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1984 NOV 06 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL November 6, 1984 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 Mrs. Dorothy Doukakis led the Pledge of Allegiance to the Flag. III. INVOCATION Pastor David Tinoco of the United Methodist Church delivered the invocation. IV. ROLL CALL Present: Councilmembers Jacobson, Schuldt, Siadek, Synadinos and Mayor Armstrong Absent: Councilmembers None V. PRESENTATIONS A. Swearing in of Ronald L. Hart as City Clerk Mayor Armstrong administered the Constitutional Oath of Office, to which Mr. Ronald L. Hart subscribed. B. Proclamation declaring week of November 11 -17 as 1736 PROJECTS WEEK Councilman Jacobson read and presented the proclamation, which was accepted by Mr. Lance Widman of Friends of the 1736 House. Mr. Widman thanked the Council and introduced Mr. Burt Wood as a long time supporter of the 1736 Projects. Mr. Burt Wood, 516 Standard Street, stated that he thinks of the 1736 Projects in the spirit of its accomplishments and what it means in the life of those that it helps. Mr. Wood urged the citizens of E1 Segundo to generously support the 1736 Projects. C. Presentation of Southern California Gas Company rebate check for plunge vapor blanket Mr. Willis Delbert, Commercial Energy Management Representative of the Southern California Gas Company, presented the City Council with a check for $500.00 for the plunge vapor blanket the City installed. Councilman Siad.ek accepted the check on behalf of the City of E1 Segundo. D. Presentation of Southern California Association of Governments (SCAG) plan for electrical energy savings. Mr. David Factor, of the Southern California Association of Governments (SCAG) gave a brief history on the Energy Savings Plan. X 4400 V. PRESENTATIONS (Continued) It was stated that the program should save approximately $20,000 annually based on current electrical energy rates. The cost to implement the program would be $4,000. Councilman Siadek raised the question of employee incentive and suggested to the City Manager that the issue be looked into. City Manager Jones stated there is no plan in the current Energy Savings Plan program for additional employee incentives. It was added that consideration would be given to the issue and that staff would return to the Council with a recommendation. Thereafter, Councilman Jacobson MOVED, Councilman Siadek SECONDED, that the following recommendation be approved: That the City Council authorize: 1) the implementation of the Energy Savings Plan using City and contracted forces, and 2) expenditure of City funds budgeted for energy use of an amount not to exceed $362 for distribution of employee incentive monies from the June 1984 special incentive month. Such funds to be expended for purposes approved by the City Manager. The motion was carried unanimously. E. Proclamation declaring week of November 11 to November 17, 1984 as YOUTH APPRECIATION WEEK Mayor Armstrong read and presented the proclamation to the E1 Segundo Optimist Club. The proclamation was accepted by Mr. Scott Graham, President of the E1 Segundo Optimist Club. VI. SPECIAL ORDER OF BUSINESS A. Public Hearing regarding ratification of action of the Traffic Authority suspending operating permit of Drivers' Independent Taxi Associates, Inc., granted by Resolution No. 3204, and consideration of permanently revoking the permit Mayor Armstrong announced that this was the time and place heretofore fixed for public hearing on the above titled issue. The Mayor inquired if proper notice of the hearing had been given. City Clerk Hart replied that affidavits of publishing and mailing of the notice were on file in the City Clerk's Office. The Mayor inquired if any written communication had been received.- Mr. Hart replied, no written communication had been received in the City Clerk's Office. - 2 - Council Minutes November 6, 1984 VI. SPECIAL ORDER OF BUSINESS (Continued) City Attorney Dolley stated that the cab company is franchised in the City of E1 Segundo and insurance certificates are required of all drivers and that the insurance certificates are in the process of being mailed. Mr. Dolley recommended continuing the hearing for two weeks, during which time the certificates should be received, therefore making a full hearing unnecessary. Robert Pelatier, Consultant for Hughes, expressed that his company, Hughes Aircraft, wanted this taxi company to become a special service company to them. Further, that the necessary funds had been raised for insurance and the certificates issued. Thereafter a MOTION was made as follows: Councilman Siadek MOVED, Councilman Schuldt SECONDED, that the hearing be continued, unless the City Attorney who has vested power, waives further hearing upon receipt of the insurance certificates. The motion was carried unanimously. VII. REPORTS OF COMMITTEES There were no Committee Reports. VIII. ORAL COMMUNICATIONS Richard Knickerbocker, 4720 Lincoln Boulevard, Marina Del Rey, stated he was representing Mr. John Shelton, a resident and property owner in the City. Mr. Knickerbocker addressed the agenda item dealing with C -2 zoning standards. Katie Manson, 341 Concord Street, stated that she did not receive a letter that was distributed by Councilwoman Synadinos, but she had signed a card indicating her willingness to have a Velvet Turtle Restaurant at the Airport Towers. Michael Jackson, Chairman of the Industrial Activities Committee of the E1 Segundo Chamber of Commerce, read a letter sent to the Council from the Chamber of Commerce, dated November 5, 1984. The letter addressed the issue of the City budget.. Frank Warner, E1 Segundo Resident, stated he resented an article he read in a the L. A. Times and the Daily Breeze regarding certain Council Members. He informed the Council Members of his support. =M Council Minutes November 6, 1984 X 6401 � saoL VIII. ORAL COMMUNICATIONS (Continued) Louise Eckersley, City Treasurer, 505-Kansas Street, stated that on October 15, 1984 she sent each Council Member a letter and she has had no response. The letter contained a request for additional help in the City Treasurer's Office. Doug Ring, 1200 Wilshire, Los Angeles, introduced to the Council, Mr. John Cutter, General Manager of the Velvet Turtle. Mr. Ring stated that there has been some misunderstanding or misinformation concerning the Velvet Turtle's intention or willingness to operate within various facilities, and Mr. Cutter will speak in hopes of clarifying this issue. John Cutter, Vice President and General Manager of the Velvet Turtle Restaurants, 1 Saga Lane, Menlo Park, stated; "I appreciate the opportunity to be able to talk. I haven't seen the letter that you sent out, Le, but I did hear a couple of things that you said, when the kind lady was talking about the Velvet Turtle and there are a couple of points that I think I ought to make clear here. One is that we, at the Velvet Turtle will not locate in anything but a free standing building. That's all that we have located in and it would be too much of a risk for us to locate in anything but a free standing building. So we would not go inside one of the three towers. That's absolutely out of the question as far as we're concerned. The second point is that the space that Prudential has in the towers, even if we were to go in there, isn't even adequate for a Velvet Turtle. We need at least 10,000 square feet to operate a Velvet Turtle, so that wouldn't work. Whether we could find another arrangement in E1 Segundo, again, I think, is very questionable. It took us a long time to find this location. We very much want to be in E1 Segundo we think E1 Segundo is a great location for a Velvet Turtle and we feel we could do very well there, but it could take years to find another situation in E1 Segundo. We have very good working relationships with Prudential, not only here, but we're doing another restaurant with them up in Placentia in Northern California. So that's basically all I have to say, that we can't operate in anything but a free standing building. Whether we could locate somewhere else in E1 Segundo? I don't think we could. If we could it would be in the distant future." Mr. Cutter added that "there was an unfree standing store in Arcadia in the hotel and that's a lot different from being inside an office tower, it works there whereas it wouldn't work in the Prudential Towers and that's a marketing and location decision that he would make." It was stated that the Velvet Turtle has been working with Prudential on this project for over a year. Mr. Cutter stated that the Velvet Turtle would love to be a part of E1 Segundo and the Velvet Turtle is the finest dinner house chain in California and in the country. - 4 - Council Minutes November 6, 1984 VIII. ORAL COMMUNICATIONS (Continued) Doug Ring stated "There is one piece of this which, I must admit that I am dealing in a somewhat murky area but I am advised by the construction personnel that under the uniform building code there is a venting level required to put a restaurant in a building facility. If the Velvet Turtle were willing to go inside the building, structurally the building can not handle it without massive reconstruction. In addition to that I think it's terribly important in light of your communication with your community that we make it perfectly clear that the request we have made of the City is not to revamp or rewrite your zoning code or to violate any of the codes or standards that this community has. We have requested recognition that 3/4 of a million dollars have been placed in the ground on the site. Arguably, (and hopefully a judicial determination will not have to be made) vested rights exist there, or in the alternative, you are capable of finding equitable estoppel, that is, the legal concepts of fair play, dictate that the restaurant should be permitted or otherwise you have the capacity of granting permission for the restaurant to go in there. Neither myself or anyone representing the Velvet Turtle has suggested a redrafting, revamping, raping, plundering or pillaging of your zoning codes. Nor, do I think it is necessary to achieve this end. I think part of what concerns me about what's going on here is that I recognize that the Airport Towers have symbolized something which some of you have ran against when you sought election and there has been a measure of vengance as it relates to the construction of this measurement. Your zoning codes have been revised. The Airport Towers, good, better or indifferent, could not be built today in this community. The only issue which is before you is whether the citizens will get an additional fine restaurant. It's not a matter of great constitutional import. It provides a service and additional revenue in the form of taxation. It seems unfortunate that what has been approached by my clients with a sense of good will and if you will, the tongue in cheek spirit which was attached to the great turtle races, has been accelerated into something which comes to an issue not of good neighbors but of people at loggerheads. It is not our intent to be a loggerhead with the community. We recognize that the conflict between Prudential and the City is not in the best interest of either party and we would like to see it resolved, hopefully this evening and in a friendly manner." Sharon Miller, 422 Imperial Avenue, stated that the Velvet Turtle can be a source of revenue and pride for the City. Further stated, that by making a scapegoat of Prudential and the Velvet Turtle, we are making fools of ourselves. IX. CONSENT CALENDAR Request was made to withdraw items (E) and (L) from the Consent Calendar for individual discussion. - 5 - Council Minutes November 6, 1984 X 64.03 /� b4( 4 IX. CONSENT CALENDAR (Continued) Thereafter MOTION was made as follows: Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the balance of the items be approved as recommended. The motion was carried unanimously. A. Warrants Nos. 85289 - 85470 on Demand Register Summary No. 8 in total amount of $1,145,275.55 ...Ratified and approved. B. Expense Checks Nos. 4584 - 4606 on Expense Check Register No. 4 in total amount of $8,832.28 ...Ratified and approved. C. Application for Alcoholic Beverage Control License from D. J. Giftique for Off -Sale Beer & Wine at 100 North Sepulveda Boulevard ...Received and filed. D. Application for Premises to Premises transfer of Alcoholic Beverage Control License from Aviation Liquor, 215 Main Street ...Received and filed. F. Found and recovered items by the Police Department and City surplus items proposed to be sold by Auction on December 1, 1984 ...Approved. G. Claim of United Airlines vs. City of E1 Segundo for losses sustained as result of several telephone lines ...Claim denied. H. Claim of Pacific Bell vs. City of E1 Segundo for property damage to telephone lines ...Claim denied. I. Application for Leave to Present Late Claim and Proposed Claim against City of El Segundo from Computer Science Corporation, Aetna life and Casualty Company and National Union Fire Insurance Company ...Application and Proposed Claim denied. J. Claim of Madge Booher vs. City of E1 Segundo for personal injuries ...Claim denied. Council Minutes November 6, 1984 IX. X. CONSENT CALENDAR (Continued) K. Resolution Incorporating previously approved Management /Confidential salary and benefit ad3ustments into the Administrative Code RESOLUTION NO. 3286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 1A2.010, lAa2.040, 1A2.105, AND 1A2.136 OF CHAPTER 1A2 (MANAGEMENT- CONFIDENTIAL SERIES) AND AMENDING SECTION 1A6.230 (GENERAL RULES) OF TITLE lA OF THE EL SEGUNDO ADMINISTRATIVE CODE. ...Resolution Adopted. CALL ITEMS FROM CONSENT CALENDAR E. Bids for purchase of two vehicles (sedans) for use in Water and Police Departments Councilman Schuldt questioned City Manager Jones as to the dollar amount of the Reserve Depreciation Account and inquired as to how much the vehicles cost. City Manager Jones responded the amount of funds accumulated in the vehicle replacement schedule for two vehicles is $15,450 and the cost, including sales tax, is $15,216.11. Request for bid was sent to nine vendors for two vehicles to be used by the Water and Police Departments. Six vendors responded. Bids were reviewed by the Equipment Superintendent and the Purchasing Supervisor and recommendations is to award to the low bidder, Harry Mann Chevrolet Co. for $15,216.11 including sales tax. Thereafter MOTION was made as follows: Councilman Schuldt MOVED, Councilwoman Synadinos SECONDED, that item (E) be approved as presented. The motion was carried unanimously. L. Filing of application for State Disability insurance for General Employees City Manager Jones advised there was a need to change the date for implementation on subject application from November 17 to November 24, and recommended a resolution be adopted authorizing the Mayor to sign the application. Motion was made by Councilman Jacobson, seconded by Councilwoman Synaddinos, that the following resolution, entitled: which was read, be adopted. - 7 - Council Minutes November 6, 1984 X 61 '' l X 64 X. CALL ITEMS FROM CONSENT CALENDAR (Continued) RESOLUTION NO. 3287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING ELECTIVE COVERAGE OF DISABILITY INSURANCE FOR GENERAL EMPLOYEES OF THE CITY OF EL SEGUNDO (AS A PUBLIC AGENCY EMPLOYER UNDER SECTION 710.5 OF THE CALIFORNIA UNEMPLOYMENT INSURANCE CODE) which was read, be adopted. On roll call, said motion carried by unanimous vote. XI. WRITTEN COMMUNICATIONS City Clerk Hart reported receipt of correspondence from Mr. Dennis Martin. The,Mayor ordered the correspondence filed. XII. REPORTS OF OFFICERS A. City Manager 1. Presentation of report on potential revenue sources This issue was referred to a study session to be held, Wednesday, November 14, 1984 at 6:30 p.m. with the City Council and Staff. 2. Presentation of report on merits and structure of Public Works Commission Mayor Armstrong requested that this issue be held for two weeks. B. City Attorney 1. Report on the alternatives available to the City Council in selecting effective dates of zoning ordinances Mr. Dolley reported that at the last Council meeting he was requested to bring back to Council a report on the subject issue. Prior to this meeting a memorandum was.published and distributed addressing Council's request. Mr. Dolley stated at this time he would review the memorandum and respond to any questions Council may have. Mr. Dolley informed Council that any projects which had a building permit dated no later than September 21, 1984 had been accepted, with reference to the recently adopted zoning change. Mr. Dolley added that he understood Council to have set a date, giving indication to the staff that future ordinances that reach Council would automatically have the effective date in the Ordinance. The City Attorney has recommended a resolution establishing effective dates of any future ordinances. Council Minutes November 6, 1984 XII . REPORTS OF OFFICERS (Continued) Thereafter MOTION was made as tollows: Councilman Schuldt MOVED, Councilman Siadek SECONDED, that the City Attorney draw up a resolution for implementation, in relation to zoning ordinances which establishes effective date(s) of ordinances as being the date of building permit issuance, and said resolution should also establish the term "vested rights" as a project having acquired a building permit. The motion was carried unanimously. Councilman Schuldt expressed concern for building projects which had been caught in the pipeline. Following discussion of this concern, Councilman Schuldt MOVED, Councilman Siadek SECONDED, that all projects which have been in the pipeline prior to September 21, 1984 be allowed to follow the normal procedures and be granted building permits with no restrictions relating to the recent zoning change. The motion failed by the following vote: Ayes: Council Members bchuldt and Siadek Noes: Council Members Jacobson, Synadinos and Mayor Armstrong Absent: Council Members None 2. Report regarding Prudential Insurance Company of America's claim to vested rights to the construction of a free standing building This item was referred to a Closed Session. 3. Presentation of an agreement with Cotton and Beland Associates for consultation on Airport Noise matters Councilman Siadek MOVED, Councilwoman Synadinos SECONDED that the following resolution be adopted: RESOLVED, that certain form of Agreement for Consultant Services between the City of E1 Segundo and Cotton and Deland Associates, 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. The motion was unanimouly carried. - 9 - Council Minutes November 6, 1984 . X 6407 x b4WS XII. REPORTS OF OFFICERS (Continued) C. Director of Public Works - 1. Recommendation to award contract for Heater - Remix and Overlay on various streets - Project No. 84 -7 Advised that bids had been received for subject project on October 30, 1984, which bids were as follows: 1. glair Paving, Inc. $365,086.60 2. Vernon Paving Co. $396,178.89 3. Robert Escudero $410,116.63 4. Sully- Miller Contracting Co. $414,605.75 5. Excel Paving Co. $493,605.05 Councilman Siadek MOVED, Councilwoman Synadinos SECONDED, that the City Council award a contract to the low bidder, flair Paving, Inc., in the amount of $365,086.60 for the heater -remix and overlay of the subject streets. The motion was carried unanimously. 2. Recommendation to award contract for modifications to Traffic Signals on Main Street and Grand Avenue - Proiect No. 84 -12 Advised that bids had been received for subject project on October 30, 1984, which bids were as follows: 1. Steiny and Co. $110,650.00 2. C T & F, Inc. $118,800.00 3. Paul Gardner Corp. $132,420.00 4. J. R. J. Construction $136,975.00 5. A. E. C. Eagle Rock $148,600.00 6. Vince's Electrical Contractors $179,398.00 Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the City Council appropriate an additional $6,500.00 to this project from State Gas Tax reserves and award a contract to the low bidder Steiny and Co. in the amount of $110,650.00 for the modifications to the subject traffic signals. The motion was unanimously carried. 3. Recommendation to extend agreement with ESEA to continue traffic control officers on E1 Segundo Boulevard for one year Director Glickman stated this was the first year of demonstration of traffic control officers on E1 Segundo boulevard between Sepulveda and Isis. A report has been prepared and distributed. - 10 - Council Minutes November 6, 1984 XII. REPORTS OF OFFICERS (Continued) Mr. Glickman stated there has been improvement with traffic control officers on the street. In addition two other intersections have been looked at that were not controlled by traffic officers and the indication is that those intersections did not require the addition of traffic control officers at this time. Further stated, that the Public Works Department worked with the Executive Director of ESEA on the report and he suggested that at the end of the second year the program should be re- evaluated and suggested that if the City felt it should be an on- going program, the City should coordinate it. Councilman Siadek MOVED, Councilman Jacobson SECONDED, that the following recommendation be adopted. RECOMMENDED, that the City Council authorize the City to renew the agreement with ESEA for another year. ESEA has indicated that the sponsors of the Program have opted to renew their support for the next year in an amount not to exceed $54,600. Funds for the City's share of the program are included in the current budget and no additional funds are required. Councilman Siadek stated that this program was more a perceived value as opposed to an actual value and that other alternatives, in relationship to use of the funds, should be investigated. The Mayor called for the question and the MOTION was unanimously carried. XIII. UNFINISHED BUSINESS A. Adoption of ordinance dealing with C -2 (General Commercial) zoning standards City Attorney Dolley established that this ordinance included the effective date of the building permit as being the stage of which these projects are permitted from the vested rights theory. Mr. Dolley then presented subject ordinance, entitled: ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CHAPTER 20.34 (GENERAL COMMERCIAL (C -2) ZONE). Further reading of said Ordinance was waived. - 11 - Council Minutes November 6, 1984 Xi;log X 641-0 XIII. UNFINISHED tUSINESS (Continued) Thereafter, MOTION was made as follows: Councilman Jacobson MOVED, Councilwoman Synadinos SECONDED, that said Ordinance be adopted. Motion was carried by the following vote: Ayes: Councilmembers Jacobson, Synadinos and Mayor Armstrong Noes: Councilmembers Schuldt and Siadek 2. Request that building permits be issued for property at 212 Lomita Street by SUSS Systems and for property at 139 Whiting Street by Mr. Raaovanovic Councilman Siadek MOVED, Councilman Schuldt SECONDED, that the request for building permits for subject property be issued. The motion failed by the following vote: Ayes: Councilmembers Schuldt and Siadek Noes: Councilmembers Jacobson, Synadinos and Mayor Armstrong XIV. NEW BUSINESS There was no new business. XV. ORAL COMMUNICATIONS Michael Jackson, E1 Segundo Chamber of Commerce, questioned whether or not the Council was going to allow outside in -put at the next study session. Mayor Armstrong informed Mr. Jackson that the Council would welcome in -put at the next study session. Rad Radovanovvic, 621 Virginia Street, asked the Council to consider his request for a building permit for his property at 139 Whiting Street. Dennis Martin, 836 East Grand Avenue, requested that he be allowed to put up a no smoking poster in the Council Chamber for the balance of the month of November in support of the Great American Smoke Out on November 15, 1984. RECESS At the hour of 9:35 o'clock p.m., the Council recessed to the Mayor's Office for a Closed Sessionn to discuss the report regarding Prudential Insurance Company of America's claim to vested rights to the construction of a free standing building. At the hour of 10:35 o'clock p.m., the Council reconvened, all members being present and answering roll call. - 12 - Council Minutes November 6, 1984 XVI. ADJOURNMENT No other business appearing to come before the Council at this session, the meeting was adjourned, until Wednesday, November 14, 1984 at 6:30 o'clock p.m. The hour of adjournment being 10:40 o'clock p.m. APPROVED: - 13 - Respectfully ubmitted, �v onald T. rt, City Clerk Council Minutes November 6, 1984 X 6411