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1993 NOV 16 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL November 16,1993 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:03 P.M. INVOCATION - Rev. Steve Shields, Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS Proclamation: Youth Appreciation Week November 15- 21,1993. Councilman Robbins presented a Proclamation to Carol Hayes, President of the Optimist Club, proclaiming November 15- 21,1993 Youth Appreciation Week. 2. Certificates of Appreciation to retiring committee members Louise Eckersley, Billie Bailey and Margie Randall. Mayor Jacobson presented Certificates of Appreciation to retiring committee members Louise Eckersley, Billie Bailey, and Margie Randall, and thanked them for their contributions. ROLL CALL Mayor Jacobson - Present Mayor ProTem Wise - Present Councilman West - Present Councilman Switz - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (City Business On1X) (Items not listed on the Agenda - 3 minute limit per person, 30 minute limit total) individuals addressed Council. Rich Reed, resident, spoke on City policy and public education 2. John Savage, Doubletree Hotel. spoke regarding the TOT and the impact upon existing Hotels 3. Willard Krick, 1414 E. Mariposa, concerned with the Herald article concerning meeting the School District's request for balance of payment. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilman Robbins SECONDED by Councilman Switz to read all ordinances and resolutions on this agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ITEM TAKEN OUT OF ORDER City Manager - New Business 2. Consideration of an ordinance providing for credits on transient occupancy tax. City Manager Jim Morrison gave a brief staff report. Council Minutes 11 -16 -93 Written communications regarding this item were received from; DoubleTree, Crown Sterling, Hacienda and Willard Krick. Councilman Switz stated that if Council agrees that Hotel Business is a key factor to the Business Attraction program, the same deal should be offered to everyone (existing Hotels). If revenue are short we must look to the reserves. Mayor ProTem Wise stated that existing hotels felt there should be a level playing field, and he feels a consultant would be helpful to verify impartial base numbers. Mayor Jacobson stated he felt a consultant would be a value to all parties. Councilman Robbins stated the feed -back he has received from existing hotels is that they are concerned with unfair competition and are concerned with the proposed hotel surviving in the current economy if it is subsidized by the government. Councilman Swtiz stated that it is not the City's prerogative to decide whether a new business is viable or not. PUBLIC COMMENT: 1. Jeanne Yeagley, 824 Maryland; proposed an increase occupancy of all hotels, not a reduction of taxes, by sharing City assets with the Hotel guests. She urged Council to help increase occupancy not reduce TOT. 2. John Savage, DoubleTree Hotel; stated he agreed with the Consultant concept, and basically wants what it good for the City. He suggested a Coalition be formed to market El Segundo. 3. Frank Godoy, Hacienda Hotel; stated the City must play an important role, it must satisfy existing customers before attracting more customers. 4. Sharane Franklin, Crown Sterling Suite; requested Council not to arrive at a discriminatory decision. 5. Daniel Nakasone, Crown Sterling Suite; Thanked Council for listening to other hotel management and again requested an even playing field. 6. Marcia Pummell, DoubleTree; stated she felt strongly about the new hotel, but is concerned with the proposed rates to be charged by the new hotel. 7. Gert Voegtli, resident; feels if new business is brought in we should make money on them. City Manager Jim Morrison stated we will be getting revenue in the form of other fees and taxes. 8. Willard Krick, 1414 E. Mariposa; representing ESRA, stated they support the existing hotels, and felt that business needs to be attracted to already vacant building. 9. Ron Hart, representing the El Segundo Tax Pavers Association; stated they feel taxes are being collected and then a refund is being made to business. 10. Nicky Wislocky, 1208 E. Pine; stated her concern with the misrepresentation of issues to the public. She also discussed the development agreement with CDC and if the agreement is being followed. 11. J. Wilson, resident; read a poem. 12, Jane Friedkin, resident; stated more time is needed to work out the details, and it must be fair for all. 13. Ron Swanson, 1111 E. Grand; stated he agrees with the proposal of a consultant. 2 Council Minutes 11 -16 -93 14. Jerry Saunders, CDC; stated the TOT reduction is not being requested by CDC but from the Summerfield Association. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to have staff pursue the subject of engaging a consultant to examine what has been done and to suggest an improvement, if possible, for presentation at the December 7,1993 meeting. AMENDED MOTION MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to have staff pursue the subject of engaging a consultant to examine what has been done and to suggest an improvement, if possible, for presentation at the December 7,1993 meeting. The City Manager is to contact an appropriate company and arrange for a source of financing, not at City expense. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 RECESS 8:21 P.M. RECONVENE 8:30 P.M. ALL MEMBERS PRESENT B. SPECIAL ORDERS OF BUSINESS ITEM TAKEN OUT OF ORDER 2. Public hearing to consider adoption of a proposed resolution approving an application fee of $375, with an additional $100 fee if a public hearing is requested, for Large Family Day Care permits and approval of Environmental Assessment EA -325. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the proposed resolution approving an application fee of $375.00, with an additional fee $100, if a public hearing is requested for Large Family Day Care permits and approval of Environmental Assessment EA -325. He asked if proper notice of the hearing was done in a timely manner, and if any written communications had been received regarding this matter. Clerk Mortesen responded that notice was published by the Planning & Building Safety Department, and no written communications had been received regarding this matter. PUBLIC COMMENT: NONE City Attorney Lee Dolley read the following: RESOLUTION NO. 3842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A PERMIT FEE FOR THE APPLICATION AND PROCESSING OF A LARGE FAMILY DAY CARE PERMIT AND APPROVING ENVIRONMENTAL ASSESSMENT EA -325 MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to adopt Resolution No. 3842 approving an application fee of $375, with an additional $100 fee if a public hearing is requested, for Large Family Day Care permits and approval of Environmental Assessment EA- 325. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor Jacobson stated he would like to address this in the 1st quarter review, and would prefer it go through the Planning Commission instead of the Director of Planning & Building Safety. Resolution of Intention to approve an amendment to contract between the Board of Administration of the Public Employees retirement System (PERS) and the City Council of the City of El Segundo and introduction of an ordinance to amend PERS contract. City Attorney Lee Dolley read the following: RESOLUTION NO 3838 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO 3 Council Minutes 11 -16 -93 MOVED by Councilman West SECONDED by Councilman Robbins to approve Resolution No. 3838 of intention to approve an amendment to the contract between the Board of Administration of the Public Employees Retirement System (PERS) and the City Council of the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Lee Dolley read the following: ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Councilman Robbins INTRODUCED ORDINANCE 1210, approving an amendment to the contract between the Board of Administration of the Public Employees Retirement System (PERS) and the City Council of the City of El Segundo. 2. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 3. An ordinance of the City Council of the City of El Segundo, California, amending El Segundo Municipal Code Chapter 6.08 to amend Section 6.08.140 and delete Sections 6.08.150 and 6.08.160 regarding trash collection fees and deleting Chapter 12.10 of the El Segundo Municipal Code regarding street sweeping fees. City Attorney Lee Dolley read the following: ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 6.08 TO AMEND SECTION 6.08.140 AND DELETE SECTIONS 6.08.150 AND 6.08.160 REGARDING TRASH COLLECTION FEES AND DELETING CHAPTER 12.10 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING STREET SWEEPING FEES Mayor ProTem Wise INTRODUCED ORDINANCE 1213, amending El Segundo Municipal Code Chapter 6.08 to amend Section 6.08.140 and delete Sections 6.08.150 and 6.08.160 regarding trash collection fees and deleting Chapter 12.10 of the El Segundo Municipal Code regarding street sweeping fees. Mayor Jacobson requested this to be addressed in a budget update at December 7, 1993 meeting. C. UNFINISHED BUSINESS 1. Second reading and consideration of adoption of an ordinance approving the proposed amendments to the Zoning and Subdivision Codes and Environmental Assessment EA -299. City Attorney Lee Dolley read the following: ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -299 AND ZONE TEXT AMENDMENT ZTA 92-1. DELETING THE EXISTING TITLE 19 AND 20 OF THE EL SEGUNDO MUNICIPAL CODES, ADDING A NEW TITLE 19 AND A NEW TITLE 20 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO SUBDIVISIONS AND ZONING, ADOPTION OF A NEW ZONING MAP, INCORPORATION OF THE SMOKY HOLLOW SPECIFIC PLAN, AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS WHICH IS BASED ON A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. 4 Council Minutes 11 -16 -93 MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to adopt Ordinance No. 1212, approving the proposed amendments to the Zoning and Subdivision Codes and Environmental Assessment EA -299. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; COUNCILMAN ROBBINS 4/1 Councilman Robbins stated for the Public Record; the City is still lacking a detailed traffic study, and that the zoning code ordinance is based on a General Plan which is internally inconsistent, and also which does not have the proper or necessary traffic study and model done as was promised. Also the zoning code ordinance is itself inconsistent with the General Plan, and given the existing problem that still exist he cannot support the new zoning code ordinance. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE Mayor Jacobson announced that the City is accepting applications to the Marketing and Sales Committee, as outlined in the Economic Development Strategic Plan, with a filing deadline of Friday December 17,1993. He urged anyone interested to please submit an application. E. 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 208312 -20854 on Demand Register Summary Number 10 in total amount of $942,009.13. 2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5. Grants of easement to Southern California Edison Company to provide electrical service to the City Golf Course. 6. Landscape improvements and Hillcrest Street closure at Imperial Avenue. Specifications No. PW 93 -4. (Total project cost $47,416.50.) 7. 1992 -93 furnishing and application of slurry seal at various locations Specifica- tions No. PW 93 -7. (Total project cost of $79,290.43.) 8. Extension of Imperial Highway left turn pocket. Specifications No. PW 92 -10. (Total project cost of $16,709.23.) MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to approve consent agenda items numbers 1, 5, 6, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of November 1 and 2,1993. Councilman Robbins stated he is voting no on the minutes because they are inaccurate. MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to approve the meeting minutes of November 1, and 2,1993 MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; COUNCILMAN ROBBINS 4/1 3. Request for the City Council to approve lowest fuel bid to Falcon Fuels in the not to exceed amount of $98,000. Councilman Robbins expressed concerns with the use of premium grade fuel. Staff to memo Council on the usage. MOVED by Mayor ProTem Wise SECONDED by Councilman Robbins to approve the lowest 5 Council Minutes 11 -16 -93 fuel bid to Falcon Fuels in an amount not to exceed $98,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 4. Request to re- appropriate $5,000 unspent AB 2766 funds from FY 92/93 for the FY 93/ 94 salary of a part -time dispatcher for the Employee Shuttle. Councilman Robbins stated he was concerned with adding a new staff position. MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve the use of unspent AB 2766 funds from FY 92/93 for the FY93/94 for the salary of a part -time dispatcher for the Employee Shuttle. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; COUNCILMAN ROBBINS 4/1 F. NEW BUSINESS - CITY MANAGER 1. Selection of concessionaire (s) to operate /manage golf course. COUNCIL RECEIVED THE REPORT OF EVALUATION COMMITTEE AND CONTINUE THE ITEM TO THE 11/22/93 MEETING FOR DELIBERATION AND POSSIBLE ACTION. 2. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK A) New resolution calling and giving notice of the holding of a general municipal election. B) New resolution requesting specified services from the County. C) New resolution adopting regulations for candidates for the elective officer pertaining to Candidate Statements. D) Existing Resolution 3743 ordering the canvass of the General Municipal Elections. MOVED by Mayor ProTem Wise SECONDED by Councilman West to approve Resolutions 3839, calling the Municipal Election, 3840, requesting County Services, 3841 adopting regula- tions for candidates for the elective offices with the word count changed to 200 words, and Resolution 3843, ordering the Canvass of the Municipal Election. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Robbins - Stated he is interested in Ms. Yeagley's suggestions and would like the City to investigate the possibilities of implementing them. Councilman Switz 1. Requested a candidate briefing for potential Council candidates be arranged no later than January 6, 1994. 2. Indexing of business license tax rates and possible suspension of the indexing for 1994. MOVED by Councilman Switz SECONDED by Councilman West to defer the indexing of business license tax rates for 1994. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WISE, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; MAYOR JACOBSON, AND COUNCIL MAN ROBBINS. 3/2 6 Council Minutes 11 -16 -93 Councilman Robbins stated he has concerns with decreasing the City revenues and spending more money than is being brought in. He would prefer an increase in the exemption for the head tax. Mayor Jacobson stated that the City and business had agreed to make a predictable tax increase, and does not support altering the tax rates., Mayor ProTem Wise - NONE Mayor Jacobson - Stated he would like everyone to start working together as a City. City Manager Jim Morrison stated that Captain Jack Wayt has been accepted to Command College. PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) NONE MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 9:15 P.M. to November 22, 1993 at 7:00 P.M. C dy Morte n dity erk 7 Council Minutes 11 -16 -93