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1989 DEC 20 CC MINEL SEGUNDO CITY COUNCIL MEETING - DECEMBER 20,1989- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson INVOCATION given by Bonnie Wulff, New Thought Church PLEDGE OF ALLEGIANCE led by Councilman Clutter PRESENTATIONS 1. Council recognized Bret Barrett as Youth of the Year ROLL CALL Councilman Anderson- present Councilman Clutter - present Councilman Dannen- present Councilman West - present Mayor Jacobson - present PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Brian O'Rourke, 627 W. Mariposa asked what became of the study regarding pornographic material being sold in the City. Mayor Jacobson stated this item is scheduled for the next Council meeting. Mr. O'Rourke expressed concern regarding the abundance of these materials. Mayor ProTem Dannen asked that information regarding licensing of this busniess be brought to Council for discussion. City Manager Cano stated all pertinent information would be brought to Council at the next Council meeting on January 3, 1990. 2. Marlene Butterworth, 206 W. Sycamore urged Council to go forward with the library. City Clerk Hart read written communication from the President of the Chamber, Sandra Jacobs thanking the community for their efforts in the recent Christmas parade and tree lighting ceremony. A. SPECIAL ORDERS OF BUSINESS 1. Analysis of the Imperial Street /Main Street Corridor /The Hiring and Retention of El Segundo Police Department Employees Police Chief Meehan gave Council an update and discussed a statistical crime analysis developed by reviewing the calls for service by Reporting Districts (RD). Chief Meehan stated that the major crimes in the City has diminished from 1988 and violent crimes such as robbery have diminished by 19% since that year. The Imperial Corridor is roughly bordered by five Reporting Districts. Chief Meehan stated there has been a history of crime in this area and of the five reporting districts, 38% of the incidents occur along Imperial Avenue, however this is 9% less in 1989 than in the previous year. Among the typical occurrences, stated Chief Meehan, are drunks, car burglaries, Alcohol Beverage Violation, Narcotics, D.U.I., unpalatable behavior, loitering, carport thefts, fights, shoplifting, vandalism and robberies. (1) Council Minutes December 20, 1989 The brainstorming session listed potential solutions to these problems, for example increased Alcohol Beverage Control enforcement, walk - thrus by patrol, graffiti clean- up, business alert program, environmental design, Imperial /Hillcrest closure, private security, restricted hours and a nuisance ordinance were among the suggestions. Of the suggestions offered, Chief Meehan stated the following would be most effective: special enforcement car (1800 -0400 hours), increased Alcohol Beverage Control enforcement, high visibility patrol, walk - thrus, private security, video camera recording, selective enforcement, parked police car, crime prevention /business alert program, graffiti removal, and an enabling ordinance that would give the police more authority. Among the listed solutions, many have been and are in the process of being implemented to create a significant impact on this area. Chief Meehan concluded by stating the El Segundo Police Department continues to identify priorities and pledges its commitment to respond to the immediate needs of citizens in the most expedient manner possible to ensure their safety. Councilman Clutter asked that the traffic study include Chief Meehan's suggestions and input. Chief Meehan stated all Southern California Departments surveyed are short of authorized personnel and the El Segundo Police Department is currently short eleven Police Officers, two Records Clerks, two Police Cadets, and is anticipating losing one to four Police Service Officers in the next several months. Chief Meehan asked Council to consider the following to avoid or prevent a shortage from occurring in the future: 1) overhire one Police Service Officer in anticipation of a vacancy; 2) continuously test for Police Officer applicants until authorized staffing levels are reached; 3) hire a temporary Clerk to assist with the hiring process; and 4) hire contract background investigators until authorized staffing levels are reached. Chief Meehan also gave Council an explanation of the merit ordinance and recommended to allow staff to more easily accept lateral entries and to allow reinstatement of separated employees up to three years. There has been problems in the past with hiring former officers and the requirement in place at the present for those officers required to complete the entire testing process. Chief Meehan concluded by assuring Council that additional funds are not necessary but could be taken from the Police Department Personnel Account which currently includes $350,000 appropriated in the 1989/90 budget for the five additional Police Officers which staff has not yet been able to hire. The goal is to reach 66 officers by June of 1990. City Manager Cano stated the matter of the merit ordinance will be researched and brought back to Council for discussion and review. Councilman Clutter asked if discussion and action regarding the merit ordinance could be considered at this time. City Attorney Dolley stated the Brown Act precludes any decision making regarding this matter. Mayor ProTem Dannen asked what the drop dead date was for ballot measures for the April 19, 1990 Election. City Clerk Hart stated the drop dead date for ballot measures is January 12, 1990. Mayor ProTem Dannen expressed concern regarding the need for Council discussion regarding this matter. (2) Council Minutes December 20, 1989 City Attorney Dolley stated this item could be considered an emergency issue if there was a unanimous vote of Council. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to discuss this item as an emergency issue affecting the welfare and safety of the citizens of the City. MOTION CARRIED BY UNANIMOUS VOICE VOTE. It was the consensus of Council to direct staff to prepare a resolution and or proper documents for the next Council meeting of January 3, 1990 to change the personnel code with regard to this matter and provide Council with the necessary ballot information to institute this as a ballot measure for the April, 1990 election. Council discussion continued regarding the background investigative work entailed for the hiring of one Police Officer. Councilman Anderson asked if disability retirement is a trend that the City should expect for the future. Chief Meehan stated the degree of disability retirement over the past few years is unusual and should not be expected to become a trend. 1. Brian O'Rourke, 627 W. Mariposa asked if the 66 officers under consideration for hire considers the completion of the Century Freeway. Expressed concern regarding the police reports listed in the El Segundo Herald and the potential lack of safety for pedestrians. Chief Meehan stated at present there is no way to tell how many officers will be needed. City Manager Cano asked if there was a particular intersection that concerned Mr. O'Rourke. Mr. O'Rourke stated primarily on the west side of town, West Mariposa Avenue and Richmond Street and Virginia street. At the hour of 8:22 p.m. Council recessed. At the hour of 8:41 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. City Attorney announced that Council would adjourn to a Closed Session authorized under 54956.9 (b). At the hour of 8:42 Council adjourned to the Mayor's Office for a Closed Session. At the hour of 11:00 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. 2. Public Hearing- Second reading and adoption of an Urgency Ordinance Adopting the 1988 Editions of the Uniform Building Code, the Uniform Building Code Standards, Uniform Plumbing Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Mechanical Code and Repealing Sections 16.04.110. (to eliminate the Deputy Inspector Program) 16.04.120. 16.04.130 of Chapter 16.04 and Declaring the Urgency Thereof. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing and Second reading and adoption of an Urgency Ordinance Adopting the 1988 Editions of the Uniform Building Code, the Uniform Building Code Standards, Uniform Plumbing Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Mechanical Code and Repealing Sections 16.04.110. (to eliminate the Deputy Inspector Program) 16.04.120. 16.04.130 of Chapter 16.04 and Declaring the Urgency Thereof. (3) Council Minutes December 20, 1989 Mayor Jacobson asked the City Clerk if proper notice of the hearing had been given. City Clerk Hart stated notice of the hearing was published by the Development Services Department. Mayor Jacobson asked if any written communication had been received. City Clerk Hart stated no written communication had been received. Mayor Jacobson opened the public hearing. City Attorney Dolley stated that Councilman Anderson had been advised not to participate in this matter due to a possible conflict of interest. City Manager Cano stated that all necessary precautions will be taken to address the needs of the business community and protect the interests of the City. City Attorney Dolley explained to Council regarding the Deputy Inspector Program and the legal ramification. Mr. Dolley stated there is a conflict of interest with the state. An amendment to eliminate the conflict can be undertaken. City Attorney Dolley stated an addition to the first page of the ordinance, chapter 16.04 is hereby amended by further amending section 306 A of the uniform Building Code to read in the first paragraph as follows: further in the same paragraph this section 5 shall not be effected or enforced until the city has received from the state authorities information regarding NEED TO GET ATTORNEY'S STATEMENT THAT HE SAID HE WOULD GIVE TO THE CLERK'S OFFICE TO FINISH THIS STATEMENT; Addition in section G, last page: to read as follows: Adding Section G the 1988 editions of the codes ascribed in the title to this Ordinance are hereby further amended that the City Council can further amend the said codes to comply with existing law. Mayor Jacobson opened the hearing to public input. 1. Dan McClain, representative of TRW Incorporated stated the inspector program has been effective. Expressed concern regarding the elimination of other program. Would like to continue doing business in this manner and stated his willingness to work with City staff. 2. Rod Spackeman, representative of Chevron USA stated he recognized the liabilities affecting the City and appreciated the efforts of the City Manager. Looking forward to working with the City. Mayor ProTem Dannen MOVED, Councilman West SECONDED to close the public hearing. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES:NONE ABSTENTIONS: Councilman Anderson City Attorney Dolley read the title of the following. URGENCY ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM PLUMBING CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, THE UNIFORM MECHANICAL CODE, AND REPEALING SECTIONS 16.04.110, 16.04.120, 16.04.130 OF CHAPTER 16.04 AND DECLARING THE URGENCY THEREOF. (4) Council Minutes December 20, 1989 Councilman West MOVED, Mayor ProTem Dannen SECONDED to waive further reading including changes as set forth by City Attorney Dolley. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES:NONE ABSTENTIONS: Councilman Anderson Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt as presented by staff. Mayor ProTem Dannen introduced. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES:NONE ABSTENTIONS: Councilman Anderson City Attorney Dolley read the title of the following: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING SCHEDULES OF FEES FOR WORK IN THE PUBLIC RIGHT OF WAY, AND FOR APPLICATION AND PROCESSING OF BUILDING, PLUMBING AND MECHANICAL PERMITS, PLATS AND SUBDIVISIONS, AND ZONING FEES. Councilman West MOVED, Mayor ProTem SECONDED to waive further reading. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES:NONE ABSTENTIONS: Councilman Anderson Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to adopt as presented by staff. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES:NONE ABSTENTIONS: Councilman Anderson 3. Report from Development Services Department on changes in procedure in Building Safety Division to maintain inspection service levels. City Manager Cano stated more information on this item is forthcoming to Council. It was the consensus of Council to maintain inspection service levels and avoid any conflict interest. (5) Council Minutes December 20, 1989 4. Public Hearing - Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo, Applicant: City of Los Angeles. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing - Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo, Applicant: City of Los Angeles. Mayor Jacobson asked the City Clerk if proper notice of the hearing had been given. City Clerk Hart stated notice of the hearing was published by the Development Services Department Mayor Jacobson asked if any written communication had been received. City Clerk Hart stated no written communication had been received. Mayor Jacobson opened the public hearing. City Manager Cano stated a letter was received on December 12, 1989 from the City of Los Angeles requesting this item be continued to January 17, 1990 Council Meeting. It was the consensus of Council to continue this Public Hearing to the January 16, 1990 Council Meeting. Council invited public input. 1. Gerhardt VanDrie, 724 W. Pine stated he felt it was unfortunate for the residents and the City that the City of Los Angeles felt it unnecessary to do an environmental impact report. City Attorney Dolley stated for the record that this was a Conditional Use Appeal and should come back to Council at the meeting of January 16, 1990. Councilman Anderson MOVED, Mayor ProTem Dannen SECONDED to continue the public hearing to January 16, 1990. MOTION CARRIED BY UNANIMOUS VOICE VOTE. B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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. Called for discussion by Mayor ProTem Dannen 2. Regular City Council Minutes - December 5, 1989. Approve 3. Furnishing and installing a 10 inch water line in Imperial Highway from 358 feet West of Sepulveda to Selby Street and in Sepulveda Boulevard from Walnut Avenue to Imperial Highwax Approve plans and specifications and authorize staff to advertise for bids. (6) Council Minutes December 20, 1989 4. Called for discussion by Mayor Jacobson 5. Resolution denying appeal of Planning decision to deny EA -194, Variance 89 -5 requested by Aura Systems, Inc. Staff recommends that the City Council memorialize its previous action to deny the appeal by Resolution adoption. 6. 1989 -90 Replacement of Sidewalk at Various Locations and Replacement of Walkways in Recreation Park- Project Number PW 89 -4. Reject the single bid of Damon Construction Company and authorize the staff to readvertise the project for receipt of bids. Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 1. Warrants Nos. 23838 -24019 Demand Register Summary Number 12 in total amount of $ 1,167,396.87 Approve: Warrant Demand Register and authorize staff to release check. Ratify: Payroll and Employee Benefit Checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. Mayor ProTem Dannen recommended not sending payment for the league of Cities conference for himself and Councilman Clutter since neither attended. Also Mayor ProTem Dannen pointed out the fact that any Councilman can remove a warrant and assume they have not been paid prior to Council's review. Mayor ProTem Dannen MOVED, Councilman West SECONDED to approve as presented by staff. Councilman West and Mayor Jacobson did not participate in the following vote due to conflict of interest. 4. Replacement/ Installation of Water Lines, 1989 -90 Approve plans and specifications and authorize staff to advertise for bids. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to approve. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Dannen, Clutter and Anderson NOES:NONE ABSTENTIONS: Councilmen West and Mayor Jacobson E. NEW BUSINESS -CITY MANAGER 1. Community Garden Project at the intersection of Holly Avenue and Penn Street adjacent to Recreation Park. City Manager Ron Cano stated a letter was received by the Senior Housing Board to continue this item. They requested further review in light of staff findings and recommendations. Councilman Anderson, Councilman West SECONDED to send the item back to staff to give the Senior Housing Corporation time to review. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (7) Council Minutes December 20, 1989 2. Zone Code Enforcement - Procedures and Code Amendments Director of Development Services stated staff recommends that City Council set a public hearing on the proposed amendments to the El Segundo Municipal Code. This proposal would provide administrative procedures and municipal code amendments to strengthen enforcement of the City's zoning regulations. This enforcement process would modify existing procedures and would add an "inspection" clause to the El Segundo Municipal Code to strengthen the City's feasibility in gaining compliance. Manager Cano concluded by further recommending that following the public hearing, City Council approve the administrative procedures and adopt the Municipal Code amendments for the reasons as previously stated. Councilman West questioned the need for a court order for compliance. Director Harris stated a primary change would include the right to entry and the opportunity to abate should compliance be deferred. Mayor ProTem Dannen expressed concern regarding abatement procedures. Councilman West stated he preferred the current procedure. Councilman Clutter was in favor of staff recommendations. Mayor ProTem Dannen suggested that at the change of ownership the problem should be abated. Director Harris stated that should Council decide not to enact a vehicle by which the City can gain compliance through policing, it was still staff's recommendation to hold a public hearing on this matter. Director Harris stated a residential inspection is frequently completed for real estate agents but even through notification to the prospective owner of violations, the City does not have in place a means for gaining compliance. Mayor ProTem Dannen MOVED, Councilman Anderson to hold a public hearing on this matter for January 16, 1990. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Staff will provide Council with information regarding the proposed property maintenance ordinance. 3. Update of the City of El Segundo's Article XIII B of the State Constitution ( "Gann ") Spending Limits. City Manager Cano stated this matter concerns the "Gann Limitation" with regard to the City of El Segundo. Manager Cano stated that recent Court rulings have not been reflected in El Segundo's "Limit" and past records reveal the City exceeding the Limit in 1979 -80 and 1980 -81. To avoid exceeding the limit for 1989 -90 or future years, staff recommends that a special consultant be hired to identify all the alternatives, options and factors to be considered, to recalculate the 'Base Year" and to apply the intervening adjustment factors in order to arrive at a "Limit" for 1989- 90 that the City of El Segundo can confidently rely upon. Councilman West MOVED, Councilman Anderson SECONDED to direct staff to hire a consultant to calculate /recalculate the City's 'Base Year" through current year Article XIII B Spending Limits based upon Current Law (Court Decisions). (8) Council Minutes December 20, 1989 Mayor ProTem Dannen asked for the need for a consultant if El Segundo did in fact reach the Gann Limit in previous years. City Manager Cano stated that based on interpretations of the previous years the City may need to readjust its own Gann Limit and Manager Cano stated he did not have the confidence in the figures on record. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 4. Library Renovation and Expansion Project -Delay of Bid Process: City Council Review. City Manager stated this item concerned the Library Renovation and expansion project. He stated Proposition 85 was enacted as the California Library Renovation and Bond Act of 1988. This act could conceivable grant funds to the City to cover the revenue that is still needed for this project, however there is some discrepancy regarding those cities that have already advertised for construction bids. Manager Cano offered a detailed report from the Director of Library Services. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to move forward with staff's recommendations. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 5. Consideration of Possible Amendment to Deed for the Golf Course Property. City Manager Cano stated this item refers to the proposed amendments to the golf course. The current restrictions in the grant deed do not provide optimum utilization of the property or benefit to the City. The deed clearly allows for restaurant, clubhouse and related retail uses. Chevron has also agreed to remove from the deed any rights or restrictions it may have to amend future land uses of the property. Manager Cano concluded by recommending the Council approve the proposed amendments to the deed and authorize staff to execute. City Manager Cano stated there was an amendment to Section 1, fourth line, to read as follows: "... of a public golf course, including, but not limited to..." Councilman Anderson MOVED, Councilman West SECONDED to accept staffs recommendation. MOTION CARRIED BY UNANIMOUS VOICE VOTE. F. NEW BUSINESS -CITY ATTORNEY - NONE G. COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson - NONE - Councilman Clutter - NONE - Councilman West - NONE -Mayor Pro Tem Dannen 1. Campaign Reform Ordinances Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to continue the remainder of the agenda to December 21, 1989 at 7:00 p.m. Councilman West asked that this item be discussed at this time. Mayor ProTem Dannen withdrew his MOTION, Councilman Clutter withdrew his SECOND. (9) Council Minutes December 20, 1989 Council discussion ensued regarding an ordinance provided by Mayor ProTem Dannen establishing election campaign reform. Councilman Anderson objected to "Contributions" on the first page. Councilman West asked that the issue of "Mass Mailings" be reviewed with regard to an individual. Mr. West also made reference to "contributions" on several pages and the wording and inference the language it implies. On the last page referencing, "Civil Action" felt that court costs should be reimbursed for both parties. Councilman West also stated that much of the concepts contained within the document reminded him of jury meandering. Mayor Jacobson pointed out a contradiction with regard to Section 2.09.030 and 2.09.080 and asked the City Attorney to review those sections. Reference was also made to page two of title page Election Campaign Financing, second paragraph, amend sentence to read "...is determined that the Political Reform Act of 1974, as amended shall apply..." Page 3, bottom of page (b) Person Defined, too broad in describing "person ". Page 4, (d) asked the City Attorney to review this section. Page 5, (e) should list $1000.00 in both monetary discussions; last page, additional filings be 12:00 noon and under Last Filing rearrange the day requirement for filing. City Attorney Dolley stated he would report on the progress of this project at the next Council meeting of January 3, 1990. At the hour of 12:50 a.m. Mayor Jacobson left the dais. At the hour of 12:53 a.m. Mayor Jacobson returned to the dais. 2. Salary Raise for the City Clerk and City Treasurer Council discussion and possible action of resolution Mayor ProTem Dannen asked to strike the third paragraph beginning with "The above named officials..." from the resolution. Councilman Anderson questioned the amount of compensation. Mayor Jacobson stated the City of Hermosa had just raised the rates of the City Clerk and City Treasurer within this amount. City Attorney Dolley read the title of the following. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 1A1 (ELECTIVE AND APPOINTIVE OFFICERS) OF THE EL SEGUNDO ADMINISTRATIVE CODE. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt with the noted paragraph exclusion. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and Mayor Jacobson NOES:Councilman West (10) Council Minutes December 20, 1989 -Mayor Jacobson Requested staff begin advertising for the Senior Housing Board. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. J.B. Wise, 519 Maryland felt the campaign reforms should be made a ballot measure for the people decide. 2. Rod Spackeman, representative of Chevron USA gave his views on campaign reforms and asked not to use big business as a 'bad guy" in the political process. Council wished the community a Merry Christmas and a safe New Year. Council also announced that the next City Council meeting would be held on January 3rd, 1990. MEMORIALS - NONE ADJOURNMENT At the hour of 1:10 a.m. Council adjourned. RECORDED, RONALD L. HART, CMC, CITY CLERK (11) Council Minutes December 20, 1989