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1980 MAR 18 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 18, 1980 1. CALL TO ORDER The El 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 - Given by Councilman William Bue. 4. ROLL CALL: Present: Councilmen Benson, Bue, Nagel Van Vranken and Mayor Balmer Absent: Councilmen None 5. PRESENTATIONS The Mayor read a proclamation commending the South Bay Youth Theater Guild for its work to enrich cultural opportunities for young people and declared April 5, 1980 as BOB HOPE DAY, and presented said proclamation to two members of the South Bay Youth Theater Guild. 6. SPECIAL ORDER OF BUSINESS Associate Planner Cosin stated that because of the interest shown by the attendance tonight, she would go into the background of the development of multiple family dwellings in the City. Stated that 19 condominium/ townhouse developments have been approved or are pending approval; that there is approximately twenty percent of the R -3 property left for increased density. Advised that the Planning Department and Commission are working with developers and with the Municipal Code to find structures compatible with the neighborhoods. Advised that the City is committed to preserving the R -1 integrity of the City and that the Planning Commission and Council have taken a firm stand of not changing any zoning from R -1 to R -3. Further, described the stricter controls and requirements, through the Precise Plan procedures, placed on condominium/ townhouse developments that are not required for apartment developments. a. Public Hearing on Precise Plan No. 3 -79 for 15 -unit townhouse condo- minium development at 915 -925 Main Street by Mr. Charles Gotanda 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. City Clerk Burrowes replied that affidavits of publication and mailing the notice were in her file. The Mayor then inquired if any written communica- tions had been received, to which the City Clerk replied that none had been received. Associate Planner Cosin described the project, the processes through the Planning Commission reducing the Plan from 18 to 15 units and a change to townhouse configuration. Recommended certification of the Negative Decla- ration and approval of the precise plan. Slated that the final issue to be addressed on this and future condominiums was fire protection. Advised that the Fire Department was prepared to give more information on fire sprinkler systems in the units as well as the garage areas. The Mayor inquired if anyone wished to speak either in favor or against subject Plan. Hearing no response, motion was made and carried that the hearing be closed. Motion was made by Councilman Benson, seconded by Councilman Nagel, that the Negative Declaration for Precise Plan No. 3 -79 be certified. Motion carried. 13:1 City Attorney Allen advised that the starting date of March 18, 1980 was being inserted in the resolution for this precise plan. Councilman Van Vranken asked if the fire prevention subject had been brought before the Planning Commission. Ms. Cosin stated the Planning Commission was not ready to add sprinkler systems, but were interested in the Council's input on the subject. After discussion, the general feeling of the Council was that this topic needed more study and if it was decided that sprinklers should be installed in condominium dwelling units, the procedures for a Code change would be required. Fire Chief Baron reported on the requirements; that brand -new information had been received from extensive sprinkler tests recently made, overturning previous fire service concepts of dwelling fires. After further discussion, motion was made by Councilman Nagel, seconded by Councilman Bue, that the question of adopting an ordinance requiring fire sprinkler systems in dwelling units be referred to the Planning Commission for study. On roll call, said motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, and Mayor Balmer Noes: Councilman Van Vranken Absent: Councilmen None Councilman Van Vranken stated that if the recommendation had merit, he thought these requirements should be included in the projects on tonight's agenda; that if it is a worthwhile safety task, the Council should face up to it right now. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the following resolution, entitled: RESOLUTION NO. 2984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS PRECISE PLAN NO. 3 -79 FOR PROPERTY LOCATED AT 915, 919, AND 925 MAIN STREET WITHIN SAID CITY which was read be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, and Mayor Balmer Noes: Councilman Van Vranken Absent: Councilmen None b. Public Hearing on Precise Plan No. 5 -79 for, 22 -unit condominium 209 -219 West Palm Avenue, Southshores Development Company 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 replied that affidavits of publication and mailing the notice were in here file. The Mayor then inquired if any written communications had been received, to. which the City Clerk replied that none had been received. Associate Planner Cosin reported on the processes through the Planning Commission, that changes had been made to lessen the impact on the adjoining -2- Council Minutes March 18, 1980 R -1 properties; that two units had been deleted from the original plans in this pursuit; that traffic would be increased and it was of concern because of the proximity of the schools and City Library, but it did not seem to be more than could be handled; the school and work hours being different they should not conflict. Recommended certification of the Negative Declaration and approval of the Precise Plan. The Mayor inquired if anyone wished to speak either in favor or against this project. Mr. Gerald Chong, 232 West Oak Avenue, stated his concern was with increased traffic; that traffic or utility usage studies had not been made on Palm Avenue and he thought it unfair to dismiss the project so lightly with a Negative Declaration. Asked that more consideration be given this project, that a development should not be allowed that would create traffic greater than the streets could handle. Mr. Jim Burrowes, 311 Whiting Street, stated the City would receive higher tax revenue from the project which could support greater safety. Mrs. Mary Louise Liedke, 123 West Palm Avenue, stated E1 Segundo was no longer a sleepy town, that the City fathers had seen to that by allowing the building; apartments are inviting transients, condominiums are owners. Mrs. Kathy Sc_ huler, 209 West Palm Avenue, stated the heavy traffic times are different from the times children are going to and from sccool. Stated the real issue of those against this project was that some property owners do not want property developed behind them. Mr. Chong presented a petition opposing the development to the City Clerk signed by 188 residents., Mrs. Shirley Parker, 129 West Palm Avenue, disputed Mr. Chong's statement regarding the number of automobile trips estimated to be made by a family in one day. • Mr. Walt Liedke, 123 West Palm Avenue, stated he knew the property was zoned R -3 when he moved in 30 yearsago; that school children's travel -hours and working people's hours are not the same. Mrs. Marian Fine, 102 West Maple Avenue, stated she did not see why West Palm residents should have to justify their property; let's try to bring them into the style of the old. Councilman Nagel stated that R -1 owners can build so that it infringes upon others' privacy as well as g -3 owners. Councilman Bue stated there is a communications problem regarding condo- miniums and he thought it may be a problem of education. Hearing no further response, motion was made by Councilman Benson, seconded by Councilman Nagel, that the hearing be closed. Motion carried. Motion was made by Councilman Benson, seconded by Councilan Bue, that the Negative Declaration for Precise Plan No. 5 -79 be certifed. Motion carried. City Attorney Allen advised that the starting date of March 18, 1980 was being inserted in the resolution for this precise plan. Motion was made by Councilman Van Vranken, seconded by Councilman Benson, that the following resolution, entitled: -3- Council Minutes March 18, 1980 RESOLUTION NO. 2985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS PRECISE PLAN NO. 5 -79 FOR PROPERTY LOCATED AT 209, 213, 215, AND 219 WEST PALM AVENUE WITHIN SAID CITY 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 , RECESS: At the hour of 8:35 o'clock p.m., the Mayor declared a short recess. At the hour of 8:45 o'clock p.m., the Council reconvened, all members being present and answering roll call. c. Public hearing on Precise Plan No. 1 -80 for 18 -unit townhouse condo - minium at 327-343 Virginia street, 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, to which the City Clerk replied that affidavits of publication and mailing the notice were in her file. The Mayor then inquired if any written communications had been received. The City Clerk replied that none had been received. Associate Planner Cosin reported on the background of this development; that it provided low density, 1,620 square feet per unit, lot coverage 49 percent, low set backs allowing privacy to neighboring units; garages with private access to each, and driveways off the alley rather than Virginia Street to alleviate traffic. Recommended certification of the Negative Declaration and approval of the Precise Plan. The Mayor inquired if anyone present wished to speak either in favor of or against this Precise Plan. Hearing no response, motion was made and carried to close subject hearing. Motion was made by Councilman Nagel, seconded by Councilman Benson, that the Negative Declaration prepared for Precise Plan No. 1 -80 be certified. Motion carried. City Attorney Allen advised that the starting date of March 18, 1980 was being inserted in the resolution for this precise plan. Motion was made by Councilman Benson, seconded by Councilman Nagel that the following resolution, entitled: RESOLUTION NO. 2986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS PRECISE PLAN NO. 1 -80 FOR PROPERTY LOCATED AT 327, 333, 337, AND 343 VIRGINIA STREET WITHIN SAID CITY 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 18, 1980 6. ORAL COMMUNICATIONS - None 7. REPORTS OF COMMITTEES - None 8. CONSENT CALENDAR City Attorney Allen asked that Item 'h' be withdrawn from the Consent Calendar. Thereafter, motion was made by Councilman Bue, seconded by Councilman Nagel, and unanimously carried that the balance of the items on the Consent Calendar be approved as recommended: a. Minutes of regular City Council meeting held February 5, 1980 ... Approved as written b. Minutes of regular City Council meeting held February 19, 1980 ... Approved as written c. Warrants Nos. 66314 through 66441 on Demand Register Summary No. 17 and Expense Checks Nos. 2655 through 2670 on Expense Check Register No. 16, in total amount of $450,390.09 ... Ratified and approved d. Claim of Pacific Telephone Company for damages ... Claim denied e. Bid No. 79 -18 for asphalt materials for streets ... Low bid, including travel time cost, accepted for each item: Item A and B to Vernon Paving; Item C to Blue Diamond Materials f. Bid No. 79 -20 for trimming street trees ... Low bid of Roberts & Associates accepted in amount of $16,740, for 54 days of work g. Application of Jerry's Market, 601 Virginia Street for California Alcoholic Beverage Control off -sale beer and wine license transfer ... Ordered received and filed i. Request for appropriation of $6,500 from General Fund Contingency Account for Storm Drain Division Overtime Account ... Appropriation approved j. Auction of surplus Vehicles #2500, 1970 Ford Sedan and #6480, 1974 Station Wagon ... Vehicles declarea surplus and authorized sale by private auc- tioneer 9. CALL ITEMS FROM CONSENT CALENDAR h. Request for appropriation of $20,000 to cover outside builaing inspec- tion and plan checking services Councilman Bue, stated that due to possible conflict of interest, he would not participate in the discussion or action in this matter. -5- Council Minutes March 18, 1980 Motion was made by Councilman Van Vranken, seconded by Councilman Nagel that $20,000 be appropriated from the General Fund Reserves to cover outside building inspection and plan checking services. 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 10. WRITTEN COMMUNICATIONS a. City of Signal Hill resolution opposing the recommendation of Los Angeles City- County Consolidation Commission to establish a fee schedule for crime lab services Police Chief Johnson advised that the Crime Lab Services at the present time are furnished free of charge; that if the fee schedule is established it would increase the Police Department budget. Motion was made by Councilman Nagel, seconded by Councilman Bue, that the City go on record of opposing establishing a fee schedule for crime lab services. Motion carried. b. South Bay Free Clinic request for appropriation of $1,500 for support during the 1980 -81 fiscal year Councilman Bue stated he thought this should be supported by private donations. Motion was made by Councilman Nagel, seconded by Councilman Benson, that subject request be denied. Motion carried. c. California Department of Transportation, requesting citizen be named to serve as Aesthetic Advisor to serve during planning and design of the I- 105 Freeway Mayor Balmer asked that the Councilmen consider this request and possibly make an appointment at the next regular City Council meeting. 11. REPORTS OF OFFICERS a. City Manager Jones 1) Statement of Interest for an LEAA grant to develop a burglary prevention program Advised that this was a grant for development of a burglary combat program; that the application must be submitted by March 21, but if it was found to not be an effective program for E1 Segundo, the City has the option of withdrawing. Recommended adoption of the resolution authorizing the staff to submit the application, and if the application is approved, the matter will be brought before the Council again for approval or disapproval of a contract for this program. Motion was made by Councilman Nagel, seconded by Councilman Benson, that the following resolution, entitled: RESOLUTION NO. 2987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GIVING ASSURANCES OF CONTINUED FUNDING FOR A BURGLARY PREVENTION PROGRAM which was read, be adopted. -6- Council Minutes March 18, 1980 55 1.34 01.3 , 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 b. City Attorney Allen 1) Ordinance repealing Chapter 16.44 of E1 Segundo Municipal Code relating to responsibility for public improvements (Ordinance No. 977) Presented subject ordinance, entitled: 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 the ordinance was waived. Thereafter, said ordinance was introduced by Councilman Nagel. 2) Participation in an amicus brief supporting City of Glendale concerning its Housing Element of the General Plan Advised that the trial court determined, in the case of Bownds vs. City of Glendale, that the State Housing Element Guidelines are advisory and not mandatory. Further advised that the Council may consent to participate ill an amicus brief to support the City of Glendale's position without cost to E1 Segundo. Recommended that the City Council consent to the joining of that amicus brief. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the City Attorney's recommendation be approved. Motion carried. Stated he had two items of litigation to discuss in Executive Session. Advised that he had received a letter from the law firm of Boren, Elperin, Howard and Sloan regarding the Convair Properties Corporation litigation and that Mr. Elperin had indicated he would like to address the Council this evening. Advised that the Council may prefer to hear Mr. Elperin following the Executive Session. Council agreed. c. Director of Public Works Glickman 1) Agreement with Continental Development Corporation regarding operation and maintenance of storm drain retention basin Advised that the Planning Commission had approved Continental Development Corporation's Tentative Parcel Map No. 12659 subject to the City and Continental entering into an agreement establishing responsibilities for the operation and maintenance of the storm drain retention basin located in Parcel 3• Presented an agreement establishing these responsibilities and recommended approval. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the City of E1 Segundo and Continental Develop- ment Corporation regarding operation and maintenance of a storm drain retention basin located in Parcel Map 12659, presented to this Council on this date, be and the -7- Council Minutes March 18, 1980 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, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 2) Additional services by ASL Consulting Engineers - 6.3 million gallon water reservoir project Presented a report on additional services rendered by subject firm resulting from time extensions granted by the City, for inspections that could not be done by City Personnel and in connection with the shoring design, all of which had not been included in the original specifications. Stated the consultants had not received payment for any services during the past year, which had exceeded the contract price by $37,283.04. Stated there would be additional costs in connection with anticipated work to be performed prior to completion of the job. Recommended that $42,000 be appropriated from the Water Fund to cover the aforementioned services. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that $42,000 be appropriated from the Water Fund for payment to ASL Consulting Engineers for services performed in the past and for anticipated costs in connection with the 6.3 million gallon water reservoir project. Motion carried by the following vote: Ayes: Councilmen Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilman Benson Absent: Councilmen None 3) Vacation of portion of Pine Avenue easterly of Center Street _ The Mayor announced that due to possible conflict of interest, he would not participate in the action or discussion of this matter, and therefore, turned this portion of the meeting over to Mayor pro tem Van Vranken. Director of Public Works Glickman displayed a map of the area involved and stated the Planning Commission had reviewed the plans for the development of single family lots in the subdivision by Chevron Land and Development Company and after review recommended abandonment of the Pine Avenue right - of -way. Stated that the Fire and Police did not think it necessary to put a road through for access. Stated that the City has an easement on this property which could be used only for street purposes. Recommended the Council authorize the staff to commence proceedings to vacate that undeveloped portion of Pine Avenue easterly of Center Street. Motion was made by Councilman Bue, seconded by Councilman Nagel, that vacation proceedings be commenced to abandon the Pine Avenue Street Easement easterly of Center Street. 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 -8- Council Minutes March 18, 1980 4) Bid for extension of Checkout building at Recreation Park Project 78 -3 -- Advised that bids had been received for subject project on February 5, 1980, which bids were as follows: Name Dewco A. J. Stevens Co. Amount ;47,391. $51,923• Stated these bids were far above the staff's estimate, and therefore, requested all the bids be rejected and other means be investigated for accomplishing the proposed construction. Motion was made by Councilman Nagel, seconded by Councilman Van Vranken, that all bids received on subject project be rejected, and other means be investigated for the work within the budgeted funds for the project. Motion carried. 5) Widening of Sepulveda Boulevard Councilman Bue and Mayor Balmer announced that due to possible conflict of interest, they would not participate in the discussion or action of this matter. Thereafter, the Mayor turned this portion of the meeting over to Mayor pro tem Van Vranken. Advised that staff had been working with the California Department of Transportation (CALTRANS) and owner/ developers in relation to proposed developments between E1 Segundo Boulevard and Rosecrans Avenue, to plan for anticipated increase in traffic due to the extensive development going on in the area. Presented a resolution, broad in nature, required by CALTRANS which would pave the way for Hughes Aircraft Company to build a road easterly of Sepulveda Boulevard through its development. The Mayor inquired if anyone present wished to speak regarding this matter. Mr. Ray Sherwood, Allied Sales and Salvage, 160 South Sepulveda Blvd., stated that widening the road in the proposed section would only create a large parking lot, narrrowing down at E1 Segundo Boulevard and Rosecrans Avenue, causing bottlenecks at each end. Suggested the traffic from Hughes be directed towards E1 Segundo Blvd. and Rosecrans Avenue, rather than Sepulveda. Mr. Michael Lindsey, 555 S. Flower Street, Los Angeles, representing Allied Chemical Company, stated a letter had been written summarizing Allied Chemical's position. Introduced Mr. Cardinale of Allied Chemical, who stated the Company did not agree that the traffic flow generated in this area was solely due to the property owners in the area. Stated it is a public highway and it would be appropriate that the State participate in the widening project, that it was unfair to saddle the property owners and developers with the entire cost of the project. Asked that whatever plans are adopted, that consideration be given to Allied Chemical's problems, that they be allowed to participate in the formulation of the plans and given an opportunity to comment on the merits of any plan before it is adopted formally by the City. Mr. Anthony Brent, 150 South Sepulveda Boulevard, stated he thought this action was quick to come about, that not much thought had been put into the resolution. Asked the Council to look at this matter from a fair point of view and take the property from both sides of the street for the widening, that the property owners alone should not have to bear the costs for this widening. Asked that the property owners be given an opportunity to have input in any decision that is made. _9- Council Minutes March 18, 1980 The Council discussed the problems involved in widening only the short protion of Sepulveda Boulevard and the participation of all parties involved, State, City and property owners. City Attorney Allen suggested instructions be given to staff to discuss the problems with CALTRANS and bring a modified resolution back to the Council for consideration. Motion was made by Councilman Nagel, seconded by Councilman Benson, that staff communicate with CALTRANS regarding financial participation within the limits of E1 Segundo, and participation to solve traffic flow problems south of Rosecrans Avenue. Motion carried by the following vote: Ayes: Councilmen Benson, Nagel, and Mayor pro tem Van Vranken Noes: Councilmen None Absent: Councilmen None Not Voting: Councilman Bue and Mayor Balmer 6) Completion of Storm Drain Laterals 2E and 2EB in Grand Avenue and Sepulveda Boulevard and Change Order No. 3, Specification 78 -1a Presented subject change order for a time extension of 132 calendar days, moving the completion date of the project to February 28, 1980. Recommended approval of the Change Order and acceptance of the work of the W. J. Lewis Corporation as satisfactorily completed. Advised that Notice of Completion had been filed with the L.A. County Recorder. Motion was made by Councilman Bue, seconded by Councilman Nagel, that the following resolution be approved: RESOLVED, that Change Order No. 3 to W. J. Lewis Corporation contract be and the same is hereby approved for an extension of 132 calendar days to com- plete said project; and BE IT FURTHER RESOLVED, that the construction of Storm Drain Laterals 2E and 2EB in Grand Avenue and Sepulveda Boulevard, be and the same is hereby accepted as satisfactorily complete in accordance with Specifica- tion No. 78 -1a, as of February 28, 1980; and BE IT FINALLY RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized to sign said Change Order 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: Councilman Benson Absent: Councilmen None 7) Southern Pacific Transportation Company license agreement for two pipelines Councilman Bue announced that due to possible conflict of interest, he would not participate in the discussion or action in this matter. Advised that in connection with the Hughes Aircraft Company EDSG project, a 21" sanitary sewer line and a 45" storm drain pressure line will occupy Southern Pacific's right -of -way between Douglas Street and the southeast -10- Council Minutes March 18, 1980 corner of the Hughes Site. Stated that enter into an agreement covering operation Recommended approval of the agreement. 3 -.L• �r 1 the Railroad required that the City and maintenance of the pipelines. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that that certain form of agreement between the Southern Pacific Transportation Company and the City of E1 Segundo concerning maintenance and opera- tion of certain pipelines in the railroad right -of -way, 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. On roll call, motion carried by the following vote: Ayes: Noes: Absent: Not Voting: 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS - None 14. ORAL COMMUNICATION - None 15. RECESS Councilmen Benson, and Mayor Balmer Councilmen None Councilmen None Councilman Bue Nagel, Van Vranken At the hour of 10:04 o'clock p.m. the Council recessed to an Executive Session in the Mayor's office to discuss matters of litigation. At the hour of 11:00 o'clock p.m., the Council reconvened, all members being present and answering roll call. City Attorney Allen advised that he had received a letter, dated March 18, 1980, from the firm of Boren, Elperin, Howard & Sloan, making certain representations if the City would dismiss litigation presently pending against Convair Property Corporation. Stated that Mr. Elperin of said firm and Mr. O'Brien of Convair Property Corporation were in attendance. Mr. Elperin stated that he was authorized to speak for his clients. The City Attorney stated that it was his understanding that in addition to the representations made in the aforesaid letter, on the condition that the City would cause the lis pendens to be removed by dismissing the complaint and furnish the necessary instrument to this effect for recording, that Convair Property Corporation would apply to the Building Department for interior and exterior residential property reports on each unit of subject property; would correct each deficiency discovered in the property, and would pay the appropriate permit fees for any work that had been cone without such permits. Further stated that every effort would be made by the Building Department to complete the reports earlier than the ten day limitation after receipt of the permit applications. Asked for cooperation in allowing inspection of each unit so the reports could be issued. Mr. Elperin stated that his client, Convair Property Corporation, agreed to each of the conditions. Mr. Elperin requested that the City Attorney indi- cate to them that the law suit would be dimissed the day following this meeting. Council Minutes March 18, 1980 The City Attorney handed the aforesaid letter from the attorneys to the City Clerk for filing and stated that with the letter and other representations made this evening, that most of the City's objectives would be accomplished; that if the Council concurred, it would be appropriate to instruct him to file a dismissal without prejudice in the case of E1 Segundo vs. Convair Property Corporation, et al No. SWC 53901. Motion was made by Councilman Van Vranken, seconded by Councilman Bue, that the City Attorney be instructed to dismiss without prejudice the civil suit No. SWC 53901. Motion carried by the following vote: Ayes: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer Noes: Councilmen None Absent: Councilmen None 16. ADJOURNMENT No further business appearing to come before the Council at this session, motion was made by Mayor Balmer, seconded by Councilman Nagel, that the meeting adjourn in memory of Walter W. Swanson, former Councilman of E1 Segundo and Volney J. (Red) Stefflre, former Recreation and Parks Commis- sioner; the hour of adjournment of this meeting being 11:05 o'clock p.m. Motion carried. APPROVED: E. L. Balmer, Mayor Respectfully submitted, ,Ct•fh eaCs Valerie A. Burrowes, City Clerk -12- Council Minutes March 18, 1980