Loading...
1993 MAR 02 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 2, 1993 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7:05 p.m. INVOCATION given by City Clerk Mortesen. PLEDGE OF ALLEGIANCE led by Councilman West. PRESENTATIONS - NONE ROLL CALL Councilman Robbins - Present Councilman Switz - Present Councilman West - Present Mayor ProTem Wise - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Seven individuals addressed City Council. 1. Edgar and Carolina Leal request for a mobile food cart. Continued to March 16, 1993 per applicants request. 2. Scot Dannen, 1127 E. Acacia Ave: stated that the item Councilman Robbins read into the record at the February 16, 19933 Meeting stated funds were raised at a game booth, Mr. Dannen requested 1)what booth 2) what fair, 3) when raised? Also requested Mayor Jacobson to call for an investigation. 2. Gary Hienbuch, resident: requested to speak on Item C -2. 3. Bob Flynn. 222 Center Street: requested an extension on the RFP's for waste disposal for 2 -4 weeks for a more professional response. City Attorney Lee Dolley stated an item will be addressed later regarding this request. 4. Dorthey Kent, 909 Dune Street: stated that the Hyperion aroma is excessive during the rains and late evenings. Mayor ProTem Wise suggested this be placed on the agenda with the mitigation monitor to check this during the next projected rains. City Attorney Lee Dolley stated he would pass this on to the mitigation monitor. 5. Ron Swanson, 629 California Street: requested to speak on Item C -2. 6. Dr. John McCarty 357 Valle. requested an assurance that somewhere within the City Government someone is working with Defense conversion and downsizing in Government Defense. Councilman Switz requested a report be scheduled for another meeting. City Council Minutes March 2, 1993 1 7. Tracy Lofts, Tree Musketeers: stated Arbor Day Celebration is March 7, 1993 at 1:00 P.M. at Washington and Sycamore, and ground breaking ceremony will take place for the Tree House Outdoor Community Classroom. 8. David Hotter, resident: commented on a study he has done on surviving houses of El Segundo prior to 1919. For infor- mation he gave his daytime phone number, 821 -6664. CLOSED PUBLIC COMMUNICATION A. SPECIAL ORDERS OF BUSINESS 1. Water conservation in landscaping ordinance. Mayor Jacobson stated, this is the time and place hereto fixed for a public hearing on an ordinance adding Chapter 13.05 to the El Segundo Municipal Code regarding policies for water conservation landscaping. He asked the City Clerk if proper notice was published and if any written communication had been received regarding this Public Hearing. Clerk Mortesen responded that Public Hearing notice was published by the Recreation and Parks Department, and no written communications have been received by the City Clerk's Office regarding this public hearing. Mayor ProTem Wise left the dias at 7:32 P.M. Mayor ProTem Wise returned to the dias at 7:34 P.M. Rollie Wright gave a brief staff report, and stated that two items were changed from the document submitted in the agenda packet. Mayor Jacobson stated that a letter was received from Mr. Jerry Saunders, of CDC regarding this item. Public Hearing Open: 1. Jerry Saunders, CDC: requested a clarification on point A, rehabilitated landscaping and Item B -6 add "or Planting area ". MOVED by Mayor ProTem Wise SECONDED by Councilman Robbins to close public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Mayor ProTem Wise SECONDED by Councilman West to read by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Lee Dolley read the following: ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUN- DO, CALIFORNIA, ADDING CHAPTER 13.05 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING POLICIES FOR WATER CONSERVING LANDSCAPES. Councilman West introduced the ordinance with the suggested changes in section B-6 as well as section 13.05.080, and the language that was read into the record by Mr. Wright. City Council Minutes March 2, 1993 2 2. Continued Public hearing on: (1) Environmental Assessment EA -263; (2) Variance 91 -8; and (3) Smoky Hollow Site Plan 91 -2. Request for ap- proval to convert an existing manufacturing and warehousing facility to a health club which would service the LAX business traveler. Located at 1222 E. Grand Avenue. Mayor Jacobson stated, this is the time and place hereto fixed for a continued public hearing on Environmental Assessment 263; Variance 91 -8; and Smoky Hollow Site Plan 91 -2 - A request for approval to convert an existing manufacturing and warehousing facility to a health club which would service the LAX business traveler - located at 1222 E. Grand. He asked the City Clerk if proper notice was published and if any written com- munication had been received regarding this Public Hearing. Clerk Mortesen responded that Public Hearing notice was published by the Planning and Building Safety Department, and one written communications has been received by the City Clerk's Office, and transmitted to the City Council, regarding this public hearing. Laurie Jester, Senior Planner, gave a brief staff report. Public Hearing Open: 1. Roger Diamond, attorney for the applicant: stated he and the architect are present to answer any questions and is requesting approval of the project. MOVED by Councilman West SECONDED by Mayor ProTem Wise to close public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor ProTem Wise stated he does not recall a project being passed with four (4) variances attached and before the variances can be granted specific findings must be met. Councilman Switz stated that on the subject of variance's, he is of the opinion if variances are continually granted, then the code should be changed. He recom- mended this go back to the Planning Commission and the four (4) test procedures for each variance be addressed. Councilman Robbins stated that variances are not automatic and they must go through the process, and suggested the Council have a uniform method for adopting variances, and agrees with the four tests being met. Roger Diamond, attorney for the applicant, requested to speak on procedural re- quirements, he stated he had the architect here to answer questions and none were asked, now Council states they have questions. We understand that in the past you have always, or frequently, adopted the recommendations of the Planning Commis- sion and we believe, we may be wrong, that there are some thing different about this particular case because Mr. Benson is a Homosexual, and we believe that issue was brought up, that there was some political considerations. We're very suspicious because, we were lead to believe by Staff from the Planning Department, from the Planning Commission that there would be no problem, and now all of a sudden there seems to be some concern that sort of implied but not really expressed. Mayor Jacobson stated they have questions of the Planning Commission. City Attorney Lee Dolley cautioned City Council that discussion must not be based on any discriminatory purposes at all, it needs to be based on facts, the variances and so forth, it is within the power of the City Council if it so desires to send it back to the Planning Commission for further investigation, that can be done. We are dealing with the Smoky Hollow Specific Plan, and that has a whole different connotation. City Council Minutes March 2, 1993 3 Councilman West stated variance requirements are very clear on what must be met and he does not see that they were. MOVED by Councilman Switz SECOND by Mayor ProTem Wise to send a request to the Planning Commission for a written response using the four (4) tests we have on the three variances and return to Council. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 COUNCILMAN ROBBINS NOT PARTICIPATING THIS ITEM Councilman Robbins left the dias at 8:05 P.M. 3. Congestion Management Plan Program (CMP), Transportation Demand Management Ordinance, and Land Use Analysis Program Resolution for CMP amending City CEQA Guidelines. Mayor Jacobson stated, this is the time and place hereto fixed for a public hearing on consideration of the 1992 Congestion Management Plan Program, Transportation Demand Management Ordinance, and Land Use Analysis Program Resolution for CMP amending the City California Environmental Quality Act Guidelines. Clerk Mortesen responded that Public Hearing notice was published by the Planning and Building Safety Department, and three written communications were received by the City Clerk's Office, and transmitted to the City Council, regarding this public hearing. Laurie Jester, Senior Planner, gave a brief staff report and addressed the written communications received. Council discussion and questions followed. Public Hearing Open: 1. Jerry Saunders, Chamber of Commerce: gave additional comments regarding the letter submitted, and congratulated staff on not recommending adopting the CMP Ordinance. MOVED by Councilman West SECONDED by Mayor ProTem Wise to close public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor ProTem Wise suggests revisiting the Document in six months to see if it has had an adverse impact on any new businesses. MOVED by Councilman West SECOND by Mayor ProTem Wise to read by title only. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES, MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, COUNCILMAN SWITZ, NOES, NONE, NOT - PARTICIPATING, COUNCILMAN ROBBINS 4/0/1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING CHAPTER 20.55 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3, AND AMENDING CERTAIN SECTIONS OF CHAPTERS 20.08. 20.54 AND 20.56 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO TRANSPORTATION SYSTEMS MANAGEMENT. Councilman West introduced the ordinance with the suggested changes in section 20.55.030 (2) from 48,000 to 50,000 square feet for non - residential development. City Council Minutes March 2, 1993 4 RECESS: 8:40 P.M. RECONVENE: 8:50 P.M. ALL MEMBERS PRESENT 4. Public hearing on the Historic Preservation Ordinance, and amendment to Title 20 of the El Segundo Municipal Code. Mayor Jacobson stated, this is the time and place hereto fixed for a public hearing on the Historic Preservation Ordinance, and amendment to Title 20 of the El Segundo Municipal Code. Clerk Mortesen responded that Public Hearing notice was published by the Planning and Building Safety Department, and no written communications were received by the City Clerk's Office regarding this public hearing. Hyrum Fedje, Director of Planning Building & Safety, gave a brief staff report. Public Hearing Open: 1. John Shelton, 737 W. Maple: Questioned why the Ordinance is necessary, if the State and Federal government have the same thing in place. 2. Liz Granholts, resident: commented on pamphlets available from the Historic Preservation News. MOVED by Councilman Robbins SECOND by Mayor ProTem Wise to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Hyrum Fedje stated that the National Trust for Historical places or sites is a voluntary action that anyone can participate in. The State Historic Preservation office issues guideline for establishing local ordinances that must be generated by the governing body. Councilman Robbins asked the City Attorney if property owners could be granted a reduction in business license tax if they participate in the Historic Ordinance. City Attorney Lee Dolley stated the rules about establishing exemptions or non tax situations depends on whether or not there is a logical grouping of a particular interest that is distinct from another interest. It appears the courts will not interfere with the logic of the Council in setting that kind of a thing up. He also stated he would like to investigate this further before making a final statement. Councilman Robbins suggested an incentive for people who designate their property as historic, through License and permit fees. Hyrum Fedje responded that the Mills Act provides a Property tax incentive through the County Accessors office once a property is designated. City Attorney Lee Dolley stated that if a change was to be made from voluntary to mandatory, a new Ordinance would have to be adopted and this one repealed. MOVED by Mayor ProTem Wise SECOND by Councilman West to read by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Lee Dolley read the following: ORDINANCE NO. City Council Minutes March 2, 1993 5 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMEN- DING TITLE 20 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING CHAPTER 20.52 ENTITLED "HISTORIC PRESERVATION ". INTRODUCED BY MAYOR PROTEM WISE WITH THE ADDITION OF, "WHEREAS THIS IS ENTIRELY VOLUNTARY" B. UNFINISHED BUSINESS 1. El Segundo Public Library Automated Circulation and On -Line Public Access Catalog System bid award. Held over to March 16, 1993. 2. Hardware purchase for Joint Public /School Libraries Automated Circula- tion and On -Line Public Access Catalog System. Held over to March 16, 1993. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Oral report by President of Sister City Association regarding the Guaymas trip. Julia Abreu, President, presented a report to Council on the trip to Guaymans and what Sister City means and has accomplished. 2. Recommendation on construction management services for El Segundo Golf Course Project. Richard Croxall, chairman of the Recreation and Parks Commission gave a brief history and report on the RFP procedure. 1. Gary Heinbuch: read a letter he submitted to Council regarding the discrepancies in the bid process. 2. Ron Swanson, 629 California: stated this RFP was not user friendly and felt that the two top companies were not equal. 3. Lowell English, GPS, Playa del Rem stated he responded to the questions and statements made by the public and the Council. MOVED by Councilman Switz SECOND by Mayor ProTem Wise to close public communications. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOVED by Councilman Switz SECOND by Councilman Robbins to direct the City Manager to look into the matters presented and discussed and report back to Council at the March 9, 1993 Meeting. Council agreed to give the City Manager any questions they have on this matter by Thursday, March 4, 1993. 3. Capital Improvement Program Advisory Committee (CIPAC) - resignation of Chairman C. Blake Mitchell. MOVED by Councilman Switz SECOND by Councilman West to authorized staff to advertise for 30 days for applicants to fill the one vacancy on the CIPAC, and directed staff to send letter of appreciation to Mr. Mitchell for his service on the committee. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D. CONSENT AGENDA 0 City Council Minutes March 2, 1993 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. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 3. Request for two (2) building identification signs to be located on the top (parapet) of the building at 100 North Sepulveda Boulevard, requested by NCR corporation. 4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. MOVED by Councilman Switz SECOND by Mayor ProTem Wise to approve consent item number 3. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Councilman Switz left the dias at 10:57 P.M. CALLED ITEMS FROM CONSENT AGENDA 1. Warrant Numbers 202789 - 203083 on Demand Register Summary Number 17 in total amount of $1,013,294.29. MOVED by Mayor ProTem Wise SECOND by Councilman West to approve Warrant Demand Register and authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments. MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST. NOES: COUNCILMAN ROBBINS. NOT PARTICIPATING: COUNCILMAN SWITZ. 3/1/1 2. City Council meeting minutes of February 15, 16 and 18, 1993. Councilman Robbins stated he is voting not on this for the reason previously stated. MOVED by Councilman West SECOND by Mayor ProTem Wise to approve the minutes of February 15, 16, and 18, 1993 MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST. NOES: COUNCILMAN ROBBINS, NOT PARTICIPATING: COUNCILMAN SWITZ. 311 /1 Councilman Switz returned to the dias 10:59 P.M. 4. Remodel of the Police Department building Records Room. Councilman Robbins requested a staff report. Ken Putnam responded. MOVED by Councilman Robbins SECOND by Mayor ProTem Wise to adopt plans and specifications, and authorized staff to advertise for bids. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. E. NEW BUSINESS - CITY MANAGER 1. El Segundo Unified School District letter dated February 22, 1993 regard- ing proposed utilization of the Imperial Street Elementary School site. City Attorney Lee Dolley stated the city has priority over non - school activities, and this issue would appear to be non - school related and the City would have priority over this use. City Council Minutes March 2, 1993 7 Council received and filed the letter and suggested that certain items be discussed before the lease is signed, a CUP would be required. 2. Restoration of the position of Utilities Manager to the Public Works Department listing of full -time personnel in the FY 1992 -93 Budget and revised class specification. Councilman Robbins stated he would like to hold off this change until the new City Manager is on board to access the Staff Organization. MOVED by Mayor ProTem Wise SECOND by Councilman West to approve the restoration of Utilities Manager position to FY 1992 -93 Budget, and adopted the revised class specification. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3. Federal Government - Jump Start the Economy Infrastructure. Capital Improvement Fund Program. Memorandum of Understanding (MOU) with Anthony and Langford, AIA. MOVED by Mayor ProTem Wise SECOND by Councilman West to approve the Memorandum of Understanding, as submitted March 2, 1993 by Ken Putnam, Director of Public Works, with architectural firm of Anthony & Langford, AIA. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 4. Review of the Water Enterprise Fund, expenses, revenues and water rates. Councilman Switz stated he preferred to review the revenues at the scheduled meeting before making a water rate increase. Mayor Jacobson stated he preferred a slow stair - stepping type increase rather than a large one time increase. Council Consensus to direct the City Attorney to look at Sewer user fees and postpone a decision on this to the March 16, 1993 Meeting. 5. Urgency Item: Request to extend the single family, residential AB939 RFP another 14 days. MOVED by Councilman West SECOND by Councilman Robbins to hear, discuss, and take action on the item. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Councilman West SECOND by Mayor ProTem Wise to approve the extension of time. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 6. Urgency Item: Proposed purchase of safety equipment for Fire Department approved in 1992/93 Budget. MOVED by Councilman Robbins SECOND by Mayor ProTem Wise to hear, discuss and take action on the item. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Mayor ProTem Wise SECOND by Councilman West to approve the expenditure of $20,012.40 for the purchase of body armor /bullet proof vests, and to waive formal bid procedures. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F. NEW BUSINESS - CITY ATTORNEY 1. Amendment to contract with Frank Meehan - extension of contract. City Attorney Lee Dolley gave a brief staff report, extending the contract of Frank Meehan to May 8, 1993 or the effective date of a new City Manager. City Council Minutes March 2, 1993 0 MOVED by Councilman Switz SECOND by Mayor ProTem Wise to approve the extension of the contract between the City and Mr. Meehan to May 8, 1993 or the effective date of a new City Manager. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS - CITY TREASURER - NONE I. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West 1. Agendize discussion /possible action of Scot Dannen's comments raised under public communications earlier during the meeting. 2. Requested staff look into making purchases from city businesses. Councilman Robbins 1. Agendize items from a list he will submit to staff. Councilman Switz 1. Announced the Library elevator is now complete and functional. 2. Stated appreciation to staff for the wall on California Street and Imperial. Mayor Pro Tem Wise - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Ci) Business Only - 5 minute limit) - NONE MEMORIAL Mayor ProTem Wise presented a memorial for Irene Dodenhoff, a long -time resident of El Segundo. CLOSED SESSION The City Council moved into a closed session at 11:25 p.m. pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et M.) 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 as follows: §54956.9 (A) - City a party to pending litigation. Los Angeles vs. City of El Segundo Prescott Claim Patterson vs. City of El Segundo §54956.9 (B) - City might have significant exposure to litigation. Six Matters. §54957 - Personnel matters. Two Matters. Instruction To Negotiators. Two Matters. ADJOURNMENT AT 12:10 A.M. to March 3, 1993 at 7:00 p.m. indy Moos n, City Clerk D1 City Council Minutes March 2, 1993