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1993 NOV 02 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL November 2, 1993 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:03 P.M. INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Mayor ProTem Wise PRESENTATIONS ROLL CALL Mayor Jacobson - Present Mayor ProTem Wise - Present Councilman West - Present Councilman Switz - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (City Business Only) (Items not listed on the Agenda - 3 minute limit per person, 30 minute limit total) Three (3) Individuals addressed Council 1. Rich Reed, resident; spoke regarding Police policy on verbatim records during interviews and interview policy. 2. Liz Garnholz, resident; spoke regarding airport matters, complimented Harvey Holden, on a job well done. 3. Willard Krick, 1414 E. Mariposa; stated he felt the public did not have adequate time to review the new zoning code. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilman Robbins SECONDED by Mayor ProTem Wise to read all ordinance and resolution on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B. SPECIAL ORDERS OF BUSINESS 1. Continued public hearing on the proposed amendments to the Zoning and Subdivision Codes and Environmental Assessment EA -299. Mayor Jacobson stated this is the a continued public hearing on the for the proposed amendments to th, He then asked if proper notice of timely manner, and if any written ceived regarding this matter. time and place hereto fixed for Environmental Assessment EA -299 a Zoning and Subdivision Codes. the hearing was done in a communications had been re- Clerk Mortesen responded that notice was published by the Plan- ning & Building Safety Department, and no written communications had been received regarding this matter. 1. Roger Van Werk, representing Overton, Moore, and Associates, 11377 W. Olympic Boulevard submitted a letter re- flecting their views on the adoption of the General Plan and ensuing zoning code. 2. Eric Bimber, 913 Sheldon; spoke regarding the PRD zone and the Imperial School Site, he is concerned with the inclusion of a public or private recreational facilities. 1 �- Ouncil Minutes 11 -2 -93 Councilman Robbins stated his concerns with uses in the PRD Zone slipping through the cracks and being approved without Council approval. Hyrum Fedje, Director of Planning & Building Safety, stated that any use in the PRD Zone is required to come before Council for approval. MOVED by Mayor ProTem Wise SECONDED by Councilman West to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Wadden stated the urgency zoning ordinance required a four - fifths vote, but due to conflicts of interest, all five votes were required. Mayor Jacobson stated he would like a quarterly update on the Zoning Code along with the General Plan updates. Mayor ProTem Wise asked if the TDM funding mechanism needs to be addressed before adopting the Code. Hyrum Fedje stated the TDM is addressed in each development plan and agreement project by project. City Attorney Bob Wadden stated that the TDM requirements are implied in the circulation element, and the portions of the General Plan that require adequate infrastructure. It has to be done on a case by case basis. Mayor Jacobson stated this could be addressed at the first quarterly update. Councilman West stated he has concerns with the MU area by the Metro Rail Greenline station. Mayor Jacobson requested that the Quimby Act, chapter 19.24 be removed from the code. Councilman Robbins stated he thinks it is better to leave it in and if we need to improve it we can improve it in the update. He stated he was curious why the Quimby Act exempted commercial property. City Attorney Bob Wadden stated State Law requires that you adopt that exemption. The only way you can implement the Quimby Act is to adopt exactly the formulas and exemptions that are in state law. It must be complied with exactly with GC 66477. It is a fairly complex section. It only applies to subdivisions. MOVED by Mayor ProTem Wise SECONDED by Councilman West to removed the Quimby Act section from the Zoning Code. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES; COUN- CILMAN ROBBINS. Councilman Robbins stated his concerns with several areas including the height limit on Main Street, hotel permitted use in the C2 Neighborhood Commercial Zone, and the wording for the PRD zone. He requested Council consider several changes, and also the inclusion of a two month sunset clause. He questioned if the urgency ordinance is subjet to a referendum and if there is a time limit on the urgency ordinance. Discussion followed. City Attorney Bob Wadden stated urgency ordinance are not subject to a referendum, and the urgency ordinance is revoked when the permanent ordinance takes effect. MOVED Councilman West SECONDED by Councilman Switz to adopt urgency Ordinance 1211, approving environmental assessment No. 2 (_uuncil Minutes 11 -2 -q? EA -299 and Zone Text amendment ZTA 92 -1, deleting the existing Title 19 and 20 of the E1 Segundo Municipal Code, adding a new Title 19 and a new Title 20 to the E1 Segundo Municipal Code relating to subdivisions and Zoning, Adoption of a new zoning map, and adoption of a negative declaration of environmental impacts which is based on a previously certified environmental impact report. Petitioned by the City of E1 Segundo. With a sunset clause of two (2) months. He then requested a five minute recess. Discussion followed. RECESS 8:00 P.M. RECONVENE 8:07 P.M. ALL MEMBERS PRESENT Councilman Robbins requested to change a) PRD purpose, Section 20.21.010 change "development plan" to "development or land use plan "; b) Section 20.21.060 modify to "development or land use plan "; c) Language providing for a sunset clause of two (2) months; d) removal of the Quimby Act Section; and e) request to make the motion himself. MOTION WITH DRAWN BY COUNCILMAN WEST AND SWITZ. MOVED Councilman Robbins SECONDED by Councilman Switz to adopt urgency Ordinance 1211, approving environmental assessment No. EA -299 and Zone Text amendment ZTA 92 -1, deleting the existing Title 19 and 20 of the E1 Segundo Municipal Code, adding a new Title 19 and a new Title 20 to the E1 Segundo Municipal Code relating to subdivisions and Zoning. Adoption of a new zoning map, and adoption of a negative declaration of environmental impacts which is based on a previously certified environmental impact report. Petitioned by the City of E1 Segundo. The follow- ing changes to be included: a) Section 20.21.010, Purpose add between the words "development" and "plan" to read "development or land use plan "; b) Section 20.21.060, PRD Plan Application, modify "development plan" to "development or land use plan "; c) Language providing a sunset clause of two (2) months. Mayor Jacobson asked that the motion be amended to also remove the Quimby Act Section; Councilman Robbins amended motion to include d) removal of the Quimby Act Section; City Attorney Bob Wadden read the following: ORDINANCE 1211 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -299 AND ZONE TEXT AMENDMENT ZTA 92 -1, DELETING THE EXISTING TITLE 19 AND 20 OF THE EL SEGUNDO MUNICIPAL CODE, ADDING A NEW TITLE 19 AND A NEW TITLE 20 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO SUBDI- VISIONS AND ZONING, ADOPTION OF A NEW ZONING MAP, AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS WHICH IS BASED ON A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Councilman Robbins stated for the Public Record that there are considerable negative impacts due to the zoning code that I do not approve of and I only supported this urgency ordinance as an interim measure. City Attorney Bob Wadden read the following: ORDINANCE NO 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -299 AND ZONE TEXT AMENDMENT ZTA 92 -1, DELETING Council Minutes 11 -2 -Q� THE EXISTING TITLE 19 AND 20 OF THE EL SEGUNDO MUNICI- PAL CODE, ADDING A NEW TITLE 19 AND A NEW TITLE 20 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO SUBDIVISIONS AND ZONING, ADOPTION OF A NEW ZONING MAP, INCORPORATION OF THE SMOKY HOLLOW SPECIFIC PLAN, AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS WHICH IS BASED ON A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. COUNCILMAN WEST INTRODUCED ORDINANCE 1212 WITH THE SAME CHANGES AS STATED IN THE ABOVE MOTION FOR 1211. ITEM TAKEN OUT OF ORDER H. NEW BUSINESS - CITY CLERK 1. Referendum petitions against Ordinance Nos. 1201 and 1204. PUBLIC COMMENT 1. Nicky Wislocky, resident addressed the lack of publi- cation of the Ordinances in the local paper, and comments of the Council at the last meeting. Councilman Swtiz stated that to him attracting new business and retaining existing business is the number one priority. If the Ordinances are repealed he as a Councilman has no appetite to expend any effort to attract Business. He will be voting no on a repeal motion. Councilman West stated the City has requested business to agree to a tax for business and now is the time for the resident to do so also. It is a fair fee. Mayor ProTem Wise stated he felt the voters stated they were willing to be taxed to support the schools. He will vote to repeal the fees because the Council has not fulfilled their commitment to the School District. Councilman Robbins stated he felt residents do pay their fair share, and this has no connection to the Business Retention and Attraction program. Residents are being asked to pay for waste in City Hall. MOVED by Councilman Robbins SECONDED by Mayor Jacobson to direct the City Attorney to prepare an Ordinance repealing Ordinance No. 1201 and 1202. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, AND COUNCILMAN ROBBINS. NOES; COUNCILMAN WEST AND COUNCILMAN SWITZ 3/2 COUNCILMAN SWITZ LEFT THE MEETING AT 8:50 P.M. ITEM TAKEN OUT OF ORDER F. CITY MANAGER - NEW BUSINESS 4. Request for City Council consideration of approval to process a no -fee or single -fee "Blanket" Large Family Day Care Permit for existing and planned Large Family Day Care (7 to 12 children) providers. Laurie Jester, Senior Planner gave a brief staff report. PUBLIC COMMENT 1. Linda Pollard, resident submitted a letter requesting the Council to support large family day care facilities., 4 F'oun, i 1 Minutes 11 -2 -91 2. Becky Crabtree 709 W. Pine; stated the City should help home day care providers to get these permits, day care is an excellent source for the community. 3. Jane Friedkin, Elm Ave. stated there is a need for good quality day care, Also she felt day care providers had a good income and exempting fees was not necessary. 4. Dave Mertel, 8353 Naylor; stated he is not a resident, but his wife does work in E1 Segundo, day care is a matter of choice, day care homes properly approved by the State and the Fire Department should be approved and allowed to have their business license. Councilman Robbins asked if there is a problem with an existing day care home can this be addressed by the City. City Attorney Bob Wadden stated the State License process is not affected, but the City has a right to abate public nuisance. MOVED by Councilman West SECONDED by Mayor ProTem Wise to approve the process of a single -fee "Blanket" Large Family Day Care Permit for existing and planned Large Family Day Care for 7- 12 Children providers. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 COUNCILMAN SWITZ; ABSENT C. UNFINISHED BUSINESS 1. Receipt and opening of Master Lessee proposals to manage /operate the E1 Segundo golf course. City Manager Jim Morrison opened and read the Master Lessee proposals to manage /operate the E1 Segundo golf course. Councilman Robbins asked if it was specified that only original proposers would be considered, other Companies may have wanted to submit a proposal. City Attorney Bob Wadden stated this is not a competitive pro- cess, like a public works contract, and the City may choose whom it wishes. MOVED by Mayor ProTem Wise SECONDED Councilman West to refer the proposals to a committee made up of the City Manager, Recre- ation and Parks Director, Director of Finance, a Representative of the City Attorney's Office, Two members of the Recreation and Parks Commission, Council Sub - committee, and one outside expert for analysis and recommendation. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. COUNCILMAN SWITZ, ABSENT 2. Second reading and consideration of adoption of ordi- nance approving the City of E1 Segundo's General Plan Amendment GPA 93 -1 regarding land use designation changes to the Middle School, St. Anthony's Church /School, and the Library building, and adopting a Negative Declaration for Environmental Assessment EA- 322. City Attorney Bob Wadden read the following: ORDINANCE 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 93 -1 REGARDING LAND USE DESIGNATION CHANGES TO THE MIDDLE SCHOOL, ST. ANTHONY'S CHURCH /SCHOOL AND THE 5 1 Miriutes 11 -: -4l LIBRARY ENVIRONMENTAL ASSESSMENT NO EA -322 - 615 RICHMOND STREET, 710 & 720 EAST GRAND AVENUE AND 205, 215, 223, 233 LOMITA STREET, AND 111 MARIPOSA AVENUE. MOVED Councilman Robbins SECONDED Mayor ProTem Wise to adopt Ordinance 1209 adopting General Plan Amendment GPA 93 -1 regarding land use designation changes to the Middle School, St. Anthony's Church /School and the Library Buildings and adopting a negative declaration under environmental assessment No,. EA -322 - 615 Richmond Street, 710 & 720 East Grand Avenue and 205, 215, 223 & 233 Lomita Street, and 111 Mariposa. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCILMAN SWITZ; ABSENT 3. Consideration of adoption of a resolution upholding an appeal, thereby denying Environmental Assessment EA- 308, Conditional Use Permit 93 -2, Subdivision 93 -2, Vesting Tentative Map 51656 and Variance 93 -1 for the conversion of an existing nine (9) unit apartment building to condominiums, located at 512 West Imperial Avenue. City Attorney Bob Wadden read the following: RESOLUTION NO 3837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA UPHOLDING AN APPEAL, THEREBY DENY- ING VARIANCE 93 -1, CONDITIONAL USE PERMIT CUP 93 -2, SUBDIVISION 93 -2 AND VESTING TENTATIVE MAP 51656 FOR THE CONVERSION OF AN EXISTING 9 UNIT APARTMENT BUILDING TO CONDOMINIUMS AT 512 WEST IMPERIAL AVENUE (ENVIRONMENTAL ASSESSMENT EA -308). PETITIONED BY CHARLES BELAR- BURGER. MOVED Councilman Robbins SECONDED by Mayor ProTem Wise to adopt Resolution No. 3837 upholding an appeal, thereby denying Variance 93 -1, Conditional Use Permit CUP 93 -2, subdivision 93 -2 and vesting tentative map 51656 for the conversion of an existing 9 unit apartment building to condominiums at 512 West Imperial Avenue (Environmental Assessment EA -308). Petitioned by Charles Belak- Burger. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL- MAN SWITZ; ABSENT Councilman West stated he felt direction should be given to the Planning Commission on exactly what Council Policy is regarding variances. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Consideration of E1 Segundo Senior Citizens Housing Corporation calendar year 1994 budget. Councilman Robbins stated that the budget submitted in the agenda packet was illegible. MOVED Councilman West SECONDED Mayor ProTem Wise to approved the Senior Citizens Housing Corporation calendar year 1994 budget. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. COUNCILMAN SWITZ ABSENT 2. Mayor Jacobson announced the following appointments to: CAPITOL IMPROVEMENT PROGRAM: 1) Eugene J. Gillingham - Term to expire November 30, 1994 (Resident Representative). 6 Council Minutes 11 -2 -9i 2) Harry A. Reeves - Term to expire November 30, 1995 (Residents Representative). 3) A.J. Paz - Term to expire November 30, 1997 (Business Representative). _ #A4 two] MeCO)ZIOw4w-0)4iTy040W0:4Dfi 1) Daniel P. Coonan - Term to expire July 30, 1995. 2) Lora Freeman - Term to expire July 30, 1997. INVESTMENT ADVISORY COMMITTEE: 1) Kelly McDowell - Term to expire August 30, 1997. E. CONSENT AGENDA All items listed are to be adopted by one motion without discus- sion 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. Warrant Numbers 208047 - 208311 on Demand Register Summa- ry Number 9 in total amount of $1,044,208.59. 2. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 3. Installation of Pump No. 1 (100 horsepower booster pump) for the water plant at 400 Lomita Street. Speci- fications No. PW 93 -2. Estimated project cost: $76,500. 4. Request City Council approval for water sealing of City buildings (Fire Station No. 1 and City Hall). Specifi- cations No. PW 93 -16. Estimated project cost: $37,500. 5. Construct miscellaneous water system improvements. Specifications No. 92 -12A. Estimated project Cost: $730,000. 6. City Hall heating, ventilating and air conditioning (HVAC). Specifications No. PW 93 -14. Estimated pro- ject cost: $380,510. 7. Request for revision to Proposition "A" administrative budget in the amount of $5,809. 8. Request for the City Council to approve the purchase of the aerial ladder /quint apparatus for the Fire Depart- ment. 9. Report on Police Department interviewing policy. MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve consent items numbers 1,3,4,5,6,7,8 and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. COUNCILMAN SWITZ, ABSENT CALL ITEMS FROM CONSENT AGENDA 2 City Council meeting minutes of September 13, 14, 21 and 28, and October 4, 5, and 19, 1993. MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the City Council meeting minutes of September 13, 14, 21 7 Council Minutes 11 -2 -93 and 28, and October 4, 5, and 19, 1993. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, AND COUNCILMAN WEST. NOES; COUNCILMAN ROBBINS. ABSENT; COUNCILMAN SWITZ. 3/1/1 F. NEW BUSINESS - CITY MANAGER 1. Reschedule two -hour briefing by Dr. John McCarty re- garding Segmentation Analysis as it relates to the Economic Development Strategic Plan. CONSENSUS TO SCHEDULE NOVEMBER 22, 1993, 7:00 P.M. FOR THE TWO - HOUR BRIEFING BY DR. JOHN MC CARTY REGARDING SEGMENTATION ANALY- SIS AS IT RELATES TO THE ECONOMIC DEVELOPMENT STRATEGIC PLAN. 2. Reclassification of a Park Maintenance Leadworker position to the job classification of Park Maintenance Supervisor. MOVED Mayor ProTem Wise SECONDED by Councilman West to approve the reclassification of a Park Maintenance Leadworker position to the job classification of Park Maintenance Supervisor. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. COUNCILMAN SWITZ, ABSENT 3. Consideration of an ordinance authorizing tax credit agreements to facilitate development of hotels in El Segundo. PUBLIC COMMENT: 1. Willard Krick, 1414 E. Mariposa; stated he felt with this ordinance, new hotels would be granted an unfair advantage over existing hotels. City Manager Jim Morrison stated the City does want to facilitate existing hotels while attracting new hotels and business. The optimum situation is for them to grow and the city can grow. 2. Daniel Nakasoni, Crown Sterling Suites; tics on his operation vs others in other cities proposal that would equally serve all should be also stated that lower occupancy tax for all E1 would increase the advantage for the E1 Segundo other areas. submitted statis- He felt a fair developed. He Segundo Hotels area against Mayor ProTem Wise stated he felt the TOT should be revisited with a possibility of a sliding scale, adjust the TOT downward as the occupancy increased. Mayor Jacobson suggested holding the ordinance over to incorpo- rate the changes discussed tonight. Councilman Robbins stated the methodology and impact on existing business needs to be addressed., Item to be readdressed; Staff to investigate exemption for Government per diem, and other means of providing some form of relief for existing hotels. 4. Request for City Council consideration of approval to process a no -fee or single -fee "Blanket" Large Family Day Care Permit for existing and planned Large Family Day Care (7 to 12 children) providers. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING G. NEW BUSINESS - CITY ATTORNEY - NONE 8 Council Minutes 11 -2 -93 H. NEW BUSINESS - CITY CLERK 1. Referendum petitions against Ordinance Nos. 1201 and 1204. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Robbins Stated the current fires are a sad situation and we are fortunate we are not impacted by them. He also complimented the Fire Department on their contributions. - Councilman Switz 1. Discussion regarding the indexing of business license tax rates and possible suspension of the indexing for 1994. Mayor ProTem Wise and Councilman West feel this is an appropriate way to send business a message that we are willing to help and cooperate. Councilman Robbins stated he is concerned with the reducing revenue to the City. ITEM HELD OVER TO NOVEMBER 16, 1993 MEETING Mayor ProTem Wise - Stated he reviewed the October 19, 1993 meeting tape and was not impressed, he also stated he felt the message being sent to business was poor. He commended the El Segundo Fire Fighters who are participating in helping to suppress the fires and stated E1 Segundo should be proud of them. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) 1. Jane Friedkin, resident; comments on the Councils statements. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 10:10 P.M. to November 16, 1993 at 5:00 P.M. Cindy Mortesen, City Clerk 9 Council Minutes 11 -2 -93