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1995 MAY 02 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 2, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:04 P.M. INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - Announcement of Residential Clean -Up Week, May 1 -5, 1995, in the City of El Segundo and Household Hazardous Waste Collection Day on June 3, 1995. Mayor Jacobson made the announcement 2. Proclamation declaring Saturday, May 13, 1995 as "Fire Service Day" in the City of El Segundo and encouraging all citizens to visit an Open House at the Headquarters' Fire Station between 10:00 a.m. and 2:00 p.m. on that day. Fire Chief Jake Nielson received the proclamation from Mayor Jacobson 3. Proclamation declaring the week of May 14 -20 as "Police Week" in the City of El Segundo and recognizing May 18, 1995 as "Police Officers Memorial Day" honoring those El Segundo Police Officers and others in the South Bay who have given their lives in the line of duty. (Chris Barrett to receive proclamation). Chris Barrett received the proclamation from Mayor ProTem Weston. Tim Grimmond presented to the Council an award received from Cal State Fullerton for being named the Number One Police Department in Los Angeles County on a community satisfaction survey. This project surveyed citizen satisfaction in 76 jurisdictions within Los Angeles County. El Segundo Police Department received a 3.71 rating out of 4.00. 4. Proclamation declaring May, 1995 as "Older Americans Month," encouraging all residents to participate in the Elderfest Celebration on May 20, 1995, and recognizing Robert M. Bramhall as the 1995 El Segundo Senior Citizen of the Year. Bob Bramhall received the proclamation from Councilman Switz 5. El Segundo Optimist Club oratorical contest winners who will go on to compete with other youths in different cities having Optimist Clubs (introduced by Hank DeVisser, Chairman of the Oratorical Contest committee): Farah Billimoria and Adam Scheil were introduced to Council by Hank DeVisser. The winners gave speeches entitled "Listen to me" Councilwoman Friedkin announced that Hyrum Fedje had authored an article in Western Cities ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Four (4) individuals addressed Council 1. Steve Storm, Resident; updated Council and the public on the noise abatement project and action being taken by air controllers. City Council Minutes May 2, 1995 - 7:00 p.m. 2. Bill Mason, Rotary Club; extended an invitation to all for an "Evening of Promise" May 6, 1995, to raise funds for the El Segundo Unified School District. 3. Jane Doe, #151; spoke regarding the actions taken by the applicant of the car wash. 4. Frank Wong, 435 Valley; spoke regarding overflights of the city and their potential dangers. 5. Bill Mason, Economic Development committee of the Chamber of Commerce; urged the Council to look at the proposals objectively, study the facts and determine what they may bring or not bring to the community. A. 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 Councilman Switz to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to reverse the order of the Special Orders of Business. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN.NOES: COUNCILMAN ROBBINS. 411 Councilman Robbins stated he voted no due to the amount of people here for the Car Wash project. City Attorney Lee Dolley gave a summary of the Council's charges on amending the Precise Plan and the amendment findings. He also summarized CUP and Variances, the proposed findings. 1. Public Hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E. Rosecrans and 831 & 871 S. Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail /office complex. Applicant: Continental Development Corporation. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E. Rosecrans and 831 & 871 S. Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail /office complex. Applicant: Continental Development Corporation. He asked if proper notice of the hearing had been done in a timely manner, and if any written communication had been received regarding this matter. Clerk Mortesen stated that notice had been done by the Planning and Building Safety Department and one written communication had been received and had been provided to the Council. Councilman Robbins asked if he had any conflict of interest in this matter. City Attorney Lee Dolley stated that he did not. Pat Stitzenburger made the presentation for Continental Development Corporation and explained the main points of the project. Mayor Jacobson opened the Public Hearing. No individuals addressed Council. MOVED by Councilman Robbins SECONDED by Councilman Switz to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council discussion and questions followed. City Attorney Lee Dolley read the following: 2 City Council Minutes May 2, 1995 - 7.00 p.m. RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -350 AND ADOPTION OF A MITIGATION MONITORING PROGRAM, APPROVING AN AMENDMENT TO PRECISE PLAN 12 -782, TO ALLOW A 3,550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETAIL/OFFICE, AND JOINT USE PARKING AT 2041 E. ROSECRANS AVE. AND 831, 970 S. NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to adopt Resolution No. 3917 amending the Precise Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Jacobson and Councilman Robbins not - participating on this item, and left the dias. 2. Public Hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94- 5, and Variance 94 -1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E. Imperial Highway. The proposal includes 1 variance request for the siting of loading spaces. The original project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width. The project has been redesigned to meet these two code requirements. Applicant: The Midway Companies for Burlington Air Express. Mayor ProTem Weston stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94 -5, and Variance 94 -1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E. Imperial Highway. The proposal includes 1 variance request for the siting of loading spaces. The original project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width. The project has been redesigned to meet these two code requirements. He asked if proper notice of the hearing had been done in a timely manner and if any written communications had been received regarding this matter. Clerk Mortesen stated that public hearing notice had been done by the Planning and Building Safety Department and no written communications had been received regarding this matter. Hyrum Fedje, Director of Planning and Building Safety gave a brief staff report. Bo Sanford of the Midway Co., developer for Burlington Air Express, explained the plan with graphics and compatibility of the project. Mayor ProTem Weston opened the public hearing. 1. Alan Powell, 318 Sheldon; urged Council to view this project favorably. 2. Mike Merk, Representing Burlington, introduced the firms executives. 3. Bob Yeagley, 824 Maryland; pointed out the traffic impact to the area. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to close the public hearing MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS 31012 Mayor ProTem Weston and Councilwoman Friedkin stated they had met with Burlington executives to discuss the plan and Burlington had stated that they are willing to work with the City on this project. Councilman Switz stated that he discussed the traffic issue with a representative and they were confident that any problem would be solved. 3 City Council Minutes May 2, 1995 - 7 :00 p.m. City Manager Jim Morrison stated that Burlington has agreed to an annual mitigation fee equal to business license tax, payment of a traffic mitigation fee of $1 per square foot of building, inclusion of a specific landscaping plan that includes mature landscaping installation of a wall and landscaping sufficient to block public view of the north facing loading docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to direct staff to prepare a resolution for approval with the following points included: an annual mitigation fee equal to the business license tax, payment of traffic mitigation fee of $1 per square foot of building, inclusion of a specific landscaping plan that includes mature landscaping, installation of a wall and landscaping sufficient to block public view of the north facing docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant. Certificate of Occupancy to be held pending completion of these items. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS 31012 RECESS 9:18 P.M. RECONVENE 9:35 ALL MEMBERS PRESENT 3. Continued Public Hearing on the appeal of the Planning Commission's denial of EA- 359 and CUP 94 -6 for a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd. The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C.U.P. The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a.m. -12 midnight. Applicant: Tom Ennis, N/S Corporation. Mayor Jacobson stated this is the time and place hereto fixed for a continued public hearing on the appeal of the Planning Commission's denial of EA -359 and CUP 94 -6 for a car wash with a 2 rack mini -lube facility, at 639 Sepulveda Blvd. The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C.U.P. The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a.m. -12 midnight. He asked if proper notice of the hearing was done in a timely manner and if any written communications had been received regarding this hearing. Clerk Mortesen stated that public hearing notice was done by the Planning & Building Safety Department and five (5) letters and numerous phone calls had been received regarding this public hearing, and the Council has been provided with copies. Hyrum Fedje, Director of Planning and Building Safety gave a brief staff report. Tom Ennis, applicant presented the project. Mayor Jacobson opened the public hearing. The following people spoke in favor of the Car Wash project: Tony Barthel Janice Cruikshank John Hone Bobbi Richardson Drew Candle Joe McKensie Sally Mau Alan Powell Linda Collins Garrett Smith Bob Metcalf Charles Pulsey Gail Church Richard Fern Wants Palm Barricaded Wants Palm Barricaded Wants Palm Barricaded 4 City Council Minutes May 2, 1995 - 7:00 p.m. The following people spoke in opposition of the Car Wash project: Carl Neal Frank Von Flue Rick Henna Debra Davis Kirk Steinum Christine Giarito Susan Malis Lottie Gilley Annette Latshaw Joan Redbook Willard Krick Lorraine Neal Frank Wong Brian Clark Mark Ortega Jane Doe, #153 Bob Yeagley An Win Steve Edlefson Barbara Eden The following made comments on their support or opposition Chuck deDeurwaerder, presented his proposal for the layout of the car wash and discussed parking and stall sizes. Nancy Cobb, 1218 E. Sycamore, Chamber of Commerce President; requested the Council to set aside emotion and focus on the solution. She requested the Council to do what is right and fair for the total community and approve the request. Sandra Jacobs 402 Hillcrest, Economic Development Committee, stated the committee supports the car wash project. Jane Doe, #151, opposes the car wash, presented Council a packet (attached) with code and General Plan citations stating why the project should not be approved. MOVED by Mayor ProTem Weston SECONDED by Councilman Robbins to extend the speaking time for the above person five (5) minutes. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: COUNCILMAN SWITZ 411 Sean Mahon, 316 Mariposa, Planning Commissioner, stated if he had not had a perceived conflict of interest, the Planning Commission vote would have been 3/2 in favor of the project. MOVED by Councilman Switz SECONDED by Councilman Robbins to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to re -open the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Councilman Robbins asked if he had any conflict of interest regarding this matter. City Attorney Lee Dolley stated that he had none. Mr. Ennis, applicant responded to the problems expressed, and further stated he is willing to work with the citizens and the Council to facilitate the approval of the project. Terry Stambler - Wolfe, attorney for the applicant, addressed concerns and requested the Council continue the matter to help council disseminate the information and provide Mr. Ennis more time to work with the public and Council concerns. Councilmembers Weston, Switz, Friedkin, and Robbins stated that they had individual contact with the applicant, and discussed their concerns and the project as a whole. MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to direct staff to prepare a resolution denying the appeal. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: NONE ABSTAIN: MAYOR JACOBSON, AND COUNCILMAN SWITZ. 3/012 5 City Council Minutes May 2, 1995 - 7:00 p.m. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Request for City Council to extend the 5:00 p.m., April 28, 1995 filing deadline and re- advertise for vacancies on the Economic Development Advisory Council; Investment Advisory Committee; Library Board of Trustees; Metropolitan Cooperative Library Systems Advisory Board; Planning Commission; Recreation & Parks Commission; Senior Citizen Housing Corporation Board; and the Wall of Honor Committee. Council consensus to extend the filing deadline. May 31, 1995 5:00 P.M. 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. 1. Warrant Numbers 218778 - 218973 on Demand Register Summary Number 41 in total amount of $857,511.00. 2. Warrant Numbers 218974 - 219101 on Demand Register Summary Number 42 in total amount of $115,785.57, and Wire Transfers in the amount of $619,980.43. 3 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 4. Award contract No. 2393 for Modifications to Sanitation Pumping Plant No. 8 (Project No. PW 94 -9) to R.C. Foster Corporation (contract amount - $104,967.00). 5 Adopt Plans and Specifications No. PW 94 -10 for the Recoating of Interior and Exterior Surfaces of 200,000 Gallon Elevated Steel Water Tank (estimated cost - $150,000). 6. Agreement No 2392, between the City and the County of Los Angeles for the relocation of the County's injection and observation wells in connection with the proposed widening of Sepulveda Boulevard, between Rosecrans Avenue and El Segundo Boulevard. (City cost: $1.4 million to be reimbursed by the Metropolitan Transportation Authority). 7. Six (6) month status report by the Traffic Committee regarding traffic concerns in the vicinity of the Washington Street and Palm Avenue intersection. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve consent agenda items 1, 2, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, 1995, April 4, and 18, 1995. Councilman Robbins requested this item be held over to the May 16, 1995 meeting. F. NEW BUSINESS - CITY MANAGER - Report on Alcoholic Beverage Control (ABC) licensing requirements for ownership transfers and one -day licenses. MOVED by Councilman Switz SECONDED by Mayor ProTem Weston to authorize the Police Chief to review one -day ABC licenses upon notification of the application by the ABC. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 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 6 City Council Minutes May 2, 1995 - 7:00 p.m. Councilman Robbins - Spoke regarding the Oklahoma City bombing tragedy and the exploitation by the media. He also requested to adjourned the meeting in memory of the victims Councilman Swilz - NONE Mayor ProTem Weston - Thanked the Chamber of Commerce for the recent Ribbon cutting ceremonies. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 1. J. Wilson, resident wished the 2 new businesses in town a warm welcome MEMORIALS In memory of the Oklahoma City bombing victims. CLOSED SESSION - NONE ADJOURNMENT at 2:00 A.M. May 3, 1995 to May 16, 1995 5:00 P.M. Ckidy Morte n, City Clerk 7 City Council Minutes May 2, 1995 - 7:00 p.m.