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1983 FEB 15 CC MINP-) Is .5 .60! MINUTES OF THE REGULAR MEETI`iG OF THE EL SEGUNDO CITY COUNCIL February 15, 1983 I. 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. II. PLEDGE OF ALLEGIANCE was led by Assistant Senior Patrol Leader Tim Taylor of Scout Troop 773 III. INVOCATION was delivered by Mr. Gordon Stephens IV. ROLL CALL: Present: Council Members Armstrong, Johnson, Siadek, Synadinos and Mayor Bue Absent: Council Members None V. SPECIAL ORDER OF BUSINESS A. Public Hearing on zone change from M -1 to C -3; Amendment to General Plan; and consideration of Environmental Impact Report Hessell Chevrolet Site - E1 Segundo Blvd. 2 Sepulveda Blvd. The Mayor announced that this was the time and place heretofore fixed for subject hearing, and inquired if proper notice of the hearing had been given. City Clerk Burrowes replied that affidavits of publishing and mailing the notices were in her 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 responded that none had been received. Planning Director Romaniello reported an application had been received from Mr. John Hessell requesting a General Plan land use designation change from light manufacturing to special district commercial and a Zone Change from M -1 to C -3 for subject property (1875 East El Segundo Boulevard). Advised that an Environmental Impact Report had been prepared and the consultants who prepared the report, Donald A. Cotton Associates were in attendance. Described the site as consisting of 14 lots, present zoning being C -3, and M -1. Advised that the C -3 portion was developable under the new C -3 regulations, but the M -1 portion is currently controlled by the C -M stand- ards. Described the types of developments and limitations that could be constructed under the M -1 portion of the property, as presently controlled by C -M Standards, and what would be allowed, as controlled by the newly revised M -1 standards, and potential development under C -3 regulations. Advised the Commission felt developing under the C -M and C -3 regulations would not produce the kind of development that would be of benefit to the community or to the developer. Stated that no specific plans had been submitted for the site, so the Environmental Impact Report was based on assessing the maximum potential development under C -3 zoning, and approval was granted with nineteen conditions, the intent of which was to specifically reduce density and traffic impacts a development would create and imposing mitigation provisions that would reduce the environmental impacts of any project developed on that site. Councilman Siadek requested that the 19 conditions be read for the benefit of the audience. The Planning Director complied, and referred to the recom- mendation made by the City Manager that in lieu of naming a department or department head as responsible for conditions 16 through 19, that these be broadened as the responsibility of the City Council or the City Manager. The Planning Director advised that the Commission agreed. After further discussion, the Mayor inquired if anyone present wished to speak regarding this project. X �3 . A. Mr. Steve Romero, 837 Virginia Street, operator of the Plant Nursery north of the Hessell property, expressed concern about the height of the proposed project. Planning Director Romaniello advised the building could not be over 200 feet. Mr. Romero objected that a building of this height would shadow his garden area which would gravely affect growth. Asked the Council to give serious consideration of this impact. Mr. Frank Wein, consultant with Donald A. Cotton Associates, stated the Environmental Impact Report addressed the impact of shadows of buildings of several different heights and that the garden property would not be adversely impacted any more than now from development on the C -3 portion of the property. After further discussion, the Mayor stated the Council would need assurances about the shadows on adjoining property. Hearing no further response, motion was made and carried that the public hearing be closed. Acting City Attorney Dolley advised that the California Environmental Quality Act requires that mitigation measures be adopted by the Council prior to approving a project and recommended the Environmental Impact Report be certi- fied, and that an agreement with the applicant incorporating all the conditions to mitigate the significant adverse environmental impacts be presented to the Council for approval prior to adopting the ordinance to change the zoning or the resolution amending the Land Use Element. Council expressed concern about the impacts that would be created by this development. The Planning Director reported on the requirements placed on this project by the Planning Commission which are more restrictive to give the Council the methods to begin implementing some of the conditions in the Traffic Study. After further discussion, motion was made by Councilman Siadek, seconded by Councilman Johnson, that the following resolution, entitled: RESOLUTION NO. 3189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING, ADOPTING AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PRE- PARED WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN, AND WITH RESPECT TO AN APPLICATION FOR CHANGE OF ZONE, BOTH RELATING TO CERTAIN PROPERTY LOCATED AT THE NORTHiJEST CORNER OF EL SEGUNDO AND SEPULVEDA BOULEVARDS WITHIN SAID CITY; AND DIRECT- ING CERTAIN CITY OFFICIALS TO MEET WITH THE OWNER OF SAID PROPERTY AND THEREAFTER SUBMIT TO THE CITY COUNCIL AN AGREEMENT, WHICH SAID AGREEMENT SHALL INCLUDE PROVISIONS WHICH MITIGATE THE ADVERSE ENVIRONMENTAL IMPACT REPORT FINDINGS which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Council Members Johnson, Siadek and Mayor Bue Noes: Council Members Armstrong and Synadinos Absent: Council Members None Acting City Attorney Dolley presented an ordinance, entitled: -2- Council Minutes February 15, 1983 r 54 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPRE- HENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING THE ZONING MAP REFERRED TO IN SECTION 20.16.030 OF SAID CODE which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was introduced by Councilman Siadek. At the hour of 8:35 o'clock, the iiayor declared a short recess. At the hour of 8:40 o'clock p.m., the Council reconvened, all members being present and answering roll call. B. Public Hearing on request to permit a Christmas Tree Farm in Open Space zone under L.A. Department of [dater and Power Trans- mission lines within the City of E1 Segundo boundaries The Mayor announced that this was the time and place heretofore fixed for subject hearing, and inquired if proper notice of the hearing had been given. City Clerk Burrowes replied that affidavits of publishing and mail- ing the notices were in her file. The Mayor directed that said file be- come a part of this hearing, and then inquired if any written communications had been received. The City Clerk advised that four letters of objection had been received from Mr. and Mrs. Harkenrider, 747 Yucca Street, Mrs. William Birdsall, 876 Center Street, Mrs. V. E. Woods and Nancy Woods at 643 Whiting Street. The Mayor directed the letters also become a part of the file. Planning Director Romaniello reported subject application had been received from Mr. Frederick F. Lebschi, Jr. for a permit to operate a Choose and Cut Christmas Tree Farm, for which a Conditional Use Permit would be required. Stated the applicant proposes to lease about 20 acres from the DWP and plant approximately one and one half acres in trees for sale to the public in approximately four years. Advised that the Planning Commission had approved the environmental assess- ment and recommended certification of the Negative Declaration by the Council, as well as approval of Conditional Use Permit. The Mayor inquired if anyone present wished to speak regarding this request. Mfr. Frank Mahon y, 738 West Mariposa Avenue, handed the Clerk a petition containing107 signatures, protesting use of the open space and requesting denial of the permit. Also showed pictures of the area, describing the various vegitation and animals inhabiting the area. Asked that the Council consider the impact on residents and deny the request. Mrs. Roanne Mahony, 738 West Mariposa Avenue, objected to the project because of security problems, impact on residences from noise, traffic and parking. Spoke of possible erosion of the soil because of irrigation, and disturbing the natural habitat of wild animals, including the blue butterfly, an already endangered species. Furnished the Council with letters from the L.A. County Museum of Natural History and the Lepidoptera Research Foundation, Inc., recommending preservation of the area as a natural resource. Reported on the many telephone calls and contacts from professional people who were interested in retaining the area in its natural state. Urged the Council to leave the area as open space. Mrs. Merrilyn Basham, 847 Dune Street, stated her house would be opposite the parking area planned for the tree farm, that she moved in that house because of the open space and privacy. Urged the Council to preserve the life style of those who have chosen to live in that area. Mr. Gerhardt Van Drie, 724 West Pine Avenue, stated this farm would be in competition with the annual efforts of the Boy Scouts and he was against the permit. -3- Council Minutes February 15, 1983 Mr. Bill Parshall, 750 California Street, - buffer noise, relieve odors and contribute and thought it would be of benefit to the stated he thought trees would to the animal life in the area people of E1 Segundo. Mr. Sherman W. Grizzell, 10932 Hasty Avenue, Downey, professor of Urban Planning at Cal -State Polytechnic University in Pomona and former Planning Director for the City of Downey, stated the city was fortunate to have the open space and that in his classes, open space planning is emphasized. Urged the Council to consider keeping the area in its natural state. Advised that the Department of Water and Power had shown some interest in preserving this area for endangered species. Recommended the CUP be denied and suggested that staff might work towards creating a natural resource. Mr. Gary Bertonneau, 835 Dune Street, stated that everyone living on Dune Street is opposed to this project, expressed concern for disturbing the privacy of the people in the area. Mrs. Margaret Coplin, 726 West Maple Avenue, expressed concern for her four children who have been able to play in the area without any fear of intrusion of strangers. Mr. Frank Mahony, advised that parking is not allowed inside the Department of Water and Power right -of -way. There being no further testimony, motion was made and carried that the hearing be closed. The Mayor inquired if the applicant Mr. Lebschi wished to speak regarding his request for permit. Mr. Frederick Lebschi, Jr., 507 West Mariposa Avenue, stated he was inter- ested in providing for his future retirement, that this project would not produce for several years ahead. After further discussion, motion was made by Councilman Armstrong, seconded by Mayor Bue, that the Negative Declaration prepared for a Christmas Tree Farm be disapproved, and the request from Frederick F. Lebschi, Jr., for a Choose and Cut Christmas Tree Farm permit be denied. Motion carried by unanimous vote. C. Public Hearing on proposed amendments to Heavy Manufacturing Zone (M -2) The Mayor announced that this was the time and place heretofore fixed for subject hearing, and inquired if proper notice of the hearing had been given. The City Clerk replied that an affidavit of publishing the notice was in her 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 none had been received. Planning Director Romaniello reported this was the conclusion of the Plan- ning Department evaluating the zoning regulations, a culmination of many study sessions to review and assess development standards in the M -2 zone with development objectives. Advised that a Negative Declaration had been prepared, and the Commission recommended certification of said document and approval of the amendments to the M -2 zone. The Mayor inquired if anyone present wished to speak regarding this matter. Mr. Warren Taylor, 718 Redwood Avenue, representing Chevron, USA, Inc., stated the company was concerned about the new set back requirements, that the impact would be considerable. The Planning Director explained the provisions, and stated it was not the Commission's intent to handicap the Refinery. -4- Council Minutes February 15, 1983 A-5 Al .1; 6 Mr. Richard Patterson, 1205 East Oak Avenue of Hughes Aircraft Company Radar Division, stated he agreed with Chevron, that the set back require- ments were not clear. Mr. Tom Moske, 14013 Wilke Avenue, Gardena, stated he worked for Northrop Corporation, but was not officially representing that company tonight. Advised he took exception to the 20 foot set back, that this would not accommodate any kind of development without going before the Commission or Council for approval. Council discussed the ambiguity of the regulations and received further testimony from the above persons. Mr. Clifford Dent, 218 East Sycamore Avenue, suggested changing the re- quirements to a minimum and maximum rather than by percentage. Mr. Gordon Stephens, 515 California Street, asked if this was an environ- mental requirement and why was the requirement not consistent in all zones. Planning Director Romaniello explained that percentage applied to site size, that there was no way of designing a Code applicable to all situa- tions at all times. The rules were restrictive enough that if they are abided by it would not hurt the City, otherwise Commission or Council approval would be required. After further discussion, motion was duly made and carried that the public hearing be closed. City Manager Jones suggested that this matter be referred to the staff and Legal Department for research of the questions raised, after which it could be determined if the matter needed to be sent back to the Planning Commission. By mutual consent of the Council, the proposed amendments to the M -2 zone were referred to the staff and legal department for clarification. At the hour of 10:55 o'clock p.m., the Mayor declared a short recess. At the hour of 11:00 o'clock p.m., the Council reconvened, all members being present and answering roll call. VI REPORTS OF COMMITTEES A. Economic Base Study Advisory Committee. Patrick Smith, Chairman reported five meetings have been held to date, that time has been spent and more time will be devoted to revenue sources. Stated the committee was researching means of revenues that could be put into place as needed. Invited the pub- lic to attend the next meeting Wednesday night. Acting City Attorney Dolley responded to Council's inquiries about the status of the Airport Noise Variance, advised that there was very little work to be done in this next year and he would provide a way for the Council to keep a check on this situation. VII ORAL COMMUNICATIONS - None VIII CONSENT CALENDAR Requests were made to discuss items C, E and F. Motion was made by Councilman Siadek, seconded by Councilwoman Synadinos, that the balance of the items on the Consent Calendar be approved as recommended. Motion carried: A. Minutes of the regular City Council meeting held January 18, 1983 Approved as written B. Warrants Nos. 78160 - 78352 on Demand Register Summary No. 15 and Expense Checks Nos. 4024 - 4047 on Expense Check Register No. 8 Ratified and approved -5- Council Minutes February 15, 1983 / - : ;; 5 7 D. Claim of Mr. Roland Hoppen for damages Claim Denied G. Resolution authorizing destruction of certain records in the Police Department entitled: RESOLUTION NO. 3191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN THE OFFICE OF THE POLICE DEPARTMENT Adopted as written. H. Status Report on construction of City Maintenance Facility as of February 1, 1983 Received and ordered filed IX CALL ITEMS FROM CONSENT CALENDAR C. Resolution granting Western Waste Industries a permit for salvage station at Main & Mariposa Parking Lot entitled: RESOLUTION NO. 3190 A RESOLUTION OF THE CITY COUNCIL OF T17 CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZI_G THE CITY MANAGER TO ISSUE A PERMIT FOR A SALVAGE STATION ON A PUBLIC PARKING LOT WITHIN THE CITY OF EL SEGUNDO which was read, be adopted. Councilman Armstrong asked if only a portion of the parking lot would be used for the salvage operation. City Manager Jones advised a very small portion of the lot would be used. Motion was made by Councilwoman Synadinos, seconded by Councilman Armstrong, that Resolution No. 3190 be adopted as read. Motion carried. E. Claim of heirs of Ramon G. Samaniego for wrongful death Councilman Siadek announced that due to possible conflict of interest, he would not participate in the discussion or action of this item and Item F. Motion was made by Councilman Johnson, seconded by Councilman Armstrong, that the Claim of Ramon G. Samaniego heirs be denied. Motion carried with Councilman Siadek not voting. F. Claim of Beaver Insurance Company for Workers' Compensation death benefits for Ramon G. Sameniego and Thomas Romero Motion was made by Councilman Johnson, seconded by Councilman Armstrong, that the Claim of Beaver Insurance Company be denied. Motion carried with Councilman Siadek not voting. X WRITTEN COMMUNICATIONS - None XI REPORTS OF OFFICERS A. City Manager Jones 1. Formation of Consortium with adjoining South Bay cities to estab- lish a Service Delivery Area with State of California -6- Council Minutes February 15, 1983 hAti Reported that the CETA program would phase out in October, 1983 and thought the Council might be interested in joining with other cities to form a consortium to qualify for funds under the State Job Training Partner- ship Act of 1982 (JTPA). Advised that the Service Groups must have a minimum of 200,000 persons to qualify and Inglewood was formulating a plan for surrounding cities to join in order to qualify. Stated a resolution of intention to join had been prepared. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the following resolution, entitled: RESOLUTION NO. 3192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, EXPRESS- ING ITS INTENTION OF BECOMING A SERVICE DELIVERY AREA, ALONG WITH THE CITIES OF HAWTHORNE, INGLEWOOD, LAWNDALE, GARDENA, MANHATTAN BEACH, HERMOSA BEACH, AND REDONDO BEACH, CALIFORNIA, IN THE JOB TRAINING PARTNERSHIP ACT which was read, be adopted. On roll call, said motion carried by unanimous vote. 2. Contract for study of the City's Data Processing needs Advised that eight proposals had been received for subject study, four of which were selected for further review and the four bidders interviewed by the Selection Committee comprised of Councilman Siadek, and three staff members. The Committee's recommendation was that the proposal from The Warner Group be accepted as the best suited for the City's purposes, at a fee not to exceed $13,500. Mr. Howard Goodman, of The Warner Group, described the services proposed by his company. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the following resolution be adopted: RESOLVED, that that certain form of Agreement for City -wide Data Processing Analysis between the City of E1 Segundo and The Warner Group, presented to this Council on this date, be and the same is hereby approved, and after execution by each of the above -named parties, a copy of said agreement be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby author- ized to execute said agreement for and on behalf of said city and the City Clerk to.attest the same. On roll call, said motion carried by unanimous vote. 3. Reclassification of Fire Marshal position within Battalion Chief Class to new classification of Non - uniformed position Recommended that the present practice of rotating the Battalion Chiefs to serve as Fire rlarshals- be discontinued and the Classification of Fire Marshal be established as a civilian position at a salary range in the Management /Confidential Series of I -1. Also advised that this civilian position would replace the Battalion Chief who is retiring on March 1, 1983. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that Section 1A2.040 of the Administrative Code be amended by adding the Fire Marshal position at Range I -1. :lotion carried by unanimous vote. -7- Council Minutes February 15, 1983 XSIS59 4. Alternate transit system on railroad tracks Advised that he had circulated a letter to the Council from Alderon, Inc. concerning a recommendation that all four South Bay cities, interested in development of an alternate transportation system on the railroad tracks, contact the Los Angeles County Transportation Department as soon as possible to urge that the South $ay corridor be one of the five corridors to be selected for study of future transit options. Stated the decision will be made in March and once made, if the South Bay Corridor is not selected for detailed study, chances of getting an alternate transportation system on the railroad tracks would be greatly reduced. Councilman Johnson recommended a letter be sent to the Los Angeles Trans- portation Department immediately. Council agreed. B. Director of Public Works Glickman 1. Heater Remix and Overlay on various streets, Specification 82 -6 Advised that subject contract had been completed by the Contractor, Robert Escudero, Inc.,on January 31, 1983 and Notice of Completion filed with the County Recorder. Stated that Change Order No. 1 was issued in the amount of $3,381.58 for the increased cost of asphaltic concrete due to a delay of six months in commencing the project. Recommended approval of the Change Order and acceptance of the project as complete. `lotion was made by Councilman Siadek, seconded by Mayor Bue, that Change Order No. 1 to Robert Escudero, Inc., contract be approved in total amount of $3,381.58 and the Mayor authorized to sign said Change Order on behalf of the City; and the Heater Remix and Overlay on various streets be accepted as satisfactorily complete in accordance with Specification No. 82 -6. Motion carried by unanimous vote. 2. Repair of sewer lines at various locations. Specification 82 -26 Advised that bids had been received for subject work, on February 8, 1983, which bids were as follows: Name Amount of Bid J & R Construction $ 49,828.00 Ivan Bachan Construction Co. 54,819.00 Miramontes Construction Co. 69,835.00 George Miller Construction Co. 70,145.00 R & L Sewer .73,000.00 M.G.R. Contractors 86,119.00 Clarke Contracting Corp. 94,915.00 Robert G. Castongia, Inc. 99,240.00 G. R. Frost, Inc. 108,000.00 Mike Prlich & Sons 121,123.00 John T. Malloy, Inc. 140,860.00 Advised that funds had not been budgeted for this work and, therefore, recommended that $52,000 be appropriated from the General Fund Reserve for contract costs and incidental expenses and that the bid of J & R Construction be accepted as the lowest responsible bid. Motion was made by Councilman Siadek, seconded by Councilwoman Synadinos, that $52,000 be appropriated from the General Fund Reserve for Project No. 82 -26 arLd the following resolution be adopted: WHEREAS, the City of E1 Segundo duly advertised for bids for repair of sewer lines at various locations in accordance with Specification No. 82 -26; and WHEREAS said bids were received by the City Council on February 8, 1983; and the Director of Public Works found that the bid of J & R Construction in total amount of $49,828.00 was the lowest responsible bid. -8- Council Minutes February 15, 1983 X RRsv XII NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of E1 Segundo, that the bid of J & R Construction, the lowest responsible bid, be accepted; and BE IT FURTHER RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized and instructed to execute the contract herein awarded for and on behalf of said City and in its name and the City Clerk to attest the same, affix the seal and make delivery thereof in due course; and BE IT FURTHER RESOLVED, that all bids received, except the bid of J & R Construction, are hereby rejected and the City Clerk is hereby authorized and instructed to return the bid bonds of all unsuccessful bidders. On roll call, said motion carried by unanimous vote. 3. Painting of Water Tower Reported that preparations were being made to sandblast the water tower prior to painting and that fallout was almost impossible to contain. Stated that notices had been sent out to residents and the contractor had contacted those in the immediate vicinity. Further advised that the contractor had agreed to do any clean up required. UNFINISHED BUSINESS A. Ordinance regarding responsibility for removal and disposal of dog feces entitled: ORDINANCE NO. 1046 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIF- ORNIA, AMENDING CHAPTER 9.04 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 9.04.040 THERE- TO RELATING TO THE REMOVAL AND DISPOSAL OF DOG FECES FROM PUBLIC AND PRIVATE PROPERTY 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 Armstrong, that said ordinance be adopted. On roll call, said motion carried by unanimous vote. B. Ordinance prohibiting nudity on the E1 Segundo Beach entitled: ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIF- ORNIA, AMENDING CHAPTER 13.08 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 13.08.360 THERETO RELATING TO NUDITY AND DISROBING which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman. Armstrong, seconded by :Mayor BLe, that said ordinance be adopted. On roll call, said motion carried by unanimous vote. VIII NEW BUSINESS City Manager Jones advised he had two items of litigation to discuss in closed session. -5- Council Minutes February 15, 1983 XIV ORAL CONMUNI CATIONS None XV RECESS X.,-;8431 At the hour of 11:35 o'clock p.m., the Council recessed to the Mayor's Office for a closed session to discuss litigation matters. At the hour of 11:55 o'clock p.m., the Council reconvened, all members being present and answering roll call. XVI ADJOURN1,1ENT ::o other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned, the hour of adjournment being 12:00 midnight. APPROVED William D' Mayor Respectfully submitted, ra��� Valerie A. Burrowes, City Clerk -10- Council Minutes February 15, 1983