2014 Aug 05 - CC MIN REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 5, 2014 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 PM
ROLL CALL
Mayor Fuentes - Present
Mayor Pro Tem Jacobson - Present
Council Member Atkinson - Present
Council Member Fellhauer - Present
Council Member Dugan - 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 Fuentes 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): -1- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
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
AUGUST 5,2014
PAGE NO. 1
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter (Request
for unpaid leave pursuant to El Segundo Municipal Code Chapter 1-6-20)
1. Position/Title: Administrative Specialist
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYEMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
1. 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)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:55 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO.2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 5, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER— Mayor Fuentes at 7:00 PM
INVOCATION — Martin Hudson, Hill Top Community Church
PLEDGE OF ALLEGIANCE — Council Member Dugan
PRESENTATIONS
a. Commendation read by Mayor Fuentes and presented to Luc Robitaille,
President of business operations, recognizing the Los Angeles King's for winning
the Stanley Cup Championship.
ROLL CALL
Mayor Fuentes - Present
Mayor Pro Tern Jacobson - Present
Council Member Atkinson - Present
Council Member Fellhauer - Present
Council Member Dugan - 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.
Liz Garnholz, resident, commented on Agenda item #C2 (Top Golf).
Jane Friedkin, resident, urges the Council to provide a balanced budget without taxing
the Senior Citizens and residents.
Dr. Antonio Mendez, resident, commented on the OpenGov portion of our City's
Website. Dr. Mendez would like the site clarified for the users.
Claudia Salberg, resident, commented on Top Golf.
Kendra Walther, resident, commented on the Library and Crossing Guards partnership
with the City and ESUSD. Ms. Walther is mainly concerned about the Crossing Guards
and the safety of the children.
Ron Swanson, resident, commented on the Top Golf item. Mr. Swanson encouraged
the Council to move forward with the project.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO.3
Al Keahi, resident, stated EDAC will be launching their new advertising campaign which
will lift and enhance the brand image of El Segundo. As for the Top Golf project, Mr.
Keahi asked the Council if EDAC could serve as a forum to vet the process and
eventually mediate for the Council in order to make an informed vote.
Rupesh Bhakta, CenterCal Properties, LLC, gave an update on the Top Golf project.
Andrew Walther, resident, commented on the Library and Crossing Guards partnership
with the City and ESUSD.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council answered questions asked during the public communications.
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)
1. Consideration and possible action to open a Public Hearing, consider testimony,
and adopt a Resolution finding that the City conforms with the annual Congestion
Management Program (CMP) and adopting the annual CMP Local Development
Report, in accordance with California Government Code § 65089.
(Fiscal Impact: None).
Mayor Fuentes stated this was the time and place to conduct a public hearing and adopt
a resolution finding that the City conforms with the annual Congestion Management
Program (CMP) and adopting the annual CMP Local Development Report, in
accordance with California Government Code § 65089.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
Mayor Fuentes opened the Public Hearing,
Kimberly Christensen, AICP, Planning Manager gave a presentation.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
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PAGE NO.4
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4879
A RESOLUTION FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE § 65089.
MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to
adopt Resolution No. 4879. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
2. Update and possible action on the ESCenterCal LLC (CenterCal") proposal to
enter into a Due Diligence and Ground Lease Agreement ("Agreement") to lease
the driving range portion of the Lakes Golf Course for the purpose of developing
a Top Golf facility. CenterCal has not executed the Agreement approved by the
Council at its March 18, 2014 meeting and staff is requesting Council direction
regarding how to proceed regarding the Lakes Golf Course.
(Fiscal Impact: none associated with this agenda item)
Greg Carpenter, City Manager, gave a brief update,
Mark Hensley, City Attorney, briefed the Council on the current situation and explained
the process for taking this item back to closed session.
Council Discussion
MOTION by Council Member Dugan, SECONDED by Council Member Fellhauer
directing staff not to finalize or sign an executed version of a contract from ESCenterCal
LLC to lease the driving range portion of the Lakes Golf Course for the propose of
developing a Top Golf facility. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
Provide thirty (30) day notice to Debra Geist under the Brown Act (Government Code
Section 54960.2) that Council could possibly hold a closed session meeting regarding
the Agreement with ESCenterCal LLC for purpose of discussion on different lease
payments or terms of payment under the Agreement. MOTION PASSED BY VOICE
VOTE. 4/1 YES: FELLHAUER, FUENTES, JACOBSON AND ATKINSON. NO:
DUGAN.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO.5
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. Approve Warrant Numbers 3001653 through 3001895 on Register No. 20 in the
total amount of$1,076,036.97 and Wire Transfers from 06/30/2014 through
07/13/2014 in the total amount of$4,431,603.54. 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. Approve Special City Council Meeting Minutes (Strategic Planning Session) of
June 26, 2014, Special City Council Meeting Minutes (Closed Session) of July
21, 2014 and Special City Council Meeting Minutes (Closed Session) of July 22,
2014.
5. Receive and file the report regarding the emergency repair to remove debris in
the attic space of City Hall without the need for bidding in accordance with Public
Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code
("ESMC")§ 1-7-12 and 1-7A-4.
(Fiscal Impact: $82,354.00)
6. Receive and file the update report and approve a Maintenance Contract No.
4663, in a form approved by the City Attorney, with A & V Contractors, Inc. to
perform remediation cleaning and repairs in City Hall as well as restoring
furniture in the north portion of City Hall without the need for bidding in
accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo
Municipal Code ("ESMC") §§ 1-7-12 and 1-7A-4.
(Fiscal Impact: $37,000.00)
7. PULLED BY STAFF
8. Accept as complete the Installation of American with Disabilities Act (ADA)
Sidewalk Ramp Project, Community Development Block Grant (CDBG) Project
601608-13, Project No. PW 13-14, and authorize the City Clerk to file a Notice of
Completion in the County Recorder's Office.
(Fiscal Impact: $42,500.00 in CDBG grant funds)
9. PULLED BY MAYOR FUENTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO.6
10.Approve a budget appropriation of up to $396,000.00 to provide planning and
environmental review services for the Smoky Hollow Specific Plan Update
Project and authorize the City Manager to execute a Professional Service
Agreement No. 4664 with MIG, Inc. for environmental review services, in a form
approved by the City Attorney, not to exceed $396,000.00
(Fiscal Impact: up to $396,000.00 (from the General Plan Maintenance Fund)).
11.Adopt Resolution No. 4881 authorizing the 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)
MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to
approve the amended Consent Agenda items 3, 4, 5, 6, 8, 10 and 11. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0. "Mayor Pro Tern Abstained from voting
on item #10 due to a conflict of interest. Therefore, the item passed with a 4/0 voice
vote.
PULLED ITEMS:
9. Consideration and possible action regarding adoption of a Resolution appointing
City Council Member Mike Dugan, Director of Finance Deborah Cullen, and
Fiscal Service Manager Angelina Garcia, or designee to serve as board member,
alternate board member, and substitute alternate board member on the
Independent Cities Risk Management Association (ICRMA) governing board.
(Fiscal Impact: none)
Council Discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Atkinson to
adopt Resolution No. 4880. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
F. NEW BUSINESS
12.A Status Report on the City's Residential Sound Insulation (RSI) Program and
consideration and possible action to add a Construction Coordinator to the staff
of the City's Residential Sound Insulation (RSI) Program.
(Fiscal Impact: $120,000 annually, but no fiscal impact to the General Fund)
James O'Neill, Program Manager, gave a presentation and answered Council
questions.
Council Discussion
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO. 7
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to
approve the hiring of a Construction Coordinator to the staff of the City's Residential
Sound Insulation (RSI) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE,
5/0.
G. REPORTS — CITY MANAGER - None
H. REPORTS — CITY ATTORNEY - None
I. REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER - None
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer— None
Council Member Atkinson — None
Council Member Dugan - None
Mayor Pro Tern Jacobson — None
Mayor Fuentes —Attended the Movie in Park event, mentioned this weekend Broadway
in the Park will be held, this Sunday is the last Concert in the Park and attended
SBCOG in Sacramento last week as an advocate for the Southern California Regional
Occupational Center (SCROC).
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.
None
MEMORIALS — Lee Goodglick
ADJOURNMENT at 8:52 PM
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5,2014
PAGE NO.8