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1989 MAY 02 CC MINEL SEGUNDO CITY COUNCIL MINUTES -MAY 2,1989- 7:00PM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. PLEDGE OF ALLEGIANCE led by Councilman Jim Clutter PRESENTATIONS 1. Council recognized City Employee for the Month of May, 1989 - Karen Stone, Library 2. Councilman West proclaimed -" Shatter Silence Month" -May, 1989. 3. Mayor ProTem Dannen proclaimed- Older Americans Recognition Month. 4. Councilman Anderson proclaimed -Fire Service Day -May 13, 1989. 5. Councilman Clutter proclaimed- Respect for Law Week -May 14- 20, 1989. 6. Council recognized Aubree Mazzola and Chad Horton, Zone Winners in Optimists Oratorical Contest. 7. Interim City Manager Frank Meehan introduced Interim Planning Manager, Jane Benefield. ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman West - present Mayor ProTem Dannen - present Mayor Jacobson - present PUBLIC COMMUNICATIONS (City business only -5 minute limit) 1. Letter from Reda Anderson, requesting "vested rights" regarding R -3 Ordinance to be reinterpreted. Current requirement: permit issued, demolition of existing building foundation dug and poured by May 11, 1989. Suggested to be substituted with plans submitted to Plan Check by April 11, 1989. Reda Anderson, 141 Concord, 133 Whiting St. urged Council to allow her to continue with her project as she is caught in the "pipeline" of time regarding the City's interpretation of "vested rights" in regards to the recent adopted R -3 Ordinance. Councilman Anderson and Councilman West concurred with Ms. Anderson in her request and were concerned about her financial investment. 2. Rich Reed, 414 W. Oak gave Council an update regarding his Music Reform System. Asked for Council's endorsement of his candidacy for the National Endowment of the Arts Board. 3. Dennis Martin, 722 Indiana Court commented on the budget deficit and suggested a "Town Hall" public discussion regarding the upcoming budget study sessions. (1) Council Minutes May 2, 1989 SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Recommendations Implementing the Griffith and Associates' Cost Allocation /User Fee Study for the Recreation and Park Department. Held over from April 18, 1989. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Recommendations Implementing the Griffith and Associates' Cost Allocation /User Fee Study for the Recreation and Park Department. Mayor Jacobson asked if proper notice of the hearing had been given. Deputy City Clerk, Juanita Zarilla stated notice of the hearing had been published by the legal department in a timely manner. Mayor Jacobson asked if any written communication had been received. Deputy City Clerk, Juanita Zarilla stated none had been received by the Clerk's Office. Mayor Jacobson opened the public hearing. Richard Croxall, Chairman Recreation and Parks Commission submitted recommendations based on the previous study session held with the City Council. Chairman Croxall reminded Council that Youth (15 and under) and Senior Citizens have been exempted from fee increases. Liz Garnholz, 442 Whiting Street, expressed concern regarding the quality of service at the Urho Saari Swim Stadium and the potential increased fee structure for the use of the facility. Chairman Croxall read the proposed fee schedule for the pool facilities in the City. Director of Parks and Recreation, Bob MM stated there have been problems at the Swim Stadium (plunge) with water temperature being at the top of their concerns, but it is an old facility and he felt the staff are doing their best to expedite the proper corrections as present personnel and funds allow. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to Close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE Councilman West expressed concern regarding the fee schedule and urged Council to continue with further discussion and study before implementing. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to put this item off indefinitely pending possible tax measures and further review during the upcoming Budget Study Sessions. MOTION CARRIED BY UNANIMOUS VOICE VOTE UNFINISHED BUSINESS 1. Public Hearing- Implementation of the Griffith and Associates Cost Allocation /User Fee Study for the Fire Department as it pertains to Paramedics /EMS Fees. Continued from April 18, 1989. Mayor Jacobson announced that this was the time and place heretofore fixed for a continued Public Hearing on the Implementation of the Griffith and Associates Cost Allocation /User Fee Study for the Fire Department as it pertains to Paramedics /EMS Fees. Mayor Jacobson asked if proper notice of the hearing had been given. Deputy City Clerk, Juanita Zarilla stated notice of the hearing had been published by the legal department in a timely manner. (2) Council Minutes May 2, 1989 Mayor Jacobson asked if any written communication had been received. Deputy City Clerk, Juanita Zarilla stated none had been received by the Clerk's Office. Mayor Jacobson opened the public hearing. 1. Dennis Martin, 722 Indiana asked Council to reconsider imposing fees for life and death situations, as related to the Paramedic service within the City. Councilman West suggested notifying citizens through the mail. Also advised citizens to check their current insurance policy to see if coverage for transport services is included. Mayor ProTem Dannen suggested tabling this item pending the current tax situation. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to table this item pending the current tax situation and future tentative Budget Study Sessions. MOTION CARRIED BY UNANIMOUS VOICE VOTE At the hour of 8:18 p.m. Council recessed. At the hour 8:28 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Transmittal of Planning Commission Resolution No. 2245 clarifying a land use ambiguity regarding skateboard ramps in R -1 Zones. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to receive and file this item. Councilman West called for discussion and expressed his disfavor of this item and urged his colleagues to reconsider. Councilman Anderson stated there has already been a ramp made and is available for use by the youth of the City. Mayor Jacobson called for the vote. MOTION CARRIED BY UNANIMOUS VOICE VOTE 2. Request for Council in filling one vacancy on the Senior Housing Board and two vacancies on the Recreation and Parks Commission. Mayor ProTem Dannen MOVED to advertise for the three positions as listed, Councilman Clutter SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 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. Warrants Nos. 19771 -20017 Demand Register Summary Number 22 in total amount of $ 1,596,687.08 Approve: Warrant Demand Register and authorize staff to release checks.Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. (3) Council Minutes May 2, 1989 CONSENT AGENDA - CONTINUED 3. 1988 -89 Heater Remix and asphalt concrete overlay on streets at various locations (Project PW# 89 -3). Approve plans and specifications and authorize staff to advertise for bids. 5. Request to fill expiring term of City's Representative to the Private Industry Council of the South Bay Service Delivery Area (Federal Training Program). Reappoint current private industry council representative. 6. Request from Chamber of Commerce for City to approve and co- sponsor 5th Annual Main Street Runs -June 17. 1989. Approve request Councilman West requested item number two and Interim City Manager Meehan requested item number four be removed for clarification. Councilman West MOVED, Councilman Anderson SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 2. Lease agreement with Eaton Corporation, to lease approximately 6,000 square feet of City Property for parking purposes adjacent to the Eaton's facility at 2338 Alaska Avenue. Approve lease agreement for execution by the Mayor Councilman West expressed concern regarding the parking lot usage. Interim City Manager Meehan clarified that the given parking area had recently been under lease but not renewed. Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve the lease agreement. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 4. Request from Pacific Bell for extension of permit for 9 temporary trailers located at 2300 East Imperial Highway. Approve request Interim City Manager Meehan clarified the summary sheet back -up pertaining to the total funds to be received. Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve the lease agreement. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS -CITY MANAGER 1. Use of one driveway and reciprocal easements as means of access to two legal lots under separate ownership.Held over from April 18, 1989 Council Meeting. Director of Development Services Lynn Harris stated this resolution is for policy recommending the Planning Commission review the use of a common driveway, shared by two legal lots and recordation of a reciprocal easement with an accompanying fee $125.00. Guidelines for review may include a review of the compatibility of surrounding land uses, landscaping, setbacks and density and effect upon the public welfare and the General Plan will be considered prior to the Planning Commission action on the matter. Councilman West asked how open the Commission would be to variances on this matter. (4) Council Minutes May 2, 1989 NEW BUSINESS -CITY MANAGER- CONTINUED Director Harris stated the commission's intent is not to prohibit reciprocal easements but to provide guidelines. Mayor ProTem Dannen urged Council to prohibit reciprocal easements and encourage variances with specific guidelines if absolutely necessary. Development Services Director Harris gave a brief synopsis and interpretation of the City Code regarding the use of the variance procedures in regards to the subject. She also stated that if it was the consensus of Council she would recommend that number 1 item be added to the draft resolution, changing the other numbers to 2 and 3; that the addendum state that any lot or lots proposing the use of reciprocal access easements be considered as a single development site for the purpose of review under CEQA 3517. Mayor ProTem Dannen MOVED, Councilman West SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Attorney Dolley read the title of the following: RESOLUTION NO. 3592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A POLICY TO REQUIRE PLANNING COMMISSION REVIEW AND APPROVAL FOR RECIPROCAL DRIVEWAY ACCESS EASEMENTS AND FURTHER SETTING AN APPLICATION PROCESSING FEE FOR SUCH REVIEW. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to adopt as presented by staff with the suggested addendum (adding a number 1 and changing the existing numbers to 2 and 3) by Development Services Director Harris. MOTION CARRIED BY UNANIMOUS VOICE. 2. City's Fiscal Condition:Reduction Policies and New Revenue Policies. Council direction and action Mayor ProTem Dannen suggested the following items for staff research.It was the consensus of Council to send the following items to staff for research and review: - The necessary language to remove the "Sunset Clause" within the business license ordinance;provide language to increase the head tax by $20 per person;information regarding doubling the current business license tax fees;research on gross payroll expense tax (how much money would be generated). Councilman West consented to the research of the above items but expressed concern regarding the fact that the above taxes are all directed at industry. Councilman Anderson requested the following items on the agenda for discussion: -Trash collection fee; and street assessment districts for street sweeping and street lighting. Mayor Jacobson directed staff to review all of the above items, and since gross payroll tax research had been requested previously, requested the City Manager to have this brought back to Council in 30 days. City Manager Meehan concurred. (5) Council Minutes May 2, 1989 NEW BUSINESS- CITY ATTORNEY 1. Ordinance Regulating Smoking in Public Areas and Workplaces. Introduce ordinance -1st reading. City Attorney informed Council that the draft ordinance presented to them was the direct result of changes made from the last Council Meeting on April 4, 1989. Councilman Anderson asked for further clarification that this was the original as presented on April 4, 1989, with amended changes made by Council. City Attorney Dolley confirmed. Councilman West, stated it was acceptable to him as presented and he was prepared to vote in favor of the introduction of the ordinance. Councilman Clutter stated that in his opinion Section 6.24.040 (b) under B did not accomplish anything and was insufficient. Mayor ProTem Dannen agreed with Councilman Clutter, and suggested that an additional paragraph (c) be added under Section 6.24.040 stating that smoking shall be prohibited in all common workareas in a place of employment, unless every person who works in that workplace is a smoker. Councilman Anderson asked for a definition of the term " workarea". City Attorney Dolley acknowledged Councilman Anderson's inquiry and suggested to Mayor ProTem Dannen that his wording be changed from workarea to workplaces, since workplaces were already defined within the ordinance. Mayor ProTem Dannen and Councilman Clutter agreed. Mayor Protem Dannen questioned Section 6.24.040, D, (c) stating that this section contradicted Section 6.24.040, B, (c). City Attorney Dolley confirmed, and advised Council to remove Section 6.24.040, D,(c) from the draft ordinance. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED, to waive further reading of subject ordinance. MOTION CARRIED BY AN UNANIMOUS VOICE VOTE. City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW CHAPTER 6.24 TO TITLE 6 OF THE EL SEGUNDO MUNICIPAL CODE REGULATING SMOKING IN PUBLIC AREAS AND WORK PLACES. City Attorney Dolley stated that the ordinance has been amended by adding the language as presented and read (with workareas changed to workplaces) adding a new Section 6.24.040, B, (c) and eliminating Section 6.24.040, D, (c). Mayor ProTem Dannen introduced the ordinance. City Attorney stated the ordinance would return to Council for adoption at the next regular scheduled Council Meeting on May 16, 1989. (6) Council Minutes May 2, 1989 NEW BUSINESS- CITY ATTORNEY - CONTINUED 2. Exchange of properties of comparable value between the City (616 W. Imperial Avenue) and School District (SW corner of Main and Mariposa). Approve in concept the exchange of properties;direct the preparation of an agreement and authorize Mayor to sign the agreement and all closing documents to effect the exchange;recommend Closed Session prior to decision. It was the consensus of Council under City Attorney Dolley's advisement to consider this matter under Closed Session. 3. City of Los Angeles Invoice for estimated Hyperion Sewage Disposal (Operations and Maintenance) charges for fiscal year 1988 -89. Held over from April 18, 1989 Council Meeting. Recommend Closed Session prior to decision. It was the consensus of Council under City Attorney Dolley's advisement to consider this matter under Closed Session. COUNCIIMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Reminded citizens of the upcoming "Let's Do Lunch" event sponsored by DESI,which will begin on May 3, 1989. - Councilman Clutter -NONE - Councilman West Reminded staff and the City Manager of his request from the November 15, 1988 City Council Meeting: an explanation (chart) regarding the financing of the establishment of the City's Development Services Department and Administrative Department. -Mayor Pro Tem. Dannen 1. Deadline dates for City's participation in the November 1989 County -Wide Election. Mayor ProTem Dannen stated the Council has until August 11, 1989 to get necessary documents to the County to consolidate for the County -Wide 1989 November Election. -Mayor Jacobson Commended the Water Department on their displays in observance of Water Conservation Week and also made reference that their would be some ballot measures pertaining to City's Personnel Regulations that would need to be considered if we consolidated with the County in November. PUBLIC COMMUNICATIONS- (City business only -5 minute limit) 1. Bob Stern, Representative for Non - Smoking Rights stated there is nothing in the Ordinance that protects the nonsmoker in meeting and conference rooms. City Attorney disagreed and stated "public places" in the ordinance includes meeting and conference rooms. 2. Ed McCarroll, 2519 Kansas, Santa Monica.President of Non - Smokers, El Segundo Project, thanked the Council for their ordinance but expressed concern regarding security buildings exempt from the definition of public places. (7) Council Minutes May 2, 1989 PUBLIC COMMUNICATIONS- CONTINUED City Attorney Dolley reaffirmed that this Ordinance is enforceable as presented. 3. Timothy Chang. 723 W. Palm thanked Council for their consideration of the introduced smoking ordinance. 4. Liz Garnholz. 442 Whiting Street. expressed concern regarding the communication problems between the City and residents and suggested another sign as the City now has on Imperial Avenue. 5. Dennis Martin, 722 Indiana thanked the Council for the smoking ordinance. 6. Lewis Jensen. 402 Virginia Street. expressed concern regarding the City Council's possible reaction to an outside pressure group in regards to their introduction of a City Smoking Ordinance/ CLOSED SESSIONS Pursuant to the California Government Code a Closed Session will be held on the following matters: GC 54956.9(a) (City a Party to pending litigation) LOS ANGELES VS CITY OF EL SEGUNDO GC 54956.9(b) (City might have significant exposure to litigation 1 matter 54956.9(c) (City might decide to initiate litigation) 1 matter At the hour of 9:55 p.m. Council adjourned to the Mayor's Office for Closed Session. At the hour of 11:15 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. City Attorney Dolley stated the following on items under NEW BUSINESS -CITY ATTORNEY that he advised Council to consider under Closed Session: NEW BUSINESS- CITY ATTORNEY 2. Exchange of properties of comparable value between the City (616 W. Imperial Avenue) and School District (SW corner of Main and Mariposa). Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to consider this item at the Council Meeting on May 16, 1989.MOTION WAS CARRIED BY AN UNANIMOUS VOICE VOTE. 3. City of Los Angeles Invoice for estimated Hyperion Sewage Disposal (Operations and Maintenance) charges for fiscal year 1988 -89. Held over from April 18, 1989 Council Meeting. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to direct the City Manager to direct a letter to the City of Los Angeles requiring the City of Los Angeles to justify the 1988 -1989 charges contained in the demand letter from them.MOTION WAS CARRIED BY AN UNANIMOUS VOICE VOTE. At 11:25 p.m. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED, to again adjourn to Closed Session to discuss a Personnel Matter. THE MOTION WAS CARRIED BY THE FOLLOWING VOTE: Ayes: Councilman Anderson, Clutter, Dannen and Mayor Jacobson. Noes: Councilman West Council reconvened at 11:40 p.m. City Attorney Dolley stated no announcements were necessary. (8) Council Minutes May 2, 1989 r;1ON0 )ZII I.IN�M At the hour of 11:48 p.m. Council adjourned. RECORDED BY, JUANITA Z LLA, CMC DEPUTY CITY CLERK (9) Council Minutes May 2, 1989