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2013 Sep 03 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 3, 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Council Member Fuentes at 5:03 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: 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3) -4- matters City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No. BC414272 Garton vs. City of El Segundo, LASC Case No. YC066586 Gluck vs. City of El Segundo, LASC Case No. C068662 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 1 Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -0- 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): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matter 1. 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. Council recessed at 6:30 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 3, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fisher at 7:00 p.m. INVOCATION — Scott Lambert, Associate Minister, Hilltop Community Church PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS Presentation by Mayor Fisher to the 13 Year Old Babe Ruth All Stars World Series Champions. Coach Bob Motta gave a brief speech on behalf of the team. ROLL CALL Mayor Fisher - Present Mayor Pro Tern 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. Tom Donahue, Manhattan Beach resident, opposed to Top Golf. Mike Dugan, El Segundo resident, opposed to Top Golf. Bob Kailes, Playa Del Rey resident, opposed to Top Golf and in favor of a traditional golf course. Walter Waite, Redondo Beach resident, opposed to Top Golf. Chris Funkhouser, South Bay resident, in favor of Top Golf. Chuck Schreiner, Manhattan Beach resident, opposed to Top Golf. Debra Geist, Manhattan Beach resident, has concerns about Top Golf. Brian Lewis, El Segundo resident, congratulated the Babe Ruth team. He is opposed to Top Golf, Cynthia Cohen, Manhattan Beach resident, opposed to Top Golf. MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 3 Brad Campbell, El Segundo resident, opposed to Top Golf and is in favor of keeping The Lakes traditional. Danielle Richman, Member of the Mira Costa Girl's Golf Team, opposed to Top Golf. Geena Wong, Member of the Mira Costa Girl's Golf Team, opposed to Top Golf. Scott and Joshua Berger, Rancho Palos Verde resident, opposed to Top Golf. Ron Swanson, El Segundo resident, in favor of Top Golf. Hayden Bauer, Manhattan Beach resident and El Segundo Business owner, opposed to Top Golf. John Gutt, El Segundo resident, opposed to Top Golf. Kenny Cole, Redondo Beach resident, opposed to Top Golf and in favor of keeping The Lakes a traditional facility. CITY COUNCIL COMMENTS — (Related to Public Communications) Council Members responded and discussed the Top Golf situation. 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 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 to open public hearing regarding the presentation of the Fiscal Year 2013 -2014 Preliminary Budget, including discussion and possible direction regarding all city revenues and expenditures. (Fiscal Impact: Total Revenues of $112,011,000; Total Expenditures of $134,179,500, Prior Year Designations of $22,168,500; General Fund Revenues of $56,743,600, Expenditures of $59,642,600, Prior Year Designations of $2,899,000) Mayor Fisher stated this was the time and place to conduct a public hearing regarding the Fiscal Year 2013 -2014 Preliminary Budget, including discussion and possible direction regarding all city revenues and expenditures. Clerk Weaver stated the proper noticing of the hearing was done and no written communication had been received in the City Clerk's Office. Greg Carpenter, City Manager, provided opening remarks related to the budget. Deborah Cullen, Finance Director, gave a presentation. MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 4 MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to continue the public hearing to September 17, 2013 for budget adoption. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action to open a public hearing and receive testimony to: 1) consider approving Environmental Assessment (EA) No. 993 for a proposed Addendum to the previously Certified Final Environmental Impact Report ( "EIR ") and adopt a Statement of Overriding Considerations for the Plaza El Segundo Development project at 850 North Sepulveda Boulevard located generally near the northeast corner of Sepulveda and Rosecrans Boulevards ( "Project "); 2) consider approving an amendment to the existing Development Agreement (DA No. 12 -03) for the Project to increase the size of the project area and total building square footage, and to modify the allowed uses and development standards relating to signs; 3) consider approving an amendment to the existing Commercial Center (C -4) Zone development standards (ZTA 12 -04) to modify the permitted uses and sign standards that would be consistent with the proposed Amendment to the Development Agreement; 4) consider approving an Adjustment (ADJ No. 13 -03) to deviate from the development standards for curb cuts, driveways and loading; 5) consider approving a Variance (VAR No. 13 -01) to deviate from the standards for retaining walls and fill height; 6) consider approving an Administrative Use Permit (AUP No. 13 -04) to allow the sale of beer, wine, and distilled spirits at restaurants and kiosks totaling 28,764 square feet; and 7) consider approving modifications to the existing project conditions of approval. The proposed Addendum, Development Agreement Amendment, and the Zone Text Amendment would allow an increase in the Project development area by 4.988 acres and an increase in the maximum developable floor area by 49,613 square feet from 448,829 to 498,442 square feet. The Project if amended would still be required to stay within the total traffic trip generation cap that was imposed on the original Project. Applicant: Street Retail Inc. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 5 Mayor Fisher stated this was the time and place to conduct a public hearing to approve Environment Assessment 993 for a proposed Addendum to the previously Certified Final Environmental Impact Report, adopt a Statement of Overriding Considerations for the Plaza El Segundo Development project, approve an amendment to the Development Agreement for the Project, approve an amendment to the existing Commercial Center Zone development standards, approve an Adjustment to deviate from the development standards for curb cuts, driveways and loading, approve a variance to deviate from the standards for retaining walls and fill height, approve an Administrative Use Permit No. 13 -04, and consider approving modifications to the existing project conditions of approval. Clerk Weaver stated the proper noticing of the hearing was done and no written communication had been received in the City Clerk's Office. Sam Lee, Planning and Building Safety Director, gave a presentation. Lisa Kranitz, attorney for Street Retail, Inc., answered questions concerning hours of operation allowances for certain types of businesses. Jeff Chambers, Federal Realty Investment Trust, applicant and developer of the project, gave a presentation. Mayor Fisher closed the Public Hearing. Council discussion. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4838 A RESOLUTION RECOMMENDING APPROVAL OF AN ADDENDUM TO A FINAL ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. EA -993; DEVELOPMENT AGREEMENT AMENDMENT NO. DA 12 -03; ZONE TEXT AMENDMENT NO. 12 -04; ADJUSTMENT TO NO. ADJ 13 -03; VARIANCE NO. VAR 13 -01; ADMINISTRATIVE USE PERMIT NO. AUP 13 -04; AND MODIFICATIONS TO CONDITIONS OF APPROVAL FOR THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT (REDUCED TRAFFIC GENERATION ALTERNATIVE). MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to adopt Resolution No. 4838 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 6 Mark Hensley, City Attorney read by title only: ORDINANCE NO. 1481 AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO. ZTA 12 -04 AMENDING EL SEGUNDO MUNICIPAL CODE SECTIONS ,15 -5G -2 AND 15 -5G -9; AND DEVELOPMENT AGREEMENT NO. DA 12 -03 (FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA 03 -01; FOR THE PLAZA EL SEGUNDO DEVELOPMENT. Council Member Fellhauer introduced the ordinance. Second reading and adoption scheduled for September 17, 2013. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. 3. Approved Warrant Numbers 2593959 - 2594192 on Register No. 22 in the total amount of $525,689.75 and Wire Transfers from 8/01/2013 through 8/15/2013 in the total amount of $4,072,078.17. 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. 4. Approved Regular City Council Meeting Minutes of August 20, 2013. 5. Approved Vesting Final Map No. 71820, a subdivision of 1710 E. Mariposa Avenue for condominium purposes and authorized the appropriate City Official(s) to sign and record said Map. (Fiscal Impact: None) 6. Authorized the City Manager to execute Design Services Contract No. 4475 with KOA Corporation, in a form approved by the City Attorney, to develop concept designs for parking improvements along Richmond St. and Standard St., between El Segundo Blvd. and Holly St. (Fiscal Impact: $60,000.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 7 MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson to approve Consent Agenda items 3, 4, 5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Thanked the Recreation and Parks Department, along with the Police Department for pulling together the Babe Ruth Parade on short notice. He also thanked the Finance Department staff and Department Heads for the hours and time spent putting together the Budget Presentation, especially Deborah Cullen and Angie Garcia. Mr. Carpenter also thanked Building and Safety staff for getting The Pointe to this point in this process. He also thanked Federal Realty and Jeff Chambers for the continued professionalism on The Pointe project. H. REPORTS — CITY ATTORNEY — None I. REPORTS — CITY CLERK — Announced she will not be at the September 17th meeting, she is moving her daughter back to college. J. REPORTS — CITY TREASURER — None K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Reminded the Public she will be out the Country for the next 2 weeks and unable to respond to emails. Council Member Atkinson — None Council Member Fuentes — Attended the South Bay Classic Golf Tournament with ROAD and attended on behalf of the ESUSD, because the tournament made a donation to the District to fund Drug education programs. Attended the El Segundo Beach Lifeguard Facility Ribbon cutting. Thanked Supervisor Knabe, Chevron and NRG, as well the staff, especially Stephanie Katsouleas, the Director of Public Works for all their hard work on the facility. Attended the Park Vista 26th Anniversary event. Lastly, reminded the community to attend the Police and Fire Departments Pancake Breakfast this Saturday, September 8, 2013 at the Main Street Station and attend the charity softball game that afternoon Fire vs. Police. Mayor Pro Tern Jacobson — Mentioned the Pancake Breakfast will begin at 8:30 AM and the Softball game will begin at 12:30 PM. MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 8 Mayor Fisher — Attended the Ribbon Cutting for the El Segundo Beach Lifeguard Facility. Thanked Don Knabe for the funds to build the facility. Mentioned the Police Officer's Association annual Car Show, thanked the Association for a great show. Attended the official (ceremonial) ground breaking for the Scattergood Plant. The plant is going through a major modernization, making it more fuel efficient and less pollution. Thanked the Finance department for all their hard work on the budget this year. Attended the Park Vista 26th Anniversary event. Please don't forget to attend the Pancake Breakfast. 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. Liz Garnholz, El Segundo resident, asked how much the El Segundo School District would receive for The Point project. Mr. Carpenter, City Manager, reminded Ms. Garnholz that The Point falls under the Wiseburn /Centinela Valley School Districts. No monies to ESUSD. MEMORIALS — John Joseph Parsons CLOSED SESSION - None ADJOURNMENT at 9:19 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING September 3, 2013 PAGE NO. 9