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1983 MAR 15 CC MIN(596"10 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 15, 1983 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 El Segundo City Hall. II PLEDGE OF ALLEGIANCE was led by Councilman Jack Siadek. III INVOCATION was delivered by Pastor Lawrence Swain of the First Baptist Church IV ROLL CALL Present: Council Members Armstrong, Johnson, Siadek, Synadinos and Mayor Bue Absent: Council Members None V REPORTS OF COMMITTEES A. Recreation & Parks Commissioner Dorothy Doukakis term of office The Mayor announced that Mrs, Doukakis's term of office expires on May 14, 1983, and she had indicated interest in continuing to serve on the Commission. Council discussed the established policy of advertising for applicants whenever a term expires or a vacancy exists, and agreed the policy would be adhered to. Also the limitation of terms on commissions or committees would be discussed at the time the appli- cants for subject office are interviewed. b. Community Cable Television Advisory Committee The Mayor introduced Ms Wendy King and congratulated her on being appointed chairman of subject committee. Ms. King advised the committee was going strong, that they were working on programming priorities for the community. C. Councilman Johnson reported on his discussion with CALTRANS (California Department of Transportation) relative to an overpass on Sepulveda Boulevard; that they will investigate to see if this is feasible. VI ORAL COMMUNICATIONS A. Pastor Lawrence Swain, asked for permission to use amplified sound at Library Park for Easter Sunday Sunrise Services from 6:30 to 7:30 a.m. Motion was made by Councilman Johnson, seconded by Councilman Siadek that Pastor Swain's request be granted and sound limitations be waived for the requested one hour period on April 3, 1983. Motion carried. B. Mr. Dennis Martin,-836 East Grand Avenue referred to Items 1 and 3 under the City Manager's agenda; that he hoped the resolution would be clarified prior to voting. Referring to the implementation of the second half of business license fees, recommended putting the new found windfall of 2 million dollars into the special fund with the Gann money and reformulate fees so that revenues would balance the expenditures. Also stated he did not think the Mayor could vote on this matter and be in compliance with the Fair Political prac- tices Commission regulations. VII CONSENT CALENDAR � F ;A7 t. Requests were made to discuss Items B and D. Thereafter, motion was made by Councilman Johnson, seconded by Councilwoman Synadinos to approve the balance of the items on the Consent Calendar as recommended. Motion carried. A. Minutes of the regular City Council meeting held February 15,1983 approved as written. C. Bids for custodial service for City Buildings Low bid of Spring Maintenance Company for 3 -year contract accepted. VIII CALL ITEMS FROM CONSENT CALENDAR B. Warrants Nos. 78517 - 78710 on Demand Register Summery No. 17 and Expense Checks Nos. 4048 - 4070 on Expense Check Register No. 9 in total amount of $382,599.23 Councilman Armstrorg asked that subject Demand Register and Expense Check Register be forwarded to him in time to review before the Council meeting. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that subject Registers be ratified and approved. Motion carried. D. California Alcoholic Beverage Control application for transfer of Off -sale Wine & Beer License at Virginia Street Market, 601 Virginia Street Councilman Siadek protested this license since he believed the market was within 150 feet from a school and church and it was known to sell to minors. Asked that the Planning Department check this to see if this would qualify for a Conditional Use Permit. This item was held in abeyance until checked by Planning Department personnel. IY WRITTEN COMMUNICATIONS A. Request for permission to hold an All -night Senior Partv at Recreation Park Clubhouse on June 16, 1983 Motion was made by Councilman Siadek, seconded by Councilman Johnson, that subject request be granted. Motion carried. B. Redondo Beach City Resolution of Intention No. 6151 to withdraw from the South Bay Regional Communications Center, effective ,Tune 30, 1983. Councilwoman Synadinos reported on a special meeting of the Board of Directors of the Communications Center. Stated she asked the City's consultant for figures on the feasibility of operation without Redondo Beach, which she thought were needed before making a firm commitment. Hearing no objections, the Mayor ordered the Resolution received and filed. X REPORTS OF OFFICERS A. Acting City Manager Northcraft 1. Effective date of Resolution No. 3184 to implement the provisions of the California Environmental Quality Act of 1970 -2- Council Minutes March 15, 1983 Councilman Siadek announced that due to possible conflict of interest he would not participate in the discussion, or action of this matter. The Acting City Manager reported a resolution had been prepared to clarify Resolution No. 3184, exempting projects which had permits applied for, but not issued on or before adoption of the resolution on December 21, 1982. Councilman Armstrong stated it was important to have the date definitely established, so there would be no misunderstanding in the years to follow as to which projects were subject to the terms of Resolution No. 3184, and it would also provide a tool for stricter enforcement. Building Safety Director Dalgleish reported that on -going projects and those only on paper had been reviewed; that The Environmental Quality Board had discussed environmetal and non - environmental matters that would affect the community. Stated he had assured Councilman Armstrong that tKE impacts of the Hometel project on neighbors are the types of problems handled by staff working with developers to the best interest of the community, and staff had the means to assure that proper action is taken. After further discussion, Councilman Armstrong asked that a sentence be inserted in the proposed resolution to the effect that the projects have received Environmental Quality Board assessment. Acting City Attorney Thorson proposed the change by adding Section 2 to read, "The City Council finds and declares that the projects described in sentence I of Section 1 have undergone an informal Environmental Quality Board review." Motion was made by Councilman Armstrong, seconded by Councilman Johnson, that the resolution as amended, entitled: RESOLUTION NC. 3196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PRESCRIBING THE EFFECTIVE DATE OF RESOLUTION NO. 3184 (THE IMPLEMENTATION OF THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970) which was read, be adopted On roll call, said motion carried by the following vote: Ayes: Council Members Armstrong, Johnson and Mayor Bue Noes: Councilwoman Synadinos Absent: Council Members None Not Voting: Councilman Siadek 2. Report on private and public property storm damage Presented subject report on the extent of damage caused by the recent heavy rainfall. Mayor Bue advised that claims for damages should be turned into the City within 100 days. Th9 Mayor ordered the report filed. 3. Implementation of second half of Business License fees Reported that Counci Ist of January, 1983 lished and collected required for working mended that the fees the first half. 1 had approved collecting subject fees on the and that an increased rate schedule be estab- on July 1, 1983. Advised that more time is out a new fee schedule and, therefore, recom- remain the same for the second half of 1983 as -3- Council Minutes March 15, 1983 Councilman Siadek, member of the Economic and Revenue Advisory Committee, advised that the committee had been given a very complex task; that considerable time had been spent in preparation of the questionnaire and identifying revenue sources and analyzing ways and means of tapping the sources. Stated the committee and the consultant, Economics Research Associates, had a slow start, but thought they were on the right track, well worth the extension of time requested by the consultant. Advised that the consultant was preparing a formula for the commit- tee to evaluate new businesses, and proposed and existing projects, which will be ready for the committee meeting on April 6. Mr. Carl Jacobson, vice - chairman of the committee, stated the consultant was not as well prepared as could be, that the committee was now moving forward, but must again wait for the consultant until April 6. Acting City Manager Northcraft advised that the deadline date for imposing the second half of the fees is April 5, after which the consultant planned to hold a public hearing. Mayor Bue asked Councilman Siadek to keep the Council informed. Stated staff was asking for the new fees to go into effect in January, 1984. Asked that the committee set up some milestones and ideas of when recommendations will be brought to the Council, hope- fully in plenty of leadtime so that the Council and businesses will know what to expect. Councilman Siadek stated he thought May I would be an appropriate date for having all recommendations back to the Council. Councilwoman Synadinos suggested putting the new fees on a pro rata basis rather than wait until January 1, 1984 for the new fees to go into effect. Acting City Manager stated it would require changing the ordinance that set out the schedule on a 6- months basis. Councilman Siadek stated he thought cancelling the ordinance, arriving at a new fee structure, and putting that into effect when the committee makes its recommendations, would give time to impose the new fee schedule this year rather than January, 1984. Suggested the new mhelule be imposed on a pro rata basis on the date it is put into effect by the Council and not retroactive. Stated a total package woud be presented by the consultants in May for the Council to study, and more information from the committee could be available for the next City Council meeting. Council asked that the businesses be notified publicly and possibly the Chamber of Commerce would hElp by notifying members of the delay. 4. Abandonment of the AT &SF railroad Reported that the Interstate Commerce Commission (ICC) had ruled that as of March 4, the railroad may be abandoned after a 180 day period to allow for public agencies to arrange to purchase for public transit purposeE. Advised that Hermosa Beach had already authorized an appeal of the ruling and Redondo Beach authorized its staff to investigate the purchase of the property within that city and for the City Attorney to file an appeal. Stated that E1 Segundo had previously retained the Redondo Beach City Attorney to represent this City in matters pertaining to the abandonment and asked the Council if it wished Redondo Beach to file a appeal on behalf of E1 Segundc, that money was available in the original appropriation. -4- Council Minutes March 15, 1983 F;,i;74 Motion was made by Councilman Johnson, seconded by Councilwoman Synadinos, that the City Attorney of Reodondo Beach file on behalf of the City of E1 Segundo, an appeal to the ICC ruling regarding the AT &SF railroad. Motion carried by unanimous vote. 5. South Coast Air Quality Management District Non - Attainment Plan Advised that the U.S. Environmental Protection Agency indicated its intent to disapprove the South Coast Air Quality Management District's Non - Attainment Plan for this region. This action would mean federal funds could be withheld from this area. Stated that the Air Quality Management District had requested a letter be sent to the EPA indicating concern of its position and request that con- sideration be given to not imposing sanctions but instead approve the plan submitted by the AQMD. Motion was made by Councilman Johnson, seconded by Councilman Armstrong, that a letter be sent over the Mayor's signature, opposing the ruling of the ICC. Motion carried. B. Actine Citv Attornev Peter Thorson 1. Interpretation of agreement between City of E1 Segundo and owners of property at northwest corner of the intersection of E1 Segundo and Sepulveda Boulevards (Hessell Site) Advised that the owners of the property requested a phrase be inserted into the agreement between the City and the property owners. Stated it would not affect the City, the purpose was to clarify the intent that the owner of the property at the time of development would be responsible for complying with the provisions of the agreement, rather than the previous owners. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that paragraph 3 of the agreement between the City of E1 Segundo and the owners of subject property, as approved by Resolu- tion No. 3193, be amended to read, "All of the terms, covenants, agreements or conditions required of the Owners in this Agreement shall be binding on the Owners and /or any successor in interest to the Site or any part thereof, but only during each such person's respective ownership thereof, for the benefit of and in favor of the City, its successors and assigns The covenants contained in Paragraphs ](a) through (r) shall remain in perpetuity." On roll call, said motion carried by unanimous vote. C. Director of Public Works Glickman 1. Cleaning of Sanitary Sewer Force Mains. Specification 82 -21 Advised that bids had been received for subject project on March 1, 1983 , which bids were as follows: Name Amount of Bid Flow Line Services Company $ 19,921.00 Flow More Services Corporation $ 22,811.00 Advised that the low bid was $1,021 over budgeted amount. Recommended $1,500 be appropriated from the General Fund Reserve to cover the deficit plus incidental costs and that the low bid be accepted. Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that the following resolution be adopted: -5- Council Minutes March 15, 1983 X F ;,R W- .::REAS, the City of El Segundo, California, duly advertised for bids for cleaning sanitary sewer force mains in accordance with Specification No. 82 -21; and WHEREAS, said bids were received by the City Council on March 1, 1983; and the Director of Public Works found that the bid of Flow Line Services Company in total amount of $19,921 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of El Segundo, that the bid of Flow Line Services Company, the lowest responsible bid, be accepted; and BE IT FURTHER RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized and instructed to execute the contract herein awarded for and on behalf of said City and in its name and the City Clerk to attest the same, affix the seal and make delivery thereof in due course; and BE IT FURTHER RESOLVED, that all bids received, except the bid of Flow Line Services Company, are rejected and the City Clerk is hereby authorized and instructed to return the bid bonds of all unsuccessful bidders. On roll call, said motion carried by unanimous vote. 2. Plans and Specifications No. 82 -14 for Heater Remix and Overlay on Imperial Highway and Mariposa Avenue and recon- struction of the west side of Virginia Street between Walnut Avenue and Sycamore Avenue Recommended approval of the Plans and Specifications and authority given to advertise for bids for subject work, said bids to be received on April 19, 1983. Motion was made by Councilman Johnson, seconded by Councilman Siadek, that the following resolution be adopted: RESOLVED, that "SPECIFICATION NO. 82 -14" and "NOTICE INVITING BIDS FOR HEATER RE- MIX AND OVERLAY ON PORTIONS OF MARIPOSA AVENUE AND IMPERIAL HIGHWAY AND RECONSTRUCTION OF A PORTION OF VIRGINIA STREET AND IMPERIAL HIGHWAY 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, foam and manner as required by law, the date and time for reception of said bids being hereby fixed for 11:00 o'clock a.m., April 19, 1983. On roll call, said motion carried by unanimous vote. -6- Council Minutes March IS, 1983 x ;W7b 3. Plans and Specifications No. 82 -4 for Construction of Storm Drain Laterals in Center Street and Oregon Street, northerly of Franklin Avenue Recommended approval of subject specifications and authority be given to advertise for bids, to be received April 12, 1983. Councilman Siadek asked about going to a special assessment for this type project. Director of Public Works advised this project had been in the Capital Improvement Program for a long time, that assessments involve a time consuming process with some additional costs. Also stated he did not believe these types of projects had been handled this way in the past. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the following resolution be adopted: RESOLVED, that "SPECIFICATION NO. 82 -4" and "NOTICE INVITING BIDS FOR CONSTRUCTION OF STORM DRAIN LATERAL 2CB IN CENTER STREET AND STORM DRAIN LATERAL 2CC IN OREGON STREET 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 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 reception of said bids being hereby fixed for 11:00 o'clock a.m., Tuesday, April 12, 1983. On roll call, said motion carried by unanimous vote. 4. Report on repair of the engine at Pump Station No. 17 - Center Street and Imperial Avenue Reported on the emergency repairs required for storm drainage pro- tection provided by Storm Drain Plant No. 17. Advised he had directed the work to be done by Waukesha Engine Servicenter, Inc., after having polled the Council members. Recommended that this action be ratified and approved and that funds be appropriated from the General Fund Reserve in the amount of $9,675.14 plus an additional cost of $1,075. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that the Director of Public Works recommendations be approved and that funds be appropriated from the General Fund Reserve. Motion carried by unanimous vote. 5. Traffic Control along El Segundo Boulevard Advised the Traffic Committee proposed that experimental traffic control be performed on El Segundo Boulevard, using civilian traffic control officers at the intersections of Sepulveda Boulevard, Aviation Boulevard and Isis Avenue, from April 11 through April 22. Stated that some of the large companies along the corridor have indicated their willingness to participate fiancially. Advised it was planned that officers would be used during the peak traffic periods in the afternoons. Asked that staff be authorized to recruit the necessary officers for traffic control. Motion was made by Councilman Siadek, seconded by Councilman Johnson, that the request to perform experimental traffic.control on El Segundo Boulevard with civilian traffic control officers be approved. Motion carried by unanimous vote. -7- Council Minutes March 15, 1983 XI UNFINISHED BUSINESS X;�; '77 A. Item D of Consent Calendar - application for ABC license for Off -Sale Wine & Beer at Vireinia Street Market Acting Planning Director Lynn Harris reported that if the subject application was for a bar or cocktail lounge in the C -2 zone and was within 150 feet of a church, school or residential property, then a CUP would be required. However, the application is for off -sale beer and wine license which does not allow consumption on the premises. Therefore, it is a principal permitted use in the C -2 zone. Advised no action is required. c_ Motion was made by Councilman Siadek, seconded by Councilman Armstrong, that no protest shall be filed in this matter provided the applicant is advised of the concerns of the Council and the community regarding sale of alcoholic beverages to minors. On roll call, said motion ccarried. B. AIRPORT NOISE MATTERS. Councilman Armstrong reported that a letter was being formulated to go to the Airport Commission President concerning the moving of the Imperial Terminal. Stated this would be ready for Council action at the next Council meeting. C. AIRPORT NOISE NUISANCE SUITS. Councilman Armstrong reported a bill is before the Senate that would outlaw nuisance suits, which if passed, would prevent the City from taking any kind of action on noise violations. Motion was made by Councilman Armstrong, seconded by Councilman Siadek, that this legislation be opposed. Motion carried. D. Councilman Armstrong stated that June I and 2, tentatively scheduled for budget study sessions, would present a conflict in his schedules and he understood other members of the Council had similar conflicts. Councilman Siadek suggested everyone have possible dates for the study sessions ready for discussion at the next Council meeting. E. Councilman Armstrong asked about the interest from the excess Gann Funds. Councilman Johnson stated he understood Acting City Attorney Dolley would report on that upon his return from vacation. F. Councilman Siadek asked each Council member to review the metal structures and maybe something could be done about them. G. Councilman Siadek inquired if remedial action could be taken in areas where reports have come in regarding mosquito nuisances. Staff was asked to look into this matter and take appropriate action. XII NEW BUSINESS A. Mayor Bue referred to a letter he received from the Mayor of Burbank containing information that Federal Communications Commission rules allow broadcasters the opportunity under commen- tary to defame individuals and to insult without fear of retribu- tion or requirement to be fair. Stated the Fai -nesE and Political Programming branch of the FCC is promoting fairness by maintaining and strengthening both the fairness doctrine and personal attack rule, which would give more opportunity to defame. Stated he thought a letter of protest would be in order. Council agreed and by mutual consent asked staff to draft a letter for the Mayor's signature. -8- Council Minutes March 15, 1983 x7;,C's77.5� XIII ORAL COMMUNICATINS A. Mr. Dennis Martin, 836 E. Grand Avenue, made comments regarding the pro ration of business license fees and the resolution implementing the California Environmental Quality Act provisions IX RECESS At the hour of 9:20 o'clock p.m., the Council recessed to the Mayor's Office for a closed session to discuss personnel matters. At the hour of 9:43 o'clock p.m., the Council reconvened, all members being present and answering roll call. X ADJOURNMENT No other business appearing to come before the Council at this session, the Mayor declared the meeting adjourned, the hour of adjournment being 9:45 o'clock p.m. APPROVED: Wil ism' D. Bue,yMayor Respectfully submitted, Valerie A.Burrowes, City Clerk, -9- Council Minutes March 15, 1983