2013 Aug 20 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 20 2013 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 5:00 PM
ROLL CALL
Mayor Fisher - Present
Mayor Pro Tern Jacobson - Present
Council Member Fuentes - Present
Council Member Atkinson - Present
Council Member Fellhauer - Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250,
SPECIAL ORDER OF BUSINESS:
1. Consideration and possible action to appoint the City Manager as labor
negotiator for the Management Group (Department Heads), the Management
Confidential Group (all city unrepresented employees, except Department
Heads); and the Supervisory and Professional Employees Association.
MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to
the City Manager as labor negotiator for the Management Group (Department Heads),
the Management Confidential Group (all city unrepresented employees, except
Department Heads); and the Supervisory and Professional Employees Association.
MOTION PASSED BY A 4 -1 VOTE. AYES: Fisher, Fellhauer, Fuentes and Jacobson.
NOS: Atkinson
Mayor Fisher announced that Council would be meeting in closed session pursuant of
the items listed on the agenda.
CLOSED SESSION:
The City Council moved 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:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 1
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d) (3) -4- matters
1. City of El Segundo vs. City of Los Angeles, et. al., LASC Case No. BS094279
2. City of Los Angeles vs. Pacific Bell Telephone Company, et. al., LASC Case No,
BC414272
3. Garton vs. City of El Segundo, et. al., LASC Case No. YC066586
4. El Segundo City Employees Association vs. City of El Segundo, Unfair Practice
Charge No. California Public Employment Relations Board Case No. BC414272
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-1- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -3-
matters
1. Unrepresented Group: Executive Group (Department Heads)
City Negotiator: Greg Carpenter, City Manager
2. Unrepresented Group: Management Confidential Group (All unrepresented City
Employees, except Department Heads)
City Negotiator: Greg Carpenter, City Manager
3. Unrepresented Group: Supervisory and Professional Employees Association
City Negotiator: Greg Carpenter, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
Lease of City Owned Property (Price and Terms)
Real Property: City Owned Golf Course ( "The Lakes ") located at Sepulveda Boulevard
(Assessor Parcel Number: 4138 014 913)
City's Negotiator: Greg Carpenter, City Manager
Potential Lessee /Negotiating Party: Centercal Properties, Inc.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 20, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 7:00 PM
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
a) Proclamation presented by Council Member Fuentes to Denise Davis,
Emergency Services Coordinator for the City of El- Segundo, for September 2013
National Preparedness Month,
ROLL CALL
Mayor Fisher - Present
Mayor Pro Tem Jacobson - Present
Council Member Fuentes - Present
Council Member Atkinson - Present
Council Member Fellhauer - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Gail Church, Executive Director Tree Musketeer's, spoke on the removal and
replacement of the fichus trees along Main Street and also spoke on the removal of
trees along Richmond Street and hopes the council will put Richmond St. revitalization
near the top of the agenda on priorities.
Jennifer Jones, LPGA golf professional, spoke concerning keeping the Lakes a
traditional Golf Course. Found three companies with an interest to bid on The Lakes;
Touchstone Golf, O & J Golf and JC Golf.
Mike Robbins, Resident, spoke on the golf course, The Lakes, he also spoke against
having the City Manager as the Labor negotiator; an item that was on the Closed
Session agenda.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 3
Veronica Chen, member of the Mira Costa Golf team, in favor of keeping The Lakes as
it is currently.
John Gutt, resident and President of ES Golf Club, in favor of The Lakes staying a
traditional course.
Tony Hobbs, resident and El Segundo High School Girls Soccer coach, spoke
concerning the Campus El Segundo field and non - residents using the field and
competing with the youth organizations for field time.
Tom Norton, resident, in favor of The Lakes staying a traditional course.
Allison Montgomery, Manhattan Beach resident, in favor of The Lakes staying a
traditional course.
Dr. Antonio Mendez, Resident, shared information from attending an Assembly Select
Committee on Aerospace and Public Information Hearing concerning rebuilding the
Aerospace Industry with Assembly Member AI Muratsuchi.
Unknown Speaker, in favor of keeping The Lakes a traditional Golf Course, which she
feels is a safe environment for children in the community.
Brad Campbell, resident, has concerns with Top Golf and would like The Lakes to stay
a traditional course.
Brian Addison, Vice President of O & J Management, wanted to put a face to the
proposal made by his company.
Kate Bergin, Manhattan Beach resident, speaking on behalf of keeping The Lakes a
traditional course.
Ron Swanson, resident and El Segundo business owner, spoke in favor of Top Golf
coming to El Segundo.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Mayor Fisher, commented on the Campus El Segundo situation.
Council Member Atkinson, commented on the fact that non - residents use all our
facilities and the feasibility study is looking into charging fees for the use of our various
facilities.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes 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)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 4
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.
1. Approved Warrant Numbers 2593754 - 2593958 on Register No. 21 in the total
amount of $713,328.25 and Wire Transfers from 7/18/2013 through 8/01/2013 in
the total amount of $953,614.65. 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.
2. Approved Regular City Council Meeting Minutes of August 6, 2013.
3. Adopted Resolution No. 4836 authorizing the annual destruction of identified
records in accordance with the provisions of Section 34090 of the Government
Code of the State of California. (Fiscal Impact: Not to Exceed $1,000.00)
4. Waived the bidding process per El Segundo Municipal Code § 1 -7 -10 and
authorized the purchase and installation of a replacement MagneGrip vehicle
exhaust extraction system for Air Cleaning Technology (ACT) to be installed at
Fire Station 1. /(Fiscal Impact: $52,675.34)
5. PULLED FOR DISCUSSION BY COUNCIL MEMBER FELLHAUER
6. Confirmed the City Manager's authority to execute Lease Agreement No. 4471,
in a form approved by the City Attorney, between the City of El Segundo and
Chevron for construction and operation of a beach restroom and lifeguard facility
located at 105 Vista del Mar. (Fiscal Impact: $1.00)
7. Adopted Resolution No. 4837 authorizing the City Manager to Execute
Agreement No. 4470 with the California Enterprise Development Authority
( "CEDA ") to participate in the California Property Clean Energy Program
( "PACE "), authorized the Authority to take action for including property within
the City's jurisdiction in the PACE program and authorized the City Manager, or
designee, to execute such documents needed to implement this resolution.
(Fiscal Impact: None)
8. Authorized the City Manager to approve a standard Public Works Contract No.
4472 in a form approved by the City Attorney with Best Contracting Services, Inc.
in the amount of $346,333.00 for the Park Vista Senior Housing Facility roof
replacement and authorized $34,667.00 for construction related to contingencies.
Project No. PW 13 -20.
(Fiscal Impact: $381,000 from Park Vista Enterprise Fund)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 5
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
approve Consent Agenda items 1, 2, 3 4, 6, 7, and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEM:
5. Consideration and possible action to authorize a contract amendment with First
National Insurance Co., in a form approved by the City Attorney, for change
orders related to construction of a beach bathroom and lifeguard facility located
at 105 Vista del Mar Ave.
(Fiscal Impact: $110,448.25)
Stephanie Katsouleas, Public Works Director, answered Council's questions concerning
the security cameras for the beach bathroom and lifeguard facility.
Mitch Tavera, Chief of Police, answered questions and gave a security camera update.
MOTION by Council Member Fellhauer, SECONDED by Council Member Fuentes to
authorize a contract amendment with First National Insurance Co., in a form approved
by the City Attorney, for change orders related to construction of a beach bathroom and
lifeguard facility located at 105 Vista del Mar Ave. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
F. NEW BUSINESS
9. Consideration and possible action to provide direction to staff on whether to
waive the two year, open cut moratorium on streets recently resurfaced and allow
NanoH2o to cut into the 700 -800 block of Lairport Street before the expiration of
the moratorium in February 2014.
(Fiscal Impact: None)
Greg Carpenter, City Manager, gave a brief report.
MOTION by Council Member Fellhauer, SECONDED by Council Member Fuentes
directing staff to allow NanoH2o to cut into Lairport (bore pit) prior to the February 2014
expiration of the open cut moratorium placed on street resurfacing projects. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
REPORTS — CITY MANAGER - None
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 6
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer - None
Council Member Atkinson — Participated in the Firemen's Golf Tournament and
encouraged everyone to attend next year.
Council Member Fuentes — Mentioned Broadway in the Park and stated it was a
successful production. Attended Assembly Member Al Muratsuchi's Assembly Select
Committee on Aerospace and Public Information Hearing and reported back with
information from the Hearing.
Mayor Pro Tern Jacobson — None
Mayor Fisher — Thanked Council Member Fuentes for attending the Assembly Select
Committee on Aerospace and Public Information Hearing. Announced that the City has
been working on an Economic Development Plan with EDAC. and another group, an
Economic Development Roundtable team. These two teams are coming up with
initiatives; 1) Roundtable meetings to pull El Segundo businesses (smaller ones)
together with Council Members and Department Heads to get to know the companies,
City leaders and Department Heads; 2) Meetings with the larger businesses and
Corporations for the same purpose of getting to know the business and the City leaders
and 3) Meetings with businesses outside of El Segundo to understand what other cities
are offering.
Mayor Fisher congratulated the Babe Ruth 13 Year Old All Star team for winning first in
their pool in the Babe Ruth World Series and moving on to the Semi Finals on Friday in
Williston, North Dakota. Council Member Fuentes stated that she remembers when El
Segundo won the Babe Ruth World Series in 1969 and we had a parade down Main
Street and that we should have a parade this year if the 13 -year olds win again.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Ron Swanson, resident and El Segundo business owner, commented on the Babe
Ruth World Series as well. Stating you can see the games on ihigh.com. The next game
is Friday and if they win, will play Saturday in the finals.
Jack Axelrod, resident, enjoys the art classes at ESMoA and encourages all to attend.
Mr. Axelrod does not feel El Segundo should be all about Economic Development. Mr.
Axelrod stated he is opposed to the Invocation at the beginning of the meetings and he
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 7
also feels the Loyalty Oath is a bad idea, he would like to bring in HS students to read
excerpts from the Bill of Rights or a section from the United Nation's Declaration of
Human Rights. Mr. Axelrod encouraged the Council to adopt a resolution allowing
President Obama to give Presidential Medal of Honor to Bradley Manning and Edward
Snowden. Encourages the City to remove Chevron Refinery and replace with a Solar
Generating Station or a Wind Farm.
Mike Robbins, resident, wanted an answer to his earlier request of what the vote was
for appointing the City Manager as the Labor Negotiator for the Closed Session
meeting. Would prefer the City use a professional Labor negotiator.
Mark Hensley, City Attorney, stated that the City Manager was appointed Labor
negotiator with a vote of 4/1. Council Member Atkinson was the No vote.
MEMORIALS — None
CLOSED SESSION — Council moved to closed session at 8:21 PM.
ADJOURNMENT at 9:50 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
August 20, 2013
PAGE NO. 8