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1997 MAY 06 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 6, 1997 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobs at 7:05 p.m. INVOCATION - given by Reverend Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - led by Councilman Gordon PRESENTATIONS - 1. Proclamation declaring May, 1997 "Older Americans Month," encouraging all residents to participate in the Senior Recognition Day luncheon on May 17, 1997 and honoring Carlota Guy as the 1997 El Segundo Senior Citizen of the Year. Mayor Jacobs presented Carlota Guy with the Proclamation 2. Proclamation decla�ing Saturday, May 10, 1997 as FIRE SERVICE DAY and encouraging all citizens to visit the Open House at the Fire Station Headquarters, 314 Main Street, Saturday, May 10, 1997, between the hours of 10:00 a.m. and 2:00 p.m., to become better acquainted with El Segundo's fire service personnel, equipment, and facilities. Councilwoman Friedkin presented Fire Chief Jake Neilson with the Proclamation 3. Proclamation declaring the week of May 4 -10, 1997 as Municipal Clerks' Week, expressing the City's appreciation to City Clerk Cindy Mortesen and her staff and recognizing the vital services they perfo,m. Mayor ProTem Wernick presented Clerk Mortesen with the Proclamation ROLL CALL Mayor Jacobs Present Mayor ProTem Wernick Present Councilwoman Friedkin Present Councilman Weston Pres ent Councilman Gordon Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received valu•, of $50 or more to communicate to the City Council on behaf of another, and employees speaking on behalf of their employer, must .;o identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $:'50. Four (4) individuals addressed the City Council. 1. Bob Bramhall, 409 Virginia: spoke regarding the gardening club and a presentation on May 28, at 1:30 p.m. at Joslyn Center on Trees of the LA Costal area. 2. Dorothy Kent, 909 Dune; thanked ESRA and Mayor ProTem Wernick for the help on the Hyperion project that was withdrawn. 3. Marcia Pummell, Chambei of Commerce President; invited everyone to attend "Let's Do Lunch" Wednesday May 7, 1997 4. Resident; announced the rAemorial Day Services will be held May 26, 2997 at the El Segundo High School at 10:00 A.M. 1 City Council 05 -06 -97 A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B. SPECIAL ORDERS OF BUSINESS - Public Hearing and Appeal of the Planning Commission's decision to Deny a Conditional Use Permit to construct a 3,050 gross square foot (approximate) Carl's Jr. fast food restaurant with a drive -thru, to be located on an 0.86 acre vacant parcel of land at the southwest corner of Sepulveda Boulevard and Palm Avenue, at 639 North Sepulveda Boulevard, in the General Commercial (C -3) Zone. Drive -thru restaurants require approval of a Conditional Use Permit in all commercial and industrial zones (EA -387, CUP 96 -3). Applicant and Appellant: CKE Restaurants, Inc., (Carl's Jr.). Property Owner: N/S Express, Inc., Mr. Tom Ennis. Mayor Jacobs stated this is the time and place hereto fixed for a Public Hearing and Appeal of the Planning Commission's decision to Deny a Conditional Use Permit to construct a 3,050 gross square foot (approximate) Carl's Jr. fast food restaurant with a drive -thru, to be located on an 0.86 acre vacant parcel of land at the southwest corner of Sepulveda Boulevard and Palm Avenue, at 639 North Sepulveda Boulevard, in the General Commercial (C -3) Zone. Drive -thru restaurants require approval of a Conditional Use Permit in all commercial and industrial zones (EA -387, CUP 96 -3). Applicant and Appellant: CKE Restaurants, Inc., (Carl's Jr.). Property Owner: N/S Express, Inc., Mr. Tom Ennis. She asked if proper notice had been done and had any written communications been received. Clerk Mortesen stated proper notit:ing had been done and three (3) written communications have been received by the Clerk's office. Bret Bernard, Director of Planning and Building Safety gave a brief staff report. Public communications: The following residents spoke against the Carls Jr. Restaurant: Carl Caleaono, 1630 E. Palm Chris Mengle, Woodies Owner Lottie Gillig 1637 E. Palm Sherry Long, resident Gert Vaugley Mariposa Lynn James, resident Mitch Green 1560 E. Palm Annette Ladshaw, 1534 E. Palm Jim Kerkis 1564 E. Palm Greg Adder, 1629 E. Palm Jenny Kirkis 1564 E. Palm Jim Lanskey 1524 E. Palm Rick Hannah 1445 E.. Palm Locrezia Van Dye 1629 E. Palm The following people spoke in support of Carl's Jr. Restaurant Marcia Pummell, Chamber of Corimerce President John Condas, attorney for CKE Lorenzo Reyes, CKE Enterprises Tim Muldone, Construction Cons Itant Steve Sheldon, Consultant 2 City Council 05 -06 -97 Council consensus to close the Public Hearing. The City Attorney Mark Hensley stated that the Council decision must be to either uphold, modify, oppose or return to the Planning Commission, and they must make an independent decision based on the information provided. MOVED by Councilman Weston SECONDED by Mayor ProTem Wernick to direct staff to prepare a Resolution denying the appeal and uphold the Planning Commission decision. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: MAYOR JACOBS. 4/1 RECESS: 10:15 p.m. RECONVENE 10:35 p.m. ALL MEMBERS PRESENT 2. Public hearing on the following proposed Amendments to the General Plan, Zone Text and Zoning Map: Planning Commission Appeals, Smoky Hollow Specific Plan (SHSP) Parking, Subdivision Extensions, SHSP Height Bonus, Golf Course, Initiation of ZTA/GPA, Service Stations /Automobile Services, Sepulveda Boulevard Building Heights, Video Arcades, Drive - thrus, Architectural Landscape Features, Residential Heights, MU North and South, Edison Right -of -Way, TDRs- Transfer of Development Rights, and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, Zone Change 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Development Rights (TDRs). Mayor Jacobs stated this is the time and place hereto fixed for a Public hearing on the following proposed Amendments to the General Plan, Zone Text and Zoning Map: Planning Commission Appeals, Smoky Hollow Specific Plan (SHSP) Parking, Subdivision Extensions, SHSP Height Bonus, Golf Course, Initiation of ZTA /GPA, Service Stations /Automobile Services, Sepulveda Boulevard Building Heights, Video Arcades, Drive - thrus, Architectural Landscape Features, Residential Heights, MU North and South, Edison Right -of -Way, TDRs- Transfer of Development Rights, and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, Zone Change 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Development Rights (TDRs). She asked if proper notice had been done and had any written communications been received. Clerk Mortesen stated proper noticing had been done and two (2) written communications have been received by the Clerk's office. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to continue the Public Hearing to May 20, 1997 regular Council meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. C. UNFINISHED BUSINESS - 1. Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California, amending Section 2.28.030, Title 2 of the El Segundo Municipal Code to reflect the deletion of certain exclusions from the personnel merit system. 3 City Council 05 -06 -97 MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Ordinance No. 1271, amending Section 2.28.030, Title 2 of the El Segundo Municipal Code to reflect the deletion of certain exclusions from the personnel merit system. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Select date for initial Budget Workshop for the 1997/98 Operating Budget. The Public Hearing is scheduled to be held June 3, 1997. Council consensus to schedule May 19, 1997 at 7:00 P.M. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - El Segundo Senior Citizen Housing Corporation Financial Statements and Supplementary Information. Council received and filed the report. E. CONSENT AGENDA All items listed are to be adopted oy 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 238202 - 238535 on Demand Register Summary Number 39 in total amount of $629,218.95, and Wire Transfers in the amount of $850,776.65. 2. City Council meetirg minutes of March 25, April 1, April 15, and April 28, 1997. 3. Request that the City Council approve the selection of LDM Associates, a professional consulting firm, to administer and implement the City's Community Development Block Grant Minor Home Repair (MHR) and Residential Sound Insulation (RSI) projects, effective as of this date and through 30 June 2000, Contract No. 2499. 4. The City Clerk's Office, Finance, Library, Planning and Building Safety, and Human Resources Departments periodically conduct an extensive clean up, reorganization and inventory of their records storage area located in the basement of City Hall. Numerous older records have been set aside for destruction in accordance with the provisions of Section 34090 of the Government Code of the State of California. The City Attorney has consented to the plan for records destruction, Resolution No. 4009 5. Request to enter into a three -year agreement for calendar years 1997, 1998, and 1999 with Hayer Consultants, Inc. to perform the Annual High -Rise Building inspections. No fiscal impact to the City cis contractor is paid directly by building owners Contract No. 2500. 6. ITEM PULLED FO:? DISCUSSION BY COUNCILMAN WESTON. 7. Award of Contract Number 2501 to Southland Construction, for the exterior painting of the Urho Saari Swim Stadium at 219 West Mariposa Avenue (contract amount $40,000). 8. Amendment of City's deferred compensation plans: United States Conference of Mayors Deferred Compensation Plan administered by PEBSCO and Deferred Compensation Plan administered by ICMA Retirement Corporation, is required due to enacted amendments to the Internal Revenue Code, and adopt Resolutions Numbers 4010, and 4011. 4 City Council 05 -06 -97 9. Recommendation for vehicle replacement and purchase. (Purchase price $16,232.00 with tax). 10. Amended Liability Self- Insurance Service Agreement Number 1960 (C) between the City of El Segundo and Colen & Lee, Inc., administrator of the City's general and automobile liability self- insurance programs. (Fiscal Impact: $1,200 additional per year.) 11. Authorize the lease of 953 acre feet of adjudicated water rights to the Dominguez Water Corporation, Contract Number 2502. (Fiscal Impact: $95,300 of revenue to the Water Fund.) 12. Award of Contract Number 2503 to C. J. Construction, Inc. for the reconstruction of alley east of Main Street, between Holly Avenue and Mariposa Avenue, public works contract PW 97 -9 (contract amount $57,406.50). 13. ITEM PULLED FOR DISCUSSION BY COUNCILMAN GORDON MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to approve consent items numbers 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALLED ITEMS FROM CONSENT AGENDA 6. Adopt plans and specifications for installation of playground equipment at Sycamore Park (estimated cost: $25,000.00) Councilman Weston requested this item be returned to the Recreation and Parks Commission for further investigation on alternatives to plastic equipment with more originality. 13. A. First Amended Agreement Number 2386 (A) between the County of Los Angeles and the City of El Segundo for construction of the Arena Drain and Storm Drain Pump Station No. 19 project. B. Resolution Number 4012 approving the Arena Drain and Pump Station Project administered by the Los Angeles County Department of Public Works and conveying the property at 199 East El Segundo Boulevard to the County as the site of the new County pump station. Mayor Jacobs not participating on this item. MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to approve the amendment to Contract Number 2386, and to adapt Resolution Number 4012. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT PARTICIPATING: MAYOR JACOBS. 4/0/1 F. NEW BUSINESS - CITY MANAGER - NONE G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE Councilman Weston - Spoke regarding TRW and Business attraction and retention. announce July 27, 1997 for the Nash Car Days 5 City Council 05 -06 -97 Councilwoman Friedkin - Spoke regarding the Medal of Valor luncheon, Business Expo, and the Trees on Sepulveda Mayor Pro Tern Wemick - Spoke regarding the Medal of Valor luncheon, Business attraction and the Program presented by the Mormon Church celebrating the family. Also stated that to agendize for a future date direction from Council to the Economic Development department on types of business to focus on for attraction. Mayor Jacobs - Congratulations to Councilwoman Jane Friedkin who was elected to SCAGC Council 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. No individuals addressed the City Council. MEMORIALS Wes Sherrill son of Joan and Bob Sherrill long time residents of El Segundo. City Manager Morrison announced that the Council would be holding their closed session for May 20, 1997 at 4:00 p.m. CLOSED SESSION at 11:30 P.M. ALL MEMBERS PRESENT 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 6, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION NONE ADJOURNED at 12:30 a.m. to May 19, 1997 at 7:00 p.m. Ci y Mortese, ty Cle 6 City Council 05 -06 -97