - 232249 on Demand Register Summary Number 02 in total amount of
$492,922.20.
Approved Warrant Demand Register and Authorized staff to release. Rated: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements; emergency
disbursements and/or adjustments.
2. Warrant Numbers 232250 - 232416 on Demand Register Summary Number 03 in total amount of
$863,539.20.
Approved Warrant Demand Register and Authorized staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements; emergency
disbursements and/or adjustments.
3. PULLED FOR DISCUSSION BY MAYOR PRO TEM WERNICK.
4. PULLED FOR DISCUSSION BY MAYOR PRO TEM WERNICK.
5. Recodification transfer from City Clerk's budget to Nondepartrrient.
Ratified $19,500 budget change.
6. Request City Council approval to enter into Parks License Agreement for use of Southern
California Edison property, east of Washington Street between Sycamore and Mariposa Avenue at
annual fee of $902. Fiscal impact: $902.
Approved executing ten year License Agreement Number 2458 for use of Edison property for
continued park land use at a fee of $902 per year.
7. PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN.
8. Final acceptance of Lining of Sewer Lines, 1995 -1996, Project No. PW 96 -2 (final contract amount
$118,218.00).
1) Accepted the work as complete; 2) Authorized the City Clerk to file in the County Recorder's
office the Notice of Completion prepared by the City Engineer.
9. Final acceptance of Modifications to Sanitation Pumping Plant No. 7, Project No. PW 93 -18 (final
contract amount $180,924.53).
1) Approved Change Order No. 1 in the amount of $945.53; 2) Accepted the work as complete,
and 3) Authorized the City Clerk to file in the County Recorder's Office the Notice of Completion
prepared by the City Engineer.
10. PULLED FOR DISCUSSION BY CITY ATTORNEY DOLLEY.
11. Resurfacing of Game Courts at Recreation Park, Project No. PW 95 -11 (final contract amount
$31,850.00).
1) Accepted the work as complete; 2) Authorized the City Clerk to file in the County Recorder's
Office the Notice of Completion prepared by the City Engineer.
12. Request Council approval to allow payment of non Law Enforcement Educational Reimbursement
from the Training and Education /P.O.S.T. accounts (001- 400 - 3101 -6223 / 703 - 200 - 3101 - 2589).
Not to exceed $8,000.00.
Approved the payment of educational reimbursement which does not fall under the Department of
Treasury guidelines from the Police Department Training and Education account.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Weston to approve of Consent Agenda
Item Numbers 1,2, 5, 6, 8, 9, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
CALLED ITEMS FROM CONSENT AGENDA
3. Warrant Numbers 232417 - 232603 on Demand Register Summary Number 04 in total amount of
$324,061.48, and Wire Transfers in the amount of $1,325,578.99.
Mayor ProTem Wemick stated she could not vote on Item Number 07735 - #232217 - 232603 due
to the funds being used for litigation.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Weston to approve Warrant
Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks;
checks released early due to contracts or agreements; emergency disbursements and /or
adjustments; and wire transfers from 07/06/96 to 07/26/96. MOTION PASSED BY THE
FOLLOWING VOICE VOTE 312 - AYES: Mayor Jacobs, Councilwoman Friedkin, Councilman
Weston. NOES: Mayor ProTem Wemick and Councilman Gordon.
4. City Council meeting minutes of July 10 and July 16, 1996.
Mayor ProTem Wemick stated she did not recall the appointment of Councilwoman Friedkin as
Acting City Clerk for the July 10, 1996 meeting; Deputy City Clerk Freeman stated City Manager
Morrison informed her that she had been. Further stating since Councilwoman Friedkin's notes
were used that her name would be also on the minutes for signature. Mayor ProTem Wemick
also stated she understood there was an appointment of one individual to the Planning
Commission; Mayor Jacobs stated there was only discussion to appoint but no one was appointed.
Councilman Gordon requested a change to Page 3, 7th paragraph down, line 2, to delete the word
"reserves" and substitute "Fire Department budget revenues ".
MOVED by Mayor ProTem Wernick; SECONDED by Councilman Gordon to approve of the July
10 and 17, 1996 city council minutes as amended.. MOTION PASSED BY UNANIMOUS VOICE
VOTE 5/0.
7. Proposed class specifications and approved Resolution of the City Council of the City of El
Segundo, California, establishing the salary ranges for the positions of Accounting Manager,
Disaster Preparedness Coordinator, Recreation Coordinator, Wastewater Supervisor and Water
Supervisor. Fiscal Impact: Funding is included in the FY 1996/97 Operating Budget.
Councilwoman Friedkin questioned hiring additional staff.
MOVED by Mayor ProTem Wernick; SECONDED by Councilman Gordon to approve the class
specifications. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor
Jacobs, Mayor ProTem Wemick, Councilman Weston and Councilman Gordon. NOES:
Councilwoman Friedkin.
10. Award contract for the 1995 -96 Slurry Seal of Various Streets, Project No. PW 96 -6, to Pavement
Coatings Company (contract amount $84,677.88).
City Attorney Dolley stated that Mayor Jacobs, Mayor ProTem Wemick, and Councilman Weston
had conflicts of interest regarding this item and would have to draw straws to see which one would
be voting; Mayor ProTem Wernick drew the "x" paper.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to 1) Reject the second
low bid of California Pavement Maintenance as being non - responsive; 2) Award Contract Number
2459 to the lowest responsible bidder, Pavement Coatings Company, in the amount of
$84,677.88; 3) Authorized the Mayor to sign the standard Public Works construction agreement
after approval as to form by the City Attorney. MOTION PASSED BY THE FOLLOWING VOICE
VOTE 3/012 - AYES: Mayor ProTem Wemick, Councilwoman Friedkin and Councilman Gordon.
NOES: None. NOT PARTICIPATING: Mayor Jacobs and Councilman Weston.
F. NEW BUSINESS - CITY MANAGER -
Introduce Ordinance amending Section 20.54.050E. and adding Section 9.42.010 to the El
Segundo Municipal Code relating to the use of vehicles for human habitation.
Acting City Manager Grimmond informed the Council this item was being held over due to
the requirement of having to be published.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon stated he was grateful to be able to attend the Olympics, and his
thoughts and prayers are with those individuals who were hurt or killed in the bombing and
for their families.
Councilman Weston - NONE
Councilwoman Friedkin -
Request City Council adoption of a resolution to support the Southern California
Association of Government's (SCAG) "California First" Leadership Conference on
August 19, 1996 to enable Federal legislators to interact with local elected officials
and discuss issues of critical concern.
Councilwoman Friedkin gave a brief report; Mayor ProTem Wernick stated she was
not in favor of discussions regarding NAFTA. Discussed followed.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to adopt
Resolution No. 3981. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411.
AYES: Mayor Jacobs, Councilwoman Friedkin, Councilman Weston and
Councilman Gordon. NOES: Mayor ProTem Wemick.
2. Announced she was the City's Representative with the Department of Airports and SCAG,
and that her and Mayor Jacobs met with SCAG who met with the Department of Airports
who now agree to mediate with CES on problems with Los Angeles Airport.
3. Announced she was the City's Representative to the SBCCG.
Mayor Pro Tern Wernick -
1. Update Ordinances 1220 and 1228 to include Economic Development Department.
Council consensus for Mayor ProTem Wernick to ask staff questions, and then
prepare a more comprehensive report for a future meeting.
2. Report on League of California Cities' Conference in Monterey on July 17 -20, 1996.
Mayor ProTem Wernick gave a brief report on the conference and thanked the
resident's for giving her the opportunity to attend; Mayor Jacobs concurred and also
reported on the conference.
Mayor Jacobs -
Establish a policy for Councilmembers' submission of agenda items and relevant
reports.
Mayor Jacobs stated she felt the Council needed a policy for submission of agenda
items and relevant reports. Discussion followed.
Consensus for Council to submit documentation and brief description of agenda
item for insertion in the agenda packet no later than seven days prior to the City
Council meeting, if possible.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) One individual addressed
the City Council.
Peggy Turrell, resident commented on the music in the park and suggested the City televise future
events.
MEMORIALS - NONE
CLOSED SESSION
Mayor ProTem Wemick appointed Acting City Cleric.
The City Council moved into a closed session pursuant to applicable law at 9:30 pm., including the Brown
Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing
matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's
Labor Negotiators; as follows:
Continuation of matters listed on the City Council Agenda for 5:00 p.m., August 6, 1996 under "Closed
Session" (if needed).
RECONVENED at 10:40 p.m.
ROLL CALL
Mayor Jacobs Present
Mayor ProTem Wemick Present
Councilman Weston Present
Councilwoman Friedkin Present
Councilman Gordon Present
REPORT OF ACTION TAKEN IN CLOSED SESSION
MOVED by Councilman Gordon; SECONDED by Councilwoman Friedkin to put on agenda as emergency
item. Councilman Weston stated that he did not want to discuss this issue and wanted it to go to court on
Friday as scheduled. MOTION FAILED BY THE FOLLOWING VOICE VOTE 3/2: AYES: Councilman
Gordon and Councilwoman Friedkin. NOES: Mayor Jacobs, Mayor ProTem Wemick, and Councilman
Weston.
Mayor ProTem Wemick left at approximately 11:00 p.m.
CLOSED SESSION
Acting City Manager appointed Acting City Clerk.
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing
matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's
Labor Negotiators; as follows:
Continuation of matters listed on the City Council Agenda for 5:00 p.m., August 6, 1996 under "Closed
Session" (if needed).
RECONVENED at 12:15 a.m.
ROLL CALL
Mayor Jacobs
Present
Mayor ProTem Wemick
Absent
Councilman Weston
Present
Councilwoman Friedkin
Absent
Councilman Gordon
Present
REPORT OF ACTION TAKEN IN CLOSED SESSION
Council consensus to approve contract with the Police Officers Association.
ADJOURNED on August 7, 1996 at 12:17 a.m. to August 20, 1996 at 5:00 p.m.
C, o Freeman
D6puty City Clerk