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1995 JUNE 06 CC PACKET-1AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In comp Lance wfth the Aniencans min Disabilities it you need special assistance to participate in Us tneedng, please contact ac Alton, 322 -3769 Notification 48 hours pnor to the meamg will enable the City to make m nable armgarmts to ensure accessibility to ttus meeting AGENDA ADJOURNED REGULAR MEETING OF TIM EL SEGUNDO CITY COUNCIL June 6, 1995 - 5:00 P.M PUBLIC COMMUNICATIONS - (Related to (Sty Business Only) - 5 minute limit per person, 30 minute limit total) CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, -1 aQ) 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) J. Morrison - South East Comer Sepulveda and El Segundo Boulevard CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956.9(a)) 1 City of Los Angeles v City of El Segundo, Case No BC 034185 2 El Segundo v Stephen S. Rocco, d/b /a/ Big Brother, et al, Case No. YC 19865 3. Chaffin v. City of El Segundo, USDC Case No CV94 4444AWT(BQRx) 4 Harrison vs City of El Segundo et al, USDC Case No CV94- 8264DT (BQRx) 5 Summerfield tax litigation, Case No BC 106640 6 Vivian v. City of El Segundo, Case No BC 122791 1 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the Jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Jack Hilton, 322 -3769. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NNE 6, 1995 - 7:00 P.M. Next Resolution # 3921 Next Ordinance # 1238 CALL TO ORDER 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 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 ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) A. PROCEDURAL MOTIONS 1 Consideration of a motion to read all ordinances and resolutions on this Agenda by Recommendation - Approval. 11 B. SPECIAL ORDERS OF BUSINESS - 1 Public hearing to discuss FY 1995/96 Preliminary Budget and Five -Year Capital Recommendation - Direct Staff to: (a) make appropriate modifications to the FY 1995/96 operating and FY 1996/2000 capital improvement budgets based upon the June 3, 1995 woriishop, public hearing and resulting Council direction; (b) continue public hearing to June 20, 1995; and (c) schedule budgets for adoption at the June 20, 1995 meeting. 2 Public Hearing concerning the abatement of weeds as identified in the Resolution of Intention adopted by the City Council on May 16, 1995 Recommendation - No action required. 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 Recommendation - Consideration/Discussion of alternatives. Depending on decision: - Take no action (if current election date of April 9, 1996 is maintained); or - Introduction of Ordinance to modify election date as determined by City Council. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1 Request for City Council to review current recruitment status of committees /commissions boards ( "CCBs ") Recommendation - 1) Continue extension of term of office on the various CCBs that have expired; 2) Extend the Notice of Vacancy filing deadline to 5:00 p.m., Friday, June 30, 1995 for those CCBs with fewer than three applicants per vacancy; 3) Reappoint Incumbent Sue Carter to Metmpoitan Cooperative Library Systems Advisory Board; and 4) Set interview date(s) for CCBs with the requisite number of applicants. 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 222116-2223 11 on Demand Register Summary Number 45 in total amount of $888.006 71 Recommendation - Approve 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 222312- 222478 on Demand Register Summary Number 46 in total amount of $225.004 19 Recommendation - Approve Wan-ant 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. 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 Recommendation - Approve 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 05/06/95 to 05/26/95. 111 City Council meeting minutes of March 21, April 4, April 18, May 2 and May 16, Recommendation - Approval. Agreement with Lance, Soll & Lunghard for a compliance audit of transient occupancy tax (TOT) revenues for the fiscal year ended June 30, 1995 ($4,000) Recommendation - 1) Approve agreement. 2) Authorize the Mayor to execute the agreement on behalf of the City of El Segundo. 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) Recommendation - Mayor to execute the GSA on behalf of the City. 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 Recommendation - Accept the bid from Wheeled Coach and authorize purchase. 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 Recommendation - Award to the highest bidder, Texaco Refining & Marketing, Inc., the lease of FY 1995/96 water rights for the amount of $200,130.00. 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 proiect Recommendation - 1) Approve project funding. 2) Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. 3) Read Resolution by title only. 4) Adopt the Resolution. 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) Recommendation - 1) Approve agreement. 2) Authorize the Mayor to execute the agreement on behalf of the City. 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 Recommendation - 1) Adopt Plans and Specifications. 2) Authorize Staff to advertise for bids. 12 City Hall Heating, Ventilating and Air Conditioning (HVAC) Improvements Project No PW 93 -14 (Final Contract Amount $346,565 40) Recommendation - 1) Approve Change Order No. 2 in the amount of $747.65. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineers Notice of Completion in the County Recorders Office. 1W 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) Recommendation - 1) Authorize the appropriation of an additional $15,000 from unallocated gas tax revenues. 2) Adopt Plans and Specifications. 3) Authorize Staff to advertise the project for receipt of construction bids. 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) Recommendation - 1) Approve agreement 2) Authorize the Mayor to execute the agreement on behalf of the City. 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 Recommendation - Accept donation. 16 Request Council approval to provide training for one Guaymas police officer and one Guaymas firefighter for a period of approximately three weeks Recommendation - Approve participation with the El Segundo Sister City Association in providing public safety training to one Guaymas police officer and one firefighter, from approximately July 10th to July 30th, 1995. 17 Proposed contract renewal with the Los Angeles Southem 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 Recommendation - Approve contract CALL ITEMS FROM CONSENT AGENDA 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 Recommendation - Council to determine how the City should use the donation and acknowledge the contribution. 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 Recommendation - 1) Discussion. 2) Read by title only. 3) Adopt Resolution. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - Resolution establishing a policy regarding the retention of audiotaped records of City Council Meetings Recommendation - a) Discussion b) Read by titre only C) Adopt resolution. r1 007 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 1) New Resolution calling and giving notice of the holding of a General Municipal Election 2) New Resolution requesting consolidation with the County of Los Angeles for a Municipal Election, November 7, 1995 New Resolution adopting regulations for Candidates' Statements Recommendation - 1) Discussion 2) Read Resolutions by title only 3) Adopt Resolutions. L NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedldn - 1 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 Recommendation - Direct Staff to schedule presentation. 2 Discussion regarding approved street tree list and policy regarding planting/replacement of street trees Recommendation - Discussion, direction to Staff and possible action. Councilman Robbins - 1 Reduction in business license fee late Denalties Recommendation - (1) Discussion and possible action relating to reducing the business license fee late penalties from the present twenty percent per month penalty specified in E.S.M.C. 5.04.220. 2 Save money by hiring an in -house city attorney or putting city attorney contract uD for comDetition for first time in more than ten vears Recommendation - (1) Councilman Robbins to give an oral report; (2) Discussion and possible action relating to the cost savings of hiring an in -house City Attorney or putting the City Attorney contract up for competition for the first time in more than ten years: (a) Hire an in -house City Attorney to handle routine legal business, contract out specialized legal services to the best law firm at the best price, and audit legal bills; or (b) Put the legal services contract up for competition. 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 Recommendation - Discussion, direction to Staff and possible action. Mayor Pro Tem Weston - NONE Mayor Jacobson - NONE 5 A✓ 008 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seMc) 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, June 6, 1995 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE CL3 / TIME 01 NAME 1� 11' CITY COUNCIL PACKET JUNE 61 1995 Mayor Carl Jacobson (2) Mayor ProTem Liam Weston (1) Councilman Michael Robbins (3) Councilman Richard Switz (1) Councilwoman Jane Friedkin (1) Susan Schofield Cindy Mortesen James Morrison Marlene Baker James Hansen Leland Dolley Julia Abreu Bob Hyland Steve Klotzsche Donna Kreter Hyrum Fedje Laurie Jester Eduard Schroder Barbara Pearson Jim Fauk Tim Grimmond Jake Nielson FIRE STATION #2 El Segundo Herald Daily Breeze Los Angeles Times Chamber of Commerce Public Copy Public Copy City Treasurer - City Clerk - City Manager - Executive Assistant To City Manager - Director of Economic Development - City Attorney - Legal Assistant /Council Assistant - Director of Human Resources /Risk Management - Director of Finance - Assistant Director of Finance - Director of Planning and Building Safety - Senior Planner - Director of Public Works - Director of Library - Director of Recreation and Parks - Police Chief - Fire Chief Mr. Brian McCullough Hughes Aircraft Company Cl/C129 P.O. Box 80028 Los Angeles, CA 90080 -0028 City Library Reference Desk City Clerk's Office 11• �4 1 • El Segundo Unified School District Dr. William Manahan 640 Sheldon Street El Segundo, CA 90245 CITY OF EL SEGUNDO MEMORANDUM DATE: June 5, 1995 TO: Honorable Mayor and Members of the City Council James W Morrison, City Manager FROM: Julia O. Abreu, Legal/Council Assistant SUBJECT': Amended Report of Comrmttees/Commissions/Boards The June 6, 1995 City Council Agenda item under Committees, Comimssions & Boards is amended to reflect ALL applications received prior to the May 31, 1995 deadline, plus application received on June 1st to the Wall of Honor Committee Please replace this amended agenda item in your packet LCDjoa TO THE EL SEGUNDO CITY COUNCIL MEETING DATE: JUNE 6, 1995 AGENDA ITEM STATE = - AMENDED AGENDA HEADING: COMMITTEES Agenda Description: Request for City Council to review current recruitment status of committees /commissions /boards ( "CCBs "). -------------- Recommended Council action: 1) Continue extension of term of office on the various CCBs that have expired; 2) Extend the Notice of Vacancy filing deadline to 5:00 pm, Friday, June 30, 1995 for those CCBs with fewer than three applicants per vacancy; 3) Reappoint Incumbent Sue Carter to Metropolitan Cooperative Library Systems Advisory Board; and 4) Set interview date(s) for CCBs with the requisite number of applicants. ------------------------ ------------------------ Brief Summary: CC1MMISSIONS /CaMMITTEES /BOARDS # OF VACANCIES TERM EXPIRES Economic Development Advisory Council one(1R)* none Investment Advisory Committee one 6/30/95 Library Board of Trustees two 6/30/95 Metropolitan Cooperative Library Systems Advisory Board one 6/30/95 Planning Commission one 6/30/95 Recreation & Parks Commission one 5/30/95 Senior Citizen Housing Corporation Board two one(1R)* 6/30/95 6/30/97 Wall of Honor Committee two(1R)* 7/30/95 NOTE: ( *) R= position vacated due to resignation City Council, at its meeting on May 2, 1995, 1) extended the term of office on the various CCBs that had expired; 2) directed staff to proceed to prepare a special public interest program for recruitment to be aired on cable t v.; 3) directed staff to re- advertise the vacancies in the Herald and cable t v ; and 4) extended the filing deadline to 5:00 pm, Wednesday, May 31, 1995. A special public interest cable t.v. program will be filmed. Scheduling does not permit the airing of same prior to the May 31st filing deadline for the current vacancies. The vacancies were re- advertised on the cable t.v. bulletin board. The following schedule reflects the number of applicants to the various CCBs as of 10:00 am, Tuesday, May 30, 1995 Applications submitted after this report and by the 5:00 pm, May 31, 1995 filing deadline, will be reported to Council prior to your scheduled June 6th meeting. The Metropolitan Cooperative Library Systems Advisory Board only requires one delegate. Incumbent Sue Carter has again volunteered to this post. SCHEDULE OF APPLICANTS May 31, 1995 Library Board of Trustees Gerry Preciado 322 -7308 Incumbent Charles L. Pulci 322 -5405 Metropolitan Cooperative Library System Advisory Board Sue Carter 640 -8923 Incumbent n NabVam \wftM agd Recreation & Parks Ccsmissicn Gerry Preciado 322 -7308 Incumbent Margie Randall 322 -4711 Incumbent Antonio Juan Mendez 640 -0497 Investment Advisory Committee Keith Alan Covington 414 -8401 Incumbent Kirk Jon Walske 475 -4740 Antonio Juan Mendez 640 -0497 Wall of Honor Committee Rita Chute 640 -0923 Incumbent Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Senior Citizen Housing Corporation NONE 322 -6271 Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Economic Development Ccamdttee Steven Jonn Edlefsen 322 -6271 Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Richard Evan Patterson 364 -2250 Incumbent Gerry Preciado 322 -7308 Planning Ccmmmission Michael Carl Rotolo 322 -5045 Nancy L. Cobb 322 -5662 Constanza Pallini 322 -8235 M. Stacey Palmer 640 -9516 Incumbent Connie Mukai Saldin 322 -2296 Gerry Preciado 322 -7308 Richard Evan Patterson 364 -2250 Attached Supporting Documents And Who Prepared Them: none==== =_____ Fiscal Impact: ====== N/A _____________ _______________________________ Originator: Date: May 30, 1995 Julia O. Abreu, Council Assistant James W. Morrison, City Manager n \=MVam \mdwd agd PROCLAMATION WHEREAS, two hundred years ago volunteers played a unique role in the founding of our country and in the drafting of our Constitution, and volunteers have continued to be involved through the years in every aspect of the building of our country; and WHEREAS, today, over 89 million outstanding citizens, from every age group, from youth to senior citizens, and from every walk of life, give selflessly of themselves to others through volunteer work, thus exemplifying the spirit of caring and compassion for others which is a vital part of our national character, and WHEREAS, we are facing an era of changing priorities on the national, state and local levels in which resalt+rces are becoming more scarce in the face of growing and changing needs; entl t.. WHEREAS, thousand of hours have been donated to the City of El Segundo by approximately 300 individuals and corporate volunteers during the City's fiscal 1994/1995 year and WHEREAS, it is fitting for all citizens to take pride in our volunteer heritage and to give special recognition to the volunteers and volunteer programs in our community. NOW, THEREFORE, the City Council of El Segundo does hereby proclaim June 10, 1995, as VOLUNTEER RECOGNITION DAY in El Segundo, acknowledges all the volunteers who enable the City to continually provide quality services to the community, and invites its Volunteers to a picnic to celebrate "Salute to Volunteers" from 11:30 am to 2:30 pm on June 10th at Chevron Park, in their honor. Dated this 6th day of June, 1995 Carl Jacobson, Mayor Liam Weston, Mayor Pro Tom Michael D. Robbins, Councilman Richard J. Switz, Councilman Jane Friedkin, Councilwoman pl0 Proclamation WHEREAS, Fire Engineer John Gutierrez has been employed by the City of El Segundo Fire Department for over eighteen years, and WHEREAS, Fire Engineer John Gutierrez has been a positive influence in the Department and "off duty" with Pop Warner Football, Youth Basketball, and the American Youth Soccer Organization in the Cities of Torrance and Redondo Beach, and WHEREAS, Fire Engineer John Gutierrez has been involved with the youth of his community for over fifteen years through, not only coaching, but also being actively involved with youth sports on an administrative and committee level, and WHEREAS, Fire Engineer John Gutierrez received the City of Torrance 1992 Man of the Year" and Anza Elementary School's award for his service to the youth of the community, and WHEREAS, The Community Protectors Award recognizes Firefighters and Paramedics in Los Angeles County who distinguish themselves through outstanding contributions to their communities, demonstrated dedication to public service, contribution of innovative techniques in the Fire and Emergency Medical Services, and/or are recipients of recognition from a city, other agencies and organizations for outstanding performance, and WHEREAS, Fire Engineer John Gutierrez has been selected for his outstanding service to the youth of his community to be honored by The Los Angeles County Community Protectors Award Committee as the recipient of the 1995 Los Angeles County Community Protectors Award NOW, THEREFORE, the City Council of the City of El Segundo does hereby applaud and congratulate Fire Engineer John Gutierrez for his dedication and support of the youth of the community and the receipt of the 1995 Los Angeles County Community Protectors Award Dated this 6th day of June, 1995 Carl Jacobson, Mayor Liam Weston, Mayor Pro Tem Michael D Robbins, Councilman Richard J Switz, Councilman Jan Friedkm, Councilwoman 011 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business Public Hearing to discuss FY 1995/96 Preliminary Budget and Five -Year Capital Improvement Plan Direct Staff to (a) make appropriate modifications to the FY 1995/96 operating and FY 1996/2000 capital improvement budgets based upon the June 3, 1995 workshop, public hearing and resulting Council direction, (b) continue Public Hearing to June 20, 1995, and (c) schedule budgets for adoption at the June 20, 1995 meeting The Preliminary FY 1995/96 operating budget and the FY 1996/2000 capital improvement budget were distributed to Council on May 16, 1995 A Workshop was scheduled for Saturday, June 3, 1995 to which the public was invited The Council modifications as a result of that Workshop cannot be summarized here as submission of this report precedes the date of the Workshop However, a summary of any modification directed by Council to Staff will be available at the June 6, 1995 meeting FISCAL IMPACT: (Check one) Operating Budget Capital Improv. Budget: Amount Requested: -0- ProjectfAccount Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No- ORIGIFIATED .: W Morrison S= 3a- ?s- Jives W Morrison, City Manager ACTION TAKEN: 012 EL SEGUNDO CITY COUNCIL MEETING DATE: 6/6/95 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Public Hearing concerning the abatement of weeds as identified in the Resolution of Intention adopted by the City Council on 5/16/95. RECOMMENDED COUNCIL ACTION: No action required. Parcels subject to the announced public hearing have been cleaned. BRIEF SUMMARY: The properties identified in Appendix "A" of the Council Staff report dated 5/16/95 have now been cleared of weeds and debris and said public hearing for the 6/6/95 Council meeting is not needed. ATTACHED SUPPORTING DOCUMENTS: Memo dated 5/23/95 from James Carver, Fire Protection Inspector. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _Capital Improvement Budget: Yes No Date: rn -c�iv . vo> 013 City Of Ell Segundo RECEIVED Ni') ;4t "' Public Works Department INTER - DEPARTMENTAL CORRESPONDENCE Date: May 23, 1995 To: Ed Schroeder, Director of Public Works From: James Carver, Fire Protection Inspector Subject: 1995 ANNUAL WEED ABATEMENT The Fire Department has completed a remspection of the properties identified in the April 28, 1995 IDC requiring weed abatement The following list of properties have been corrected Address/Location Specific Location Vacant lot East of 730 W. Sycamore Vacant lot between 139 & 201 Standard Street (149 Standard Street) 112 Arena Street 535 West Palm Avenue 540 East Imperial Avenue Field between Manposa Avenue and Grand Avenue, West of Nash Street West of Hillcrest between Maple & Sycamore Northwest corner Entire school site The following addresses have not been corrected, or have been identified after the May 16, 1995 City Council meeting Abandoned railroad easement east of Lairport between Manposa Avenue and Maple Avenue Vacant lot at southeast corner of Holly Avenue and Richmond Street The two remaining addresses will be reinspected on June 6, 1995 to verify compliance I do not anticipate either of the two addresses needing abatement proceedings. Please contact me if you have any questions, or need clarifications. Wes J. C2xW Fire Protection Inspector ,1 Voters may be confused as to where they should mad absentee ballots If City ballots are included with primary ballots and mailed to the County, they will be opened by the County prior to the City's election day A legal ruling will need to be made as to whether or not these ballots can be counted by the City It is anticipated that the County will be able to verify signatures on absentee ballots Attached to the September 6, 1994 staff report are two possible ordinances One moves the April 1996 election to November 1995 and the other moves the April 1996 election to March 1997 If it is the Council's desire to introduce either of these ordinances, a new ordinance number will need to be assigned to the item A suggested notice to voters for each date, as required by law, is also attached to the September 6, 1994 staff report August 16, 1994 Staff Report September 6, 1994 Staff Report FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Accelerates or delays costs to be incurred in April 1996 Dius cost of postcard notice estimated to be $8.500. Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes X No­ James Morrison, City Manager S= 3e) - Fs- 016 EL SEGUNDO CITY COUNCIL MEETING DATE: August 16, 1994 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Manager AGENDA DESCRIPTION: Possible rescheduling of the Municipal Election of April 1996 RECOMMENDED COUNCIL ACTION: 1 Discussion 2 Direction to City Attorney /City Clerk General Municipal Election dates have historically been set for the second Tuesday in April of even - numbered years Beginning in 1996 (and, at present, only for that year), the Legislature has moved the Presidential primary to the fourth Tuesday in March in any year divisible by four (1996, 2000, 2004, etc ). The move of the Presidential Primary to March has the potential to cause a conflict with the General Municipal Election two weeks later in April The County may be unable to loan voting booths, ballot boxes and other equipment to cities, check signatures for nomination papers, petitions or absent voter applications and may find it impossible to produce the Street Index and Roster familiar to election workers and voters Election Code 2601 allows general law cities holding elections on the second Tuesday in April of even - numbered years to enact an ordinance and mail notices to voters changing election day to the first Tuesday after the first Monday of March of odd - numbered years, or to consolidate with the School Board Election on the first Tuesday following the first Monday in November of the odd - numbered years No term of office may be changed by more than 12 months An ordinance adopted prior to November, 1995 would change the election from April 9, 1996 to March 4, 1997, extending the terms of office approximately 11 months or from April 9, 1996 to November, 1995, reducing the terms of office 5 months Under the terms of 2601, the election could not be changed to April of 1995 since terms would be decreased by 13 months Once an ordinance is enacted to change the election date, at least one election must take place If the primary election were not kept at the March, even - numbered years, the City could re- instate, by ordinance, the April, even - numbered year elections If the March even - numbered year primary date is retained the following should be considered March ODD - numbered years 1997 3 seats (regular 1996) 1999 2 seats (regular 1998) November ODD - numbered years 1995 3 seats (regular 1996) 1997 2 seats (regular 1998) The approximate cost of a March odd - numbered years election would be consistent with the 1994 election costs and are estimated at, $20,000 00 hard costs and $18,000 00 soft costs, total being $38,000 00 The approximate cost of a consolidation of a November odd - numbered years would be (as quoted by the Registrar Recorders Office) $ 35,000 00 The cost of notification of the voters would be 1000 voters 735,00 x 9 $ 6615 00 postage 135000 shipping 150.00 Total Cost $8115.00 If the November, 1995 date is selected, this amount would have to be allocated for the City Clerk's 1994/95 budget DIRECTION: Following discussion, the City Council needs to provide staff direction to either retain the current City election schedule or to move the schedule If the schedule is moved, direction regarding an election date would be appropriate. ATTACHED SUPPORTING DOCUMENTS: 1) Election Day Change (Martin and Chapman) 2) Survey of L, A County Cities with April 1996 Elections (City of Lakewood) ON W Morrison, City Manager 017 79 1994 California Elections Manual ELECTION DAY CHANGE General Municipal Election dates have historically been set for the second Tuesday in April of even - numbered years Since 1980, Cities could, with county permission, change election day to consolidate with County elections [See Page M -20] The statewide Gubernatorial and Presidential Primary elections have been held on the first Tuesday after the first Monday of June in even - numbered years Beginning in 1996 (and, at present, only for that year), the Legislature has moved the Presidential primary to the fourth Tuesday in March in any year divisible by four (1996, 2000, 2004, etc ) If successful in giving California more 'clout" in choosing nominees for President it is presumed that the change will be made permanent The move of the Presidential Primary to March causes a conflict with the General Municipal Election two weeks later in April Most counties will be unable to loan voting booths, ballot boxes and other equipment to cities, check signatures for nomination papers petitions or absent voter applications and may find it impossible to produce the Street Index and Roster familiar to election workers and voters Many counties may choose to provide the city with a computer tape of registered voters but no further supplies or service Elections Code § 2601 was amended to allow general law cities holding elections on the second Tuesday in April of even- numbered years to enact an ordinance and mailing notices to voters changing election day to the first Tuesday after the first Monday of March of odd - numbered years No term of office may be changed by more than 12 months An ordinance adopted prior to November 1995 would change the election from April 9, 1996 to March 4 1997, extending terms of office approximately 11 months Under the terms of § 2601, the election could not be changed to 1995 since terms would be decreased by 13 months Cities changing election day would see little, if any, change in the level of service offered by the County or Martin & Chapman Co Cities that do not change election day may be faced with 1 The purchase of voting booths ($70 00 each / 3 per precinct) and Votomatic voting devices ($72 50 each / 3 per precinct plus a "demonstration'' machine) or switching to the "Round Hole" ballot (the CCAC ballot) 2 Purchasing or using substitutes for other county equipment (such as Los Angeles County's ballot boxes, lights and cords) 3 Having Martin & Chapman Co produce the "Street Index" and "Roster- Index" from the county computer tape 4 The county does not consolidate precincts for the primary election The county will mail their sample ballots to voters indicating the polling place location for the primary election Cities generally consolidate precincts The cities will mad their sample ballots before the primary election to voters indicating the city polling places, possibly confusing the voters as to which polling place they should go to for each election 5 The recruitment of poll workers will be more confusing as the county and the city will be recruiting at basically the same time, for elections two weeks apart Many workers will fully understand they are to work both elections, but some will be confused 6 The city and county will be receiving absentee applications and absentee ballots during a common two week period The voter may try to save money by sending both applications back in an envelope to either the county or the city The voter may try to save money by sending the county ballot and the city ballot back in one envelope If the county gets the city ballot, they may be able to hold it for the Martin & Chapman Cc . 1951 Wright Circle . Anaheim, CA 92806 -6028 . 714/939 -9866 . Fax 7141939.9870 „1s1, M -22 `I M 1994 California Elections Manual ELECTION DAY CHANGE city, but the city will not process absentees until after the county election day, Invalidating the county absentee ballot Since Martin & Chapman Cc is also printing County ballots and pamphlets for several counties for the primary election two weeks earlier, conflicts may occur between the two elections regarding the printing and mailing of sample ballots and delivery of absentee ballots The amended code section is as follows 2601 (a) Except as provided in Sections 35443 36503 5 and 36504 of the Government Code, a general municipal election shall be held on the second Tuesday in April of even - numbered years, or on the first Tuesday after the first Monday in March of odd - numbered years (b) A city council may enact an ordinance to move the date of its general municipal election from the second Tuesday in April of even - numbered years to the first Tuesday after the first Monday In March of odd - numbered years (c) As the result of the adoption of an ordinance pursuant to this section, no term of office shall be increased or decreased by more than 12 months As used in this subdivision, "12 months" means the period between the day upon which the term of office otherwise would have commenced and the first Tuesday after the first Monday in March of the odd - numbered year in which the election is held, inclusive (d) If an election is held pursuant to subdivision (a) and the election is consolidated with another election, Part 2 5 (Commencing with Section 23300) of Division 14, except Section 23302, shall govern the consolidation, and, if the county clerk is requested to conduct the municipal election, Section 22003 shall be applicable to that election (e) Within 30 days after the ordinance becomes operative pursuant to subdivision (a), the city clerk shall cause a notice to be mailed to all registered voters Informing the voters of the change In the election date The notice shall also inform the voters that as a result In the change in election date, elected city officeholders' terms in office will be changed (f) If a city adopts an ordinance pursuant to subdivision (a), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (a), unless the ordinance in question is later repealed by the city council (g) If the date of a general municipal election is changed pursuant to this section, at least one election shall be held before the ordinance may be subsequently repealed or amended (Amended by Stars, 1993, c 828, § 7 5 ) Martin b Chapman Cc . 1951 Wright Circle . Anaheim, CA 92806.6028 s 7141939 -9868 • Fax 714/939.9870 1v31 M -23 019 G Comparing March and April Elections Approximate dates April 9, 1996 March 4, 1997 Nomination Period Dec 17 -Jan 11 Nov 11 -Dec 6 Arguments Jan 2 Nov 26 Rebuttals Jan 12 Dec 6 Extended Filing Jan 16 Dec 11 Write -Ins Feb 11 -Mar 26 Jan 6 -Feb 18 Register Mar 11 Feb 3 Absentees Mar 11 -Apr 2 Feb 3 -Feb 25 Declare Results/Term Begins Apr 16 Mar 11 Martin b Chapman Cc . 1951 Wright Circle . Anaheim, CA 92806.6028 s 7141939 -9868 • Fax 714/939.9870 1v31 M -23 019 G SURVEY OF L.A. COUNTY CITIES WITH APRIL 1996 ELECTIONS Change of Date Due to March 1996 Presidential Primary GENERAL LAW CITIES Name of City Date of Next Election 7 Artesia Consideration Pending Baldwin Park Will Not Change Bell March 1997 Bellflower March 1997 Calabasas March 1997 Carson Consideration Pending Commerce Consideration Pending Covina March 1997 Cudahy March 1997 Hawaiian Gardens March 1997 Huntington Park March 1997 La Mirada March 1997 La Puente March 1997 Lomita Consideration Pending Monterey Park Consideration Pending Norwalk March 1997 Paramount March 1997 Pico Rivera March 1997 Rosemead March 1997 San Gabriel Consideration Pending Santa Fe Springs March 1997 Signal Hill Consideration Pehding South El Monte March 1997 020 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT Public Hearing on General Municipal Election Dates. MEETING DATE: September 6, 1994 AGENDA HEADING: Special Order of Business 1. Open Public Hearing. 2. Discussion 3. Close Public Hearing 4. Appropriate action which could include introduction of an ordinance changing the date of the April 1996 municipal election and supporting notice to the public At its August 16, 1994 meeting, the City Council discussed rescheduling the City's April 1996 election. This discussion resulted from the state changing the date of the 1996 Presidential primary election from June to March and the potential confusion of two elections being held so close together (March 26, 1998 and April 9, 1996) The Council requested Ordinances to reschedule the April 9, 1996 election to November 7, 1995 (School District elections) or March 4, 1997 (Municipal general election) and supporting notices to the public. In addition, a notice of public hearing regarding this matter was published in the El Segundo Herald on August 25, 1994 and is to be republished on September 1, 1994 The pros and cons of the November, 7, 1995 and March 4, 1997 election dates follows: November, 1995: Pros Cons The length of terms for incumbents is least Because the consolidated election would be Impacted. County run- City Clerk's office staff involvement is - The City loses control of its own election le. - Returns could be delayed up to 28 days Greater voter turnout may result from more More positions on the ballot could dilute the positions being elected. exposure of City races. City costs should be reduced. The City Clerk and her staff have no of cities seems to be to this experience participating in consolidated elections. City Clerk's office staff involvement in the The Board of Supervisors could deny the election should be less. consolidation request. The trend of cities seems to be to March of odd - numbered years March, 1997: Em am City costs are predictable based on The length of terms for incumbents is experience impacted more. City Clerk's office staff involvement is As a stand alone election, voter interest le. may be less. retains control of its own election City cost could be more Supervisors approval is not L of cities seems to be to this Ordinance and postcard for November 7, 1995 election, Ordinance and postcard for March 4, 1997 election. 021 FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget Amount Requested: Accelerates or delays_ cost to be Incurred in April 1996 plus cost of postcard notice estimated to be $8.500. Project/Account Budget Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes X No_ Date: ,1 Morrison, City Manager Date: Q'- fit' -qy eorrison, City Manager 022 ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, MOVING THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN - NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD - NUMBERED YEARS. WHEREAS, Section 2551 of the California Elections Code provides that the statewide direct primary and the presidential primary shall be consolidated and conducted on the fourth Tuesday in March in any year divisible by the number four beginning in 1996; WHEREAS, the General Municipal Election is now scheduled for the second Tuesday in April of even - numbered years; WHEREAS, if the General Municipal Election is held two weeks after the California Presidential Primary, election officials of the County of Los Angeles may be unable to assist or to loan equipment to the City to conduct the General Municipal Election; there is a significant risk of voter confusion, as voters in the City will receive two sets of absentee ballot supplies, two sample ballot pamphlets and directions for two elections at different polling locations two weeks apart; and it may be difficult to secure election precinct workers willing to work in the polling place; and WHEREAS, Elections Code Section 2601 authorizes the City to reschedule its General Municipal Election to avoid the practical difficulties noted above; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.06 entitled "General Municipal Election" is hereby added to Title 1 of the E1 Segundo Municipal Code to read as follows: "Chapter 1.06 GENERAL MUNICIPAL ELECTION Section: 1.06.010 - Date of General Municipal Election Section: 1.06.010 Date of Municipal Election (a) Pursuant to Section 36503.5 of the California Government Code, the date of the General Municipal Election of the City of E1 Segundo, California is moved from the second Tuesday in April of each even - numbered year to the first Tuesday after the first Monday in November of each odd - numbered year. The General Munici- pal Election scheduled for April 9, 1996 is moved to November 7, 1995 and each election thereafter shall be held on the first Tuesday after the first Monday in November of each odd - numbered year. (b) In accordance with the change of the General Municipal Election Date in subsection (a) above, the current terms of all elected officials of the City being served on the effective date of this section shall be decreased for a period of five (5 months and until the election results for their office are declared by the City Council. SECTION 2. This Ordinance shall become operative upon approval of the Los Angeles County Board of Supervisors. The City Clerk shall forward this Ordinance to the Los Angeles County Board of Supervisors for its approval. SECTION 3. Within 30 days after the Ordinance becomes operative, the City Clerk shall cause a notice to be mailed to all registered voters of the city informing them of the change in the election date, and the change in elected City officeholder's terms in office. �- 023 SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be pub- lished according to law. PASSED, APPROVED AND ADOPTED ON ,19 . Carl Jacobson, Mayor of the City of E1 Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Leland C. Doll by, City Attorney 024 NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, MOVING THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM THE SEC- OND TUESDAY IN APRIL OF EVEN - NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF ODD - NUMBERED YEARS. WHEREAS, Section 2551 of the California Elections Code provides that the statewide direct primary and the presidential primary shall be consolidated and conducted on the fourth Tuesday in March in any year divisible by the number four beginning in 1996; WHEREAS, the General Municipal Election is now scheduled for the second Tuesday in April of even - numbered years; WHEREAS, if the General Municipal Election is held two weeks after the California Presidential Primary, election officials of the County of Los Angeles may be unable to assist or to loan equipment to the City to conduct the General Municipal Election; there is a significant risk of voter confusion, as voters in the City will receive two sets of absentee ballot supplies, two sample ballot pamphlets and directions for two elections at different polling locations two weeks apart; and it may be difficult to secure election precinct workers willing to work in the polling place; and WHEREAS, Elections Code Section 2601 authorizes the City to reschedule its General Municipal Election to avoid the practical difficulties noted above; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN As FOLLOWS: SECTION 1. Chapter 1.06 entitled "General Municipal Election" is hereby added to Title 1 of the E1 Segundo Municipal Code to read as follows: "Chapter 1.06 GENERAL MUNICIPAL ELECTION Section: 1.06.010 - Date of General Municipal Election Section: 1.06.010 Date of Municipal Election (a) Pursuant to Section 2601 of the California Elections Code, the date of the General Municipal Election of the City of E1 Segundo, California is moved from the second Tuesday in April of each even - numbered year to the first Tuesday after the first Monday in March of each odd - numbered year. The General Municipal Election scheduled for April 9, 1996 is moved to March 4, 1997 and each election thereafter shall be held on the first Tuesday after the first Monday in March of each odd - numbered year. (b) In accordance with the change of the General Municipal Election Date in subsection (a) above, the current terms of all elected officials of the City being served on the effective date of this section shall be increased for a period of eleven (11) months and until the election results for their office are declared by the City Council ". SECTION 2. This ordinance shall take effect thirty (30) days after its final passage. Within 30 days of the effective date, the City Clerk shall cause a notice to be mailed to all regis- tered voters of the city informing them of the change in the election date, and the change in elected City officeholder's term in office. 025 Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be pub- lished according to law. PASSED: APPROVED AND ADOPTED ON 019 ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: C- Leland City Attorney Carl Jacobson, Mayor of the City of E1 Segundo, California 026 Postcard to voters for March 4, 1997 election. IMPORTANT ELECTION INFORMATION To: All registered voters In the City of El Segundo NOTICE HEREBY IS GIVEN pursuant to California Election Code Section 2601 that the date for the General Municipal Election in the City of El Segundo has been changed from the second Tuesday in April of even - numbered years to the First Tuesday after the first Monday in March of odd- numbered years beginning in March, 1997. As a result of this change in the election date, elected office holder's terms of office which would have expired in April, 1996, will be extended until the date that the March, 1997 election results are declared by the city council. No terms of office will be decreased. More information may be obtained by calling the Office of the City Clerk at 310/322 -4670. Cindy Mortesen City Clerk of El Segundo Postcard to voters for November 7, 1995 election, IMPORTANT ELECTION INFORMATION To All registered voters in the City of El Segundo NOTICE HEREBY IS GIVEN pursuant to California Government Code Section 36503 5 that the date for the General Municipal Election in the City of El Segundo has been changed from the second Tuesday in April of even - numbered years to the First Tuesday after the first Monday in November of odd- numbered years beginning in November, 1995. As a result of this change in the election date, elected office holder's terms of office which would have expired in April, 1996, will be shortened to the date that the November, 1995 election results are declared by the city council. No terms of office will be increased. More information may be obtained by calling the Office of the City Clerk at 310/3224670 Cindy Mortesen City Clerk of El Segundo 027 TO THE EL SEGaNDO CITY COUNCIL MEETING DATE: JUNE 6, 1995 AGENDA ITEM STATEMENT AGENM HEADING: CCMEITTEES ------------------------------------------------------------------- ------------------------------------------------------------------- Agenda Description: Request for City Council to review current recruitment status of committees /commissions /boards ( "CCBs "). ------------------------------------------------------------------- ------------------------------------------------------------------- Recommended Council action: 1) Continue extension of term of office on the various CCBs that have expired; 2) Extend the Notice of Vacancy filing deadline to 5:00 pm, Friday, June 30, 1995 for those CCBs with fewer than three applicants per vacancy; 3) Reappoint Incumbent Sue Carter to Metropolitan Cooperative Library Systems Advisory Board; and 4) Set interview date(s) for CCBs with the requisite number of applicants. ------------------------------------------------------------------- ------------------------------------------------------------------- Brief Summary: COMMISSIONS /COMMITTEES /BOARDS # OF VACANCIES TERM EXPIRES Economic Development Advisory Council one(1R)* none Investment Advisory Committee one 6/30/95 Library Board of Trustees two 6/30/95 Metropolitan Cooperative Library Systems Advisory Board one 6/30/95 Planning Commission one 6/30/95 Recreation & Parks Commission one 5/30/95 Senior Citizen Housing Corporation Board two one(1R)* 6/30/95 6/30/97 Wall of Honor Committee two(1R)* 7/30/95 NOTE: ( *) R= position vacated due to resignation I = City Council, at its meeting on May 2, 1995, 1) extended the term of office on the various CCBs that had expired; 2) directed staff to proceed to prepare a special public interest program for recruitment to be aired on cable t.v.; 3) directed staff to re- advertise the vacancies in the Herald and cable t.v.; and 4) extended the filing deadline to 5:00 pm, Wednesday, May 31, 1995. A special public interest cable t.v. program will be filmed. Scheduling does not permit the airing of same prior to the May 31st filing deadline for the current vacancies. The vacancies were re- advertised on the cable t.v. bulletin board. The following schedule reflects the number of applicants to the various CCBs as of 10:00 am. Tuesday. May30. 1995. Applications submitted after this report and by the 5.00 pm, May 31, 1995 filing deadline, will be reported to Council prior to your scheduled June 6th meeting. The Metropolitan Cooperative Library Systems Advisory Board only requires one delegate. Incumbent Sue Carter has again volunteered to this post. SCHEDULE OF APPLICANTS May 31, 1995 Library Board of Trustees Gerry Preciado 322 -7308 Charles L. Pulci 322 -5405 Metropolitan Cooperative Library Systems Advisory Board Sue Carter 640 -8923 n%DbVartseQend agd 028 Recreation & Parks Commission Gerry Preciado 322 -7308 Kirk Jon Walske 475 -4740 Antonio Juan Mendez 640 -0497 Investment Advisory Ccsmittee Keith Alan Covington 414 -8401 Kirk Jon Walske 475 -4740 Antonio Juan Mendez 640 -0497 Nall of Honor Committee NONE 322 -6271 Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Senior Citizen Housing Corporation NONE 322 -6271 Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Economic Development Committee Steven Jonn Edlefsen 322 -6271 Daniel James Gaffey 414 -0811 Antonio Juan Mendez 640 -0497 Richard Evan Patterson 364 -2250 Gerry Preciado 322 -7308 Planning Commission Michael Carl Rotolo 322 -5045 Nancy L. Cobb 322 -5662 Constanza Pallini 322 -8235 Gerry Preciado 322 -7308 Richard Egan Patterson 364 -2250 ==== =_ Attached Supporting Documents And Who Prepared Them: none____ Fiscal Impact: === = = =N/A Originator: Date: May 30, 1995 �• 6q, Council Assistant Morrison, City Manager n\xbV °'Wde°agd 029 c n r C C R S 1 -j ~ r r• C .Wm OP J' a.i SIP v` di` O M, O .•d W N P— W W a0 X0.1 ew W— mN IAN aN - a I � W�anP Ja d' as V1P M 0 m d I e P � H � i ii mm m \ Oe \o �• o VI — _ $C�& &PW E ° -Rn -�M tY 6 als s N lt Wt -js m : r W,1r =K„ 030 c c m a 3 9 a a CZ -I A N �L my a- 3 N ati D N A tN • n O D H m O T a v v a 0 c a r r~ z r� 41 r✓ I.n V' t tit C C E A A '_ g n n M° M M G Y t t 9= X X C u % % v G: i m T b I Y YD� C^ � �m - mZ b I -•Y i • i n t tl 1 » III • it i Dr = mW » I i N = m r00 Mx m mDID n nY•tlOn 1 1I O C Cn m m0 7 77>0 T T ar Y YmIC•a 0 010 6 61 ] 7 7'0 • • G • •4zx 0 Z O a 0 0 O O O d - - - i G n N N r/ 1 01 D mD 1 < 0 P •D c c • Y O OY m m �+ - -1 W P +— W A W W-- J J mI m m —qNm « « I M L N N O D D 0 O D a C C O C C ]I w w ] ]+ « « Dl r r a w w D n 4 4 » 1 1 Y m m N Y Y + O O 1 1 w w n n n ?» S S D Y Y n m m w r r n Y Y Y D n n 7 n 4 40 m mor 0 0r x xx v vn > >con u ` 9 n n A °TA 0 02 2 T1m0�m"I � 9m » » i iym - -nN0 % % n w ° 2�Ax T �m2 'oY m m» n n. « «o m m v -C n . o oCamz n n C .d m .. a 1« g gnwn Y P Ym» « « n nwm . m • o T Tn� > >aJ om c cc o Coo'; . m . aor c » » P m > >< cD f a z -,m c m-+a o a q w » » n n n «•v » » 1 • • a+ o o d dd r r .I m m 30 w w x xo-+w r r o o c ] C C 6 D] « «<. 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O -. ni y v —i•°° i I w a n i � i O n C» • f0 •< w < y i • y M it i • i z > al 1 mz ox < 1 y W m A I ri I 1 m• I A i i P O m N ZOOmomo ----- 0000 am MmWWroW + +VPwro +mmP� 310 •I >N • (P m =rOLnZSiTnifmn a XO-+O if 0.211000-im wx Mc3 R AIAf y7aaiZ ' ZM— m..nm 4SmOym V M2 20- A Mn mA n O!fn OCr O a r 303 do nr i m y y Cr N N r MMMO 'll o r zoo er-Ma c' i;;z♦A« .ozm�A >o Mc a <oW�zzarMmx . w:wocm•}Fl FAM min I MA z fi o O M f 2 �I 10 p20 <Cf f� q-q t<m MZ. nMAC�+ �M 'II TI0 Z --1 21Zi lw COC M n b C v c N �A = o o M I t a m C2 z M, Z0�y pr ro m=1 mp Y <O �MAwONM M *.1010 a m �, rorww, ro•wwrM -W = m�RwPmPry m,p wad mro +Pmwwym.IN ProproKrro +auu wroroOrooua.lmw +e�.lm'I ra • I I li I I I I I A � O • I roe I i mo i w+ 032 2 I I I i • y M it i • i z > al 1 mz ox < 1 y W m A I ri I 1 m• I A i i P O m N ZOOmomo ----- 0000 am MmWWroW + +VPwro +mmP� 310 •I >N • (P m =rOLnZSiTnifmn a XO-+O if 0.211000-im wx Mc3 R AIAf y7aaiZ ' ZM— m..nm 4SmOym V M2 20- A Mn mA n O!fn OCr O a r 303 do nr i m y y Cr N N r MMMO 'll o r zoo er-Ma c' i;;z♦A« .ozm�A >o Mc a <oW�zzarMmx . w:wocm•}Fl FAM min I MA z fi o O M f 2 �I 10 p20 <Cf f� q-q t<m MZ. nMAC�+ �M 'II TI0 Z --1 21Zi lw COC M n b C v c N �A = o o M I t a m C2 z M, Z0�y pr ro m=1 mp Y <O �MAwONM M *.1010 a m �, rorww, ro•wwrM -W = m�RwPmPry m,p wad mro +Pmwwym.IN ProproKrro +auu wroroOrooua.lmw +e�.lm'I ra • I I li I I I I I A � O • I roe I i mo i w+ 032 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 05/06/95 THROUGH 05126/95 Date Payee Amount 05/08/95 IRS 126,743 47 05/08/95 Emp Dev Dept 24,148 33 05/10/95 WBMWD 545,356 80 05/22/95 IRS 124,696 06 05/22/95 Emp Dev Dept 23,082 66 Total by Wire $844,02732 Description Federal Payroll Taxes P/R # 23 State Payroll Taxes P/R # 23 Water purchased March 1995 Federal Payroll Taxes P/R # 24 State Payroll Taxes P/R # 24 DATE OF RATIFIACTION: 06/06/95 TOTAL PAYMENTS BY WIRE: $844,02732 Certified as to the accuracy of the vwre transfers by City Treasurer Director of Finance City Manager Date Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of Ell Segundo 033 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 21, 1995 - 5:00 P.M. CALLED TO ORDER Mayor Jacobson at 5 00 P.M. PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Friedkin Present Present Present Present arrived at 5 15 P M Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit total) No individuals addressed Council CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et sec ) 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 Gov't Code section 54957 (Personnel), and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 City of Los Angeles v. City of El Segundo, Case No BC 034185 2 El Segundo v. Stephen S Rocco d/b /a Big Brother at al, Case No YC 19865 3 Kilroy Airport Imperial Co. at al v City of El Segundo, Case No. 2 Civ B 058553 4 OMA v City of El Segundo, Case No. BX 026465 5 Summerfield tax litigation, Case No BC 106640 6 Chaffin y of El Segundo, USDC Case No. CV94 4444AWT(BQRx) 7 Harrison vs. City of El Segundo et at, USDC Case No CV94- 8264DT (BQRx) 8 Vivian v City of El Segundo, Case No BC 122791 9 John Turner v City of El Segundo, LASC Case No TC 007934 10 Eloise and Paul Medina v. City of El Segundo, Case No SC034742 11 An Tran v City of Ell Segundo, Claim Nos. 94 -08; 94-21 12 Danny Dye v City of El Segundo, WCAB Case # Unassigned, Claim #92- 0200 -0055 Claims Re Rain Damage 13 Octabio Ramirez v City of El Segundo, Claim No 95 -02 14 Federico Ramirez v City of El Segundo, Claim No 95-04 15 John Peters v City of El Segundo, Claim No. 95 -04 16 A J Neil v City of El Segundo, Claim No 95 -06 17 Bill and Jean Bue v City of El Segundo, Claim No. 95-09 18 Jon Prescott v City of El Segundo, Claim No 95 -11 19. Ed and Susan Ash v. City of El Segundo, Claim No 95-12 20 T L Douglas Co v City of El Segundo, Claim No 95-13 21 Tnwell Properties Inc. v. City of El Segundo, Claim No 95-14 22. Bob's Antiques (Bob Rmebold) v City of El Segundo, Claim No. 95-15 23 Cole Industries v City of El Segundo, Claim No 95 -16 24 Jack Siadek v City of El Segundo, Claim No. 95-17 25 Clemens and Kozloski v City of El Segundo, Claim No 95 -18 26 Lester McIntosh v City of El Segundo, Claim No 95 -19 27 Clayton Blank v City of El Segundo, Claim No 95 -22 28. ESE v. City of El Segundo, Claim No. 95 -23 29 Pacific Science v City of El Segundo, Claim No 95 -24 30 Challenge Noble Inc v City of El Segundo, Claim No. 95-28 31 Edward Mowad v City of El Segundo, Claim No 95 -30 034 DRAFT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b)• 7 potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code Section 54956.9(c): 3 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) No individuals addressed Council ADJOURNMENT at 10 55 P M Cindy Mortesen, City Clerk 2 035 AINUTES 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 Fnedkm 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 Fedle, 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 Friedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total)Nme (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 parts scramble on the adult channels Mayor Jacobson stated that Paragon would put a trap on any cable free of charge 1 036 3 Ted Dickton, 648 W Walnut, agreed with the censoring of the adult channels 4 Discussion by Lon 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 MIA and City for preliminary design of the Station Mayor Jacobson and Councilman Robbm i " � ° ' 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 Garnholtz, 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 ,lobs 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 W � , j�'1j/ 9 J Wilson Resident, asked if we have statistics on the proposed ridership for the green line Kilroy discussion continued. Mayor Jacobson, and Councilman Robbms� �✓ , not participate MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm to not endorse the MOU MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDIGN 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 Fnedkm 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 I Unscramble# Cable Television Broadcasts of Adult Entertainment 2 037 Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints, and 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 Friedkm 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 - I 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. No individuals addressed Council 3 038 MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkm to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm 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 SWITL, AND COUNCILWOMAN FRiEDHIN. 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, H -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, H -B, HI -A, III -B, HI -C, III -D, IV -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 RELATTS 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, 111- 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 510 039 4 A tl1` 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 Fnedkm to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 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 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 Friedkm 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�iot participate on this item due to a possible conflict of interest 1 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 City Attorney Lee Dolley read the following 5 040 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 Fnedkm 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 SWIM NOT - PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 2/0/1/2 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 510 6 Request from Los Nmos for Approval of Walk- A -Thon through El Segundo on June 19, 1995 Fiscal Impact - $0 MOVED by Councilman Robbins SECONDED by Councilman Switz to approve of the Los Nmos 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 Fnedkm 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 Fnedkm 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 SWrIZ, COUNCILWOMAN FRIEDKIN. NOES; NONE NOT - PARTICIPATING; COUNCILMAN ROBBINS 4/0/1 6 041 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 COUN( Councilwoman Friedldn - 1. Formation of a new Joint Powers Authority, the South Bay Cities Council of 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 Friedkm 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 FRIEDIM. NOES: COUNCILMAN ROBBINS 4/1 Councilman Robbins - 1 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 ME 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 RECONVENE 9 35 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 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 seMc) 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 in, March 21, 1995 under "Closed Session" (if needed) ADJOURNMENT at 10 56 P M to April 4, 1995 at 5 00 P M Cindy Mortesen, City Clerk a 043 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL April 4, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5 00 P M PLEDGE OF ALLEGIANCE - Councilman Switz ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkin - Present - Present amved at 5 15 P M - Present - Present arrived at 5 10 P M - Present PUBLIC COMMUNICATIONS -(Related to City Business On -5 minute limit per person, 30 minute limit total) NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et seq.) for the purposes of confemng with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under Gov't Code section 54957 (Personnel); and /or confemng with the City's Labor Negotiators as follows. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 Summerfield tax litigation, Case No. BC 106640 2 Chaffin v City of El Segundo, USDC Case No CV94 4444AWT(BQRx) 3 Harrison vs City of El Segundo at al, USDC Case No. CV94- 8264DT (BQRx) 4 Vivian v City of El Segundo, Case No. BC 122791 5 John Tumer v. City of El Segundo, LASC Case No. TC 007934 6 An Tran v City of El Segundo, Claim Nos. 94 -08, 94 -21 7 Danny Dye v City of El Segundo, WCAB Case # Unassigned, Claim #92- 0200 -0055 Claims Re Ram Damage 8 Octabio Ramirez v City of El Segundo, Claim No 95 -02 9 Fedenco Ramirez v. City of El Segundo, Claim No 95 -04 10 John Peters v City of El Segundo, Claim No. 95 -04 11 A. J Neil v. City of El Segundo, Claim No. 95-06 12 Bill and Jean Bue v. City of El Segundo, Claim No 95 -09 13 Jon Prescott v. City of El Segundo, Claim No 95-11 14. Ed and Susan Ash v City of El Segundo, Claim No 95-12 15 T L Douglas Co v City of El Segundo, Claim No 95 -13 16 Triwell Properties Inc v City of El Segundo, Claim No. 95 -14 17 Bob's Antiques (Bob Rinebold) v City of El Segundo, Claim No 95-15 18 Cole Industries v City of El Segundo, Claim No 95 -16 19 Jack Siadek v City of El Segundo, Claim No. 95 -17 20 Clemens and Kozloski v. City of El Segundo, Claim No 95-18 21 Lester McIntosh v City of El Segundo, Claim No. 95 -19 22 Clayton Blank v. City of El Segundo, Claim No. 95 -22 23 ESE v City of El Segundo, Claim No 95 -23 24 Pacific Science v City of El Segundo, Claim No 95 -24 25. Challenge Noble Inc v City of El Segundo, Claim No 95-28 26 Edward Mowad v City of El Segundo, Claim No 95 -30 27 Reliable Tool v City of El Segundo, Claim No 95 -31 28 B/G Engmeenng v City of El Segundo, Claim No. 95 -32 29 Eddie Paul v. City of El Segundo, Claim No 95 -33 044 DRAFT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956.9(b) 5 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c)• 2 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957). 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR -(Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) NONE ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk 2 045 It MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL APRIL 4, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 04 P M INVOCATION - Rabbi Leon Kahane PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - 1. Proclamation declaring the week of April 9-15,1995 as NATIONAL LIBRARY WEEK, themed "Libraries Change Lives," in the City of El Segundo Barbara Pearson, Director of Library Services received the Proclamation from Councilman Switz 2 Proclamation declaring the week of April 9-15,1995 as EL SEGUNDO BUILDING SAFETY WEEK with the theme "Using Tools to Build ..Public Awareness" Linda Robinson, Inspector, Budding Safety received the Proclamation form Mayor ProTem Weston. 3 Proclamation declaring the month of April as EARTHQUAKE PREPAREDNESS MONTH in the City of El Segundo. Fire Chief Jake Neilson, received the Proclamation from Mayor Jacobson ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkm - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS -(Related to City Business Only - 5 minute limit per person, 30 minute limit totaq Ten (10) individuals addressed Council 1. George Wiley, Rockwell; requested to speak on item F -1 Bill Manahan, Superintendent of School discussed the El Segundo Unified School District about the District's proposal to lease the Imperial School site to Children's Discovery Centers. Council consensus to schedule another meeting with the School Board representatives and the Council representatives to further discuss this matter Mayor Jacobson and Councilman Robbins left the dias, and did not participate on the following topic. 3 Karen Ackland, Economic Advisory Council; he Council to support the Del Norte station and urges the City Council to approve the MOU 4 Lon Duston, Kilroy Industries, requested 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 MTA and City for preliminary design of the Station 5. Karen EWIrIA Director, MTA, encouraged the Council to sign the MOU, the protest is gGiAg to be put on a funding pi:egram, and W,ca resulting congestion management plan would be beneficial to the city. 6 Don Camph, 1fj~ /Employers Association; stated that the station is included in the cities General Plan, and the urban mixed uses is conducive to a station being planned in that area 1 046 DRAFT MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to approve the concept of the MOU, with the inclusion of language stating that the City will be consulted after the preliminary engineering is done, and a decision on whether or not to commit to moving forward with construction of the station will be made at that time.MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONES. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS. 31012 Mayor Jacobson and Councilman Robbins returned to the dias. 8 Nancy Cobb, Chamber of Commerce; announced that the 3rd annual 'Take your daughter to work" program is April 27, 1995, and host companies are being provided through the Chamber 9. Bill Cambell, resident, spoke regarding the Imperial Street School site 10 Mrs Annette Latshaw regarding an ordinance limiting the number of alcoholic beverage licenses (for on -site consumption or take out) on the west side of Sepulveda within 1,000 feet of existing licensees (See related item under "New Business - City Manager') ITEM BROUGHT FORWARD FROM LATER IN THE MEETING Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing requirements and Zoning Code provisions for alcohol sales Mayor Jacobson requested that the AUP and /or CUP process on all alcohol permits be brought up at the next General Plan review. •' • % ", A. PROCEDURAL MOTIONS 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 resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 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. Assistant City Attorney Tim Cremin 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 MOVED by Councilman Robbins SECONDED by Councilwoman Friedkm to adopt Ordinance No. 1237, amending sections 7 20 130 and 7 28.080 of the El Segundo Municipal Code regarding Public Sewer facilities regulations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 2. Agreement with Meyer, Mohaddes Associates, Inc. for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program ($29,860) and possible purchase of traffic modelling software ($7,500) Director of Public Works, Ed Schroder, gave a brief staff report 2 047 DRAFT MOVED by Councilman Robbins SECONDED by Councilman Switz to approve Contract No 2388, for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program s EZII/ i% RECESS 9:15 p.m. RECONVENE 9:26 p.m. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 217998 - 218108 on Demand Register Summary Number 36 in total amount of $10,515,696.63. 2 Warrant Numbers 218109 - 218327 on Demand Register Summary Number 37 in total amount of $730,058 27. 3 Warrant Numbers 218328 - 218459 on Demand Register Summary Number 38 in total amount of $64,596 88, and Wire Transfers in the amount of $151,512.92. 4 ITEM CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5 ITEM PULLED FROM CONSIDERATION BY CITY MANAGER 6 Award Contract No 2389, for Maple Avenue Street Improvements west of Hillcrest Street, Project No. PW 94 -13, to DJ Construction (contract amount - $16,802 95) 7 ITEM PULLED BY MAYOR JACOBSON DUE TO A CONFLICT OF INTEREST. MOVED by Councilwoman Friedkm SECONDED by Councilman Switz to approve Consent Agenda items Numbers 1, 2, 3, and 6, MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA 4 City Council meeting minutes of March 21, 1995 Councilman Robbins requested this item be held over to April 18, 1995 meeting 7. Adoption of plans and specifications prepared by Caltrans for the Nash Street - Douglas Street One -Way Couplet Project (estimated cost to the City $500,000) MOVED by Councilman Switz, SECONDED by Councilwoman Fnedkin to adopt plans and specifications prepared by Caltrans for the Nash Street - Douglas Street One -Way Couplet Project (estimated cost to the City $500,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 31012 F NEW BUSINESS - CITY MANAGER Request by Rockwell International for consideration to name the new connector road between Douglas and Nash streets as Lee Atwood Way George Wiley, Rockwell, urged Council to approve this and gave a history of Mr Atwood., Bill Mason, Chamber of Commerce, urged Council to approve this. Steve Storm, resident, stated streets are named after former manufactures, perhaps North American would be more fitting J Wilson, resident, suggested several names for the connector street MOVED by Councilman Swttz SECONDED by Mayor ProTem Weston to approve the name of the new connector road between Douglas and Nash streets as Atwood Way MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, AND COUNCILMAN SWITZ. NOES: COUNCILMAN ROBBINS AND COUNCILWOMAN FRIEDKIN. 312 2 Proposed resolution to standardize City of El Segundo's fee structure for duplication of public records Assistant City Attorney Tim Cremins read the following ME u -. Councilman Switz - 1 Presentation by member of Noise Abatement Committee demonstrating the City's current capability of videotaping and audio tracking aircraft early turns at LAX, including two particular actions by commuter aircraft. Steve Strom, Noise Abatement Committee presented a report, requested staff to set -up a meeting with Mr Driscoll and the appropriate authorities to present the data gathered, and to request a response of what is to be done, requested the status of the sound installation program Mayor ProTem Weston - Reported on the South Bay Cities Association and the approval of the widening of Aviation Blvd, and the election of Jane Fnedkin to the Community Economic, Housing and Development Committee Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(Related to City Business On -5 minute limit) one (1) individual addressed Council 1 J. Wilson, resident, suggested a public street nominating committee, or contest for naming all new streets MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 10 47 P.M to April 18, 1995 at 4 00 P.M Cindy Mortesen, City Clerk 5 050 b `may MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL April 18, 1995 - •4.00 P_ CALL TO ORDER Mayor Jacobson at 4 01 P M PLEDGE OF ALLEGIANCE - Councilwoman Jane Fnedkin ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present arrived at 4 15 P M Councilman Switz - Present Councilman Robbins - Present arrived at 4 08 P M Councilwoman Friedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per person, 30 minute limit total) No individuals addressed Council NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et M) 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 City of Los Angeles v City of El Segundo, Case No BC 034185 2 Kilroy Airport Imperial Cc et al v City of El Segundo, Case No 2 Civ B 058553 3 Summerfield tax litigation, Case No BC 106640 4 Chaffin y of El Segundo, USDC Case No CV94 4444AWT(BQRx) 5 Harrison vs City of El Segundo et al, USDC Case No CV94- 8264DT (BQRx) 6 Vivian v City of El Segundo, Case No BC 122791 7 An Tran v City of El Segundo, Claim Nos 94 -08, 94 -21 8 Robert Solam v City of El Segundo, WCAB (unassigned) Claims Re Rain Damage 9 Octabio Ramirez v City of El Segundo, Claim No 95 -02 10, Pedenco Ramirez v City of El Segundo, Claim No 95 -04 11 John Peters v City of El Segundo, Claim No 95 -04 12 A J Neil v City of El Segundo, Claim No 95 -06 13 Bill and Jean Bue v City of El Segundo, Claim No 95 -09 14 Jon Prescott v. City of El Segundo, Claim No 95 -11 15 Ed and Susan Ash v City of El Segundo, Claim No 95 -12 16 T L Douglas Cc v City of El Segundo, Claim No 95 -13 17 Tnwell Properties Inc v City of El Segundo, Claim No 95 -14 18 Bob's Antiques (Bob Rinebold) v City of El Segundo, Claim No 95 -15 19 Cole Industries v City of El Segundo, Claim No 95 -16 20 Jack Siadek v City of El Segundo, Claim No. 95 -17 21 Clemens and Kozloski v City of El Segundo, Claim No 95 -18 22 Lester McIntosh v City of El Segundo, Claim No 95 -19 1 051 23. Clayton Blank v City of El Segundo, Claim No 95 -22 24 ESE v City of El Segundo, Claim No 95 -23 25 Pacific Science v City of El Segundo, Claim No 95 -24 26 Challenge Noble Inc v City of El Segundo, Claim No 95 -28 27 Edward Mowad v City of El Segundo, Claim No 95 -30 28 Reliable Tool v City of El Segundo, Claim No 95 -31 29 B/G Engineering v City of El Segundo, Claim No 95 -32 30 Edche Paul v City of El Segundo, Claim No 95 -33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 6 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c) 4 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to Ciri Business Only - 5 minute limit) ADJOURNMENT at 6.55 P M Cindy Mortesen, City Clerk 2 052 DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL APRIL 18, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 04 P M. INVOCATION - Rev Steven Sheilds, Supervising Minister, of the Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilwoman Fnedkin PRESENTATIONS - 1 Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Steve Klotzsche, Director of Finance, introduced Donna Kreter, Assistant Finance Director, and Laura Lohnes, Accountant 2 Proclamation declaring April 24 -28, 1995 as "Medal of Valor Week" and honoring El Segundo Firefighter Billy Johnson as a 1995 South Bay Medal of Valor recipient for his outstanding meritorious actions. Billy Johnson, Firefighter, and Jake Neilson, Fire Chief received a proclamation from Mayor Jacobson 3 Presentation by Kathy Darling, Manager of Development, Tree Musketeers, of the "Brown Bag It" Campaign to promote local programs and tree planting efforts in honor of Earth Day on April 22, 1995. Kathy Darling made a brief presentation about Brown Bag It and the Tree Musketeers 4 Proclamation commemorating April 30, 1995 as the 25th Anniversary of Old Town Music Hall. Bill Coffman, owner received a proclamation from Councilwoman Fnedkin ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkin - Present - Present - Present - Present arrived at 7 14 P M - Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit total) Seven (7) individuals addressed Council 1 Bill Campbell, McCarthy Ct ; requested a correction to the March 21, 1995 minutes specifically on his comments 2 Julie Burkley, resident; requested to speak now on the car wash issue because she can not stay for the remainder of the meeting. She expressed her support of the car wash project 3 Carl ( ?), 1630 E. Palm Ave requested to speak on the car wash project Mayor Jacobson stated that anyone wishing to speak regarding the car wash to please hold their remarks until the public hearing begins 4. Kristen Steinberg, representing the California Special Olympics requested an urgency approval of a one day alcohol beverage license for a special event MOVED by Councilman Switz SECONDED by Councilman Robbins to discuss this item that arose after the posting of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Jacobson requested to agendize the modification to the instruction given to staff at the last meeting on ABC license procedures to authorize the City Manager to have approval of one day alcohol beverage licenses 1 053 4 MOVED by Councilman Robbins SECONDED by Councilman Switz to authorize the City Manager to approve the one day ABC license for the Special Olympic event and any other one day permits that anse before an agenda item can be approved. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 5 Gad Church, 406 Virginia, spoke regarding an the Arbonst News and an article on El Segundo 6 Linda Collins, Chamber of Commerce, requested approval of an urgency item, Let's Do Lunch, for May 10, 1995. MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkin to discuss this item that arose after the posting of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to approval of the City support of the "Let's Do Lunch" program for May 10,1995. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 7 Gary Schultz, 227 E Oak; spoke regarding the tax base eroding and expressed his concerns about the denials of permits for new business and decrease of revenue B. SPECIAL ORDERS OF BUSINESS - Public Hearing on the appeal of the Planning Commission's denial of EA -359 and CUP 94 -6 for a car wash with a 2 rack mini-lube facility, and gasoline sales at 639 Sepulveda Blvd The project also includes a 2800 square foot 24 -hour retail store with prepared food and off -site consumption beer and wine sales, which is allowed without a CUP The revised proposal does not include gasoline sales Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission's denial of EA -359 and CUP 94-6 for a car wash with a 2 rack mini-lube facility, and gasoline sales at 639 Sepulveda Blvd The project also includes a 2800 square foot 24- hour retail store with prepared food and off -site consumption beer and wine sales, which is allowed without a CUP The revised proposal does not include gasoline sales He asked if proper notice of the hearing was done in a timely manner and if any written communications had been received regarding this hearing Clerk Mortesen stated that public hearing notice was done by the Planning & Building Safety Department and ten (10) letters and numerous phone calls had been received regarding this public hearing, and the Council has been provided with copies. 1 Terry Stambler -Wolf, representing the applicant, Thomas Ennis, requests continuance to facilitate the restructuring of his proposal and making full preparations, also she stated that because it was a holiday week it made it difficult for residents to attend the hearing Mayor Jacobson stated that there is a consensus to continue the public hearing, and requested those who can not be present for that hearing to speak now 2 Gabrela Barthel, resident; stated she is in favor of the car wash 3 Jan Ostrander, 1612 W Palm Ave. stated he does not oppose the car wash, but is concerned with the traffic, and requested the applicant to perform another traffic study 4. Resident, stated she is for business on Sepulveda, but does not want residential streets impacted 5. Ron Swanson, 1111 E Grand; spoke regarding the meeting Mr. Ennis held with the residents in the neighborhood, and his desire to work with the public 6 Oscar Robison, 120 W Grand, stated his views as a contractor and how to comply with the law and zoning code MOVED by Councilman Robbins SECONDED by Councilman Switz to continue the public hearing to May 2, 1995 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2 054 RECESS: 8:14 RECONVENE 8:30 ALL MEMBERS PRESENT COUNCILMAN ROBBINS ITEM TAKEN OUT OF ORDER FROM LATTER ON THE AGENDA Councilman Robbins - Problem of unscrambled cable television broadcasts of adult entertainment. 1 Wendy Jones, 321 Sycamore, spoke regarding the minuets of the March 21, 1995 meeting and requested her statement regarding the lack of scrambling, to be revised She further stated that the trap only scrambled a portion of the channels involved Councilman Robbins stated that Paragon will be notifying customers over a enod of 3 months, he also discussed the result from the contact with the FCC C. UNFINISHED BUSINESS 1 Status report on Amendment to the Agreement for Joint Use of Video Studio and Equipment between the City of El Segundo and El Segundo Unified School District. The School District has rescinded its notice to the City to vacate the Cable Studio facility Council consensus to direct staff and Council representatives to continue to negotiate changes to the agreement with the School District. Mayor Jacobson and Councilman Robbins not - participating on the following item and left the dias. Final approval of Memorandum of Understanding (MOU) between the City of El Segundo and the MTA for the preliminary design and environmental assessment of the proposed Del Norte Station, as amended pursuant to Council direction on April 4, 1995 MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to approve the Memorandum of Understanding (MOU) between the City of El Segundo and the MTA for the preliminary design and environmental assessment of the proposed Del Norte Station, and authorize the Mayor to execute the MOU MOTION CARRIED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING; MAYOR JACOBSON AND COUNCILMAN ROBBINS. 31012 Mayor Jacobson and Councilman Robbins returned to the dias D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Approval of revised El Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations Jim Fauk, Director of Recreation and Parks gave a brief staff report Marc Rener, Chairman of the Community Cable Advisory Committee also made comments for council. Council consensus to return to the committee and staff for further consideration and word changes to clarify the meanings and intent. 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 218460 - 218646 on Demand Register Summary Number 39 in total amount of $717,741 27 2 Warrant Numbers 218647 - 218775 on Demand Register Summary Number 40 in total amount of $376,867 51, and Wire Transfers in the amount of $140,303 00 3 ITEM PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4 ITEM PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN 5 ITEM PULLED FOR DISCUSSION BY CITY MANAGER 3 055 DRAFT MOVED by Councilman Robbins SECONDED by Councilman Switz to approve consent agenda items 1, and 2, MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, 1995 and April 4, 1995. Councilman Robbins requested this item to be held over to the May 2, 1995 meeting 4 Accept lowest bid in the amount of $61,799.92 from Kustom Signal Corporation and approve the purchase of eleven (11) in -car video recording systems Councilwoman Fnedkin stated that this is being paid for out of the Asset Forfeiture fund MOVED by Councilwoman Fnedkin SECONDED by Councilman Switz to accept the lowest bid from Kustom Signal Corporation and approve the purchase of eleven (11) in -car video recording systems. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 5. Results of the closed bid process for purchase of a 14 passenger paratransit bus as authorized by City Council. City Manager, Jim Morrison stated that the old van would be kept to be used for maintenance and occasional breakdown replacement use , MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkin to approve of the purchase of a 14 passenger paratransit bus from A -Z Bus Sales, Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS -CITY MANAGER Authorization to solicit bids for a rescue /ambulance MOVED by Councilman Switz SECONDED by Councilman Robbins to authorize the solicitation of bids for a rescue /ambulance MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Authorize the City Manager to enter into Indemnification/Hold Harmless Agreements between the El Segundo Fire Department and Police Department and El Segundo property owners for the exclusive purpose of Fire and Police Department training Council consensus to return the item to staff for clanfication and fine tuning 3. Six month review of operating license issued to Stick & Stein located at 707 N Sepulveda as requested by Council. Jim Morrison gave a brief staff report Tim Gnmmond addressed the complaints and amount of time spent by the PD for response Joe Parente, Owner guaranteed that there are security guards in and out of the parking lot at all specified hours plus from 3 00 A M. 6 A.M. in the closed establishment He stated they felt they could prevent more parking lot problems by quelling any problem before it reached the parking lot Mayor ProTem Weston requested that the owners police the problem so the Police Department does not have to continually respond George Stevens, Owner, asked exactly what the Council wished and further stated the they felt they were complying. Councilman Switz stated that the ABC license required a guard in the parking lots between the hours of 9 00 P.M and 3 00 A M and that was what Council was requesting Mr Stevens responded that that would be done G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE 056 ORV t. J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - Commented on an article in the Beach Reporter by Garrison Frost Jr regarding El Segundo Councilman Robbins - 1 Problem of unscrambled cable television broadcasts of adult entertainment Stated he will contact Paragon to request more frequent notification to subscribers. Councilman Swilz - NONE Mayor ProTem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 10 04 P.M May 2, 1995 at 5.00 P M Cindy Mortesen, City Clerk 5 057 R ' '_ S MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL May 2, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5 00 P M PLEDGE OF ALLEGIANCE - Councilwoman Freidkin ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Friedkm - Present - Present - Present - Present arrived at 5 15 P M - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et M) 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows- CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) I Summerfield tax litigation, Case No BC 106640 2 Chaffin v City of El Segundo, USDC Case No CV94 4444AWT(BQRx) 3 Harrison vs City of El Segundo et al, USDC Case No CV94- 8264DT (BQRx) 4 Vivian v City of El Segundo, Case No BC 122791 5 Kilroy Airport Imperial Co et al v City of El Segundo, Case No 2Civ B 058553 6 An Tran v City of El Segundo, Claim Nos. 94 -08, 94 -21 7 Robert Solam v City of El Segundo, WCAB (unassigned) 8 City of Los Angeles v City of El Segundo, Case Noa, BC 034185 9 El Segundo v Stephen S Rocco, d/b /a/ Big Brother, et al, Case No YC 19865 10 City of El Segundo v City of Los Angeles (LAX), Claim No 95 -00014 Claims Re Rain Damaee 11 Octabio Ramirez v City of El Segundo, Claim No 95 -02 12 Federico Ramirez v City of El Segundo, Claim No 95 -04 13 John Peters v City of El Segundo, Claim No. 95 -04 14 A J Neil v City of El Segundo, Claim No 95 -06 15 Bill and Jean Bue v City of El Segundo, Claim No 95 -09 16 Jon Prescott v City of El Segundo, Claim No 95 -11 17 Ed and Susan Ash v City of El Segundo, Claim No 95 -12 18 T L Douglas Co v City of El Segundo, Claim No 95 -13 19 Triwell Properties Inc v City of El Segundo, Claim No, 95 -14 20 Bob's Antiques (Bob Rmebold) v City of El Segundo, Claim No 95 -15 21 Cole Industries v City of El Segundo, Claim No 95 -16 22 Jack Siadek v City of El Segundo, Claim No 95 -17 23 Clemens and Kozloski v City of El Segundo, Claim No 95 -18 24 Lester McIntosh v City of El Segundo, Claim No 95 -19 1 5/]/95/5[ 058 25 Clayton Blank v City of El Segundo, Claim No 95 -22 26 ESE v City of El Segundo, Claim No 95 -23 27 Pacific Science v City of El Segundo, Claim No 95 -24 28 Challenge Noble Inc v City of El Segundo, Claim No 95 -28 29 Edward Mowad v City of El Segundo, Claim No 95 -30 30. Reliable Tool v City of El Segundo, Claim No 95 -31 31 B/G Engineering v City of El Segundo, Claim No 95 -32 32 Eddie Paul v City of El Segundo, Claim No 95 -33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 7 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c) 5 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957), 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Onlv - 5 minute limit) ADJOURNMENT at 6 55 P M. Cindy Mortesen, City Clerk E 059 5/2/95/5 DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 2, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:04 P M INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - Announcement of Residential Clean -Up Week, May 1 -5, 1995, in the City of El Segundo and Household Hazardous Waste Collection Day on June 3, 1995 Mayor Jacobson made the announcement Proclamation declaring Saturday, May 13, 1995 as "Fire Service Day" in the City of El Segundo and encouraging all citizens to visit an Open House at the Headquarters' Fire Station between 10.00 a.m and 2 00 p m on that day Fire Chief Jake Nielson received the proclamation from Mayor Jacobson Proclamation declaring the week of May 14 -20 as "Police Week" in the City of El Segundo and recognizing May 18, 1995 as "Police Officers Memorial Day" honoring those El Segundo Police Officers and others in the South Bay who have given their lives in the line of duty. (Chris Barrett to receive proclamation) Chris Barrett received the proclamation from Mayor ProTem Weston Tim Grimmond presented to the Council an award received from Cal State Fullerton for being named the Number One Police Department in Los Angeles County on a community satisfaction survey This project surveyed citizen satisfaction in 76 jurisdictions within Los Angeles County El Segundo Police Department received a 3 71 rating out of 4 00. 4 Proclamation declaring May, 1995 as "Older Americans Month," encouraging all residents to participate in the Elderfest Celebration on May 20, 1995, and recognizing Robert M. Bramhail as the 1995 El Segundo Senior Citizen of the Year Bob Bramhall received the proclamation from Councilman Switz El Segundo Optimist Club oratorical contest winners who will go on to compete with other youths in different cities having Optimist Clubs (introduced by Hank DeVisser, Chairman of the Oratorical Contest committee) Farah Billimona and Adam Scheil were introduced to Council by Hank DeVisser The winners gave speeches entitled "Listen to me" Councilwoman Fnedkin announced that Hyrum Fedje had authored an article in Western Cities ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkm - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit total) Four (4) individuals addressed Council 1 Steve Storm, Resident, updated Council and the public on the noise abatement project and action being taken by air controllers 1 5/2/95 HIM 060 2. Bill Mason, Rotary Club; extended an invitation to all for an "Evening of Promise" May 6, 1995, to raise funds for the El Segundo Unified School District 3. Jane Doe, #151, spoke regarding the actions taken by the applicant of the car wash 4. Frank Wong, 435 Valley; spoke regarding overflights of the city and their potential dangers. 5. Bill Mason, Economic Development committee of the Chamber of Commerce; urged the Council to look at the proposals objectively, study the facts and determine what they may bring or not bring to the community. 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 resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkin to reverse the order of the Special Orders of Business. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN.NOES: COUNCILMAN ROBBINS. 411 Councilman Robbins stated he voted no due to the amount of people here for the Car Wash project. City Attorney Lee Dolley gave a summary of the Council's charges on amending the Precise Plan and the amendment findings. He also summarized CUP and Variances, the proposed findings. Public Hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E Rosecrans and 831 & 871 S. Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail /office complex Applicant, Continental Development Corporation Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E Rosecrans and 831 & 871 S. Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail /office complex. Applicant Continental Development Corporation. He asked if proper notice of the hearing had been done in a timely manner, and if any written communication had been received regarding this matter. Clerk Mortesen stated that notice had been done by the Planning and Building Safety Department and one written communication had been received and had been provided to the Council Councilman Robbins asked if he had any conflict of interest in this matter City Attorney Lee Dolley stated that he did not. Pat Stitzenburger made the presentation for Continental Development Corporation and explained the main points of the project Mayor Jacobson opened the Public Hearing. No individuals addressed Council. MOVED by Councilman Robbins SECONDED by Councilman Switz to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council discussion and questions followed City Attorney Lee Dolley read the following: 5/2/95 MIN 061 DRAFT RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -350 AND ADOPTION OF A MITIGATION MONITORING PROGRAM, APPROVING AN AMENDMENT TO PRECISE PLAN 12 -782, TO ALLOW A 3,550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETAIL/OFFICE, AND JOINT USE PARKING AT 2041 E. ROSECRANS AVE. AND 831, 970 S. NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to adopt Resolution No. 3917 amending the Precise Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Jacobson and Councilman Robbins not - participating on this item, and left the dias Public Hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94- 5, and Variance 94 -1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E. Imperial Highway. The proposal includes 1 variance request for the siting of loading spaces. The onginal project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width. The project has been redesigned to meet these two code requirements Applicant: The Midway Companies for Burlington Air Express. Mayor ProTem Weston stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94 -5, and Variance 94-1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E Imperial Highway The proposal includes 1 variance request for the siting of loading spaces The ongmal project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width. The project has been redesigned to meet these two code requirements He asked if proper notice of the hearing had been done in a timely manner and if any written communications had been received regarding this matter Clerk Mortesen stated that public hearing notice had been done by the Planning and Budding Safety Department and no written communications had been received regarding this matter Hyrum Fedle, Director of Planning and Building Safety gave a brief staff report. Bo Sanford of the Midway Co., developer for Burlington Air Express, explained the plan with graphics and compatibility of the project Mayor ProTem Weston opened the public hearing 1 Alan Powell, 318 Sheldon, urged Council to view this project favorably 2 Mike Merk, Representing Burlington, introduced the firms executives 3 Bob Yeagley, 824 Maryland, pointed out the traffic impact to the area. MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to close the public hearing 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 3/0/2 Mayor ProTem Weston and Councilwoman Friedkin stated they had met with Burlington executives to discuss the plan and Burlington had stated that they are willing to work with the City on this project Councilman Switz stated that he discussed the traffic issue with a representative and they were confident that any problem would be solved 062 5/2/95 MIN City Manager Jim Morrison stated that Burlington has agreed to an annual mitigation fee equal to business license tax, payment of a traffic mitigation fee of $1 per square foot of budding, inclusion of a specific landscaping plan that includes mature landscaping installation of a wall and landscaping sufficient to block public view of the north facing loading docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to direct staff to prepare a resolution for approval with the following points included- an annual mitigation fee equal to the business license tax, payment of traffic mitigation fee of $1 per square foot of building, inclusion of a specific landscaping plan that includes mature landscaping, installation of a wall and landscaping sufficient to block public view of the north facing docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant. Certificate of Occupancy to be held pending completion of these items. 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 RECESS 9:18 P.M. RECONVENE 9:35 ALL MEMBERS PRESENT 3 Continued Public Hearing on the appeal of the Planning Commission's denial of EA- 359 and CUP 94 -6 for a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C U P The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a m -12 midnight Applicant Tom Ennis, N/S Corporation. Mayor Jacobson stated this is the time and place hereto fixed for a continued public hearing on the appeal of the Planning Commission's denial of EA -359 and CUP 94-6 for a car wash with a 2 rack mini-tube facility, at 639 Sepulveda Blvd The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C.0 P. The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a m -12 midnight He asked if proper notice of the hearing was done in a timely manner and if any written communications had been received regarding this hearing Clerk Mortesen stated that public hearing notice was done by the Planning & Building Safety Department and five (5) letters and numerous phone calls had been received regarding this public hearing, and the Council has been provided with copies Hyrum Fedje, Director of Planning and Budding Safety gave a brief staff report Tom Ennis, applicant presented the project. Mayor Jacobson opened the public hearing The following people spoke in favor of the Car Wash project Tony Barthel Janice Crwkshank John Hone Bobbi Richardson Drew Candle Joe McKensie Sally Mau Alan Powell Linda Collins Garrett Smith Bob Metcalf Charles Pulsey Gad Church Richard Fern Wants Palm Barricaded Wants Palm Barricaded Wants Palm Barricaded 4 063 5/2/95 MIN DRAFT The following people spoke in opposition of the Car Wash project Carl Neal Frank Von Flue Rick Henna Debra Davis Kirk Stemum Christine Gianto Susan Malts Lottie Gilley Annette Latshaw Joan Redbook Willard Krick Lorraine Neal Frank Wong Brian Clark Mark Ortega Jane Doe, #153 Bob Yeagley Jm Win Steve Edlefson Barbara Eden The following made comments on their support or opposition Chuck deDeurwaerder, presented his proposal for the layout of the car wash and discussed parking and stall sizes. Nancy Cobb, 1218 E. Sycamore, Chamber of Commerce President, requested the Council to set aside emotion and focus on the solution. She requested the Council to do what is right and fair for the total community and approve the request. Sandra Jacobs 402 Hillcrest, Economic Development Committee, stated the committee supports the car wash project Jane Doe, #151, opposes the car wash, presented Council a packet (attached) with code and General Plan citations stating why the project should not be approved MOVED by Mayor ProTem Weston SECONDED by Councilman Robbins to extend the speaking time for the above person five (5) minutes. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: COUNCILMAN SWITZ 411 Sean Mahon, 316 Manposa, Planning Commissioner, stated if he had not had a perceived conflict of interest, the Planning Commission vote would have been 3/2 in favor of the project MOVED by Councilman Switz SECONDED by Councilman Robbins to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkm to re -open the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Councilman Robbins asked if he had any conflict of interest regarding this matter City Attorney Lee Dolley stated that he had none Mr. Ennis, applicant responded to the problems expressed, and further stated he is willing to work with the citizens and the Council to facilitate the approval of the project Terry Stambler- Wolfe, attorney for the applicant, addressed concerns and requested the Council continue the matter to help council disseminate the information and provide Mr Ennis more time to work with the public and Council concerns. �;'vyar;�iso�rr %'y sr- r''i'9 � /ate {rfv��i� ei:��� %�:� >'�: °l'otsv�s:° -• _• • • • applicant, and discussed their concerns and the project as a whole MOVED by Councilwoman Fnedkin SECONDED by Councilman Switz to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilwoman Fnedkm SECONDED by Mayor ProTem Weston to direct staff to prepare a resolution denying the appeal MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: NONE ABSTAIN: MAYOR JACOBSON, AND COUNCILMAN SWITZ. 31012 5 06 A 5/2/95 MIN 'iA C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1 Request for City Council to extend the 5.00 p m, April 28, 1995 filing deadline and re- advertise for vacancies on the Economic Development Advisory Council; Investment Advisory Committee; Library Board of Trustees, Metropolitan Cooperative Library Systems Advisory Board; Planning Commission, Recreation & Parks Commission, Senior Citizen Housing Corporation Board, and the Wall of Honor Committee Council consensus to extend the filing deadline May 31, 1995 5.00 P.M 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 218778 - 218973 on Demand Register Summary Number 41 in total amount of $857,511 00 2. Warrant Numbers 218974 - 219101 on Demand Register Summary Number 42 in total amount of $115,785 57, and Wire Transfers in the amount of $619,980.43 3 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4 Award contract No 2393 for Modifications to Sanitation Pumping Plant No 8 (Project No PW 94 -9) to R C Foster Corporation (contract amount - $104,967.00). 5 Adopt Plans and Specifications No PW 94 -10 for the Recoatmg of Interior and Exterior Surfaces of 200,000 Gallon Elevated Steel Water Tank (estimated cost - $150,000). 6 Agreement No 2392, between the City and the County of Los Angeles for the relocation of the County's injection and observation wells in connection with the proposed widening of Sepulveda Boulevard, between Rosecrans Avenue and El Segundo Boulevard (City cost. $1.4 million to be reimbursed by the Metropolitan Transportation Authority) 7 Six (6) month status report by the Traffic Committee regarding traffic concerns in the vicinity of the Washington Street and Palm Avenue intersection MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve consent agenda items 1, 2, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, 1995, April 4, and 18, 1995 Councilman Robbins requested this item be held over to the May 16, 1995 meeting F. NEW BUSINESS - CITY MANAGER - 1 Report on Alcoholic Beverage Control (ABC) licensing requirements for ownership transfers and one -day licenses MOVED by Councilman Switz SECONDED by Mayor ProTem Weston to authorize the Police Chief to review one -day ABC licenses upon notification of the application by the ABC MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 - NONE Councilman Robbins - Spoke regarding the Oklahoma City bombing tragedy and the exploitation by the media. He also requested to adjourned the meeting in memory of the victims Councilman Switz - NONE Mayor ProTem Weston - Thanked the Chamber of Commerce for the recent Ribbon cutting ceremonies 6 Q 6 C 5/2/95 MIN DRAFT Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 1. J Wilson, resident wished the 2 new businesses in town a warm welcome MEMORIALS - In memory of the Oklahoma City bombing victims. CLOSED SESSION - NONE ADJOURNMENT at 2:00 A.M. May 3, 1995 to May 16, 1995 5 00 P M Cindy Mortesen, City Clerk 7 O 6 C 5/2/95 MIN DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL May 16, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5.00 P.M PLEDGE OF ALLEGIANCE Councilman Switz ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present arrived at 5 15 P.M Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS -(Related to City Business On -5 minute limit per person, 30 minute limit total) Six (6) individuals addressed Council 1 Mark Devo, Cole Industries; requested if a decision had been made or when it would be made on his rain damage claim Mayor Jacobson stated he cannot give a date for a resolution of the rain claims. City Manager, Jim Morrison stated this is a subject of closed session and it has been and is on the closed session agenda. 2 Bob Rmebold, expressed his concerns with the unresolved flood damage claims 3 Hrlan Deiter, Business owner, expressed his concerns with the unresolved flood damage claims, and stated Council should at least let people know at what stage the claims are. 4 Eddie Paul, businessman, expressed his dissatisfaction at the way the flood damage claims are being handled 5 Dave Debelski, Challenge; expressed his concerns with the flood damage claims and how they are being handled. 6 Jerry Johnson, businessman; expressed his concerns with what should be done until the new pumps are installed and what the City has planned as an interim solution CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et sec ) 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 Gov't Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 Summerfield tax litigation, Case No. BC 106640 2 Chaffin v. City of El Segundo, USDC Case No. CV94 4444AWT(BQRx) 3 Harrison vs. City of El Segundo et al, USDC Case No. CV94- 8264DT (BQRx) 4. Vivian v City of El Segundo, Case No. BC 122791 5 Mark Ross v City of El Segundo, WCAB (unassigned) 067 6 City of Los Angeles v City of El Segundo, Case Noa BC 034185 1 5 -16 -95 5pm DRAFT 7 El Segundo v Stephen S. Rocco, d /b /a/ Big Brother, at al, Case No YC 19865 8. Glenn Barrier v. City of El Segundo, LASC Case No YCO 19914 Claims Re Rain Damage 9 Octabio Ramirez v. City of El Segundo, Claim No 95-02 10 Federico Ramirez v City of El Segundo, Claim No. 95 -04 11 John Peters v City of El Segundo, Claim No 95 -04 12 A J Ned v City of El Segundo, Claim No 95 -06 13 Bill and Jean Bue v City of El Segundo, Claim No. 95-09 14 Jon Prescott v City of El Segundo, Claim No 95-11 15. Ed and Susan Ash v City of El Segundo, Claim No. 95 -12 16. T. L Douglas Co v City of El Segundo, Claim No 95-13 17. Tnwell Properties Inc v. City of El Segundo, Claim No 95-14 18 Bob's Antiques (Bob Rinebold) v City of El Segundo, Claim No 95-15 19 Cole Industries v. City of El Segundo, Claim No. 95-16 20 Jack Siadek v. City of El Segundo, Claim No. 95-17 21 Clemens and Kozloski v City of El Segundo, Claim No 95-18 22 Lester McIntosh v. City of El Segundo, Claim No 95-19 23 Clayton Blank v. City of El Segundo, Claim No. 95-22 24 ESE v City of El Segundo, Claim No 95 -23 25 Pacific Science v City of El Segundo, Claim No 95 -24 26 Challenge Noble Inc v City of El Segundo, Claim No 95-28 27 Edward Mowad v City of El Segundo, Claim No 95 -30 28 Reliable Tool v City of El Segundo, Claim No. 95 -31 29 B/G Engineering v City of El Segundo, Claim No 95 -32 30 Eddie Paul v City of El Segundo, Claim No 95 -33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956.9(b). 6 potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code Section 54956.9(c) 2 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957). 2 Matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957.6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) ADJOURNMENT at 11 10 P M Cindy Mortesen, City Clerk (M 2 5 -16-95 5pm DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 16, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 03 P.M. INVOCATION - Rev John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE - Mayor ProTem Weston PRESENTATIONS - 1 Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Hyrum Fedie, Director of Planning & Building Safety introduced Lisa Yamell Fire Protection Inspector II and Evelyn Gossett, Office Specialist II Police Chief Tim Gnmmond introduced Gregory Howden, Lateral Transfer Police Officer and Eric Lennstrom, Police Officer Ed Schroder, Director of Public Works introduced Stephen Van Schoyck, Lead Custodian. 2 Proclamation declaring the week of May 21 -27, 1995 as "National Public Works Week' in the City of El Segundo and recognizing the contributions that public works officials make to our everyday health, safety and comfort Tom Curtis, Water Lead Worker, and long time employee, received the proclamation from Mayor Jacobson. 3 Proclamation declaring June 3, 1995 as "Law Enforcement Records & Support Personnel Day" in the City of El Segundo Fern Ruiz, El Segundo Police Department, received the proclamation from Councilwoman Fnedkin 4 Ed Little, West Basin Municipal Water District presented a savings bond and winning ribbon to the winner of the poster contest for water conservation month, Melissa Murphy ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Five (5) individuals addressed Council 1 Lon Dustin, Kilroy Industries. requested when she could speak about item C -2 Mayor Jacobson stated at the time the item is on the agenda 2 Annette Latshaw, 1547 E Palm, spoke regarding the draft minutes for 5/2/95 information regarding the car wash item. Mayor Jacobson stated that the information is contained in the Resolution. 3 Dick Fern, 200 W Walnut, representing the Capitol Improvement Project Advisory Committee, he thanked Council for the opportunity to work on this project and stated the committee would be available for any questions 4 (Herb Kelly, 525 W. Penn St) expressed his concern with the minute process and their contents, the City Attorney process, and the City finances. 5 Frank Wong, 435 Valley St expressed his concerns with the contents of the minutes Also requested the Council to address budget concerns. 069 1 5 -16.95 7pm DRAFT 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 resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS - 1. Adoption of a resolution consistent with Council direction of May 2, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environment Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini-lube facility at 639 Sepulveda Blvd Applicant. Mr Tom Ennis, N/S Corporation City Attorney Lee Dolley stated that there had been some changes to the proposed resolution that is being handed out to Council and the public at this time Councilman Robbins stated that he had concerns with the Resolution not stating that the parking, did not meet the zoning code requirements. Mayor ProTem Weston stated there was confusion regarding the parking requirements, and stated that parking was addressed in the resolution and he is comfortable with how it is addressed Alan Powell, 318 Sheldon requested to address Council. City Attorney Lee Dolley stated that the public hearing has been closed and there is no further provision for public input on this item Taking further testimony would make it difficult for the parties involved and the Council Mayor Jacobson stated they would vote first and then allow public comments City Attorney Lee Dolley read the following: RESOLUTION NO. 3918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 94 -6, TO ALLOW A CAR WASH WITH A MINI -LOBE FACILITY AND ACCESSORY USES, INCLUDING A 24 HOUR MINI -MART WITH FOOD AND OFF -SITE CONSUMPTION BEER AND WINE SALES, AND REJECTING A PROPOSED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT (EA -359), FOR THE PROJECT LOCATED AT THE SOUTHWEST CORNER OF SEPULVEDA BLVD. AND PALM AVENUE, 639 N. SEPULVEDA BLVD. PETITIONED BY THOMAS G. ENNIS, NIS CORPORATION MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkin to adopt Resolution No 3918 denying the appeal of the Planning Commission decision, thereby denying Environment Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini-lube facility at 639 Sepulveda Blvd. Applicant Mr. Tom Ennis, N/S Corporation, in its final version presented to Council this evening, with the addition change to page 2 section 5, the last sentence where the first occurrence of the word east be changed to west MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: MAYOR JACOBSON AND COUNCILMAN SWITZ 3/2 Councilman Switz stated he voted no, and had he been in possession of the information he has now, two weeks ago, he would have supported the project at that time. Mayor Jacobson stated two weeks ago he wanted to study a few things further, and felt there was more work to be done on the matter, but felt he would have eventually come to the same conclusion as the other 3 councilmembers Councilman Robbins stated for the public record, his position for voting to deny the conditional use permit for the car wash as he stated in the past that a CUP is not a right of the zone and also that 2 070 5 -16-95 7pm DRAFT the City Council could not make the three necessary findings, at least the majority could not, and further more that the project did not comply with the cities zoning code or the General Plan Alan Powell, 318 Sheldon, expressed his concerns with the emotionalism involved in this decision and the lack of courtesy from both sides He further thanked the Council for the public hearing on this matter Terry Stambler - Wolfe, stated Mr. Ennis had been denied a proper hearing on this matter and he was not given a fair opportunity to respond to any comments during the public hearing. She further stated that there are findings in the resolution that are not accurate, and she did not received a copy of the resolution until Monday before the meeting, nor was she advised of the changes to the resolution 2. Adoption of a resolution consistent with Council direction of May 2, 1995 to approve the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance No 94 -1 to allow a new Air Freight Forwarding and Office Facility at 2310 E. Imperial Highway Applicant The Midway Companies for Burlington Air Express. Mayor Jacobson and Councilman Robbins not - participating on this item, City Attorney stated the difficulties incurred once a public hearing has been closed and then the Council receiving further public testimony regarding the item The Municipal Code does not provide for the re- opening of a public hearing, nor provide for further testimony Notice of the public hearing requires persons who are going to present evidence to present it during the hearing For Council to consider information outside of the public hearing does not give an equal opportunity for response Since there is no ability to re -open the public hearing, the Municipal code does provide tfor the matter to be sent back to the Planning Commission for further discussion He further stated that a legal issue may be addressed but not ments pro or con to the issue Hugh Greenup, Senior Vice President, Kilroy Industries, stated that there are a number of significant concerns for this project and requested final action be delayed and a public hearing be reopened at a later dated He also presented the Clerk with documents City Attorney Lee Dolley stated the documents will be held by the Clerk Council discussed the contents of the Resolution. City Attorney Lee Dolley read the following: RESOLUTION NO. 3919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 94-5 AND VARIANCE 94 -1 FOR THE SITING OF LOADING SPACES, AND CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT EA -352, TO ALLOW A NEW 93,800 SQUARE FOOT AIR FREIGHT FORWARDING FACILITY ON A VACANT LOT LOCATED AT 2310 E. IMPERIAL HIGHWAY, PETITIONED BY: THE MIDWAY COMPANIES FOR BURLINGTON AIR EXPRESS. MOVED by Councilman Swtiz SECONDED by Councilwoman Friedkm to adopt Resolution No 3919, approving the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance No. 94 -1 to allow a new Air Freight Forwarding and Office Facility at 2310 E Imperial Highway Applicant* The Midway Companies for Burlington Air Express 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 Mayor Jacobson and Councilman Robbins returned to the dias. 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 071 3 5 -16-95 7pm 9-. 1 Warrant Numbers 219102 - 219292 on Demand Register Summary Number 43 in total amount of $617,966.95. 2. Warrant Numbers 219293- 222115 on Demand Register Summary Number 44 in total amount of $111,609 01, and Wire Transfers in the amount of $144,765 66 3 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5 ITEM PULLED BY THE CITY MANAGER 6 Adopt Plans and Specifications No. PW 95 -1 for Repair of Sewer Main Lines 1994 -95 (estimated cost - $110,000) 7. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8. Sports Lighting Improvements at the Richmond Street Middle School Field and Recreation Park Project No PW 94 -7. (Final contract amount $131,480) 9 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 10 PULLED FOR DISCUSSION BY MAYOR JACOBSON 11 PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN MOVED by Councilman Switz SECONDED by Councilman Robbins to approve consent agenda items 1, 2, 6, and 8 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, April 4, April 18, and May 2, 1995. Held over to later in the meeting 4 Approval of Amendment to the Agreement 1713A, for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District Councilman Robbins stated that he is concerned with the School Board not accepting liability for School Board meetings City Attorney Lee Dolley stated that as such the School Board meeting is a public meeting and the City does not take liability for any public meeting MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve the Amendment to the Agreement 1713A, for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District MOTION PASSED BY UNANIMOUS VOICE VOTE 510 5 Resolution adopting Disability Retirement Procedures for local safety members and delegating to the Director of Human Resources /Risk Management and City Manager /designee the authority to make preliminary and proposed determinations of disability for the purpose of safety member disability retirements or disability retirement cancellations Fiscal impact. Limited to costs required to conduct hearings. Item held over. 7. Award Contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No. PW 94 -14, to Pavement Coatings Company (contract amount - $68,972 88) Councilman Robbins not - participating on this item due to a possible conflict of interest MOVED by Mayor ProTem Weston SECONDED by Councilman Switz to award Contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No. PW 94 -14, to Pavement Coatings Company (contract amount - $68,972.88). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES; NONE. NOT - PARTICIPATING: COUNCILMAN ROBBINS. 4/0/1 The City of El Segundo is the recipient of awards in both budgeting and financial reporting from the National Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO). Councilman Robbins recognized staff for the award and City Manager gave a brief description of the award MOVED by Councilwoman Fnedkin SECONDED by Councilman Robbins to receive and file the notice of the award MOTION PASSED BY UNANIMOUS VOICE VOTE 510 072 4 5.16 -95 7pm DRAFT 10 Proposed Contract No 2394, 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 Mayor Jacobson requested this item be held to June 6, 1995 meeting 11 Ownership transfer of existing Alcoholic Beverage Control (ABC) license for on -site beer and wine sales at Hana Haru restaurant at 409 Main Street, with no change in type of ABC license or use. Council directed staff to notify Council whenever a transfer takes place. Mayor Jacobson requested that any item of this type be put on the Consent Agenda for Council notification and input purposes, MOVED by Councilwoman Fnedkin SECONDED by Councilman Switz not protest the transfer of the existing Alcoholic Beverage Control (ABC) license for on -site beer and wine sales at Hana Haru restaurant at 409 Main Street, with no change in type of ABC license or use MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER - Resolution of the City of El Segundo declaring its intention to provide for the abatement of weeds Ed Schroder, Director of Public Works gave a brief staff report Councilwoman Fnedkin requested aesthetics should be addressed on this as well as safety Mayor Jacobson requested Mr. Schroder check out Richmond Street and Holly Avenue Mr. Schroder stated he will notify the Fire Department City Attorney Lee Dolley stated this is the first part of the process and a public hearing must be held, but it rarely goes beyond this stage City Attorney Lee Dolley read the following RESOLUTION NO. 3920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTIONS TO PROVIDE FOR THE ABATEMENT THEREOF. MOVED by Councilwoman Fnedkin SECONDED by Mayor ProTem Weston to adopt Resolution No. 3920, declaring the City's intention to provide for the abatement of weeds MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Request authorization to schedule a City Council workshop to discuss the police and Fire 911 communications project Consensus of the Council to schedule June 5, 1995, 7.00 P M at the Matsui International Meeting Room, and the El Segundo Public Library for a workshop to discuss the police and Fire 911 communications project. Distribution of Preliminary Budget document for FY 95/96 and request to schedule City Council workshops and public hearing to discuss FY 95/96 budget matters City Manager Jim Morrison gave a brief staff report Council received the document and scheduled June 3, 1995, 9 00 A M in the Council Chambers for workshop and June 6, 1995, regular Council Meeting for the public hearing to discuss FY 95/96 budget matters Council consensus for the guidelines to be used during the workshop are as follows 1) Heads of each City department attend the meeting to provide the City Council a short presentation concerning their department's budget If possible a seating arrangement with microphones should be provided for the department heads to allow easy dialogue with the City Council 2) Immediately following each presentation, the City Council discusses the section of the 073 5 5 -16 -95 7pm FoliX.-ATAI budget with the department head and City Manager Each Councilmember is allowed five minutes to ask questions, comment or othewise discuss the budget for the department under consideration The time allotted each Councilmember can be used (or not used) according to the Councilmember's desire. 3) The Council would retain the flexibility to alter, amend, or otherwise change the above procedures by unanimous consent or a simple majority vote Councilman Switz requested staff to prepare a curve to show how the % of General Fund has vaned over the last five years, for salanes and benefits G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - Retention & Destruction Policies. Council requested this item be held so Councilmembers could submit suggestions and changes and brought back at a later date Council also directed a Resolution be prepared reflecting the same procedure for audio tapes as video tapes NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - Discussion and possible action with regard to the Zoning Code provisions for parking and landscaping requirements in commercial and industrial zones. Councilwoman Fnedkin gave a bnef report on her concems Council consensus to refer this item to the Planning Commission for the quarterly zoning code review Discussion and possible action with regard to Zoning Code provisions for vacant or unoccupied lots (residential, commercial and industrial) and maintenance responsibilities Councilwoman Fnedkin gave a brief report on her concerns Council consensus to refer this item to the Planning Commission for the quarterly zoning code review. Councilman Switz Councilman Switz requested to agendize time limitations for Council meetings Councilman Robbins - Status report on business retention and attraction program. Councilman Robbins gave an oral report on the Business retention and attraction program He further stated that El Segundo is alive and active as a good home for business as well as residents 2 Need to address problem of excessive errors and omissions in City Council minutes Councilman Robbins began a report on this item He requested a ruling from the City Attomey on the authority of the Council for amending and approving the minutes Mayor Jacobson asked Council if they wished to have the City Attomey spend time on this matter MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkin to note Councilman Robbins objections and take them under consideration, and possibly agendize this at the next meeting, and cease discussion tonight on this item 074 6 5 -16 -95 7pm DRAFT City Attorney Lee Dolley ruled on the Council obligation that the Clerk has a duty to keep accurate records of the proceedings and Council has a duty to cause the Clerk to keep accurate records. Read together there is no question that the City Clerk has a duty and obligation to prepare minutes Ultimately, if the City Council were to disagree as to the minutes, not approve them, the City Council does have an opportunity to review the minutes and make comments on them. The City Council would retain ultimate power and authority to cause the City Clerk to keep a correct record of City Council proceedings Mayor Jacobson called the question MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS. 411 Council consensus to hold over the consent agenda item number 3, Council minutes, to June 6, 1995. 3 Past sewer fees not billed or collected as required by City ordinance. Councilman Robbins gave a brief report on this item MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm, not to collect any past sewer fees not billed. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTAINING: COUNCILMAN ROBBINS 41011 4 City policy on the use of public funds for City employees to loin professional organizations and attend meetings where votes are taken on issues of public policy and political lobbying efforts Councilman Robbins held the item 5 Need to revise General Plan and Zoning Code to correct internal inconsistencies and unreasonable assumptions, and re- examine development densities and parking requirements Councilman Robbins gave a brief report MOVED by Councilman Robbins to direct the Planning Commission to identify the internal inconsistencies within the General Plan MOTION DIED DUE TO LACK OF SECOND 6 Status of City Attorney bill audit, prospects for reductions in past billings and in the City Attorney budget for FY'95/96 City budget, and alternative methods of providing City Attorney services MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkm to cease discussion on this item in open session and brief Councilman Robbins in close session on this matter. MOTION PASSED BY THE FOLLOWING VOICE VOTE., AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS. 4/1 Mayor ProTem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) MEMORIALS - Adjournment in Memory of William 'Bill" Cameron CLOSED SESSION - 10 27 P M The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et se ) 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 , May 16, 1995 under "Closed Session" (if needed). ADJOURNMENT at 11 10 P M to June 3, 1995 at 9 00 A M Cindy Mortesen, City Clerk 075 5 -16-95 7pm EL SEGUNDO CITY COUNCIL MEETING DATE: 06/06/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION. Agreement with Lance, Soil, & Lunghard for a compliance audit of transient occupancy tax (TOT) revenues for the fiscal year ended June 30, 1995. ($4000) RECOMMENDED COUNCIL ACTION: 1. Approve agreement. 2 Authorize the Mayor to execute the agreement on behalf of the City of El Segundo. BRIEF SUMMARY: Staff requested informal responses from four accounting firms and the results were as follows 1 Lance, Soil, and Lunghard $4,000 2 Municipal Resource Consultants $7,500 3. David M. Griffith and Assoc., Ltd $7,900 4. Hinderliter, de Llamas & Associates $15,000 Staff is satisfied with the qualifications of all four responding firms, and therefore recommends using the lowest proposal ATTACHED SUPPORTING DOCUMENTS: 1 Proposed agreement. 2. Scope of services FISCAL IMPACT: (Check one) Operating Budget: d Capital Improv. Budget: Amount Requested. $4000 Project /Account Budget: $30.000 Project /Account Balance: $14.051.25 Date: 5 -23 -95 Account Number 001 - 400 - 2501 -6214 Project Phase: Agreement for consultant services Appropriation Required - Yes! No d ORIGINATED BY- Steve Klotzsche, Director of Finance JameS]X7�Norrison, City Manager N TAKEN: Date: Date: S / cc/ � 3o-ff- 076 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT ( "Agreement "), made and entered into this day of , 19 , between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Lance, Soll , & Luna hard, hereinafter referred to as "Consultant ". The parties hereto mutually agree as follows: SECTION 1. RECITALS. This agreement is made and entered into with respect to the following facts: a. That the City is desirous of obtaining the services of a qualified consulting service to perform a transient occupancy tax audit; and b. That the City has sought and considered proposals by various persons to perform such services; and C. That Consultant has been selected by the City as the most qualified to provide such services and Consultant has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and d. That the legislative body of the City has determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. SERVICES. Consultant agrees to and shall perform all work required and reasonably necessary in order to provide the services ( "Services ") to the City as set forth in Exhibit A, attached hereto and incorporated herein by this reference. The Services to be provided hereunder shall be performed in accordance with the terms of this Agreement. 1 077 SECTION 3. TIME FOR SERVICES TO BE RENDERED. Consultant shall complete the Services required under this Agreement according to the schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 4. TE',$rj. This Agreement shall commence on , 19_, and shall remain and continue in effect until tasks described herein are completed, but in no event later than _ . 19 - SECTION S. PERFORMANCE. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. Consultant's performance under this Agreement shall be continuously evaluated by Director of Finance of the City ( "Director ") or his or her designee. Consultant shall be notified in writing of any deficiency in a timely manner. Consultant shall have fifteen (15) consecutive businesses days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director of his or her designee. SECTION 6. EXTRA SERVICES. No extra services shall be rendered by Consultant under this Agreement unless such extra services first shall have been authorized in writing by the City. SECTION 7. CITY SUPERVISION. The Director of Finance of the City, or his or her designee, shall have the right of general supervision of all work performed by Consultant and shall be the City's agent with respect to obtaining Consultant's compliance hereunder. The Director or his or her designee shall at all times have access to the Consultant's work for the purposes of inspecting the same and determining that the work is being performed in accordance with the terms of the Agreement. SECTIONS. COMPENSATION. The City agrees to compensate Consultant for its Services in the amounts as provided in the fee schedule set forth in Exhibit C, attached hereto and incorporated herein by this reference. The total compensation to be paid by City to Consultant shall not exceed S 4000 for the total term of the Agreement, including reimbursable expenses, unless additional payment is approved by the City Council. 2 M] SECTION 9. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by service upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Upon receipt of such notice, the Consultant shall immediately prepare and serve upon the City an invoice covering all outstanding fees or other claimed compensation. Within thirty (30) days after approval of said invoice, the City shall cause payment to the Consultant the amount so approved, or the City shall provide the Consultant with a written statement objecting to the charge. For incomplete tasks in progress as of the date of the giving of notice of termination by the City, Consultant shall be compensated for actual costs and work performed as of the effective date of such notice. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. SECTION 10. BREACH OF CONTRACT In the event that Consultant is in default under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Finance of the City Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. If the Director or his or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 3 079 SECTION 11. CONFIDENTIALITY. Consultant shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the City and /or any affiliated organization, without the written consent of the City. SECTION 12. EXAMINATION OF RECORDS. Consultant agrees that any duly authorized representative of City shall have access to and the right to examine any pertinent books, documents, papers, and accounting records of Consultant which pertain to transactions under this Agreement for a period of three (3) years after expiration of this Agreement. SECTION 13. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as expressly set forth in this Agreement. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation of or indemnification to Consultant for injury or sickness arising out of performing services hereunder. SECTION 14. LEGAL RESPONSIBILI U&. The Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law, including, but not limited to, an E1 Segundo Business license. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the Consultant or in any way affect the performance of the services pursuant to this Agreement. The Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the E1 Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant may be required to file a Statement of C! 1:1 Economic Interests (Form 730 of the California Fair Political Practices Commission) with the City for employees designated to the City to be used on this project prior to the execution of this Agreement. SECTION 15. EQUAL OPPORTUNITY CLAUSE. Consultant and its sub - consultants shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88 -352, and all amendments thereto; Executive order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order. SECTION 16. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. S 1101, et seg.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Govern- ment impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. SECTION 17. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this Agreement, such notice shall be served by personal service or certified mail, postage prepaid, return receipt requested, addressed to the: City of E1 Segundo Public Works of Department 350 Main Street E1 Segundo, California, 90245 and the Consultant at: (NAME OF CONSULTANT) Lance, Boll, & Lunghard 3200 S. Greenleaf Avenue, Suite 280 Whittier CA 90602 1: unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served on the day of personal service or seventy -two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. SECTION 18. ASSIGNMENT. The Consultant shall not assign, transfer or subcontract the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. SECTION 19. INSURANCE. a. Liability Insurance. The Consultant shall, prior to the effective date of this Agreement, secure from a company or companies authorized to do business in the State of California, pay for, and maintain in full force and effect during the term of this Agreement, a policy or policies of general liability insurance, in the following amounts: comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $ 1,000,000.00 per occurrence; and professional errors and omissions liability insurance in an amount of not less than $1,000,000.00 per occurrence. b. Workers' Com_ensation Insurance. Prior to the effective date of this Agreement, the Consultant shall file with the City the following signed certification: "I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work." The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation insurance. SECTION 20. INDEMNIFICATION. The Consultant agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgments at law or in equity, or liability of any kind or 0 1: nature which the City, its elective and appointive boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's intentional or negligent performance under the terms of this Agreement. SECTION 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Consultant. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION 22. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 23. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. SECTION 24. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. SECTION 25. GOVERNING LAW. This Agreement shall be interpreted and constructed according to the laws of the State of California. SECTION 26. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. SECTION 27. APPROVAL BY CITY COUNCIL. On , the City Council of the City of E1 Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City. 7 i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EL SEGUNDO CONSULTANT: By: By: Mayor Carl Jacobson Print /Type Name: Approved as to Form By: Leland Dolley City Attorney Attest: Bv: Cindy Mortesen City Clerk E m•, 1 �i • Review the internal control procedures and financial records of the seven motels in the city • Deterrmne if the motels are submitting accurate TOT returns in a timely manner • Calculate any unpaid tax, interest and penalties due to the City of El Segundo • Reassure the motel owners and management that the City of El Segundo is keeping a fiduciary control over the TOT payments, which will typically discourage fraudulent activities in the future • Provide City staff with information which will allow them to accurately calculate possible TOT credits due to the motels via ESMC 3 12 045 • Discuss on a one on one basis the TOT code section with the motels to eliminate any misunderstandings 1: EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT 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 cost $150,000) Mayor to execute the GSA on behalf of the City The current GSA will expire on June 30, 1995 The County of Los Angeles has sent us a new GSA (Renewal GSA) to cover the period from July 1, 1995 through June 30, 2000 The Renewal GSA references the Assumption of Liability Agreement between the City of El Segundo and the County of Los Angeles dated as of November 14, 1977 The County currently provides the City with services such as maintenance of traffic signals and highway signs, district attorney representation, industrial or hazardous waste disposal, health programs, training and the like The Renewal GSA may provide additional services in the future which are not currently available to the City The City Attorney has approved the GSA as to its form Renewal GSA Assumption of Liability Agreement dated as of November 14, 1977 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: n Appropriation Required - Yes_ No, W Morrison mb gsa stf 086 SALLY R REED CHIEF ADMINLS171KIIVE OFFICER May 5, 1995 COUNTY OF LOS ANGELES CHIEF ADMINISTRATIVE OFFICE 7171ZNNE11/ KAHN HALL OF ADMINTMAMON /LOS ANGEM, CAUFORNIA 9WI2 (213)974 1191 Mr. James W. Morrison City Manager City of Et Segundo 350 Main Street El Segundo, CA 90245 Dear o'rrison: f2cCEIVED C1TY MANAGER'S OEFIG& The General Services Agreement (GSA) between your City and the County of Los Angeles will expire on June 30, 1995. To ensure continuation of services you may be receiving and the ability to add or augment services in the future, we would like to work with you in renewing this agreement for a five -year period. Three copies of the GSA are enclosed. Please note that Provision 9 on page 3 has been revised to provide for the incorporation of either the Assumption of Liability Agreement or a Joint Indemnity Agreement. It references the most currently executed agreement and provides that if a revised indemnity agreement is approved by the Board and executed by the City in the future, it would be incorporated and supersede any previously executed agreement. Please return the three signed originals with a certified copy of your Council's resolution approving renewal of the GSA by May 31, 1995 to the address Indicated below: City - County Uaison Chief Administrative Office 723 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 The May 31, 1995 submission date will allow the timely processing of your Agreement with approval by the Board of Supervisors. One original will be returned to you as soon as it is approved and executed by the Board of Supervisors. mosawy.nr MM Mr. James W. Morrison May 5, 1995 ` Page 2 If you have any questions about the renewal process or desire additional information, please call Selma Anderson at (213) 974 -2615. We look forward to our continued association, and we thank you in advance in this matter. Sincerely, GE I KARIYA Assistant Administrative Officer Intergovernmental Relations Branch GK Skraf Enclosures ft"ety Mr Me*] GENERAL SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, 1995, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of El Segundo, hereinafter referred to as the "City ". RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth (c) Such contracts are authorized and provided for by the provisions of Section 561k of the Charter of the County of Los Angeles and Section 51300, at seq., of the Government Code. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. The County agrees, through its officers and employees, to perform those City functions which are hereinafter provided for. 2 The City shall pay for such services as are provided under this agreement at rates to be determined by the County Auditor- Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor- Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the polices and procedures for the determination of such rate as adopted by the Board of Supervisors of County. 3 No County officer or department shall perform for said City any function not coming within the scope of the duties of such officer or department in performing services for the County am 4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance Of regular County operations 6 Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense. It is expressly understood that in the event a local administrative office is maintained in the City for any such County officer or department, such quarters may be used by the County officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 7 All persons employed in the performance of such services and functions for the City shall be County employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right -2- A'1 For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County officer and employee engaged in performing any such service or function shall be deemed to be an officer or employee of said City while performing service for the City within the scope of this agreement 8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 9 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and /or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as of set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date small supersede the agreement previously in effect between the parties hereto 10 Each County officer or department performing any service for the City provided for herein shall keep reasonably itemized and in detail work or lob records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery -3- L71 . or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to insure payment for work, services or materials provided hereunder. 12 The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed 13 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so. 14 This contract shall become effective on the date herein -above first mentioned and shall run for a period ending June 30, 2000, and at the option of the City -4- 092 Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years. 15. In event the City desires to renew this agreement for said five -year period, the City Council shall not later than the last day of May, 2000, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June, 2000, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise such agreement shall finally terminate at the end of the aforedescribed period. Notwithstanding the provisions of this paragraph hereinabove set forth, the County may terminate this agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16. This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference �i -5- 093 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this day of , 1995. ATTEST: City Clerk By Deputy ATTEST: JOANNE STURGES Executive Officer /Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM, DEWITT W. CLINTON, County Counsel By Det] THE CITY OF EL SEGUNDO By Mayor THE COUNTY OF LOS ANGELES By Chairman, Board of Supervisors APPROVED AS TO FORM: Leland C. Dolley, City Attorney Cit f El Segundo C �� K ' By —4411 -y , k 094 1 / ' GOl(V1RA� 1561, CRY OF R S it al 11 i i i F 4 6 i S 9� io 11 1? 13 i� i� 1 15 ' : 16 17 i� is 19 i; _U „ -3 ,1 it -'G �I 7 ,8 i! 3205: ASSUMPTIM OF I.LARTLITl AC:RE171L•'NT THIS AGREF11TENT, dated for reference purposes only, on the lAth clay of November, 1977, is made and entered into between the County of Los Angeles, sometimes hereinafter referred to a the "County," and the City of EL SEGUNDO sometimes hereinafter referred to as the "City," RECTTALc (a) City and County have heretofore contracted for the performance of services by County, its officers, agents and employees, and will in the future extend, renew and amencl suci- contracts, and enter into other and further contracts for the performance of services; and (b) Such contracts are agreements defined under §895 of Government Code, and pursuant to §895.2 thereof joint and seve liability is imposed on the parties; and (c) Pursuant to §895.4 of the Government Code the partic as a part of the aforementioned agreements may provide for con LribuLion or indemnification upon any liability ariser,& out oI the performance of the agreement; and (d) The County is willing to assume liability and defenc and 'hold the City harmless from any loss, cost or expense caur by the negligent or wrongful acts or omissions of County offic its agents and employees, occurring in the performance of saic agreement; and L� =. 095 i CONTRACT, 1761 CHY OF EU SEGUNDO i 1 I (e) The City is willing to assume liability and deiend ' hold the County harmless from loss, cost or expenses caused b; 3 the negligent or wrongful act or omission of city-officers, aL or employees occurring in the performance of agreements betwee 1 5 the parties, except as hereinafter provided, 6 I NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 7 I 1. The County will assume liability and defend and 9 hold the City harmless from loss, costs or expenses cause 9 by the negligent or wrongful act or omission of County 10 I� officers, agents and employees occurring in the performar, I • 11 i of agreements between the parties hereto to the extent th I_' i such liability is imposed on the City by the provisions c 13 §895.2 of the Government Code of the State of California. 1rt 'I 2. The City will assume liability and defend and 1: 35 ; the County harmless from loss, costs or expenses caused b 16 f the negligent or wrongful act or omission of City officer 17 agents and employees occurring in the performance of agre 1S ments between the parties hereto to the extent that such 1e I liability i_s imposed on the County by the provisions o. i 10 §895.2 of the Government Code of the State of California. 'I '� addition, when liability arises pursuant to § §II30, et sec „_ of the Government Code, by reason of a dangerous conditic of public property of the City, the City shall assume liability and defend and hold the County harmless from to 35 costs or expenses caused by the negligent or wrongful act i 26 li omission of City officers, agents and employees, whether ' -7 1! 096 CONMC_I 1561 my OF Fr SM(INno i I 1 I arising in the performance of an agreement between the 2 I parties hereto, with the exception that the County shall j3 assume liability and defend and hold the City harmless frc 4 loss, costs or expenses caused by the negligent or wrongf: j5 act or omission of County officers, agents and employees, G i occurring in the performance of any agreement between the 7 I parties hereto where a duty is imposed on the County pursi 8 to such agreement to provide maintenance or inF- ection i 9 services pertaining to said property. Where such an afire i 10 ment between a City and County provides that the County w �� 11 provide at least the same level of maintenance or inspect 12 services that the County provides to unincorporated area: 13 -the County will assume liability and defend and hold the 14 harmless from loss, costs or expense caused by the neglic F 15 I or wrongful act or omission of County officers, agents a:, f s16 I employees in failing to provide said services in accordai 17 j with said agreement. purpose of paying such losses which may 18 3. The parties further agree that the Auditor- 19 I Controller of the County shall establish a fund for the T 20 ( ment of losses for which the County may be liable under t 21 II terms of this agreement, and the County agrees to mainta 22 the fund for the purpose of paying such losses which may 23 occur through its performance under agreements to provid 2.1 I city services to the cities within the County. 25 26 27 097 C C CONTRACti 1561 i 1IiY OF EC SEGUNDO its responsibility to contribute to the fund purse 1% to this agreement shall be s i i 1 specifically but not being 1 24 4. It is understood by Lhe parties that the fund 3 i referred to in paragraph 3 above is under the full control 3 likely to be covered by the terms hereof, of Lhe Board of Supervisors and reappropriation of unen- 4 ; cumbered year -end balances in this fund is discretionary 5 i with the Board of Supervisors. 6 5. The City agrees to make payment to the fund, anc 7 l i the County - agrees to require each city receiving services A i under City Service Agreements to also contribute to the £t 9 li Payments towards the total amount of the fund shall be mac 10 by the City in such amounts as may be established by the Auditor - Controller according to the policy and procedure 12 1 established by the Board of Supervisors, and in the same 13 I -ratio as the cost of services received by the City is to 14 total cost to the County for its performance of City Sery 15 I, Agreements during each fiscal year. In the event that Ci 16 �; should elect to terminate its Service Agreement with the 17 it County, its responsibility to contribute to the fund purse 1% to this agreement shall be limited to payment of amounts I' 19 j! which accrue prior to the effective date of said terminat 20 6. Each party agrees to fully cooperate with the o 21I� and assist the other party hereto in all matters relating 22 j losses covered by the terms of this agreement, and more 23 i 1 specifically but not being limited thereby, each party wi 24 a ( ) Give prompt noLificaLi_on of all occurrence 25 covered or likely to be covered by the terms hereof, 26 1 together with tt_e particulars thereof to the other p I I {{1 1 I i i i, i� CONTRACT < < 1561 CITY OF EC SEGUNDO 1 (b) If claim is made, or suit is brought- again - 2 a party on occurrences covered or likely to be cover( 3 by the terms hereof, such party shall immediately 4 i forward every claim, demand, notice, summons or other 5 process received by it to the other party hereto. G 7. Should City agree, stipulate, consent to, or ot1 7 wise suffer the granting of any claim, the making of any S I judgment, order, or other award for damages or other rel_( 9 ! against itself or any of its or the County's officcrs, 10 I agents, or employees in any proceeding or action authoriz, 11 i by law involving a matter arising out of the performance 1 12 I the County of services affected hereby without the prior 13 written consent thereto of the County, the City agrees to 14 i indemnify, hold harmless, and defend the County from any 15 loss, cost or expense to it arising from such claim, judg- 16 or other award irrespective of the legal basis upon which 17 liability may be imposed by such action including liabili 1S of the County under the provisions of Section 895.2 of ch. 19 Government Code. 20 S. Any party may at its own cost participate iu th 21 defense of any suit, or in the prosecution of any appeal 22 affecting matters herein involved where the duty of defen 23 I or prosecution is imposed on the other party, and where t' 24 other party has consented thereto. I 25 �. 9. This agreement shall apply to and shall be deem 26 to be a part of all agreements now existing or hereafter 27 1 "' .coNTRACr 1561 MY OF FV SMUNTA 100 1 } entered into, including amendments, renewals, or other 2 I extensions thereof, wherein the City and County have con - I 3 i tracted under circumstances wherein the liability of the Ci r 4 i and County is joint and several under §895.2 of the Govern- s , ment Code of the State of California. The provisions of th 6 agreement shall supersede and control over any other provi- 7 I sions inconsistent therewith in any such contract, heretofo,- 8 or hereafter entered into by and between the parties hereto, 9 i unless by specific reference therein this Assumption of 10 f Liability Agreement is inapplicable. 11 i 10. On the effective date of this agreement that cer- 12 ! tain agreement entitled "Assumption of Liability Amendm�•nt,' 13 I j -if any between the parties, is terminated. The effective 14 date of this agreement is file date executed by the parties, 15 but in no event sooner than 12:00 A.M., March 15, 1978, 16 i ( unless the aforementioned Assumption of Liability Amendment 17 i should be sooner terminated by the parties, in which event 1S I the date of such termination shall be the effective date of I 19 this agreement. Upon the effective date of this agreement t 20 same shall continue during the term of any agreement for 21 services to which the same is applicable, unless the County i 22 I shall sooner elect to terminate this agreement upon thirty 23 days written notice to the City. The County further agrees 2•4 I that this agreement shall be only terminated upon the occur• - 25 rence of the foregoing, or any one or more of the following 26 events: 27 100 1. 1 � i MR 5 i S 9 10 11 12 13 i 4 i 15 IG j l 17 0 1 18 !, 10 -0 1, ,1 1 c .3 i, 2-1 �! 25 i —7 1, - � c � � (a) Failure of the City to cooperate with Lhe County as required by this agreement. (b) Upon the City authorizing any judgment, order_ or other award for damages without the consent of the County in violation of the terms and provisions of chi: agreement. (c) Upon the County's election in its absolute discretion to terminate this Assumption of Liability Agreement as to all cities having such service agree- ments with the County. 11. To the extent that the County has agreed to indem- nify, defend and waive harmless a city, its officers, agent; and employees under this agreement, said obligation shall continue to exist during the term of this agreement whether or not there are sufficient funds for such indemnity, defen: or hold harmless in the fund established by the Auditor- Controller. It is further understood that the County may also utilize said fund for the purchase of commercial insurance and claims management services and for the payment of other costs to cover the exposures of the County hereund; in whole or in part. 12. On termination by the City of service contract wit the County, or upon termination by the County for any cause the County shall continue to indemnify, defend and hold hart less the City for all claims and losses for which liability is imposed on the County by the terms of this agreement-, an, CONTRACT 1561 -7- M Y OF EL sAUNDD 101 l .1 75 C where arising out of the County's negligent or wrongful acL or omission, prior to the effective date of said terminatic 3 ! Said City shall not be entitled to return of-any considera- 4 tion paid by it towards the fund established by the Auditor 5 6 7 S 9 to 11 12 13 14 15 16 17 1S 19 =0 ,1 „ Controller on the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year hereinafter set forth. CITY OF ETA SEGUNDO APrROI, ED IS TO FG'VA CITY ATTUPN"' f ADOPTED li BOARD OF SUPERVISORS is p COUNTY OF 1— "11 •S 26 1; - 109 DEC ? 71977 27 .. 28 "As 5 MILE E%ECUIIVE OFFICER Mayor PRO TEMPOR$ ATTEST• this gth day of February 1978. (/CLC.c -1u� � Jc/ 5���- tl✓>-eZ., -tea/ city c > r COUNTY OF LOS ANGELES By �V.� 1 Chairman, Board ot Supervisors ATTEST this 22 day of MA1QC H 1978. JAMES S. MIZE, Executive Officer - Clerk of the Board of Supervisors i iV r iit1� L/� CONT clj 1561 CM OF EC SEGUNDO 102