Loading...
1994 JAN 04 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL January 4, 1994 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:04 P.M. INVOCATION - Rev. Donald Chisholm, Church of Christ PLEDGE OF ALLEGIANCE - Mayor ProTem Wise PRESENTATIONS - NONE ROLL CALL Mayor Jacobson Mayor ProTem Wise Councilman West Councilman Switz Councilman Robbins - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (City Business Only) (3 minute limit per person, 30 minute limit total) Four (4) individuals address Council 1. Rich Reed, resident; spoke regarding an article in the 12/27/93 Daily Breeze, and requested an establishment of a civilian review board on Folice activities. 2. Gerhardt Van Drie, 724 W. Pine; questioned Council on a proposed law suit regarding a proposed altercation between two parties, and what the status is at this time. City Attorney Lee Dolley responded that a claim, not a law suit, has been filed and no action has been taken. 3. Sandra Jacobs, President of the Chamber of Commerce; spoke regarding economic development and financial incentives are a must in attrccting new business. El Segundo must offer incentives to participate on an even playing field. 4. Willard Krick, 1414 W. Mariposa; spoke regarding items he had presented to Council and no action had been taken. 1) stop sign warning at Mariposa and California. 2) Policy on Business Retention and Attraction. 3) Children smoking in public. City Attorney Lee Dolley stated that regarding minors smoking in public, there is no clear direction to be taken, but he will propose a possible ordinance at the January 18, 1994 meeting. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilmcn 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 - NONE COUNCIL MINUTES 1 1 -4 -94 C. UNFINISHED BUSINESS 1. Procedure for public participation during Council meetings. City Manager Jim Morrison gave a brief staff report. Gerhardt Van Drie stated he wished to know if someone will be physically re- moved if they exceed the 3 minute time limit. Willard Krick, stated that many significant issues are unable to be addressed with in the three minute time limit, also, speakers are not equally handled. Jane Friedkin, resident; feels the policy reflects badly on the Council, and what the public has to say is very important. Councilman Robbins stated he felt the 3 minutes time limit was too restrictive. MOVED by Councilman West SECONDED by Mayor ProTem Wise to approve and continue the present procedure. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES: COUNCILMAN ROBBINS. 411 2. Selection of golf course concessionaire. City Manager Jim Morrison gave a brief staff report. Mayor Jacobson questioned how long the negotiations will take. City Manager Jim Morrison stated he felt three (3) weeks would be sufficient. Mayor Jacobson also stated he would like to structure the agreement so the restaurant may be broken out at some point in time if desired. MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to approve the Evaluation Committee's recommendation that the City enter into negotia- tions with The Practice Tee as the concessionaire to manage /operate the golf course. MOTION PASSED BY THE FOLLOWING VOICE VOTE. 5/0 3. Transient Occupancy Tax rate, credits and elimination for current hotels and proposed Summerfield Suites Hotel. City Manager Jim Morrison gave a brief staff report and stated that the tax credit and TOT increase could not be adopted without a 45 notice and public hearing process. Councilman Robbins stated that he felt everything should be approved at once, in a package deal, at the next Council meeting, not one before the other, to give the existing hotels a guaranty of a level playing field. The TOT increase can be approved separately after the necessary public hearings. City Attorney Lee Dolley stated; the consistently rendered opinion of an ordk nance dealing with regular and usual taxation of the City are not subject to a referendum. The hearing requirement is a new Brown Act that was passed and made effective immediately and refer to tax increases, not credits.. Willard Krick; agrees with Councilman Robbins that voting on the issue as a package is more advantageous. COUNCIL MINUTES 2 1 -4 -94 Nicky Wislocky, questioned if the City had check on the Summerfield opera- tion, and if the development agreement with CDC should be amended. Ms. Wislocky also stated the development agreement must be amended and it is subject to a referendum. John Savage, DoubleTree Hotel. Clarified the hotels agreement with the City Manager, they were notified of a 45 day waiting period, and they understood this. He suggested that all the agreements be put off for the 45 days. He also stated that in the language of the agreement with Summerfield it is irrevoca- ble, but the agreement with the existing hotels can be revoked. Mark Epstein, Attorney for Crown Sterling Suites; agrees with the idea of approving everything at once. MOVED by Councilman Switz SECONDED by Councilman West to close public communications. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Lee Dolley read the following: ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING CHAPTER 3.12 OF THE EL SEGUNDO MUNICIPAL CODE TO ADD A NEW SECTION 3.12.160 AUTHORIZING TAX CREDIT AGREEMENTS. MOVED by Councilman Switz SECONDED by Councilman West o adopt Ordinance 1215 amending chapter 3.12 of the El Segundo Municipal Code to add a new section 3.12.160 authorizing tax credit agreements. Mayor Jacobson stated he is concerned with how much money that will be given away. He welcomes Summerfield, but the City can not continue to do this to attract more business. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES: MAYOR JACOBSON, AND COUNCILMAN ROBBINS. 3/2 RECESS 8:52 P.M. RECONVENE 9:20 P.M. ALL MEMBERS PRESENT MOVED by Councilman Switz SECONDED by Councilman Robbins to open public communications. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Councilman Switz requested the ordinance be modified to repeal the long term requirement stay. Frank Godoy, Hacienda Hotel; stated the dollar for dollar equation is missing. The existing hotels are still going to loose seven million dollars. John Savage; The existing hotel group proposed an increase in the TOT to help the City to find a way to credit existing hotel to compensate for lost revenue. Scot Dannen, 1127 E. Acacia; clarified his position on existing hotels, there was not equal or level playing field from the beginning. COUNCIL MINUTES 1 -4 -94 Mark Epstein, stated he has serious doubts about the integrity of the Council. J. Wilson, resident; requested if anyone had approached Summerfield if they can wait till the 11th of January. Closed Public Communication Councilman Switz stated he felt the language on page 2 paragraph 6A should be altered to put a cap on the amount of credits hotels can receive. RECESS 10:20 P.M. RECONVENE 10:35 P.M. ALL MEMBERS PRESENT City Attorney Lee Dolley read the following revision for the proposed Ordi- nance 1216. Page 2, Section (3) The total amount of the credits shall not exceed $500,000 in each of the five years mentioned in subsection 1 above, or a lessor amount which shall be calculated on the cumulative total transient occupancy tax -generated by all existing hotels from the rental of government and commercial occupancies described in section four (4) below for rooms which are occupied at a rent of more than $74.99 on weekdays or more than $64.99 on weekends. Eliminated Section four(4). Adjust the next section numbering. Section 5 (a) one third of the amount described in paragraph (3) above shall be credited to each applicable hotel operator ................... (b) two thirds of the amount decried in paragraph (3) above shall be credited to each applicable hotel operator ............... The existing Hotels agreed to the proposed changes. City Attorney Lee Dolley read the following: ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING TRANSIENT OCCUPANCY TAX RATES, CREDITS AND EXEMPTIONS. MAYOR PROTEM WISE INTRODUCED ORDINANCE NO. 1216 AS REVISED BY THE CITY ATTORNEY MOVED by Mayor ProTem Wise SECONDED by Councilman West to set for Public Hearing the increase to the TOT tax rates, March 1, 1994. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOVED by Councilman West SECONDED by Mayor ProTem Wise to approve agreement no 2313 with Summerfield Suites for TOT credits, and authorized the Mayor to execute. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOES: MAYOR JACOBSON, AND COUNCILMAN ROBBINS. 3/2 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. COUNCIL MINUTES 4 1 -9 -94 1. Warrant Numbers 209043- 209322 on Demand Register Summary Number 13 in total amount of $ 1,444,102.62. 2. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4. Lease agreement between the City of El Segundo and Eaton Corporation to lease a portion of City property at 630 South Doug las Street for parking purposes. (Annual revenue of $ 13,822.) 5. Approve and authorize implementation of the Police Department's use of force training program. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to approve consent agenda items number 1, 4, and 5. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of December 21, 1993. Councilman Robbins stated for the public record; I'm going to be voting no on the City Council meeting minutes for the last meeting because they did not accurately reflect the meeting. MOVED by Mayor ProTem Wise SECONDED by Councilman Switz to approve the City Council meeting minutes of December 21, 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. Construct miscellaneous water system improvements. Project No. PW 92 -12A. Councilman Robbins not participating on this item, MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to approve Pascal & Ludwig Engineors, as the low bidder for construction of miscellaneous water system improvements Project No. PW 92 -12A, in the amount of $592,300. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ. NOT PARTICIPATING: COUNCILMAN ROBBINS 41011 F. NEW BUSINESS - C1rY MANAGER 1. Study session to discuss items related to the long -term gover- nance of the City. City Manager Jim Morrison gave a brief staff report. Council consensus to schedule January 11, 1994 for a study session to discuss items related to the long -term governance of the City. 2. Establishment of a date to conduct Candidate /Council /Staff Forum. City Manager Jim Morrison gave a brief staff report. Council consensus to schedule a Candidate /Staff forum. Staff to set the date and notify the Candidates. COUNCIL MINUTES 5 1 -4 -94 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - Councilman West thanked the Council for the dialog and participation during the TOT discussion and action. Councilman Robbins - Councilman Robbins commended the El Segundo Police Department for their recent assistance during the Manhattan Beach tragedy, and requested that any further assistance be offered. He also requested that the subject of helping with the reward offered be agendize for the next meeting. Police Chief Tim Grimmond stated that LA Impact is working closely with Manhattan Beach and El Segundo has offered any services if needed. City Attorney Lee Dolley stated that giving reward money is not something that can be acted upon tonight. It would not be a gift of public funds because of the mutual aid given between the cities. Councilman Switz 1. City reserves. MOVED by Councilman Switz SECONDED by Councilman West to request staff to prepare a schedule or chart, before the budget if possible, containing the reserve funds and any allocations to better define what is available for Council discretional use. COUNCIL CONSENSUS Mayor ProTe m Wise - Stated that the El Segundo merchants are competitive and customer oriented, and urge everyone to shop at home. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) One (1) individual addressed Council 1. Peggy Terrell, resident; suggested the Council watch the replay of the meeting. MEMORIALS - The meeting was adjourned in Memory of Officer Ganz, Man- hattan Beach Police Department. CLOSED SESSION - NONE ADJOUR ENT at 11:08 p.m. to January 11, 1994 at 7:00 P.M. in the Matsui Intern nal,yeeti, pcprD,pt _��Segundo Public Library. dy MortEXe�,'City COUNCIL MINUTES 6 1 -4 -94