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1979 DEC 04 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL DECEMBER 4, 1979 1. CALL TO ORDER The E1 Segundo City Council convened in regular session on the above date at the hour of 7:00 o'clock p.m., in the Council Chamber of the E1 Segundo City Hall. 2. PLEDGE OF ALLEGIANCE led by City Manager Arthur Jones. 3. INVOCATION by Councilman William Bue 4. ROLL CALL Present: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Absent: Councilmen None 5. PRESENTATIONS a. Pedestrian Safety Award Mr. Milton Rummels, Assistant Manager of Automobile Club of Southern California, Inglewood Office, presented a Pedestrian Safety Achievement Award to Mayor Balmer and Police Chief Johnson, which he said was made possible by the Police Department and City School's cooperation in keeping the City safe. 6. SPECIAL ORDER OF BUSINESS a. Continued hearing on appeal of Sergeants L. M. Lunsford and R. R. Green regarding salary The Mayor announced that this was the time for hearing the appeal of Sergeants L. M. Lunsford and R. R. Green regarding salary matters. City Manager Jones stated he had no further information to submit. Mayor Balmer stated that the Council knows the intent of the salary resolution, but recognizes the possibility of misunderstanding. Sergeant Lunsford concurred that the resolution was ambiguous, that he had not intended to take advantage of any loophole, that his appeal was based on past practice and his performance of the duties. After discussion, Councilman Nagel advised that it was not the intent of the City for the resolution to be interpreted in this way, however, with the change now made in the resolution, the same thing could not happen again. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the appeal of Officers L. M. Lunsford and R. R. Green be granted on the basis that the salary resolution on which the officers presented their appeal could have been interpreted to include Police Detective as a classifica- tion, rather than a temporary assignment, as intended by the Council; that the salary resolution has been amended clearing the ambiguity, and eliminating further misunderstandings of the position. Motion carried by the following vote: Ayes: Councilman Bue, Nagel Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None . r. _ b. Hearing on Zone Change No. 5 -79, Lots 1 through 14, Block 65, Sht. 7 from Light Manufacturing (M -1) to Multiple Residential (R -3) The Mayor announced that this was the time and place heretofore fixed for subject hearing and inquired of the City Clerk if proper notice of the hearing had been given. The Clerk replied that affidavits of mailing and publishing the notices were in the City Clerk's 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 Clerk replied that none had been received. Associate Planner Cosin reported that this was a City- initiated project located east of Recreation Park and west of Sierra Street between Holly Avenue and Pine Avenue. Advised that it was the Planning Commission's desire to make this primarily a residential area, with a few lots, which are presently used for manufacturing, rendered legal, non - conforming. Recommended approval of the zone change and certification of the Negative Declaration prepared for this project. Council questioned the fact that the City Yard, located in this area, would become non - conforming and that rezoning to R -3 would increase the density around Recreation Park. After discussion, the Mayor inquired if anyone present wished to speak in regard to this zone change. Hearing none, motion was made and carried to close the public hearing. There- after, motion was made by Councilman Nagel, seconded by Councilman Bue, that the Negative Declaration be certified. Motion carried unanimously. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the City Attorney be instructed to prepare an ordinance rezoning only Lots 5 through 11 in said Block 65 from Light Manufacturing (M -1) to Multiple Residential (R -3), leaving Lots 1 through 4 and 12 through 14 as presently zoned, M -1, and direct the Associate Planner to present this change to the Planning Commission for its consideration and report back to the Council within the 40 days allowed by law. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel and Mayor Balmer Noes: Councilman Van Vranken Absent: Councilmen None Councilman Van Vranken asked that his comments go on record; that he thought the more appropriate zoning for this area would be R -2. 7. ORAL COMMUNICATIONS a. Mr. Mike Bergman, stated he had two items he wished to discuss with the Council. 1. Letter from the Center Street School PTA, which he read, regard- ing pornographic materials 'being sold on City property, lodging a stringent request to remove the newspapers from the streets. After discussion with Council and Staff, Mayor Balmer advised that this matter had been researched earlier and the City Attorney stated the City has as an effective an ordinance controlling the sale of such publica- tions as can be initiated within the present State laws, and the City Council has taken all the action the government can take. 2. Mr. Bergman stated he would like Council direction in regards to Agenda Item 12.a.2, pertaining to the City Treasurer's position. Advised that he was Chairman of the Committee for an Independent City Clerk and -2- Council Minutes Dec. 4, 1979 City Treasurer. He handed the Council a statement requesting that the aforesaid positions be made full -time elected positions, responsible to the electorate and compensated accordingly; that the citizens of E1 Segundo be allowed to decide that issue. Proposed that a commission be formed comprised of one councilman, one member of the City Employee's Association and three representatives from civic groups or three members from the public at large. After discussion, the consensus of the Council was that the positions are now and always have been independent, responsible to the electorate, that the Council's contemplated action was to eliminate the second job the Treasurer now holds, making both offices responsible only for statutory duties, which duties would not necessarily require full time or full pay as a department head. Council agreed it would have no objection to the matter being placed on the ballot for the next election if the proponents include salary rates, which once set, cannot be changed except by election of the people. Mrs. Nicky Wislocky, 1208 East Pine Avenue stated she thought the measure to reduce the Treasurer's position is politically motivated; that the people should have the freedom to approve full -time position of both offices as watchdogs of the City. Mrs. Stephanie Young, 525 Washington Street, stated the Council might be discouraging qualified people from running for these positions; that the matter should be decided by the vote of the people whether or not it is full or part time; that in her opinion, both the Clerk and Treasurer . positions are full time. Mr. Walt Eggert, 1435 East Sycamore Avenue, handed the Council a list of 10 questions relating to changing the offices of City Clerk and City Treasurer to appointive positions. Council clarified, that making either position appointive had never been under consideration. Mr. Eggert suggested establishing a study and evaluation committee of five members to study all departments of the City or hire a reliable firm to make such a study. b. Mr. Ara Avak, 731 West Pine Avenue, spoke regarding the variance which had been granted the Hacienda Hotel allowing temporary parking and occupancy of 100 rooms of the new addition. Stated it appeared the terms of the permit were not being carried out. Director of Building Safety, Dalgleish stated that the requirements had been met by the Hotel. City Manager Jones suggested this matter be held over for staff to investigate and respond to Mr. Avak. 8. REPORTS OF COMMITTEES a. National League of Cities. Councilman Nagel stated he attended a convention as a member of the Natural Resources Committee (formerly Environmental Quality Committee) at which a policy was drafted on noise. Stated he took a role in opposing the nuclear power plant moratorium, resulting in the subject being dropped from the planning review. Stated his primary purpose was to participate in the natural resources steering committee in adoption of policies for cities to follow in the next legislative year. -3- Council Minutes Dec. 4, 1979 9. CONSENT CALENDAR Councilman Bue asked that Item "h" be removed from the calendar for separate action and City Attorney Allen requested that Item "1" be deleted and action deferred until the next regular City Council meeting. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the balance of the items appearing on the Consent Calendar of this agenda be approved as recommended. Motion carried. a. Minutes of regular City Council meetings held November 6, 1979 and November 20, 1979. .... Approved as written b. Warrants Nos. 65098 through 65363 on Demand Register Summary Nos. 9 and 10 and Expense Checks Nos. 2447 through 2477 on Expense Check Register Nos. 8 and 9, in total amount of $1,344,480.82. .... Ratified and approved c. Claim of Ms. Sandra Deresch (Minor) for injuries sustained at the City Pool on September 1, 1979. .... Claim denied d. California Alcoholic Beverage Control Application for person -to- person transfer of On -Sale Beer and Wine License, Public Premises from Bud's Corral, 115 Richmond Street. ... Ordered received and filed e. Request that Martin. & Chapman Company be authorized to serve as the Election Supplier for the Municipal Election to be held April 8, 1980. .... Request approved f. Recommendations regarding conducting Municipal Election of April 8, 1980. .... Approved g. Bids for six Pressure Demand Breathing Apparatus for Fire Department .... Low bids of Wardlow Fire Equipment and Dickson Safety Products Company rejected for not meeting specifications; Bid of Halprin Supply Company accepted as most responsible low bid for $3,288.12 including tax. i. Resolution authorizing destruction of records in office of the City Clerk, entitled: RESOLUTION NO. 2951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN THE OFFICE OF THE CITY CLERK .... Adopted as written -4- Council Minutes Dec. 4, 1979 v• J. Resolution authorizing destruction of records in Police Department entitled: RESOLUTION NO. 2952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN THE POLICE DEPARTMENT .... Adopted as written k. Resolution authorizing destruction of records in City Library, enti- tled: RESOLUTION NO. 2953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN THE PUBLIC LIBRARY . Adopted as written 10. CALL ITEMS FROM CONSENT CALENDAR h. Agreement with Hughes Aircraft Company regarding retaining outside engineering services for plan checking Councilman Bue announced that due to possible conflict of interest he would not participate in the action or discussion of this item. Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the City of E1 Segundo and Hughes Aircraft Company for Processing Plans, 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 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 said City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Benson, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None Not Voting: Councilman Bue i. Street Superintendent's report on cost of abatement of weeds, rub- bish, refuse and dirt from certain parcels in accordance with Resolution of Intention No. 2949 City Attorney Allen requested this matter be continued until the next regular City Council meeting. Council concurred. -5- Council Minutes Dec. 4, 1979 11. WRITTEN COMMUNICATIONS tj: :fir a. Planning Commission announcement of study session on December 6, 1979 . to discuss condominium regulations The Mayor ordered subject correspondence received and filed. b. Assemblywoman Marian Bergeson, 74th District, request for support of legislation which would return the jurisdiction in matters of affordable housing to the local agencies City Manager Jones explained the proposed legislation would take the duty away from the Coastal Commission and place the responsibility on local governments; that the League of California Cities is in agreement with this concept. Recommended deletion of Section 30213 from the 1976 Coastal Act rather than amending it. After discussion, motion was made by Councilman Benson, seconded by Mayor Balmer that subject correspondence be filed. Motion carried by the following vote: Ayes: Councilmen Benson, Nagel and Mayor Balmer Noes: Councilmen Bue and Van Branken Absent: Councilmen None 12. REPORTS OF OFFICERS a. City Manager Jones 1. Extension of lease of City property to TRW, Inc., for use as parking lot Advised that TRW had requested a 5 -year extension to its lease, which expires December 15, 1979, for use of a portion of Lot 22 in the Utah Tract. Recommended approval for the extension under new terms to increase the rental rate and amend insurance liability requirements. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the City Manager's recommendations be accepted and the following resolution adopted: RESOLVED, that that certain form of Amendment to Lease between the City of E1 Segundo and TRW, Inc., for rental of City -owned property at 630 Douglas Street, 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 Amendment to Lease 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 autho- rized to execute said Amendment to Lease for and on behalf of said City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None -6- Council Minutes Dec. 4, 1979 2) Change in duties of the City Treasurer's office Stated he believed the duties of the City Treasurer could be performed on less than a full -time basis, provided certain nonstatutory duties, presently being performed, are reassigned to other staff members. Recom- mended approval of transferring the dog licensing responsibilities to the Director of Finance; increase the three - quarter time of one account clerk's position to full time; and establish the salary for the position of City Treasurer at $150 per month for performance of the statutory duties only. After discussion, motion was made by Councilman Nagel, seconded by Councilman Benson, that the non - statutory duties performed by the City Treasurer be deleted from that office and that the City Treasurer be paid $300 per month for performance of statutory duties required of. the office, and that the following resolution, entitled: RESOLUTION NO. 2954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE SALARY AND DESCRIBING THE DUTIES OF THE CITY TREASURER, AND ABOLISHING THE POSITION OF ASSISTANT DIRECTOR OF FINANCE EFFECTIVE APRIL 15, 1980 which was read, be adopted. 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 City Attorney Allen presented the ordinance changing the responsibili- ties for dog licensing duties, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO CALIFORNIA, AMENDING SECTIONS 8.08.070 AND 8.12.050 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH SECTIONS RELATE TO DOG LICENSING PROCEDURES which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, said ordinance was introduced by Councilman Nagel. b. City Attorney Allen 1) Amendment to Conflict of Interest Codes of various departments Advised that the Codes for some of the departments had been revised to correctly reflect changes and deletions made in.job titles throughout the year. Recommended that the Council schedule the first meeting in January to hear these Conflict of Interest Code amendments and approve the Notice of the Public Hearing. Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that the City Attorney's recommendations be accepted. Motion carried. -7- Council Minutes Dec. 4, 1979 c. Director of Public Works Glickman 1) Filling and compacting soil at Holly Parkette (Holly Avenue at Kansas Street) Advised that International Rectifier had offered to furnish fill dirt to the City at no cost for filling Holly Parkette, but it was necessary for the City to first clear the site and compact the soil to code standards. Stated the contractor had submitted a revised proposal of $10,842 for all this work, which was still a savings to the City because of the donation of the dirt. Stated that International Rectifier had asked to use the site for storing additional excess soil on the site for about four months while its construction was in progress and agreed to pay the City $1,342 as its share in the project. Recommended that normal bidding procedures be waived and staff authorized to issue a purchase order to Calex Engineering in total amount of $10,842 for this work, and that Interna- tional Rectifier be invoiced for $1,342 as its share in the project. Motion was made by Councilman. Nagel, seconded by Councilman Bue, that the Director of Public Works' recommendation be approved, providing adequate steps are taken to prevent the soil from blowing around. Motion carried by the following vote: Ayes: Councilman Benson, Bue, Nagel Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 2) Request for allocation from Unappropriated Water Account for replacement parts Presented a request to purchase a 24 -inch butterfly valve and two 24 -inch couplings at a cost of $5,000 and that said amount be authorized from the Unappropriated Water Reserve Account. Stated the parts were necessary to replace the valve on the West Coast 28 feeder connection on E1 Segundo Boulevard adjacent to Fire Station No. 2. Motion was made by Councilman Nagel, seconded by Councilman Bue, that authorization be granted to purchase one 24 -inch valve and two couplings and that $5,000 be appropriated from the Unappropriated Water Reserve Account. Motion carried by the following vote: Ayes: .Councilmen Bue, Benson, Nagel, Van. Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 3) Street Easement Deed for corner radius cut -offs at SE corner Grand A -Anue and Oregon Street and SW corner of Grand Avenue and California Street Presented for the Council's consideration a Street Easement Deed from Mr. Alexander Lidow to the City in connection with the development on the south side of Grand Avenue between Oregon and California Streets. Recommended acceptance of the deed. Motion was made by Councilman Bue, seconded by Councilman Nagel, that the following resolution be adopted: RESOLVED, that that Easement Deed dated August 29, 1979, Lidow to the City of E1 Segundo, fo 10 certain Street from Alexander r the following Council Minutes Dec. 4, 1979 x .;0721 - described real property in the City of E1 Segundo, County of Los Angeles, State of California, to wit: PARCEL A: That portion of Lot 126 in Block 123, E1 Segundo Sheet 8, as recorded in Book 22, Pages 106 and 107 of Maps in the Office of the County Recorder of Los Angeles County, State of California, described as follows: BEGINNING at a point in the northerly line of said Lot 126 and distant easterly 25.00 feet from the Northwest corner of said Lot 126; THENCE from said point of beginning, North 89 °53'52" East a distance of 9.00 feet along the said northerly line of Lot 126 to a point; THENCE southwesterly along a curve tangent to the said northerly line of Lot 126, said curve being concave southeasterly and having a radius of 9.00 feet, through a central angle of 90 °00'26 ", an arc distance of 14.14 feet more or less to a point of tangency with a line parallel to and 25.00 feet easterly of the westerly line of said Lot 126; THENCE North 0 °06'34" West a distance of 9.00 feet along said parallel line to the point of beginning. (Southeast Corner of Oregon Street and Grand Avenue) PARCEL B That portion of Lot 155 in Block 123, E1 Segundo Sheet 8, as recorded in Book 22, Pages 106 and 107 of Maps in the Office of the County Recorder of Los Angeles County, State of California, described as follows: BEGINNING at a point in the easterly line of said Lot 155 and distant southerly 30.00 feet from the North- east corner of said Lot 155; THENCE South 89 °53'52" West a distance of 25.00 feet to a point, this point being the true point of beginning of this descrip- tion; THENCE from said true point of beginning South 0 °06'34" East a distance of 9.00 feet along a line parallel to and 25.00 feet westerly of the easterly line of said Lot 155 to a point; THENCE northwesterly along a curve tangent to the last course, said curve being concave southwesterly and having a radius of 9.00 feet through a central angle of 89 °59'34", an arc distance of 14.14 feet more or less to a point of tangency with a line parallel to and 30.00 feet southerly of the northerly line of said Lot 155; THENCE North 89 °53'52" East a distance of 9.00 feet along said parallel line to the true point of begin- ning. (Southwest Corner of California Street and Grand Avenue) be and the same is hereby accepted for and on behalf of the City of E1 Segundo; and BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby authorized and directed to cause said instrument to be filed for record in the office of the County Recorder of Los Angeles County, California. -9- Council Minutes Dec. 4, 1979 I� X 5 073 Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 4) Encroachment permit to International Rectifier for parking on Holly Street (unimproved area) Presented a request from subject company for permission to use the unimproved portion of Holly Street easterly of Washington Street for parking during the remodeling of its plant. Recommended the Council approve in concept the granting of said permit and authorized the staff to negotiate the terms and conditions under which the permit would be issued. Motion was made by Councilman Benson, seconded by Councilman Van Vranken, that staff be authorized to negotiate with International Rectifier regarding the use of the unimproved portion of Holly Street east of Washington Street for parking, and that this matter be presented to the Council at a later date for approval. Motion carried. 13• UNFINISHED BUSINESS a. Adoption of ordinance relating to parking vehicles for sale on city - owned or operated parking lots, entitled: ORDINANCE NO. 981 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTION 10.29.065 TO THE EL SEGUNDO MUNICIPAL CODE WHICH SAID SECTION RELATES TO PARKING VEHICLES FOR SALE ON CITY -OWNED OR OPERATED PARKING LOTS. which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Bue, seconded by Councilman Nagel, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel Van Vranken and Mayor Balmer Noes: Councilman None Absent: Councilmen None 14. NEW BUSINESS a. National League of CitiErs. Councilman Nagel advised that he had received expenses for a 3 -day conference, which lasted five days, his actual expenses having been $680.00. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the additional expenses incurred by Councilman Nagel, be approved for payment. -10- Council Minutes Dec. 4, 1979 X i J .. t ?ocion carried by the folloHin3 rote: Ayes: Councilman Bue, Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None Abstaining: Councilman Nagel 15. ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned in memory of Mr. Jack Heath, who passed away on December 2, 1979; the hour of adjournment of this meeting being 10:00 o'clock p.m. Respectfully submitted, APPROVED: E. L. Balmer, Mayor Valerie A. Burrowes, City Clerk Council Minute Dec. 4, 1979