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1992 AUG 24 CC MINMINUTES OF THE ADJOURNED REGULAR MEETING OF THE OF THE EL SEGUNDO CITY COUNCIL August 24, 1992 - 7:00 P.M. CALLED TO ORDER: by Mayor Jacobson at 7:00 p.m. PLEDGE OF ALLEGIANCE led by Councilman Robbins CITY COUNCIL Councilman Robbins - Present Councilman Switz - Present Councilman West - Present Mayor ProTem Wise - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS -(City Business Only -5 minute limit) Five citizens addressed City Council. Jerry Saunders, Representative for Mr. Wyle addressed Page 3 -7 of Land Use Element designation of Smokey Hollow Mixed Use section stating concern of how the City plans on administering the ADTs. Mayor Jacobson and Mayor ProTem Wise abstained from discussions of Mr. Saunders item due to conflict of interest. Scot Dannen, 1127 E. Acacia addressed Council with a complaint regarding a resident stopped by the Police Department while distributing political literature. Councilman Robbins asked whether they needed to vote on discussing this issue due to not being on the agenda; City Attorney Dolley advised Council they were still within the constraints of the Brown Act because they were asking for information, but they could not get into a discussion of the issue. City Manager Meehan responded he would research this and report back tomorrow evening; City Attorney Dolley advised Council they needed to vote on discussion of this item for tomorrow evening as an issue arising after the posting of that agenda. MOVED by Councilman West; SECONDED by Mayor ProTem Wise to discuss tomorrow evening Mr. Dannen's complaint arising after the posting of the agenda on policy action only. Councilman Switz called discussion asking if this included the contents also; Council consensus for discussion on policy action only. Mayor ProTem Wise Called The Question: MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Harlan Dieter, B \G Engineering - Smokey Hollow reinforced Mr. Saunders earlier statement. Jerry Saunders, Representative for Continental Development addressed General Plan Page 4 -23 Map of Master Plan of Streets requesting this Plan be reviewed with regard to the extension of Nash Street from El Segundo Boulevard to Rosecrans Avenue. Councilman Robbins abstained from discussion of Mr. Saunder's issue. Len Bonilla, 929 Dune Street complained of being stopped while pass -ing out mitigation monitor meeting flyers a couple of months ago. Mayor Jacobson closed public communications. A. SPECIAL ORDER OF BUSINESS 1. City Council discussion of the General Plan Community Survey results and the proposed General Plan Revision. City Attorney Dolley addressed conflict of interest issues recommending they consider using prior Council's methodology to go through the Plan element -by- element, and stated conflicts of interest in the Land Use, Open Space, Economic Development Elements, and possibly Circulation and Housing Elements as follows: City Council Special Meeting August 24, 1992 - 7:00 p.m. Councilman West: Land use areas dealing with Downtown generally; 303 Virginia St. Mayor ProTem Wise: Smokey Hollow West; alley near Maryland St.; Smokey Hollow East; 223 California St. and 615 Nash Street. Mayor Jacobson: Smokey Hollow West; alley near Maryland St.; 708 Bungalow St. Councilman Robbins: Land Use Element generally located East of Sepulveda Blvd. and Northwest quadrant at the corners of Imperial Hwy. and Sepulveda Blvd. Councilman Switz: Within 300 feet of his home located at 1209 E. Maple Ave. Mayor ProTem Wise asked City Attorney to read a letter into the record which he received as a Councilmember but could not participate in the subject matter. City Attorney Dolley read letter into the record as follows: "Letter from Morm E. Schuller - directed to J.B. Wise, City of E1 Segundo. Dear Mr. Wise, After reading paragraph 3 -7 ( Smokey Hollow Mixed Use) of the General Plan, I am much concerned over the potential restrictions that could be imposed upon me. I am •speaking to average daily trips (ADT), my understanding of what constitutes a daily trip is any vehicle coming and /or leaving a place of business. I lay awake at night thinking of what could happen should the City wish to enforce such an impressive restriction to the letter. It could severely restrict my ability to do business, or put me out of business all together. (Paragraph) Maybe I'm grandfathered in and this does not apply to me. Even so, is it in the 1985 Plan? How can I get a copy of said Plan? Even if it does not apply to me, it will certainly act as a deterrent to future business contemplating coming to E1 Segundo. 180 ADTs seems an arbitrary figure to me, double that might be reasonable. Is the reason behind the limits in Paragraph 37 fear of traffic density? I don't think anyone could deny that Smokey Hollow could be evacuated in 5 to 10 minutes, especially in light of the present economic condition, and it seems to be no light at the end of the tunnel. I could go on- and -on with my concerns here, but I will close by hoping to get some answers through your efforts and those of your colleagues. Thank you for your consideration." City Attorney Dolley then suggested that this letter be handed over to Hyrum Fedje, copies be made and questions answered. Councilman Switz suggested October 1, 1992 as a date of adoption for the General Plan; Council concurred. City Attorney Dolley advised Council the General Plan was a legislative act which requires adoption by ordinance, and recommended they follow this procedure which requires three votes. LAND USE ELEMENT: R3 Zone: Discussion on survey and density. Councilman Robbins abstained from discussion regarding development on Sierra Street. MOVED by Councilman Switz; SECONDED by Councilman Robbins to change the proposed General Plan in all references to housing density in the proposed General Plan which relates to R3 developments be limited to 18 dwelling units per acre or less for lots greater than 15,000 square feet. Councilman West called for discussion that this would be as low as the R2 zone; Mayor Jacobson suggested 20 dwelling units per acre for lots greater than 15,000 square feet, and 27 dwelling units per acre for lots less 15,000 square feet. Councilman Switz called the question: MOTION FAILED BY THE FOLLOWING VOICE VOTE 2/3 - AYES: Councilmen Switz and Robbins. NOES: Mayor Jacobson, Mayor ProTem Wise, and Councilman West. MOVED by Councilman West; SECONDED by Mayor ProTem Wise to change the proposed General Plan in all references to housing density in the proposed General Plan which relates to R3 developments be limited to 20 dwelling units per acre for lots greater than 15,000 City Council Special Meeting August 24, 1992 - 7:00 p.m. square feet, and 27 dwelling units per acre for lots less 15,000 square feet -Mayor ProTem Wise called for discussion stating concerns about existing unit being able to turn over. Discussion by City Attorney requesting opportunity to review possible conflicts of interest regarding this motion. RECESS at 8:45 p.m. RECONVENED at 9:02 p.m. ROLL CALL All City Councilmembers present. City Attorney Dolley advised Councilman West not to participate in the present motion as to property he owns, and advised him that he could participate in the rest of the properties; Councilman West withdrew his motion. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to change the proposed General Plan - except for property located at 303 Virginia Street - all references to housing density in the proposed General Plan which relates to R3 developments be limited to 18 dwelling units per acre for lots greater than 15,000 square feet, and 27 dwelling units per acre for lots less 15,000 square feet. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Mayor ProTem Wise, Councilmen Switz and West. NOES: Councilman Robbins. MOVED by Mayor ProTem Wise; SECONDED by Councilman Switz to change the proposed General Plan - for Mr. West's property located at 303 Virginia Street - property less than 15,000 square feet in keeping with consistency with the General Plan - that 27 dwelling units be allowed. MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1/1 - AYES: Mayor Jacobson, Mayor ProTem Wise, Councilman Switz. NOES: Councilman Robbins. ABSTENTIONS: Councilman West. Mayor Jacobson and Mayor ProTem Wise left dais at 9:09 p.m. due to conflict of interest on the Smokey Hollow Element. SMOREY HOLLOW - Mixed Use: Hyrum Fedje, Director of Planning and Building Safety, stated Mr. Schuller's and Mr. Dieter's concerns had been addressed, and presented an explanation which he hoped would satisfy their questions and concerns. Councilman Robbins questioned conflict of interest regarding the Circulation Element; City Attorney Dolley responded should discussion begin to have an affect on the Circulation Element that he would advise him at that time. Laurie Jester, Senior Planner, recommended Council not to increase the ADTs because it would impact the Circulation Element and require certain streets be widened in order to accommodate increased capacity, but would recommend they have the current policies apply to new construction only, and that existing construction to stay as is and would be allowed to operate and expand up to a certain percentage - for example 15% or 15,000 square feet which is the threshold used throughout the document. Councilman Robbins questioned conflict of interest; City Attorney Dolley responded because discussions are only on ADTs of 180 per acre and applying to new buildings only - not existing ones - then it did not constitute a conflict of interest. Councilman Switz asked Council's consensus to defer any decision this evening to September 9, 1992 to give people being affected by this an opportunity to evaluate the alternate proposal, and asked staff to research "No" ADTs in Smokey Hollow. Councilman West asked that Mr. Lightfoot have data available for review by September 9. Mr. Schuller was not in favor of survey results regarding ADTs and suggested using "Trips per Shift" instead. Jerry Saunders asked clarification on the motion. City Council special Meeting August 24, 1992 - 7:00 p.m. Council I a consensus to defer any decision this evening to September 9, 1992 to give people being affected an opportunity to evaluate the alternate proposal, and asked staff to research "No" ADTs in Smokey Hollow. RECESS at 9:43 p.m. RECONVENED at 9:45 p.m. _ ROLL CALL All Councilmembers present. Mayor Jacobson and Mayor ProTem Wise returned to dais at 9:45 p.m. Brian Crowley, 501 California Street submitted his comments for Council consideration. Gert Vagley. Mariposa Avenue commented on survey and results. IMPERIAL STREET SCHOOL SITE / General Plan Page 3 -91 Survey Page 8: Councilman Robbins questioned conflict of interest; City Attorney Dolley responded he saw none regarding discussion on zoning of the Imperial Street School site. Councilman Robbins suggested the zone be left as Public Facility. Discussion followed regarding Public Residential Development and Public Facility zoning. MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to change zone to Planned Residential Development (PRD) for Imperial Street School site, and to also allow public comment prior to making a final vote. Mayor Jacobson open for public comment: Nancy Wernick, President of School Board stated should they rezone to Open Space /Park it would be downzoning the property, and it was against the law to lower the value of the property should the City plan on purchasing it. Jan Prinkin, Elm commented on literature she received this weekend. Councilman Switz stated he was withdrawing his motion as long as the General Plan was not passed with an R3 zone. Mayor Jacobson closed public comment. CENTER STREET SCHOOL SITE: MOVED by Mayor ProTem Wise; SECONDED by Councilman Switz to change Center Street School site to Junior High and leave as PF zone. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. NORTHWEST MARIPOSA SITE: MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise revise to limit permits for neighborhood commercial to limit residential to one floor above business. Mayor ProTem Wise called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1: AYES - Mayor Jacobson, Mayor ProTem Wise, and Councilmen Switz and West. NOES - Councilman Robbins. Councilman Robbins requested a revote on the item; Council concurred. Revote: MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to revise to limit permits for neighborhood commercial. Mayor ProTem Wise called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. DOWNTOWN COMMERCIAL: Councilman West abstained from participation. MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to change wording to one "floor" above street level. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/0/1: AYES - Mayor Jacobson, Mayor Pro Tom Wise, and Councilmen Robbins and Switz. NOES - None. ABSTENTIONS: --. Councilman West. VIRGINIA MARKET SITE: Councilman Robbins suggested leaving zoned as C2. City Council special Meeting August 24, 1992 - 7:00 p.m. PAGE 3 -3: Council consensus to strike out second to the last paragraph on Page 3 -3. PAGE 3 -8: Councilman Robbins abstained from participation due to conflict of interest. Council consensus (4 -1) {Councilman Robbins abstained} to strike "and may include Military Housing ". PAGE 3 -11: Councilman Robbins abstained from participation due to conflict of interest. Council consensus (4 -1) {Councilman Robbins abstained} to change to "bounded generally by ", and remove statements on military housing. PAGE 3 -12: Councilman Robbins abstained from participation due to conflict of interest. Council consensus (4/1) (Councilman Robbins abstained} to strike Line 5 in Paragraph 3. HOUSING ELEMENT: H1 /Page 5 -5 and Page 5 -14 Objective H2 -1 - Military Housing. Council consensus to delete H2 -1 and on H1 Page 5 -5 to take out entire line referring to Military Housing. PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) - NONE CLOSED SESSION - NONE The City Council did not move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section 54950, et sec.) as announced below by the City Attorney, for the purposes of conferring with the City Attorney on potential and /or existing litigation and /or discussing personnel matters as follows: ADJOURNMENT at 11:06 p.m. Mayor Jacobson announced that the City Council would be meeting again in an Adjourned Regular meeting on August 25, 1992 at 5:00 p.m. and again at 7:00 p.m., and on September 1, 1992 at 5:00 p.m. �Loyii Freeman, Deputy City Clerk City Council Special Meeting August 24, 1992 - 7:00 p.m.