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2013 Nov 19 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 — 5:00 PM 5:00 P.M. SESSION The 5:00 PM meeting was adjourned to 7:00 PM due to a lack of quorum, ROLL CALL Mayor Fisher - Absent Mayor Pro Tern Jacobson - Absent Council Member Fuentes - Absent Council Member Atkinson - Absent Council Member Fellhauer - Absent 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) -1- matter 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. 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 1 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 November 5, 2013 PAGE NO.2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fisher at 7:01 PM INVOCATION — Tracy Weaver, City Clerk PLEDGE OF ALLEGIANCE — Council Member Fellhauer PRESENTATIONS Presentation by Megan Berry, Director of Business Development, Muscular Dystrophy Association, Inc. with Fill the Boot Campaign results. This year the El Segundo Fire Fighters raised $15,700.00. Proclamation read by Mayor Fisher in commemoration of the 150th Anniversary of the Gettysburg Address. 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. Antonio Mendez, resident, spoke on the Business Friendliest City Award, mentioned the City's web site is not up to date on posted minutes and spoke about citizen's still not being in the know on our community events. David Herbst, representing the Chamber, spoke against the possible advisory tax measure for the school district. Janice Cruikshank, resident, spoke concerning the tax measure issues the Council is considering. Ron Swanson, resident and business owner, believes that not only businesses be considered for tax increases, but the resident's as well. MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 3 Mark Neumann, Manhattan Beach resident, is in favor of raising the hotel tax in the City of El Segundo. Mr. Newman mentioned El Segundo has one of the lowest hotel tax rates and there is no reason we shouldn't raise the tax. CITY COUNCIL COMMENTS — (Related to Public Communications) Council Member Atkinson — thanked those who spoke positively concerning taxing the residents, as well as the businesses. Clerk Weaver stated that the minutes were not up to date on the City's web site are due to switching over to our new document imaging system. Mayor Fisher spoke concerning the Business Friendliest Award and let the speaker know the City is working on items to promote the City of El Segundo. 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) Consideration and possible action to open a public hearing and receive testimony regarding an update to the Corporate Campus Specific Plan. If approved, the Project would: 1) approve an Addendum to the Final EIR (FEIR); 2) amend the existing Corporate Campus Specific Plan; 3) subdivide 23.87 acres of the Corporate Campus Specific Plan area into 32 lots; 4) amend the Development Agreement for the 2002 "Original Project "; and 5) approve a 625,205 square -foot development project (the "Revised Project ") on 23.87 acres that will include office uses and retail /restaurant uses that will be developed in 3 Phases. The Revised Project is comprised of 625,205 square feet and the 304,820 square feet of existing development will total 930,025 square feet of development within the 46.5 acre Corporate Campus project area. Applicant: CDC Mar Campus, LLC. (Fiscal Impact: None) Mayor Fisher stated this was the time and place to conduct a Public Hearing, receive public testimony regarding an update to the Corporate Campus Specific Plan. Clerk Weaver stated that proper notice had been done and no communication was received. Mayor Fisher opened the Public Hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 4 Louis Morales, Planning Consultant, gave a presentation. Bill Messori, Mar Ventures, gave a presentation. Mayor Fisher opened the Public Hearing. Antonio Mendez, resident, asked if solar, Wi -Fi and fiber optics will be available. MOTION by Council Member Fellhauer, Seconded by Council Member Atkinson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Discussion Bill Messori, Mar Ventures, answered questions. Mark Hensley, City Attorney, read by titles only: RESOLUTION NO. 4852 A RESOLUTION APPROVING AN ADDENDUM TO A FINAL ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. EA -1021; AND APPROVING SUBDIVISION NO. SUB 13 -05 (VESTING TENTATIVE MAP NO. 72287), AND MODIFICATIONS TO CONDITIONS OF APPROVAL FOR THE CORPORATE CAMPUS DEVELOPMENT PROJECT (REDUCED TRAFFIC GENERATION AND REDUCED SCALE ATERNATIVE). MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Resolution No. 4852. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ORDINANCE NO.1442 AN ORDINANCE APPROVING CORPORATE CAMPUS SPECIFIC PLAN AMENDMENT NO. SP 13 -02; AND DEVELOPMENT AGREEMENT NO. DA 13 -01 (FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA 01 -01) FOR THE CORPORATE CAMPUS DEVELOPMENT. Council Member Fuentes introduced Ordinance No. 1442 Scheduled second reading and adoption of Ordinance No. 1442 for December 3, 2011 MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 5 C. UNFINISHED BUSINESS 2. 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. Additionally, direct staff as to whether to prepare an advisory ballot measure that would reflect whether or not the voters believe a portion of any proposed tax increase should be provided to the El Segundo Unified School District. (Fiscal Impact: $250,000.00) Greg Carpenter, City Manager, gave a presentation. Council Discussion David Herbst, representing the Chamber, stated the dialogue from Council contains enough information to take back to the Chamber members. Council Consensus to move forward and determine what the tax increases should be for each item and consult with the local businesses on their thoughts. Consensus from Council is not to include an advisory measure for ESUSD. A Special meeting will be held next week to decide the specific numbers and measures. 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 2595011 — 2595215 on Register No. 3 in the total amount of $1,524,077.58 and Wire Transfers from 10/10/2013 through 10/24/2013 in the total amount of $837,528.46). 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 5, 2011 MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 6 5. Accepted and authorized the City Clerk to file a Notice of Completion in the County Recorder's Office for the Mariposa Avenue Storm Drain Project. PW No.: 12 -06. (Fiscal Impact: $135,227.21) 6. Waived the bidding process per El Segundo Municipal Code §1 -7 -10 and authorized the purchase of four (4) dual band portable radios, chargers, and accessory equipment. (Fiscal Impact: $33,800.00) 7. Adopted Resolution No. 4853 approving Plans and Specifications for the Trenchless Sewer Improvement. Project No. PW 13 -23. (Fiscal Impact: $250,000.00) 8. Directed staff to carry out various activities in preparation for the potential name change of Sepulveda Blvd. to Pacific Coast Highway in the City of El Segundo. (Fiscal Impact: None) 9. Waived the bidding process and authorized the City Manager to purchase three hybrid vehicles overdue for replacement for use by the Public Works and Fire Departments. Authorized the City Manager to execute an agreement, in a form approved by the City Attorney, to purchase three (3) Honda Civic hybrid vehicles overdue for replacement for use by the Public Works and Fire Departments; using equipment replacement and Air Quality Management District (AQMD) funds (Fiscal Impact: $83,200.00) 10. PULLED BY COUNCIL MEMBER FELLHAUER 11. Adopted Resolution No. 4854 approving Plans and Specifications for the Water Plant Carpet Removal and Replacement Project, located at 400 Lomita Street in the City of El Segundo. Project No. PW 13 -21. (Fiscal Impact: To Be Determined) 12. Awarded an extension to The Jones Payne Group (JPG) for its Contract No. 3991 for Design and Testing Services related to the Residential Sound Insulation (RSI) Program. Fiscal Impact: None) MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Consent Agenda items 3, 4, 5, 6, 7, 8, 9, 11, and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 7 PULLED ITEM 10. Consideration and possible action to amend a contract with Siemens Industry, Incorporated for HVAC control services and automation performed citywide. (Fiscal Impact: $211,870.00 over five years, $39,907.00 initially with a 3% annual escalation) MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to authorize the City Manager to execute a contract amendment with Siemens Industry, Incorporated for HVAC control services and automation performed citywide for a 5 -year service contract. F. NEW BUSINESS 13. Consideration and possible action to authorize the Director of Library Services to co- author a historical photo book of the City of El Segundo with Arcadia Publishing, Inc., to be titled: Images of America: El Segundo; and, to be completed before the 100th Anniversary of the City by January 2017. (Fiscal Impact: In -Kind contribution by the Library Director) Debra Brighton, Director of Library Services, spoke concerning the potential historical photo book. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to authorize the Director of Library Services to co- author a historical photo book of the City of El Segundo with Arcadia Publishing, Inc. Contract No. 3516, to be titled: Images of America: El Segundo; and, to be completed before the 100th Anniversary of the City by January 2017. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action to adopt policy changes to the City's Residential Sound Insulation (RSI) Program regarding the discontinuation of the "Owner Upgrade" aspect of the program. (Fiscal Impact: None) Moved to the December 3, 2013 City Council Meeting. REPORTS — CITY MANAGER- Thanked all the residents who attended the Public Outreach meetings and wished everyone a Happy Thanksgiving. REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None REPORTS — CITY TREASURER - None REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 8 Council Member Fellhauer — Attended Make a Difference Day, commended Greg Carpenter and staff for a job well done on the Public Outreach meetings, attended the ESMoA Elvis event at the Old Town Music Hall and attended the Universal Peace Federation dinner and introduced Sherriff Baca at the event. Happy Thanksgiving to all, Council Member Atkinson — Feels people aren't aware of our gems, such as the Old Town Music Hall and the Automobile Driving Museum, stated that once the measures are decided, the City should consider holding town hall meetings in order to educate the public on the measures. Wished everyone a Happy Thanksgiving Day. Council Member Fuentes — Attended Chevron Community Day, attended the EDDY awards, mentioned this week in history as the week President Kennedy was killed and wished everyone a blessed Happy Thanksgiving Day. Mayor Pro Tern Jacobson — Attended the EDDY Awards and attended the Los Angeles County Sanitation District 5 and SBC meeting. Mayor Fisher — Thanked ESMoA for their work, please stop by when you have a chance. Thanked the LAEDC for their insightful work and Happy Thanksgiving to all. 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. Ron Swanson, resident and business owner, in favor of increased UUT for businesses and residents. Mr. Swanson agrees with Council Member Atkinson that the measures should be together on the ballot. Wished everyone a Happy Thanksgiving Antonio Mendez, resident, great job on the Outreach, however, Mr. Mendez is concerned with the number of citizen's that attended the Public Outreach meetings and asked the Council if the residential UUT would it apply to all of the citizen's utility bills? Happy Thanksgiving to all. Mike Robbins, resident, wished everyone a Happy Hanukah and explained why the holiday is early this year, spoke about his concerns for raising taxes and feels the surveys were misguided for the residents. MEMORIAL — Honorable Harold E. Hofmann ADJOURNMENT at 9:44 PM Tra y ity Cler MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 9 MINUTES OF THE REGULAR CITY COUNCIL MEETING November 5, 2013 PAGE NO. 10