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1989 JUL 11 CC MINEL SEGUNDO ADJOURNED CITY COUNCIL MINUTES -JULY 11,1989- 7:OOPM CALL TO ORDER by Mayor Jacobson at 8:30 a.m. PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen ROLL CALL Councilman Anderson- present Councilman Clutter- present Councilman Dannen- present Councilman West- present Mayor Jacobson- present PUBLIC COMMUNICATIONS -(City Business Not Elsewhere on the Agenda Only- 5 minute limit) 1. Dennis Martin, 722 Indiana Court asked Council to consider adding Gross Receipts to the proposed Tax Ordinance. SPECIAL ORDERS OF BUSINESS 1. Public Hearing to receive input from the public concerning the various options available to the City Council to raise revenue to balance the budget. Continued from the Regular City Council Meeting of July 5, 1989. Mayor Jacobson announced that this was the time and place heretofore fixed for a continued Public Hearing to receive input from the public concerning the various options available to the City Council to raise revenue to balance the budget. Continued from the Regular City Council Meeting of July 5, 1989. Mayor Jacobson asked if proper notice of the hearing had been given. City Clerk Hart stated original notice was done by the legal department and it was the consensus of Council to continue this Public Hearing to the present meeting. Mayor Jacobson asked if any written communication had been received. Clerk Hart stated no additional communication had been received since the July 5, 1989 regular Council Meeting. Mayor Jacobson opened the Public Hearing. 1. Mr. Lindsey, Owner of Torque Master was against the Payroll Expense Tax. 2. Terry Gebhardt, Tera Data Corp asked if his letter had been received by Council. The Mayor stated Council had received his letter. Councilman Anderson MOVED, Mayor ProTem Dannen SECONDED to Close the Public Hearing. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor Jacobson proposed an increase to $85.00 on Head Tax, increase 30 cents to per square foot; keep $400.00 per acre charge and institute a Sales Tax Credit of 30% And provide a severe penalty and records of payroll should be kept in the City; the Payroll Tax should be indexed and remove the sunset clause for capital improvement. The total would be 9.6 million. Mayor ProTem Dannen proposed the Payroll Expense Tax because it directly relates to the increase of City Services. Mayor ProTem Dannen encouraged a 30% sales Tax credit based on a company's sales tax for the previous year. This way a company would receive (1) Council Minutes July 11, 1989 a rebate on their payroll expense tax. Mayor ProTem Dannen proposed a .6% Payroll Tax, increase 5 cents per square foot to 10 cents generating a total of 9.9 million. Mr. Dannen also stated he was opposed to the acreage tax and wanted to abolish and that Chevron should be taxed based on square footage and tanks. Councilman West stated he agreed with Mayor Jacobson's proposal but asked the Council to reduce the desired revenue by 1.2 million to take into account the money that may be received from Southern California Edison. Councilman West also felt the 30% credit should also include bed tax. Also wanted residents to pay a refuse fee. Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to not consider the 1.2 million of Utility User's Tax in the revenue considerations. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Clutter, Dannen and Mayor Jacobson NOES: Councilman West Councilman Anderson stated he agreed with Mayor Jacobson's entire proposal. Mayor ProTem Dannen stated he would like the Council to build in a limitation to the density to encourage a broader sales tax base for the City of El Segundo. At the hour of 7:50 p.m. Council recessed. At the hour of 8:00 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. Mayor Jacobson offered a counterproposal to reach a majority of $120.00 for Head Tax, 20 cents a square foot and $500.00 per acre. Mayor ProTem Dannen stated that with research and development you might have one employee for every 500 square feet; for commercial retail you might have one employee for 2000 square feet. The question is whether the City wants to encourage a high density or lower density. The Payroll Tax encourages a lower density and thus a lower retail base. At the hour of 8:05 p.m. Council recessed. At the hour of 8:10 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. At the hour of 8:15 p.m. Council recessed. At the hour of 8:30 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. Councilman Clutter asked which proposal would generate the most retail growth. Council consented on a Policy Statement that the Council is in favor of retail growth. (Promoting Sales Tax) Mayor Jacobson asked Director Harris if she might answer Councilman Clutter's question. Director of Community Development, Lynn Harris stated land use has many facets and can generate retail sales depending on the policy this Council would set. Ms. Harris suggested a meeting with an economic consultant to determine. Mayor Jacobson stated the Payroll tax and the Head tax would be reasonably difficult to audit and would like to see severe penalties included in the ordinance. City Attorney Dolley stated he would provide Council with penalty, negligence and willful avoidance sections within their proposed ordinance. Mayor Jacobson stated again his proposal of $120.00 for Head Tax, 20 cents a square foot and $500.00 per acre, 30% rebate for sales tax, language incorporated into the ordinance (2) Council Minutes July 11, 1989 for penalties, records must be kept within reasonable reach to the City, proper indexing for future years, remove the Sunset Clause from the Capital Improvement and Utilities Tax. Councilman Anderson MOVED, Councilman West SECONDED to direct staff prepare the proper documents with Mayor Jacobson's proposal. Mayor ProTem Dannen called for a ROLL CALL VOTE: AYES: Councilmen Anderson, West and Mayor Jacobson NOES: Councilmen Dannen and Clutter It was the consensus of Council to have the first reading of the Ordinance at the Council Meeting of August 1, 1989. Council directed the City Attorney to have public copies available in the City Clerk's Office, after distribution to Council. City Attorney Dolley suggested adopting a resolution at the next regular Council Meeting of July 18, 1989 to expend funds pending approval of Budget. COUNCIi.1VIEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Asked Staff to look into abatement of the Southeast corner of Main and Pine Streets. PUBLIC COMMUNICATIONS -(City Business Not Elsewhere on the Agenda Only- 5 minute limit) - NONE CLOSED SESSION 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 City of Los Angeles vs City of El Segundo Kilroy Industries vs City of El Segundo GC 54956.9(b)-City might have significant exposure to litigation 1 matters GC 54956.9(c) -City might decide to initiate litigation 2 matters Councilman West MOVED, Councilman Anderson SECONDED, to add one matter for consideration under GC 54957 - Personnel Matters, for Closed Session that was not previously posted. MOTION CARRIED BY AN UNANIMOUS VOICE VOTE. At the hour of 8:55 p.m Council adjourned to the Mayor's Office for a Closed Session. At the hour of 10:50 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. City Attorney Dolley stated no announcement needed to be made, regarding Closed Session. ADJOURNMENT At the hour of 10:57 p.m. Council adjourned. RECORDED, RONALD L. HART, CMC CITY CLERK (3) Council Minutes July 11, 1989