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1987 JUL 07 CC MINEL SEGUNDO CITY COUNCIL - SPECIAL MEETING - July 7, 1987 CALL TO ORDER The E1 Segundo City Council convened in a Special Session on Tuesday July 7, 1987,5 :30 P.M. in the Council Chambers of the E1 Segundo City Hall. ROLL CALL was taken by City Clerk Ronald L. Hart Councilman Anderson - present Councilman Jacobson - present Mayor Pro Tem Schuldt - present Councilman West - present Mayor Siadek - present NEN ROSINESS Council adjourned to the West Conference Room of City Hall to interview candidates for the Recreation 6 Parks Commission. The following applicants were interviewed: DARVIN WESTON FRED ROBERTS SANDY JACOBS KATHRYN JANE JACOBS JAMES C. KREBS RALPH RIDDLE Council reconvened at 6:58 p.m. in the Council Chambers with all Council - members present and answering roll call. ADJOURNMENT At the hour of 7:00 P.M. the meeting was adjourned. RECORDED, RONALD L. HART CITY CLERK Council Minutes July 7, 1987 REGULAR CITY COUNCIL MERTING -Jul) 7, 1987 -7:00 P.M. CALL TO ORDER at 7:00 p.m. by Mayor Siadek. INVOCATION Floyd Carr, Jr., President, Chamber of Commerce PLEDGE OF ALLEGIANCE led by Theresa LaCaze, the new Sister City Queen. PRESENTATIONS Councilman Alan West presented the City with a plaque designating E1 Segundo as a Bi- Centennial Community. ROLL CALL Councilman Anderson - present Councilman Jacobson - present Mayor Pro Tem Schuldt - present Councilman West - present Mayor Siadek - present PUBLIC COMMUNICATIONS 1. Marie Durkos, 331 Concord St. thanked Council for the finalization of the Senior Citizen Housing Project and inquired about the liability insurance coverage for the prospective tenants. SPECIAL ORDERS OF BUSINESS 1. Public Hearin¢- Request for Variance to Permit a Lot Split Subdivision at 1419 E. Mariposa Avenue 87 -5 (Parcel Map No. 18682)/ Variance 87 -6 Request to subdivide one 10,360 sq. ft. lot into two 40.77 ft. wide 5,180 sq. ft. lots in the R -1 zone at 1419 E. Mariposa; and concurrent request for a variance for relief from the lot of record date requirement; petitioned by Herman McDown /£rank Sabatasso. Mayor Siadek announced that this was the time and place heretofore fixed for a public hearing for a request for variance to permit a Lot Split Subdivision at 1419 E. Mariposa 87 -5 (Parcel Map No. 18682). Request to subdivide one 10,360 sq. ft. lot into two 40.77 ft. wide 5,180 sq. ft. lots in the R -1 zone at 1419 E. Mariposa; and concurrent request for a variance relief from the lot of record date requirement; petitioned by Herman McDown /Frank Sabatasso. The Mayor asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice had been published by the Legal and Planning Departments. Mayor Siadek asked if any written communication had been received. City Clerk Hart stated he had received a petition opposing the lot split signed by 126 residents, a letter from Emma Jean Creek opposed to the granting of the variance and 3 letters in favor of the lot split from Mrs. Walker, John and Anna Armstrong and Florence Crawford. Council Minutes July 7, 1987 SPECIAL ORDERS OF BUSINESS (continued) Planning Director Lynn Harris presented Council with a zoning ordinance brief in regards to the subject property petitioned by Herman McDown. She reviewed with Council the Planning Commission's public hearing on this matter which took place on May 14 and 28, 1987. Director Harris stated that at the May 28, 1987 Planning Commission meeting the commission voted two in favor, two opposed, and one abstention, therefore their vote was a "no decision" and was transmitted to City Council for final review. The Planning Department's recommendation was to approve the proposed subdivision and variance request based on the findings and subject to the conditions outlined in the Planning Commission staff report dated May 28, 1987. Mayor Siadek opened the public hearing to public input. 1. Jane Conley, 726 Lomita St. was in favor of granting a variance for benefiting the City and the school district. 2. Herman McDown, 1419 E. Mariposa requested Council's approval on the subject variance for his property. He cited examples of City lots that were previously split and approved. 3. Walter Voegtli, 1425 E. Mariposa requested Council vote against the lot split. He opposed the variance because it ignored the 50' minimum regulations as stated in the City's Municipal Code; the variance was contrary to the City's General Plan and it directly ignored the recommendation of the Citizen Advisory Committee to the General Plan submitted April 30, 1987. 4. Murko Cvejic, 1510 E. Elm St. requested Council to authorize a new Environmental Study regarding our City's future changes with regard to both residential and industrial. 5. Marilyn McDown, 1419 E. Mariposa St stated she was in agreement with her husband and requested Council's aproval of the variance requested. 6. Gert Voegtli, 1425 E. Mariposa Ave. opposed the lot split based on the "trend" she felt was occuring in the City. She presented a petition that was signed by 125 residents in opposition of the proposed lot split. 7. Williard Krick, 1414 E. Mariposa was opposed to the granting of the variance and that the Planning Commission should have made the decision. He questioned the parliamentary procedure that took place at the May 28, 1987 Planning Commission Meeting. City Attorney Dolley responded that it was under the Chair's order and the City Council and Plannirg Commission are not required to operate under Robert's Rules of Order. Attorney Dolley added that in 1979 the Fair Political Practices Act required when someone had a conflict of interests with a subject matter to be voted on, they not participate in the final vote. A 2 -2 vote at the City Council or Planning Commission level is "no- action", and the person abstaining due to a conflict of interest cannot be called upon to break the tie. 8. LaRae Flynn, 309 W. Sycamore presented verbal documentation to Council regarding properties in the subject area. City Attorney Dolley informed Council that certain facts and circumstances that had been presented by Ms. Flynn could lead to litigation and that it would be Council's priviledge under the Brown Act to call a Closed Session to discuss the legal ramifications of possible decisions made regarding this matter. (2) Council Minutes July 7, 1987 SPECIAL ORDERS OF BUSINESS (continued) At the hour of 8:07 p.m. Council adjourned to the Mayor's Office for Closed Session on the above matter. At the hour of 8:15 p.m. Council reconvened in the Council Chamber's with all members present and answering roll call. 9. Peggy Tyrrell, 1425 E. Oak opposed the lot split and agreed with City Manager Jone's position on the variance. 1O.Gary Schultz, 217 E. Oak stated interests of long term residents should be considered and was in favor of the lot split. 11.Walter Voegthli, 1425 E. Mariposa questioned the validity of the records presented by LaRae Flynn. 12.Gert Voegtli, 1425 E. Mariposa questioned whether the proposed homes to be built would be affordable to young families. Seeing no further public input, it was the consensus of Council to close the public hearing. Mayor Pro Tem Schuldt stated the lot did not meet the specifications for warranting a variance and stated if our code isn't right then it should be changed. Fie also stated it would set a precedent. Councilman Jacobson stated the variance did not meet all the criteria required. Councilmen West and Anderson and Mayor Siadek expressed that the property owners in question should be allowed the same rights as others in the same area have received. Councilman West MOVED, Mayor Siadek SECONDED to approve the Parcel Map and variance for property at 1419 E. Mariposa Avenue, in the R -1 Zone. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, West and Mayor Siadek NOES: Councilmen Jacobson and Schuldt UNFINISHED BUSINESS - None At the hour of 8:45 p.m. Council recessed. At the hour of 8:47 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 1. Senior Housing Corporation Board vacancies: (a) Consider recommendation of Board to re- appoint Christine Sherrill to a new term expiring June 30, 1991. (b) Consider procedure for filling vacancy caused by expiration of term of William Busick; term to expire June 30, 1991. Councilman Anderson MOVED, Mayor Pro Tem Schuldt SECONDED to re- appoint Christine Sherrill to a new term expiring June 30, 1991. MOTION CARRIED BY UNANIMOUS VOICE VOTE In reference to the procedure for filling the present vacancy; this matter will be reviewed by Council at the next Council Meeting. (3) Council Minutes July 7, 1987 CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Presentation of Resolution implementing non - resident paramedic transport fee of $120 Der transported Datient. effective August 1. 1987 of Fire Department Clerk- Typist position to Administrative Clerk. 2. Warrant Nos. 9007 -9250 on Demand Register Summary No. 27 in Total Amount of $1,228,790.79 and Warrant Nos. 8785 -8997 on Demand Register Summary No. 25 in Total Amount of $927,578.52 Ratify and Approve 4. Bid #0187 - Toilet Tissue and Towels Award to Low Overall Bidder - Unisource for $5,602.97 5. Bid #2486 - Defibrillator for Paramedic Use Award to Only Bidder - Physio Control for $8,722.35 8. Request for Council Action - Recommendation to Adopt Resolution Requesting Los Angeles County to Allocate County Aid to Cities Funds for Fiscal Year 1987 -88 in the amount of $23,494.00. Adopt Resolution 9. Approval of contract with Jim Hinzdell Associates to prepare Draft EIR for EA -130 Sepulveda /Mariposa Office Building at 600 N. Sepulveda Blvd. Approve contract 10. Senior Housing Project - Approval of Contract Amendments #85025 through #85050 and Acceptance of the Work for Construction of 97 unit facility at 615 Holly Avenue by Ellias Construction Co., Inc. Approve contract amendments; accept the work. 11. Recreation and Parks Commission Recommendation for Development of Washing- ton Park to Include Track for Use of Battery - Operated Model Cars. Approve 12. Regular City Council Meeting Minutes - June 15, 1987. Approve as written. Mayor Siadek requested item number 3 be removed, Councilman Anderson requested item number 6 be removed and City Manager Jones requested item number 7 be removed for discussion. Mayor Pro Tem Schuldt MOVED, Councilman West SECONDED to approve the remaining items on the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 3. $600 Contribution from Rotary Club for Police Canine Program Accept Mayor Siadek wanted to thank the Rotary Club on behalf of Council and the City. Mayor Siadek MOVED, Mayor Pro Tem Schuldt SECONDED to approve item number 3. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (4) Council Minutes July 7, 1987 CALL ITEMS FROM CONSENT AGENDA (continued) 6. Renewal of Excess Workers Compensation Policy for the Period July 1, 1987 through June 30, 1988 Award to General Reinsurance Corporation Councilman Anderson questioned the revised cast breakdowns of the bidder in question and wanted to be assured that procedure was met. Finance Director Jose Sanchez clarified the procedure for Councilman Anderson. Councilman Anderson MOVED, Mayor Pro Tem Schuldt SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Jacobson requested Mr. Jones check to be sure proper procedure was followed. Request for Council Action — Recommendation Regarding Setting of Date for Hearing Regarding Abatement of Weeds, Rubbish, Refuse and Dirt. July 21, 1987. Adopt Resolution City Manager Art Jones stated that Council had changed the public hearing date for abatement to August 4, 1987. Mayor Siadek MOVED, Councilman Anderson SECONDED to adopt the Resolution and set the hearing date for August 4, 1987. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW NOSINESS —CITY MANAGER 1. Approve Memorandum of Understanding with Teamsters Local 911 for the El Segundo Firefighters' Association and Implementing Documents City Attorney Dolley read the title of the following: RESOLUTION NO. 3580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 1A4.010, 1A4.020, IA4.085, 1A4.120. IA4.140, IA4.145, 1A4.148, 1A4.155, 1A4.190, AND 1A4.196; ADDING SECTIONS 1A4.011, 1A4.012, 1A4.015, 1A4.016, 1A4.021, 1A4.022, AND 1A4.197; AND DELETING SECTIONS 1A4.025 AND 1A4.142 OF CHAPTER IA4 (FIRE SAFETY SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE, TITLE 1A. Mayor Pro Tem Schuldt MOVED, Councilman West SECONDED to waive further reading and adopt. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Consider request of E1 Segundo Unified School District for use of City's surplus portable building to operate a child care program at Center Street School. Councilman Jacobson MOVED, Councilman Anderson SECONDED to approve request. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 3. Recommendation of Fire Chief to defer indefinitely the adoption of Appendix 1 —A of the Uniform Fire Code. City Manager Jones stated that Fire Chief Marsh recommended Council defer indefinitely the adoption of Appendix 1 —A of the Uniform Fire Code as he is confident that the provisions in the Uniform Building Code can adequately take care of any problems that may occur in existing structures. (5) Council Minutes July 7, 1987 HEY BUSINESS —CITY NANACEB (continued) Mayor Pro Tem Schuldt MOVED, Councilman West SECONDED to approve the recommendation of Fire Chief Marsh. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Schuldt, West and Mayor Siadek NOES: Councilman Jacobson 4. Interim report on implementation of Sewer Service Fees. City Manager Art Jones informed Council that they were not in a position to act on this matter even though the City has now received the City Attorney's response from the State Water Resources Control Board Division of Clean Water Grants. Mr. Jones summarized that, based on a letter from Mr. Frank Peters of the State of Water Resources Control Board, the Council is in a position to implement the sewer service fees. Mr. Jones proposed to bring back to Council at the next meeting a recommendation to both implement those fees and increase fees as proposed during the budget process. City Attorney Dolley stated he will also have a full written report for Council with regards to this matter at the next Council Meeting. 5. Presentation of report on adoption of Utility User Tax. City Manager Jones provided Council with a brief history and description of how the Utility User Tax is applied, estimated revenue that could be generated and reviewed the impact on the various users. Mr. Jones informed Council that in order to implement, a two— thirds vote approval to place this matter on the ballot for voter consideration and subsequently receive a majority vote of approval by the electorate. The matter could be handled by the County of Los Angeles General Election on November 3, 1987, in which the E1 Segundo School District participates in order to avoid the expense of a "Special Election" by the City. In order to meet the deadline to participate in the County Election, Council has to make a decision by the first Council meeting in August, 1987. Mr. Jones recommended that Council approve the implementation of a Utility User Tax at an initial vote of 4% and that staff be directed to take the appropriate steps to develop ballot measure to be voted on by the El Segundo electorate during the Novemeber 3, 1987 Election. Council discussion ensued regarding the faults on the Utility User Tax. Mayor Pro Tem Schult MOVED, Councilman Anderson SECONDED to prepare an ordinance for the Utility User Tax to be put on the November 3, 1987 ballot. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Jacobson, Schuldt and West NOES: Mayor Siadek Mayor Siadek expressed concern that the City has not exhausted other alternatives for revenues. 6. Presentation of report submitting the question of increasing per capita business registration fees for businesses with fewer than ten employees to voters at the November 3, 1987 election. It was the consensus of Council to table the discussion of this item for a later date. (6) Council Minutes July 7, 1987 HEW BUSINESS — CITY MANAGER (continued) 7. Presentation of report on adoption of fees for recreation programs. Dick Croxall, Chairman of the Recreation and Parks Commission Commissioner Croxall was in consensus that the City should not start with raising fees from the Recreation programs if possible, for revenues. The Commission had provided implementation of fees in the following order: 1) Identification cards 2) Picnic area reservation fees 3) reservation fee for Library Park 4) Recreation class administration fees 5) Athletic field lighting fees 6) Recreation Swimming and handball /racquetball court reservation fees. The Commission did not recommend basketball /volley —ball gym fee, and wanted to clarify that the Commission wanted item number 6,to be very low on their priority list. Cindy Campeau, 1205 E. Maple did not want recreation fees unless it was absolutely necessary and asked Council to seek out other alternatives. Judy Kolar, 632 W. Mariposa concurred with Cindy Campeau and Dick Croxall. It was the consensus of Council that the City should review other alternatives before implementing recreational fees. 8. Report on results of Annual Spring Clean —up Week and Hazardous Materials Consensus of Council to receive and file this item. 9. Report on alternatives to existing refuse collection practices, including franchised collection. Don Harrison, Assistant to the City Manager reported to Council on the City's Authority to effect such a franchise and any restrictions on that authority, as well as the revenue potential of such an arrangement. Mr. Harrison identified for Council areas of refuse collection and presented a grouping of proposed alternatives: a) franchise refuse hauling, b) restructure business registration fee for refuse haulers, c) retain status quo. Council directed staff to develop request for proposed regarding City refuse collection and franchising possibilities. NEW NOSINESS — PUBLIC WORKS NONE HEW BUSINESS — CITY CLERK 1. Results of Canvass of Signatures of Initiative to Establish a Reasonable Limits Ordinance City Clerk Ron Hart informed Council as to the due dates to meet the County November election. It was the consensus of Council to address this matter at the next Council Meeting. NEW BUSINESS — CITY ATTORNEY NONE FURTHER NEW BUSINESS 1. City Manager Jones stated he would report on the Caltrans I -105 Freeway Project at the next Council Meeting of July 21, 1987. (7) Council Minutes July 7, 1987 GOOD OF THE ORDER NONE PUBLIC COMUNICATIONS —ORAL (5 dne.te licit) NONE MEMORIALS - Harry Lamont, Retired City Parks Superintendent CLOSED SESSION City Attorney Dolley noted that Councilman West and Mayor Siadek would not participate in Lansberg vs E1 Segundo under Subsection A. Pursuant to GC 554956, a Closed Session will be held on the following matters: Subsection A: Kilroy v. El Segundo Shelton v. E1 Segundo Continental v. E1 Segundo Lansberg v. E1 Segundo Subsection B: Four matters Subsection C: Three matters At the hour of 10:30 p.m. Council adjourned to the Mayor's Office for Closed Session. Mayor Siadek and Councilman West left Closed Session and the building at at 11:15 p.m. At the hour of 11:30 p.m. Council reconvened in the Council Chambers with all members present and answering roll call with the exception of Mayor Siadek and Councilman West. Mayor Pro Tem Schuldt announced that no actions were taken in Closed Session. ADJOURIMENT At the hour of 11:31 p.m. Council adjourned. RECORDED, QNAILDL. HART. CITY CLERK (8) Council Minutes July 7, 1987