Loading...
1991 JUL 16 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MINUTES - JULY 16, 1991 CALLED TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION led by Reverend John Svendsen, First Baptist Church. PLEDGE OF ALLEGIANCE led by Councilman Wise. PRESENTATION 1. Fire Chief Sloan introduced Captain Soto from Guaymas Fire Department, and Police Chief Meehan introduced Sergeant Flores from the Guaymas Police Department. ROLL CALL Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS Six individuals addressed City Council. John Van Hook Jr., 717 W. Mariposa Avenue addressed Council asking to speak on Unfinished Business Item No. 1. Written appeals regarding penalties and interest by: Air New Zealand - $57,638, Aura Systems, Inc. - $49364. Business Data. Inc., and Inference Corporation - $29,187. City Attorney Dolley recommended Council take formal action to continue this item to the August 6 meeting. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to continue item to August 6 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. Fd Segundo Chamber of Commerce request for 15th Annual Richmond Community Festival, and DESI request to stage HOOPLA In The Streets on Standard Street from 10:00 AM -5:00 PM - Both events to be held on October 19, 1991. Bill Mason, President- Chamber of Commerce addressed Council stating this was his first time addressing them as the Chamber of Commerce's President. He asked for Council's approval on both requests. Mayor Jacobson stated DESI had not submitted a written request and would need to submit one in order for Council to consider the event. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve the 15th Annual Richmond Community Festival to be held on October 19, 1991, and DESI is to submit a written request to Council on the HOOPLA event. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 3. Request of Faith Summerson Regarding Remodeling At 912 Sheldon Street. Faith Summerson, 908 Sheldon Street addressed Council with complaint regarding present construction at 912 Sheldon Street and the leaning retaining wall - which adjoins her property. Concerns regarding 912 Sheldon being 8 inches from her property line, no permits found, what is the City's requirements on legalizing bootleg units, and what are the setback requirements regarding Rl zoned property. Councilman Wise asked that staff review the buildings structure, and to meet with the property owner of 912 Sheldon and with Ms. Summerson to address those issues. Mayor ProTem Dannen asked staff if a permit was found, and if plans were checked and approved; City Manager Cano responded there was a permit, and the plans had been checked and approved. Staff submitted a report to the City Attorney, and is presently waiting for a response. Mayor ProTem Dannen recommended the Planning Commission check review the non- conforming sections of the R -1 zone. City Manager Cano informed Council staff will work expediously once the City Attorney has responded to staffs concerns, and will then present a status report at their next meeting; Council concurred. Willard Krick, 1414 Mariposa Avenue addressed Council inviting them and the public to attend a meeting on July 22, 1991 at 7:15 P.M. at 641 Sheldon Street Board Room on the issue of CRA redevelopment - Chris Norby will be guest speaker. He also asked if cable could televise the meeting. Mayor Jacobson stated it was not on the agenda; City Manager Cano stated he would handle on a staff level. Robert and Lori Choquette, 224 Whiting Street treet addressed Council submitting a petition requesting a 4- Way Stop at Whiting Street and Grand Avenue. City Clerk Hart stated he would process the petition on the next agenda for consideration. Jim McGoldrick, 412 Oregon Street addressed Council stating the School District will be deciding their budget within the next two months, and they are still considering the possibility of laying off teachers and the cancellation of some programs - even with the $400,000. He then submitted a petition which was a request to increase from $400,000 to $600,000. He stated that most people are under the impression Parcel Tax will take care of it, but should this pass - it will not go into effect until December, 1992. Mayor Jacobson informed him that the School District and Council Subcommittee will be meeting tomorrow night. Mayor Jacobson closed the Public Communications portion of the meeting. A. SPECIAL ORDER OF BUSINESS - NONE B. UNFINISHED BUSINESS Resolution of denial for VAR 914 for 10 -Unit Condominium Project At 719 and 721 Indiana Ct. John Van Hook Jr. addressed Council stating he was a principal in that endeavor and raised the issue of a possible Conflict of Interest in violation of the Brown Act regarding three members of the City Council which were aware of Jim Clutter's resignation prior to the vote. He was officially requesting an investigation into his allegation, and requested to defer any vote on this project until the investigation was completed and there was a resolution on it. City Attorney Dolley stated it could be accomplished - if it was Council's direction to do this - and it is also their pleasure to continue on - if they should decide to. There is a procedure under the Brown Act which needs to be followed. Councilman West questioned whether Mr. Van Hook's request needed to be in writing; City Attorney Dolley responded that he would need time to look at the procedure. Mayor ProTem Dannen recommended Council adopt a resolution of denial - as it is strictly a ministerial procedure. Should in fact a full investigation turn up that there was a violation of the Ralph M. Brown Act, then that would negate that decision. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to adopt Resolution No. 3702 - with question called by Councilman Wise. Councilman Wise asked City Attorney Dolley should a full investigation turn up that there was a violation of the Brown Act, would it negate prior decisions. RECESS at 7:55 P.M. RECONVENED at 8:10 P.M. ROLL CALL All City Councilmembers present. City Attorney Dolley informed Council he found the rule under the Ralph M. Brown Act. It states anyone interested in setting aside an action taken by the City Council has a 30-day period from the date the action is taken to demand in writing to the City to cure, correct, or take other action. The Council then has a 15 day period to cure or correct. He stated that Council took action on this item on June 4, 1991, which is in excess of the 30 -day period of time. It was his opinion that any action taken under that section now would not be successful. Mayor ProTem Dannen stated it was his opinion that there was no misconduct involved, and that he announced in public that he knew of Councilman Clutter's resignation in advance - and made no effort to arrange the agenda in any way to take advantage or disadvantage of his resignation. In fact, he was upset that anyone would cast dispersions upon that, and resents the accusation. 2 Mayor ProTem Dannen called a question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 8/1: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilman Wise. NOES: Councilman West. Mayor Jacobson stated for the record he had not discussed with Jim Clutter his resignation, nor did he discuss this item with other City Councilmembers. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Initiate the vrooses to fill an uvcomina vacancy on the Planning Commission. Mayor Jacobson stated he had not received Commissioner Drean's letter of resignation yet; Kendra Morries, Planning Director, responded that she did receive his letter which was submitted the last week of J�aa and that he has officially resigned. She apologized for not placing a copy in the backuj��sa`t Q1. Mayor Jacobson asked that future back up material include a copy of all material required. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise for staff to advertise for 30 days to fill one vacancy on the Planning Commission. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. Request To Schedule Library Board Of Trustees Item On August 6. 1991 Agenda Mayor ProTem Dannen stated as the Council's liaison with the Library Board of Trustees, he would like to schedule on the August 6 agenda discussion /possible action on a resolution authorizing the Board to review, edit, and make recommendations to the City Council on all change orders on the project. 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. Warrant Numbers 34519,4798 on Demand Rester Summary Number 26 in total amount of $1.229.609.60. Recommendation: Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements, emergency disbumements and/or adjustments. 2. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 3. A resolution electing to participate in a restructured Service Delivery Area (SDA) under the Job Training Partnership Act. ADOPTED RESOLUTION NO. 8703. 4. Amend Resolution No. 8429 to increase fees for Court Commitment Program to reflect actual Cost. ADOPTED RESOLUTION NO. 3704. 5. PULLED FOR DISCUSSION BY MAYOR PRO TEM DANNEN. 6. PULLED FOR DISCUSSION BY MAYOR PRO TEM DANNEN. MOTION by Councilman West; SECONDED by Councilman Wise to enact all Consent Items except called Item Nos. 2, 5 and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 CALLED ITEMS FROM CONSENT AGENDA 2. City Council Meeting Minutes: June 20, 24 and 27. July 1. 2 and S. Councilman Wise asked for correction to June 20 minutes under Planning Department Budget be made to reflect $10,000 instead of $30,000. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 5. A resolution approving Final Tract Map No. 50206, and 6. A resolution approving Final Tract Map No. 49640. �3 Mayor ProTem Dannen stated both Items 5 and 6 were for resolutions to approve Final Tract Map Nos. 50206 and 49540. These maps have to do with the conforming of lots and the granting of variances by the Planning Commission in order to allow for a central driveway. In his judgement, he could not find basis for the granting of variances for either one. In an effort to be consistent - stating for the record he has not discussed this with any other Council member - he does not agree with these variances. Mayor Jacobson stated he agreed with him, but this was ministerial - the City has taken the action to do it. MOVED by Councilman West; SECONDED by Councilman Wise to adopt Resolution No. 3705 for Final Tract Map No. 50206 and Resolution No. 3706 for Final Tract Map No. 49540 - Mayor ProTem Dannen called a question. Mayor ProTem Dannen stated that if this was strictly ministerial, then he wanted it stricken from the agenda. If Council has no choice by law but to approve, then the law has said it is approved, and that he does not want to see it on the agenda. City Attorney Dolley stated the tract map law provides that if a tentative map has been approved, and in this case a variance has been approved, then that action (the variance) becomes final. It also states that if all conditions of the tentative tract map have been complied with, then the Council cannot turn down the final tract map - based on the tentative tract map. Councilman West called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 3J1: AYES: Mayor Jacobson, Councilman Wise and Councilman Weak NOES: Mayor ProTem Dannen. Mayor ProTem Dannen asked that they set for Council agenda discussion /possible action for Planning Commission to review this problem of variances; Councilman Wise stated that Council gave that direction to the Commission back on June 2. Ms. Morries informed Council that the Planning Commission discussed the issue directly after June 2 Council meeting and decided to look more diligently into variance requests, at the finding for a variance, and their consensus not to approve anymore central driveway issues. The Planning Commission also decided to completely follow the adopted ordinance. E. NEW BUSINESS - CITY MANAGER 1. Quarterj Report: Lightfoot Planning Group - Progress On The General Plan. Ms. Morries presented Lightfoot Planning Group's General Plan Quarterly Review for the first quarter, stating they are on schedule. RECEIVED AND FILED. 2. Proposal to hire one contract @@gMtary and purchase of support equipment. City Manager Cano presented a report on the LA Impact Program stating that staff was requesting approval for one contract secretary, the purchase of two IBM Personal Computer's, and a printer - funds to come out of the Asset Forfeiture Funds - to support the LA Impact Program. Captain Tim Grimmond informed the Council that staff will be presenting a report on the LA Impact Program within the next month, and would be requesting adoption of a resolution authorizing the Chief of Police to participate in this Program. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 3. Repair Of Sewer Lines 1990 -91. Project No. PW 90-4. City Manager Cano stated on May 7 the Council approved plans and specifications for the repair of sewer lines 1990 -91 Project No. 90 -4, and authorized staff to advertise for bids. June 18 - City Clerk's Office opened ten bids - the lowest was Carney Brothers, Inc., and on June 24 staff received a faxed letter from Carney Brothers, Inc. requesting relief from their bid because they made a calculation error. Staff recommends Council award the contract to the next high bidder, Glamuzina Construction Company, Inc. for $121,700, and direct the City Attorney to initiate legal proceedings to have the 10% bond of Carney Brothers, Inc. forfeited. City Attorney Dolley recommended Council discuss this item during closed session. 4 ACTION TAKEN AFTER RETURNING FROM CLOSED SESSION: The Council moved to accept the recommendation of staff by unanimous voice vote. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE IL NEW BUSINESS AND REPORTS - CITY COUNCIIMEMBERS Councilman West - NONE Councilman Wise - NONE Mayor ProTem Dannen: 1. Resolution opposing Governor Wilson's plan to transfer PERS Hinds to the State's general Hind. Councilman Wise recommended staff transmit a letter to Governor Wilson requesting clarification of what caused this action, and whether it was the surplus above what the fund was supposed to be at that would be transferred - or - was it the fund itself. Mayor ProTem Dannen asked that the item be continued over to August 6 to allow staff time to gather more information for their consideration. 2. Mayor ProTem Dannen stated he wished to address some concerns regarding the El Segundo Municipal Code which specifies specifically what the City Council members can make, and asked City Clerk Hart to clarify the code. City Clerk Hart responded that the City Council can only raise their salary every two years - as much as 5% per annum since the last time they changed it. This December, he will bring before the Council the appropriate instrument to ask whether they wish to increase their salary or not. It can only be done at that time, and can only go into affect after the April, 1992 election. Mayor ProTem Dannen stated he wanted to also state that there are only two Boards which a Council liaison gets paid for: 1) Sanitation District - $150 per month, and 2) RCC - $50 per month, both which are paid by outside agencies and not the City. He stated the Council voted in 1988 on Committee assignments and decided at that time to pay the Mayor more because of all the additional time - over and above the rest of the Council - and confirmed this again during 1990. Mayor Jacobson: 1. Mayor Jacobson asked staff to look into water overflows on El Segundo Boulevard at Big 5 and Isis Street, and at southbound Douglas Street - the lawn farthest south. 2. Mayor Jacobson asked staff for a status report on the City's goal of a 30% reduction for water cutback; City Manager Cano responded that staff will transmit a status report to Council within a couple of weeks. PUBLIC COMMUNICATIONS - NONE MEMORIAL - NONE CLOSED SESSION Council moved into closed session at 9:00 P.M. pursuant to applicable law, including the Brown Act (Government Code Section 54950, set g ) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and /or existing litigation and /or discussing personnel matters as follows: §64966.9(a) (City a party to Rending litigation) City of El Segundo vs. Los Angeles - Hyperion Issue Stevens vs. City of El Segundo City of El Segundo vs. Westinghouse Glickman vs. City of El Segundo Public Storage vs City of El Segundo LAX Airport vs. City of El Segundo §54956.9(b) (City might have significant ezvosure to litigation) Seven Matters 64956.8 455 to 555 Nash Street, /Chevron USA and Chapel Development. ADJOURNED at 1:15 A.M. to July 30, 1991 at 7:00 P.M. Ronald L. Hart, CMC /AAE City Clerk 5