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1993 OCT 19 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL October 19, 1993 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:00 P.M. INVOCATION - Rev. Donald Chisholm, Church of Christ PLEDGE OF ALLEGIANCE - Councilman West PRESENTATIONS ROLL CALL Mayor Jacobson - Present Mayor ProTem Wise - Excused Councilman West - Present Councilman Switz - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (CRY Business On (Items not listed on the Agenda - 3 minute limit per person, 30 minute IimR total Seven (7) individuals addressed Council 1. Rich Reed, requested Council views regarding El Segundo Police Department policy of recording Police interviews. City Manager Jim Morrison stated he will request the Police Chief to generate a memo for Council regarding this matter. 2. John Savage, Doubletree Hotel; discussed the bed tax issue and the possible consequences if the bed tax is forgiven to a new hotel. 3. Frank Apostol, Noel Ent.; requested Council to discuss an urgency item regarding his application for a petting zoo and haunted house. MOVED by Councilman Robbins SECONDED by Councilman West to hear an urgency item that arose after the posting of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MOVED by Councilman Switz SECONDED by Councilman Robbins to approve the request of Mr. Apostal for a haunted house and petting zoo at the Pump- kin patch, located on Sepulveda Blvd. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. 4. Scot Dannen, 1 127 E. Acacia; stated he felt that the environmental impact reports and the General Plan, especially the funding mechanisms for the TSM and TDM are seriously deficient. 5. Willard Krick, 1414 E. Mariposa; a) thanked the Council for the decision on the appeal of the October 5, 1993 meeting. b) requested to speak on item H -1. 6. Dorothy Kent, 909 Dune; spoke regarding the recent problems with Hyperion. COUNCIL MINUTES 1 10 -19 -93 Mitigation Monitor, Drean Atollha; informed Council and the public of the interaction with Hyperion and updated everyone on the power poles and sludge trucking operation. 7. Adrianne Cass, 770 W. Imperial; spoke on the Library agreement and Councils possible action. also mentioned an article in the Daily Breeze on El Segundo Schools getting a vote of confidence. 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 B. SPECIAL ORDERS OF BUSINESS 1. Public Hearing - Consideration of an urgency ordinance and ordi- nance adopting the City of El Segundo's General Plan Amend- ment GPA 93 -1 regarding land use designation changes to the Middle School, St. Anthony's Church /School, and the Library build- ing and adopting a Negative Declaration for Environmental Assess- ment EA -322. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the consideration of an urgency ordinance and ordinance adopt- ing the City of El Segundo's General Plan Amendment GPA 93 -1, He then asked the City Clerk if proper notice was published and had any written communications been received regarding this item. Clerk Mortesen stated that notice was published by the Planning & Building Safety Department, and no written communication had been received regarding this matter. Hyrum Fedje, Director of Planning & Building Safety gave a brief staff report. No one addressed Council MOVED by Councilman Robbins SECONDED by Councilman West to close the public hearing . MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Mayor Jacobson requested that the Plunge be changed form Park zoning to Public Facilities at the next quarterly update. Councilman Robbins requested item 4 of the EA -322 assessment be deleted. MOVED by Councilman Robbins SECONDED by Councilman West to adopt a Negative Declaration for Environmental Assessment EA -322, as modified, by deleting Section 4, definition for condo's and apartments, deleting Condos from the title, and modification as staff requested. MOTION PASSED BY UNANI- MOUS VOICE VOTE 410 City Attorney Bob Wadden read the following; ORDINANCE NO 1208 COUNCIL MINUTES 2 10 -19 -93 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 93- 1 REGARDING LAND USE DESIGNATION CHANGES TO THE MIDDLE SCHOOL, ST. ANTHONY'S CHURCH /SCHOOL AND THE LIBRARY BUILDINGS AND ADOPTING A NEGATIVE DECLARATION UNDER ENVIRONMENTAL ASSESSMENT NO. EA -322 - 615 RICHMOND STREET, 710 & 720 EAST GRAND AVENUE AND 205, 215, 223, & 233 LOMITA STREET, AND 111 MARIPOSA AVENUE. MOVED by Councilman West SECONDED by Councilman Robbins to approve Urgency Ordinance No. 1208 adopting the City of El Segundo's General Plan Amendment GPA 93 -1 regarding land use designation changes to the Middle School, St. Anthony's Church /School and the Library building.. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 City Attorney Bob Wadden read the following; ORDINANCE NO 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 93 -1 REGARD- ING LAND USE DESIGNATION CHANGES TO THE MIDDLE SCHOOL, ST. ANTHONY'S CHURCH /SCHOOL AND THE LIBRARY BUILDINGS AND ADOPT- ING A NEGATIVE DECLARATION UNDER ENVIRONMENTAL ASSESSMENT NO. EA-322 - 615 RICHMOND STREET, 710 & 720 EAST GRAND AVENUE AND 205, 215, 223, & 233 LOMITA STREET, AND 111 MARIPOSA AVENUE. INTRODUCED BY COUNCILMAN Robbins 2. Public Hearing, introduction and first reading of proposed ordi- nance approving a Development Agreement (DA 93 -2) and adopting a Negative Declaration of Environmental Impact for EA- 320, for the vacant 6.74 acre property at 1910 Mariposa Avenue (southeast corner of Sepulveda Blvd. and Mariposa Ave.) owned by OMA El Segundo Properties. COUNCILMAN ROBBINS NOT PARTICIPATING ON THIS ITEM. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the introduction and first reading of a proposed ordinance ap- proving a Development Agreement (DA- 93 -2), and adopting a Negative Declaration of Environmental Impact for Environmental Assessment no 320 for the vacant 6.74 acre property at 1910 mariposa Avenue (southeast corner of Sepulveda Blvd. and Mariposa Ave. ) owned by OMA El Segundo Properties. He then asked the City Clerk if proper notice was published and had any written communications been received regarding this item. Clerk Mortesen stated that notice was published by the Planning & Building Safety Department, and no written communication had been received regarding this matter. Laurie Jester gave a brief staff report. Public Hearing; 1. Doug Ring, Overton Moore and Assoc.; request one item be removed from the agreement on a parking study. 2. Don Cook, Overton Moore and Assoc. gave Council a brief history of the property that required a parking study and their reasons for requesting the removal of the item. COUNCIL MINUTES 10 -19 -93 Doug Ring, explained the legal problem involved with shared parking. MOVED by Councilman Switz SECONDED by Councilman West to close the public hearing. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; NONE. ABSENT; MAYOR PROTEM WISE. NOT PARTICIPATING; COUNCILMAN ROBBINS. 3/0/1/1 Councilman West stated that no goal had been set and he would feel more comfortable with a commitment for development. City Attorney Bob Wadden read the following; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT CONCERNING DEVELOPMENT OF PROPERTY LOCATED AT 1910 MARIPOSA AVENUE AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT THERETO. MOVED by Councilman West SECONDED by Councilman Switz to deny the negative Declaration of Environmental Impact for EA320, for the vacant 6.74 acre property at 1910 Mariposa Avenue, owned by OMA El Segundo Proper- ties.. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOB - SON, COUNCILMAN WEST AND COUNCILMAN SWITZ. NOES; NONE. ABSENT; MAYOR PROTEM WISE. NOT - PARTICIPATING COUNCILMAN ROBBINS 3/0/1/1 C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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. Warrant Numbers 207809 - 208046 on Demand Register Summary Number 8 in total amount of $1,151,472.01. 2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 3. Amend current agreement with Progressive Solutions, Inc. to include ongoing computer network support and Training for the Police Department, to terminate June 1994. 4. Resolution No. 3837 of the City Council of the City of El Segundo, California, related to the Capital Improvement Program reaffirming the balance of prior years' appropriations and approving the fiscal year 1993 -94 appropriations. 5. Jail wire mesh installation. Public Works project No. PW 93 -5. 6. City project coordination services for West Basin Municipal Water District Water Reclamation Project (WBMWD), corrected staff report. 7. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS COUNCIL MINUTES 4 10 -19 -93 MOVED by Councilman Swtiz SECONDED by Councilman West to approved Consent item s number 1, 4, 5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of September 13, 14, 20, 21, and 28, and October 4, 5, and 7, 1993. MOVED by Councilman Robbins SECONDED by Councilman West to approve the City Council meeting minutes of September 20, and 21, 5.P.M. , and October 7, 1993 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 Councilman West suggested that Councilman Robbins and the City Clerk discuss the changes requested by Councilman Robbins. 7. Dedication of property by Continental Development Corporation for the Rosecrans Avenue - Aviation Blvd. intersection improvements. City Attorney Bob Wadden determined Councilman Robbins has no conflict of interest regarding this matter. MOVED by Councilman Robins SECONDED by Councilman Switz to approve of the dedication of property by Continental Development Corporation for the Rosecrans Avenue - Aviation Blvd. intersection improvements. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 F.NEW BUSINESS - CITY MANAGER 1. Library Systems Affiliation Agreement. (City /School Libraries Agreement) City Manager Jim Morrison gave a brief staff report . Councilman Switz stated that the same level of services are being supplied with increase in costs and he felt there need to more specifics for who is doing what to help reduce costs. Councilman West asked if it was feasible to project an amount for upgrading material each year. Jim Morrison stated he would make this a budget item for Council to approve or deny each year. Walter Lee, Library Board of Trustees; requested a time limit set to amend and define the agreement. MOVED by Councilman Switz SECONDED by Councilman West to direct staff to review the current agreement with the intent of cost containment to better define the roles of the School District and the City. ° lse Set GFiteriG fGF the # R4e— MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 2. Discussion regarding the development of definitions of what types or sponsorship of community activities constitute City business. Assistant City Manager, Don Harrison gave a brief staff report. COUNCIL MINUTES 5 10 -19 -93 Councilman Switz stated with a reduction in the workforce and a reduction in CIP Budget a cop should be established on sponsorship of community activi- ties. Councilman West stated that the City should work with different organization that utilize the sports fields so less City man hours are expended. MOVED by Councilman Switz SECONDED by Councilman West to have staff research checks written on functions so a cap can be established. MOTION WITHDRAWN Directed staff to identify expenditures for Sponsorship of Community services and present Council with recommendations for sponsorship of services at next budget session. 3. Oral report on Del Norte Station. City Manager Jim Morrison gave a brief oral report on the developments of the Del Norte Station 4. Presentation of 1 st quarter operating budget review for fiscal year 1993/94. No immediate fiscal impact. Jim Morrison gave a brief staff report. Councilman Switz stated he appreciated the report and values the informa- tion. He asked if things like the news of Rockwell leaving will reflect in this process. Jim Morrison stated Rockwell leaving will not impact the City until the 1994 -95 Budget year. Councilman Robbins asked how the response of Business was. Jim Morrison stated he felt it was very cooperative. COUNCIL RECEIVED AND FILED 5. Proposed budget calendar for preparation of the FY 1994/95 annual operating budget. Councilman Switz stated that if Council presented their guideline at the February 23, 1994 meeting, any necessary cuts and reductions would not have to wait until June, 1994. Mayor Jacobson stated the goals and objectives should be set at that time. COUNCIL RECEIVED AND FILED 6. Reschedule October 21, 1993 two -hour briefing by Dr. John McCarty regarding Segmentation Analysis as it relates to the Economic Development Strategic Plan. Item held over to November 2, 1993 meeting. INFORMATIONAL ITEMS - CRY MANAGER COUNCIL MINUTES 6 10 -19 -93 GOLF COURSE Easement agreement with WBMWD may cost the City more than anticipated. There are no specifics at this time and the final documentation has not oc- curred. Management or Lessee approach to operating the Golf Course property with the Lessee paying the City a % of the gross. It has been learned that this would cause the tax free status of the Certificates of Participation that is being used to construct the Golf Course to come into question. There are several options that are being investigated and an amendment to the RFP is being prepared. G. NEW BUSINESS -CRY ATTORNEY - NONE H. NEW BUSINESS - CRY CLERK 1. Referendum petitions against Ordinance Nos. 1201 and 1202. City Clerk Cindy Mortesen, gave a brief staff report. 1. Ron Hart, 430 E. Maple; stated his views regarding whether the fees should be viewed as a tax or a special tax and also cited defini- tions and case law supporting his views. He also stated that with the City Attorney's statement, and the definition of State Law, then it is special tax, therefore it is subject to a ballot and 2/3 vote. He will accept either one, the referendum or the special tax, and putting it on the ballot. 2. Nicky Wislocky, 1201 E. Pine. stated the certification stated the Ordinance was published in the paper and it was not, also that the Ordinance that was presented at the Public Hearing meeting was not the same as the one signed by the Mayor. Clerk Mortesen stated that the body of the Ordinance stated the Ordinance was posted in three places according to state Government Code, and that it does appear that the certification is incorrect. Ms. Wislocky; There is no law that prohibits the Council from recog- nizing a request from constituents to rescind an ordinance or placing it on the ballot on the City Council's own motion. City Attorney Bob Wadden stated there may be an issue with regards to a tax ordinance. If you look at the case law it could be only a advisory matter on the ballot, it could not have the effect of low. Ms. Wislocky confirmed that it could be placed on the ballot as an advisory measure. Mr. Wadden, stated that is correct. Ms. Wislocky stated that the Council does have the authority to act on this request and it is only a matter of the Council's wishes to represent the electorate. 3. Gert Voegtti, Mariposa. stated that not enough information was provided for the public to be informed. She also stated that she is against the fees. COUNCIL MINUTES 7 10 -19 -93 Mayor Jacobson stated that Council packets were available in the Library and the City Clerk's office. 4. Willard Krick, 1414 E. Mariposa; agrees with Ms. Voettli and stated his concerns with the ability to have a referendum, and he would prefer to comment after Council discussion. City Attorney Bob Wadden stated that he was talking apples and oranges. the cases that deal with one do not deal with the other. What can be a tax for purposes of the referendum section of the constitution would not be a tax under case law. Councilman Robbins stated his opposition of the fees and made suggestions for the reduction of costs for street sweeping. Councilman Switz stated the basic issue is granting the residents the privilege of not paying for services. The City is involved in a retention and attraction program and if the City wishes this program to survive and business to return to El Segundo we will not be sending business the right message by not having residents pay their fair share. Councilman West made a presentation that showed how MUGh business is contributing more than their fair share, and residents should take notice and agree to pay their fair share. Mayor Jacobson stated Mayor ProTem Wise may have stated he was willing to repeal the ordinances and there would be a 2 to 2 tie if Council voted tonight. Councilman Robbins stated the voters and tax payers are rightfully upset and that residents pay more than their fair share. MOVED by Councilman Robbins SECONDED by Mayor Jacobson to rescind Ordinances's 1201 and 1202, and direct the City Attorney to prepare an Ordinance repealing Ordinance 1201 and 1202. MOTION FAILED BY FOLLOW- ING VOICE VOTE. AYES; MAYOR JACOBSON AND COUNCILMAN ROBBINS. NOES; COUNCILMAN WEST AND COUNCILMAN SWITZ. ABSENT; MAYOR PROTEM WISE. 2/2/1 MOVED by Councilman Robbins to place the issue on the ballot at the next city election. MOTION DIED DUE TO LACK OF SECOND Mayor Jacobson requested this item be held over and placed on the Novem- ber 2, 1993 meeting. I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - Stated he attended the League of California Cities Annual Conference. He felt the conference was beneficial and he enjoyed it . Councilman Robbins - Stated he attended the League of California Cities Annual conference and he gained a lot of knowledge and enjoyed the experience. Councilman Swifz - COUNCIL MINUTES 8 10 -19 -93 Stated he felt the new 105 Freeway was a benefit to the community and citizens should try it. Mayor ProTem Wise - NONE Mayor Jacobson - Announced a press release by WBMWD stating a five million dollar check will be received from Daniel Beard, Commissioner of the U.S. Bureau of Reclama- tion as part of the Federal Aid to building this project. PUBLIC COMMUNICATIONS - (Cly Business Only - 5 minute IimR) Two (2) individuals addressed Council 1. Julia Abreu, President of Sister City; invited Council and the Public to attend the Auction and dinner November 6, 1993 at Chevron Park to support the exchange students from Guaymas. 2. Gert Voettli, Mariposa; stated Councilman Switz comments made all of them feel very cheap. the people have had a lot of increas- es lately. MEMORIALS - Council adjourned in memory of Gertrude Smith who passed away October 18, 1993. CLOSED SESSION NONE ADJOURNMENT at 9:33 P.M. to November 1, 1993 at 7:00 P.M. Cindy Mortes, ity Cle COUNCIL MINUTES 9 10 -19 -93