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1995 MAR 21 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:05 P.M. INVOCATION - Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE - Councilwoman Friedkin PRESENTATIONS - 1. Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions: Victoria Dante - Administrative Secretary/Planning & Building Safety Department Susan McIlroy - Office Specialist II/Economic Development Department Hyrum Fedje, Director of Planning & Building Safety introduced Victoria Dante, and Jim Hansen, Economic Development introduced Susan McIlroy. 2. Presentation by the American Cancer Society honoring the City of El Segundo and the El Segundo Chamber of Commerce for their efforts and support of Daffodil Days held on March 20, 1995 Bob Cone, Chairman of the Daffodil Program, of the American Cancer Society made a brief presentation to Mayor Jacobson, and Nancy Cobb of the Chamber of Commerce.. 3. Proclamation declaring the week of March 19 -25 as Poison Prevention Week in the City of El Segundo and urging the importance of blood lead tests. Fire Chief Jake Nielson of the El Segundo Fire Department received the Proclamation from Councilman Robbins. 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)Nine (9) individuals addressed Council 1. Dorothy Kent, 909 Dune, Thanked Council for the progress on the landscaping at Hyperion, and requested the overflights be published on cable and/or the newspaper. 2. Wendy Jones, 321 E. Sycamore, requested Councilman Robbins items be brought forward on the agenda. She further expressed her concern with the partial scramble on the adult channels.She stated that the childen of El segundo need to be protected from this type of programing. Mayor Jacobson stated that Paragon would put a trap on any cable free of charge. Councilman Robbins stated that he agendized this item not only to inform the public, but also to take action on it, because parents have a right to not have their children exposed to all kinds of X -rated broadcasts. The present default condition is that children can view unscrambled video and hear unscrambled audio on cable TV. This is totally unacceptable unless the parents or a responsible adult in the house hold specifically requests this type of service. 3. Ted Dickton, 648 W. Walnut, agreed with the censoring of the adult channels. 1 4 Discussion by Lori Duston, and Hugh Greenup, Kilroy Industries, and Don Camph of the El Segundo Employers Association. of City support for the proposed El Segundo Del Norte Station and funding of the project with request that Council approve a Memorandum of Understanding between the WA and City for preliminary design of the Station. Mayor Jacobson, and Councilman Robbins, left the dais, and did not participate on this item. MOVED by Councilman Switz to not provide the $35,000 portion and to review the MOU and make a decision at the next meeting. MOTION WITHDRAWN 5. Liz Gamholtz, resident; does not want any government monies used as an experiment. 6. Nancy Cobb, Chamber of Commerce; urged the Council to support the station and feels it will attract business. 7. Resident, questioned if there would be enough jobs to support an extra station. Mayor Jacobson and Councilman Robbins rejoined the discussion 8. Bill Campbell, McCarthy Ct. spoke regarding the schools request for a longer speaking period and expressed his concerns with granting the full 30 minuet speaking period. 9. J. Wilson Resident, asked if we have statistics on the proposed ridership for the green line. Kilroy discussion continued. Mayor Jacobson, and Councilman Robbins, left the dais and did not participate. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to not endorse the MOU. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES; COUNCILMAN SWIZZ, AND COUNCILWOMAN FRIEDIHNN NOES: MAYOR PROTEM WESTON, NOT-PARTICIPATING; MAYOR JACOBSON, AND COUNCILMAN ROBBINS 2/1/2 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 5/0 COUNCILMAN ROBBINS ITEM #1 TAKEN OUT OF ORDER 1. Unscrambled Cable Television Broadcasts of Adult Entertainment. Councilman Robbins stated that all appropriate steps should be taken to inform parents and new subscribers about this problem until this problem is resolved; that the only acceptable solution is that the default condition be changed so that all adult entertainment, both audio and video, is scrambled or blocked so it does not come into a home unless a responsible adult in that home specifically requests that it be made available; and that the city should determine if that is an achievable solution, if Paragon will cooperate with the city, and if not, what are the city's legal options. Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints; and to bring this item back to Council, if necessary, to look into the City's legal options. CONSENT AGENDA TAKEN OUT OF ORDER 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. City Attorney Lee Dolley stated that Councilman Robbins has a possible conflict of interest on item number 10, and should not participate. 1. Warrant Numbers 217655- 217814 on Demand Register Summary Number 34 in total amount of $10,245,283.27. 2. Warrant Numbers 217815- 217997 on Demand Register Summary Number 35 in total amount of $833,768.73, and Wire Transfers in the amount of $137,436.62. 3. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4. Presentation of the City's Annual Financial Reports on the Proposition A Local Return Fund, the Proposition C Local Return Fund, and the Transportation Development Act Fund, for the fiscal years ended June 30, 1993 and 1994. 5. Request from El Segundo Cub Scouts for Approval of Annual Soap Box Derby, July 22, 1995, for Youth Organizations. Fiscal Impact $315.00. 6. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 7. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8. Approve Bingo License Application for the charitable organization, El Segundo Auxiliary of Children's Hospital to be held at Joslyn Center - Recreation Park on Thursday, March 30, 1995. 9. Submittal of a grant application for the California State Library's program "Poets in Person." Fiscal Impact - $1,050 in revenues, expenses - $1,050. 10. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 11. Resolution No. 3914, modifying parking restrictions on Maple Avenue, west of Hillcrest Street. 12. Authorization to solicit bids for lease of FY 1995 -96 Groundwater Pumping Rights in West Coast Basin. 13. Metropolitan Transportation Authority (MTA) Fiscal Years 1995 -96 through 1998 -99 Transportation Program call for project grant applications. MOVED by Councilman Swtiz SECONDED by Councilwoman Friedkin to approve Consent Agenda items 1, 2, 4, 5, 8, 9, 11, 12, and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B. SPECIAL ORDERS OF BUSINESS - 1. Continued Public Hearing - Consideration of a Resolution to rescind Resolution No. 3589, and amendments thereto dated January 5, 1993, in their entirety; and establishing a new Library Services Department Schedule of Fines and Fees, effective April 1, 1995. Mayor Jacobson stated this is the time and place hereto fixed for a continued public hearing on the consideration of a resolution to increase fines and fees for services at the El Segundo Public Library. He asked if proper notice of the hearing was done, and if any written communications had been received. Clerk Mortesen, stated the notice was done by the City Clerk's Department, and no written communications had been received regarding this matter. 3 No individuals addressed Council MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 City Attorney Lee Dolley read the following: RESOLUTION NO 3911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RESCINDING RESOLUTION 3589, AND AMENDMENT THERETO DATED JANUARY 5, 1993, IN THEIR ENTIRETY; AND ESTABLISHING A NEW LIBRARY SERVICES DEPARTMENT SCHEDULE OF FINES AND FEES, EFFECTIVE APRIL 1, 1995. Councilman Robbins stated that even though the amount of fee increases have been reduced, he intends to vote no on principle, because he does not believe in raising fees unless absolutely necessary. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to adopt Resolution No. 3911 rebinding Resolution No 3589, and amendments thereto dated January 5, 1993, in their entirety; and establishing a new library Services Department Schedule of Fines and Fees. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWIZZ, AND COUNCILWOMAN FRIEDE IN. NOES: COUNCILMAN ROBBINS 4/1 2. An Ordinance of the City of El Segundo, California, adopting the Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III -C, III -D, IV -A, V- A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1 -11; repealing in its entirety Chapter 17.04 of, and adding Chapter 17.04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code. Mayor Jacobson stated this is the time and place hereto fixed for a Public Hearing on the adoption of he Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III-C, III-D, IV -A, V -A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1 -11; repealing in its entirety Chapter 17.04 of, and adding Chapter 17.04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code. He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that Public Hearing notice was done by the Planning & Building Safety Department, and no written communications had been received regarding this matter. 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. 1236 AN ORDINANCE OR THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, INCLUDING APPENDICES I A, I C, II -B, III -A, III B, III -C, III D, TV -A, V -A, VI-A, AND VI B THEREOF; ADOPTING THE NATIONAL FIRE CODES, 1992 EDITION VOLUMES 1 -11; REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING CHAPTER 17.04 TO, THE EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO THE FIRE CODE. MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to adopt Ordinance No.1236, the Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III- C, III-D, IV -A, V -A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1- 11; repealing in its entirety Chapter 17.04 of, and adding Chapter 17.04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 4 3. Public Hearing regarding changes in Sewer Use Fees and modifications to the City of El Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act. Mayor Jacobson stated this is the time and place hereto fixed for a Public Hearing regarding changes in Sewer Use Fees and modifications to the City of El Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act. He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen, stated that notice was done by the Public Works Department and no written communications had been received regarding this matter. 1. Annette Latshaw, resident questioned if all discounts to senior citizens were being deleted. City Manager Jim Morrison stated that it is mandated by federal law that charges are by flow and that exemptions are not allowed. Mayor Jacobson stated there still is an allowance for low income people who qualify, which may include many senior citizens. 2. Nicky Wislocky, resident. Requested if the El Segundo Schools will now be charged Sewer Fees. City Attorney stated they will have to pay the fees. 3. Ted Dickton, resident requested clarification on certain points. MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Lee Dolley read the following ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING SECTIONS 7.20.130 AND 7.28.080 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PUBLIC SEWER FACILITIES REGULATION Councilman Robbins asked for verification that the ordinance does not raise sewer rates for residents other than for senior citizens who do not qualify as low - income households. Councilman Robbins Introduced the Ordinance City Attorney Lee Dolley read the following: RESOLUTION NO. 3912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING RESOLUTION 3448 RELATING TO SEWER USE FEES MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to adopt Resolution No. 3912 amending Resolution No. 3448 relating to sewer use fees. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 C. UNFINISHED BUSINESS - Mayor Jacobson and Councilman Robbins left the dais and did not participate on this item due to a possible conflict of interest. Adoption of a resolution consistent with Council direction of February 7, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -349 and Conditional Use Permit 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N. Nash Street. 5 City Attorney Lee Dolley read the following: RESOLUTION NO. 3913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING ENVIRONMENTAL ASSESSMENT EA -349 AND CONDITIONAL USE PERMIT 94 -4 TO ALLOW A POTENTIAL AIR FREIGHT FORWARDING FACILITY IN AN EXISTING WAREHOUSE/OFFICE BUILDING LOCATED AT 605 -607 N. NASH STREET. PETITIONED BY: KATLIN FEUERSTEIN, CARING COMMUNITIES ASSOCIATES. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to adopt Resolution No. 3913 consistent with Council direction of February 7, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -349 and Conditional Use Permit 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N. Nash Street. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES; MAYOR PROTEM WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTAINING: COUNCILMAN SWTIZ. NOT-PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 2/0/1/2 Mayor Jacobson and Councilman Robbins returned to the dias. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING CALL ITEMS FROM CONSENT AGENDA 3. City Council meeting minutes of March 7, 1995. MOVED by Councilman Robbins SECONDED by Councilman Switz to approve the City Council meeting minutes of March 7, 1995, with the addition of "Avenue" added to page three after Imperial. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 6. Request from Los Ninos for Approval of Walk -A -Thou through El Segundo on June 19, 1995. Fiscal Impact - $0. MOVED by Councilman Robbins SECONDED by Councilman Switz to approve of the Los Ninos Walk- A -Thon, with the direction that all residents effected be informed, and the City Manager to discuss with the group a possible alternative route. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 7. Request for an extension of an Agreement No. 2157 C, Affecting Real Property with Wyle Laboratories to allow the continued deferment of required parking, for 111 Maryland Street, on land that is used as a park, at 220 Maryland Street. Request for an amendment to waive the required $35,000 Certificate of Deposit, as previously approved in 1992. MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to approve the Request for an extension of an Agreement No. 2157 C, Affecting Real Property with Wyle Laboratories to allow the continued deferment of required parking, for 111 Maryland Street, on land that is used as a park, at 220 Maryland Street. Request for an amendment to waive the required $35,000 Certificate of Deposit, as previously approved in 1992. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 10. Adopt Plans and Specifications No. PW 94 -14 for the 1994 -95 Slurry Seal of Various Residential Streets (estimated cost - $75,000). Councilman Robbins not participating on this item. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to Adopt Plans and Specifications No. PW 94 -14 for the 1994 -95 Slurry Seal of Various Residential Streets (estimated cost - $75,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, COUNCILWOMAN FRIEDKIN. NOES; NONE. NOT-PARTICIPATING; COUNCILMAN ROBBINS 4/0/1 6 F. NEW BUSINESS - CITY MANAGER G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - CITY TREASURER - NONE a NEW BUSINESS AND REPORTS - CITY COUNCH.MEMBERS Councilwoman Fiiedldn - Formation of a new Joint Powers Authority, the South Bay Cities Council of Governments, to facilitate projects of subregional interest. Councilman Robbins stated his concern that this Joint Powers Authority puts El Segundo and other cities on the road to regional government. Although it does not have the authority to enforce its decisions on any individual city, it does have the authority to lobby the state and federal governments for legislation to enforce its decisions and policies, and it can lobby on our behalf even if we voted against a specific policy. He further stated that there is no limitation in scope, such as traffic issues and interfacing SCAG. City Attorney Lee Dolley read the following: RESOLUTION NO. 3915 A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THAT CERTAIN JOIN POWERS AGREEMENT ESTABLISHING A 'SOUTH BAY CITIES COUNCIL OF GOVERNMENTS," AND APPROVING BYLAWS FOR THE SAME MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to adopt Resolution No. 3915 a formation of a new Joint Powers Authority, the South Bay Cities Council of Governments, to facilitate projects of subregional interest MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTTZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS 4/1 Councilman Robbins - Unscrambled Cable Television Broadcasts of Adult Entertainment. ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 2. Implementation of City -wide CPR training and certification program. Item held over to the April 4, 1995 meeting Councilman Switz - Discussed actions on the Planning Commission, Request to agendize Airport Noise matter. Mayor ProTem Weston - Discussed Roberts Rules of Order Mayor Jacobson - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION Mayor ProTem Weston stated that a majority of the Council voted to provide to the public certain portions of the document that has been provided by Examen regarding their audit of the City Attorney's Firm. He further stated that this document is raw material only. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 1. Nikki Wislocky, resident, spoke regarding Planning Commissioners and Councilmembers speaking from the podium. She asked if a Councilmember appeals a decision can he participate on the appeal without a conflict. 7 2. J. Wilson, resident; spoke regarding Robert Rules of Order; Hyperion Committee; and thanked staff for the copies of library fines and fees. 3. Annette Latshaw, resident; request to agendize for the April 4, 1995 meeting, restrictions on the number of licenses to dispense alcohol on Sepulveda Blvd. Mayor Jacobson requested she make this request in writing. RECESS 9:25 PM RECONVENE 9:35 PM PRESENT: MAYOR PROTEM WESTON, COUNCILMAN SWITZ AND COUNCILWOMAN FRIEDKIN Mayor Jacobson and Councilman Robbins did not participate. 1. Lori Duston, and Hugh Greenup of Kilroy again addressed Council regarding the Del Norte Station. Ms. Duston gave Council two more alternatives, and requested that they could return at the April 4, 1995 meeting. Mayor Jacobson and Councilman Robbins returned to the dias. MEMORIALS - NONE CLOSED SESSION at 9:40 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., March 21, 1995 under "Closed Session" (if needed). ADJOURNMENT at 10:56 P.M. to April 4, 1995 at 5:00 P.M. C ndy Mo a en, City Clerk 8