Loading...
1994 MAY 03 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL May 3, 1994 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION given by Reverend Dr. David Tinocco, United Methodist Church. PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Weston. PRESENTATIONS Proclamation proclaiming the week of May 1 -7, 1994 as Respect for Law Week in the City of El Segundo. City Council proclaimed the week of May 1 -7, 1994 a Respect for Law Week in the City of El Segundo. Councilman Robbins presented the proclamation to Chris Barrett and John Seles. 2. Proclamation proclaiming the week of May 15 -21, 1994 as Police Week in El Segundo. City Council proclaimed the week of May 15 -21, 1994 as Police Week in the City of El Segundo. Mayor ProTem Weston presented the proclamation to Chris Barnett and John Seles. 3. Proclamation proclaiming Saturday, May 14, 1994 as Fire Service Day. City Council proclaimed Saturday, May 14, 1994 as Fire Service Day. Councilwoman Friedkin presented the proclamation to Interim Fire Chief Gary Chandler. 4. Proclamation to declare the week of May 15 -21, 1994 as the National Public Works Week. City Council declared the week of May 15, 21, 1994 as the National Public Works Week. Councilman Switz presented the proclamation to Gary Morris - Wastewater Leadworker, Roger Hernandez - Street Maintenance Worker II, and Austreberto Moreno - Custodian. 5. Proclamation honoring Hazel Yates as the 1994 El Segundo Senior Citizen of the Year and proclaiming May, 1994 as Older Americans Month in El Segundo, and encourag- ing all residents to participate in the Elderfest Celebration on May 21, 1994. Mayor Carl Jacobson proclaimed Hazel Yates as the Chamber of Commerce's 1994 El Segundo Senior Citizen of the Year, and May, 1994 as Older Americans Month in the City of El Segundo, and encouraged all residents to participate In the Elderfest Celebration on May 21, 1994. Mayor Jacobson presented the proclamation to Hazel Yates. ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkin - Present A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilman Robbins; SECONDED by Councilman Switz to approve the reading of all ordinances and resolutions on this agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. PUBLIC COMMUNICATIONS - (Related to City Business Only) (3 minute limit per person, 30 minute limit total) Seven individuals addressed the City Council. Rich Reed, 414 W. Oak Avenue addressed Council requesting their consideration of projects he has suggested during the past. Nancy Wemick, resident asked Council to take Councilman Robbins Item Number 1 under New Business City Councilmembers out of order. Peter McDonald. Attorney for the Board of Trustees for the El Segundo Unified School District thanked Council for past support stating they look forward to continued support, and ad- dressed the Imperial School Site, stating although they agree with the proposed zoning modification they did not initiate this item. Also, that the School District would like the number of residential units allowed on the Imperial School site to be minimum rather than a maximum number, and to be allowed to build more if an appropriate plan is provided. Dr. Manahan submitted a letter to the City Council on behalf of the Board of Trustees. Lotti Gillq, 1630 Palm Avenue asked to address Unfinished Business Item 3, and New Business City Manager Item Number 1; Mayor Jacobson informed her she would have the opportunity to address these items as they came up for discussion. John Savage, Doubletree Hotel congratulated the new City Council members and stated Wolfgang Pucks Restaurant was good for the City, and submitted copies of newletters by the business leader to the City Council. Dorothy Kent, 909 Dune Street addressed the Hyperion odors in April, 1994, and asked Council to encourage citizens to write letters in support of maintaining the air force base. Bill Johnston, 839 Center Street addressed inspection scheduling problems regarding 535 Loma Vista, and complained that staff had been directed not to discuss the issue with him. City Manager Morrison stated that Mr. Johnston was correct in that Mr. Fedje did issue a memo per his direction because of the amount of interruption going from one person to another repeatedly asking the same question, which was not gaining anything but disrupting staff. Mayor Jacobson closed the Public Communications portion of the meeting due to no one else wishing to address the Council. J. NEW BUSINESS AND REPORTS CITY COUNCILMEMBERS Taken out of order: 1. Discussion and possible action relating to the abatement process and the securing of Ruth Nivens' house located at or near 535 Loma Vista Street in El Segundo. Councilman Robbins stated he had this put on the agenda because he wanted to see the situation resolved where everyone could be comfortable with the resolution. Mayor Jacobson opened public comments. Judy Neville, Nancy Wernick, and Steve Werner - Neighboring Residents ad- dressed Council regarding health and safety concerns; that the property had been cleaned up and secured earlier this year after being abandoned for the past 9 years; that the property needs to be brought up to code, and what the Land Use and Housing Elements state. Lerch Querno, Ruth Nevens' Plumber informed Council that a toilet and sink had been capped off, there were no broken fixtures, other bath fixtures were alright, and that the water heater had been removed. Ruth Nivens. Owner of 535 Loma Vista addressed Council stating the property had been cleaned up and secured; she would like to have the City remove the boarding from the windows and doors so there is access to the building, and agreed to meet with the City Manager to discuss the letter agreement between the City and herself. City Manager Morrison stated the proposed agreement states that the city will remove the plywood security doors when the owner installs dead bolts and maintains those, and he understood that there is a dead bolt on the front door so the city would do that now. The city will remove plywood securing the window openings where glass is in place, and the city will do this now. There will be no move in or storage of any personal items until completion of repair 2 and rehabilitation. Plans for rehabilitation of the dwelling shall be approved prior to issuance of building permits. Start of rehabilitation shall begin from the date of this letter, which is dated yesterday, and completion of all work neces- sary for final inspection shall be completed by May 1, 1995. Also, that Mrs. Nivens would sign the agreement letter and proceed as indicated. Mrs. Nivens questioned whether this provides that the plywood would come off now so that the blueprint can be drawn, or does it have to stay on until the blueprint is approved; Mr. Morrison responded that the plywood would come off now on all windows which have glass. She stated concerns regarding signing this agreement. Mayor Jacobson closed public comments. City Council directed City Manager Morrison to meet with Mrs. Nivens' regard- ing agreement letter, and if signed to immediately remove boarding from windows and doors. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS Recreation and Parks Commission recommendation for the Operating Manual of the El Segundo Golf Course. MOVED by Councilman Switz to approve. Councilwoman Friedkin requested the item be held over to the next meeting to allow more time to review the manual. Motion withdrawn by Councilman Switz. Council consensus to hold item over to May 17, 1994. 2. Discussion of possible amendments to Chapter 20.58, Sound Transmission Control of the City Zoning Ordinance, to bring relief to R -1 property owners who do not wish to receive Residential Sound Insulation (RSI) through Airport grants, owners who wish to remodel without following the sound insulation terms mandated by the City, and similar situations. City Manager Morrison did not participate on the item due to potential conflict of interest; Assistant City Manager Harrison took over this portion of the meeting. Councilman Switz questioned whether the map in the packet reflects the con- tours as they will exist in the year 2000, and does it show fewer homes which will be affected compared to the current map; Assistant City Manager Harrison responded this is the DOA's estimate and it does exempt more homes. Councilman Robbins stated he had received a letter from two individuals who own the same property which states that the 500 square foot number would not provide them with relief and were requesting 2000 square feet as a limit to how much you can expand your existing home and be exempt from the sound insulation requirement in the zoning code. Councilman Switz stated he viewed the letter as being a challenge to the 500 square feet limit, and there are ongoing discussions with the DOA's wherein there is a sizeable amount of money involved for insulating properties on the west side that are indeed much more affected than some on the east side. This appeared to be an amendment which would allow those people who have programs on the board to go forward with it with minimal impact until the city can get a resolution from the DOA. Mayor ProTem Weston stated he agreed with the 500 square feet limit, and that the problem is the end goal which the airport has on this is the compatibility of the homes in the area, and if someone is only adding 500 square feet the envelope concept of the insulation won't really have an impact if they add or don't add it when you're speaking about leaving one or two rooms in the house and literally building a whole new home around that then that property will really be a new house that is not compatible with the land use and in his opinion the airport will have a greater reason to take a position against that. Therefore, the 3 City needs to be cautious, and take action later once they know how the negotiations will go. City Attorney Dolley read ordinance by title only: ORDINANCE NO. 1221 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING STANDARDS REGARDING THE APPLICATION OF CHAPTER 20.58, SOUND TRANSMISSION CONTROL OF THE EL SEGUNDO ZONING CODE AND DECLARING THE URGENCY THEREOF. Mayor Jacobson stated he was abstaining due to being involved in the negotia- tions of this matter. MOVED by Councilman Switz; SECONDED by Councilman Robbins to adopt Interim Zoning Code Ordinance Number 1221 to include a.) Modification of Chapter 20.58 to exclude room extensions of 500 square feet or less; b.) Replacement of the map displaying the application area of Chapter 20.58. The current map, which corresponds to the existing 65dB CNEL contour will be re- placed with one displaying the 65dB CNEL predicted for the year 2000; and c.) Exclusion from Chapter 20.58 for modifications to existing residences when their total cost Is less than 75% of the current assessed value of the structure. Also, within 45 days, prior to June 20, the Planning Commission needs to schedule a public hearing to determine 9 there Is a need to continue the ordinance. MOTION PASSED BY THE FOLLOWING VOICE VOTE 41011 - AYES: Mayor ProTem Weston, Councilman Switz, Councilman Robbins, and Councilwoman Friedkin. NOES: None. ABSTENTIONS: Mayor Jacobson. 3. Discussion of existing rules and regulations pertaining to billiard /pool hall regulations. In addition, review possible changes in the business license code and /or zoning code relating to the operations of a pool hall. No Fiscal impact to the City of El Segundo. Steve Klotzsche, Finance Director presented a report to Council stating they had requested an amendment to the Municipal Code Section 5.28.080 dealing with hours of operations and permitting a longer duration for staying open at the request of the license applicant. The Planning Division felt the existing zoning code is sufficient to determine whether this is a permitted use, and the zoning code should not be amended to address review procedures for billiards. Mayor Jacobson stated he agreed they needed to define some of these, and to have an application process in the code so staff can review it before it comes to the Council. Also, the recent business license approved for 707 Sepulveda BI. was issued with the condition that any of the new regulations would apply to it. Councilman Robbins questioned whether that also included a review for that license; Mayor Jacobson responded six months after operation. Mayor Jacobson open for public comments. Ted Dickton, resident, questioned description of pool halls /billiard rooms. John Savage stated there were some class pool halls; Mayor Jacobson re- sponded that they were licensed . Dorothy Kent, resident spoke in favor of pool halls. Lotti Gillg, 1630 Palm Avenue concerned with possibly eliminating hours from Section 5.28.080, and was not in favor of it being open for 24 hours. Nancy Wemick, resident stated she remembered the Planning Commission had looked at entertainment/amusement tax. Bill Campbell stated he believed this item was proposed and wanted by ex- councilmembers Wse and West. Liz Garnholtz, resident questioned the recommendation for the change in hours. 4 Willard Krick, resident questioned what constitutes a pool or billiard room (number of tables, square footage of room with pool tables, primary use of room, etc.), and was also concerned with hours of operation. Joe Vittori, resident questioned how the hours of operation would be enforced. George Stevens. applicant for 707 Sepulveda BI. stated he believed that he heard staff comment that they did not know what they were doing regarding this type of business and offered to be available to staff should they have any questions. He stated concerns regarding being restricted too much. Mayor ProTem Weston stated he has had a past opportunity to speak with the Director of Alcohol and Beverage Control for the State of California and former Police Chief of the City of El Segundo, and could point to many other cities who have had problems with this particular establishment exceeded any potential revenue the city was getting back in return. He was not anticipating that this would happen with this establishment, but this was just a way for the city to define these types of establishments and set some guidelines for staff and Council. Mayor Jacobson closed public communications. Councilman Robbins questioned whether staff had the opportunity to check other cities' codes regarding these types of establishments and whether they had experienced any major problems from such establishments. He felt 1:00 a.m. was an adequate time in general to stop playing pool, and if adjacent to residential property that 10:00 p.m. was an adequate time. The existing code requires a background check and questioned whether this applied to any new owners and partners, and questioned if this ordinance applied to all pool halls. MOVED by Councilman Switz to have pool hall /billiard use closed between the hours of 2:00 a.m. and 6:00 a.m. Motion died due to lack of second. Mayor ProTem Weston stated the purpose of this process, and that the Council needed to define what they want the code to state. City Attorney Dolley stated the agenda contained recommendations by staff and the City Attorney's Office. Discussion followed. Council consensus to direct staff to prepare a report and proposed ordinance on those modifications discussed regarding the El Segundo Municipal Code Business License Section 5.28. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE E. 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. Warrant Numbers 211463 - 211745 on Demand Register Summary Number 22 in total amount of $975,878.36, and Wre Transfers in the amount of $142,061.30. Approved 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; and wire transfers from 4112/94 through 4/25/94. 2. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 4. 1) Adopt Plans and Specifications No. PW 94 -1 for the 1993 -94 slurry seal of various residential streets (estimated cost - $66,500): 2) Authorize staff to advertise for bids. Adopted Plans and Specifications; authorized staff to advertise for bids. Note that City Attorney Dolley stated that there were no City Council conflicts of interests regarding this item. 5. 1993 -94 replacement of sidewalks at various locations. Specifications No. PW 94 -2 (contract amount - $170,936.45). Awarded Contract No. 2336 to the lowest responsible bidder, DJ Construction, in the amount of $ 170,936.45, and authorize the Mayor to sign the Construction Agreement. 5 6. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 7. Request for transfer of funds from the Workers Compensation Insurance Fund to the Liability Insurance Fund. No fiscal impact on the General Fund. Approved the transfer of $400,000 from the Workers Compensation Insurance Fund to the Liability Insurance Fund. 8. Approve bingo license application for the charitable organization El Segundo Auxiliary of Children's Hospital, to be held at Chevron Park on Friday, May 13, 1994. Approved this application. MOVED by Councilman Switz; SECONDED by Councilman Robbins to enact consent agenda item numbers 1, 4, 5, 7 and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of April 5, 19 and 25, 1994. Mayor Jacobson requested a correction be made to the recess time to read 8:45 pm. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Weston to approve April 5 and 19, and the April 25, 1994 minutes with correction as noted. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 3. Agreement between the City and Brown & Caldwell for professional engineering servic- es to conduct Water Rate Study and long range Financial Management Plan for the City's Water Enterprise Fund (hourly rate not to exceed a total Study cost of $15,584.00). City Attorney Dolley informed the Council they had no conflicts of interest. Councilman Robbins questioned whether the Council should set a policy or make a recommendation regarding this rate study with respect to any goals they may have with regards to distribution of charges among different types customers regarding water and sewer rates. Based on what philosophy is involved and how the city will be handling these types of charges can result in very different study results. Mayor Jacobson stated Council was looking at their expertise to tell them what areas are in for us and to look at those. Discussion followed. MOVED by Councilman Robbins; SECONDED by Councilman Switz to approve Agree- ment No. 2335, and authorized the Mayor to execute the agreement on behalf of the City based on motion and preceding discussion, and staff to return to Council for Inputs regarding the overall philosophy of the distribution of charges among customers. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 6. Discussion, review and analysis of various options available to insure the City of El Segundo against liability claims. Fiscal impact: $265,571 for FY 94/95 (budgeted). Mayor Jacobson requested this item be held over to the May 17, 1994 meeting. Council consensus to hold item over to May 17, 1994. F. NEW BUSINESS - CITY MANAGER 1. Zoning Code quarterly update and discussion of various Zoning and Subdivision Code issues as requested by the City Council and staff. City Attorney Dolley stated Councilwoman Friedkin should not participate on the Washington Street properties; Councilwoman Friedkin did not participate. Laurie Jester, Senior Planner presented an updated report and various issues regarding zoning and subdivision codes as requested by the Council and staff. Mayor ProTem Weston did not support any changes be made to the C -RS Zone 45 foot height limit. Councilman Robbins stated that there had been past attempts by the school district to have maximum or almost unlimited density development of condos and apartments there but that there was a past referendum voted on by the residents which turned down high density condos by a majority vote. He felt they should maintain a low density nature; Councilwoman Friedkin concurred. He then stated he wished to address sexually oriented businesses and asked the City Attorney to inform him of any possible conflicts of interests. City Attorney Dolley suggested that he be asked to look at the changes that are going to be made to concur with the intent of the ordinances when they were passed. Also, further discussion this evening may wait that report. Councilman Robbins felt that part of the code needed to be cleaned up. Willard Krick stated adult sexual entertainment was presently allowed in the Mixed Use Zone in the General Plan which is a large area that was either undeveloped or could be redeveloped based on the turnover, and did not feel it was an appropriate area; Mayor Jacobson stated it was required that the city allow the use in some zone and asked if he had another suggestion. Mr. Krick stated he could not find anything in the State law which required the city to have this within any zone of the city. City Attorney Dolley responded he looked at case law regarding this, and he would follow up on this subject. Council consensus to amend El Segundo Municipal Code Section 2.20.030 Large Family Day Care to require notice be given to property owners within a radius of 300 feet, approve staff request Numbers 1 through 5 including a review of wall modulation provisions; no action taken on staff request Number 6 or other Council request items. 2. Presentation of third quarter operating budget review for Fiscal Year 1993/94. City Manager Morrison stated this report states where the city stands based on the third quarter revenues and expenditures, and felt overall they were in satisfactory condition. Council received and filed . 3. Distribution of and presentation of the FY 1994/95 Preliminary Operating Budget and the FY 1994/99 Preliminary Capital Improvement Program. Dick Fearn, Chairman Capital Improvement Program Advisory Committee presented a brief report to Council. City Council consensus to receive preliminary operating and capital improve- ment program budgets and scheduled workshop on May 16 at 7:00 pm, and a public hearing on June 7, 1994 for public input regarding the two budgets. 4. SCAG Presentation On The Regional Comprehensive Plan (RCP). City Manager Morrison stated Mr. Mark Pisano the Executive Director of SCAG would be available to give a joint presentation with the Planning Commission, Economic Development Advisory Council, and the Marketing and Sales Com- mittee on the RCP Wednesday, June 8, 1994 at 7:00 p.m. City Council consensus to schedule the SCAG presentation on June 8, 1994 at 7:00 p.m. in the Council Chambers. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - NONE Councilman Robbins Discussion and possible action relating to abatement process and the securing of Ruth Nivens' house located at or near 535 Loma Vista Street in El Segundo. Taken out of order earlier during the meeting. i7 2. Discussion and possible action relating to the enabling ordinance allowing El Segundo to give Transient Occupancy Tax credits to Summerfield Suites Hotel and the Citizens Referendum on that ordinance. Councilman Robbins stated he did not need to discuss this item. Councilman Switz - NONE Mayor Pro Tem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Nancy Wernick informed Council Senator Dills and she would be in Sacramento on May 11 to discuss SB 1564 at 9:30 a.m., and that they would like to have a councilmember join them; Mayor ProTem Weston stated he and Councilwoman Friedkin would be in Sacramento on that date for the League of California Cities Convention, and would discuss this with her. MEMORIALS - NONE CLOSED SESSION The City Council moved into closed session at 10:10 p.m. pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et seq.) for purposes of conferring with City Attorney on existing and /or anticipated litigation; and /or discussing personnel matters; and /or conferring with City's Labor Negotiator on continuation of matters listed under Closed Session on the 5:00 pm, May 3 Adjourned Regular City Council Meeting Agenda, posted simultaneously with this Agenda. Please refer to that Agenda for details. ADJOURNED at 12:30 a.m. to May 16, 1994 at 7:00 p.m. ora reeman, Deputy City Clerk 8