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1978 NOV 21 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO November 21, 1978 1 . CALL TO ORDER X4R 1 The El Segundo City Council convened in regular session on Tuesday, November 21, 1978 at 7:00 o'clock p.m., in the Council Chamber of the El Segundo City Hall. 2. PLEDGE OFALLEGIANCE The Director of Public Works William Glickman led the salute to the Flag. 3. INVOCATION Delivered by Father Du Val,pastor of the Church of St. Michael the Archangel. 4. ROLL CALL Present: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Absent: Councilmen None 5. SPECIAL ORDER OF BUSINESS a. Continued hearing on Precise Plan No. 5 -78 for condominiums at 948 -950 Virginia Street - Anostasi Construction Company The Mayor announced that this was the time and place heretofore fixed for subject hearing and inquired if any written communications had been received, to which the City Clerk replied that none had been received in her office. Director of Public Works Glickman reported that a letter had been received from Mr. William Ross, attorney for Anostasi Construction Company, stating that the developer would not share in the cost for constructing storm drain facilities and had suggested an assessment district be formed. Advised that staff members had met to consider this matter and offerred the alternatives of accepting the Precise Plan contingent upon the developer paying $27,000 as his share for con- structing a storm drain system; accept the Precise Plan with the requirement that the building plans would require that drainage from the street could not enter the subterranean garage, leaving the scheduling of the storm drain construction in 1983 as shown in the Capital Improvement Program; deny the application; or establish an assessment district for construction of the storm drains. Mr. William A. Ross, 1413 Sepulveda Boulevard, Manhattan Beach, offerred another alternative, that of permitting more lot coverage under the variance pro- cedure. Further stated that although the developer was not in a position to remedy the flooding problem in the area, he would not build a structure which would allow water to enter the subterranean garage. After discussion by Council and staff, City Attorney Allen suggested that staff and the developer confer and work out a way that would satisfy both the developer and the City which could be put in resolution form, so that all the risks would be in writing. Mr. Jim Ottman, 942 Virginia Street, stated he was against establishing an assessment district as being unfair to the home owners in the district. After further discussion, motion was made by Councilman Nagel, seconded by Councilman Benson, that the language be put together and presented at the next regular City Council meeting, that the building design minimize the effect of the storm water in the immediate area and minimize the possibility of it entering onto the site of the condominiums. Motion carried. x48A0) There being no further testimony, the Mayor declared the hearing continued until the next regular City Council meeting to be held December 5, 1978. b. Hearing to consider adoption of the Uniform Fire Codes, 1976 Edition and National Fire Code Volumes 1 thru 5 and 7 thru 16 - 1978 Edition The Mayor announced that this was the time and place heretofore fixed for the hearing to consider adoption of the subject Uniform Fire Codes and inquired if proper notice of the hearing had been given, to which the City Clerk replied that an affidavit of publishing the notice was in the City Clerk's file. The Mayor stated the files woUld become a part of this hearing and inquired if any written communications had been received, to which the City Clerk replied that none had been received. The Mayor inquired if anyone present wished to speak regarding this matter. There being no reply, the Mayor ordered the hearing closed. City Attorney Allen presented the ordinance adopting subject codes, entitled: ORDINANCE NO. 964 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE "UNIFORM FIRE CODE, 1976 EDITION," INCLUDING APPENDIXES A, B, C, D, E, F AND G; REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING CHAPTER 17.04 TO, THE "EL SEGUNDO MUNICIPAL CODE," WHICH CHAPTER RELATES TO THE FIRE CODE which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Motion was made by Councilman Benson, seconded by Councilman Nagel, that said ordinance be adopted. Motion carried by the following vote; Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 6. ORAL COMMUNICATIONS - -- None 7. REPORTS OF COMMITTEES a. South Bay Cities Association. Councilman Bue reported that members had expressed concern about the Air Quality Management Plan and the Southern California Association of Governments (SLAG) study which had been sent out to the cities. City Manager Jones stated he thought the staff could review the report and have comments and recommendations before the December meeting of the Association. b. South Bay Regional Public Communications Authority - Board of Directors Councilman Van Vranken reported that the Memorandum of Understanding between the Authority and dispatch operators had been accepted by the Board and representatives of the membership, but at the election, the membership turned it down, so negotiations will be resumed. -2- Council Minutes Nov. 21, 1978 c. Noise Abatement Committee. Councilman Nagel announced that in place of the November meeting, a tour on November 27th had been scheduled of the FAA Radar Facility known as the TRACON Facility and the Los Angeles Airport Noise Monitor. Stated there was room for three more on the tour. d. Councilman Benson reported he had met with staff members and reviewed the offer made by Mr. Leuzinger to donate the house and furnishings to the City as a historical monument and that the ad hoc committee had recommended that the offer be declined. Motion was made by Councilman Benson, seconded by Councilman Van Vranken, that the offer to donate the Leuzinger house to the City be declined. City Manager Jones suggested that members of the community be given a chance to express their feelings before final action is taken. After further discussion, the aforesaid motion carried unanimously. 8. CONSENT CALENDAR City Attorney Allen asked that Item 'f' be removed from the Consent Calendar and referred to him for discussion in Executive Session. Motion was made by Councilman Bue, seconded by Councilman Van Vranken, that the items on the Consent Calendar, with the exception of Item 'f', be approved as indicated. Motion carried. a. Minutes of the adjourned regular meeting of the City Council held November6, Approved as written b. Minutes of the regular meeting of the City Council held November 7, 1978 Approved as written c. Warrants Nos. 61423 through 61596 on Demand Register Summary No. 10 and Expense Checks Nos. 2066 through 2078 on Expense Check Register No. 8 in total amount of $712, 818.03 conforming to Budget approved by Ordinance No. 959 Ratified and approved d. Canton Low Restaurant application to State Department of Alcoholic Beverage Control for person -to- person transfer of On -Sale Beer & Wine License, Eating Place Ordered received and filed e. Hollymain Liquor application to State Department of Alcoholic Beverage Control for person -to- person transfer of Off -Sale General License Ordered received and filed g. Suit No. C224904 filed against the City of El Segundo et al by N.E.C. America, Inc. for recovery of unsecured property taxes Approved forwarding complaint to Los Angeles County Counsel for defense 9. CALL ITEMS FROM CONSENT CALENDAR f. Claim against the City for automobile damages from Rick Hays There being no objections heard, subject item was referred to the City Attorney for report in Executive Session. -3- Council Minutes Nov. 21, 1978 X481414 10. WRITTEN COMMUNICATIONS a. Notice of Public Hearing before the California Coastal Commission on December 4, 1978 on Los Angeles Department of Water and Power applica- tions to construct fuel oil pipeline in Rosecrans Avenue and Vista del Mar, and to construct storage tank at Scattergood Generating Station Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the Council respond to subject application in a positive way. Motion carried. b. Commendation from Douglas H. Gordon, Director of Community Relations Northrop Aircraft City Clerk Burrowes read subject letter commending the El Segundo Police Department for the manner in which officers dealt with an automobile accident involving the writer. The Mayor directed the letter be received and filed. REPORTS OF OFFICERS a. City Manager Jones 1) Public Auction of surplus, lost and abandoned property Presented a list of items no longer needed for City use, and lost,abandoned and recovered property accumulated by the Police Department. Recommended that all the items listed be declared surplus and authority granted to sell by public auction, the first of which is scheduled for December 9, 1978. Motion was made by Councilman Bue, seconded by Councilman Nagel, that said recommendation be approved and Notices of Sale at Public Auction be published in accordance with the law. Motion carried. 2) Acquisition of property for new City Yard Mayor Balmer announced that due to possible conflict of interest, he would not participate in the action or discussion of this item and, therefore, turned this portion of the meeting over to Mayor pro tem Van Vranken. Advised that an appraisal had been made and negotiations had been in progress for purchase of property on Illinois Street for use as the City Yard from Chevron Land Company, said negotiations included the exchange of two surplus storm drain retention basins, located on Center Street adjacent to the Junior High School and on Nevada Street, south of Pine Avenue, plus payment by the City of $423,250, the difference between the appraised values. Advised that plans include filling and compacting the retention basins prior to sale and that $502,000 had been budgeted for the acquisition of land for the City Yard. Recommended acceptance of the negotiated terms and that the City Attorney be authorized to prepare a sales agreement to complete the purchase and transfer of property. Motion was made by Councilman Benson, seconded by Councilman Bue, that the City Manager's recommendation be approved. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel and Mayor pro tem Van Vranken Noes: Councilmen None Absent: Councilmen None Not Voting: Mayor Balmer -4- Council Minutes Nov. 21, 1978 3) Monthly report South Bay Regional Public Communications System October 9 through November 12 Reported that no complaints had been received since June of this year, that there had been a slight increase in response times from last month, and that all systems are now connected. Stated that a disaster preparedness exercise was being.prepared to be held the last week in November to test the communications part of the system, as well as the whole Emergency Operations Center, to determine what changes may be needed. b. Director of Public Works Glickman 1) Water Rate increases Mayor Balmer announced that due to possible conflict of interest, he would not participate in the discussion or action in this matter and, therefore, turned this portion of the meeting over to Mayor pro tem Van Vranken. Advised that the Metropolitan Water District had increased the wholesale water costs by $5.00 per acre foot, effective January 1, 1979, and in order to maintain the City Water Division's present fiscal posture, a water rate adjustment would be necessary. Presented three alternatives to provide the additional revenues required in amount of $44,000: 1) Make no change in the present rate structure with the City absorbing the costs; 2) increase water charges by 1� for each unit (100 cu. ft.) in the two existing block rates; and 3) leave the lowest consumer rates the some and increase the rates of highest consumers by 2� per unit, which would decrease the difference between the two block rates. Recommended adop- tion of alternate No. 3. The Mayor pro tem asked if anyone present wished to speak in regard to this matter. Mr. Gary Wallace, Detroit Products, 1601 East Grand Avenue, stated that the Council was not paying attention to what the State was trying to do (referring to Proposition No. 13) and disagreed with Mr. Glickman that if you use less water you pay less and gave figures to substantiate his statement; that he would not agree to accepting any increase at this time. Mr. Len Course, Operations Superintendent of Chevron Refinery, presented the Council with a statement regarding water usage by the Refinery, stating that the company believed the increased costs should be passed on proportionately to all users. Mr. Glickman stated that El Segundo has a very competitive rate structure which may be the lowest in the South Bay area. Councilman Benson suggested using the Water Department Franchise fee to cover the increase and not raise any rates. After further discussion, motion was made by Councilman Nagel, seconded by Councilman Bue, that second block rates be increased by 2� per unit leaving the first block rates unchanged, and that the following resolution, entitled: RESOLUTION NO. 2880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR WATER SERVICE IN SAID CITY AND RESCIND- ING RESOLUTION NO. 2857 which was read, be adopted. -5- Council Minutes Nov. 21, 1978 On roll call, said motion carried and said Resolution No. 2880 was adopted by the following vote: Ayes: Councilmen Bue, Nagel and Mayor pro tem Van Vranken Noes: Councilman Benson Absent: Councilmen None Not Voting: Mayor Balmer Councilman Nagel suggested that staff undertake a study of water rates and furnish recommendations on where we are going to go in the future and who is going to pay for the water, establishing some plan of attack since it is known that rates are going up and factors are in hand for unitary rates. The Majority of the councilmen agreed that staff be directed to conduct such a study and report back to the Council. 2) Change Order No. 30 to Ray Wilson Co. contract - Civic Center Improvements Presented subject Change Order covering five separate items found nec- essary to complete the project in a proper manner, in total amount of $3,457.26. Recommended approval of the Change Order in said amount, including a time extension of five days. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that Change Order No. 30 to the contract with Ray Wilson Co. for various changes and an extension of 5 days in amount of $3,457.26 be approved and the Mayor authorized to sign said change order on behalf of the City of El Segundo and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None 3) Storm Drain Retention Basin on Center Street at Pine Avenue Councilman Bue and Mayor Balmer announced that due to possible conflict of interest they would not participate in the discussion or action of this item and the Mayor therefore turned this portion of the meeting over to Mayor pro tem Van Vranken. Reported that the contractor on the Hughes development had indicated that excess fill materials may be available which it would deliver to the City at no cost. Advised that this would amount to considerable savings to the City. Recommended that authorization be given to accept said offer for filling subject sump and possibly the basin on Nevada Street immediately northeast of said sump. Further advised that after filling, it would be necessary to compact the material, the estimated cost of which would be around $25,000. Recommended that authori- zation be given to expend not more than $25,000 for the compacting work, said amount to be allocated from the Capital Improvement Fund. Motion was made by Councilman Nagel, seconded by Mayor pro tem Van Vranken, that the Director of Public Work's recommendations be approved. Motion carried by the following vote: Ayes: Councilmen Benson, Nagel, and Mayor pro tem Van Vranken Noes: Councilmen None Absent: Councilmen None Not Voting: Councilman Bue and Mayor Balmer t� Council Minutes Nov. 21, 1978 12. UNFINISHED BUSINESS a. Ordinance regarding fleet taxicab operators requirements for self - insurance Motion was made by Councilman Benson, seconded by Mayor Balmer, that the ordinance authorizing self - insurance for fleet taxicab operators be adopted. Councilman Nagel suggested changes be made before adoption. Councilman Van Vranken stated the ordinance did not include provisions for excess insurance coverage. After further discussion, a substitute motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that staff redraft the ordinance to provide for requirements of excess insurance coverage modeled after the City's self - insurance coverage. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Nagel and Van Vranken Noes: Councilman Benson and Mayor Balmer Absent: Councilmen None b. Resolutions concerning Southern California Edison Company charges for street lighting Director of Public Works Glickman stated that Los Angeles County was asking for support in its position before the Public Utilities Commission concern- ing Southern California Edison Company charges for street lighting, asking the PUC to look at the rate structures to make sure they are equitable. Mr. Larry Fine, District Manager of Southern California Edison Company, stated that the company was not opposed to the resolutions, that the county does not agree with how the PUC had made arrangements for reimbursement of fees to users, which the company is now doing. Mr. Milton La Pointe, Southern California Edison Company, explained the rates for services and substantiation for the facilities charges. After further discussion, the Council ordered the resolutions from the County of Los Angeles received and filed. 13. NEW BUSINESS -- - None 14. ORAL COMMUNICATIONS - -- None 15. REC ESS At the hour of 9:25 o'clock p.m., the Council recessed to an Executive Session in the Mayor's office to discuss a matter of insurance claim. At the hour of 9 :35 o'clock p.m., the Council reconvened, all members being present and answering roll call. 16. ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned in memory of Mr. Harry Cogan, who passed away on October 31, 1978; the hour of adjournment of this meeting being 9 :37 o'clock p.m. Respectfully submitted, APPROVED: ��� ���zti�, •eQi. Valerie A. Burrowes, City Clerk /P a�� E. L. Balmer, Mayor -7- Council Minutes Nov. 21, 1978 49_4 t