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1994 MAR 01 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 1, 1994 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:00 P.M. INVOCATION - Dr. J. H. Greer, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Robbins PRESENTATIONS 1. "Evening of Promise for ESEF' by Center Street 4th and 5th Graders. Marcia Pummel, Rotary Club, announced the 2nd Annual Jubilee Ball, to be held on March 5, 1994 at the Hacienda Hotel. Jennifer, Matt, Peter, and Kristen presented their pictures of promise. ROLL CALL Mayor Jacobson Mayor ProTem Wise Councilman West Councilman Switz Councilman Robbins - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to Cifv Business On (3 minute limit per person, 30 minute Imif total) Five (5) individuals addressed Council 1. Rich Reed, resident; spoke regarding education reform. 2. Gerhardt Van Drie, 724 W. Pine; spoke regarding the increase in the TOT. 3. Liz Garnhotz, resident; spoke for the El Segundo Noise Abatement Committee regarding the Board of Airport Commission position on avigation easements. 4. Scott Clarkson, Attorney for the Crown Sterling Suites Hotel, re- quested item H -2 be moved up to follow B -1 5. Len Bonnilla, resident; asked if there is any update on the "Bitch " skateboard issue. City Attorney Lee Dolley stated he is vigorously pursuing this issue and announcement is expected at the March 15, 1994 meeting. Close Public Communications MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to further discuss the avigation Easements. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council discussed the steps that are being taken and stated that the sound installation program is not dead. Also Mayor Riordan is being contacted and communications are in progress. COUNCIL MINUTES 1 3 -1 -94 Mayor ProTem Wise questioned the City Manager about the progress on the divider at the end of the 105 freeway. Jim Morrison, City Manager stated there has been two correspondence and verbal contact with Cal Trans requesting them to pursue this issue with no response. 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 West 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 adoption of proposed ordinance to increase the transient occupancy tax and to allow for tax credits to existing El Segundo hotels. Fiscal impact: See staff report. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the adoption of proposed ordinance to increase the transient occupancy tax and to allow to tax credits to existing El Segundo Hotels. He asked if proper notice had been done in a timely manner and if any written correspondence had been received regarding this matter. Clerk Mortesen responded that proper notice was done by the City Clerk's office and not written communications had been received regarding this matter. City Manager Jim Morrison gave a brief staff report. Council opened the Public Hearing No individuals addressed Council regarding this matter. MOVED by Mayor ProTem Wise SECONDED by Councilman West to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 City Attorney Lee Dolley read the following: ORDINANCE NO. 12 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING TRANSIENT OCCUPANCY TAX RATES, CREDITS AND EXEMPTIONS. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to adopt Ordinance No. 1216 allowing for the increase to the transient occupancy tax and to allow for tax credits to existing El Segundo Hotels. MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES; MAYOR PROTEM WISE, COUNCILMAN WEST, COUNCILMAN SWITZ, AND COUNCILMAN ROBBINS. NOES: MAYOR JACOBSON. 4/1 COUNCIL MINUTES 2 3 -1 -94 2. Discussion and consideration of proposed landscape plan to provide visual buffering of Hyperion Treatment Plant for nearby residences. Don Harrison, Assistant City Manager, gave a brief staff report. Dream Atallah, Mitigation Monitor explained the plan and how it evolved. Public Comment: 1. Dorothy Kent, 909 Dune; stated she is in support of the trees to obscure the building and the general landscape plan. 2. Len Bonnilla, 929 Dune; stated he supports the landscape plan. John Andrew, landscape architect, RBF; spoke regarding the type of vegeta- tion chosen and their growth time. 3. Dune Street resident; spoke regarding the two year watering process and if they need more will the watering continue if needed. Dream Atallah stated they do not expect the need for watering after the two year period, but there will be a system in place if needed. 4. Walt Baynes, 333 Hillcrest; spoke regarding the microphones and the three minute time limit. He also spoke on making sure the Hyperion will maintain this area after the 2 year time period, and establish rules now so they can be enforces. John Andrew, stated the availability of the trees of certain sizes will dictate what is planted and also that planting smaller trees will encourage the full growth of the trees. 5. Randy Ross, Dune Street; asked if the trees cover all the way to the dunes, and he is concerned about the watering and the noise. Dream Atallah stated the noise level cannot exceed certain levels, they are working with hyperion to reduce the expected noise. MOVED by Councilman Switz SECONDED by Councilman Robbins to approve the proposed landscaping and to work with the City of Los Angeles to bring about the proposed landscaping. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 RECESS 8:20 P.M. RECONVENE 8:30 P.M. ALL MEMBERS PRESENT C. UNFINISHED BUSINESS 1. An ordinance of the City Council of the City of El Segundo, Califor- nia, amending Section 5.08.195 of the El Segundo Municipal Code to grant a credit against the business license tax for certain busi- nesses in an amount equal to a percentage of paid delinquent or disputed utility user taxes. Fiscal impact: See Settlement Agree- ment. City Manager Jim Morrison read the following: COUNCIL MINUTES 3 3 -1 -94 ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 5.08.195 OF THE EL SEGUNDO MUNICIPAL CODE TO GRANT A CREDIT AGAINST THE BUSINESS LICENSE TAX FOR CERTAIN BUSINESSES IN AN AMOUNT EQUAL TO A PERCENTAGE OF PAID DELINQUENT OR DISPUTED UTILITY USER TAXES MOVED by Councilman Switz SECONDED by Councilman West to adopt Ordinance No. 1219, amending Section 5.08.195 of the El Segundo Municipal Code to grant a credit against the business license tax for certain businesses in an amount equal to a percentage of paid delinquent or disputed utility user taxes. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ITEM TAKEN OUT OF ORDER FROM NEW BUSINESS - CITY CLERK 2. Referendum petition against Ordinance 1215. Mayor ProTem Wise stated he had received a correspondence regarding a circulator of the petitions and a possible violation of the election process. City Attorney Lee Dolley stated any information received regarding a possible violation of the election procedure should go straight to the District Attorney's office for investigation and possible action. We do not have the authority or means to either investigate or take action on this matter. Councilman Robbins stated this should be put to a vote of the people. Councilman West asked the City Attorney if this is a issue subject to referen- dum. City Attorney Lee Dolley stated that the subject matter of the particular referendum is not subject to referendum under case law. The Council may do as it wished in this matter. Public Communications: 1. Jeffrey Cohn, Law offices of Barbara S. Linderman, stated their opinion on the proper action of a referendum. He further stated they could not find any case law to support Mr. Dolley's opinion. He request- ed some other basis for the City Attorney's opinion. Mayor Jacobson stated the City Attorney's opinion stands. 2. Jack Roberts, General Council for the Crown Sterling Suites, spoke regarding the possible "tainting" of the petition. Mayor Jacobson stated he feels strongly in the electorates right to vote on issues, but he cannot put this item on the ballot, a binding agreement has already been reach and he must support this. MOVED by Councilman Switz SECONDED by Mayor ProTem Wise to deny the request to put the issue on the ballot. MOTION PASSED BY THE FOLLOWING COUNCIL MINUTES 4 3 -1 -94 VOICE VOTE. AYES, MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ, NOES; COUNCILMAN ROBBINS. 4/1 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Announcement of appointments to El Segundo Community Cable Advisory Committee. MOVED by Mayor ProTem Wise SECONDED by Councilman Robbins to appoint Donna West to a full four (4) year term and Steve Sturgeon to a two (2) year term on the El Segundo Community Cable Advisory Commit - tee.MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Request for City Council to schedule interviews of applicants to the El Segundo Existing Business Committee. Council requested staff to re- advertize for applicants to the El Segundo Existing Business Committee. 3. Oral presentation of Senior Housing Board's 30 day review of new management at Park Vista. Don Harrison, Assistant City Manager gave an oral presentation to the Council on the new management at Park Vista. Council requested a 90 day review with a survey of the tenets views on the new management. Councilman Robbins stated that he had received some complaints from tenets regarding the new management. 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 210051 - 210349 on Demand Register Summary Number 17 in total amount of $902,391.68, and Wire Transfers in the amount of $10,363,770.25. 2. ITEM PULLED BY COUNCILMAN ROBBINS MOVED by Councilman Switz SECONDED by Councilman West to approve consent item number 1. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of February 15, 1993. MOVED by Councilman Switz SECONDED by Councilman West to approve the meeting minutes of February 15, 1994. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST AND COUNCILMAN SWITZ, NOES: COUNCILMAN ROBBINS 4/1 COUNCIL MINUTES 5 3 -1 -94 F.. NEW BUSINESS - CITY MANAGER 1. Xerox Corporation appeal for City Council consideration with respect to the deadline for full compliance with the City of El Segundo High -Rise Ordinance No. 1100, Title 17, Chapter 17.06. John Mapes, Acting Fire Marshall gave a brief staff report. City Attorney Lee Dolley stated there is a section of the Municipal Code specifically allowing the City Council to grant an extension of time. MOVED by Councilman Switz, SECONDED by Councilman Robbins to approve the extension of the deadline for full compliance with the City of El Segundo High -Rise Ordinance No. 1100 to December 31, 1999. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Review Water Enterprise Fund financial status, consideration of increasing water rates by 15% and request authorization to solicit Water Rate Study Proposals, estimated to cost approximately $25,000. Ed Schroder, Director of Public Works gave a brief staff report. MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt Resolution No. 3856 increasing water rates by 15% and rescinding Resolution No. 3831. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMAN WEST, AND COUN- CILMAN SWTIZ. NOES; COUNCILMAN ROBBINS 4/1 Council also authorized the retention of a Water rate Consultant. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CRY CLERK 1. Resolution establishing voting precincts and polling places, ap- pointing precinct Board Members, and fixing compensation for the General Municipal Election on April 12, 1994. MOVED by Mayor ProTem Wise SECONDED by Councilman West to adopt Resolution No. 3857 establishing voting precincts and polling places, appoint- ing precinct Board Members, and fixing compensation for the General Munici- pal Election on April 12, 1994. MOTION PASSED BY THE FOLLOWING VOICE VOTE 5/0 2. Referendum petition against Ordinance 1215. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman West - NONE Councilman Robbins - NONE COUNCIL MINUTES 6 3 -1 -94 Councilman Swifz - Reported on the tour presented by the West Basin Water District of the Colora- do River, and suggested anyone who has not taken advantage of this tour do SO. Mayor ProTem Wise - Reported on the P.A.V.E. meeting and the Little League 40th Anniversary Parade. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to CRY Business Only - 5 minute Bmif) One (1) individual addressed Council 1. Nicky Wislocky, 1208 E. Pine: spoke regarding possible misrepresentation of the referendum petition. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 9:45 P.M. to March 8, 1994 at 5:00 P.M. Cin Mortese ity Clerk/ COUNCIL MINUTES 7 3 -1 -94