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1989 JUL 18 CC MINEL SEGUNDO CITY COUNCIL MINUTES -JULY 18,1989- 7:OOPM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. PLEDGE OF ALLEGIANCE led by Councilman Anderson PRESENTATIONS - NONE ROLL CALL Councilman Anderson- present Councilman Clutter- present Councilman Dannen- present Councilman West- present Mayor Jacobson- present PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. LaVonia Bailey, 630 California St. presented Council and the Director and Parks and Recreation, Bob Wynn with certificates of appreciation for permitting her and the Daughters of the American Revolution to participate in the naming of Constitution Park in El Segundo. 2. Rich Reed, 414 W. Oak gave Council an update regarding his music reforms and gave a brief demonstration with one of his students. 3. Dennis Martin, 722 Indiana Court urged the balancing of the budget and proposed potential ballot measures be considered for the November election. SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Appeal of Resolution 2250 by Gregory Martin, applicant, from the Planning Commission decision to grant a variance with four conditions to allow a reduced side setback and excess floor area for an accessory building at 1531 East Palm. (EA- 1928AR 89 -4). Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing - Appeal of Resolution 2250 by Gregory Martin, applicant, from the Planning Commission decision to grant a variance with four conditions to allow a reduced side setback and excess floor area for an accessory building at 1531 East Palm. (EA- 192/VAR 89 -4). Councilman Clutter stepped down from the dais and left the chambers due to a possible conflict of interest. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing was published by the Legal Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated two letter had been received. One from Roberta Fisher, 1506 E. Palm and another signed by the following. Mr. and Mrs. T. Tynnell, LaVonne A Warfield, Emma Jean Krick, Mary Kish and Steve Kish. Both letters strongly object to the variance request and provided Council with their list of reasons. They urged Council to deny the Variance request. City Clerk Hart read both letters submitted as requested. Mayor Jacobson opened the Public Hearing. Director of Development Services, Lynn Harris stated the property has a total of 9,490 square feet with a 62 foot frontage and existing uses do not exceed lot coverage requirements. Ms. Harris continued by stating that the Planning Commission granted (1) Council Minutes July 18, 1989 SPECIAL ORDERS OF BUSINESS - continued a Variance with conditions to permit continued use of 1) A 945 square foot accessory building that exceed the maximum 600 square feet for accessory building other than garages, as allowed by Section 20.20.010 (2) and 2) The two accessory buildings, a garage and a workshop building, in the rear third of the lot, to intrude into both side setbacks instead of intrusion into one side as allowed by Section 20.20.050 (1). Director Harris concluded by stating the Plans were checked in error and a building permit was issued in error and the building was not properly checked for code compliance. The variance, however, is not an unreasonable request, there is minimal impact to neighbors but urged Council to uphold the Planning Commission decision. Greg Martin, Owner of property at 1530 E. Palm gave Council background information regarding his property, and the reason for the appeal. He stated he would have several problems if his house is declared nonconforming. Urged Council to grant the variance for his property. Doris Evans, 1517 E. Palm stated she was disappointed with the City and the Planning Commission for insinuating that Greg Martin was doing something illegal. Vesta Simmons, 1502 E. Palm concerned that if this variance was granted that the Council will do this for every project. Eileen Green, 1537 E. Palm stated she was not concerned with property values or the variance. Was in favor of the variance. Jack Neil, 729 Washington stated Mr. Morton has cleaned up the property and feels he has enhanced the neighborhood. Asked Council to rule in his favor. J.B. Wise, 519 Matyland expressed concern regarding Councilman Clutter's abstention. Mayor ProTem Dannen MOVED, Councilman West SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West expressed concern regarding City mistakes in this project and the unfortunate circumstances that have resulted. Mayor ProTem Dannen asked the applicant if he would concede to possibly a few conditions to protect the neighbors that will remain. Mr. Martin stated he would like to assist the Council in any way possible to ease the due process. Mayor ProTem Dannen asked Mr. Martin what it would cost to remove the bathroom sink facility and add a dividing wall. Mr. Martin stated he may be willing to build a partition wall, and was unsure of the exact expense. Mayor Jacobson stated he would like Mr. Martin, if his variance is approved and conditions agreed upon, to give the City the right of entry to avoid a potential problem, in the future. City Attorney Dolley confirmed the City's right of entry if approved as one of the conditions. City Attorney Dolley stated that if permission is not granted than a warrant is needed. Councilman Anderson agreed with Mayor ProTem Dannen and stated the condition of removing the sink and building a wall to separate the work area from the parking area was not unreasonable. (2) Council Minutes July 18, 1989 SPECIAL ORDERS OF BUSINESS- continued City Attorney Dolley stated the applicant might agree to a condition or covenant that states a second residential unit would not go on the property and the right of entry could be upheld. City Attorney Dolley suggested a recess so he could present Council with the exact wording for adoption later in the meeting. City Attorney Dolley also suggested the workshop building remain nonconforming. At the hour of 8:36 p.m. Council recessed. At the hour of 8:46 p.m. Council reconvened in the Council Chambers with all members present and answering roll call with the exception of Councilman Clutter. City Attorney Dolley read the following language for the Council Resolution revised from Planning Commission Resolution number 2250: RESOLUTION NO. 3601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING WITH CONDITIONS VARIANCE 89-4, TO ALLOW A REDUCED SIDE SETBACK FOR AN ACCESSORY BUILDING AND TO EXCEED THE MAXIMUM SIZE FOR AN ACCESSORY BUILDING AT 1531 EAST PALM AVENUE; PETITIONED BY GREGORY A. MARTIN. Attorney Dolley stated that inserted into the resolution would be "whereas a public hearing was held by the City Council for the purpose of receiving public testimony. Wherever "Planning Commission" appears in the document "City Council" would be replaced. On page two, NOW THEREFORE BE IT RESOLVED that the City Council hereby approves Variance 89 -4 subject to the conditions listed as well as the following additions: 1. The workshop building submitted as such would be listed as non - conforming. 2. The aforementioned workshop or any portion thereof shall not be used as a dwelling. 3. To insure compliance with the above, no enlargement or alterations will be allowed unless the required zoning codes are complied with; 4. The City or its employees may at enter at any time, to inspect the building for compliance with these conditions; 5. The property owner shall file a Covenant with the County Recorder. Councilman West MOVED, Councilman Anderson SECONDED to waive further reading. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Dannen, West and Mayor Jacobson NOT PRESENT AND NOT VOTING: Councilman Clutter Councilman Anderson MOVED, Councilman West SECONDED to adopt with conditions as stated. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Dannen, West and Mayor Jacobson (3) Council Minutes July 18, 1989 SPECIAL ORDERS OF BUSINESS- continued NOT PRESENT AND NOT VOTING: Councilman Clutter Councilman Clutter returned to the dais at 8:39 p.m. UNFINISHED BUSINESS - NONE REPORTS OF COMMITTEES, BOARDS AND COMNIISSIONS - NONE 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. 1. Called for discussion by Mayor ProTem Dannen 2. Finishing and Application of Slurry Seal at Various Locations /PW 89 -1 Accept the work as complete from Roy Allen Slurry Seal Approve plans and specifications and authorize staff to advertise for Accept Atlantic Richfield Company's bid for $191.01 /acre foot for leasing of the City's Water Rights for the 1989 -90 fiscal year and authorize the Mayor to sign the letter of agreement. 5. Addition of Plan Check Consultant to approved list for Building Safety Division Approve contract of Matter Golavico & Associates in accordance with City Council procedure adopted January 17, 1989. 6. Request for change in the Administrative Code to provide for an addition of Approve addition to the Administrative Code. 7. Resolution for Limited and Temporary Authority to expand funds of the city resolution [FI - RESOLUTION] 8. Warrants Nos.21196 -21386 Demand Register Summary Number 28 in total amount of $748,951.81 Approve: Warrant Demand Register and authorize staff to release check. Ratify: Payroll and Employee Benefit Checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. Councilman Clutter MOVED, Councilman West SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 1. Annual Renewal of Excess Workers Compensation Insurance with General Republic Corporation for the period of July 1, 1989 through June 30, 1990 for $40,000. Approve staff recommendation Mayor ProTem Dannen asked if it was possible for other bid brokers to solicit the City for this type of Insurance. Interim Finance Director, Stark stated it was conceivable and possible. (4) Council Minutes July 18, 1989 CALL ITEMS- continued Mayor ProTem Dannen asked Council to consider other brokers in the future for this insurance next year. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to approve staff recommendation and direct staff to pursue the bid process for this insurance for next year. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS -CITY MANAGER - NONE NEW BUSINESS -CITY ATTORNEY - NONE COUNCIL ERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Read a letter of commendation received from Mrs. Cravens Douglas Hansen commending the City Police and Fire Departments on their prompt response to a citizen in distress. - Councilman Clutter 1. Discussion of advantages and disadvantages of rotating the position of Mayor. Wanted to relieve the embellishment of the office of the Mayor and dissuade persons from thinking the position of Mayor holds any greater authority than any other member of the Council. Suggested each Councilmember chair the meetings by rotating the position. Councilman Anderson was not in favor of rotating the Mayor position and stated the Mayoral position provides a considerable amount of continuity to the City Council, City Staff and community. Councilman West agreed with Councilman Anderson. - Councilman West- Nothing -Mayor Pro Tem Dannen Distributed copies of spread sheets and gave a brief overhead presentation with regard to the Payroll Expense Tax. Suggested securing the right -of -way from Southern California Edison running along Illinois Street from Pine to Holly and creating a park to alleviate the weed problems. The Cith Attorney advised Council to refer this matter to the Recreation and Parks Commission. Asked Council to develop a Code of Ethics to ensure the Council is above reproach. Suggested it cover campaign funding, conflict of interest and possibly interfacing with staff action. Asked that this be placed on the next Agenda for discussion. -Mayor Jacobson Requested the City Clerk and City Attorney to provide the Council with any relevant documents which would assist the Council in drafting a Code of Ethics. The Mayor requested this material be received before the August 1, 1989 Council Meeting or in the Council packets on July 26,1989. (5) Council Minutes July 18, 1989 PUBLIC COMMUNICATIONS -(fifty Business Only- 5 minute limit) 1. Dennis Martin, 722 Indiana Court urged Council to proceed with the Code of Ethics issue. Suggested a measure be placed on the November Ballot with regard to the Payroll Tax. MEMORIALS - CHARLES "CHIP" ARMSTRONG who died July 7, 1989. CLOSED SESSION Pursuant to the California Government Code a Closed Session will be held on the following matters: GC 54956.9(a) -City a party to pending litigation CITY OF LOS ANGELES VS CITY OF EL SEGUNDO KILROY VS CITY OF EL SEGUNDO AMERICAN GOLF VS CITY OF EL SEGUNDO HOMETEL VS CITY OF EL SEGUNDO GC 54956.9(b) -City might have significant exposure to litigation 1 MATTER GC 54957 - Personnel Matters 1 MATTER At the hour of 9:50 p.m. Council adjourned to the Mayor's Office for a Closed Session. Mayor ProTem Dannen left Closed Session at 10:55 p.m. and entered the Council Chambers. At 11:10 p.m. Council reconvened in the Council Chamber with all members present and answering roll call. City Attorney Dolley announced there were no announcements regarding actions taken in Closed Session. City Attorney Dolley read the conditions of Council Resolution No. 3601 (formerly Planning Commission Resolution No. 2250) as discussed and adopted earlier in the meeting for reconsideration. The City Council approved by consensus Variance 89 -4, subject to the following conditions: 1. That the "workshop building" designated on drawing A2255 submitted as part of the record before the City Council is hereby declared nonconforming; 2. That neither the "workshop and garage buildings" nor any portion thereof, shall be used for dwelling purposes; 3. That no enlargement of the workshop or garage buildings shall be allowed and that any alteration to such buildings shall require Zoning Code compliance; 4. That the City or its employees may, at any time, enter the property for purposes of inspection to ensure compliance with this Resolution; 5. That the property owner shall record a Covenant (deed restriction) to run with the land with the County Recorder; the Covenant shall include the conditions of this Resolution; 6. That the property owner shall furnish proof of recordation of the Covenant to the Planning Department prior to issuance of a Certificate of Occupancy. ADJOURNMENT At 11:40 p.m. Council adjourned. RECORDED, RONALD L. HART CMC, CITY CLERK (6) Council Minutes July 18, 1989