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1989 APR 05 CC MINEL SEGUNDO ADJOURNED CITY COUNCIL MEETING -APRIL 5,1989- 7:00PM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson. PLEDGE OF ALLEGIANCE led by Councilman Clutter ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman West - present Mayor ProTem Dannen - present Mayor Jacobson - present PUBLIC COMMUNICATIONS (City business only -5 minute limit) IT WAS THE CONSENSUS OF COUNCIL TO TAKE THIS ITEM OUT OF ORDER. UNFINISHED BUSINESS 1. Presentation of Conceptual Ordinance Regarding Smoking in the City of E1 Segundo. Continued from April 4, 1989 Council Meetina. Study Session for discussion regarding preliminary draft of ordinance and at Council's pleasure, addition, amendments, deletions to the ordinance prior to introduction. Mayor ProTem Dannen expressed concern for providing for the majority as well as the minority smokers. George Wiley. Rockwell Employee was in favor of Council's approach and regulation in all areas of the model draft ordinance. Mr. Wiley stated most corporations offer employee programs encouraging non - smoking. City Attorney Dolley stated the proposed ordinance prohibits smoking in businesses with 5 or more employees. Ed McCarroll. President Non - Smokers. Proiect E1 Segundo offered a few points of clarification on employees numbers. Mayor ProTem Dannen suggested writing an ordinance for the City and then redefine the present smoking policy for City Hall. Councilman West suggested eliminating small eating establishments from the ordinance and allowing each to act on their own. Bob Stern. Representative of Nonsmokers Rights gave comments on smoking ordinances and their effects on the Cities of Santa Monica and Los Angeles. Council consensus decided to require restaurants with 40 or more seating to provide smoking and non - smoking sections; and those restaurants that are under 40 to post a sign indicating a smoking or nonsmoking establishment. Council Minutes April 5, 1989 UNFINISHED BUSINESS (continued) Wendy Wallace of Wendy's Place. 107 W. Grand stated she had already posted a sign indicating her restaurant is a smoking establishment. It was the consensus of Council to begin restriction of employers with five or more employees. Council directed the City Attorney to incorporate their philosophies in a draft ordinance and to present it to Council for possible introduction at the regular City Council meeting of April 18, 1989. At the hour of 8:33 p.m. Council adjourned. At the hour of 8:40 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. SPECIAL ORDERS OF BUSINESS Councilman Clutter stepped down from the dais and did not vote or participate in the following discussion. 1. Public Hearing on R -3 Zone Test Amendment- Proposed revised amendment to the R -3 Zoning Code from Planning Commission including: a.Reduce allowed density of development for apartments from one dwelling unit per 1000 sq. feet of lot area to one dwelling unit per 1500 sq. feet of lot area. b.Set the allowed lot coverage for all types of units at 50 %. c.Increase the maximum front yard setback to 25 feet. d.Measure building height from existing grade rather than finished grade. e.Encourage alley access. f.Stepping back of upper stories g.Modulating wall surfaces h.Permit condominium development on all standard size (5,000 square feet) and larger R -3 lots. Continued from the Regular City Council Meeting of April 4, 1989, 7:00 PM. Council Clutter did not participate and left the Council Chambers in the following discussion due to conflict of interest. Mayor Jacobson announced that this was the time and place heretofore fixed for the continued Public Hearing on R -3 Zone Test Amendment- Proposed revised amendment to the R -3 Zoning Code from Planning Commission including. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been published in a timely manner by the Planning Department. Mayor Jacobson asked if any public communication had been received. City Clerk Ron Hart stated a letter was received from Richard W. Petersen and Dolores Petersen opposing the proposed plans to change the R -3 zoning change; and a letter was received from Ardeth L. Mullins also opposing the proposed R -3 zoning change. Also a letter from Mr. and Mrs. Turino, who had submitted their letter to the City Clerk, that had previously been submitted to Council (2) Council Minutes April 5, 1989 SPECIAL ORDERS OF BUSINESS (continued) Mayor Jacobson opened the public hearing. Council opened the public hearing for Council discussion and public input. Councilman West expressed concern regarding the need for one bedroom and preferred apartment space as opposed to Townhouse or condominiums with 55% lot coverage. Councilman West asked Director Harris a number of questions regarding height limitations. Councilman Anderson suggested maintaining a 20ft setback and 52- 53% lot coverage for all buildings. Councilman Anderson also expressed concern regarding building sharing and common driveway. Mayor Jacobson suggested that wherever the word "Director of Planning" is mentioned in the document be revised to say "Director of Community Development ". It was the consensus of Council to provide wording in the document that a minimum of four condos or town home units be built and if the property owner wishes to build less, they must build apartment units. Also included in the document was an addendum to require a minimum of four condos to a lot and 9 foot wide parking stalls. John Fowler, E1 Segundo Resident asked Council to reconsider the restriction on condo developing. It was the consensus of Council to accept the ordinance as presented with the removal of Section 20.24.224, (Filing of Agreements) and removal of 20.24.020 (2) (c) (Tandem Parking), in its entirety; wherever the word "Director of Planning" is mentioned in the document be revised to say "Director of Community Development; a 20ft average set -back be retained; a minimum of 52% lot coverage and minimum number of units in a condominium project be reduced to three. Mayor ProTem Dannen was concerned about encouraging Tandem parking and wanted to maintain a 20 foot set back. Mayor ProTem Dannen preferred 52% lot coverage and wanted 9 foot wide parking stalls. Council confirmed with the City Attorney the effective date of the ordinance would be thirty (30) days after its second reading. City Attorney Dolley stated all property will be effected unless they have vested rights (work started) as of that date. City Attorney Dolley suggested a factual statement drawn to be stated to those persons whose submitted plans might not complete processing procedures by the second reading of the subject ordinance. Mayor ProTem Dannen MOVED that it was the intent of the Council to have this ordinance go into affect (30) days after second reading and applies to all applicants who do not have vested rights, Councilman Anderson SECONDED. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: (3) Council Minutes April 5, 1989 SPECIAL ORDERS OF BUSINESS (continued) AYES: Councilmen Anderson, Dannen and Mayor Jacobson NOES: Councilman West NOT PRESENT AND NOT VOTING: Councilman Clutter City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) RELATING TO CERTAIN DEFINITIONS THEREIN; RELATING TO CHAPTER 20.24 RESIDENTIAL 3 (R -3) ZONE; AND RELATING TO CHAPTER 20.54 ON -SITE PARKING AND LOADING. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to waive further reading and include all changes as directed by Council.MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Mayor ProTem Dannen introduced. AYES: Councilmen Anderson, Dannen and Mayor Jacobson NOES: Councilman West NOT PRESENT AND NOT VOTING: Councilman Clutter 1. Recommendation for determination of how projects in process are affected by revised R -3 Ordinance. Director of Development Services, Lynn Harris stated staff's recommendation is to allow all projects submitted to the Development Services Department plan check /or plan review process on or before February 23, 1989 to proceed under the old regulations. City Attorney Dolley stated the policy of Vested Rights applies. It was the consensus of Council to approve this item. At the hour of 10:05 p.m. Councilman Clutter returned to the dais. 2. Summary of Potential Title 20 (Zoning) Code Compliance /Enforcement Proaram Areas. Director of Development Services, Lynn Harris stated seven potential enforcement /compliance program areas requiring review are as follows: Illegal residential units Property maintenance (4) Council Minutes April 5, 1989 NEW BUSINESS - CITY MANAGER (continued) Unpermitted uses in residential zones, including home occupations Adverse impacts of construction activity Overheight hedges and fences -- both in front yards and within street corner vision triangles Front yard parking Property maintenance in commercial areas, particularly the Smokey Hollow area. Mayor ProTem Dannen stated his priorities were Illegal Residential Units and Unpermitted Residential Uses in the R -3 Zone. Mayor Jacobson preferred Illegal Residential Units and Front Lawn Parking. Councilman Clutter suggested citing properties and or /owners for violations and request compliance. It was the consensus of Council to direct staff to submit an article to the local newspaper informing the public of this information and the City's intention to cite only if necessary. 3. City's Fiscal Condition:Reduction Policies and New Revenue Policies. Council direction and action IT WAS THE CONSENSUS OF COUNCIL TO TABLE THIS ITEM TO THE NEXT COUNCIL MEETING OF APRIL 11, 1989 NEW BUSINESS- CITY ATTORNEY - NONE COUNCII24EMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Reported on a recent DESI Board Meeting. - Councilman Clutter Announced the FAA testing program beginning Thursday, April 6, 1989. - Councilman West - NONE -Mayor Pro Tem Dannen Asked staff the status of Feasibility Report on privateering the plunge. -Mayor Jacobson - Asked that a discussion of common driveways in the R -3 Zone with recommendation for possible action be placed on the next City Council meeting of April 11, 1989. PUBLIC COMMUNICATIONS- (City business only -5 minute limit) - NONE MEMORIALS - NONE (5) Council Minutes April 5, 1989 CLOSED SESSIONS Pursuant to the California Government Code a Closed Session will be held on the following matters: GC 54956.9(b) (City might have significant exposure to litigation 2 matters At the hour of 11:10 p.m. Council adjourned to the Mayor's Office for a Closed Session. At the hour of 11:50 p.m., Council reconvened in the Council chambers with all members present and answering roll call. City Attorney Dolley announced that no actions were taken in Closed Session. ADJOURNMENT At the hour of 12:10 a.m. Council adjourned to April 11, 1989. RECORDED, RONALD L. HART CMC, CITY CLERK (6) Council Minutes April 5, 1989