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1985 OCT 15 CC MINtic MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL OCTOBER 15, 1985 f"ALL TO ORDER by Mayor Armstrong at 7:00 P.M., Tuesday, October 15, .995, in the Council Chambers of the E1 Segundo City Hall. THE PLEDCH OF ALLEGIANCE was led by Ms. JoAnn Lombardo of the Planning Department. INVOCATION was given by Father Duval, St. Michael's Episcopal Church. PRESENTATIONS 1. Councilman Jacobson presented a Proclamation declaring October 19, 1985 as Community Appreciation Day to Jerry Bushrow, Director of El Segundo Education Foundation. ?, Mayor Pro Tem Synadinos presented a Proclamation declaring October 15, 1985 as White Cane Safety Day to Mark Pritchard, Member of the National Federation of the Blind and President of South Bay -Long Beach Chapter of Retinitis Pigmentosa. 3. ' ".ayor Armstrong presented a Proclamation declaring October 20 -26, 1985 as Business Women's Week to President Eileen Hunter, E1 Segundo Business h Professional Women's Organization. 4. Fire Chief Larry Sheldon gave an update to Council on the fires in the various areas surrounding Los Angeles and stated that the City had an engine company participating with the County. Chief Sheldon also stated that this was a reciprocal agreement with the County of Los Angeles. --ALL CALL was taken by City Clerk Hart: Councilman Jacobson - present Councilman Schuldt - absent Councilman Siadek - present Mayor Pro Tem Synadinos - present Mayor Armstrong - present 31NUTE S 1. Ainutes of the Regular City Council Meeting of October 1, 1985 ,nproved as corrected. 2. t1irutes of the Adjourned Regular City Council Meeting of October 2, 198` approved as written. SPIRCIAL ORDER OF BUSINESS 1. PUBLIC HEARING - on the appeal of Crocker National Bank from the Auguq °l, 22, 1985, decision of the City Planning Commission, denying request for certification of an Environmental Impact Report and approval of Unclassified Use Permit No. 84 -2 /EA -046, for a proposed helistop located at 2121 East Park Place in the C -M Zone. Mayor Armstrong announced that this was the time and place heretofore fixed for the hearing on the appeal of Crocker National Bank from the August 22, 1985, decision of the City Planning Commission, denying requPgt for certification of an Environmental Impact Report and approval of Unclassified Use Permit No. 84 -2 /EA -046, for a proposed helistop located at 2121 East Park Place in the C -M Zone. 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. City Clerk acknowledged receipt of the following written communication: (1) Petition from Citizens of The City of Hawthorne - approximately 400 signatures. (2) A letter from James Listner, President of RRS Engineering, 137 Oregon, E1 Segundo, favoring the decision of the Planning Commission. (3) A letter from Latham & Watkins, Attorneys at Law, 555 S. Flower St., Los Angeles, representing Crocker Bank outlining changes they would like considered. Director of Planning Lynn Harris gave a background report which included that the EIR was filed, noise levels were monitored (during the Olympics), and that the Fire Department had identified several safety concerns. Based on the impacts involved, the Planning Commission therefore, denied the helistop. It was the conclusion of staff that this decision be upheld and the appeal be denied. Council expressed concern regarding the noise levels, and the helicopter flight patterns. Mayor Armstrong then opened the public hearing. Pat Mann, Airport Noise Compatibility and Land Use Committee,indicated that he did not believe there were any mandatory regulations regarding FAA helicopter routes, that they were only advisory. Jim Mitsch, Chief of General Services and Director of Public Works, City of Hawthorne(resides at 5243 W. 138th St., in the Holly Glen area of Hawthorne). Stated that at the August 8, 1985 Planning Commission Meeting a report was presented that outlined the views of the Hawthorne City Council that unanimously opposed the development of the helistop. Numerous reasons were cited in the report that demonstrated certain inadequacies in the Environmental Impact Report as submitted by Crocker Bank. The City agreed with the statement in the Environmental Impact Report under the heading "Discussion of Environmental Evaluation" that concluded with the staff recommendation that the Environmental Quality Board require further investigation of the potential impact of the noise levels. The City of Hawthorne maintains that the noise impacts be adequately mitigated before consideration of the project. Mr. Mitsch went on to state that this document recognized permits for facilities of this type had been issued in "M" zones and this location is a "C -M" zone and that helistops should remain in "M" zones. He also indicated that the report further stated that mitigation measures proposed by the developer may not be adequate. He concluded that the City Council of Hawthorne was opposed to the granting of the appeal. Donald Baker, Latham & Watkins, 555 S. Flower, Los Angeles, attorney for Crocker Bank indicated that the bank needs the helistop for prompt delivery and for the security of bank documents. He continued that Crocker Bank was willing to accept mitigation measures, make modifications on flight times, and disagreed with the Planning Commission's recommendations. -2- Council Minutes October 15, 1985 Ron Kroll, 2121 E. Park Place, Ll Segundo, a representative of Crocker Bank, stated that this manner of transporting documents would be more convenient (not only for the bank but for the City) because the bank would otherwise use trucks (approximately 100 per day) for transport. He further indicated that this helistop is much closer than Hawthorne for transporting documents to Burbank. He concluded by presenting Council with a brief overview of the check processing techniques of the future. Carol Burks, 6461 W. 85th Place, Los Angeles, spoke in opposition to the appeal. Lorene Christensen, 5237 W. 142nd Place, Hawthorne, was in opposition to the appeal. Floyd Potho, 5425 W. 142nd St., Hawthorne, indicated that no noise readings were taken in the Holly Glen Area and was not in favor of the appeal. Dick Rogers, 6322 W. 78th Place, Los Angeles, opposed the helistop. Donald Brueck, 5327 W. 138th St., Hawthorne, felt that since Crocker was not using the helicopters now, let them continue not to use them. Caraleen Ford, 54 Village Circle, Manhattan Beach, as a representative of the Village Estates indicated that they were against the helistop. Wolfgang Baumann, 13319 Judah, Hawthorne, wanted the decision of the Planning Commission upheld. Pat Smith, E1 Segundo, Noise Abatement Committee, asked Council to restrict the flight pattern to Douglas Street, if the appeal was upheld. Walter Hoffman, 7831 Henefer, Los Angeles, was against the helistop. Chuck Bodey, 7412 McCool, Los Angeles, was against the helistop because of the noise. Hazel Shallon, 60 Village Circle, Los Angeles, spoke against the helistop. Ruth Stocker, 5538 W. 142nd Place, Hawthorne, spoke against the helistoo. Eileen Baumann, 13319 Judah, Hawthorne, was against the appeal. Myra Kriwanek, 6340 Riggs Place, Los Angeles, was against the appeal. Mike White, 5509 W. 140th St., Hawthorne, was against the helistop. Ruth Atteas, 7928 Altavan Ave., Westchester, representing the Loyola Village Neighborhood Concern Committee, spoke against the helistop. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the public hearing be closed. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Synadinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt Council recessed at 8:41 P.M and reconvened at 8:53 P.M. Roll call was taken by City Clerk Hart: —3— Council Minutes October 15, 1985 Councilman Jacobson - present Councilman Schuldt - absent Councilman Stadek - present Mayor Pro Tem Synadinos - present Mayor Armstrong - present Council discussion ensued regarding noise, flight patterns, and possible ways to grant the appeal without the noise mitigation. There was also a discussion regarding the time limits and the City's processing of the initial application. Director of Planning Lynn Harris indicated that the time limits were complied with as stated by State Law. City Attorney Dolley interjected that in reference to the State Law a given application may be automatically approved. But under the California Environmental Quality Act, specifically under Section 15109 of the California Administrative Code, those time frames are put on hold for the period of time that there is unreasonable delay on behalf of the applicant in making an application to the City. In connection with the question raised, City Attorney Dolley responded he had reviewed the time limits and the information submitted from the Planning Department and that the unreasonable delay was by the applicant, not the City. Therefore, there was no automatic approval of the application. Discussion continued regarding the legal implications and staff recommendations, as well as the revised proposal from Watkin & Latham, Attorneys at Law representing Crocker Bank. Mayor Armstrong MOVED, Mayor Pro Tem Synadinos SECONDED, that this appeal be denied. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Synadinos, and Mayor Armstrong Noes: None Absent: Councilman Schuldt UNFINISHED BUSINESS 1. Resolution Approving an Amendment to Parcel Map No. 15774 and Approving Variance No. 85 -1 for Property Located at 100, 200, and 222 Sepulveda Boulevard on the Appeal of Prudential Insurance Company of America from Planning Commission Decision. Councilman Siadek MOVED for approval. Motion died for lack of a second. City Manager Romaniello presented to Council the Resolution incorporating the 13 conditions that were requested by Council. Council cited the following changes to the Resolution approving an amendment to Parcel Map No. 15774: Page 2, first paragraph should be changed from Planning Commission to City Council. Page 2, #6, was discussed regarding "property right enjoyed by other properties..." City Manager Romaniello clarified that by virtue of granting the request, this determined by issuing the variance, Council found it to meet the conditions as expressed in the code. If necessary, staff could show that there is no other site in the area having the same unique characteristics as this particular project. -4- Council Minutes October 15, 1985 Page 4, #13 was amended to read "$40,000 used for recreational purposes at the discretion of Council." Council expressed concern with Page 3, #12 regarding a sunset clause of 5 years. City Manager Romaniello interjected by stating that it was the intent to meet Council's concerns that $25,000 would not be part of any other fees (i.e., business license fee). The minimum of 5 years was to protect the City since there is no absolute guarantee that the restaurant will be a success. Discussion ensued regarding E1 Segundo as "point of sale" (page 2) and it was the consensus of Council that this policy should be mandated. Prudential representatives in the audience agreed. City Attorney Dolley read the Resolution: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN AMENDMENT TO PARCEL MAP NO. 15774; AND APPROVING VARIANCE #85 -1 FOR PROPERTY LOCATED AT 100, 200 and 222 SEPULVEDA BOULEVARD WITHIN SAID CITY. which title was read. Councilman Siadek MOVED, Councilman Jacobson SECONDED that the Resolution be approved with the appropriate changes as stated, and to waive further reading. Motion carried by the following vote: Ayes:., Councilmembers Jacobson, Siadek and Mayor Armstrong Noes: Mayor Pro Tem Synadinos Absent: Councilman Schuldt Mayor Pro Tem Synadinos stated that she voted against the Resolution because she did not feel the project met Municipal Code Variance Requirements 2. Resolution Upholding an Appeal from a Decision of the Planning Commission Granting an Amendment to CUP NO. 83 -10 on the Appeal of Rev. Ed Erdely for Property located at 1440 East Imperial Avenue (Highway). Councilman Siadek left the bench at 9:36 P.M. City Attorney Dolley read the Resolution: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, UPHOLDING AN APPEAL FROM A DECISION OF THE PLANNING COMMISSION GRANTING AN AMENDMENT TO CUP #83 -10. which title was read. Councilman Jacobson MOVED, Mayor Pro Tem Synadinos SECONDED that the Resolution be approved, and to waive further reading. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos and Mayor Armstrong Noes: None Not Voting: Councilman Siadek Absent: Councilman Schuldt -5- Council Minutes October 15, 1985 Councilman Siadek returned to the bench at 9:39 P.M. REPORTS OF COMMITTEES 1. Report on Proposition "A" Committee Tony Arndt, Chairman of the Prop "A" Committee presented the Request for Approval to use Proposition "A" Funds for Recreation Field Trips for Senior Citizens and Teens. The Committee was also asking for permission ,to apply to the Los Angeles County Transportation Commission for authorization to use the funds for field trips for the Senior Citizens and Teens, and other residents who may request funds. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the recommendations be approved. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Synadinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt PUBLIC COMMUNICATIONS - WRITTEN - None PUBLIC COMMUNICATIONS - ORAL Bryan Allen, 3142 Drew St., Los Angeles, addressed Council regarding his concerns for the Light Rail System. Dick Patterson, 1205 E. Oak, E1 Segundo, cited an incident at his home where his son had forgotten his key and in attempting to enter by way of a window was stopped by a police officer who had drawn his pistol and ordered the youth to "freeze." Mr. Patterson was asking Council assistance to direct the Police Department to help the youth of the community to be better educated of what to do in cases of this nature. City Manager Romaniello and Council concurred. CONSENT AGENDA Councilman Jacobson requested that Items #3 and #9 be withdrawn. Mayor Pro Tem Synadinos requested that Item #4 be withdrawn. Councilman Siadek MOVED, and Councilman Jacobson SECONDED that the remaining items listed on the Consent Agenda be approved. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Syandinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt 1. Warrant Nos. 9003 -9222 on Demand Register Summary No. 7 in total amount of $887,977.68. Ratified and approved. 2. Renewal of Contract with R.L. Kautz & Company for Liability Claims Administration. Renewal approved. 5. Accept Contract for the Construction of a Concrete Block Retaining Wall at Recreation Park - Project No. PW 85 -3. Contract from Britton Construction Company accepted. -6- Council Minutes October 15, 1985 I. - � 66, 58 6. Experimental Sidewalk Cleaning Program Purchase order to Landscape West in the amount of $3,012.00 for 6 months starting November 1, 1985, and with half of the amount being paid by the local merchants approved. 7. Request to Adopt Section 7K Exemption for Public Safety Personnel Under . the Fair Labor Standards Act. Adoption approved. 8. Retirement and Replacement for E1 Segundo Police Department's K -9 "Quido" Council approved. 10. Request for Council Action Regarding Hydro Electric Power Generating Facility. Conceptual Approval of Joint Service Trench and Future Easement Dedication to Southern California Edison Company and Los Angeles County Department of Public Works. Joint trench concept approved and staff authorized to process the easement documents with Edison and the County. 11. Recommendation to Adopt Resolution Fixing a Period of Limitations for the Filing of Actions Pursuant to Section 1094.6 of the California Code of Civil Procedures. Resolution adopted. CALL ITEMS FROM CONSENT AGENDA 4. Alcoholic Beverage License - Request to Exchange a Type 42 License (On -Sale Beer and Wine Public Premise) to a Type 41 (On -Sale Beer and Wine Eating Place) by David A. Bryant for the Richmond Bar and Grill at 145 Richmond St. Council requested clarification on the differences between the type 41 and type 42 License. Captain Tim Grimmond, Acting Chief of Police, addressed Council and stated that a Type 42 License meant that the place of business must sell food at all times when they sell alcohol. Council also expressed concern with eating and drinking outside of the establishment. Captain Grimmond indicated that this problem had been taken care of and the applicant had complied with the City code. Mayor Pro Tem Syandinos MOVED, Councilman Jacobson SECONDED that the subject item be received and filed. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek, Synadinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt 9. Request for Approval of License Agreement with Chevron, U.S.A. Refinery for Perimeter Assessment Project within the City for Hydrocarbon Removal. Council discussed the agreement clause dealing with future amendments and requested copies of the agreement. City Attorney Dolley acknowledged the request Councilman Jacobson MOVED, Mayor Armstrong SECONDED, that this agreement be approved. Motion carried by the following vote: crC Council Minutes October 15, 1985 X 665 " Ayes: Councilmembers Jacobson, Siadek, Synadinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt 3. By -Laws of the E1 Segundo Senior Citizen Housing Corporation. Ms. Jo Ann Lombardo of the Planning Department answered questions of the Council. The first initial concern was the principal office. It was the consensus of Council that the principal office should be designated at City Hall. Ms. Lombardo indicated that once the project started, the principal office would be at the Senior Housing Project. Council discussed the extent of authority that the Senior Housing Board would or could have. City Manager Romaniello pointed out to Council that this was a Board, between the Council and the renter, not a commission. There was lengthy discussion over procedures for meetings, and concern expressed by Council in regards to the Board-being able to select its own members and not by Council appointment. City Manager Romaniello indicated that this may put the Council in the position of running the Senior Citizen Housing Project and he felt this was not the intentions of Council. Mayor Armstrong MOVED, Mayor Pro Tem Synadinos SECONDED that the verbage in the By -Laws reflect Council appointment of Senior Citizen Housing Board Members. John Allman, Member of the Board of Directors for the Senior Housing Project, indicated that the issue of the Board appointing its own members was to establish confidence in the Board's integrity and in Council's selection of its initial members. After much discussion, it was the consensus of Council that this matter be brought before Council at a future meeting after conferring with staff. Mayor Armstrong withdrew his motion and requested that Council meet with the Board. Mayor Pro Tem Synadinos stated that she would meet with the Board, Councilman Jacobson accompanying her, on Wednesday, October 23, 1985 at 7:00 P.M. Mayor Pro Tem Synadinos commented that she would be late and requested the Board to hold this matter until she arrived. Council Minutes October 15, 1985 .X6660 660 REM BUSINESS -CITY MANAGER I. Preferred Parking and Related City Ordinance and Resolution Council discussed including the address of the permit holder on the permit, to assure that it could only be used by the authorized residents. Captain Grimmond indicated that this is a matter of privacy and that there is a penalty if the permit is given or sold to another party. Council was also concerned about permits for visitors and procedures for renewals. City Manager Romaniello stated that Council needed to let the permit process be in effect for 6 months then evaluate what changes needed to be made. City Attorney Dolley presented the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE " EL SEGUNDO MUNICIPAL CODE " BY ADDING CHAPTER 10.29 ESTABLISHING PREFERENTIAL PARKING ZONE LEGISLATIVE AUTHORITY. which title was read. Mayor Pro Tem Synadinos introduced the Resolution. City Attorney Dolley advised Council that they could adopt the Resolution subject to the effective date of the Ordinance. Attorney Dolley then read the resolution: RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DESIGNATING PREFERENTIAL PARKING ZONES. which title was read. Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED to adopt the resolution and waive further reading. Motion was carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos and Mayor Armstrong Noes: Councilman Siadek Absent: Councilman Schuldt 2. E1 Segundo Corridor Traffic Control Program Captain Grimmond stated that the program expires on October 31, 1985. The 8 major corporations in the area which funded the program before have been contacted for the coming year and 6 agreed to provide funding, resulting in an $11,000 deficit. The proposal request was for 8 months funding from the City and 8 months funding from the 6 corporations with a $7400 deficit to cover the amount. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the program be adopted as recommended by staff. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Siadek and Mayor Armstrong Noes: Mayor Pro Tem Synadinos Absent: Councilman Schuldt Councilman Siadek left the Chambers at 10:56 P.M. -9- Council Minutes October 15, 1985 A 6661 3. Review and Award the Contract for the Senior Citizen Houstng�Project to the Lowest Bidder. Joann Lombardo presented Council with a background brief on the Senior Citizen Housing Project. Councilman Jacobson was concerned about what would happen if the architect did not finish the project on time. Ms. Lombardo replied that there was a clause in the contract to compensate for this and the amount was $2800 per day. Mayor Armstrong expressed his concern with the number of past change orders and late finish dates of construction projects. Councilman Jacobson MOVED, Mayor Pro Tem Synadinos SECONDED, to award the contract for the Senior Citizen Housing Project to the lowest bidder, Ellias Construction Company, Inc. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos and Mayor Armstrong Noes: None Absent: Councilman Schuldt and Siadek Mayor Pro Tem Synadinos stated that Council has been more than aware of the late finish dates of previous construction projects. NEW BUSINESS -CITY ATTORNEY - City Attorney asked for Closed Session. FURTHER NEW BUSINESS - City Manager asked for Executive Session. GOOD OF THE ORDER - None PUBLIC CONNIINICATION - ORAL - None CLOSED SESSION Council recessed to Closed Session at 11:05 P.M. Government Code 54956.9(a) Samaniego, et al vs E1 Segundo et al Government Code 54956.9(c) E1 Segundo vs Los Angeles Airport Council reconvened in the Council Chambers at 11:35 Y.M. Poll Call was taken by City Clerk Ronald Hart. Councilman Jacobson...... present Councilman Schuldt... .... absent Councilman Siadek ........ absent Mayor Pro Tem Synadinos..present Mayor Armstrong .......... present Mayor Armstrong announced that no decisions were made in Closed Session. Approved Contract with Telecommunication Management Corporation to perform a technical review and audit of Group W. Motion carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos and Mayor Armstrong Noes: None Absent: Councilmembers Schuldt and Siadek ADJOURNla;NT - No other business appearing to come before the Council at this session, the meeting was adjourned at 11:40 P.M. to 5:15 P.M., November 5, 1985 for the purpose of interviewing Planning Commission candidates. -10- Council Minutes October 15, 1985 Council adjourned in the memory of: James H. Neally, Jr., age 56 and a 28 year resi ent. RONALD L. HART CITY CLERK APPROVED: r" CLM./ov CHARLES K. ARMSTRONG, YOR