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1981 DEC 01 CC MIN - 10I� r .. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL December 1, 1981 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 Mrs. Barbara Eicksler 3. INVOCATION was delivered by Pastor Eyrich Hansen of St. John's Luteran Church. 4. ROLL CALL: Present: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Absent: Councilmen None 5. SPECIAL ORDER OF BUSINESS a. Petition for repeal of Resolution No. 3098 which approved Precise Plan No. 3 -81 for construction of an 8-story_ Hometel at 1440 -1500 East Imperial Avenue Councilman Siadek announced that due to possible conflict of interest, he would not participate in the discussion or action in this matter. The Mayor inquired if any written communications had been received on subject matter. City Clerk Burrowes replied that she had received on this date, a letter from Mr. Robert E. Woolley of Hometels Development Corporation, which she read, advising that because of the petition filed against subject precise plan, the company did not wish to wait for an election to determine whether an 8 -story structure could be built. Therefore, requested the City Council repeal Resolution No. 3098. The Mayor recommended the Council take action in accordance with the petition and in accordance with the letter from Hometel Development Corporation. The City Attorney advised he had prepared an ordinance to this effect, rescinding and repealing Resolution No. 3098, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO. CALIFORNIA REPEALING AND RESCINDING RESOLUTION NO. 3098 WHICH SAID RESOLUTION RELATES TO A PRECISE PLAN FOR PROP- ERTY LOCATED AT 1440 AND 1500 EAST IMPERIAL AVENUE which was read in its entirety. Thereafter, said ordinance was introduced by Councilman Bue. b. Hearing on vacation of a portion of Franklin Avenue easterly of Illinois Street 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 posting and mailing notices of intention to vacate were in her file. The Mayor directed that the file become a part of this hearing and inquired if any written communications had been received. The City Clerk advised that letters had been received advising there was no objection to the vacating of the street from Los Angeles County Flood Control District, Metropolitan Water District of Southern California, and Southern Pacific Transportation Company. The Mayor ordered the letters be received and filed. 55 5 Director of Public Works Glickman reported this portion of the street had never been improved and staff felt there was no further need for the street easement. Recommended adoption of the resolution ordering vacation of sub- ject street. The Mayor inquired if anyone present wished to speak regarding this matter. Hearing no response, motion was made by Councilman Siadek, seconded by Councilman Bue, that the hearing be closed. Motion carried. Thereafter, motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE VACATION OF A CERTAIN PORTION OF FRANKLIN AVENUE BEING A POR- TION OF LOT 346 WITHIN SAID CITY AS CONTEMPLATED BY RESOLUTION OF INTENTION NO. 3104 which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None C. Hearing on Amendment 6 -81 to E1 Segundo Municipal Code adding Chapter 20.38 Commercial- Manufacturing -West (C -M -W) zone and Zone Change 4 -81 changing C -M zoned areas west of Sepulveda Boulevard to C -M -W ' 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 reported that affidavits of publishing_ and mailing the notice were in her file. The Mayor directed that the file become a part of this hearing, and inquired if any written communications had been received. The City Clerk advised that none had been received. Associate Planner Cosin reported there are about four blocks west of Sepulveda Boulevard zoned C -M being used for small manufacturing, resi- dential, parking, engineering and restaurants which cannot be developed further because of the lot size. Advised that when the C -M zone descrip- tions were rewritten, they were aimed at the lots east of Sepulveda Boul- evard, consequently the small lots west of Sepulveda do not meet these standards. Proposed that a new zone designation of C -M -W be established with permitted uses remaining the same as C -M, but open space, landscaping, minimum lot size and front yard set backs eliminated from the requirements. Advised that a Negative Declaration had been prepared for these changes; that staff and the Commission recommended certification of the Negative Declaration and approval of the amendment to the zoning code and the zone change. The Mayor inquired if anyone present wished to speak in regard to this matter. Hearing no response, motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the public hearing be closed. Motion carried. The Council discussed the merits of the changes, stating that it may promote high density with no set backs and no landscaping. Also that it may be wise to look at the whole downtown area rather than spot zoning. City Attorney Allen advised that before any action can be taken, the Negative Declaration should be acted upon. -2- Council Minutes December 1, 1981 Motion was made by Councilman Bue, seconded by Mayor Van Vranken, that the Negative Declaration for Amendment 6 -81 and Zone Change 4 -81 be certified. Motion failed to carry by a 3 to 2 vote. City Attorney Allen advised that the Council, by not certifying the Negative Declaration, has no authority to approve or disapprove the amend- ment or zone change. After further discussion, motion was made by Councilman Siadek, seconded by Councilman Bue, that the previous motion be reconsidered and rescinded. Motion carried. Thereafter, motion was made by Councilman Bue, seconded by Mayor Van Vranken, that the Negative Declaration for Amendment 6 -81 and Zone Change 4 -81 be certified. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Siadek, and Mayor Van Vranken Noes: Councilman Johnson Absent: Councilmen None After discussion regarding the proper action to be taken, motion was made by Councilman Siadek, seconded by Councilman Armstrong, that Amendment 6 -81 and Zone Change 4 -81 be denied and that Planning Staff and Commission examine all of downtown as it applies to the zoning and the usage of the area. Motion carried unanimously. d. Hearing on Amendment 5 -81 to E1 Segundo Municipal Code to add Chapter 20.92 Coastal Zone Development Procedures 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 reported that an affidavit of,publishing the notice was in her file. The Mayor directed that the file become a part of this hearing, and inquired if any written communications had been received, to which the City Clerk replied that none had been received in her office. Associate Planner Cosin reported that the Coastal Zone in E1 Segundo includes the area west of Vista Del Mar, consisting of approximately .8 of a mile. Advised that the purpose of including this in the Code is so the City can assume responsibility for issuance of Coastal Development Permits screening them so that any potential plan for the area conforms to the Local Coastal Plan. The Mayor inquired if anyone present wished to speak regarding this matter. Hearing no response, motion was made by Councilman Johnson, seconded by Councilman Bue, that the hearing be closed. Motion carried. City Attorney Allen presented the ordinance, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) OF SAID CODE TO ADD CHAPTER 20.92 ENTITLED COASTAL ZONE DEVELOPMENT PROCEDURES which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was introduced by Councilman Siadek. e. Reconsideration of Precise Plan No. 4 -81 for townhouse development at 135 and 201 West Palm Avenue - Mr. Tom Carson Planning Associate Cosin presented plans which had been completely redesigned, eliminating the center courtyard, allowing for greater outside open area, private patios for six units, better street access and designed so as not to encroach upon neighboring single family residences. -3- Council Minutes December 1, 1981 ,( 5F;58 Upon questioning, Fire Chief Baron explained that the dry standpipe, provided in the central courtyard of the previous plan, would not be _required because the necessary street access was included in the new plan. The City Attorney presented Resolution No. 3078 revised by deleting paragraph 5 Standpipe Requirements, paragraph 9 reciting total number of units, and paragraph 10 revised to reflect date of new plans. Further stated he had inserted the date of December 1, 1981 in paragraph 8. Motion was made by Councilman Siadek, seconded by Councilman Bue, that said resolution, entitled: RESOLUTION NO. 3078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS PRECISE PLAN NO. 4 -81 FOR PROPERTY LOCATED AT 135 AND 201 WEST PALM AVENUE WITHIN SAID CITY which was read, be adopted. Upon roll call, said resolution was adopted by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None f. Clarification of Code Section 20.30.040 regarding Conditional Use Permits in Public - Facilities (P -F) zone Associate Planner Cosin reported that subject matter had been considered by the Planning Commission at its meeting held November 12, 1981. The Commission deemed the Conditional Use Permit (CUP) procedure an appropriate method of allowing private use of school property provided the usage had a direct linkage with the Public Facilities Zone, such as revenue gained which would be used for school functions, that existing structures remain unaltered, that the potential use fall within the existing environmental quality of the property and the hours of use compatible with the surround- ing area. The Mayor stated he thought the CUP was a suitable instrument for a short term use (up to 5 years) but for a longer period of time, a change of zone should be considered. After discussion, Council's consensus was that recommendations should not be made for any particular use and each proposal would be considered on its own merit. After further discussion, and hearing no objections, the Mayor ordered that staff prepare a letter to the El Segundo Unified School District for his signature, informing them that the Council considered the Conditional Use Permit procedure a suitable way to allow uses of school property that do not presently fall within the Public - Facilities zone requirements. 6. ORAL COMMUNICATIONS' a. Mrs. Vera Johnson, 436 -A Richmond Street, president of the Senior Citizens Club of El Segundo, stated she wished to bring the Council a bouquet of thanks from the 659 members of the club. Stated they were celebrating the fifteenth anniversary of the Joslyn Center, enjoying the benefits of Dial -A -Ride; and now the new elevator. Thanked Council- man Siadek for the years of fun bowling by the seniors at the bowling alley, and wished to express a bouquet of heartfelt thanks from all the senior citizens in the club for all the things the City has done for them. b. Mr. Dennis Martin, 836 East intended to act upon his letter tions on the agenda. Grand Avenue, asked the Council if they request listed under Written Communica- -4- Council Minutes December 1, 1981 X '):-I! rl,( City Attorney Allen responded to Mr. Martin's letter, which referred to the action taken by the Council to return certain monies for the reduction of taxes in the City, that the Council had been instructed not to respond as long as Mr. Martin's complaint is in process. Further advised, that if the information is easily obtainable, as stated by Mr. Martin, that he then should seek the information from the County Tax Auditor rather than asking the Council or staff for the information. Mr. Martin asked the Council to rescind the resolution that ordered the tax refund, that the greater benefits were going to industry and no provision was made for renters to receive any refund. Mayor Van Vranken advised that the action taken by the Council was to return funds that had been received over and above the Gann Initiative revenue limits, that it was not a tax refund, but action taken to reduce property owners' tax bills; that the City had reduced taxes in prior years, except the method was a little different under the Gann Initiative. Mr. Martin further asked for the amount of money that was negotiated in May and June that department heads had requested in their budgets, and how much of that had been approved. The Mayor responded that study sessions and a public hearing had been held on the budget, giving anyone present an opportunity to question any item being discussed; that the Council had scrutinized the items very carefully and adopted a conservative budget within the City's means. b. Mr. James Weber, 803 Virginia Street, asked to speak regarding Item 2 relating to Street Sweeping Operations on the Director of Public Works' agenda. The Mayor assured Mr. Weber he would be heard at the time the item was discussed. At the hour of 8:35 o'clock p.m., the Mayor declared a 10- minute recess. At the hour of 8:45 o'clock p.m., the Council reconvened, all members being present and answering roll call. 7. REPORTS OF COMMITTEES a. Appointment of alternate delegate to Metropolitan Cooperative Library System Advisory Board Motion was made by Councilman Siadek, seconded by Councilman Johnson that Mr. Ralph Neil, 312 Maryland Street, be appointed to subject Advisory Board for a 2 -year term, to expire December 31, 1983. Motion carried. b. South Bay Cities Corridor Study Steering Committee Councilman Siadek reported that a meeting of the four beach cities had been held to discuss common traffic problems. Stated there was a spirit of cooperation from most of the cities as far as computerization and signalization of traffic signals was concerned; that the Flager /Prospect Avenue project in Redondo Beach was at a standstill affecting the north/ south traffic, but the committee was hoping to get full cooperation soon. Councilman Bue stated that the Committee had sent a letter to Redondo Beach requesting response to removing parking on the west side of Pacific Coast Highway to facilitate smoother movement through that city. The Mayor announced that these corridor meetings were open to all council- men and urged them to attend whenever possible. C. Noise Abatement Committee. Councilman Armstrong announced that the committee meets the last Monday of each month and asked the people to spread the word of these meetings. Reported that the head of the Airport Tower Operations spoke at the last meeting, revealing a good deal of in- formation on the flight operations. Thanked all those who attended the last meeting. -5- Council Minutes December 1, 1981 .x 55 6 0 d. Airport Noise Control and Land Use Compatibility Study ( ANCLUC) Councilman Armstrong reported that variances had been granted on two past occasions in which E1 Segundo had taken an active part, that the most recent variance, dated in April, 1980, established a noise control program which relied heavily on the ANCLUC Study. Reported that the California Department of Transportation ( CALTRANS) had accepted the ANCLUC Study as a means of obtaining compliance with the noise control program established in the variance. Further stated that on October 5, 1981, a prehearing conference had been conducted by CALTRANS in prepara- tion for the 1981 proceedings at which Mr. Leland Dolley had aptly repre- sented E1 Segundo. Advised that the ANCLUC Study was still in progress; therefore, no conclusions or recommendations were available and conse- quently the 1981 Variance Hearing was deferred until additional informa- tion from the ANCLUC Study was available. Stated that another meeting will be held in six months for review, and depending upon the status, a date for the hearing may be determined at that time. 8. CONSENT CALENDAR Councilman Armstrong asked that Items (c) and (d) be separated from the Consent Calendar for discussion. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the items on the Consent Calendar with the exception of (c) and (d) be approved as recommended on the agenda. Motion carried: a. Minutes of the regular City Council meeting held November 3, 1981 ... Approved as written b. Warrants Nos. 72963 through 73105 on Demand Register Summary No. 10 in total amount of $816,799.45 ... Ratified and approved e. Bid No. 81 -11 for two utility trucks for Parks Department ... Low bid of Cushman Motor Sales, Inc. accepted in total amount of $12,545.10 including sales tax. f. Report on current status of ride sharing program ... Received and filed g. California Alcoholic Beverage Control application for Person -to Person transfer of Off Sale Beer and Wine License - Jerry's Market, 601 Virginia Street ... Received and filed 9. CALL ITEMS FROM CONSENT CALENDAR C. Request from Chevron, USA, Inc, for 1 -year extension of permit for trailer coordinate 16 -D on Refinery Grounds d. Request from Chevron, USA, Inc. for 1 -year extension of permit for trailer Coordinance 11 -I on Refinery Grounds Councilman Armstrong stated that in order to possibly assist in the rental of vacant school property, asked staff to include the use of the trailers when submitting a request for time extension. Thereafter, motion was made by Councilman Armstrong, seconded by Councilman Siadek, that Consent Calendar Items (c) and (d) be approved as recommended. to expire November 26, 1982 and December 31, 1982 respectively. Motion carried. -6- Council Minutes December 1, 1981 x 5 61 10. WRITTEN COMMUNICATIONS a. Mr. Dennis Martin, 836 East Grand Avenue, request for report from Council on distribution of Gann Tax refund for fiscal year 1981 -82 The Mayor advised this item had been discussed previously and, therefore, ordered the letter received and filed. 11. REPORTS OF OFFICERS a. City Manager Jones 1) Publication of City Newsletter Advised that the estimated annual cost for publishing the Newsletter quarterly was $6,400, which amount would allow for some improvements in the format. Suggested that two editions be published in this current fiscal year, one in February and another in May or early June to go with the Spring Recreational brochure. Recommended that $3,500 be authorized from the Unappropriated Reserves of the General Fund to cover the cost of the two publications in this fiscal year. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that two editions of the Newsletter be published in the balance of 1981 -82 fiscal year and that $3,500 be allocated from the Unappropriated Reserves of the General Fund for said publication. Motion carried. 2) Revisions to procedures and fees for filming of motion pictures and television in the City Assistant to the City Manager Northcraft reported that the results of a survey of filming operations in the City indicated the costs greater than the license fee of $25.00 per day now being imposed. Based on these find- ings, recommended that the license fee remain the same; an application fee of $100.00 be imposed and that when public property would be used, an additional $150.00 per day be charged. Also recommended that ten working days' notice be required prior to commencement of filming to allow City staff and crews to prepare for the operation. Councilman Siadek suggested that the daily fee be raised to $500 to more closely cover the costs. Upon questioning, Public Works Director Glickman stated a lot of time and effort is provided by various departments causing an imposition which takes away from everyday operations and thought there should be some re- covery of costs. Councilman Armstrong asked for consideration of the fact that the Chamber of Commerce has been expounding the virtues of E1 Segundo while this increased fee is in opposition to that effort. Mr. James Weber, 803 Virginia Street, reminded the Council that consider- ation should be given to the terms of the Gann Initiative before establish- ing new fees. City Attorney Allen advised that Article 13 -B of the California Constitu- tion (Gann Initiative) provides that proceeds of taxes, which include regulatory licenses, user charges and user fees, shall not exceed the cost reasonsably borne by an entity in providing the regulation, product, or service. Stated that.the $150 charge may be accepted as recovery of costs, but saw no reason why the City could not levy the $500 fee, although it may require an evaluation of whether it qualifies under the Gann Initiative. After further discussion, motion was made by Councilman Siadek, seconded by Councilman Bue, that a charge of $500 per day be established for film- ing in the City of E1 Segundo. -7- Council Minutes December 1, 1981 A 5562 On roll call, said motion carried by the following vote: Ayes: Councilmen Bue, Johnson, Siadek, and Mayor Van Vranken Noes: Councilman Armstrong Absent: Councilmen None City Attorney Allen presented the ordinance adding provisions to the Municipal Code relating to motion picture, radio and television filming productions, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 5.08.526 TO CHAPTER 5.08 AND ADDING CHAPTER 5.42 THERETO RELATING TO MOTION PICTURE, RADIO AND TELEVISION REGULATIONS which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was introduced by Councilman Siadek. 3) Amendment to Public Employees Retirement System (PERS) contract Advised that negotiations with the Police Officers' Association last year included a change in retirement benefits, said benefits to be based on pay for single highest year rather than the highest three years for all employees, and reduction of the retirement plan from 2% at 50 Plan to 2% at 55 Plan for new employees. Advised that the City's PERS employer contribution rate, without the optional benefit change to single highest year, is 30.390% of base payroll; the new rate would be 31.444% which means the optional benefit increases the rate by 1.054 %. Stated that applying this percent increase to a recent payroll and pro- jecting the increased cost out for the next 12 months, the annualized increase in cost would be $35,927. Advised that since the effect is a percent of payroll, future pay increases for safety employees would increase this dollar cost. Further advised that this percentage increase is a projected actuarial rate to the year 2000, but the rate is subject to change with future amendments and /or experience and other factors. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3109 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 4) Agreement for expanded use of the Justice Data Interface Center Reported that the Police Department presently utilizes a computer terminal linked to the Los Angeles Sheriff's JDIC system and now an opportunity has been presented to participate in expanded use of the system providing three subsystems, Event Index, Automated Jail Information and Personal History Index, all provided on the existing equipment at no additional cost. Recommended approval of the contract with the County of Los Angeles. -8- Council Minutes December 1, 1981 X X63 Motion was made by Councilman Johnson, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that that certain form of Users Agreement between the County of Los Angeles 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 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 Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None The City Manager advised he would like to discuss a matter of potential litigation in closed session at the conclusion of this meeting. b. Director of Public Works Glickman 1) Installation of Irrigation System and Landscaping at Washington Park, Specification No. 81 -9 Reported that subject specifications call for an automatic sprinkler system and the planting of grass. Displayed a plan for building a 14 station Par (exercise) Course in the park after the turf is well established; said plan to be presented as a separate item at a later time. Recommended that the Plans and Specifications for the sprinkling system and landscaping be approved and authorization given to advertise for bids, to be received January 12, 1982. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that "SPECIFICATION NO. 81 -9" and "NOTICE INVITING BIDS FOR THE INSTALLATION OF IRRIGA- TION SYSTEM AND LANDSCAPING AT WASHINGTON PARK, EAST SIDE OF WASHINGTON STREET BETWEEN MARIPOSA AVENUE AND PALM AVENUE IN THE CITY OF EL SEGUNDO, CALIFORNIA," presented to the Council on this date, be approved, and a copy placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that sealed bids be and the same are hereby invited under said NOTICE, and the City Clerk be and she is hereby authorized and instructed to cause said NOTICE to be given and published in time, form and manner as required by law, the date and time for recep- tion of said bids being hereby fixed for 11:00 o'clock a.m. Tuesday, January 12, 1982. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None -9- Council Minutes Decenber 1, 1981 X 5564 2) Extension of contract with South Bay Sweeping Company for street sweeping services Advised that at the expiration of subject contract (October 31, 1981) the contractor had submitted a proposal to enter into a new two -year contract at 11.9% increase, amounting to $6,378 per month for the first year and the second year's cost to be based on the local Consumer Price Index. Stated that staff would like to explore alternatives such as analyzing in -house services -vs- outside services and investigate the terms of the specifications because some contractors may have been ex- cluded from bidding under the present terms. Recommended that the services be performed on a month -to -month basis without the requirement of a performance bond and that staff be permitted to negotiate a fair and equitable price for a permanent contract. Mr. James F. Weber, 803 Virginia Street, asked that consideration be given to including a clause in the contract to fine the contractor when a street is not swept. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the Director of Public Work's recommendations be approved and services be provided under the purchase order procedure. Motion carried. 3) Completion of Elevator Tower and Shed at Joslyn Center and Change Order No. 1, Project No. 79 -15 Advised that subject contract had been completed by Levin Construction Company on November 13, 1981, and a Notice of Completion had been filed with the County Recorder. Presented Change Order No. 1 covering a time extension of 120 calendar days. Recommended approval of the Change Order and acceptance of the project as satisfactorily complete. Motion was made by Councilman Siadek, seconded by Councilman Bue, that the Director of Public Works recommendations be approved. Council discussed the justification for a time extension of 120 days. The Director of Public Works explained that it was caused by delay in delivery of parts which was beyond the control of the contractor. Councilman Siadek stated he thought it was still the responsibility of the general contractor and suggested the Council ask that this be inves- tigated. After further discussion, roll call on the aforemention vote was as follows: Ayes: Councilman Bue and Mayor Van Vranken Noes: Councilmen Armstrong, Johnson and Siadek Absent: Councilmen None City Attorney Allen advised two actions were required, one to approve the Change Order No. 1 and the other to accept the contract for the elevator Tower and.Shed as complete, less the amount for the time exten- sion, $12,000. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that the work of Levin Construction Company be accepted as complete on project 79 -15 and $119,503 be approved as full payment for the project. Motion carried by the following vote: Ayes: Councilmen Armstrong, Johnson and Siadek Noes: Councilman Bue and Mayor Van Vranken Absent: Councilmen None -10- Council Minutes December 1, 1981 )(5-565 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS - None 14. ORAL COMMUNICATIONS - None 15. RECESS At the hour of 9:40 o'clock p.m., the Council recessed to the Mayor Office for a closed session to discuss matters of litigation. At the hour of 9:45 o'clock p.m., the Council reconvened, all members being present and answering roll call. Director of Public Works Glickman recommended that in connection with the contract for painting, tiling and carpeting the Library, Project No. 80 -18, that Change Order No. 1 for a credit of $150.00 covering vinyl floor tile at the entrance door that was not installed and Change Order No. 2 for a credit of $472.00 dealing with the cleaning of the ceiling tiles be approved and the contract accepted as complete. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the Director of Public Works recommendations be approved and Project No. 80 -18 be accepted as satisfactorily complete by ABBL Builders. Motion carried. 16. ADJOURNMENT No further business appearing to come before the Council at this session, the Mayor declared the meeting adjourned, the time being 9:50 o'clock p.m. APPROVED R. K. Van Vranken, Mayor Respectively submitted, Al- Valerie A. Burrowes, City Clerk -11- Council Minutes December 1, 1981