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2015 Dec 15 - CC MIN (3)REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 15, 2015 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tem Jacobson at 5:00 PM ROLL CALL Mayor Fuentes - Present at 5:01 PM Mayor Pro Tem Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None Mayor Pro Tem Jacobson announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1): -1- matter City of EI Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matter. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 1 APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -7 - matters Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Supervisory and Professional Employees Association; City Employees Association; Executive Management Group (Unrepresented Group); Management/Confidential Group (Unrepresented Group) Agency Designated Representative: Steve Filarsky and City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 15, 2015 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:00 PM INVOCATION — Pastor Eric Jay, St. John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS a) Commendation read by Council Member Fellhauer and presented to Dina Williams EI Segundo Police Department's Retired Senior Volunteer of the Year. b) Commendation read by Mayor Fuentes and presented to Neal Von Flue, coordinator, for the EI Segundo Community Christmas Dinner to be held on December 25, 2015 at the Joslyn Center. c) Presentation by Chris Cagle, Regional Affairs Manager, the South Bay Workforce Investment Board (SBWIB). d) Presentation by Meredith Petit, Recreation and Parks Director concerning the Los Angeles County Comprehensive Parks Needs Assessment. e) Presentation by Crista Binder, City Treasurer and Dino Marsocci, Deputy City Treasurer II, the quarterly Investment Portfolio Report. ROLL CALL Mayor Fuentes - Present Mayor Pro Tem Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Mike Robbins, resident, commented on the Election Resolution No. 4945 published in the EI Segundo Herald, commented on item #C2 and item #C3. Julie Stolnak, resident, commended the Council on working to save the trees along Pine Ave. CITY COUNCIL COMMENTS — (Related to Public Communications) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tem Jacobson, SECONDED by Council Member Fellhauer to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action regarding (Public Hearing) the proposed project and budget for the 2016-17 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2016-2017 is approximately $53,124. (Fiscal Impact: $53,124.00) Mayor Fuentes stated this was the time and place to conduct a public hearing regarding the proposed project and budget for the 2016-2017 Community Development Block Grant (CDBG) Program Year. City Clerk Weaver stated that proper notice had been given in a timely manner and that written communication had not been received in the City Clerk's office. Greg Carpenter, City Manager, introduced the item. Tina Gall, CDBG Coordinator, gave a presentation and answered Council questions. Mayor Fuentes announced the Public Hearing is now open for public comment. Mayor Fuentes closed the Public Hearing. Council Discussion MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to adopt the 2016-2017 CDBG project and budget and authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 4 2. Continuation of the EI Segundo South Campus Specific Plan Project (ESSCSP) for property generally located at 2000 to 2100 EI Segundo Boulevard owned by the Raytheon Company. (Fiscal Impact: If approved, the project would provide $4,000,000 in direct payment revenue; up to $1,071,228 in direct payment revenue related to development fee per square foot; an estimated $11,893,000 roadway infrastructure; $75,000 for bicycle parking; and potentially $375,000 for wastewater infrastructure improvements). Greg Carpenter, City Manager, introduced the item. Scott Pozza, Director of Facilities and Real Estate at Raytheon, spoke concerning the Development Agreement by and between the City of EI Segundo and Raytheon Company. Council Discussion MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to approve Resolution No. 4958, adopt a statement of overriding considerations, amending the General Plan and General Plan Map (No. GPA 11-01), approve a Vesting Tentative Map (No. SUB 11-02) and introduce and waive first reading of an Ordinance No. 1516 adopting a Specific Plan (ZTA 11-01 and SP 11-01), approve a Development Agreement (DA 11-02), amend the Zoning, amend Development Agreement Section 7.1.4 with the following verbiage; "The City will accept dedication of Nast Street and improvements if constructed in accordance with City Standards", amend Section 7.2.4 with the following verbiage; "The City will accept dedication of Continental Boulevard and improvements if constructed in accordance with City Standards" and schedule second reading and adoption of the Ordinance for January 19, 2016. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Consideration and possible action to approve a revised Due Diligence and Ground Lease Agreement No. 4924 with ES CenterCal LLC ("ES CenterCal") to lease the driving range portion of The Lakes Golf Course for the purpose of developing the facility consisting of a driving range, restaurant, bar and lounge and event . CenterCal has requested two substantive revisions to the Agreement approved by the Council on September 15, 2015. (Fiscal Impact:) Greg Carpenter, City Manager, introduced and presented the item. Council Discussion Rupesh Bhakta, Vice President, Acquisitions and Development at CenterCal Properties LLC, answered Council questions. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 5 MOTION by Council Member Dugan, SECONDED by Council Member Fellhauer to approve the revised Due Diligence and Ground Lease Agreement with the substantive changes by CenterCal and allow for minor non -substantive changes approved as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4. Consideration and possible action to open the recruitment process for the positions on the Committees, Commissions and Boards ("CCBs") that expires in the year 2016. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Council directed staff to direct staff to open the recruitment process for the positions on the CCB's. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5. Approve Warrant Numbers 3008814 through 3008942 on Register No. 5 in the total amount of $944,991.36 and Wire Transfers from 11/16/2015 through 11/29/2015 in the total amount of $982,284.20. Authorized staff to release. Ratified Payroll and employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 6. Approve Regular City Council Meeting Minutes of November 17, 2015 and Regular City Council Meeting Minutes of December 1, 2015. 7. Receive and file this report regarding emergency work to repair dwelling units at the Park Vista Senior Housing Facility due to water intrusion without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and EI Segundo Municipal Code ("ESMC") 1-7-12 and 1-7A-4. (Fiscal Impact: $50,000.00) 8. Authorize the City Manager to execute a contract amendment no. 4918A, in a form approved by the City Attorney, for an additional $25,000 with WaterWise Consulting, Inc. for additional water conservation outreach and support. (Fiscal Impact: $25,000.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 6 9. Adopt Resolution No. 4957 approving plans and specifications for Trenchless Sewer Improvement — Eastern Residential Zone, Project No. PW 16-03 and authorize staff to advertise for the receipt of construction bids. (Fiscal Impact: $2,000,000.00) 10. Approve year-end adjustments to the Fiscal Year 2014-2015 Adopted Budget and approve the increase to the Fiscal Year 2015-2016 Adopted Budget for continuing appropriations, thereby amending the Fiscal Year 2015-2016 Adopted Budget in the Funds. (Fiscal Impact: General Fund estimated revenues will increase by $1,856,700, appropriations will increase by $1,820,200. The following budget adjustments in Special Revenue funds are also requested: COPS Fund appropriations will increase by $73,500; Measure R Fund appropriations will increase by $150,000; TDA Article 3 Fund appropriations will increase by $10,720; State Grants Fund appropriations will increase by $152,100; Capital Improvement Fund estimated revenues and appropriations will increase by $111,250; and Special Revenues/Donations Fund estimated revenues will increase by $48,700, and appropriations will increase by $41,600.) 11. Authorize the City Manager to execute a standard Public Works contract no. 4956, in a form approved by the City Attorney, to R.E. Shultz for Hilltop Park Playground Improvement, Project No. PW 16-05 and authorize an additional $21,275.00 for construction related contingencies. (Fiscal Impact: $ 183,000.00) 12. Adopt Resolution No. 4959 and Resolution No. 4960 authorizing the City Manager to Execute a Joint Powers Agreement (JPA) No. 4966 with the California Home Finance (CHF) Authority ("Authority") to participate in the Ygrene Works Property Assessed Clean Energy (PACE) Program ("Program"); authorizing the Authority to take action by including property within the City's jurisdiction in the Program; and authorizing the City Manager to execute documents needed to implement the resolutions in a form approved by the City Attorney. (Fiscal Impact: $0) 13. Waive second reading and adopt Ordinance No. 1515 deleting EI Segundo Municipal Code ("ESMC") Chapter 10-2 regarding Water Conservation in Landscaping; adding a new ESMC Chapter 15-15A regarding Water Conservation in Landscaping; amending ESMC § 15-1-6 to add new definitions for types of landscaping and artificial turf; amending ESMC § 15-2- 14 regarding landscaping and artificial turf requirements; and amending certain landscaping sections in all Zoning Districts in ESMC Title 15. Applicant: City of EI Segundo (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 7 14. Adopt Resolution No. 4961 to apply for a grant from Los Angeles County Regional Park and Open Space District (RPOSD) in the amount of $300,000. The grant funds will be allocated for improvement and rehabilitation of sports court and general use area lighting at Recreation Park. (Fiscal Impact: FY 15-16: $300,000 of Intergovernmental Grant Revenue) 15. PULLED BY MAYOR PRO TEM JACOBSON 16. Reject all bids for construction of American with Disabilities Act (ADA) Sidewalk Ramps (CDBG Project). Project No. PW 15-24. (Fiscal Impact: $60,000.00 in CDBG grant funds) 17. Approve Resolution No. 4963 to abolish certain part-time classifications in order to comply with the minimum wage increase effective January 1, 2016. (Fiscal Impact: No Fiscal Impact for upcoming year) 18. Adopt Resolution No. 4964 establishing a new base salary for the classification of Fire Chief. (Fiscal Impact: None) 19. Approve an Interim Side Letter between the City of EI Segundo and the Police Managers' Association (PMA), approve an Interim Side Letter between the City of EI Segundo and the Supervisory and Professional Employees' Association (SPEA) and approve Resolution No. 4965 providing for changes to Chapter 1A2 of the EI Segundo Administrative Code by adjusting base salary schedules, repealing obsolete sections, and modifying other benefit provisions for Management -Confidential and Executive classifications. (Fiscal Impact: N/A) MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to approve Consent Agenda items 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18 and 19. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 15. Consideration and possible action to adopt a Resolution approving plans and specifications for the Richmond Street Rehabilitation Arterial Improvement Project. Project No. PW 15-01 and authorize staff to advertise for the receipt of construction bids. (Fiscal Impact: $800,000.00) MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to adopt Resolution No. 4962 approving plans and for the Richmond Arterial Improvement Project, Project No. PW 15-01 and authorize staff to advertise for the receipt of construction bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/1 NO Jacobson MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 8 F. NEW BUSINESS 20. Approve an amendment no. 4243A the employment agreement and approve a new salary schedule for the City Manager to extend the term through December 31, 2019; consistent with the action taken by the City Council on June 2, 2015 with respect to Department Directors and Confidential Management staff, convert the City's payment of the deferred compensation 5% match benefit to base salary and convert the monthly benefit of $1,081 "Additional Pay" to Base Pay pursuant to an understanding reached with the California Public Employees' Retirement System (PERS) with regard to including all Additional Pay for City employees receiving this benefit in their base salary. (Fiscal Impact: Conversion of $10,500 of annual deferred compensation benefit to base salary and conversion of $1,081 Additional Pay into base salary which results in no additional expense to the City except the City will annually contribute 18% of $10,500 which is the City's share of the PERS retirement cost) Karl Berger, Assistant City Attorney, introduced the item. Council Discussion MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve an amendment to the employment agreement of the City Manager to extend the term through December 31, 2019 and approve a new salary schedule consistent with the action taken by Council on June 2, 2015 with respect to Department Directors and Confidential Management staff for the position of City Manager. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Wished City Employees a Happy Holiday season, thanked staff for the Tree Lighting event, thanked the Planning staff for a job well done on the Raytheon Project. Mr. Carpenter announced Kimberly Christensen's retirement. H. REPORTS — CITY ATTORNEY — Wished Kim well on her retirement. I. REPORTS — CITY CLERK — Answered Council's question concerning the possible revision of Resolution No. 4945 concerning the upcoming election in 2016. J. REPORTS — CITY TREASURER — Reported earlier in the meeting. K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Wished Kim well on her retirement, mentioned the San Bernadino incident and repeated the need for "See something, Say something" and wished everyone a Merry Christmas and a Happy New Year. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 9 Council Member Atkinson — Wished everyone a Merry Christmas and a Happy New Year. Council Member Dugan — Thanked staff for all their hard work on the various Holiday events over the last few weeks. Wished everyone a Merry Christmas and a Happy New Year. Mayor Pro Tem Jacobson — Thanked staff and the homeowners for a wonderful holiday season of events. Wished everyone a Merry Christmas and a Happy New Year. Mayor Fuentes — Congratulated Kim on her retirement, thanked the staff for a wonderful job on the Holiday events put on by the City and thanked Chamber of Commerce for a great parade. Mentioned the San Bernadino incident as well and stressed the importance of being vigil. 21. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. (Fiscal Impact: None) MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tem Jacobson to approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of EI Segundo as follows: 1) The use of air rights and waiver of the Santa Monica Radial 160 R procedure; 2) Grant a free business license for a non-profit organization; 3) Waiver of the Noise Ordinance to permit the sound of bells; 4) Waiver of the Trespass Ordinance including dealing with trespassing animals; 5) Waiver of the ordinance on Animal Regulations. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Mike Robbins, resident, commented on the Tree Lighting ceremony and wished everyone a very Merry Christmas and a Happy New Year. Kirsten Strickland, resident, commented on the current situation with the POA and stated the community would like the facts stated and questions answered, instead of the hearsay circulating. MEMORIALS — None ADJOURNMENT at 8:20 PM Tracy Weger, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 15, 2015 PAGE No. 10