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1979 AUG 21 CC MINX gd MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 21, 1979 1. CALL TO ORDER The E1 Segundo City Council convened in regular session on Tuesday August 21, 1979 at 7:00 o'clock p.m., in the Council Chamber of the El Segundo City Hall. 2. PLEDGE OF ALLEGIANCE Councilman Richard G. Nagel led the salute to the Flag of the United States of America. 3. INVOCA TION Actinq Police Chief Clark Devilbiss delivered an opening prayer. 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 Unclassified Use Permit No. 1 -79 for Helistop at 2000 East Imperial Highway- Hughes Aircraft Co. Councilman Bue announced that due to possible conflict of interest, he would not participate in the action or discussion of subject item. Mayor Balmer announced that this was the time and place here- tofore fixed for the subject hearing and inquired of the City Clerk if any written communications had been received, to which she replied that none had been received. Assistant Planner Cosin reported that the Planning Commission had concurred with Council's recommendations that the hours for helistop flights be limited to between P A. M. and 9 P. TVI., and requested that the Negative Declaration be certified and the Unclas- sified Use Permit be approved. The Alayor inquired if anyone present wished to speak regarding this matter. Mrs. Pearl Stevens, 608 Illinois Court, stated she was opposed to the helistop and asked how an environmental study could result in a negative declaration; that the helistop was constructed for a few people at the inconvenience of thousands of residents; that her concern was that the City gives permits for helistops on which it has no en- forcement powers; that she knew of no other misdemeanor where the private citizen had to play the role of detective. Asked that the Council not grant this permit, or as an alternative, to defer it until such time as it could be put on the ballot so the people could vote on the matter of the environmental study. There being no further response, motion was made, seconded and passed that the hearing be closed. Thereafter, motion was made by Councilman Van Vranken, seconded by Councilman Benson, that the Negative Declaration be certified. Motion carried (Councilman Bue not voting). City Attorney Allen presented the ordinance granting an Un- classified Use Permit for subject helistop, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING AN UNCLASSIFIED USE PERMIT (1 -79), SUBJECT TO CERTAIN LIMITA- TIONS AND CONDITIONS, TO HUGHES AIRCRAFT COMPANY, TO ESTABLISH AND OPERATE A HELISTOP ON PROPERTY LOCATED AT 2000 EAST IMPERIAL HIGHWAY, BUILDING NO. 367 WITHIN SAID CITY which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, said ordinance was introduced by Councilman Van Vranken. b. Hearing on Zone Change 2 -79 from General Commercial (C -2) to A,.ultiple Family Residential (R -3) The Mayor announced that this was the time and place hereto- fore fixed for the hearing on zone change of property on Imperial Avenue between Pepper Street and Eucalyptus Drive from C -2 to R -3 as requested by Mr. and Mrs. Robert L. Sherrill and inquired if the proper notice of the hearing had been given. The City Clerk replied that affidavits of publishing and mailing the notice were in her file. The Mayor stated the files would become a part of this hearing, and then inquired if any written communications had been received, to which the City Clerk replied that none had been received. Assistant Planner Cosin reported that the reason for the change was that the predominant use of property in this area was multiple residential and the need for residential land is greater than commer- cial. Asked that the Negative Declaration, which had been prepared, for this change, be certified and the zone change approved. The Mayor inquired if anyone wished to speak regarding this matter. There being no response, motion was made, seconded and carried that the hearing be closed. Motion was made by Coun- cilman Van Vranken, seconded by Councilman Bue, that the Nega- tive Declaration be certified. n- lotion carried. City Attorney Allen presented the ordinance which would accomplish changing the zoning map for the aforesaid area from C -2 to R -3, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COn °PR.E- HENSIVE ZONING ORDINANCE) OF THE "EL SEGUNDO MUNICIPAL CODE" BY AMENDING THE ZONING MAP REFERRED TO IN SECTION 20. 16.030 OF SAID CODE (2-79) which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, said ordinance was introduced by Councilman Bue. C. Hearing on appeal of Mr. Dennis M. Hoffhine for Entertain- ment Permit for Time -Out Restaurant The Alayor announced that this was the time and place hereto- fore fixed to hear the appeal of the Time -Out Restaurant on the matter of the denial of an entertainment permit, and inquired if proper notice of this hearing had been given. -2- Council Minutes August 21, 1979 The Clerk advised that proper notice had been given by mail and that an affidavit of mailing was in the City Clerk's file. The 1V ayor stated the file would become a part of this hearing and then inquired if any written communications had been received, to which she replied that none had been received. Acting City Manager Glickman reported on the procedure for processing applications for entertainment permits. Stated that upon application of the appellant for an entertainment permit, the Director of Finance chose not to issue the permit because of the negative reports from the Police Department. After discus- sion, the City Attorney suggested that this matter be deferred so that the appellant could read the police report. By mutual agree- ment of the Council, this matter was deferred to a later hour. d. Motion Picture Film Permit !` ^ting City manager Glickman advised that this afternoon, staff had been advised of an application for filming a motion pic- ture in the community at the intersection of N:ain Street and Mariposa Avenue; that one matter of the application he wished to have concurrence from the Council, that of filming for three or four hours after dark. Mr. Jack English, Location Director for Frank Capra Produc- tions, stated they would probably be through filming by midnight, but would like a couple of extra hours in case of unexpected delays. After discussion regarding disturbances of residents in the area, police involvement, etc., motion was made by Councilman Van Vranken, seconded by Councilman Benson, that a permit be issued to allow filming up to 2 o'clock a.m. Motion carried by the following vote: Aves: Councilmen Benson, Eue, Van Vranken and Mayor Balmer Noes: Councilman Nagel Absent: Councilmen None At this time, the hearing on appeal of Time -Out Restaurant was resumed. Police Captain Devilbiss reported on the police activity at said restaurant, that a business registration fee had not been paid for the calendar year 1978 and an enter':3inment permit had not been procured since 1977. Stated an application for a business license was received in June of 1979, but an enter- tainment permit was not applied for although entertainment was being furnished at the above establishment. Stated that after repeated requests for compliance, a warrant was issued for vio- lation of the entertainment code. Recommended that the entertain- ment permit be denied for the remainder of this calendar year. The Alayor inquired if anyone wished to speak in this matter. Air. Eing Patrick O'Connor, %ice- president of Time -Out, stated it was not an intentionaTUisregard. There being no further response, the Mayor ordered the hearing closed. Motion was made by Councilman Bue, seconded by Councilman Nagel, that the recommendation of the Police Department be approved; that the 'Time -Out' Bar be denied an entertainment permit until December 31, 1979 for furnishing entertainment without a permit in violation of the X.unicipal Code. Motion carried. -3- Council Minutes August 21, 1979 0 7. ORAL COMMUNICATIONS a. Mr. Ed. Erdely, 209 West Acacia Avenue, asked whether building permits and plans were public records. City Attorney Allen stated the Council had not requested he investigate and report on this subject, but the Building Director had informed him that building permits in that office are public records. Building Safety Director Dalgleish stated the law provides that plans can be examined with the exception of certain government buildings or public installations unless permission is received from the owners. b. Mr. G. Roger Siegal, 508 Loma Vista Street, proposed that El Segundo annex all t e territory from Rosecrans Avenue on the south to Imperial Highway on the north; extend the City boundary westerly to the Pacific Ocean and extend the beach area to the north side of the airport, which would include the preserved area for the El Segundo Blue Butterfly. Suggested the Hyperion Plant be moved to a better location at the end of the airport and that the annexation of the territory on the beach would provide a beach that could be developed into a fine recreational area. REPORTS OF COMMITTEES a. South Bay Regional Public Communications Authority Board of Directors Councilman Van Vranken reported that the Board had discussed an independent audit of the management and operation of the Center, which item had been included in the budget, but delayed to allow the new management time to become accusf-omed to the job. Stated he disagreed with the report of that Board meeting in the Daily Breeze newspaper, that he thought the article was very slanted and gave a misleading interpretation of what really transpired at the meeting. 8. CONSENT CALENDAR Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that all the items on the Consent Calendar be approved, as follows: a. Minutes of the regular City Council meeting held August 7, 1979 ... Approved as written b. Warrants Nos. 64174 through 64289 on Demand Register Summary No. 3 and Expense Checks Nos. 2360 through 2377 on Expense Check Register No. 2, in total amount of S488,101.65 ..... Ratified and approved C. Summons and Complaint C 291834 from TRW, Inc. - vs - County of Los Angeles et al for recovery of property taxes ... Ratified and approved City Attorney's action of forwarding to County Counsel for defense d. P esolution authorizing participation in the California Highway Patrol Abandoned Vehicle Abatement Program (AVA), entitled: RESOLUTION NO. 2936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGH- WAY PATROL FOR ABANDONED VEHICLE ABATE - 1� iENT PARTICIPATION ... Adopted as written -4- Council P inutes August 21, 1979 e. Claim against the City from Maria Antonia Perez for personal injuries sustained May 6, 1979 ... Claim denied 9. CALL ITEMS FROM CONSENT CALENDAR - -- None 10. WRITTEN COMMUNICATIONS a. League of California Cities, voting delegates Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that Councilman Nagel be named delegate and Mavor Balmer his alternate at the League conference to be held September 22 -25, 1979. Motion carried. 11. REPORTS OF OFFICERS a. Acting City Manager Glickman 1) Bid No. 79 -6 Overhaul of two pump engines for storm drains Advised that only one bid had been received for subject specialty item, a bid from Waukesha Engine Servicenter, Inc., which bid was within the funds budgeted for the work. Recommended the bid be accepted. Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that the bid of Waukesha Engine Servicenter, Inc. , be accepted for overhauling two engines and that purchase order be issued to said company in an amount not to exceed S12, 500 for the total work. Motion carried by the following vote: Ayes: Councilmen Benson, Nagel, Van Vranken and Mayor Balmer Noes: Councilman Bue Absent: Councilmen None 2) Ametek Microelectronics agreement for lease of City property, portion of Lot 22 in Utah Tract Recommended acceptance of subject agreement with the condition that the IQayor be authorized to sign the document after the proper insurance papers have been received by the City. .Notion was made by Councilman Van Vranken, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED that that certain form of Lease between the City of El Segundo and Ametek Microelectronics for lease of City property for use as a parking lot in Lot 22 of the Utah Tract, presented to this Council on this date, be and the same is hereby approved, and after execution by each of the above - named parties, a copy of said lease be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Aiayor of the City of E1 Segundo be and he is here- by authorized to execute said lease for and on behalf of said City and the City Clerk to attest the same after the insurance requirements in said lease have been complied with by the Lessee. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None -5- Council Minutes August 21, 1979 3) Draft Environmental Impact Study of Los Angeles Airport Assistant Planner Cosin presented subject report. Stated that the EIS was basically a condensed version of the Environmental Impact Report approved in November, 1978 by the Airport Board of Commissioners for continuing plans and actions proposed for the anticipated growth of the airport by 1985. Stated that the study covered the improvement program and she enumerated several points of the airport expansion program that would have an impact on the City of E1 Segundo. Invited comments and input for a re- sponse to the study, which was due for submittal to the Federal Aviation Administration by August 29, 1979. After discussion, motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the City Council auth- orize Assistant Planner Cosin to respond to subject study on behalf of the City Council. Motion carried with one dissenting vote by Councilman Benson. 4) Request for approval of partial occupancy of Hacienda Hotel Expansion Advised that subject request had been received from the Del Rey Capital Corporation, who are in the first phase of subject expansion program and had asked permission to occupy a portion of that building at this time, even though construction had not been completed. Stated that Staff had worked with the Hacienda staff to develop a letter agreement and surety covering 150% of the City staff's estimate of costs for improvements. Recommended approval for occupancy of a portion of the hotel under these conditions. Building Safety Director Dalgleish advised that the hotel is contemplating building another tower which would have an effect on the parking facility of Phase I. After further discussion, this matter was deferred until copies of the letter agreement could be furnished the Councilmen. 5) I -105 Freeway Coodinating Committee meeting Advised that a meeting would be held in Lynwood this Friday to discuss a matter of litigation. Stated that Mr. Sorensen of Burke, Williams and Sorensen and Mr. Northcraft, Assistant to the City Manager planned to attend and asked if a councilmember wished to attend. Councilman Van Vranken advised that he was the representa- tive for this committee, but he had a prior commitment. The i\layor addressed the staff, asking that no more matters of emergency nature which require immediate action be brought to the Council. Stated the Council needs a chance to study the issues and that this is inclined to create bad public relations. b. City Attorney Allen Presented resolutions calling for election on the matter of the City Clerk's position, one setting the salary of the City Clerk for an indefinite period, another setting the salary for the next term of office, and a third suggested by the City Clerk, asking the City Council to establish a salary to permit the City Clerk to devote full time to the office. Advised that in order to place any one of these measures on the November ballot, action would have to be taken at this meeting. In answer to Council's questions, the City Attorney advised that if any one of the measures were voted in, the first one would require a vote of the people for any subsequent salary change; the -g- Council Minutes August 21, 1979 second measure would set a salary for the next term of office only, after which the Council may or may not take action; and the third measure would be binding upon the Council to determine the City Clerk's salary. Further advised that the City Clerk is elected to an office with no set hours. City Clerk Burrowes stated she was asking for fair compen- sation for the hours devoted to the work required to carry out the duties of the City Clerk's position, that she did not approve the first two measures wherein a salary figure would be presented to the people. The general consensus of the Councilmen was that by the City Clerk not setting a salary figure, it placed the burden on the Council, and the Council preferred that this be left up to the people so they would have the recourse of recall or not voting for the person again if the job is not done well. Mr. Ron Hart, 608 Hillcrest Street, stated that the Mayor had just spoken to staff about presenting items without the Council having had prior knowledge of the matter which required that an immediate decision be made. Stated the issue of the City Clerk's salary was brand new to the people in attendance and that it appeared to be a situation of Brinkmanship, that there was not enough time to present it to the people. After further discussion, it was mutually agreed by the Council that nothing be done at this time, that a survey be made of what would be a proper amount for the City Clerk's job and that the Council look toward the election in April rather than November. Mr. G. Roger Siegel, stated this was a constitutional office and he thought it was beyond the Council's power to set the salary. The Mayor disagreed. Mr. Siegel stated a constitutional amend- ment and initiative process would be a means of doing it above board, that he thought it could only be done by an initiative. Hacienda Hotel Expansion occupancy Director of Building Safety presented copies of the letter agreement for the Council's perusal. After discussion, Council requested that several changes in the letter be made; that Exception No. 1 be made a part of the first paragraph: "The Hacienda Hotel is hereby relieved from immediately complying with the approved plans for landscaping, lighting and paving for area indicated as "deleted" on the sheet identified as "Phase I, Exhibit A Revised," except parkway improvements for all landscaping, curbs, and gutters on City property as indicated on the original permit drawings. " Further that paragraph No. 2 and 3 be renumbered 1 and 2 respectively, and the reference to paragraph 2 in the last para- graph be changed to paragraph 1. XIr. Ara Avak, 731 West Pine Avenue, stated he had business property across the street from the hotel and he was concenred about cleanliness in the area and would like some assurances that the area would be kept clean, that he would like to have that put in the contract. After further discussion between staff and Council, the City Attorney offered suggestions for accomplishing the desired results. ATotion was made by Councilman Bue, seconded by Councilman Benson, that approval be granted for partial occupancy of the Phase I expansion portion of the Hacienda Hotel (100 rooms only)upon -7- Council Minutes August 21, 1979 �V f deposit of a $125, 000 Time Certificate of Deposit with the City Treasurer to assure the completion of all parking improvements within a year and compliance with all provisions of the letter agree- ment as hereinbefore modified, on file in the office of the City Clerk, said deposit to be forfeited if parking is not improved before August 16, 1980 or at such extended time as the City Council may approve; that if parking improvements are completed as required, the Time Certificate of Deposit shall be returned to applicant; that applicant must agree to the provisions of this motion before said partial occupancy is approved. On roll call, said motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None C. Director of Public Works Glickman 1) Plans and Specifications for Irrigation System and Land- scaping of Median Islands on Sepulveda Boulevard Presented subject specifications No. 79 -4 for the area between Imperial Highway and El Segundo Boulevard. Recommended the specifications be approved and authorization given to advertise for bids for this work. Motion was made by Councilman Nagel, seconded by Council- man Van Vranken, that the following resolution be adopted: RESOLVED, that SPECIFICATIONS NO. 79 -4 and NOTICE INVITING BIDS FOR THE CONSTRUCTION OF AN IRRIGATION SYSTEM AND THE LANDSCAPING OF MEDIAN ISLANDS ON SEPULVEDA BOULEVARD FROM EL SEGUNDO BOULEVARD TO IMPERIAL HIGHWAY IN THE CITY OF EL SEGUNDO, CALIFORNIA, presented to this Council on this date, be approved and a copy placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that sealed bids be and the same are hereby invited under said NOTICE and the City Clerk be and she is hereby authorized and instructed to cause said NOTICE to be given and published in time, form and manner as required by law, the date and time for reception of said bids being hereby fixed for 11:00 o'clock a. m. on Tuesday, September 18, 1979. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and A',2tyor Balmer Noes: Councilmen None Absent: Councilmen None 12. UNFINISHED BUSINESS N one 13. NEW BUSINESS a. Councilman Nagel stated he had received a Noise sign, which he displayed, and asked the Director of Public Works to research the cost for placing these signs at the entrances of the City of El Segundo. _g_ Council Minutes August 21, 1979 b. Councilman Nagel stated that most of the suggestions he had made for improving conditions at the beach parking lot at Grand Avenue had been implemented and he wished to commend Supervisor Burke for taking immediate action. Council agreed that a letter of thanks be written to Supervisor Burke. C. Councilman Benson inquired about the completion date of the reservoir. Director of Public Works Glickman responded that the original schedule had been exceeded. It was now anticipated the project would be finished by February 1980. 14. ORAL COMMUNICATIONS a. Mrs. Pearl Stevens commended the Council and Director of Public Works for all the recent improvements to the streets, that they had done a great job. 15. ADJOURNMENT No further business appearing to come before the Council at this session, motion was made by Councilman Benson, seconded by Alayor Balmer, that the meeting adjourn in memory of I\,Ir. Scott Brown; the hour of adjournment of this meeting being 10:00 o'clock p.m. Motion carried. AFPRO�7ED: ' rn E. L. Balmer, Mayor Respectfully submitted, Valerie A. I urrowes, City er _g_ Council Minutes August 21, 1979