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1995 MAY 16 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 16, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:03 P.M. INVOCATION - Rev. John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE - Mayor ProTem Weston PRESENTATIONS - 1. Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions: Hyrum Fedje, Director of Planning & Building Safety introduced Lisa Yarnell. Fire Protection Inspector II and Evelyn Gossett, Office Specialist II. Police Chief Tim Grimmond introduced Gregory Howden, Lateral Transfer Police Officer and Eric Lennstrom, Police Officer. Ed Schroder, Director of Public Works introduced Stephen Van Schoyck, Lead Custodian. 2. Proclamation declaring the week of May 21 -27, 1995 as "National Public Works Week" in the City of El Segundo and recognizing the contributions that public works officials make to our everyday health, safety and comfort. Tom Curtis, Water Lead Worker, and long time employee, received the proclamation from Mayor Jacobson. 3. Proclamation declaring June 3, 1995 as "Law Enforcement Records & Support Personnel Day" in the City of El Segundo. Fern Ruiz, El Segundo Police Department, received the proclamation from Councilwoman Friedkin 4 Ed Little, West Basin Municipal Water District presented a savings bond and winning ribbon to the winner of the poster contest for water conservation month, Melissa Murphy. 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) Five (5) individuals addressed Council Lori Dustin, Kilroy Industries. requested when she could speak about item C -2 Mayor Jacobson stated at the time the item is on the agenda. 2. Annette Latshaw, 1547 E. Palm; spoke regarding the draft minutes for 5/2/95 information regarding the car wash item. Mayor Jacobson stated that the information is contained in the Resolution. 3. Dick Fern, 200 W. Walnut; representing the Capitol Improvement Project Advisory Committee, he thanked Council for the opportunity to work on this project and stated the committee would be available for any questions. 4. (Herb Kelly, 525 W. Penn St.) expressed his concern with the minute process and their contents, the City Attorney process, and the City finances. 5. Frank Wong, 435 Valley St. expressed his concerns with the contents of the minutes. Also requested the Council to address budget concerns. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title 5- 16- 95.7pm 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 C. UNFINISHED BUSINESS - Adoption of a resolution consistent with Council direction of May 2, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environment Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd. Applicant: Mr. Tom Ennis, N/S Corporation. City Attorney Lee Dolley stated that there had been some changes to the proposed resolution that is being handed out to Council and the public at this time. Councilman Robbins stated that he had concerns with the Resolution not stating that the parking, did not meet the zoning code requirements. Mayor ProTem Weston stated there was confusion regarding the parking requirements, and stated that parking was addressed in the resolution and he is comfortable with how it is addressed. Alan Powell, 318 Sheldon requested to address Council. City Attorney Lee Dolley stated that the public hearing has been closed and there is no further provision for public input on this item. Taking further testimony would make it difficult for the parties involved and the Council. Mayor Jacobson stated they would vote first and then allow public comments. City Attorney Lee Dolley read the following: RESOLUTION NO. 3918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 94 -6, TO ALLOW A CAR WASH WITH A MINI -LUBE FACILITY AND ACCESSORY USES, INCLUDING A 24 HOUR MINI -MART WITH FOOD AND OFF -SITE CONSUMPTION BEER AND WINE SALES, AND REJECTING A PROPOSED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT (EA -359), FOR THE PROJECT LOCATED AT THE SOUTHWEST CORNER OF SEPULVEDA BLVD. AND PALM AVENUE, 639 N. SEPULVEDA BLVD. PETITIONED BY THOMAS G. ENNIS, N/S CORPORATION MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to adopt Resolution No. 3918 denying the appeal of the Planning Commission decision, thereby denying Environment Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd. Applicant: Mr. Tom Ennis, N/S Corporation, in its final version presented to Council this evening, with the addition change to page 2 section 5, the last sentence where the first occurrence of the word east be changed to west. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: MAYOR JACOBSON AND COUNCILMAN SWITZ. 312 Councilman Switz stated he voted no, and had he been in possession of the information he has now, two weeks ago, he would have supported the project at that time. Mayor Jacobson stated two weeks ago he wanted to study a few things further, and felt there was more work to be done on the matter, but felt he would have eventually come to the same conclusion as the other 3 councilmembers. Councilman Robbins stated for the public record, his position for voting to deny the conditional use permit for the car wash as he stated in the past that a CUP is not aright of the zone and also that the City Council could not make the three necessary findings, at least the majority could not, and further more that the project did not comply with the cities zoning code or the General Plan. Alan Powell, 318 Sheldon, expressed his concerns with the emotionalism involved in this decision and the lack of courtesy from both sides. He further thanked the Council for the public hearing on this matter. 2 5- 16- 95.7pm Terry Stambler - Wolfe, stated Mr. Ennis had been denied a proper hearing on this matter and he was not given a fair opportunity to respond to any comments during the public hearing. She further stated that there are findings in the resolution that are not accurate, and she did not received a copy of the resolution until Monday before the meeting, nor was she advised of the changes to the resolution. 2.. Adoption of a resolution consistent with Council direction of May 2, 1995 to approve the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance No. 94 -1 to allow a new Air Freight Forwarding and Office Facility at 2310 E. Imperial Highway. Applicant: The Midway Companies for Burlington Air Express. Mayor Jacobson and Councilman Robbins not - participating on this item, and left the dias. City Attorney stated the difficulties incurred once a public hearing has been closed and then the Council receiving further public testimony regarding the item. The Municipal Code does not provide for the re- opening of a public hearing, nor provide for further testimony. Notice of the public hearing requires persons who are going to present evidence to present it during the hearing. For Council to consider information outside of the public hearing does not give an equal opportunity for response. Since there is no ability to re -open the public hearing, the Municipal code does provide tfor the matter to be sent back to the Planning Commission for further discussion. He further stated that a legal issue may be addressed but not merits pro or con to the issue. Hugh Greenup, Senior Vice President, Kilroy Industries, stated that there are a number of significant concerns for this project and requested final action be delayed and a public hearing be reopened at a later dated. He also presented the Clerk with documents. City Attorney Lee Dolley stated the documents will be held by the Clerk. Council discussed the contents of the Resolution. City Attorney Lee Dolley read the following: RESOLUTION NO. 3919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 94-5 AND VARIANCE 94 -1 FOR THE SITING OF LOADING SPACES, AND CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT EA -352, TO ALLOW A NEW 93,800 SQUARE FOOT AIR FREIGHT FORWARDING FACILITY ON A VACANT LOT LOCATED AT 2310 E. IMPERIAL HIGHWAY, PETITIONED BY: THE MIDWAY COMPANIES FOR BURLINGTON AIR EXPRESS. MOVED by Councilman Swtiz SECONDED by Councilwoman Friedkin to adopt Resolution No. 3919, approving the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance No. 94 -1 to allow a new Air Freight Forwarding and Office Facility at 2310 E. Imperial Highway. Applicant: The Midway Companies for Burlington Air Express. 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. 3/012 Mayor Jacobson and Councilman Robbins returned to the dias. 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. 1. Warrant Numbers 219102 - 219292 on Demand Register Summary Number 43 in total amount of $617,966.95. 2. Warrant Numbers 219293 - 222115 on Demand Register Summary Number 44 in total amount of $111,609.01, and Wire Transfers in the amount of $144,765.66. 3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5. ITEM PULLED BY THE CITY MANAGER 6. Adopt Plans and Specifications No. PW 95 -1 for Repair of Sewer Main Lines 1994 -95 (estimated cost - $110,000). 3 5- 16- 95.7pm 7. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8. Sports Lighting Improvements at the Richmond Street Middle School Field and Recreation Park. Project No. PW 94 -7. (Final contract amount $131,480). 9. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 10. PULLED FOR DISCUSSION BY MAYOR JACOBSON 11. PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN MOVED by Councilman Switz SECONDED by Councilman Robbins to approve consent agenda items 1, 2, 6, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 3. City Council meeting minutes of March 21, April 4, April 18, and May 2, 1995. Held over to later in the meeting 4. Approval of Amendment to the Agreement 1713A, for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District. Councilman Robbins stated that he is concerned with the School Board not accepting liability for School Board meetings. City Attorney Lee Dolley stated that as such the School Board meeting is a public meeting and the City does not take liability for any public meeting. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve the Amendment to the Agreement 1713A, for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 5. Resolution adopting Disability Retirement Procedures for local safety members and delegating to the Director of Human Resources /Risk Management and City Manager /designee the authority to make preliminary and proposed determinations of disability for the purpose of safety member disability retirements or disability retirement cancellations. Fiscal impact: Limited to costs required to conduct hearings. Item held over. 7. Award Contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No. PW 94 -14, to Pavement Coatings Company (contract amount - $68,972.88). Councilman Robbins not - participating on this item due to a possible conflict of interest. MOVED by Mayor ProTem Weston SECONDED by Councilman Switz to award Contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No. PW 94 -14, to Pavement Coatings Company (contract amount - $68,972.88). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES; NONE. NOT - PARTICIPATING: COUNCILMAN ROBBINS. 4/011 9. The City of El Segundo is the recipient of awards in both budgeting and financial reporting from the National Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO). Councilman Robbins recognized staff for the award and City Manager gave a brief description of the award. MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to receive and file the notice of the award. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 10. Proposed Contract No. 2394, renewal with the Los Angeles Southern California Humane Society to provide animal control and shelter service for the City of El Segundo at a cost of $42,692 per year for two years. Mayor Jacobson requested this item be held to June 6, 1995 meeting 11. Ownership transfer of existing Alcoholic Beverage Control (ABC) license for on -site beer and wine sales at Hana Haru restaurant at 409 Main Street, with no change in type of ABC license or use. Council directed staff to notify Council whenever a transfer takes place. Mayor Jacobson requested that any item of this type be put on the Consent Agenda for Council notification and input purposes, 4 5 -16 -95 7pm MOVED by Councilwoman Friedkin SECONDED by Councilman Switz not protest the transfer of the existing Alcoholic Beverage Control (ABC) license for on -site beer and wine sales at Hana Haru restaurant at 409 Main Street, with no change in type of ABC license or use. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER - Resolution of the City of El Segundo declaring its intention to provide for the abatement of weeds. Ed Schroder, Director of Public Works gave a brief staff report. Councilwoman Friedkin requested aesthetics should be addressed on this as well as safety. Mayor Jacobson requested Mr. Schroder check out Richmond Street and Holly Avenue. Mr. Schroder stated he will notify the Fire Department. City Attorney Lee Dolley stated this is the first part of the process and a public hearing must be held, but it rarely goes beyond this stage. City Attorney Lee Dolley read the following: RESOLUTION NO. 3920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTIONS TO PROVIDE FOR THE ABATEMENT THEREOF. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to adopt Resolution No. 3920, declaring the City's intention to provide for the abatement of weeds.MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Request authorization to schedule a City Council workshop to discuss the police and Fire 911 communications project. Consensus of the Council to schedule June 5, 1995, 7:00 P.M. at the Matsui International Meeting Room, and the El Segundo Public Library for a workshop to discuss the police and Fire 911 communications project. 3. Distribution of Preliminary Budget document for FY 95/96 and request to schedule City Council workshops and public hearing to discuss FY 95/96 budget matters. City Manager Jim Morrison gave a brief staff report. Council received the document and scheduled June 3, 1995, 9:00 A.M. in the Council Chambers for workshop and June 6, 1995, regular Council Meeting for the public hearing to discuss FY 95/96 budget matters. Council consensus for the guidelines to be used during the workshop are as follows: 1) Heads of each City department attend the meeting to provide the City Council a short presentation concerning their department's budget. If possible a seating arrangement with microphones should be provided for the department heads to allow easy dialogue with the City Council. 2) Immediately following each presentation, the City Council discusses the section of the budget with the department head and City Manager. Each Councilmember is allowed five minutes to ask questions, comment or othewise discuss the budget for the department under consideration. The time allotted each Councilmember can be used (or not used) according to the Councilmember's desire. 3) The Council would retain the flexibility to alter, amend, or otherwise change the above procedures by unanimous consent or a simple majority vote. Councilman Switz requested staff to prepare a curve to show how the % of General Fund has varied over the last five years, for salaries and benefits. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - Retention & Destruction Policies. 5 5 -16 -95 7pm Council requested this item be held so Councilmembers could submit suggestions and changes and brought back at a later date. Council also directed a Resolution be prepared reflecting the same procedure for audio tapes as video tapes. I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - Discussion and possible action with regard to the Zoning Code provisions for parking and landscaping requirements in commercial and industrial zones. Councilwoman Friedkin gave a brief report on her concerns. Council consensus to refer this item to the Planning Commission for the quarterly zoning code review. 2. Discussion and possible action with regard to Zoning Code provisions for vacant or unoccupied lots (residential, commercial and industrial) and maintenance responsibilities. Councilwoman Friedkin gave a brief report on her concerns. Council consensus to refer this item to the Planning Commission for the quarterly zoning code review. Councilman Switz Councilman Switz requested to agendize time limitations for Council meetings. Councilman Robbins - 1. Status report on business retention and attraction program. Councilman Robbins gave an oral report on the Business retention and attraction program. He further stated that El Segundo is alive and active as a good home for business as well as residents. 2. Need to address problem of excessive errors and omissions in City Council minutes. Councilman Robbins began a report on this item. He requested a ruling from the City Attorney on the authority of the Council for amending and approving the minutes. Mayor Jacobson asked Council if they wished to have the City Attorney spend time on this matter. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to note Councilman Robbins objections and take them under consideration, and possibly agendize this at the next meeting, and cease discussion tonight on this item. City Attorney Lee Dolley ruled on the Council obligation that the Clerk has a duty to keep accurate records of the proceedings and Council has a duty to cause the Clerk to keep accurate records. Read together there is no question that the City Clerk has a duty and obligation to prepare minutes. Ultimately, if the City Council were to disagree as to the minutes, not approve them, the City Council does have an opportunity to review the minutes and make comments on them. The City Council would retain ultimate power and authority to cause the City Clerk to keep a correct record of City Council proceedings. Mayor Jacobson called the question MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS. 4/1 Council consensus to hold over the consent agenda item number 3, Council minutes, to June 6, 1995. 3. Past sewer fees not billed or collected as required by City ordinance. 6 5- 16- 95.7pm Councilman Robbins gave a brief report on this item. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin, not to collect any past sewer fees not billed. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTAINING: COUNCILMAN ROBBINS 41011 4. City policy on the use of public funds for City employees to join professional organizations and attend meetings where votes are taken on issues of public policy and political lobbying efforts. Councilman Robbins held the item. 5. Need to revise General Plan and Zoning Code to correct internal inconsistencies and unreasonable assumptions, and re- examine development densities and parking requirements. Councilman Robbins gave a brief report. MOVED by Councilman Robbins to direct the Planning Commission to identify the internal inconsistencies within the General Plan. MOTION DIED DUE TO LACK OF SECOND 6. Status of City Attorney bill audit, prospects for reductions in past billings and in the City Attorney budget for FY'95196 City budget, and alternative methods of providing City Attorney services. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to cease discussion on this item in open session and brief Councilman Robbins in close session on this matter. MOTION PASSED BY THE FOLLOWING VOICE VOTE., AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS. 411 Mayor ProTem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS -Adjournment in Memory of William 'Bill" Cameron CLOSED SESSION - 10:27 P.M. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., May 16, 1995 under "Closed Session" (if needed). ADJOU MENT 9t 11:10 P.M. to June 3, 1995 at 9:00 A.M. dy Morte rfiOCity Cle 7 5- 16- 95.7pm