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2005 FEB 01 CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 1, 2005 — 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 2(b) items are a threat of litigation regarding a second unit on 916 Sheldon Street and Christina Wall claim, Claim No 04 -14 PUBLIC COMMUNICATION — (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. CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 5 matters City of El Segundo v City of Los Angeles, et al LASC No BS094279 Michael Ward v City of El Segundo, et al , LASC No BC325247 El Segundo v Stardust West Apartments, LASC No. YC031364 Flynn v City of El Segundo, LASC No YC046253 Irene Chen v City of El Segundo, LASC No YC049424 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 1 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6.59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 1, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Rev Elizabeth Morse of Saint Michael, the Archangel Episcopal Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Busch presented a Commendation to El Segundo Firefighter Andrew Powell for his quick response to danger and application of life saving techniques which saved the life of a fellow crew member from the Dana Point Outrigger Canoe Club (b) Council Member Jacobson presented a Certificate of Appreciation to Don Brann in recognition of Outstanding Community Support for securing $5,000 in funding for the City of El Segundo Recreation and Parks Department's Camp Eucalyptus facility from the Chamber of Commerce Leadership Class of 1998 ROLL CALL Mayor McDowell Mayor Pro Tem Gaines Council Member Boulgandes Council Member Busch Council Member Jacobson - Present - Present arrived at 7 59 P M - Present - Present - 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 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Liz Garnholz, resident, asked for clarification on item one Terri Atkins and Sheri Metcalf, residents, spoke regarding water billing The residents were asked, as Council policy, to hold their comments until the second public communications at the end of the meeting MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to Government Code § 65852 2 affecting Second Dwelling Units Mayor McDowell stated this is the time and place hereto fixed for a public regarding the introduction and first reading of an Ordinance adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to Government Code § 65852 2 affecting Second Dwelling Units. City Clerk Mortesen stated that proper notice was completed and no communication had been received in the City Clerk's Office Seimone Jurps, Planning and Building Safety Director, gave a report City Attorney Mark Hensley read the following Ordinance changes Into the record with regard to Section 2 Definition and Section 15 -4E -6 Parking for R -1 Zones "'Second dwelling unit' means Independent living facilities of limited size (based upon lot coverage which Includes the size of the second dwelling unit as well as the primary dwelling unit on the parcel) that provides permanent provisions for living, sleeping, eating, cooking and sanitation located on the same parcel as a single- family dwelling and either attached or detached from the single - family dwelling but share no common Interior passageways " Parking for R -1 Zones Pursuant to Government Code § 65852 2, the City fords that the requirement that a second dwelling unit on Single- Family Residential (R -1) property maintain two parking spaces Is consistent with existing neighborhood standards applicable to existing dwellings Because the square footage of second dwelling units are not limited except by lot coverage restrictions (allowing large multi- bedroom units which tend to create the need for more than one parking space), the required parking is directly related to the use of a second dwelling unit Requiring two parking spaces per dwelling unit is consistent with existing neighborhood standards since two parking spaces are required in all residential zones throughout the City Off - street parking is allowed in rear and side yard setback areas in the rear third of a lot and tandem parking Is also permitted MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 4 Offstreet Parking Off - street parking spaces must be provided for a second dwelling unit In addition to that required for the main residence The number and type of parking spaces must comply with § §15 -15 -3 and 15 -15 -5 as they relate to two -family dwellings. The required parking space may not block any required existing enclosed space for the existing underlying zone, nor conflict with access to a required parking space Jack Kenton, resident, requested clarification regarding the Interpretation of "owner occupied" and how that would be enforced Jane Friedkin, resident, spoke about R -1 zoning and the City of EI Segundo's responsibilities John Hergonl, resident, spoke about R -1 zoning, and the enforcement of the Municipal Code He further stated that he was in favor of the new ordinance Rick Hannah, resident, spoke in favor of the new ordinance and his concern regarding second units being built in R -1 zones Wanda Fransen, resident, presented a petition that she has circulated requesting the City enforce the Code and disallow the two units being built on Sheldon Street Julie Potter, resident, spoke of her concerns with second units being built in R -1 zones. Peggy Tyrell, resident, spoke of her concerns with second units being built in R -1 zones Eric Fransen, resident, spoke of his concerns with second units being built in R -1 zones Artie McKewen, resident, spoke of his concerns with the proposed ordinance and requested how it is to be enforced and the "owner occupied" definition, Eric Bimber, resident, spoke of his concerns with the second units being built in R -1 zones, and the mistakes made by the City Liz Garnholz, resident, spoke of her concerns with second units being built in R -1 zones, and the mistakes made by the City She also spoke about the zoning code and the changes proposed Council Member Gaines arrived at 7 59 P M John Rotondo, resident, spoke of his concerns with second units being built in R -1 zones, and stated he supports the proposed ordinance Bob Metcalf, resident, spoke of his support of the staff and their honesty He further stated that he has always had fair treatment and respect from City Staff He also requested what the zoning was for the School behind the property on Sheldon Harry Winston, resident, spoke in support the city staff, and his respect for the building inspectors MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 5 Claudia, resident, supports the Fransen's and entered a letter Into the record She requesting that Council to resolve this situation Bonnie Spellman, resident, spoke regarding the property at 916 Sheldon Street MOVED by Council Member Jacobson, SECONDED by Council Member Busch to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor McDowell stated that the ordinance being adopted tonight would not have affected the situation with the second units built on R -1 zones He further stated that the Council, staff and City Attorney were working extremely hard towards a solution to resolve the situation City Attorney, Mark Hensley, stated that the owner occupied requirements would be a recorded convenance on the property per state law, and any person purchasing the property would be aware of the convenance Further he stated that the property would have to meet the strict guidelines To qualify as owner /occupied, the person living in one of the residence must be on the deed Council Member Boulgarides stated that he feels owner /occupied units were in the best interest of the City Council Member Jacobson stated that where these units are allowed to be built, they abut an R -3 zone. He feels that enforcing the owner /occupied restriction may be difficult He further stated that he does not feel there would be a problem with rentals in the areas where they are allowed Mayor ProTem Gaines stated he was in favor of the owner /occupied restriction Council Member Busch stated that he did not feel the City should dictate to an owner who can reside on their property MOVED by Council Member Boulgarides SECONDED by Mayor ProTem Gaines to include the owner /occupied restriction, Section 15 -4E -4 in the Ordinance Substitute MOTION by Council Member Busch, SECONDED by Council Member Jacobson to remove the owner /occupied restriction Section 15 -4E -4 Occupancy, from the Ordinance MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES, MCDOWELL, BUSCH, JACOBSON NOES BOULGARIDES AND GAINES 3/2 Original motion died due to the passage of the Substitute motion Mark Hensley, City Attorney, read by title only ORDINANCE NO 1381 AN ORDINANCE ADDING A NEW ARTICLE E TO CHAPTER 15-4 OF THE EL SEGUNDO MUNICIPAL CODE PURSUANT TO GOVERNMENT CODE § 65852 2 AFFECTING SECOND DWELLING UNITS MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 6 Council Member Busch Introduced the ordinance with the amendments as noted by the City Attorney 2. Consideration and possible action (Continued Public Hearing) regarding an appeal of the Planning Commission's decision to approve Environmental Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995) and Variance No 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E Grand Avenue MOVED by Council Member Jacobson, SECONDED by Council Member Busch to continue the Public Hearing to March 1, 2005 at the request of the applicant MOTION PASSED BY UNANIMOUS VOICE VOTE C UNFINISHED BUSINESS 3 Consideration and possible action regarding adoption of plans and specifications for the Douglas Street Gap Closure Project, authorize staff to advertise the project for receipt of construction bids, and approve an additional authorization of $138,000 to Los Angeles County Department of Public Works for providing right -of -way acquisition services (Estimated Cost $16,291,470) City Manager, Mary Strenn, gave a brief report MOVED by Council Member Busch, SECONDED by Mayor ProTem Gaines, to adopt plans and specifications for the Douglas Street Gap Closure Project, authorize staff to advertise the project for receipt of construction bids, and approve an additional authorization of $138,000 to Los Angeles County Department of Public Works for providing right -of -way acquisition services MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 4. Approved Warrant Numbers 2545397 to 2545647 on Register No 8 In the total amount of $843,057 69 and Wire Transfers from 1/7/2004 through 1/20/2005 In the total amount of $1,039,318 38 Authorized staff to release Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement, emergency disbursements and/or adjustments, and wire transfers Approved City Council Meeting Minutes of January 18, 2005 and Special Meeting Minutes of February 25, 2005 6 PULLED BY CITY ATTORNEY MARK HENSLEY MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 7 7 Adopted Ordinance No 1380 to continue a public parking permit fee for the parking garage located at 121 Grand Avenue in Article E, Chapter 8 -5 of the El Segundo Municipal Code MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to approve Consent Agenda items 4, 5, and 7 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 COUNCIL MEMBER JACOBSON NOT PARTICIPATING IN ITEM 7 DUE TO HIS INTERESTS IN REAL PROPERTY CALL ITEMS FROM CONSENT AGENDA Mark Hensley, City Attorney, announced that Council Members Boulgandes, Busch and Jacobson have a potential conflict regarding Consent Agenda Item 6 concerning the location of their residences In order to have a voting majority, Council Member Busch was selected by random draw to participate in the vote. 6 Consideration and possible action regarding adoption of plans and specifications for replacement of water lines, located at 600 -1000 block of Mariposa Avenue, 600 -1000 block of Maple Avenue; 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive, Fiscal Year 2003 -2004 - Approved Capital Improvement Project — Project No. PW 04 -06 (Estimated Cost $595,000) MOVED by Mayor ProTem Gaines SECONDED by Council Member Busch to adopt plans and specifications for replacement of water lines, located at 600 -1000 block of Mariposa Avenue, 600- 1000 block of Maple Avenue; 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive, Fiscal Year 2003 -2004 - Approved Capital Improvement Project — Project No PW 04 -06 (Estimated Cost $595,000) Authorized staff to advertise the project for receipt of construction bids MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MCDOWELL, GAINES, BUSCH NOES NONE NOT - PARTICIPATING JACOBSON AND BOULGARIDES 3/0/2 F. NEW BUSINESS 8 Consideration and possible action regarding the Fiscal Year 2004 -2005 First Quarter Financial Review, preliminary Fiscal Year 2003 -2004 General Fund savings and direction on funding additional items from the Economic Uncertainty Fund Bret Plumlee, Director of Administrative Services, gave a report MOVED by Council Member Busch, SECONDED by Mayor ProTem Gaines, to receive and file FY 2004 -2005 First Quarter Financial staff report, direct staff to continue funding the CSI position, provide part-time staff for the Club House, and not implement the Fire Department Run Short Option for the reminder of the FY 2004 -2005 The Slurry Seal project east of Sepulveda; City Council legislative trip to Washington D C., GIS consulting services, electronic posting of agenda backup material on the website, and establish a residential e-mail database to be reviewed at mid- year. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MCDOWELL, GAINES, BUSCH, BOULGARIDES NOES JACOBSON 4/1 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 8 G REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes —Announced the phone survey being conducted on aquatics He requested staff to agendize for Council consideration the possible review of design guidelines and standards. Council Member Busch — announced the many ROAD programs Requested Recreation and Parks report on the first of a series of concerts presented at the Teen Center at the next meeting He also announced the progress of tree planting in the median strip on Imperial Highway Council Member Jacobson — None Mayor Pro Tern Gaines 9 Consideration and possible action regarding the current capabilities of the City of El Segundo's Emergency Public Notification Systems (Fiscal Impact None) Dave Burns, Emergency Services Coordinator, gave a report Mayor ProTem Gaines recommended that staff investigate the possibility of using the old siren as an emergency notification tool. Council Member Jacobson noted that the City of Torrance has used and tested a siren warning system and that we may learn from Torrance's experience Mayor McDowell also requested that a cost estimate of a notification exercise be addressed Mayor McDowell — Announced the upcoming rabies clinic PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed Loretta Frye, resident, spoke regarding the income tax services being provided to senior citizens at the Joslyn Center Peggy Tyrell, resident, spoke regarding the trees being planted, and felt they were being planted too close together. Also inquired as to how they are to be watered MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 9 Richard Arabian, resident, spoke regarding the new water billing system and his displeasure of the process that has been adopted Jane Friedkin, resident, spoke regarding property rights, and other property owners infringing on their neighbors rights Julie Potter, resident, addressed the second unit issue, and suggested pre - framing be required prior to a budding permit being issued Liz Garnholz, resident, commented on "mansionization" and offered suggestions for control on building She also reported on airport issues Dean Shevel, resident, spoke on the deletion of the 439 bus route to downtown Los Angeles He also spoke on tsunamis and notification systems Jack Kenton, resident, spoke regarding the possible movement of the south runway at the airport, He also spoke on the Douglas Street gap closure project Mayor McDowell requested an update on the Water billing system be agendized MEMORIALS — adjourned in Memory of Walt Gurrera, Wiseburn School District Trustee CLOSED SESSION - None ADJOURNMENT at 10 10 p m J Cindy K46rteseh, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2005 PAGE NO 10