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2013 Dec 03 - CC MIN REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 3, 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 City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 Springfield vs. City of El Segundo, et.al. LASC Case No. YC067789 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -1- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO. 1 Initiation of litigation pursuant to Government Code §54956.9(0): -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): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 3, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER— Mayor Fisher at 7:02 PM INVOCATION — Pastor Rob McKenna, The Bridge PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson PRESENTATIONS Proclamation read by Council Member Fellhauer and presented to Marsha Hansen, President and CEO of El Segundo Chamber of Commerce, a Golden Holiday, Celebrating 50 years of the El Segundo Holiday Parade, Sunday, December 8, 2013.. Proclamation read by Council Member Atkinson and presented to Captain Turnbull, Opening night for Candy Lane on Saturday, December 14, 2013. Commendation read by Council Member Fuentes and presented to Marcia and Mark Marion on behalf of the supporters and volunteers of The El Segundo Community Christmas Dinner. Commendation read by Mayor Fisher and presented to Ralph Lanphere, El Segundo Police Department's RSVP of the Year. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.3 Steve Bradford, Assembly Member, congratulated Mr. Lanphere on his commendation. Mr. Bradford stopped by to visit the Council and drop off California Assembly Directory 2013. Sam Pena, Consolidated Disposal, showed the Council the newest container for Emergency Preparedness Kits, including the sticker for the containers. Mr. Pena also stated that the next Shred Day will be held Saturday, January 18, 2014. Antonio Mendez, resident, stated that the ESHS Eagle Football team will be playing in the CIF Championship game this Saturday. Mr. Mendez also, spoke about Agenda item F8, concerning fee waivers in association with Special Event Permit applicants. Mike Robbins, resident, reminded the residents that December 10, 2013 is the last day to pay Property Taxes. Mr. Robbins is not in favor of a proposed tax measure on the April 2014 ballot. David Herbst, representing the Chamber of Commerce, provided a proposal they feel is fair and presented the proposal via a slide for all to view. CITY COUNCIL COMMENTS — (Related to Public Communications) Mayor Fisher spoke concerning department wide expenditures that were cut to the bone, as well as salary compensation within the last 5 years. This in response to Mr. Robbins comments. Council Member Atkinson spoke concerning the salary and benefit compensations as well. The City and the employees have done their part and now we are asking the residents to do their part. 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) C. UNFINISHED BUSINESS 1. Consideration and possible action to direct staff to prepare the necessary documents to potentially place ballot measures on the April 2014 election to amend the City's tax codes for purposes of increasing the City's revenues, including but not limited to: potentially eliminating the sales tax credit granted to businesses and create a parking lot tax as part of the City's business license taxes ("BLT"); increasing the utility user tax ("UUT"); increasing the transient occupancy tax ("TOT"); and, imposing a UUT on the residents. (Fiscal Impact: Unknown) MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.4 Greg Carpenter, City Manager, gave a brief overview of what has transpired over the last few City Council meetings concerning the possibility of a ballot measure for tax increases to both businesses and residents. Council Discussion David Herbst, representing Chamber of Commerce, answered questions from the Council and explained their processes for coming up with their proposal. Council Discussion Council Consensus (4/1) to support the Chamber proposal outlined in the most recent letter from the Chamber of Commerce. Yes — Fisher, Jacobson, Fuentes, Fellhauer. No - Atkinson. Staff will bring back a proposal at a Special meeting, possibly as early as next week. Break at 9:07 PM Reconvened at 9:15 PM D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Discussion and possible action regarding the proposed fee modifications presented by the Recreation and Parks Fee Analysis Task Force. (Fiscal Impact: Estimated Increased Revenues of $200,000 to $250,000 Annually) Council Member Atkinson and Council Member Fellhauer, both members of the Task Force, discussed the Task Force and their proposal before the Council. Council Discussion Council Consensus (5/0) to support the Recreation and Parks Fee Analysis Task Force proposal. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.5 3. Approved Warrant Numbers 2595216 — 2595479 on Register No. 4 in the total amount of $1,295,550.63 and Wire Transfers from 10/24/2013 through 11/07/2013 in the total amount of$1,297,737.56. 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 November 19, 2013 and Special City Council Meeting Minutes of November 26, 2013. 5. Adopted Resolution No. 4855 approving Plans and Specifications for the FY 13- 14 Sidewalk, Curb and Gutter Replacement Project and authorized staff to advertise the project for receipt of construction bids. Project No. PW 13-22. (Fiscal Impact: $50,000.00) 6. Waived second reading and adopted Ordinance No. 1492 for a Specific Plan Amendment and an Amendment to a Development Agreement for the Corporate Campus Specific Plan in the Corporate Campus Specific Plan Project area at 710 North Nash Street. Applicant: CDC Mar Campus, LLC. (Fiscal Impact: None) 7. Authorized the City Manager, or designee, to record the Notice of Completion accepting completion of work for 26 homes related to the City's Residential Sound Insulation Program's Group 50 (Project No. RSI 13-04) and authorized the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion. (Final Contract Amount: $897,084.55) MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to approve Consent Agenda items 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 8. Discussion and possible action regarding future fee waivers in association with Special Event Permit applicants. (Fiscal Impact: To Be Determined) Greg Carpenter, City Manager, gave a brief overview of this item and stated staff is looking for direction from Council. Council Discussion MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.6 Council Consensus (5/0) to create a Task Force, Council Members Fuentes and Fellhauer, volunteered to be on the Task Force, approval of the February events (Little League Parade and Tasting Bee) and hold off on all other events until the Task Force meets and sets guidelines for future fee waivers in association with Special Event Permit applicants. G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY— None I. REPORTS — CITY CLERK 9. Consideration and possible action regarding Council Consensus to cancel the January 7, 2014 City Council Meeting. (Fiscal Impact: None) Council Discussion MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to cancel the January 7, 2014 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 J. REPORTS — CITY TREASURER— Go Eagles! K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer— None Council Member Atkinson — None Council Member Fuentes — attended the RSVP luncheon, mentioned that Thursday is the Tree Lighting Ceremony, Sunday is the Parade and Go Eagles in Ojai on Saturday for the CIF Championship game. Mayor Pro Tern Jacobson — None Mayor Fisher— Go Eagles! Amazing team and amazing coaches. 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.7 on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Mike Robbins, resident, once again discussed the pensions and benefits of the City's employees, including the Police Officers and Firefighters. Antonio Mendez, resident, stated he has been following the discussion of the possible tax measures, Mr. Mendez does not feel the public will understand. Jack Axelrod, resident, would like the council to prepare a resolution to ban fracking in all of California. Mr. Axelrod would like to do away with the invocation at the beginning of our meetings. Again, Mr. Axelrod would like us do away with the Loyalty Oath, close the Chevron refinery and discussed the redistribution of wealth. Does not feel that El Segundo is just about Economic Development, there is more to our town. Mayor Fisher responded to Mr. Mendez, he acknowledge that yes, it will be our battle to educate the public. MEMORIALS — None DJOURNMENT at 10:18 PM Tracy Wea4k, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 3,2013 PAGE NO.8