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1993 JAN 05 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL January 5, 1993 - 7:00 P.M. CALL TO ORDER Mayor Jacobson 7:07 P.M. INVOCATION - Dr. J. H. Greer, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Richard Switz PRESENTATIONS 1. Certificates of Appreciation to residents for "Lighting Up the Community" during the 1992 Christmas season as judged by Senior Girl Scout Troop No. 2. Mayor Pro Tern Wise gave a brief history of this event and how it got started. Council and the Community thanked Mayor Jacobson and his wife Nancy for their participation in the organization of this tradition. Mayor Pro Tern Wise announced the winners, and Mayor Jacobson presented certificates to those winners who were present. A representative from "Candy Cane Lane" presented Mayor Jacobson with a plaque thanking the City for their support. ROLL CALL- Mayor Jacobson - Present Mayor Pro Tern Wise - Present Councilman West - Present Councilman Switz - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Six (6) Individuals addressed Council: 1. Scot Dannan, 1128 E. Acacia, questioned Council on (a) the BFI decision, (b) the RFP for writing the Zoning Ordinances; (c) the 12/21/92 workshop on BRA regarding the vote abstentions; and (d) suggested a rebate for tenant improvement costs against square footage tax. 2. Sandie Romero, Resident /Business Owner, stated she is disappointed and disillusioned about the outcome of City Council's 12 -21 -92 work- shop. She hopes City Council will listen to the Business Community at the next scheduled workshop on Business Retention and Attraction. 3. Sandy Jacobs, 543 Virginia, informed Council that she was closing her business. Ms. Jacobs also stated that City Council in not addressing the City's economic climate had become viewed as being part of the program, and that business cannot survive without a City program. 4. Ron Swanson, 629 California, stated that (a) BFI reported that they do not take white paper; and (b) requests Council to act expeditiously regarding BRA Program. 5. Gary Heinbuch, resident, requested to speak on Item number E -2. City Council Meeting January 5, 1993 1 6. Elyse Rothstein, DESI /Chamber of Commerce, requested to speak on Item number B -1. Councilman Robbins responded to Mr. Dannan's comments about the abstention vote at the 12 -21 -92 workshop and stated that a strategic plan is necessary. Councilman Robbins also responded to a speaker regarding the affect of workers compensation on the local economy. 2. Business retention and attraction. Recommendation - Discussion and possible action. ITEM TAKEN OUT OF ORDER Mayor Pro Tern Wise requested a ruling from the City Attorney on his motion at the 12 -21 -92 workshop. Council requested the ruling be delayed until City Attorney Lee Dolley returned to the meeting. Mayor Pro Tern Wise also stated that Council has not moved ahead regarding the City's economic climate and that Council must begin to address replacing lost jobs. He continued that Council needs to commit to do what ever is necessary. Councilman Switz stated he felt a lot was accomplished at City Council's 12 -21 -92 workshop; that Council agreed to developing a strategic plan; and that decisions need to be made as to what type of businesses the City should actually try attracting; as well as defining the scope of the problem(s). Councilman Robbins presented and discussed a current article from the Los Angeles Time regarding aerospace jobs and stated that current business downsizing cannot be ignored. Councilman Robbins also stated that Sacramento must also start re- sponding to the concerns of business. Councilman West reported that the City of Hawthorne has committed funds and other resources to attracting business to their City, and, as a result, the City of Hawthorne has substantially increased their new businesses and revenue base. Councilman West stated that he believes business is out there to be attracted, but the City needs expert help to guide them. Mayor Jacobson stated that Council has committed to a strategic planning process. The Mayor also said that he believes City staff is and will continue to respond to business needs. Mayor Pro Tern Wise stated Council does not understand what is happening in the business community. He continued that new business and developers do not feel El Segundo is receptive to business. Mayor Pro Tern Wise stated that hypothetically if the Strategic Plan would call for one million dollars per year to be spent, would Council commit to approve this kind of expenditure for a program? Councilman Switz stated the Business Climate Survey, published in April or May or 1992, pointed out that the majority of business respondents felt that taxes were too high. Councilman Switz Council stated that he also believes that Council needs a plan before they can proceed. Councilman Robbins said that he favors the strategic plan approach and does not want a business retention and attraction program to evolve to include Community Redevelopment. A. SPECIAL ORDERS OF BUSINESS - 2 City Council Meeting January 5, 1993 1. Ordinance to permit leak allowances to water bills for customers repair- ing promptly on -site leaks. Director of Public Works Ken Putnam presented a brief report. Mayor Pro Tern Wise questioned the City Attorney if the City would be responsible for damage caused by leakage. Acting City Attorney Tim Cremin stated no, not the way the proposed Ordinance is written. Council requested the following changes: E. delete section completely D. insert and /or Section 2. changed the maximum allowance not to exceed $500.00 Correct the clerical corrections suggested by the City Attorney MOVED by Councilman West SECONDED by Mayor Pro Tern Wise to read by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney read the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ADDING SECTION 14.04.170 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE RELATING TO CREDITING CUSTOMER'S WATER/SEWER SERVICE BILLS FOR PROMPT REPAIR OF ON -SITE LEAKS Councilman Alan West introduced the Ordinance. 2. Water conservation landscape ordinance. Ken Putnam presented a brief report, and requested the chapter to be changed from 14.14 to 13.05. He also stated that books would be keep on how much staff time, etc., is needed if council wished to hold the fee schedule. COUNCIL DISCUSSION AND QUESTIONS FOLLOWED MOVED by Councilman Switz SECONDED by Councilman Robbins to direct staff to examine the legality, and efficiency of the plan after hearing the comments from the individual Councilmembers and to resubmit it for further review before public hearing is noticed. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B. UNFINISHED BUSINESS - 1. Downtown sidewalk steam cleaning process. COUNCILMAN WEST NOT PARTICIPATING Elyse Rothstein DESI /Chamber of Commerce, presented a brief report on the Volunteer Clean -up day and suggested the city show support by retaining a service to steam clean the sidewalks. MOVED by Councilman Robbins to include the purchase of a steam cleaning machine during the next budget session (option number 2). MOTION DIED DUE TO LACK OF SECOND City Council Meeting January 5, 1993 MOVED by Councilman Switz SECONDED by Mayor Pro Tern Wise to approve $7000.00 from the BRA budget to retain a contractor to clean the Downtown and Library Park areas, and not to purchase a new steam cleaner at this time. MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES: MAYOR JACOBSON, MAYOR PRO TEM WISE, COUNCILMAN SWITZ, COUNCILMAN ROBBINS. NOES: NONE. NOT PARTICIPATING, COUNCILMAN WEST. 4/0/1 RECESS 9:15 RECONVENE 9:30 ALL MEMBERS PRESENT C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Recommendation on operational requirements for the El Segundo Golf Course. Rollie Wright, Director of Recreation and Parks Department, presented a brief report with overhead slides. MOVED by Councilman Robbins SECONDED by Councilman West to maximize revenue to the City and prevent further delays in the Golf Course Project by approving the Staff's recommendation. Councilman Switz stated that it would be appropriate to return to the market with the proposals requesting RFP's to justify the decision for the City to manage the golf course. Mayor Jacobson requested staff to send out RFP's for the three separate operations and return to Council with a complete picture before a decision is made. Mayor Pro Tern Wise stated he felt the RFP process was unfair. He requested staff to repeat the process in its entirety to the three top responders, also the return for staff managing could be higher, but also, the risk is higher. Councilman Switz stated none of the competition stated they felt the process was unfair. City Attorney Lee Dolley stated that the same Company that build the golf course can be retained to provide maintenance, if the parameters are worked on correctly. Also RFP's can be sent to the top three responders for a resubmittal. Rollie Wright stated he has concerns with possible litigation if the top three responders to the RFP's were given a set of the partial plans. City Attorney Lee Dolley stated he would review this question and discuss this with Mr. Wright. Councilman Robbins stated he felt to have quality control over the golf course the city should maintain control. Councilman Robbins called the question: MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES, MAYOR JACOBSON, COUNCILMAN WEST, COUNCILMAN ROBBINS. NOES, MAYOR PRO TEM WISE, AND COUNCILMAN SWITZ 3/2. 2. Future golf course access. 4 City Council Meeting January 5, 1993 MOVED by Councilman Switz, SECONDED by Councilman West to approve staff recommendations. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 3. Consideration of budget for Park Vista for calendar year 1993. Mr. Hill of the Senior Housing Board gave a brief report. Council complimented Mr. Hill on the fine presentation. MOVED by Councilman Switz SECONDED budget for Park Vista for the calendar year VOICE VOTE 5/0. by Mayor Pro Tern Wise to approve the 1993. MOTION PASSED BY UNANIMOUS Councilman West stated for the record that there is still an outstanding debt of two million, that is not to be repaid, not reflected in the report. D. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 201730 - 201996 on Demand Register Summary Num- ber 13 in total amount of $1,440,519.38. 2. ITEM PULLED FOR DISCUSSION BY MAYOR PRO TEM WISE 3. Request to accept donation of $4,417.69 from the Marcellus L. Joslyn Foundation and appropriate the funds into the budget. 4. ITEM PULLED FOR DISCUSSION BY COUNCILMAN WEST 5. ITEM PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 6. ITEM PULLED FOR DISCUSSION BY COUNCILMAN SWITZ 7. Acacia Avenue storm drain (Los Angeles County project) improvements. 8. Resolution No. 3797, STOP signs for east and westbound East Walnut Avenue at the intersection of East Walnut Avenue and Eucalyptus Drive. MOVED by Councilman West SECONDED by Councilman Switz to approve consent items Number 1, 3, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of December 12, 15 and 21, 1992. MOVED by Mayor Pro Tern Wise SECONDED by Councilman West to revise the motion correction on the 11 -17 -92 meeting minutes. MOTION FAILED BY THE FOLLOWING VOICE VOTE, AYES: MAYOR PRO TEM WISE, COUNCILMAN WEST, NOES: MAYOR JACOBSON, COUNCILMAN SWITZ AND COUNCILMAN ROBBINS. 2/3 MOVED by Councilman Robbins to approve the minutes of December 12, 15, and 21, 1992, with the last revision distributed to Council at tonight's meeting. MOTION DIED DUE TO LACK OF SECOND MOVED by Councilman West SECONDED by Mayor Pro Tern Wise to approve the December 12, 15, and 21, 1992 minuets as presented in the agenda packet by the City Clerk. MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES: MAYOR JACOBSON, MAYOR PRO TEM WISE, COUNCILMAN WEST, AND COUNCILMAN SWITZ, NOES: COUNCILMAN ROBBINS. 4/1 4. Proposed amendment to the existing contract between On -Site Microfilm- ing Service and the City of El Segundo, adjusting the maximum contract City Council Meeting January 5, 1993 5 amount from nine thousand five hundred dollars ($9,500) to seventeen thousand dollars ($17,000), an increase of $7,500 to allow becoming current with microfilming of building permits and plan retention docu- ments. Councilman West requested the cost of equipment to do this process in house. Hyrum Fedje, Director of Building Safety and Planning, responded they are looking into this and it will possibly be submitted in the 1993 -94 capital budget. MOVED by Councilman West SECONDED by Councilman Robbins to approve the proposed amendment to the existing contract between On -Site Microfilming Service and the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 5. Library fines and fees - rates and new services. Councilman Robbins questioned the fees charged for meeting rooms after hours. Barbara Pearson, Director of Library Services, respond on the mechanism for establishing the fees. MOVED by Mayor Pro Tern Wise SECONDED by Councilman West to approve the Library fines and fees, rates and new services. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 6. Presentation of the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 1992. Councilman Switz stated the report stated, "expenditures increased .6 of 1 % this last year ", this is a misleading statement to the public, accounting -wise this is correct, but as you read this CAFR report our expenditures went up at the same rate as it has in the past several years. Councilman Robbins stated the annual audit is done for the benefit of the City Council as a check and balance and he felt left out of the process, staff handled it and he would prefer, next year, to be aware of the process and methodology the auditors use. Councilman West stated the process of the audit is for a independent third party to check and balance the accounting procedures. Mayor Jacobson stated our obligation as a Council is to hire an independent firm to report to Council with an accurate and unbias observations. MOVED by Councilman Switz SECONDED by Mayor Pro Tern Wise to receive and file. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Staff was directed to provide Councilman Robbins with a copy of the document on Generally Accepted Accounting Practices, which the auditor is required to use. E. NEW BUSINESS - CITY MANAGER - 1. Installation of carbon filters on sewer manholes in West El Segundo. Ken Putnam gave a brief report. R City Council Meeting January 5, 1993 MOVED by Councilman Switz SECONDED by Councilman Robbins to approve the installation of carbon filters. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2. Discussion and recommendation on "Value Engineering" for the construc- tion documents of the El Segundo Golf Course Project. Gary Heinbuch, Resident /President and Owner of Heinbuch Golf Construction. Offered his services to the City as "Value Engineer" at no charge if this would not disqualify him from participation in bidding on the construction of the golf course. Mayor Pro Tern Wise stated if 75% complete drawings were available to contractors for cost savings ideas would that disqualify them from biding. City Attorney Lee Dolley stated that if the drawings were equally distributed to everyone involved in the bidding it may not disqualify them. Also RFP's for management differ from BID's for construction and he would like to review the exact facts before responding. MOVED by Councilman Robbins that staff use a value engineering at no cost to the City and without delay to the golf course project development, and that any recom- mendations come back to the Recreation and Parks Commission. MOTION DIED DUE TO LACK OF SECOND Ron Swanson, 629 California Street, suggested a value engineer does not always delay the project, on the contrary, many times it shortens the time spent. He also suggested staff send the RFP's back out and request value engineering comments. MOVED by Councilman Switz SECONDED by Councilman Robbins, to approve the guse of Mr Heinbuch as a value engineer at no cost to the City, as long as this does not disqualify him from bidding on the project at a latter date, does not delay the current schedule for drawings, completion and release, and to forward all recommen- dations to the architect for a final decision. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mr. Wright also requested approval for an RFP for a Construction Manager. MOVED by Councilman Switz SECONDED by Councilman Robbins to approve of a RFP being sent out for a Construction Manager. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3. Agreement for subdivision improvements with Continental Development Corporation, the subdivider of Parcel Map No. 17158, at the northeast corner of the intersection of Rosecrans Avenue and Douglas Street. ITEM HELD OVER TO JANUARY 19, 1993 MEETING BY REQUEST OF THE CITY ATTORNEY Discussion and possible action on establishing custodial services for securities purchased by the City. ITEM HELD OVER TO JANUARY 19, 1993 MEETING BY REQUEST OF THE COUNCIL I. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS City Council Meeting January 5, 1993 7 Councilman West - NONE Councilman Robbins - 1. BFI's new recycling project is up and operating 2. Pot holes in the City streets. Requested standards for repair and replacement. Ken Putnam responded that there are standards in place and any citizen may report any problem to the Public Works department and he will make sure they are either repaired or referred to the proper authority. Councilman Switz - Agendize for the January 19, 1993 Meeting, Fire fees to Business Reten- tion and Attraction Program Mayor Pro Tem Wise - 1. BFI recycling center. ITEM HELD OVER TO THE JANUARY 19, 1993 MEETING 2. Business retention and attraction. Council continued their discussion regarding this item, that was dis- cussed earlier in the meeting. Mayor Pro Tern Wise asked the City Attorney if the motion "agree to do whatever is necessary to retain business in El Segundo and implement a Business and Attraction Program that will work" if that motion in any way ties the Council to an open check, blank spending, anything to that degree. City Attorney Lee Dolley stated the motion in itself would not require any employee to take any specific action without Council approving further actions. The City Attorney would be amiss to interfere with any motion any Council person wants to make and to rule on the appropriateness of the motion. Having qualified that position, I do think that motions can be made that are statements of the desire of the council to be voted upon, but I would not imagine the motion being one that then require the expenditure of any funds or any time or any effort of the City and the staff would not go off and take every action available. It would have to come to Council for further direction. MOVED by Mayor Pro Tern Wise. SECONDED by Councilman West, that the City Council do whatever necessary to retain business in El Segundo, and implement a Business Attraction Program that is going to bring new business to El Segundo. Councilman Robbins asked if this included a creation of a Community Redevelopment Agency. He also stated that whether it's philosophical or whether this motion does cause any action to be taken, he still views this as a blank check as making a commitment to spend unspecified and unlimited amount of taxpayers money and as a motion to take unspecified actions. Mayor Pro Tern Wise stated the City Attorney has given his legal opinion, and that is not the case. City Council Meeting January 5, 1993 8 Councilman Switz stated he is committed to the program and he needs a plan before he will continue. Mayor Jacobson stated he was not comfortable with the wording of the motion. There should be a reasonable way to come to an agreement. Councilman West stated that status quo business and government are failing, Council needs a new way to make things happen. MAYOR PRO TEM WISE WITHDREW HIS MOTION - Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) Two (2) Individuals addressed the Council: 1. Sandie Ramero, Resident /Business Owner, stated she does not hear any other Council members picking up the ball, Council needs to look at a plan to move forward. Council is having problem with the vision and dollars and cents are not being discussed. Councilman Switz stated he sensed a majority of the City Council are not willing to adjust the revenue structure. Councilman Robbins stated the best way to help business is to reduce taxes. 2. Chip Sholz BFI, thank the City for the opportunity to operate the recycling center, also at this time, white paper is not acceptable due to a lack of space, if requested, BFI will add a container for white paper. CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et M.) 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. Pursuant to the California Government Code Closed Session was held on the following matters: §54956.90 (city a party to pending litigation) City of Los Angeles vs City of El Segundo LAX Variance vs City of El Segundo Potlatch vs City of El Segundo Denby vs City of El Segundo §54956.9(bl Three (2) Matters 9 City Council Meeting January 5, 1993 §54956.9(c) Two (3) Matters ADJOURNMENT 12:40 A.M. to January 18, 1993 at 6:00 P.M. in the Matsui Inter- national Meeting Room at the Public Library. in y ortes r City Clerk, 10 City council Meeting January 5, 1993