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1985 FEB 05 CC MIN�6470 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL February 5, 1985 I CALL TO ORDER The E1 Segundo City Council convened in regular session on Tuesday, February 5, 1985 at 7:00 o'clock p.m., in the Council Chamber of the E1 Segundo City Hall. II PLEDGE OF ALLEGIANCE THE PLEDGE OF ALLEGIANCE was led by Mr. Herbert Walsleben. III INVOCATION THE INVOCATION was delivered by Father Richard Duval of St. Michael's Episcopal Church. IV ROLL CALL Present: Councilmembers Jacobson, Schuldt, Siadek, Synadinos and Mayor Armstrong Absent: Councilmembers None V PRESENTATION A. Presentation of donated Video Equipment to the Fire Department from the E1 Segundo Moose Lodge. Mr. Robert Killen made the presentation to Chief Robert W. Marsh, Department Training Officer, accepted on behalf of the Department Mr. Harry Shaw, Governor, Loyal Order of Moose, informed Council that his lodge receives pleasure from the performance of civic duties and that this year the E1 Segundo Fire Department was chosen as the recipient of this action. VI SPECIAL ORDER OF BUSINESS A. Report on Hydrocarbon Gas Migration at Franklin Avenue and Arena Street City Manager Jones reported that the City has a storm drain pump station under construction near the intersection of Arena Street and Frankin Avenue where construction has been temporarily suspended because of the discovery of hydrocarbon gases in the drilling for pilings which were part of the construction process. These gases were discovered last April and found to be caused by a pool of liquid hydrocarbon located on ground water, 70 feet below the surface. Chevron USA proposes conducting a comprehensive study to determine the specific location and the size of the liquid pool and the extent of the gas migration that has resulted. X6471 VI SPECIAL ORDER OF BUSINESS (Continued) The City Council employed BCL Associates, Inc., who drilled a number of test wells in the vicinity of the pump station construction. At this point Chevron became involved and looked into different aspects of the source of the hydrocarbon gases, resulting in a need for a more comprehensive study to determine the specific location; the impact of both liquids and the gases.. The City asked Chevron to perform an immediate investigation to determine if there were any immediate safety or health hazards existing because of the gas problems. Chevron responded by performing a 4 day screening test of the potential gases in the ambient air and shallow soil sections of the Arena and Franklin areas;two control areas on the north side of the residential sections of the community. The screening tests were supervised by BCL, the City's consultants and performed by the Radian Corporation, Chevron's consultants. No evidence was found of any safety or immediate health problems. Further, the Radian Corporation has conducted an internal test in 47 structures within the area of the pool and within a 1,000 foot radius within the area that is suspected of the pool being located. Staff has received a summary report of that test and submitted it to the City's consultants BCL for their review and they informed that based on the data submitted, no readings were found that indicated an existence of any immediate health or safety threats within the tested structures. The tests will be continued through the proposal that Chevron is going to make to the Council on an expanded basis. Further tests will be submitted to Council at a later date. Staff informed all state, county and regional agencies that have specific enforcement responsibilities for air and water quality in this region, of our present situation. There are four primary agencies that have immediate enforcement responsibility regarding this issue. City Manager Jones informed Council of members in the audience representing the various agencies. They are listed as follows: California Regional Water Quality Control Board (lead agency with primary legal responsibility for quality of ground water matters) Represented by: Raymond K. Delacourt, P.E. Los Angeles County Health Department ( City's contract agency for environmental health enforcement matters) Represented by: J. M. Ochoa, R.S. California Department of Health Services (Overall authority in health enforcement matters in the enforcement of state health laws) Represented by: Riccardo Notini Regional Air Quality Management District (Responsibility for any problems that are air borne hazards). Represented by: Eugene L. Fisher C. David Zeiger 2 - Council Minutes � 64710.14 VI SPECIAL ORDER OF BUSINESS (Continued) Chris Mehlum, General Manager of the Chevron Refinery, introduced two of his associates, Mr. Norm LeRoy, Environmental Affairs and Mr. Rudy Von Berg, Toxicologist. Mr. Mehlum stated that Chevron's staff, public agencies and expert consultants have done a lot of studies and investigations and concluded that there's no danger to health and safety in the homes and workplaces in E1 Segundo. Further, this information was made available to the governmental agencies whose responsibility is to protect public safety and health. Added, Chevron is committed to use every practical resource at its command to investigate and understand this problem. If Chevron is the cause of the problem they will mitigate any impacts and inconvenience to the city residents. Norm LeRoy, Manager of Environmental Affairs, Chevron, presented a series of vu- graphs that related to the subject issue and illustrated the following: no existence of hydrocarbon pools on the refinery property, a vapor survey, a vapor exposure guidelines graph, and a vapor survey result graph that indicated the non - existence of unhealthful air in E1 Segundo. Mr. LeRoy concluded his presentation stating, Chevron has received regulatory approval and is proposing a plan to immediately drill 7 water wells, drill 35 gas wells, install 6 ambient air monitoring stations in the City of El Segundo and continuance of the structure survey. These actions will determine the location and extent of the liquid pool, the boundaries and concentration of the vapor plume, if there's any safety concerns from vapor evolution that affect the air breathed; whether there's any possibility of safety hazards of hydrocarbons that could enter a building, accumulate, and cause a potential fire situation. This will be accomplished in two months. J. M. Ochoa, Los Angeles County Health Services, stated that his concern was his agency had not had the opportunity to thoroughly review the plan or the latest findings and therefore was unable to comment on it. Discussion of Mr. Ochoa's statement resulted in Council requesting that Mr. Ochoa present his agency's comments relating to Chevron's proposed plan by Thursday, February 7, 1985. Riccardo Notini, California Department of Health Services, reported that his agency had started to review the latest proposal of Chevron's plan. The review of the plan has not been completed but the agency feels it is a good plan and Chevron should proceed. C. David Zeiger, South Coast Air Quality Management District, Hazardous Materials Unit, reported his agency had not completed the review of the proposal however, on the surface it appears adequate. This agency is responsible and interested in the fact that there is no releasing of intoxicant contaminants. - 3 - Council Minutes February 5, 1985 VI SPECIAL ORDER OF BUSINESS (Continued) Raymond K. Delacourt, California Regional Water Quality Control Board, stated his concern related to a ground water pollution problem in the City of E1 Segundo. ORAL COMMUNICATIONS Gerhart Van Drie, 724 West Pine Avenue, requested a detailed report of the construction events occurring in April of 1984, upon discovery of hydrocarbon vapors. City Manager Jones responded restating the details from the early stages of construction of the new storm water pump station to the present. Dennis Martin, 836 East Grand Avenue, related his personal experience regarding inhalation of hydrocarbon type vapors, in the form of fumes from an industrial insecticide. Mr. Martin suggested that when measuring tests are being performed, the time of day and year should be noted. At this point, City Manager Jones stated that the City has established a central office for receiving input from persons who are concerned about their personal situation and those who wish to request inspections. Pattie Paynter, 920 Dune, posed questions concerning the potential explosive nature of the hydrocarbon vapors. Mr. LeRoy responded stating that explosibility can occur when the hydrocarbons reach a level of 10,000 ppm or higher. Further, there is no possibility of having an underground explosion. Studies performed showed a level of vapors at 30 ppm. The contractors doing the drilling are experts and there is no hazard to the public. Don Fernandez, 769 36th Street, Manhattan Beach, questioned as to whether the clay layer on top of the sand was keeping the hydrocarbon fumes from rising, and if so is pumping of ground water the best way to proceed. Mr. LeRoy responded stating that hydrocarbons can move through sandy soil, but that the top 15 feet of soil in the City does perform a barrier against migration of the hydrocarbons. Further, the way to stop the hydrocarbon vapor migration is to remove the liquids therefore pumping of ground water would be very effective. Ruby Fetterhof, 219 Virginia Street, asked what was the extent of the west pool location and whether it contributes to the vapor plume. Mr. LeRoy stated that the pool exists along the property where the Southern California Edison Plant and the Department of Water and Power Plant is located. Only these pl "ants are affected by the west pool. == Council Minutes February 5, 1985 X6473 X 64714 VI SPECIAL ORDER OF BUSINESS (Continued) Mayor Armstrong stated that any motion made should include, or at least consider, 1) the extent of the migration of the problem, 2) determine the source of the problem,, 3) control the source of the problem to the point of extinction, and 4) accomplish these items with no outlay of funding from the City of E1 Segundo. Thereafter, the following motion was made: Councilman Siadek MOVED, Councilman Schuldt SECONDED, that the proposal submitted by Chevron be approved with the condition that the County Health Agency agrees that the proposal poses no threat to the health of the citizens in the area; AND, approval includes the conditions that various City Departments have included in their permits issued for this work; AND, that the following actions be approved: 1. Council should direct that Chevron be put on formal notice to resolve the problem of the gas migration at their cost;staff should be directed to maintain records of all costs incurred so that these may be billed to Chervon. 2. Close liaison should be maintained with State and County Health Agencies to insure that all health and safety interests of persons in the area are protected. 3. BCL should be authorized to continue their efforts until such time as a formal proposal can be submitted to the Council for approval. 4. Council should direct staff to review City Codes to determine if there are any changes appropriate in light of gas migratiion problems. 5. Demand should be made of Chevron to provide all pertinent background and other information needed by BCL and the City for monitoring and enforcement activities. 6. That Chevron respond adequately to BCL's suggestions on the proposed work plans for drilling. The motion was carried unanimously. RECESS At the hour of 9:22 o'clock p.m., the Mayor declared a 10 minute recess. At the hour of 9:39 o'clock p.m., the Council reconvened, all members being present and answering roll call. VII REPORTS OF COMMITTEES A. Request for establishing a time and date for interviewing applicants for the vacancy on the Planning Commission The Council agreed to interview applicants for the Planning Commission on Monday, February 11, 1985 and Tuesday, February 12, 1985. 5 - Council Minutes February 5, 1985 VII REPORTS OF COMMITTEES (Continued) B. Request for establishing a time and date for interviewing applicants for the vacancy on the Community Cable Advisory Committee Applicants will be interviewed on Monday, February 11, 1985 and Tuesday, February 12, 1985. C. South Bay Community Transit Guide Councilman Jacobson MOVED, Councilman Schuldt SECONDED, that the South Bay Community Transit Guide be approved. The motion was carried unanimously. VIII ORAL COMMUNICATIONS - None IX CONSENT CALENDAR Request was made to withdraw items D. and G. from the Consent Calendar for individual discussion. Thereafter, motion was made as follows: Councilwoman Synadinos MOVED, Councilman Jacobson SECONDED, that the balance of items be approved as recommended. The motion was carried uunanimously. A. Warrant Nos. 86143 - 86308 on Demand Register Summary No. 13 in total amount of $787,120.84 ... Ratified and Approved. B. Warrant Nos. 86309 - 86468 on Demand Register Summary No. 14 in the total amount of $954,298.87 ... Ratified and Approved. C. Expense Check Nos. 4661 - 4693 on Expense Register No. 13 in total amount of $11,618.68 ... Ratified and Approved. E. Minutes of the Board of Examiners and Appeals Meeting of January 15, 1985 ... Approved as Corrected. F. Claim of Isabel Luna (Heir of Rafael Luna) vs City of El Segundo; presented to the City on October 31, 1984 ... Claim Denied. H. Request for an extension of a 2 unit temporary trailer complex located at 324 W. E1 Segundo Blvd., Refinery Coordinates 10 -J. Original permit was issued 1 -24 -84 and expired 1- 23 -85. The extension will be through 1 -23 -86 ... Extension Granted. I. New State Law regarding Investment Procedures and Guidelines ... Received, Approved and Filed. Council Minutes February 5, 1985 X647.:5 X6476 X CALL ITEMS FROM CONSENT CALENDAR D. Minutes of the Regular City Council Meeting of January 15, 1985 Councilwoman Synadinos requested that these minutes accurately reflect the Council's position regarding the Tax Override Pension Costs. The Council is in favor of the continuance of the moratorium. Mayor Armstrong requested that these minutes accurately reflect the Council's request regarding the Hyperion Treatment Plant. The request made was that legal action be explored concerning this issue. Councilwoman Synadinos MOVED, Councilman Jacobson SECONDED, that the minutes be approved as corrected. The motion was unanimously carried. G. Request from the E1 Segundo Chamber of Commerce for permission to close Richmond Street between Grand Avenue and E1 Segundo Boulevard for the Richmond Street Fair, on Saturday, May 18, 1985 between the hours of 9:00 a.m. and 5:00 p.m. Councilwoman Synadinos requested clarification of the term "Group License" and requested that it be specified, that all vendors have a resale tax number. Councilwoman Synadinos MOVED, Councilman Siadek SECONDED, that the request be granted; that all vendors have a resale tax number. The motion was unanimously carried. XI WRITTEN COMMUNICATION The City Council received correspondence from the Karas Family regarding the hydrocarbon vapor issue. The Mayor ordered the correspondence filed. XII REPORTS OF OFFICERS A. City Manager 1. Report on the City's possible participation in the Joint Film Permit Center City Manager Jones reported that the City had been requested by the Southern California Association of Governments to consider participating in a central permit office for the issuance of permits for movie filming. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the City Council not consider participation at this time and if requested by SCAG at a later date re- evaluate the City's position at that time. The motion was unanimously carried. 2. Presentation of draft of the Community Donations Catalog Assistant City Manager Northcraft reported that staff is suggesting that 10,000 copies of this catalog be printed, when finalized, for distri- bution to all postal customers in E1 Segundo. - 7 - Council Minutes February 5, 1985 XII REPORTS OF OFFICERS (Continued) The cost to the City with some typesetting and printing being donated would be approximately $1,500. Councilwoman Synadinos requested that distribution of the catalog be coordinated with the City's budget sessions. Councilman Siadek suggested that an acknowledgement page be included in the catalog of all donors, with a letter of thanks signed by all the Council. Councilwoman Synadinos MOVED, Councilman Siadek SECONDED, that the concept of a Community Donations Catalog and the necessary funds for publication of catalog be approved. AND, that it be coordinated with the City's budget sessions; AND, that an acknowledgement page be included in the catalog. The motion was unanimously carried. 3. Presentation of the Program Statement for Downtown Revitalization Project Assistant City Manager Northcraft reported that the City began this program last year with the Chamber of Commerce. Since the beginning of the year, staff has been meeting with business representatives every other week. These meetings resulted in the publication of a Program Statement which outlines the interest of staff and the business representatives concerning the Downtown Revitalization Project. The Program Statement was presented to Council for its review and comments. Mayor Armstrong asked if this project would be directed by the Planning Department. Assistant City Manager Northcraft described the project as being a cross - departmental function. However, the effort is being led jointly by the Planning Department and the City Manager's Office. Assistant City Manager Northcraft stated that the intent of the Program Statement is to circulate and gather support of the Downtown Revitalization Project from a wide group of business representatives. Further, there will be a meeting tomorrow at 1:30 p.m. at City Hall in the West Conference Room for all interested parties. Council mutually agreed that they were in support of this project. Council Minutes February 5, 1985 X6477 X 6478 XII REPORTS OF OFFICERS (Continued) B. City Attorney 1. Introduction of an Ordinance of the City Council, Amending Title 5 (Business Regulations and Licensing of the E1 Segundo Municipal Code Relating to Chapter 5.20 (Auctions and Closinq -Out Sales) City Attorney Dolley presented subject ordinance, Relating to Chapter 5.20 (Auctions and Closing -Out Sales), entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 (BUSINESS REGULATIONS ANDD LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CHAPTER 5.20 (AUCTIONS AND CLOSING -OUT SALES). which title was read. Upon motion duly made and unanimously carried, further reading of the ordinance was waived. Thereafter, said ordinance was introduced by Councilman Siadek. Thereafter, Councilman Siadek MOVED, Mayor Armstrong SECONDED, that said ordinance be adopted. The motion was carried unanimously. 2. Introduction of an Ordinance of the City Council, Amending Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code Relating to Chapter 5.46 (Bingo Game for Charitable Purposes City Attorney Dolley presented subject ordinance, relating to Chapter 5.46 (Bingo Game for Charitable Purposes, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CHAPTER 5.46 (BINGO GAMES FOR CHARITABLE PURPOSES). which title was read. Upon motion duly made and unanimously carried, further reading of the ordinance was waived. Thereafter, said ordinance was introduced by Councilman Siadek. Thereafter, Councilman Siadek MOVED, Mayor Armstrong SECONDED, that said ordinance be adopted. The motion was carried unanimously. Council Minutes February 5, 1985 XII REPORTS OF OFFICERS (Continued) C. Public Works 1. Recommendation to Approve Plan andd Specifications and to Authorize Staff to advertise for Bids regarding the Furnishing and Application of Slurry Seal on Various Streets (in the Northeast Quadrant) - Project PW 85 -1 Director of Public Works Glickman presented a recommendation regarding the annual surface treatment program for pavement within the Northeast Quadrant of the community. Thereafter, the following motion was made. Councilwoman Synadinos MOVED, Councilman Jacobson SECONDED, that the plans and specifications be approved; and staff be authorized to advertise for bids for the application of slurry seal to those streets and alleys shown on the map. Bids would be received March 5, 1985. The motion was carried unanimously. XIII UNFINISHED BUSINESS Mayor Armstrong questioned staff concerning the status of opening the triangular lot and using it for City employee parking. City Manager Jones stated that it was presently being investigated and would return to Council with a report. XIV NEW BUSINESS Councilman Siadek stated that he was in the process of writing a memo to Staff requesting that they examine the feasibility of having a single source to perform the service of waste disposal, as opposed to having several contractors, as is the present case. XV ORAL COMMUNICATIONS Dave Jones, 438 Maryland Street, questioned Mayor Armstrong as to whether he had addressed the issue of the Velvet Turtle, as was indicated in an earlier meeting. Mayor Armstrong responded that approximately 5 weeks ago, the Velvet Turtle did request the paperwork to apply for a variance. However, to date, there has been no other communication. XVI ADJOURNMENT At the hour of 10:33 o'clock p.m., in memory of Father Feodor Wilcock, Pastor of St. Andrew's Russian - Byzantine Catholic Church, the Council adjourned to the Mayor's office for a closed session. Government Code - §54956.9 - EMPLOYMENT MATTERS - 10 - Council Minutes February 5, 1985 X6479 X 6480 XVI ADJOURNMENT (Continued) At the hour of 10:55 o'clock p.m., the Council reconvened, all members answering roll call. The meeting adjourned at 11:00 o'clock p.m. to Tuesday, February 12, 1985 at 8:00 o'clock a.m. for the purpose of interviewing applicants for The Planning Commission and The Community Cable Advisory Committee. APPROVED: - 11 - City Clerk