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1992 FEB 04 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL FEBRUARY 4, 1992 - 7:00 PX CALLED LED TO ORDER by Mayor Jacobson at 7:00 P.M. INVOCATION by Father Joseph Alzadian, S.J.; St. Anthony Roman Catholic Church. PLEDGE OF ALLEGIANCE led by Councilman West. PRESENTATIONS - NONE ROLL CALL Councilwoman Cruikshank - Present Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Budneae Only - 5 minute limit) Six individuals addressed the City Council. R.J. Switz, 1209 E. Maple Avenue addressed Council regarding the adopted FY 1991 -92 Budget stating that he understood this to be the General Fund only, and that it was not a zero percent interest but a 12.5% increase. Mayor Jacobson stated that the General and Enterprise Funds were adopted, but the Capital Improvement Fund was a five year document which had not been adopted. Councilman Wise stated 12°% is high because 2% of the raise mentioned was absorbed into the budget by the expenditures which the Council directed staff to absorb. Mr. Switz asked for the entire budget total amount; City Manager Cano responded to be exact it was $39,642,867.00. Lynn Bonia, 929 Dune Street addressed Council regarding the Hyperion on the following: 1) Sewer break, 2) Power line fire due to accident, 3) Fire in HERS building, 4) Power outage for 10 minutes on January 31 which created odor problems, and steam blowing for four hours, 5) DWP right -of -way shrub removal created a lot of noise, and 6) Major communication problems, and the residents are video taping the area. He thanked Mayor ProTem Dannen and Councilman Wise for their help and support when the shrubs were being removed. Mayor Jacobson stated that although the Council could not say very much, they should have a major announcement they can make at the next City Council meeting which will answer a lot of the questions. Gary Wallace, 516 Oregon Street addressed Council with concerns with the City getting too much direction from outside consultants, concerns regarding water charges, and asked what the City's share of the County's $2 million paid to five cities would be. Mayor Jacobson responded that the County never deducted anything from the property taxes, it was just that they would not be deducting it. City Manager Cano stated at that time there was a possibility the County would be withholding a certain portion of the property taxes but it never happened. The City was made whole on the formula negotiated under Senate Bill 20. In addition to that, the question was the period of time in which the City would eventually get into a 7% share of the City's own property tax which was also resolved in discussions with the City's County Board of Supervisor Dean Dana, and in fiscal year 1991 -92 the City will get the full 7% which they had estimated. El Segundo was not included in the same class as some of the other cities, but was made whole from the beginning. Councilman West stated that the City is presently loosing 50% of the water due to the Supreme Court ruling going to Arizona, and loosing another 30% of the water coming down from Mona Lake in order to save the fish. Dorothy Kent, 909 Dune Street addressed Council thanking Mayor ProTem Dannen for coming down to help and assist the residents with the noise complaint regarding the removal of the trees and shrub. Mayor ProTem Dannen stated he wished to inform the public that on Sunday evening at 5:00 p.m. there were large run -ups at the Los Angeles Airport which vibrated the north side of the City, and that he contacted a Mr. Riley of LAX who verified that it was MGM Grand Air who was doing illegal run -ups which caused all of that noise. City Council Minutes February 4, 1992 7:00 p.m. Councilman Wise stated as far as on the budget, he asked that the City Manager verify the percentage that the budget goes up without a budget increase with regards to existing union contacts, memorandums of understanding, etc. Also responding to Mr. Wallace's statement that the City Council has run the General Plan in here, he stated that there has been an additional six or seven meetings with mass mailings to Smokey Hollow, downtown, and land owners in town to explain what is going on. The City Council also had an additional meeting at Joslyn Center for everyone to state their concerns, and there will be more meetings with businesses and residents which staff will make sure that Mr. Wallace is added to the mailing list; Mr. Wallace thanked him. Mayor Jacobson closed the public communications portion of the meeting. A SPECIAL ORDER OF BL78DON 1. Public Hearing - Proposed projects and budget for allocation of the 18th year (fiscal year 1992/ 1993) Community Development Block Grant Funds. Mayor Jacobson stated this was a public hearing on proposed projects and budget for allocation of the 18th year (fiscal year 1992/1993) Community Development Block Grant Funds. He asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart stated in response that in compliance with the Council's direction as of 5:00 p.m. today the City Clerk's Office was not in the position to state whether or not this item was properly noticed. Mayor Jacobson responded that it was on the last page of their agenda. City Clerk Hart acknowledged that the notice was in the staff report, and then stated that no written communications had been received by the Clerk's Office. Mayor ProTem Dannen asked City Clerk Hart if he was certifying that proper public noticing had been done; City Clerk Hart stated he was willing to certify because it is a matter of public record (i.e. staff report). City Manager Cano stated in accordance with Federal Housing Urban Development guidelines in order for the City to continue to receive Community Development Block Grant (CDBG) funds, they are required to conduct a public hearing. The report has some of the eligible CDBG Programs which Council will be considering, and also the funding level. Also provided is a list of the programs the City had during fiscal year 1990 -91, and a listing of current programs for fiscal year 1991 -92 which were approved in February, 1991. The programs being recommended this year have been put together through a process by review of the Department Heads who then made their recommendations off of that listing. Staff retained a Contract Administrator, Dianna Choe who has been handling the paperwork involved, and has brought the City into compliance with the County - which at one point the City was being challenged that the funding would be taken away. Mayor Jacobson opened the public hearing for comment; being none the Mayor entertained a motion to close the public hearing. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilwoman Cruikshank stated all of these available programs is what makes the City of El Segundo unique. Literacy Program - she asked if part of that goes in for the children for the lower grades or if that was a separate one; City Manager Cano responded it was a separate one, and the City has a literacy program presently supported by the General Fund. Mayor ProTem Dannen recommended taking a vast portion of the Literacy In The Work Place and transfer it to Councilwoman Cruikshank's project of the Counseling for Seniors. Councilman West disagreed with Mayor ProTem Dannen's recommendation, and stated that literacy is a very valuable issue to him. Mayor Jacobson stated that the City does have a Literacy Program which is going very well and staffed by volunteers and City employees, but he has a problem with stretching out into the work place where the workers be trained. This program is for our seniors, handicapped, etc., and stated he had a problem with putting a high portion into that and taking away from our seniors, handicapped, etc. Councilwoman Cruikshank stated there was $11,000 for the Senior Citizen Counseling Program; Mayor ProTem Dannen questioned whether this was the program which she was talking about two weeks ago; Councilwoman Cruikshank stated she wasn't sure, and Rollie Wright, Director of Recreation & Parks then nodded yes that it was. City Council Minutes 2 February 4, 1992 7:00 p.m. Mayor ProTem Dannen stated he understood that $60,000 was spent for massive book repairs in the school libraries, and that they are now open for the public to use. He questioned whether the $50,921 could be used for these books. MOVED by Mayor ProTem Dannen for approval of all expenditures except for the Literacy In The Work Place. Motion died due to lack of second. MOVED by Councilman West; SECONDED by Councilwoman Cruikshank for approval as submitted. Councilman Wise called for discussion stating that he would like to approve this without the literacy program as it is, and bring it back, with a matching dollar-for-dollar from the businesses. Mayor Jacobson called the question: MOTION FAILED BY THE FOLLOWING VOICE VOTE 2J3: AYES - Counalmembers Cruikshank and West. NOES - Mayor Jacobson, Mayor ProTem Dannen, and Councilman Wise. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to approve all items with the exception of Literacy In The Workplace, and to direct staff come back and notify businesses to come back with proposals to match dollar - for - dollar of the Literacy in the Workplace funds. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1. AYES: Mayor Jacobson, Mayor ProTem Diann, Councalm mbem West and Wise. NOES: Councilwoman Cru ban Councilman West asked if they could include an overview of the Literacy Program so that it is the whole literacy and not just this item; City Manager Cano stated staff would prepare the overview. City Manager Cano stated he wished to clarify that the $11,000 for the Senior Counseling is not the program that Councilwoman Cruikshank was speaking of two weeks ago, it is to have counseling provided to the seniors. The one that Councilwoman Cruikshank was speaking of was a peer counseling - where you train counselors who train other people. Councilwoman Cruikshank stated it was her understanding from Kendra Morries that it was going to be put in for the request of these funds, and then asked if it had been dropped. Mr. Wright responded the present budget year $7,000 had been allocated in CDBG funds for a counseling program, and it was increased for next year to $11,000. The City's existing provider, a trained psychologist, indicated and put together a Peer Counseling Program for the City of which the $11,000 does include. City Manager Cano stated he understood Council's direction to be that staff would investigate the interest and development of such a program, and bring it back to Council for approval. The appropriation of $11,000 does not mean that it implements the program; Mayor ProTem Dannen responded that this was precisely correct, and that the Council is the approving body for all programs relating to the Recreation & Parks Department. B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Initiate the recruitment process to fill an upcoming vacancy on the Planning Commission. Mayor Jacobson stated this was a recruitment process to fill an upcoming vacancy on the Planning Commission. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to direct staff to initiate the recruitment process to fill upcoming vacancy on the Planning Commission. Mayor ProTem Dannen called discussion. Mayor Jacobson stated that Chairman Jack Schott is resigning as of March 15, 1992 after putting in many years of very hard and diligent work, and he has been an excellent asset to our Planning Commission and everyone will miss him. Mayor ProTem Dannen stated that Chairman Schott will be sorely missed. He has done an excellent job putting in an enormous amount of hours in studying and working for the City of El Segundo for 11 consecutive years, most of which were Chairman of the Planning Commission. Mayor Jacobson called the question. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 3 February 4, 1992 7:00 p.m. 2. Request from Sue Carter, President, Friends of the El Segundo Public Library, for an additional $20,000 for furniture and equipment Mayor Jacobson stated this was a request for the City to match the Friends $20,000 monies which they accumulated from donations for furniture and equipment. MOVED by Mayor ProTem Dannen;SECONDED by Councilman Wise to approve request with discussion. Councilman Wise complimented the Friends for their work. Also stating, that with the existing textbook problems in the schools, in his mind, the most important thing regarding the library is to fill it up with proper text and data which he believed was more important than furniture. Sue Carter, President of the Friends of the El Segundo Public Library, addressed Council stating when the Friends began this project it was with the idea that for every dollar they raised the City Council would match it. Those individual citizens, businesses, organizations, and corporations donated funds toward this cause because they believed that it would be for furniture and equipment. Should the Council say no to this request, then they are saying no to those who donated funds. Councilman Wise stated he would say no to them and yes to the kids every time. Further stating, he believed in what they are doing, but felt that the money would be better spent on the education of the children. Councilman West asked if this was an either /or situation; Councilman Wise stated he meant that he felt the money would be better spent on the textbooks for the children. Mayor Jacobson stated the memo Councilman Wise was looking at was for the school libraries which the City is only operating, the City is not supposed to be supplying. Councilman Wise stated when it comes to the children, he is for the children. MOVED by Councilman West to match the funds donated of $20,000 with discussion. He stated Council made a commitment to the Friends that they would match dollar-for-dollar of donated funds they collected. Mayor Jacobson stated that there was already a motion and second made. Councilman Wise asked if this $20,000 was going to be added to the budget or would it be a direction to staff to absorb it. Mayor Jacobson stated if the Council was making additions, it would need to be added to the budget. Mayor ProTem Dannen questioned Ms. Carter if they could agree to appropriate some of this money towards the books because 70% of the books in the schools either need binding or replacement; Ms. Carter responded that those people who donated the money were doing so towards furniture and equipment, not books. She was not sure what to do, and could not speak for them. Mayor ProTem Dannen asked her if she could try to go back to those people who made donations and ask them; Ms. Carter responded that she could go back to the Friends with this request, and she stated that what Mayor ProTem Dannen was talking about was going to be their next project. Mayor ProTem Dannen then asked what would happen if they agendized for the next meeting a discussion/possible action for matching funds for a book drive for the schools; Barbara Pearson, Library Director responded that she understands Council's concerns about the schools and they have had a meeting with Dr. William Manahan, Superintendent, and Ms. Carter and her will be making some fund raising and alternative sources of funding suggestion to the PTA as of February 18. Also stating that Dr. Manahan has committed to continuing his current level of funding for materials for the schools, and they will make every effort possible - using the techniques developed by the Friends - to promote this as a targeted project which will go out to businesses, individuals, etc. She wasn't sure whether Ms. Carter could make any other type of commitment without the Board's approval. Mayor Jacobson called the question. MOTION PASSED BY THE FOLLOWING VOICE VOTE 812: AYES - Mayor Jacobson, Counc ilmemoben West and Wier. NOES - Mayor ProTem Dannen and Councilwoman Cruikehank. City Council Minutes 4 February 4, 1992 7:00 p.m. 3. 4. 10 Library Renovation and Expansion Grand Opening - March 15, 1992. Mayor Jacobson stated that this was a request for approval of March 15, 1992 to be the date for the Library Renovation and Expansion Grand Opening. Sandy Jacobs addressed Council stating that ribbon cuttings for all of the rooms have been donated by special groups and corporations, Jack Smith will speak and the entertainment will be by the El Toro Marine Band, a magician will be there for the children, and refreshments. MOVED by Councilman West; SECONDED by Mayor ProTem Dannen to approve date and time for grand opening. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Friends of the El Segundo Public Library auction of surplus furniture on February 22, 1992. Mayor ProTem Dannen stated he understood that this furniture is owned by the City of El Segundo. Ms. Carter stated that this was part of the furniture which the Friends did not sell at the first auction, which was sold to the Friends for $1.00. Mayor ProTem Dannen asked if they would be willing to spend the auction money on books; Ms. Carter stated she would have to asked the Friends if they would be willing to do this. MOVED by Councilman West; SECONDED by Library for public auction of surplus furniture. VOTE 5/0. CONSENT Mayor ProTem Dannen to approve closure of MOTION PASSED BY UNANIMOUS VOICE 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. PULLED FOR DISCUSSION BY COUNCILMAN WISE. 2. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 3. Report on the history of the golf course fund. Received and Filed 4. Resolution to adopt Annual Operating Budget for period beginning July 1, 1991 and ending June 30, 1992, and approve Annual Appropriations Limit for FY 1991 -92. Adopted Resolution No. 8746 - Operating Budget, and Adopted Resolution No. 8747 - Annual Appropriations Limit for FY 1991- 921GANN. 5. PULLED FOR DISCUSSION BY MAYOR PRO TEM DANNEN. 6. PULLED FOR DISCUSSION BY MAYOR JACOBSON. 7. Agreement between the State Department of Transportation (Caltrans) and the City of El Segundo for the construction of the on -ramp and frontage road between Douglas and Nash Streets, an eastbound on -ramp for the I -105 Freeway, and the construction for the Douglas -Nash one -wav couplet. Approved agreement, authorised Mayor to awcute the agreement on behalf of the City, and approved the proposed Capital Improvemaent Project SH 87-5 Sor funding of ;450,000 $+omi developer contributions and/or Proposition W for Seel year 1991 -92. 8. Proposal to purchase one undercover surveillance vehicle and provide all three undercover vehicles currently assigned to duty at L.A. Impact with concealed emergency lights and sirens. Adopted proposal and approved ezpenditure of funds from Asset Forfeiture account in an amount not to szceed #21,275.98, 9. Notice of approval of an Administrative Use Permit: Transmittal of January 29, 1992 letter of determination from the Director of Planning approving a warehouse and office use in an existing building for Logicon Ultrasystems, Inc. located at 411 Coral Circle. Received and Filed. 10. Notice of approval of an Administrative Use Permit: Transmittal of January 30, 1992 letter of determination from the Director of Planning approving the design, manufacturing and distribution of heatinyJair conditioning systems at 410 S. Douglas Street. Received and Filed. MOVED by Councilman Wise; SECONDED by Councilman West to enact all consent agenda items except for Item Nos. 1,2,5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 5 February 4, 1992 7:00 p.m. CALLED T ED ITEMS FROM CONSENT AGENDA: Warrant Numbers 38146 -38434 on Demand Register Summary Number 14 in total amount of $967,747.43. Mayor ProTem Dannen stated that unfortunately this will be the last set of warrants he would be voting on until the Lightfoot Planning Group provides the City with the updated computer disks, per contract, on the General Plan. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve Warrant Demand Register and authorized staff to release, and to ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 2. City Council Meeting Minutes For January 7 13, and 21, 1992. Mayor Jacobson asked that these minutes be continued to the next meeting. Council consensus to continue the minutes to the February 18, 1992 meeting. 5. 1990 -91 Replacement of sidewalk at various locations and construction of handicap ramps on Pine Avenue p672XPr*gPW 91 -5. Mayor ProTem Dannen stated he wished to abstain from discussing or voting on the issue. Councilman Wise asked Ken Putnam, Director of Public Works, whether they settled this or not; Mr. Putnam responded yes they had settled the situation. Also stating that during the construction the City staff and a number of citizens had problems with the contractor's performance which was resolved. Some work which the contractor refused to do was completed by staff. Councilman Wise asked if there was any way which the City could specify qualifications; City Attorney Dolley stated that the rule is that the City is required to take the lowest qualified bidder. Having used the word qualified, he feels they could take some direction to perhaps review the Public Works contracts with this in mind. Councilman Wise asked if the contractor was aware of the subtracted dollars; Mr. Putnam responded that he is aware, and that he requested an arbitration meeting and was refused. The contractor's attorney has written letter which was referred to the City Attorney, and on the advice of the City Attorney - staff brought this matter to the Council to wrap up and accept the job, and let the legal process, if any, go forth. Councilman West asked if the City could get back their legal fees if this went into litigation; City Attorney Dolley stated he would need to review the contract. Councilman West asked if there was any way that staff could include this type of statement in their future contracts; City Attorney Dolley stated that this could be considered. MOVED by Councilman Wise; SECONDED by Councilman West to accept the work as complete for a final contract amount of $272,849.44 (from this amount is to be subtracted liquidated damages and back charges), and to take other actions identified in subject staff report. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1: AYES - Mayor Jacobson, Councilmembers West, Cndkahank, and Wise. NOES - None. ABSTENTIONS - Mayor ProTem Dannen. 6. Acacia storm drain (County Project) - Approval of Project. Mayor Jacobson stated this said that the City would be giving the County permits at no charge. He then asked if the City retains any authority over inspection; Mr. Putnam responded no, and on all jobs where the County or other entity comes in, the City is involved in the inspection of process if they see things done wrong - staff gives the County the information and works with them. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to adopt Resolution No. 3748 approving project; granting of permanent and temporary construction easements to Los Angeles County Flood Control District across City property, and authorized Mayor to sign easement document. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. E. NEW BUSINESS - CITY MANAGER Request for and amendment to the Agreement Affecting Real Property with Wyle Laboratories for property at 110 and 270 Maryland Street, and request to waive the required $35,000 Certificate of Deposit. City Council Minutes 6 February 4, 1992 7:00 p.m. City Manager Cano presented a report to Council stating that this was a request from Wyle to approve a request for an extension; an amendment to an Agreement Affecting Real Property located at 110 and 270 Maryland Street, and a waiver of the required $35,000 Certificate of Deposit. Staff is recommending approval of this request because presently Wyle has approximately 176 employees; on -site parking facilities for 212 employees, and with the Air Quality Management District's requirement to reduce the number of vehicles going to places of employment - and with the state of the economy - staff feels that they will not be needing additional parking in the near future. Also, Wyle Labs has been a very important part of the community, and they have stayed firm in that should the City requires them to put in a parking lot - then they will do it. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve an extension; amendment to the Agreement Affecting Real Property at 110 and 270 Maryland Street, and to waive the required $35,000 Certificate of Deposit. MOTION PASSED BYUNANIMOUS VOICE VOTE 5/0. 2. Proposal to revise the Fire Engineer and Fire Captain class specifications in order to implement applicable sections of Resolution No. 3716. City Manager Cano presented a report to Council stating that staff is recommending the Council to adopt two classification changes - Fire Engineer and Fire Captain. This is to allow staff to implement a resolution affecting those classifications as the pertain to City's desire to reduce overtime. City Council adopted a replacement and re-hire policy for the primary reason of reducing overtime, and to provide an opportunity to employees to acquire on the job training. Staffs concern is that should they not have this policy in place at the time of the vacancies, then it will be difficult for Department Heads to accept moving people to permanent positions without having any experience in those capacities. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to adopt the proposed class specifications. Councilwoman Cruikshank asked for discussion. Councilwoman Cruikshank stated that since this has been an unhappy situation on both sides for some time, she was curious about the Fire Fighters Association opinion on this. Also stating that she understood that they believe that they were to have another meeting with the City Manager - and that they were moving close to some kind of compromise. Should this go through this evening, the morale of the Fire Fighters Association will be further damaged. Fire Battalion Chief Gilbert responded stating Councilwoman Cruikshank was correct in that there were some meetings that had been scheduled. Last week they met with Captain George Lewis and Gary Preston who spoke on this issue, and they assured him that they realized that this was a meet and confer item and this was something which was passed in the resolution. They have committed to meet with them, Chief Sloan, and any other members of City Departments which they need - in order to implement an agreement of mutual satisfaction on the requirements for this. They see the need to establish minimum requirements for this position, if they are to have these positions, and they see the benefit to establish a career path guide for those who wish to promote. Councilwoman Cruikshank stated under the circumstances she felt that this should be put off until they have had the opportunity to work it out. Councilman Wise stated he agreed with the City Manager, and he is not interested - as a Councilman - in having these individuals go into on-the-job training under emergency. He stated they were questioning the exact wording of the implementation under memorandum of understanding. Battalion Chief Gilbert responded this was correct. Another concern was that some of the individuals would not be able to meet the requirements as written presently, and they would like to come to some sort of mutual satisfaction of a level of requirements. Councilwoman Cruikshank asked who wrote the requirements; Battalion Chief Gilbert responded that the Fire Department Staff - based on what other departments have used as their criteria - going along with what is normal for the industry. She then asked if he felt that this was a requirement which could be met by his staff - if the potential is there; Mr. Gilbert responded definitely. Mayor Jacobson asked for and received a commitment from Battalion Chief Gilbert that the time line for these new requirements would be mutually acceptable with the Fire Union before implemented. Councilman Wise called the question. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4I1: AYES - Mayor Jaoobs=4 Mayor ProTem Dannen, Coundbnemobers Wert and Wise. NOES - Council me®ber Cruikebaak City Council Minutes February 4, 1992 7:00 p.m. 3. Report on City Sanitary Sewer System, City Storm Drain System, and City Water. Mayor ProTem Dannen asked that this item be held over to the February 18 meeting. Council consensus to hold items over to February 18, 1992 meeting. 4. Oral Update on Aerospace Corporation versus the Senate Board of Equalization. City Manager Cano presented a report on two issues which will have drastic affects on the City's budget process should they not deal with them. The first one is the Aerospace Corporation verses the Senate Board of Equalization - he stated a meeting with over 21 cities throughout the State of California was conducted which primarily focused at city manager's, key staff member's, and finance director's, to bring about an awareness of the aerospace decision and the potential ramifications to cities. Through this meeting, they put together a very well thought strategic plan of which there are 15 areas they will be pursuing to attach this issue of which they plan to present these recommendations to the City Manager's Division of the League of California Cities on Thursday. First, they feel they will be able to get the federal government to at least extend the period of time of which they have to pay back their liabilities which is presently at 2 years. Secondly, they are looking at the federal government waiving the interest which doubles the liability, and Thirdly, they will pursue having the federal government just make this go away. He will be returning with a report on how Thursday's meeting goes. Council received and Sled report. 5. Oral Update on Air Force Retention. City Manager Cano stated that this was the second issue which will have a drastic affect on the City's budget process should they not deal with it. The legislation has been submitted to the Legislative Council at the State level which they anticipate within two weeks it will be back in its draft form, and staff will then finalize that legislation. Senator Beverly has agreed to be the principal author, Assemblyman Tucker has agreed to be the principal co- author. There was a situation two weeks ago of which the County was proposing legislation which staff felt would be directly in conflict with what they were trying to accomplish. There was a meeting where they discussed their concerns with Mayor Jacobson, Representatives from Supervisor Dean Dana's office, Ron Lamb from the Los Angeles Chamber, and a number of others, and he stated he wanted to express appreciation to Supervisor Dean Dana for modifying his motion and pulling that legislation. He informed Council that he and Don Harrison, Assistant to the City Manager will be going to Sacramento to meet with Kenneth Emmanuel's key staff to inform them of what they are trying to accomplish, the City's Bill is a Job Retention's Bill not a Housing Bill and especially to deal with the issue associated with the broader issue of using redevelopment monies transferring from one jurisdiction to another. Mayor Jacobson stated that the redevelopment monies Mr. Cano referred to does not have anything to do with the City of El Segundo, it is other cities like Hawthorne, etc. Council reoeived and Sled report. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE fL NEW BUSINESS AND REPORTS - CITY COUNCHAC93E M Councilwoman Cruikehank - NONE Councilman West Councilman Wise NONE 1. Reminder of the February 8 - 10:00 A.M. - Day For John Stevensen and the Alumni Baseball Game at the Recreation Park, and a Golf Tournament on February 7. 2. To City Manager: Information of an Los Angeles Times, Business Journal article regarding State job layoffs; a commentary of why Los Angeles is loosing manufacturing jobs. While they are now getting into the General Plan and thinking of the economic well being of El Segundo, he feels this would be good reading for the Council. 3. The South Bay Official's Pension's Scrutiny Audit resulted in the City of El Segundo having a clean bill of health. He congratulated Steve Klotzsche, Finance Director and Don Bott, Human Resources/Risk Management Director, and City Manager Cano; Council concurred. City Council Minutes 8 February 4, 1992 7:00 p.m. Mayor ProTem Dannen 1. Utility User Tax specifically that provision of the tax that Council directed that staff not proceed with its implementation Mayor ProTem Dannen stated that the part of the Utility User Tax which Council directed staff not to implement was the Natural Gas Tax going into SCE. Councilman Wise stated he would like to implement the Natural Gas Tax. Councilman West agreed with Councilman Wise, and stated this was a Utility User's Tax which in this case taxes the usage of gaseous gas, and in this case SCE was exempted. SCE has stated that should the City include them in this tax, they will pass the bill onto the cities residents and business owner's which is estimated for the average home owner to be $2.00 per month. Councilwoman Cruikshank agreed with implementing the tax, but felt that should we need to do something in the future - we can always implement it. Mayor Jacobson stated that they have to go through a fairly reasonable process through the PUC to implement this. The City was gaining up to $10 to $12 million when they were buying oil to run their generators of which they were paying 6% sales tax - passing that right on to the rate payer. Now they have switched to natural gas, some of which we don't get franchise fees on, a good portion they buy directly and transport in. He does not see where it is that different and he is willing to take the chance that the PUC doesn't see that it is that different, and that it is a reasonable charge of doing business, and would be passed to the rate payers as a whole - not to the individual rate payers. Councilman Wise stated should the City implement it, Edison has to verify that they are going to go to the PUC. If they go to the PUC, then they must get approval to even pass the tax/fee on - and they have to get approval just to pass it on to El Segundo. Presently, he felt it was time to do something. MOVED by Councilman Wise; SECONDED by Councilman West to implement the natural gas tax. Mayor ProTem Dannen stated he would like to offer a compromise to the Utility User's Tax. It is not secret that the AQMD is tightening its controls everyday, and that we have moved into a specific direction to add our own air quality management section to our general plan and taking positive actions in governing our air quality. Mayor ProTem Dannen requested a roll call ballot: MOTION PASSED BY THE FOLLOWING VOICE VOTE 3,12 - AYES: Mayor Jacobson, Counczlmemobers West and Wise. NOES: Mayor ProTem Dannen, and Counczlmemaber Cruikshank 2. Freight Forwarding and related conditional use permit issues. Mayor ProTem Dannen briefly addressed freight forwarding and related conditional use permit issues, and recommended that the City hire a consultant to seek out those vacant /or in use for freight forwarding, then batch process the CUP permits for those properties. Also, for the City to absorb the costs for this. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to hire consultant to seek out those vacant/in -use properties for freight forwarding, batch process the CUP's for them, notify the owners by mail, and for the City to absorb the expense. Ron Simms addressed Council regarding another means to expedite applications as far as freight forwarders, and recommended they make it an Administrative Use Permit instead of a Conditional one because that would be expedited, and the City could in fact increase the fee, eta Mayor Jacobson stated that this would be an ordinance, and they could not just waive an ordinance. Councilman Wise stated he feels the request does not seem unreasonable, but it is not always so easy to undo something you have done in City government as it is to implement it. City Attorney Dolley stated that conditional use permits are provided for in your city code which are adopted by ordinances. Should the Council wish to change the methodology - not the timing - of conditional use permits, they are mandated by State law and would take an ordinance to change all of that. This ordinance takes a first and second reading, and would not go into affect for 30 days. There is a vast difference between the AUP process which is an administrative process of the City, and the State mandated CUP process. City Council Minutes 9 February 4, 1992 7:00 p.m. Councilman Wise asked if you take uses out, does that also take redoing the ordinance; City Attorney Dolley responded yes. Councilman West questioned what advantage or disadvantage does the City really have by not converting from a CUP to an AUP. Mayor Jacobson stated that the only place the City has the AUP process is in a temporary interim zoning ordinance, and in order to modify it will take about two months, and asked how long it would take to grandfather an overall CUP for all of the existing freight forwarders without a CUP now; Councilman Wise stated that this question was asked in a sub- committee meeting and Planning Director Morries stated that the AUP is not to be used as a normal way of processing - you actually destroy the process by doing this. Hyrum Fedji, Director of Building & Safety - Interim Planning Director, responded that staff is presently in the process of putting together a staff report for Council's February 18 meeting which will show them the mandated requirements for a CUP by State law and which are incorporated in local ordinances. He stated that there are certain time line restrictions required which need to be considered, and it is not an AUP. City Manager Cano stated the fundamental problem is not necessarily the CUP process, it is those uses which the City has decided are subject to the CUP process. Stan is preparing State mandated guidelines as to how to handle a CUP, and then will show them within their ordinance those of which the Council has decided through the history of El Segundo that fall within that category. First, Council can decide when they will continue that CUP process and direct staff to find out if they can expedite it through some source, or secondly they can go through the uses and decide which ones they like or do not like, and then subject those to an AUP process - or - allow those by right. Councilwoman Cruikshank asked where the money will come from for the hiring of an outside consultant; Mayor ProTem Dannen responded out of the general fund. Mayor Jacobson stated he had a problem with the money coming out of the general fund, and asked Mayor ProTem Dannen to consider modifying it to spread the cost over all the CUP's to cover the City's cost. Mayor ProTem Dannen responded he felt it would help to process it faster if they were able to tell the owner's that it would not cost them anything, and asked them to cooperate by giving the City the statistics up front to make this problem go away. Mayor ProTem Dannen called the question and restated the motion as follows: MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to hire consultant to seek out those vacant /in -use properties for freight forwarding, batch process the CUP's for them, notify the owners by mail, and for the City to pay for out of the General Fund. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/1: AYES - Mayor ProTem Dannen, Crai]ksbanly West and Was. NOES - Mayor Jacobson. Mayor Jacobean - NONE PUBLIC COMMUNICATIONS - (City Business Only-5 minute limit) Two individuals addressed Council under public communications. R..J. Switz.1209 E. Maple addressed Council regarding bookbinding, and recommended the City consider purchasing Prodigy for the Library. Patty PMMter. 920 Dune Street addressed Council thanking Mayor ProTem Dannen and Councilman Wise for coming down to help them last weekend, and that the 640 phone number took too long - and the AQMD recommended that they call the 800 number instead. MEMORiAI.B - NONE CLOSED SESSION - NONE ADJOURNMENT at 9:45 p.m. to 5:00 P.M. January 18. Y Lola Freeman Deputy City Clerk City Council Minutes 10 February 4, 1992 7:00 p.m.