2014 Oct 07 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 7, 2014 — 5:00 PM
CLOSE SESSION CANCELLED
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
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 may move 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): -0- matter
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
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
PUBLIC EMPLOYEMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 1
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 7, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:00 PM
INVOCATION — Lee Carlile, Pastor, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Dugan
PRESENTATIONS
a. Introduced by Mayor Fuentes and presented by Recreation and Parks
Department Staff, recognizing the volunteers who provide community service
throughout the year. This is the City's Annual Volunteer Recognition Event.
b. Proclamation read by Council Member Fellhauer and presented to Chief Kevin
Smith for Fire Prevention Week, October 5 — October 11, 2014.
C. Presentation by Jacki Bacharach, Executive Director, on the Annual SBCCOG
Work Program. (South Bay Cities Council of Governments)
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.
Samantha Cano, Youth President of Tree Musketeers, announced the 2nd Annual Make
a Difference Day to be held on Saturday, October 25, 2014.
Mike Robbins, resident, commented on the Howard Jarvis Taxpayers Association and
commented on agenda item #18.
Jerry O'Ryan, resident, commented on the City's water bills and payment cycles.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 3
Scott Houston, resident, thanked the Council and for the Volunteer Event held this
evening.
Debra Geist, Manhattan Beach resident, commented on agenda item #5.
Council answered questions from Public Communications.
CITY COUNCIL COMMENTS — (Related to 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 (Public Hearing) regarding the introduction
and first reading of an Ordinance approving Environmental Assessment No.
EA -1076 and Zone Text Amendment No. 14 -03 to amend the El Segundo
Municipal Code ( "ESMC ") § §15 -1 -6, 15 -2 -7 and 15- 21 -6(B) to allow Architectural
Landscape Features; Architectural Building Features; unroofed patios and
decks; stairs, ramps, and safety guardrails to encroach into required setbacks in
the Urban Mixed -Use (MU -S) Zone and to amend the definition of Architectural
Landscape Features. Applicant: 2120 Park Place, LP, 2121 Park Place, LP, 800
Apollo, LP - c/o Patrick A. Perry.
(Fiscal Impact: None)
Mayor Fuentes stated this was the time and place for a Public Hearing regarding the
introduction and first reading of an Ordinance approving Environmental Assessment
No. EA -1076 and Zone Text Amendment No. 14 -03 to amend the El Segundo Municipal
Code ( "ESMC ") § §15 -1 -6, 15 -2 -7 and 15- 21 -6(B) to allow Architectural Landscape
Features; Architectural Building Features; unroofed patios and decks; stairs, ramps, and
safety guardrails to encroach into required setbacks in the Urban Mixed -Use (MU -S)
Zone and to amend the definition of Architectural Landscape Features.
(Fiscal Impact: None)
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.
Sam Lee, Planning and Building Safety Director, gave a presentation
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 4
Patrick A Perry, Applicant, gave a presentation,.
Toni Reina, representing Continental Development Corporation, stated CDC is in favor
of amending the Ordinance.
MOTION by Council Member Fellhauer, SECONDED by Mayor Tern Jacobson to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
Mark Hensley, City Attorney, ready by title only:
ORDINANCE NO. 1496
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-1-6,15-2-7,
AND 15 -21 -6 TO ALLOW ARCHITECTURAL LANDSCAPE FEATURES,
ARCHITECTURAL BUILDING FEATURES; UNROOFED PATIOS AND DECKS;
STAIRS; RAMPS; AND SAFETY GUARDRAILS TO ENCROACH INTO REQUIRED
SETBACKS IN THE URBAN MIXED -USE SOUTH (MU -S) ZONE; AND TO AMEND
THE DEFINITION OF ARCHITECTURAL LANDSCAPE FEATURES.
Council Member Fellhauer introduced the Ordinance.
Second reading and adoption scheduled for October 21, 2014.
C. UNFINISHED BUSINESS
2.. Consideration and possible action to amend El Segundo Municipal Code
( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, and 15 -8 -2 to add a definition of
"Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the
Light Industrial (M -1) Zone; to establish Emergency Shelter Development
Standards; and, to remove the managed production of resources on Agricultural
Lands as a permitted use in the Open Space (O -S) Zone. Applicant: City of El
Segundo.
(Fiscal Impact: None)
Kimberly Christensen, AICP, Planning Manager, gave a presentation
Council Member Fellhauer introduced the Ordinance,
Mark Hensley, City Attorney, ready by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 5
ORDINANCE NO. 1497
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § §15 -1 -6,
15-6A-2,15-6A-1 1, AND 15 -8 -2 TO ADD A DEFINITION OF "EMERGENCY
SHELTERS "; TO ALLOW EMERGENCY SHELTERS AS A PERMITTED USE IN THE
LIGHT INDUSTRIAL (M -1) ZONE; TO ESTABLISH DEVELOPMENT STANDARDS
FOR EMERGENCY SHELTERS; AND TO REMOVE THE MANAGED PRODUCTION
OF RESOURCES ON AGRICULTURAL LANDS AS A PERMTTED USE IN THE OPEN
SPACE (O -S) ZONE FOR THE PURPOSE OF COMPLYING WITH THE 2013 -2021
HOUSING ELEMENT OF THE EL SEGUNDO GENERAL PLAN.
(EA NO. 1066 and ZTA NO. 14 -02)
Second reading and adoption scheduled for October 21, 2014,
3. Consideration and possible action to receive and file this update regarding
the Potable Water Reservoir Feasibility Study recommendations and
provide additional direction to staff as needed.
(Fiscal Impact: None)
Stephanie Katsouleas, Public Works Director, gave a presentation
Council Discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to
receive and file this update regarding Potable Water Reservoir Feasibility Study
recommendations and provide additional direction to staff as needed. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
4. Consideration and possible action to approve a revised schedule for 1) mailing
out Proposition 218 protest ballots for proposed water and sewer rates, 2) setting
a Public Hearing to consider an ordinance for increasing water and sewer rates
and fees to December 9, 2014 to receive protest ballots and 3) approval of a
standard professional services agreement with Martin & Chapman Co. for
support and services for Proposition 218 balloting.
(Fiscal Impact: $60,000.00)
Stephanie Katsouleas, Public Works Director, spoke briefly on the item.
MOTION by Council Member Atkinson , SECONDED by Council Member Fellhauer to
approve a revised schedule for sending out Proposition 218 ballot protest for proposed
water and sewer rates, reschedule the previously approved November 18, 2014 Public
Hearing date to consider an ordinance for increasing water and sewer rates and fees to
a Special Meeting on December 10, 2014, and authorize the City Manager to execute a
standard professional services agreement, in form approved by the City Attorney, with
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 6
Martin & Chapman Co. to provide Proposition 218 support and services. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
5. Rescission of Brown Act Commitment - In Accordance with Government Code
Section 54960.2 (e), consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, not to hold further
closed session meetings regarding real property negotiations with regard to
ESCenterCal, LLC's (CenterCal ") proposal to enter into a Due Diligence and
Ground Lease Agreement ( "Agreement ") to lease the driving range portion of the
Lakes Golf Course from the City for the purpose of developing a Top Golf facility
(Fiscal Impact: unknown — depends on whether legal proceedings are
commenced.)
Mark Hensley, City Attorney, commented on the item.
Council Discussion
Greg Carpenter, City Manager and Mark Hensley, City Attorney answered Council
questions.
MOTION by Mayor Pro Tem Jacobson, SECONDED by Council Member Fellhauer to
delay the consideration of this item and to then give a further 30 day notice to Mrs. Geist
in the future that will follow close in time to the report that will be forthcoming from the
Golf Subcommittee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/1 YES:
FELLHAUER, FUENTES, JACOBSON, DUGAN NO: ATKINSON
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
6. Consideration and possible action to appoint a candidate(s) previously
interviewed on June 3, 2014 to the Economic Development Advisory Council
(EDAC).
(Fiscal Impact: None)
Council Discussion
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
appoint of John Healy to the Economic Development Advisory Council (EDAC).
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
OCTOBER 7, 2014
PAGE NO. 7
7. Approve Warrant Numbers 3002569 through 3002886 on Register No. 24 in the
total amount of $1,910,306.99 and Wire Transfers from 09/01/2014 through
09/28/2014 in the total amount of $4,224,639.80. 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.
8. PULLED BY CITY MANAGER, GREG CARPENTER
9. Receive and file this report regarding cleaning and repairing drywall and carpet
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)
10. Receive and file this 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)
11. Approve and adopt the South Bay Workforce Investment Board's (SBWIB)
proposed Amendment No. 6 to the Joint Powers Agreement No. 83 -100
approving the cities of Torrance and Lomita as member cities of the SBWIB.
(Fiscal Impact: None)
12. PULLED BY MAYOR FUENTES
13. Authorize the Police Department to replace the current Animal Control Ford F350
utility vehicle (Unit #4002) with a 2014 Ford F150 pick -up truck from National
Auto Fleet, purchase one slide -in animal control unit from Jones Trailer
Company, and purchase overhead emergency lighting equipment for the
proposed vehicle, using Equipment Replacement Funds.
(Fiscal Impact: $36,300.00)
14.. Adopt Resolution No. 4889 approving plans and specifications for installation of
fiber optic cable crossing Sepulveda Boulevard, Project No. PW 14 -08.
(Fiscal Impact: $312,263.00)
15. Approve the request for a new Alcoholic Beverage Control (ABC) License to
allow the on -site sale and consumption of beer, wine and distilled spirits (Type 47
State of California Alcoholic Beverage Control License) at a new restaurant (H
BAR Sip + Savor), and the sale of beer and wine for off -site consumption at an
existing market at 810 South Douglas Street (Hyatt House Hotel). Applicant:
Steve Rawlings (Fiscal Impact: N /A)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 8
16. Accept the work as complete and authorize the City Clerk to file a Notice of
Completion in the County Recorder's Office for Project No. PW 13 -20.
17, Approve Amendment No. 1 to the Water Service Agreement No. 2677 between
the City, Chevron Products Company and the West Basin Municipal Water
District with regard to extending the original Water Service Agreement which
provides for the City's charges for recycled water meters and a rate surcharge on
recycled water utilized at the Chevron Refinery.
(Fiscal Impact: rate surcharge results in approximately $2,919,362 revenues
projected for FY 2014/2015 to the City's Water Enterprise Fund)
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
approve Consent Agenda items 7, 9, 10, 11, 13, 14, 15, 16, and 17. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0 "Council Member Dugan did not vote on item #17
due to his ownership of stock in Chevron which is a possible conflict of interest"
PULLED ITEMS:
8. Regular City Council Meeting Minutes of September 2, 2014. Regular City
Council Meeting Minutes of September 16, 2014 and Special City Council
Meeting Minutes of September 24, 2014.
Council Discussion
MOTION by Mayor Fuentes, SECONDED by Mayor Pro Tern Jacobson to approve the
regular City Council Meeting Minutes of September 2, 2014, amended Regular City
Council Meeting Minutes of September 16, 2014 (approving items #5 -6 and #5 -7) and
Special City Council Meeting Minutes of September 24, 2014. MOTION PASSED BY
VOICE VOTE. 4/1 YES: DUGAN, FELLHAUER, FUENTES, JACOBSON. NO:
ATKINSON
12. Consideration and possible action to authorize the City Manager to execute a
fourth amendment to Agreement No. 4242, in a form approved by the City
Attorney, with Willdan Homeland Solutions to continue to provide professional,
technical, and consulting support for the City's Emergency Management
program, extend the term of the agreement to September 30, 2015 and modify
and increase the total amount of the Agreement to $60,530.00.
(Fiscal Impact: $60,530.00)
Council Discussion
Mayor Fuentes stated she would prefer a full time Emergency Manager. Council
directed staff to research and develop options for this position in the coming year,.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 9
MOTION by Mayor Fuentes, SECONDED by Mayor Pro Tern Jacobson to authorize the
City Manager to execute a fourth amendment to Agreement No. 4242, in a form
approved by the City Attorney, with Willdan Homeland Solutions to continue to provide
professional, technical, and consulting support for the City's Emergency Management
program, extend the term of the agreement to September 30, 2015 and modify and
increase the total amount of the Agreement to $60,530.00. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G, REPORTS — CITY MANAGER — Thanked Meredith Petit, Director of Recreation
and Parks, and her staff for the Annual Volunteer Recognition Event held this
evening.
H. REPORTS — CITY ATTORNEY - None
I. REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER - None
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Dugan — None (mentioned he is mourning the loss of California
baseball teams going to the World Series!)
Council Member Fellhauer —
18. Consideration and possible action to discuss benefits provided to members of the
City Council and whether such should be reduced or eliminated either voluntarily
or through formal action.
(Fiscal Impact: Varies based on options)
Martha Dijkstra, Human Resource Director, gave a presentation.
Council Discussion
MOTION by Council Member Fellhauer, SECONDED by Mayor Fuentes to receive and
file this report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
Council Member Atkinson — Commended the Council and Council Member Fellhauer for
bringing item #18 to the public's attention and thanked all the City volunteers for all they
do for our City.
Mayor Pro Tern Jacobson — None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 10
Mayor Fuentes — Attended the opening of the Torrance Memorial Lundquist Tower,
attended the Urban Land Institute Case Study, attended the United Methodist Church
100th Year Anniversary event, thanked the volunteers, attended the Southern California
AQMD meeting for the City selection meeting, stated tomorrow is the El Segundo
Chamber of Commerce event, "Salute to the Military" and Mayor Fuentes mentioned
she is having trouble with email.
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, commented on agenda item #18 and #2.
MEMORIALS — None
ADJOURNMENT at 9:48 PM
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Tracy WeavoV, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 7, 2014
PAGE NO. 11