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1989 OCT 03 CC MINEL SEGUNDO CITY COUNCIL MEETING- OCTOBER 3,1989- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson INVOCATION given by Bonnie Wulff, New Thought Church PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen PRESENTATIONS 1. Council recognized City Employee for the Month of October 1989- Bill Rapoza, Recreation & Parks Department. 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. Richard Reed, 414 W. Oak, reported on his promotional endeavors regarding his music theory. 2. Richard Meeker, Southern California Edison Company, referred to item number ten on the Consent Agenda: The Donation of Street Lights from Edison. He thanked Council for allowing his company to be part of the donation to the City's Sister City, Guaymus, Mexico. 3. Eugene Gillingham, 1209 E. Acacia Avenue, complimented the City on the notification and survey sent to all residents in his area regarding the proposed wall to be built on California Street/ Embassy Suites and requested a copy of the settlement with Embassy Suites. He also complimented the Embassy Suites are being a "good neighbor ". He concluded by stating that the Candy Cane Lane Committee met tonight, or they would have been there to express their appreciation of the City's attempt at keeping the residents informed. In response to Mr. Gillingham Mayor ProTem Dannen suggested staff check the City area known as "Candy Cane Lane" for safety hazards (streets and curbs) before the holiday season. SPECIAL ORDERS OF BUSINESS 1. Public Input on Police Protection and an Oral Report from the Police Department on Police Operations and Crime Statistics. City Manager Cano informed Council that the Police Department had prepared and completed a crime status report based on calendar year information for January 1, 1989 through August 31, 1989 in comparison with the first 8 months of 1988. He stated Police Chief Meehan would make the presentation to Council highlighting the findings within the report. Chief of Police, Frank Meehan gave an indepth presentation regarding the police department and its functions within the City of El Segundo. Current organization was explained as Chief Meehan stated there are 76 full time Police department personnel; 54 are sworn officers, 22 are Civilian personnel. The Department is currently in the process of hiring five additional officers. Chief Meehan gave Council a highlight of factual information that included statistics such as: El Segundo has a reputation for strict law enforcement, the City's overall crime rate is down by 4% during the first six months of 1989, and residential burglaries have been down by 13% during the first eight months of 1989. (1) Council Minutes October 3, 1989 SPECIAL ORDERS OF BUSINESS- continued Chief Meehan explained the functions of WESTNET (Westside Narcotic Enforcement Team and gave average "transit time" for 911 response calls. Increased activity on the Imperial Corridor was mentioned and the Chief explained that most other crimes in this area were related to parked vehicles, stolen or attempted burglaries. The "Reporting District 104" was noted as the highest crime rate area, although concerted efforts have brought the crime rate down 12 %. All other Reporting Districts were shown with a current listing of reported activity in those areas. The Three Beat and Two Beat Systems were explained as well as the Patrol Shift Allocations and the Key to RCC Dispatches and Response Times. Chief Meehan asked if anyone present had any questions. 1. Sue McVey, 821 McCarthy Court informed the City Council she had done a survey and asked questions of the business owners in the Imperial Main area. She surveyed fourteen businesses at Main and Imperial and concluded that there is a crime problem developing at the corner of Main and Imperial and soon would spread to other businesses in town and into the residential areas as the criminal element becomes more comfortable in our City. She suggested the City establish a group to evaluate the situation further and make recommendations to head this problem off as soon as possible. 2. S.B. Davis, El Segundo resident asked Police Chief Meehan if crime would increase in the Main and Imperial area. Chief Meehan responded that it was very possible it could due to the location and the opening of the Century Freeway. He added it is a difficult thing to measure, and he could not state for sure, but in all probability crime would increase within that area. 2. Hyperion Hearing Mayor Jacobson stated this hearing was for the purpose of receiving public testimony regarding the Hyperion Treatment Plant's proposed Anaerobic Sludge Digesters. Two Councilmen and City staff attended a test, as well as a number of residents. The test appeared to bring conclusive evidence that the proposed Anaerobic Sludge Digesters will obstruct existing residential views in the City of El Segundo and significantly alter the skyline. Mayor Jacobson opened the hearing for public comment. 1. Patti Paynter, 920 Dune Street stated Hyperion has lied to the City and the Citizens of El Segundo. They have misled with their Environmental Impact Reports and they have given residents a smoke screen with their hotline. She urged Council to declare the Hyperion a public nuisance. 2. Doris Bradshaw, San Fernando Valley Resident stated she was a conservatory trained musician and El Segundo's natural beauty provides natural resources for her artistic growth. She stated her purpose was to inform Council of her findings with regard to the Tillman Plant in the valley and the City's dealings with Hyperion. 3. Damian Fulton, 654 Maple Street, stated the buildup of Hyperion would generate a loss for all residents. The ocean view is unique to this city and if Hyperion were allowed to continue, property values would falter and the charm this city has would be lost. 4. James Ferguson, 770 W. Imperial Avenue Unit 13, questioned the cancer causing chemicals strewn out of the Hyperion plant and what the cancer death rates of west side residents was compared to the east side. Mr. Ferguson questioned the EPA requirements for "screeching torment" created by a "breakdown ". Mr. Ferguson pointed out the Hyperion's neglect to build north of Imperial and stated they were receiving $10,000,000 for the lease of land in that area. He stated it was a question of money and reminded Council of an article published in the El Segundo Herald on August 18, 1988 stating the City would receive up to $1,000 a day out of any penalties they get for non- performance of contracts. Mr. Ferguson urged Council to bring a lawsuit against the City of Los Angeles. (2) Council Minutes October 3, 1989 SPECIAL ORDERS OF BUSENESScontinued 5. Dorothy Kent, 909 Dune Street, addressed the noise and vibration problems created by Hyperion's construction and endured by residents. She stated the "some vibrations" have broken concrete driveways, cracked walls in homes, and pictures have been taken of a garage that is unusable because the sidewalls gave way. The screeching occurs at night after the vibrations have stopped, residents can't even listen to their televisions or radios. Hyperion estimated their completion date for Fall 1989 and now we understand that all we've endured has not brought the intended result and they're asking residents to meekly submit to another 5 to 20 years. 6. James Brandlin, Westside Resident, stated the balloons have a significant visual impact on the westside residents and a resale problem for all residents. Mr. Brandlin stated thee would be an increase in the odors because of the additional sledge, some 135,000,000 more gallons a day. The devaluation of property will affect the east side residents as well as the west, it will be too difficult to reverse the damage in the future as we all know apathy kills. Even the tax base will be affected as devaluation occurs. Mr. Brandlin listed the following alternatives for the City of Los Angeles: they can move their construction further north with the property they own, they have the inverse condemnation, the homes that they had that they've already moved out, they can put the site at any of those places, they can lower the structure, they can provide upstream treatment of this sewage instead of having the digesters here. He suggested Council get an injunctive relief through the City Attorney's office to declare the Hyperion a public nuisance. Mr. Brandlin concluded by stating Hyperion mislead the City of El Segundo by never divulging their intentions for these digesters and urged Council the rescind the Conditional Use Permit. 7. Len Bonilla, 929 Dune Street, presented a slide presentation listing his recommendations to Council: 1. Initiate a formal lawsuit by the City of El Segundo against Hyperion for being a public nuisance. 2. Demand the EPA to declare EIR /EIS report unacceptable and inconclusive because of inaccuracies. The report does not include environmental impact on thousands of El Segundo residents who live closest to Hyperion. The closest Los Angeles resident is two miles north in Playa del Rey while the closest El Segundo resident is only 200 feet away. 3. Demand the permanent closure of the Carver Greenfield Facility. 4. Determine if the plan that was presented to the El Segundo City Council in 1986 is the same as today's in number of digesters, number of building, heights in feet, visual impact, etc. 5. Investigate why Alternatives "E1" was really chosen over others. Is it because the City of Los Angeles would rather lessen the environmental impact on its own residents to the detriment of El Segundo resident? 6. Revoke the existing conditional use permit and do not issue any new conditional use permits. 7. Send a City Council member to represent El Segundo residents at all Hyperion meetings. 8. Pass a resolution to allocate funds as needed to pay for half page ad in the El Segundo Herald to inform and update residents about Hyperion. 9. Demand the high tension power lines along the bluffs be put underground and the area be designated to cultivate the buckwheat to being back the El Segundo Blue to El Segundo. 10. Report to residents the amount of money that is paid to Hyperion for hook- up to the sewer lines. Is it true that it is as high as 11% of Hyperion's total operating cost. 11. Investigate toxic elements being emitted from Hyperion with relationship to residents who presently have cancer and those residents who have died of cancer in the past ten years. Councilman Anderson added a number 12 to the list by stating that the City could recommend and encourage with all possible resources that the Hyperion continue all new construction north of Imperial. (3) Council Minutes October 3, 1989 SPECIAL ORDERS OF BUSINESS -continued 8. John Van Hook, 717 Mariposa Street, presented Council with packets containing documentation of S.E.E.'s (Save El Segundo's Environment) view of the Hyperion expansion. He stated he has developed a non -profit organization called S.E.E. (Save El Segundo's Environment). The organization has generated 150 letters and has received 350 signed signatures of people who are against the expansion for Hyperion. On behalf of the organization Mr. Van Hook requested that Council submit the packets as presented to Congressman Mel Levine, Senator Bob Beverly, Councilwoman Ruth Galanter, Assemblywoman Gwen Moore, Mr. Naydo at the Hyperion, the Public Relations person at the City of Los Angeles, Christine Harris, the consultant, Mr. Ross, and the AQMD Inspector, Mike Gazap for review. He concluded by stating that S.E.E.'s legal counsel, Jerry Usheda, has generated a letter in which they would formally request two things that the City Council take action on immediately. At the meeting on Wednesday, October 3rd, Mr. Van Hook asked that Council present one of their packets to Mr. John Ung form the EPA and the second is that the City Council take immediate court action against the City of Los Angeles and the EPA for injunctive relief due to the drastic impact the propose expansion of Hyperion will have on the City of El Segundo. 9. Mat Beeka. 916 Dune Street, submitted pictures for public record taken on "Balloon Day ". 9. Bill Selph, 726 Redwood, submitted a letter listing nine items of consideration for Council's review. It is estimated that approximately 119 persons were in attendance. Council considered and took action on recommendations presented by Mr. Len Bonilla, 929 Dune Street: Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to direct staff to research initiating a formal lawsuit by the City against Hyperion for being a public nuisance. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor ProTem Dannen MOVED, Councilman West SECONDED to appoint Mayor Protem Dannen and Mayor Jacobson to meet with the City of Los Angeles, Hyperion and representatives from the EPA to establish, review and possible declare the EIR /EIS Report unacceptable and inconclusive because of inaccuracies; to inform them and other governmental representatives that the subject report does not include environmental impact of El Segundo residents. MOTION CARRIED BY UNANIMOUS VOICE VOTE. It was the consensus of Council to present alternatives regarding the possible closure of the Carver Greenfield Facility. It was the consensus of Council to have staff review the existing conditional use permit and research the possibilities of revoking. It was the consensus of Council to have a Councilman or staff member attend all Hyperion Meetings. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to allocate funds for a column in the newspaper for Hyperion information and updates if necessary after conferring with the El Segundo Herald. MOTION CARRIED BY UNANIMOUS VOICE VOTE. It was the consensus of Council to bring the subject of the high tension power lines along the bluffs to Hyperion; and to plan toward cultivating the area to bring back the El Segundo Blue. It was the consensus of Council to have staff check on the status of the studies being done in the City on toxic elements emitted from Hyperion with relationship to residents who presently have cancer and those who died of cancer in the past ten years. (4) Council Minutes October 3, 1989 SPECIAL ORDERS OF BUSINESS - continued It was the consensus of Council to promote all new Hyperion Construction north of Imperial. City Manager Cano stated staff would be attending the meeting with Hyperion on Wednesday, October 3rd and would prepare a full report presenting the strategies from a legal and administrative standpoint for accomplishing all that Council has requested. At the hour of 9:20 p.m. Council recessed. At the hour of 9:30 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. 3. Public Hearing to consider the merger of contiguous, substandard 25' wide lots under common ownership in the R -1 single family zone currently development with a single home and 50' wide street frontage. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing to consider the merger of contiguous, substandard 25' wide lots under common ownership in the R -1 single family zone currently development with a single home and 50' wide street frontage. 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 Development Services Department. Mayor Jacobson asked if any written communication had been received. City Clerk Hart stated a letter had been received by The Schoenmeiers at 515 Eucalyptus opposed to the merger and one from Victoria W. Doom, a lawyer, representing Vera Westover. Her letter questioned whether Mrs. Westover's property was to be affected by this proposed merger. City Attorney Dolley advised Councilman Clutter that he could participate in the discussion and voting of this item. Mayor Jacobson opened the Public Hearing. Director of Development Services, Lynn Harris stated notice was given in the newspaper and a certified notice was given to each resident affected. Director of Development Services, Lynn Harris stated the Planning Commission reviewed this item and has recommended denial to merge the subject lots in the 400 and 500 block of Eucalyptus based on the following findings: 1) The lot mergers would impact a small minority of property owners and would not change the density of the existing substandard Residential -1 parcels; 2) The potential density increase if all thirty -three (33) parcels were to be developed is not significant; 3) the merger would not be in the best interest of all involved and the public benefit derived from preserving the existing neighborhood land use pattern is outweighed by the economic concerns of existing property owners. Director Harris concluded by stating that if Council did not concur with staff's findings, further direction from Council would be necessary. 1. Robert Metcalf, 835 Eucalyptus stated he was not notified and the lot in question was 445 and 445 1/2 Eucalyptus. Mayor Jacobson stated he did not think that lot was included in this matter. Mr. Metcalf stated he was positive it was, from other materials he reviewed in the Planning Department. 2. Rav Brown, 1180 East Mariposa stated he is partners with Mr. Metcalf and would like clarification and is opposed to the merger. (5) Council Minutes October 3, 1989 SPECIAL ORDERS OF BUSINESS -continued 3. Patricia E. Wzralek, 425 Eucalyptus, opposed to the merger and stated it was blatant discrimination. She stated that their is ample parking in the area and the issue of density was not critical in this location. 4. Randy Lindquist, 421 Eucalyptus opposed to the merger, and wanted to verify that all letters sent to the Planning Department were included in the packet given to the City Council. Lynn Harris, Director of Development Services, confirmed that all letters received by the Planning Department were included in the packets for Council's consideration. 5. Henry Schoenmeier, 525 Eucalyptus would like his property to remain intact, so his children may inherit the property at its full value. Councilman Anderson MOVED, Councilman West SECONDED to close the public hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE Councilman West stated rights to property ownership are unique and expressed his opposition to the merger. He stated this matter adversely affects the property owners in this location. Councilman Anderson concurred with Councilman West. Councilman Clutter expressed concern that the City has a General Plan and its intent is to try to preserve a level of open space, and feels it deserves a hearing. Mayor ProTem Dannen stated he would like this matter brought to another public hearing through the appeal process due to the legal ramifications. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to appeal the planning commission's decision and reschedule this matter for another Public Hearing. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen and Mayor Jacobson NOES: Councilmen Anderson and West Mayor Jacobson added that in the near future he would like to have a complete review of the R -2 lots in the City. UNFINISHED BUSINESS -None REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. City Attorney opinion relative to conflict of interest question raised by the El Segundo Senior Citizen Housing Corporation Board. City Attorney Dolley stated a review was taken of this matter with regard to FPPC regulations and recommended the Senior Citizen Housing Corporation Board Members who have not filed Conflict of Interest forms be notified to respond within 15 days and if they have not responded within 15 days the City Council can remove them from office. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to take action to direct that the opinion of the City Attorney be sent to the Board members, and should any of the members of the board fail to file the required statements with the City Clerk by the close of business on October 18, 1989, direct the City Attorney to initiate the removal of such members from the Board and authorize staff to advertise for replacement members, and to take such other action as is necessary to ensure compliance with the law; to receive and file this item. MOTION CARRIED BY UNANIMOUS VOICE VOTE. (6) Council Minutes October 3, 1989 REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - continued 2. Announcement of New Members on the Wall of Honor Committee. The following persons were selected to serve as committee members on the Wall of Honor Committee: Lavinia "Billie" Bailey - 4 Year Term William McAllister - 3 Year Term Margie Anne Randall - 2 Year Term Barbara Bicksler - 1 Year Term Jane Conley - 1 Year Term Council appointed Councilman Anderson as member liaison and Councilman West as alternate. 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. 22121 -22333 Demand Register Summary Number 6 in total amount of $1,238,960.32 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. Council Approval of Agreement Affecting Real Property (AARP) between the City of El Segundo, California and Segundo Associates, a California general partnership for property located at 600 North Sepulveda Boulevard. Approve agreement affecting Real Property (AARP) 3. Called for discussion by City Manager Ron Cano. 4. Amendment to the Agreement with Daniel Freeman Hospital to increase the per meal charge of the Home Delivered Meals Program from $3.00 to $4.00. Approve increase 5. Service to Dump City Debris at a Local Transfer Station. Approve bid from Action Transfer Station of $26.00 per ton for one year. 6. Recreation and Parks Commission revised recommendations for fees and charges for Recreation Identification Cards and non - residents' fees for recreation services. Approve recommendations and adopt resolution [R&P- RESOLUTION] 7. Resolution opposing National League of Cities Priorities 90 listing of modifications resolution 8. Appointment of Alternate Delegate to Metropolitan Cooperative Library System Advisory Board. Recommend appointment of Rosemary Maxey 9. Acceptance of $1,000 donations for El Segundo Police Department and El Segundo Fire Department, respectively. Approve proposal 10. Donation of Street Lights 1.) accept the donation of thirty street lights from Southern California; and 2.) authorize the Mayor to execute the donation agreement; and 3.) declare the street lights surplus; and 4.) donate the surplus lights to the City of Guaymas, Mexico. (7) Council Minutes October 3, 1989 CONSENT AGENDA - continued Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 3. Agreement between the City of El Segundo and Chevron Land and Development Company regarding construction of a storm drain related to Parcel Maps 17749 and 17750. 1. Approve subject agreement 2. Accept Hughes Way and Allied way for inclusion in the City street system for future maintenance by the City. City Manager Cano requested this item be held over to the next City Council Meeting of October 17, 1989. NEW BUSINESS -CITY MANAGER 1. Operation and Maintenance of the Hvdro- Electric Facilitv. Director of Development Services Lynn Harris stated the construction of the Hydro - Electric Facility had been completed and under preparation for the start of operation in November 1989. Although due to the lack of expertise among City staff members, proposals were requested from four firms to provide this service during the initial stages of operation. The first year totals for operation and maintenance were estimated to be $50,000 and total annual revenue from the facility, when fully operational, is estimated to be $104,600.00 thus offsetting the operational and maintenance expenses. Total costs to complete the facility, stated Ms. Harris, and operation were estimated to be approximately $831,000 leaving a balance of $82,000 from the total budgeted amount of $913,000 for this project. Staff recommended that Council approve $50,000.00 from Project Construction Budget for operations and maintenance costs of the Hydro- Electric Facility, out of which $30,000 will be allocated to retaining Electro -Test, Inc. for initial start -up, training, and operating assistance, and the remaining $20,000 allocated for staff costs and other remaining associated expenses. Councilman Anderson asked if this facility was remotely operated. Director Harris stated that it was remotely operated and contains automatic shutoff and slowdown. Councilman West asked if it was possible to have a staff report relating to the problems involved in this project after the facility is up and running. It was a consensus of Council to direct staff to prepare a staff report with regard to Councilman West's request. Councilman West MOVED, Mayor ProTem Dannen SECONDED to accept staff's recommendation. MOTION CARRIED BY UNANIMOUS VOICE VOTE NEW BUSINESS -CITY ATTORNEY - NONE COUNCII.MEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Thanked those persons who submitted applications for the Wall of Honor Committee - Councilman Clutter NONE (8) Council Minutes October 3, 1989 COUNCILMF:MBERS, REPORTS AND RECOMMENDATIONS - continued - Councilman West Thanked his colleagues for their diligent work involving the Hyperion Plant. -Mayor Pro Tem. Dannen Commended Mayor Jacobson for his work on SB20 which will contribute to the City coiffures approximately 6 million dollars over the next five years. Asked that on the next Agenda discussion and action be taken regarding the appointment of the City Clerk as the official attending the Senior Housing Board Meetings and providing Council with minutes and staff reports. -Mayor Jacobson Stated that a number of people assisted him in his endeavors with S1320, and extended his appreciation. PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) MEMORIALS - NONE CLOSED SESSION Council shall move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et a ..) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and/ or existing litigation and /or discussing personnel matters. Pursuant to the California Government Code a Closed Session was held on the following matters as announced by City Attorney L. Dolley: Los Angeles vs City of El Segundo American Golf vs City of El Segundo GC 54956.9(b) (City might have significant exposure to litigation 5 matters GC 54956.9(c) (City might decide to initiate litigation) 1 matter GC 54957 Personnel matters 3 matters ADJOURNMENT At the hour of 10:40 p.m. Council adjourned to the Mayor's Office for a Closed Session. RECORDED, RONALD L. HART, CMC, CITY CLERK At the hour of 12:25 a.m. Council reconvened in the Council Chambers with all members present and answering roll call. On October 4, 1989 City Manager Cano stated no action was taken in Closed Session. (9) Council Minutes October 3, 1989