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1992 JUL 07 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 7, 1992 Resolution No. 5770 Ordinance No. 1183 CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Councilman West. PRESENTATIONS 1. Police Chief Grimmond introduced Sister City Guaymas Police Officer Gonzalez and Fire Chief Sloan introduced Firefighter Sovaranes. 2. Fire Chief Sloan introduced new Firefighter Kenneth Schultz. ROLL CALL Councilman Robbins Councilman Switz Councilman West Mayor ProTem Wise Mayor Jacobson - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS -(Cif Business Only -5 minute limit) Twelve individuals addressed Council. David Bittle requested to pull out of order New Business -City Councilmembers Item 1 - Councilman Switz. 2. Rich Reed - Alleged misconduct by the Police in handling of a citizen complaint. Rich Reed and Jean Dawson - sister of Rich Reed addressed Council alleging Police misconduct in the handling of a complaint. Mayor ProTem Wise stated there was a trial where Mr. Reed was found guilty, and he did not feel there was any misconduct by the Police Department. Dawn Stewart. West Acacia requested permission for an urgent item coming up after the posting of the agenda; Council concurred (see Item No. 4 under Public Communications). MOVED by Mayor ProTem Wise; SECONDED by Councilmembers Robbins to hear urgent item regarding Memory Park arising after the posting of the agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5//0. 4. "Memory Park" - Northwest Main Street at Imperial Avenue. Dawn Stewart addressed Council regarding a recent fence being placed around one dozen trees due to Los Angeles planning to put in a storm drain, and asked their assistance in protecting their trees planted at that location. Myrtle Cunningham. Resident addressed Council regarding "Memory Park" and a marker on her tree she planted, and asked them to protect the trees from the recent diggings. Ken Putnam, Director of Public Works, reported the plans did not include removal of any trees; staff visited the site and did not find any visible damage, and would be visiting again tomorrow; staff would be meeting with County Officials to discuss the situation. Discussion followed. Council consensus for notification to be sent out prior to any digging,, ask County to produce plans protecting the trees; place a fence around the individual trees; take pictures of the site, and for stall to take Mrs. Stewart and Mrs. Cunningham to the site. Nancy Wernick. School Board President requested New Business -City Councilmembers Item 1 under Mayor ProTem Wise be taken out of order. City Council July 7, 1992 - 7:00 p.m. 1. Betsy Rumery representing Cub Scout Pack 968 requests Council approval of the annual Soap Box Derby on Saturday, July 25, 1992. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to approve request. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Letter from Kendig & Ross regarding possible violations of the Brown Act. City Attorney Dolley referred to a letter from Kendig and Ross Attorney's stating under Government Code Section §54960.1 - anyone making such a complaint must clearly describe the challenged action of the legislative body in nature of the alleged violation - which the letter the Council has before them does not do so. Further stating, under those circumstances, he would advise the Council to direct him to write a letter to Mr. Ross which would simply state that he has failed to meet the sections of the code which he just read. Council consensus to direct City Attorney to write a letter to Kendig and Roes Attorney's in response to their letter. Ron Swanson, 629 California Street addressed the interview process for the Planning Commission vacancies, and asked them to read his article in the El Segundo Herald. He - thanked Recreation and Parks Director Rollie Wright, his staff, and the service organizations and clubs for making July 4th a great celebration day. Tom Cover, 724 Acacia stated he felt a 30% increase was too high and would like to see it stair stepped instead of all at once. Liz Garnholtz, Resident submitted copies of an article in the Beach Reporter July 2, 1992 edition about a Free Pre - Earthquake Inspection Program offered in another City, and asked anyone watching to contact the city to request this program. Mayor Jacobson asked this be agendized under his name on July 21. Scot Dannen, 1127 E. Acacia suggested no water rate increase at this time because he felt the City presently had funds to handle the situation. Jim McGoldrick, 412 Oregon addressed revenues, school funding, general plan advisory committee, discouraged low income housing in town, and the Smoky Hollow area. Gail Church, 406 Virginia submitted copies of an article in an Environmental Newsletter about a water rate payment program offered through another city which she felt would be an option for the City. Mayor Jacobson closed public communications due to no more public input. -� I. NEW BUSINESS - CITY COUN - Out of Order Councilman Swits: Hillcrest - Imperial Highway Closure. Councilman Switz welcomed everyone showing up this evening showed a healthy interest by members of the community. However, the statement made by a recent flyer distributed last week was not his, it misquoted him, and his reasons for having this agendized was due to several requests by concerned residents. The following residents addressed Council: In Favor Keeping Hillcrest Closed with discussion of also extending the green belt at that location: David Biddle -943 Hillcrest (requested extending green belt and submitted a petition containing 50 signatures in favor of keeping Hillcrest closed), Dorothy Kent -909 Dune Street (concerns regarding traffic from a 7200 car parking lot to be built on Pershing Drive by Los Angeles), Keith Witcomb- Hillcrest/ Oak, Dennis Krushner -905 Hillcrest, Lyn Bonia -929 Dune Street, Virginia Brewer -639 W. Oak, Adrian Collis -770 W. Imperial, Lana Jordan -855 Hillcrest, and Bill Gomorria. In Favor "Exit Only" for emergencies: Marilyn Rothenberg- Acacia. In Favor of Opening Hillcrest: Steve Barrell -760 Sycamore, Jack Kenton -835 Dune - unless closure showed decrease in crime. City Council 2 July 7, 1992 - 7:00 p.m. Mayor Jacobson stated that the parking structure on Pershing had not been approved and they were still fighting the issue. Further stating he too was concerned with emergency egress. Discussion followed regarding emergency egress. Councilman Switz stated that when the Hillcrest item first came up he requested crime stats on and around Hillcrest and similar stats for City as a whole from the Police Department, and then asked the Police Chief to present these state. Police Chief Grimmond presented a report that in a comparison of two four -month periods, one before the street was closed and another earlier this year, felonies in the area of Hillcrest Street decreased 40%. Councilman Switz encouraged everyone to contact him should they have any concerns or questions on any issue. City Manager Meehan suggested staff design proposals for review allowing for emergency egress in the area; Council concurred. Council consensus to keep Hillcrest closed, and staff to return with design proposals allowing for emergency egress on Hillcrest - keeping I1111crest closed. Mayor ProTem Wise: 1. MY purchase of Imperial Street School property. Ken Schofield, School District Vice- President, asked Council to provide help and support of education. Nancy Wernick, School District President presented Council with statistics on quality education, and asked for their support. Ron Swanson, 629 California Street, asked Council to support the schools. Adrian Collins. 770 W. Imperial Avenue, asked Council to look everywhere to help the district. Mayor Jacobson closed public input due to no one else wishing to address the issue. Discussion ensued regarding the fact that the City had been paying the schools $300,000 annually for services; developer fees as an option; another option was a funding avenue in that the City could appraise the Imperial site; purchase the site at fair market value in which the business end of this concept would be that the payments each year would be an investment; setting aside a portion of the golf course revenues for the schools; at a later date the residents could decide what they would like to do with the site. Council's concerns were that it may be premature to commit the City at this time because they would not feel the full impact of the payback of sales tax for another year; how the funds to purchase the site would be obtained, and how they would dispose of the site. Mayor Jacobson stated he felt that the subcommittee needed to continue meeting and working together again to find some methods of improving the schools physical /financial condition, and he had problems with purchasing the site as a method; Mayor ProTem Wise stated the City must make some long range plans to provide help to the district. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to appraise the Imperial site, purchase at fair market value, details to be worked out later, and funding to be appropriated from the golf course revenues. Discussion followed. Mayor Jacobson called the question: MOTION FAILED BY THE FOLLOWING VOICE VOTE 20 - AYES: Mayor ProTem Wise and Councilman West. NOES: Mayor Jacobson and Councilmen Robbins and Switz. MOVED by Councilman Robbins for City Attorney to research development fee issue. Councilman Switz asked him to amend his motion to include sub - committee also. AMENDED MOTION by Councilman Robbins; SECONDED by Councilman Switz for the City Attorney and Sub - Committee to research development fees. Mayor Jacobson City Council 3 July 7, 1992 - 7:00 p.m. stated he was not in favor of this due to the City presently trying to bring business into town, and called the question. MOTION FAILED BY THE FOLLOWING VOICE VOTE 213 - AYES: Councilmen Robbins and Switz. NOES: Mayor Jacobson, Mayor ProTem Wise and Councilman West. Mayor Jacobson then commented that he was not in favor of this due to the City presently trying to bring business into town. RECESS at 9:06 p.m. RECONVENED at 9:24 p.m. ROLL CALL All Councilmembers present. A. SPECIAL ORDER OF BUSINESS 1. Public Hearing: Adopt a proposed resolution to: 1) Revise and add certain Planning Department application fees, and 2) Formally adopt Fire, Police and Library Mitigation Fees for discretionary projects. Mayor Jacobson announced this was a public hearing on a proposed resolution to revise and add certain Planning Department application fees, and formally adopt Fire, Police and Library Mitigation Fees for discretionary projects. He asked City Clerk Mortesen whether proper noticing was done in a timely manner, and whether any written communications had been received by the Clerk's Office. Clerk Mortesen responded the notice was done by the Planning Department, and that no written communications had been received by the Clerk's Office. George Wiley, President of the Chamber of Commerce, asked Council not to approve this item due to the interest of bringing new business into the City. MOVED by Councilman West; SECONDED by Mayor ProTem Wise to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Mayor ProTem Wise stated he was not in favor and felt it would send out a wrong message to businesses; Council concurred. MOVED by Councilman West; SECONDED by Mayor ProTem Wise not to approve. Councilman Robbins called for discussion questioning fees, and Councilman Switz questioning amount of anticipated revenue from the proposed fees. Hyrum Fedje, Director, responded that it would only bring in a few thousand. Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. B. UNFINISHED BUSINESS 1. Final reading of an ordinance amending pertinent sections of the El Segundo Municipal Code to reflect the merging of the Planning and Building Safety Departments and the establishment of a new salary ranee for the Director of Plannine and Buildine Safetv. MOVED by Mayor ProTem Wise; SECONDED Councilman Switz to read by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Attorney Dolley read by title only: ORDINANCE NO. 1183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTIONS 2.28.025, 2.28.030 AND 2.28.040, TITLE 2, OF THE EL SEGUNDO MUNICIPAL CODE TO REFLECT THE ABOLISHMENT OF THE DEVELOPMENT SERVICES DEPARTMENT, THE ADMINISTRATIVE SERVICES DEPARTMENT AND THE CENTRAL SERVICES DIVISION; THE MERGING OF THE PLANNING AND BUILDING SAFETY DEPARTMENTS; ESTABLISHING THE POSITION OF DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT; AND PROVIDING CERTAIN EXCLUSIONS FROM THE PERSONNEL MERIT SYSTEM. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Ordinance No. 1183 amending pertinent sections of the El Segundo Municipal Code to reflect the merging of the Planning and Building Safety Departments and the establishment of a new salary range for the Director of Planning and Building Safety. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council 4 July 7, 1992 - 7:00 p.m. 2. Water Rate Adjustment MOVED by Councilman West; SECONDED Mayor ProTem Wise to not approve resolution as submitted. Mayor Jacobson called for discussion suggesting a 15% increase now and 15% after one year; Councilman West in favor of reviewing after six - months. Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 5//0. MOVED by Councilman Switz; SECONDEDby Councilman Robbins to adopt Resolution No. 3776 approving at 15% increase now, and to review no sooner than six - months. Mayor ProTem Wise called for discussion stating he felt that the City did not need to increase the rates at this time; Councilman West concurred and discussion followed. Tom Cover, 224 Arena, asked Council not to increase all at once but to stair step it. Mayor Jacobson called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/2 - AYES: Mayor Jacobson and Councilmembers Robbins and Switz. NOES: Mayor ProTem Wise and Councilman West. C. REPORTS OF COMMMIETS, BOARDS AND COMMISSIONS 2. Report of Environmental Committee on the amalgamated contract for sewer facility use proposed by the City of Los Angeles. City Attorney Dolley presented a brief report to Council. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to instruct the Mayor, Mayor ProTem, and City Attorney to write letters to other cities about extraordinary fees. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Announcement of Planning Commission appointments. Mayor Jacobson announced the new Planning Commissioners and their terms as follows: Brian Crowley - July 1, 1992 through June 30, 1993, Gordon Leon - July 1, 1992 through June 30, 1996, and Sean Mahon - July 1, 1992 through June 30, 1996. 1. Schedule El Segundo Senior Citizen Housing Corporation Board of Directors interviews. 4. Schedule El Segundo Library Board of Trustees interviews. Council consensus to schedule interviews for both the Senior Housing Board and Library Board of Trustees for July 14, 1992 at 7:00 p.m. 5. FY 1992 -93 Preliminary Budget and Capital Improvement Program Budget Sessions. Council consensus to schedule July 17 at 6:00 p.m. and July 20, 1992 at 7:00 p.m. D. CONSENT AGENDA All items listed 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. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 2. CITY MANAGER MEEHAN REQUESTED TO PULL ITEM OFF OF AGENDA. 3. Adopt resolution authorizing destruction of certain Library records of no further value to the City of El Sep-undo. Adopted Resolution No. 3770. 4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 5. Request for the City Council to approve lowest bid for lease of high speed copier and mid -speed copier for the Police Department as stated in the FY 90 -91 and 91 -92 Equipment Replacement Schedules. Approved Xerox Corporation's bid, and rejected all other bids. 6. PULLED FOR DISCUSSION BY MAYOR PROTEM WISE. 7. Resolutions fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. Adopted Resolution No. 3771. 8. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 9. Resolutions for 1) Establishing stop controls at the intersection of Walnut Avenue with Maryland Street and with Bungalow Street, and 2) Adding a section to Resolution No. 3340 (the Traffic Resolution) relating to one -way streets. Adopted Resolution No. 3772. Councilman Switz asked that residents be notified prior to posting. City Council 5 July 7, 1992 - 7:00 p.m. 10. Termination of lease agreement with the Atchison, Topeka and Santa Fe (AT & SF) Railroad Company for City use of railroad right -of -way north and south of El Segundo Boulevard at Aviation Boulevard for landscaping. Terminated lease agreement and authorized staff to notify the AT & SF Railroad Company of the termination. 11. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. MOVED by Mayor ProTem Wise; SECONDED Councilman West by to approve ConsentAgenda except those Item Nos. 1,2,4,6,8, and 11 pulled for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE 6/0. CALLED ITEMS FROM CONSENT AGENDA 1. Warrant Numbers 41228 -41490 on Demand Register Summary Number 26 in total amount of $1,488,498.06. Councilman Robbins questioned whether the third item on Page 11 was removed from the budget by the City Manager; City Manager Meehan concurred. MOVED by Councilman Robbins; SECONDED by Mayor ProTem Wise to approve - with the removal of the third item on Page 11 - Warrant Demand Register and authorized staff to release; ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements, and emergency disbursements and /or adjustments. MOTION PASSED BY UNANIMOUS VOICE VOTE 6/0. 4. Golf Course Project revenue Rroiections. Councilman Robbins thanked the Recreation and Parks Department for their fine work on the golf course, and for a great July 4th celebration. Council consensus to receive and file. 6. Request for approval of lowest bid for one 8 passenger mini -bus as stated in the FY 1990 -91 and 91 -92 budgets. Discussion ensued regarding propane and air conditioning. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to approve with propane at additional cost. Councilman Robbins called for discussion asking if there whether there were any risks using propane. Discussion followed. Mayor Jacobson called the question: MOTION FAILED BY THE FOLLOWING VOICE VOTE 2A - AYES: Mayor ProTem Wise and Councilman West. NOES: Mayor Jacobson and Councilmen Robbins and Switz. MOVED by Councilman Robbins; SECONDED by Councilman Switz to approve the low bid of A -Z Bus Sales Inc. and reject all other bids. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, and Councilmembers Robbins, Switz and West. NOES: Mayor ProTem Wise. 8. Direct City Clerk to review the Conflict of Interest Code to determine if the Code should be amended due to changed circumstances, and to report the results of the review to the City Council no later than October 1, 1992. Councilman Robbins asked that the City Attorney review and make recommendations to the City Clerk; City Attorney Dolley stated he felt comfortable with this and would work with the City Clerk. Mayor Jacobson asked that it be done by September not October; Council concurred. MOVED by Councilman Robbins; SECONDED by Councilman Switz to have City Attorney review and make recommendations to the City Clerk, and for the document to be brought before the Council by first meeting in September. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 11. Resolution for limited and temporary authority to expend City funds pending approval of the FY 1992 -93 Citv budget. Councilman Robbins asked staff to consider interim measures and policy during this time, and that there should not be any approval of capital or out of State travel; City Manager Meehan stated no extraordinary items would be approved during this time MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Resolution No. 3774 for limited and temporary authority to expend City funds pending approval of the FY 1992 -93 City Budget, and for City Manager Meehan to use his judgement regarding travel during this time. MOTION PASSED BY UNANIMOUS VOICE VOTE sro. City Council 6 July 7, 1992 - 7:00 p.m. E. NEW BUSINESS - CITY MANAGER 1. Consideration of conceptual approval of developing triangle lot at southeast corner of Sepulveda and El Segundo Boulevards. Don Harrison, Assistant City Manager, asked Council's direction; Discussion followed. Mayor Jacobson stated he was leery of giving direction without having the golf course report; Mayor ProTem Wise concurred. Ray Sherwood, 160 S. Sepulveda Boulevard, asked for the status of the golf course; Mayor Jacobson responded the Council and Commission would be meeting in a month. 2. Southern California Edison proposal on available land for park purposes. Rollie Wright, Director of Recreation and Parks, presented a brief report to Council. MOVED by Councilman West; SECONDED by Councilman Robbins to approve. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Review and discussion of financing documents and financing resolution for construction of Golf Course Project. Steve Motzsche, Finance Director, presented a brief report, and Mark Nordquist, ABAG Finance Corporation, presented a financial overview. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to read by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Dolley read title only: RESOLUTION NO. 3775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFI- CATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Councilman Robbins expressed concern that agreements be reviewed by City Attorney to avoid any pitfalls or surprises. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to adopt financing Resolution No. 3775 to start the process of financing the construction of the Golf Course. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Attorney Dolley suggested amending the motion by adding a caveat that states Section 7 only upon written approval by City Attorney. MOTION AMENDED by Mayor ProTem Wise; SECONDED by Councilman West to adopt Resolution No. 3775, with an addition of a caveat that Section 7 only upon written approval by City Attorney, to start the process of financing the construction of the Golf Course. MOTION PASSED BY UNANIMOUS VOICE VOTE 610. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE H. NEW BUSINESS - CITY TREASURER - NONE I. NEW BUSINESS AND REPORTS - CITY COUNCELWM 1 BERS Councilman Robbing - NONE Councilman Switz 1. Hillcrest- Imperial Highway Closure. Taken out of order earlier during the meeting. - Councilman West 1. Agendize for July 21 under his name staff time and expense involved to prepare reports for Council; Mayor Pro Tem Wise concurred further stating that requests should be by consensus of Council. Mayor ProTem Wise 1. City purchase of Imperial Street School proMrty. Taken out of order earlier during the meeting. City Council 7 July 7, 1992 - 7:00 p.m. Mayor Jacobson 1. Thanked and congratulated everyone for making the July 4th celebration great. 2. Agendize for July 21: Pre - Earthquake Inspection Program by City. PUBLIC COMMUNICATIONS - (City Business Only -6 minute limit) - NONE CLOSED SESSION The City Council moved into closed session at 10:53 p.m. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et se q. 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: 164966.9(b) (City might have significant exposure to litigation) 3 Matters 11GC 54967 Personnel matters 1 Matter ADJOURNALENT at 10:50 p.m. to July 14, 1992 at 7:00 p.m. s � C d/ i Lo+a Freeman, Deputy City Clerk City Council 8 July 7, 1992 - 7:00 p.m. 'N