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1996 SEP 17 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 17, 1996 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobs at 7:08 p.m. INVOCATION given by Reverend Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE led by Councilwoman Jane Friedkin PRESENTATIONS 1. Commendation to Mike Dodd, El Segundo resident, in recognition of his achievements as an United States Olympic Volleyball Team Silver Medalist, for advancing the sport of Beach Volleyball, and for the recognition he has brought to the South Bay and El Segundo. Councilman Gordon presented Mike Dodd with an Achievement Commendation. 2. Presentation by the El Segundo Chamber of Commerce to the El Segundo Public Library of two copies of The Tuskegee Airmen, dedicated to Lt. General Lester L. Lyles, Commander of the United States Air Force Space and Missile Systems Center, for his service in support of our community. Jerry Saunders presented the gift to Library Director Barbara Pearson. ROLL CALL Mayor Jacobs Present Mayor ProTem Wemick Present Councilman Weston Present Councilwoman Friedkin Present Councilman Gordon Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250. - Eight Individuals addressed the City Council. Liz Gamholtz, resident complained about the Planning Commission's handling of a conditional use permit hearing at their last meeting. Brian O- Rourke. 627 Mariposa Avenue complained of not receiving any response on those questions asked at the LAX Masterplan hearing, and asked the City Council to get mitigations from LAX. J. Wilson, resident informed the City Council and the public of a reception to be held on October 6 from 4:00 -6:00 p.m. at Studio 218 for the Home Town Mural by artist Don Gray which should begin the first week of October. Also, a dedication reception is scheduled for October 23. Nancy Cobb. DESI informed the City Council and the public about another mural called "Spirit of Aerospace" by artist Scott Bloomfield which will be located on the side of the Masonic Hall. She thanked City Council Minutes 9/17/96 - 7:00 p.m. Brian McCullough for his assistance in coordinating with Hughes Aircraft and others. Tracy O'Brian, resident complained about a loud noise incident at the Hyperion plant, and how her complaint was handled by staff. City Manager Morrison responded they were having a meeting in the morning and would take care of the situation. Dorothy Kent, 909 Dune Street complained about the landscape agreement with Hyperion, and asked the City Council to look at the Mitigation Agreement/Plan. 1. Request from Elizabeth C. Cook, ROAD Representative, for City support of a "Mile of Quarters" to raise funds for drug prevention programs for the youth of El Segundo on October 19, 1996 (in conjunction with the Richmond Street Fair) on both sides of Main Street from the High School to Grand Avenue without blocking any intersections or impeding pedestrian traffic on the sidewalks. Janice Cruikshank, 129 E. Elm Avenue asked the Council to approve of the Mile of Quarters request from ROAD. MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to approve the request. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on Agenda by title only. MOVED by Mayor ProTem Wemick; SECONDED by Councilwoman Friedkin to approve motion to read all ordinances and resolutions on agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. B. SPECIAL ORDERS OF BUSINESS - Continued Public Hearing on proposed Ordinance amending Section 20.54.050E. and adding Section 9.42.010 to the El Segundo Municipal Code relating to the use of vehicles for human habitation. Mayor Jacobs announced this was the time and place hereto fixed for a continued public hearing on a proposed ordinance amending Section 20.54.050E. and adding Section 9.42.010 to the El Segundo Municipal Code relating to the use of vehicles for human habitation, and asked whether proper notice was done in a timely manner and whether any written communications had been received. Deputy City Clerk Freeman responded that the City Clerk's Office published the public hearing and posted the continued public hearing notice, and that no written communications had been received by the City Clerk's Office. Police Chief Tim Grimmond presented a brief report. Mayor Jacobs opened the hearing for public comments. No one wished to address the Council. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 2 City Council Minutes 9/17/96 - 7:00 p.m. City Attorney Mark Hensley read title only: ORDINANCE NO. 1261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 20.54.050E, AND ADDING SECTION 9.42.010 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE USE OF VEHICLES FOR HUMAN HABITATION. INTRODUCED by Councilwoman Friedkin. C. UNFINISHED BUSINESS - 1. Second reading and adoption of an Ordinance to amend various sections of the Zoning Code and the Smoky Hollow Specific Plan (Title 20 of the El Segundo Municipal Code) related to the height of open work fences, provisions for inter -modal transit facilities in the Open -Space (O -S) Zone, motion picture /television production facilities, the Administrative Use Permit process, outdoor dining regulations in non - residential zones, adult use zoning regulations, compact parking requirements, and various definitions (EA -376A and ZTA 96- 1A). Applicant: The City of El Segundo. City Attorney Hensley read title only: ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -376A AND ZONE TEXT AMENDMENT 96 -1A AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE), AND THE SMOKY HOLLOW SPECIFIC PLAN, ALL OF WHICH ARE COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to adopt Ordinance No. 1260. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Status of Recruitment for positions on Commissions, Committees and Boards. Council consensus to schedule interviews for September 25, 1996 beginning at 7:00 p.m., after their 5:00 p.m. closed session. 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. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK. 2. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK. 3 City Council Minutes 9/17/96 - 7:00 p.m. 3. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK. 4. PULLED FOR DISCUSSION BY CITY MANAGER MORRISON. 5. Administrative change to an existing Alcoholic Beverage Control (ABC) license for on -site consumption of beer and wine (Type 41 - On -Sale Beer and Wine Eating Place- Restaurant Operation) at the outdoor patio at the existing Anthony's Restaurant at 143 Main Street. The existing restaurant has had a Type 41 license for approximately 35 years. Applicant: Mr. Ron Fumari. 1) Determined the City does not protest the issuance of the new ABC license; and 2) Received and filed the determination of the Director of Planning and Building Safety to approve the pending Administrative Use Permit (AUP) for the alcohol sales (EA -396, AUP 96 -1). 6. PULLED FOR DISCUSSION BY COUNCILMAN GORDON. 7. A Resolution of the City Council of the City of El Segundo, California revising City Personnel Rule 14, "Disciplinary Actions," such that Disciplinary Suspensions imposed on FLSA exempt employees shall be imposed only for such periods of time as will permit the employee to retain his or her exemption under the Fair Labor Standards Act. Adopted Resolution No. 3984. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to approve of Consent Agenda Item Numbers 5 and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 1. Warrant Numbers 233238 - 233384 on Demand Register Summary Number 09 in total amount of $233,410.33. Mayor ProTem Wemick stated she would not be voting on the warrant regarding the Whitmore Firm; City Attorney Hensley suggested she not participate on that warrant due to possible conflict of interest. Councilman Gordon stated he disagreed with some of the charges on the Whitmore Firm's invoice and suggested they pull that warrant out and hold it over to the next meeting in order to give staff time to speak with the Whitmore Firm. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments, excluding the Whitmore Firm warrant. Staff to speak with the Whitmore Firm regarding some of their charges to see whether they could lower them, and continue this warrant over to their meeting of October 1, 1996. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. (Note that Mayor ProTem Wernick did not vote on the Whitmore issue) 2. Warrant Numbers 233385- 233540 on Demand Register Summary Number 10 in total amount of $380,045.13, and Wire Transfers in the amount of $1,019,678.68. 4 City Council Minutes 9/17/96 - 7:00 p.m. Mayor ProTem Wemick stated she would not vote on the Bank of America warrant; City Attorney Hensley suggested she not participate on that issue due to possible conflict of interest. Councilman Gordon suggested they also continue this warrant to October 1, 1996. MOVED by Councilman Gordon; SECONDED by Councilman Weston to approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 08/29/96 to 09/11/96, excluding the Bank of America warrant, and to continue that warrant over to their meeting of October 1, 1996. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. (Note that Mayor ProTem Wemick did not vote on the Bank of America issue) 3. City Council meeting minutes of August 20, 1996 and September 3, 1996. Mayor ProTem Wemick stated she would not vote to approve the August 20, 1996 minutes due to the minutes stating no action had been announced by the City Council after their closed session at the end of the 7:00 p.m. meeting. Discussion followed. City Attorney Hensley responded that he would prepare a written paper on the Brown Act questions regarding the reporting in open session of actions and directions to staff taken or given in closed session. MOVED by Councilwoman Friedkin; SECONDED by Councilman Weston to approve of the minutes for September 3, 1996 - Councilman Gordon called for discussion stating he concurred with Mayor ProTem Wemick that the announcement should be in the minutes. Discussion followed. MOTION AMENDED by Councilwoman Friedkin; SECONDED by Councilman Weston to approve of the August 20, 1996 and September 3, 1996 City Council minutes as is. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 - AYES: Mayor Jacobs, Councilman Weston, Councilman Gordon, and Councilwoman Friedkin. NOES: Mayor ProTem Wemick. 4. A resolution of the City Council of the City of El Segundo authorizing City Staff to submit an application for Santa Monica Bay Competitive Grant Program (fiscal impact $40,000.00 requested grant funding with $8,000.00 of in -kind services match). City Manager Morrison stated he pulled the item only to point out that the City Council would be adopting a resolution. City Attorney Hensley read title only: RESOLUTION NO. 3983 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR PUMP STATION NOS. 16 & 17 DRY - WEATHER DIVERSION LINE. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to adopt Resolution No. 3983. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 5 City Council Minutes 9/17/96 - 7:00 p.m. 6. Amendment No. 1 to the City Attorneys' Agreement to Provide Legal Services. Councilman Gordon questioned the retainer and hourly fees. Discussion followed. MOVED by Councilman Gordon; SECONDED by Councilman Weston to approve Agreement Number 2411A an Amendment No. 1 to the City Attorneys' Agreement to Provide Legal Services. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 - AYES: Mayor Jacobs, Councilman Gordon, Councilman Weston, and Councilwoman Friedkin. NOES: Mayor ProTem Wemick. F. NEW BUSINESS - CITY MANAGER - 1. Discussion of methods to develop parameters for the 1997 -98 fiscal year budget. City Manager Morrison suggested continuing this item and the City Attorney's item to October 1, 1996 due to hour and the fact they would take approximately 45 minutes to discuss. Council concurred. G. NEW BUSINESS - CITY ATTORNEY - 1. Oral presentation on Proposition 218. Item continued to the meeting of October 1, 1996. H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon stated the Fireman's Ball was a great event which raised a lot of money which would ultimately help the charities in El Segundo. Councilman Weston recognized the Chamber of Commerce for their excellence regarding the murals. Councilwoman Friedkin commented on the SBCG Steering meeting, and on her presentation of a proclamation at the South Bay Light Opera. Mayor Pro Tern Wemick - 1 . Discussion on the current code enforcement policy. Mayor ProTem Wernick stated she found four to five conflicts regarding the present policy and suggested they hold a workshop on what the code is, how it is enforced, and allow public and staff to comment. Mayor Jacobs felt it was very important to discuss this issue and allowing for public comments; Councilman Weston concurred. Councilman Gordon suggested not scheduling the workshop until the City Manager could speak to staff. Discussion followed. Council consensus to schedule a workshop /meeting solely for a discussion about the Code and how Council intends to enforce IL 6 City Council Minutes 9/17/96 - 7:00 p.m. 2. Request City Attorney to describe the format of closed agenda items, explanations for how cases are listed and report of actions taken in open session. Mayor ProTem Wemick stated this item would be held over to October 1, 1996. Mayor Jacobs commented on her recent briefing by the Air Force regarding defenses and the United States strategies. She thanked the Air Force for their interest in informing the City what the Air Force does for the United States. Further stating that the Air Force supplied the transportation only, and that she paid for the rest. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. - O ne Individual addressed the City Council. Liz Gamholtz commented on why there was such a delay in getting the LAX A.R.T.S. reports, and stated that the Noise Abatement Committee was writing a letter requesting LAX to streamline the system in order to receive these reports on time before they are destroyed. MEMORIALS Mayor Jacobs adjourned in memory of Keith Covington's mother who recently passed away. CLOSED SESSION - NONE ADJOVAN ED a :00 p.m. to September 25, 1996 at 5:00 p.m. i k � L a Freeman, Deputy City Clerk 7 City Council Minutes 9/17/96 - 7:00 p.m.