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1995 DEC 19 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 19, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:00 P.M. INVOCATION - Rev. Tracy Granoff, Hope Chapel PLEDGE OF ALLEGIANCE - Councilman Robbins PRESENTATIONS - NONE. ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilwoman Friedkin Councilman Robbins - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS -(Related to City Business Only -5 minute limit per person, 30 minute limit total) One (1) individual addressed Council 1. John Oliver, Redondo Beach City Clerk; spoke regarding Councilman Robbins item regarding the removal of non legally eligible voters from the voter rolls. Councilman Robbins requested his item J -1 be taken out of order. Councilman Robbins - Consideration of a program to remove those not legally eligible to vote from the El Segundo voter rolls, similar to the Redondo Beach program. Fiscal impact: Depends on number of voters not legally eligible to vote; however, the money saved by not mailing election materials to ineligible or nonexistent voters in future elections may exceed the cost for return postage and processing of undeliverable sample ballots. Councilman Robbins explained how by paying the return postage on undeliverable sample ballots and reporting them to the County the voter rolls could be purged and kept updated. City Clerk John Oliver of Redondo Beach explained the process used in Redondo Beach. MOVED by Councilman Robbins SECONDED by Councilman Switz for the April 9, 1996 Municipal Election, the sample ballots be marked so the Post Office would return any undeliverable sample ballots to the Clerks office for purging information to be forwarded to the County Registrar Recorders. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 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 resolution on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B. SPECIAL ORDERS OF BUSINESS - City Manager, Jim Morrison requested the next two items be held over. 1. Public hearing and introduction of an Ordinance to amend the City General Plan Land Use Map (EA -362, GPA 95-1). Applicant: The City of El Segundo. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing and introduction of and ordinance to amend the City General Plan Land Use Map (EA -362, GPA 95-1). He asked if proper notice of the hearing was done and if any written communications had been received regarding this hearing. Clerk Mortesen stated that the Planning and Building Safety Department had done the proper noticing and no written communications had been received regarding this matter. City Council Minutes 12 -19 -95 - 7:00 p.m. Mayor Jacobson opened the public hearing. No individuals addressed Council MOVED by Robbins SECONDED Councilman Switz to continue the public hearing to January 10, 1996 at 7:00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. Public hearing and introduction of an Ordinance to amend the Zoning Map, various sections of Title 19 and Title 20 of the El Segundo Municipal Code, and the Smoky Hollow Specific Plan, related to subdivisions and zoning (EA -348, ZTA 94-1, ZC 95-1). Applicant: The City of El Segundo. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on an ordinance to amend the Zoning Map, various sections of Title 19 and Title 20 of the El Segundo Municipal Code, and the Smoky Hollow Specific Plan, related to subdivisions and zoning (EA -348, ZTA 94 -1, ZC 95-1). He asked if proper notice was done and if any written communications had been received. Clerk Mortesen stated that public notice was done by the Planning and Building Safety Department and no written communications had been received regarding this issue. Mayor Jacobson opened the public hearing. No individuals addressed Council MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to continue the public hearing to January 10, 1996 at 7:00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 3. Public Hearing and introduction of an Ordinance to amend Chapter 9.06 of the El Segundo Municipal Code regulating noise and vibrations (EA -370). Applicant: The City of El Segundo. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing and introduction of an ordinance to amend Chapter 9.06 of the El Segundo Municipal Code regulating noise and vibrations (EA -370). He asked if proper notice of the hearing had been done and if any written communications had been received regarding this. Clerk Mortesen stated that the public notice was done by the Planning and Building Safety Department and no written communications had been received regarding this issue. MOVED by Councilman Robbins SECONDED by Councilman Switz to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 City Attorney Lee Dolley read the following: ORDINANCE NO. 1242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -370 AMENDING THE NOISE AND VIBRATION REGULATIONS, CHAPTER 9.06 OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO Councilman Switz introduced the Ordinance No. 1242, and scheduled January 16, 1996 for the second reading. C. UNFINISHED BUSINESS - Second reading and adoption of an ordinance of the City Council of El Segundo, California authorizing an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration of the Public Employees Retirement System that implements the 2% at 50 Retirement formula as required by the Firefighter's Association 1992 -95 Memorandum of Understanding. Fiscal impact: Increase in City -paid employee retirement contribution, $33,750 on an annualized basis. Anticipated 1.497% increase in employer retirement contribution rate, as determined by PERS, does not go into effect until July 1, 1997. 2 City Council Minutes 12 -19 -95 - 7:00 p.m. City Attorney Lee Dolley read the following: ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, 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. MOVED by Councilman Robbins SECONDED by Councilman Switz to adopt Ordinance No. 1240, authorizing an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration of the Public Employees Retirement System that implements the 2% at 50 Retirement formula as required by the Firefighters Association 1992 -95 Memorandum of Understanding. Fiscal impact: Increase in City -paid employee retirement contribution, $33,750 on an annualized basis. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Second Reading and adoption of an Ordinance of the City of El Segundo, California, deleting Section 5.08.018, Chapter 5.08, Title 5 of the El Segundo Municipal Code relating to the Consumer Price Index; amending Section 5.08.019, Chapter 5.08, Title 5 of the El Segundo Municipal Code to include a 10% reduction and an additional 5% reduction of the remainder of all business license taxes; and amending Sections 5.08.020(a), 5.08.0195(a) and (b) of Chapter 5.08, Title 5 of the El Segundo Municipal Code increasing the number of employees covered by the basic license fee from 5 employees to 10 employees. The fiscal impact of this item is an estimated $616,000 reduction of General fund revenues. City Attorney Lee Dolley read the following: ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, DELETING SECTION 5.08.018, CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE CONSUMER PRICE INDEX; AMENDING SECTION 5.08.019, CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE TO INCLUDE A 10% REDUCTION AND AN ADDITION 5% REDUCTION OF THE REMAINDER OF ALL BUSINESS LICENSE TAXES; AND AMENDING SECTION 5.08.020 (a), 5.08.195 (a) AND (b) AND 5.08.220 (a) AND (b) OF CHAPTER 5.08, TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE INCREASING THE NUMBER OF EMPLOYEES COVERED BY THE BASIC BUSINESS LICENSE FEE FROM 5 EMPLOYEES TO 10 EMPLOYEES. MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to adopt Ordinance No. 1241, deleting Section 5.08.018, Chapter 5.08, Title 5 of the El Segundo Municipal Code relating to the Consumer Price Index; amending Section 5.08.019, Chapter 5.08, Title 5 of the El Segundo Municipal Code to include a 10% reduction and an additional 5% reduction of the remainder of all business license taxes; and amending Sections 5.08.020(x), 5.08.0195(a) and (b) of Chapter 5.08, Title 5 of the El Segundo Municipal Code increasing the number of employees covered by the basic license fee from 5 employees to 10 employees. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 3. Report to City Council Concerning Scaled Back Water Fund Reserves and Revised Projection of Future Water Rate Increases. (Report does not impact current water rates). Council received and filed the report D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Adoption of the 1996 Park Vista Operating Plan and Budget (total proposed expenditures, $546,113), and revenues of $469,879. 3 City Council Minutes 12 -19 -95 - 7:00 p.m. MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to postpone the adoption of the 1996 Park Vista Operating Plan and Budget until January 16, 1996, and to continue the current spending level for one more month. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 E. CONSENT AGENDA City Attorney Lee Dolley stated that no Councilperson has any conflict of interests on the 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 227155 - 227312 on Demand Register Summary Number 23 in total amount of $566,557.82. 2. Warrant Numbers 227313 - 227437 on Demand Register Summary Number 24 in total amount of $584,005.65, and Wire Transfers in the amount of $894,577.38. 3. City Council meeting minutes of December 5, 1995. 4. PULLED FOR DISCUSSION BY MAYOR PROTEM WESTON. 5. Appropriation of $5,000,000 Metropolitan Transportation Authority (MTA) grant for the Sepulveda Boulevard Widening Project. (Fiscal impact - authorize expenditure of MTA grant). 6. Final acceptance of Sealing of the Concrete Parking Deck over the Water Reservoir at 400 Lomita Street, Project No. PW 95 -7 (final contract amount $63,770.00). 7. PULLED FOR DISCUSSION BY THE PUBLIC 8. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 9. Approval of a Contract No. 2426, with U.S.E. Community Services Group, Inc., United States Escrow to administer escrow services in correlation with the CDBG Minor Home Repair Program for the City's Senior homeowners. Estimated cost per loan is $515. Estimated contract value: $4,600 (CDBG funds). MOVED by Councilman Switz SECONDED by Councilman Robbins to approve consent agenda items numbers 1, 2, 3, 5, 6, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA 4. Presentation of the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 1995. Mayor ProTem Weston requested that notification be sent to Council by the auditors of any items that are not consistent with accepted financial recordkeeping standards or would have a material impact on the City's financial records. Council consensus that this could be done when discussion comes up on the RFP for auditor services. Council received and filed the report. 7. Resolution No. 3955, of the City Council of the City of El Segundo, California, declaring its intention to grant a 12" diameter jet fuel pipeline franchise to Chevron U.S.A. Products Company (proposed recommended annual franchise fee = $20,000). Liz Gamholts, resident and member of the Noise Abatement Committee; spoke against the continuation of this franchise. She stated she felt it could be used as a tool in dealing with the Department of Airports. 4 City Council Minutes 12 -19 -95 - 7:00 p.m. Mayor Jacobson stated that the Airport would receive no benefit from this franchise and to deny it on those grounds would not be productive. Councilman Robbins stated his concerns with the safety of residents and the school along the pipeline. Steve Tsumura, Fire Department, explained the risks and safety measures taken with the pipeline. City Attorney Lee Dolley read the following: RESOLUTION NO. 3955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A 12" DIAMETER JET FUEL PIPELINE FRANCHISE TO CHEVRON U.S.A. PRODUCTS COMPANY MOVED by Councilman Switz SECONDED by Mayor ProTem Weston to adopt Resolution No 3955 declaring its intention to grant a 12" diameter jet fuel pipeline franchise to Chevron U.S.A. Products Company, with the change made in section 2 reducing the length of the franchise to 10 years. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 8. Resolution No. 3956 adopting City Urban Water Management Plan (no fiscal impact). City Attorney Lee Dolley read the following: RESOLUTION NO. 3956 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE CITY OF EL SEGUNDO URBAN WATER MANAGEMENT PLAN MOVED by Councilman Robbins SECONDED by Councilman Switz to approve Resolution No. 3956 adopting City Urban Water Management Plan MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER 1. FAA/Resident funded RSI program. Councilman Robbins requested, and Council consensus to have the City Manager and City Attorney investigate the possibility of reimbursing residents who take advantage of the 80/20 program if the Department of Airports should eventually fund the program. MOVED by Councilman Robbins SECONDED by Councilman switz to approve of the expansion of the RSI program to permit citizen participation in funding program and approve the start up of the FAA/Resident, 80/20% funded RSI program. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. Direct the City Manager and City Attorney to prepare documents to maintain current revenues and services in light of possible Proposition 62 ruling by the Supreme Court. Fiscal Impact: maintain current revenue /expenditure levels. MOVED by Mayor ProTem Weston SECONDED by Councilman Switz to direct the City Manager and City Attorney to prepare documents to maintain current revenues and services in light of possible Proposition 62 ruling by the Supreme Court. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 G. NEW BUSINESS - CITY ATTORNEY 1. Adoption of a Code Enforcement Policy. Council directed the City Attorney to prepare a "Code Enforcement Policy" containing the following components: 1) priority of types of violations to target for compliance; 2) method of enforcement; 3) frequency of reporting status of code enforcement activities to the Council. The policy is also to include a one year grace period for owners who agree to correct violations during a 30 -day amenity period. The policy is to be returned to Council on January 16, 1996. 5 City Council Minutes 12 -19 -95 - 7:00 p.m. H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - NONE Councilman Robbins - 1. Consideration of a program to remove those not legally eligible to vote from the El Segundo voter rolls, similar to the Redondo Beach program. Fiscal impact: Depends on number of voters not legally eligible to vote; however, the money saved by not mailing election materials to ineligible or nonexistent voters in future elections may exceed the cost for return postage and processing of undeliverable sample ballots. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 2. Good Government measure sponsored by the City, for submission to the voters, that would limit the duration of certain types of contracts to a maximum of four years and require that other types of contracts contain provisions allowing the City to cancel the contract after four years or at four year intervals. Councilman Robbins requested to bring this item back with the possibility of placing an initiative on the ballot in a future election. Council consensus that there was no interest in proceeding with this item. Councilman Switz - Reported on the meeting with the FAA, Monday 12/18/95, He further requested a letter be sent thanking Congresswoman Harmon for arranging the meeting and to express our disappointment with the FAA. He also emphasized the need to vigorously pursue the problem with the possibility of her inserting language in the Fy 1997 budget appropriation bills for the FAA to make them responsible for oversight and maintenance of standards at LAX. Mayor ProTem Weston - Announced the opening of the nomination period for three Council seats, City Clerk and City Treasurer Mayor Jacobson - 1. Request for variances from the Municipal Code. MOVED by Councilman Switz SECONDED by Councilman Robbins to Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 20.74.040; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Waiving of the ordinance on Animal Regulations (ESMC 8.02.010); 4) Waiving the Trespass Ordinance (ESMC 9.28.010) including 8.04.110 dealing with trespassing animals; 5) Granting a free business license for a non - profit organization (ESMC 5.04.050); 6) Waiving the Pooper - Scooper regulation (ESMC 9.04.040); 7) Waiving of the Noise Ordinance to permit the sound of bells (ESMC 9.06.0110); and 8) Waiver of ESMC 16.04.060 (Driveway Permits Required) and 10.28.110 (Parking on Grades). MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES: MAYOR JACOBSON, COUNCILMAN SWITZ, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: NONE. ABSTAIN: MAYOR PROTEM WESTON. 41011 6 City Council Minutes 12 -19 -95 - 7:00 p.m. REPORT OF ACTION TAKEN IN CLOSED SESSION Council voted to take action to defend the following: Bue v City of El Segundo, LASC Case No BC137060 and Rienbold v. City of El Segundo, LASC Case No. YCO25220. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) NONE MEMORIALS - NONE Mayor Jacobson and Councilman Robbins left the meeting at 9:10 P.M. CLOSED SESSION 9:10 P.M. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., December 19, 1995 under "Closed Session" (if needed). ADJOURNMENT at 10:30 p.m. to January 2, 1996 at 6:00 p.m. Ci y Mortes , City dirk 7 City Council Minutes 12 -19 -95 - 7:00 p.m.