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1993 AUG 03 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL August 3, 1993 - 7:00 P.M. CALLED TO ORDER Mayor Jacobson at 7:05 P.M. INVOCATION - Dr. J.H. Greer, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS NONE ROLL CALL Mayor Jacobson Mayor ProTem Wise Councilman West Councilman Switz Councilman Robbins - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (City Business Only) (Items not listed on the Agenda - 3 minute limit per person, 30 minute limit total) Five (5) Individuals addressed Council 1. Resident; stated he opposes the CUP 93 -1 2. Willard Krick, 1414 E. Mariposa; thanked the Planning Department and the Police Department for resolving a problem in his neighborhood. 3. Jeannie Yeagley, 824 Maryland; spoke regarding her concerns of the change in zoning of St. Anthony's School and Church to public facilities. Mayor Jacobson stated there will be a hearing regarding this matter. 4. Diane Lortie, Reliable Property Management, spoke representing the Summerwind Homeowners Association, regarding the hazardous condition of property located at 1630 -1632 E. Palm Avenue. City Attorney Lee Dolley responded that the city is in the process of dealing with this matter. 5. Ron Swanson, 1111 E. Grand; spoke regarding the sidewalk replacement program and felt that the job was substandard. CLOSED PUBLIC COMMUNICATIONS A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilman West SECONDED by Councilman Switz to read all ordinances and resolutions by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B. SPECIAL ORDERS OF BUSINESS 1. Public Hearing on the appeal of the Planning Commission approval of Environmental Assessment EA -305, Conditional Use Permit 93 -1 and Variance 93 -2 to allow a sports education center and a pre - school to operate at the vacant Imperial Avenue Elementary School site, located at 530 -540- E. Imperial Avenue. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission approval of Environmental Assessment EA- 305, Conditional Use Permit 93 -1 and Variance 93 -2 to allow a sports education center and a pre - school to operate at the vacant Imperial Avenue Elementary School site. He also asked the Clerk if proper notice was published in a timely manner and if any written communications had been received regarding this matter. Clerk Mortesen responded that Public Hearing notice was published in a timely manner and one written communication has been received regarding this matter. Hyrum Fedje, Director of Planning and Building Safety, presented an oral report. Twenty -one (21) individuals addressed Council 1. Emma Krick, 1414 E. Mariposa opposed CUP 93 -1, and City Clerk read written communication into the record. 2. Eric Bimber 913 Sheldon introduced Mike Spata of Anderson, Keleher & Spata in Manhattan Beach representing Citizens for Preserving a Residential Community. Mr. Spata gave an in depth report regarding the reasons for the denial, and Mr. Bimber submitted petitions signed by approximately 600 residents voicing their opposition. 3. John Loney, 543 E. Walnut summarized his qualifications stating he was an experienced appraiser and broker, and opposed CUP 93 -1 because it would hurt property values. 4. Willard Krick, 1414 E. Mariposa - Resident: stated speaking as a resident he opposed the CUP. As ESRA's Representative - he was here to present their official opposition to the CUP. He then submitted a petition opposing the CUP which contained over 200 signatures. 5. John Alturmura, 1020 Manhattan Beach - coordinator of the school site - responded to many of the concerns voiced. 6. John Wooey, Castle Concessions, stated the importance of the need for a financial statement. 7. Gert Voegtli, Mariposa stated opposition to the CUP. 8. Raymond Fahey, 821 Mc Carthy opposed the CUP due to traffic flow and safety concerns, and presented Council with a map showing traffic accident history on McCarthy Court. 9. Kathy Brown, Grand Avenue opposed CUP, and that the Council should listen to the citizens. 10. Alan Butler, Sierra Place; opposed the CUP. 11. Jane Friedkin, Elm Ave opposed the CUP. 12. John Garland 1212 Walnut supported CUP and project. 13. Shelly Bluman, Eucalyptus; opposed the CUP. 14. Jeannie Yeagley, 824 Maryland opposed the CUP because it put the burden on one neighborhood, and car alarm ordinance findings state car alarm noise lowers residential property and rental values. A lot of money was spent on a community survey which showed residents wanted a park on the Imperial Street School site. 15. Hazel Yates, 944 Sheldon opposed the CUP. 16. Eric Fransen, 912 Sheldon opposed the CUP. RECESS 8:43 P.M. RECONVENE 9:00 P.M. ALL MEMBERS PRESENT 17. Shirley McKinney, McCarthy Ct.; opposed the CUP 18. J. Wilson, resident; opposed the CUP 19. Mort Sogard, property owner; opposed the CUP 20. Frank Wong, 434 Valley; opposed the CUP 21. Bill Johnston, 839 Center St.; opposes the sports complex and proposed an alternate solution. MOVED by Councilman Switz SECONDED by Councilman Robbins to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Councilman West presented a slide projection with information on the Imperial Street School site, and stated he would like to see the interest generated to oppose the project generated to help the schools with alternate proposals. Councilman Robbins asked City Attorney Dolley for confirmation that the City Council must decide this matter based on land use issues only, and without discrimination based on the owner of the property or the proposer of the project. City Attorney Dolley responded that was a planning issue and the Council's decision should be based on the land use only. Councilman Switz stated he felt the community had expressed itself with the petitions and the recent survey, and felt obligated to abide by it. Also stating, he would support a movement to devise a plan that will use the Imperial Street property to the best advantage for everyone. Mayor ProTem Wise agreed with Councilman Switz that a plan should be developed for the property, and that the project was a very good one but the property was not zoned for this use. Councilman West agreed with Mayor ProTem Wise and Councilman Switz, and stated there should be something that can be done to generate revenue for the School District until the economy improves. MOVED by Mayor ProTem Wise SECONDED by Councilman West to grant the appeal of the Planning Commission approval of Environmental Assessment 305, Con- ditional Use Permit 93 -1 and Variance 93 -2 to allow a sports education center and a pre - school to operate at the vacant Imperial Avenue Elementary School site located at 530 -540 E. Imperial Ave., and to direct staff to prepare a resolution stating such. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Public Hearing - Consideration of imposing residential refuse collection and street sweeping fees, and increasing the rate of the sewer user fee in the Hyperion service area. Assistant City Manager, Don Harrison, gave a brief staff report. Councilman Robbins stated he opposed the fees, and questioned City Attorney Dolley if there was a way for the fees to be defined so residents could take advantage of the Federal Tax deduction. City Attorney Dolley responded that persons who wish to review this should consult their own tax attorneys. I have not addressed that question on this subject, there may be something, and I would suggest that unless it is something very, very new, and I haven't heard anything like that, it's going to be very difficult to call a fee anything but a fee. The deductibility under the IRS is based on taxes not on fees. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the consideration of imposing residential refuse collection and street sweeping fees; and, increasing the rate of the sewer user fee in the Hyperion service area. He also asked the Clerk if proper notice was published in a timely manner and if any written communications had been received regarding this matter. Clerk Mortesen responded the Public Hearing notice was published in a timely manner and one written communication had been received regarding this matter. Eleven (11) individuals addressed Council 1. Gary Wallace, 516 Oregon Street, proposed the Council consider easing into these fees with an increasing amount, and limiting the amount of trash allowed with a fine being imposed for excess trash. 2. Gert Voegli, Mariposa; opposes the fees. 3. Jeannie Yeagley, 824 Maryland; disagrees with the exemption for senior citizens and feels it should be regulated by income rather than age. Opposes the fees. 4. Brian Crowley, 501 California; supported sewer and trash fees. 5. Resident; suggested reducing the frequency of Street Sweeping to every other week, opposes the Street sweeping fees. 6. Ron Swanson, 629 California; supports the fees. 7. Hazel Yates, 944 Sheldon; supports the fees, and relief for the elderly. 8. Ron Hart, 430 E. Maple - representing the El Segundo Tax Payers Association - presented their opposition to the fees. 9. Shirley McKinny, McCarthy Ct.; agreed with easing into the fees. 10. Frank Wong, 435 Valley; opposed the fees. 11. Willard Krick, 1414 E. Mariposa - speaking for himself as a resident, he stated he did not oppose fees for himself but felt consideration should be given to lower income families. MOVED by Councilman Switz SECONDED by Councilman Robbins to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Councilman Robbins questioned whether the sewer fees are based on the cost Los Angeles claims or on the much lower cost El segundo claims is correct. City Attorney Dolley suggested discussing this in closed session. Councilman West suggested an amendment to include relief to all ages. Councilman Switz suggested an exemption based on the lifeline and a three year sunset clause. Councilman Robbins stated his concern with imposing fees and for the Public Record stated: In my opinion there is still fat in the budget, and the City should not raise taxes or layoff staff under these circumstances. I intend to vote no on all of these new taxes and fees. Councilman Robbins questioned the effective date of August 1, 1993, and why trash fees were not identified for lifeline relief. City Attorney Dolley responded that the date is legally acceptable, and that the lifeline clause is contained in the ordinance and need not be in the resolution. Mayor Jacobson disagreed with imposing fees at this time. Council directed staff to develop information on the lifeline exemption. City Attorney Dolley read the following by title only: ORDINANCE NO. — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 6.08 TO ADD SECTIONS 6.08.140 AND 6.08.150 REQUIRING MANDA- TORY RESIDENTIAL GARBAGE AND RUBBISH COLLECTION, AND ALLOWING FOR ESTABLISHMENT OF REFUSE COLLECTION FEE RATES BY RESOLUTION OF THE CITY COUNCIL. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 12.10 DECLARING THE CITY'S INTENT TO PROVIDE FOR THE SWEEPING OF CITY STREETS AND PROVIDING FOR THE IMPOSING OF FEES FOR SUCH SWEEPING. RESOLUTION NO 3822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO RESCINDING RESOLUTION NO 3481 RELATING TO IMPLEMENTATION OF SEWER USE FEES AND AMENDING RESOLU- TION NO 3448 RELATING TO SEWER USE FEES. RESOLUTION NO 3823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SETTING FEES FOR RESIDENTIAL REFUSE COLLECTION IN ACCORDANCE WITH SECTION 6.08.150 OF THE EL SEGUNDO MUNICIPAL CODE. RESOLUTION NO 3824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SETTING FEES FOR STREET SWEEPING IN AC- CORDANCE WITH SECTION 12.10.050 OF THE EL SEGUNDO MUNICIPAL CODE. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to adopt Resolu- tion Numbers 3822, 3823, and 3824 increasing the rate of sewer user fees, estab- lishing the rate for refuse collection fees, and establishing the rate for street sweeping fees, with the inclusion of a sunset clause of three (3) years, and introduce the Ordinances. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES; MAYOR JACOBSON AND COUNCILMAN ROBBINS. 312 C. UNFINISHED BUSINESS ITEMS C -1 AND C -2 HELD TO AFTER CITY MANAGER NEW BUSINESS. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Request for City Council to schedule interviews the week of August 30, 1993 for applicants to the Investment Committee; Wall of Honor Commit- tee; and Capital Improvement Program Advisory Committee. COUNCIL CONSENSUS TO SET INTERVIEW DATE FOR AUGUST 31,1993 AT APPROXIMATELY 7:45 P.M. E. 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. Warrant Numbers 206286- 206416 on Demand Register Summary Num- ber 28 in total amount of $245,058.45. 2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 3. Warrant Numbers 206455 - 206491 on Demand Register Summary Num- ber 29 in total amount of $141,671.25. 4. City Council meeting minutes of July 12 and 20, 1993. 5. Request for City Council approval of the Public Service Agreement number 2273 between the City of El Segundo and Just Right Home Care, Inc., a non - profit corporation. Contract amount: $22,000. 6. Request for City Council approval of the Public Service Agreement number 2274 between the City of El Segundo and Tamtec Company, an independent consultant. Under the City's Community Development Block Grant (CDBG) Program, Tamtec Company conducts a senior adult nutri- tional counseling project. Contract Amount: $14,5007. 7. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 9. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 10. PULLED FOR DISCUSSION BY MAYOR PROTEM WISE MOVED by Mayor ProTem Wise; SECONDED Councilman West to approve 1,3,4,5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA 2. Warrant Numbers 206417 - 206451 on Demand Register Sum- mary Number 2 in total amount of $607,480.21. Councilman Robbins stated he intended to vote no because there were excessive travel expenditures in the warrants. MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to approve the warrant demand register summary number 2 in total amount of $607,480.21. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411: AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES: COUNCILMAN ROBBINS. Councilman Robbins stated he was not participating on Consent Agenda Item Number 7, 8, and 9 in excess of caution of a possible conflict of interest. 7. A resolution of the City of El Segundo, California, finding the City to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. 8. Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of El Segundo regarding Proposition "C ", Transit Related Street/State Highway Improvements (Proposition "C" 25 %). (MOU is for $5,000,000 funding toward total project cost estimated at $11,380,000 -- City of El Segundo share $320,000 approved previously ) 9. 1992 -93 slurry seal of various streets. Specifications No. PW 93 -7. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to approve Consent Items Number 7 - Resolution No. 3825, Number 8 MOU Agreement Number 2281 with Los Angeles County Metropolitan Transportation Authority, and Number 9 - Contract Number 2284 for slurry seal of various streets PW 93 -7. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1: AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES: NONE. NOT PARTICIPATING: COUNCILMAN ROBBINS. 10. El Segundo golf course construction project. Retention of contractor to provide construction and special Building Code inspection services and materials testing services at an amount not to exceed $40,000. Ken Putnam, Director of Public Works gave a brief staff report. MOVED by Councilman Switz SECONDED by Councilman West to approve retention of a contractor to provide construction and special Building Code inspection services and materials testing services Contract Number 2283. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. F. NEW BUSINESS - CITY MANAGER 1. Request for City Council to schedule public hearings on the proposed amendments to the Zoning Code and Subdivision Ordinances. COUNCIL CONSENSUS TO SCHEDULE THE FOLLOWING PUBLIC HEARING DATES ON PROPOSED AMENDMENTS TO THE ZONING CODE for 7:00 p.m. ON SEPTEMBER 2,14,20,28, and OCTOBER 4,12,18, 1993. 2. Proposed class specification and salary range for the new position of Planning Technician. Revised class specification for Assistant Planner. City Attorney Dolley read the following; RESOLUTION NO. 3826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ESTABLISHING A SALARY RANGE FOR THE JOB CLASSIFICATION OF PLANNING TECHNICIAN. MOVED by Councilman West SECONDED by Councilman Switz to adopt Resolution Number 3826 establishing a salary range for the job classification of planning techni- cian. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CITY MANAGER JIM MORRISON ANNOUNCED THE DECISION OF MEET AND CONFER; THE POLICE DEPARTMENT MOU NEGOTIATIONS HAVE BEEN COMPLETED, THERE HAS BEEN NO AGREEMENT WITH THE OTHER TWO (2) EMPLOYEE GROUPS, IN ACCORDANCE WITH MUNICIPAL CODE 2.28.180, ORDINANCE NUMBER 586, AND COMPLIANCE WITH THE DIRECTION OF THE BUDGET ADOPTION, THE CITY MANAGER IS TO PROCEED WITH GENERAL LAYOFFS AMONG GENERAL AND SUPERVISORY EMPLOYEES. C. UNFINISHED BUSINESS HELD OVER FROM EARLIER IN THE MEETING. 1. A resolution of the City Council of the City of El Segundo, California, amending Chapter 1A1 (Elective and Appointive Officers) of the El Segundo Administrative Code fixing compensation for City Clerk and City Treasurer at an amount 5% less than current compensation. City Attorney Dolley suggested holding this item over until the Meet & Confer process has been completed. MOVED by Mayor ProTem Wise SECONDED by Councilman Robbins to adopt Resolution Number 3827 fixing compensation for the City Clerk and City Treasurer at an amount 5% less than current compensation. City Attorney Lee Dolley read the following; RESOLUTION NO 3827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CITY COUNCIL RESOLUTION 3619 BY FIXING COMPENSATION FOR CITY CLERK AND CITY TREASURER AT AN AMOUNT 5% LESS THAN CURRENT COMPENSATION. Councilman West stated that Council took a leadership roll and declared that we personally would forfeit 5% salary reduction on our own. We unilaterally forced the Clerk and Treasurer without discussing with them even though that we had to meet and confer with all the other organizations. We did not meet & confer with the Treasurer and Clerk and we decided that they too would have to play our leadership role. Our leadership role did not work and the employees did not take a 5% salary decrease. I do not think it is appropriate that we continue in this direction. He urged the Council not to take this action. Councilman Robbins stated he did not view this as being conditioned on all the employees taking a pay cut. I viewed it as something to show that we are willing to feel some of the pain also. Councilman Switz stated that the money is not relevant. He also stated he feels that people who are not represented by employee groups are not sharing the pain. He is opposed to automatic step increases. City Manager Jim Morrison clarified that all employees are eligible for step increases except the City Manager, City Treasurer and City Clerk. MAYOR JACOBSON CALLED THE QUESTION; MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1: AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN SWITZ, AND COUNCILMAN ROBBINS. NOES: COUNCILMAN WEST. 2. An ordinance of the City of El Segundo, California, amending Chapter 2.08 of the El Segundo Municipal Code by amending Section 2.08.010, fixing compensation of Councilmen at an amount 5% less than current compensation. City Attorney Dolley read the following: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTION 2.08.010 FIXING COMPENSATION OF COUNCILMEMBERS AT AN AMOUNT 5% LESS THAN CURRENT COMPENSATION. INTRODUCED by Mayor ProTem Wise. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Robbins Stated he understood that the reproduction of the General Plan documents were being done without being put out to bid or offered to a downtown retailer, and requested that in the future this be done. City Manager Morrison stated competitive prices were obtained; Councilman Robbins requested a copy of the quotes. Councilman Switz 1. Set date for presentation of implementing a City TQM Program. COUNCIL CONSENSUS TO SET AUGUST 31, 1993 5:30 P.M. FOR PRESENTATION OF IMPLEMENTING A CITY TQM PROGRAM. Councilman Switz then requested that the Council review the Planning Commission meeting tape of July 29, 1993, and suggested they emulate the behavior of that body. Mayor ProTem Wise 1. Phase I of Economic Development Program. POSTPONED TO AUGUST 17, 1993 Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Two (2) individuals addressed Council 1. Jeannie Yeagley, 824 Maryland, agreed with Councilman West about the need for a plan for Imperial Street School site, stating perhaps the proposed voucher system will make it possible for the school to be utilized again. 2. Peggy Tyrell, resident, questioned if all Department Heads were contract employees. City Manager Morrison responded that Department Heads serve at the will and pleasure of the City Manager, and the City Manager serves at the will and pleasure of the City Council. MEMORIALS Mayor Jacobson adjourned the meeting in memory of Robert Gambrel, retired Purchasing Officer with the City of El Segundo, and the Father of Father Alexei Smith. CLOSED SESSION 11:05 P.M. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et seq.) 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: GC 54956.9(a) (City a party to pending litigation) LOS ANGELES VS EL SEGUNDO NATIONAL ELECTRIC VS EL SEGUNDO RODEO TIRE VS EL SEGUNDO GC 54956.9(b) Five matters Meet & Confer Three matters with three employee groups. RECONVENED at 12:25 A.M. ALL MEMBERS PRESENT MOVED by Mayor ProTem Wise SECONDED by Councilman West to hear an urgency item that arose after the posting of the agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilman Switz SECONDED by Councilman Robbins to authorize the Mayor to execute the contract for construction of the Golf Course without the provision for overseeding, as previously submitted by staff. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 ADJOURNED at 12:33 A.M. to August 17, 1993 at 5:00 P.M. Cindy Mortesen, ity- Clerk