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1989 NOV 07 CC MINEL SEGUNDO CITY COUNCIL ADJOURNED MINUTES -NOV. 7, 1989 - 5:30PM CALL TO ORDER by Mayor Carl Jacobson at 5:30 p.m. PLEDGE OF ALLEGIANCE led by Councilman Clutter ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman Dannen - present Councilman West - absent Mayor Jacobson - present PUBLIC COMMUNICATIONS None SPECIAL ORDERS OF BUSINESS 1. PRESENTATION ON THE SAN FRANCISCO EARTHQUAKE Council review and discussion Emergency Preparedness Presentation by the Police, Fire and Development Services Departments. Councilman West arrived in the Council Chambers at 5:55 p.m. ADJOURNMENT Council adjourned at 6:45 p.m. RECORDED BY RONALD L. HART, CMC, CITY CLERK EL SEGUNDO CITY COUNCIL MINUTES NOVEMBER 7,1989- 7:OOPM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION Dr. J. Howard Greer, Pacific Baptist Church PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen PRESENTATIONS 1. Council recognized City Employee of the Month -Bob Flickinger- Firefighter 2. Councilman Clutter proclaimed Youth Appreciation Week- November 12 -18, 1989 3. New Employees were introduced from the following departments: Development Services - Larry Vivian, Utility Manager Sarah Rotanian, Assoc. Planner Finance Department - Eunice Kramer Kim Himeback, Purchasing Agent Gwen Eng, Administrative Assistant Ron Murray, Designate Utility Biller Police Department - Walt Williams, Police Officer Bob Turnbull, Police Officer Rex Fowler, Police Officer 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. Gerhardt VanDrie, 724 W. Pine, announced that on Wednesday, November 14, 1989 at 7:00 p.m. at the El Segundo Women's Club there will be an Odor Control Presentation given by Hyperion. 2. John Van Hook, 717 W. Mariposa, Chairman of SEE, reiterated his concern for the Hyperion expansion and reconfirmed his sense of urgency. 3. Jerry Fine, 737 W. Mariposa expressed concern regarding the Hyperion expansion and made reference to the potential for liquefaction at the plant should a major earthquake occur. SPECIAL ORDERS OF BUSINESS 1. Public Hearing- Appeal of the Planning Commission's denial of Environmental Assessment AA -194, Variance 89 -5 (2335 Alaska Avenue), requested variance to loading, landscaping and parking requirements. Applicant: Aura Systems, Inc. Uphold the Planning Commission decision for denial. (1) Council Minutes November 7, 1989 SPECIAL ORDERS OF BUSINESS - continued Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Appeal of the Planning Commission's denial of Environmental Assessment EA -194, Variance 89 -5 (2335 Alaska Avenue), requested variance to loading, landscaping and parking requirements. Applicant: Aura Systems, Inc. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been given by the Development Services Department. Mayor Jacobson asked if any written communication of the hearing had been received. City Clerk Ron Hart stated one letter had been received from Donald Alec Barany of Donald Alec Barany Architects, Inc. in support of the appeal. City Manager Cano stated the basis for the denial was there were no extraordinary circumstances which existed to warrant granting a variance. Mayor Jacobson opened the Public Hearing. 1. Donald Barany, Architect, 1434 6th St., Suite 9, Santa Monica stated that there was extenuating circumstances. The building was an appendage of the existing building and the problems that exist with one create an extraordinary situation. The building cannot be utilized for its intended use without the installation of a freight elevator. This elevator would assist in the moving of awkward and heavy equipment to the first and second floors. Mr. Barany stated this business is a Research and Development firm doing business similar to Hughes Aircraft. Mr. Barany concluded by saying that Aura Systems had inherited a condition that cannot be solved without a variance being granted. 2. Gus Arterberry, Vice President of Development Services of Aura Systems, 6033 W. Century Blvd., Los Angeles, stated his company made a large investment and the hardship faced is simply the lack of accommodations for access and urged Council to consent to his appeal. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE Council discussion ensued regarding the need for a variance and if extraordinary circumstances exist. Lynn Harris, Director of Development Services stated this was a question of economics. The tenant's choice for the elevator site was purely convenience. The project was built for a specific purpose with minimum code standards. It meets C- M codes for parking and open space. The tenant is requesting an additional 830 square feet but they are not providing the required number of parking spaces with that additional footage. The building has never been occupied and if the variance is granted it will create a nonconforming use. Councilman West asked if there was any way to grant the applicant's request that would enable him to alter his property without compromising the City regulations. Director Harris stated the request can be granted through a variance or the applicant can redesign the project. City Manager Cano stated staff concern was there were no unusual circumstances and if the variance were granted it might set a precedent for projects similar to this in the future. The tenant can redesign and come back to the Planning Commission with changes. (2) Council Minutes November 7, 1989 SPECIAL ORDERS OF BUSINESS - continued Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to uphold the Planning Commission's decision and deny the appeal. MOTION CARRIED BY UNANIMOUS VOICE VOTE At the hour of 8:05 Council recessed. At the hour of 8:13 Council reconvened in the Council Chambers with all members present and answering roll call. 2. Public Hearing -City Council appeal of the Planning Commission's denial of Environmental Assessment EA -183, Merger of substandard lots with common ownership in the Residential -1 (R -1) zone. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the City Council appeal of the Planning Commission's denial of Environmental Assessment EA -183, Merger of substandard lots with common ownership in the Residential -1 (R -1) zone. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been given by the Development Services Department. Mayor Jacobson asked if any written communication of the hearing had been received. City Clerk Ron Hart stated there were two communications received. A letter from Maxine Holcomb, 527 Eucalyptus was in favor of the merger and a letter from Henry and Amy Schoenmeier, 515 Eucalyptus against the merger. Mayor Jacobson opened the Public Hearing. Councilman Clutter requested the City Attorney to validate his participation on this agenda item. City Attorney Dolley confirmed that Councilman Clutter could participate in this discussion with no conflict of interest. 1. George Binder, 627 Penn St., stated he owned property on Eucalyptus and was in favor of the merger. 2. Bob Metcalf, 831 Eucalyptus Drive was not in favor of the merger and stated quality development could be obtained on a smaller lot. 3. Henry Schoenmeier, 534 Sierra St., opposed the lot merger and urge Council to concur with the conclusions of the Planning Commission. 4. Patricia E. Wzralek, 425 Eucalyptus stated she had spoken at the October 3rd Council meeting and that her opinion had not changed and urged Council to follow the decisions of the Planning Commission; feels that it is blatant discrimination to the few homeowners affected. 5. Henry Shoenmeier, Sr., 515 Eucalyptus Drive stated he owns two lots and would like to leave them to his children as they are. 6. Randy Lindquist, 421 Eucalyptus stated she is opposed to the merger. Councilman West MOVED, Councilman Anderson SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West stated he was staunchly set against this lot merger. Councilman Clutter stated he was in favor of merging lots and stated this was not his opinion alone but those of other residents he has discussed this issue with. (3) Council Minutes November 7, 1989 SPECIAL ORDERS OF BUSINESS - continued Mayor ProTem Dannen stated he agreed with the Planning Commission's decision to merge these lots, when the proposal was first made some years back. There were a significant number of property owners at that time,that would have been affected and this proposal would have proven more beneficial. He concluded by stating he could not vote in favor of this proposal as there were too few lots left to warrant the action. Mayor Jacobson stated he was in favor of this proposal when it was first presented and is still in agreement with it. Mayor ProTem Dannen MOVED, Councilman West SECONDED to uphold the Planning Commission's decision to deny the merger. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Dannen and West NOES: Councilmen Clutter and Mayor Jacobson 3. Public Hearing - Request to extend Grandway Phase II Development Agreement (455 -475 North Continental Boulevard) Applicant: ESD Associates. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Request to extend Grandway Phase II Development Agreement (455 -475 North Continental Boulevard) Applicant: ESD Associates. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing had been given by the Development Services Department. Mayor Jacobson asked if any written communication of the hearing had been received. City Clerk Ron Hart stated no written communication had been received. Mayor Jacobson opened the Public Hearing. City Manager Cano stated that this was simply an extension request and any agreement changes would be subject to Council review. John Long, General Partner, ESD Associates stated he was present for any questions that Council might pose and urged Council to approve the extension. Mayor ProTem Dannen MOVED, Councilman West SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West MOVED to follow the recommendation by staff and grant the extension. Councilman Anderson SECONDED. Mayor ProTem Dannen called for discussion. Mayor ProTem Dannen stated he had serious concerns about granting an extension. He stated he would like to see a hotel constructed, not another office building. He felt this extension was a delaying tactic and did not feel it was necessary. MOTION FAILED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson and West NOES: Councilmen Clutter, Dannen and Mayor Jacobson (4) Council Minutes November 7, 1989 SPECIAL ORDERS OF BUSINESS - continued Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to deny the extension. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen and Mayor Jacobson NOES: Councilmen Anderson and West UNFINISHED BUSINESS - NONE REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Securing basketball and tennis courts in order to give preference to residents. City Manager Cano stated the Police Chief Meehan had arranged to provide foot patrol during the busiest hours at the Recreation Park facility. Mayor ProTem Dannen MOVED, Councilman West SECONDED to receive and file. MOTION CARRIED BY UNANIMOUS VOICE VOTE 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. Warrants Nos. 22846 -23116 Demand Register Summary Number 8 in total amount of $852,062.77 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. 2. Proposal to purchase one surveillance vehicle and related radio equipment. Approve 3. Refund of Application Filing Fee of $675.00 for Variance 89 -6 (AA -205), 116 West Sycamore Avenue. The Planning Commission recommends that Council approve the refund of the application filing fee. The amount of the fee is $675.00 4. Called for discussion by Mayor ProTem Dannen 5. Called for discussion by Mayor ProTem Dannen 6. Called for discussion by Councilman Anderson 7. Regular City Council Minutes - October 17, 1989. Approve 8. Resolution approving the Budget transfer of funds from the Non - Department reserve to appropriate department accounts in accordance with Fire Association MOU and management group salary, and benefits. Adopt Resolution Councilman West MOVED, Councilman Clutter SECONDED to approve the remaining items listed under the consent agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (5) Council Minutes November 7, 1989 CALL ITEMS FROM CONSENT AGENDA 4. 1989 -90 Replacement of Sidewalks at Various Locations and Replacement of Walkways in Recreation Park; Implementation of Capital Improvement Project (CIP PW 89-4). Adopt plans and specifications and authorize staff to advertise for bids. Mayor ProTem Dannen questioned whether the replacement of sidewalks included the downtown area and asked if staff could review the possibility of doing some "steam cleaning" (sidewalks) in the downtown area without a significant financial burden to the City. City Manager Cano stated the downtown area was included and assured Mayor ProTem Dannen he would have staff review the "steam cleaning" of downtown sidewalks. Mayor ProTem Dannen MOVED, Councilman West SECONDED to adopt as presented by staff. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 5. Report of survey results and recommendations to install block wall across California Street between Imperial Avenue and Acacia Avenue. Authorize staff to solicit bids and to proceed with block wall construction with provision made for pedestrian access through the wall. Mayor ProTem Dannen stated his property line is within 300 feet of this project and would abstain from voting, due to a possible conflict of interest. Councilman West MOVED, Councilman Clutter SECONDED to approve as presented by staff. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, West and Mayor Jacobson NOES: None ABSTENTIONS: Mayor ProTem Dannen 6. Equipment replacement: Recommendation reject all bids for item 1, approve low bids: item 2- 1 cab & chassis; item 3- 1 pickup truck; item 4- 14 police cars $250.613.09 Approve criteria for vehicle replacement. Approve purchase Councilman Anderson inquired if the City was purchasing 1990 cars or 1989 models. City Manager Cano stated he thought this purchase was for 1990 cars but if there was a discrepancy he would report back to Council. City Manager Cano also stated there was a minor correction on the spread sheet #2603 should have been listed as #26()8. Councilman Anderson MOVED, Councilman Clutter SECONDED to approve as presented by staff. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS -CITY MANAGER 1. United States Postal Service proposed new occupancy of existing vacant building at the S.E. corner of Mariposa Avenue and Duley Road. (6) Council Minutes November 7, 1989 NEW BUSINESS -CITY MANAGER Director of Development Services, Lynn Harris gave a summary report regarding the Postal Service's plans. Ms. Harris stated their plans are to consolidate their carrier operations from Manhattan Beach and El Segundo to El Segundo only. They are proposing to acquire the empty building on the southeast corner of the intersection at Mariposa Avenue and Duley Road and consolidate the two operations. Director Harris stated they are adamant about maintaining their service operations on Main Street in El Segundo and request Council's approval in concept and direct the Mayor to send a letter stating the approval. Councilman Anderson MOVED, Councilman West SECONDED to support the United States Postal Service proposal in concept and direct the Mayor to send a letter. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Consideration of Appointing City Clerk As Secretary to Senior Citizen Housing Corporation Board. City Manager Cano stated he has researched this item and the Bylaws provide for the Board to choose their own officers but currently, there is a vacancy and the City Council could appoint the City Clerk to the Senior Citizen Housing Corporation Board to fill this vacancy. There are several alternatives measures that Council can choose to take: 1. Appoint Mr. Hart to the Senior Housing Board. 2. Seek a change in the by -laws to establish that the City Clerk serve as recording secretary. 3. Look at other options Councilman West suggested the board be given the use of a word - processing secretary from the City staff. Mayor ProTem Dannen stated he would like to change the bylaws and was interested in having the City Clerk act as a "check and balance" for the City Council. This appointment could be figured into the regular duties of the City Clerk and felt the relationship between the Senior Housing Board and the City Council should be formalized with professional support. Councilman Anderson concurred with Councilman West and felt the City should provide clerical assistance only. Councilman Clutter stated there appears to be a great distance between the Senior Housing Board and the City Council and stated this might lessen the gap with the appointment of the City Clerk as secretary to the Board and wanted to formalize their reporting. Mayor Jacobson stated there could be a combination of both secretary and professional support. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to direct staff to prepare a change in the Senior Housing Corporation Board Bylaws, appoint the City Clerk as a non - voting corporate secretary to take formal minutes and directed staff to create a liaison between City staff and the Senior Housing Board. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen and Mayor Jacobson NOES: Councilmen Anderson and West (7) Council Minutes November 7, 1989 NEW BUSINESS CITY MANAGER- continued 3.Report on Pay Parking Lots in El Segundo Assistant to the City Manager, Don Harrison stated a survey had been conducted which showed that seven lots were charging for employee parking and staff contacted four of the owners of those lots. Of the four, there were 9,890 parking spaces involved and fees ranged from $27.50 -90.00 per month. Staff was unable to determine how much the employer was subsidizing those parking facility. Assistant to the City Manager Harrison stated there have been no complaints regarding off street parking near parking lots that were charging and have controlled the trouble spot on Indiana Street with signage. Mr. Harrison concluded by stating that Council could disallow pay parking by Ordinance but must allow existing operators to amortize out their investment. Any tax levied on the employer might adversely affect the consumer thus creating more on street parking problems. City Manager Cano assured Council that since this item had been brought to staff s attention, the City Parking Officers would be reviewing the City street parking through out the City. Councilman Clutter requested that the subject of parking on narrow city streets be placed on the next Council agenda. 4. Request by Los Angeles County Transportation Commission (LACTC) that City formally request Los Angeles County Board of Supervisors to place Anti- Gridlock Ordinance before voters. City Manager Cano informed Council that no action was necessary on this item. NEW BUSINESS -CITY ATTORNEY - NONE COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Welcomed Diane Gilliland as new DESI Director. Stated there was a special Meeting of Desi on November 10, 1989 at 8:00 a.m. at EATS Restaurant and encouraged interested parties to attend. Announced that Friday, November 17th at 8:00 a.m. at Stuft Pizza there would be a meeting for Project Discussion and anyone interested should attend or contact Diane Gilliland at 322 -8962 Requested the City Manager to notify the owners of the Security Pacific and Hallmark buildings that the passage way between the two structures has graffiti. on the walls. - Councilman Clutter NONE - Councilman West NONE -Mayor Pro Tem Dannen 1. Seminar Date for all Committees, Commissions, and Boards for a briefing by the City Attorney with regard to Conflict of Interest, the Brown Act and the Exercising of Executive Power. (8) Council Minutes November 7, 1989 -Mayor Pro Tem Dannen- continued Council directed the City Clerk and City Attorney to coordinate a date and time for such a seminar and to inform Council of the proposed meeting. Asked that discussion of salary increase for City Clerk and City Treasurer be placed on the next Agenda. -Mayor Jacobson Announced that a tour of Hyperion and the County Sanitation District plant in Carson would take place on Saturday, November 18, 1989 from 9:00 -3:00 p.m. Transportation would be provided from the Hyperion Treatment Plant to the County Sanitation Plant in Carson. It was the consensus of Council to have the City Manager make all necessary arrangements. City Manager Cano informed Council of the following" 1. Board of Airport Commission Meeting, Wednesday November 28, 1989 at 10:00 a.m. Discussion of lease hold agreement of MGM Grand Air and discussion of noise monitoring system. We requested delay of MGM to November 29 at 1:00 p.m. and LAX agreed. 2. November 9, 1989 - Morning - California Commission on Airports Hearing regarding noise impact on residents. City Manager Cano and Mayor Jacobson will attend. 3. Received Correspondence from the City of Signal Hill regarding FPPC and felt it worthy of Council Discussion and planned to agendize this item. 4. Stated the Noise Abatement Committee needs more active involvement. Recommended a letter be sent to those citizens who have shown involvement in the past to encourage them to again consider active participation on the committee. 5. Hyperion update - Firmed up contractual arrangements with Jim Anderson and Ray Lewis. On November 17th the consultants will provide their analysis of problem area and staff will bring this analysis to Council at its first meeting in December. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. Lynn Bonea, 929 Dune St expressed concern regarding the pillars being laid for the parking structure at Hyperion and urged Council to act expediently. CLOSED SESSION The City Attorney announced the following items to be considered in Closed Session. GC 54956.9(b) (City might have significant exposure to litigation 1 Matter GC 54957 Personnel matters 1 Matter (9) Council Minutes November 7, 1989 ADJOURNMENT At the hour of 9:58 Council adjourned to the Mayor's Office for a closed session. RECORDED, RONALD L. HART, CMC, CITY CLERK (10) Council Minutes November 7, 1989