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2014 Mar 18 - CC MIN REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2014 — 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: Mayor Fisher announced that Council would be meeting in closed session pursuant to 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3) -3- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2. Springfield vs. City of El Segundo, et.al. LASC Case No. YC067789 3. Flickenger vs. City of El Segundo, WCAB Case No. ADJ8627969 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO. 1 Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Cede §54Q571: -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8- matters Agency Designated Representative: City Manager Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; City Employees Association; Executive Management Group (Unrepresented Group); Management/Confidential Group (Unrepresented Group) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2014 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER— Mayor Fisher at 7:02 PM INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS - None 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. Elyse Rothstein, South Bay Workforce Investment Board Representative, gave her quarterly report. Gail Church, Executive Director of Tree Musketeers, thanked the Council for waiving the fees for Arbor Day and gave a brief report of the day. Carlos Donahue, Race Director for the Run for Education, spoke concerning waiving the fees for this year's Run for Education and asked the Council to waive the fees. Liz Garnholz, resident, shared her concerns about item #2 under Unfinished Business, Top Golf and the reduced work force at the City. Jane Friedkin, resident, spoke concerning "wants vs. needs" of the City and would like the Council to consider this when making decisions. Peggy Tyrell, resident, asked what the income is from the Parking Structure on the corner of Main Street and Richmond Street. Mike Robbins, resident, shared his concerns about Top Golf, property taxes, employee wages and raises. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.3 CITY COUNCIL COMMENTS — (Related to Public Communications) %.oui cil and City �ariagcr Carpel iter anjvv I%-,U %J r 2L1%Jn� po oin g +n Di lklir+ Communications. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson 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. Approval of an amended Due Diligence and Ground Lease Agreement to include a "shared principles" document and Reimbursement Agreement with ES CenterCal, LLC ("ES CenterCal") to lease the driving range portion of The Lakes Golf Course for the purpose of developing a TopGolf facility consisting of a driving range, restaurant, bar and lounge and event facilities. (Fiscal Impact: $425,000 annual ground lease with 10% increases compounded each five years; Reimbursement Agreement to be funded by a $367,500 Developer Reimbursed Trust Fund) Mark Hensley, City Attorney, presented the agenda item, giving an outline of the amendment, lease agreement, which included the "shared principles" document and reimbursement agreement with CenterCal, LLC for developing the TopGolf facility. Council Discussion MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve an amended Due Diligence and Ground Lease Agreement No. 4574 to include a "shared principles" document and Reimbursement Agreement 4574A with ES CenterCal, LLC ("ES CenterCal") to lease the driving range portion of The Lakes Golf Course for the purpose of developing a TopGolf facility consisting of a driving range, restaurant, bar and lounge and event facilities. MOTION PASSED BY A VOICE VOTE. 4/1. Yes: Atkinson, Fellhauer, Fisher and Fuentes. No: Jacobson MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.4 2. Consideration and possible action to: 1) receive and file this report on alternative parking concept designs for Richmond Street, Standard Street and Grand Ave., and 2) provide preliminary direction to staff related to preferred alternatives and implementation plans for the 100-400 blocks of Richmond St. and Standard St. and the east 100 block of Grand Ave; 3) direct staff to begin process of undertaking California Environmental Quality Act ("CEQA") review of the alternatives. (Fiscal Impact: To Be Determined) Greg Carpenter, City Manager, presented the item and asked to discuss items 2 and 3 concurrently, as they both deal with downtown paring. Mark Hensley, City Attorney, stated Mayor Pro Tern Jacobson would need to leave the dais when Standard Street is discussed due to a potential conflict. Dave Wagner, Planning Commission Chairperson, spoke on behalf of the Commission concerning the Parking In-Lieu Fee Program, parking issues in downtown El Segundo and the Commissions suggestions. Stephanie Katsouleas, Public Works Director, introduced Charlie Schwinger of KOA Corporation who presented a series of parking alternatives for Richmond Street and Standard Street. Stephanie Katsouleas, Public Works Director, presented staffs recommendation for the parking situation on Richmond Street, answered Council's questions and asked for Council's direction for moving forward. Council Discussion Council Consensus directed staff to finalize the Alternative 4A design for Richmond Street. Directed staff to conduct Public Outreach, work on a final plan and bring back to Council at a later date with a report including comments from the Public Outreach and for an approval implementing the final design as part of the slurry program. Mayor Pro Tern Jacobson left the dais for Standard Street, Grand Avenue and Main Street discussion at 8:55 PM due to a potential conflict. Consensus from Council to direct staff to work on a final plan to extend the parking on Grand Ave. with closing the drive through to the alley between the 200 block of Main and the 200 block of Standard Street. Mayor Pro Tern Jacobson not participating due to a potential conflict. Mayor Pro Tern Jacobson returned to the dais at 9:00 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.5 MOTION by Council Member Fellhauer, SECONDED by Council Member Fuentes to receive and file the report on alternative parking concept designs for Richmond Street, and direct staff to 'Degin process UI undertaking California Environmental l"ua iL�i 1-% L ("CEQA") review of the alternatives. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Planning Commission communication regarding the Downtown Specific Plan (DSP) Parking In-Lieu Fee Program and how the Program may have negatively affected parking being conveniently located near businesses. (Fiscal Impact: N/A) Council discussed this item concurrently with Item #2. No action taken. 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. 4. Warrant Numbers 2596842 - 2597038 on Register No. 11 in the total amount of $691,372.90 and Wire Transfers from 02/15/2014 through 02/28/2014 in the total amount of $941,250.74. 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. 5. Approved Regular City Council Meeting Minutes of March 4, 2014 and approved Special Meeting Minutes of March 10, 2014 6. Accepted City Wide Fiber Optics Project as complete and authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. Project No. PW 13-04. (Fiscal Impact: $236,544.27) 7. Authorized the appropriation of existing designated funds accrued in prior fiscal years to purchase computer hardware, software and peripherals for use at City facilities in an amount not to exceed $230,600.00. (Fiscal Impact: $230.600.00) 8. Approved Contract Amendment No. 4480A to increase the budget for DownStream Services, Inc. for pump station on-call and emergency repair services in the 2013-14 Fiscal Year. Project No. PW13-12 (Fiscal Impact: $40,000.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.6 9. Awarded Contract No. 4570 to Big West Construction Corporation for construction at 26 homes related to Project No. RSI 14-01 (Group 51 of the City's Residential Sound Insulation Program) and authorized the City Manager to execute a contract in a form approved by the City Attorney. (Fiscal Impact: Estimated construction costs and retention $1,286,947.00) 10.PULLED BY GREG CARPENTER, CITY MANAGER MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Consent Agenda items 4, 5, 6, 7, 8, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEM: 10. Consideration and possible action regarding a request from the El Segundo PTA Council to waive fees for the use of City resources and staff time associated with their Run for Education event on April 26, 2014. (Fiscal Impact: 13,040.32) Greg Carpenter, City Manager, presented the Agenda item, Council Discussion Carlos Donahue, Race Director of the Run for Education, answered questions. Mitch Tavera, Police Chief, answered Council questions. MOTION by Council Member Atkinson, SECONDED by Council Member Fuentes to approve a request from the El Segundo PTA Council to waive fees for the use of City resources and staff time (Police and Public Works) associated with their Run for Education event on April 26, 2014. In an amount not to exceed $7151.12. MOTION PASSED BY A VOICE VOTE. 4/1 Yes: Atkinson, Fisher, Fuentes and Jacobson. No: Fellhauer F. NEW BUSINESS G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY - None I. REPORTS — CITY CLERK — Reminded the residents that March 24, 2014 is the last day to register to vote and April 1, 2014 is the last day the Clerk's office can accept requests for a Vote By Mail Ballot. Clerk Weaver stated that she would not be at the April 1, 2014 Council Meeting because she is chaperoning the award winning ESHS choir to Nashville, TN. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.7 J. REPORTS — CITY TREASURER - None 1/ PYrI"1/%P f UP` COUNCIL R A 11 nrrin r\. REPO c I J — lol I T l�Vljl`VLA IVIEI�DCYC.7 Council Member Fellhauer— None Council Member Atkinson — None Council Member Fuentes — Attended the LA Jobs Defense Council's meeting via teleconferencing with speaker Andreas Mueller, Chief Military Federal Policy Liaison to the California Military Department, on budget impacted defense. Attended the Santa Monica Bay Restoration Commission meeting. Mayor Pro Tern Jacobson — Covered the Metro Transit Board Meeting. Mayor Fisher—Also attended the LA Jobs Defense Council's meeting via teleconferencing. 1. Consideration and possible action to support the Advanced Manufacturing Partnership for Southern California ("AMP SoCal") response to the 2014 Investing in Manufacturing Communities Partnership (IMCP) notice. (Fiscal Impact: None) MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to approve the letter of support for the Advanced Manufacturing Partnership for Southern California ("AMP SoCal"). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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, expressed his concerns about the Chamber of Commerce and Measure A, TopGolf and City employee raises over the years. Peggy Tyrell, resident, spoke on the condition of the Council Chamber accommodations. Jane Friedkin, resident, expressed her concerns over accuracy from the dais and is disappointed about decisions made by the Council. Antonio Mendez, resident, enjoyed the meeting this evening. Mr. Mendez spoke about LAEDC's longevity and gave a bit of history about the LAEDC. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.8 Liz Garnholz, resident, spoke again on the TopGolf subject, thanked the Council for answering questions and answered the question, "why not run for office". Ms. Garnholz stated she does not have the temperament to hold a seat on the Council. Council answered questions pertaining to Public Communications. MEMORIALS — Gary Daniel Ganibi and Julia Abreu ADJOURNMENT at 10:07 Trac W Ui Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18,2014 PAGE NO.9