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1980 APR 01 CC MIN�14:0)0 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL APRIL 1, 1980 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 Councilman Richard Van Vranken 3. INVOCATION by Father Richard Duval of St. Michael's Episcopal Church Mayor Balmer spoke of the passing of Councilman Dexter Benson on Friday, March 28th and that he would be sorely missed. 4. ROLL CALL Present: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Absent: Councilmen None 5. SPECIAL ORDER OF BUSINESS a. Hearing on Precise Plan No. 2 -80 for 42 -unit condominium at 928 -954 Main Street and 937 -945 Pepper Street by Anastasi Construction Co. -and- Hearing on Zone Change No. 1 -80 changing C -2 (General Commercial) to R -3 (Multiple Residential) The Mayor announced that this was the time and place heretofore fixed for subject hearing and inquired if proper notice of the hearing had been given. The City Clerk advised that affidavits of publishing and mailing the notices were in her file. The Mayor inquired if any writ- ten communications had been received, to which the City Clerk replied that none had been received. Associate Planner Cosin reported that two of the lots in this develop- ment had split zoning, the south 25 feet of Lots 5 and 6 in Block 104 being C -2 while the balance of the property was zoned R -3. Therefore, stated the developer had requested that the C -2 portions of the lots be rezoned to R -3. Presented plans for the codominiums to the Council and described the units. Recommended certification of the Negative Declaration and approval of the Precise Plan and Zone Change. The Council discussed the Plan and the Mayor questioned the height of the parking deck above Main Street grade level. The Mayor then inquired if the developer was present to speak regarding the Plan. Mr. Steve Caplan, representing the developer, stated the developer would work with the staff to work out any problems. After further discussion, motion was made by Councilman Van Vranken, seconded by Councilman Bue, that this hearing be continued until May 6, 1980. Motion carried. b. Hearing on Precise Plan No. 3 -80 for 8 -unit townhouse at 430 Sierra Street by Mr. John Chu The Mayor announced that this was the time and place heretofore fixed for subject hearing and inquired if proper notice of the hearing had been given. The City Clerk advised that affidavits of publishing and mailing the notices were in her file. The Mayor then inquired if any written communications had been received, to which the City Clerk re- plied that none had been received. a D I -43 Associate Planner Cosin reported that this Plan included four different floor plans for the eight units, that it was one of the lowest density plans proposed. Recommended certification of the Negative Declaration and approval of the Precise Plan. The Mayor inquired if anyone wished to speak either in favor or in oppo- sition to this Plan. Hearing no answer, motion was made and carried that the hearing be closed. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the Negative Declaration for Precise Plan No. 3 -80 be certified. Motion carried. Thereafter, motion was made by Councilman Bue, seconded by Councilman Nagel, that the following resolution, entitled: RESOLUTION NO. 2988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS PRECISE PLAN NO. 3 -80 FOR PROPERTY LOCATED AT 430 SIERRA STREET WITHIN SAID CITY which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 6. ORAL COMMUNICATIONS a. Mr. Steve Stacy, 719 Center Street, stated that the tree trimming crew massacred his magnolia tree in front of his house, that he had paid a portion of the cost of the tree ten years ago and had maintained it since that time. Asked the Council what was going to be done about it. City Manager Jones reported that the tree is in a public right of way and the City does not have a legal obligation to replace it; that the tree will grow back, possibly in six months time. Stated the tree - trimming contractor had offered to replace the tree with one in a 36 inch container, but Mr. Stacy had indicated he would not accept a tree of that size. Recommended that if Mr. Stacy did not wish to accept the offer of the contractor, then the original tree remain. After discussion between the Council, staff and Mr. Stacy, the Mayor suggested that if Mr. Stacy finds a tree acceptable to him within reason that he confer with Recreation and Parks Director Jack Ruis and the tree - trimming contracor, and the matter then be brought before the Council for settlement. 7. REPORTS OF COMMITTEES a. South Bay Cities Association. Councilman Bue reported that he and Councilman Van Vranken had attended the last meeting, that the speaker for the next meeting, to be held on the 4th Thursday of April, will be Mr. Jarvis; that anyone interested in attending should get his reserva- tion in early. 8. CONSENT CALENDAR Requests were made to discuss Items 'd' and 'f' separately by Mr. Smith and Mr. Polichetto respectively. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the balance of the items on the Consent Calendar, excepting 'd' and 'f' be approved. Motion carried. -2 Council Miniit(•, April 1, 1 98O t4.4 a. Minutes of regular City Council meeting held March 4, 1980 ... Approved as written b. Warrants Nos. 66442 through 66675 on Demand Register Summary No. 18 in total amount of $529,922.59 ... Ratified and approved C. Summons and Complaint of Havilland G. Ritchie and Ruth E. Ritchie vs. Citv of E1 Segundo et al for injuries ... Action of City Clerk in forwarding to City Attorney for handling approved, ratified and confirmed e. Bid for rebuilding air conditioning unit at Recreation Clubhouse ... Sole bid of L.E.C. Service accepted in total amount of $10,412.00 and unused funds in amount of $1,412.00 be allocated from the Sepulveda Boulevard Median Island Maintenance Account for this project. g. Bids for annual requirements of oil and lubricants ... Low bids for each item accepted; Paint Thinner at $1.37 per gallon from A. G. Layne, Inc. (Shell) and balance of items from Mobil Oil Corporation 9. CALL ITEMS FROM CONSENT CALENDAR d. Claim of C. E. Smith and R. S. Sabosky for weed abatement assess- ments Fire Chief Baron reported that the property at 416 Hillcrest Street had been inspected by the Fire Prevention Bureau and notification given to the owners on record that the lot should be cleared of all weeds, rubbish refuse and dirt. Advised that the property had been again inspected after notification from the owner that he had cleaned the property, and it was found to be in a state of non - compliance. Further, that another inspection revealed the property still in non - compliance. Advised that after the public hearing, held on October 3, 1980, the City Forces cleared the lot in question. Director of Public Works Glickman explained the procedures followed in abating the weeds and rubbish, that the costs involved, including dumping costs, equipment usage, personnel salaries and overhead, amounted to $302.97. Mr. Charles Smith, 1435 East Maple Avenue, disputed the charges; that the property had been cleared after the first notice was received and he and his family had been informed by the Fire Prevention Bureau that the work was ninety percent satisfactory. Stated that more work was then done, which he believed rendered the property acceptable. Mrs. Sandy Sabosky, daughter of Mr. Smith, stated they had been told the lot was O.K., that had they had further notification, they would have followed up with more clearing of the property. Stated it seemed to be a matter of misunderstanding. Mr. Smith stated there seemed to be a breakdown in communications between residents and inspectors and indicated a different procedure should be followed. After further discussion, it was agreed that the Smiths and Saboskys confer in the Mayor's office and decide whether they will accept the City's offer to assume $202.97 of the bill. f. Bids for furnishing custodial services for Teen Center, Joslyn Center. and Recreation Clubhouse -3- Council Minute, April 1, 1980 5.1 115 10. which bids were as follows: Name Monthly Rate Franks Maintenance $1,080.00 Executive Suite Service $1,185.00 Ace Maintenance $1,300.00 Porsha Alexander of America, Inc. $1,662.00 Contract Cleaning Service $2,384.90 Recommended acceptance of the third low bid because of unsatisfactory workmanship and unsatisfactory recommendations from users of said services. Mr. Clyde Polichetto, 18407 Wilton Place, Torrance, California, repre- senting Frank's Maintenance, the company presently under contract for subject maintnence, asked why a higher bid was being recommended for acceptance. Director of Recreation and Parks Ruis, responded that during the past year, the workmanship had dropped considerably; many calls and numerous complaints about the personnel and poor service. Stated that the main- tenance had been below acceptable level. Mrs. Gladys Mildovics, stated the company had encountered numerous problems in the past year, which were being worked out. Asked for reconsideration and that acceptance of bids be delayed until the present contract term end on June 30, 1980. After further discussion, motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the low bids of Franks Maintenance and Executive Suite Service be rejected as not meeting qualifications and reports of unsatisfactory service; that a 30 -day cancellation notice be issued to Franks Maintenance; that the bid of Ace Maintenance Company in amount of $1,300 per month be accepted as the lowest responsible bid for custodial services for subject buildings, and that a purchase order be issued for said services for a period of three years, commencing at the termination of the previous maintenance service. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None WRITTEN COMMUNICATIONS a. California Department of Transportation request for citizen to be named to serve as aesthetic advisor during planning and design of the I -105 Freeway Council asked that the City Manager contact Mr. Charles Woodward in regard to serving on this committee. b. Request of Southern California Association of Governments (SCAG) and Los Angeles County Board of Supervisors to approve resolution _implementing reasonably available measures for air quality management City Manager Jones recommended adoption of the resolution so that local control would be maintained. Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that the following resolution, entitled: RESOLUTION NO. 2989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, INDICATING ITS INTENT TO IMPLEMENT PRIOR TO DECEMBER 31, 1982, HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE SOUTH COAST AIR QUALITY MANAGEMENT PLAN which was read, be adopted. -4- Council Minutes April 1, 1980 11. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None C. Buckingham Investments, Inc., request for extension of Precise Plan No. 11 -78 for 15 -unit condominium at 815 -821 Main Street Motion was made by Councilman Nagel, seconded by Councilman Bue, that subject request be approved, and the commencement date for Precise Plan No. 11 -78 be extended to April 3, 1981. Motion carried. At this time, the Smiths and Saboskys reentered the Council Chamber. Mr. Richard Sabosky announced they would accept the offer of the City to absorb $202.97 of the cost for abating the weeds at 416 Hillcrest Street, and they would pay the balance of $100. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that upon receipt from Messrs. Sabosky and Smith of a waiver for any further claim and general release of the City and evidence that the full sum of $302.97 had been paid to the Los Angeles County Tax Collector, the City Treasurer be directed to issue a warrant in the amount of $202.97 payable to Messrs. Smith and Sabosky. Motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None REPORTS OF OFFICERS a. City Manager Jones Mayor Balmer announced that due to possible conflict of interest he would not participate in the action or discussion of Items 1 and 2 and, therefore, turned this portion of the meeting over to Mayor pro tem Van Vranken. 1) Request for a one -year extension of permit for office trailer on Refinery grounds, Permit No. 349002, expired March 20, 1980 2) Request for one -year extension of permit for office trailer on Refinery grounds, Permit No. 349014, expired March 26, 1980 Motion was made by Councilman Nagel, seconded by Councilman Bue, that subject requests No. 1 and 2 be approved and permits extended to March 20, 1981 and March 26, 1981 respectively. Motion carried, Mayor Balmer not voting. Councilman Bue announced that due to possible conflict of interest, he would not participate in the action or discussion of Items 3 and 4 3) Request for second one -year extension of permit for trailer complex (20 units) Permit No. 337115, expired January 1. 1980 4) Request for second one -year extension of permit for trailer complex (30 units) Permit No. 344249, expired February 20, 1980 Advised that building permits are on file to replace subject trailers within one year. Recommended approval. Motion was made by Councilman Van Vranken, seconded by Mayor Balmer, that subject requests No. 3 and 4 be approved and permits extended to January 1, 1981 and February 20, 1981 respectively. Motion carried, Councilman Bue not voting. 5) Agreement with Prudential Insurance Company to release Covenant to hold 888 and 898 Sepulveda Boulevard as one parcel Advised that in 1965 subject covenant had been approved by the City Council and on February 5, 1980 the Council approved a superseding document stating that the parking garage located in Parcel No. 1 of subject sub- -5- y 14.s Council Minutes April 1, 1980 A ••� �1r� division would rema4_n available for ings on both Parcels No. 1 and No. and Agreement with the Prudential I approval. required parking for existing build- . Presented a Release of Covenant surance Company and recommended Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that that certain form of Release of Covenant and Agreement between the Prudential Insurance Company of America and the City of E1 Segundo, 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 Release 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 Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 6) Report on proposal to convert Rater System Pressure Reducing Station for electricity production Advised that the California Energy Commission had given preliminary approval to partially fund a feasibility study for production of electrical energy at El Segundo's Water Pressure Reducing Station on E1 Segundo Boulevard, which electricity would be sold to the Southern California Edison Company. Stated that some problems needed to be worked out, but it appeared the City would qualify for one -half the cost of the feasibility study. Councilman Nagel stated he would rather have some major agency do the feasibility study and fund a pilot project before cities the size of El Segundo became involved. Mayor Balmer advised that the Metropolitan Water District is already installing these plants, but the Energy Commission is interested in smaller hydraulic projects. City Manager Jones advised that each project is individual and asked for Council's opinion on whether to pursue the project any further. After discussion, three Councilmen indicated favoring further study, one dissenting. b. Director of Public Works Glickman 1) Change Order No. 2 to Flo Systems, Inc. modification to Sewer Plant No. 13. Proiect No. 77 -8a 2) Change Order No. 2 to Waukesha Engine Servicenter, Inc. modifications to Sewer Plant No. 13. Proiect No. 77 -8b Presented the subject change orders relating to modifications of the engine controls of Sewer Plant No. 13 at Sepulveda Boulevard and Grand Avenue. Recommended approval. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the following resolution be approved: M Council Minutes April 1, 1980 5 .l. RESOLVED, that Change Order No. 2 to the contract with Flo- Systems, Inc. for modification to engine controls of Sewer Plant No. 13 in total amount of $300 be and the same is hereby approved; and RESOLVED, that Change Order No. 2 to the contract with Waukesha Engine Servicenter, Inc., for modification to engine controls of Sewer Plant No. 13, at no cost, be and the same is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized to sign said Change Orders on behalf of the City and the City Clerk to attest the same. Motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 12. UNFINISHED BUSINESS a. Ordinance repealing Chapter 16.44 and Ordinance No. 977 relating to public improvement responsibilities City Attorney Allen presented subject ordinance, entitled: ORDINANCE NO. 987 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REPEALING CHAPTER 16.44 OF THE EL SEGUNDO MUNICIPAL CODE WHICH CHAPTER RELATES TO STREETS, WATER LINES, SANITARY SEWERS AND STORM DRAINAGE IMPROVEMENTS which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 13. NEW BUSINESS a. Procedures regarding filling Council vacancies City Manager Jones presented a report on the choices for filling vacancies on the council under California Government Code Sections 36512, 36512.1, 36512.2 and 1752. After discussion, the Council agreed that the new council, which would be seated at the next regular City Council meeting, be given the privilege of selecting an interim replacement for Mr. Benson. City Attorney Allen presented an ordinance establishing the procedure for filling a council vacancy until a special election could be called, in accordance with Government Code Section 36512.2, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA RELATING TO APPOINTMENTS TO FILL VACANCIES ON THE CITY COUNCIL AND DECLARING THIS ORDINANCE TO BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION -7- Council Minutes April 1, 1980 51A A which ordinance was read in its entirety. Thereafter, the ordinance was introduced by Councilman Nagel. 14. ORAL COMMUNICATIONS None 15. ADJOURNMENT No further business appearing to come before the Council at this session, motion was made by Mayor Balmer, seconded by Councilman Nagel, and unanimously carried, that the meeting adjourn in memory of Dexter K. Benson, fellow councilman who passed away on March 28 and Mr. Frank Kvarda, long -time resident of E1 Segundo who passed away on March 17, 1980; the hour of adjournment of this meeting being 9:30 o'clock p.m. APPROVED: E. L. Balmer, Mayor Respectfully submitted, i Valerie A. Burrowes, City Clerk -8 Council Minutes April 1, 1980