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2014 Dec 02 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2014, 2014 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 5:01 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. Mayor Fuentes announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 1 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):-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 Council recessed at 6:55 PM. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2014 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:04 PM INVOCATION — Rev. Dina Ferguson, St. Michael Episcopal Church PLEDGE OF ALLEGIANCE — Council Member Dugan PRESENTATIONS a) Proclamation read by Council Member Dugan and presented to Kevin Mortesen proclaiming the 1200 Block of East Acacia Avenue as Candy Cane Lane from December 13 — 23, 2014. b) Proclamation read by Mayor Fuentes and presented to Chamber Director Marsha Hanson proclaiming Sunday, December 14, 2014, as the 51 st Annual El Segundo Holiday Parade. 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. John Torres, representing Old Town Music Hall, spoke regarding removal of the loading zone in front of Old Town Music Hall on Richmond Street and requested it be reinstated. Angie Hogue spoke on the new parking design on Richmond Street and requested that it be returned to the prior configuration. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 3 Dr. Hogue spoke against the redesign of parking on Richmond Street. Auther Verg spoke against the redesign of parking on Richmond Street. James Maul, Old Town Music Hall volunteer, spoke against the redesign of parking on Richmond Street. Bill Field, Old Town Music Hall, spoke against the current configuration of parking on Richmond Street. 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- 1075 (determination of consistency with previously adopted Program /Project Final Environmental Impact Report); Development Agreement No. DA 14 -02 (Sixth Amendment to Development Agreement No. DA 03 -01) for the Plaza El Segundo Development site to allow up to two Health Clubs and Fitness Centers provided that no such use exceed 8,500 square feet and the combined square footage of both does not exceed in total 11,502 square feet of floor area; and Zone Text Amendment No. ZTA 14 -02 to increase the area of General Office uses permitted in the Commercial Center (C -4) Zone to 30,072 gross square feet. Applicant: Federal Realty Investment Trust — c/o Jeff Chambers. (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 -1075 (determination of consistency with previously adopted Program /Project Final Environmental Impact Report); Development Agreement No. DA 14 -02 (Sixth Amendment to Development Agreement No. DA 03 -01) for the Plaza El Segundo Development site to allow up to two Health Clubs and Fitness Centers provided that no such use exceed 8,500 square feet and the combined square footage of both does not MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 4 exceed in total 11,502 square feet of floor area; and Zone Text Amendment No. ZTA 14 -02 to increase the area of General Office uses permitted in the Commercial Center (C -4) Zone to 30,072 gross square feet. Applicant: Federal Realty Investment Trust — c/o Jeff Chambers. Deputy City Clerk Domann 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 and answered Council questions. 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 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1499 AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO. ZTA 14 -02 TO INCREASE THE PERMISSIBLE SQUARE FOOTAGE OF GENERAL OFFICE USES IN THE COMMERCIAL CENTER (C -4) ZONE; AND APPROVING DEVELOPMENT AGREEMENT NO. DA 14 -02 (SIXTH AMMENDMENT TO DEVELOPMENT AGREEMENT NO. 03 -01) TO INCREASE THE PERMISSIBLE SQUARE FOOTAGE OF HEALTH CLUBS AND FITNESS CENTER USES IN THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT. Council Member Fellhauer introduced the Ordinance. Second reading and adoption scheduled for December 16, 2014. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding Adoption of an Urgency Ordinance to approve an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the El Segundo City Council to cease contributions under Government Code Section 20516(a) (3% Employee Cost Sharing of Additional Benefits) applicable to El Segundo Firefighters' Association members per 2011 -14 MOU agreement. (Fiscal Impact: $174,388 for Fiscal Year 2014/15) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 5 Lisa Jenkins, Human Resources Manager, gave presentation and answered Council questions. Council Discussion Mark Hensley City Attorney read by title only: ORDINANCE NO. 1500 AN URGENCY ORDINANCE ADOPTED IN ACCORDANCE WITH GOVERNMENT CODE 36937(b) APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to adopt Urgency Ordinance No. 1500 which re- adopts original Urgency Ordinance No. 1498. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Dw 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. Approve Warrant Numbers 3003488 through 3003731 on Register No. 4 in the total amount of $1,882,119.03 and Wire Transfers from 11/03/2014 through 11/16/2014 in the total amount of $3,280,336.10. 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 Regular City Council Meeting Minutes of November 18, 2014. 5. Receive and file 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 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 6 (Fiscal Impact: $37,000.00) 7. Adopt Resolution No. 4898 approving the Revised El Segundo Sewer System Management Plan (SSMP). (Fiscal Impact: None) & Reject all bids and authorize staff to advertise a new Notice Inviting Sealed Bids for the project related to Project No. RSI 14 -24 (Group 66 of the City's Residential Sound Insulation Program). (Fiscal Impact: Estimated Construction costs; none at this time) 9. Waive minor irregularities in the bid from Big West Construction Corporation, award Contract No. 4720 to Big West Construction Corporation for project RSI 14 -25 (Group 67 of the City's Residential Sound Insulation Program) and authorize the City Manager to execute the contract in a form approved by the City Attorney. (Fiscal Impact: Not to exceed $988,383.00) 10. Waive minor irregularities in the bid from Big West Construction Corporation, award Contract No. 4721 to Big West Construction Corporation for project RSI 14 -26 (Group 68 of the City's Residential Sound Insulation Program) and authorize the City Manager to execute a contract in a form approved by the City Attorney. (Fiscal Impact: Not to exceed $496,100.00) MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to approve Consent Agenda items 3, 4, 5, 6 7, 8, 9, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Introduced Meredith Petit, Recreation and Parks Director, who gave an update on the Plunge water usage. H. REPORTS — CITY ATTORNEY - NONE I. REPORTS — CITY CLERK 11. Consideration and possible action regarding Council consensus to cancel the January 6, 2015 City Council Meeting. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 7 MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to cancel the January 6, 2015 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 J. REPORTS — CITY TREASURER 12. Presentation of new Investment Portfolio Report. (Fiscal Impact: None) Crista Binder, City Treasurer, and Dino Marsocci, Deputy City Treasurer II gave a presentation. Council consensus to receive and file Investment Portfolio Report. K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — NONE Council Member Atkinson — Spoke on the Tree Lighting in the Plaza at City Hall on Thursday December 4th. Council Member Dugan - NONE Mayor Pro Tern Jacobson — NONE Mayor Fuentes — Spoke on upcoming Holiday events. 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 — Bernard "Bernie" Bangasser former El Segundo Police Officer. ADJOURNMENT at 8:11 PM l Cathy Doman , Deputy City Clerk II MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2014 PAGE NO. 8