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1995 JUN 06 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JUNE 6, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:00 P.M. INVOCATION - Pastor Mike Maffee, Hope Chapel PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - 1. Proclamation declaring June 10, 1995 as "Volunteer Recognition Day" in the City of El Segundo and acknowledging all the volunteers who enable the City to continually provide quality services to the community. Chris Powell received the proclamation from Mayor Jacobson 2. Proclamation honoring El Segundo Fire Engineer John Guitierrez for his dedication and support of the youth of the community and congratulating him as the recipient of the 1995 Los Angeles County Community Protectors Award. Fire Engineer John Guitierrez received the proclamation from Councilman Switz ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Four (4) individuals addressed Council 1. William D. Ross, Attorney, 520 S. Grand, Los Angeles, representing Kilroy Industries presented legal opinions for the reconsideration of CUP 94 -5 and Variance No. 94 -1. He further asked the Council to reconsider the matter. 2. Mark Shoenfeld, President of the Holly Glen Residents Association, requested Council to consider annexing the Holly Glen area. 3. Terry O'Brian, 921 Dune Street spoke regarding recent complaints on Hyperion. 4. Richard Patterson, Illinois Ct. spoke regarding USMC 9.58, Vehicle Alarms. and requested Council to make the code stronger with a possibility of towing a car after the sounding of any alarm for a certain period of time. 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 Councilwoman Friedkin to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - 1. Public hearing to discuss FY 1995/96 Preliminary Budget and Five -Year Capital Improvement Plan. Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the FY 1995/96 Preliminary Budget and Five -Year Capital Improvement Plan. He asked if proper notice of the public hearing had been done in a timely manner and if and written communications had been received. Cleric Mortesen stated that proper notice was done by the Finance Department and no written communications had been received regarding this matter. City Manager Jim Morrison gave a brief staff report. Mayor Jacobson opened public communications 1. Nancy Cobb, representing the Chamber of Commerce and DESI, presented a plan for a downtown walking tour a Civic Center Plaza renovations. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to approve of a subcommittee to consist of Councilman Switz and Councilwoman Friedkin to investigate the possibilities and feasibility of the plan. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. Bill McCoy, President of the Library Board of Trustees; requested Council to consider a reading machine for the blind and visually impaired readers at a cost of $7,300. 3. Rod Spackman, Chevron USA; stated that if the Friends of the Library would send a proposal to Chevron, he felt Chevron would find a way to fund the reader. MOVED by Mayor ProTem Weston SECONDED by Councilman Switz to earmark funds for a further 5% reduction in the Business License Tax and make the previous 10% reduction permanent. Councilwoman Friedkin stated she could not vote to make the reduction permanent. Mayor ProTem Weston AMENDED and Councilman Switz AGREED the amendment to direct staff to earmark funds for an additional 5% reduction along with continuing the previous 10% reduction from the 94/95 budget for a total of about 15% reduction in Business License Tax for FY 95/96. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS. 411 Councilman Robbins stated he wished monies to be earmarked for a possible purchase of the Imperial Street School site. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to direct the subcommittee to speak with representatives of the School Board for a possible purchase of the Imperial Street School Site. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: MAYOR JACOBSON AND COUNCILMAN SWITZ. 312. Council consensus to appoint Councilwoman Friedkin and Councilman Robbins to a subcommittee to work with the City Manager and Personnel Director to investigate any organization that City employees belong to and dues are paid for with public funds, that participate in endorsing and /or support legislation that is not directly related to their field. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to continue the public hearing to June 20, 1995 at 7:00 p.m.. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. Public Hearing concerning the abatement of weeds as identified in the Resolution of Intention adopted by the City Council on May 16, 1995. No action was required on this item. The parcels subject to the announced public hearing have been cleaned. C. UNFINISHED BUSINESS - 1. April, 1996 General Municipal Election Date in light of State moving Presidential Primary to March of 1996. Council consensus not to consolidate with the county for the November 1995 election. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to direct the City Attorney to prepare an ordinance extending terms of office for three (3) councilmembers, City Clerk, and City Treasurer for eleven (11) months for the next election only and return to Council with the completed Ordinance at the June 20, 1995 meeting. City Attorney Lee Dolley stated that the ordinance would go into effect after the second reading and he could include a sunset clause. He further stated he would return at the next meeting with the completed ordinance for Council consideration. He further stated that he would review Councilman Robbins comments. 2 Question Called: MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: COUNCILMAN SWITZ. ABSTAINING: MAYOR JACOBSON. 3/111 Councilman Robbins stated he did not wish to vote on extending his own term. RECESS: 9:00 P.M. RECONVENE 9:25 P.M. ALL MEMBERS PRESENT MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to reconsider the last vote extending the election. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN AND COUNCILMAN ROBBINS. NOES: MAYOR JACOBSON, COUNCILMAN SWITZ 312 City Attorney Lee Dolley stated that if there are persons who leave the dias then the quorum is broken. If a vote is taken on the matter, it will take a majority of those present. It will take three votes if four are present. Councilman Robbins left the dias. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to extend the terms to March of 1997, and language be added to address a sunset clause so it would only be a one term extension and would not affect the terms of Councilwoman Friedkin or Mayor ProTem Weston, and further requested Council give specific direction on the language that would be use in the letter informing the voters of that change. MOTION FAILED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN SWITZ. ABSTAINING: MAYOR JACOBSON. NOT PRESENT: COUNCILMAN ROBBINS. 21111 City Attorney Dolly stated at this point it is a 2/1/1 vote, the abstention counts as a negative vote. Mayor Jacobson left the dias. City Attorney stated that there is still a quorum present and could vote on the matter. MAYOR PROTEM WESTON RECALLED THE QUESTION. MOTION PASSED BY THE FOLLOWING VOICE VOTE - AYES: MAYOR PROTEM WESTON AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN SWITZ. NOT PRESENT: MAYOR JACOBSON AND COUNCILMAN ROBBINS. 211 Councilman Robbins and Mayor Jacobson returned to the dias. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Request for City Council to review current recruitment status of committees /commissions /boards ( "CCBs "). Council consensus to extend the filing deadline for the Library Board of Trustees, Wall of Honor and Senior Housing Board, and schedule interviews for July 6, 1995 at 6:30 P.M. for the Planning Commission, Recreation an Parks Commission, Economic Development Advisory Council, and the Investment Advisory Committee. 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 222116 - 222311 on Demand Register Summary Number 45 in total amount of $888,006.71. 2. Warrant Numbers 222312 - 222478 on Demand Register Summary Number 46 in total amount of $225,004.19. 3. Warrant Numbers 222479 - 222664 on Demand Register Summary Number 47 in total amount of $698,343.29, and Wire Transfers in the amount of $844,027.32. 4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5. Agreement with Lance, Soil & Lunghard for a compliance audit of transient occupancy tax (TOT) revenues for the fiscal year ended June 30, 1995. ($4,000). 3 6. Renewal of General Services Agreement (GSA) between the City and the County of Los Angeles for another five (5) years commencing on July 1, 1995 for services performed by the County on behalf of the City. (Estimated annual expenditure $150,000.) 7. Request City Council approve the purchase of one rescue ambulance vehicle using equipment replacement funds from fiscal year 1994/95 not to exceed $122,000. 8. Award highest bid of $200,130.00 on lease of FY 1995/96 Groundwater Pumping Rights in West Coast Basin to Texaco Refining and Marketing, Inc. 9. (1) Cooperative Agreement between the City of El Segundo and the County of Los Angeles for the Rehabilitation of El Segundo Boulevard from Nash Street to the east City limits. (Estimated cost to City $575,000). (2) Resolution consenting to the establishment of a portion of El Segundo Boulevard as a part of the County system of highways to enable the County to implement the rehabilitation project. 10. City - Caltrans Utility Agreement (7Ut- 10,692) to provide for Caltrans reimbursement for City costs to relocate a 12" water main (estimated cost $12,000). 11. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 12. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 13. Adoption of Plans and Specifications for the 1994 -95 Sidewalk and Curb Repair Program at Various Locations, Project PW 95 -4 (estimated project cost = $105,000, of which $40,000 will be reimbursed by Caltrans). 14. PULLED FOR DISCUSSION BY MAYOR JACOBSON 15. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 16. Request Council approval to provide training for one Guaymas police officer and one Guaymas firefighter for a period of approximately three weeks. 17. Proposed contract renewal with the Los Angeles Southern California Humane Society to provide animal control and shelter service for the City of El Segundo at a cost of $42,692 per year for two years. MOVED by Mayor ProTem Weston SECONDED by Councilman Switz to approve Consent Agenda Item Numbers 1, 2, 3, 5, 6, 7, 8, 9, 10, 13, 16, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALLED ITEMS FROM CONSENT AGENDA 4. City Council meeting minutes of March 21, April 4, April 18, May 2 and May 16, 1995. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve the minutes of March 21, April 4 and 18, May 2 and 16, 1995. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS 411 Councilman Robbins stated for the record he was voting no due to in- accuracies and omissions contained in the minutes. 11. Adoption of Plans and Specifications No. PW 95 -5 for the Design and Installation of Transfer Switch and Emergency Generator System for Fire Station No. 2 (estimated cost $38,000). MOVED by Councilman Robbins SECONDED by Councilman Switz to adopt the Plans and Specifications No. PW 95 -5 for the Design and Installation of Transfer Switch and Emergency Generator System for Fire Station No. 2 estimated cost $38,000. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 12. City Hall Heating, Ventilating and Air Conditioning (HVAC) Improvements. Project No. PW 93 -14 (Final Contract Amount $346,565.40). MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve Change Order No. 2, accept the work as complete and authorize the City Clerk to file the City Engineers Notice of Completion in the County Recorders's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 14. Agreement between the City of El Segundo and De Leuw, Cather and Company to provide professional engineering services for the Douglas Street Extension Project between Park Place and Alaska Avenue (total cost not to exceed $268,650). Mayor Jacobson and Councilman Robbins, not participating on this item. 4 MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve Contract No. 2399 between the City of El Segundo and De Leuw, Cather and Company to provide professional engineering services for the Douglas Street Extension Project between Park Place and Alaska Avenue (total cost not to exceed $268,650). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS. 31012 15. Request to accept donation of $1,694 from the El Segundo Tennis Club designated for the resurfacing of Tennis Court #4 at Recreation Park. MOVED by Councilman Robbins SECONDED by Councilman Switz to accept the donation of $1,694 from the El Segundo Tennis Club designated for the resurfacing of Tennis Court #4 at Recreation Park. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 F. NEW BUSINESS - CITY MANAGER - Donation by Northrop Grumman Corporation of $100 to the City of El Segundo honoring the volunteer efforts of A.J. Paz in the community. MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to accept the donation by Northrop Grumman Corporation of $100 to the City of El Segundo honoring the volunteer efforts of A.J. Paz in the community and to designate its use, and direct staff to send a letter of thanks to Mr. Paz and Northrop Grumman Corporation. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to designate its use to the Fire Department Urban Search and Rescue fund. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. A Resolution of the City Council fixing water rates and approving the increase of the amount of Adjusted Gross Income for eligibility for Water Lifeline Rates. Ed Schroder, Director of Public Works gave a brief staff report. City Attorney Lee Dolley read the following: RESOLUTION NO. 3922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR WATER SERVICE IN SAID CITY AND INCREASING THE AMOUNT OF ADJUSTED GROSS INCOME FOR ELIGIBILITY FOR WATER LIFELINE RATES AND RESCINDING RESOLUTIONS NO. 3876 AND 3828 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to adopt Resolution No. 3922 fixing water rates and approving the increase of the amount of Adjusted Gross Income for eligibility for Water Lifeline Rates. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS 411 Councilman Robbins stated he voted no because he felt the City should pay for the water it uses and the fee structure should reflect that. F. NEW BUSINESS - CITY ATTORNEY City Attorney Lee Dolley announced a decision of the Superior Court in the case involving Summerfield Suites and a challenge to the tax law of the City. The challenge was basically that a tax ordinance is referendable. Summerfield argued to the contrary. The real parties interest argued that the ordinance is referendable. The Court rendered a memorandum decision in which the Superior Court has decided that the matter was not referendable. H. NEW BUSINESS - CITY CLERK - 1. Resolution establishing a policy regarding the retention of audiotaped records of City Council Meetings. City Attorney Lee Dolley read the following: M RESOLUTION NO. 3923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING A POLICY REGARDING RETENTION OF AUDIOTAPED RECORDS OF CITY COUNCIL MEETINGS MOVED by Councilman Robbins SECONDED by Councilman Switz to adopt Resolution No. 3923 establishing a policy regarding the retention of audiotaped records of City Council Meetings. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 THIS NEXT ITEM WILL ONLY BE CONSIDERED IF THE COUNCIL DETERMINES TO MOVE THE APRIL, 1996 ELECTION TO NOVEMBER, 1995: 2. Resolutions calling for, requesting consolidation, and adopting regulations for Candidates' Statements for a Municipal Election, November 7, 1995: No Action was taken on this item I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - Request to have presentation and discussion at future Council meeting regarding City preparedness for emergencies and need for public involvement and participation in emergency responses. Staff to continue their work in this area and when complete, they are to schedule a study session. 2. Discussion regarding approved street tree list and policy regarding planting /replacement of street trees. Staff to reinforce current policy, and when the public requests to have trees removed for various reasons whether they would like to have it replaced with a larger tree for a small fee. Councilman Robbins - Reduction in business license fee late penalties. MOVED by Councilman Robbins to reduce the penalty for Business License Tax from 20% per month to 5% per month. MOTION DIED DUE TO LACK OF SECOND 2. Save money by hiring an in -house city attorney or putting city attorney contract up for competition for first time in more than ten years. Councilman Robbins gave a brief report on legal fees. He also announced that BW &S has made an offer to the City of El Segundo to reduce some of their legal rates for future legal costs. They have also agreed to some retroactive reductions in previous cost already incurred. They have also offered to pay the cost of the audit. He requested to carry this item over to a future next Council meeting. Councilman Switz - 1. It is proposed future council sessions be adjourned no later than 10:30 P.M., unless a motion is unanimously passed (5 -0) to extend the time. in the event of adjournment before agenda completion, a special meeting would be scheduled to complete the work, or carry the unfinished business forward to the next regularly scheduled meeting. MOVED by Councilman Switz to direct staff to prepare a resolution for adjourning council meetings at 10:30 p.m. MOTION DIED DUE TO LACK OF SECOND. 6 Mayor ProTem Weston - Pointed out that a new ambulance was approved for the Fire Department at a cost of approximately $122,000. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Two (2) individuals addressed Council 1. Nancy Cobb, Chamber of Commerce; thanked the Council for their action regarding the Business License Tax reduction. 2. Kelly Lennon, 140 Loma Vista, Member of the Tree Musketeers, thanked Councilwoman Friedkin for her item and stated what a valuable asset trees are to the community. MEMORIALS Michael McCarthy a long time resident CLOSED SESSION - NONE ADJOURNMENT at 10:28 P.M. to June 20, 1995 at 5:00 P.M. ,'q Cindy• Mo sen, Ply Clerk 7