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2013 Apr 02 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, April 2, 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 5:00 PM ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - 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 Jacobson 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(a) -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(b): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 1 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 Recessed at 6:55 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NCB, REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, April 2, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 7:06 PM INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS a) Proclamation read by Council Member Fellhauer for "Sexual Assault Awareness Month" ROLL CALL Mayor Jacobson - Present Mayor Pro Tem Fuentes - Present Council Member Fisher - 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. Dr. Tony Mendez — Presented several questions to the Council on various subjects. 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 Council Member Atkinson to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to open the Public Hearing and receive public testimony concerning adopting a Resolution approving the fee increases for Golf Course and Driving Range at The Lakes at El Segundo as recommended by the Golf Course Subcommittee and Recreation and Parks Commission and authorize the City Manager to execute an amendment to Agreement No. 3399, in a from approved by the City Attorney, between the City and Lane Donovan Golf Partners to reduce management fees by 12 %. (Fiscal Impact: Estimated Annual Revenue Increase of $125,000.00 to Golf Course Enterprise Fund; Annual Cost Savings of $12,000.00) Mayor Jacobson stated this was the time and place for a public hearing, receive testimony; and 1) receive a presentation by Lane Donovan Golf Partners that identifies efficiencies and new sources of revenues for The Lakes at El Segundo; 2) Adopt Resolution No. 4814 approving the proposed fee increases for The Lakes at El Segundo; and 3) authorize the City Manager to execute an amendment to Agreement No. 3399 to reduce annual management fees by $12,000.00 in a form approved by the City Attorney. Clerk Weaver stated that proper noticing was done and the Clerk's office had received one written communication and Council was copied. Bob Cummings, Park and Recreation Director, introduced Lane Donovan Golf Partners. Mike Donovan and Danny Lane of Lane Donovan Golf Partners gave a presentation on The Lakes at El Segundo. Mayor Jacobson opened Hearing to the Public. Mike Dunkel, resident of Redondo Beach, spoke in favor of maintaining The Lakes at El Segundo and in opposition of Top Golf. Michael Clebanoff, resident of Redondo Beach, spoke in favor of maintaining The Lakes at El Segundo, presented an online petition and comments from patrons of The Lakes to Council. Craig Kessler, Director of Governmental Matter of Affairs for the Southern California Golf Association, spoke in favor of the Lane Donovan proposal. Tom Courtney, Manhattan Beach resident and El Segundo Business owner, spoke in favor of the Lane Donovan proposal and in opposition of Top Golf. Brandon Cohen, South Bay resident, spoke on behalf of The Lakes at El Segundo as a safe environment. John Gutt, El Segundo resident, spoke in favor of the Lane Donovan proposal. MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Fuentes, to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 4 Mark Hensley, City Attorney, read by title only. RESOLUTION NO. 4814 A RESOLUTION INCREASING GOLF FEES FOR THE LAKES AT EL SEGUNDO GOLF COURSE. MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher to adopt the Resolution No. 4814 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Fellhauer, Council Member Fisher to authorize the City Manager to execute an amendment to Agreement No. 3399. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 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. 2. Approved Warrant Numbers 2591729 to 2591930 on Register No. 12 in the total amount of $1,372,161.33 and Wire Transfers from 2/28/13 through 3/14/13i n the total amount of $2,708,129.50. 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. 3. Approved Regular City Council Meeting Minutes of March 19, 2013. 4. Adopted Resolution No. 4815 approving Plans and Specifications for the Park Vista Senior Housing and City Hall Roof Repairs. Project No. PW 13 -05. (Fiscal Impact: To Be Determined) 5, Awarded a standard Public Works Contract No. 4408 in a form approved by the City Attorney with Federal Technology Solutions, Inc. for citywide fiber optic installation in the amount of $251,625.02 and immediately issue Change Order #1 to reduce the contract by $27,788.94 for a project total of $223,836.08. Project No. PW 13 -04 (Fiscal Impact: $223,836.08) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 5 6, Adopted Resolution No. 4816 approving Plans and Specifications for the Maple Ave. Street Improvements Project. Project No. PW12 -09 (Fiscal Impact: $2,500,000.00 grant reimbursement) 7. PULLED FOR DISCUSSION BY MAYOR JACOBSON 8. Adopted Resolution No. 4817 approving Plans and Specifications for the installation of soccer field netting at Campus El Segundo Athletic Field. Project No. PW 13 -06 (Fiscal Impact: $10,000.00) 9. PULLED FOR DISCUSSION BY MAYOR JACOBSON MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Consent Agenda items 1, 2, 3, 4, 5, 6, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED AGENDA ITEMS 7. Consideration and possible action to accept as complete the Replacement of Sanitary Sewer Mains at various locations within the Smoky Hollow Specific Plan area and Maple Ave., between Lairport St. and Nash St. within the City of El Segundo. Project No. PW 11 -09 (Fiscal Impact: $1,216,370.00) Mayor Jacobson expressed his concerns with the contractor for this project. MOTION by Mayor Jacobson, SECONDED by Council Member Atkinson to accept the work as complete and authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Consideration and possible action regarding the second reading and adoption of Ordinance No. 1478 to amend El Segundo Municipal Code ( "ESMC ") Title 8 ( "Vehicles and Traffic), Chapter 5, to exempt Council approved carsharing programs from specified parking time limits and approve a Resolution and agreement, subject to approval by the City Attorney's office, that provides for 19car2go" to operate a carsharing program in the City and receive parking permits pursuant to the proposed amendment to ESMC Title 8 if adopted by the Council. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 6 MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson for the second reading by title only, adoption of Ordinance No. 1478 amending El Segundo Municipal Code ( "ESMC ") Title 8 ( "Vehicles and Traffic "), Chapter 5 to exempt Council approved carsharing programs from specified parking time limits and approve Resolution No. 4818 approving car2go to be eligible for parking permits, and authorize the City Manager to execute Agreement No. 4409 with car2go. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FUENTES, FISHER, ATKINSON, FELLHAUER; NOS: JACOBSON. 4/1 F. NEW BUSINESS 10. Consideration and possible action to approve implementation of provisions called for in the new Storm Water National Pollutant Discharge Elimination System ( NPDES) Permit issued by the CA Regional Water Quality Control Board. (Fiscal Impact: To Be Determined) Stephanie Katsouleas, Public Works Director, gave a presentation. Council Discussion. MOTION by Council Member Fisher, SECONDED by Council Member Fellhauer, to approve staff's recommendations for implementing the provisions called for in the new Storm Water NPDES permit. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Commented on the Top Golf comments. Mr. Carpenter wanted the public to know that city employees as well as a Council Member have visited the Top Golf facility in Wood Dale, IL and he stated that the City does understand the numbers and operations of this facility. H, REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Spoke regarding an email commending the El Segundo Police Department. Council Member Atkinson — Thanked the public for coming to the meeting and expressing their concerns. Commented on the email commending the El Segundo Police Department. Council Member Fisher — None MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE N0. 7 Mayor Pro Tern Fuentes — Commented on the Mayor's Good Friday breakfast and thanked all the supporters. Fuentes attended the Run for Education event. Stated that along with Council Member Fellhauer, they would be attending the Women's Club 90th Anniversary event and presenting a Proclamation to the Club. 11. Consideration and possible action to adopt a Resolution supporting passage of SB 135, the creation of a statewide earthquake early warning system in California. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fisher to adopt Resolution No. 4819. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Jacobson — Thanked everyone for attending the Good Friday Breakfast and thanked all for attending the Run for Education. 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. MEMORIALS — None ADJOURNMENT at 8:52 PM Tra g er ty ClerL —," MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 2, 2013 PAGE NO. 8