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1989 MAR 21 CC MINEL SEGUNDO CITY COUNCIL MINUTES -MARCH 21, 1989- 7:00PM CALL TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION given by City Clerk Ronald L. Hart. PLEDGE OF ALLEGIANCE led by Councilman Clutter PRESENTATIONS - NONE ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman West - present Mayor ProTem Dannen - present Mayor Jacobson - present PUBLIC COMMUNICATIONS (City business only -5 minute limit) 1. Petition requesting an ordinance to regulate smoking in workplaces restaurants, and other public places. Create and adopt ordinance 2. Brian O'Rourke, 627 Mariposa expressed concern regarding the library expansion. Would like Council to go forward with the expansion. 3. J.B. Wise, 519 Maryland expressed concern regarding the internal differences among councilmembers. 4. Ed McCaroll, P.O. Box 998, El Segundo Santa Monica Resident addressed the potential smoking problem that exists within E1 Segundo. Urged Council to approve the ordinances regarding smoking. 5. Carl Simaraw, Culver Citv addressed Council regarding the need for smoke -free air. 6. Debra Godwin, Hughes Aircraft employee in favor of a smoke - free environment. 7. Ralph Soclo, former employee of Rockwell in favor of a smoke - free environment. 8. Walt Baloffski,_Representative of Smokina Oraanization in favor of a smoke -free environment. 9. Leslie Avernake, Continental Employee encouraged Council to pass a smoke -free ordinance. 10. Melton Vester, Hughes Aircraft Employee in favor of smoke - free environment. 11. Kurt Moesler, Aerospace Employee encourage Council to pass a smoke -free ordinance. 12. Louise Ekerslev, 505 Kansas against a smoke -free ordinance. 13. Hersh Cope, E1 Segundo worker in favor of a smoke -free ordinance. (1) Council Minutes March 21, 1989 PUBLIC COMMUNICATIONS (continued) 14. Dennis Martin, 722 Indiana Ct. in favor of a smoke -free ordinance. 15. Doctor McCarthy, UCLA Researcher in favor of a smoke -free ordinance. Councilman Clutter suggested the adoption of a restrictive smoking ordinance. Councilman West suggested coming back to Council with more information stating the specificity of our City. Mayor ProTem Dannen MOVED to direct staff to report back to Council at its next regular Council meeting with a model ordinance to discuss at a Study Session. Councilman West SECONDED. MOTION CARRIED BY UNANIMOUS VOICE VOTE. SPECIAL ORDERS OF BUSINESS - NONE UNFINISHED BUSINESS - NONE REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. DESI request for co- sponsorship with the City on City Announced Clean -Up Week, April 24 -28, 1989. Ken Scofield, DESI Representative requested Council co- sponsor a Clean -Up Day on April 29, 1989. In an effort to arouse community spirit, DESI would conduct a 3 hour cleaning of the downtown area. Asked to utilize the City Hall quad facility for a social hour after the event, the use of brooms and the distribution of literature with the council's name announcing the date of the event. Councilman Anderson MOVED, Councilman West SECONDED to approve the co- sponsorship and to include the necessary insurance to cover the liability of the City. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. DESI request to conduct "Let's Do Lunch" -May 3, 10, 17, 24 and 31, 1989 from 12:00 gm to 1:00 gym. Kathy Metcalf requested Council to allow the sale of food at the event. Councilman West MOVED, Councilman Anderson SECONDED to MOTION CARRIED BY UNANIMOUS VOICE VOTE. 3. Report on the City's Group Medical Insurance Plans and Request to Continue City's Contributions to Employees at present levels. Director of Personnel, Fred Weiner gave a brief update regarding the status of the employee insurance. Director Weiner introduced Al Graham, Insurance Committee member. Al Graham, Insurance Committee member requested Council retain the City's current medical insurance plans and continue City contributions to employees at the present levels through to November of this year instead of April, 1989. Director Weiner stated the dollar figure to subsidize would be $2800 per month. (2) Council Minutes March 21, 1989 REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS (continued) Mayor ProTem Dannen requested Director Weiner give the figure the City was paying in October and what the City is paying to date to study the comparison. Council discussion ensued regarding the direct dollar benefits to the City if this $2800 were not expended each month through November. IT WAS THE CONSENSUS OF COUNCIL TO DECIDE ON THIS MATTER LATER IN THE MEETING WHEN DIRECTOR WEINER HAD DOLLAR AMOUNTS TO PRESENT TO COUNCIL. 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. Mayor ProTem Dannen requested item numbers 3; Councilman Clutter requested item numbers 1, 2 and 4 be removed for discussion. NO CONSENT ITEMS WERE ENACTED BY COUNCIL. CALL ITEMS FROM CONSENT AGENDA 1. New Agreement with Mr. Richard Garland to continue to provide contract Traffic Engineering Services at new rate of X$35.00 an hour. Authorize the City Manager to execute the subject agreement. Councilman Clutter expressed concern over the cost and the new rate. Mayor ProTem Dannen requested this item be sent back to staff because of lack of back -up material. City Manager Sorsabal asked for the authority to retain this employee until such time as the Council is satisfied with the agreement. Mayor ProTem Dannen MOVED, Councilman West SECONDED to continue with the remaining contract until such time as the existing agreement is reworked to the satisfaction of Council. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Caltrans request to approve closure of two lanes of Imperial Highway generally between Sepulveda Boulevard and Aviation Boulevard for approximately 15 months to facilitate construction of I -105 Freeway in consideration of payment of traffic mitigation fees to the City. Approve requested closure Councilman Clutter expressed concern mitigation dollars given by Caltrans the money and decide at a later date monies. Director of Public Works, William G1 possible to discuss with Caltrans to our own decisions for the allocation (3) regarding the traffic and asked if we could take where to allocate the ickman stated it might be receive the monies and make of the $259,000. Council Minutes March 21, 1989 CALL ITEMS FROM THE CONSENT AGENDA (continued) City Manager Sorsabal stated that if Caltrans has offered the City money for traffic mitigation because of problems directly created by the closure of the two lanes on Imperial Highway, the City might be bound to use the monies for traffic mitigation purposes only. Councilman Clutter requested a definite answer regarding this subject. Bill Ferrari, Junior Civil Engineer for Caltrans addressed Council and affirmed that traffic mitigation fees were discussed. Councilman Anderson asked if the considerable amount of money by instead of 18 months. Curt Thomas, Kesler Corporation developer was saving a completing the job in 15 months affirmed this was true. Councilman Clutter MOVED, to approve the closure and direct the City Manager to propose negotiations with Caltrans on funds awarded to the City with the stipulation that funds may be used for any legal City purpose and not limited to traffic mitigation; Mayor ProTem Dannen SECONDED, MOTION CARRIED BY UNANIMOUS VOICE VOTE. At the hour of 8:45 p.m. Council recessed. At the hour of 8 :55 p.m. Council reconvened in the Council Chambers with all members present and answering roll call. IT WAS THE CONSENSUS OF COUNCIL TO CONSIDER THE EMPLOYEE INSURANCE (ITEM NUMBER THREE LISTED UNDER REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS) AT THIS TIME. Director of Personnel, Fred Weiner stated that prior to the rate increase the City was paying $35,008.00 and after the rate increase the City was paying $41,082.00. Council discussion ensued regarding the City's options for other insurance companies and how other cities deal with this issue. Mayor ProTem Dannen MOVED to deny the employees request for subsidy, Councilman Clutter SECONDED MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Clutter, Dannen and Mayor Jacobson NOES: Councilmen Anderson and West 3. Request for approval to install 470 sq. feet building sign for Air New Zealand atop Xerox Centre II. 1960 East Grand Avenue. Approval subject to the permit and installation requirements of ESMC Chapter 16.24 Mayor ProTem Dannen expressed concern regarding the size proposed for this sign and suggested the size be kept to 300 square feet. Director of Community Development, Lynn Harris stated the Master Sign Plan only allows for three signs on the building and should another tenant request signage, this would be referred to the Planning Commission for amendment to the Master Sign Plan. Councilman West MOVED, Councilman Anderson SECONDED to approve the request. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: (4) Council Minutes March 21, 1989 ITEMS FROM THE CONSENT AGENDA (continued) AYES: Councilmen Anderson, West and Mayor Jacobson NOES: Councilmen Clutter and Mayor ProTem Dannen 4. Warrants Nos.19000 -19239 on Demand Register Summary Number 19 in total amount of $908,368.20 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. Councilman Clutter expressed concern regarding a number of expenses listed under the Warrant register. Mayor ProTem Dannen expressed concern regarding the expenditure in excess of $200.00 for recreation equipment. City Manager Sorsabal assured Council regarding all concerns expressed by Council. Councilman Clutter MOVED, Councilman West SECONDED to approve the Warrant Register MOTION CARRIED BY UNANIMOUS VOICE VOTE. NEW BUSINESS -CITY MANAGER 1. Request from George Akoboff for three taxi cab permits to operate under the names of Metrochecker Cab Company, Skycab, and Checker Yellow Cab Company. City Manager Sorsabal stated no criteria exists for reviewing the applications for other than minimum code requirements. Staff's request for direction from Council is to determine if they wish to regulate the number of companies and taxis doing business in the City and, if so, what is the criteria for reviewing an application. At one time, a franchise system was contemplated for taxi service as evidence by certain sections in Title 5. Additional research would be necessary to determine if we have used franchises and if so, what our experiences were. Manager Sorsabal continued by stating that there are no vehicle age requirements in Title 5 nor in Police ordinances. We can find no record of Council action setting forth vehicle age as a criteria for permitting. It appears the notation on the application saying vehicles could not be over three years old is a previous staff interpretation. City Manager Sorsabal requested Council approve the request and stated staff would report back to Council with an up -to -date ordinance that corresponds to Council policy. Councilman West MOVED, Mayor ProTem Dannen SECONDED to approve staff's request and direct staff to submit a current and more appropriate ordinance regarding this issue. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2. Playground Equipment at five parks /PW 88 -12 City Manager Sorsabal recommended Council reject all bids submitted as the monies would come from the General Fund account. Councilman West MOVED, Mayor ProTem Dannen SECONDED to reject all bids submitted. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 3. Furnishing and application of Slurry Seal at Various Locations - Project PW 89- 1.(Gas Tax Funds) (5) Council Minutes March 21, 1989 NEW BUSINESS - CITY MANAGER (continued) City Manager Sorsabal stated those areas slurry sealed would encompass the Northwest quadrant of the residential area of the City this year, totalling approximately 8 miles of streets. The Council is not authorizing the funds but simply authorizing staff to advertise for bids. Councilman Clutter asked how restricted this money actually was. City Manager Sorsabal stated this money can only be used for street maintenance related projects. Mayor ProTem Dannen asked if striping and or restriping could be included in the bid specifications. Councilman Clutter MOVED to delay this action until December 1st, 1989, after the November Election. Councilman Clutter's MOTION died for lack of SECOND. Councilman West MOVED, Councilman Anderson SECONDED to Adopt plans and specifications and authorize staff to advertise for bids. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, West and Mayor Jacobson NOES: Councilmen Clutter and Dannen 4. Recommendation to replace Water Division Loader / Backhoe Unit 2512 and to waive City bid procedures. City Manager Sorsabal requested Council waive the City bid procedures, appropriate $31,433.30 from the Equipment Replacement Fund and replace Unit 2512 with a new Case Model 580K backhoe from Case Power and Equipment. This is not General Fund Money but Water Money and is in need of replacement. The amount is equal to amount of low bid to City of Los Angeles for identical unit. Mayor ProTem Dannen reconfirmed that the backhoe is used in emergencies for laying pipe and it could be a significant cost to the city if a backhoe had to be rented. If the City has this 14- year old piece of equipment repaired it would cost the city $8,000 with the possibility of more repairs later. Buying a backhoe would be significantly cheaper over the long run. Mayor ProTem Dannen MOVED, Councilman Anderson SECONDED to Waive City bid procedures, appropriate $31,433.30 from the Equipment Replacement Fund (Water Fund Enterprise Funds) and replace Unit 2512 with a new Case Model 580K from Case Power and Equipment. Councilman Clutter asked if the City could lease this piece of equipment. City Manager Sorsabal stated the City does not have any tax advantages as a Municipality for leasing equipment. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: Councilmen Anderson, Dannen, West and Mayor Jacobson NOES: Councilman Clutter (6) Council Minutes March 21, 1989 NEW BUSINESS - CITY MANAGER (continued) 5. Consideration of an ordinance which would amend chapter 3.24 of the El Segundo Municipal Code (Utility Users Tax) to remove the exemption for an electrical corporation using gas for the generation of electricity. Councilman West expressed concern regarding the possibility of the Edison Company surcharging the residents of E1 Segundo as a result of the adoption of this Ordinance. COUNCIL OPENED THIS ITEM TO PUBLIC COMMENT Jack Mangold. Representative of SCE stated a surcharge would be sought through the Public Utilities Commissions for E1 Segundo residents and non - residents. Stated they would seek charge back for such time as this ordinance goes into effect. Councilman Anderson asked how much the returned cost was after SCE went to natural gas. Mr. Mangold stated the savings was passed on to the customer through the use of natural gas. Mayor ProTem Dannen expressed clarification that if SCE incurs increased costs it is passed onto the customer but if SCE saves money then the customer is not charged a higher price. 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 SECTIONS 3.24.010(a) AND 3.24.040 OF CHAPTER 3.24 OF THE EL SEGUNDO MUNICIPAL CODE TO REMOVE THE EXEMPTION FROM THE UTILITY USERS TAX FOR AN ELECTRICAL CORPORATION USING GAS FOR THE GENERATION OF ELECTRICITY. Councilman Anderson MOVED, Mayor ProTem Dannen SECONDED to waive further reading and introduce. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 6. Consideration of an ordinance which would amend chapter 3.24 of the E1 Segundo Municipal Code (Utility User Tax) to provide that businesses which are cogenerators shall pay a Utility Tax regardless of whether or not the business is an electrical corporation. Mayor ProTem Dannen verbalized clarification regarding this tax and asked if the ordinance could be changed to read that the surplus tax be established at the Edison rate. IT WAS THE CONSENSUS OF COUNCIL TO MOVE TO THE NEXT ITEM. 7. Consideration of an ordinance which would amend chapter 3.24 of the E1 Segundo Municipal Code (Utility Users Tax) to provide that both intrastate and interstate telephone calls are subject to the Provisions of chapter 3.24. Mayor ProTem Dannen asked to call a special meeting on March 28 to consider this ordinance because it was not readily available to the public for review. IT WAS THE CONSENSUS OF COUNCIL TO CONTINUE ITEM NUMBER 6 AND ITEM NUMBER 7, NEW BUSINESS CITY MANAGER TO AN ADJOURNED CITY COUNCIL MEETING ON TUESDAY, MARCH 28, 1988. (7) Council Minutes March 21, 1989 NEW BUSINESS - CITY MANAGER (continued) 8. City's Fiscal Condition: Reduction Policies and New Revenue Polices. City Manager Sorsabal stated staff has not been able to determine the cancellation policy of the bonds to date but staff is in the process of determining the number of bond holders. The Financial consultant will then give a market value of the bonds and the City will pay a penalty. What is disturbing is that in order to accomplish this we need to notify all the bond holders and ask them to release the bonds. It may disrupt the relationships the City might have regarding financial stability for future relationships. The bondholders are the persons who have the final say so. They may refuse to relinquish the bonds. Mayor ProTem Dannen stated that he recollected the only direction Council gave to staff was to determine the amount it would cost the City to reassess the library. City Manager Sorsabal affirmed that this could occur but a telephone conversation with the institution is set for March 22, 1989 and staff will know how many bondholders actually exist. City Manager Sorsabal stated the revenue generated from the Senior Housing was earmarked for paying the $1.7 million outstanding for the library expansion. COUNCIL OPENED THIS ITEM TO PUBLIC DISCUSSION 1. Marlene Butterworth, 216 W. Sycamore directed questions to City Manager Sorsabal regarding possible litigation as a result of cancellation and architect fees. Reminded Council of the renovations needed (ie. handicap, and earthquake) to bring the library up to state code. 2. Ida McCoy, 613 Sheldon in favor of expansion. 3. Bill Gaston, 600 California St. suggested a special meeting regarding this one issue. 4. George Wallace in favor of the library expansion. 5. Dave Simenski. 945 Sheldon St. in favor of the library expansion. 6. Bill McCoy, 613 Sheldon St. urged Council to go forward with the Library expansion. 7. Dennis Martin, 722 Indiana in favor of library expansion. 8. Maxine Miller, 626 E. Hollv urged Council to consider the children in the library expansion. IT WAS THE CONSENSUS OF COUNCIL TO CARRY THIS ITEM TO THE ADJOURNED MEETING OF TUESDAY, MARCH 28, 1989 NEW BUSINESS- CITY ATTORNEY - NONE (8) Council Minutes March 21, 1989 COUNCIL MEMBERS REPORTS AND RECOMMENDATIONS - Councilman Anderson Announced the Mayor's Good Friday Breakfast at the George E. Gordon Clubhouse. - Councilman Clutter - NONE - Councilman West Reminded the Council of the Bicentennial Events coming in April. -Mayor Pro Tem Dannen Commented on the emergency reserve fund but stated there could be some serious ramifications in utilizing that money (ie. self - insurance). -Mayor Jacobson 1. Draft letter to Department of Airports requesting feasibility study begin on airport noise sound wall. Mayor Jacobson asked for Council support regarding a letter drafted to the Department of Airports. Mayor ProTem Dannen MOVED to proceed with the letter, Councilman Clutter SECONDED MOTION CARRIED BY UNANIMOUS VOICE VOTE PUBLIC COMMUNICATIONS- (City business only -5 minute limit) 1. Gary Shultz, 217 E. Oak stated he was not given the necessary information to provide competitive bids for the employee insurance. 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) AMERICAN GOLF VS CITY OF EL SEGUNDO CITY OF LOS ANGELES VS CITY OF EL SEGUNDO IT WAS THE CONSENSUS OF COUNCIL TO CARRY THE CLOSED SESSION ITEMS TO THE CITY COUNCIL MEETING OF TUESDAY, MARCH 28, 1989 IF MORE INFORMATION EXISTS ON THEM. ADJOURNMENT At the hour of 11:30 p.m. Council adjourned to March 28, 1989. RECORDED, RONALD L. HART, CITY CLERK CMC (9) Council Minutes March 21, 1989