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1986 FEB 18 CC MINEi'71 EL SEGUNDO CITY COUNCIL MINUTES REGULAR MEETING- FEBRUARY 18, 1986 CALL TO ORDER by Mayor Armstrong at 7:00 P.M. in the Council Chambers. THE PLEDGE OF ALLEGIANCE led by Mr. Ara Avak. INVOCATION given by Father Rick Chunn, St. Patricks Celtic Church. PZE S ENTATI OHS -None 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 Regular City Council Meeting of January 21, 1986 were approved as written. 2. Minutes of the Regular City Council Meeting of February 4, 1986 were approved as written. SPECIAL ORDERS OF BUSINESS 1. PUBLIC HEARING: Proposed Zone Text Amendment #84 -2 and Certification of a Negative Declaration of Environmental Impact EA -065 for proposed amendments to the City of E1 Segundo Zoning Ordinance for a Special Commercial District (C -3W) west of Sepulveda boulevard to reduce Maximum building area ratio from 2:1 to 1:1, to reduce the maximum building height from 200 feet to 45 ft., to reduce the maximum building height for C -3 lots adjoining a residential zone from 100 ft. to 40 ft., and require a landscape buffer in the setback between a C -3 parcel and any residential zone; petitioned by the City of E1 Segundo. Mayor Armstrong announced that this was the time and place heretofore fixed for the hearing on the Proposed Zone Text Amendment #84 -2 and Certification of a Negative Declaration of Environmental Impact EA -065 for proposed amendments to the City of E1 Segundo Zoning Ordinance for a Special Commercial District (C -3W) west of Sepulveda to reduce the maximum building area ratio from 2:1 to 1:1, to reduce the maximum building height from 200 feet to 45 ft., to reduce the maximum building height for C -3 lots adjoining a residential zone from 100 ft. to 40 ft.,and require a landscape buffer in the setback between a C -3 parcel and any residential zone; petitioned by the City of E1 Segundo. Mayor Armstrong asked the City Clerk if proper notice had been given. City Clerk Hart stated that proper notice had been published. Mayor Armstrong stated that those files would become part of the hearing. City Clerk Hart acknowledged receipt of bhe following written communication: 1. Myron E. Harpole, President of Hacienda Hotel, 525 North Sepulveda expressed disapproval of downzoning and requested the consideration "716 SPECIAL ORDERS OF BUSINESS (continued) Director of Planning Lynn Harris gave a brief explanation of the proposed amendments recommended by the Planning Commission action taken at their meeting of January 23, 1986. Ms Harris stated the purpose of the amendments was to minimize traffic concerns and "incompatible" land developments directly affecting C -3W and adjacent residential properties. Stating four areas the amendments address: reduction of floor area from a 2:1 ratio to a 1:1 ratio, to reduce the maximum building height from 200 ft. to 45 ft., to reduce the maximum building height for those C -3W lots that abutt residential zones from 100 ft. to 40 ft. and to require a landscape buffer in the setback between a C -3 parcel and any residential zone, Ms. Harris added that the proposed ordinance would not change the permitted uses of the C -3 zone, the required yard setbacks or to any other standards of development within the C -3 district east of Sepulveda. Planning Director Harris concluded the Commissions findings by stating that the amendments proposed are designed to effectively reduce the intensity of development on the west side of Sepulveda, thereby reducing the impact of traffic and retain the compatibility of commercial and residential districts. Councilman Schuldt and Councilman Siadek expressed concern regarding the word "compatible" and asked staff to clarify "incompatibility" and describe its usage and who might be affected. Director of Planning, Lynn Harris responded by stating that the use of "incompatible " in this context was intended to reference the relationship between residential and commercial districts. After several Study Sessions it was the findings of the Planning Commission, said Ms. Harris, that the existing development standards for the C -3 district, if developed to their potential, could create a range of incompatibility with the residential zone. That is to say, that both districts could not effectively live together Ms. Harris concluded. Councilman Siadek asked if the Planning Commission had considered a change in the present C -3 zone to make it R -3. Ms. Harris responded by saying that no consideration had been given. Councilman Schuldt thought that a study of the whole area east of the high tension wires should be made to ascertain the potential impact high rise and various zoning would have on the area. Councilman Siadek expressed concern as to the possible litigation that these zoning amendments might create. Councilman Schuldt thought that the market would correct itself if traffic became a problem as a result of high rise on Sepulveda boulevard; buildings would stand idle. Mayor Armstrong requested Public input in favor or in opposition of the Proposed Zone Text Amendment. Jon Baldwin, 331 No. Sepulveda - Owner New Pacific Lumber expressed his disfavor of downzoning. Mr. Baldwin felt this measure would significantly affect his property and create a tremendous loss of value. 6717 SPECIAL ORDERS OF BUSINESS (continued) Richard Knickerbocker, 4720 Lincoln Blvd. Marina Del Rey, representing Kilroy Industries stated that consideraton might be given to the fact that a tremendous amount of the property in question has already been developed and conforms with a code that has been in existence for a long period of time. Attorney Knickerbocker stressed that if these amendments should pass then a 20% reduction in property value would result, thus creating potential litigation for the entire C -3 district. Mr. Knickerbocker urged the City Council to reconsider this matter and suggested that a complete Environmental Impact Report including an Economic Impact report be submitted. Mr. Knickerbocker concluded by again urging Council to reject this proposal. Roger Hudson, President of R. J. Hudson Associates, representing Bank of America expressed disapproval of downzoning and urged the City Council to retain the existing development standards. In reference to a letter submitted, Mr Hudson stated that those property owners on the west side of Sepulveda would be penalized by virtue of being on the "wrong side of the street ". Representative Hudson further touched on a potential devaluation of 50 million dollars for the banks property and concluded by stating that the City might consider other alternatives to the existing sewer and traffic problems. Myron E. Harpole, President of Hacienda Hotel urged Council to modify the ordinance to allow the reconstruction of the Hacienda should a major disaster occur. Mr. Harpole stated that the hotel represents some 200 jobs and revenue for the City and without a modification to the ordinance, the Hacienda might not be permitted ro reconstruct its existing site. Ron Stenlake, 331 and 337 No. Sepulveda spoke on behalf of his parents stating that he was against the downzoning and would consider legal action if the proposed amendments were accepted. Michael Davis, 3218 W. 111th Street, Inglewood (Mayor Armstrong granted Mr. Davis permission to speak out of order) announced his candidacy for the State Assembly. Jim Clutter, 441 Kansas Street expressed his approval of downzoning. Tony Motta, Motta Brothers stated his disapproval of downzoning and will litigate if the amendments are accepted. Tina Edwards, 612 Illinois Court was in favor of downzoning. Paula Crane, 1568 E. Palm Avenue also in favor of the downzoning. Gertie Faas, 428 Kansas Street was in agreement with Paula Crane. Frank Wong, E1 Segundo was in favor of the downzoning and expressed concern regarding the T. V. signals that might not be received if the amendments are not accepted. Mr. Wong urged Council to take the vote to the people. At the hour of 8:47 P.M., Council took a 6 minute recess. At the hour of 8:53 P.M., Council reconvened in the Council Chambers with all members answering roll call. bit R SPECIAL OYDER OF BUSINESS (continued) Dennis Martin, 422 Indiana Court was in favor of downzoning. Oscar Robison, 311 W. Acacia Street wanted justice for all concerned and urged Council to further deliberate the issue. Roger Siegel, 1022 Mariposa urged Council to consider a decision based on the welfare of all. Mayor Armstrong closed the public input. Mayor Pro Tem Synadinos asked City Attorney Dolley for elaboration on a the legalities of the Environmental Impact Report Process and "inverse condemnation ". City Attorney Dolley responded by stating that zoning is a legislative act implemented through ordinances becoming law and consequently subject to referendum. Council addresses problems as they are understood and decisions are made based upon evidence of these problems. The need for an an Environmental Impact Report, explained City Attorney Dolley, is based upon a physical impact which might result from the implementations of such ordinances, however there is no case to date that requires such a report based on pure economics because of the downzoning of property. Mr. Dolley also commented on the issue of "vested rights," stating that a City Council can enact an ordinance which further restricts the development of property. This enactment is not a "taking of property" or inverse condemnation. The recourse available to a "disgruntled" property owner would be a writ of mandate or an "undoing" of the decisive action taken by the City Council explained Mr. Dolley. Mr. Dolley concluded by saying there are no vested rights which are compensable in money damages. Mayor Pro Tem Synadinos MOVED to accept the recommendations of the Planning Commission, Councilman Jacobson SECONDED. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilman Jacobson, Mayor Pro Tem Synadinos, and Mayor Armstrong. NOES: Councilman Siadek, and Councilman Schuldt. Councilman Jacobson MOVED, Mayor Pro Tem Synadinos SECONDED to waive further reading. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilman Jacobson, Councilman Siadek, Mayor Pro Tem Synadinos and Mayor Armstrong. NOES: Councilman Schuldt. City Attorney Dolley read the title of the following ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, CHAPTER 20.35 (SPECIAL COMMERCIAL DISTRICT (C -3) ZONE) OF TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE. iI_ - 671 SPECIAL ORDERS OF BUSINESS (continued) Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED to adopt the subject ordinance. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilman Jacobson, Mayor Pro Tem Synadinos and Mayor Armstrong. NOES: Councilman Siadek, and Councilman Schuldt. 2. PUBLIC HEARING: Proposed Precise Plan 4485 -1 and Certification of a Mitigated Negative Declaration of Environmental Impact EA -075 for a proposed two - story, 38,135 sq. ft. retail office complex at the southwest corner of Sepulveda Boulevard and Palm Avenue, Special Commercial District (C -3); petitioned by A.L. Siegel. Mayor Armstrong announced that this was the time and place heretofore fixed for a public hearing on a Precise Plan 485 -1 and Certification of a Mitigated Negative Declaration of Environmental Impact EA -075 for a proposed two - story, 38,135 sq. ft. retail office complex at the southwest corner of Sepulveda Boulevard and Palm Avenue, Special Commercial District (C -3); petitioned by A.L. Siegel. The Mayor asked if proper notice had been given. City Clerk Hart stated that proper notice had been published. The Mayor announced that those files would become part of the hearing. Mayor Armstrong inquired if any written communication had been received. City Clerk Hart stated that a letter was received from a Mr. A. L. Siegel, requesting a continuance. Mayor Armstrong acknowledged a letter on file received by A.L. Siegel requesting a continuance. Mayor Armstrong asked if anyone in the audience wished to address the subject. Seeing no one, Mayor Armstrong asked for a motion to continue this public hearing on March 4, 1986. Councilman Jacobson MOVED, Councilman Siadek SECONDED to continue this hearing to the next City Council meeting of March 4, 1986. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 3. PUBLIC HEARING: Proposed Precise Plan #85 -4 and Certification of a Mitigated Negative Declaration of Environmental Impact EA -098 for a proposed new patio dining structure at 145 -147 Richmond Street to be used in conjunction with an existing restaurant at 145 Richmond Street; petitioned by David Bryant. Mayor Armstrong announced that this was the time and place heretofore fixed for a public hearing on the Proposed Precise Plan 4185 -4 and Certification of a Mitigated Negative Declaration of Environmental Impact EA -098 for a proposed new dining structure at 145 -147 Richmond Street to be used in conjunction with an existing restaurant at 145 Richmond Street. Mayor Armstrong asked the City Clerk if proper notice had been given. City Clerk Hart acknowledged that proper notice had been published under the direction of the Planning Department. The Mayor announced that those files would become part of the hearing. Mayor Armstrong inquired if any written communication had been received. City Clerk Hart stated that no written communication had been received 6 720 SPECIAL ORDERS OF BUSINESS (continued) Councilman Schuldt expressed concern regarding the footage between the two buildings involved. City Manager Nicholas Romaniello interjected by stating that this proposal was made by the applicant and these recommendations for distance between buildings was not made by the City. Mr. Romaniello also stated that if the buildings were physically tied together, a different set of building codes would be required. Councilman Jacobson asked that the record show only one rendering correct. The Precise Plan did not call for a second building as shown in one of the architects rendering. Mayor Pro Tem Synadinos also noted that the Precise Plan should indicate the use of a building behind 145 Richmond Street as utilized for office space only. Mayor Pro Tem Synadinos asked for an explanation for the difference in building height between 145 and 147 Richmond Street. Brad Anderson, Architect for Design Associates addressed Mayor Pro Tem Synadinos by stating that the reason for the difference is due to a ramp that is required for the use of the handicapped. Mr. Anderson further stated that should the existing owners split, a covenant has been signed by both parties rendering this precise plan null and void. This covenant would require the new building to be brought to current standards for the use of a retail establishment and the existing restaurant would remain. Lynn Harris expressed to Council that the Planning Commissions recommendations were to include both 145 and 147 Richmond Street in the precise plan and should any changes be made to either location, an amendment to the precise plan would be required. Mayor Armstrong asked if anyone in the audience wished to address this subject. Seeing none, Mayor Armstrong closed public input and the public hearing. City Attorney Dolley read the title of the following ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT EA -098 AND ADOPTING PRECISE PLAN 85 -4, WITH CONDITIONS FOR A PROPOSED NEW PATIO DINING STRUCTURE AT 147 RICHMOND STREET TO BE USED IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 145 RICHMOND STREET WITHIN SAID CITY. Councilman Siadek MOVED, Councilman Schuldt SECONDED to waive further reading and adopt the proposal for the precise plan. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Siadek introduced the ordinance. UNFINISHED BUSINESS -None t4, t 6"72.1 PUBLIC COMMUNICATIONS WRITTEN City Clerk Hart acknowledged receipt of two written communications: Mr. and Mrs. John Cruikshank, 1509 E. Elm Avenue were unsatisfied with the barricades on Maple and Walnut Streets; street closure at California and Washington. Residents of Washington, E. Palm and Sycamore Streets expressed displeasure over the barricades at Walnut and Maple and the increase in traffic. PUBLIC COMMUNICATIONS - ORAL Robert Anderson, 848 Pepper Street would like Council to rename Nash Street in honor of Gregory Jarvis, member of the ill -fated Challenger Crew. Council directed staff to investigate possibilities, contact industry and report back at the next Council meeting on March 4, 1986. CONSENT AGENDA All matters listed under the Consent Agenda will be enacted by one motion unless a request is made for discussion, in which case, the item(s) will be considered separately following this portion of the Consent Agenda. Mayor Pro Tem Synadinos requested that item number 8 be considered separately. Thereafter, MOTION was made by Councilman Siadek, and SECONDED by Councilman Schuldt to approve the remaining items on the consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 1. Warrant Nos. 0480 -0746 on Demand Register Summary No. 18 in total amount of $518,017.53. Ratified and approved. 2. Warrant Nos. 10694 -10698 on Demand Register Summary No. 19 in total amount of $2,317.97. Ratified and approved. 3. Request to Approve Renewal of Audit Agreement with Peat, Marwick, Mitchell & Company for Fiscal Years 1985/1986, 1986/1987 and 1987/1988. Renewal approved. 4. Request to Award Bid to Only Bidder for a Portable Communication System to be Used by the Police Department. Awarded to Audio Intelligence Devices for $3,887.25. 5. Request to Reject Alternate Bids for Moore Recreation and Parks Equipment, Inc. (for not Meeting Specifications on Playground Equipment for Sycamore Park) and Award to the Lowest Bidder, b721. or CONSENT AGENDA (continued) 6. Request to Approve Plans and Specifications and Authorize Staff to Advertise for Bids for Additions and Modifications to Fire Station No. 1 (Main Street) PW 84 -5. Approved plans and specifications and authorized staff to advertise for bids. 7. Request Authority to Issue Additional Purchase Order to BCL Associates, Inc. in Connection with Chevron Hydrocarbon Migration Monitoring Program. Authorization granted. 9. Request Approval of Agreement with Daniel Freeman Hospital for Provision of Home - Delivered Meals (Meals on Wheels). Agreement approved. CALL ITEMS FROM CONSENT AGENDA 8. Request to Approve Agreement with Charles Walton Associates AIA Inc. for Architectural Design Services in Connection with Addition and Modifications to City Library. (Recommendation: Approve Agreement). Mayor Pro Tem Synadinos expressed concern regarding the cost overruns. Mayor Pro Tem Synadinos MOVED, Councilman Jacobson SECONDED to approve agreement. MOTION CARRIED BY UNANIMOUS VOICE VOTE. At 10:35 P.M. Mayor Armstrong left the dais. At 10:38 P.M. Mayor Armstrong returned to the dais. NEW BUSINESS - CITY NANAGEB 1. Report on Six Month Study of Traffic Diverters in Northeast Area of Residential Portion of the City. George C. Villegas, Joint -City Transportation Engineer, gave a brief update on the six -month study of the traffic diverters in use in the northeast residential section of the City. Engineer Villegas reported that traffic had decreased overall by four percent but the traffic flow on other streets, primarily Sycamore, Center, Palm and Washington, had increased. He stated the following staff recommendations: 1. Retain and make permanent the closure on California Street. 2. Retain the temporary diverter on Walnut Avenue. 3. Remove the temporary diverter on Maple Avenue. Villegas, urged Council to retain the Walnut Street diverter on Walnut Avenue until the New Walnut Plaza is completed. This would appropriate a thorough traffic count. o `1 7 ? 3 NEW BUSINESS - CITY MANAGER (continued) Jim Helvey, 1502 E. Walnut strongly stressed that in his opinion the California Street closure has solved the main traffic problems in his neighborhood. Ed Helvey, 1504 E. Walnut was in complete agreement with his son, Jim Helvey. Scott Dannen, 1120 E. Acacia stated his family was in favor of the California Street closure. Jim Clutter, 441 Kansas Street requested Council to consider placing stop signs at the Pine and Kansas Street intersection. Bill Ehrhart, 1406 E. Walnut stated he was not in favor of accepting staff recommendations. He felt that all barricades should be maintained according to the implementations presented by the original report submitted by Greer Associates. Walter Baynes, 1432 E. Sycamore disagreed with Mr. Ehrhart's statement. Jack Neil, 1729 Washington Street stated that the traffic problems were getting worse, but that he had no suggestions to make to Council. Gordon Lenz, 730 California Street referring to Oak Street, stated that traffic had increased since the diverters were installed. Jeff Siadek, 421 Washington Street stated that driving within the barricades is like being in a "maze ". Councilman Siadek MOVED, Councilman Jacobson SECONDED, to accept staff recomendations and requested a report on the possible implementation of speed undulations. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Council also directed staff to implement a thorough traffic counts before the opening of the Walnut Plaza on the following streets: - Acacia - Walnut - Sycamore -Maple -Oak - Mariposa -Palm NEV BUSINESS - CITY ATTORNEY Attorney Dolley requested Closed Session on the following matters: 54956.9 (a) Johnson vs City of E1 Segundo E1 Segundo vs Shelter Media Winthrop vs E1 Segundo Dorsey vs E1 Segundo El Segundo vs Homtel FURTHER NEW BUSINESS - NONE GOOD OF THE ORDER - NONE PUBLIC COMMUNICATIONS - ORAL Oscar Robison, 711 E. Acacia was concerned with a newspaper publication regarding cash contributions from developers in the City. City Manager Romaniello addressed Mr. Robison stating that the monies received from a developer are in direct relation to the impact that his development creates. Mr. Robison stated he had spoken with the City of Carson and they do not accept cash contributions. City Manager Romaniello disagreed with Mr. Robison. CLOSED SESSION At 12:03 A.M. Council adjourned to the Mayor's office for Closed Session. Councilman Siadek left at 1:00 A.M. At 1:35 A.M. Council reconvened in the Council Chambers with all members answering roll call with the exception of Councilman Siadek. The Mayor announced that no decisions were made in Closed Session. ADJOURNMENT No other businees appearing to come before Council at this session the meeting was adjourned to Thursday, February 20, 1986 at 7:00 P.M. for an Adjourned Regular Meeting with the Planning Commission. i u"eLL L. n&Ki, APPROVED: i rCHARLES K. ARMSTRONG, MAYO ERK . 0. 724