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1984 JUN 19 CC MINMINUTES OE' AN ADJOURNED REGULAR MEETING Or' THE EL SEGUNDO CITY COUNCIL June 19, 1984 I. CALL TO ORDER The E1 Segundo City Council convened in an adjourned regular session on Tuesday, June 19, 1984 at 6:00 p.m., in the Council Chamber of the E1 Segundo City Hall. The Clerk reported that a Notice of Adjournment had been posted as required by law and that an affidavit of posting was in the City Clerk's file. II. THE PLEDGE OF ALLEGIANCE was led by Mayor Armstrong III. ROLL CALL Present: Councilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Absent: Councilman Siadek IV. The Mayor announced that this meeting had been called to discuss salary and benefits negotiations for City personnel of Fire, General employees, and Police and the Council would recess to the Mayor's office in closed session for this purpose. At the hour of 6:50 p.m., the Council reconvened, with the following members present and answering roll call: Present: Counncilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Absent: Councilman Siadek V. ADJOURNMENT No further business appearing to come before the Council at this session, the Mayor declared the meeting ad- journed, the hour of adjournment being 6:55 p.m. Respectfully submitted, , le- -' Valerie A. Surrowes, City Clerk APPROVED: Charles K. Armstrong ayor X 6>51 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL June 19, 1984 I. CALL TO ORDER The El Segundo City Council convened in regular session on Tuesday, June 19, 1984, at 7:00 p.m. in the Council Chamber of the E1 Segundo City Hall. II. THE PLEDGE OF ALLEGIANCE was led by Mr. Ira Avak III. THE INVOCATION was delivered by Father George Palomares of St. Anne's Church. IV. ROLL CALL Present: Councilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Absent: Councilman Siadek V. PRESENTATIONS A. Mayor Armstrong presented a Certificate of Recognition to American Field Service Exchange Student Ms. Maria de Lourdes Wilches, who thanked all E1 Segundo residents for a very enjoyable year; she also encouraged other families to serve as hosts for exchange students in coming years. B. Mayor Armstrong presented a Certificate of Recogni- tion to Ms. Lucia bueno, an exchange student from E1 Segundo's Sister City, Guaymas, Mexico, who expressed her appreciation to all residents. Mayor Armstrong requested that Ms. Hueno deliver a second Certificate of Recognition to Ms. Rosie Amador, also an exchange student from Guaymas, Mexico, who was not present at that time. C. Mayor Armstrong displayed an Olympics flag which had been received from the Coca Cola Company, and expressed his hope that it could be flown from the flag pole in front of City Hall. D. Former Councilmember Marvin Johnson was present to make a second progress report on developments with the I -105 Freeway and light rail system. Mr. Johnson reported that the freeway project is proceeding on schedule. The first connecting link of the freeway will extend from the western terminus in E1 Segundo to the San Diego Freeway; this is in contrast to the original plan which called for completion of this section in 1992. This portion of the freeway, as well as the spur extending into the E1 Segundo Employment Center, will be served by the light rail system. At the conclusion of his progress report, Mr. Johnson expressed his thanks to those organizations, political representatives, and private individuals who supported these developments. At this point, Ms. Rosie Amador entered the meeting and formally received her Certificate of Recogni- tion as a Sister City Exchange Student. Ms. Amador thanked the Sister City Association and the City of E1 Segundo for the opportunity of spending a year studying in the United States. VI. SPECIAL ORDER OF BUSINESS A. Public Hearing on Appeal of Ardeth Mullins, 143 Whiting St., from the decision of the Planning Com- mission, certifying the Negative Declaration of Environmental Impact per Resolution No. 2073, for a proposed six -unit apartment building at 139 Whiting Street Mayor Armstrong announced that this was the time and place heretofore fixed for the subject hearing, and inquired if proper notice of the hearing had been given, to which City Clerk burrowes replied that affidavits of publishing and mailing of the notice were in her file. The Mayor directed that the file become a part of the hearing and then inquired if any written communications had been received, to which Mrs. Burrowes replied that none had been received in her office. The Mayor then called upon Planning Director Romaniello to report on events leading to the current appeal. Mr. Romaniello stated that in March of 1984 the Planning Commission reviewed a request to construct a three - storey, six -unit apartment building at 139 Whiting Street. This request came before the Planninng Commission since it involved construction of more than five units. The Environmental Quality board had found the proposed project to be non - detrimental to the environment except for the amount of parking planned: the Board requested that 1 -1/2 rather than 1 -1/4 spaces per unit be provided, and forwareded this recommendation to the Planning Commission. The Planning Commission then asked the applicant to review the project design and return with a proposal which would take into account the concerns identified by the Environ- mental Quality Board. Applicant chose not to re- design the project, and instead, at the May 10 meeting of the Planning Commission, asserted it was in compliance with Code provisions and requested approval. The Planning Commission then approved the project as originally proposed. The Mayor then asked if there was anyone present in the audience who wished to speak to the issue. Mr. Jeremiah Salvatore of Redondo beach, represent- ing Mrs. Ardeth Mullins, came forward. Mr. Salvatore requested that transcripts of the meeting of the Planning Commission at which this issue was discussed, copies of which he had mailed to Council members prior to the meeting, be made a part of the official record. There was no objection from the -2- Council Minutes June 19, 1984 x. 6 -, 3 auaience or trom the individual representing the owner of the property at 139 Whiting Strret. During his presentation, Mr. Salvatore read portions of the transcript of the April 12 Planning Commission meeting; distributed a table outlining current Code requirements for parking and comparing these with current Planning Commission guidelines and requirements in the proposed new Code section; read an April 20, 1984 letter to the developer from Planning Associate Lynn Harris, in which she set torth the Planning Commission's concern with the number of units as well as the adequacy of the amount of parking proposed; read portions of the transcript of the May 10 Planning Commission meeting; referred to Resolution No. 3184, which sets forth the composition and procedures of the Environmental Quality Board, and which Mr. Salvatore stated was the basis of his client's appeal; read a report of a May 24, 1984 telephone conversation between Associate Planner harris and Mr. Jack Wood, a representative of the owner of the property is question; read from the transcript of the June 14 Planning Commission meeting; referred to the plans for an apartment building at 138 Whiting Street and quoted the following remarks, which he said were written on the permit for that - - "New six -unit apartment building. No EQB review required per Resolution 3184; net gain three (Signed Nicholas Romaniello)." Mr. Salvatore stated that the project at 138 Whiting Street should not have been exempted under Resolution No. 3184, and urged adherence to the two - tier system involving review by both the Environ- mental Quality hoard and the Planning Commission. He asserted that the valid decision regarding the 139 Whiting Street project was made at the April 12 Planning Commission meeting and that reopening of the matter at the second hearing was improper. Mr. Jack Wood, 2U0 Pier Avenue, Hermosa Beach, a re- presentative of the owner of the property at 139 Whiting Street, stated that tollowing the April.12 Planning Commission meeting he and his client did examine the possibility of alternative designs; he then described the difficulties they encountered in including a two- storey structure; the desired amount of parking along with a number of units sufficient to provide the required level of income. Mr. Wood then distributed pictures of the site of the proposed building. He stated that because construction of a three - storey apartment building was permitted across the street, disapproval of this project would amount to prohibiting his client from exercising his legal rights. Mr. Radanovich, 621 Virginia Street, the owner of the property, stated that he bought this parcel nine years ago with the intention of developing it. He said that he is asking only to be permitted "to build to Code and nothing more." -3- Council Minutes June 19, 1984 Mrs. Ardeth Mullins, 143 Whiting Street, the appellant in this case, asserted that there would be a definite negative impact as a result of the proposed apartment building: there would be no sunlight on her property for several months during the year, which would make her house much colder and create dampness. Mr. Tom Brady, a member of the Planning Commission, spoke in tavor of the appeal, stating that in a rapidly evolving city such as E1 Segundo, enforce- ment of code provisions alone is not always sufficient to insure environmental quality. he stated that there are many precedents for Planning Commission alteration of a building proposal without prior identification of inadequacies or difficulties by the Environmental Quality Board. he then presented a diagram illustrating the amount of sunlight which would fall on Mrs. Mullins' property at different times of the year, if the proposed project were to go forward, and asserted that the matter be returned to the Planning Commission, and reiterated his support for Mrs. Mullins' appeal. IT WAS MOVED by Councilwoman Synadinos, SECONDED by Councilman Jacobson, AND CARRIED by the following vote: Ayes: Councilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Noes: Councilmembers None Absent: Councilman Siadek that the public hearing be closed. Councilwoman Synadinos then inquired about the pro- posed six -unit apartment building at 138 Whiting Street. Mr. Romaniello stated that that project was not reviewed by the Environmental Quality Board because it represents a net gain of three units since there are currently three units on site; current code provisions call for review of any project involving four or more units. Discussion followed as to whether code provisions require review of projects involving (1) four or more units, or (2) more than four units. Discussion of this point ended when it was clarified that there is only one legal unit on the 139 Whiting Street lot, and thus the proposed building would amount to an increase of five units. Mr. Dolley then clarified that the question before the Council was whether an environmental impact report for the proposed project was necessary, or whether the Council was in agreement with the negative declaration of the Planning Commission. he then reviewed certain relevant definitions from state Code provisions. Mr. Romaniello then pointed out that the diagram -4- Council Minutes June 19, 1984 X 6 29 ;" "2) .1; G presented by Mr. Brady was drawn by Mr. Salvatore rather than by someone with expertise in preparing such documents. He stated that there would be days on which Mrs. Mullins' house would receive con- siderable sunlight, and reiterated that the En- vironmental Quality Board felt that the decrease in sunlight involved was not sufficient to warrant denial of the application to build. Discussion followed among Councilmembers. Councilwoman Synadinos expressed concern over the adequacy of parking for the proposed apartment building. Mr. Romaniello stated that the issue examined by the Environmental Quality Board and the Planning Commission was the proposed building's impact on light and air, not parking. Mr. Dolley noted that there are no fixed legal rights regarding light and air, although this seems to be the basis for the subject appeal. There was dis- cussion of the advisability of continuing this matter while asking the City Attorney to outline options available. Mr. Wood stated that Council's not taking action would amount to a negative. decision on the proposed building. Following some discussion over whether alternative designs had ever been developed as requestd by the Planning Commission, IT WAS MOVED by Councilwoman Synadinos, SECONDED by Councilman Jacobson, AND CARRIED by the following vote that the public hearing be reopened. Ayes: Councilmembers Jacobson, Schuldt Synadinos, and Mayor Armstrong Noes: Councilmembers Nones Absent: Councilman Siadek Mr. Salvatore stated that his client was unaware of any revised plans for a four -unit building on the subject site. He said that the proposed building would be the first three - storey building on the block; the building across the street at No. 138 is on a grade which effectively reduces the impact of its height. Following additional discusssion, the public hearing was closed by consensus and IT WAS MOVED by Councilman Schuldt, and SECONDED by Mayor Armstrong THAT THE SUBJECT APPEAL BE DENIED. On roll call, the motion was adopted by the following vote: Ayes: Councilmembers Schuldt, Synadinos and Mayor Armstrong Noes: Councilman Jacobson Absent: Councilman Siadek At 9:36 p.m., a 10- minute recess was declared. -5- Council Minutes June 19, 1984 At 9:46 p.m., the Council reconvened. Roll was called with the following members present: Present: Councilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Absent: Councilman Siadek B. Public Hearing on proposed 1984 -85 Annual budget and relationship of Revenue Sharing Funds to the Budget Mayor Armstrong announced that this was the time and place heretofore fixed for the subject hearing, and inquired if proper notice of the hearinng had been given, to which City Clerk Burrowes replied that affidavits of publishing of the notice was in her file. The Mayor directed that the file be- come a part of the hearing and then inquired if any written communications had been received, to which Mrs. Burrowes replied that none had been received in her office. Mr. Northcraft then began the multi- section budget presentation by introducing the proposed Capital Im- provement Program, which covers the five -year period 1984 through 1989. Those capital improve- ment projects proposed for the 1984 -85 fiscal year were included as part of the operating budget. Mr. Northcraft noted that new revenues for capital improvements had been limited by the decline in receipt of sales tax during the two previous years. This has eliminated, at least temporarily, trans- fer of new revenues into the Capital Improvement Fund. The projects recommended for inclusion in this five -year program are funded primarily from available reserve funds or undesignated future revenues. Construction of the recommended projects for 1984 -85 will virtually deplete the reserves in the Capital Improvement Fund. Additional capital construction will, therefore, depend upon the identification of new or increased sources of revenue for capital funding. Mr. Northcraft stated that the total estimated cost of projects recommended for the five -year Capital Improvement Program is $13,046,025. An additional $12,383,400 of projects is listed for construction after 1989 but is not funded in this program. Pro- jects proposed for construction in fiscal 1984 -85 total $6,985,786. There are an additional $2,532,394 in projects which have been budgeted by the Council for construction in preceding years but which are not yet under contract. Supplemental funding to cover inflationary increases in the costs of some of these projects has been included in the estimated costs for the 1984 -85 cycle. Mr. Northcraft referred Councilmembers to a summary of recommended capital projects and revenues available with which to fund them and briefly reviewed this information. :. Council Minutes June 19, 1984 X "' S W x• Finance Dirctor Jose Sanchez then described modifi- cations in the proposed Capital Improvement Program which had been made since the last study session as a reslt of Council direction and staff recommend- ations. Following Mr. Sanchez's presetation, comments and questions were invited from the audience. Mr. Dennis Martin, 836 East Grand Avenue, stated that City Library expansion is a vital necessity, and urged reconsideration of the possibility of funding more comprehensive expansion projects than that called for in the present Project No. PF 83 -2. Following discussion among Councilmembers, it was agreed that staff be directed to examine the possi- bility of fundng Dial -A -Ride programs from Proposi- tion "A" funds. Mr. Northcraft then introduced the preliminary 1984- 85 operating budget. he stated that this budget reflects a deficit in the combined General, Parks and Recreation, and Pension funds. While one -time savings and increased fees and taxes virtually eliminated the 1983 -84 deficit, costs continue to increase along with service demands. Total reserves are projected to decline by $6,617,025, from $23,031,071 to $16,414,046. This decline arises despite efforts to reduce costs, consider- able departmental restraint in requesting funding, and deferral of many needed purchases and capital improvements. Mr. Northcraft reported that total recommended operating budget expenditures, ex- clusive of capital improvement projects, amount to $21,870,757, which is an increase of 2.5 percent over the previous year's operating budget. In- cluding capital improvements, total expenditures are recommended to be $27,82U,643. Mr. Sanchez then reviewed changes made since the last Council study session in estimates of various revenue sources; total general fund revenue is currently estimated to be $14,733,90U for 1984 -85. Mr. Sanchez then reviewed modifications to the various expenditure categories since presentation of the first preliminary budget. In response to a question regarding the amount of the deficit for the current fiscal year, Mr. Northcraft stated that staff were still in the process of estimating total revenues for 1983 -84; the amount of the deficit was not anticipated to be more than $200,000. Mr. Northcraft observed that in order to balance the proposed 1984 -85 budget approximately $900,000 in additional revenue will be required; the corresponding figure for 1983- 84 was $2.5 million. Question was raised as to what portion of the $16 million remaining in the City's contingency fund could be spent discretionarily. It was estimated that probably more than 50% of these funds have specific conditions attached to their use. -7- Council Minutes June 19, 1984 There tollowed a general discussion of expenditure priorities for 1984 -85. Mr. Northcraft then reviewed the supplemental expenditure requests which had been approved by Council during its study sessions; (1) Police Department request for four additional steno chairs ($690); (2) Public Works Department, Engineering Division request for one vertical file cabinet ($3,100); and (3) Public works Department, Sani- tation Division request for automatic monitoring unit for explosive gases ($5,500). At this point, members of the audience were again invited to speak regarding the proposed operating budget. Mrs. Lavonne Jackson, 1005 East Walnut Avenue, addressed the Council regarding the Community Cable portion of the proposed budget. Mrs. Jackson stated that she felt the budget shown did not accurately reflect either the expenditures or the revenue of the Cable TV operation. She stated that there were insufficient data available to permit cost effectiveness calculations. She recommended establishment of a separate accounting system, documentation of revenue and expenditures, and a listing of volunteer resources, and urged that budget decisions regarding the Community Cable Project be deferred until these steps have been taken. IT WAs THEN MOVED by Councilman Jacobson, SECONDED by Councilman Schuldt, AND CARRIED by the following vote the subject public hearing be continued to Tuesday, June 26, 1984 at 7:00 p.m. Ayes: Councilman Jacboson, Schuldt, Synadinos, and Mayor Armstrong Noes: Councilmembers None Absent: Councilman Siadek VII. REPORTS OF COMMITTEES There were no committee reports to be presented. VIII. ORAL COMMUNICATIONS There were no oral communications. IX. CONSENT CALENDAR IT WAS MOVED by Councilwoman Synadinos, SECONDED by Councilman Jacobson, AND CARRIED THAT all items on the Consent Calendar be approved except Item "C ". A. Warrants No.s 83747 - 83909 on Demand Register Summary No. 23 in Total Amount of $932,120.36 RATIFIED AND APPROVED Council Minutes June 19, 1984 i1 ai,l () X 626!1 b. State Alcoholic beverage Control, Application for Off Sale Meer and Wine, New License for Tony's Pizza, 423 Main street RECEIVED AND FILED D. Purchase of IBM Model 60 copymachine for City Hall in amount of X31,124.60 (Council request of June 5, 1984) APPROVED AS PRESENTED E. Recommendation to approve Plans and Specifications and authorization to Advertise for rids for Replace- ment of Curb and Sidewalk Project No. 84 -4 APPROVED AS PRESENTED F. Recommendation to appropriate Gasoline Tax Engineer- ing Funds APPROVED AS PRESENTED G. Recommendation regarding Improvements to Sewer Pump Plant No. 13 APPROVED AS PRESENTED H. Recommendation regarding excess coverage of workers' Compensation APPROVED AS PRESENTED IX. CALL ITEMS FROM THE CONSENT CALENDAR C. State Alcoholic beverage Control, Application for On Sale Beer and Wine Eating Place, Person to Person transfer for Archie's Sandwich Shop, 226 Standard Street It was pointed out that the subject location is in the "CM" zone, and question was raised as to whether Planning Commission review and approval was required. Mr. Northcraft stated that staff had reviewed the application and felt that a condition- al use permit was not required where there was legal non - conforming use. Councilman Jacobson recommended that there be additional review since sale of alcoholic beverages is not a right of this zone. Discussion followed regarding whether there should be a "grandfathering" of transfers involving non - conforming uses. IT WAS MOVED by Councilman Jacobson, SECONDED by Councilwoman Synadinos, that staff be directed to change current policy to require a conditional use permit where there is legal non - conforming use, and to receive and file the subject application. The vote was as followed: Ayes: Councilmembers Jacobson, Schuldt, Synadinos and Mayor Armstrong Noes: Councilmembers None -9- Council Minutes June 19, 1984 X. XI. Absent: Councilman Siadek WRITTEN COMMUNICATIONS There were no written communications. REPORTS OF OFFICERS A. City Manager 1. Mr. Northcraft reported that an E1 Segundo firm had indicated its willingness to donate the cost of flowers to be arranged on a hill- side to spell out the greeting, "Welcome to Los Angeles Olympics." The only cost to the City would be watering required to maintain the flowers. It was agreed that this dona- tion should be accepted, and that an unob- trusive sign indicating the name of the donor firm would also be acceptable. b. City Attorney 1. Consideration of resolution providing guide- lines for the processing of development agree- ments to him prior to the next meeting of the Council. C. Director of Public Works 1. Report and recommendation regarding increase in purchase cost of water Mr. Glickman reported that as of July 1, 1984, water furnished by the West Basin Muni- cipal water District to the City for domestic and municipal purposes will increase $4.00 per acre foot, from $226 to $230. No in- crease in present water rates is becoming recommended. There is currently ome reserve in this account, and staff is in the process of studying the water rate structure. A further report on this issue will be made to the Council within the next few months. 2. Recommendation regarding various matters per- taining to Sewer Assessment District No. 13 and appropriation of funas Mr. Glickman reported that a meeting had been held that evening with some of the property owners involved in the proposed Sewer Assess- ment Disstrict No. 13. he stated that more definitive information would be available at the next meeting of the Council, and request- ed item be continued for discussion at that time. Mr. Glickman then introduced Mr. Pickhart of Robert Bein, William Frost & Associates, the City's engineering consultant on this project. Noting the lateness of the hour, Mayor Armstrong requested that presentations in- -10- Council Minutes June 19, 1984 X tiN b volving outside consultants be scheduled for early portions of Council meeting so as to minimize any inconvenience to these indivi- duals. Mr. Pickhart reported that there have been meetings with property owners and with lessees, since the terms of some leases provide that costs of such an aassessment district be passed on to tenants. Up to this point, no one has taken a position in oppo- sition to formation of the district. As a result of these meetings with property owners, Mr. Pickhart said he has developed a brochure which presents the costs associated with the district; annexation costs of ,S130,000 and connection fees of $950,000, for a total cost of $1,08U,ODU. Some companies, e.g., Computer Science, will be issuing corporate checks for their share of the costs rather than entering into reimburse- ment agreements with the City. For those individuals and companies who choose to borrow funds from the City, the period of the loans will extend until June 30, 1985; interest will be charged at the rate of 12 %; promissory notes and trust deeds will be required. Councilwoman Synadinos questioned the year- long period of the loans. Mr. Pickhart stated that the district should actually be formed in December, and the original time schedule called for loan periods to extend for six months thereafter. Thus, a loan period ending June 30, 1985 coincides with the time schedule originally planned. It was decided that this subject would be continued until June 26, 1984. XII. UNFINISHED BUSINESS There was no unfinished business to come before the meeting. XIII. NEW BUSINESS There was no new business to come before the meeting. XIV. ORAL COMMUNICATIONS There was no oral communications. XV. CLOSED SESSION At 11:56 p.m., the Council recessed into closed session. At 12:40 a.m., the Council reconvened with the following members answering roll call: -11- Council Minutes June 19, 1984 Present: Councilmembers Jacobson, Schulat, Synadinos, and Mayor Armstrong Absent: Councilman Siadek XVI. ADJOURNMENT There being no turther business to come before the Council, at 12:42 a.m., IT WAS MOVED, SECONDED AND CARRIED THAT the meeting be adjourned in memory of Mrs. Bernice Lyman, who served as Secretary in the Building Department and was a long -time resident of the City. The meeting was adjourned until June 26, 1984, at 7:00 p.m. APPROVED: Respectfully submitted, Valerie A. Burrowes, City Clerk -12- Council Minutes June 19, 1984