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1980 JAN 15 CC MINx.fr� MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL January 15, 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 Director of Public Works William Glickman 3. INVOCATION - By Pastor Edward Hunter of the United Methodist Church 4. ROLL CALL: Present: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Absent: Councilmen None 5. SPECIAL ORDER OF BUSINESS a. Hearing on proposed Amendment No. 5 -79 to Title 20 (The Comprehen- sive Zoning Ordinance) of the Municipal Code to add a definition of Condominium The Mayor announced that this was the time and place heretofore fixed for the public hearing on an amendment to the Municipal Code and in- quired if proper notice of the hearing had been given. City Clerk Burrowes advised that an affidavit of publishing the notice was in her file. The Mayor directed the file 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. Associate Planner Cosin reported that the proposed amendment would add the definition of condominiums to the Code which would include stock cooperatives and community apartments for regulation by the condominium ordinance. Advised that a Negative Declaration had been prepared for this project. Recommended certification of the Negative Declaration and approval of the amendment. The Mayor inquired if anyone present wished to speak regarding this subject. Hearing no response, motion was made by Councilman Benson, seconded by Councilman Van Vranken, that the public hearing be closed. Motion carried. Thereafter, motion was made by Councilman Bue, seconded by Councilman Van Vranken, that the Negative Declaration for Amendment No. 5 -79 to the Municipal Code be certified. Motion carried. City Attorney Allen presented the ordinance, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (NE COMPREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY LIDDING SECTION 20.08.122 RELATING TO A DEFINITION OF CONDOMINIUM which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. City Attorney Allen stated there was some concern about the develop- ment of stock cooperatives which might be accomplished in the interim period between the time this ordinance is introduced and adopted, approximately 51 days. Suggested adoption of an urgency ordinance to preclude the development of stock cooperatives except if they are in compliance with the condominium requirements, which ordinance would be effective immediately upon adoption. Stated he would draft an urgency ordinance and present it before the end of this meeting. b. Theta Cable Television request for increase in rates Councilman Bue announced that due to possible conflict of interest, he would not participate in the discussion or action in this matter. City Manager Jones reported that Theta Cable had requested a trial period of two years for deregulation of the rates. City Attorney Allen stated there was no authority permitting the City to grant a trial deregulation and should the Council do so, it may be forever precluded from reinstating rate regulation. Mr. Don Canfield of Theta Cable stated the regulations for Cable T.V. had changed since the franchise was granted, that their reasons for the request was for planning purposes and it was reasonable to expect that the company receive fair return on their investment. Mr. Ed. Erdley, asked what advantage this would be to E1 Segundo. Mr. Canfield stated it may not benefit the City; its main purpose was so the company could receive a fair return on its investment. The City Manager suggested that if the Council wishes to deregulate, the City Attorney be instructed to prepare a resolution and present it at the next regular City Council meeting. Motion was made by Councilman Benson, seconded by Councilman Van Vranken, that the City Attorney be instructed to prepare a resolution providing for a trial deregulation of Cable T.V. rates. Motion carried - with Councilman Bue not voting. 6. ORAL COMMUNICATIONS a. Mr. Kenneth Sproul, 420 Main Street, complained of the newspaper vending machines located at his door in the parking lot. The City Manager advised that staff would check into the matter of location of the vending machines as well as the clean up of the park- ing lot. 7. REPORTS OF COMMITTEES a. South Bay Regional Public Communications Authority Councilman Van Vranken reported that the company that audited the oper- ations had submitted a preliminary draft of its findings and as soon as the final draft is completed, copies will be furnished to the Council. 8. CONSENT CALENDAR Mr. Ron Hart asked that item 'b' be discussed separately Thereafter, motion was made by Councilman Van Vranken, seconded by Councilman Benson, and unanimously carried, that the following items be approved as recommended on the agenda: a. Minutes of regular City Council meeting held December 18, 1979 ... Approved as written c. Report of Notice of Settlement of Sugar Anti -Trust Litigation ... Ordered received and filed -2- Council Minutes January 15, 1980 rra d. Resolution, entitled: RESOLUTION NO. 2962 A RESOLUTION OF THE CITY OF EL SEGUNDO, ING TO AND ORDERING OF ELECTIONS ... Adopted CALL ITEMS FROM CONSENT CALENDAR CITY COUNCIL OF THE CALIFORNIA, CONSENT - THE CONSOLIDATION b. Warrants Nos. 65706 through 65841 on Demand Register Summary No. 13 in total amount of $542,978.90 Mr. Ron Hart, 608 Hillcrest Street, stated he had checked the packet furnished the Library and found that subject item had not been in- cluded . Asked Councilman if it was not the policy to include this in their packets. Council responded that it was not the policy to include this Summary in the packets, but the information was available to them. Motion was made by Councilman Nagel, seconded by Councilman Bue, that subject Demand Register Summary in total amount of $542,978.90 be approved. Motion carried by the following vote: Ayes: Councilmen Bue, Nagel Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None 10. WRITTEN COMMUNICATIONS a. Southern California Edison Company, application to Public Utilities Commission for certificate to implement the terms of the franchise granted by the City of E1 Segundo There being no objections, the Mayor ordered the application received and filed. b. Richmond Bar & Grill, application for Alcoholic Beverage Control On -Sale General Eating Place License, 145 Richmond Street City Manager Jones stated the staff had been concerned about the number of licenses in the area; that numerous complaints had been received from other businesses in this block. Recommended the Council file a formal protest with the California Alcoholic Beverage Control on this license or any other application for license in the immediate area, as long as the number exceeds that allowed by the State law. Mr. Christopher Grant, representing the owner of subject business, stated they were stressing food rather than liquor, serving lunch and dinner, closing by 10 PM. Mr. Capello, applicant, responded to Councilman Nagel's question re- garding transfer of the license. Mr. Chuck Fer ^.ton, Fi merce, stated he was Committee, regarding st vice - president_ of E1 Segundo Chmber of Com- expressing concern on behalf of the Executive issuance of this-license. After discussion, motion was made by Councilman Benson, seconded by Councilman Nagel, that the application for an alcoholic beverage license from the Richmond Bar and Grill be protested. -3- Council Minutes January 15, 1980 Motion carried by the following vote: Ayes: Councilmen Benson, Nagel and Van Vranken Noes: Councilman Bue and Mayor Balmer Absent: Councilmen None 11. REPORTS OF OFFICERS a. City Manager Jones 1) Unemployment Insurance procedures Presented a summary of the City's experience with unemployment insurance for the past two years, which had been administered by the firm of Collister and Son. Stated the City has benefited from savings under this plan and, therefore, recommended that the individual re- imbursement method of financing unemployment insurance be continued and the aforesaid firm approved to continue as the City's consultant and administrator of the program for 1980. Motion was made,by Councilman Benson, seconded by Councilman Van Vranken, that the City Manager's recommendations be approved. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 2) Audit Reports of City's Financial Operations for 1978 -79 Presented the annual audit reports prepared by Cotton and Francisco for the fiscal year 1978 -79. Stated that the reports had been re- viewed by the Director of Finance, the City Treasurer and himself. Recommended approval and acceptance of the reports. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the Audit Report covering the 1911 Act Improvement Bond Fund and Audit Report of all other various funds and accounts of the City for the fiscal year ending June 30, 1979, be accepted and approved. Motion carried by the following vote: Ayes: Councilmen Benson, Bud, Nagel Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 3) Assembly Bill 1843 Stated he thought it would be appropriate for the Council to support AB1843 which will be coming.before a hearing of the Assembly Committee of Housing and Community Development. Stated the bill would declare as existing law that the guidelines prepared.by the Department of Housing and Community Development are only advisory to City and County governments. Further stated the legislation was not brought to com- mittee hearing last year and Assemblyman Knox is trying to bring it to hearing this year. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that AB1843 be supported and copies of the action sent to Senator Beverly and Assemblywoman Ryan. Motion carried. -4- Council Minutes January 15, 1980 4) Committee Appointment Advised that Downey Mayor Ken Miller had asked if the Council would name a representative to serve on a committee he is heading for the Independent Cities Association, to determine if independent city residents are taxed disproportionately to provide services to unin- corporated areas. Stated the committee would look into the distribu- tion of the $4.00 per $100 tax rate under the Jarvis Amendment and determine whether it is fair to independent cities, and if not, would seek changes either through legislation or through negotiations with the county. After discussion, the Mayor advised the matter would be taken under advisement and a decision made at a later date. b. City Attorney Allen Stated he had drafted an urgency ordinance for the Council's consideration. The City Clerk advised that the ordinance, previously presented adding the definition of condominium, had not been introduced. Thereafter, the City Attorney read said ordinance entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COM- PREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 20.08.122 RELATING TO A DEFINITION OF CONDOMINIUM which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was assigned No. 984 and intro- duced by Councilman Van Vranken. City Attorney Allen then presented the urgency ordinance, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROHIBITING THE CONVERSION OF APARTMENTS TO ANY FORM OF MULTIPLE OWNERSHIP THAT PERMITS OWNERS SPECIAL RIGHTS TO SPECIFIC PORTIONS OF THE PROPERTY which was read in its entirety. Said ordinance was then introduced by Councilman Bue. The City Attorney then presented the urgency ordinance for adoption, entitled: ORDINANCE No. 985 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROHIBITING THE CONVERSION OF APARTMENTS TO ANY FORM OF MULTIPLE OWNERSHIP THAT PERMITS OWNERS SPECIAL RIGHTS TO SPECIFIC PORTIONS OF THE PROPERTY 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 Van Vranken, that Ordinance No. 985 be adopted. -5- Council Minutes January 15, 1980 C J_ V 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 1) Resolution regarding distribution of State sales taxes Presented a resolution ordering that a measure relating to the distri- bution of a portion of the State sales tax be submitted to the voters at the General Municipal Election to be held April 8, 1980. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the following resolution, entitled: RESOLUTION NO. 2963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING SUBMITTED TO THE QUALIFIED VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY THE 8TH DAY OF APRIL, 1980, A CERTAIN MEASURE RELATING TO THE DISTRIBU- TION OF SALES TAX 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 2) Resolution regarding filing of written argument on City Measure The Council agreed that Councilmen Nagel, Van Vranken and Mayor Balmer would file a written argument in favor of Proposition 1 regarding distribution of state sales taxes. Motion was made by Councilman Nagel, seconded by Mayor Balmer, that the above names be inserted in said resolution, and thereafter the resolution, entitled: RESOLUTION NO. 2964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE 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 c. Director of Public Works Glickman 1) Solicitation of bids for lease of City's water rights Advised that bids had been solicited for the lease of the City's water rights resulting in no responses. Asked for permission to re- solicit again in May or June. Im Council Minutes January 15, 1980 Motion was made by Councilman Nagel, seconded by Councilman Bue, that the Director of Public Works' request be approved. Motion carried. 2) Change Order No. 2 to contract with W. J. Lewis Corporation Grand Avenue Storm Drain Project Mayor Balmer stated 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 Change Order provided for filling and compacting the Nevada Street Sump with excess material from subject storm drain project in total amount of $5,527.50. Recommended approval. Motion was made by Councilman Nagel, seconded by Councilman Bue, that Change Order No. 2 to contract with W. J. Lewis Corporation, under Specification No. 78 -1 be approved in total amount of $5,527.50 and the Mayor pro tem of the City of E1 Segundo be authorized to sign said Change Order on behalf of the City and the City Clerk to attest the same. 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 3) Modifications to Publication Vending Machine Ordinance Reported on the changes made in the ordinance, and after discussion with staff and the Council, recommended the ordinance be returned to staff for further research and changes, for submittal to the Council at a later date. City Attorney Allen suggested that this ordinance be introduced at this time, staff would look into the problems of machines placed in public parking lots, and how the changes might affect other portions of the Code. The City Attorney then presented said ordinance, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTIONS 12.20.030, 12.20.040, 12.20.070 AND 12.20.110 AND REPEALING SECTION 12.20.050 OF CHAPTER 12.20 RELATING TO PUBLICATION VENDING MACHINES which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, said ordinance was ifltroduced by Councilman Bue. 12. UNFINISHED BUSINESS None 13. NEW BUSINESS None X., •.' -7- Council Minutes January 15, 1980 14. ORAL COMMUNICATIONS None 15. ADJOURNMENT No other business appearing to come before the Council at this session, Mayor Balmer declared the meeting adjourned to Monday, January 21, 1980 at 5:30 o'clock p.m., in the City Council Chamber; the hour of adjourn- ment of this meeting being 8:45 o'clock p.m. Respectfully submitted, Valerie A. Burrowes, City Clerk APPROVED: E. L. Balmer, Mayor -8- Council Minutes January 15,1980