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1985 NOV 05 CC MIN - 8MINUTES OF THE REGULAR MEETING OF THE EL SEG(TNDO CITY COUNCIL NOVEMBER 5, 1985 CALL TO ORDER was made by Mayor Armstrong at 7:00 P.M., Tuesday, November 5, 1985 in the Council Chambers of the E1 Segundo City Hall. PLEDGE OF ALLEGIANCE was led by Wayne Neustrom. INVOCATION was given by City Clerk Ron Hart. PRESENTATIONS 1. Mayor Pro Tem Synadinos presented a Proclamation declaring November 11 -15, 1985 as "Youth Appreciation Week" to Vince Austin, President, Optimist Club. 2. Mayor Armstrong recognized Lorna Bush as City Employee of the Month. 3. Councilman Jacobson presented a Proclamation to Mr. Henry Schoermeier upon his completion of Collection System Maintenance - Grade IV. 4. Councilman Jack Siadek presented a Proclamation declaring November 17 -23, 1985 as "1736 Projects Week" to Lance Widman and a check for $1,000.00. 5. Capt. Ray Lewis reminded citizens that Neighborhood Watch is indeed a worthwhile.idea. 6. Benjamin Polecheck and Courtney Carlson asked Council for sugqestions and support on raising $6,000 for the track team to attend the International Sports Exchange in Taiwan. ROLL CALL was taken by City Clerk Hart: Councilman Jacobson - present Councilman Schuldt - present Councilman Siadek - present Mayor Pro Tem Synadinos - present Mayor Armstrong - present MINUTES 1. Minutes of the Reqular City Council Meeting of October 15, 1985 were approved as oorrected. SPECIAL ORDER OF BUSINESS 1. PUBLIC HEARING -On Proposed Amendments to the E1 Segundo Municipal Code Relating to a Transportation Systems Management Ordinance. The Proposed Ordinance includes requirements for major new development projects, as well as for companies with 200 or more employees to provide certain measures to promote employee participation in ridesharing, transit pedestrian, and bicycle commuting as alternatives to single occupant motor vehicle trips. Mayor Armstrong announced that this was the time and place heretofore fixed for the hearing on the Proposed Amendments to the E1 Segundo Municipal Code Relating to a Transportation Systems Management Ordinance. Mayor Armstrong asked the City Clerk if the proper notice had been given. City Clerk Hart stated that proper notice was published. Mayor Armstrong stated that those files would be part of the hearing. �(fi fi " 1 City Clerk acknowledged receipt of letters from the E1 Segundo Employers Association, TRW and Continental Development Corporation. Director of Planning Lynn Harris presented background information and emphasized the need to reduce peak hour traffic. Council questioned whether new staff would have to be added, the number of employees and floor space and implementation of the TSM plans. Ms. Harris responded that the 200 employees was the standard which had been chosen after careful research with ccxmparable cities. She also made reference to the capacity of the zones in the areas. Mayor Armstrong opened the public hearing. Don Camph, Executive Director, El Segundo Employers Association, stated ,that a mandatory TSM was not necessary, especially since many of the larger employers were already assisting in this effort and he thought this was probably aimed at getting mid -sized employers to comply but that there were other areas necessary to investigate. Mr. Camph stated that he hoped Council would discuss fees before approving the ordinance. Oscar Robison, 311 W. Acacia, El Segundo, questioned how enforcement of the TSM Ordinance would be handled and how it would reduce parking. Bruce Roberts, Commuter Transportation, Hughes Aircraft, stated that Hughes had some concerns regarding the TSM and that he agreed with Don Camph on his philosophy. He asked that Council look at 200 employees vs. 700 employees, that Hughes as a Developer /Employer did already designate 15% for preferential parking (but indicated that 8 -10% was more realistic) that in the ordinance the wording "daytime" be added to the average vehicle ridership, and under incentives that an alternative be looked at other than parking reductions. Jerry Saunders, Continental Development Corporation, 2041 Rosecrans, El Segundo, supported ESEA's position and urged Council to consider the technical changes mentioned by Hughes. He also stated that on -site amenities should be optional, that the ordinance set guidelines for employers on how to achieve the 20 %, and that the fees be discussed before approval. Councilman Jacobson MOVED, Councilman Siadek SECONDED that the public hearing be closed. Motion carried by unanimous voice vote. Council discussion ensued regarding adding the word "daytime ", the definition of "daytime" and flexibility in the ordinance. It was the consensus of Council that the word "daytime" be added and that it be defined as the hours fram 6:00 A.M. - 9:00 A.M. Councilman Siadek discussed section 20.40 pointing out that the percentage could be reduced to 10 %. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the ordinance be introduced with the addition of the "daytime" definition, and to waive further reading. Motion carrier] by a unanimous voice vote. City Attorney Dolley read the Ordinance: -2- Council Minutes November 5, 1985 >X,he f►F) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CHAPTER 20.08 (DEFINITIONS); CHAPTER 20.54 (ON -SITE PARKING AND LOADING); AND ADDING CHAPTERS 20.55 (DEVELOPER TRANSPORTATION SYSTEMS MANAGE- MENT) AND 20.56 (EMPLOYER/OCCUPANT TRANSPORTATION SYSTEMS MANAGE- MENT) CERTIFICATION OF NEGATIVE DECLARATION. which title was read. Council recessed at 9:03 P.M. Council reconvened at 9:10 P.M. Roll call was taken by City Clerk Hart: Councilman Jacobson - present Councilman Schuldt - present Councilman Siadek - present Mayor Pro Tem Synadinos - present Mayor Armstronq - present UNFINISHED BUSINESS 1. Second Reading of an Ordinance, Introduced by Mayor Pro Tem Synadinos, Amending the "E1 Segundo Municipal Code" by Adding Chapter 10.20 Establishinq Preferential Parkinq Zone Leqislative Authority. City Attorney .volley read the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 10.29 ESTABLISHING PREFERENTIAL PARKING ZONE LEGISLATIVE AUTHORITY which title was read. Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED, to waive further readinq. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Synadinos and Mayor Armstrong Noes: ~lone Abstain: Councilman Schuldt Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED, to approve the Ordinance. Notion carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos, and Mayor Armstrong Noes: Councilman Siadek Abstain: Councilman Schuldt REPORTS OF COMMITTEES, COMMISSION, AND BOARDS 1. Report of the Planninq Commission on the Matter of a Parking Need Assessment for the Hometel (Embassy Suites) Project, 1440 E. Imperial Highway. Due to possible litigation it was the consensus of Council that this matter be Received and Filed and discussed in Closed Session. -3- Council Minutes November 5, 1985 X titih PUBLIC COMIUMICATIONS - WRITTEN - None PUBLIC CON4i1NICATIONS - ORAL At this time Councilman Siadek left the bench (9:17 P.M.) and was seated in the audience. William Brunsten, Attorney, Manatt, Phelleps, Rothenberg, Tunney and Phillips, 11355 W. Olympic, Los Anqeles, representinq Hometel. The Planning Commission has spent many sessions of careful deliberation about what they believed the parking requirements for the Hotel should have been and this misses the issue before the Council- what's legally required in terns of parking and what legally the Council can do with respect to the parking situation at the Hotel. Council's required to treat this property owner like any other property owner - fairly, which means when they issued a building permit to the property owner in December, 1981 -the December, 1981 parking requirements are the parking requirements that govern. All the calculations that are made in the Resolution to the Planning Commission legally doesn't have any impact. The legal requirement was established by the Code in 1981. When the plans and specs for the Hotel were approved in November 22, 1984 the City determined that 1981 Code required 364 parking spaces for the Hotel and the Hotel has supplied more than 364 parking spaces. He noted in the Planning Commission's report that they say the Hotel is slightly shy of 364 spaces because the Commission doesn't count 12 compact cars, but in the 1981 Code compact cars could count for 20% of the parking requirement and those 12 compact stalls are far short of the 20 %, so when added to the 364 standard size stalls, the Hotel meets the requirements. When asking a property owner like the Hotel to go through the procedure that all other property owners go through, apply for a building permit, submit plans, go through Plan Checking, work with the Building and Safety Department, work with the Planning Department and establish a parking requirement of 364 stalls, you can't four or five years later unilaterally reaccess the parking requirements. The December, 1981 code is what governs. For a citation, look at Section 20.540, 20.060 parking code with respect to the compact stalls. The second point worth addressinq in the Planning Commission report is that Summary Assessment of the Parking Requirements may be in order because there has been a change in use of meeting roans to banquet rooms. Meeting rooms are designated on the plans of the Hotel is not a term of art, was always intended that there would be food service in those meeting rooms - the term meeting roan is not used in the 1981 Code or in the Parking code. The first time the meeting room comes into the code was passed about a year or so ago. The point is that when the Hotel was being proposed, the representatives of the property owner took the opportunity to have people from the City qo and take a look at how Granada Royal's hotel operations and other sites, and saw what goes on and like any 300 plus roan hotel, they have meeting rooms and people who are there for all business expect they are going to be there for lunch in their meeting roam. So the conclusion of the Planning Commission that it was never intended that there were going to be food service in connection with the meeting roan doesn't comport with common sense, doesn't comport with what was demonstrated and what's more, copies of the September 13, 1983, memorandum from Mr. Romaniello, who was Director of Planning at the time - acknowledging that the restaurant is designed to serve guests of a 350 roam hotel plus hotel banquet facilities. So while the Planning Commission spent a lot time saying that there was a change of use in the meeting rooms to banquet rooms - it was well known to the City in September, 1983, that those were always going to be banquet roams and there was going to be food service there. The next point, even if the Planning Commission wants to say that banquet roans are somehow different than meeting rooms, the best test that there shouldn't be any additional parking required for a banquet room as opposed to a meeting roam canes from your current parking code - a ratio that applies for places of public assembly including meeting rooms and banquet roams. So whether its a meeting room or banquet room - you apply the same standard. So you can't apply the 1985 standard, you've got to apply the 1981 standard. The final point is that change in use is somewhat misplaced, because what the Council needs to do is take a careful look at the parking code - in the parking code it says a reassessment with respect to any particular area is only triggered if that particular area of the business is either enlarged or increased in capacity. So change in use is jargon but the actual words of the code are enlarged or increased capacity. -4- Council Minutes November 5, 1985 Oscar Robison, 311 W. Acacia, E1 Segundo, stated his disapproval of the dismissal of Mr. Dalqleish and asked what is meant by philosophical differences. At 9:27 P.M. Councilman Siadek returned to the bench. CONSENT AGENDA Councilman Schuldt requested that Item 6 be withdrawn. Councilman Jacobson requested that Item 7 be withdrawn. Councilman Siadek requested that Iten 10 be withdrawn. Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED, that the remaininq items listed on the Consent Agenda he approved. Motion carried by unanimous voice vote. 1. Warrant Nos. 9237 -9558 on Demand Register Summary No. 8 in total amount of $1,235,549.47 Ratified and approved. 2. Warrant Nos. 09565 -09773 on Demand Register Summary No. 9 in total amount of $997,475.70 Ratified and approved. 3. Request for Council Declaration of Surplus Items for the Annual City Auction on December 7, 1985. Items declared surplus and approved for sale at annual City auction. 4. Request Council to Waive the Bidding Procedure for the Purchase of Two Motorcycles for the Police Department. Bidding procedure waived and staff authorized a purchase order to be issued to Redondo Kawasaki, Inc., for $10,924.77 5. Request Council to Award Contract to the Lowest Bidder for Installation and Maintenance on the Silent Alarm System in the Police Department. Contract awarded to Bulldog Signal Alarm. 8. Request Council to Award Contract for Repair of Two 20 Inch Check Valves at Storm Drain Plant No. 17. Contract awarded to Hickman Mechanical, Inc., PW #85 -9. 9. Request Council Implementation of Memorandum of Understandinq With the Teamsters, on behalf of the E1 Segundo Firefighters Association. Resolution adopted implementing the appropriate provisions of the Memorandum of Understanding between the City and the Teamsters, transfer of sufficient funds from the Salary and Benefit Reserve budget account to appropriate line item accounts in the Fire Department approved. CALL ITEMS FROM CONSENT AGENDA 6. Approval of Senior Citizen Housing Corporation By -laws. Council expressed some concerns on the authority entrusted to the Board. Mr. Leonard Crosby, 215 W. Palm, Senior Citizen Housing Board Member, stated that the Board had no objections to Council appointment of Senior Housing Board Members as long as the existing Board had adequate input. Councilman Siadek MOVED, Councilman Jacobson SECONDED that the by -laws be approved. Motion carried by the following vote: -5- Council Minutes November 5, 1985 Ayes: Councilmembers Jacobson, Siadek, Synadinos, and Mayor Armstrong Noes: None Abstain: Councilman Schuldt 7. Approval of Hughes Aircraft Company's request to Install Hughes Ccmmuter Bus System Signs on Public Riqht -of -Way. Council asked that liability wordage be added to this agreement. Councilman Jacobson MOVED, Mayor Armstrong SECONDED, that the installation of signs be approved. Motion carried by unanimous voice vote. 10. Claim of McKinley Dalgleish vs. City of E1 Segundo. Brief Council discussion as to why the matter was denied. City Attorney Dolley indicated that after the claims insurance firm assess the matter, it is standard procedure to deny claims for damages. Councilman Jacobson MOVED, Mayor Pro Tern Synadinos SECONDED that this matter be denied. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Schuldt, Synadinos, and Mayor Armstrong Noes: None Abstain:. Councilman Siadek NEW BUSINESS - CITY MANAGER 1. Recommendation to Lease City Water Riqhts. Councilman Jacobson MOVED, Councilman Siadek SECONDED, that this matter be approved. Motion carried by unanimous voice vote. 2. Recommendation to Reject Bids for Temporary Facilities Site Improvements for Fire Station No. 1 and Authorize Staff to Issue Purchase Order for Accomplishing Necessary Work. Councilman Jacobson MOVED, Councilman Siadek SECONDED, that this matter be approved. Motion carried by unanimous voice vote. NEW BUSINESS - CITY ATTORNEY - Asked for a Closed Session FURTHER NEW BUSINESS - Council indicated that Monday, November 18, 1985, 1:30 P.M. be set as a Study Session to look at the Capital Improvement Program. GOOD OF THE ORDER -None PUBLIC COMMMICATIONS - ORAL - None CLOSED SESSION Council recessed to Closed Session at 9:54 P.M. Government Code 54956.9(b) Significant Exposure to Litigation Government Code 54956.9(c) Deciding to Initiate Litigation Government Code 54957 Personnel Matters Council Minutes November 5, 1985 X 6613 9 Xki(j7l) Council reconvened in the Council Chambers at 11:48 P.M. Roll call was taken by City Clerk Hart: Councilman Jacobson - present Councilman Schuldt - present Councilman Siadek - absent Mayor Pro Tem Synadinos - present Mayor Armstrong - present Mayor Armstrong announced that no decisions had been made in Closed Session. Councilman Jacobson MOVED, Mayor Pro Tem Synadinos SECONDED to approve the Recommended Management and Confidential Employee Compensation Adjustments. Motion carried by a unanimous voice vote by all Council with the exception of Councilman Siadek who was not present. AWOURMWNT - No other business appearing to cone before the Council at this session, the meeting was adjourned at 11:55 P.M. until November 18, 1985 at 1:30 P.M. Council adjourned in memory of: 41AA . - ' C�Jk AXV� axl e_ trong , [ Jacoba Van Leeuwen, aqe 88, a 24 year resident of E1 Seq ndo. aA onald L. Hart City Clerk -7- Council Minutes November 5, 1985