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1982 AUG 17 CC MINX -74S MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL August 17, 1982 I 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. II PLEDGE OF ALLEGIANCE was led by Councilman Charles Armstrong III INVOCATION was delievered by Police Captain Clark Devilbiss IV ROLL CALL Present: Council Members Armstrong, ,Johnson, Siadek, Synadinos and Mayor Bue Absent: Council Members None V PRESENTATIONS A. Certificate of Appreciation to Mr. Jack Trystman for his services as Chairman of the Noise Abatement Committee Mayor Bue presented Mr. Trystman with a plaque in appreciation of his many loyal years of service to the City. Mr. Trystman thanked the Council for the honor and stated he would remain active in civic affairs. B. Proclamation declaring August 1982 as THE SOUTH BAY CENTER FOR COUNSELING MONTH The Mayor read the proclamation. Mr. Greg Mooney accepted the proclamation from the Mayor and informed the Council and audience that the Center was located in Manhattan Beach and was available to all those who need the help. C. City Manager Jones introduced the City's new Director of Finance, Jose Sanchez and also introduced Ms. Eileen Hunter, the new Administrative Secretary. VI SPECIAL ORDER OF BUSINESS A. Appeal of Mr. David Carr from Planning Commission denial for zone change at 947 Cedar 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 advised that affidavits of publishing and mailing the notice were in her file. The Mayor directed that the files become a part of this hearing and inquired if any written communications had been received, to which the City Clerk advised that none had been received in the City Clerk's office. Planning Director Romaniello reported that a letter had been received from Ray and Yvonne Wills, 224 West Acacia Avenue, dated July 8, 1982, addressed to the Planning Commission, objecting to the requested zone change. Advised that the Planning Commission had denied applicant's request to rezone a portion of the property which is presenity zoned R -1. Stated that 700 square feet of subject site were zoned R -1 and the remaining 3,500 square feet R -3; that under present Code provisions, the site could be built to R -2 standards, allowing one duplex on the property. Recommended that the Planning Commission's findings of denial be upheld. The Mayor inquired if anyone wished to speak regarding this appeal. Mr. David Carr, 7325 Muslo Lane, Carlsbad, owner of subject property, disputed the Planning Commission's reasons for denial. Stated he thought there was a void in the El Segundo Code rather than a conflict; that the buffer weight should be placed on the R -3 portion rather than on the portion zoned R -1. Asked the Council to carefully consider and approve his appeal. After further discussion, and there being no further response, motion was made and carried that subject hearing be closed. Thereafter, motion was made by Councilman Siadek, seconded by Councilman Armstrong, that Mr. David Carr's appeal for zone change he denied, and that the follow- ing resolution, entitled: RESOLUTION NO. 3168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONCURRING IN THE FIND- INGS AND DETERMINATIONS OF THE CITY PLANNING COMMISSION AS SET FORTH IN ITS RESOLUTION NO. 2003; DENYING THE APPEAL OF MR. DAVID CARR IN SAID MATTER; AND ACCORDINGLY DENYING APPROVAL OF ZONE CHANGE NO. 82 -1 which was read, be adopted. On roll call, said motion carried by unanimous vote. B. Reconsideration of the closing of Washington Street at Holly Avenue The Mayor announced that this time had been set aside to hear comments regarding subject street closure. Mr. David Carico, International Rectifier, stated the company did not feel it was given adequate notification of the Council's intent to close the street, which was denial of due process of law. Also stated the company had paid half the cost of fininshing the block of Holly and Washington and shortly thereafter the Washington Street barricades were put in place. Stated the company did not want traffic going into the residential section, but wanted access on the east side and back to Sepulveda Boulevard because the company paid for half that road. Mr. Carico explained that the payment for Holly Avenue improvements was made in exchange for using City property for parking during construction procedures for expansion of the plant. Asked that the barricades he moved to the north side of the street as a second choice if they would not be removed. Mrs. Marsha Stewart, 408 Kansas Street, stated that moving the barrier to the north side would not eliminate the noise from the trucks. Further, that if the businesses had the spirit of cooperation, then business and residents could solve some of the problems, but in the meantime recom- mended the barricade remain on the south side of Washington and maybe erect one on Kansas Street as well. Mr. Joe Hunt, 401 Washington Street, stated he would like Lo have the barricades remain in their present location. Mr. Art. Miller, stated he leases the property at 332 and 324 Washington Street, that he didn't think the area was getting the police patrol that was provided prior to the erection of the barricades and that the break- away barriers could cause damage to vehicles going through. Stated in sixteen years no one had contacted him in regards to traffic or noise and he believed this could be dealt with without the barricades through better communications and cooperation. Mr. Gary Wallace of Detroit Products, 1601 East Grand Avenue, stated that businesses are usually quite cooperative and would work with resi- dents to alleviate the problems; that if the barricade were lifted, the improvement of Washington Street might be considered. -2- Council Minutes August 17, 1982 X" %511) Mr. Michael Myers, 313 Eucalyptus Drive, stated he leases the building at 338 Washington Street, and since the closure, people are using his parking lot for turn - around thoroughfare, so he was not in favor of the barricade. Mr. Art. Miller asked if the closure of the street was backed tip by traffic counts, safety reports, etc. The Mayor replied he did not think the action was backed up by such reports. Council discussed the problems and agreed to leave the barri- cades in place while staff investigated other methods of controlling traffic in that area. Council members Siadek and Synadinos requested that Kansas Street be included in the study. Mr. Gary Wallace stated that the unfinished street has always been a problems for Detroit Products, and when a solution is arrived at regard- ing the barricades, the street will still be a "private" street left in disrepair. Asked the Council to consider this problem. The Mayor asked City Manager Jones to furnish a report on the history of this street at the next meeting. The City Manager reported that recommendations had been submitted to the Council in years past to accept dedication, and International Rectifier's offer to improve that section, an action that would also obligate other property owners on the other side of the street for improvements. Stated that staff would look at all alternatives and report back. VII REPORTS OF COMMITTEES A. Hyperion Energy Recovery System. Councilman Armstrong reported on Environmental Protection Agency hearing held last Thursday where testimony was given by the Pacific Legal Foundation, the City of E1 Segundo and eight other people. Stated the City and the PLF had asked for a 5 -day delay to examine new material, which request was denied. City Manager Jones advised that a decision on the permit is due September 12th, after which the Council has 10 days to ask the EPA for a further hearing to require that all the evidence, showing that sludge is harmful to the ocean, be presented. Further advised that Ms. Kathy Stone would make a full report at the next City Council meeting. VIII ORAL COMMUNICATIONS Mrs. Janice Cruikshank, 150 East Elm Avenue, thanked Mr. Trystman for his services on the Noise Abatement Committee. IX CONSENT CALENDAR Requests were made to discuss Items (E) and (F) separately. 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 recommended: A and B Minutes of the Regular and Adjourned Regular City Council meetings held July 20, 1982, approved as written C Warrants Nos. 76110 - 76176 on Demand Register Summary No. 3 and Expense Checks Nos. 3801 - 3820 on Expense Check Register No. 2 in total amount of $923,933.77 ratified and approved. D Annual supply of asphalt and bitumels. Low bid of Blue Diamond Materials accepted for approximate amounts of Cold Asphalt Mix @ 22.44/ton; Asphalt Concrete @ $20.94 /ton; and Bitumels @ $1.10 /gal. for an approximate total of $33,172. X CALL ITEMS FROM CONSENT CALENDAR E California Alcoholic Beverage Control application for person to person transfer of Off -Sale General License from The Boy's Market, 121 West Grand Avenue -3- Council Minutes August 17, 1982 X Ii Councilman Siadek asked for an explanation of the Fire Chief's report. City Manager Jones explained that the required improvements on which the Chief's original recommendation was made could be handled under the City Code and, therefore, the recommendation for denial of the permit was withdrawn. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that subject ABC application for transfer of license be received and filed. Motion carried. F. Emergency repair of Diesel Pumper Fire Engine #3336 estimated cost of $7,000 Fire Chief Sheldon described the problems with this unit and requested approximately $7,000 be added to the Vehicle Operating Account and that normal bidding procedures be waived for the emergency repair. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the repair of Unit No. 3336 be authorized; that normal bidding procedures be waived; Carmenita Ford be authorized to perform the emergency repair of Unit No. 3336 and approximately $7,000 be trans- ferred from the Unappropriated Reserve of the General Fund to the Fire Department Vehicle Operating Account. Motion carried-by unanimous vote. XI WRITTEN COMMUNICATIONS - None XII REPORTS OF OFFICERS A. City Manager Jones 1. Amendment to the Municipal Code relating to minors soliciting the purchase of alcoholic beverages City Attorney Allen presented an ordinance making it unlawful for anyone under 21 years of age to solicit an adult to purchase alcoholic beverages, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING CHAPTER 9.12 OF THE EL SEGUNDO MUNICIPAL CODE WHICH CHAPTER RELATES TO DRUNKENESS AND INTOX- ICATION which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was introduced by Councilman Johnson. 2. Agreement with El Segundo Chamber of Commerce for promotional services for fiscal year 1982 -83 Recommended approval. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the agreement between the City of E1 Segundo and the Chamber of Commerce for promotional services during fiscal year 1982 -83 be approved; the Mayor authorized to execute said agreement and the City Clerk to attest the same. Motion carried by unanimous vote. 3. Time extensions for temporary buildings during the building moratorium Mayor Bue announced that due to possible conflict of interest, he would not participate in the action or discussion in this matter and, therefore, turned this portion of the meeting over to Mayor pro tem Armstrong. Advised that applications cannot be accepted for final extensions of permits for temporary structures during the building moratorium, and therefore, an ordinance had been prepared to remedy this conflict. -4- Council Minutes August 17, 1982 ;f5� City Attorney Allen presented subject ordinance, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CAHPTER 16.04 (BUILDING CODE) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 16.04.265 RELATING TO EXCEPTIONS AND TIME EXTENSIONS FOR TEMPORARY BUILDINGS, TRAILERS AND STRUCTURES 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. The City Manager announced that he would like to discuss a matter of potential litigation and salary negotiations in closed session with the Council. B. City Attorney Allen 1. Ordinance amending the business license structure of the Municipal Code to permit alternate fees for taxi operating permits entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 5.08 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 5.08.635 THERETO RELATING TO AN ALTERNATIVE BUSINESS LICENSE RATE FOR TAXICABS 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. 2. Ordinance amending the Vehicle For Hire section of the Municipal Code to permit alternate liability insurance provisions entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 5.16.250 OF CHAPTER 5.16 OF THE EL SEGUNDO MUNICIPAL CODE WHICH SECTION RELATES TO INSURANCE AND PERMITS FOR TAXICABS AND VEHICLES FOR HIRE which title was read. Upon motion duly made and carried, further reading of said ordinance was waived. Thereafter, the ordinance was introduced by Councilman Armstrong. 3. Resolution granting taxicab operator permit to United Independent Taxi. Inc. Motion, was made by Councilman Johnson, seconded by Councilwoman Synadinos, that the following resolution, entitled: RESOLUTION NO. 3169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING A CONDI- TIONAL PERMIT TO UNITED INDEPENDENT TAXI (drivers) INC., dba "UNITED INDEPENDENT TAXI," TO OPERATE A TAXICAB BUSINESS IN THE CITY OF EL SEGUNDO which was read, be adopted. On roll call, said motion carried by unanimous vote. C. Director of Public Works Glickman 1. Plans and Specifications No. 82 -11 for painting of government buildings -5- Council Minutes August 17, 1982 XIII Recommended approval of subject specifications and authorization given to advertise for bids, said bids to be received September 21, 1982. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that SPECIFICATION NO. 82 -11 and NOTICE INVITING BIDS FOR THE PAINTING OF VARIOUS GOVERNMENT BUILDINGS IN THE CITY OF EL SEGUNDO, be approved; sealed bids invited by publishing said NOTICE in the form, manner and time required by law; reception of said bids being hereby fixed for 11:00 o'clock a.m., Tuesday, September 21, 1982. On roll call, said motion carried by unanimous vote. 2. Bids for painting elevated water tank, Specification No. 82 -8 Advised that bids had been received on July 7, 1982, as follows: Name Amount of Bid Rustproofing, Inc. $ 16,975.00 XIOS Painting Company $ 48,000.00 McGraw Coatings, International Corp. $ 72,223.99 Clayton Coatings, Inc. $ 75,000.00 AACCO Sandblasting Company $ 75,600.00 Freeman General $ 94,318.00 Recommended that authorization be given to withdraw the low bid, as requested by the bidder; that all other bids be rejected and authorization given to readvertise for subject work, bids to be received September 21, 1982. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the bid of Rustproofing, Inc., be withdrawn, all other bids received be rejected and the bid bonds returned to all bidders. Motion carried by unanimous vote. Thereafter, motion was made by Councilman Armstrong, seconded by Council- man Siadek, that SPECIFICATION NO. 82 -8A and NOTICE INVITING BIDS FOR THE EXTERIOR PAINTING AND INTERIOR COATING OF THE 200,000 GALLON ELEVATED STEEL TANK AT 400 LOMITA STREET IN THE CITY OF EL SEGUNDO, be approved; sealed bids invited by publishing said NOTICE in the form, manner and time required by law; reception of said bids being hereby fixed for 11:00 o'clock a.m., Tuesday, September 21, 1982. On roll call, said motion carried by unanimous vote. 3. Change Order No. 1 to Jerol Corporation contract for Irrigation and Landscaping Washington Park, Project No. 81 -9 Recommended that subject Change Order be approved in amount of $150 for installing one additional sprinkler head. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that Change Order No. 1 to Jerol Corporation contract be approved in total amount of $150.00 and the Mayor authorized to sign said Change Order on behalf of the City. Motion carried by unanimous vote. UNFINISHED BUSINESS A. Ordinance amending Municipal Code relating to Police inspection of merchandize prior to conducting an auction sale entitled: "ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALI- FORNIA, AMENDING CHAPTER 5.20 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO AUCTIONS AND CLOSING -OUT SALES which title was read. ME X7;-1!53 Council Minutes August 17, 1982 V-15.1 Upon motion duly made and carried, further reading of said Ordinance No. 1029 was waived. Thereafter, motion was made by Councilman Siadek, seconded by Councilwoman Synadinos, that said ordinance be adopted. On roll call, said motion carried by unanimous vote. XIV NEW BUSINESS - None XV ORAL COMMUNICATIONS Mrs. Barbara Bicksler introduced the new president of the Chamber of Commerce, Mr. Herb. Pagel. Invited everyone to a Chamber Mixer at the Hacienda Hotel next Wednesday. XVI RECESS At the hour of 9:30 o'clock p.m., the Council recessed to the Mayor's office for a closed session to discuss salary negotia- tions and litigation. At the hour of 10:15 o'clock p.m., the Council reconvened, all members being present and answering roll call. XVII ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned, the hour of adjournment heing 10:16 o'clock p.m. APPROVED: iam D. Bue, Mayor Respectfully submitted, Valerie A. Burrowes, City Clerk -7- Council Minutes August 17, 1982