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1997 JUL 01 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 1, 1997 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobs at 7:06 p.m. INVOCATION - given by Reverend Dr. Harvey R. Kemp, The United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - led by Mayor Pro Tern Wernick PRESENTATIONS 1. Proclamation declaring July as "PARKS AND RECREATION MONTH" and encourage the citizens of El Segundo to enjoy our parks and make use of its programs. Councilman Gordon presented the proclamation to Recreation and Parks Commission Chair, Bill Mc Caverty I:T614W4T140 Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilwoman Friedkin - Present Councilman Weston - Present Councilman Gordon - Present City Attorney Mark Hensley announced a settlement agreement, Donald L. Harrison vs City of El Segundo PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to cownunicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. TWO (2) individuals addressed the City Council. Dorothy Kent, 909 Dune; Spoke regarding the wireless towers proposed, and she requested Council ban all towers in the residential areas. 2. Captain Kristine Braswell, USAF, for the Los Angeles Air Force Base requesting the City to waive the City's insurance requirement for LAAFB's open house on Saturday, September 6, 1997 when it will close off a section of Douglas Street to facilitate parking for the event. MOVED by Councilman Weston SECONDED by Councilwoman Friedkin approve the requested to waive the City's insurance requirement for LAAFB's open house on Saturday, September 6, 1997 when it will close off a section of Douglas Street to facilitate parking for the event. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - Resolution Fixing and Establishing Water Rates and Charges (fiscal impact - $397,120.00 increase in water revenues). City Attorney Mark Hensley read the following: RESOLUTION NO. 4018 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 RESCINDING RESOLUTION NO. 3922 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to adopt Resolution no. 4018, fixing and establishing water rates and charges. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, AND COUNCILMAN GORDON. NOES: COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. 312 MOVED by Councilman Gordon to rebate the overcharge of $764,000 to all water customers. Motion died due to lack of second. 2. Public Hearing and consideration of a Resolution to amend Section 8.12.040 of the El Segundo Municipal Code to increase dog licensing fees and establish additional animal control fees. Fiscal impact: Estimated $19,500 in revenue. Mayor Jacobs stated this is the time and place hereto fixed for a public hearing and consideration of a Resolution to amend Section 8.12.040 of the El Segundo Municipal Code to increase dog licensing fees and establish additional animal control fees. She asked if proper notice had been done, and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been received. Council consensus to close the Public Hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 4019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING ANIMAL LICENSING FEES MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Resolution No. 4019, increasing dog licensing fees and establishing additional animal control fees. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3. Public Meeting and consideration of a Resolution amending an adopted schedule of fees to partially cover, but not to exceed, the cost of providing various library services. Fiscal impact: Estimated increase in revenue of $18,000 - $30,000. Mayor Jacobs stated this is the time and place hereto fixed for a public meeting for consideration of a Resolution amending an adopted schedule of fees to partially cover, but not to exceed, the cost of providing various library services. She asked if proper notice had been done, and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been received. 2 Council consensus to close the public meeting, and schedule July 15, 1997 for the public hearing. Councilwoman Friedkin requested the fees be increased for the Matsui room usage to $50.00 for residents and $100..00 for non residents. 4. Continued Public Hearing on FY 97/98 Operating Budget and Five Year Capital Improvement Plan and adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended. Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on Fiscal Year 1997/1998 Operating Budget and Five Year Capital Improvement Plan and adoption of resolutions approving Appropriations Limit, Preliminary Budget as amended, and capital Improvement Plan as amended. She asked if proper notice of the hearing was done in a timely manner, and if any written communications had been receive. Clerk Mortesen stated that proper notice was done and no written communications had been received. Council consensus to close the public hearing City Attorney Mark Hensley read the following : RESOLUTION NO. 4020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 1997/98 MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4020 approving an operating budget for fiscal year 1997/98. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley read the following : RESOLUTION NO 4021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 1997/98 MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4021 approving an appropriation limit for fiscal year 1997/98. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley read the following : RESOLUTION NO. 4022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 199712002 MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4022 approving a Capitol Improvement Program fiscal year 1997/98. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3 5. A. Continued Public Hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Sepulveda Boulevard Building Heights, 2) Drive- thrus, and 3) Residential Heights; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA- 405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments; Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Sepulveda Boulevard Building Heights, 2) Drive - thrus, 3) Residential Heights, and; and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments. She asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no new written communications had been received. Council consensus to continue the pubic hearing and schedule a workshop with the Planning Commission for August 4, 1997 at 6.30 P.M. B. Continued Public Hearing on proposed amendments to the Zoning Code to provide new regulations for Wireless Communication Facilities; and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -403 and Zone Text Amendment ZTA 96 -3. The General Plan Amendment associated with Wireless Communication Facilities was processed and approved with the first quarter General Plan Amendments /Zone Text Amendments (EA -405, GPA 97 -1, and ZTA 97 -1). Applicant: City of El Segundo. Mayor Jacobs stated that this is the time and place hereto fixed for a public hearing on proposed amendments to the General Plan and Zoning Code to provide new regulations for Wireless Communication Facilities; and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -403, General Plan Amendment GPA 97 -2, and Zone Text Amendment ZTA 96 -3 GPA 97 -2 will be processed with the first quarter General Plan Amendments /Zone Text Amendments (EA -405, GPA 97 -1, and ZTA 97 -1). Applicant: City of El Segundo. She asked if proper notice was done in a timely mannered and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been received. Council consensus to continue the pubic hearing and schedule a workshop with the Planning Commission for August 4, 1997 at 6:30 P.M. C. UNFINISHED BUSINESS 1. Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California amending section 5.40.020 to add definitions for massage and massage establishments, adding section 5.40.275 to El Segundo Municipal Code relating to off -site massages and repealing section 20.08.590 which defined massage establishments. City Attorney Mark Hensley read the following: ORDINANCE NO. 1273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 5.40.020 TO ADD DEFINITIONS FOR MASSAGE AND MASSAGE ESTABLISHMENTS, ADDING SECTION 5,40,275 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO OFF -SITE MASSAGES AND REPEALING SECTION 20.08.590 WHICH DEFINED MASSAGE ESTABLISHMENTS 4 MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to adopt Ordinance No. 1273 amending section 5.40.020 to add definitions for massage and massage establishments, adding section 5.40.275 to El Segundo Municipal Code relating to off -site massages and repealing section 20.08.590 which defined massage establishments. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, AND COUNCILMAN GORDON. NOES: COUNCILMAN WESTON AND COUNCILWOMAN FRIEDKIN. 3/2 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. Warrant Numbers 239398 - 239720 on Demand Register Summary Number 43 in total amount of $746,302.82, and Wire Transfers in the amount of $160,308.96. 2. Pulled for discussion by Councilman Weston 3. Pulled for discussion by Mayor Jacobs. 4. New Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer, wine, and liquor (Type 47- Retail On -Sale General Bona Fide Eating Place) at a new proposed McCormick & Schmick's restaurant at 2101 Rosecrans Avenue, in Continental Park. Applicant: McCormick & Schmick's SCP IX, Inc. Property Owner: Continental Development Corporation. 5. Pulled for discussion by Councilwoman Friedkin 6. Pulled for discussion by Councilwoman Friedkin. 7. Pulled for discussion by Councilwoman Friedkin. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin, to approve consent items numbers 1, and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of June 10, June 17 and June 19, 1997. Councilman Weston wished not to vote on this item due to his absence at the June 17, 1997 meeting. MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon. to approve the City Council meeting minutes of June 10, June 17 and June 19, 1997. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTENTION: COUNCILMAN WESTON 4/011 3. Adopt plans and specifications for 1996 -1997 Replacement of Water Lines - Project No. PW 96 -10 (estimated cost $585,000.00). Mayor Jacobs and Mayor ProTem Wernick did not participate due to a conflict of interest MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin. to Adopt plans and specifications for 1996 -1997 Replacement of Water Lines - Project No. PW 96 -10 (estimated cost $585,000.00). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING. MAYOR JACOBS, AND MAYOR PROTEM WERNICK. 3/012 Councilwoman Friedkin stated that she is not opposed to salary increases but she feels there is to much disparity between the groups and she would be voting no on the next three items. 5. Agreement No. 2414A, and Resolution No. 4023, providing for an addendum to the three year Memorandum of Understanding between the City Council and the El Segundo Supervisory and Professional Employees Association. Fiscal Impact: $36,477 total compensation cost. Funds are available in the City's 1997/98 Fiscal Year Operating Budget for the 3% salary increase. 6 Agreement No. 2521A and Resolution No. 4024, providing for an addendum to the three year Memorandum of Understanding between the City Council and the El Segundo General Employee's Association. Fiscal Impact: $171,588 total compensation cost. Funds are available in the City's 1997/98 Fiscal Year Operating Budget for the 3% salary increase. 7. Agreement No. 2520, and Resolution No. 4025, providing for three year Memorandum of Understanding between the City Council and the El Segundo Firefighter's Association. Fiscal Impact: $733,000 total compensation cost. Funds are available in the City's 1997/98 Fiscal Year Operating Budget for the first year 8% salary increase. MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon, to approve consent items numbers 5, 6, and 6. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES: COUNCILWOMAN FRIEDKIN. 411 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - Spoke regarding an Airport expansion meeting, and Hyperion problems that were discussed with Hyperion Management. Councilman Weston - Spoke regarding the COG meeting, and a survey of the City currently being taken by unknown persons, and suggested people beware of whom you are taking to. Councilwoman Friedkin - The City of El Segundo's participation in regional and subregional organizations. Explained all of the Cities participation in all the outside committees and the function of each committee. Announced she received an Environmental award from the Chamber of Commerce. Mayor Pro Tem Wemick - Spoke regarding Hyperion matters, also asked Staff to check into the DWP right of way land by Hyperion with an excess amount of weeds etc. 0 Mayor Jacobs - Announced that two El Segundo business were mentioned in a Magazine, On Point Technologies, and Justice Technology Corp. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so ident6, themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. No individuals addressed Council MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNED at 9:45 p.m. to July 2, 1997 at 7:00 p.m. ortese y Jerk 7