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1980 MAR 04 CC MIN)(5 1 Z2 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 4, 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 Police Chief James Johnson 3. INVOCATION by Dr. Howard Greer, pastor of the Pacific Baptist Church 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 Precise Plan No. 4 -79 for 13 -unit condominium development at 352 and 358 Virginia Street by Oak Condominium Partnership 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 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 rune had been received. A-;sociate Planner Cosin reported on the background of this R -3 develop - r;ient and displayed the plans for Council's review. Stated the developers had revised their original plans in accordance with Planning Commission recommendations, reducing the size from 15 to 13 units, lowering the height and changing vehicle access to the rear alley rather than Virginia Street. Recommended certification of the Negative Declaration and approval of the Precise Plan with the conditions listed in Planning Iesolution No. 1005. the Mayor inquired if anyone present wished to speak regardi:ig this Plan. Mr. Gary Boone, designer of the project, described the first designs and reviewed the changes made through the Planning process. Hearing no further response, motion was made and carried th:,t the public }searing be closed. Thereafter, motion was made by Councilman Nagel, seconded by Councilman Benson, that the following resolution, entitled: RESOLUTION NO. 2975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CER- TAIN CONDITIONS PRECISE PLAN NO. 4 -79 FOR PROPERTY LOCATED AT 352 AND 358 VIRGINIA STREET WITHIN SAID CITY which was read, be adopted. - Councilman Van Vranken inquired about the clause in the Covenants, Con- ditions and Restrictions (CC & R's) which prohibit the restriction of sale of the units because of age, which would apply to the original owners, but would not necessarily apply at some future date if all the owners agreed to a change. Asked if staff would investigate the feasi- bility of requiring Conditional Use Permits annually to sustain the original clause. X 5 123 On roll call, the aforementioned resolution No. 2975 was adopted by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None Mayor Balmer inquired if someone could be hired on a part -time basis to assist in the Planning Department. City Manager Jones advised that there were consulting firms that did that kind of work. The Mayor asked that this be pursued. 6. ORAL COMMUNICATIONS A. Mr. Warren Lamb, Aerospace Corporation, stated that on behalf of the E1 Segundo Chamber of Commerce he wished to extend an invitation to attend the Chamber of Commerce Mixer, March 19, 1980 at Computext Corporation on Sepulveda Boulevard. 7. REPORTS OF COMMITTEES a. South Bay Regional Public Communications Authority Councilman Van Vranken reported that several recommendations to improve the functioning of the organization had resulted from the recent survey. Stated that the Board had unanimously agreed that the addition of one maintenance technician and salary increases for all operators and employ- ees other than the director could not be delayed until the next fiscal year. Advised that this action would necessitate additional allocation from each of the participating cities, El Segundo's share being $4,148. After further discussion, motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that $4,148 be appropriated from the General Fund Reserves and applied to the appropriate account for the additional expenses in 1979 -80 fiscal year. Motion carried by the fol- lowing vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None b. South Bay Cities Association. Councilman Bue reported that the speaker at last Thursday's meeting from the County Welfare Department advised that 2.1 million dollars had been budgeted for 1980, which is higher than 45 of the 50 states in the nation. C. Century Freeway Housing Advisory Committee. Mayor Balmer reported he had attended his first meeting as a representative to this committee. Stated that approximately 4,200 houses will need to be moved or rebuilt, a very large undertaking, and that environmental studies will be required before action is taken. 8. CONSENT CALENDAR City Attorney Allen asked that Item 'a' Minutes of City Council meetings of February 5 and 19, 1980 be removed from the Calendar. Thereafter, motion was made by Councilman Nagel, seconded by Councilman Bue and unanimously carried that the balance of the items on the Consent Calendar be approved as recommended: b. Warrants Nos. 66121 through 66313 on Demand Register Summary No. 16 and Expense Checks Nos. 2628 through 2654 on Expense Check Register No. 15, in total amount of $533,460.30 ... Ratified and approved -2 Council Minutes March 4, 1980 X5124 8. CONSENT CALENDAR (continued) C. Claim of Ms. Paula Motz for personal injuries ... Claim denied d. Compliance Audit for Revenue Sharing Assistance for fiscal years endine June 30, 1977, June 30, 1978 and June 30, 1979 ... Ordered received and filed 9. CALL ITEMS FROM CONSENT CALENDAR a. Minutes of regular City Council meetings held February 5, and February 19, 1980 ... City Attorney Allen stated there had been a question raised about the minutes and asked that this item be held over until the next City Council meeting. Hearing no objections, the Mayor so ordered. 10. WRITTEN COMMUNICATIONS a. Burke, Williams and Sorensen letter advising that Assembly Bill 66 would affect licensing of financial corporation The Mayor ordered the letter received and filed. 11. REPORTS OF OFFICERS a. City Manager Jones 1) Revision to Administrative Code relating to promotions Advised that a resolution had been prepared to clarify the intent of Section 1A6.090 of the Administrative Code relating to promotions. Recommended adoption. Motion was made by Councilman Nagel, seconded by Councilman Benson, that the following resolution, entitled: RESOLUTION NO. 2976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 1A6.090 OF CHAPTER lA6 (GENERAL RULES) OF TITLE 1P. OF THE EL SEGUNDO ADMINISTRATIVE CODE 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) Resolutions establishing new budgetary funds Advised that the Citv is obligated to abide by the Gann Initiative and, therefore, recommended.that seven new funds be established which would permit the transfer of revenue from the General Fund into special pro- jects funds. This would allow the City to proceed as in the past on a "pay as you go basis." Recommended the resolutions be adopted estab- lishing the funds and budget appropriations, as follows: -3 Council Minutes March 4, 1980 2) New Budgetary Funds (continued) Sick Leave and Vacation Accrual $ 500,000. Unemployment Tax Reserve 50,000. Capital Expenditure Reserve 1,663,802. Tax Receipt Delay Fund 500,000. C.E.T.A. Fund -0- Contingency Reserve Fund -0- Special Projects Reserve -0- Stated he thought it advisable to establish the last three funds listed so that the funds would be in existence when the Gann Initiative is implemented. Motion was made by Councilman Bue, seconded by Councilman Nagel, that resolution, entitled: RESOLUTION NO. 2977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A SICK LEAVE AND VACATION ACCRUAL RESERVE FUND 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 Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that resolution, entitled: RESOLUTION NO. 2978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING AN UNEMPLOYMENT TAX SELF- INSURANCE RESERVE FUND 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 Motion was made by Councilman Van Vranken, seconded by Councilman Nagel, that resolution, entitled: RESOLUTION NO. 2979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A CAPITAL EXPENDITURE RESERVE FUND 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 -4- Council Minutes March 4, 1980 ?i,,tion was made by Councilman Nagel, seconded by Councilman Bue, tiat resolution, entitled: RESOLUTION NO. 2980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A TAX RECEIPT DELAY FINANCING RESERVE FUND 117hich was read, be adopted. )n 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 ...:ion was made by Councilman Bue, seconded by Councilman Nagel, that resolution, entitled: RESOLUTION NO. 2981 A RESOLUTTON OF THE CITY COUNCIL OF THE CITY OF EL SEG17NDO, CALIFORNIA, ESTABLISHING A COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 CONTINGENCY RESERVE AND REVOLVING FUND was read, be adopted. roll call, said m(,ii,)n carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken any] Mayor Balmer Noes: Councilman Benson Absent: Councilmen Non, --ion was made by C—in,:il.man Nagel, seconded by Councilman Van Cnken, that resole;i(.n, entitled: RESOLUTION NO. 2982 A RESOLU11ON OF THE CITY COUNCIL OF THE CITY OF EL SE,i:: ;DO, CALIFORNIA, ESTABLISHING A GENERAL ! :MERGENCY CONTINGENCY RESERVE FUND ::hick was read, be adopted. )n roll call, said nation carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None :lotion was made by Councilman Bue, seconded by Councilman Nigel, that resolution, entitled: RESOLUTI0;1 NO. 2983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING AN ESPECIALLY FINANCED PROJECTS TRUST AND RESERVE FUND which was read, be adopted. X5, 1 ?6 _5_ Council Minutes March 4, 1980 On roll call, said motion carried and Resolution No. 2983 was adopted by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None h. Director of Public Works Glickman 1) Report on abandonment of portion of Pine Avenue east of Center St. Requested that this matter be postponed until the regular meeting of the City Council on March 18, 1980. Report on Ordinance No. 977 relating to streets, water lines, sanitary sewers and storm drain improvements R,-'ported that the developer of the two subdivisions on Sycamore Avenue, west of Hillcrest Street was required to install public street improve- ments in certain portions of Sycamore Avenue contiguous to his develop- ments. Stated that the developer had offered to complete the street surface improvements on Sycamore Avenue not contiguous to his develop- ments except for the storm drain; therefore, the City performed the storm drain work at a cost of $3,060 so that the surface improvements could be completed by the developer. Stated that subsequently, Ordin- ance No. 977 was adopted by the Council, passing the cost of such improvements on for payment at the time a building permit was issued to improve the property contiguous to the storm drain. Advised that in this particular case, only one property owner was affected, and his abjection had been that he had not been notified of any of the action. ?,fter discussion, the Mayor stated it had not been the polio; of the Council to take action without notifying all affected parties;, that this k..is an oversight and would not happen again. Motion was made by Councilman Nagel, seconded by Councilman �'nn Vranken, that the City Attorney be instructed to prepare an ordinance repealing Ordinance No. 977. 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 _ !'NFINISHED BUSINESS Adoption of Ordinance amending Ordinance No. 977 and Section 16.44.050 of Municipal Code relating; to building permits on Tract 1685, Block 11, Lot 10 No action taken Assembly Bill 1983 amending the Municipal Organization A,•t as it relates to detachment of inhabited territory from a city ___ * Manager Jones advised that the bill was objectionable l,ecause it 7­1.es the authority for detachment of territory away from tle City (ouncil. Recommended the bill be opposed. `c_)tion was made by Councilman Nagel, seconded by Councilman Van Vranken, ::hat AB 1983 be opposed.and copies of the letter sent to affected legislators. Motion carried. City Attorney Allen asked permission to meet with the Council in Execu- -ive session immediately following this meeting to discuss natters of F'�naing and potential litigation. -6 Council Minutes March 4, 1980 13. NEW BUSINESS a. Proclamation declaring week of March 16 through 23, 1980 as INTERNATIONAL DeMOLAY WEEK The Mayor read the proclamation and announced that the Order of DeMolay had invited all to attend their Easter Sunday Breakfast. 14. ORAL COMMUNICATIONS - None 15. RECESS At the hour of 8:37 o'clock p.m., the Council recessed to an Executive Session to discuss matters of litigation. At the hour of 9:15 o'clock p.m., the Council reconvened, all members being present and answering roll call. City Attorney Allen advised that the City had been served with a law suit against the City Clerk and the City Council; that it appears the City Clerk's position and the City Council's position in this matter differ and, therefore, recommended that the Council direct him to retain the firm of Richards, Watson, Dreyfuss & Gershon to represent the City Council in defending this action and to agree to compensate that firm for their reasonable and customary charges, and additionally authorize the City Clerk to retain independent counsel to advise and represent her in matters arising out of this litigation with reasonable fees for that attorney being charged against the City. Stated he had advised the Council and made a recommendation to represent them and if the City Clerk desired, he would make the same recommendation to her. Stated that the City Clerk had indicated she wished to not resist the action. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the recommendations of the City Attorney be approved. Motion carried. 16. ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned, the hour of adjournment being 9:20 o'clock p.m. APPROVED: E. L. Balmer, Mayor Respectfully submitted, Valerie A. Burrowes, City Clerk -7 Council Minutes March 4, 1980