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1991 DEC 03 CC MINMINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL DECEMBER 3, 1991 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Mayor ProTem Dannen. INVOCATION given by Reverend John Svendsen, First Baptist Church. PRESENTATIONS 1. City Council proclaimed Bill Of Rights Week as December 9 -16, 1991, and Councilman West presented proclamation to Lavinia Bailey. 2. City Council proclaimed Toys for Tots Month as November 18- December 18, 1991, and Mayor ProTem Dannen presented proclamation to City Manager Cano. ROLL CALL Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Five individuals addressed the City Council. Bob Anderson addressed Council welcoming everyone to come to Candy Cane Lane at the 1200 Block of Acacia to see Santa Claus and the beautiful decorations nightly at 7:00 p.m. from December 14 -23, 1991. Lyn Bonia, 929 Dune Street addressed Council regarding the Hyperion spill last week stating he felt Hyperion was acting in a reactive way, and had concerns regarding odor, vibrations, noise, and aesthetics. He asked Council if plans had been made to assure residents that this will not have an effect on their houses. Mayor Jacobson stated this item was not on the agenda and therefore could not be discussed. City Attorney Dolley stated that Mr. Bonia's concerns are presently being addressed by the City, but that the City is presently in litigation and did not recommend discussion. Jim McGoldrick, 412 Oregon Street addressed Council stating he was pleased to see reference made to the Bill of Rights. He felt that rezoning the commercial businesses east of Sepulveda for multiple use will attract crime and violence. He understood the proposed General Plan was due to be sent out tomorrow and asked Council to abandon it, and start over with the residential members of the GPAC along with two additional residents in place of the two special interest members. Mayor ProTem Dannen responded since economy took a dive, it has led the Council to work closely with the Chamber of Commerce in order to help the Community economically by trying to develop ways to bring more revenue into the City. A. SPECIAL ORDER OF BUSINESS — Taken out of order. 1. Canvass of General Municipal Election held November 5, 1991. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to read resolution by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. City Council Minutes 1 December 3, 1991 City Attorney Dolley read Title Only: RESOLUTION NO. 3734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY OF EL SEGUNDO, ON THE 5TH DAY OF NOVEMBER, 1991; DECLARING THE RESULT THEREOF AND SUCH MATTERS AS ARE PROVIDED BY LAW. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to adopt Resolution No. 3734. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 2. Presentation of Certificate of Election. Mayor Jacobson presented Councilwoman Elect Jan Cruikshank with the Certificate of the Election. 3. Swearing in of Councilwoman Elect Jan Cruikshank. Mayor Jacobson presented the Oath Of Allegiance to Councilwoman Elect Jan Cruikshank, and she then signed the Oath. Councilwoman Cruikshank thanked everyone for their support, stating this was a new beginning. Councilman Wise stated he felt that this City Council will work well together. RECESS at 7:36 p.m. RECONVENED at 7:44 p.m. ROLL CALL all Councilmembers present. PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) - Continued 1. Request from ROAD for Council approval of $10,000 to be used for FY 1991 -92 expenditures. Paulette Cadell -ROAD addressed Council expressing appreciation for the City's donation for 1990, and presented a report stating the E1 Segundo Reach Out Against Drugs (ROAD) Task Force was incorporated in 1987 with the goal of combating the increasing dilemma concerning substance abuse. ROAD is requesting approval of $10,000 until such time as the grant monies are received, in order to continue vital programs. MOVED by Mayor Pro Tem Dannen; SECONDED by Councilman Wise to approve an expenditure of $10,000. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 2. Restructuring of the Mid - Management Group as set by City Administrators. Dave Siemienski addressed Council asking permission to hold this item over until City Manager Item No. 7 was discussed. A. SPECIAL ORDER OF BUSINESS - Continued 4. Public Hearing - An appeal of the Planning Commission's denial of EA -252 and Variance 91 -3, an application to allow two rooftop patios with waivers of maximum permitted floor area and maximum permitted structural height at 222 N. Sepulveda Boulevard. Mayor Jacobson asked if proper notice was completed, and whether any written communications had been received by the City Clerk's Office; Deputy Paul responded that proper public City Council Minutes 2 December 3, 1991 5. hearing notice was done by the Planning Department, and that no written communications had been received by the City Clerk's Office. City Manager Cano informed Council that he had received a letter from the applicant today asking continuance of the public hearing to December 17 due to a death in the family. Mayor Jacobson opened public hearing for anyone wishing to address the item. No public communications on the item were received, therefore that portion of the meeting was closed. Mayor Jacobson asked staff to check with the FAA on their status of three helistops on this building. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to continue public hearing to December 17. MOTION PASSED BY UNANIMOUS VOICE VOTE 5 /0. Councilman West stated he felt uncomfortable with the discussion as to whether they grant a particular variance, and asked Council's consensus for City Attorney to look into the information provided on variances in the Municipal Code with regards to floor area and building height. Council consensus for City Attorney to look into the E1 Segundo Municipal Code - regarding variances floor area and building height. Ordinance of the City of E1 Segundo adding Chapter 2.05 to Title 2 of the E1 Segundo Municipal Code relating to the duties of the City Clerk. Mayor Jacobson asked if Council wished to hold this item off until the City Clerk arrives; Council wished to continue with the item. Councilman Wise stated he had this item agendized due to some problems and questions he had regarding the recent News Release by the City Clerk. He had asked that the City Attorney research the following: 1) Does the City Clerk have the authority to terminate this candidacy - with regards to the comment made in the recent News Release, 2) What does the State require as the duties of the City Clerk, 3) Possibility of reducing tasks presently performed by City Clerk, and 4) Possibly reducing the City Clerk's pay accordingly. City Attorney Dolley presented an oral report to Council on the results of his research as follows: 1) Whether the City Clerk has the authority to terminate a candidacy or not. He stated it was their opinion that the City Clerk does not. 2) He stated that the City Clerk must perform those duties outlined under the State Law, and others appointed by the City Council. Also stating, he used the Government Code and Election's Code to find out what duties the City Clerk is responsible for, and that they may not have captured all of them. 3) Under State Law the City Clerk is required to have a salary set by the City Council, and in essence, the Attorney General's opinion is that one cannot fail to set some sort of an amount of payment for the services rendered - or set it at some rate which no person may take the job. Presently, the salary is set by resolution of the City Council with certain benefits. He stated he wanted to be caucious, therefore he has placed a sunset clause regarding salary adjustment in the ordinance which recommends the Council set the salary at the beginning of an election because State Law prohibits Council from giving a bonus, etc. during term of office. Once the April, 1992 election is over and a City Clerk is elected, the Council has the option to have the salary go back to its original amount. City Council Minutes 3 December 3, 1991 Discussion ensued as follows: Duties: Only duties mandated by State and what is appropriated by the City Council. If resolution is adopted to limit the City Clerk's duties, the City Manager would appropriate those duties. Salary: State Law requires salary to be set by the City Council. General opinion is that the Council cannot set an amount so low that no one would be interested in running for the Office. Sunset Clause: Best under the law to set at the beginning of the election in order not to favor anyone. Councilman Wise stated he believed the News Release was politically motivated, editorialized, and the City of E1 Segundo and the Office of the City Clerk had been compromised. He would like to see the ordinance adopted, and the Clerk's salaries to be reduced down to what the City Council is getting paid beginning January 6 through April. Councilwoman Cruikshank stated she would be abstaining from voting on this issue, but asked to make a comment. She wanted people to know about what it is like when you go through a campaign - having no axes to grind so to speak - but wanted to give what you can to the City and do the right thing, and at the beginning you have someone - a troll at the gate. Unsuspectingly, you walk into a trap spending four months defending yourself on an issue that should have never happened if there had been help at the very beginning. She believed this was the Clerk's responsibility, or whoever handles the filing of the candidate's paper. It should be a non - political person in that Office, and they should serve the public. She stated that the other evening she had sat in on interviews with the Council and found that there are some fine people in the Community who have a lot to offer. She did not know why some can walk through this and some are intimidated, but she could tell them where they could personally overcome this type of dirty politics. It is difficult on your home life, spouse, and children which she was sure was why most people do not step forward. The Council started the motion of cleaning up City Hall - which began on November 5 - Election night, and was a long coming. She was grateful that eyes are open, and there is this effort in motion. With this in mind, she would not vote on this issue because she does not want anyone to think she came up here for revenge against anyone. They started it, I will let them finish it, and from there we will go on together. Mayor Jacobson stated that our Forefather's started this City and at some point decided that the City Clerk and City Treasurer would be Elective Offices. It is only four months to the election, and the electorate of this town can show whether they feel this is right, wrong, or indifferent. He did not believe they should be playing around with the Offices by acting as political bodies - which was exactly what they stated they were trying to clean up, and he felt that was what the Council was doing up there right now. Mayor ProTem Dannen asked to address Special Order of Business Item 5. He stated he saw very few references in the Municipal Code regarding the duties of the City Clerk, and wanted to add all of those duties to the Code in an effort to help the political process and make it available to anyone who is interested in knowing what those duties are. He stated reservations he had on those duties designated regarding Section 2.20.010 - Checks and Balances and the fact he felt it should stipulate a start date. He stated that he felt that City Clerk's Office reports the minutes correctly, and that putting them under the City Manager may take away the check and balance system. Also, in the future he would like to have either the Deputy City Clerk or the City Clerk himself at the meetings. City Council Minutes 4 December 3, 1991 Councilman West questioned if the Council could set a time limitation on when the minutes would need to be completed by; Mayor ProTem Dannen responded the Council was not able to enforce a specific date to have minutes done by. Mayor Jacobson concurred with having the duties of the City Clerk in the Municipal Code, but due to the check and balance system, he was not in favor of having the minutes removed from the Clerk's Office. Councilman Wise stated the City Clerk's position was part - time, and felt some of the duties were not being done properly. That the News Release was untrue - a lie - and was sent within six months before the election making it impossible to remove the City Clerk from Office. He stated he felt that all individuals need to be held accountable for their actions. Councilman West stated in the City Treasurer's Office everything is up to date, going well, and are cooperative. The City Clerk's Office is just the opposite. What Councilman Wise is trying to do, is a form of recognition of improper duties of an elected person in Office, and it is time that they send a strong message. Mayor Jacobson stated he felt it should not be political from the dais; Councilman Wise responded that he felt it was not political. Mayor Jacobson disagreed and stated that the duties presently there are good for the City, and this ordinance is changing the Office permanently. He then questioned by changing those duties of that office whether or not the City would get anyone in there which would be more qualified, because there is nothing there to do. Councilman Wise disagreed, and stated this was step one. Mayor ProTem Dannen stated he understood the Mayor had concerns reducing all of the City Clerk's duties; Mayor Jacobson concurred. Mayor ProTem Dannen stated he wanted to ensure checks and balances, and would agree to a postponement which would give the Mayor the opportunity to establish a list of duties he felt should not be removed; Mayor Jacobson concurred, and stated that he would prepare a list of duties he felt should remain under the City Clerk's Office. Mayor Jacobson further stated that those employees in the City Clerk's Office cannot work under two different masters. Council consensus to continue item to December 17. 6. Resolution of the City Council amending Chapter 1A1 (Elective and Appointive Officers) of the E1 Segundo Administrative Code). Councilman Wise felt the City Clerk's salary should be the same as the City Council's. It should become effective on January 6 with a sunset clause that at the Certification of the results of the April, 1992 election, it could possibly be changed back. Mayor ProTem Dannen stated he wished to put aside personalities and faces, and look at the Office itself. The City Clerk is expected to be there 50 %, and that presently the pay is not enough. Concerned with the Attorney General's opinion, and that State Law prohibits salaries be so low that it would make an Office undesirable, and recommended to put Item No. 6 off indefinitely to let the voters decide in the April Election. City Council Minutes 5 December 3, 1991 Councilman Wise asked Council if they agreed with a Letter of Censer being sent to the City Clerk in lieu of cutting his salary. Mayor ProTem Dannen stated he disapproved of the City Seal being used in the way it was, and thought reducing the salary of the City Clerk for a period of three months was not the direction to go; Councilman Wise concurred. Councilman West asked that these two items be continued to next week. Council consensus to continue item to December 17. B. UNFINISHED BUSINESS 1. An ordinance supporting the South Coast Air Quality Management District's imposition of an additional vehicle registration fee and to receive fee revenues for implementing programs to reduce air pollution from motor vehicles. MOVED by Councilman Wise; SECONDED by Councilman West to read ordinance by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Attorney Dolley read Title Only: ORDINANCE NO. 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S IMPOSITION OF VEHICLE REGISTRATION FEE PURSUANT TO AB2746 (1990) AND TO RECEIVE FEE REVENUES FOR IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to adopt Ordinance No. 1169. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Senior Housing Board request for approval of budget for calendar year 1992. Darryl Birch, Senior Citizen Housing Board addressed Council requesting approval of their budget for calendar year 1992. MOVED by Councilman Wise; SECONDED by Councilman West. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. RECESS at 8:43 p.m. RECONVENED at 9:00 p.m. ROLL CALL all Councilmembers present. 2. Report on 75th Diamond Jubilee Planning Committee. Request for a Hold Harmless Agreement with Chevron U.S.A. Julia Abreu informed Council the 75th Diamond Jubilee Kickoff Event which will be held on Chevron property on January 18, 1992, requires the City to indemnify and hold Chevron harmless. The City Attorney has prepared an agreement which requires the Mayor's signature and attestation of the City Clerk. She announced the Grand Opening of the 75th Diamond Jubilee Store will be held on December 5 at 5:30 p.m. in conjunction with DESI's Mistletoe Magic at the E1 Segundo Camera, 401 Main Street. Santa Claus will also be there. MOVED by Councilman West; SECONDED by Councilman Wise to approve; authorized Mayor to execute Hold Harmless Agreement. Mayor ProTem Dannen called a question thanking Chevron and all other sponsors for their support. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 6 December 3, 1991 3. Announcement of new members to the Wall of Honor Committee. Mayor Jacobson announced that Margie Randall was reappointed for a full term, and John Peterson appointed to complete Bill McAllister's term on the Wall of Honor Committee. Mayor ProTem Dannen stated City Manager Cano just informed him that Mr. Sullivan resigned from the Wall of Honor Committee. Mayor Jacobson responded that the Council had decided on an alternate, therefore they could appoint Rita Chute to complete Mr. Sullivan's term. Council's consensus to appoint Rita Chute to fill Mr. Sullivan's term. Announcement of new members of the Wall Of Honor Committee: Margie Randall - Full Term, John Peterson - complete Mr. McAllister's term, and Rita Chute - complete Mr. Sullivan's term, as the new members to the Wall of Honor Committee. 4. Appointment and announcement of new members to the Capital Improvement Program Committee. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to appoint the following individuals to the new Capital Improvement Program Committee with various terms to be decided at a later date: Richard Fearn, Blake Mitchell, Louis H. Ervin, A.J. Paz, and Mark Butler. MOTION PASSED BY UNANIMOUS VOICE VOTE 5 -0. The City Council representatives are Mayor ProTem Dannen and 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. 1. Warrant Numbers 37173 -37425 on Demand Register Summary Number 10 in total amount of $1,616,118.51. Approved Warrant Demand Register and authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments. 2. City Council minutes of November 5, 19, and 25, 1991. Adopted minutes. 3. Status report on the Interim Zoning Ordinance No. 1167 adopted November 5, 1991 pursuant to Government Code Section 65858. Received and filed. 4. Approve Paragon Cable equipment donation list as credit toward future required compensation per Franchise Agreement. Approved proposed Paragon Cable equipment donation, and credit Paragon Cable $20,200 toward their $75,000 Year Five contribution of the Franchise Agreement requirement. 5. Lease Agreement between the City of E1 Segundo and 621 Hawaii Associates to lease the portion of City property at 630 South Douglas Street for parking purposes. Approval of lease agreement, and authorized Mayor to execute the agreement. 6. Report on results of video taping of City sewer system. Received and filed report, and approval to discuss during workshops /meetings on the Capital Improvement Program. City Council Minutes 7 December 3, 1991 MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to enact all consent agenda items. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA - NONE E. NEW BUSINESS - CITY MANAGER 1. Revised schedule for the General Plan Revision Project, and setting of a date for an additional Community Workshop. A revised schedule was presented to the Council in response to an action taken at their November 5 meeting. Mayor Jacobson recommended public hearing be held on Tuesday, February 25, and that a Community Workshop be held January 13 at the Joslyn Center; Council concurred. Council consensus to hold a Community Workshop at Joslyn Center on January 13 at 7:00 p.m. at the Joslyn Center, and a City Council Public Hearing in City Hall Council Chambers on February 25. 2. Library System Affiliation Agreement between the City of E1 Segundo and the El Segundo Unified School District. City Manager Cano stated this agreement allows the City to take over administration of the libraries at Middle, Center, and High Schools, and will cost the General Fund $70,000, but will save the School District $150,000. Barbara Pearson, Library Director, informed Council that Debra Brighten, Principal Library had been working with Mary Haag - School Librarian on the service needs which will be shared with the Library Board of Trustees. Mayor Jacobson stated it should have been a three year agreement ending when the school year was over and not during the middle of the year. MOVED Councilman Wise; SECONDED by Councilman West to approve agreement and authorize Mayor to execute the agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Consideration of an agreement with Kenneth J. Emanuels & Associates for Legislative Advocacy Services. City Manager Cano informed Council staff devised a solution to create joint powers of authority, primarily within LA County, to allow the pooling of restricted monies. Specifically redevelopment monies from other cities to be used in the acquisition of land and the construction of low income housing for the air force. It would be a viable opportunity which requires commitment by the Governor, and special legislation to get it through. Staff requested authorization to retain the services of Kenneth J. Emanuels & Associates for Legislative Advocacy Services. Mayor Jacobson asked City Manager Cano if staff had received word from LACTC on Light Rail sites which they could visit because there are several options; City Manager Cano responded that they had not. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve proposed agreement with Kenneth J. Emanuels & Associates, and authorize Mayor to execute agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 4. Oral Report- Status of Los Angeles County Comprehensive Airport Land Use Plan. City Council Minutes 8 December 3, 1991 Don Harrison, Assistant to the City Manager, informed Council that Senate Bill 329 by Senator Russell was vetoed, and that the General Plan Revision will need to be submitted to the County Regional Planning Commission for a finding of consistency with the Airport Land Use Plan. Kendra Morries, Planning Director, stated the County has 60 days to issue a written determination. The City can override any County decision with a four - fifths vote during a public hearing. 5. Submission of revised Preliminary FY 1991 -92 Operating Budget. City Manager Cano informed Council staff transmitted copies of the Budget, as revised with the format revisions outlined by the Council during budget workshops. Council consensus to schedule Workshops on December 20 at 6:00 p.m., and Saturday, December 21 at 8:00 a.m. 6. Resolution to implement a proposed Management Compensation for Performance Incentive Plan as a REPLACEMENT to the across -the- board yearly Cost of Living Adjustment (COLA) and as a means to promote efficiently, effectively and cost savings in local government. Mayor ProTem Dannen; SECONDED by Councilman Wise to adopt Resolution No. 3735 approving with less $75.00 per month for medical and dental benefits, for a total of $205,819. Councilwoman Cruikshank asked for discussion stating she was unhappy with this, and felt COLA was not meant to be a reward but a cost of living. Also, that 20% as a bonus is going to be a negative impact, and was like robbing Peter to pay Paul; Mayor Jacobson concurred. Councilman West questioned whether the rest of the staff received an increase medical compensation package, or remained the same; City Manager Cano responded they remained the same. Mayor Jacobson called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/2 - AYES: Mayor ProTem Dannen, Councilmen West and Wise. NOES: Mayor Jacobson and Councilwoman Cruikshank. 7. Resolution for Reorganization of Management /Confidential Unit. Mayor ProTem Dannen questioned City Attorney Dolley if Council were discussing meet and confer at this point. City Attorney Dolley responded he anticipated some discussion concerning items which were meet and confer, and it was his opinion that when you have a meet and confer situation, you have members from both groups. The matter in front of them was a resolution confirming a reorganization of a management/ confidential unit, and recommended they listen and not negotiate. City Manager Cano informed Council that as a result of the downsizing project there were twenty employees who did not fit into either of the two newly created management groups - Executive Management and Mid - Management /Confidential. A formal petition was then filed by Teamsters Local 911, in accordance with established City procedures, to represent those employees who were removed from the management groups. At the conclusion of a series of meetings between staff and union officials, an agreement was reached that seventeen of those positions share an identifiable community of interest to quality as an appropriate bargaining unit. A secret ballot election was conducted resulting in a unanimous vote for Teamsters Local 911 to serve as the exclusively recognized City Council Minutes 9 December 3, 1991 employee organization for the unit. This resolution confirms this reorganization of management /confidential unit. Councilman Wise left dais at 9:45 p.m. and returned at 9:50 p.m. Mayor ProTem Dannen left dais at 9:50 p.m. and returned at 9:52 p.m. Pete Whalen - Recreation & Parks Department addressed Council stating concerns regarding the issue, and asked them not to vote on the issue this evening. Councilman Wise stated the City receives their revenue from taxing people, and economy these days are not fair. The City Manager was acting at the direction of the City Council. City Attorney Dolley stated for the benefit for the public that the election for the organization has taken place; State provides that both sides must go into a bargaining meeting, and recommended not to get into a conversation debating the issues. Bill Cameron - Recreation & Park Department addressed Council stating he had the same concerns as Mr. Whalen did, and wanted to add the fact that no appeals were allowed on the decision to downgrade these positions. Gary Ganibi - Police Department addressed Council stating concerns regarding the City spending approximately $60,000 for a study to be performed, but yet not using it in this decision to downgrade management positions. Jeff Trujillo - Cable - Recreation & Parks Department addressed Council with his concerns, and that his main reason for accepting his position was the management status and benefits,. He had other offers which he turned down based on the City's application package. Gail Burkeholter - Recreation & Parks Department addressed Council with her concerns; agreed with prior comments; asked Council not vote on the issue this evening, and to look at the big picture. Dave Siemienski - Recreation & Parks Department addressed Council with his concerns; agreed with prior comments, and stated he felt this would have a devastating effect. Mayor ProTem Dannen stated he will address these issues this evening during Closed Session under Meet and Confer, and that he was also willing to cut employees 5% to 10 %. Councilwoman Cruikshank stated she was confused of the reasoning with this because of hearing three different reasons. She felt the Council had shown great support to the School District during the past, but there should also be some sort of compassion shown to your own employees too. Council consensus to hold item over for Meet and Confer under Closed Session. City Manager stated he wanted to remind Council of an Adjourned Meeting on December 9 for the Capital Improvement Budget, the Christmas Tree Lighting Ceremony at 4:30 p.m., and the mixer at the Security Pacific Bank. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Cruikshank - NONE Councilman West - NONE City Council Minutes 10 December 3, 1991 Councilman Wise 1. Review of Fire Service Fees. Councilman Wise stated there were some complaints on the fire fees for initial inspections and reinspection being too high, and recommended the fees to be changed for Initial Inspection to be $57.00, and if corrected - no charge for the Reinspection. He stated that the fees were not as he understood them to be. Mayor Jacobson recommended there be no charge on the Initial Inspection, but should there be a problem then there be a charge for Reinspection. This would be an incentive for businesses to comply with fire safety. Councilman Wise stated he saw no problem with paying an Initial Inspection Fee. Councilman West recommended the Fire Chief look over the report he presented the last time, and return with a resolution of their recommendations. Councilwoman Cruikshank questioned how businesses are notified of fire safety inspections; and recommended notices go out with business license applications. City Manager Cano stated staff could send out notices of all required fees, but the complaints are not about not being notified, but about the Reinspection Fee itself MOVED by Councilman Wise; SECONDED by Councilman West for staff to bring back a resolution to amend to the Fire Service Fees. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Mayor ProTem Dannen left dais at 10:55 pm; returned at 11:00 pm 2. Building height limitations and floor area ratios (FARS) east of Sepulveda Boulevard. Councilman Wise stated at the last meeting Mr. Krick brought up building height regarding east of Sepulveda Boulevard. He asked if there was a building height of 200 ft. east of Sepulveda Blvd. Mayor ProTem Dannen stated he went through the Planning Code - Title 20 and found several items. The Traffic Systems Ordinance added to Title 20 specifies in the C -3 zone is 1.5:1, the M -1 zone is .75:1, and the C -M zone there is considerable difference in the percentage. It continues stating specific height limits, with the C -3 zone stating that building height limit may not exceed 200 feet, unless adjoined with residential which would then be 100 ft. Mayor Jacobson stated that the new General Plan designations had no existing zoning code heights. Councilman Wise clarified there was a 200 foot height limit east of Sepulveda, and if it adjoins residential, then it is a 100 foot limit. He asked if this could be added to the General Plan. Kendra Morries, Planning Director responded by placing this into the General Plan, it may require a General Plan Amendment every time a variance application comes through. 3. City Municipal Code and State mandated rules and requirements for the establishment of non - profit organizations in general and in particular community City Council Minutes 11 December 3, 1991 oriented non - profit organizations such as the E1 Segundo Residents Association (ESRA). Councilman Wise asked the City Attorney for rules and regulations on non - profit organizations, and what are the ramifications should they break these rules and regulations. He then challenged ESRA to open up their membership to all residents of the City, to have articles in the ESRA Newsletter signed by the author, to have a rebuttle section in the newsletter, and to have a leadership of this group to work with the City and Chamber of Commerce. He asked that this be agendized at a meeting during January. Mayor ProTem Dannen left dais at 11:05 pm; returned at 11:10 pm 4. City Municipal Code and State mandated rules, public disclosure and reporting requirements for Political Action Committee and involvement of ESRA in most recent municipal election. Councilman Wise questioned what political action committee's are required to do within the City. City Attorney Dolley responded there are some rules in the Fair Political Practices Act which state requirements, and that he would transmit them a copy. Councilman West asked whether the City was in the process of developing a booklet of rules and regulations to be issued to candidates. Mayor Jacobson stated he believed the City Clerk's Office was presently in the process of doing this. City Clerk Hart responded that since he took office, he has divided the entire book into two sections 1) Nominations and 2) Campaigning, in order to make the process less confusing. He is presently working on updating this manual and was interested in a product which is both clear and complete. He stated that he is interested in anything the City Attorney may feel would be appropriate. Councilwoman Cruikshank questioned the City Attorney if the information he will be providing the Council with would include both the City of E1 Segundo's and the Federal Political Practices Commission's rules. She stated that the City's Code is different from the States rules regarding Campaign Disclosure, which makes it very confusing. She asked that this also be looked into. City Attorney Dolley stated that he would be providing both. Councilman West asked staff to agendize this under his name for discussion and possible action. Councilwoman Cruikshank stated she was confused on whether individuals could campaign at Park Vista, and recommended that in the future that the rules be explained completely to the candidates. 5. Discussion and possible action regarding City Clerk's duties, responsibilities, and adjustment to City Clerk's salary and benefits. No discussion held on this item. City Council Minutes 12 December 3, 1991 Mayor ProTem Dannen 1. Written reports from the Office of the City Clerk on 1) Status of $20,000 allocation to the Office of the City Clerk for codification and indexing of Municipal Code. Mayor ProTem Dannen questioned City Clerk Hart if the minutes had been actually input; City Clerk Hart responded that they had been. 2. Noise Abatement Committee - consideration to amend by- laws of Committee. Mayor ProTem Dannen stated that the Committee currently is having trouble getting enough members present to hold meetings, and recommended that Council direct an amendment be made to their bylaws which allows them to hold a meeting to discuss with a majority. This will give them the ability to meet and discuss. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to amend the bylaws to state a simple majority of the committee be present to meet and discuss. Mayor Jacobson stated you may want to consider having both simple majority and /or five members. Mayor ProTem Dannen stated since he made the motion he was calling it back to the table for discussion and possible action. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to amend the Noise Abatement Committee's by -laws to be either a simple majority or five whichever is less be present to meet and discuss. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Mayor ProTem Dannen asked staff to agendize for discussion and possible action the purchase of the School District at the west end of Imperial - piece adjacent to Acacia Park - and possibly changing it into a pay parking lot. Mayor Jacobson - NONE 1. Questioned when Business License Renewals will be sent out. City Manager Cano responded very soon, but would get back with him. PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) -NONE MEMORIALS - NONE CLOSED SESSION The City Council moved into a closed session at 12:30 a.m. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et sea.) 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 on the following: S54956.9(a) - (City a party to pending litigation) City of E1 Segundo vs. Westinghouse Public Storage, Inc. vs. City of E1 Segundo LAX Variance vs. City of El Segundo City of El Segundo vs. Hyperion Stevens vs. City of El Segundo g54956.9(b) - (City might have significant exposure to litigation) One matter. City Council Minutes 13 December 3, 1991 CLOSED SESSION VOTES: NEW BUSINESS CITY MANAGER ITEM NO. 7: MOVED by Councilman West; SECONDED by Councilman Wise to affirm the regrouping of the Management /Confidential Unit, and adopted Resolution No. 3736. ADJOURNMENT to 7:00 p.m. December 9. Lora Freeman Deputy City Clerk City Council Minutes 14 December 3, 1991