2013 Oct 15 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 15, 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.
Mayor Fisher announced that Council would be meeting in closed session pursuant of
the items listed on the agenda.
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) -2- matter
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
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 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): -1- 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-
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.
Recessed at 6:50 PM
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October 15, 2013
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 15, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 7:02 PM
INVOCATION — Scott Lambert, Associate Minister, Hilltop Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Fuentes
PRESENTATIONS
Proclamation read by Council Member Fuentes and presented to Len Bonilla of El
Segundo Rotary. Proclaiming October 24, 2013 as World Polio Day in El Segundo,
sponsored by El Segundo Rotary Club and Rotary International.
Presentation by Megan Berry, Director of Business Development with Muscular
Dystrophy Association and El Segundo Firefighter's speaking on behalf of the Annual
Fill the Boot Campaign.
Proclamation read by Mayor Fisher and presented to Lina McDermott, Youth Manager,
along with youth members of Tree Musketeers. Proclaiming Saturday, October 26,
2013 as Make A Difference Day.
Commendation read by Council Member Fellhauer and presented to El Segundo Police
Officer Armando Rodriguez for his heroic acts.
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.
James Patrick Smith, resident, recently visited Top Golf in Houston, TX and found the
facility to be a top notch operation.
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October 15, 2013
PAGE NO. 3
Julian Poyourow, President of Tree Musketeers, encouraged the Council to support
Make a Difference Day and waive the fees requested by the group.
Mike Dunkel, Hermosa Beach resident, opposed to Top Golf facility at The Lakes of El
Segundo.
Mike Robbins, resident, has concerns with items on the Agenda, written
communication was received in the City Clerk's office prior to the meeting.
Elizabeth Synadinos, resident, in favor of Agenda item #13, banning retail sales of
cats and dogs in El Segundo.
Elizabeth Oreck, National Manager, Puppy Mill Initiatives
Best Friends Animal Society, strongly supports banning retail sales of cats and dogs in
El Segundo.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council discussion
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)
Consideration and possible action to open a public hearing and receive public
testimony concerning adopting a resolution amending, in its entirety, the Zone 1
preferential parking area first established by Resolution No. 3333 and
establishing a permit fee in accordance with the El Segundo Municipal Code
( "ESMC "). Zone 1 will include the west curb line of Washington Street (from
Maple Avenue to Walnut Ave) and, also, both curb lines of Walnut Avenue (from
Washington Street to California Street).
(Fiscal Impact: None)
Mayor Fisher stated this was the time and place to conduct a Public Hearing and
receive public testimony concerning adopting a resolution amending, in its entirety, the
Zone 1 preferential parking area first established by Resolution No. 3333 and
establishing a permit fee in accordance with the El Segundo Municipal Code ( "ESMC ").
Zone 1 will include the west curb line of Washington Street (from Maple Avenue to
Walnut Ave) and, also, both curb lines of Walnut Avenue (from Washington Street to
California Street).
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October 15, 2013
PAGE NO. 4
Clerk Weaver stated that proper notice had been done and one item was received and
Council was copied.
Mayor Pro Tern Jacobson left the dais due to possible conflict of interest.
Mitch Tavera, Police Chief, answered Council questions.
Opened Public Hearing
MOTION by Council Member Fellhauer, Seconded by Council Member Fuentes to close
the Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4845
A RESOLUTION AMENDING RESOLUTION NO. 3333, ADOPTED NOVEMBER 5,
1985, INITS ENTIRETY REGARDING PREFERENTIAL PARKING AREAS WITHIN
THE CITY WHERE PARKING PERMITS MAY BE USED IN ACCORDANCE WITH EL
SEGUNDO MUNICIPAL CODE CHAPTER 8 -5A.
MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to
adopt Resolution No. 4845, amending, in its entirety, Resolution No. 3333 to reestablish
the Zone 1 preferential parking area and establish a permit fee. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
Mayor Pro Tern Jacobson returned to the dais.
2. Consideration and possible action to open a public hearing and receive testimony
regarding: 1) an Environmental Assessment for a Categorical Exemption; and 2)
a Zone Text Amendment to modify El Segundo Municipal Code (ESMC)
regulations regarding the definition of "Setback" located in ESMC § 15 -1 -6 and
corrections to the table entitled "Drive Aisle Width and Parking Space Depth"
located in ESMC § 15- 15- 5(N)(1). Applicant: City Initiated.
(Fiscal Impact: None)
Mayor Fisher stated this was the time and place to conduct a Public Hearing and
receive public testimony regarding an Environmental Assessment for a Categorical
Exemption and a Zone Text Amendment to modify El Segundo Municipal Code (ESMC)
regulations regarding the definition of "Setback" located in ESMC § 15 -1 -6 and
corrections to the table entitled "Drive Aisle Width and Parking Space Depth" located in
ESMC § 15- 15- 5(N)(1)
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October 15, 2013
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Clerk Weaver stated that proper notice had been done and no written communication
has been received in the Clerk's Office.
Sam Lee, Director of Planning and Building Safety, gave a brief presentation
Opened Public Hearing
MOTION by Mayor Pro Tern Jacobson, Seconded by Council Member Atkinson to close
the Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1483
AN ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL CODE DEFINITION OF
SETBACK (ESMC §15 -1 -6) AND OFF- STREET PARKING DRIVE -AISLE WIDTH AND
PARKING SPACE DEPTH (ESMC §15- 15 -5).
Mayor Pro Tern Jacobson introduced the Ordinance.
Second reading and adoption scheduled for November 5, 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 2594565 — 2594745 on Register No. 1 in the total
amount of $1,791,016.23 and Wire Transfers from 9/13/2013 through 9/26/2013
in the total amount of $853,403.74. 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 Special City Council Meeting Minutes of September 25, 2013 and
Regular City Council Meeting Minutes of October 1, 2013.
5. Accepted $16,271.60 in grant funding from the University of California, Berkeley,
Safe Transportation Research and Education Center.
(Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 2013
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6. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
7. Authorized the City Manager to execute an amendment with AKM Consulting
Engineers, in a form approved by the City Attorney, for additional construction
inspection services related to the Maple Ave. construction project in the amount
not to exceed $20,000.00. No. PW 12 -09.
(Fiscal Impact: $20,000.00)
8. Accepted as complete the FY 11/12 slurry sealing of the streets in the area
bounded by Sheldon Street, Mariposa Avenue, El Segundo Boulevard and
Sepulveda Boulevard and authorized the City Clerk to file a Notice of Completion
in the County Recorder's office. Project No.: PW 12 -05.
(Fiscal Impact: $320,231.08)
9. Adopted Plans and Specifications for the FY 13/14 slurry sealing of the streets in
the area bounded by the west City boundary, Sheldon Street, Mariposa Avenue,
and El Segundo Boulevard and authorized staff to advertise the project for
receipt of construction bids. Project No.: PW 13 -14.
(Fiscal Impact: $642,000.00)
10.Authorized the City Manager to enter into Memorandum of Understanding No.
4501 (MOU) for development of an Enhanced Watershed Management Program
for Jurisdictional Groups 2 & 3 of the Santa Monica Bay Watershed, and for the
Dominguez Channel Watershed and authorized the City Manager to enter into a
Memorandum of Understanding No. 4502, approved in form by the City Attorney,
between the Cities of Los Angeles, El Segundo, Hawthorne and Inglewood, the
Los Angeles County Flood Control District, and the County of Los Angeles for
$49,996.45 for administration and cost sharing for development of an Enhanced
Watershed Management Program for the Dominguez Channel Watershed
(Fiscal Impact: $93,967.45)
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson
to approve Consent Agenda items 3, 4, 5, 7, 8, 9, and 10. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEM:
6. Consideration and possible action to update the El Segundo Municipal Code
regulating general penalties for Title 6 of the City Code specific to animal control.
Council Discussion
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 2013
PAGE NO. 7
MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to
adopt Ordinance No. 1482, amending the El Segundo Municipal Code § 6 -1 -5
regulating violations of animal regulations within the City's jurisdiction. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
11. Consideration and possible action regarding a request from Tree Musketeers to
waive fees for the use of City resources and staff time associated with their Make
a Difference Day event on October 26, 2013.
(Fiscal Impact: $1079.45)
Council Discussion
MOTION by Mayor Fisher, SECONDED by Council Member Fellhauer to grant the
request from Tree Musketeers and waive fees for the use of City resources and staff
time associated with their Make a Difference Day event on October 26, 2013.
MOTION PASSED BY VOICE VOTE. 3/2 (AYES: Fellhauer, Fisher and Atkinson
NOS: Jacobson and Fuentes)
12. Consideration and possible action regarding: (1) Waiving first reading and
introducing ordinances adopting the 2013 California Building Code (Volumes I
and II), 2013 California Fire Code, 2013 California Electrical Code, 2013
California Plumbing Code, 2013 California Mechanical Code, 2013 California
Energy Code, 2013 California Residential Code, 2013 California Green Building
Standards Code, 1997 Uniform Housing Code, 1997 Uniform Code for the
Abatement of Dangerous Buildings, and Post Disaster Assessment Standards
with amendments.
(Fiscal Impact: None)
Mark Hensley read by title only:
ORDINANCE NO. 1484
AN ORDINANCE INCORPORATING THE 2013 CALIFORNIA BUILDING CODE
( "CBC ") BY REFERENCE AND AMENDING THE CBC BASED UPON LOCAL
CLIMATIC, TOPOGRAPHIC, AND GEOLOGICAL CONDITIONS
Council Member Fellhauer introduced the Ordinance
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October 15, 2013
PAGE NO. 8
ORDINANCE NO. 1485
AN ORDINANCE ADOPTING THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL
CODE
Council Member Fuentes introduced the Ordinance
ORDINANCE NO. 1486
AN ORDINANCE ADOPTING THE 2013 EDITION OF THE CALIFORNIA PLUMBING
CODE WITH AMENDMENTS
Council Member Atkinson introduced the Ordinance
ORDINANCE NO. 1487
AN ORDINANCE ADOPTING THE 2013 EDITION OF THE CALIFORNIA
MECHANICAL CODE WITH AMENDMENTS
Mayor Fisher introduced the Ordinance
ORDINANCE NO. 1488
AN ORDINANCE ADOPTING BY REFERENCE THE 2013 EDITION OF THE
CALIFORNIA FIRE CODE, CHAPTERS 1, DIVISION 2, 3, 4, AND SECTIONS 503,
510.2 AND 1103.2 OF THE INTERNATIONAL FIRE CODE, 2012 EDITION, AND
AMENDING THESE CODES THROUGH EXPRESS FINDINGS OF LOCAL
NECESSITY
Council Member Atkinson introduced the Ordinance
ORDINANCE NO. 1489
AN ORDINANCE ADOPTING THE 2013 EDITION OF THE CALIFORNIA ENERGY
CODE
Council Member Fellhauer introduced the Ordinance
ORDINANCE NO. 1490
AN ORDINANCE INCORPORATING THE 2013 CALIFORNIA RESIDENTIAL CODE
( "CRC ") BY REFERENCE AND AMENDING THE CRC BASED UPON LOCAL
CLIMATIC, TOPOGRAPHIC, AND GEOLOGICAL CONDITIONS.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 2013
PAGE NO. 9
Council Member Fuentes introduced the Ordinance
ORDINANCE NO. 1491
AN ORDINANCE ADOPTING THE 2013 EDITION OF THE CALIFORNIA GREEN
BUILDING STANDARDS CODE
Council Member Fellhauer introduced the Ordinance
Public Hearing and second reading and adoption scheduled for November 5, 2013.
REPORTS — CITY MANAGER — None
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Attended the grand opening of Rock & Brews at the Delta
Terminal at LAX, attended the Fire Department and Rotary's Fire Prevention Poster
Drawing contest event and announced tonight that Purple Orchid was hosting a charity
auction for Got Kids, an El Segundo non - profit organization rescuing children from
trafficking.
Council Member Atkinson — None
Council Member Fuentes —
13. Consideration and possible action regarding an amendment to the Municipal
Code banning retail sales of dogs and cats.
(Fiscal Impact: None)
Council Consensus directing staff to prepare an Ordinance amending the El Segundo
Municipal Code (ESMC) to ban the retail sales of dogs and cats.
Attended the Fire Prevention event at Fire Station 1, attended the El Segundo volunteer
recognition event at The Lakes of El Segundo, and stated she will be attending the
Salute to the Military at the Hacienda Hotel on Wednesday, October 16, 2013.
Mayor Pro Tern Jacobson — he too attended the weekly events and mentioned the
Volunteer luncheon at The Lakes of El Segundo was a nice event.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 2013
PAGE NO. 10
Mayor Fisher — Attended the Volunteer event and thanked the City staff for their part in
the event. He also thanked El Segundo volunteers. Attended the Fire Department and
Rotary's Fire Prevention Poster Drawing contest event, thanked Chevron for hosting the
event. Attended the grand opening of Rock & Brews at the Delta Terminal at LAX.
Stated that the Community Outreach meetings begin Wednesday, October 16, 2013. A
schedule of the meetings can be found on the City's web site, plus you can view the
power point and view the video presentation on the web site as well.
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.
Mike Robbins, resident, spoke against using the City's employees and resources to
create an Ordinance to ban retail sales of dogs and cats. Mr. Robbins also spoke the
budget issues facing the City.
Elizabeth Synadinos, resident, spoke in favor of a ban on retail sales of dogs and cats
in El Segundo. (Rebuttal to Mr. Robbins)
MEMORIALS — None
ADJOURNMENT at 8:43 PM
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Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
October 15, 2013
PAGE NO. 11