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1990 FEB 20 CC MIN - 7EL SEGUNDO CITY COUNCIL MINUTES - FEBRUARY 20, 1990- 7:OOPM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION given by City Clerk Ron Hart PLEDGE OF ALLEGIANCE led by Councilman Clutter PRESENTATIONS 1. Council commendation of Police Personnel Sergeant Timothy K. Brenner and Detective Rudy Kerkhof. ROLL CALL Councilman Anderson- present Councilman Clutter- present Mayor Jacobson- present Mayor ProTem Dannen- present Councilman West- present PUBLIC COMMUNICATIONS 1. Tanya White, TreeMusketeers offered active help involving the recycling program. 2. Tara Church, TreeMusketeers asked to waive the permit fees for a nonprofit video produced by Holden Productions. Mayor ProTem Dannen MOVED, Councilman West SECONDED to consider waiving the fees for Holden Productions as an emergency topic for discussion. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Manager Cano stated he had received a letter detailing this environmental video. The code outlines specific details for fees regarding motion picture fees however, El Segundo has an opportunity to participate in this video through the TreeMusketeers. Staff has recommended the Council waive all fees. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to waive all motion picture fees for Holden Productions. MOTION CARRIED BY UNANIMOUS VOICE VOTE. A. SPECIAL ORDERS OF BUSINESS 1. CONTINUED PUBLIC HEARING - Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo. Applicant: City of Los Angeles. Held over from the December 20, 1989, the January 16, 1990, and February 6, 1990 City Council Meetings. Mayor Jacobson announced that this was the time and place heretofore fixed for a continued Public Hearing on the Appeal of Planning Commission decision denying Environmental Assessment EA -195, Conditional Use Permit 89 -2 to construct Council Minutes February 20, 1990 1 portions of Hyperion Wastewater Treatment Plant in the Open Space (OS) Zone of the City of El Segundo. Applicant: City of Los Angeles. Held over from the December 20, 1989, the January 16, 1990, and February 6, 1990 City Council Meetings. Mayor Jacobson asked if proper notice had been given. City Clerk Ron Hart stated notice of the hearing was published by the Developmental Services Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated none had been received by his office. Mayor Jacobson opened the public hearing. Director of Development Services Lynn Harris presented an update regarding this project and the areas of the City this project impacts. Ms. Harris stated that environmental clearance is required for a Conditional Use Permit consequently an environmental impact report is required to grant the Conditional Use Permit. This environmental report has not been adequate and therefore the CUP has been denied. The facilities would include a three - story, 34,900 square foot cryogenic /air separation facility with four towers 85 feet in height; a portion of a one - story, 26,000 square -foot electric switchyard facility; a portion of a one - story, 615,000 square foot oxygen reactor facility; underground facilities consisting of influent channels and cut banks; portions of a retaining wall 32 feet in height 225 feet in length located at the base of an existing 100 foot high slope; and landscaping of the existing slope. Ms. Harris concluded by stating that Council must decide whether the City of Los Angeles must perform an EIR before the City of El Segundo Planning Commission considers the merits of CUP 89 -2 or whether the City Council should direct the Planning Commission to give further review to the proposed project and consider either: accepting the negative declaration issued by the City of Los Angeles on May 16, 1989, or issuing a negative declaration for the proposed project with appropriate mitigation measures. 1. Dorothy Kent, 909 Dune St. read a prepared statement regarding the misinformation given by the Hyperion Plant over the years. 2. Patti Paynter, 920 Dune asked Council to consider the residents property values and the quality of lives in the direct vicinity of the Treatment Plant. 3. Len Bonea, 929 Dune St. asked Council to consider the Hyperion's past actions before granting the CUP for the project concerning cryogenic air /separation facility. Stated the residents are recipients of their design mistakes. Councilman Clutter MOVED, Councilman West SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor ProTem Dannen stated he was anxious to review this project concerning only the cryogenic air /separation facility and suggested this item be sent back to the Planning Commission for review and a negative declaration and mitigating measures. This way it would not delay an actual review of the project as would requiring an environmental impact report. Mayor Jacobson asked for a status report on the Hyperion nuisance issue. City Attorney Dolley stated staff has collected 130 declarations for nuisance abatement and would present Council with an update on litigation. Councilman Anderson confirmed that Council was only considering the cryogenic /air separation facility. Council Minutes February 20, 1990 2 Mayor ProTem Dannen MOVED to grant the appeal and direct the Planning Commission to proceed on merits of the Conditional Use Permit application using mitigated negative declaration of environmental impact for environmental clearance; and that the City Council's consultants, and legal council be made available to the Planning Commission. Councilman West SECONDED, MOTION CARRIED BY UNANIMOUS VOICE VOTE. At the hour of 7:40 p.m. Council recessed. At the hour of 7:45 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. IT WAS THE CONSENSUS OF COUNCIL TO TAKE THE FOLLOWING ITEM OUT OF ORDER H. NEW BUSINESS AND REPORTS- CITY COUNCILMEMBERS -Mayor Pro Tern Dannen 1. Discussion on Citizen RecvclinH' Committee Mayor ProTem Dannen suggested a citizen committee incorporating a broad spectrum from the community. It was the consensus of Council to direct staff to provide Council with a report regarding this item to facilitate the formation of a proposed recycling committee and have staff advertise for interested parties participation in such a committee. Councilman Anderson advised staff to look and compare what other cities have done with regard to community recycling projects. 1. Gail Church, TreeMusketeers stated their group has conducted their own investigation with recycling. A representative in the Department of Conservation in Sacramento has indicated that grants as high as $300,000 are available to form recycling programs and the representative has offered to meet with Council and the City to prepare this program to qualify for a grant. Mrs. Church stated she will provide Council with samples of recycling grants that were acceptable for approval. It was the consensus of Council to review these proposals when available. 2. PUBLIC HEARING - Ordinance adopting Zone Text Amendment 90 -1 to Chapter 20 of the El Segundo Municipal Code to permit political signs in all zone districts city wide and limiting the size and duration, there of. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Ordinance adopting Zone Text Amendment 90 -1 to Chapter 20 of the El Segundo Municipal Code to permit political signs in all zone districts city wide and limiting the size and duration, thereof. Mayor Jacobson asked if proper notice had been given. City Clerk Ron Hart stated notice of the hearing was published by the Developmental Services Department. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated none had been received by his office. Mayor Jacobson opened the public hearing. Director of Development Services Lynn Harris stated that the Planning Commission recommends that the City Council approve Environmental Assessment EA -220, and Zoning Text Amendment 90 -1 as amended, and adopt the proposed Ordinance. Ms. Harris stated the City Council had directed an amendment to the code with regard Council Minutes February 20, 1990 K? to political signs. After public hearing and the adoption of Resolution 2266 the Planning Commissions has recommended that political signs 1) permitted in any zone; 2) limited to four square feet, and 3) required to be removed within 48 hours. Councilman Clutter MOVED, Councilman West SECONDED to close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West asked the City Attorney if proper review of this ordinance has been made as to its constitutionality. City Attorney Dolley affirmed that this ordinance had been reviewed and is proper. Mayor ProTem Dannen asked if these signs could be posted in parks and other open spaces as indicated in "all zones ". After discussion, City Attorney Dolley stated he could exempt under Section 1, "except open space on any zone and on a public facility" in the Ordinance. Mayor Jacobson expressed concern regarding the choice of colors used in signs. Mayor ProTem Dannen MOVED, Councilman West SECONDED to read by title only and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 20.44 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 20.44.020 ENTITLED 'POLITICAL SIGNS ". Councilman West introduced. B. UNFINISHED BUSINESS 1. Proposed Ordinance of the City Council of the City of El Segundo, California , adding a new chapter 9.56 to Title 9 (Peace, Safety and Morals) of the El Segundo Municipal Code regarding regulation of privately owned parking lots. Mayor ProTem Dannen MOVED, Councilman West SECONDED to read by title only and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Attorney read the title of the following. ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING A NEW CHAPTER 9.56, TO TITLE 9 (PEACE, SAFETY AND MORALS) OF THE EL SEGUNDO MUNICIPAL CODE REGARDING REGULATION OF PRIVATELY OWNED PARKING LOTS. Councilman West MOVED, Mayor ProTem Dannen SECONDED to adopt. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Council Minutes February 20, 1990 4 C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Consideration of request by Joint Subcommittee of City Council and Senior Housing Board to readvertise current vacancy on Senior Housing Board and specifically identify skills currently needed on the Senior Housing Board. City Manager Cano stated that Councilman Anderson and Mayor ProTem Dannen had been in attendance on a Joint Subcommittee and it was the summation of those in attendance to readvertise for the current vacancy and identify skills needed on the Senior Housing Board. Councilman West MOVED, Councilman Clutter SECONDED to readvertise for the current vacancy on Senior Housing Board, but to make no reference to desired skills. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Manager Cano reconfirmed with Council that it was their vote to only advertise and not to specify skills. Council confirmed. 2. Report on City Council /School District Subcommittee Meeting on February 12, 1990 and Council consideration of a joint workshop to conceptually discuss alternative land uses for excess School District Sites. City Manager Cano stated that as a result of a Subcommittee Meeting in February, staff recommends Council consideration of a Joint City Council and School District workshop regarding conceptual discussion of vacant /under - utilized School District sites and compatibility of alternative uses to adjacent lands uses. It was the consensus of Council to direct the City Manager to work with the Superintendent of Schools to decide on a date feasible for all involved. D. 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 Councilman Anderson 2. Regular City Council Minutes - February 6,1990. Approve 3. Called for discussion by Mayor Jacobson, Councilman Clutter and Councilman West 4. Construction of storm drains in Virginia Street from 120 feet south of Imperial Avenue to Imperial Highway and in Lairport Street from Mariposa Avenue to Maple Avenue - Project Number PW 86 -7. Adopt plans and specifications and authorize staff to advertise for bids. 5. Furnishing and installing a 10 -inch water line in Imperial Highway from 358' West of Sepulveda Boulevard to Selby Street and in Sepulveda Boulevard from Walnut Avenue to Imperial Highway. Award contract to Radich Construction, Inc. 6. Request for the City Council to approve lowest bid for Uniform Service for the City of El Segundo. Approve Prudential Overall as supplier for Uniform Service. Council Minutes February 20, 1990 Ni 7. Presentation of the City's Annual Financial Report for the fiscal year ended June 30, 1989. Held over from February 6, 1990. Receive and file 8. Extension of agreement (for sixth year) to defer City required parking at 111 and 270 Maryland Street to maintain a park accessible to the public at this location. Applicant: Wyle Laboratories. Approve agreement extension, retain $35,000 Certificate of Deposit. 9. Resolution of the City Council of the City of El Segundo, California approving and adopting the City Treasurer's Statement of Investment Policy and Guidelines. Adopt resolution 10. Proposal to allocate $26,986 from the Developer Contributions, Capital Improvement Program, PF 87 -2, 1989 to 1994, to purchase and install a security system in the Police building. Approve the security system proposed by Brassfield Communications. Mayor ProTem Dannen expressed concern regarding Councilmembers responsibility in responding to their own conflicts of interest. City Manager Cano and City Attorney Dolley explained to the Council that all items for the Agenda are reviewed at a staff meeting prior to the Council meeting but that the City Attorney was not specifically directed to make conflict of interest recommendation to individual councilmembers. Councilman West requested this item be place on the next City Council agenda of March 6, 1990 for discussion. 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 1. Warrants Nos. 24812 - 25102 Demand Register Summary Number 16 in total amount of 8 1,046,468.58 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 Anderson stated he would abstain from voting due to a possible conflict of interest. Mayor ProTem Dannen asked about an item listed as retainer fees. City Attorney Dolley stated this information would be provided to Council. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to approve the above item. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen, West and Mayor Jacobson NOES: NONE ABSTENTIONS: Councilman Anderson 3. Replacement /Installation of Water Lines at Various Locations Award contract to P &J Utility Company Council Minutes February 20, 1990 6 Mayor Jacobson, Councilman Clutter and Councilman West stated they would abstain from voting due to a possible conflict of interest. City Attorney Dolley stated that according to the Attorney General it would be necessary to have the three Councilmembers abstaining from this item draw straws to bring one member back in order to acquire the needed majority for passage of this item. At the hour of 8:33 p.m. Council recessed. At the hour of 8:40 Council reconvened in the Council Chambers with all members present and answering roll call. It was determined by the City Attorney that Councilman West was over 300 feet in distance from the property in question and therefore was eligible for voting on this matter. Councilman West MOVED, Councilman Anderson SECONDED to approve the above item. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson Dannen and West NOES: NONE ABSTENTIONS: Councilmen Clutter and Mayor Jacobson E. NEW BUSINESS -CITY MANAGER 1. Ordinance to adopt the requirements imposed by State Assembly Bill 547 for mitigation of hazard posed by Unreinforced Brick Masonry Structures. (UBM) built before 1934. Hyrum Fedje, Building Official stated there was a preliminary investigation of buildings in the city that revealed there were 25 -30 that may be affected by this legislation. The ordinance has been developed with the technical provisions of L.A. County's Division 88, Earthquake Hazard Reduction and contains procedures and standards for identification and reclassification of such unreinforced buildings. The revisions staff has made, Mr. Fedje stated, are tailored to meet the needs of the City and would comply with the State URM Law. The mitigation measures proposed in the ordinance are intended to reduce the risk of life loss or injury, and prevent widespread property loss by moderate to strong seismic activity. Councilman West expressed concern regarding the historical district in the City being retained and suggested a study session or a committee to discuss this matter. It was the consensus of Council to place the discussion of preserving historical sites in the City on the next agenda. Councilman Anderson MOVED, Councilman West SECONDED to read by title only and waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West introduced. City Attorney read the title of the following: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 16.06, SECTION 16.06.010 THROUGH 16.06.090, TO THE MUNICIPAL CODE REGARDING EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. Council Minutes February 20, 1990 7 Councilman West introduced. 2. City Attorney: Oral Report on Assembly Bill dealing with Newsracks. City Attorney Dolley stated there is legislation in the assembly to allow local agencies to regulate harmful material that is being sold through newsracks where this material is not assessable to children. There will be a hearing of the Senate Judiciary Committee on March 20, 1990 at 1:00 p.m. It was the consensus of Council to draft a letter signed by the Mayor on behalf of the Council directing their support of this assembly bill. It was also the consensus of Council to have our representative in Sacramento, Kenneth Emanuels, lobby on this issue. F. NEW BUSINESS -CITY ATTORNEY G. NEW BUSINESS -CITY CLERK - NONE H. NEW BUSINESS AND REPORTS- CITY COUNCILMEMBERS - Councilman Anderson Gave an update on the El Segundo High School's Soccer Team and Basketball Team. Councilman Anderson also stated that on the advise of his doctor and with mixed emotions he will not be seeking reelection this term. - Councilman Clutter None - Councilman West None -Mayor Pro Tem Dannen 2. Fire Sprinkler Law Compliance Fire Chief, Sloan stated the City has 22 high rise buildings, 18 are completely sprinklered and the other four are in the process of being retrofitted. He stated at the League of California Cities meetings, support for adopting sprinkler requirements was discussed. He suggested the establishment of a workshop pertaining to this sprinkler requirement. Gene Bell, Fire Marshall stated Ordinance 1100 allowed the building owners to perform a survey and make a determination of the number of requirements needed. The four buildings that were not sprinklered had optioned to fully sprinkler the buildings. They have a total of 9 years to completely sprinkler the building or 1/3 in three years. One building is 60% sprinklered and the other 3 have one year to complete 1/3 of their sprinkler requirements. Mayor ProTem Dannen asked if he might obtain a memo from Mr. Bell stating the exact dates as to when the other four buildings would be completed and an explanation of the subject sunset clause with regard to these projects. It was the consensus of Council for all members to receive a status report on this item. Council Minutes February 20, 1990 E? 3. AQMD Asbestos Renortine Requirements (Rule 1403). Director Lynn Harris stated the AQMD published a rule that is ultimately directed to contractors and builders. The City has no enforcement in this matter. It was the consensus of Council to direct staff to provide information regarding a law requiring the removal of asbestos from buildings that went into affect approximately three years ago that may have more significance to local level government. Mayor ProTem Dannen asked for a discussion and possible action with regard to hiring a city prosecutor for the City instead of using the District Attorney's Office be placed on the next City Council agenda. -Mayor Jacobson None PUBLIC COMMUNICATIONS 1. James Taylor, 4700 131 Street, Hawthorne, Taylor Reclamation gave Council an update on what other cities are doing to recycle. Suggested the Planning Commission review options. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT At the hour of 9:15 p.m. Council adjourned. RECORDED, RONALD L. HART, CMC CITY CLERK Council Minutes February 20, 1990 9