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1982 AUG 03 CC MIN1. 2. 3. 4. 5. 6. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL August 3, 1982 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. PLEDGE OF ALLEGIANCE: Led by Police Chief James Johnson INVOCATION: Delivered by Mayor William Bue ROLL CALL: Present: Council Members Armstrong, Johnson, Siadek, Synadinos and Mayor Bue Absent: Council Members None PRESENTATIONS: The Mayor announced that the Certificate of Appreciation for services of the Chairman of the Noise Abatement Committee would be deferred until the next meeting. SPECIAL ORDER OF BUSINESS: a. Consideration of placing a measure on the November General Election Ballot to increase the appropriations limit under Article XIII -B (Gann limit) of the Constitution City Manager Jones read the measure as proposed for submittal to the voters: "Shall an ordinance be adopted which changes the City's appropriations limit for the fiscal year 1980 -1981 and which provides that the money effected thereby be placed in a special account to be expended only as directed by the voters ?" He related the impact of the election, the potential for additional action to be taken, possibly another election. Suggested that the Council retain the authority of how to expend the funds should the measure pass, rather than hold another election for this purpose. Stated that if the voters do not approve the ballot measure, the money must be returned between the date of the Election November 2, 1982 and June 30, 1983. Presented a list of permissible taxes and fees that could be rescinded, said list constituting almost all the taxes and fees the City now collects directly. Presented alternatives: Partial return through property tax with the balance to be submitted to the voters for use on capital improvements; or total return of the money through tax reduction by first levying additional taxes to pay the City's portion to the Public Employees Retirement System (PERS), then use the Gann excess to pay property owners' taxes; both methods required to be submitted to the County prior to September 1, 1982. After discussion, the Council agreed that the measure on the ballot should include the total amount of money to be returned ($2,345,538.00) City Attorney Allen read the revision as it would appear in the resolution calling for a special election: "Shall an ordinance be adopted which changes the City's appropriations limit for the fiscal year 1980 -81 and which provides that $2,345,538.00 effected thereby be placed in a special account to be expended only as directed by the voters ?" Thereafter, motion was made by Councilman Johnson, seconded by Councilman Siadek, that the following resolution, as hereinbefore revised, entitled: X ;4t') RESOLUTION NO. 3162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982, FOR THE PURPOSE OF SUB- MITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO THE APPROPRIATIONS LIMIT OF ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION (THE GANN INITIATIVE) FOR THE 1980 -81 FISCAL YEAR AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE which was read, be adopted. On roll call, said motion carried by unanimous vote. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the following resolution, incorporating the same dollar figure as the before - mentioned resolution, entitled: RESOLUTION NO. 3163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CON- SOLIDATE A SPECIAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 2, 1982, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE which was read, be adopted. On roll call, said motion carried by unanimous vote. Council discussed the matter of writing an argument in favor of the measure for insertion in the voter's pamphlet. It was agreed that Councilmen Armstrong and Johnson would author the argument and that all Council members would sign it. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE which was read, be adopted. On roll call, said motion carried by unanimous vote. City Clerk Burrowes advised that arguments must be filed in her office by 5:00 o'clock p.m., August 16, 1982. The Council agreed, that-because of time restraints, rebuttal arguments would not be accepted. Motion was made by Councilman Armstrong, seconded by Councilman Johnson, that the City Attorney prepare an impartial analysis of the measure to appear on the ballot and forward to the City Clerk for inclusion in the voter's pamphlet. Motion carried. -2- Council Minutes August 3, 1982 X ; % .4.i. 7. REPORTS OF COMMITTEES a. Sister City Committee. Mayor Bue reported on the visit of representa- tives from Guaymas, Mexico, including the new mayor and the outgoing mayor of that city. Stated he and the incoming mayor discussed the need for year - round effort in order to have a good, effective Sister City program. b. Rapid Transit District. Councilman Johnson advised that an office opened in the Del Amo Center for the sale of monthly passes and for public relations to better inform the people of services available. C. Citizens Commitee on abandonment of rail service through the beach cities. Councilman Johnson advised a meeting would be held Monday night to discuss the possibility for trolly service, using the abandoned tracks. d. South Bay Regional Public Communications Authority. Councilwoman Synadinos reported the Center had outgrown its present facilities and were looking at a vacant school in Hawthorne, at half the rent cost. Stated complaints from E1 Segundo about service diminished considerably in the past two months. e. South Bay Juvenile Diversion Program. Councilman Siadek reported that funding problems still prevail. f. LAX Corridor Study. Mayor Bue reported the study was moving along quickly and E1 Segundo would be more aware of what is happening from now on. 8. ORAL COMMUNICATIONS Mr. John Armstrong, 1216 East Mariposa Avenue, asked the Council to pass a law to make dog owners responsible for their animals' behavior, to keep them on a leash and clean up after them. City Manager Jones stated staff could research this. Mr. Dennis Martin, 816 East Grand Avenue, thanked the Council for putting the Gann measure on the ballot. 9. CONSENT CALENDAR Requests were made to discuss Items (f) and (g). Thereafter, motion was made by Councilman Johnson, seconded by Councilman Siadek and unanimously carried, that the balance of the items on the Consent Calendar be approved as follows: a. and b. Minutes of regular City Council meetings held June 15, 1982 and July 6, 1982 approved as written C. Warrants Nos. 75836 - 76003 on Demand Register Summary No. 2 totaling $840,933.63 ratified and approved. d. Judy Arvizo Lewis Petition to File a Late Claim against the County of Los Angeles and the City of E1 Segundo, Superior Court Case C 392511 approved forwarding petition to the City Attorney for action e. Malcolm Construction, Inc., Complaint for Damages against R & L Sewers, City of E1 Segundo, et al,for breach of contract, Municipal Court Case C 96970 approved forwarding complaint to the City Attorney for action h. Completion of Slurry Seal Program for 1981 -82 by Ted R. Jenkins Company in accordance with Specification No. 82 -1 accepted as satisfactory on July 11, 1982. i. Completion of Improvements of Holly Avenue between Washing- ton Street and Illinois Street by Sully- Miller Contracting Company in accordance with Specification No. 81 -5 accepted as satisfactory on July 12, 1982. -3- Council Minutes August 3, 1982 X - if i / 420 10. CALL ITEMS FROM CONSENT CALENDAR f. Safwat A1- Quarani complaint for damages against Police Lt. Richard S. Leigh, City of E1 Segundo and Hacienda Hotel, Superior Court Case SWC 06263 City Attorney Allen requested this matter be discussed in closed session along with the item listed on the agenda for his reporting on the same subject. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that subject matter be discussed in closed session. Motion carried. g. Hughes Aircraft Company request for 1 -year extension of permit for two trailers at 1920 East Maple Avenue Mayor Bue announced that due to possible conflict of interest, he would not participate in the discussion or action of this matter. and, therefore, turned this portion of the meeting over to Mayor pro tem Armstrong. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that subject request be approved, said permit to expire July 1, 1983. Motion carried with the Mayor not voting. 11. WRITTEN COMMUNICATIONS a. Letters from International Rectifier, Mr. Steven Claman and Detroit Products Company requesting reconsideration of the closing of Washington Street at Holly Avenue Motion was made by Councilman Armstrong, seconed by Councilman Siadek, that the letters be received and filed. On roll call, said motion carried by the following vote: AYES: Council Members Armstrong, Siadek and Synadinos NOES: Councilman Johnson and Mayor Bue ABSENT: Council Members None b. Petition concerning the excessive noise coming from Wyle Labs, at 128 Maryland Street, signed by 19 residents at 910 E. Grand Avenue City Manager Jones reported that Mr. Arnold, the circulator of the petition, asked that this matter be brought to the attention of the Council, even though Wyle Laboratories had taken remedial measures satisfactory to the petitioners. 12. REPORTS OF OFFICERS a. City Manager Jones 1) Wage adjustments for part -time, temporary employee positions Advised that subject employees were not part of a represented employee group for wage negotiations and in order to keep the salaries for these positions competitive, recommended adoption of a resolution adjusting the wages. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 1A3.020 OF CHAPTER IA3 (GENERAL GOVERNMENT) OF TITLE 1A OF THE EL SEGUNDO ADMINISTRATIVE CODE (PART -TIME TEMPORARY PERSONNEL AND WAGE RATES. -4- Council Minutes August 3, 1982 :� ,13 which was read, be adopted. On roll call, said motion carried unanimously adopting Resolution No. 3165. 2) Installation of Ride - Sharing signs on public property Advised that Commuter - Computer would like to promote ride sharing and asked that the City erect signs at strategic locations. Suggested instal- lation of signs at Sepulveda and Imperial, Sepulveda and Rosecrans, Aviation and Imperial, E1 Segundo Boulevard west of Isis Avenue, Rosecrans and Aviation and E1 Segundo Boulevard east of Douglas Street. Mr. Peter Valk, Director of Commuter- Computer,advised the signs were offerred for placement on rights of way in the City. Councilwoman Synadinos suggested that signs be placed on the west City boundary at Imperial and on Grand Avenue, as well as the other locations mentioned. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the offer of Commuter- Computer be accepted and Ride - Sharing signs be erected by City forces at eight locations. Motion carried unanimously. 3) Fire System Master Plan Recommended that the Council approve hiring a consulting firm that has expertise in subject matters rather than paying overtime for Fire personnel to do this work. Stated that staff could prepare a Request For Proposal and present it to the Council for approval. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that a Request For Proposal be prepared for bids on a Fire System Master Plan for El Segundo and said RFP presented to the Council for approval. b. City Attorney Allen 1) Consideration of request from Police Lt. Richard Leigh that the City provide a defense in the civil action initiated by Mr. Safwat A1- Quarani Asked that this item be discussed in closed session. C. Director of Public Works Glickman 1) Acceptance of Project No. 81 -9, Installation of Irrigation System and Landscaping at Washington Park by Jerol Corporation and assessment of liquidated damages Advised that 45 days' overtime had been assessed at $100 per day in accord- ance with contract provisions. Also advised that $1,500 was being withheld from payment until after the 90 -day maintenance requirement was satisfied. Recommended the Council concur in the assessment damages and accept the job as complete as of July 12, 1982. Mr. Jess Barraean, president of Jerol Corporation, related the reasons for the delay and asked the Council's consideration in reducing the assessment. After discussion, motion was made by Councilman Siadek, seconded by Mayor Bue, that staff's recommendation for liquidated damages in amount of $4500 be approved and that the project be accepted as complete as of July 12, 1982. Motion carried by the following vote: AYES: Council Members Armstrong, Johnson, Siadek and Mayor Bue NOES: Councilwoman Synadinos ABSENT: Council Members None -5- Council Minutes August 3, 1982 X %.1;1 2) Acceptance of Project No. 81 -6, Douglas Street Water Line Phase II by R & L Sewers, Inc., and assessment of liquidated damages Advised that 54 days' overtime had been assessed at $100 per day in accord- ance with contract provisions, but upon staff's review and recall of the circumstances regarding a pipeline crossing Douglas Street, not shown on substructure maps, which had resulted in approximately 10 days delay, it seemed appropriate to reduce the time to 44 days. Reported that stop payment notices had been received from Subcontractors Wm. Malcolm Construc- tion Company, Inc., in amount of $5,617 and Underground Shoring Specialists in amount of $1,175.13 for which a bond, amounting to $7,021.25 had been received from R & L Sewers to cover the Malcolm Stop Notice. Recommended that the bond to release money withheld on claims for $7,021.25 provided by R & L Sewers, Inc., covering Wm. Malcolm Construction Company's Stop Notice be approved; the contract accepted as complete as of June 22, 1982; the assessment of $4,400 in liquidated damages for 44 days' overtime at $100 per day be approved; and the withholding of $1,175.15 from final payment to R & L Sewers be approved pending release of the Stop Payment Notice to underground Shoring Specialists. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that the Director of Public Works' recommendations be approved. Motion carried unanimously. 3) Extension of contract for residential refuse collection with Eagle Refuse Hauling Advised that subject contract would expire in January, 1983 and selection of a contractor should be made 3 or 4 months prior to expiration of the contract. Presented the pros and cons of going out to bid and renegotiations for an extension with the present contractor. Council discussed the recent experiences the City of Redondo Beach had in soliciting for subject services. Mayor Bue suggested that if negotiations with Eagle Refuse Hauling would result in getting a bid as low or lower than that received by Redondo Beach, it may be well to negotiate rather than go out to bid. After furrher discussion, motion was made by Councilman Siadek, seconded by Councilman Johnson, that staff negotiate for a fair price for future refuse collection with Eagle Refuse Hauling, said price to be at least commensurate with the bid received by Redondo Beach for this service. On roll call, said motion carried by the following vote: AYES: Council Members Johnson, Siadek and Mayor Bue NOES: Council Members Armstrong and Synadinos ABSENT: Council Members None 4) Installation of stop signs at Hillcrest and Maple Avenue and California Street at Acacia Avenue Explained the criteria used in the installation of stop signs and presented warrant sheets which indicated the subject intersections did not meet that criteria. Therefore, recommended disapproval of the signs at subject locations. After discussion, motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING A CERTAIN SUBSECTION OF RESOLUTION NO. 3113 (THE TRAFFIC RESOLUTION) AS AMENDED WHICH SAID SUBSECTION RELATES TO STOP INTERSECTIONS (MAPLE AVENUE) which was read, be adopted. Council Minutes August 3, 1982 )( ' 0' ,i On roll call, said motion carried by the following vote: AYES: Council Members Armstrong, Siadek and Synadinos NOES: Councilman Johnson and Mayor Bue ABSENT: Council Members None Motion was made by Councilwoman Synadinos, seconded by Councilman Armstrong, that the following resolution, entitled: RESOLUTION NO. 3167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING A CERTAIN SUBSECTION OF RESOLUTION NO. 3113 (THE TRAFFIC RESOLUTION) AS AMENDED WHICH SAID SUBSECTION RELATES TO STOP INTERSECTIONS (ACACIA AVENUE) which was read, be adopted. On roll call, said motion carried by the following vote: AYES: Council Members Armstrong, Siadek and Synadinos NOES: Councilman Johnson and Mayor Bue ABSENT: Council Members None RECESS: At the hour of 10:00 o'clock p.m., the Mayor declared a short recess. At the hour of 10:05 o'clock p.m., the Council reconvened, all members being present and answering roll call. 13. UNFINISHED BUSINESS a. Ordinance amending the Municipal Code relating to auctions City Attorney Allen presented subject ordinance, amended as directed by the City Council at the last meeting, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO,, CALIFORNIA, AMENDING CHAPTER 5.20 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO AUCTIONS AND CLOSING -OUT SALES which title was read. Upon motion duly made and carried, further reading of the ordinance was waived. Thereafter, said ordinance was re- introduced by Councilman Siadek. b. Ordinance granting an Unclassified Use Permit to Kilroy Industries for a Helistop at 2250 East Imperial Highway The City Attorney presented subject ordinance, entitled: ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING AN UNCLASSIFIED USE PERMIT 82 -1 SUBJECT TO CERTAIN LIMITATIONS AND CONDITIONS, TO KILROY INDUSTRIES, TO ESTABLISH AND OPERATE A HELISTOP ATOP A BUILDING AT 2250 EAST IMPERIAL HIGHWAY BETWEEN DOUGLAS STREET AND NASH STREET WITHIN SAID CITY which title was read. Upon motion duly made and carried, further reading of the ordinance was waived. Thereafter, motion was made by Councilman Johnson, seconded by Councilman Siadek, that said ordinance be adopted. On roll call, said motion carried unanimously. C. Ordinance relating to regulations and parking requirements in C -3 zones The City Attorney presented subject ordinance, entitled: -7- Council Minutes August 3, 1982 X ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COM- PREHENSIVE ZONING ORDINANCE) OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATIONS OF THE C -3 ZONE, AND OFF - STREET PARKING AND LOADING REQUIREMENTS which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Siadek, seconded by Councilman Johnson, that said ordinance be adopted. Motion carried by the following vote: AYES: Council Members Johnson, Siadek and Mayor Bue NOES: Council Members Armstrong and Synadinos ABSENT: Council Members None Councilwoman Synadinos stated she did not think the ordinance was restric- tive enough to protect the rights of the residents. Councilman Armstrong concurred that the requirements are not quite severe enough next to residential properties. d. Ordinance prohibiting installation of untreated wood shingle roofs The City Attorney presented subject ordinance, entitled: ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 16.04 (THE BUILDING CODE) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTIONS THERETO PROHIBITING UNTREATED WOOD SHINGLE ROOFS which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, motion was made by Councilman Johnson, seconded by Councilman Siadek, that said ordinance be adopted. On roll call, said motion carried by the following vote: AYES: Council Members Armstrong, Johnson, Siadek, and Mayor Bue NOES: Councilwoman Synadinos ABSENT: Council Members None City Attorney Allen announced he would like to meet in closed session to discuss one matter of litigation and Mr. Jones would like to discuss salary negotiations. 14. NEW BUSINESS a. Councilman Siadek asked, since the C -3 zoning was being changed, was there any need to keep this zone under the building moratorium. After discussion, motion was made by Councilman Siadek, seconded by Councilman Johnson, that the C -3 zone be excluded from the restrictions under the building moratorium. Councilwoman Synadinos questioned taking this action prior to completion of the traffic study, and asked when would be the earliest a building per- mit could be issued after the action is taken. City Attorney Allen advised that if an ordinance were introduced at the next Council meeting, deleting the C -3 zone from the building moratorium, and adopted at the next following Council meeting, it would be early October when the change in the moratorium ordinance would be effective and building permits could be issued. After further discussion, the aforesaid motion carried unanimously. -8- Council Minutes August 3, 1982 X =,;-t; b. Councilman Siadek talked about Driver Obedience in regard to stop signs and stop lights; that he thought having the signals operating late - at night in central part of E1 Segundo was encouraging driver disobedience. Suggested the signals be changed to the flasher type during the night hours. City Manager Jones advised these type signals were on order. c. The Mayor asked Council members to turn in their appointments for the Advisory Committee to the Economic Base Study 15. ORAL COMMUNICATIONS Mr. Art Miller, 324 -332 Washington Street, objected to the barricade on Washington and asked for Council reconsideration to give the people involved a chance to speak. Mr. Gary Wallace,Detroit Products, asked that his letter be kept active that he would reserve his comments for the Council's next move on the matter of the barricade. RECESS At the hour of 10:45 o'clock p.m., the Council recessed to the Mayor's Office for a closed session to discuss one matter of litigation and salary negotiations. At the hour of 11:55 o'clock p.m., the Council reconvened, all members being present and answering roll call. The Mayor advised that the items pending in regard to the complaint against Police Lt. Richard S. Leigh, Superior Court Case SWC 062623 would be acted upon at this time. Motion was made by Councilman Siadek, seconded by Councilman Armstrong that forwarding of subject complaint to the City Attorney for action be ratified and approved. Motion carried. City Attorney Allen advised he would respond to Lt. Leigh's request that the City provide his defense in Superior Court Case SWC 062623 in confor- mance with instructions given in the closed session. 16. ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned in memory of Mr. Noel Eckersley husband of the El Segundo City Treasurer; the hour of adjournment of this meeting being 12 :00 midnight. APPROVED Z William D. Bue, Mayor Respectfully submitted, Valerie A. Burrowes, City Clerk -9- Council Minutes August 3, 1982