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1990 APR 03 CC MINEL SEGUNDO CITY COUNCIL MEETING -APRIL 3, 1990- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson INVOCATION given by Ronald L. Hart, City Clerk PLEDGE OF ALLEGIANCE led by Councilman Anderson PRESENTATIONS 1. Council recognized City Employee of the Month, Police Sergeant Mitchell Tavera 2. Councilman Anderson proclaimed the Month of April, 1990 as Earthquake Preparedness Month 3. Introduction of New City Employees: Police Department Records Clerk- Veronica Diaz Culik Police Department Cadet -Alan Coquette Planning Manger - Kendra Morries 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. Jim Sanders, El Segundo resident expressed his discontent with the recent increase in the Paragon Cable basic service charge and requested Council to take action if possible. Consensus of Council to place this subject on a future agenda. 2. Dahna Underhill, 625 Hillcrest questioned Council regarding the most recent chemical spill at the Chevron refinery. 3. Terry Cerreto, 210 W. Acacia stated he had concerns about growing crime activity in the Hillcrest - Imperial areas. City Manager Cano informed Council that staff has been working on reporting on the public safety in this subject area and a report could be ready as early as April 17, 1990. 4. Rod Spackman, Chevron USA stated he would make available to Dahna Underhill a complete report on the latest chemical spill at Chevron. A. SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Recommendation from the Planning Commission to the City Council to approve Environmental Assessment EA -210 and Unclassified Use Permit UUP 89 -1 for a Dog /Cat Kennel located at 235 E. Franklin. Applicant Jack Baldelli /David Nielson. Council Minutes April 3, 1990 Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing - Recommendation from the Planning Commission to the City Council to approve Environmental Assessment EA -210 and Unclassified Use Permit UUP 89 -1 for a Dog /Cat Kennel located at 235 E. Franklin. Applicant Jack Baldelli /David Nielson. Mayor Jacobson asked if proper notice had been given. City Clerk Ron Hart stated notice of the hearing was published by the Development Services Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated no written communication had been received. Mayor Jacobson opened the public hearing. Mayor Jacobson announced he would be abstaining from voting or discussing this item due to a possible conflict of interest. The Mayor left the dais at 7:20 p.m. Director of Development Services, Lynn Harris stated that all unclassified use permits obtain final review and approval from the City Council if the Planning Commission has recommended adoption. Section 20.46.010(b) allows Kennels (excluding any R, P or C zones, or M -1 zone west of Sepulveda Boulevard) but is subject to the approval of any Unclassified Use Permit. Director Harris stated the Property is located in the Small Business District and is exempt from the Smoky Hollow Specific Plan Site Plan Review. The Planning Commission has recommended the approval of Unclassified Use Permit UUP 89 -1 and certifying a Negative Declaration of environmental Assessment, EA -210, to permit a 3,338 ft. Dog /Cat Kennel in an existing structure located at 235 E. Franklin Avenue. The use proposed 2,904 square feet (87 %) of the total floor area to be devoted to boarding area and the remaining 434 square feet (13 %) allocated to a general maintenance area. Ms. Harris concluded by stating the prior use was a machine shop and this project does not involve any structural alterations. Councilman Clutter stated concerns regarding the additional parking problems this establishment might cause. Director Lynn Harris, replied that the Planning Commission had the same concerns, but due to the nature of the business, the average customer total per day would be eight with limited parking time required. Mayor ProTem Dannen, opened the hearing to the public. No one addressed Council and Councilman West MOVED, Councilman Anderson SECONDED to close the public hearing. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Councilmen Clutter, Dannen, West and Anderson NOES: None ABSTENTIONS: Mayor Jacobson Councilman West MOVED, Councilman Anderson SECONDED to approve Environmental Assessment EA -210 and Unclassified Use Permit, UUP 89 -1. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Councilmen Clutter, West and Anderson NOES: Mayor ProTem Dannen ABSTENTIONS: Mayor Jacobson 2 Council Minutes April 3, 1990 Councilman West MOVED, Councilman Anderson SECONDED to waive further reading and adopt the following resolution: MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Councilmen Clutter, West and Anderson NOES: Mayor ProTem Damien ABSTENTIONS: Mayor Jacobson RESOLUTION NO. 3629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING UNCLASSIFIED USE PERMIT UUP 89 -1 AND ADOPTION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT EA -210 TO PERMIT A DOG /CAT KENNEL LOCATED AT 235 EAST FRANKLIN AVENUE. APPLICANTS: JACK BALDELLI AND DAVID NIELSEN. Mayor Jacobson returned to the dais at 7:45 p.m. 2. Presentation Regarding Six Month Budget Review:Revenue and Expenditures. City Manager Ron Cano presented Council with an overhead projector presentation showing detailed accounts of General Fund Revenues, General Fund Expenditures, and a Summary by Funds for 1989 -1990 Budget Revised Projections. Mayor ProTem Dannen left the dais at 7:50 p.m. Interim Finance Director, John Stark gave Council a mid -year budget review of expenditures and revenues. Mr. Stark stated that Revenues totaled $8,752,525 or 37.4% of the $23,389,500 budgeted and added that the current projections indicate that General Fund Revenues for Fiscal Year 1989 -90 should exceed budgeted amounts by approximately $385,000 and it will be necessary to formally appropriate the additional revenue to the General Fund before year end. He stated Sales Tax Revenue was budgeted at $3,300,000 and the actual sales tax revenue received was $4,527,130. This increase was due primarily to the sale of a satellite by Hughes Aircraft and cold weather sales to Southern California Edison by Chevron. This revenue is not expected in the current year and representatives from both companies have been contacted to give a new projection. Business Tax was projected at $10,895,000 and will actually yield the City $10,490,000. The Utility Users Taxes show a significant difference in projection than was actually budgeted. The majority of this is from the electrical and telephone taxes. The additional revenue from the Electrical Utility Users Taxes is approximately $375,000 and appears a result of the 1989 -90 projection being made on less than a full year of prior year data. The Telephone Utility Users Taxes lacked sufficient or accurate data and thus provided an inaccurate picture. The latest draft from the consultant recalculating El Segundo's limit shows the Fiscal Year 1989 -90 Appropriation Limit to be $29,500,000 and the City Council adopted a limit in August of 1989 at $25,278,747. It does not appear, Director Stark stated that the City will need to take any action regarding the "Gann Limit" but adopt a resolution establishing our new limit. This material will be brought back to Council at the Council Meeting of April 17, 1990. Council Minutes April 3, 1990 Mr. Stark stated both Revenues and expenses for the Water Enterprise are now projected lower for Fiscal Year 1989 -90 than budgeted. The Wastewater Enterprise revenues are on target as well as the Equipment Replacement Fund, and Liability Insurance Fund. The Workers' Compensation Fund may require an additional appropriation before year end. Mayor ProTem Dannen returned at 7:58 p.m. The Capital Improvement Fund at mid -year had expenditures and encumbrances of $131,253 out of appropriations of $8,736,839 for Fiscal Year 1989 -90. The unexpended amounts include appropriations of $1,900,896 for Hyperion Capital costs, $2,758,833 for the Library Expansion project (bids were received on March 27, 1990), and approximately $1,258,000 of capital projects that are anticipated to be advertised for bidding before June 30, 1990. An additional $600,000 of capital projects are currently in the bidding process which accounts for 76% of the current fiscal year's appropriations. Councilman Clutter left the dais at 7:59 p.m. Councilman Clutter returned at 8:02 p.m. Consensus of Council to receive and file. B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Appointment of New Members to the Noise Abatement Committee Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to appoint Mr. George Wiley, Jr., Mr. Ralph Freshour, and Mrs. Micki Freshour to the Noise Abatement Committee. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Correspondence from the Senior Citizen Housing Board City Manager Cano stated a letter was received from Ken Schofield, President El Segundo Senior Housing Corporation asking Council to follow some guidelines for the selection process for future appointees to the Board of Directors for Park Vista. The following were outlined in the letter as guidelines: 1) The Board would be responsible for the composing and subsequent advertising for the solicitation of prospective new candidates. Advertising would be in a newspaper of general circulation to run for a period of not less than one month; 2) Subsequent interviews of prospective candidates would be established by staff for the City Council and the Senior Housing Board. Interviews would be conducted by the City Council while the Senior Housing Board would have two of its members in attendance for participation in the interview process; and 3) Selection and subsequent appointment to service on the Board would be the responsibility of the City Council. City Manager Cano, stated he was not comfortable having this item on the agenda at this time. Mayor ProTem Dannen requested this item be held over to the April 17, 1990 Council Meeting and stated he did not feel this was an item to be presented or discussed by Council since it was voted on at a previous meeting. Councilman Clutter concurred that is subject had previously been presented to and voted on by Council. Councilman Anderson stated he was of the opinion that the Senior Housing Board did not feel the City Council understood their total function nor their needs. Council Minutes April 3, 1990 4 Councilman West MOVED, Councilman Anderson SECONDED to present this matter to Council for discussion. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen West and Anderson NOES: Mayor Jacobson, Dannen and Clutter 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. Warrants Nos. 25474 - 25716 Demand Register Summary Number 18 in total amount of $ 1,031,973.93 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. 2. Regular City Council Minutes -March 20, 1990 -7:00 p.m. Approve 3. Adjourned Regular City Council Meeting -March 23, 1990 -7:00 p.m. Approve 4. Called for discussion by City Manager Cano 5. Called for discussion by Councilman Clutter 6. Called for discussion by Mayor ProTem Dannen 7. Called for discussion by Councilman West 8. Cleaning and Closed Circuit Television (CCTV) Inspection of Sewer Lines. Award contract to National Plant Services, Inc. 9. Called for discussion by Mayor ProTem Dannen Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 4. Extension of El Segundo Boy Scout Association Lease Agreement Approve extension City Manager Cano requested this item be held over to the April 17, 1990 Council Meeting as staff has been unable to meet with the representatives from the El Segundo Boy Scout Association to verify their understanding of any lease agreement changes. Consensus of Council to review this item at the next meeting. 5. Request from the El Segundo Unified School District regarding City intentions to purchase surplus School District property on Imperial Avenue near Imperial and Loma Vista Streets. Adopt statement declaring the City has no interest in acquiring subject site. Council Minutes April 3, 1990 5 Councilman Clutter requested this item be held over to the April 17, 1990 Council Meeting and to also discuss this item in Closed Session. It was the consensus of Council to review this item at the next meeting and consider this item in Closed Session. 6. Request from Pressure Vessel Service, Inc for Trailer Permit, located at 850 South Sepulveda. Approval of request Mayor ProTem Dannen stated he wanted to deny this request and was concerned this subject property might be considering expansion. Consensus to consider this item at the April 17, 1990 Council Meeting. 7. Repair of Sewer Lines at Various Locations Accept the work as complete Councilman West stated upon the advise of City Attorney Dolley he would be abstaining from voting on this item due to a possible conflict of interest. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to approve item number 7. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, West, Dannen and Anderson NOES: None ABSTENTIONS: Councilman West 9. Consideration of a Certificate of Deposit Agreement with Sierra Partners to allow for issuance of a building permit prior to recordation of Tract Map Number 46511. Approval of the Certificate of Deposit Agreement. Mayor ProTem Dannen asked if there were any provisions for the expiration of precise plans. Director of Development Services, Lynn Harris stated a precise plan was used because of the uniqueness of the site and deferred legal comments to the City Attorney. City Attorney Dolley stated certain permits are valid for one year. He suggested a Closed Session discussion on this matter. He added that Council had made a policy through a resolution regarding matters such as these and if Council preferred not to extend the privilege of filing a tract map after a building permit is granted, Council had the authority to do so. City Attorney Dolley also stated that prior to this policy, there were some inequities if a person could not extend a plan, so Council provided a policy here, in some cases the building permit could be issued prior to the recordation of the tract map. Mayor ProTem Dannen suggested Council protect the public from projects of this kind and return to the old policy of requiring the tract map before issuing the certificate of occupancy. Consensus of Council to consider this matter in Closed Session. E. NEW BUSINESS -CITY MANAGER 1. Request for approval to replace the City's current telephone system (switch) and ALL related telephone station eauitiment with the AT &T Svstem 75. Council Minutes April 3, 1990 City Manager Cano stated the Telephone Task Force has been working with AT &T technicians, City Department and Division personnel to finalize a system design and cost proposal. The total system cost is $265,000 and included the upgraded system cost of $256,440 plus an additional 3% contingency of $8,560 to cover any changes /additions at the time of installations. The difference between the original estimate of $113,326 and the current upgraded quote of $256,440 reflects the upgrades requested by each department to meet their needs and included the total upgrade of the Emergency Operations Center. City Manager Cano recommended that Council consider a direct purchase as opposed to a lease /purchase option. Evelyn Benedix, City Hall Receptionist informed Council of the disadvantages and non - functioning operations of our present City Hall phone system. Mayor ProTem Dannen MOVED, Councilman West SECONDED to approve the direct purchase of the AT &T System 75 and Merlin II. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Status Report on Male Avenue West of Hillcrest Street Director of Development Services, Lynn Harris stated Council had directed staff to review the unimproved northerly half of Maple Avenue street west of Hillcrest Street. The cost of constructing curbs, sidewalks and paving improvements in the area is $55,000. This work has not been proposed for improvements by the city as it is the City's intention to require the future developer of the vacant property abutting the unimproved roadway to construct the improvements at the developer's cost. Ms. Harris continued by stating the westerly end of Maple Avenue is also unimproved but the 1989 -94 Capital Improvement Program includes $50,000 for constructing a cul -de -sac at the westerly end of Maple Avenue in fiscal year 1991- 92. The total estimated cost of constructing both the northerly half of the roadway and the west end cul -de -sac is approximately $100,000. Staff recommended that the work be accomplished with developer financing in conjunction with future developments. Marcy Dugan, 725 West Maple Avenue urged Council to approve improvements for this land. She stated there are potential safety problems with parked cars, dumping of trash, and clothing and rain run -off as well as general nuisances associated with the unimproved land. Mayor ProTem Dannen suggested "NO PARKING" signs be installed. City Manager Cano suggested that staff review the area for asphalt burming to alleviate the problem of rainwater runoff, the posting of signs for "NO PARKING" and "NO DUMPING ". It was the consensus of Council to follow the recommendation of the City Manager with minimal cost of asphalt burming, signage and provide Council with an informational memo as to the progress. 3. City Prosecutors City Manager Cano stated the District Attorney by law has prosecutorial responsibility for State statute misdemeanors and all felonies. The District Attorney charges for prosecuting Municipal Code violations although they can allow cities to prosecute their own misdemeanors at the cities' expense, and some local cities do this. Council Minutes April 3, 1990 Police Chief Frank Meehan stated that since all felony proceedings, by law, are handled by the District Attorney, the issue is narrowed to misdemeanors specifically. There are six filing deputies from the Inglewood Office handling El Segundo's misdemeanor complaints as well as some other neighboring communities. 1,147 misdemeanor case filings are expected for this fiscal year consisting of the following breakdown: 386 driving under the influence, 438 other traffic misdemeanors and about 216 miscellaneous charges including assault and battery, resisting arrest, minor drug offenses and similar misdemeanors. Also included, Chief Meehan stated, were projections for approximately 107 requests for misdemeanor prosecutions of municipal code violations. Charges for municipal code violations were averaging $150 per invoice but the County charges varying amounts according to the experience level of the Deputy District Attorney handling each case. There are several cities in the South Bay area that have their own city prosecutors. Some are full -time and others are part -time; some handle all misdemeanors while others handle only municipal code violations. Chief Meehan continued by stating there are cities contracting with a part -time city prosecutor who charges a rate of $110 per hour but the County of Los Angeles currently charges the City of El Segundo about half that amount. From an economic standpoint, Meehan stated, the workload generated by El Segundo Municipal Code violations would not justify increased expenditures for having our own City prosecutor. Police Chief Meehan summarized by stating the effectiveness of the District Attorney's office has been satisfactory. Some reasons cited in favor of a city prosecutor include an enhanced rapport between police and prosecutor, increased input on plea bargains, and sensitivity to community needs. The rapport, however, with our police department and the Inglewood District Attorney's Office has been good and at this point it appears that an in -house city prosecutor would not be cost effective. It was the consensus of Council to receive and file. 4. Los Angeles Air Force Base regarding possible closure. City Manager Cano stated the U.S. Air Force has provided the City with notice that they are underway with preparation of an Environmental Impact Statement, which will study the effects of the Los Angeles Air Force Base closure or relocation of its facilities. Manager Cano requested that Council direct the Mayor on behalf of the City Council to request the U.S. Air Force include in its Environmental Assessment of the impacts on the community, a full, detailed, and comprehensive Economic Impact Study. Consensus of Council to follow the City Manager's recommendations and include in the letter inquiries to the Federal representatives as to any possible alternative plans for the property if and when the Air Force does move. F. NEW BUSINESS -CITY ATTORNEY - NONE G. NEW BUSINESS -CITY CLERK 1. Discussion on the completion of the Municipal Code In -house Project currently being done by the City Clerk's Office. Consensus of Council to review this matter again after the General Municipal Election on April 10, 1990 at the next Council Meeting on April 17, 1990. H. NEW BUSINESS AND REPORTS -CITY COUNCILMEMBERS - Councilman Anderson - None s Council Minutes April 3, 1990 - Councilman Clutter 1. Expiration of building permits and time period to complete work once commenced. Councilman Clutter had asked if there were any expirations on building permits once they were issued. He stated he understood the procedure to hold certain time limits and wondered if the homeowners were misunderstanding City procedure and or why final inspections were delayed or never completed on certain projects. City Manager Cano stated the Municipal Code states that once a building permit is taken out the applicant has 180 days to commence construction. Once construction has commenced and if it stops for more than 180 days this action can invalidate the original permit. The current issue is one of enforcement. Councilman Clutter expressed concern regarding the fact that the policy is sometimes only enforced upon complaints of neighbors. He asked if applicants could be notified by mail of regulations. City Manager Cano stated that administratively, the applicant could be notified by mail of what the code provides, and suggested a review of this matter with a future report to Council. Councilman Clutter asked how many current permits were outstanding. Director of Development Services, Lynn Harris responded by saying there were in excess of 125 open permits in the City predominately in the residential area with an average age of over three years. Ms. Harris also reported that up until a week and a half ago the City did not have a procedure in place for follow -up once a permit had been issued. There has been no previous check system to ensure that the final inspection has been made prior to allowing the utility turn on. However, Ms. Harris stated, the department has made this a priority item and is working diligently in rectifying the matter. Mayor ProTem Dannen asked if this procedure was perhaps a selective enforcement. Director Harris stated it was possibly more a matter of inconsistencies on the part of the inspector or lack of experience. Councilman Clutter simply expressed concern for a check system to ensure the final inspection has been made. Director Harris stated the building official has split up the permits among staff and anticipates a report by the end of next week. Ms. Harris assured Council that staff would provide Council with a status report and progress of this matter after all information has been gathered. - Councilman West - NONE -Mayor Pro Tern Dannen Requested the Fire Department to research and report back to Council on how many releases of Hydrogen Fluoride have occurred over the years in El Segundo. Requested letters from Mr. Bob Hori, Los Angeles City Engineer, that were sent to Congressman Levine's office to be placed on the next Council Agenda for discussion. Council Minutes April 3, 1990 0J City Manager Cano stated there were actually three letters, with one being designated for Closed Session discussion. -Mayor Jacobson Reported on his recent trip to Sacramento with regard to giving testimony for Assembly Bill 2857. He also stated testimony will be given at the AQMD meeting on Friday, April 6, 1990 City Manager Cano gave a brief report on the recent first meeting of the Council Community Hyperion Committee. City Attorney Dolley reported that the Nuisance Suit was filed against the Hyperion Treatment plant this day. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Eugene Gillingham, 1209 E. Acacia expressed concern regarding a block wall next to the Embassy Suites Hotel on the California Street side. He stated intruders come through a hole in the wall via Imperial Avenue and requested Council /staff assistance in arresting the situation. It was the consensus of Council to direct staff to review this matter and report back to Council. 2. Gerhardt VanDrie, 724 W. Pine, congratulated Council on the filing of the Hyperion lawsuit. MEMORIALS - NONE ADJOURNMENT At 11:00 p.m. Council adjourned to Closed Session. CLOSED SESSION Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et seg..) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and/ or existing litigation: GC 54956.9(a) (Cityaparty to pending litigation) Hyperion vs El Segundo Dawson vs El Segundo Orejel vs El Segundo GC 54956.9(b) (City might have significant exposure to litigation Three items GC 54956.9)c) (City might decide to initiate litigation One item RECORDED, RONALD L. HART, CMC, CITY CLERK Council Minutes April 3, 1990 10 City Attorney Dolley stated the following action was taken during Closed Session: Item Number Nine under Consent Agenda: Consideration of a Certificate of Deposit Agreement with Sierra Partners to allow for issuance of a building permit prior to recordation of Tract Map Number 46511. Approval of the Certificate of Deposit Agreement. Council approved the Certificate of Deposit with Sierra Partners. By a 5/0 vote Council approved a matter not on the agenda to be considered as arising after the posting of the agenda. By a 5/0 vote Council rescinded Resolution Number 3591 which adopted policy for issuance of tract maps on approval of a certificate of deposit (as with Sierra Partners) and directed staff to prepare a new policy for small developments and hardship cases. Council Minutes April 3, 1990 11