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1988 JUL 05 CC MINEL SEGUNDO CITY COUNCIL MEETING -JULY 5, 1988 -7:00 PM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. INVOCATION given by Rabbi Leon M. Kahane, Temple Rodeph Shalom, E1 Segundo PLEDGE OF ALLEGIANCE led by Councilman Clutter PRESENTATIONS 1. Council recognized City Employee of the month -Bobby Joe Green, Water Department. ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman West - present Mayor Pro Tem Dannen - present Mayor Jacobson - present PUBLIC COMMUNICATIONS (City business only -5 minute limit) 1. Brian O'Rourke, 627 W. Mariposa Ave. expressed concern over the School District busing for students. Asked Councilmembers and citizens to attend the next School Board Meeting on Tuesday, July 12, 1988 at 7:00 p.m. Mr. O'Rourke asked that Council consider Proposition A funds. Mayor Pro Tem Dannen MOVED, Councilman Clutter SECONDED to consider the school busing item as an emergency matter. MOTION CARRIED BY UNANIMOUS VOICE VOTE. City Manager Sorsabal stated the regulations under the Vehicle Code ( "School" bus) and the regulations for Prop A use are in conflict. The vehicle code states that a bus or vehicle transporting students to or from a school must be marked yellow in color and clearly marked with "School Bus" on the vehicle itself. This regulation precludes it from being used for Proposition A funds. Council discussion ensued. Mayor Pro Tem Dannen asked the President of the School Board how many children and trips were being made daily. Maryland stated an approximation of 4 buses, 350 children coming from Richmond Middle School and Center Street School. President Jones stated the School Board has not devised another solution. City Manager Sorsabal suggested that after the School Board Meeting, the President of the School Board, Superintendent of Schools, the City Manager, members of Council and spokespersons for the citizens or parental group get together and concur to find a solution to this matter. Jan Cruikshank Member of the E1 Segundo School Board 1509 E. Elm stated this matter was discussed with the earlier Council and City Manager and was told the issue was closed. We were informed that this matter had been discussed and were hopeful the issue was again open. Mrs. Cruikshank urged Council's support and consideration in this matter. 2. Frank Wong, 435 Valley read a fact sheet received from the County regarding Prop A funds. PUBLIC COMMUNICATIONS (continued) 3. Dennis Martin. 722 Indiana Court proposed tax ballot measures for the 1988 November Election. 7 4. Jim Cahoon, 437 Whitin4 expressed concern regarding a recent Planning Commission meeting discussing areas of E1 Segundo being used for Hazardous Waste Disposal. Mr. Cahoon urged a no vote regarding a plan instituting areas of the City being used for this project. Mayor Jacobson stated there are companies already creating on- site facilities for this waste. Mayor Pro Tem Dannen asked the attorney if this issue could be considered an emergency. City Attorney Dolley stated this issue is not occurring immediately and is not really considered an emergency issue, although the final decision would rest with Council. Councilman West asked that this item be brought back for discussion at the next Council Meeting of July 19, 1988 Councilman Clutter MOVED to discuss this matter as an emergency issue, Mayor Pro Tem Dannen SECONDED with an amendment that this constitutes an emergency because of the supposed July 1, 1988 deadline. Mayor Jacobson called for discussion. City Manager Sorsabal stated the deadline was actually September 30, 1988. City Attorney Dolley stated that under the Brown Act this matter cannot be considered an emergency issue. Mayor Pro Tem Dannen withdrew his SECOND, Councilman Clutter withdrew his MOTION. Councilman Clutter requested staff retain a consultant to advise Council on this matter for the next Council Meeting of July 19, 1988. 5. Ruth Bigler, 735 W. Pine stated she received a letter of notification from the Hyperion Plant stating their intention of vibration testing. 6. Gail Church, 406 yirginia was concerned with the Toxic Waste issue. 7. Barbara Kristy, 223 W. Maple expressed concern over the Prop A funds and busing for the children. Suggested Chevron or big business donate money to provide for this issue. 8. Mike Randall, 513 W. Maple also concerned with the school busing. At the hour of 8:09 p.m. Council recessed. At the hour of 8:22 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. IT WAS THE CONSENSUS OF COUNCIL TO TAKE THIS ITEM OUT OF ORDER: REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Recommendation by the Recreation and Parks Commission to name the new park at Washington Street (between Maple and Sycamore) Constitution Park. Approve Director of Recreation and Parks Department, representing Dick Croxall asked Council to uphold the Recreation and Parks Commission recommendation to name the new park at Washington Street in honor of the bicentennial of the Constitution of our nation and set the dedication date for September 17, 1988. Levina Bailey, 630 California read a prepared statement regarding her findings of no park in our nation bearing the name "Constitution Park ". Mrs. Bailey requested that our City be the first to have this name. K Councilman Anderson requested a City sign designation for the park. Mayor Pro Ten Dannen MOVED, Councilman Anderson SECONDED to approve the recommendation of the Recreation and Parks Commission. MOTION CARRIED BY UNANIMOUS VOICE VOTE. SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Proposed Budget of 1988 -89 Revenue Sharing. Approval of Use of Revenue Sharing Funds Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on the Proposed Budget of 1988 -89 Revenue Sharing. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated notice of the hearing was published by the Finance Department. Mayor Jacobson asked if any written communication had been received. City Clerk Ron Hart stated no written communication had been received. City Manager Sorsabal stated the following was a statement summarizing the proposed uses of Revenue Sharing Funds: Revenue Interest Receipts from Other Agencies Estimated Fund Balance 7/1/88 Total Expenditures Basic Budget Supplemental Requests *Capital Improvement Total Proposed Appropriations Estimated Fund Balance 6/30/89 Juvenile Diversion Program Finance Main Street Program Total Revenue Sharing Fund $ 36,000 -0- 234.000 $270.000 $ 75,550 34,000 122,000 $231.550 $ 38,450 $ 63,980 11,570 34,000 $109.550 *Project No. PF83 -2 - Library Expansion Project. City Manager Sorsabal concluded by stating his recommendation to approve the Use of Revenue Sharing Funds. Mayor Jacobson opened the Public Hearing to Public input. Seeing none Councilman Anderson MOVED, Councilman West SECONDED to close the public hearing. MOTION CARRIED BY UNANIMOUS VOICE. Councilman Anderson MOVED, Councilman West SECONDED to approve the use of Revenue Sharing Funds. MOTION CARRIED BY UNANIMOUS VOICE VOTE. SPECIAL ORDERS OF BUSINESS (continued) 2. Public Hearing -Weed Abatement Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on weed Abatement. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Ron Hart stated that it was his understanding that notification of the hearing was published by the Department of Public Works. Mayor Jacobson asked if any written communication had been received. City Clerk Ron Hart stated no written communication had been received. 9 City Manager Sorsabal stated there were 12 parcels posted for weed abatement and owners had been notified at the following addresses: Pacific Baptist Church Bill and Gloria Bryant El Segundo 1237 East 5th Street 847 Main Street Manhattan Beach, CA 90266 E1 Segundo, CA 90245 For Property At: 511 E. For Property At: 859 Main Street Franklin Ave. John & Catherine Buck Terry Beverly & Leesa Perea 754 East Penn Street 216 West Walnut Avenue E1 Segundo, CA 90245 E1 Segundo, CA 90245 For Property At: 113 East Maple For Property At: 216 W. Walnut Continental Grand Associates OMAE1 Segundo Properties 2029 Century Park East 1125 West 190th Street Los Angeles, CA 90067 Los Angeles, CA 90248 For Property At:400 Continental B1.For Property At: 500 N. Sepulveda Blvd. Southern Pacific Transport. Co. W.C.Lyman,Superintendent 610 South Main Street, Rm 577 The Atchison, Topeka & Los Angeles, CA 90014 Santa Fe Railway Company Attn: Don Skaff 1170 West Third Street For Property At: Railroad San Bernardino, CA 92410 Right -of -Way Southwest of 339 S. Aviations Blvd. Southern California Edison Co 2244 Walnut Grove Rosemead, CA 91770 For Property At: Edision Right -of -Way at South End of 600 Blk of Douglas St. Madge and Deronda Young 2351 Woodthrush Way Pleasanton, CA 94566 928 Eucalyptus Drive For Property At: Railroad Right- of- WayWest of 225 S. Aviation Blvd. Neva Renfro 759 Main Street E1 Segundo, CA 90245 For Property At: 710 W. Sycamore Avenue Man Ung Xuan -Vien BuiHuu 428 East Acacia Avenue E1 Segundo, CA 90245 216 East Imperial Avenue Mayor Jacobson opened the Public Hearing to Public input. Seeing none, Mayor Pro Tem Dannen MOVED to close the Public Hearing, Councilman Anderson SECONDED. MOTION CARRIED BY UNANIMOUS VOICE. Councilman West MOVED, Councilman Anderson SECONDED to direct the Director of Public Works to take the appropriate action on the abatement procedure. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 3. a. Election to fill two vacancies on the Board of Directors of the E1 Segundo Capital Improvement Corporation. SPECIAL ORDERS OF BUSINESS (continued) Norman Garr informed Council of 2 vacancies on the Board of Directors of the E1 Segundo Capital Improvement Corporation. Mr. Garr stated Council must fill the vacancies as the Corporate bylaws provide that City Council fills vacancies from the City Council members. Mayor Jacobson asked for a motion declaring two vacancies on the Board of Directors of the E1 Segundo Capital Improvement Corporation. Councilman Anderson MOVED, Councilman West SECONDED to declare two vacancies. MOTION CARRIED BY UNANIMOUS VOICE VOTE 4 Mayor Jacobson asked for a nomination for the first vacant position. Councilman Anderson nominated Jim Clutter, Councilman West SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor Jacobson asked for a nomination for the second vacant position. Councilman West nominated Scott Dannen, Councilman Anderson SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Scott Dannen and Jim Clutter were elected as Directors of the E1 Segundo Capital Improvement Corporation. Jim Corones suggested to Council several reasons for negating the Library expansion project. Mrs. William McCoy, 613 Sheldon urged Council to continue with this project. Brian O'Rourke, 627 W. Mariposa stated the electorate has already voted on this project. Hal Hunt, 826 Bungalow was in favor of the expansion. Dave Siemienski, 945 Sheldon was in favor of the library project. Marlene Butterworth, 206 W. Sycamore was in favor of the library project Norman Garr presented the COP issuance and the Resolution Authorizing and approving the purchase contract and the resolution approving certain public projects (and approving the Trust Indenture, Base Lease, Lease, Agency and Assignment and Agreements). b. Resolution of the City of E1 Segundo authorizing and approving a Purchase Agreement with Seidler - Fitzgerald Public Finance in connection with the sale and delivery of a maximum amount of $1,750,000 Certificates of Participation, Series 1988 (Library Expansion and Remodeling Project, dated July 7, 1988. Mayor Pro Tem Dannen MOVED, Councilman Anderson SECONDED to waive further reading and adopt. MOTION CARRIED BY UNANIMOUS VOICE VOTE SPECIAL ORDERS OF BUSINESS (continued) c. Resolution approving certain public projects for the City of E1 Segundo, California; approving the execution, sale and delivery of $1,745,000 principal amount of Certificates of Participation (Library Expansion and Remodeling Project) , Series 1988, evidencing a proportionate interest of the owners thereof in lease payments to be made by the City of E1 Segundo, California, to the E1 Segundo Capital Improvement Corporation for the purpose of providing funds to pay the costs of certain projects for the City of El Segundo, California; authorizing and approving certain documents in connection with the execution, sale and delivery of said certificates; designating said certificates as qualified tax exempt obligations and authorizing certain other actions in connection therewith. (Attached to this Resolution and. to be approved with it are the Trust Indenture, Base Lease, Lease, Assignment Agreement and Agency Agreement.) Mayor Pro Tem Dannen MOVED, Councilman Clutter SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Anderson MOVED, Councilman Clutter SECONDED to adopt. MOTION CARRIED BY UNANIMOUS VOICE VOTE. R At the hour of 8:53 p.m. Council recessed to act as the E1 Segundo Capital Improvement Corporation (Minutes for this action recorded separately). At the hour of 8:55 p.m. the E1 Segundo Capital Improvement Corporation reconvened as the E1 Segundo City Council with all members present and answering roll call. 5. Hearing on Resolution of Necessity to acquire easement required for public golf course property. Mayor Jacobson announced that this is the time and place heretofore fixed for a hearing on a Resolution of Necessity to acquire easement required for public golf course property. Mayor Jacobson asked if any written communication had been received. City Clerk Ron Hart stated a letter had been received from Mr. Gerald Bolinger opposing the issue. Mayor Jacobson opened the hearing. City Attorney Dolley stated this is a resolution of necessity and requires a vote of four members if Council is to acquire any interest in property through eminent domain proceedings. 1. Attorney, Gerald Bolinger 12471 Vista Panarama, Santa Monica representing TY Nursery. urged Council not to adopt the Resolution before them. Mr. Bolinger suggested the City might be in constraints legally if this matter were passed. Mayor Pro Tem Dannen MOVED, Councilman Anderson SECONDED to close the hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE Councilman West asked for clarification from the City Attorney. City Attorney stated that Councils decision at this time is to determine a public necessity. This is a broad term designed to allow the government to acquire property through a legal process to provide the public with a necessary item. City Attorney Dolley read the title of the following: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT ON CERTAIN REAL PROPERTY FOR USE AS A PUBLIC GOLF COURSE AND ALL USES APPURTENANT THERETO Councilman Anderson MOVED, Councilman Clutter SECONDED to waive further reading and adopt the resolution. MOTION CARRIED BY UNANIMOUS VOICE VOTE City Attorney Dolley stated that for the purpose of the record clarification of one matter was necessary. Attorney Dolley stated he was advised than the license or lease agreement that the present owners of the property have with Mr. Bolinger's client have no interference by the City. The City Attorney continued by stating he did not believe the city had interfered at all and in fact Attorney Dolley was informed that the license agreement that Mr. Bolinger's client presently held with the Edison Company had been extended or was about to be extended in a short period of time. The City of E1 Segundo might not be amenable to this, however, we are not to interfere with the negotiation process nor with the relationship between those entities. UNFINISHED BUSINESS 1. Request to construct a six -unit Townhouse Condominium Project at 535 E. Walnut Avenue. The property is an 11,313 sq. ft.(0.26 acre), L- shaped parcel zoned Residential -3 (R -3). The C project includes three two -unit townhouse buildings; the buildings are three - story, measuring approximately 35 ft. in height. City Attorney Dolley read the title of the following: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -163, PRECISE PLAN 88 -1 AND SUBDIVISION 88 -4 /TENTATIVE TRACT MAP 46345, TO ALLOW SIX TOWNHOUSE CONDOMINIUM UNITS AT 535 E. WALNUT AVENUE; PETITIONED BY R. JOSEPH CAPO AND BETTY GARRARD. Mayor Pro Tem Dannen MOVED, Councilman West SECONDED to waive further reading and adopt. MOTION CARRIED BY UNANIMOUS VOICE. Councilman Anderson MOVED, Councilman West SECONDED to adopt the subject ordinance. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Approval to execute Agreement for disbursement of funds in the amount of $34,000 to Downtown E1 Segundo, Inc. (DESI) for purposes of employing DESI Program Manager. Approve agreement 2. Request from Chevron U.S.A. for extension of a Temporary Locker Room Trailer. P.C. No. 735 -88 Replaces P.C. No. 333- 87. Approval of request 3. Minutes from the Adjourned Regular City Council Meeting -June 14, 1988 -6:30 PM. Approve as written 4. Minutes from the Adjourned Regular City Council Meeting -June 20, 1988 -7:00 PM. Approve as written 5. Minutes from the Regular City Council Meeting -June 21, 1988- 7:00 PM Approve as written 7. Downtown Parking Lots. Recommendation to reject bid and investigate alternatives for Council consideration for design and construction of landscaping and lighting of two downtown parking lots. 8. Warrants Nos.14810 -15054 on Demand Register Summary Number 27 in total amount of $1,350,149.59. Approve: Warrant Demand Register and authorize staff to release checks. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. 9. Recruitment for Recreation and Parks Commission and Senior Housing Board Vacancies. Authorize recruitment Mayor Pro Tem Dannen asked that item number 6 be removed for discussion. Councilman Anderson MOVED, Councilman West SECONDED to approve the remaining items listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE. CALL ITEMS FROM CONSENT AGENDA 7 6. West Coast Basin Barrier Project - Disposal Lines. Recommendation to approve plans and specifications; authorize Los Angeles County to proceed with construction of the project; grant permission to occupy and use public streets in the City to construct, operate and maintain installations and issue no -fee excavation permit. Mayor Pro Tem Dannen expressed concern regarding the construction process and the no -fee permit contained within this document. Director of Public Works, William Glickman stated this is a project authorizing pipeline for sewers in that area. Standard conditions for traffic control for this particular project have not been developed. Mayor Pro Tem Dannen suggested this project be used for leverage as a way of avoiding the hazardous waste plan proposed by the County. Mayor Pro Tem Dannen MOVED to table this item until the next Council Meeting of July 19, 1988, Councilman Clutter SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS -CITY MANAGER 1. Proposal to issue Tax and Revenue Anticipation Notes (TRANS) in the amount of $3,000,000 for Fiscal Year 1988 -89. City Manager Sorsabal stated a large portion of General Fund revenue is received during the second half of each fiscal year. This can create a cash liquidity problem between July 1 and March 1 of each fiscal year. Additionally, in the past four fiscal years there have been actual cash deficits in the General Fund. This issue, however, can also create an opportunity to issue tax and revenue anticipation notes, as was completed in fiscal year 1987 -88, for $4,500,000. The proceeds can be reinvested by the City Treasurer at a higher interest rate and generate additional revenue for the City. In order to obtain a ratings for these notes it is staff recommendation to employ Siedler- Fitzgerald as a financial consultant to help analyze cash flows, establish internal accounting, obtain the Moody's rating and to market the note issue. The flat rate for these services is $15,000 and is the same rate as was charged by another company last year. Additionally the City would need to employ a bond counsel to prepare the necessary documents and give the opinions necessary to establish the notes as a tax exempt issue. Staff recommends the employment of the firm Buchalter, Nemer, Fields & Younger to act as bond counsel. Manager Sorsabal concluded by stating that staff's full recommendation is to approve the agreements with Seidler - Fitzgerald and Buchaleter, Nemer, Fields & Younger, and that the Council adopt a resolution authorizing the sale of negotiable revenue anticipation notes in the amount of $3,000,000 and appointment of special bond counsel and financial consultant. In addition, staff is requesting the required Council approval of the Official Statement and Notice of Sale. City Attorney Dolley read the title of the following: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE SALE OF NEGOTIABLE REVENUE ANTICIPATION NOTES, APPROVING OFFICIAL NOTICE OF SALE AND OFFICIAL STATEMENT AND APPOINTING SPECIAL BOND COUNSEL AND FINANCIAL CONSULTANT Councilman Clutter MOVED, Mayor Pro Tem Dannen SECONDED to approve all items and to waive further reading and adopt the above resolution. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS- CITY ILTTORNEY - NONE COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson E -] Reported on the South Bay Cities Meeting Reported on the Downtown Revitalization Meeting in Sacramento. - Councilman Clutter 1. Discussion of Hyperion Monitoring Councilman Clutter asked for clarification regarding the air quality (AQMD) and asked that this item come back to the next Council meeting of July 19, 1988 for reconsideration. 2. Councilman Clutter reported his recent findings regarding early turns. Councilman Clutter stated the Tower instructs the pilots when to turn in an assumption of approaching aircraft. 3. Asked for reconsideration of the Rapid Transit issue and asked for this matter to be put on the next agenda of July 19, 1988 - Councilman West Acknowledged receipt of the Hacienda's letter. -Mayor Pro Tem Dannen 1. Discussion and action on Transient Occupancy Tax. Mayor Pro Tem Dannen stated he received a letter from Mr. Harpoole, President of Hacienda Hotel. Mayor Pro Tem Dannen stated he would not be adverse to continuing action of this item. Mayor Pro Tem Dannen asked for a review of the special exemption given to the Hacienda Hotel and asked for this matter to brought back to the next Council meeting of July 19, 1988. -Mayor Jacobson 1. Statement on the employment of the City Manager. City Attorney read the title of the following: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPOINTING FRED SORSABAL AS CITY MANAGER OF THE CITY OF EL SEGUNDO AND AMENDING SECTION 141.025, CHAPTER 1A.1 OF THE EL SEGUNDO ADMINISTRATIVE CODE. Councilman Clutter MOVED, Councilman Anderson SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Anderson MOVED, Councilman West SECONDED to adopt. MOTION CARRIED BY UNANIMOUS VOICE VOTE. PUBLIC COMMUNICATIONS- (City business only -5 minute limit) 1. Dennis Martin, 722 Indiana Court suggested a formal structure for budget revenue exploration. 2. Fred Roberts, 1206 E. Sycamore commented on the early turn issue and stated pilots are given a cash award for conserving fuel. 3. Ruth Bigler, 736 Pine Ave. asked what a citizen can do besides calling regarding airplane noise. Mayor Jacobson stated if a citizen can give a precise time of the flight over the area it assists the airport staff in identifying the airline and pilot. 4. Frank Wong, 435 Valley expressed concern regarding the contamination of the City's water. 9 MEMORIALS - NONE CLOSED SESSIONS Pursuant to the California Government Code a Closed Session will be held on the following matters: GC 54956.9(a) (City a party to pending litigation) None GC 54956.9 (b) (City might have significant exposure to litigation) 0 matters GC 54956.9(c) (City might decide to initiate litigation) 0 matters Personnel Matters 0 matters ADJOURNMENT At the hour of 10:00 p.m. Council adjourned RECORDED, RONALD L. HART, CITY CLERK 10