Loading...
1992 JAN 07 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JANUARY 7, 1992 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Councilman West. INVOCATION by Dr. David Tinoco, United Methodist Church of El Segundo. PRESENTATIONS 1. Mayor Jacobson presented Certificates of Appreciation to residents for their holiday home decorations. 2. City Council saluted the City's pioneers, residents, and businesses by proclaiming 1992 as Diamond Jubilee Year. The City will be celebrating Diamond Jubilee Day on Saturday, January 18 under the big top in the Chevron Parking Lot at E1 Segundo Boulevard between Richmond and Concord Streets beginning 11:00 a.m. to 8:00 p.m.; Mayor Jacobson then presented proclamation to the Diamond Jubilee Committee. 3. Councilman Wise announced on Saturday, February 8 Coach John Stevenson will be honored at the E1 Segundo Alumni Baseball Game at the E1 Segundo Recreation Park. The Pre -Game festivities begin at 10:00 a.m., and the game will begin at 1:00 P.M. ROLL CALL Councilwoman Cruikshank - Present Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Absent Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Four individuals addressed the City Council. Willard Krick, 1414 E. Mariposa addressed the Council on Consent Item No. 9 - Receive /File of the now dissolved General Plan Advisory Committee (GPAC) minutes. Stating that the GPAC was dissolved before having the opportunity to review and adopt their minutes, and he asked Council to allow the Committee the opportunity to submit any corrections or comments they have regarding these minutes. D. CONSENT AGENDA - Out of order Councilman Wise asked to take this item out of order; Council concurred. 9. Receive and File the General Plan Advisory Committee Meeting Draft Minutes of June 26, July 3,10,17,and 24, August 7 and 14, and September 11 and 18. Councilman Wise stated he wished to receive and file these minutes, and should the members of GPAC wish to make corrections or comments they may submit them in writing to the Planning Department for review and consideration; Councilman West concurred. Mayor Jacobson asked staff to transmit copies of these minutes to each member of the GPAC requesting their comments within two weeks, and for staff to return to Council with a report by February 4; Council concurred. City Council Minutes 1 January 7, 1992 Council consensus for staff to transmit copies of minutes to GPAC members for comments within two weeks, and to return with a report by February 4. PUBLIC COMMUNICATIONS - Continued R.J. Switz, 1209 E. Maple Avenue thanked Council for all their time and effort during the past year, and asked them - prior to approving funding for something - to consider whether it is City business or not. He also requested to speak on the budget when it comes up for discussion. George Wiley - Chamber of Commerces' Delagate to the GPAC addressed Council stating concerns regarding their opposing the GPAC members to make comments and /or changes to their own minutes. Councilman Wise stated he understood that the GPAC draft minutes were not going to be changed, but that Council would be allowing the GPAC to comment only. Should there be corrections requested, then they would need to be approved or not approved; Mr. Wiley asked who would be making this decision. Councilman Wise responded that it would depend upon the comments. Mr. Wiley stated the dialogue took place with nine members of a Committee and should any individuals decide to make changes, then that same Committee needs to meet to consider them - not another body. Mayor Jacobson stated he understood they would just be receiving comments which would become a part of the public record. Councilman Wise stated he understood that they would be receiving and filing the draft minutes as public record, then any comments/ corrections made by the nine members would be given to staff. Should the comments /corrections are verified, then it would go to the Council with staff's recommendation to change the minutes to be received. Should they not be verified, then the minutes would stay the way that they are. Mayor Jacobson responded then the draft minutes would never be able to be approved or modified then; Councilman Wise stated parts of them could be approved. Councilman Wise stated he could pull up Consent Item No. 9 and vote on approving it now; Mayor Jacobson responded that the full Council was not there, and that there were also nine members which were there. Councilman Wise stated he wanted to put it to rest, and since Consent Agenda Item No. 9 was not voted on, he was requesting Council's consensus to pull the item out of order; Council concurred. Mayor Jacobson stated that Council had already taken it out of order and made a decision, and asked if he wanted to reconsider that now. Councilman Wise responded that he misunderstood, because he had some things he wished to bring up. D. CONSENT AGENDA - Out of Order 9. Receive /File General Plan Advisory Committee Meeting Draft Minutes of June 26, July 3,10,17,and 24, August 7 and 14, and September 11 and 18. MOVED by Councilman Wise; SECONDED by Councilman West to receive /file draft minutes as submitted, allowing no comments to be made. Question called by the public: City Council Minutes 2 January 7, 1992 Michael Robbins addressed Council stating he attended the GPAC meetings and heard a number of complaints that these draft minutes do not accurately reflect the video tapes in some instances, and if there were any inaccuracies it was the Council's responsibility to make sure that these government documents accurately reflected those meetings which took place. Any actions to the contrary would possibly create the impression that there were some improprieties, and that it is important - even if there were no improprieties - that the City certainly avoid that image. Even though the GPAC is disbanded, the General Plan is not. Any concerns raised during those meetings by community residents should be reflected in them. Therefore, these drafted minutes should be an accurate record of those meetings because it is their purpose. Also, he agreed with an earlier speaker who suggested the Council reconvene the original GPAC to review the General Plan, and to get it back on track to make sure it is truly community driven. Councilman West stated he believed that there are three types of minutes of the GPAC for public record. The video and audio tapes and the written minutes are available for anyone wishing to review them. Mayor Jacobson asked Councilman Wise if he wished to amend his motion to include that the minutes are draft and that these minutes with both the video and audio tapes all be a part of the public record; Councilman Wise concurred. Nancy Wernick, Co- Chairperson to the GPAC addressed Council stating she and two other members joined together and formed a public opinion survey, and that this sub - committee could also go over those draft minutes and tapes for them to correlate them. She stated that she did not find any objections to the drafted minutes herself when reviewing them. MOVED TO AMEND ORIGINAL MOTION by Councilman Wise; SECONDED by Councilman West amended the original motion to receive and file the draft minutes, and that both these minutes and the audio and video tapes are to be a part of the public record. Councilwoman Cruikshank called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Manager Cano stated for clarification that staff would not be entertaining or taking in public comments on this; Council concurred. PUBLIC COMMUNICATIONS - Continued Bill Mason, President Chamber of Commerce addressed Council requesting continuance of the public hearing for Special Order Of Business Item No. 1 to allow time for a meeting of the Chamber of Commerce representatives and those business owners east of Sepulveda Boulevard affected by the ordinance, and for a workshop between the Council, Chamber and business representatives to address the business communities concerns. Councilman Wise recommended January 21 at 5:00 p.m.; Mr. Mason agreed. Council consensus to continue the public hearing, and to hold a workshop on January 21 at 5:00 p.m. Mayor Jacobson closed public communications portion of the meeting. A. SPECIAL ORDER OF BUSINESS 1. Continued Public Hearing - Discussion on the Interim Zoning Ordinance No. 1170 extended by City Council December 17, 1991. City Council Minutes 3 January 7, 1992 Mayor Jacobson asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Planning Department, and that one written communication was received from Ronald Simms Mayor Jacobson open the public hearing for comments. John Abare addressed Council stating concerns that this would be detrimental to the future use of this property, and that he would like copies of the report staff refers to in their study. Councilman Wise informed Mr. Abare that Council and Chamber have been meeting informally with the small businesses which the comments and concerns have been brought back to the Council itself for consideration. This Council has pledged that if there is something in the IZO which injures someone, they will consider changing it. Mr. Abare stated he appreciated the fair approach the Council has taken on this issue. Mayor Jacobson asked Mr. Abare to give his address to staff and they will mail the information he requested. Also, that he may want to speak with Mr. Mason regarding the January 16 meeting. MOVED by Councilman Wise; SECONDED by Councilman West to continue public hearing to January 21, 1992 at 5:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Continued Public Hearing - An appeal of the Planning Commission's denial of EA -252 and Variance 91 -3, an application to allow two rooftop patios with waivers of maximum permitted floor area and maximum permitted structural height at 222 N. Sepulveda Boulevard. Mayor Jacobson asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Planning Department, and no written communications had been received by the City Clerk's Office. Kendra Morries, Director of Planning, presented a report to Council stating that the project called for the addition of chairs, tables, benches to be anchored to the roof, and that guard rails be placed around the area. Staff and the Planning Commission found that patio areas would increase the existing floor area and building height of the building which already exceeds the new code requirements for the C -3 zone, and would make it a non - conforming building. Councilman West stated he felt that no real structural alterations were planned, and that the proposed patio was outside the building and could not expand the floor area. Ms. Morries stated the code forbids variances in height or floor area in non - conforming buildings unless the modifications make the building conforming, and felt Council could not approve this project unless they amend two sections of the code which deal with floor area and permitted projections above the height limit. Councilman Wise left dais at 8:10 P.M. and returned at 8:12 P.M. Mayor Jacobson open the public hearing for comments. Orwin Halbrook - General Manager for 222 N. Sepulveda Blvd. addressed Council requesting clarification regarding use of the helipads needing to be altered. City Council Minutes 4 January 7, 1992 Ms. Morries responded that the patios were incompatible with heliport operations, even through the heliport pad - which is located adjacent to one of the proposed patios - was provided for emergency use only. Councilman Wise stated he felt it is important for the City to be consistent with their decisions, and to follow the Code. Councilwoman Cruikshank questioned how often the heliport had been used, and whether there would be any intentions of allowing any concessions or food to be sold on the patio. Also stating that she would have liked to have the Velvet Turtle on the original requested site. Mr. Halbrook stated that the heliport has not been used often, and is primarily used for emergency use only. They have no intentions on allowing any concessions or food to be sold on the patios. MOVED by Councilman Wise; SECONDED by Councilman West to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MOVED by Councilman Wise; SECONDED by Mayor Jacobson to deny appeal of EA -252 and Variance 91 -3, and adopt with findings in Resolution No. 3740. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1 - AYES: Mayor Jacobson, Councilmembers Cruikshank and Wise. NOES: Councilman West. RECESS at 8:40 p.m. RECONVENED at 8:50 p.m. ROLL CALL all Councilmembers present (Mayor ProTem Dannen absent) 3. Public Hearing on Proposed Fiscal Year 1991 -92 Budget. Mayor Jacobson asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Planning Department, and no written communications had been received by the City Clerk's Office. Mayor Jacobson asked Council's consensus to open the public hearing and continue it due to the absence of Mayor ProTem Dannen; Council concurred. Mayor Jacobson stated that they would need to adopt a resolution this evening extending the continuing appropriations to continue operations through February 4, 1992. Mayor Jacobson opened the public hearing for comments. R.J. Switz - 1209 E. Maple Avenue addressed Council with concerns and complaints on the proposed budget regarding the $2.5 million surplus, 17% increase over last years budget, employee salary and benefit increases, and the $2,500 cost of a lawn mower. MOVED by Councilman West; SECONDED by Councilwoman Cruikshank to continue public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MOVED by Councilman Wise; SECONDED by Councilman West to read by title *p660XonJK9TION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Attorney Dolley read Title Only: RESOLUTION NO. 3741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA GIVING THE DIRECTOR OF FINANCE LIMITED AND TEMPORARY AUTHORITY TO EXPEND FUNDS OF THE CITY PENDING APPROVAL OF THE FY 91 -92 CITY BUDGET. City Council Minutes 5 January 7, 1992 B. C. 1. MOVED by Councilman Wise; SECONDED by Councilman West to adopt Resolution No. 3741 extending the continuing appropriations to continue operations through February 4, 1992. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. UNFINISHED BUSINESS - NONE REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Report of 75th Diamond Jubilee Planning Committee - Final approval of all plans with regard to Diamond Jubilee Day on January 18, 1992. Julia Abreu, Council Assistant addressed Council on behalf of the Diamond Jubilee Committee stating that the sponsorship amount had been exceeded, and businesses and residents came through contributing $52,000 to the Diamond Jubilee. Also stating that all of the expenditures were being monitored very carefully. The Committee was asking Council's approval of plans to hold Diamond Jubilee Day on January 18, and to authorize the closure of the 100 block of Concord and Richmond Streets and 200 West E1 Segundo Boulevard on that day. She announced that the entire Committee would appreciate anyone interested in volunteering to help with the festivities on January 18 to call City Hall by tomorrow. Councilwoman Cruikshank thanked the Committee, and stated that this is an opportunity for all the people of the City to get involved. MOVED by Councilman Wise; SECONDED by Councilman West to approve plans to hold Diamond Jubilee Day on January 18, 1992 and to close the 100 block of Concord and Richmond Streets, and 200 W. El Segundo Boulevard on that day. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Recommendation to expend $40,000 on community cable equipment and set aside the balance of funds - $65,008.08. {$40, 000 plus $44,991.92 (reimbursement to General Fund) less $150,0001 for future cable capital expenditures. City Manager Cano presented Council with a report stating the City recently entered into an agreement with Paragon Cable and passed Ordinance No. 1165. This ordinance provides for cable services within E1 Segundo, and the agreement stipulated that Paragon would give the City $150,000 for the expressed purpose of purchasing cable related equipment. The Community Cable Advisory Committee reviewed equipment needs and recommended the suggested pieces of equipment outlined in the staff report be purchased. They also recommended future equipment needs be taken from the balance and interest of those remaining funds - thus relieving the General Fund future equipment expenditures. City Manager Cano stated that in 1990, the City purchased $44,991.22 worth of cable equipment, and they advanced that money with the understanding that the general fund would be reimbursed at a later date. The agreement does not restrict the City from receiving retroactive reimbursement of equipment needs. He stated that Mayor Jacobson did not agree with this, and that he nor staff was not here at that time, but felt that this was the intention of the Council. Mayor Jacobson stated that he and Councilman West were the only Councilmembers here at that time, and there was no mention at that time when they approved it of ever getting a repayment out of it. The City was appropriating out of that budget to purchase equipment for the cable system; Councilman West stated he did not remember what occurred. Mayor Jacobson stated that these funds were supposed to last for the life of the franchise - fifteen years. City Council Minutes 6 January 7, 1992 Councilman Wise stated since the only two Councilmembers present at that time were Mayor Jacobson and Councilman West, he would have to defer to the Mayor's understanding. MOVED by Mayor Jacobson; SECONDED by Councilman Wise to authorize the $40,000 appropriation, and balance to accumulate interest in the special account. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. D. CONSENT 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. Warrant Numbers 37691 -37957 on Demand Register Summary Number 12 in total amount of $1,322.326.71. Approved Warrant Demand Register and authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments. 2. PULLED FOR DISCUSSION BY COUNCILWOMAN CRUIKSHANK. 3. Modify certain Fire Service Fees, specifically Annual Inspections for Category I and II Occupancies, and Fire Protection Equipment. Approved. 4. It is proposed that the City of El Segundo purchase equipment listed on Attachment A in the amount of $42,277 to equip the local narcotics enforcement team, to be funded from the asset forfeiture account. 5. Modifications to Sanitation Pumping Plant No. 9 - Project No. PW 89 -7. Accepted the work as complete; authorized City Engineer to file the enclosed Notice of Completion in the Office of the County Recorder, and direct that the 10% retention required by contract be retained pursuant to law a minimum of thirty -five (35) days after acceptance of the work by City Council. 6. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 7. Request the City Council approve lowest bid for Phase II - Library Wallcovering. Approved Duggan & Associates bid for Phase II Library Wall - covering, and rejected all other bids. 8. Request the City Council approve lowest bid for Phase II - Library Interiors wood and Dlastic laminate case work. Approved S::Two bid for Phase II Library Interiors wood and plastic laminate case work, and rejected all other bids. 9. PULLED OUT OF ORDER EARLIER DURING THE MEETING. MOVED by Councilman Wise; SECONDED by Councilman West to enact all consent agenda items except for Item Nos. 2,6, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. CALLED ITEMS FROM CONSENT AGENDA: 2. City Council Minutes of December 3 and 17, 1991. Councilwoman Cruikshank asked for correction to be made to December 17 minutes on Page 13 last paragraph under Mayor ProTem Dannen, that she was referring to the proposed Golf Course. City Council Minutes 7 January 7, 1992 MOVED by Councilman West; SECONDED by Councilwoman Cruikshank to approve minutes of December 3 and 17, 1991 with the change. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 6. Repair of sewer lines 1990 -1991. Mayor Jacobson stated he would be abstaining from discussing or voting on this item. Councilman West asked if this was around his place or not, and then checked the located and stated he was clear to vote. MOVED by Councilman West; SECONDED by Councilman Wise to approve Change Order No. 1 - at no change in cost granting an eight (8) day calendar extension to the contractor, Glamuzina Construction Company, Inc.; accepted the work as complete; authorized City Engineer to file the enclosed Notice of Completion in the Office of the County Recorder, and directed that the 10% retention required by the contract be retained pursuant to law a minimum of thirty -five (35) days after recording Notice of Completion. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1 - AYES: Councilmembers Cruikshank, West and Wise. NOES: None ABSTENTIONS: Mayor Jacobson. E. NEW BUSINESS - CITY MANAGER 1. Program for recycling of Christmas Trees. City Manager Cano presented a report to Council stating that last year the City provided through the Recreation and Parks Department a program whereby the residents and businesses could drop off Christmas trees at the City's Maintenance Yard for grinding into mulch. This year the County Sanitation Districts are offering a program whereby they would take trees for free and grind them into mulch to be used at their landfills for mulching the landscaping. The City has made arrangements with BFI to pick up the trees at their regular locations from January 6 through 17 and to take them to the County landfills at no cost. Council commended the County Sanitation Districts for initiating this program, and BFI for participating in the program. MOVED by Councilman West; SECONDED by Councilman Wise for staff to prepare letters commending the County Sanitation Districts and BFI for their participation in this program, for the Mayor's signature. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. West Basin Municipal Water District - West Basin Water Reclam- ation Project Benefits Assessments for 1992 -93. Ken Putnam, Director of Public Works, presented a report to Council stating that the WBMWD sold bonds in order to finance the WBWR Project. In order to retire these bonds, they initiated a finance plan which included revenues generated by sales of the reclaimed water after the plant becomes operational in 1994 -95, subsidies from the MWD of Southern California and benefit assessments on the property parcels in WBMWD. A $10 per parcel standby charge assessment for 1991 -92 was levied and included on the 1991 -92 property tax bills for private properties. WBMWD intends to use benefit assessments and to increase the assessment to $30 per residentially zoned parcel and $120 /parcel of less than 1 acre for industrially and commercially zoned properties and $120 per acre for larger parcels of the same latter permitted use during 1992 -93. Also proposed for low water using parcels of 500 cubic feet or less per month some degree of reduction in the assessment upon application. It was not known how long the benefit assessment will be used, that being a function of the final cost of the City Council Minutes 8 January 7, 1992 kP F. G. project and how much revenue is generated from the other two sources. On January 27 at 7:00 p.m. at the City of Manhattan Beach Joslyn Center there will be a public hearing held by MBWMD. Councilman West questioned if there were any definite sites; Mr. Putnam responded that West Basin is continuing to look at sites. Council consensus to receive /file report. 616 -620 W. Imperial Avenue - Preliminary plan for proposed controlled parking lot. Held over to January 21, 1992. NEW BUSINESS - CITY ATTORNEY NEW BUSINESS - CITY CLERK NONE 1. A resolution of the City Council of the City of E1 Segundo, California, requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a municipal election to be held on Tuesday, April 14, 1992. City Clerk Hart informed Council that the following three resolutions were calling for a general election, the canvassing of the election, and a request of the E1 Segundo Unified School District to place a ballot measure on the ballot. MOVED by Councilwoman Cruikshank; SECONDED by Councilman Wise to adopt Resolution No. 3742. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. A resolution of the City Council of the City of E1 Segundo, California, ordering the canvass of the general municipal election to be held on Tuesday, April 14, 1992, be made by the City Clerk. 3. 4. H. MOVED by Councilwoman Cruikshank; SECONDED by Councilman Wise to adopt Resolution No. 3743. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Discussion of E1 Segundo Unified School District requesting to place a ballot measure on the City's General Municipal Election ballot. MOVED by Councilwoman Cruikshank; SECONDED by Councilman Wise to adopt Resolution No. 3744. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. Discussion on various election procedural matters. City Clerk Hart informed Council that his Office will be transmitting a package containing procedural information regarding elections to them under separate cover for their review and comments. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Cruikshank 1. Peer counseling for adults. Councilwoman Cruikshank stated that she has been involved in the R.O.A.D. program for a while and would like to have Council support with her idea to research into the Senior Citizens Adult Peer Counseling Program which was presented in a Daily Breeze article. City Council Minutes 9 January 7, 1992 Council consensus for staff to aide her in her research into the needs and desires for such a program within the City of El Segundo. Councilman West 1. Formulation of an informational package for interested City Council candidates outlining the requirements of the election process. Discussed earlier under City Clerk Item No. 4. Councilman Wise - NONE Mayor ProTem Dannen - NONE Mayor Jacobson 1. Discussion of methodology for selecting City representatives to the Los Angeles Metropolitan Transportation Authority. Mayor Jacobson recommended "one city - one vote" with regards to the letter from the Los Angeles Metropolitan Transportation Authority. Council consensus to have a "one city - one vote ". PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) Nancv Wernick - President of the E1 Segundo Unified School District thanked everyone for their assistance in placing a ballot measure onto the City's General Municipal Election ballot. She stated that they plan on going door to door to explain what the measure is about. MEMORIALS Mayor Jacobson adjourned the meeting in memory of Jim Clutter, former City Councilman. CLOSED SESSION The City Council moved into a closed session at 9:50 p.m. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et sea.) 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 on the following: 654956.9(a) - (City a tarty to nendina litigation) City of E1 Segundo vs. Los Angeles Landsburg vs. City of E1 Segundo Hunter vs. City of El Segundo Carney Brothers vs. City of E1 Segundo Raddich vs. City of El Segundo Public Storage vs. City of E1 Segundo 654956.9(b) - (City might have significant exposure to litigation) Three matters. ADJOURNMENT at 11:15 p.m. to January 13 at 5:00 p.m. Lor Freeman Duty City Clerk City Council Minutes 10 January 7, 1992