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1984 MAR 20 CC MIN"Y —• t ►_1:�3 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 20, 1984 I CALL TO ORDER The E1 Segundo City Council convened in regular session on Tuesday, March 20, 1984 at 7:00 p:m. in the Council Chamber of the.E1 Segundo'City Hall. II PLEDGE OF ALLEGIANCE was led by Finance Director Jose Sanchez. III INVOCATION was delivered by Pastor Timothy Schepman of St. John's Lutheran Church. IV ROLL CALL Present: Council Members Armstrong, Johnson, Siadek, Synadinos and Mayor Bue Absent: Council Members None V PRESENTATIONS A. The Mayor read a Proclamation declaring April 1 -7, 1984 as Health Fair Expo Week. The Proclamation was accepted by Judy Rubin, Public Relations Director of the Memorial Hospital of Hawthorne. VI SPECIAL ORDER OF BUSINESS A. Presentation by Mr. Don Camph, Executive Director of El Segundo Employers Association, Concerning Current ESEA Activities Mr. Camph stated in the past ESEA has focused on ridesharing and transportation systems management. He stated they plan to continue in that vein by working with Commuter Computer to provide continuity in ridesharing activities and by working at tele- substitution, which is a means of using tele- communications technology as a substitute for the physical movement of people. Mr. Camph stated ESEA plans to add a third dimension to their objectives, that being infrastructure. He stated they have identified a number of projects on Sepulveda Boulevard, which when implemented together will materially improve the traffic flow in that corridor. He stated four of the projects totaling $6.5 million are ranked in the top third out of all County -wide projects in that funding category by the Los Angeles County Transportation Commission ( LACTC). Mr. Camph also stated ESEA supports the light rail system in the South Bay and on the Century Freeway. He reported ESEA is working with the.cities to develop strategies which will place these projects at the top of the LACTC priority list. Councilman Siadek suggested ESEA develop better communications with the residential community. Mr. Camph stated they plan to resume their newsletter, The Green Light, which will better inform the residents as to ESEA's accomplishments. B. Appeal of Business Registration Classification by Republic Airlines Finance Director Jose Sanchez stated Republic Air- lines operates a reservation center and office at 185 Douglas Street and employees 226.employees at that facility. He stated the City's interpretation of the business.conducted by Republic falls within the category defined in the El Segundo Municipal Code as "Retail Business" and subject to the busi- ness registration tax'of a.$50 base'fee plus $20 per employee in excess of 10.' Republic Airlines is appealing that classification as they feel they should be taxed under the category of "Business Generally ", which fee is only.$50.' Mr. Sanchez stated the City Attorney reviewed this matter and has indicated the Code was properly interpreted and has been applied to similar businesses. Therefore, Mr. Sanchez recommended the rejection of Republic Airlines' appeal. Robert'Jason, attorney for Republic Airlines, then outlined the basis of their appeal. He stated the Municipal Code does not clearly define a retail business. He stated pursuant to the dictionary, a retail business is involved in the sale of goods. He stated Republic is a service provider. Mr. Jason then presented Council with a copy of excerpts from the 1983 -84 Economic Base Study. He stated the definition of the service industry in Table VII -10 of the report more closely describes the nature of Republic Airlines' business rather than the definition of the retail industry. Mr. Jason then pointed out that the sales tax imposed on retail sales does not apply to the sale of airline tickets. Discussion then ensued among the Council as to the merits of the appeal. The conclusion of Council was that the City properly interpreted Republic Airlines' classification for business registration tax purposes. Councilman Siadek also felt penalties for late payment should be assessed. Councilwoman Synadinos stated she did not agree with the penalty assessment since they were in the process of resolving the problem. After further discussion, MOTION WAS MADE BY COUNCILMAN SIADEK, SECONDED BY COUNCILMAN JOHNSON, to deny Republic Airlines appeal and to assess penalties in the amount of $1,356. THE MOTION WAS CARRIED BY THE FOLLOWING VOTE: Ayes: Councilmembers Armstrong, Johnson, Siadek and Mayor Bue Noes: Councilwoman Synadinos Absent: None -2- Council Minutes March 20, 1984 X ``♦ VII REPORTS OF COMMITTEES. A. Parks and Recreation Commission Mayor Bue stated a letter had been received from Mr. John Lowe, Chairman of the Parks and Recreation Commission, indicating he would not seek reappoint- ment. Mayor Bue commended Mr. Lowe for his 16 years service on the Commission. The Council then discussed methods in which to fill the upcoming vacancy.* Mayor Bue indicated some cities advertise once a year and refer to the applications as vacancies.occur. It was decided that Councilmembers Johnhon and Synadinos would interview other cities as to the methods they use to fill Commission vacancies arid. will report back at a future Council meeting. B. Cable Advisory Committee Councilman Siadek reported subject committee met last week to-discuss budget items. He then requested discussion in closed session on a personnel matter relating to the committee. C. Noise Abatement Committee Councilman Armstrong reported this committee will meet Monday, March 26, 1984 at 7:30 p.m. VIII ORAL COMMUNICATIONS A. Kirsten Goulde, 1010 E. Imperial Avenue, Governor of the Senior Class at E1 Segundo High School, requested Council authorization to use the Recreation Clubhouse for the 4th Annual Overnight Senior Party on June 20, 1984 from 10:00 p.m. to 6:00 a.m. She stated the concept for the party arose out of concern for the safety of the graduating seniors. MOTION WAS MADE BY COUNCILMAN JOHNSON, SECONDED BY COUNCILMAN ARMSTRONG, to approve the request. THE MOTION WAS CARRIED UNANIMOUSLY. B. Dennis Martin, 836 E. Grand Avenue, questioned the propriety of City Council members that are also candidates for reelection appearing on cable television in other than their official capacity. He stated he was concerned the other candidates were not receiving equal exposure. Councilwoman Synadinos stated this might be an appropriate issue for the Cable Advisory Committee to discuss. Councilman Siadek stated he would relay the matter to the committee. C. Gerhardt Van Drie, 724 W. Pine Avenue, questioned Councilman Siadek about his involvement in two businesses. He stated he was concerned that Mr. Siadek was operating a business without a license. Mayor Bue stated this was not a matter for the Council to consider but rather a discussion Mr. Van Drie should have with Councilman Siadek personally. He then reminded Mr. Van Drie that the podium was not to be used for political speeches. -3- Council Minutes March 20, 1984 X 61 56 IX CONSENT CALENDAR MOTION WAS MADE BY COUNCILMAN JOHNSON, SECONDED BY COUNCILMAN ARMSTRONG, AND UNANIMOUSLY CARRIED, that the items on the Consent Calendar be approved as follows: A. Minutes of the Regular City Council Meeting of February 7, 1984 APPROVED AS WRITTEN B. Minutes of the Regular City Council Meeting of February 21, 1984 APPROVED'AS WRITTEN C. Warrants Nos. 82630 -82804 on Demand Register Summary No. 17 and Expense Checks on Expense Check Register No. 9 RATIFIED AND APPROVED D. Claim for Damages Relating to Chemical Explosion (Jeffry Abate, Kathleen Benz, Johnney Burdett, Timothy Draper, Eugene Gorman, Bill Hoffineister, Ronald Jordan, Joseph Nazaerwashi, Billy O'Neil, William Oswald, James Pinter, Ulysess Richardon, Mark Smith and Dana Thomas) ALL CLAIMS DENIED E. Chevron, U.S.A., Inc. Request for 2nd Year Extension of Trailer Permit Located at 324_ W. E1 Segundo Blvd. (Complex #302) EXTENSION APPROVED TO MARCH 31, 1985 F. Chevron, U.S.A., Inc. Request for 2nd Year Extension of Trailer Permit Located at 324 W. E1 Segundo Blvd. (Complex #303 EXTENSION APPROVED TO APRIL 14, 1985 G. Acceptance of Work for the Replacement/Reconstruc- tion of Chain Link Fencing at Recreation Park WORK ACCEPTED AS SATISFACTORILY COMPLETE AS OF MARCH 2, 1984 H. Resolution Establishing Loan from the General Emergency Contingency Reserve Fund to Finance Construction of the Small Hydroelectric Project THE FOLLOWING ENTITLED RESOLUTION WAS ADOPTED: RESOLUTION NO. 3251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA LOANING MONEY FROM THE GENERAL EMERGENCY CONTINGENCY RESERVE FUND TO CONSTRUCT A HYDROELECTRIC PLANT I. State Alcoholic Beverage Control, Application from Rafael Cifuentes (dba Casa Rafael, 223 Richmond Street) for an On Sale Beer & Wine Eating Place License RECEIVED AND FILED -4- Council Minutes March 20, 1984 X XI XII J. Recommendation Regarding Approval of Change Order No. 2 and Acceptance of the Work for Modificatiols, to Sanitation Pumping Plant No. 5, Center Street North of Oak Avenue - Project No. 81 -11 CHANGE ORDER NO. 2 APPROVED AND CONTRACT ACCEPTED FOR THE MODIFICATIONS IN -THE AMOUNT OF $70,353.45 AS COMPLETE AS OF FEBRUARY 1, 1984 CALL ITEMS FROM THE CONSENT CALENDAR None WRITTEN COMMUNICATIONS A. Letter from Southern California Rapid Transit District Requesting Support of the Metro Rail Project Councilman Johnson stated that by supporting this matter, the Council is supporting the entire light rail system. Therefore, MOTION WAS MADE BY COUNCILMAN JOHNSON, SECONDED BY MAYOR BUE, that the following resolution entitled: RESOLUTION NO. 3252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING FOR THE FEDERAL URBAN MASS TRANSPORTATION ADMINISTRATION TO ACT ON THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT METRO RAIL PROJECT which was read be adopted. THE MOTION WAS CARRIED UNANIMOUSLY. B. Request of Redondo Beach City Council to Support HR 5469 to Correct a Deficiency in Social Security Legislation Known as the Notch Botch City Manager Jones suggested this matter be tabled until further information could be obtained. There being no objections from the Council, Mayor Bue ordered the matter tabled. C. Letter from Bebe Buchen Requesting Use of the Recreation Park Clubhouse for the All Night Senior Party City Clerk Burrowes had been addressed cations, no further REPORTS OF OFFICERS A. City Manager Jones stated that since this matter and resolved under Oral Communi- action was needed by Council. 1. Recommendation to Oppose Los Angeles Department of Airport's Plan to Locate Two New Airlines at the Imperial Terminal Mr. Jones stated the Department of Airports has been holding variance hearings for two new aircraft companies, British Midland Airways and Classic Air. Those companies plan to operate out of the Imperial Terminal. He stated the -5- Council Minutes March 20, 1984 fX �► 5 Board of Airport Commissioners will consider the variance request of Britsh Midland Airways on April 4. The Classic Air application is pending because the company has not received certification from the FAA for the aircraft they plan to operate. Mr. Jones stated the Department of Airports appear to be reneging on their commitment to discontinue use of the Imperial.Terminal. Therefore, he recommended the Council make a firm statement to the-Board of Airport Commissioners on April 4 opposing any new aircraft operations and also direct the City Attorney to explore what basis there may be for legal action in the event the Board allows aircraft operations at the terminal. The Council unanimously agreed to follow Mr. Jones' recommendation. 2. Recommendation to Release the $125,000 Cash Performance Bond for Completion of New and Additional Parking at the Hacienda Hotel Mr. Jones stated in August, 1979 the Hacienda Hotel asked if they could submit subject bond in order to get temporary occupancy of a new addition to the hotel since they had not completed the parking lot improvemens.at that time. He stated the bond has been extended by the Council on an annual basis. Mr. Jones stated the Hacienda has now completed the improvements and have met all the require- ments of the original bond. Therefore, he recommended the Council authorize the City Treasurer to release the bond. In answer to Councilman Armstrong's question, Mr. Jones stated the City's legal fees on this matter could not be recovered from the bond. MOTION WAS MADE BY COUNCILMAN JOHNSON, SECONDED BY COUNCILMAN SIADEK, that the $125,000 Time Certificate of Deposit be returned to Del Rey Capital Corporation (Hacienda Hotel). THE MOTION WAS CARRIED UNANIMOUSLY. 3. Recommendation to Increase Amounts of Public Official Bonds Mr. Jones stated pursuant to the Government Code, the City Council adopted Resolution No. 2272 in 1971, establishing the amount of the public official bonds for the City Clerk as $5,000 and for the City Treasurer and Director of Finance as $100,000. Additionally, pursuant to the-El Segundo Municipal Code, the bond for the City Manager has been established as $10,000. Mr. Jones recommended the Council adopt a resolution at this time increasing the amounts of the bonds to $25,000 for the City Clerk, $100,000 for the Director of Finance, and $250,000 for the City Treasurer and approve an increase in the City Manager's bond to $25,000. -6- Council Minutes March 20, 1984 B. C. MOTION WAS MADE BY COUNCILMAN SIADEK, SECONDED BY COUNCILMAN JOHNSON, that the following resolution entitled: RESOLUTION NO. 3253' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE AMOUNTS OF THE OFFICIAL BONDS OF.THE CITY CLERK, THE CITY TREASURER,.AND THE DIRECTOR OF FINANCE OF SAID CITY; AND RESCINDING RESOLUTION NO.*2272 which was read, be adopted. THE MOTION WAS CARRIED UNANIMOUSLY. Thereafter, MOTION WAS MADE BY COUNCILWOMAN SYNADINOS, SECONDED BY COUNCILMAN ARMSTRONG, to increase the City Manager's bond to $25,000. THE MOTION WAS CARRIED UNANIMOUSLY. City Attorney Dolley 1. Resolution Establishing Terms of Employment and Compensation of City Attorney Mr. Dolley presented a resolution that appoints the City Attorney, fixes his salary and outlines his expenses. MOTION WAS MADE BY COUNCILMAN ARMSTRONG, SECONDED BY COUNCILMAN SIADEK, that the following resolution entitled: RESOLUTION NO. 3254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPOINTING A CITY ATTORNEY, ASSOCIATE CITY ATTORNEY AND FIXING THE COMPENSA- TION FOR LEGAL SERVICES which was read, be adopted. THE MOTION WAS CARRIED UNANIMOUSLY. Director of Public Works Glickman I. Recommendation Regarding Reconstruction of Two Roof Hatches and Waterproofing at Sanitation Pumping Plant No. 13 at the Northeast Corner of Sepulveda Boulevard and Grand Avenue - Project No. 83 -11 Mr. Glickman stated subject project had been advertised for bids on two separate occasions. However, no bids were received. He requested Council authorization to negotiate with local contractors to complete the work by force account. MOTION WAS MADE BY COUNCILMAN SIADEK, SECONDED BY COUNCILMAN AMSTRONG, to authorize Staff to complete subject project by force account. THE MOTION WAS CARRIED UNANIMOUSLY. -7- Council Minutes March 20, 1984 2. Recommendation Regarding Invoice from City of Los Angeles for Hyperion'Disposal Costs Mr. Glickman stated the City of Los Angeles has forwarded an invoice in the amount of $80,758 for sewage disposal services for -the 1983 -84 fiscal year. He stated that earlier in this fiscal year they submitted the final billings for previous years. Therefore, the unencumbered balance for this account is only $18,253. Mr. Glickman recommended the appropriation of $62,505 from the General Reserve Fund in order to pay the present invoice. After discussion, MOTION WAS MADE BY COUNCIL- WOMAN SYNADINOS, SECONDED BY.COUNCILMAN ARM- STRONG, to appropriate $62,505 to Account #01- 440070 from the General Fund Reserve. THE MOTION WAS CARRIED UNANIMOUSLY. 3. 'Recommendation Regarding Approval of Plans and Specifications and Authority to Advertise for Bids for the 1983 -84 Slurry Seal Program Mr. Glickman stated subject plans and specifica- tions had been completed and requested Council authorization to advertise for bids. MOTION WAS MADE BY COUNCILMAN SIADEK, SECONDED BY COUNCILMAN ARMSTRONG, to adopt the following resolution: RESOLVED, that "SPECIFICATION NO. 84 -4" and "NOTICE INVITING BIDS FOR THE FURNISHING AND APPLICATION OF SLURRY SEAL AT VARIOUS LOCATIONS 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 reception of said bids being hereby fixed for 11:00 a.m., Tuesday, April 17, 1984. THE MOTION WAS CARRIED UNANIMOUSLY. 4. Recommendation to approve Plans and Specifica- tions and Authority to Advertise for Bids for Purchase of Equipment for Hydroelectric Gene- rating Facility Mr. Glickman stated subject plans and specifica- tions -had been completed and requested Council authorization to advertise for bids. MOTION WAS MADE BY COUNCILMAN SIADEK, SECONDED BY COUNCILMAN JOHNSON, to adopt the following resolution: fM Council Minutes March 20, 1984 X 1 f►1 RESOLVED, that "SPECIFICATION NO. 83- 3" and "NOTICE INVITING'BIDS FOR FURNISHING OF EQUIPMENT FOR HYDROELECTRIC FACILITY AT WB -28" 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 Gtlek be •and 7she 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 a.m., Tuesday, May 15, 1984. THE MOTION WAS CARRIED UNANIMOUSLY. 5. Recommendation Regarding'Award of Contract for Construction of Wheelchair Ramps at Various Locations - Project No. 84 -2 Mr. Glickman stated that.on March 13, 1984 the following bids were received for subject project: Onicnac Custom Contracting Co. $21,876.00 Damon Construction Co. 23,570.00 J. Kovac 27,900.00 Meyer Constructors 28,609.00 Sully Miller Contracting Co. 33,740.00 Nobest Inc. 64,900.00 He stated the references for the low bidder, Onicnac Custom Contracting Co., have been found to be satisfactory; therefore, he recommended the contract be awarded to Onicnac in the amount of $21,876.00. MOTION WAS MADE BY COUNCILMAN ARMSTRONG, SECONDED BY COUNCILMAN SIADEK, to adopt the following resolution: WHEREAS, the City of E1 Segundo, California, duly advertised for bids for the construction of wheelchair ramps at various locations in E1 Segundo; and WHEREAS, said bids were received by the City Clerk on March 13, 1984; and WHEREAS, the Director of Public Works found that the bid of Onicnac Custom Contrac- ting Co., in total amount of $21,876.00 was the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, that the bid of Onicnac Custom Contracting Co., the lowest responsible bid, be accepted; and BE IT FURTHER RESOLVED, that the Mayor of said City be and he is hereby authorized and instructed to execute the -9- Council Minutes March 20, 1984 contract herein awarded for and on behalf of the 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 Onicnac Custom Contracting Co., are hereby rejected and the City Clerk is hereby authorized and instructed to return the bid bonds of-all unsuccessful bidders. THE MOTION WAS CARRIED UNANIMOUSLY. 6. Presentation of Engineering and Traffic Survey and Recommendation to Establish-Speed Limits on Various Streets Mr. Glickman stated the California-Vehicle Code requires a survey to be conducted every 5 years if electronic devices are used to enforce speed limits. He stated E1'Segundo has conducted the 'survey which included a survey of the prevailing speeds, traffic accidents and various roadside conditions. He stated an ordinance has been prepared that makes minor changes in speeds in 6 segments of major streets. City Attorney Dolley presented the following ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE EL SEGUNDO MUNICIPAL CODE which title was read. Upon motion duly made and carried, further reading of the ordinance was waived. Thereafter, Councilman Siadek intro- duced said ordinance. Councilman Armstrong then stated he has received a number of complaints from citizens that it is impossible to drive down E1 Segundo Boulevard and make more than one light. Mr. Glickman stated the signal system provides for 8 phases that change the cycle lengths. Therefore, it is extremely difficult to coordinate a traffic signal system of that nature. XIII UNFINISHED BUSINESS A. Councilman Armstrong inquired if any City staff would be attending the earthquake preparedness meeting. Mr. Jones stated Chief Devilbiss and Lt. Osnower of the Police Department will be attending. He encouraged members from the City Council to attend as well. XIV NEW BUSINESS None XV ORAL COMMUNICATIONS None -10- Council Minutes March 20, 1984 W XVI RECESS At the hour of 8:57 p.m.. the Council recessed to'the Mayor's office for a closed session to discuss matters of possible litigation. At 10:05 p.m. the Council reconvened with the following members answering roll call: Councilmembers Armstrong, Johnson,.Syn-adinos and Mayor Bue. Councilman Siadek was absent. XVII ADJOURNMENT No further business appearing to come before the Council at this session, the meeting was adjourned in memory of Ed Loverde, Roy Bryant, Mark Talley and Geo Chu Lin, the hour of adjournment being 10:08 p.m.. Respectfully submitted, APPROVED: / X-) W� lliam D. Bue, Mayor Valerie A. Burrowes, City Clerk -11- Council Minutes March 20, 1984 to 83