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1989 AUG 01 CC MINEL SEGUNDO CITY COUNCIL MINUTES - AUGUST 1,1989- 7:OOPM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson INVOCATION given by Rev. Bonnie Wulff, New Thought Church PLEDGE OF ALLEGIANCE by Mayor ProTem Dannen PRESENTATIONS 1. Council recognized City Employee of the Month - Marilyn Uyehara, Deputy City Treasurer 2. Councilman proclaimed- Municipal Treasurer's Week - August 7 -13, 1989. ROLL CALL Councilman Anderson- present Councilman Clutter- present Councilman Dannen- present Councilman West- present Mayor Jacobson- present PUBLIC COMMUNICATIONS -(City Business Q&- 5 minute limit) 1. From Dennis Martin -City Budget Tax, for consideration before the upcoming Public Hearing on the Budget. Dennis Martin, 722 Indiana read his letter which stated his favorable reaction to a Payroll Expense tax. He expressed concern regarding the proposed Ordinance which increased head tax on employees and stated it might be difficult to ensure that all employees were counted. Mr. Martin urged Council to direct City staff fiscal impact models upon which to base the new tax policy instead of relying on primitive invisible intuition and pressures from the business community. SPECIAL ORDERS OF BUSINESS 1. Public Hearing on Proposed Ordinance regarding changes to the El Segundo Municipal Code Title 5 (Business Regulations and Licensing) which: amends the business license tax to raise the said tax; adds certain administrative provisions to Chapters 5.04 and 5.08; and deletes the sunset clause from the Utility Users Tax. Mayor Jacobson announced that this was the time and place heretofore fixed for a Public Hearing on Proposed Ordinance regarding changes to the El Segundo Municipal Code Title 5 (Business Regulations and Licensing) which: amends the business license tax to raise the said tax; adds certain administrative provisions to Chapters 5.04 and 5.08; and deletes the sunset clause from the Utility Users Tax. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Hart stated notice of the hearing had been published in a timely manner by the Legal Department. Mayor Jacobson asked if any written communication had been received. City Clerk Hart stated no written communication had been received. Mayor Jacobson opened the Public Hearing. City Attorney Dolley gave Council an update regarding the proposed Ordinance. Mr. Meehan stated most recently, the City Council directed the preparation of an ordinance which would amend the Business License Tax to increase the head tax and square footage tax. This ordinance also repealed the "sunset clause" in the utility users tax. (1) Council Minutes August 1, 1989 Changing the effective date of the sales tax credit to January 1, 1991, would provide the city with $1,350,000 in additional revenue in FY 89/90. This should not impact the incentive to create retail sales in El Segundo as the period on which the sales tax credit will be based upon annually is the fiscal year July through June which for the business license tax due in January 1990 has already passed. Therefore, Mr. Dolley concluded, the incentive available to firms is to increase their taxable sales beginning July 1989 which would be credited on their business license tax due January 1991. 1. Dennis Martin, 722 Indiana Court urged Council to curtail the ordinance before them and reconsider a Payroll Expense Tax. Councilman Anderson MOVED, Councilman West SECONDED to Close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Anderson stated he was in favor of the Ordinance as presented by staff. Councilman West stated he was in favor of the ordinance as presented to Council and was willing to make a MOTION in favor of Ordinance. Councilman Clutter stated he does not feel there was enough Public Testimony and is not willing to vote on an issue that has not been properly noticed to citizens. Councilman Anderson stated the City Council received an equal amount of Public Testimony from residents and businesses. City Attorney Dolley read the title of (Draft 1(c)) the following. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE TO DELETE AND AMEND CERTAIN SECTIONS OF CHAPTERS 5.04 AND 5.08 AND ADDING NEW SECTIONS 5.04265, 5.04.270 AND 5.08.018 REGARDING BUSINESS LICENSE TAXES AND DELETING THE SUNSET CLAUSE ESTABLISHED BY ORDINANCE NO. 1116 Councilman West MOVED, Councilman Anderson SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOTE. Mayor ProTem Dannen stated he felt the business industry had ignored the Council's pleas for assistance in revenue raising ideas. Only when a final draft came before Council did industry suddenly pay attention. Mayor ProTem Dannen stated he felt this ordinance gives our largest companies "a break" and insists the "middle man" is under the gun, one more time. Councilman Anderson MOVED, Councilman West SECONDED to introduce the ordinance. Mayor ProTem Dannen asked for a roll call ballot. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, West and Mayor Jacobson NOES: Councilmen Clutter and Dannen UNFINISHED BUSINESS - NONE (2) Council Minutes August 1, 1989 REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Recommendation to extend the Wall of Honor Committee Recruitment deadline to August 15, 1989. Councilman Anderson asked council to extend the application process to the end of August, 1989. Consensus of Council to extend the application process through August 30, 1989 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. Warrants Nos.21490 -21524 Demand Register Summary Number 29 in total amount of $ 495,913.49 Approve: Warrant Demand Register and authorize staff to release check. Ratify: Payroll and Employee Benefit Checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. 2. Warrants Nos.21391 -21489 Demand Register Summary Number 1 in total amount of $ 220,259.18 Approve: Warrant Demand Register and authorize staff to release check. Ratify: Payroll and Employee Benefit Checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. 3. Request from the Police Department that a maximum of $20,000 from the General Fund be provided to purchase one used undercover vehicle, one mobile radio, required for surveillance equipment and one portable radio. Approve 4. Request from the Police Department that Lt. R.S. Radford be authorized to attend the 159th Session of the FBI Academy, October 1- December 15, 1989. Approve 5. Called for discussion by Councilman Clutter 6. Called for discussion by Councilman Clutter 7. Called for discussion by Mayor ProTem Dannen 8. Interim City Manager Meehan asked for this item to be placed on the next City Council Meeting Agenda- August 15, 1989. 9. Called for discussion by Mayor ProTem Dannen 11. Clarification of Council Action on May 2, 1989 (Resolution No. 2245 - Skateboard Ramps). Rescind Receive and File action on Resolution No. 2245 and Approve Resolution by Council Vote[DS- RESOLUTION] 12. Called for discussion by Councilman Clutter 13. Called for discussion by Councilman Clutter 14. Called for discussion by Councilman Clutter (3) Council Minutes August 1, 1989 CONSENT AGENDA - continued 15. Consent to Assignment of City Contract with Command Data Systems to US West,Inc. Approve and Authorize Police Chief to execute consent form. Councilman Anderson MOVED, Councilman West SECONDED to approve the remaining items listed under the consent agenda. MOTION CARRIED BY UNANIMOUS VOTE. CALL ITEMS FROM THE CONSENT AGENDA 5. A Resolution authorizing certain amendments to the Joint Powers Agreement creating the Independent Cities Lease Finance Authority (ICLFA) and certain other Approve and adopt [LEGAL- RESOLUTION] Councilman Clutter was concerned regarding the authority to sign a resolution. City Attorney Dolley stated this authority is subject to Council discretion, however, in this particular instance the office of Mayor is required partially by state law and partially by the City. Councilman Clutter asked if the Mayor was the only one who could sign a resolution for the City. Mayor ProTem Dannen suggested this item be tabled until a report has been received from the City Attorney with regard to the signing of resolutions. Consensus of Council. 6. A Resolution Requesting an Allocation of County Aid to Cities Funds for the Maintenance of Arterial and Collector Streets Adopt Resolution [DS- RESOLUTION] Councilman Clutter asked the subject letter sent, requested the City Manager for action, why is it the Mayor's responsibility to sign the resolution. Mr. Clutter felt that as one of five members of council voting on a resolution or an ordinance he, too should be able to sign his name. City Clerk Hart stated the Mayor simply authenticates the resolution but a certificate is placed with the resolution stating who voted and how they voted. At the hour of 7:50 p.m. Council recessed. At the hour of 7:55 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. City Attorney Dolley stated that all ordinances are required by state law to be signed by the Mayor. Not all Resolutions, however, are required to be signed by the Mayor. With regard to Joint Powers Lease, this is required by law to be signed by the Mayor. He advised Council to avoid resolutions whenever possible. Councilman Clutter stated that the Mayor then, is not an equal member of the Council. City Attorney Dolley stated the Mayor cannot simply sign a resolution at will. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to approve item number 6. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman Clutter MOVED, Councilman West SECONDED to approve item number 5 listed on the Consent Agenda. MOTION CARRIED BYUNANIMOUS VOICE VOTE. (4) Council Minutes August 1, 1989 CALL ITEMS FROM CONSENT - continued 7. Landscaping and Lighting of 2 City Parking Lots Located at the Northeast Corner of Richmond Street and Franklin Avenue, and the 400 Block of Main Street Accept the work as complete Mayor ProTem Dannen asked if any other Councilman had a concern with this item. Hearing no response Mayor ProTem Dannen stated decisions with regard to any DESI projects are in conflict of interest with Councilman West and challenged Mr. West with his right to vote because this is within 300 feet of his property. Councilman West stated he would be more than willing to withdraw his right to vote if what Dannen stated is in fact true. City Attorney Dolley stated the new law prohibits any Councilmember from voting on an item that is within 300 feet of his property. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and Mayor Jacobson ABSTENTIONS: Councilman West 8. Plans and Specifications for Installation of a New Heating, Ventilating and Air Conditioning System for the West Wing of City Hall Adopt plans and specifications and authorize staff to advertise for bids Acting City Manager Frank Meehan asked that this item be table until the next Council Meeting of August 15, 1989. 9. Request Approval of Single Source Contract - Foaming of Sewer Lines Waiver of Bidding Procedure for Foaming of Sewer Lines and Authorize Staff to Issue Purchase Order to PSM Corporation in the amount of $17,000. [DS- AGREEMENT] Councilman Clutter asked if the City was going to continue sending this item out for bid. Acting Manager Meehan stated there is no other company in Southern California who can perform this type of job or who has the chemical and knowledge needed to complete this procedure. Interim Water/Wastewater Superintendent, Jack Schroeder stated he was somewhat reluctant to recommend the City purchase such a piece of equipment as he is only interim. He stated the City hasn't always used this amount of money, it simply authorizes staff for up to $17,000. Acting City Manager Frank Meehan stated he would provide Council with some more facts and figures on this item. It was the consensus of Council to table this item until a report is received by Staff. 10. Request Approval of Single Source Contract - Preventive Maintenance Inspections of Sewage Pumping Stations and Storm Water Pumping Stations Waiver of Bidding Procedure for Preventative Maintenance Inspections and Authorize Staff to Issue Purchase Orders to Flo- Systems, Inc. in the amount of $15,624.[DS- CONTRACT] Councilman Clutter asked why the City was not performing this job. Interim Civil Engineer, Jack Schroeder stated there is not enough experience, skills or capabilities in the City staff to perform this function and suggested that when the permanent position of Waste Water Management Superintendent is filled there should be a position created for this function. (5) Council Minutes August 1, 1989 CALL ITEMS FROM CONSENT - continued Councilman Clutter stated he was concerned over a single source contract awarded to the same company every year. Councilman Clutter MOVED, Councilman Anderson SECONDED to approve item number 13. MOTION CARRIED BY UNANIMOUS VOICE VOTE 12. Request for Extension of a Single Unit Temporary Trailer, P.C. 655 -89B Replaces P. C. 861- Approval of Request 13. Request for Extension of 3 Temporary Trailers, P. C. 655 -89C Replaces P. C. 875 -88 Located 14. Request for extension of 17 Temporary Trailers, P.C. 655 -89A replaces P.C. 655 -88 Located at 2060 East Imperial Highway Approval of request Councilman Clutter expressed concern over the lack of businesses in office spaces in the City and asked if the Council was encouraging non - conforming use by extending trailer usage. Director of Building Safety, Mac Dagleish stated the trailers serve as a temporary office space until the construction is completed. He stated the 21 trailers would be phased out by 1991. Councilman Clutter MOVED, Mayor ProTem Dannen SECONDED to approve items 12, 13, and 14. MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS - CITY MANAGER 1. Setting Date for Hearing on Budget. Council direction It was the consensus of Council to hold a Hearing at the Council Meeting of August 15, 1989 after the revenue ordinance had been adopted. NEW BUSINESS -CITY CLERK 1. Discussion of City Code of Ethics City Clerk Hart stated all current information was provided. A code of ethics is a writing of morality. There is a question of policing the code of ethics and who would be responsible for such action. Mayor ProTem Dannen apologized for involving the City Clerk in this matter. He stated he thought there might have been a generic code that could have been provided by the legal department. Mayor ProTem Dannen stated it was his intent to encourage all elected individuals to be aware of their conflicts of interests and continue to act in a moral fashion as elected officials. He stated he was especially interested in the conflict of interest and reporting of campaigning practices' laws. City Attorney stated the legal department could formulate language with regard to campaign reporting, conflict of interest etc., and suggested the Council hold a study session to discuss this item and possibly establish some guidelines. It was the consensus of Council to direct the City Clerk and the Legal Department to provide Council with more information on this matter. 2. Report on Compliance with the City Conflict of Interests Resolution City Clerk Hart stated efforts on the part of his office have been ineffective in obtaining reports of conflicts of interest from the Senior Housing Board and Recreation and Parks Commission (6) Council Minutes August 1, 1989 NEW BUSINESS CITY CLERK - continued Mayor ProTem Dannen asked which body of Authority can take punitive action. City Attorney Dolley stated that the Council can remove any persons who refuse to provide conflict of interest. Mayor ProTem Dannen suggested, at the direction of the Council, send registered returned receipt packages to their individual homes and give them 30 days. If they fail to respond within 30 days, they will be removed from office. Councilman West did not think punitive action was necessary for persons who provide so many hours of their time to the community. Councilman Anderson suggested the representative of Council see the Recreation and Parks commission and relay this message and delegate someone from Council to attend a Senior Board Meeting. City Attorney Dolley suggested Council send a returned registered receipt to ensure a record of your action. Mayor Jacobson suggested a 45 day limit as opposed to only 30 days. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to send a returned registered receipt to each individual board member and commissioner in question and require a filing within 45 days; furthermore, this matter also be placed on the next agenda of the Senior Housing Board and Recreation and Parks Commission. MOTION CARRIED BY UNANIMOUS VOICE 3. Discussion of Local Election Campaign Reporting Councilman Clutter suggested a donation limit and contributions be allowed from individuals only. Councilman Anderson left the dais at 8:56 p.m. Councilman West read a prepared statement regarding the two political factions in El Segundo and a subjective opinion of local election Campaign reporting. Councilman West asked that each councilmember simply be honest with each other and the community. Councilman Anderson returned to the dais at 8:58 p.m. Mayor ProTem Dannen stated he fought for the medium -sized businesses in his pursuit for payroll taxes, as they provide more than half of the business license tax to the City. Mayor ProTem Council directed staff to research and present Council with information pertaining to limitations on campaign contributions. City Attorney Dolley stated Council has the authority to adopt stricter campaign limitations. Pending Council review of all matters concerning the code of ethics and conflict of interest, Council will set a Study Session date for public discussion. NEW BUSINESS -CITY ATTORNEY 1. Proposed Ordinance of the City Council of the City of El Segundo, California, Amending Title 2 (Administration and Personnel) of the El Segundo Municipal Code by Deleting and Adding City Attorney Dolley Read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE EL SEGUNDO MUNICIPAL CODE BY DELETING AND ADDING CERTAIN SECTIONS TO CHAPTER 2.04 (CITY MANAGER) (7) Council Minutes August 1, 1989 NEW BUSINESS -CITY ATTORNEY Councilman Clutter MOVED, Councilman West SECONDED to waive further reading. MOTION CARRIED BY UNANIMOUS VOTE. Councilman Anderson MOVED, Councilman West SECONDED to introduce. MOTION CARRIED BY UNANIMOUS VOTE COUNCILMEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Stated there are tournaments currently being held for Little League, Bobby Sox, and Babe Ruth. - Councilman Clutter Asked the Mayor if he thought there would be any benefit to discuss where the Airport currently stands with regard to noise.. Mayor Jacobson stated he was in favor of any discussion on this subject. Councilman Clutter asked that this matter be placed on the Council Agenda of September 5,1989 for discussion. - Councilman west NONE -Mayor Pro Tem. Dannen NONE -Mayor Jacobson NONE PUBLIC COMMUNICATIONS -(City Business Only- 5 minute limit) 1. J.B. Wise, 519 Marylan d expressed concern regarding the discord among Councilmembers and agreed with Mayor ProTem Dannen on the need for a Code of Ethics. He suggested all councilmembers be investigated for Conflict of Interest. MEMORIALS NONE CLOSED SESSION Pursuant to the California Government Code a Closed Session will be held on the following matters: Mayor ProTem Dannen MOVED, Councilman West SECONDED to add and consider the following item for Closed Session: GC 54596.9(a) -City a party to pending litigation CITY OF LOS ANGELES VS EL SEGUNDO and an additional item under Personnel Matters. MOTION CARRIED BY UNANIMOUS VOTE GC 54956.9(a) -City a party to pending litigation NIEHOFF VS CITY OF EL SEGUNDO GC 54957 - Personnel Matters 2 MATTERS (8) Council Minutes August 1, 1989 CLOSED SESSION - continued At 9:40 p.m. Council adjourned to the Mayor's Office for a Closed Session. At 10:25 p.m. Council recessed from Closed Session, and reconvened in Closed Session at 10:40 p.m. At the hour of 10:50 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. The Mayor announced no actions taken in Closed Session. ADJOURNMENT At 10:55 p.m. Council adjourned to Wednesday, August 2,1989 at 7:00 p.m. to continue the Agenda for August 1, 1989 under Closed Session. RECORDED, RONALD L. HART, CMC, CITY CLERK (9) Council Minutes August 1, 1989