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1991 AUG 06 CC MIN-7REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Mf UTES - AUGUST 6, 1991 CALLED TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION led by Dr. J.H. Greer, Pacific Baptist Church. PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen PRESENTATIONS Mayor Jacobson presented Certificates of Recognition for past services as Planning Commissioners to John Van Hook and Robert Drean. 2. Mayor Jacobson presented a Certificate of Recognition to Fred Roberts for past services as a Recreation and Parks Commissioner. 3. Mayor Jacobson presented a Certificate of Recognition to Mary Jo Drean for past services as a Trustee of the El Segundo Library Board of Trustees. ROLL CALL Councilman West Councilman Wise Mayor ProTem Dannen Mayor Jacobson PUBLIC COMMUNICATIONS - Present - Present - Present (Arrived at 7:07 P.M.) - Present Four individuals addressed City Council. Sue Carter, Friends of the Library informed Council $5,801 was received from the Library auction. Mayor ProTem Dannen arrived at 7:07 P.M. Len Bonea, Dune Street addressed Council complaining of Hyperion odors. Councilman West left dias at 7:20 P.M., and did not participate in the discussions or actions taken regarding Item 1 under Public Communications. Petition for additional Stop signs on Grand Ave. - at Grand Ave. and Whiting St. - to the existing Whiting Street north/southbound traffic Stop signs. Lori Choquette, 224 Whiting St. addressed Council submitting a petition asking for their support of additional Stop signs on Grand Avenue, in addition to existing stop signs on Whiting St. north /southbound traffic Stop signs. Alan West addressed Council supporting Ms. Choquette's and petitioner's request. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to direct staff to prepare a resolution for 4 -way stop signs on Grand Avenue at Whiting Street, and for staff to research other methods to slow eastbound traffic down. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. Tom Jolly, 352 Loma Vista addressed Council supporting additional stop signs, but requested they be placed on Loma Vista instead of Whiting Street, or to place a Yield sign on Grand Avenue instead of additional stop signs. He also recommended a signal be placed at Center Street and Grand Avenue. Mayor Jacobson stated a signal at Center St. and Grand Ave. will be considered in this years Capital Improvement Program Budget. Mayor Jacobson closed the Public Communications portion. A SPECIAL ORDER OF BUSINESS Proposed ordinance adding a new Section 5.04.222 to Title 5 of the El Segundo Municipal Code - granting a credit regarding tax penalties. City Manager Cano stated Council directed staff several months ago to research possibilities of restructuring the City's Business License Tax. Staff and the City Attorney have prepared an amendment to the El Segundo Municipal Code (ESMC) for Council's review and possible action. City Attorney Dolley informed Council the draft ordinance adds a new Section 5.04.222 to Title 5 of the ESMC which grants a credit regarding penalties. Should a business pay a penalty by September 30 of any year, 50% of that penalty will be credited on the following tax year - if the tax is paid by February 1 in the following year. If the amount of the penalty is more than 50% of the penalty - that can go over several years cannot go over 50% of the tax for the following year. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to read by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. City Attorney Dolley Read By Title Only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW SECTION 5.04.222 TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE, GRANTING A CREDIT REGARDING TAX PENALTIES. INTRODUCED by Mayor ProTem Dannen. 2. Oral Report: Avigation Easements. City Attorney Dolley presented a report stating that the City of Los Angeles is considering the subject of avigation easements at the Board of Airport Commissioners meeting within a week. Although the Council has adopted a resolution opposing all avigation easements, he and staff were requesting authorization for them and the Mayor to address alternatives to avigation easements at this meeting. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to authorize staff, City Attorney, and Mayor Jacobson to address avigation easement alternatives at the Board of Airport Commissioners meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. B. UNFINISHED BUSINESS Written Appeals Regarding Penalties and Interest By: Air New Zealand Limited - $57,638, Aura Svstems. Inc. - $49.554. Business Data. Inc. - $3.217, and Inference Corporation - $29.187. Air New Zealand Limited: City Manager Cano presented an update report regarding the penalties and interest appeals, and asked Council to deny the appeals and demand payment. Mayor ProTem Dannen questioned whether these companies on the agenda were notified of the legislation Council would have been considering tonight on the granting a credit regarding tax penalties. City Attorney Dolley responded he was not aware these companies had any formal notification. Rod Margo, Representative for ANZ addressed Council stating as representative for ANZ, he did not feel the ordinance was sufficient enough. Furthermore, their request for minutes and notices from the City Clerk's Office has not been responded to, and the only response received was a letter from City Clerk Hart informing them of a $30.00/hr. fee for research. City Clerk Hart responded stating Mr. Margo's letter was extremely vague and only asked by the City had not complied with the Brown Act. He stated the Brown Act consists of 200 portions which must be complied with, and without Mr. Margo specifically stating what he wanted, the Clerk's Office would need to go through each portion. Furthermore, Mr. Margo specifically asked why the City had not complied with Sections 53722 and 53723 of the Government Code. To all constitutional attorney's, it was known that they would be construed as unconstitutional, and some months ago by the courts of the State of California, have been determined to be unconstitutional - which is why we do not comply with it. The notice Mr. Margo is looking for is integrated within the agenda, and if he look at the agenda, he would see the notice that is required. Our Office would be happy to assist Mr. Margo should he be more specific. Mayor ProTem Dannen asked City Clerk Hart to transmit copies of notices and minutes pertaining to this subject. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to deny appeal and demand immediate payments of penalties and interest in the above amount. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. VA Aura Systems, Inc.: Bob Magid, Vice President and Treasurer - Aura Systems, Inc. addressed Council submitting packages about their company. He stated for the record, at the last City Council meeting he asked a gentleman from MRC some questions and was informed of what to say to the Council. Mayor Jacobson directed City Manager Cano to research this and report back. Mr. Magid continued stating they disagreed with the calculations. He stated they believe the City did not comply with Section 5.04.240 of the ESMC because they received a citation and letter regarding a fire alarm which sounded on July 26, 1990 from John Wyatt for Police Chief Meehan, and under this section - once the Chief of Police becomes aware of a business without a license - he is then responsible for noticing them. Consensus of Council for staff and City Attorney to research the calculations, and meet with Mr. Magid regarding issues raised during the meeting. Mayor ProTem Dannen asked that staff transmit copies of all form letters regarding Business License Tax. Business Data. Inc.: Ann Marie, Controller and Representative - Business Data, Inc. addressed Council stating they moved into the City during 1990 and they also received correspondence regarding alarms. She presented a brief history regarding their reasons for appeal. MOVED by Councilman Wise; SECONDED by Councilman West to deny appeal and demanded immediate payments of penalties and interest in the above amount. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. Inference Corporation: Jack Hudson, Representative - Inference Corporation addressed Council stating he understood the penalty portion is mainly to penalize those aware of the tax and do not pay it, but Inference Corp. was not aware of the tax. While being located in the City of Los Angeles they always received a tax bill in the mail, but did not receive a tax bill from El Segundo until eleven months after being here. At which time they paid the tax plus interest, but felt it was unfair to place a penalty on them because they were unaware. MOVED by Councilman Wise; SECONDED by Councilman West to deny appeal and demanded immediate payment of penalties and interest in the above amount. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. RECESS at 8:30 P.M. RECONVENED at 8:50 P.M. ROLL CALL All City Council Members Present. C. REPORTS OF COMMITTEES, BOARDS AND CO NS Council/Chamber Subcommittee recommends author=tion to solicit Request for Proposals (RFP's) for developing a Business Retention and Attraction Program, and for appropriation of $96,000 from the General Fund's uncommitted balance to Special Projects Account No. 2101- 6294. Mayor ProTem Dannen stated the Council /Chamber Subcommittee is proposing they jointly solicit for Requests for Proposals for developing a business retention and attraction program, in an effort to improve the financial prosperity and attract businesses to the City of El Segundo. The subcommittee is asking Council's approval to solicit for RFP's and to appropriate $95,000. Mayor Jacobson asked staff to assign a separate account number to this project other than the Special Project Account No. 2101 -6294 under the City Manager; City Manager Cano acknowledged. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to authorize Council /Chamber Subcommittee solicit for RFP's, and appropriated $95,000 from the General Fund's uncommitted balance to a Special Project Account. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 2. Announcement of appointment of Mayor ProTem Dannen and Councilman Wise as Council subcommittee for negotiations regarding Fire Station Properties. Mayor Jacobson announced Mayor ProTem Dannen and Councilman Wise were appointed Council's Subcommittee for negotiations regarding Fire Station No. 2 properties. 3 3. El Segundo Senior Citizen's Housing Board of Directors request to approve an amendment to the Park Vista Budget for 52000 for a relief manager. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4. El Segundo Senior Citizen's Housing Board of Directors request to reappoint Peter Freeman and Darold Verch to fill four-year terms on the Board. Councilman Wise stated he felt the Council should continue with their policy to advertise for applicants. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve reappointment - discussion called by Councilman Wise. Councilman Wise stated although the two individuals have done a good job, it has always been Council's policy to advertise for applicants. Mayor ProTem Dannen called a question: AYES: NONE NOES: Mayor Jacobson, Mayor ProTem Dannen, Councilmen Wise and West. Council consensus to advertise for applications to fill the vacancies. 5. General Plan Advisory Committee request for a $15,227 appropriation to conduct four additional meetings. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve request. MOTION CARRIED BY UNANIMOUS VOICE VOTE 4-0. 6. Schedule Interview Date For Library Board of Trustees Vacancy. City Manager Cano stated staff was also recommending the Council schedule the next budget meeting. Council consensus to schedule neat Budget Meeting for August 12, 1991 at 7:00 P.M., and to schedule the interviews for the Library Board of Trustees vacancy on August 15, 1991 at 7:00 P.M. Appoint sole applicant Rosemary Matey as delegate to Metropolitan Cooperative Library System Advisory Board for the term of Jujy 1, 1991 through June 80, 1998. Mayor Jacobson stated only one application was received for the delegate vacancy to the Metropolitan Cooperative Library System Advisory Board, and staff was recommending Council waive interview procedures and appoint sole applicant, Rosemary Maxey, to the MCLS System Advisory Board for the term of July 1, 1991 through June 30, 1993. MOVED by Councilman West, SECONDED by Mayor ProTem Dannen to appoint Rosemary Maxey as delegate to the MCLS System Advisory Board for the term of July 1, 1991 through June 30, 1993 - with question called by Councilman Wise. Councilman Wise stated Council's policy is to advertise for vacancies and that the position should be re- advertised for applications. Mayor Jacobson stated he felt they should appoint the sole applicant based upon history showing only one applicant has applied each time in the past. Mayor ProTem Dannen called a question: MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilman West. NOES: Councilman Wise. D. 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. Warrant Numbers 84799 -84882 on Demand Register Summary Number 27 in total amount of $182851.54. Recommendation: Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements, emergency disbursements and/or adjustments. 4 2. Warrant Numbers 85084.95108 on Demand Register Summary Number 28 in total amount of $446.891.92. Recommendation: Approve Warrant Demand Register and Authorise staff to release. Ratify: Payroll and Employee Benefit check% checks released early due to contracts or agreements, emergency disbursements and/or adjustments. 3. Warrant Numbers 8480095027 on Demand Register Summary Number 1 in total amount of $710.437.87. Recommendation: Approve Warrant Demand Register and Authorise staff to release. Ratify: Payroll and Employee Benefit checks, checks released early due to contracts or agreements, emergency disbursements and/or adjustments. 4. PULLED FOR DISCUSSION BY COUNCILMAN WEST. 5. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 6. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 7. Resolution extending Paragon Cable's Cable Television Franchise through September 20.1991. Recommendation: The El Segundo City Council adopt the attached resolution. 8. Agreement between Xerox Corporation and City of El Segundo for the installation of amber fleshing lights at three crosswalk locations. Recommendation: Approve agreement. 9. PULLED FOR DISCUSSION BY MAYOR PROTEM DANNEN. 10. PULLED FOR DISCUSSION BY COUNCILMAN WEST. MOTION by Councilman West; SECONDED by Councilman Wise to enact all Consent Items except called Item Nos. 4, 5, 6, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 CALLED ITEMS FROM CONSENT AGENDA 4. Resolution establishing a policy regarding retention of video taped records of City Council meetino. Councilman West asked staff if they had an estimate for storage; City Clerk Hart responded the Clerk's Office would be storing the master tapes. Mayor ProTem Dannen recommended the following changes be made to the resolution: 2) Para- graph C/Item No. 1 should be changed to - "Official copy ..... secured /safe place annroved by the City Clerk. ", and 2) Paragraph E/Item No. 1 - reduce amount of $25.00 to $15.00. Mayor Jacobson asked if the Library viewing copy will still be available for check out; Rollie Wright, Director of Recreation & Parks responded that it would be, and that the Clerk's Office will hold the official tape. Mayor Jacobson asked Paragraph D/Item No. 1 be reworded. MOVED by Councilman West; SECONDED by Councilman wise to adopt Resolution No. 3707. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 5. Resolution for limited and temporary authority to expend City funds pending approval of the FY 91 -92 City Budget. Mayor Jacobson asked that the date of November 30, 1991 be changed to September 30, 1991. MOVED by Councilman Wise; SECONDED by Councilman West to adopt Resolution No. 3708. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 6. Resolution in opposition to the State of California's Pension Proposal to use Public Employees' Retirement System (PERS) !finds to balance the State budget. Councilman Wise asked staff what funds were going to be spent; City Manager Cano responded funds outlined in the resolution are the ones passed in AB702. Mayor Jacobson stated he did not have enough information in order to vote on it. MOVED by Councilman Wise; SECONDED by Councilman West to adopt Resolution No. 3709. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor ProTem Dannen, Councilmen Wise and West, NOES: None, and ABSTENTION: Mayor Jacobson. 5 9. Request from El Segundo Cub Scouts for approval of Annual Soap Box Derby August 10, 1991 for Youth Organizations. Mayor ProTem Dannen stated concerns of whether the conditions might be too much of a burden on the organizations. MOVED by Councilman Wise; SECONDED by Councilman West to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 10. Quitclaim water pipeline easement across property described as portion of Lot 1, Bloch 10, Tract No. 1683 known as 887 Loma Vista. Councilman West questioned if staff could prepare a master document consisting of these sort of easements and submit them as a whole to the Council for consideration and possible action. Ken Putnam, Public Works Director, informed Council staff does not have records in order to research other easements which require their approval; City Clerk Hart responded that the Clerk's Office does have these historical records, and it is his desire to research back and prepare a master document consisting of all of these easements for Council's consideration. MOVED by Councilman West; SECONDED by Councilman Wise to determine that the City has no interest in water pipeline easement and the easement has no value to the City; approve the Quitclaim document; direct Mayor Jacobson to sign the Quitclaim; direct the City Engineer to record the Quitclaim document, and for staff to work with the City Clerk's Office to prepare a master document. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. E. NEW BUSINESS - CITY MANAGER Change Order No. 5 to contract with P.W. Construction Company in the amount of $30,155.87 for asbestos abatement in the City Library. City Manager Cano presented a brief report regarding this change order request, and recommended Council's approval. Councilman Wise complimented staff and the Library Board of Trustees on a good job. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 2. Proposed South Bay Regional Bus System. City Manager Cano presented a report stating this request was for conceptual approval of a proposal formulated by the City of Lawndale, and proposes to have the cities in the South Bay area study the feasibility of implementing a Regional Transit System. The current bus system services the north -south alignments, and this proposal is to extend the east -west alignments. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to authorize staff - through the South Bay Cities Association Technical Committee - to meet with other cities to explore the matters outline in Mr. Norwak's letter. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. Mayor ProTem Dannen left dias at 9:45 P.M. and returned at 9:55 P.M. 3. Oral Report: Explanation of calculation of residential invoices. Mr. Putnam presented an oral and slide presentation regarding an explanation of the calculation of residential water billings, with discussions and no actions taken. 4. Response To Complaint Regarding Construction at 912 Sheldon Street City Manager Cano stated a resident addressed Council two weeks ago regarding concerns with construction at 912 Sheldon Street. After investigating the complaint, staff forwarded a report to the City Attorney's Office for review. The City Attorney and staff will be meeting to discuss the complaint, and item will be agendized for the August 20 meeting. 5. El Segundo Unified School District and City Council Subcommittee Agreement City Manager Cano informed Council and the public an agreement has been made between the El Segundo Unified School District and the City Council Subcommittee - subject to the Board's and Council's approval. This agreement is now scheduled for review by the Board, and will then be considered by Council. Since an agreement was made by the Subcommittee to separate the City's proposal to take over the Library Services, staff plans to schedule a proposed budget to take over these services for Council review at their August 20 meeting. 6 F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COIJj1ICELI AMBERS Councilman West - NONE Councilman Wise: Discussion of the General Plan Advisory Committe% including the role of the alternate. Councilman Wise stated he received an answer and did not need to discuss this issue. Mayor ProTem Dannen: Establishment of a Citizen/Community Committee to review and make recommendations to the City Council on the proposed fiscal year 1991 -92 Five Year Capital Improvement Program. Mayor ProTem Dannen recommended that a committee be formed to sit in on this years CIP in order to become more aware of the issues, and get involved in discussions/ decisions on next years CIP budget. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to establish a Citizen/Community Committee to sit in on fiscal year 1991 -92 Five Year Capital Improvement Program, and to review and make recommendations to the Council on next years Capital Improvement Program Budget. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 2. Discussion of the Health and Safety Code Section No. 40449 pertaining to Local Air Bvality Elements and Ordinances. Mayor ProTem Dannen stated this code section states that the Air Quality Management District (AQMD) is required to assist the City in writing their own Air Quality Element and Ordinance. The City can request AQMD to assist the City draft an ordinance and enforce it. He recommended the City take a proactive stand on some of these items where regional governments have re- empted them, should the City want to keep Regional Government out of the City. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise for staff to prepare a Health and Safety Code. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 3. Conflict of Interest Form 730: General Plan Advisory Committee. Mayor ProTem Dannen questioned whether it was necessary for the General Plan Advisory Committee complete a Form 730. Councilman Wise stated he felt they should, and all applicant's were informed during their interview that they would be required to complete one. City Attorney Dolley stated that the Council may wish to add this Committee to the Conflict of Interest Resolution No. 3584, and they could amend this resolution with a sunset clause. City Clerk Hart asked that Council not amend the resolution tonight because the Clerk's Office is presently preparing an amended resolution which includes all up -to -date changes and would prefer to wait until the adoption of this years budget - in order to include those changes too. He then asked Council's consensus to prepare a draft resolution to be presented for their review and possible action at their next meeting. MOVED by Mayor ProTem Dannen, SECONDED by Councilman Wise for all members of the GPAC to complete and submit a Form 730 immediately, and for City Clerk's Office to prepare and submit a draft resolution for Council's consideration and possible action at the next meeting. MOTION PASSED UNANIMOUS VOICE VOTE 4-0. 4. Discussion of Code Enforcement. Mayor ProTem Dannen stated he has been receiving complaints on Code Enforcement; City Manager Cano responded that the Code Enforcement Officer is presently busy with at least 50 active cases, and was not aware of any complaints. 7 Mayor ProTem Dannen stated he would be submitting these complaints for the Officer's investigation. Mayor Jacobson: Recreation and Parks Commission: A) Consider changing beach shuttle stop from Imperial School to Acstcaa Party and B) Consider operating beach shuttle on weekends during warm school months. Mayor Jacobson asked for Council's consensus to request the Recreation and Parks Commission to research the above two suggestions. MOVED by Councilman Wise; SECONDED by Councilman West to approve. MOTION PASSED BY UNANIMOUS VOICE VOTE 4-0. 2. Traffic Control: Intersection of Mariposa Avenue and Douglas Street. Mayor Jacobson asked Council's consensus for staff to research the possibility of changing the center lane at this intersection to a 3 -Way direction - straight, left or right turns. Council consensus for staff to research issue and report back with results. 3. Water Conservation/Toilet Retrofit Program Mayor Jacobson asked Council's consensus for staff to research a Water /Conservation Toilet Retrofit Program. Council's consensus for staff to research issue and report back with results. PUBLIC COMMUNICATIONS - NONE MEMORIAL CLOSED SESSION NONE Council moved into closed session at 10:25 P.M. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et she) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and /or existing litigation and /or discussing personnel matters as follows: GC 54956.9(a) (City a party to pending liti tion) City of El Segundo vs. Los Angeles - Hyperion Issue Public Storage vs City of El Segundo LAX Variance GC 54956.9(b) (City ndght have significant exposure to litigation) One Matter ADJOURNED at 10:25 P.M. to August 12, 1991 at 7:00 P.M. Ronald L. Hart, CMC /AAE City Clerk 0