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1992 JAN 21 CC MIN-7M NUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JANUARY 21, 1992 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE led by Councilman Wise. INVOCATION by Reverend Alexei Smith, Saint Andrew Russian Greek Catholic Church. PRESENTATIONS Mayor Jacobson announced that the City had received proclamations from other cities on the City of El Segundo's 75th Anniversary, and then presented Scrolls to the Diamond Jubilee Committee Members. ROLL CALL Councilwoman Cruikshank - Present Councilman West - Present Councilman Wise - Present Mayor ProTem Dannen - Present Mayor Jacobson - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Eight individuals addressed the City Council. Sue Carter - addressed Council on a great 75th Anniversary Jubilee. She announced as of today the Friends of the Library had received $88,126.53 in donations, and would like to be placed on the February 4 agenda as requesting the City match the $20,126.53 in recent donations received. Judith Miller - Simms Development - addressed Council asking that Freight Forwarding be agendized on February 4 agenda. R.J. Switz. 1209 E. Maple - addressed Council stating he wished to comment on the public hearing cf the City's Budget. He stated he concurred with the individual which addressed the Council on January 7 regarding no politicking at public meetings. Bill Mason. President - Chamber of Commerce - addressed Council stating he wished to speak on the public hearing of the Interim Zoning Ordinance. Steve Garinger, 440 Bungalow - addressed Council stating he wished to speak on Special Order of Business Item Number 1 - Golf Course. Mayor ProTem Dannen announced as an administrative comment that he would not be seeking a second term on the City Council during the upcoming election, and that the filing period will be extended. He stated he has enjoyed his terms and thanked the public. Mayor Jacobson asked City Clerk Hart for clarification on the extension of the filing period; City Clerk Hart stated that if any one of the three incumbents do not file, then the filing period will be extended to February 11, 1992. J.B. Wise, 519 Maryland Street - addressed Council stating as a private citizen he felt that El Segundo will be a little worse off should Soot Dannen not run for City Council. He also stated that as a private citizen he had concerns on the General Plan and the IZO, as it pertains to the outcome of a law suit recently filed and attempting to nullify the election of Jan Cruikshank. He stated that this was City business number one because should Councilwoman's election be null and void, it could impact either the Interim Zoning Ordinance or General Plan. The extension of the IZO required a four - fifths vote, and Councilwoman Cruikshank was the pivotal vote which let the IZO be extended and gave the residents of the community a little extra protection from development. Mr. Wise stated he would try to keep it as third party as possible by not mentioning names, but felt there was a problem which the community needed to be aware of. Mayor Jacobson asked clarification from City Attorney Dolley on whether this could be discussed due to the City's involvement; Mr. Wise responded that he had spoke with and cleared this issue through the City Attorney, and felt that this was City business. City Attorney Dolley responded there were legal issues which deal with the election process, and at this point the City is not a party to any such action. He spoke with Councilman Wise today and felt that - as he has advised all Councilpersons - have a certain right to say things publically just as the public does, and that up to this point he found nothing from a legal point of view that would indicate he could not speak further. He stated he would continue to monitor what was being stated. City Council Minutes January 21, 1992 7:00 p.m. Councilman Wise continued stating that these actions are repugnant, and that there had been an FPPC ruling that Councilwoman Cruikshank had done nothing wrong. Further stating he wanted to make the community aware - as a private citizen - of what is going on. It was time the community got involved, find out what was happening, and that their rights as voters was being challenged to elect representatives. It was time the City and the residents of El Segundo got involved and act on it. 1. Request Of The Center Street PTA - Pamela R.C. Hodge, 4th Vice- President - To Reschedule from December 7 to February 23 the 5/10K Run As A Fundraiser. Pam Hodae addressed Council asking for their support by approving the Center Street PTA to reschedule their 5/10K Fundraiser Run from December 7 to February 23, and to waive all fees for services. MOVED by Councilman Wise; SECONDED by Councilman West to approve request and waive fees for services. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Mayor Jacobson asked if they would like to amend their motion to include staff looking into possible traffic problems due to this being a Sunday and that the run will be passing two churches; Councilman Wise concurred. MOVED TO AMEND MOTION by Councilman Wise; SECONDED by Councilman West to approve request and waive fees for services subject to the Traffic Engineer's evaluation of traffic impact. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Mayor Jacobson closed public communications portion of the meeting. A SPECIAL ORDER OF BUSINESS Continued Public Hearing - Discussion on the Interim Zoning Ordinance No. 1170 extended by City Council December 17, 1991. Mayor Jacobson stated this was a continued public hearing on the Interim Zoning Ordinance No. 1170 extended by the City Council on December 17, 1991. He asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Planning Department, and that one written communication was just received from Matt Velzy - Owner of Stuft Pizza. Mayor Jacobson stated the Interim Zoning Ordinance only applies to the area east of Sepulveda, and opened the public hearing for comments. Bill Mason - President of the Chamber of Commerce addressed Council stating the City Council has shown - certainly by its actions, its appreciation the roll that business and industry plays in our community. The City services provided by El Segundo are financed primarily by revenues derived by business license tax and utility user tax. The City Council is challenged in balancing the desire to maintain El Segundo as a small - comfortable city against encouraging businesses which generate tax revenues. Not only does the Council have the responsibility to the residents of El Segundo, but they also have a big responsibility to the property owners in the City where millions of dollars are at stake with the updating of the General Plan. Prospective businesses are leaving El Segundo and moving to neighboring communities which will cause serious economic losses to the City in both the IZO and the General Plan - which have so far have been perceived as discouraging business in the City. Therefore, the Chamber urges the Council in their deliberations in the IZO and General Plan, to carefully exam the dilemma of business. In the permitting process, the Chamber urged Council to expedite it so that the city may compete with other cities in obtaining revenue, producing business, and obtain the highest and best use of vacant buildings in the City. The City cannot afford to loose the important sources of revenue while they are working out the problems of updating the General Plan. The Chamber will continue to input to assist them in this difficult task. Mac Dalgleish, 624 Sierra Street - suggested rescindtion of the IZO as an alternative for the Council to consider. He stated that if the Council reviewed the IZO at the 5:00 pm workshop, and on the left hand side where it states "current revisions" put an asterisk after the word "revisions ", and at the bottom of each page they could put the notes along side the asterisks as follows: 1) Subject to permit limitations of Section 16.03.010 of the Municipal Code -which in affect limits new commercial structures to 3,000 sq.ft., and manufacturing or industrial structures to about 5,000 sq.ft., without going through the California Environmental Quality Act process - so that the City has that check and balance there on new structures. That same section also gives the check and balance on additions and tenant improvements which are more restrictive than what is in the IZO itself; 2) Subject to Chapter 20.70 - Non - Conforming Uses, another way to look at the property that is east of Sepulveda; 3) Subject to any existing conditional use permits; 4) Subject to meeting the Air Quality Standard, and 5) Subject to being in conformance with every other section of the Municipal Code. Also stating that two weeks is too excessive for staff to verify the application is complete; recommended they be done over the counter. City Council Minutes 2 January 21, 1992 7:00 p.m. Jim DiCarli, Goodglick Company addressed Council recommending elimination of the Business License Permit for Administrative Use Permits - primarily east of Sepulveda Boulevard - where the majority of the properties are located. Karen Ackland, 300 N. Continental addressed Council complimenting Kendra Morries, Planning Director, on the document, and that it was excellent and cleared up a lot of confusion. She asked that they consider the economy and the expediency of whatever is put into place - in terms of how it is administered. Jim Sullivan, Klabin Company Representative addressed Council stating he felt that the IZO is unfair to the property owners of vacant M2 zoned property to make them wait 4 -6 weeks for a conditional use permit, and asked them to revise the document. Jim McGoldrick, addressed Council asking continuance of the moratorium until the General Plan could be straightened out, and that they not adopt the IZO. He submitted documents to the City Clerk for distribution to the Council, and stated he agreed that the City needed to attract business but hopefully the land will be developed low density. John Aber, Co -Owner - Warehouse Property addressed Council stating he was co -owner of warehouse property on Maple - east of Sepulveda, and stated that the IZO could have a detrimental affect, and that Constitutional - Amendment No. 5 being possibly affected. Gail Church, 406 Virginia Street addressed Council stating concerns regarding property rights and asked Council to be sensitive to this. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilman West stated concerns as follows: 1) Business not coming into El Segundo due to time restrictions, etc.; 2) Technical Process; 3) Property rights, and 4) Mr. Euberhoff s comments regarding hostility by cities toward businesses, time, and costs of permit process. Councilwoman Cruikshank stated the following regarding the IZO: 1) There was a clarification tonight on the Air Freight issue which was very cloudy up until tonight; 2) She agreed with Councilman West that this was a very serious matter, and does not take what the businesses are saying lightly; 3) Stated concerns, even further down the road, when they get to the General Plan; 3) Air Product Company - felt strongly and hoped that the Council does not carrying a responsibility to stop this company from growing in El Segundo, and thought that they had given the City a lot. 4) Stated when the Council speaks about the General Plan it is said as though it has already been approved - which it had not been as of yet. Councilman Wise announced that there will be a Joint City Council/Planning Commission Workshop on the General Plan will be held on January 23. He stated the following regarding the IZO: 1) 9510 of the budget is paid by business; 2) Residents, land owners, and businesses are very important to the City; 3) Recommended a one -page application which could be done over the counter; 4) CM and M1 uses for M2 applications seems a reasonable request not to require a CUP; 5) As far as a Business License not being tied to IZO, he needed further discussion; 6) Existing problems with AUP - he felt that the IZO is reasonable - may be cut down time to one day, 7) Economy needs to be a consideration. Mayor ProTem Dannen stated the following regarding the IZO: 1) General Plan needs to be changed due to the City's responsibility to protect itself; 2) Historically looking at moratoriums it is not acceptable and does not work; 3) Circulation Element is the most important; 4) Goal - to create compatible uses downstream; 5) The IZO is to protect long -term property interests of those individuals involved; 6) M2 property - does not want to see air freight businesses there, but agreed in allowing those air freight businesses presently there to continue as a use; 7) Willing to vote yes on the IZO; reduce the permit time for those individuals who do not have a conditional use permit and were affected by the 1989 decision. He stated his best advice was to come down and asked for a conditional use permit, and 8) Max out the development on the east side of Sepulveda as long as it meets the City's Circulation Element, because it will create jobs; will maintain the property values on the west side of town. Mayor Jacobson stated the following regarding the IZO: 1) The moratoriums which Mayor ProTem Dannen mentioned were on construction not on existing buildings, and on the General Plan they are worried about new construction coming in that is non-conforming to what might be the new General Plan; 2) The City does have a lot of buildings in place in smaller nature and do need to stay occupied, and 3) Recommended that Council modify it to allow existing uses to turn over, as long as they are not add any square footage or modify the exterior of the building - which would allow them to have much quicker access to tenants. Councilman Wise questioned whether the City could include or attach the Pre-1989 properties to give them the same rights as the CUP property. City Council Minutes 3 January 21, 1992 7:00 p.m. Kendra Morries, Planning Director, responded that staff could rewrite the IZO that existing businesses could turn over, provided that they were equal to or less than an impactor - however the Council wished to define it. She stated that she takes no position on the IZO with this statement but to state that should the Council do this, then put the IZO aside because it would be going the opposite direction from what the IZO does. If there are particular uses that we're interested in making sure that we review on a case by case basis, then they can put that language in the code. The underline issue is that with certain properties, particularly the northeast quadrant - El Segundo, Sepulveda, Aviation, and Imperial - those areas with mixed use inparticular have existing designations which are so far removed from what mixed use will be, unless Council determines to not allow uses that are incompatible - put the IZO aside. Mayor ProTem Dannen questioned in trying to get there is such a problem that maybe the Council would be willing to throw out the mixed use concept; go back to the old zones; revise the Circulation Element, and wait out the next five to ten years and hope that the City does not get challenged to many times in court; Councilman West stated he would agree to this; Ms. Morries responded that another option Council could consider would be to let the market decide. Councilman West stated Mac Dalgleish made earlier comments of some things the City has in place without the IZO, and asked her if many of those things would cover much of the areas that the City is interested in covering; Ms. Morries responded that his notes were so detailed that she would need time to review them before responding. Mayor Jacobson stated that some of the buildings probably in ten or fifteen years would be ready for reuse when the market goes up. With the present down market, the reuse of those buildings in their present state - not upgrading or expanding the buildings - he did not see where that would hurt their goal in the new General Plan; Ms. Morries responded that if the Council concurs with this, then they do not need the IZO. Councilman Wise stated he was not in favor of heavy use freight forwarders driving through the streets of the City, and that this issue could be discussed as a separate issue. Councilwoman Cruikshank stated that the IZO doesn't talk about the freight forwarders, and asked if they still had to get the CUP; Ms. Morries responded that was correct. Councilman Wise stated that he understood that without the IZO they have the right of zone to move in; Ms. Morries responded that they do in the M2 zone. Mayor ProTem Dannen stated when he looked at the east side of Sepulveda Boulevard he felt that it would be a great opportunity to turn some land into a higher and better use. Open up Mariposa all the way through 120th; put in some mixed uses, and allow those being pushed out of the manufacturing process to sell off their property at a higher and better use. Also, at a future date to put in a convention center; set up City's own transportation system; tap the flow of traffic in and out of LAX, and build the City into something viable and real. The purpose of the IZO was to allow those property owners east of Sepulveda to turn their property to a higher and better use which would do something for them and the City. Mayor ProTem Dannen stated that the Council could through out the IZO; move the General Plan back to the old zoning codes; change the Circulation Element, and then wait four to five years. Should the Council decide to do this, they will see rising costs, and a drop in the City's revenues. Therefore, the bottom line is that Council will need to look at the budget; do some serious downsizing and cutting of services. Councilwoman Cruikshank asked Mayor ProTem Dannen for clarification on his comments regarding rising costs should the Council not go along with the General Plan. Mayor ProTem Dannen stated what he meant by rising costs is that the City has some Memorandums of Understand which they need to fulfill, and there is always a need for the purchase of equipment which costs more than it did five years ago. The biggest costs is services, and the City is labor intensive; the City has had to go a 5% increase each year. Councilman West stated he agreed with him, but the City wait and hope that the recession could be over within the next two years, and then return and discuss the possibility of getting the convention center, etc. Mayor Jacobson stated that he did not think anyone there had been advocating freight forwarding uses; Mayor ProTem Dannen stated that there were 50 acres scheduled to be raised in the City of which one of the first uses which came in was a large parking lot, and if this IZO had not been in place, that would have gone through as it was. Mayor Jacobson stated that was why he did not make any comment about changing for new uses. He felt the IZO could handle that part of it. Also stating that his comment was strictly for the in place buildings which they do not want to see vacant. City Council Minutes 4 January 21, 1992 7:00 p.m. MOVED by Councilman West; SECONDED by Councilwoman Cruikshank to rescind the IZO, and direct staff to come up with additional regulations to assist them resolve all of the comments made tonight. Mayor ProTem Dannen called discussion asking if the Council if they were prepared this moment to turn some 50 acres - plus into parking spaces or freight forwarding, because once the IZO is stopped this is what will happen. Mayor Jacobson stated his earlier comments were not in throwing out the IZO, but modifying the IZO. Councilman West asked Ms. Morries if the parking lot and freight forwarding uses just mentioned were subject to a CUP; Ms. Morries responded they were not. That the property in question was M2 zoned property which allows by right distribution centers. Councilman West asked if they could include that on the agenda for the next meeting; Ms. Morries responded suggesting that Council do it this evening as an urgency ordinance - unless the City Attorney feels it is inadmissable. Mayor Jacobson stated that another reasonable way would be to leave the IZO in place for the next two weeks to enable them to create something to replace or modify it. Councilman Wise stated prior to them rescinding the IZO, he recommended they direct staff to make some recommendations on all of the input they have had; addressing the freight forwarding situation, etc., and based on this input and agendize it. Mayor Jacobson suggested Council request the sub - committee, Chamber of Commerce, and staff meet and discuss the input they have received. Councilwoman Cruikshank questioned should they withdraw their motion; put it back into the hands of the sub - committee, and after meeting they return with a recommendation of changes, would they please consider that the immediate problem is here now, and then asked them to consider this. Councilman West withdrew his motion; Councilwoman Cruikshank withdrew her second. Councilman West then recommended another 5:00 p.m. meeting where all participants would discuss the comments and possibly resolve the issue. City Manager Cano clarified he understood Council wished staff to focus on four areas, and asked them for the opportunity to analyze those areas; Mayor Jacobson stated he would like for the sub-committee to do this as soon as possible in order to allow the public the opportunity to review it. MOVED TO AMEND MOTION by Councilman Wise; SECONDED by Councilman West to reopen public hearing and continue it to 7:00 p.m. January 30, 1992, and to schedule the IZO for 5:00 p.m. on January 30. Also, to agendize an item for Mayor ProTem Dannen regarding AB939 - Exclusive Trash Contract. MOTION PASSED BY UNANIMOUS VOICE VOTE 5,/0. RECESS at 9:00 p.m. RECONVENED at 9:20 p.m. ROLL CALL All Councilmembers present. 2. Public Hearing on Water Shortage Contingency Plan. Mayor Jacobson stated this was a public hearing on the water shortage contingency plan. He asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Public Works Department, and that no written communications had been received by the Clerk's Office. City Manager Cano presented a brief report then asked Council to adopt a resolution to approving the plan. Mayor Jacobson opened the public hearing for comment; No one wished to address the issue, therefore he asked for a motion to close the public hearing. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to read resolution by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 5 January 21, 1992 7:00 p.m. City Attorney Dolley read Title Only: RESOLUTION 5745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO WATER SHORTAGE CONTINGENCY PLAN. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to adopt Resolution No. 3745 to include change on Item No. 3 - only to the City Council. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 3. Continued Public FIearing On Proposed Fiscal Year 1991 -92 Budgek Mayor Jacobson stated this was a continued public hearing for the proposed Fiscal Year 1991 -92 budget with Council approved changes. He asked City Clerk Hart if proper noticing had been done, and whether any written communications had been received; City Clerk Hart responded that proper noticing had been done by the Finance Department, and that no written communications had been received by the Clerk's Office. City Manager Cano presented a brief report stating that staff has included Council's policy objectives in the budget as maintaining the high quality standards in the delivery of services to the public and private and the residential and non - residential sectors; continuing existing programs; to build up capital reserve fund - specifically for anticipated $12 million which they feel they may be obligated to pay as the City's contribution toward the upgrade of the Hyperion Plant - and other infrastructure deficiencies; to build up the City's general fund reserves, and to accomplish all of these with a balanced budget - at the same time absorb the contractual obligations under the City's memorandums of understanding, and inflationary increases. Also stating, that for FY 1991 -92 budget is projecting $2.79 million and they are now estimating $4 million mainly because of the clarification of the AB2557, which the City now has a confirmation that it will in fact this year reach its full 7% on that property tax adjustment. Mayor ProTem Dannen stated it was his understanding that Supervisor Deane Dana was the individual who stood up for the City; City Manager Cano stated that it was a combination of two things: 1) SB 76 introduced by Senator Beverly and, 2) Supervisor Deane Dana pushing the County to make an interpretation at that one year withholding was only for one year. City Manager Cano also stated as staff uses these numbers to balance the budget, they are now looking at more than $1 million coming in above what they estimated because of this decision on AB2557. Sales Tax - staff is projecting a slight decrease to what they originally put together; Franchise Tax -staff is feels comfortable with their conservation estimate; Transient Occupancy Tax - staff feels is extremely conservative and will come in a little higher than estimated; Business License Tax - staff feels that the budget which was not prepared based upon increase in taxes, but in actuality the City will be receiving slightly more because of the increase components of the business license tax; Investment Earnings - although the interest rate has gone down, the City's principle investment has gone up, and Plan Checks - staff is projecting a slight increase in the fees coming up with an increase in the pick up of economy. Over all, from the projected revenues of $25 million - when most likely they will come in at $28 million, and this increased amount was not included in the budget because staff understood Council's objective to increase their CIP and General Funds based upon these uncertainties. Mayor Jacobson opened the public hearing for comments. R.J. Switz. 1209 E. Maple addressed Council stating he prepared a matrix for their information. He then spoke about expenditures. He then stated that he could not account for the transposition of $3 million moved from the General Fund over to the CIP. Mayor Jacobson thank Mr. Switz for the matrix and information. He stated that this matrix shows the CIP going down each year. Mayor ProTem Dannen stated that the CIP is going down, but the City is spending more overall. Therefore, the goal on spending more on the CIP and less on the General was not accomplished. City Manager Cano stated that the City does not have redevelopment agencies or specific types of capital improvement fees which would support the City's capital improvement projects, and rely specifically on its General Fund to support a lot of capital improvements. Therefore, staff transfers out of the general fund - in this case the $3 million. Councilman Wise stated as far as he was concerned there would be a zero increase to the FY 1992 -93 budget, and felt that it was time that they approve the budget. Councilman West agreed in approving the budget, and he like to approve the budget the way it is amended; direct the City Manager to look towards a 10% reductions over the next two years. City Council Minutes 6 January 21, 1992 7:00 p.m. Mayor Jacobson asked if anyone else wished to address this public hearing. He then entertained a motion to close the public hearing due to no one wishing to speak. MOVED by Councilman Wise; SECONDED by Mayor ProTem Dannen to close public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilwoman Cruikshank asked City Manager Cano for clarification regarding the library detection system and whether or not it was approved to use the asset forfeiture money. City Manager Cano responded that even though initially it was recommended that they use the asset forfeiture monies, staff got a determination that it would not be appropriate to use the asset forfeiture. Therefore, they are using the general fund monies for the book detection, and using the monies that were initially intended to be used for the book detection services - use their capital outlay monies, which was general fund, and those items in the Police Department that they intended to use under capital outlay were going to be transferred to asset forfeiture. Mayor Jacobson questioned whether the deference was $2700; City Manager Cano concurred. Councilwoman Cruikshank stated that she had been told several times that the City is financially in the best shape it has ever been, and then asked if this was a true statement. City Manager Cano stated that if they took a snapshot at where the City is today in terms of incoming revenue, outgoing expenditures - general obligation expenditures, in his opinion the City is in a healthy state of mind. However, if you start looking at the near future of the City and further decline of the economic base, the potential for a $2 to $4 million liability under the aerospace decision; a $12 million obligation under Hyperion, and a dilapidated infrastructure system, then the City is not in a good financial state. Mayor ProTem Dannen recommended that Council look into the Planning Department's budget because he felt that they were under funded in order to meet the Council's needs. He stated that he felt they need at least two more people. Councilman Wise stated they have a General Fund of $28,148,321, and that they should adopt the budget. Should Planning need two more people, then they should get them - but make the budget work. Mayor Jacobson stated that Council discussed the Utilities Manager position at their last meeting. Mayor ProTem Dannen asked if they were cutting that position; Mayor Jacobson stated he recommended they do not. City Manager Cano responded that it was recommended they delete that position because of an overlap in positions and they were trying to economize. Mayor Jacobson stated that this position was not being paid out of the general fund but was being paid out of the water fund. Mayor ProTem Dannen stated if it was being deleted due to linear management - which he feels is a good goal - then he feels that the entire department needs to be looked at because there are three divisions in that department which have straight linear management. Therefore, it should not be just a recommendation of one, but should be a recommendation of three. He felt that Council should send this one back to staff. City Manager Cano stated that staff did look at this. Looking at the organizational chart it may look like some of the divisions are the same, but their duties and responsibilities differ greatly. Staff did a study on this one position and verified that there was a duplication of effort. Therefore, he could not justify this position. Mayor ProTem Dannen questioned that if the City has excess in the Water Department, then where are the reports regarding the infrastructure in the Water Department which were promised to Council by December, 1991. City Manager Cano asked Mayor ProTem Dannen if he was speaking of the video taping of the water /sewer lines; Mayor Jacobson stated partially. Mayor ProTem Dannen stated that in July, 1991 staff was directed to prepare a report on the infrastructure of the City to include water and wastewater lines. They were promised a number of times that they would get it, and he was promised during a November meeting that Council would have full reports by December, 1991. MOVED by Councilman West; SECONDED by Councilman Wise with discussion - to adopt the budget for $28 million with amendments. City Council Minutes 7 January 21, 1992 7:00 p.m. Councilman Wise stated he would like amending the motion by adopting the budget for $28 million with the proviso that staff submit the reports on the infrastructure water /wastewater reports, and a recommendation on the Utilities Manager and two Planning Department personnel. City Manager Cano stated he would like to meet with staff and the Council to discuss this in order to recommend on how to deal best with these workload demands. Mayor ProTem Dannen stated that he was not recommending the hiring of two full time positions. City Manager Cano stated that should the Council adopt the original budget amount of $28,148,321 and direct him to absorb an additional $882,000, this will affect those services. Councilman Wise stated that he would not be absorbing the $882,000. Monies from the Diamond Jubilee will be coming in. MOTION AMENDED Councilman West; SECONDED by Councilman Wise to adopt the budget for $28,616,186 with amendments, and to submit the reports on the infrastructure water/ wastewater reports. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411. AYES: Mayor ProTem Dannen CruikAnnls, West, and Wise. NOES: Mayor Jaaobeon. B. UNFINISHED BUSINESS - NONE C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Authorization to enter into a contract with Halsey Daray Golf for the preliminary design of the El Segundo Golf Course Project. Rollie Wright, Director of Recreation and Parks, presented Council with a report stating that the Recreation & Parks Commission and staff were recommending Council enter into an agreement with Halsey Daray Golf, appropriate funds in the amount of $83,034 from the Golf Course Fund for architecture/ engineering services to assist in the development planning, design and construction of the El Segundo Golf Course. He stated that Recreation & Parks Chairman Croxall will be explaining the process that the Commission and staff went through pursuant to Council's direction in selecting and recommending the Golf Course architect. Mayor ProTem Dannen questioned when the Council develop / create a Golf Course Enterprise Fund; Mr. Wright stated he believed when the City took over the percentage concession lease agreement with Alondra Golf on the driving range, an enterprise fund was established for golf. Mayor ProTem Dannen questioned whether this was done by a motion of the Council; City Manager Cano stated this was done prior to his coming to the City. Mayor Jacobson stated that the City Manager created the sewer enterprise fund at the same time, but he did not know for sure whether officially ever created the golf course fund. Mayor Jacobson stated he thought that the financing and funding of the golf course was not determined yet, and that he was unaware that this Council took any action to create a special fund in the budget. Mr. Wright stated that there was a separate category in the budget that lists on an annual basis the golf course revenue; Mayor Jacobson stated that the budget also calls it an enterprise fund in the budget, but that does not mean that the Council created it. City Manager Cano stated it is created by the passage of the Fiscal 1991 -92 budget, but would need to go back to find out when it was actually created. Mayor ProTem Dannen stated for the record he had not made any decision about how the golf course would be financed nor has there been a majority decision of this Council. Mr. Wright stated that what they are recommending tonight is that they take existing revenues in the golf course projected revenue account to pay for preliminary design services. Upon approval of Council, those preliminary designs will come back to Council and ask for the necessary funds to get into the construction document phase. As it goes along when it comes down to an estimate of golf course construction, then the determination of the golf course project. Mayor ProTem Dannen stated he wanted to raise the question at the next regular meeting as to whether the Council wanted to set up an enterprise fund. Dick Croxall, Chairman of the Recreation & Parks Commission, stated for clarification this was only a request for the design phase. He stated that there have been five Commission meetings City Council Minutes 8 January 21, 1992 7:00 p.m. of which the they only discussed the golf course. In July, they developed the request for qualification (RFQ) for distribution; in August a special meeting was held inviting potential design and operators to discuss potential operation and design of the course; in September, staff mailed forty (40) RFQ's to suppliers taken from a list developed from the consultant which ran the golf course study recently, and from the National Golf Course Director; on October 13 they received thirteen (13) responses back which the sub-committee spent two to three weeks reviewing, and the Commission then reviewed the findings. The categories reviewed were experience, project of like size, overall impressions of material provided, and was golf courses their business or was something else. Four finalists were selected then interviewed by staff and the subcommittee. The Requests For Proposals received in November were reviewed and Halsey Daray was selected. Councilman West complimented Chairman Croxall on the request for qualification idea. Councilman Wise questioned why were the contingency expenses so high; Mr. Wright responded that it was due to staff's concern of unexpected expenses arising (i.e. additional meetings called, problems in the field, etc.). Councilman Wise asked how this is going to be charged out; Mr. Wright responded that it would be by the hour. Councilman Wise stated he was uncomfortable with that, and that there have been other studies which have already been done that the results could be used instead of other studies being performed. Mayor Jacobson questioned whether the $69,195 included the statement on Page 3 of the agreement which states "including reimbursable expenses not to exceed $5750 "; Mr. Wright responded that it did. City Manager Cano recommended that they limit that contingency to 10% of the contract amount; Council concurred. Steve Garinger, 404 Bungalow addressed Council stating that this is to do preliminary designs for the golf course, and was confused as to why there was a fee schedule for schematic design when the City already has it on file. Mr. Wright responded that the schematic plans which Mr. Garinger is speaking about were done by American Golf some time ago, which will be a resource available to the consultant. Mayor Jacobson stated he believed these plans include Edison, and understood that they would have been available all along. Councilman West questioned if these old plans copyrighted to American Golf, and if so, wouldn't the City be infringing on their copyright. Mr. Wright responded he believed so, and that he had never seen the drawings; City Manager Cano informed Council that staff would research this. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve staff to enter into an agreement for $69,195 with a 10% contingency of the contract amount. Councilman Wise called a discussion. Mayor Jacobson stated that the City had problems in the past and does not have a professional in house to oversee the project which means they will be relying on the contractor to be the project manager also. Mayor ProTem Dannen called the question. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES - Mayor ProTem Dannen, Councilmembere Cruikehank, West, and Wise. NOES: Mayor Jacobson, 2. Council authorization to enter into a month -to -month contract with Super Sports for the purpose of providing golf sales and lessons at the El Segundo Golf Course. City Manager Cano stated pursuant to Council direction to proceed to solicit services for pro- shop operator and also for the driving range operations. Mayor Jacobson questioned whether this was for short -term; City Manger Cano concurred. Mayor ProTem Dannen questioned why staff did not go out for a proposal; Mr. Wright responded that staff originally did not anticipate operating the pro-shop. Staff knew of the following four companies in the immediate area, Super Sports, Alondra Golf, Gary Saxon, and Sylban which City Council Minutes 9 January 21, 1992 7:00 p.m. might be willing on a short- term/month -to -month basis provide services. After contact these companies and explaining the project and it being a month -to -month basis which would end in approximately five to six months, staff decided that Super Sports was the best one available. Super Sports is willing to provide the City with a base rent of $500 per month, but they also will be providing a 8% of their gross sales in addition to providing part-time people to work. Mayor Jacobson stated that staff may want to add that in the future so that it does not look like a sole source. MOVED by Councilman West; SECONDED by Mayor ProTem Dannen to approve entering into an agreement with Super Sports for this purpose of providing golf sales and lessons. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. D. CONSENT 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 37958 -38145 on Demand Register Summary Number 13 in total amount of $1,397,514.71. Approved Warrant Demand Register and authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments. 2. PULLED FOR DISCUSSION BY COUNCILWOMAN CRUIKSHANK. 3. Approval in concept of formation of a JPA to administer a housing voucher subsidy program for Air Force personnel, and contribution to JPA of $50,000 for each of two years. Approval of concept, and contribution to JPA for $50,000 for each of two years. 4. PULLED FOR DISCUSSION BY MAYOR JACOBSON. MOVED by Councilwoman Cruikshank; SECONDED by Councilman Wise to enact all consent agenda items except for Item Nos. 2 and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA: 2. City Council Minutes of January 7, 1992. Councilwoman Cruikshank asked for correction to be made to the minutes on Page 5, Paragraph 3 referring to the heliport. She stated that she would have liked to have the Velvet Turtle on the original requested site. Councilman West asked for correction to be made to the minutes on Page 3, Paragraph 3 where it starts with Mayor Jacobson - the word "draft ". He stated that he did not recall that this was the way they authorized it, and that he thought they stated that the meeting was recorded in two ways - both audio and video - and it should be quite clear that the public record is correct because they have both of those ways. He stated he has a problem with the word "draft" because it may be interpreted that maybe he said something or maybe he did not - nobody knows. Mayor Jacobson stated he remembered specifically because he was voting in favor of it. He stated they were draft, and they were to include that the other two items were available for double checking. Councilman Wise stated yes, but they weren't stamped draft. He then commented that the Mayor thought that they were draft and he thought they were the public record. Mayor Jacobson stated he also understood that they said that they were supposed to be in the Planning Department where all of the other General Plan items were and not in the City Clerk's Office. City Clerk Hart asked Council for clarification as to what they wanted done on the minutes. Councilman West stated to get rid of the quoted stamped draft; Councilman Wise concurred stating it was his understanding that they would not be stamped draft - that they were public record. MOVED by Councilman West; SECONDED by Councilman Wise to approve minutes with those corrections discussed. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411: AYES - Mayor ProTemn Dannen, CouncHmembers Cruikehank, West and Wise. NOES: Mayor Jacobson. City Council Minutes 10 January 21, 1992 7:00 p.m. Mayor ProTem Dannen stated point of order - that he believed that Robert's Rules of Order has specific requirements for the approval of the minutes. He asked the City Clerk to check into whether it takes a unanimous vote for approval of the minutes. If so, then agendize the minutes for the next meeting. 4. Submittal of the City's Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 1991. Mayor Jacobson questioned the City Attorney if there was something in State Code about the Council getting this report within a certain period of time; City Attorney Dolley responded that he did not believe so. Mayor Jacobson stated that he had a problem getting the report so late. He stated that if there was nothing in the code about this, he would like something under his name on the next agenda to get it on the code. Mayor Jacobson asked staff if there was a bound copy available because Council has always received a bound copy during the past so that they can store it; City Manager Cano responded that staff would transmit them bound copies of the report. MOVED by Councilman Wise; SECONDED by Councilman West to receive and file report. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. E. NEW BUSINESS - CITY MANAGER 1. City Public Library Expansion and Remodeling Project - Acceptance of Contract Work - Project No. PW 86 -3. City Manager Cano stated staff was happy to bring this item before Council as a completed project from a number of respects one as being the Community now able to enjoy an expanded library, and that this project had come in under budget within the timeframe established by the contract which truly represents Community input in the design and development of this facility. Mayor ProTem Dannen stated that the wall paper is not correct, and that the design does not match and needs to be torn out and replaced. Barbara Pearson, Library Director, responded that this was a part of the interior and was being taken care of, and is estimated to be completed by February 9. It will be addressed at the Council's February 4 meeting. Mayor ProTem Dannen stated that he has a problem with the location of the waste bins; Ken Putnam, Public Works Director, responded that they have been moved it to the Richmond Street side on the sidewalk. Mayor ProTem Dannen questioned whether staff had looked at how much it would cost to enclose the trash bin; City Manager Cano responded that they had not, and that he directed staff to complete the project as designed; put the trash bin where it was originally, and then look into it after the completion of the project. Mayor Jacobson stated direction back to the Library Board of Trustees to come up with an acceptable means of camouflaging it. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise of staffs recommendations. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 2. Hydroelectric Station - Payment of balance owing Southern California Edison Company for construction cost - CIP Project PF 82 -1 (Water Fund). City Manager Cano stated that staff was recommending a payment to SCE of $27,315.69 for work completed as part of the hydroelectric facility. When this was first designed back in 1985 SCE estimated the work as $20,269, and the City proceeded to pay that amount. Following that, there were some change orders that were directed by the City, and this request for payment is reflective of those change orders which are completed. Since the City is in litigation regarding this matter, staff did have general conversations with the City Attorney, and they feel by proceeding with this payment - the City is still going after the contractor for any work which was completed that is not acceptable to the City. MOVED by Councilman Wise; SECONDED by Councilman West to approve staffs recommendation. MOTION PASSED 13Y UNANIMOUS VOICE VOTE 5/0. 3. Clarification of City Council direction in awarding contract for home sound installation program to Wyle Laboratories. City Council Minutes 11 January 21, 1992 7:00 p.m. City Manager Cano presented a brief report stating that staff was asking clarification on whether Council wanted staff to change the word "detailed" to "general" guidelines on the contract. COUNCIL CONSENSUS TO CHANGE THE WORD OIDETAHM* TO "GENERAL GUIDELINES ON THE CONTACT. 4. Senior Citizen's /Adult Peer Counseling Program. Mr. Wright stated that there was a similar program four years ago with volunteers to be trained which was almost non - existent. He stated that staff could submit for funds from CDBG if Council wished, and that the public hearing scheduled in February would have information regarding CDBG funds. Councilwoman Cruikshank thanked staff for looking into this and looking into the program in what they offer. She stated she would like to encourage going in that direction, but should it turn out to be an added expense for the City - or if the interest was very low, then she would not pursue it. She stated that she would like to give it a try. 5. 616 -620 West Imperial Avenue proposed controlled parking lot - preliminary plan. Mayor ProTem Dannen asked that they forget this issue due to the outcome of the research. F. NEW BUSINESS - CITY ATTORNEY - NONE G. NEW BUSINESS - CITY CLERK - NONE R NEW BUSINESS AND REPORTS - CITY COUN(`EL ",3MERS Councilwoman Cruikshank - NONE Councilman West Candidate Information Packet - he stated the package is informative and the front page contained the item which had been violated so much during the past. Councilman Wise Recreation & Parks Golf Course Committee. Councilman Wise stated that the Recreation Parks Golf Course Committee mentioned that they may want a member of the Council on the Committee. He asked if there was a Councilmember interested in this, and asked City Attorney Dolley if there would be a problem regarding a conflict of interest. City Attorney Dolley stated he did not see any problems having a Councilmember on a Committee of this kind. Mayor Jacobson asked if this Committee was set up by the Recreation & Parks Commission; Mr. Wright responded the Commission asked staff to get some people to help them. Mayor ProTem Dannen stated he understood that it was the Council who established Committee's; Mr. Wright responded that once they received the go ahead on the golf course project, the Commission suggested staff to find individuals which could help with the RFQ/RFP since they did not have the experience. The Committee consisted of two Commissioner's, staff, and two citizens at large. Mayor ProTem Dannen recommended that next time ask the Council to approve any kind of Committee; Mr. Wright suggested the Council dissolve the Committee, and have staff prepare a request for Council consideration requesting a Committee be formed. Councilman West asked Council consensus to have staff bring this to Council on February 4. Councilwoman Cruikshank stated she would like to be on this Committee. 2. Councilman Wise asked the City Attorney about the General Plan as it relates to possible conflict of interest votes. Mayor ProTem Dannen asked if Council could go into Closed Session discussion on this issue due to potential litigation. City Council Minutes 12 January 21, 1992 7:00 p.m. Mayor ProTem Dannen Conflict of Interest. Mayor ProTem Dannen stated that this item pertains to a couple of councilmen up north which did some voting, and then went back to the City Attorney and asked for a ruling. The City Attorney gave them the ruling. The issue got challenged in front of the Fair Political Practices Commission, and they wrote back the City Attorney stating that after the fact is not the way to do it. All decisions on conflict of interest must be done before hand, otherwise you compromise the City Attorney. City Attorney Dolley stated that these two councilpersons from another city from the dais asked the City Attorney concerning a certain conflict of interest questions, and that City Attorney did not have that information or did not find out as much information that that conflict of information might entail - and did not do any research. This was simply a request in mind of the Council and anyone else who needs advise - to ask prior to making any decisions, maybe ahead of time to give him the opportunity to research it. 2. Request to agendize Utility Users Tax's portion which Council approved and directed staff to take no action on. 3. Reminder to the Hyperion sub - committee that time is passing. 4. Requested to agendize AB939 for January 30 for discussion and possible action. Mayor Jaoobeon 1. Recreation and Parks Commission is back to action minutes, and asked that they please do the whole minutes. 2. Stated that he went to a meeting with the Airport Commissioner and Councilwoman Galanter's representative, and stating that they have gotten somewhere out of the avigation easements. It is down to where a certificate to meeting a 45 Db in each habital room which is the California noise requirement would be sufficient. PUBLIC COMMUNICATIONS - (City Business Only -5 minute limit) Scot Kimble, addressed Council on the Golf Course Project, and then submitted a document for their review. Mayor Jacobson adjourned the meeting in memory of Janna Marie Durkiss. CLOSED SESSION The City Council moved into a closed session at 11:45 p.m. pursuant to applicable law, including the Brown Act (Government Code Section 54950, et s2g.) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and /or existing litigation and/or discussing personnel matters on the following: §54956.9(a) - (City a party to pending litigation) City of El Segundo ve. Los Angeles Kilroy ve. City of El Segundo Landeburg vs. City of El Segundo Stevens vs. City of El Segundo §54956.9(b) - (City might have significant exposure to litigation) Four matters. Personal Matters Two matters. ADJOURNMENT at 11:45 p.m. to January 23 at 7:00 p.m. n L - f Lo Freeman De uty City Clerk City Council Minutes 13 January 21, 1992 7:00 p.m.