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1991 MAY 21 CC MINREGULAR MEETING OF T14E EL SEGUNDO CITY COUNCIL MINUTES - MAY 21, 1991 CALLED TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION given by Frederick Chunii, St. Patrick's Celtic Catholic Church PLEDGE OF ALLEGIANCE given by CounCilman West PRESENTATIONS - NONE ROLL CALL Councilman Clutter - Present Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 6 minute limit) Five individuals addressed City Council. 1. Written request of the El Segundo Mid - Management and Professional Association for discussion regarding Resolution No. 3208: Date of bargain unit election and other related issues, Mr. Dave Siemienski, 945 Sheldon Street, Interiin President of the El Segundo Mid - Management and Professional Association addressed Council stating on behalf of the Association they wanted to appeal the date of the bargain unit election per Section 10 of Resolution No. 3208 appeals pr, .,•, "Their reasons were based on the fact that the Association understood the electt0,ii to take plied Oii or before May 6th, but were informed in a letter MaN 14th it 1,,- �t1j(-twinent �N,is enununt due to revs -ions, changes. and misunderstandings butwveen th,�tu ind the Executive Staff, Furthermore, the Association originally bEt;an with ;i.9 nit -tnbers which was agt,eed to be decreased to 20 members. This, confined with the p�,stponement date of the election, was collectively agreed to by the Association to be un,irceptable. The Association would like to present a solution that would nut ad-ersely iiffect the City's employees should Council allow them to. Councilman Wise asked City Attorney Dolley to clarity whether they could discuss the issue; City Attorney Dolley responded t hat an agreement was made on May 10, and under Section 5 of Resolution No ;i mif w hich Mates ,1 30 daN period which would make it June 9. Therefore, shc,uld (_()L111( 11 ,Wt prior to this June 9 date on setting in election then Council would be in conflict, and in his opinion ilie) should not discuss the issue, Mr. Siemienski stated that a letter of appeal was delivered to the City Clerk's Office on that day; Mayor Jacobson asked City Clerk 1 -1art if he had received this Ietwi-, and City Clerk Hart responded th,it he had nt,t Seen it Mayor Jicobson informed Mr Swim, iiski that the As.,ociation would net -d io follow the procuduic5 under Ordin.mce No . >,i, ,tied lZe,olutioi, No. 3208, and th,a the Council could not discuss or act ,)n the is-ut, jwt, the City Attorney. Don Savoy, El Sf undo Chamber f C _,mi-n( i - ,iddre,,sod CoLincil slating he wi, heel. to remind the public of the ceremony to I)e held it) tht City liall 1)1,i/-a on May :30 at 11 JO a.m. to Welcome Back The 'Troops. Lewi-, Erwin, Allied Chemical -addressed Council regarding the hazardous material leak which occurred last week stating that it was a min „t spill and apologized for any incon,,unience it may have caused the citizen's of El Segundo Jim McGoldrick, 412 Oregon Street • addressed Council stating he was not in favor of a Parcel Tax, but that he was in favor of a Gross Pavroll Tax. Councilman West stated since returning he hay received many favorable comiuents from the public regarding the work between the Cite Council and the Chamber of Commerce regarding the Itevenue Enhancement Program, and congratulated them on a job well done during his absence. Chas Proctor, Small Business Owner - addressed (.UUnt 11 stating he disagreed with the new Business License Tax, and was upset about a letter he recently received from MRC. Mavor Jacobson stated this Issue is being agNidized for discussion on June 4; Mayor ProTem Dannen added staff was researching this i_,ut! and would be prepared to present a report at that. time. Councilman Wise stated he wished to clarifv tho-it ('ouncil's concern for the children's educational needs was the reason for theiii irking for re,iduntial scipport. 2. El Segundo Pop Warner League request to use the Library Park Gazebo and surrounding area for the purpose of a fund raising event. Mayor Jacobson stated this item watt withdrawn. A. SPECIAL ORDER OF BUSINESS I. An ordinance amending Sections 3.24.030, 3.24.035, 3.24.040, 3.24.050, 5.08,020, 5.08.185, and 5.08.665 of the El Segundo Municipal Code regarding municipal revenue sources, City Manager Cano pre. v nt.ed a bi iel report stating the draft ordinance would amend Sections of the El SegulidoNluni('i1),11 Cade retarding niumcipal revenue sources, and some of the mayor changes would be ,111 IncreaSe In Utility Tax from 2% to 3'/,, increases the current acreage component of the 13u,tne.,s License Tax from $531 00 per acre to $1,531.00 per acre, increases squaie footage for buildings from 21 cei is to 24 cents, increases Basic Busine., License 1—(- Crom $5.3.00 to $103.00, provides for a new provision for unoccupied space from 2-1 ct,nts to 10 cents, and Increases Sales Tax Credit to include Sales and Use Tax floni it: current 30', to 50'/.. Mayor ProTem Dannen stated he understood It was agreed that a 4 cent increase in square footage should be 25 cent, ,md questioned Page 4,Paragraph D - stating he understood it was agreed to origiwiliv to pay a certain amount of Business License Tax and based upon your Sales and U,e I ax genet ation, you could get rebav,d up to 500/( of that Business License Tax - then City Atturney Dolle)• for clarification. City Attorney Dolley responded that he understood that 50' of the Sales and Use Tax will be credited to the Business [,icy ire Tax, but should the 50% be greater than the Business License Tax, then it will not be rebated. Mayor Jacobson stated he found other iteins within the ordinance which needed to be addressed and corrected, i.e. inde.r•ii � under 5.08,018, and changes in all other Business Tax Fees to agree with the modified general bLISIIIeSS fee; City Attorney Dolley stated that there were some corrections which �%ould be made on the verbiage. Mayor ProTem Dannen stated that 1110uld staff want to make any future changes of $10,000 or more, that it should bt, b, uLlght up bVlore the Council for direction. Councilman Clutter asked about Gary MtllacE•'s niquny into empty buildings regarding tax; City Manager Cano stated the i.1ue was being; res-.-arched and will be agundized for June 4. Mayor ProTem Dannen stated he understood that this ordinance should be noticed as a public hearing, and asked staff to publish as public hearing for June t MOVED by Mayor ProTem Dannen. SECONDED by Councilman Wise to read by Title Only. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 2 City Attorney Dolley read Title OnIN ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SL:CTIONS 3.24.030, 3.24.035, 3.24.040, 3.24.050, 5.08 020, 5.08 195 AND 5.08.665 OF THE EL SEGUNDO MUNICIPAL CODE,. REGARDING MUNICIPAL REVENUE SOURCES INTRODUCED by Mayor ProTem Damien. Mayor ProTem Dannen left digs at 8 :10 P.M Councilman Clutter left dias at 8:10 P.M. 6. Oral Presentation on Action Plan by Shar Franklin, General Manager, Crown Sterling Suites, regarding sliding jdaps doors /south side of building, Mayor Jacobson stated this item wa, being taken out of order due to public interest. Shar Franklin, General Manager addressed Council presenting them with a status report on their research into security itieasures stating that they were planning on placing a secondary lock with a metallic label /seal unto the slidingglass doors within 30- 45 days, and that they have been <<_,i,durting Security inspections on a half -hour basis. She stated they were willing to commit themselves to look into other security measures after a 12 month period of time should the City Council request. Jeri Johnson, 1213 E, Acacia - addrt —sed Council stating she had seen an improvement since the Council has become iii , l +E d in th(I 1,1tuau011, but that she had concerns regarding this secondary lock Council was then shown the pruposeU secondary locking inechanism which is a pin that will slide into the door - covered with a s,,al which will break should the lock be opened. Council stated concerns regarding tire emeigencies and someone ha+ing to open a second luck, and since no one wii., ahidmg by the first lock - why would they abide by a second lock. Options discussed an annunciator system and at, audible alarm locat,d within the roorn, and that the hotel could begin immediately working on 25 rooms per inonth, which would take ,ippr•oximately 6 months for them t„ complete 160 rooms - beginning from the top flours working down, Shar Franklin stated that she felt the request was reasonable, and would submit this recommendation to their Corporate Office for cunsideration. Further stating that they had been budgeted $1,60U and could start immediately. Edie Warwick addressed Council staring she would appreciate if the hotel would begin with the top floors and work down. MOVED by Councilman `Vest: SECONDED by Councilman Wise for hotel to install door audible ahirin sounding ,ystk•ilt, ,ii th.• individual ,Iidiiig glass doors in 160 rooms, beginning iinmediatolN on 2.5 r ins per nim th which should be cumpleted in approximately 6 month Al,(,. t,�r 'wtvi staif to nr5,,t inunthly with rosidents in the surrounding area. MOTION PASSED BY T11E FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Councilman Wise, Councilman West. NOES: None. ABSTENTIONS: Mayor ProTem Dannen; Councilman Clutter. RECESS at 8:35 P.M. RECONVENED at 8:50 P.M. - All Councilnwinbers Present 2. Public Hearing: Preliminary Draft Source Reduction and Recycling Element /Household Hazardous Waste Element/EA- 257/Pro]osed Negative Declaration. Mayor Jacobson open the public hearing No one wished to address th,� Council. MOVED by '.Mayor ProTem Dannen. SECONDED by Councilman West to close public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. Gail Church, Chairperson for the L l Segundo Recycling Committee addressed Council presenting them with the Committee's prclimins+vv .t,•ort ;3 Discussion ensued with Council's consensus to have 1) No ttegionai Collection Centers and 2) No Residential Collection F'e(,s; Councilman Wise agreed on a collection fee for those who abuse the system. Mayor ProTem Dannen recommended staff appeal the July 1, 1991 duce date. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Clutter to delete 1) Community Conservation Manager, 2) Recycling; Commission, 3) Am Green Waste Collection Centers, and 4 i Variablt, ( an Rate Collection Fees. MOTION PASSED BY UNANIMOUS VOICE VOTE. Resolution recommending removal of the League of California Cities fall Conference from the City and County of San Francisco, California. Councilman Clutter stated he wished to abstain from this item. Councilman Wise stated he requested a resolution be drafted based on San Francisco's opposition to the Persian Gulf � %ar and their taking the position contrary to public interest by declaring their commune t% to be a sanctuary for those opposed to the Persian Gulf War. MOVED by Councilman Wise; SECONDED by Councilman West to read by Title Only. City Attorney Dolley read Title Only RESOLUTION NO. 3690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' EL SEGUNDO, CALIFORNIA, RECOMMENDING REMOVAL. OF THE LEAGUE OF' CALIFORNIA CITIES CONFERENCF: FROM THE CITY AND COUNTY OF SAN FILANCISCO. CALIFORNIA. MOVED by Councilman Wise; SECONDED by Councilman West to adopt Resolution No. 3690 with comment by CMunrilniiun West recommending copies of this resolution be sent out to San Francisco Hotel Bui -au MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: Mayor Jacobson, Mayor ProTem Dannen, Councilman Wise, Councilman West. NOES: None, ABSTENTIONS: Councilman Clutter, Mayor Jacobson stated at the )clay 7 City Council meeting, it was ajeed that the adopted resolution would be accompanied by ► letter and sent to the League of California Cities requesting alternaik, sits be selected because every other year it has been held in San Francisco. Hearing on an ordinance to provide for the granting and regulation of cable television franchisee. Mayor Jacobson stated this wa,, .c hi,aring on an ordinance to provide for the establtshinentand granungof'franchi.,c,s,rr privileges (or the constructioii, maintenance and operation of cable co►nmunicanc,trs or cable television systems and fut ther providing for the continuing regulation and administration of these franchises and the activities relative of them. MOVED by Mayor ProTem Damien. SECONDED by Councilman West to read by Title Only. MOTION PASSED BY UNANIMOUS VOICE VOTE. City Attorney Dolley read Title Onl' OlLD1NANCE' NO, AN ORDINANCE TO PROVIDE: FOR THE' ESTABLISHMENT AND GRANTING OF FRANC] IISESOiZ l'RlVlLE(,F:S FORTHECONSTRUCT}ON, NIAINN I'F:NANCE AND O}'F;It;1'I'It tN OF C'A131,E CO.N MUNICA'IIONS OR CABLE TELEVISION' S�S'1'1:\1� \�I) F'UR'Flll,;lt I'1tO� IDIN(� F'OI{ THE CON'TINUIN'G REGULATIOI\ ,\NI) ADMI:NIS I'R1'1IoN OF ITIESE FRANCHISE'S AND 'rill: AC'TI\ I I'll -:S IZELVFIVE TO T'HE'M. INTRODUCED by Mayor Jacobson 5. Oral Status Report on tentative development concepts for Mariposa Market Site, Kendra Morries, Planning Directot, presented an oral report on tentative development concepus for the Mariposa Market �, to per Councilman Clutter's request stating that there have been inquire, into it h le Senior Citizen I- lousing facility, but the owner appears to be 90% confidant of the site remaining eominerciai, and that the department has not received any applications a., of Net. She stated the area is zoned CZ; a general commercial zone which allows neighborhood serving uses, typically 2 stories - approximately 25 -28 feet, and parking for commercial is usually 1 space per 300 square feet per gross floor area, B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMNIISSIONS Letter from Mr. William McCaverty regarding expiration of Chairman Croxall's term of service to the Recreation and Parks Commission. Mayor Jacobson stated this itern had been withdrawn. 2. Consideration of a resolution adopting the El Segundo Noise Abatement Committee's approved and recommended City of El Segundo Airport Noise Abatement Policy and Program, — - -- Mayor Jacobson stated this was ,i r,•solution recognizing we need for a formal City Policy and Program addressing airport noise in the laity of' El Segundo and adopting such a Policy and Program for the City of El Segundo. Stu Aplin, Chairman - Noise Abwv;ii nt Committee - addressed Council stating the Noise Abatement Committee is reconimetiding the Council adopt a resolution approving the Airport Noise Abatement Policy and Program approved by the Cominittee at their meeting of April 23, This policy imd program has been it point effort of the Noise Abatement Committee, City staff, and the City's airport, noise consultant, mid represents the most formal statement of policy racofmnzing the goals, objective., impacts and solutions related to airport noise within the City. MOVED by Councilman Clutter: SECONDED by Mayor Pro 1'em Dannen to read Title Only, MOTION PASSED BY UNANIMOUS VOICE VOTE. City Attorney Dolley read Title Only. RESOLUTION NO. 3691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO RECOGNIZIN(x THE NEED FOR A FORMAL CITY POLICY AND PRC)GIUl M ADDRESSING AIRPORT NOISE IN THE CITY OF 1:1. SEGUNDO AND ADOPTING SUCH A POLICY AND PROGRAM FOR THE CITY OF EL SEGUNDO. MOVED by Councilman Clutter; SECONDED by Mayor ProTem Dannen to adopt Resolution No, 3691. MOTION PASSED BY UNANIMOUS VOICE VOTE, D. CONSENT AGENDA All items listed are to be adoptk•d by om, In-11011 without dn5c us5ton and passed unanimously. If a cull for discussion of an item t�n made, i h,- itciii(s) will be ronsidrr•ed individually under the next heading of' business. Warrant Numbers 33528 -33820 on Demand Register Summary Number 22 in the total amount of $809,764.94. Recommendation: Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due w contracts or agreements; emergency disbursements and/or adjustments. 2. City Council meeting minutes of May-7. 1991._ Recommendation: Approval, 0 5 -• r _ tit 3. Construction of Park Vista Parking Lot. Recommendation: Reject the apparent low bid of Bench Mark Construction as being non - responsive, and award contract to Nobest, Inc. for $61,899.00. MO'T'ION by Councilman West; SECONDED by Councilman Wise to enact all consent agenda items. MOTION PASSED BY UNANIMOUS VOICE VOTE. CALLED ITEMS FROM CONSENT AGENDA - NONE E. NEW BUSINESS - CITY MANAGER 1. A resolution extending Paragon Cable's Cable Television Franchise Through August 16, 1991, City Manager Cano stated this resolution was to extend Paragon Cable's Cable Television Franchise through August 15, 1991. MOVED by Mayor ProTem Damien. SECONDED by Councilman Clutter to read Title Only. MOTION PASSED UNANIMOUS VOICE VOTE. City Attorney Dolley read Title OnI3 a RESOLUTION NO. 3692 A RESOLUTION OF THE CITY COUNCIL OF 'I'llE CITY 01• EL SEGUNDO, CALIFORNIA EX'T'ENDING THE CABLE TELEVISION FRANCIiISE FOR PARAGON, COMMUNICATIONS'1'HROL,GH AUGUST 15, 1991. MOVED by Mayor ProTem Dann(,n; SECONDED by Councilman Clutter to adopt Resolution No, 3692. MOTION PASSED BY UNANIMOUS VOICE VOTE. 2. Status of South Bay Area Transportation Study, Congestion Management Program and Metro Green Line Light Rail. City Manager Cano gave a brief report on the status of this Study and Program. MOVED by Councilman Wise; SECONDED by CUUnCllinan West to receive and file. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3. Preliminary Fiscal Year 1991 -92 Budget. Notice to public of availability of budget document and reconfirming Council/Staff Public Study Session for June 1, 1991 at 1:00 P.M. City Manager Cano informed Council that copies of the Preliminary Fiscal Year 1991 -92 Budget were available for public revw v in the City Clerk's Office and Library Reference Desk. He stated he understood that the June 1 «•orkshop way not be compatible with certain CounciImembers and asked it they wished to change it. Mayor 11ro'I'em Dannen Stated he �N�wld not be available on June 1 and that he would like to reschedule. Council consensus to change the wurkshop to June b from 6:00 a.m. to 12:00 p.m. Mayor ProTem Dannen requested stati preparE, a summary of all personnel titles/ salaries in last years budget which n ive peen changed in this years budget, and include description of all changes 1 i.e. title. -.uai N, ur other changes) and transmit prior to the June 8 Budget Workshop City M,ii -iger Catiu iii- knowledged request. 4. General Plan Advisory Committee Interviews_^ City Manager Cano informed Council that the May 29 City Council agenda will be sent to them on Friday May 2.1, but that 1110 backup ni;oerial will not be transmitted to them until Nfity 28. He informed them th o thi- ag(-nd,t and back up material for the Parks & Recre ltioit Commission to be helu on June J will be sent to them on Friday, May 31. I 1 � F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Clutter - NON 1' Councilman West - NONE Councilman Wise 1. Commencement of educational program for City Council on redevelopment. Councilman Wise stated he would like to recommend commencement of an educational program for the Council and the public on redevelopment. City Manager C,ino suggvsn�d that the California Redevelopment Agency Association has voiced intere�i in comingin and speakingwith City Council, also suggesting someone in the 1,'Qiuc;ttional field of redevelopment be present, along with someone who is in struiig upposition to redevelopment in order to have a balance. Further suggesting that it be telecast for public viewing. MOVED by Councilman Wise!, SECONDED by Councilman West to commence an educational program on r -development to include those suggestions of the City Manager, and the expenditure of $10,000 maximum. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor ProTem Dannen 1, Discussion and possible action with regard to existing development condition and concerns over traffic impacts generated by number of units on Indiana Ct. Mayor ProTem Dannen statt,d he understands staff is investigating two units and an appeal has been filed on the new unit on Indiana Court He asked to continue this stein to -June I at which tinie staff will be prepared to present a status report, and the appeitl vrould also be on the agenda. Z. Discussion and possible action of establishing stop sign controls at Sycamore and Loma Vista. Mayor ProTem Dannen stated he was advised that there was a petition which a resident would like to SUbini t in favor of the stop signs at Sycamore and Loma Vista. Steve Storm, 647 W. Maple Avenue addressed Council submitting a petition by residents in favor of the stop sighs. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to direct staff to prepare a resulutioii fir stop signs at Sycamore and Loma Vista for the June 4 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3 Discussion and possible action of establishing a program of maintaining City Council meetings on video tape as a public record and history. Mayor ProTem 1)annen stat,,,d he would like to have a program established of nuiinminingCity Comicil nik •tin, on video tapes its a permanent record, and he ��uuld like the Citv M iri,ig ,r yid City t'Iet is to meat irnd prepare ,t report for the C:uuncil's review Councilman Clutter hiid leg.il cuncern, and asked ( ity Attorney Dolley if this could be discussed in Closed Session: City Attorney I)olley concurred, Council consensus was for City manager irnd City Clerk to meet and prepare a report for Council's revie" H -.mop Mayor Jacobson City Council agenda preparation and procedures that will improve public awareness of City Council business. Mayor Jacobson stated he wits withdrawing this item. 2. Policy in regards to Council Committees, Commissions and Board &pointmente. Mayor Jacobson stated he was withdrawing this item. Mayor Jacobson asked staff if they were prepared to give a report on the status of the new water /or water reduction urdinitiwe for new construction to require retrofitting, Mayor ProTem Dannen stated he recalled at an earlier meeting, Planning Staff and Planning Commission were direcu -d to look into this Issue. Ken Putnam, Director of Public �%'orics, addressed Council stating that hu did not recall that, but at a Planning Commission ineenng several weeks iigo, there were discussions over standards for developinent of in,w properties within the City. Presently staff was working on a Plan to submit to the Planning Commission for consideration. Mayor Pro`1'em Dannen stated h( compliance with the waver Issue. Mayor Jacobson stated that last w thank all those who participated iii the Council and public that the City Award for their support in the Girl in the display cabinet in the lobby PUBLIC COMMUNICATIONS would like to have all new developments be in t,uk was Student Government Day and wished td making this it successful event. He then informed Of El Segundo was presented with the Community Scouts Cookie Kick -Off, rind asked that it be placed Karen Ackland, Bircher Properties adds--,- ed Council asking how does the City plan on. implementing square footage tax, and asked them to consider the method of reporting on the first four quarters of the year. City Manager Cano responded that they would go on the proceeding four quarters. CLOSED SESSION Council moved into closed session at 11- 0 P.M. pursuant to applicable law, including the Brown Act (Government Code Section 54950. et scg i as announced by the City Attorney, for the purposes of conferring with the City Attorney on puwntiai and /or existinghugation and/or, discussing personnel matters as follows. GC 54956.9(a) (City a�party to pendinglitij�ation) Public Storage vs, City of El Segundo Kilroy Industries vs. City of El Segundo GC 54956.9(b) (City might have significant exp,,sure to litigation 6 Matters Personnel Matter 1 Matter ADJOURNED at 11:05 P.M. Ronald L. Hart, CMC /AAE City Clerk t