Loading...
1992 MAR 17 CC MINMINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 17, 1992 - 7:00 P.M. NEXT RESOLUTION #3753 NEXT ORDINANCE #1173 CALLED TO ORDER by Mayor Jacobson at 7.00 P M INVOCATION by Reverend Donald Chisholm, Church of Christ PLEDGE OF ALLEGIANC led by Councilman West. ROLL CALL Councilwoman Cruikshank - Present Councilman West - Present Councilman Wise - Present Mayor PrcTem Dannen Present Mayor Jacobson - PmSent PUBLIC COMMUNICATIONS - (City Business Only - S minute limit) Six individuals addressed the City Council. R.J. Switz, 1209 E. Maple Avenue addressed Council asking them to consider the possible drainage problems as referenced in Holly Park Attachment 'A' Soil Mechanics/Page 13, and requested further discussion regarding the City's participation in Task Force addressing impact upon the California cities of the Aerospace Corp. vs, Board of Equalization decision and the $5,000 Pluest to be placed in a trust fund for use by the Task Force (New Business City Manager Item Number 1). Jim McGoldrick 412 Oregon Street addrw,5ed Council regarding opposition to high grown plan, and in favor of a low growth plan, submitted a petition for a 1—x growth plan of 800 signatures to City Clerk Hart for distribution to the Council, and submituxt copies of three letters w high he wrote and snbrutteci to the City earlier regarding his opposition io a varianc�e at the Holly Park, and crirrmented that hr- believed they may have been suppressed. Mayor ProTem Dannen questioned Mr. McGoldrick how long it took to gather the 300 signatur<»s; Mr McGoldrick responded he believed four weekeri& Dorothy Kent, 909 Dune Street informed Council she s:gned the petition 'vfr McGoldrick just referred to regarding a no growth pian, but has reconside.-CA her position and asked them to ignore her signature on this petition, Bill Campbell, McCarthy Court addressed Council regarding the question .if how long it took to gather the signatures stating it was difticult to really answer that, but felt they could triple those 800 signatures Brian Crowley, 501 California Street addressed Council on the General Plan - Smoky Hollow Specific Plan stating he felt it would create problems should they change it, and he was in favor of a relatively low growth plan for the City. Liz Garnholz, addressed Council stating she felt the General Plan shuuld be for the residents and not for out of town people, and informed them of a c-oinplims-nt She received regarding the City retaining its small town atmosphere. Mayor Jacobson Hosed the public communicaticns portion of the ine<sting F. NEW BUSINEW CITY ATTO&NEY - Out of Orckr Mayor Jacobson stated there was a request to take t.h.s itern ou? of order Council concurred. Consideration of proposal of Rot)ert 13Fin, Wiilian, Frost >ind (RBF) to provide rmfi- -ccgnt;al engir►pprinv rx)nsuiririg sr-rvicxs with respect to ow- ironinental issues related to the Hyperion Treatment Plant. Mayor Jacobson announced that on March 3, 1992 the city's �Mttic ation 'Monitoring Settlement Agreement was approved by the Cconcii, and today it was signed b.,r Mayor Bradley but will still need to go to the courts City Attorney Dolley stated there are two individuals and the sub - committee which are largely responsible for this and they would like to give a brief presentation; Council concurred. City Council Minutes March 17, 1992 Mr. Rufus Youne from Burke, Williams and Sorenson stated this agreement was the result of the Council in response to the community's concern over air emissions, noise, odors, and the City of Los Angeles' approach to how its operation of they Hyperion Plan impacted the City of El Segundo and its residents. The Council authorized his firm to file two actions against the City of Los Angeles, a Nuisance Complaint - alleging that there were air emissions, noise, vibration, and that these conditions had gone on for years without being corrected. The other action was filed under the Environmental Quality Act which complained that the City of Los Angeles did not follow the California law in its environmental documents relative to the massive increase in the size of the plant, and failing to comply with the relatively recent part of the California Environmental Quality Act in that there is a provision requiring mitigation monitoring adopted by the California Legislature to ensure that when there are adverse environmental affects, those affects are carefully monitored and corrected when possible. In order to gain control in those two areas, the Council authorized suit to be filed to gain objective of that litigation - which was to control the odor, air emissions, and other adverse environmental consequences. A set of objectives was worked out for the City to gain in this litigation, and he was pleased to report that they have a settlement agreement which calls for the achievement of those environmental goals Further stating, they believe they will control the nuisance from the plant; the City of Los Angeles is now cooperating with the City of El Segundo, and to that end has agreed to appoint a Mitigation Monitor to work together with a Mitigation Monitor from the City of El Segundo (which is funded by the City of Los Angeles at the rate of $138,000 per year). The two monitors have the authority to inspect the plant, to peer into every nick and cranny, and when they spot environmental problems they have the authority to either resolve them or bring them to the attention to those who can which involves a Mitigation Monitoring Implementation Program that Mike Rudinica will describe to them this evening In addition to the technical aspects of dust control and the like, that in the event there is a dispute between the parties - the agreement which has been developed and approved by both Council's, calls for a fast track dispute resolution procedure which will enable the monitors to attempt to resolve matters. If they are not, then a member of the Council, and if necessary, the Mayor's of both cities will meet - or their respective representatives - to resolve these issues. Mr Rudinica, Robert Bein, William Frost and Associates - addressed Council stating he will go into further detail regarding the technical aspects at subsequent meetings He stated that the term Mitigation Monitor is similar to an environmental inspector. They will immediately prepare a request for proposal to go into a full time Mitigat:on Monitor for the City, and in the mean time they will be acting as the City's Mitigation Monitor. They will be developing a flaw of information chart which will determine how the information will flow from the City of Los Angeles to El Segundo and from El Segundo to its residents, and they will be developing desk top procedure of who to call for specific complaints and how all of this works. They hope to present this to the residents within the next several weeks, and get their feedback on who, why and where. Their goal is to know of plaim6 before hand se they can plan ahead of time to evaluate and comment on the City of Los Angeles' plans bHtom they get out, and to have a procedure to enforce violation of those (r,&-, Should anyone wish to contact him they can call (714) 855 -3621 or his FAX number is ( ^14) 472 -3373. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to accept the proposal of Robert Bein, William Frost and Associates (RBF), directed City Attorney to prepare an agreement, authorized Mayor to execute agreement, and adopted Resolution No. 3753. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. A SPECIAL ORDER OF BUSINESS Continued Public Hearing- Or, Environmental r'lssessinent Number 2 7 5, 1992 General Plan and the Final Environmental Impact Report for the Geneml Plan Mayor Jacobson stated this was the time and place hereto fixed for a continued public hearing on Environmental Assessment Number 2275, the 1992 General Plan and the Final Environmental Impact Report for the General Plan. He asked City Clerk Hart if proper notice of the hearing published and in a timely manner, and whether any written communications had been received by the Office of the City Clerk. City Clerk Hart responded the public hearing notice was published by the Planning Department, and no written communications had been received by the Office of the City Clerk regarding this continued public hearing. Mayor Jacobson opened the continued public hearing for public comment; no one wished to address the Council. He announced the Council would be continuing this public hearing to March 19 at 6:00 p.m., March 23 at 7 00 p m March 24 at 6.00 p.m., for possible final adoption by April 7, and entertained a motion_ to continue the public hearing to March 19 at 6:00 p.m. MOVED by Mayor ProTem Dannen: SECONDED by Councilman West to continue public hearing for EA -275, 1992 General Plan and Final Environmental Impact Report for the General Plan to March 19, 1992 at 6.00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Council Minutes 2 March 17, 1992 Councilman Wise stated he wanted to clarify a comment made by someone about how there is no problem with revenue in the City, and that there is a lot of money to tax. Referring to an article in the LA Times stating the aerospace problem is more serious than originally thought and by 1995 we stand to loose some 420,000 jobs and $85.7 billion in wage earnings, he stated that he only wanted to caution people and bring this to their attention. Dorothy Kent, 909 Dune stated American Airlines moved to Tuson because they got a building at a low cost, most of those who moved there are reservation clerks, their entire employee rank are college students working at minimum wage who have no benefits, and they are located close to the university now. It was not just the tax that made the move, it was a lot simpler than that B. UNFINISHED BUSINESS 1. Environmental Assessment EA -227; Subdivision: 90 -3, Vesting Tentative Tract Map No. 49115; Variance 90 -5, and Smoky Hollow Site Plan 90 -2, for construction of a 29 -unit townhouse -style condominium at a density of 20 units per acre (22 units per acre permitted) on a 1.4 acre site. The project is located at the southwest of Holly Avenue and Kansas Street in the Medium Manufacturing (MM) zone w thin the Smoky Hollo•Ar Sr*dfic Plan area. Mayor Jacobson excused himself from the room at 7:40 p m. 4ating he was abstaining from discussions and /or actions relating to this item due to a conflict of interest Mayor ProTem Danner, announced that the public hearing was closed at their March 3, 1992 meeting on 1) Environmental Assessment EA -227; 2) Subdivision 90 -3, Vesting Tentative Tract Map No 49115; 3) Variance 90 -5, and 4) Smoky Hollow Site Plan 90 -2, for construction of a 29- unit townhouse -style condorrunium at a density of 20 units per acre (22 units per acre permitted) on a 1.4 acre site. The project is located at the southwest of Holly Avenue and Kansas Street in the Medium Manufacturing (MM) zone within the Smoky Hollow Specific Plan area. Laurie Jester, Senior Planner, outlined the revisions: 1) Western most vehicular access off of Holly has been closed and replaced with landscaping and a roedestrian gate; 2) One unit - east of unit 24 has been removed and in its ppace are five new guest parking spaces - shown as spaces 2 through 6 on the site plan; 3) Guest parking spares and trash area near the southeast corner of the site have been removed from the sid.-yard to eliminate the need for an encroachment variance, but there is still one guest parking space available in this area; 4) Unit Number 19 on the southeast corner of the site has been rtieniarg(d and reoriented to remove Vie driveway encroachment, and eliminate an encroachment variance; 5) Guest parking spaces on the south side of the site by the pool have been reoriented and increased in number - 9 guest parking spaces are provided in this area; 6) Poal area has been substantially increased in size, and the units surrounding the pool have been reoriented so that the pool area v6ll provide more of a community center and focal point for the project Staff believed the project has been redesigned in conformance walk the Council's sitggestioi)s, and recommend they adopt the draft resolution approving the project. Alsc, in response to,- speaker who previously stated that Exhibit A had not been attached before; she stated that it was in the March 3 Council packet; was en attachment of the Planning Commissior, resolution in their packet, and was included in the environmental impact report. She infonned Council that they have a colored rendering of the revised site plan should they wish to review it, Mayor ProTem Dannen asked if they could Councilman Wise asked if all environmental protection agency standards are met by this project which will be a part of the Development Agreement, and will be available to the public, Ms. Jester responded that they was correct, and is required as part of the conditions of approval. Through the Mitigation Monitonng Program, the City would follow up to verify those requirements are met. Discussion ensued regarding concerns with the parting spac*q 7 -15. abuse of compact parking spaces numbers 12 and 13 by larger vehicles snd the turn about of getting out of these spaces, the possibility of people parking on the street in lieu of parking in one of these spaces, and two - hour parking on Holly from Kansas west MOVED by Councilman Wise, SECONDED by Councilwoman Cruikshank to approve Smoky' Hollow Si to Plan 90 -2. MOTION PASSFM BY THE FOLLOWING VOICE VOTE - 4/0/1: AYES - Mayor ProTem Danner, Councilmembers Cruikahflnk, West and Woo, NOES - None. ABSTENTION - Mayor Jacobsom MOVED by Councilman Wise; SECONDED by Councilman West to approve Variance 90 -5 MOTION PASSED BY THE FOLLOWING VOICE VOTE- 4/011: AYES - Mayor ProTem Dannen, Councilmemberr Cruikahaak, Wert and W'.se. NORS - Nose. ABSTENTION - May►cr Jacobsonn. MOVED by Councilman West, SECONDED by Councilwoman Cruikshank to approve Subdivision 90 -3 and Vesting Tentative Tract Map No.4915. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 4/011: AYES - Mayor ProTem Danrea, Courdlatiemobess Cruikahanir, West and Wise. NOES - None. ABSTENTION - Mayor Jacobson. City Council Minutes 3 March 17, 1992 MOVED by Councilman Wise; SECONDED by Councilwoman Cruikshank to approve Environmental Assessment Number 227 MOTION PASSED BY THE FOLLOWING VOICE VOTE - OWL AYES - Mayor ProTem Dannen, Counrilmembers Cruikshank, West and Wise. NOES - None. ABSTENTION -Mayor Jacobson. MOVED by Mayor ProTem Dannen, SECONDED by Councilwoman. Cruikshank to read by title only. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 41011: AYES - Mayor ProTem Dannen. Councilmembers Cruikshank, West and Wiaa. NOES - None. ABSTENTION - Mayor Jacobson. City Attorney Dolley read Title Only RESOLL'TI +JN NO. 3 754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FOR CERTIFICATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATION AND ADOPTION OF A MITIGATION MONITORING PROGR434, AND APPROVAL FOR ENVIRONMENTAL ASSESSMENT NO. EA -22 SUBF)1V1SlON 90 -3, VESTING TENTATIVE TRACT MAP NO. 49115, VARIANCE 90 -5, AND SMOKY HOLLOW SITE PLAN 90 -2 TO CONSTRUCT A 28 UNIT TOWNTHOUSE -STYLE CONDOMINIUM AT 1400 E. HOLLY AVENUE, 337 AND 345 KANSAS STREET. PETITIONED BY HOLLY STREET PARTNERSHIP. MOVED by Councilwoman Cruikshank, SECONDED by Councilman West to adopt Resolution No. 3754. MOTION PASSED BY THE FOLLOWING VOICE VOTE - 4/0/1: AYES - Mayor ProTem Dannen, Counciimeanbers Cruikshank. West and Wise. NOES - None. ABSTENTION - Mayor Jacobson. 2. Public Hearing - Second reading of proposed ordnance adopting the 1991 Edition of the Uniform Building Code with amendment4, the 1991 I.n .*form Buildi sg%ode Standards, the 1991 Edition of the Uniform Plumbing Code with amendments, the 1991 Mechanical Code with amendments; the 1991 Edition of the Uniform Housing Code, the 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings, the 1991 Edition of the Uniform Sign Code with amendments, and the 1991 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code with amendments. _ Mayor Jacobson stated this was the time and place fixed hereto for a public hearing on the second reading of proposed ordinances adopting the 1991 Edition of the Uniform Building Code with amendments, the 1991 Uniform S+iridrng Code Standards, the 1991 Edition of the Uniform Plumbing Code with amendments, the 1991 Mechanical Code with amendments, the 1991 Edition of the Uniform Housing Caste, the 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings, the 1991 Edition of the Uniform Sign Code with amendments, and the 1991 Edition of the Uniform Swimming Pool, Spa, and Hot Tub Code with amendments. He asked City Clerk Hart if proper notice of the hearing published and in a timely manner, and whether any written communications had been received by the Office of the City Clerk; City Clerk Hart responded the public hearing notice was published by the Planning Department, and no written communications had been received by the Office of the City Clerk regarding this public hearing. Mayor Jacobson opened the public hearing for public comment. No one wished to address the Council, and he 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. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to read by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. Councilman West asked for clarification that this is the regular State Building Code without any special or unusual amendments in it, Hyrum Fedje, Interim Planning Director, responded that this was the model oodes, and that there were no special amendments other than the ones previously adopted by this Councal Councilwoman Cruikshank questioned City Attorney Dolley if this was the ordinance she needs to abstain from; City Attorney Dolley responded it was Councilwoman Cruikshank abstained from participating in discussion or action on the adoption of the 1991 Edition of the Uniform Building Code with amendments, and the 1991 Uniform Building Code Standards. City Council Minutes 4 March 17, 1992 City Attorney Dolley read title only ORDINANCE NO 1173 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM BLZLDING CODE INCLUDING THEAPPENDIX THEREOF, EXCEPT APPENDIX CHAF 'FRS 12,35,51 AND 53, AND THE UNIFORM BUILDING CODE STA":DARDS, 1991 EDITIONS. REPEALING IN ITS ENTIRETY CHAPTER 16.04 OF, AND ADDING CHAPTER 16.04 TO, THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE BUILDING CODE. MOVED by Mayor ProTem Dannen• SECONDED by Coundlman West to adopt Ordinance No. 1173 - 1991 Edition of the Uniform Building Code with knendments, and the 1991 Uniform Building Code Standards MOTION PASSFID BY THE FOLLOWING VOICE VOTE 410/1. AYES - Mayor Jacobson. Mayo ProTem Danx ea, Councilmew West and Wise. NOES - None. ABSTENTIONS - Councilwoman Cruikshark Councilwoman Cruikshark participated on the r?maining ordinances. City Attorney Dolley read titles only: ORDINANCE NO. -112L AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM SIGN CODE, 1991 EDITION, REPEALING CHAPTER 16.24 OF, AND ADDING CHAPTER 16,24 TO, THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE BILLBOARDS AND SIGN CODE. ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALTFORN A ADOPTING- THE UNIFORM SWIMMING 'POOL, SPA AND HOT TUB CODE, 1991 EDITION, REPEALING IN TTS ENTIRETY CHAPTER 16.28 OF, AND ADDING CHAPTER 16.28 TO, THE EI. SEGUNDO MI.NICIFAL CODE RELATING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE. ORDINANCE NO. 1176 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION INCLUDING APPENDICES A B,C,D,H, AND I, REPEALING IN ITS ENTIRETY CHAPTER 16.12 OF, AND A;)DING CHATTER 1612 TO, THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE PLUMBING CODE ORDINANCE NO. 1177 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION INCLUDING APPENDICES A,B,C, AND D, REPEALING IN ITS ENTIRETY CHAPTER 16.16 OF, AND ADDING CHAPTER 16.16 TO, THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE MECHANICAL CODE. ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM HOUSING CODE, 1991 EDITION, AMENDING SECTIONS 16.09.010 AND 16.0y.040 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE HOUSING CODE ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY OF EL SEGUNDO. CALIFORNIA, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AMENDING SECTIONS 16.10 010 AND 16.10 040 OF THEE UNIFORM BUILDING CODE FOR THE ABATEMENT OF DANGEROUS BUILDDINGS. MOVED by Mayor ProTem Danner.; SECONDED by Councilman West to adopt Ordinance No. 1174 - 1991 Edition of the Uniform Plumbing 'ode with Amendments; Ordinance No. 1175 - 1991 Mechanical Code with Amendments; Ordinance No. 1176 - 1 991 Edition of the Uniform Housing Code; Ordinance No. 1177 - 1991 Edition of the 'Uniform Code for the Abatement of Dangerous Buildings; Ordinance No. 1178 - 1991 Edition of the Uniform Sign Code with Amendments, and Ordinance No. 1179 - i991 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code with Amendments MOTION PASSED BY UNANIMOUS VOICE VOTE 5,/0. City Council Minutes 5 March 17, 1992 C. REPORTS OF COMMITTFFg, BOARDS AND Initiate the recruitment process to fill an upcoming vacancy on the Recreation and Parks Commission. MOVED by Councilman Wise; SECONDED by Councilman West to direct staff to initiate the recruitment process to fill upcoming vacancy on Recreation and Parks Commission. MOTION PASSED BY UNANIMOUS VOICE VOTE. D. CONSENT AGENDA All items listed are to be adopted by one motion, without discussion and passed unanimously. If a call for discussion on an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 38669 -39022 on Demand Register Summary Number 16 in total amount of $1,163.743.08. Approved Warrant Demand Register and authorised staff to release. Ratified Payroll and employee benefit checks; checks released early due to contract' or agents, and emergency disbursements and/or adjustments. 2. Warrant Numbers 39023 -39251 on Demand Regiswr Summary Number 17 in total amount of $1,299,700.43. Approved Warrant Demand Register and authorized staff to release. Ratified payroll and employee benefit checks, checks released early due to contract or agreements, and emergency disbursemaents and/or adjustments, 3. City Council minutes of January 30, February 18, and March 3. 1992. Approved. 4. A resolution of the City Council of the City of El Segundo, California rescinding Resolution No. 3492, and adding a section to Resolution 3344 (the Tx affic Resolution) relating to one -way streets to change Richmond Street between Manposa and Palm Avenues from northbound one -way to southbound one -way. Adopted Resolution No. 3755. 5. Request for City Council approval of the attached contract with Daniel Freeman Marina Hospital to provide a home - delivered meal program to serve the nutritional needs of the City's homebound elderly population. This program is part of the City's Community Development Block Grant (CDBG) p rogram. _ Approved contract with Daniel Freeman Marina Hospital, and authorised Mayor and staff to eaecuta 6. PULLED FOR DISCUSSION BY COUNCILMAN VISE. 7. Request for City Council approval of a contract foi the preparation of a Focused Supplemental Environmental Impact Report for a proposed athletic club located at 1222 East Grand Avenue within the Smoky Hollow Specific Plan area. Approved contract MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to enact all consent agenda items except Item Number 6 9 called for discussion. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA 6. Request for the City Council to approve lowest bid for purchase of new vehicle for FY 1991 -92. Councilman Wise questioned whether staff has dwelled into the Possibiiity of natural gas on future City vehicles (i.e. propane powered, etc :, Jack Hilton, Equipment Maintenance Superintendent, responded that the City is looking ilito alternative vehicles and has one propane powered vehicle for approximately five years which adds about $1500 to the cost of the vehicle, but they have not been able to recoup the costs in savings. About 20% less fuel was used, and therefore balances out. Mayor Jacobson questioned whether the vehicle coula run the entire day; Mr. Hilton stated that the capacity is less, but the enussions are much wer, and the City has its own 500 gallon propane tank. MOVED by Mayor ProTem Dannen. SECONDED by Councilman Wise to approve contract. MOTION PASSED BY UNANIMOUS VOICE VOTE, 5/0. City Council Minutes 6 March 17, 1992 E. NEW BUSINESS - CITY MANAGER Consideration of participation in Task Force to address impact upon California cities of the Aerospace Corporation vs. Board of Equalization decision. City Manager Cano stated this request is in line of previous Council knowledge and support of the City's effort to challenge the Aerospace Corporation verses the Board of Equalization decision which would in affect require cities to reimburse the government for sales tax collected as a resort of this ruling, and would subject overhead cost items for government contracts to a sales tax. The City of El Segundo has been instrumental in taking the lead on this, along with the City of Sunnyvale and brought in an awareness to a number of cities and secondly we have orchestrated support to challenge this decision because we feel that it is unfair and unequitable - and we see some areas of vulnerability - but cannot do it alone. Presently, we have 21 cities which understand the problem and are willing , work with the City, and four cities have committed about $5,000 to start looking at legal research and investigation into this matter. This request is for El Segundo to participate financially for $5,000, and to establish a trust fund by which monies would be filtered in from other cities which would account for that. An attorney from Burke, Williams and Sorenson was interviewed by him and the City Manager from Sunnyvale, and they were extrerneiy Impressed with their knowledge of the Board of Equalization ruling and had some good ideas as to hove they could challenge it. Therefore, staff was recommending Council approve the City's participation in the Task Force, and the authorization of a $5,000 payment to a trust fund for use by the Task Force in obtaining expert and legal assistance to minimize the impact on participating cities of the Aerospace decision. Councilman West questioned what the financial inpact would be on the City should they decide not to participate; City Manager Cano responded approximately $2 to $4 million impact. Mayor Jacobson stated since the City will be administering this, what would happen when the Trust Fund runs out of money, City Manager Cano stated that they would have to go back to those cities and this Council. MOVED by Councilman West; SECONDED by Councilman Wise to approve City's participation in the Task Force, authorized $5,000 be paid to a Tnist Fund for use by the Task Force in obtaining expert and legal assistance. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. City Attorney Dolley commented as this will be --i agreement between cities, there will be a formal agreement - as discussed with City Manager Cano - to limit liability, along with other things, between cities, and to insulate the City of El Segundo from that as well. Therefore, there will be a joint powers agreement coming before the Council at a later date. 2. Agreement authorizing the City of Inglewood to be the provider of Federal Job Training Partnership Act services tom i ible El Segundo rA?idents and de en aeMspace workers. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to approve agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 13. Oral update on Assembly Bill 3325, California Aeruspace Job P.stention Act of 1992 and Senate Bill 17$3 (BeverlY). _ City Manager Cano presented an oral update on Assembly Bill 3325 stating that the legislative members which he met with all voiced strong support for this Bill because they all realize the state of the economy of the State of California, and that this Bill is intended to preserve jobs. He also had a brief meeting with the Western Center for Law and Poverty which he felt would be their major opposition, but they even acknowledged that this Bill would preserve jobs and prevent further increase in low to moderate income housing within the South Bay area. They feel that the March 25 hearing which :Mayor Jacobson will be participating in - along with other elected officials - will go extremely smooth and they ill get the Bill passed out of this hearing. They are. concerned that after the Bill is passed, that it will meet legal challenge. Councilman West asked why the Law and Poverty would be opposed to this Bill; City Manager Cano responded that their argument is that they do not want to create a mechanism by which the wealthy cities can transfer their financial and social obligations to provide low to moderate income households within their community. F. NEW BUSINESS - CITY ATTORNEY Taken out of order earlier after public communications. G. NEW BUSINESS - CITY CLERK - . NONE City Council Minutes 7 March 17, 1992 Ii NEW BUSINESS - CITY COUNCMME;MBERS Councilman West - NONE Councilman Wise questioned if the City had recei—d the County reports back on Holly Park; City Manager Cano stated they have not received all of the soils tests on this yet. Councilman Wise asked that staff look into this and report back tomorrow, and he stated that the Police ribbons surrounding the park and the signs of do not go into the park are removed which he would like to have staff either put the signs and ribbons back up, and /or Police patrol at this area until they know what is happening, City Manager Cano responded that he would take care of it. Councilwoman Cruikohank Financial sunnort for R.O.A.D. Councilwoman Crujkshank stated that she has been a part of the Reach Out Against Drugs Program for a long time, and the C,ty nas been generous during the past two years in giving them an amount of money which goes dire(-t.y into R.n A.D. They have beer, informed recently that two of the classes on the peer gpudanre - one at thA high school and one at Middle School - would no longer be funded. After speaking with City .'Manager Cano and Police Captain Grimmond, they have come up with a possible solution for this year with the Council's approval. That is, Westnet's funds can be given to the school's for help through R.O.A.D., and the amount suggested to get them through to 1993 would be $15,000. MOVED by Mayor ProTem Dannen; SECONDED by Councilman Wise to appropriate $15,000 from the Asset Forfeiture Account to Reach Out Against Drugs. MOTION PASSED BY UNANIMOUS VOICE VOTE 5,/0. Mayor ProTem Dannen Mayor ProTem Dannen suggested for those individuals passing a smoking petition, that they are mismanaged or over staffed, doing it on your time and nine, and he does not appreciate it. Councilman West questioned if someone was proc*ssing a petition to smoke or not to smoke; Mayor ProTem Dannen responded not to smoke which there is already an ordinance in place. Councilman West asked City Manager Cano to agendize this 2. Challenged the use of public fatalities by the El Segundo Residents Association on March 26, 1992. He stated that he had not seen a written format, very onricenied about recent allegations which he had the opportunity to investigate that there have been funds paid directly to political candidates, and does not want the City involved in thin campaign in any way, shape, or form. Therefore, he was challenging this. 3. Requested staff agendize for April 7 meeting a conference on Inside CAL EPA Regulation Enforcement and Organization April 21 through 22. He would like to send someone to get the information and bring it back. 4. Requested copy of the lasted version of the 30 Year Integrated Transportation Plan. 5. Announced that the South Coast Air Quality Management District will be holding a community meeting at Banning High School in Wilmington on What level you have to notify people of carcinogens, and stated he felt this was an important meeting. Councilman Wise suggested the City's Mitigation Monitor go, Mayor ProTem Dannen concurred, and suggested that the City make one of the mini -buses available for anyone else interested in' going. 6. Requested staff look into the clean up of the Imperial Strip just west of Sterling Suites. Mayor Jacobson 1. Requested a status report on the Opticcn System. 2. Payphones at Oak and Main, and on the corner at the Library are missing, and asked staff to check into the situation. Mayor ProTem Dannen left dais at 8:45 p.m and returned at 8:48 p.m. City Council Minutes 8 March 17, 1992 3. Agendize for April 7 the Main Street and Imperial Avenue left -turn lanes. PUBLIC COMMUNICATIONS - (City Businees Oniy - 5 minute limit) Nancy Wernick- President School Board addressed Council thanking them for their continuous support, and for their $15,000 appropriation for R.O.A.D MEMORIAL CLOSED SESSION NONE The Council moved into a closed session at 8:50 p.m pursuant to applicable law, including the Brown Act (Government Code Section 54950, et seq.) 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 as follows: $ 54956.9(a) (City a party to pending litigation) City of El Segundo vs. Los Angeles (tpnion) Elroy vs. City of El Segundo Public Storage vs. City of El Segundc Marian vs. City of El Segundo Landeburg vs. City of El Segundo § 54956.9(b) (City might have significant exrosure to litigation) Twc Mattem Personnel Matter One Matter. Meet and Confer One Matter. ADLTOURNIIEENT at 8:50 p.m. to March 19 at 6:00 p.m. Lord Freeman Deputy City Clerk City Council Minutes 9 March 17, 1992