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1989 MAY 16 CC MINEL SEGUNDO CITY COUNCIL MINUTES -MAY 16,1989- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson at 7:00 p.m. INVOCATION given by Rev. Alexei Smith, Pastor of St. Andrew Russian -Greek Catholic Church. PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen PRESENTATIONS - NONE ROLL CALL Councilman Anderson- present Councilman Clutter- present Councilman Dannen- present Councilman West- present Mayor Jacobson- present PUBLIC COMM[TNICATIONS -(City Business Only- 5 minute limit) 1. Oscar Robison, 343 W. Acacia asked the City Attorney if the City had the right to deny a permit if all the laws were in compliance. Urged Council to deny the decision of the Planning Commission in the following Public Hearing to follow under Special Orders of Business. City Attorney Dolley stated that all the facts must be reviewed in each individual consideration in order to make this determination. SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Appeals to City Council on two projects at 730 Indiana Court and 731 Indiana Court of 7 units each denied for environmental and safety reasons by the Planning Commission on April 13, 1989 Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing - Appeals to City Council on two projects at 730 Indiana Court and 731 Indiana Court of 7 units each denied for environmental and safety reasons by the Planning Commission on April 13, 1989. Mayor Jacobson asked if proper notice of the hearing had been given. Madam Clerk Zarilla stated notice of the hearing was published by the Planning Department. Mayor Jacobson asked if any written communication had been received. Madam Clerk Zarilla stated a letter had been received on May 16,1989 at 4:30 pm from Mr. Ron Pierce requesting Council to uphold the Planning Commission decision. Mayor Jacobson opened the public hearing. Interim Planning Manager, Jane Benefield stated the project on 730 Indiana Court proposes to demolish an existing apartment unit and construct the new project with a lot coverage of 5,186 S.F. on a 8,890 S.F. lot. The resulting lot coverage is 58 %. The building will be three - stories and 30 -feet in height. Parking is provided for 14 residential spaces plus one guest space for the units built above the garages. Ms. Benefield continued by stating that the project on 731 Indiana Court proposes to demolish an existing apartment unit and construct the new project with a lot coverage of 5,187 S.F. on a 9,175 S.F. lot. The resulting lot coverage is 57 %. The building will also be three - stories and 30 -feet in height. The provision for parking is the same. (1) Council Minutes May 16, 1989 SPECIAL ORDERS OF BUSINESS- continued Interim Planning Manager, Benefield stated the applicant was given the opportunity to submit mitigations to the noted environmental problems in the project prior to denial, but the applicant refused and thus the denial was carried forward. Council opened the public hearing to public comment. 1. Oscar Robison, 314 W. Acacia stated the environmental review was not negated by the Planning Commission, the front and sideyard setbacks were clearly defined, the parking consideration was given a 300% increase as is normally required for a project of this size and the Planning Commission denied his client the right to build on the basis that this project was considered "overambitious for the site ". Mr. Robison further stated conditions were verbalized to the Planning Commission but concern for the May 11, 1989 (R -3 Zone Ordinance) deadline impeded his efforts to provide the Planning Commission with a new set of plans. Mr. Robison urged Council to reverse the Planning Commission decision and allow his client to build under legislation prior to the May 11, 1989 enactment of the R -3 Ordinance. Mayor Jacobson stated it was understandable for the Planning Commission needing to visually see the altered conditions on paper in order to approve the project. Seeing no other persons wishing to address Council, Councilman Clutter MOVED, Councilman West SECONDED to close the public hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Council expressed concern regarding the turning radius in the subject parking area. Mayor ProTem Dannen expressed concern for persons using the proposed project's laundry room and questioned why this was not considered a potential hazard. Interim Planning Manager, Benefield stated there could quite possibly be a hazard and should, in her opinion, have been indicated. Mayor ProTem Dannen felt the negative declaration should not have been issued. Mayor ProTem Dannen stated in his opinion the Planning Commission acted properly and in a responsible manner in requesting a new revised set of plans, with the changes as requested. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to uphold the Planning Commission's decision and direct the City Attorney to provide the Council with a new resolution stating denial. Councilman Anderson clarified that the applicant could submit another set of revised plans. City Attorney Dolley affirmed Councilman Anderson's statement and added that the applicant may submit new plans however, with the passage of the new R -3 Ordinance as the exemption exists at present, it is only for those projects having vested rights, as determined previously by Council. Councilman West stated that in past experiences he has noted where the City Council or Planning Commission approved a project based on the applicants agreement to include all the newly advised conditions in the revised plans. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and Mayor Jacobson NOES:Councilman West At the hour of 8:12 p.m. Council recessed. At the hour of 8:20 p.m. Council reconvened in the Council chambers with all members present and answering roll call. (2) Council Minutes May 16, 1989 UNFINISHED BUSINESS 1. Ordinance Regulating Smoking in Public Areas and workplace. City Attorney Dolley read the title of the following. ORDINANCE NO. 1140 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 REGULATIONS SMOKING IN PUBLIC AREAS AND WORK PLACES. Mayor ProTem Dannen MOVED, Councilman West SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor Jacobson stated he believed this is an employer- employee matter and the Council should not be a decision making body in such matters. Councilman West MOVED, Councilman Clutter SECONDED to adopt the subject ordinance. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and West NOES:Mayor Jacobson REPORTS OF COMMITTEES, BOARDS AND COMM19SIONS - NONE 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. 2. It is proposed to allocate (not to exceed) $25,000 from the sale of a forfeited narcotic vehicle to purchase two (2) undercover police vehicles to be outfitted with a 3. Recommendation to award contract for the Furnishing and Application of Slurry Seal at Various Locations - Project PW 89 -1. Award contract [Contract - Public Works Division] 4. Traffic Signal Installation at the Intersection of Main Street and Imperial Avenue. Accept the work as complete 6. Request for extension of Temporary Trailer Permit - Hughes Aircraft Company, Approve request Mayor ProTem Dannen requested items number one and five be removed for discussion. Councilman Anderson MOVED, Councilman West 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. 200018 -20255 Demand Register Summary Number 23 in total amount of $855,526.09 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. (3) Council Minutes May 16, 1989 CONSENT AGENDA - continued Mayor ProTem Dannen expressed concern over the increase in spending and urged staff not to spend unnecessarily. He made reference to a $7,000 computer purchase. Interim Finance Director, John Stark stated that monies not spent during a fiscal period remain in the General Fund for the next fiscal year. Mayor ProTem Dannen MOVED, Councilman West SECONDED to approve the Warrant Register. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 5. Curb, gutter and driveway replacement on California Street and Washington Street - Project Number PW 88 -9. Adopt plans and specifications and authorize staff to advertise for bids. Mayor ProTem Dannen expressed concern over the funding necessary for this project. Councilman Clutter asked if staff might check on the conditions of the sprinklers and their overage into the street at this location. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED, to deny this item pending further action by staff. MOTION CARRIED BY UNANIMOUS VOTE. Councilman Clutter did not formally pull item number four for discussion but expressed concern regarding the traffic light synchronization on the corner of Main Street and Imperial Avenue and Main Street and Imperial Highway. Council directed staff to report back to Council with their findings. NEW BUSINESS -CITY MANAGER 1. Recommendation to Award a Contract to Comp Plus to Conduct a City -Wide Employee Classification, Compensation and FLSA Study and Reject Bids for a Medical Award contract and authorize City Manager to execute agreement. [Contract - Personnel Department]. Personnel Director, Fred Weiner stated the City last contracted to have a classification and salary plan prepared in 1978. Since then, the number of classifications city -wide has increased 52 %. Modifications to the plan include the authorization of 20 new classifications and at least 17 reclassifications. This plan is designed to provide the City with a legally defensible, understandable, and rational basis for assigning individuals to positions and compensating those individuals fairly and equitably in relation to one another and the labor market. Additional benefits of a valid classification and compensation plan include: 1) Providing a sound basis for recruiting, testing and selecting city employees. 2) Establishing a framework for evaluating employee job performance during probationary and continuing periods of employment and developing training programs. 3) Continuing to provide a foundation for fair and legally defensible employment practices. 4) Maintaining employee morale. 5) Verifying employees are performing the work for which they are being compensated. Personnel Director Weiner concluded by stating that staff recommends Council award the contract to Comp Plus, a subsidiary of William Hamilton and Associates, to conduct a City -wide employee classification, compensation and FLSA study and reject bids for a Medical Standards Study. (4) Council Minutes May 16, 1989 NEW BUSINESS CITY MANAGER-continued Council discussed the need for the project, if the money should be allocated and if this project could provide viable organizational information for Council that may result in City savings. Director Weiner stated this study was not an Organizational Audit, but there would be some information provided in this area. Mayor ProTem Dannen asked if this was similar to the Personnel Regulation Study and asked for the status. Director Weiner stated the Personnel Regulation Study should be completed within the next 2 weeks and it was very different in context than a Classification Study. Marta Rubella. Representative from Comp Plus statedbeneficial items received through such a study might include: Classification Specifications and Internal Salary recommendations. Her company will share any other useful information (i.e., reassignment of work) that might facilitate a savings to the City. It was a consensus of Council that this was a needed project but would postpone decision on this item for at least 60 days but not more than 90 pending budget deliberations. 2. Oral Report: Review of Status of Cable Television System Rebuild. Wendy White. Community Cable Program Supervisor gave Council an update regarding the cable system rebuild stating that it was completed in late February, 1989. The rebuild was to provide better reception, sixty channel lines, two full -time dedicated channels and the capability for live broadcasts from the School District Board Room, the El Segundo Public Library and the Joslyn Center (Institutional Networking -INET) . Ms. White stated 309 complaints were logged which included construction problems, service problems, lack of sufficient information to customers, and general dissatisfaction. Most of these complaints were satisfied, with present complaints dealing with billing procedures and basic service increases since the initial rebuild. The largest complaints received were the faulty receptions received on Channel 57. She informed Council the City owned transmitting equipment is antiquated and is literally falling apart. She confirmed that cable representatives have assisted her in amplification and wiring adjustments but urged Council to consider needed equipment. She advised Council that in the near future, due to our failing equipment, transmissions may be limited or not possible on local stations. Councilman Anderson expressed his dissatisfaction with the rebuild system and its inability to function with his own personal entertainment center. Mayor ProTem Dannen and Councilman Clutter stated an overall dissatisfaction with service and reception. Mayor Jacobson stated Paragon has not adhered to the Institutional Networking and it has of this date not materialized, as originally agreed upon. Councilman West expressed that his personal interactions with Paragon have been satisfactory, although he has received several complaints from residents. City Attorney Dolley stated that the current situation with Paragon could be reviewed to determine if a factual violation of the original agreement has occurred. Councilman Anderson suggested that a Public Hearing be scheduled so residents may air their complaints regarding the results of the rebuild system. City Attorney Dolley advised Council to consider this matter in Closed Session. (5) Council Minutes May 16, 1989 Councilman West left the Council Chambers at 9:21 p.m. and returned at 9:26 p.m. 3. City's fiscal Condition:Reduction Policies and New Revenue Policies It was the consensus of Council to hold Budget Study Sessions on the following dates: Tuesday, May 30, Wednesday, May 31, Thursday, June 1, Friday, June 2 (tentative), Monday, June 5 and if needed on Wednesday, June 7 and Thursday, June 8, 1989. Mayor ProTem Dannen stated he wanted to make the citizens aware that the City will be contemplating a 14 million dollar bill for Hyperion services over the next 14 years. NEW BUSINESS -CITY ATTORNEY City Attorney Dolley advised the following two items be held for Closed Session discussions. 1. Exchange of properties of comparable value between the City (616 W. Imperial Avenue and School District (SW corner of Main and Mariposa). Held over from May 2, 1989 Council Meeting. 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. [Agreement -Legal Department] 2. Report on Development Services Reorganization- Requestedby Councilman West COUNCIL.MEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson - NONE - Councilman Clutter - NONE - Councilman West - NONE -Mayor Pro Tern Dannen Discussion of Urho Saari Swim Stadium. Mayor ProTem Dannen expressed critical concern regarding the liability of the plunge and requested City inspectors to scrutinize the building and report back to Council with their findings and possible projected expenditures. -Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Jerry Saunders, El Segundo Chamber President asked to purchase a copy of the budget before the first Budget Study Session of May 30, 1989. 2. Dennis Martin, 722 Indiana Court asked that more than one copy of the budget be available to check out at the library and suggested coordinating the Business License Fees with the Fiscal Year for the City. Council requested staff to have at least 6 copies for review in the Library and a copy in the City Clerk's Office. Mayor Jacobson also requested that Wendy White have the Budget Study Sessions videotaped for public viewing, as announced by Council. (6) Council Minutes May 16, 1989 PUBLIC COMMUNICATIONS-continued 3. Rich Reed, 414 W. Oak requested the Recreation and Parks Department investigate and endorse his music theory system. MEMORIALS - Mr. Lloyd Peerboom CLOSED SESSION 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 HOMETEL VS CITY OF EL SEGUNDO AMERICAN GOLF VS CITY OF EL SEGUNDO GC 54956.9(b) -City might have significant exposure to litigation 1 matters GC 54956.9(c) -City might decide to initiate litigation 1 matters GC 54957.6 - Employee Group Negotiations 2 matters At 9:55 p.m. Council adjourned to the Mayor's Office for Closed Session. At 11:37 p.m. Mayor ProTem Dannen entered the Council Chambers. The remainder of Council reconvened in the Council Chambers at 11:40 pm with all members then present and answering roll call. The following announcements were made by City Attorney Dolley: 1. Exchange of properties of comparable value between the City (616 W. Imperial Avenue and School District (SW corner of Main and Mariposa). Held over from May 2, 1989 Council Meeting. City Attorney Dolley stated that it was recommend that the City Council authorize final preparation of documents providing for exchange of property as listed in the agenda item #1 under City Attorney; a contract with a six months "drop dead" date and authorize the Mayor to sign agreements and forward them to the El Segundo School District. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED, to approve the City Attorney's recommendation .MOTION CARRIED BY AN UNANIMOUS VOICE VOTE. City Attorney Dolley also stated that Council had directed him and staff to look into what appears to be violations of the Paragon Contract and to take appropriate action if it is urgent through the Mayor and to report in any event back to Council at the next meeting. Mr. Dolley also will prepare a Cable Regulation Ordinance which will be brought back at the next meeting. No other action was taken by Council in Closed Session. ADJOURNMENT At the hour of 12:10 a.m. Council adjourned to a Budget Study Session, on Tuesday, May 30, 1989. (7) Council Minutes May 16, 1989 JU RECORDED, (8) Council Minutes May 16, 1989