Loading...
1973 MAY 14 CC MINX 3435 El Segundo, California May 14, 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 Councilman Gordon T. Stephens. 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, Stephens and Mayor Balmer; Councilmen Absent: Morgan and Nagel. READING OF MINUTES OF PREVIOUS MEETING The minutes of the regular City Council meeting held April 23, 1973, having been read and no error or omission having been noted, it was moved by Councilman McGill, seconded by Councilman Stephens that the minutes of said meeting be approved as recorded. Motion carried. SPECIAL ORDER OF BUSINESS 1. The Mayor announced that the week of May 13 through 19, 1973 had been proclaimed National Police Week and urged citizens to take part in ceremonies commemorating our police officers. By mutual consent, the following proclamation was approved: WHEREAS, The Congress and President of the United States have designated May 14th as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the E! Segundo Police Department play an essential role safeguarding the rights and freedoms of the citizens of the City; and WHEREAS, it is important for all men to know and understand the problems, duties, and responsibilities of their police department, and that members of the police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression and intimidation; and WHEREAS, the E1 Segundo Police Department enjoys a prominent position of esteem and professionalism within the community, and has earned the respect and support of the citizens of the City; NOW, THEREFORE, we, the City Council of the City of El Segundo, do hereby call upon all citizens of E1 Segundo and upon all patriotic, civic and educational organizations to observe the week of May 13 - 19, 1973 as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their community and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. WE, FURTHER, call upon all citizens of E1 Segundo to observe Monday, May 14th, 1973, as Peace Officers Memorial Dav in honor of those police officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of their duties. -1- X 3436 IN WITNESS WHEREOF, we hereunto set our hands, and cause this proclamation to be official within the City of El Segundo, this 14th day of May, 1973. 2. The Mayor announced that the week of May 14 through 20, 1973 had been declared Salvation Army Week and asked that the City of El Segundo join in honoring this organization by issuing a proclamation to this effect. By mutual consent, the following proclamation was approved: WHEREAS, the misfortunes of others have always been the concern of the Salvation Army; and WHEREAS, the Salvation Army's love for God and concern for humanity is expressed by its spiritual ministry and a wide variety of social services which are extended to those in need without discrimination as to race or creed; and WHEREAS, the Salvation Army has assisted countless members of our community in their time of need; NOW, THEREFORE, I, E. L. Balmer, Mayor of the City of EL Segundo, do hereby proclaim the period of May 14 through May 20, 1973, Salvation Army Week in the City of El Segundo and do urge all citizens to join me in honoring this organization of dedicated men and women who enrich the life of our entire City by their compassionate service. 3. The Mayor announced that the week of May 20 through May 26, 1973 had been declared National Public Works Week. By mutual consent the following proclamation was approved: WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the planning and construction of public works programs and systems, such as water, sewer, streets, highways and other types of facilities; and WHEREAS, the health, sanitation, safety and general well- being of this community depends, to a great degree, on these services and facilities; and WHEREAS, the quality, efficiency, and effectiveness of these facilities, as well as the planning, design, and construction of future facilities is vitally dependent upon our public works engineers, administrators, and technicians; and WHEREAS, retaining and attracting qualified and dedicated personnel to staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work performed by such employees; NOW, THEREFORE, I, E. L. Balmer, Mayor of the City of EL Segundo, do hereby proclaim May 20 through May 26, 1973 as NATIONAL PUBLIC WORKS WEEK and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works facilities and services, and recognize the important role in our safety, health and well -being that is played by the public works officials in our community. 4. The Mayor announced that this was the time and place heretofore fixed for the hearing to consider all objections to the proposed removal of weeds, rubbish, refuse and dirt at various locations within the City in accor- dance with Resolution No. 2477, and inquired of the Clerk if proper notice of the hearing had been given. The Clerk replied that affidavits of posting notice of the hearing and service by mail were in her files. -2- May 14, 1973 X The Mayor inquired if any written communications had been received, to which the Clerk replied that none had been received. Fire Chief Gates reported that to date none of the parcels listed in Appendix 'A' to the Resolution had been cleaned satisfactorily. The Mayor inquired if anyone present wished to speak regarding this matter. There being no reply, the Mayor then declared the public hearing closed. Thereafter, motion was made by Councilman McGill, seconded by Councilman Stephens that the Council overrule all objections and authorize the Street Superintendent to abate the n uisance by having the weeds, rubbish, refuse and dirt removed from properties listed in Appendix 'A' of said Reso- lution No. 2477. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. WRITTEN COMMUNICATIONS 3437 1. SOUTHERN CALIFORNIA -1JVATER COMPANY, Notice of Application filed with the State Public Utilities Commission for a limited increase in water rates to offset increases in costs. Ordered filed. ORAL COMMUNICATIONS 1. Mr. Ben Floyd, 736 Sierra Street, requested that the street tree in front of his house be removed because the roots were stopping up the sewer. After discussion, Director of Recreation and Parks Ruis was directed to confer with Mr. Floyd to resolve this matter. REPORTS OF OFFICERS CITY MANAGER JONES MADE REPORTS AS FOLLOWS: 1. Reported that proposals had been solicited for the disposal of accumulated salvage scrap metal and that the high bid for this material was $516. 66 from Cal - State Metals Company. Recommended that the mater- ial be declared surplus property and that the offer of $516. 66 from Cal -State Metals Company be accepted. Motion was made by Councilman Stephens, seconded by Councilman McGill that the material be declared surplus property and that the bid of Cal - State Metals Company in the amoant of $516. 66 be accepted. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan a_zd Nagel. 2. Advised that the City has 4 sedans, 1 station wagon and 3 trucks which are now out of service and requested that these eight vehicles be de- clared surplus property and offered for sale at the City of Gardena auction to be held on Saturday, June 16, 1973. Motion was made by Councilman McGill, seconded by Councilman Stephens that the 8 vehicles be declared surplus property and offered for sale a± the Gardena Auction to be held June 16, 1973. Motion carried. 3. Reported that bids had been received for one Trailer Mounted Air Compressor, which bids were as follows: -3- May 14, 1973 X 3438 Name Amount of Bid Adams Sullivan, Inc. $ 3,467.43 Chicago Pneumatic Tool Co. 3,570.00 Benz Engineering Company 4,181.10 Benz Engineering Co. (Alternate) 3,923.85 Trade -in Allowance $ 400.00 -0- 300. 00 300.00 Recommended that the low bid of Adams Sullivan, Inc., be accepted. Motion was made by Councilman Stephens, seconded by Councilman McGill that the low bid of Adams Sullivan, Inc., in the amount of $3, 067. 43 including tax and trade in allowance, for one Trailer Mounted Air Compressor, be accepted and purchase order in that amount be issued to said company. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 4. Advised that bids had been solicited for approximately 300 tons of Cold Asphalt Plant Mix for use as patching material for City streets and that one bid had been received from Industrial Asphalt Company in the amount of $5. 85 per ton. Motion was made by Councilman McGill, seconded by Councilman Stephens that the bid of Industrial Asphalt Company in the amount of $5. 85 per ton be accepted and that purchase orders be issued as required. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 5. Advised that it is necessary to establish job classifications for the nine temporary employees recently hired under P. E. P. and recommended that an amendment to Salary Resolution 2458 be approved. Motion was made by Councilman Stephens, seconded by Councilman McGill, that Resolution No. 2480, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL S'EGUNDO, CALIFORNIA, AMEND- ING RESOLUTION NO. 2458 (THE SALARY RESO -- LU,rio ) BY AMENDING SECTIONS 3 AND 16.15 RELATING TO TEMPORARY EMPLOYEES., which was read, be adopted. On roll call, said motion carried and said resolution was adopted oy the fol- lowing vote: Ayes: Councilmen McGill, Stephens and Mayor Balme:r; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 6. Reported that a study had been made regarding the parking of food vending vehicles near established restaurants and it was the Staff's recom- mf-ndation that no action be taken in this matter. Ordered filed. 7. Presented an agreement between Public Safety Systems, Inc. , General Research Corporation, Consultants, and the City of El Segundo for a 10 -city police communications feasibility study. Advised that the proposed contrast had been approved by the California Council on Criminal Justice and recommended approval. -4- May 14, 1973 X Motion was made by Councilman Stephens, seconded by Councilman McGill that the following resolution be adopted: RESOLVED, that that certain Agreement between Public Safety Systems, Inc. , General Research Corporation and the City of El Segundo for the preparation of a Police Communications Study for ten South Bay Cities, presented to this Council on this date, 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 Mayor 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, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 8. Presented a statement of charges from Burke, Williams and Sorensen in the amount of $72. 50 for professional services in the matter of Keith vs. Volpe (I -105 Freeway). Motion was made by Councilman McGill seconded by Councilman Stephens that the above expenditure be approved and that the amount of $72. 50 be authorized from the Contingency Account. Motion carried. CITY CLERK MADE REPORTS AS FOLLOWS: 1. Presented a claim against the City from James William Skinner for alleged false imprisonment and violation of civil rights in an incident which occurred on March 12, 1973, and reported that said claim had been referred to the City's insurance carrier. Motion was made by Councilman McGill, seconded by Councilman Stephens that the claim be denied and that the action of the City Clerk in referring same to the insurance company be approved, ratified and con- firmed. Motion carried. 2. Reported that terms of Library Board Trustees, Richard G. Nagel and Gordon T. Stephens had expired. Motion was made by Councilman McGill, seconded by Mayor Balmer that Richard G. Nagel and Gordon T. Stephens be reappointed to the Board of Trustees of the El Segundo Public Library for three -year terms, said terms to expire April 30, 1976. Motion carried. CITY ATTORINEY ALLEN MAD': REPORTS AS FOLLOWS: 1. Presented a replaceme,-it Franchise Bond No. CF- 7103701 -33 with Southern California Edison Company as Principal and Commercial Union Insurance Company as Surety. This bond is offered as a replace- ment for Pacific Indemnity Company Bond No. 127612. Recommended ha` the bond be approved by the City Council and that the Mayor be authorized to approve the bond as to sufficiency on behalf of the City. Motion was made by Councilman McGill, seconded by Councilman Stephens that the Council concur in the recommendation of the City Attorney as set forth above. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. -5- May 14, 1973 3439 X 3440 Recommended that Franchise Bond No. 127612 in amount of $1000. 00, furnished to the City of El Segundo by Southern California Edison Company, be exonerated. Motion was made by Councilman Stephens, seconded by Councilman McGill that the following resolution be adopted: RESOLVED, that that certain Franchise Bond No. 127612, dated May 12, 1948, with Southern California Edison Company as Principal and Pacific Indemnity Company as Surety, in amount of $1000. 00, be and the same is hereby exonerated from any liability accruing thereunder subsequent to midnight this date, to wit: May 14, 1973 Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 2. As previously requested, presented for the Council's consideration a resolution directing the Planning Commission to set for hearing an amend- ment to or revocation of Precise Plan No. 3 (770 West Imperial Avenue). Motion was made by Councilman McGill, seconded by Councilman Stephens that Resolution No. 2481, entitled: A RESOLU'T'ION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DIRECT- ING THE PLANNING COMMISSION TO SET FOR HEARING THE MATTER OF AN AMENDMENT TO OR THE REVOCATION OF PRECISE PLAN NO. 3. , which was read, be adopted. On .roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 3. As previously requested, presented for the Council's considera- tion a resolution amending fire service standby rates. Motion was made by Councilman M 2Gi.'_1, seconded by Councilman Stephens that Resolution No. 2482, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMEND - ING RESOLUTION NO. 2452 (FIXING AND ESTAB - LISHING RATES AND CHARGES FOR WATER SER- VICES) BY AMENDING SUBSECTION (C) OF SEC- TION 1 OF SAID RESOLUTION., which was read, be adopted. On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; A;nsent: Councilmen Morgan and Nagel. 4. Requested thak the Council meet in executive session at the close of this meeting to discuss matters of litigation. -6- May 14, 1973 94 DIRECTOR OF PUBLIC WORKS GLICKMAN MADE REPORTS AS FOLLOWS: 1. Presented Change Order No. 4 for Project No. 72 -2 (Rev. ) for trunk sewer and pumping plant No. 7 modifications and sand :till trunk sewer metering structure remodeling. The Contractor, De Leon Construction Company, had filed a notice of potential claim for extra work and had exceeded the time for completion of the work by 19 days, neither of which items had been resolved at the time of acceptance of the project. The City therefore withheld from the Contractor's final payment an amount of $1, 900 as liquidated damages. In a meeting with the Contractor's attorney, it had been determined that the claim for alleged extra work did not have adequate justification and the claim would therefore be withdrawn. In reviewing the request for approval of 19 days extension of time for completion of the contract work, it had been found that the major items of work had been completed in the required time and that only two items -- reseeding lawn areas and replacement of an electri- cal cord - -had not been accomplished. It is therefore recommended that the Council approve Change Order No. 4 granting an extension of 19 calendar days and ;:hat payment in amount of $1, 900 be made to the Contractor. Motion was :nade by Councilm. n Stephens, seconded by Councilman McGill that Change Order No. 4 as hereinabove referred to, be approved and that an amount of $1, 900, previously withheld as liquidated damages, be paid to said Contractor. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 2. Reported that Project No. 72 -5 had been completed in compliance with the City's approved plans and specifications by Earl J. McKinney Corpor- ation and that Notice of Completion had been filed with the County Recorder. There is presently pending a change order granting a time extension of 12 calendar days due to rains and an unknown amount of money for addi- tional paving not contemplated in the original contract. Recommended that the construction project be accepted by the City Council and when the final determination of the cost of the extra paving is made, the Public Works Department will make further recommendations. Motion was made by Councilman McGill, seconded by Councilman Steplens that the following resolution be adopted: RESOLVED, that the City Council concurs in the recommendation of the Director of Public Works and that the work covering furnishing and installing of water pipe- lines at various locations in accordance with Specifications No. 72 -5 by Earl J. McKinney Corporation, is hereby accepted as of this date, May 14, 1973. Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. 3441 3. Presented for the Council's consideration Agreements between the City and County of Los Angeles and between the City, County and The Atchison, Topeka and Santa Fe Railway Company for the construction and maintenance of the grade separation structure on El Segundo Boulevard at Aviation Boulevard. The Agreements specify in detail the responsibility of each agency involved in the construction and maintenance of the proposed grade separation project. The tri- partite agreement to be approved by the City, County and -7- May 14, 1973 X 3442 the Railroad, states each agency's obligation during construction and specifies the Railroad's share of the cost of construction. The Agreement between the City and the County specifies the apportionment of costs for construction to be divided between the two agencies. The City's share of the cost is fixed at $298, 500 plus $56, 496 in TOPICS funds previously assigned to the County. Funds are available to cover this obligation. All costs in excess of the City's share will be borne by the County. Recommended that the two Agreements be approved by the Council. Motion was made by Councilman Stephens, seconded by Mayor Balmer that the following resolution be adopted: RESOLVED, that that certain Agreement between the County of Los Angeles and the City of El Segundo, for the construction and maintenance of grade separation structure on E1 Segundo Boulevard at Aviation Boulevard, presented to this Council on this date, 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 Mayor of the City of El 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, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. Motion was made by Councilman Stephens, seconded by Mayor Balmer that the following resolution be adopted: RESOLVED, that that certain tri- partite Agreement between The Atchison, Topeka and Santa Fe Railway Company, the County of Los Angeles and t:he City of E1 Segundo for the construction and maintenance of grade separation structure on Et Segundo Boulevard at Aviation Boulevard, presented to this Council on this date, 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 Mayor 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, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. RATIFICATION AND APPROVAL OF WARRANTS Motion was made by Councilman McGill, seconded oy Councilman Stephens that Warrant Numbers 39250 to 39407 inclusive, totaling $214, 383. 78, drawn in payment of demands, a list of which had been pre- sented to the Council as Demand Register Summary Number 22, and certified by the Finance Director as conforming to the Budget approved oy Ordinance No. 789, be ratified and approved. -8 May 14, 1973 X 3443 Motion carried by the following vote: Ayes: Councilmen McGill, Stephens and Mayor Balmer; Noes: Councilmen None; Absent: Councilmen Morgan and Nagel. NEW BUSINESS The City Manager was requested to direct a letter to the Public Utilities Commission to inquire as to the status of the abandonment of the Southern Pacific Railroad track within the City of El Segundo. ORAL COMMUNICATIONS 1. MR. BEN FLOYD, 736 Sierra Street, presented a petition signed by himself and 390 others, protesting the contracting of street sweeping services. At the hour of 8:00 o'clock p.m. , the Council recessed to an Executive Session in the Mayor's office. At the hour of 8:45 o'clock p.m. , the Council reconvened, the following members being present and answering roll call: McGill, Stephens and Mayor Balmer. Motion was made by Councilman McGill, seconded by Councilman Stephens and unanimously ca ^ried that the City Attorney be instructed to advise the firm of Draper, Adams and Huntington to take such action as it deems appropriate to settle and conclude the Water Meter Litigation. City Manager Jones presented a Notice of Charge of Employment Discrimination filed with the Equal Employment Opportunity Commission by the E1 Segundo Police Officers Association. The Council directed the City Manager to reply to the Egtia'_ Employment Opportunity Commission offering full cooperation and assistance in investigating the charge. No other business appearing to come before the Council at this meting, it was m07ed toy Councilman McGill, seconded by Councilman Stephens that the meeting adjourn until Monda-, May 21, 1973 at the hour of 7:00 o'clock p. m. , in the Council Chamber of the City Ha'l of the City of E� Segundo, California, the hour of adjournment of this meeting being 9:00 o'clock p.m. Mc�!ion carried. APPROVED: Respectfully submitted, � r City -9- May 14, 1973