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1980 JUL 15 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL July 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 was led by Fire Chief Thomas Baron 3. INVOCATION was delivered by Pastor Edward Hunter of the United Methodist Church 4. ROLL CALL: Present: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Absent: Councilmen None 5. SPECIAL ORDER;OF BUSINESS a. Hearing on abatement of weeds, rubbish, refuse and dirt at various locations in accordance with Resolution of Intention No. 3009 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, to which the City Clerk replied that affidavits of posting and mailing the notice were in her file. The Mayor directed that the files become a part of this hearing, and then inquired if any written communications had been received, to which the City Clerk replied that she had received none. Director of Public Works Glickman reported that it was proposed to change the procedures from past years for a more efficient operation. Recommended that when properties have been satisfactorily cleaned by the owners, that the listing remain and after all procedures have been completed, these parcels show a zero assessment in the Street Superin- tendent's Report. Councilman Balmer stated that if the owner had the property cleaned, then he thought it should be removed from the listed. Councilman Bue stated that if a parcel is improperly listed, that also should be re- moved from the listing. After further discussion, motion was made by Councilman Balmer, seconded by Councilman Bue, that the recommendation of the Public Works Director not be accepted. Motion carried. The Mayor inquired if anyone present wished to speak regarding this matter. Hearing no response, motion was made and carried that the hearing be closed. Thereafter, motion was made by Councilman Siadek, seconded by Councilman Johnson, that the Council overrule all objections and authorize the Street Superintendent to abate the nuisances by having the weeds, rubbish, refuse and dirt removed from the properties listed in Appendix 'A' of said Resolution No. 3009. Motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None b. Proposed amendments to water rates Councilman Balmer announced that due to possible conflict of interest, he would not participate in the discussion or action in this matter. Director of Public Works Glickman reported that a notice had been published in the local newspaper and notices had been sent to the fifteen large users of water in the City that the matter of water rate adjustments would be discussed at this meeting. Advised that it is proposed to change to a unitary rate for all consumers. Stated that no change would take place in the cost of water to the single family resident, multiple family resident or small industrial users; that increases would be incurred by the large industrial consumers. Recommended adoption of a resolution establishing the unitary rate for water usage. Mr. Al. Pitzer, 516 East Walnut Avenue, representing Chevron, USA, Inc., stated that the recommended unitary rate would result in substantially greater costs to the company with no increase in service, and he did not think the change was justified. Asked that consideration be given to the benefits derived by the City as the result of Chevron's water usage, and to continue the present rate structure. The Mayor inquired if anyone else wished to speak on this subject. There was no response. After discussion between staff and the Council, motion was made by Councilman Bue, seconded by Councilman Johnson, that a unitary water rate be established and the following resolution, entitled: RESOLUTION NO. 3011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTAB- LISHING RATES AND CHARGES FOR WATER SERVICE IN SAID CITY AND RESCINDING RESOLUTION NO. 2922 which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Noes: Absent: Not Voting: ORAL COMMUNICATIONS Councilmen Bue, Johnson and Mayor Van Vranken Councilman Siadek Councilmen None Councilman Balmer a. Mr. John Ellings, 807 Center Street, stated he wrote a letter to City Attorney Allen regarding a wall in a public right of way adjacent to his property and he did not agree with Mr. Allen's answer that the wall did not constitute a public nuisance, so therefore, the City was not responsible. Mr. Ellings handed the Council copies of the City Code section on Nuisances, stating it refers to public or private nuisances. Mr. Allen stated this is a wall dividing two lots and is a private matter between two property owners; that the City has not determined that the wall is dangerous. Director of Building Safety Dalgleish stated that the wall does not constitute an imminent hazard, and therefore, is not considered a public nuisance. After further discussion, Council referred the matter to the Building Safety Department and the Public Works Department to work with Mr. Ellings in resolving this matter. 7. REPORTS OF COMMITTEES . a. Juvenile Diversion Project. Councilman Siadek reported that funding had been reduced which will affect the program. Stated he would like to meet with Councilman Bue and Director of Recreation and Parks Ruis regarding the advantages of joining the South Bay Group. -2- r • . l Council Minutes July 15, 1980 b. Noise Abatement Committee. Councilman Siadek read portions of letter written to the Board of Airport Commissioners recommending that specific actions be taken to reduce the noise emanating from the Airport proper and the West Imperial Terminal. 8. CONSENT CALENDAR Motion was made by Councilman Balmer, seconded by Councilman Bue, that all the items on the Consent Calendar be approved as recommended. Motion carried. a. Minutes of the regular City Council meetings held July 1, 1980 ... Approved as written b. Warrants Nos. 67707 through 67783 on Demand Register Summary No. 1 and Expense Checks Nos. 2824 through 2848 on Expense Check Register No. 1. in total amount of $588,457.88 ... Ratified and approved C. Bids for reroofing Fire Station No. 2 ... All bids rejected d. Claim of Mr. Richard Dorsey for damages ... Claim denied e. State Department of Alcoholic Beverage Control application for Off -Sale Beer and Wine License, Southland Corporation (7 -11 stores) 200 East Imperial Avenue ... Application filed f. State Department of Alcoholic Beverage Control application for Person -to- Person Transfer of On -Sale Beer License at Eating Place California Golf Tennis 366 Sepulveda Boulevard ..• Application filed g. Request for $15,000 from Unemployment Insurance Fund for adminis- tration of self- insurance program and reimbursement for unemployment payments ... Appropriation approved 9. CALL ITEMS FROM CONSENT CALENDAR - None 10. WRITTEN COMMUNICATIONS - None 11. REPORTS OF OFFICERS a. City Manager Jones 1) Resolution amending Administrative Code to include Police Officers' Association Memorandum of Understanding provisions Recommended adoption of subject resolution. Motion was made by.Councilman Bue, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 1A5.010, 1A5.020, 1A5.030, 1A5.212 and 1A5.240 OF CHAPTER IA5 (POLICE SAFETY SERVICE SERIES) OF TITLE 1A OF THE EL SEGUNDO ADMINISTRATIVE CODE which was read, be adopted. -3- Council Minutes July 15, 1980 5222 On roll call, said motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 2) Purchase of data casting and video tape equipment for departmental use and local cable channel programming Stated that the Committee had proposed the purchase of additional equipment to improve and expand the uses of the present facilities. Recommended purchasing a new data - caster for visual display of com- munity notices, one camera, tripod, recorder, T.V. monitor, player, videotapes and approval to purchase 3/4" videotape equipment for the Police Department rather than the approved 1/2" equipment. Requested that $15,300 be allocated from the T.V. franchise fee trust fund and $2,000 be applied from the Police Department budget. Stated that if approved, bids would be solicited and presented to the Council for approval. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the City Manager's recommendation be approved and $17,300 be allocated from the appropriate funds to purchase television equipment for the Police Department and the local '0' channel. Motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 3) Establishment of Classification of Administrative Assistant, City Manager's Office Advised that a job analysis had been made into the duties of the administrative analyst presently employed by the City, and on the basis of the study, recommended the position be changed to a new classification at Range "F" in the Management - Confidential Series of the Administrative Code. Presented a resolution adding Adminis- trative Assistant /City Manager's Office to the Code. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the following resolution, entitled: RESOLUTION NO. 3013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 1A2, MANAGEMENT - CONFIDENTIAL SERIES, OF TITLE lA OF THE EL SEGUNDO ADMINISTRATIVE CODE which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 4) Report on Hearing Qf EIR for Hyperion Treatment Plant Sludge Management Program, held July 8, 1980 Advised that staff had prepared a report indicating that the draft EIR for subject program was inadequate for E1 Segundo as far as noise, odor and aesthetic impact on the City. Stated it would be advisable for a more thorough analysis of the stated problems which should be included from the beginning of the project rather than after the fact; that any feature necessary to abate the nuisances should be incorporated in the original construction. -4- Council Minutes July 15, 1980 5223 12 Invited comments for inclusion in a letter to be sent out this week stating E1 Segundo's concerns. The Mayor stated he did not think the EIR justified the project, that the project should decrease the hazards, and anything else would not be satisfactory to the City. Suggested the whole project be protested, but if it is inevitable, then every effort be made to make the environ- mental impact to E1 Segundo net out zero. Councilman Siadek suggested talking with the Pacific Legal Foundation about getting legal aid to represent E1 Segundo. The City Manager advised this route had been followed several years ago, and it may be a little late for this type action. City Attorney Allen stated he would check into the status of litigation in this matter. b. Director of Public Works Glickman 1) Professional Services for Center Street Improvement Project Advised that quotations had been solicited to perform certain necessary surveying of the subject project, as follows: Name Rigdon & Associates South Bay Engineering Corp. Robert Bein, William Frost & Associates Amount $2,240. $3,172. $ 2.00 x payroll (Not to exceed $8,000) Advised that there were sufficient funds for this service in the project budget. Recommended acceptance of the bid of Rigdon & Associates and approval to issue a purchase order, not to exceed $2,500. Motion was made by Councilman Balmer, seconded by Councilman Johnson, that the low bid of Rigdon & Associates for professional services for the Center Street Improvement Project be accepted and purchase order issue to said company in an amount not to exceed $2,500. Motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 2) Recovery of delayed construction costs, Grand Avenue Storm Drain Project Advised that subject project had been extended because of delays re- sulting from changes in permits to encroach upon Sepulveda Boulevard, and staff had submitted a claim to CALTRANS for the costs resulting from these delays in amount of $27,058. Advised that the claim had been upheld and the City would be receiving said amount shortly. UNFINISHED BUSINESS a. Permit to The Atchison, Topeka and Santa Fe Railway Company for spur track across Douglas Street The City Attorney presented subject ordinance, entitled: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A PERMIT TO MAINTAIN AND OPERATE A SPUR TRACK ACROSS DOUGLAS STREET 512.09 FEET SOUTH OF IMPERIAL HIGHWAY _5_ Council Minutes July 15, 198 13. 14. 15. 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 Siadek, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None City Attorney Allen requested permission to meet with the Council in Executive Session regarding a matter of litigation. NEW BUSINESS a. Councilman Johnson stated there were many houses in town that did not have house numbers either on the building or on the curb. Asked staff to investigate and report back if there is anything the City can do to make identification easier. ORAL COMMUNICATIONS a. Mrs. Madelyn Bennett,527 Richmond Street, challenged the EIR pre- pared on the Hyperion Sludge Management Program. Stated it did not address the visibility impact on the City as being significant, or con- sider that pollution would be greater because of increased traffic which will result from the planned Century Freeway and planned industrial construction. Also stated that the possibility exists that toxic cad- mium may have an affect on the atmosphere in the area. Asked that use of E1 Segundo Boulevard and Imperial Highway be prohibited in trucking out the ash. Further stated she did not believe it was too late to get involved in litigation against this project. RECESS At the hour of 9:25 o'clock p.m., the Council recessed to Executive Session in the office of the Mayor. At the hour of 9:35 o'clock p.m., the Council reconvened, all members being present and answering roll call. City Attorney Allen presented a letter received from the City Attorney of Kansas City, Missouri, Mr. Aaron A. Wilson, who is president of the National Institute of Municipal Law Officers ( NIMLO) referring to a decision of the U. S. Secretary of Labor applying the Federal Wage and Hour Laws to certain functions of local government. Advised that NIMLO advocated support by municipalities in litigation against such powers. Stated that E1 Segundo would not be immediately affected, but felt it advisable to participate at a cost of $2,500. Motion was made by Councilman Johnson, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the National Institute of Municipal Law Officers ( NIMLO) and the City of E1 Segundo, presented to the Council on this date, be and the same is here- by approved, and after execution, 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. ! M. Council Minutes July 15, 1980 On roll call, said motion carried by the following vote: Ayes: Councilmen Balmer, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 16. ADJOURNMENT Mayor Van Vranken asked that the meeting be adjourned in memory of two outstanding citizens, Mrs. Neva Elsey, who passed away on July 8 and Mr. Norman Barr, who passed away on July 7, 1980. Stated that Mrs. Elsey had worked for the City from 1920 to 1957, serv- ing as Deputy City Clerk until 1951 and City Clerk from 1951 until her retirement in 1957. The Mayor read a letter from the family thanking the City for its kindness at this time and throughout the years of Mrs. Elsey's confinement. Stated that Mr. Barr had been an energetic civic worker, retired from the Navy and Xerox Corporation, was active in Little League and Babe Ruth Baseball, served as president of the Chamber of Commerce, and was the present president of the E1 Segundo Kiwanis Club. The Mayor extended the Council's condolences to the families. There being no further business to come before the Council at this session, the Mayor declared the meeting adjourned in memory of Neva Elsey and Norman Barr, the hour of adjournment of this meeting beink 9:40 o'clock p.m. APPROVED 1 R. K. Van Vranken, Mayor Respectfully submitted, Le"�L • xa Valerie A. Burrowes, City Clerk Council Minutes July 15, 1980