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1996 JAN 02 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 2, 1996 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7:00 p.m. PLEDGE OF ALLEGIANCE led by Councilwoman Friedkin. INVOCATION - NONE PRESENTATIONS - NONE ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilwoman Friedkin - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total - NONE A. B. PROCEDURAL MOTIONS 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. SPECIAL ORDERS OF BUSINESS - Presentation of measures to be submitted to the electorate to maintain current revenues and services in light of California Supreme Court decision regarding Proposition 62. Fiscal impact - maintain current revenues and services. City Manager Morrison stated there were some changes to Page 26 Section 3.06.030 Sub - section 3 remove the words located next to last line as follows: "increase in transient occupancy tax revenue ", and on Page 29 the paragraph immediately above Section 12 3rd and 4th line to remove "five" and replace with "ten" employees. Mayor Jacobson stated he and Mayor ProTem Weston visited several businesses to discuss this decision regarding Proposition 62 which came down from the California Supreme Court, and asked Mayor ProTem Weston to give a brief report on the results of those meetings. Mayor ProTem Weston stated he and the Mayor met with approximately fifteen major employers in the City, including one organization which was a combination of both resident and business representatives, and brought with them charts which spelled out the chronology in specific terms that most cities by 1986 already had a large amount of their tax base established. They presented a detailed description of those few options available to the City, and that the City had no real option other than to proceed with a ballot measure to validate with the voters the current business tax base, utility users tax, and the transient occupancy tax which were passed subsequent of 1986. Further stating for those individuals not acquainted with it, the Supreme Court decided to uphold Proposition 62, and El Segundo has always complied with it from the beginning of this initiative by a vote to validate the previous taxes when this measure was first passed in the two year time frame it has allowed. After the Appellate Covets threw it out as unconstitutional, abided then by those rulings and now with the change, the Council has been placed in a position to find what the best way would be to maintain the solvency and tax base of our City, the continuity and upswing in growth in jobs they have been able to bring into the City during the last two years, and to do this in a way that raises the proper revenue to maintain the high level of service presently available in the City without drastically changing it. He did not feel there was a great amount of El Segundo City Council Minutes January 2, 1996 - 7:00 p.m. adversity or animosity on behalf of the larger businesses in the City with regards to this tax, and they seemed to have the interest to see the continuity and consistency in the way that the City is run. Should this measure pass then the City could avoid any legal battles or difficulties relevant to how the City will comply with the recent Supreme Court decision. Mayor Jacobson felt the City was taking a pro - active stand in meeting with the businesses since they will be the ones affected since the City has not raised any residential taxes since 1986. The businesses understood after it was explained to them and felt that services the City provides was important to them, and keeping a consistency and continuity on how they were paid for was the proper thing to do. Councilman Robbins stated these resolutions and ordinances would allow the City Council in the future to lower taxes but not raise them; Mayor Jacobson responded that it allowed the City Council to suspend them. Councilman Robbins asked if they also meant that they would not have to go back to the voters and put it on a ballot; City Attorney Dolley responded that was correct if all of the resolutions and urgency ordinance is adopted this evening. City Manager Morrison stated another point of clarification before the Council tonight is to add a section to Section 33 to the first ordinance that it should include that additional section which states that all of the sections of Title 3 and Title 5 of the ESMC which are not contained in the ordinance will remain effective. Mayor ProTem Weston stated that there are two ballot measures, one which validates the tax that already exists and one to validate it for continuity in the future, and he wanted the public to know that the Council is not proposing any change in the tax they pay or any substantial way the businesses pay tax in the City. They are only validating so that the City is not vulnerable later, depending upon how the Supreme Court decision is interpreted as it relates to General Law City's, that the City is simply doing this for the protection of the City. Mayor Jacobson stated that the Council was doing basically what they did when Proposition 62 was passed by validating the previous and now are doing it again and in the future. These two measure will protect the City depending what the Supreme Court may decide in the future. City Attorney Dolley read resolution by title only: RESOLUTION NO. 3957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE ENACTMENT OF A BUSINESS LICENSE TAX, COMMERCIAL AND INDUSTRIAL UTILITY USERS TAX AND TRANSIENT OCCUPANCY TAX AND A QUESTION RELATING TO THE VALIDATION OF THE CITY'S PREVIOUS TAX STRUCTURE. City Attorney Dolley stated with those changes noted by City Manager Morrison, this resolution was ready for adoption by the City Council. MOVED by Councilman Robbins; SECONDED by Councilman Switz to adopt Resolution 3957 with changes which calls an election for April 9, 1996 at which the voters will be asked to approve or disapprove: a) An ordinance which approves from April 9, 1996 forward a Business License Tax, a Transient Occupancy Tax and a Commercial and Industrial Utility Users Tax at the same rates as are currently set forth in the El Segundo Municipal Code, and which deletes sections providing for transient occupancy tax credit agreements, and which reduces the transient occupancy tax from 10% to 8 %; b) An ordinance which validates and approves all ordinances enacted by the City Council related to a Business License Tax, a Transient Occupancy Tax and a Commercial and Industrial Utility Users Tax from the effective date of Proposition 62 through and including April 8, 1996, excepting ordinances or portions of ordinances which provide for Transient Occupancy Tax Credit 2 El Segundo City Council Minutes January 2, 1996 - 7:00 p.m. Agreements - (incorporates by reference City Council Resolution Number 3945 which requests the County Board of Supervisors to render election services, and Resolution Number 3950 which orders a canvass of the election). MOTION PASSED BY UNANIMOUS VOICE VOTE 510. Mayor Jacobson stated the next resolution was to set the priorities for filing of written arguments regarding city measures and the City Attorney's preparation of an impartial analysis. City Attorney Dolley read resolution by title only: RESOLUTION NO. 3958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. City Attorney Dolley stated that the City Council needs to decide under Section 1 on Page 58 of the agenda, Councilmembers who are authorized to file an argument in favor. Mayor Jacobson suggested that the motion on that include all five members of the Council. MOVED by Mayor ProTem Weston; SECONDED by Councilwoman Friedkin to adopt Resolution Number 3958 setting priorities for filing written arguments regarding and directing the City Attorney to prepare an impartial analysis. Also, to include that all five councilmembers be authorized to file an argument in favor. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. City Attorney Dolley stated that City Clerk Mortesen would be setting dates for the filing of the arguments and the City Attorney's analysis, and that would be distributed tomorrow. City Attorney Dolley read resolution by title only: RESOLUTION NO. 3959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. MOVED by Councilwoman Friedkin; SECONDED by Councilman Switz to adopt Resolution 3959 which provides for the filing of rebuttal arguments for City measures submitted at municipal elections. Also to include that all five members of the City Council be authorized to file. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. City Attorney Dolley read urgency ordinance by title only: URGENCY ORDINANCE NO. 1243 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE IN CONNECTION WITH THE CLAIMS PERIODS RELATING TO THE BUSINESS LICENSE TAX, TRANSIENT OCCUPANCY TAX AND THE COMMERCIAL AND INDUSTRIAL UTILITY USERS TAX AND RELATING TO TAX REDUCTIONS AND SUSPENSIONS. City Attorney Dolley stated this urgency ordinance could be adopted by a four - fifths vote by the City Council. MOVED by Councilman Switz; SECONDED by Councilwoman Friedkin to adopt Urgency Ordinance Number 1243 which will make the appeal procedures for the Business License Tax, the Commercial and Industrial Utility Users Tax and the Transient Occupancy Tax consistent with each other and with State law. The ordinance also provides authority for the City Council to suspend or reduce 3 El Segundo City Council Minutes January 2, 1996 - 7:00 p.m. these taxes in the future (the contents of this ordinance will also be included in both of the ordinances to be submitted to the voters). MOTION PASSED BY UNANIMOUS VOICE VOTE 510. Mayor Jacobson asked that the City Manager and City Attorney prepare informational material which factually explains the current local tax structure and its effects, and explains the measures that will be on the ballot. City Attorney Dolley stated that this could be prepared and made available to the public at the pleasure of the City Council; no objections by any members of the City Council. C. UNFINISHED BUSINESS - NONE 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. 1. Warrant Numbers 227438 - 227648 on Demand Register Summary Number 25 in total amount of $434,111.76. Approved Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2. Warrant Numbers 227648 - 227761 on Demand Register Summary Number 26 in total amount of $85,273.80, and Wire Transfers in the amount of $137,232.23. Approved Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 12/16/95 to 12/22195. 3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 4. A Resolution of the City Council of the City of El Segundo, California establishing a revised salary range for the at -will job classification of Director of Finance. Fiscal Impact: The position is currently vacant. The annualized increase in total compensation (including estimated fringe benefits), based on a comparison of the "E° step of the current and proposed salary range is $6443. Adopted Resolution 3960. MOVED by Councilman Switz; SECONDED by Councilwoman Friedkin to approve Consent Agenda Item Numbers 1, 2 and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 3. City Council meeting minutes of December 19, 1995. Councilman Robbins requested to hold the minutes over to the January 16, 1996. Council consensus to hold over to City Council meeting of January 16, 1996. F. NEW BUSINESS - CITY MANAGER - NONE 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 Councilwoman Friedkin announced there was a public workshop regarding the LAX Master Plan scheduled for January 18, 1996 from 7:00 -9:00 p.m. at the Hacienda Hotel. Also, a memo from Harvey Holden is suggesting that as many residents as possible attend this workshop in order to demonstrate the community's concerns about the airport issues, particularly the future impact of the airport on the City because there will be a great deal of expansion at the airport in the future. In addition, there will be another meeting on January 17, 1996 at the Airport Marina Hotel on Lincoln Boulevard in Westchester, and a 4 El Segundo City Council Minutes January 2, 1996 - 7:00 p.m. third meeting on Tuesday, January 23, 1996 also from 7:00 -9:00 p.m. at the Inglewood City Hall. Also, this Thursday, January 4, 1996 there will be a Solid Waste Task Force meeting in Stanton. Mayor Jacobson stated it would be appreciated if as many residents as possible attend this workshop to show the community's support in trying to get some controls and get our residential sound insulation program going. Councilman Switz questioned whether the City would be attempting to put together an organized presentation; Councilwoman Friedkin stated she only received this information today and would be speaking with Harvey Holden about it; Mayor Jacobson stated the City would have a written response to the Master Plan, and that this workshop was just to show community support. Councilman Robbins stated there was an error in the El Segundo Herald article which misquoted Mayor ProTem Weston as stating the nomination period for the April 9, 1996 election was closed, when he actually stated that the period was open. He asked when the actual filing deadline was; City Clerk Mortesen responded the nomination period ends at 5:00 p.m. on January 12, 1996, and would only be extended if an incumbent for that particular office did not file by that deadline which would then extend the filing period to 5:00 p.m. on January 17, 1996. Councilman Robbins stated City Councilmembers are compensated $459.00 per month, and the City Cleric and City Treasurer are compensated $930.00 per month; in addition there was a medical insurance package valued at $600.00 per month which includes medical, dental, and vision care coverage. Councilman Switz announced he would not be a candidate in the upcoming April 9, 1996 election. Mayor Pro Tern Weston questioned whether the notice to be published this week in the Herald includes what it takes to qualify and what the compensation is; City Clerk Mortesen responded it did not and only states that nominations are now open for City Council, City Clerk, and City Treasurer which also includes a phone number, but that she could expand on this notice for the January 11, 1996 edition. Mayor ProTem Weston stated he wanted to ensure that there was competitive seats and a lot of qualified candidates for those offices. Councilwoman Friedkin asked whether the notice will also include the two filing dates; City Clerk Mortesen stated since Councilman Switz announced he would not be a candidate in this election, that the notice would include both dates. Councilman Robbins asked since the City Clerk and City Treasurer are running as incumbents, would the filing date for those two offices be extended; City Clerk Mortesen responded the filing date would not be extended. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) One individual addressed the City Council. J. Wilson, resident asked that all Council meetings and deliberations, and residents and visitors to the City be blessed to give it wisdom, guidance, and the best possible outcome for us all. MEMORIALS Mayor Jacobson adjourned the meeting in memory of Jim McGoldrick who passed away last week. CLOSED SESSION NONE ADJOURNED at 7:35 p.m. to January 10, 1996 at 7:00 p.m. ora reeman, Deputy City Clerk 5 El Segundo City Council Minutes January 2, 1996 - 7:00 p.m.