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1982 FEB 16 CC MINX5407 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL February 16, 1982 1. CALL TO ORDER: The El 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. 2. PLEDGE OF ALLEGIANCE: The salute to the Flag was led by Richard Van Vranken, Mayor. 3. INVOCATION was delivered by Eunice Creason of the Christian Science Society. ROLL CALL: Present: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Absent: Councilmen None 5. SPECIAL ORDER OF BUSINESS: The Mayor announced that timely notice of the appeal hearing of Oscar Robison had not been made and, therefore, suggested that this matter be continued until the next regular City Council meeting to be held March 2, 1982. Hearing no objections, said hearing will be held at the next regular City Council meeting. a. Open discussion on proposed uses of funds received in excess of the Gann limitation The Mayor announced that during the last fiscal year, the City's revenue exceeded the Gann Limit by approximately 3.1 million dollars; that there -were two ways of handling this; raise the Gann Limitation or return the money to the taxpayers. Asked for suggestions on how this surplus might best serve the community. Stated the Council has already taken action to to reduce property taxes amounting to approximately $700,000, leaving approximately 2.4 million dollars in excess funds. The Mayor invited suggestions. 1) Mr. Charles La Fleur, 420 Richmond Street, handed the Council a proposed survey of housing needs of E1 Segundo Senior Citizens and handicapped persons that would be presented to the Senior Citizens' Club tonight at its business meeting, and if approved, would be circu- lated to collect and analyze data on housing situations and rental affordability of E1 Segundo seniors. Stated that after the survey sheets are retuned, the results 'will be sub-; -tted to the Com..ncil.. Advised it would take some time to gather this data, but wanted the Council to be informed so that if the survey indicates a need, it would encourage the construction of housing of.the City's elderly, preferably with local money, possibly using the excess funds. 2) Mr. Brian O'Rourke, 626 East Holly Avenue, stated he would like to see a major portion of the excess funds go for safety services and the City Library, that the police and firemen are deserving of whatever the community can do for them, and the library is short one full -time perscn, which if this position were filled would benefit the community. 3) Mr. Jim Weber, 803 Virginia Street, suggested that surplus funds be used as a means of relieving the City's General Fund in the next five fiscal years, so the level of City services could be maintained in the *Revised per Council request March 16, 1982 X*Revised per Council request March 16, 1982 event there was a decrease in revenues during that time. Stated the funds * could be used to pay for residential refuse collection, tree trimming and removal, street sweeping and slurry sealing one quadrant of the City each year, leaving approximately 2.4 million in the General Fund for some of the other uses recommended. 4) Mr. Oscar Robison, 311 West Acacia Avenue, suggested giving the money back to the people from whom it was collected. Councilman Siadek asked about the legality of returning the money in this fashion. City Attorney Allen stated the Constitution provides that revenues re- ceived in excess shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years, that the law makes no express provision for returning the money in the form of cash; it contemplates returning the money to those who paid it and not just to those living in E1 Segundo. Stated if consideration is to be given to returning a cash amount to each resident, he would prefer to have a judge review the proposal to determine the legality as a protection for the City. City Manager Jones responded to questions, that most of the money was derived from sales tax and franchise tax payments; that it would be almost impossible to specifically identify all the sources. 5) Mrs. Nicky Wislocky, 1208 East Pine Avenue, stated the ballot measure of the Gann Initiative specifically stated that in the opinion of the State Legislative Counsel, a direct rebate of taxes paid would be allowed. Further stated that businesses do not pay taxes, they col- lect taxes from the people and pass them on to the State; therefore, the original taxpayer is the person who paid the sales tax. Asked the Council to consider that renters are also tax payers. 6) Mr. Dennis Martin, 836 East Grand Avenue, recommended consider- ation of a pilot program of computerized education for all citizens in the community. Described the various computer projects that could be beneficial to the community as well-as to the City staff. Recommended that two items be placed on the ballot in June, one to provide computers which would be accessible to all citizens, and the second that students be given access to the computers and paid as part -time employees with the City. 7) Mr. Charles O'Hearn, 912 Virginia Street, suggested that much consideration be given this matter before affirmative action is taken. Stated that some time in the future, the South Bay Communications Center may be disbanded requiring additional funds to re- establish locally. Asked for consideration of transportation for disabled children to school. The Mayor inquired if anyone else wished to speak. Hearing no response, he stated he would not enter into any discussion or action in this matter, due to possible conflict of interest, and that Council- man Bue had previously made that declaration. Therefore, turned this portion of the meeting over to Councilman Siadek to chair this portion of the meeting. Chairman Siadek asked what the deadline date would be for putting a measure on the June 8th ballot. City Clerk Burrowes responded that March 12 was the last day for notify- ing the County of the Council's intent. Councilman Johnson stated he did not think that gave enough time for proper survey of citizens ideas and for studying the programs suggested. Chairman Siadek suggested items to be placed on the ballot could be cash rebate, senior housing, and some of the other items suggested, so the people could vote on the projects rather than making a survey. -2 Council Minutes February 16, 1982 X 09 Councilman Armstrong advised he had put out approximately one thousand questionnaires last week and would like time for feed back before mak- ing any decisions. Inquired about having this item on the ballot as an advisory measure. Mrs. Nicky Wislocky suggested that this matter go on the June ballot as an advisory measure and the outcome of that election be put on the ballot for voting at the General Election in November. Councilman Armstrong stated that one of the suggestions submitted was for financial assistance for some of the E1 Segundo School District's capital facilities. Mrs. Katie Manson, reminded the Council that the Wiseburn School District was also in this area and would have to be considered. Chairman Siadek summed up,that a decision on March 2 would be made as to whether a special meeting, prior to March 12th, to discuss ballot items. would be necessary, and in the meantime, welcomed suggestions regarding disposition of the funds. City Manager Jones asked that some direction be given staff in order to prepare material that would be helpful in considering the options. Stated it will be an artful task to draw the language for the ballot, for which leadtime will be required. Suggested that some directions be given staff tonight. Chairman Siadek responded that if directions were given for certain issues, the language could be prepared in case it was decided to use that issue for the ballot. Suggested the Council consider, as one alternative, having staff prepare the language for a proposition on the possibility of a cash rebate to residents. Councilman Johnson inquired if only one individual item was being consid- ered. The Chairman stated that staff is asking for ideas in order to pre- pare the language. City Attorney Allen stated that a ballot measure is not necessary if the intent is to return the money; that two things are being considered, either complying with the Gann Limitation and returning the money to the taxpayers, or call an election to increase the limitation, suggesting that if an election is called, that it be a binding measure rather than advisory. Discussion continued between staff and Council on the cost and how the various programs could be administered. The City Manager stated he favored programs such as reducing existing fees which would cost less to administer and would be the least subject to challenge. Mr. Dennis Martin, stated there were other taxing sources not used, that the City has an option to lift the Gann limit to 25 million, to increase business fees and could impose a gross receipts tax on industry, then the money could be given back to all residents in the City. Mr. Dave Jones, 438 Maryland Street, stated, that a company that moved into the City 50 years ago could leave and the City would lose its main source of revenue. Asked Council to consider residents and business persons, even if they do not live here, that everybody should benefit, not just one individual or group of individuals. Chairman Siadek suggested that another meeting may be needed before March 2nd for additional input on this subject. Councilman Johnson said he would like to see the money used for something constructive and lasting in the community. The Council discussed calling a meeting prior to the March 2 meeting to further deliberate on suggestions for the use of the excess funds. It was determined that prior schedules precluded any meeting of all the Council members before March 2, 1982. City Attorney Allen suggested that the Council might consider calling a special meeting after the March 2nd Council meeting. In response to Councilman Armstrong's inquiries about considering some of the School District's suggestions, the City Attorney advised on what may be possible and the extent to which the City could act. -3- Council Minutes February 16, 1982 X 61() 6. ORAL COMMUNICATIONS Mayor Van Vranken announced that this was the time set aside for addres- sing the Council. There was no response. 7. REPORTS OF COMMITTEES a. Housing Element Advisory Committee request for joint meeting with the Council and Planning Commission Planning Director Romaniello reported the Planning Commission had indicated a preference to meet with the subject committee prior to a joint session with the Council; that such a meeting had been scheduled following the next Planning Commission meeting on February 25th, which may determine whether a joint study session with the Council will be necessary. The Mayor ordered the letter received and filed. b. Senate Constitution Amendment 7, a measure to limit California Supreme Court's interpretation of the Exclusionary Rule Councilman Bue asked for Council's support of subject Amendment 7 and that the State Legislature be urged to place the Amendment on the June 1982 ballot for consideration by the voters. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution, entitled: RESOLUTION NO. 3121 A RESOLUTION SUPPORTING SENATE CONSTITUTIONAL AMENDMENT 7 which was read, be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None C. Councilman Johnson reported he met with the County Supervisors to discuss computerized signals. Stated a study is in the making and he was assured the matter would be given priority attention. Mayor Van Vranken advised he had received word that a status report on the computerized system would be completed by the end of March, 1982. C. Airport Board of Commissioners meeting. Councilman Armstrong reported he attended the meeting to hear the petition for an auto drag strip at the west end of the airport. Stated that the Commission denied the petition, and there will be no drag strip allowed. RECESS: At the hour of 8:37 o'clock p.m., the Mayor declared a short recess. At the hour of 3:42 o'clock p.m., the Council reconvened, all members being present and answering roll call. 8. CONSENT CALENDAR Mr. Ross Kouoable asked that Item (j) be removed from the Consent Calen- dar for discussion. Thereafter, motion was made by Councilman Johnson, seconded by Council- man Bue, that the balance of the items on the Consent Calendar be approved as recommended. Motion carried a. Minutes of the regular City Council meeting held January 19, 1982 ... Approved as written -4- Council Minutes 1ebruary 16, 1982 8. CONSENT CALENDAR (continued) x mi -I b. Warrants Nos. 73841 thru 74045 on Demand Register Summary No. 15 and Expense Checks Nos. 3619 thru 3640 on Expense Check Register No. 8 in total amount of $592,667.14 ... Ratified and approved C. Chevron, USA, Inc. request for 1 -year extension of trailer complex 1112 ... Approved - to expire February 25, 1983 d. Resolution applying for Roberti- Z'berg Urban Open Space Block Grant Funds for trash receptacles at Acacia, Hilltop and Sycamore Parks_ entitled: RESOLUTION NO. 3122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR REHABILITATION OF PICNIC FACILITIES AT HILLTOP, ACACIA AND SYCAMORE PARKS (REPLACEMENT OF TRASH CONTAINERS) ... Adopted e. Claim of Ms. Valerie Edwards for damages ... Claim denied f. Claim of Mr. Mario Rodriguez for personal injury and property damage ... Claim denied g. Claim of Mr. Christopher Flannery for false arrest and imprisonment ... Claim denied h. California Alcoholic Beverage Control, application for person -to person transfer of Off -sale Beer and Wine License for Jerry's Market, 601 Vircinia Street ... Received and filed i. Proposed agreement with Los Angeles County for examination of tract and parcel maps ... Resolution entitled: RESOLUTION NO. 3123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE COUNTY OF LOS ANGELES CHIEF ADMINISTRATIVE OFFICE TO PRE- PARE AND SUBMIT A CONTRACT TO THE CITY ... Adopted 9. CALL ITEMS FROM CONSENT CALENDAR j. Report on three months' of cable casting City Council meetings Mr. Ross Kongable asked that the report be read for the record. City Manager Jones complied. Stated that Theta Cable Television had indicated it would cooperate with the City by sending out a questionnaire to all subscribers to be given to the City staff for review of the results. Motion was made by Councilman Bue, seconded by Councilman Johnson, that Item (j) on the Consent Calendar be approved, received and filed. Motion carried. Council Minutes February 16, 1982 10. 11. WRITTEN COMMUNICATIONS a. Theta Cable Television request to reorganize City Manager Jones reported that a letter had been received from Theta Cable advising it had been reorganized into Teleprompter Corporation which has been acquired by Westinghouse Electric Corporation, propos- ing to operate through a subsidiary, Group W Cable, Inc., and requested Council's permission to make that merger by the adoption of an ordinance to that effect. Council inquired if this merger would change the service in any way. Mr. Don Canfield of Theta Cable, 2939 Nebraska Avenue, Santa Monica, advised there would be no change in service; that this was an upstream merger, which should achieve substantial benefits with no reduction in quality or service. Councilman Siadek questioned the promises made at the time Cable T.V. was approved in El Segundo that did not materialize. Mr. Canfield responded that program origination was being reactivated and that Theta had built up stream trunks into City Hall and other pub- lic facilities, involving a substantial cost to the company, plus pro- viding character generators and other equipment of this type. Stated that E1 Segundo's system is over 10 years old and the amenities supplied as new systems go in other cities, cannot be furnished with an older system as in E1 Segundo. City Manager Jones responded to inquiries, that staff had not met any of the officials of the companies and thought it would be advisable to meet to discuss philosophy of the program prior to making a decision. Hearing no objections, the Mayor ordered this matter be deferred until the next regular City Council meeting. b. Independent Cities Association of Los Angeles County, requesting opposition to AB1743, Overhead Charges for County Contracts with cities Councilman Bue advised this bill was passed on to the Senate and urged that the City's opposition be indicated by writing to the legislators responsible for the bill. Motion was made by Councilman Bue, seconded by Councilman Siadek, that a letter be sent to legislators and the Senate Finance Committee urging a no vote on AB 1743. Motion carried. C. California Coastal Commission. Mayor Van Vranken advised a letter had been received from subject Commission announcing that the City's local Coastal Program has been certified and that as of February 4, 1982 the City has Coastal Permit authority over all developments in the area of the Coastal Zone governed by the certified local program. REPORTS OF OFFICERS a. City Manager Jones 1) Emergency replacement of truck with articulated boom Advised that Unit 6408, used mainly for tree trimming, needs replacing prior to its original 20 -year replacement schedule. Recommended that authorization be given to solicit bids immediately for the truck and boom, allocating an additional $25,000 for this purpose. In addition asked for authorization to rent equipment for one month to keep up the tree trimming schedules for which an additional $2,400 would be required. Motion was made by Councilman Siadek, seconded by Councilman Bue, that staff be authorized to advertise for bids for one appropriate truck equipped with articulated boom with bucket and hydraulic system for power tools; that rental equipment be approved for a period of one month for the continuance of tree trimming program; that $27,400 be allocated from the Unappropriated Reserve of the General Fund; $25,000 to be transferred to the Equipment Replacement Fund and $2,400 transferred to the Parks Division Account. -6- Council Minutes February 16, 1982 On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None b. City Attorney Allen 1) Ordinance authorizing amendment to the Public Employees Retirement System (PERS) relating to Firemen's benefits Presented subject ordinance which implements the Memorandum of Under- standing between the Firemen and City, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMEND- MENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIF- ORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM which title was read. Upon motion duly made and carried, further reading of said title was waived. Thereafter, the ordinance was introduced by Councilman Bue. C. Director of Public Works Glickman 1) Plans and Specifications No. 81 -13 for refurbishing of batting cage at Recreation Park Recommended approval of subject specifications and authorization given to solicit bids, to be received March 16, 1982. Motion was made by Councilman Bue, seconded by Councilman Johnson, that the following resolution be adopted: RESOLVED, that "SPECIFICATION NO. 81 -13" and "NOTICE INVITING BIDS FOR THE REFURB- ISHING OF THE BATTING CAGE AT RECREATION PARK IN THE CITY OF EL SEGUNDO, CALIFORNIA," presented to this 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 o'clock, Tuesday, March 16, 1982. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 2) Specification No. 82 -2 for contractual street sweeping Recommended approval of subject Specification and authority be given to solicit bids, to be received March 23, 1982. Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution be adopted: -7- Council Minutes February 16, 1982 X 5614 RESOLVED, that "SPECIFICATION NO. 82 -2" and "CITY OF EL SEGUNDO, CALIFORNIA, NOTICE TO BIDDERS ON SWEEPING OF STREETS AND ALLEYS AND DISPOSAL OF SWEEPING DEBRIS," presented to this 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 o'clock Tuesday, March 23, 1982. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None 3) Temporary Entry Permit from Southern California Edison Company Presented subject permit which would be required for entering Edison Company property during the construction of the new City Yard, expiring at completion of the project. Recommended acceptance of the permit. Motion was made by Councilman Armstrong, seconded by Councilman Bue, that the following resolution be adopted: RESOLVED, that that certain form of Temporary Entry Permit to enter upon the Southern California Edison Company's property at the north- westerly corner of E1 Segundo Boulevard and Sepulveda Boulevard in the City of El Segundo, 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 permit be placed on file in the office of the City Clerk; and BE IT FURTHER RESOLVED, that the Mayor of the City of El Segundo be and he is hereby auth- orized to execute said permit for and on behalf of said City. Motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen NOne 4) Consultant for design services, Widening and Improving E1 Segundo Boulevard east of Aviation Boulevard Advised that proposals had been solicited from consulting firms to perform all work required for the design and inspection of the widen- ing of El Segundo Boulevard between Aviation Boulevard and the San Diego Freeway southbound on -ramp, for an amount not to exceed $45,429. Presented an agreement with Psomas & Associates for subject work, the firm staff recommended as furnishing the most responsible proposal. Recommended approval. -8- Council Minutes February 16, 1982 Motion was made by Councilman Bue, seconded by Councilman Siadek, that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the City of E1 Segundo and Psomas & Associates for certain engineering ser- vices for the widening of El Segundo Boulevard, 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. Motion carried by the following vote: Ayes: Noes: Absent: 12. UNFINISHED BUSINESS Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Councilmen None Councilmen None a. Ordinance amending City Council salaries City Attorney Allen presente3subject ordinance, entitled: ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTION 2.08.010 FIXING COMPENSA- TION OF COUNCILMEN 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 Bue, that said ordinance be adopted. On roll call, said motion carried by the following vote: Ayes: Councilmen Armstrong, Bue, Johnson, Siadek and Mayor Van Vranken Noes: Councilmen None Absent: Councilmen None b. Councilman Johnson reported that the League of California Cities is encouraging all cities to join in the League's One -Day March on the Capitol March 17th to protest the Governor's budget, which will have a deep financial impact on cities with very little impact on State projects. Recommended that someone be assigned to participate in this march. City Manager Jones stated there is a misunderstanding among the cities and the county regarding E1 Segundo's surplus funds, and believed the March would be an opportunity for E1 Segundo's representative to meet with and inform legislators on the true financial position of El Segundo. Motion was made by Councilman Bue, seconded by Councilman Siadek, that Councilman Johnson be appointed to represent the City in the March 17th March, and that travel expenses be authorized for that purpose. Motion carried. -9- Council Minutes February 16, 1982 X5f :I6 13. NEW BUSINESS a. Mayor Van Vranken reported that Supervisor Deane Dana was planning on going to Washington D.C. this week regarding the threatened closing of the U.S. Coast Guard Station in Long Beach, and asked for E1 Segundo's opinion on what effect this would have on the City. Advised that he had sent a letter to Supervisor Dana that E1 Segundo was opposed to closing this station. Councilman Bue announced that the South Bay Cities had also indicated opposition to closing of the station. b. South Bay Cities Association. Councilman Bue reported that the subject of para- transit was brought up, proposing that the cities join together to support and administer such a system in the South Bay. City Manager Jones explained this was an effort to find a source of money to coordinate Dial -A -Ride type systems throughout the county for cost savings by using joint dispatching. Stated he did not think El Segundo would be interested in seeking outside funding, that the local Dial -A -Ride system was working fine. 14. ORAL COMMUNICATIONS a. Mr. Ross Kongable, 909 Mc Carthy Court, suggested that better response from the audience watching the T.V. replay of Council meetings may be attained if the agenda preceded the program so the viewer could follow the proceedings, and also a little more explanation of each item for better understanding. B. Mr. Dennis Martin, 836 East Grand Avenue, asked Council to give more thought to the issue of widening E1 Segundo Boulevard east of Aviation before hiring a consultant for design services; that the traffic study should be completed before this decision is made. Stated this is a po- tential conflict of interest on the part of two council members who work for large companies located on that street, when there is another way, such as forming a Street Assessment District. The money could then be used for slurry sealing other streets. Also stated he would be happy to present the Council with some of his ideas regarding the Gann limits. City Attorney Allen advised Mr. Martin that the land being used to widen E1 Segundo Boulevard belongs to the United States Government, and you cannot assess government property. 15. ADJOURNMENT No other business appearing to come before the Council, motion was made by Councilman Siadek, seconded by Councilman Bue, that the meeting adjourn, the hour of adjournment being 9:35 o'clock p.m. Motion carried. Respectfully submitted, APPROVED: Valerie A. Burrowes, City Clerk R. K. Van Vranken, Mayor -10- Council Minutes February 16, 1982