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1986 MAR 18 CC MIN - 27­8726 EL SEGUNDO CITY COUNCIL MINUTES REGULAR MEETING -MARCH 18, 1986 CALL TO ORDER by Mayor Armstrong at 7:00 P.M. in the Council Chambers. THE PLEDGE OF ALLEGIANCE led by Eagle Scouts Troop 4772 - Courtney Carlson and David and Douglas Mellers. INVOCATION given by City Clerk Ronald Hart. PRE SENTATI OHS -None ROLL CALL taken by City Clerk Hart: Councilman Jacobson - present Councilman Schuldt - present Councilman Siadek - present Mayor Pro Tem Synadinos - present Mayor Armstrong - present MI MUTE S 1. Minutes of the Regular City Council Meeting of February 18, 1986 were approved as written. 2. Minutes of the Adjourned Regular City Council Meeting of February 20, 1986 were approved as written. 3. Minutes of the Regular City Council Meeting of March 4, 1986 were approved as corrected. NEW BUSINESS — CITY MANAGER (Taken out of order with the consent of Council) 1. Presentation of Predevelopment Agreement with LAX Business Center. William Glickman, Director of Public Works explained that the agreement to agree was unique as they were the only property owners to request a refund of sewer fees in the event of their future development. LAX Business Center estimated this cost to be $142,000 and wanted a credit applied to any mitigation measures in connection with future development, traffic costs, fire fees and police fees if the development occurred within five years. Director Glickman stated that the City would have the sewer capacity if LAX Business Center proposed future development. Councilman Schuldt asked what would happen if the other property owners requested the same predevelopment agreement. Director Glickman responded by stating that the sewer district would "fall apart". Councilman Siadek asked if LAX Business Center had any explanantion for their position. Council Minutes March 18, 1986 lF,{. 67 -R 7 NEW BUSINESS — CITY MANAGER (continued) Mr. Glickman stated that no immediate benefit would be received by LAX as a result of their inclusion to the district. However, benefit would result if they had proposed future development. Estimates for a separate pump have determined the cost to be approximately $100,000 should LAX refuse to join the sewer assessment district. Councilman Siadek suggested leaving LAX Business Center out of the sewer district if the cost of installing a separate pump is less than the refund requested by LAX Business Center. Max Nardoni, LAX Business Center stated that there is no economic benefit in joining the sewer assessment district. He explained the City's recommendation to develop the property to C -3 standard. The agreement included a benefit or a refund of fees for joining the district that would be received when the property was developed to C -3 standards, provided this development occurred within a five year period. Mayor Armstrong expressed concern over the possibility of future development fees exceeding the cost of sewer assessment fees. Mr. Nardoni stated that if future development costs exceeded the joining costs then LAX would be obligated for the difference. City Manager Nicholas Romaniello interjected by stating that the $142,000 is a credit and should future development result in a higher sewer assessment fee it would be their obligation to the county. Mr. Romaniello further stated that there are other property owners like LAX receiving no benefit but who are participating without any strings. Councilman Siadek suggested that the City install an additional pump for LAX to provide service for the existing property. City Manager Nicholas Romaniello addressed Council by stating that there had been some difficulty in determining any economical sense of their proposal. The basic premise is LAX will not receive any benefit from the sewer assessment district but are merely requesting a refund of fees for joining the sewer assessment district when and if they develop their property. An additional pump station can be provided at a $100,000 cost to the City but estimates in the millions would result for LAX Business Center should they decide to develop. Mr. Nardoni stated that he had no authority to materially change the agreement and requested a continuance of the Public Hearing until such time as the agreement can be compatible to all concerned. George McFarlin, Nazarek, Harper, Hopkins & McFarlin stated there were a few alternatives that could be considered. The Public Hearing could be continued for an additional two weeks without further notices or by verbal modification of the proceedings redraw the boundaries of the district, continue the public hearing, confirm the assessments and conclude the assessment process. Mr. Nardoni submitted a letter stating LAX Business Center's position on the matter and felt it would be beneficial to the Councilmembers as background material. Councilman Siadek MOVED, Councilman Jacobson SECONDED to reject the presentation and continue the matter to the next regular City Council Meeting of April 1, 1986. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (2) Council Minutes March 18, 1986 SPECIAL ORDERS OF BUSINESS fY %.';z 1. Public Hearing: For a proposed Sewer Assessment District No. 73 to Service Properties Approximately East of Sepulveda Boulevard, North of E1 Segundo Boulevard, West of Nash Street and South of Mariposa Avenue. The Mayor announced that this was the time and place heretofore fixed for a continued Public Hearing on protests or objections to the Investigation Report, Resolution of Intention, Engineer's Report and all other matters relating to ASSESSMENT DISTRICT NO. 73 (sewer improvements). For convenience, the "1931 Act" and "1913 Act" public hearings will be combined into a single hearing; however, individual actions will be taken where appropriate. The Mayor inquired if proper notice had been given. City Clerk Hart announced that proper notice had been given in the manner and form required by law, and that the following affidavits were on file: - Certificate of Posting Streets; - Certificate of Mailing Notice and Filing Boundary Map; - Affidavit of Publication of Notice of Improvement; - Affidavit of Publication of Notice of Inviting Sealed Bids; - Affidavit of Posting Notice inviting Sealed Bids. Mayor Armstrong stated that those files would become part of the hearing. The Mayor asked if any written communication had been received. City Clerk Hart stated no written communication had been received by his office to date. Mayor Armstrong asked if there was anyone present in the audience who wished to address this public hearing. Seeing no one, Mayor Armstrong asked for Council discussion or a motion to continue the public hearing to the next City Council Meeting of April 1, 1986. Councilman Jacobson MOVED, Councilman Siadek SECONDED to grant a continuance to the next City Council Meeting of April 1, 1986. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. PUBLIC HEARING: For a proposed zone text amendment 485 -2 and proposed Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment EA -092 to amend the City of El Segundo Zoning Ordinance to permit residential use into the General Commercial (C -2) Zones citywide; petitioned by the City of E1 Segundo. The Mayor announced that this was the time and place heretofore fixed for a Public Hearing for a proposed zone text amendment #85 -2 and proposed Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment EA -092 to amend the City of E1 Segundo Zoning Ordinance to permit residential use into the General Commercial (C -2) Zones citywide; petitioned by the City of E1 Segundo. The Mayor inquired if proper notice had been given. City Clerk Ron Hart stated that proper notice had been given in the matter and form required by law. (3) Council Minutes March 18, 1986 SPECIAL ORDERS OF BUSINESS (continued) Mayor Armstrong stated that those files would become part of the hearing. The Mayor asked if any written communication had been received. City Clerk Hart stated no written communication had been received by his office. Planning Director, Lynn Harris gave a brief explanation regarding the proposed zoning amendment. This amendment would allow residential use in the C -2 zone as an accessory use provided a Conditional Use Permit is obtained and specific conditions are met. The following conditions include: compatibility of commercial and residential uses with each other and surrounding areas, commercial use be devoted to the ground floor area facing a commercial street, residential floor area does not exceed 50% of the gross area of the building, adequate parking is provided and the design of residential /commercial minimizes the risk to life from fire, health and safety hazards. Ms Harris further stated that residential parking must meet the requirement for the residential area. In conclusion Ms. Harris confirmed the findings of the Planning Commission by stating that the zone text amendment would conform with the General Plan Land Use Commercial Objectives by creating standards to assure the proper balance, relationship and distribution of various types of land use. Mayor Pro Tem Synadinos expressed concern over the fire /safety hazards. Fire Chief Larry Sheldon stated that the installation of sprinkler systems as part of the Conditional Use Permit allows the Fire Department discretionary review with regard to the compatibility of occupants. Mayor Pro Ten Synadinos expressed further concern over the possibility of the change of occupancy in the commercial use and the enforcement necessary to retain the fire /safety measures. Lynn Harris responded by stating that if a commercial use were to change the enforcement would occur at such time when the new business license was issued. The Environmental Quality Board would review the change in use and the Fire Department would be notified if a potential fire hazard existed. Mayor Armstrong asked if there was anyone in the audience who wished to speak on this matter. Seeing no one it was the unanimous consensus of Council to close the public hearing. Acting City Attorney Peter Thorson read the title of the following resolution: RESOLUTION NO. 3368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT EA -092 FOR AMENDMENTS TO CHAPTER 20.34 (GENERAL COMMERCIAL (C -2) ZONE) OF TITLES 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE Councilman Siadek MOVED, Councilman Jacobson SECONDED to waive further reading and adopt the proposed zone text amendment. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (4) Council Minutes March 18, 1986 SPECIAL ORDERS OF BUSINESS (continued) Acting City Attorney Peter Thorson read the title of the following ordinance: ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING CHAPTER 20.34 (GENERAL COMMERCIAL (C -2) ZONE) OF TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE Councilman Siadek MOVED, Councilman Schuldt SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Siadek introduced the ordinance. UNFINISHED BUSINESS - None At the hour of 8:21 P.M. the Mayor called for a 10 minute recess. At the hour of 8:31 P.M. Council reconvened in the Council Chambers with all members answering roll call. REPORTS OF COMMITTEES, COMMISSIORS AND BOARDS It was the unanimous consensus of Council to support Barbara Doerr as the Coastal Commission city representattive. PUBLIC COMMUNICATION - QRITTEN - None PUBLIC COMIUNICATIONS - ORAL Nicholas Romaniello, City Manager read a prepared statement referencing the recent accusations made pending this General Election Campaign. Patrick Smith, 947 Virginia Street expressed concern regarding Capacity Control Regulations in reference to current airport noise controls. Mr. Smith asked if through our participation in ANCLUC (Airport Noise Control & Land Use Compatibility) did the City automate an agreement to this Capacity Control Regulation. Lynn Harris, Planning Director confirmed Patrick Smith's concerns. Ms. Harris requested an adoption of a resolution restating the City's emphatic opposition regarding Capacity Control Regulation and also encourage all concerned citizens of El Segundo to sign in support of the proposed resolution. Councilman Siadek suggested we invite the Airport Commission to hold their next meeting in E1 Segundo. Mayor Armstrong directed Barbara Langsberg to draft a resolution as requested by Lynn Harris, Planning Director. Oscar Robison, 311 W. Acacia Street expressed concern over the City's interpretation of C.E.Q.A. (California Environmental Quality Act). Mr. Robison was also in disfavor of the private investigation of the Building Department. Nicky Wislocky, 1208 E. Pine Street was not in agreement with Mr. Robison and felt that if a developer requires new streets or sewers then discretion should be utilized by staff on the basis of those costs assessed to that developer. (5) Council Minutes March 18, 1986 6749 PUBLIC COMMUNICATIONS — ORAL (continued) Margaret Donahue Sanchez, 900 Cedar Street was very moved by Mr. Romaniello's statement and questioned Councilwoman Synadinos campaign practices. Robert Anderson, 848 Pepper Street "refuted" Councilwoman Synadinos campaign practices. Alan West, 303 Virginia Street expressed concern over the City's policy of issuing tent permits. Mr. West also made reference to Councilwoman Synadinos campaign practices. Carl Haglund, 403 Concord Street expressed concern over the circulation, distribution and content of the City's El Segundo Reports publication. Mr. Haglund was worried about the the City's surplus funds involving current litigations. Eileen Hunter, Administrative Assistant offered Council an explanation for the distribution policy of the E1 Segundo Reports. Bill Bue, 748 Center Street was surprised at the statement made by the City Manager and expresed concern over the City Manager's present performance as well as past performance as a Planning Director. Scot Dannen, 1127 Acacia Street supported the City Manager and the City Council. Bill Goodman, 613 Arena Street was critical of the City's Deputy Inspection Program and felt it had no merit. Walter Baynes III, 1432 E. Sycamore was not in favor of Mr. Dannen as a Planning Commissioner. Dennis Martin, 722 Indiana Court expressed a desire for citizens to become aware of the untapped educational opportunity available within our City. Councilman Siadek said he was surprised over the statement read by the City Manager. Councilman Siadek motioned a "no confidence" vote in the City Manager. Councilman Schuldt seconded. Acting City attorney Peter Thorson advised Council to refer the item to Closed Session. At the hour of 9:48 P.M. Council called for an eight minute recess. At the hour of 9:57 P.M. Council reconvened in the Council Chambers with all members answering roll call. 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. (6) Council Minutes March 18, 1986 CONSENT AGENDA (continued) 1. Warrant Nos. 1043 -1344 on Demand Register Summary No. 21 in total amount of $710,092.82. Ratify and Approve 2. Request Approval to Retain the Firm of Melvyn Green & Associates, Inc., to Provide Design Services for the City Clubhouse Refurbishment Project. Approve Request 3. Plans and Specifications and Authority to Advertise for Bids for 1985 -1986 Slurry Seal Program- Project No. PW 86 -1. Approve 4. Construction of Street Improvements and Storm Drain in Holly Avenue -Penn Street to Sierra Street - Project No. PW 85 -7. Award Contract 5. Hyperion Operating and Maintenance Charges for Fiscal Year 1985 -1986. Appropriation of Funds for Payment 6. Los Angeles County - Reconstruction of Douglas Street -500 Feet South of Imperial Hwy to Mariposa Avenue -Cash Contract No. 2694N Granting Temporary Jurisdiction to the County. Approve Agreement and adopt resolution 7. Sweeping of Parking Lots and Bicycle Path - Project No. PW 85 -11 -A Reject all bids and authorize the issuance of a purchase order in the amount of $2,600.00 for trial parking lot sweeping by the present street and alley sweeping contractor -South Bay Sweeping Co. 8. Plans and Specifications and Authority to Advertise for Bids for the Concreting of the Bottom of Imperial Avenue and Center Street Storm Drain Retention Basin - Project No. PW 85 -4 Approve 9. Sandblast and Resurface Tennis Courts at Recreation Park Approve sole source in the amount of $14,900 10. Proposed Examination Plan to Conduct a Closed Promotional Examination for the Position of Fire Captain. Approve plan Councilman Siadek requested item number 11 be considered separately. Councilman Jacobson requested item number 12 be considered separately. Thereafter, MOTION was made by Mayor Pro Tem Synadinos and SECONDED by Councilman Siadek to approve the remaining items on the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 11. Authorization for Reappropriation of Committed Fiscal Year 1984 -1985 Funds. Approve reappropriation of funds Councilman Siadek questioned the late presentation of the reappropriation of funds. Councilman Jacobson and Finance Director, Jose Sanchez stated that the tardiness was in part, attributed to the City's newly adopted computer program. (7) Council Minutes March 18, 1986 fi'74:w, 6743 CALL ITEMS FROM CONSENT AGENDA (continued) Mayor Armstrong left the dias at the hour of 9:55 P.M. Councilman Siadek MOVED, Councilman Jacobson SECONDED to approve the reappropriation of funds for fiscal year 1984 -85. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilman Jacobson, Schuldt, Siadek and Mayor Pro Tem Synadinos NOES: None ABSENT: Mayor Armstrong Mayor Armstrong returned to the dias at 9:58 P.M. 12. Report Regarding Additional Staff in the Finance Department. Approve staff recommendation for the addition of a new accountant position Councilman Jacobson expressed that he realized the department needed additional staff but did not want additional expenditures. City Manager, Nicholas Romaniello stated that the position requested would require no additional funding. Councilman Siadek MOVED, Mayor Armstrong SECONDED to approve the addition of a new accountant position in the Finance Department. MOTION CARRIED BY UNANIMOUS VOICE VOTE. MEW BUSINESS - CITY NAHAGER 2. Request for Study Session for the Purpose of Discussing the Draft for the Senior Citizen Housing Board Operating Agreement. It was the unanimous consensus of Council to hold a Study Session on Thursday, March 20, 1986 at 8:30 A.M. 3. Request for Council Appointment of Council Representative to Attend Independent Cities Risk Management Authority with Staff for the Purpose of Joining Excess Liability Insurance Insurance Pooling Joint Powers Authority. It was the unanimous consensus of Council to appoint Councilman Schuldt with Mayor Armstrong as alternate. NEW BUSINESS - CITY ATTORNEY Request for Closed Session regarding the following items: 54956.9(a) 54957 Hingley vs E1 Segundo Homih-tel vs E1 Segundo Claim of Elmer and Jackie Lowe Samaniego and Romero vs E1 Segundo et al Personnel Matter (8) Council Minutes March 18, 1986 FURTHER NEW BUSINESS - None GOOD OF THE ORDER - None PUBLIC COMMUNICATIONS — ORAL Oscar Robison, 311 W. Acacia Street expressed his opinion on each Councilmembers attributes. Nicky Wislocky, 1208 E. Pine felt Mr. Robison had impuned the Councilmembers reputations. Scot Dannen, 1127 E. Acacia Street reconfirmed his interest in the City's welfare. CLOSED SESSION At the hour of 10:15 P.M. Council adjourned to Closed Session. Councilman Siadek left at 11:15 P.M. Council reconvened in the Council Chambers with all members answering roll call with the exception of Councilman Siadek . Council's "no confidence" vote regarding the City Manager was as follows: AYES: Councilman Siadek and Schuldt NOES: None ABSTENTIONS: Councilman Jacobson, Mayor Pro Tem Synadinos and Mayor Armstrong ADJOURNMENT At the hour of 12:30 A.M. the meeting was adjourned to 8:30 A.M., March 20, 1986 Study Session on the Senior Housing Operating Agreement. APPROVED: ,• 1 CHARLES K. ARMSTRONG, MAYOR (9) I NALD L. HART, CITY CLERK Council Minutes March 18, 1986 6744