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1981 MAY 05 CC MINX > 4 0 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL May 5, 1981 1. CALL TO ORDER The El Segundo City Council convened in regular session on the above date at the hour of 7:00 o'clock p.m., in the Council Chamber of the E1 Segundo City Hall. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 267 Leader Bill Simmons led the Salute to the Flag. 3. INVOCATION was delivered by Councilman William Bue. 4. ROLL CALL: Present: Councilmen Armstrong, Bue, Siadek and Mayor Van Vranken Absent: Councilman Johnson 5. PRESENTATIONS a. The Mayor read a proclamation declaring May 9, 1981 as FIRE SERVICE RECOGNITION DAY urging all citizens to visit their nearest Fire Station that both Fire Station #1 and #2 would hold Open House on that day. The Mayor presented the proclamation to Fire Chief Tom Baron. b. The Mayor read a proclamation declaring May 10 through May 16, 1981 as NATIONAL POLICE WEEK urging all citizens to observe this week by commemorating the faithful and loyal service to the community. The Mayor presented the proclamation to Police Chief Jim Johnson. C. Introduction of K -9 Patrol Officers and their partners Chief Johnson stated he was pleased to introduce the City's new K -9 Program to the Council and the participants, Officer Byron Sumrow and his partner Graf, and Officer Scott Armstrong with Quido. The Chief explained the capabilities of the dogs, that they were exceedingly valuable in search procedures of large buildings. Lt. Tim Grimmond, Coordinator of the K -9 Program, narrated a T.V. film of the dogs at work, showing them protecting the officer, seizing a suspect, searching a building, and retrieving a hand gun thrown away by a suspect. 6. SPECIAL ORDER OF BUSINESS a. Public Hearing on appeal of Chevron, U.S.A. Inc. from Planning Com- mission denial of Conditional Use Permit The Mayor announced that this was the time and place heretofore fixed for hearing the appeal of Chevron, U.S.A. Inc. for Conditional Use Permit to remodel and expand the Service Station into a self - service facility and convenience store at 601 Vista del Mar, and inquired if proper notice of the hearing had been given. City Clerk Burrowes replied that affidavits of publishing and mailing the notice were on file. The Mayor directed that said file become a part of this hearing and then inquired if any written communications had been received. The City Clerk replied that two letters of protest had been received, one from the Cripe Family at 4421 Ocean Drive, Manhattan Beach and the other from owners of convenience stores in the El Porto area, the E1 Porto Liquor Market, Stan's Liquor and Players Liquor. The Mayor directed that these letters become a part of this hearing. Mr. Frank Spevacek, Planning Consultant, substituting for the Planning Associate who was on vacation, referred to the rendering and map on the bulletin board depicting the plans for the remodeling and additional building at the corner of 45th Street and Vista del Mar. Stated that protests against the permit had been registered by the City Manager and the Police Chief at the Planning Commission hearing. X5404 Advised that the Planning Commission had denied the Conditional Use Permit, primarily because it would increase noise, render a nuisance in the neigh- borhood, and increase police response activity. Mr. Tom Baumgartner, representative from Chevron, stated because of con- gestion on other streets that Vista del Mar was becoming the alternate route to residents in the area and also, this change was needed to make the station a profitable concern. After discussion by the Council, the Mayor inquired if anyone present wished to speak in favor of this permit. Hearing'no response, he inquired if anyone wished to speak in opposition to the project. Mr. Richard Nichelson, 204 45th Street, Manhattan Beach, stated he felt very much against the proposal, that problems are increased in the area during the Summer; that this project may cause even more litter problems, and the E1 Segundo police would have difficulty answering calls because of the congested traffic. Mrs. Joyce Handschumacher, 200 45th Street, Manhattan Beach, stated this project would create a nuisance and a setting for the criminal element. Asked the Council to deny the permit. Mr. Buzz. Handschumacher, 200 45th Street, Manhattan Beach, stated there would be no benefit to the residents from the market, that it may benefit other people who come to the beach in the Summer, but will cause more problems for residents and police. Asked the Council to vote against the project. There being no further response, motion was made by Councilman Bue, seconded by Councilman Siadek, that the public hearing be closed. Motion carried. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the appeal be denied, and that the following resolution be adopted: WHEREAS, an appeal from the decision of the E1 Segundo Planning Commission has been received by the City Council of the City of E1 Segundo from Chevron, U.S.A. Inc., which decision denied a Conditional Use Permit to remodel and expand a service station into a self - service facility and convenience store at 601 South Vista del Mar, within said City; and WHEREAS, the City Council did hold a duly advertised hearing on said appeal on May 5, 1981; and WHEREAS, the City Council has reached its decision on said matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, DOES HEREBY FIND, DETERMINE, AND ORDER, that the decision of the E1 Segundo Planning Commission be, and the same is hereby upheld and that the application of Chevron U.S.A. Inc., as hereinabove defined, is denied. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson -2- Council Minutes May 5, 1981 X 405 b. Extension of Precise Plan No. 2 -80, 42 -unit condominium development at 928 -954 Main Street and 937 -945 Pepper Street, Anastasi Construction The Mayor inquired if the applicant was present. Mr. William A. Ross, 1413 Sepulveda Boulevard, Manhattan Beach, attorney for Anastasi responded, stated that many problems had been encountered since the inception of this project, such as procuring community driveway easements, zone change for a portion of the property and a breakdown of negotiations with a leaseholder on a portion of the property, all of which had been time consuming. Stated that development would be a good buffer next to commercial property, and requested that a one -year extension be granted. Council registered concern whether earnest efforts had been made to nego- tiate with the leaseholder and that the project may be started, tenants dislodged and then work halted until the lease problem is resolved. Mr. Ross asked if the project is extended six months, would the Council then consider extension for an additional six months providing the lease matter is resolved. Mr. Wayne Anastasi, 1200 Aviation Boulevard, Redondo Beach, responded to Council's inquiries. Mr. Tom Patty of Anastasi Construction Company also responded to Council's questions. Mr. Loyal Christensen, Chairman Planning Commission, stated the Commission felt an obligation to extend the time because of the many complications encountered and thought the City had some responsibility in regard to the delay. After further discussion, motion was made by Councilman Siadek, seconded by Councilman Bue, that the time for commencement of Precise Plan No. 2 -80 be extended for an additional six months, said time to expire November 20, 1981. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson c. Changes in lot coverage, Precise Plan No. 7 -80 for 8 -unit townhouse development at 1711 East Pine Avenue and 500 Illinois Street Planning Consultant Spevacek reported that subject plan had been approved with a lot coverage of 42.6%, but during plan checking procedures, it was discovered that the plan actually calculated out at 50.4%; that the devel- oper had adjusted the plan so it now covers 49.9% of the lot, which does meet the zoning code. Stated that the Planning Commission and staff recommended concurrence with the change since the design is substantially the same as originally approved and does meet code requirements. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the Council concur with Planning's recommendation and that the change in Precise Plan No. 7 -80 increasing the lot coverage to 49.9% be approved. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson 7. ORAL COMMUNCATIONS None -3- Council Minutes May 5, 1981 L-P a )C54V REPORTS OF COMMITTEES a. South Bay Corridor Study Steering Committee Councilman Bue reported that the intersection of Aviation Boulevard and Rosecrans Avenue will be improved, and the County will develop plans for the upgrading of that corner. b. South Bay Cities Association. Councilman Bue reported that the report on the peripheral canal was interesting, but there was not anything really new to report. C. Centinela Valley Juvenile Diversion Project Councilman Siadek asked Council's approval to move or reassign the City's involvement in this pro- gram to the South Bay Juvenile Diversion Project. Advised he had the con- currence of the staff people involved and full support of Deane Dana's office. Stated that E1 Segundo is geographically located in the South Bay area and the City's problems are more closely related to those of the other cities in the South Bay Diversion project. Motion was made by Councilman Armstrong, seconded by Councilman Bue, that Councilman Siadek's request be approved, that staff prepare whatever papers are necessary to transfer the City of E1 Segundo from the Centinela Valley Juvenile Diversion Project to the South Bay Juvenile Diversion Project. Motion carried. d. Airport Noise Control and Land Use Study Steering Committee (ANCLUC) Councilman Armstrong reported that a and announcement of this choice would thought this was a step in the right Airport and community. CONSENT CALENDAR new coordinator had been chosen, be made May 6, 1981. Stated he direction in coordination of the Councilman Armstrong asked that Item (a) be removed from the Calendar for separate discussion. Thereafter, motion was made by Councilman Bue, seconded by Councilman Siadek, that the balance of items on the Consent Calendar be approved. Motion carried: b. Warrants Nos. 70639 through 70792 on Demand Register Summary No. 20 in total amount of $684,506.59 ... Ratified and approved c. Promotional examination Plan for Fire Captain ... Approved d. Resolution authorizing destruction of certain records in the office of the City Clerk, entitled: RESOLUTION NO. 3066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUC- TION OF CERTAIN RECORDS IN THE OFFICE OF THE CITY CLERK ... Resolution adopted e. Specification No. 80 -18 for interior painting, carpeting and tiling at City Library ... Specifications approved and authorization given to advertise for bids, said bids to be received June 2, 1981 -4- Council Minutes May 5, 1981 K 40 f. Resolution approving Final Map of Tract 40008, Precise Plan No. 4 -80 225 -231 West Palm Avenue entitled: RESOLUTION NO. 3067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 40008 LOCATED WITHIN SAID CITY ... Resolution adopted 10. CALL ITEMS FROM CONSENT CALENDAR a. Minutes of regular City Council meeting of April 21, 1981 Councilman Armstrong asked that subject minutes be held over until the next meeting to verify a possible discrepancy in the vote regarding Ordinance No. 1004 on page 2. There being no objections, the Mayor so ordered. 11. WRITTEN COMMUNICATIONS - None 12. REPORTS OF OFFICERS a. City Manager Jones 1) Report on processing of traffic citations and recommendation regarding new account clerk position Reported that in the past few years difficulty had been encountered in the processing of parking citations, which greatly affected the City's enforce- ment program. Stated that legislation had changed allowing municipalities to assume the duties for collection of fines and the Finance Department had been doing that since March 1, 1981. Recommended that one Accounting Clerk be hired to process Police parking citations, with additional duties of keeping the data processing records, assisting with the central filing system, business licenses and cashiering. Advised that the total cost for this oper- ation for the remainder of this fiscal year would be $4,884.00 and asked that the Council authorize appropriation of that amount. Director of Finance Giordano responded to Council's questions, that during the day the Finance Department would update the master file and during the evening hours, the Police Department would perform this duty. City Manager Jones advised that the additional duties would impose such a work load on the staff that the quality of work in the Finance Department would deteriorate. Mr. Ron Hart, Chairman Merchants' Committee of E1 Segundo, stated that at budget meetings it was said that the revenue derived from tickets was to be punitive only and not supposed to be revenue producing; that traffic control should be control and not revenue generating. Stated it was the opinion of many people on Main Street or the merchant community that people are not coming into town because they have been told they might get a ticket. City Manager Jones explained that some of the limited parking on Main Street had been established at the request of the merchants; that the Traf- fic Committee and the Chamber of Commerce coordinate efforts to handle problems as they come up. The Council discussed further the matter of parking regulations and enforce- ment and by mutual consent deferred subject matter until the next regular City Council meeting. -5- Council Minutes May 5, 1981 A- sloe The City Manager asked to meet in closed session with the Council to discuss meeting and conferring with the E1 Segundo Police Association. b. Acting City Manager Katherine Stone 1) Report on status of Hyperion Energy Recovery System Project Reported that the City of Los Angeles had made application for a South Coast Regional Air Quality permit and this had been certified as complete; that if this holds, it means the project would be able to go under older, laxer emission control rules if the Board changes its regulations. Advised the Council to write both the City of Los Angeles and the Air Quality Dis- trict protesting the certification of completeness since the design had not been completed, and that she would draft the letters for the Council if it so desired. Stated that the Pacific Legal Foundation has two related law suits, that at this point the new policy of the administration has not reached down to the EPA or Justice yet, so they have not reached any discussions with these agencies. Asked permission to discuss this further in closed session. Advised there had been one policy change at the EPA level, indicating they will consider extending the deadline under the Ocean Dumping Act to New York to permit them to continue dumping. Further advised she would be going to Washington, D.C. again tomorrow and if the Council wished, she would touch base with some representatives and it might be appropriate to encourage them to make another effort toward the Vice President's Counsel on the matter. Stated she would like a brief time in closed session to discuss a matter of potential litigation. After discussion with ways and means of pursuing the matter, the Council was in agreement that Ms. Stone reinforce the contacts the City had made in Washington, D.C. City Manager Jones reported that in related matters, a preliminary meeting of the Association of Metropolitan Sewage Agencies indicated a subcommittee would be formed to oversee a lobbying effort at state and national levels on water quality standards, particularly as they relate to disposal wastes in the ocean and there may be a chance E1 Segundo could participate without becoming a member of the organization. Mayor Van Vranken advised that if the Sanitation Districts are members, it might be the way to participate in this effort; that he would inquire at the Board meeting to be held May 6. c. Acting Director of Public Works Jack Allen 1) Quitclaim deeds for slope easements at northeast corner of Aviation Boulevard and El Segundo Boulevard Advised that the developer, Ancal Engineering Company had requested the City quitclaim two slope easements on subject corner. Stated that the hill on which the Leuzinger farmhouse is located will be eliminated and, therefore, the easements would no longer be needed. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution be adopted: WHEREAS, that certain slope easement insofar as it pertains to and affects the following described real property located in the City of E1 Segundo, County of Los Angeles, State of California, to wit: The most westerly 1.00 foot of Parcel 2 of Parcel Map No. 7119 as recorded in Book 74 Page 27 of Parcel Maps in the Office of the County Recorder, County of Los Angeles, State -6- Council Minutes May 5, 1981 A .5409 of California, lying adjacent to that certain course shown on said Parcel Map as having a bearing of North Oo 02' 30" east and a length of 101.04 feet (Aviation Boulevard) is no longer needed. NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized to execute a Quitclaim Deed for said ease- ment from the City of E1 Segundo to THE HEIRS AND DEVISEES OF LOUIS E. LEUZINGER AND ARTHUR T. LEUZINGER and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution be adopted: WHEREAS, that certain slope easement insofar as it pertains to and affects the following described real property located in the City of E1 Segundo, County of Los Angeles, State of California, to wit: The most southerly 5.00 feet of Parcel 2 of Parcel Map No. 7119 as recorded in Book 74, Page 27 of Parcel Maps, in the Office of the County Recorder, County of Los Angeles, State of California, bounded on the west by a line parallel with and 342.09 feet westerly of the easterly line of said Parcel 2 and bounded on the east by a line parallel with and 180.09 feet westerly of the easterly line of said Par- cel 2 (E1 Segundo Boulevard) is no longer needed. NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized to execute a Quitclaim Deed for said ease- ment from the City of E1 Segundo to THE HEIRS AND DEVISEES OF LOUIS E. LEUZINGER AND ARTHUR T. LEUZINGER and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson 2) Emergency Sewerline Repairs Advised that after repairs had been made to the sewer main trunk line west of Acacia Street, the 25 -foot deep line was pictured with a T.V. camera revealing three additional sections of crushed pipe. Recommended the same contractor, MGR Construction Company, that just finished repairs to the line, be authorized to make these emergency repairs, and that the estimated cost of $30,000 be appropriated from the Capital Improvement Fund Account No. 11- 800201 for this work. -7- Council Minutes May 5, 1981 X . It I Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the broken sewer mains south of the intersection of West Sycamore and Dune Street and west of Acacia Street constitute a public health hazard necessitating immediate repairs and that an amount not to exceed $30,000 be appropriated from the Capital Improvement Fund Account No. 11- 800201 for said repairs. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilmen None Absent: Councilman Johnson 13. UNFINISHED BUSINESS a. Ordinance No. 1004, changing zoning from Public Facilities (P -F) to Planned Residential Development (PRD) Acting City Attorney Stone presented subject ordinance, entitled: ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING THE ZON- ING MAP REFERRED TO IN SECTION 20.16.030 OF SAID CODE (3 -80) which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Siadek, seconded by Councilman Bue, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Siadek and Mayor Van Vranken Noes: Councilman Armstrong Absent: Councilman Johnson b. Ordinance amending Section 20.24.070 of Municipal Code relating to lot area per dwelling Acting City Attorney Stone presented subject ordinance, entitled: ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTION 20.24.070 RELATING TO LOT AREA PER DWELLING which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Bue, seconded by Coun- cilman Siadek, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Siadek and Mayor Van Vranken Noes: Councilman Armstrong Absent: Councilman Johnson C. Ordinance amending Section 20.24.220 of Municipal Code relating to condominium precise plan requirements Acting City Attorney Stone presented subject ordinance, entitled: -8- Council Minutes May 5, 1981 X 11+411 ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTION 20.24.220 AND ADDING SECTIONS 20.24.224, 20.24.226 AND 20.24.228 RELATING TO VARIOUS REQUIREMENTS FOR CONDOMINIUMS which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Bue, seconded by Councilman Siadek, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Siadek and Mayor Van Vranken Noes: Councilman Armstrong Absent: Councilman Johnson 14. NEW BUSINESS - none 15. ORAL COMMUNICATIONS a. Mr. Roger Siegal, 937 Lomita Street, stated there is not a professional football team franchise at the Los Angeles Memorial Coliseum at the present time, the Los Angeles Rams having moved to Orange County and it doesn't appear that the Oakland Raiders will be allowed to play in the Coliseum. Therefore, he has asked for the right to put together a new franchise on a non - profit basis for the Coliseum and suggested the team be named either the E1 Segundo Blues or the South Bay Blues, or a combination of the two. Stated he hoped the City would consider a joint venture in this NFL franchise. Mr. Siegal suggested that to determine the character of parking citations, the officers issuing the tickets, keep a running tab on where they had been issued. Also suggested the City put together a position paper on where things stand on the Hyperion problem and send a copy to the Grand Jury; or another way might be to consider annexation of the Hyperion Plant. b. Mrs. Madelyn Bennett,527 Richmond Street, related that her fellow employees refused to come to E1 Segundo for lunch because of their fear of getting a parking ticket. Also spoke of changes requested in procedures of the Treasurer and Finance Departments. Advised the Council of her involvement in protesting the proposed Hyperion Sludge Disposal Plan, that she had written a letter to the EPA in San Fran- cisco prior to the established deadline date in which she advised she would file suit. Stated she had been unsuccessful in so doing and, therefore, asked that since the City's letter had not been filed in a timely manner, could she go ahead with her letter with a class action suit. City Manager Jones responded that the City's submissions to the EPA had all been in a timely manner, that the City had not become directly involved in litigation, but was supporting the litigation efforts of the Pacific Legal Foundation. Further advised that litigation may only delay progress, that possibly the best approach would be through Congress, and political efforts were being pursued by the Council in this direction. Council members and acting City Attorney Stone further advised Mrs. Bennett of extensive efforts being made against the Sludge Program, advising that a personal letter from her to the Pacific Legal Foundation might be helpful. 16. RECESS: At the hour of 9:45 o'clock p.m., the Council recessed to a Closed Session in the Mayor's office to discuss matters of possible litigation and meet and confer sessions with the E1 Segundo Police Association. -9- Council Minutes May 5, 1981 k 54 12 At the hour of 11:15 o'clock p.m., the Council reconvened, the following members being present and answering roll call: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken 17. ADJOURNMENT No other business appearing to come before the Council at this session, motion was made by Councilman Bue, seconded by Councilman Siadek, that the meeting adjourn, the hour of adjournment being 11:16 o'clock p.m. Motion carried. APPROVED: N7, IY R. K. Van Vranken, Mayor Respectfully submitted, kL� Valerie A. Burrowes, City Clerk -10- Council Minutes May 5, 1981