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1973 AUG 21 CC MINX 3506 El Segundo, California August 21, 1973 A regular meeting of the City Council of the City of El Segundo, California was held in the Council Chamber of the City Hall of said City on the above date. Prior to calling the meeting to order, those present joined in pledging allegiance to the Flag of the United States of America, followed by invocation by Rev. Eyrich E. Hansen of St. John's Lutheran Church. The Meeting was then called to order by E. L. Balmer, Mayor, the hour being 7:00 o'clock p.m. ROLL CALL Councilmen Present: McGill, Morgan, Nagel, Stephens and Mayor Balmer; Councilmen Absent: None. READING OF MINUTES OF PREVIOUS MEETINGS The minutes of the regular City Council meeting held August 7, 1973 and of the adjourned regular meeting held August 14, 1973, having been read and no error or omission having been noted, it was moved by Councilman McGill, seconded by Councilman Nagel that the minutes of said meetings be approved as recorded. Motion carried. SPECIAL ORDER OF BUSINESS 1. City Manager Jones introduced two Rotary Club exchange visitors from Japan, Misses Kaoru Oguro and Eriko Sekiguchi. The Mayor welcomed each to the City of E1 Segundo and presented them with letters to the Mayors of their respective cities and keys to the City of E1 Segundo. 2. Mayor Balmer announced that this was the time and place hereto- fore fixed for the continued hearing on Precise Plan No. 1 -73 from Mr. Vearl Sneed to construct a 42 -unit apartment building at 732 West Imperial Avenue. Planning Director Loverde advised that the South Coast Regional Com- mission had approved the precise plan and that the Environmental Impact Report covering zone change and the Precise Plan required acceptance by the Council. The Mayor inquired if anyone present wished to speak in this matter. There being no response, motion was made by Councilman McGill, seconded by Councilman Nagel and unanimously carried that the hearing be closed. Thereafter, motion was made by Councilman McGill, seconded by Councilman Morgan that the Environmental Impact Report covering a zone change from R -1 to R -3 and this Precise Plan No. 1 -73 be adopted. Motion carried. The City Attorney read the title of the ordinance adopting Precise Plan No. 1 -73, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDI- TIONS PRECISE PLAN NO. 1-73., which was read. Upon motion duly made and unanimously carried, further reading was waived. Thereafter, said ordinance was introduced by Councilman Stephens. 3. The Mayor announced that this was the time and place heretofore fixed for the hearing on amending or revoking Precise Plan No. 3 on property located at 770 West Imperial Avenue, and inquired of the Clerk if proper notice of the hearing had been given. The Clerk replied that affidavit of publication and mailing notices were in the City Clerk files, as well as the files of the Planning Commission and the City Council to date. The Mayor stated that these files would be made a part of this hearing. r!a X 3507 The Mayor then inquired if any written communications had been re- ceived, to which the Clerk replied that none had been received. Planning Director Loverde reported that Precise Plan No. 3, which was adopted in 1965 included conditions that access to parking shall be via Imperial Avenue only and that a solid fence be erected along the property line on Acacia Avenue. These conditions have never been met. This situa- tion could be alleviated either by deleting these requirements from the Pre- cise Plan or revocation of the Plan. Planning Staff and the Planning Commis- sion in its Resolution 779 recommended deletion of these conditions. The Mayor inquired if anyone present wished to speak in favor of the recommended change to the Precise Plan. There being no reply, the Mayor inquired if anyone present wished to speak against this change to the Precise Plan. There being no reply, the Mayor declared the public hearing closed. Thereafter, motion was made by Councilman McGill, seconded by Councilman Morgan that the Environmental Impact Report covering the above, be adopted. Motion carried. The City Attorney read the title of the ordinance adopting an amendment to Precise Plan No. 3, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING AN AMENDMENT TO PRECISE PLAN NO. 3. , which was read. Upon motion duly made and unanimously carried, further reading was waived. Thereafter, said ordinance was introduced by Councilman Morgan. 4. The Mayor announced that this was the time and place heretofore fixed for the hearing on Precise Plan No. 5 -73 from Sepulveda Properties, Inc. to construct a 2 -story office building on Grand Avenue between Nash Street and Duley Road, and inquired of the Clerk if proper notice of the hearing had been given. The Clerk replied that affidavits of publication and mailing of notices were in the City Clerk's file as well as the files of the Planning Commission and the City Council to date. The Mayor stated these files would be made a part of this hearing. The Mayor then inquired if any written communications had been re- ceived, to which the Clerk replied that none had been received. Planning Director Loverde advised that an Environmental Impact Report had been prepared on this Precise Plan and recommended adoption by the Council. Further reported that the form of the ordinance approving this Precise Plan was slightly different from Planning Commission Resolution No. 780, which provided that the property easterly of Grand Avenue to Duley Road be dedicated for a term of not more than 10 years. The City Attorney had advised that a dedication can only be vacated through appropriate proceedings and therefore this ordinance modifies the wording and provides for an offer of dedication. Stated that the Planning Staff was in agreement with this change and recom- mended adoption of the ordinance. City Manager Jones stated he would like to protest two conditions as not being in the City's best interest; that the dedication should not be predicated on the extension of Grand Avenue and the 10 year limitation should not be placed on the dedication. Advised that it had been the policy in the past to require the developer to put in improvements and urged the Council to follow the same pol- icy in this case. The Mayor inquired if anyone present wished to speak in favor of this Precise Plan. Mr. Ben Cole, President of Sepulveda Properties, stated he was not real sure of the requirements since they were different than what happened at the Planning Commission meeting. Stated he would be willing to remove the 10 -year restriction, but was not willing to be held for improvements. Wz Aug. 21, 1973 X 3508 The Mayor inquired if anyone present wished to speak against this Precise Plan. There being no response, motion was made by Councilman Nagel, seconded by Councilman McGill and unanimously carried that the hearing be closed. Motion was made by Councilman Morgan, seconded by Councilman Stephens and unanimously carried that the Environmental Impact Report covering the proposed office building on Grand Avenue east of Nash Street be adopted. After discussion, motion was made by Councilman Nagel, seconded by Councilman Stephens and unanimously carried that the following changes be made in the ordinance and that the ordinance, after introduction, be refer- red back to the Planning Commission for its comments and recommendations concerning the changes the Council proposes to make: On page 2, delete, "execute an irrevocable offer to" and substitute therefor, "before any build- ing permit is issued, " and delete the last four Lines of page 2 except, "for road purposes. " Delete the first 6 lines of Page 3. The City Attorney read the changes as requested by the Council and the title of the Ordinance adopting Precise Plan No. 5 -73, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDI- TIONS PRECISE PLAN NO. 5 -73., which was read. Upon motion duly made and unanimously carried, further reading was waived. Thereafter, said ordinance was introduced by Councilman McGill. WRITTEN COMMUNICATIONS The following written communications received from persons, firms or corporations hereinafter named, were read to the Council and were disposed of in the manner indicated: 1. State Department of Alcoholic Beverage Control, application for change in partnership of On -Sale Beer and Wine License for bona fide eating place - Canton Low, 439 Main Street. Ordered filed. 2. State Department of Alcoholic Beverage Control, application for Premises -to- Premises transfer of Beer and Wine Wholesaler and Importer License - Trade Commerce and Industry Corporation, 505 South Douglas Street. Ordered filed. 3. Southern California Rapid Transit District, forwarding Rapid Tran- sit for Los Angeles, Summary Reports of onsu tants' Recommendations, re- questing comments from this City. City Manager Jones stated that two projects directly affect El Segundo and that Staff would prepare a written response for Council's consideration. ORAL COMMUNICATIONS 1. Mr. Kenneth Lemke, United Air Lines, stated that as the result of a recent move of the Flight-Kitchen to 444 Nash Street, it had been neces- sary for trucks to travel Nash Street to the airport with loads which might be in violation of the California Vehicle Code. Noted that the City can issue a special permit for this, but that the fees are $5. 00 per trip and since approx- imately six round trips are made each day, requested Council consider granting relief from this type of financial burden. Council asked Staff to investigate and report back its findings to the Council. REPORT OF COMMITTEES Councilman Morgan stated that he attended a meeting in Los Angeles City Hall at which Mayor Tom Bradley and Senator Cranston spoke urging support of the Rapid Transit District Plans and that transportation problems were not confined to the City of Los Angeles, but rather were concern for all of Southern California. -3- Aug. 21, 1973 X 3599 REPORTS OF OFFICERS CITY MANAGER JONES MADE REPORTS AS FOLLOWS: 1. Advised that SB -147 directs the Department of Justice to develop an automated stolen bicycle system and that it will be financed by imposing an annual fee of 20 cents per licensed bicycle. Stated it is anticipated that this assessment will expire after July 1, 1975 and in order to take care of the in- crease, recommended that bicycle license fees be increased to $1. 00 per bicycle for a 2-year period. Motion was madeby Councilman Nagel, seconded by Councilman McGill that the recommendation of the City Manager be approved and that the City Attorney be instructed to prepare an ordinance to this effect. Motion carried. 2. Reported that bids had been received for the City's annual require- ments of traffic paint, as follows: Name Pervo Paint Company J. E. Bauer & Company Amount of Bid $ 4, 348. 08 Plus sales tax $ 4, 359. 00 Plus sales tax Stated that in the past, the Street Division had experienced difficulties with the Pervo Co. paint, causing the spray guns to clog and in view of the fact that the total differential is minor and actual quantities may vary which might change the low bidder status, recommended that the bid of J. E. Bauer and Company be accepted. After discussion, motion was made by Councilman Nagel, seconded by Councilman McGill that the bid of J. E. Bauer & Company be approved as the lowest acceptable bid and that purchase orders be authorized as required. Motion carried by the following vote: Ayes: Councilmen McGill, Morgan, Nagel and Mayor Balmer; Noes: Councilman Stephens; Absent: Councilmen None. 3. Requested authorization to conduct a closed - promotional examina- tion for Police Officer. Motion was made by Councilman Morgan, seconded by Councilman Nagel and unanimously carried that the above request be granted. 4. Presented for the Council's consideration a resolution fixing the amount of money necessary to carry on the business of the various departments of the City, pay its bonded indebtedness, meet the obligations under the California Public Employees' Retirement Law, maintain the free Public Library of the City and acquire, maintain and improve the public parks and recreational facilities for the current fiscal year, which amounts had been prepared by the Director of Finance as follows: For carrying on the various departments of said City, the sum of . . . . . . . . . . . .$ 1, 388, 102. 00 For paying the bonded indebtedness of said City, the sum of . . . . . . . . . . . . $ 72, 908. 00 For meeting and paying the obligations of said City to the Public Employees' Retirement System under the provisions of the California Public Employees' Retirement Law, the sum of . . . . . . . . . $ 349, 596.00 For the maintenance -of the free Public Library of said City, as authorized under the provisions of Section 27401 of the Education Code of the State of California, the sum of . . . . . . . . . . . . . . . . . . $ 160,315.00 For the acquisition, maintenance and improve- ment of the public parks and recreational facil- ities of said City, the sum of . . . . . . . . . $ 437, 495.00 -4- Aug. 21, 1973 X 3510 Motion was made by Councilman Nagel, seconded by Councilman Morgan, that Resolution No. 2496, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROP- ERTY THEREIN AS A REVENUE TO CARRY ON THE VARIOUS DEPARTMENTS OF SAID CITY; PAY ITS BONDED INDEBTEDNESS; MEET ITS OBLIGATIONS UNDER THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT LAW; MAINTAIN THE FREE PUBLIC LIBRARY OF SAID CITY; AND ACQUIRE, MAINTAIN AND IMPROVE THE PUBLIC PARKS AND RECREA- TIONAL FACILITIES OF SAID CITY FOR THE CUR- RENT FISCAL YEAR 1973-1974., which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None, Absent: Councilmen None. Presented for the Council's consideration a resolution fixing the rate of taxes to be levied in and for the City sufficient to raise the amount of money fixed by the Council in its Resolution No. 2496; and the expense of collection of this amount, the rates herein fixed being the rates of taxes for the fiscal year 1973 -74. These amounts as prepared by the Director of Finance are as follows: For carrying on the various departments . . . . . $ 0.475 For paying the bonded indebtedness . . . . . . .. $ 0.025 For meeting and paying the obligation of the City in the Public Employees' Retire- ment System under the provisions of the California Public Employees' Retirement Law $ 0. 12 For maintaining the free Public Library . . . . . $ 0.055 For acquisition, maintenance and improve- ment of public parks and recreational facilities. $ 0. 15 Total rate hereby levied for all taxable property throughout the City . . . . . . . . . . . . . . . $ 0.825 Motion was made by Councilman Nagel, seconded by Councilman Morgan, that Resolution No. 2497, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE RATES OF TAXES LEVIED IN AND FOR SAID CITY SUFFICIENT TO RAISE THE AMOUNT OF MONEY FIXED BY THE SAID CITY COUNCIL IN RESOLUTION NO. 2496 THEREOF, PASSED AND ADOPTED ON THE 21ST DAY OF AUGUST, 1973 AND THE EXPENSE OF COLLECTION OF SAID AMOUNT, THE SAID RATES HEREIN FIXED BEING THE RATES OF TAXES IN AND FOR SAID CITY FOR THE FISCAL YEAR 1973-1974., which was read, be adopted. -5- Aug. 21, 1973 U X 3511 On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen None. 5. Advised that the agreement between the City and the El Segundo Chamber of Commerce for community promotional services for fiscal year 1973 -74 contained an incorrect figure and presented an agreement correcting the original contract for Council's approval. Motion was made by Councilman Nagel, seconded by Councilman Morgan that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the City of El Segundo and the El Segundo Chamber of Commerce, presented to this Council on this date, amending the Community Services Agree- ment dated July 17, 1973, be and the same is hereby approved, and that a copy of said Agreement be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the M ayor of the City of E1 Segundo be and he is hereby authorized to execute said Agreement for and on behalf of the City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen None. 6. Stated that due to lack of quorum, the meeting scheduled for August 14, 1973 to review the space and facility needs of City Hall Depart- ments and the Police Facility had not been held. Requested that another time be set for presentation of the SUA, Inc., report and subsequent review of the matter by the Council. By mutual consent, this matter was set to be considered by the Council on the 22nd day of August, 1973, at 6 :00 o'clock p.m. 7. Advised that Senate Bill 954 reduces the obligation of the railroads on grade separations from a maximum of 12 -1/2% to no more than 5 %, which would increase the local government's share for railroad grade separations. Motion was made by Councilman Nagel, seconded by Councilman Stephens and unanimously carried that SB -954 be opposed. 8. Stated that Senate Bill 1210 relates to prohibiting local governments from taking over private refuse collection services. The effect of this legis- lation is that it might cause cities to be sued for damages over such things as the limitation this City has placed upon the time during which collections can be made. Motion was made by Councilman Nagel, seconded by Councilman Morgan and unanimously carried that SB -1210 be opposed. 9. Requested that the Council meet in Executive Session at the close of this meeting to discuss a personnel matter. CITY ATTORNEY ALLEN MADE REPORTS AS FOLLOWS: 1. Presented a written staff report on a draft ordinance limiting the time during which temporary buildings and trailers can be used,. which matter had been deferred from the meeting of August 7, 1973. Qm Aug. 21, 1973 X 3512 After discussion, motion was made by Councilman Stephens, seconded by Councilman Nagel that Staff's recommendations and the ordinance be accep- ted. On roll call, said motion carried by the following vote: Ayes: Councilmen Morgan, Nagel and Stephens; Noes: Councilman McGill and Mayor Balmer; Absent: Councilmen None. The City Attorney read the title of the ordinance relating to limitations on temporary buildings, trailers and structures, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTION 16.04. 165 TO CHAPTER 16.04 (THE BUILDING CODE) OF THE "EL SEGUNDO MUNICIPAL CODE" RELATING TO TEMPORARY BUILDINGS, TRAILERS, AND STRUC- TURES., which was read. Upon motion made by Councilman Stephens, seconded by Councilman Morgan, further reading was waived. Motion carried. Thereafter, said ordinance was introduced by Councilman Stephens. 2. Stated that the City Clerk had been served with Summons in Small Claims Court in the matter of Southern California Gas Company vs. City of El Segundo. This matter had been referred to the Insurance carr-ier, which indicated that the City should provide the defense through its duly authorized Small Claims Agent. Motion was made by Councilman McGill, seconded by Councilman Nagel that the action of the City Clerk in referring same to the insurance company be approved, ratified and confirmed and that the City's Small Claims Agent be authorized to appear on behalf of the City on September 6, 1973 in Small Claims Court, Inglewood Judicial District. Motion carried. 3. Advised that there were two matters of litigation which he wished to discuss with the Council in Executive Session. DIRECTOR OF PUBLIC WORKS GLICKMAN MADE REPORTS AS FOLLOWS: 1. Advised that the County proposed to make use of Federal funds for its share of the construction costs of the railroad grade separation on E1 Segundo Boulevard and Aviation Boulevard. In order to do this, the County requires this City's approval of the Federal -Aid Urban System. It appears that approval of the System will not affect any present or proposed City projects and therefore recommended approval of a resolution to this effect: Motion was made by Councilman McGill, seconded by Councilman Nagel that Resolution No. 2498, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THAT PORTION OF THE LOS ANGELES COUNTY FEDERAL -AID URBAN STREET SYSTEM WITHIN THE CITY OF EL SEGUNDO, CALIFORNIA., which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen None. -7- Aug. 21, 1973 X 3513 2. Advised that Mobil Oil Corporation had requested permission to relocate an 8" jet fuel line in order to eliminate interference with the Grade Separation Project on El Segundo and Aviation Boulevards. Recom- mended that the Staff be authorized to issue the necessary permits for this purpose. Motion was made by Councilman Nagel, seconded by Councilman Stephens and unanimously carried that a permit be issued to Mobil Oil Corporation to remove the present jet fuel line and relocate the line as indicated in Exhibit "B" of that Company's request. 3. Advised that the Staff had visited the recently constructed driveway in the 300 block on Standard Street and that the driveway approach was within the City's present standards. Recommended that the construction standards for driveways be revised to limit the approach slope to a maximum of 10 %. Further advised that the cost to the City to rebuild the driveway slope to within this standard had been estimated as between $200 and $300. Motion was made by Councilman Nagel, seconded by Councilman Morgan that the driveway construction standards be revised to include a maximum approach slope of 10% and that the City be instructed to remove and rebuild that portion of the driveway approach slope as necessary to conform to this new standard. Motion carried by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen None. 4. Presented a report on Municipal Water System Phase I, prepared by Alderman, Swift and Lewis and requested the scheduling of a study session at which the consultants will present their findings. The Council indicated that either September 5th or September 11th were available for review of this report. Public Works Director stated he would contact the consultants and set a definite date and time at the next regular City Council meeting to be held September 4, 1973. UNFINISHED BUSINESS 1. Councilman Nagel asked about the development of the railroad right -of -way. City Manager Jones advised that he had been informed that the railroad has made application to the Interstate Commerce Commission for abandonment of the tracks and that some notification should be received confirming that fact in the very near future. RATIFICATION AND APPROVAL OF WARRANTS Motion was made by Councilman Nagel, seconded by Councilman Morgan that Warrant Number 40154 to 40373 inclusive, totaling $225, 823. 84, drawn in payment of demands, a list of which had been presented to the Council as Demand Register Summary No. 3 and certified by the Finance Director as conforming to the Budget approved by Ordinance No. 812, be ratified and approved. Motion carried by the following vote: Ayes: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen None. NEW BUSINESS Councilman Morgan. inquired if some sort of inspection procedure for swimming pools was being carried out. City Manager Jones advised that this type inspection was being done routinely by Building Department personnel. At the hour of 9:45 o'clock p.m. , the Council recessed to an Execu- tive Session in the Mayor's office. At the hour of 10:00 o'clock p. m. , the Council reconvened, all members being present and answering roll call. -8- Aug. 21, 1973 X 3514 Motion was made by Councilman Nagel, seconded by Councilman Morgan that the betterment agreement between the Los Angeles County Flood Control District and the City of El Segundo for the storm drain project No. 3402 be referred to the City Attorney with instructions to bring an appropriate action before the court to determine whether said agreement is valid and binding on the City. Motion carried. No other business appearing to come before the Council at this session, it was moved by Councilman Morgan, seconded by Councilman McGill that the meeting adjourn in memory of Mrs. Matilda Balmer, mother of the Mayor, who passed away on August 12, 1973; and further that the meeting adjourn until Wednesday, August 22, 1973, at the hour of 6:00 o'clock p. m. , in the Council Chamber of the City Hall of the City of E1 Segundo, California; the hour of adjournment of this meeting being 10:10 o'clock p.m. Motion carried. Respectfully submitted, JANE D. HOUGH City Clerk By APPROVED: epu 8 ab•%d. Mayor -9- Aug. 21, 1973