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2015 Jan 20 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 20, 2015 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER - Mayor Fuentes at 5:00 PM ROLL CALL Mayor Fuentes - Mayor Pro Tern Jacobson - Council Member Atkinson - Council Member Fellhauer - Council Member Dugan - Present Present Present (via teleconferencing) Present 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): -3- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2. Penuelas vs. City of El Segundo, LASC Case No. BC55698 3. Hooper vs. City of El Segundo, LASC Case No. BC 540995 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 JANUARY 20, 2015 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 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 JANUARY 20, 2015 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 20, 2015 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:03 PM INVOCATION — John Svendsen, Pastor, First Baptist Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson PRESENTATIONS a) Marsha Hansen, Chamber of Commerce President, announced the 2014 Holiday Parade Winners. ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action to 1) conduct a public hearing related to the Proposition 218 majority protest process relative to proposed rate increases to the City's water rates and sewer rates for FY 2014/15- 2018/19 and 2) introduction of an ordinance setting the new rates if it is determined that no majority protests exist. (Fiscal Impact: Undetermined — Dependent on the results of Proposition 218 Protest Ballot Measure) Mayor Fuentes stated this was the time and place for a Public Hearing related to the Proposition 218 majority protest process relative to proposed rate increases to the City's water rates and sewer rates for FY 2014/15- 2018/19 and 2) introduction of an ordinance setting the new rates if it is determined that no majority protests exist. City Clerk Weaver stated that proper notice had been given in a timely manner and that written communication has been received in the City Clerk's office and council was copied. Mayor Fuentes opened the Public Hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 3 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 Gutt, resident, spoke concerning item #F12, Top Golf and the potential RFP. William H Yarroll II, Founder and President of the Got Kids? charity, spoke concerning the possibility of El Segundo serving as a host city for the 2015 Special Olympics World Games. Laurence Martin, resident, backed up Mr. Yarroll and would also like the City to serve as a host city for the 2015 Special Olympics World Games. Ron Prechard, is also in support of the 2015 Special Olympics World Games and El Segundo acting as a host city. Loretta Frye, resident, concerned that her PRA request was not fulfilled and unhappy with the City in general. Rupesh Bhakta, CenterCal properties, spoke concerning the Top Golf RFP and stated his company would pay for the balance of the analysis if needed. Liz Garnholz, resident, questioned the amount of time the City is legally responsible to answer a PRA request. CITY COUNCIL COMMENTS — (Related to Public Communications) Council answered questions pertaining to Public Communications. F. NEW BUSINESS (Moved per Mayor Fuentes) — Move up in the Agenda 12. Consideration and possible action to select a consulting firm to conduct work as described in Request for Proposals #14 -31, Financial Analysis and Comparison of The Lakes at El Segundo Golf Course and the TopGolf Development Proposal. (Fiscal Impact: $15,970 - $30,000, authorized fiscal impact will be reduced by a pledged donation of $10,000.00) Meredith Petit, Director of Recreation and Parks, gave a brief presentation and answered Council questions. Greg Carpenter, City Manager, answered Council questions. Council Discussion MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 4 An informal consensus was taken as to whether to accept funds from CenterCal to balance out the fees for selected consulting firm in conjunction with RFP #14 -31. Dugan: No, Fellhauer: Yes, Fuentes: No, Jacobson: No, Atkinson: Yes MOTION by Council Member Dugan, SECONDED by Council Member Jacobson to select Pro Forma Advisors, LLC consulting firm to conduct work as a result of RFP #14- 31 and authorize the City Manager to execute a Professional Services Agreement number 4781 in a form approved by the City Attorney with the Pro Forma Advisors, LLC firm and the City will pay the additional costs for this firm. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/2 Yes: Dugan, Fuentes, Jacobson No: Fellhauer, Atkinson Council Member Atkinson left the meeting at 8:08 PM Counting of protest ballots for Prop 218 is not complete at this time, therefore, Council moved on to other items. 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. 4/0. (Council Member Atkinson has left the meeting) B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) — ITEM MOVED - Consideration and possible action to 1) conduct a public hearing related to the Proposition 218 majority protest process relative to proposed rate increases to the City's water rates and sewer rates for FY 2014/15- 2018/19 and 2) introduction of an ordinance setting the new rates if it is determined that no majority protests exist. (Fiscal Impact: Undetermined — Dependent on the results of Proposition 218 Protest Ballot Measure) 2, Consideration and possible action regarding (Public Hearing) the proposed project and budget for the 2015 -16 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2015 -2016 is approximately $52,861. Additionally, $11,401 in unspent prior year CDBG Program funds are available for reprogramming for a total available CDBG allocation of approximately $64,262. (Fiscal Impact: $64,262.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 5 Mayor Fuentes stated this was the time and place for a Public Hearing related the proposed project and budget for the 2015 -16 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2015 -2016 is approximately $52,861. Additionally, $11,401 in unspent prior year CDBG Program funds are available for reprogramming for a total available CDBG allocation of approximately $64,262. 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. Tina Gall, CDBG representative, spoke on the item. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Council Discussion MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to adopt the new 2015 -2016 CDBG project and budget and authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC). MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Counting of protest ballots for Prop 218 is not complete at this time, therefore, Council moved on to other items. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action to open the recruitment process for the positions on the Committees, Commissions and Boards ( "CCBs ") that expire in the year 2015. (Fiscal Impact: None) Council Consensus directed staff to open the recruitment process for the positions on the Committees, Commissions and Boards ( "CCBs ") that expire in the year 2015. 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 JANUARY 20, 2015 PAGE NO. 6 4, Approve Warrant Numbers 3003931 through 3004133 on Register No. 6 in the total amount of $1,259,667.99 and Wire Transfers from 12/1/2014 through 12/14/2014 in the total amount of $4,007,868.90 and approve Warrant Numbers 3004134 through 3004313 on Register No. 7 in the total amount of 1,028,926.21 and Wire Transfers from 12/15/2014 through 1/4/2015 in the total amount of $1,067,691.13. 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. 5. Approve Regular City Council Meeting Minutes of December 16, 2014, Special City Council Meeting Minutes of December 22, 2014 and Special City Council Minutes of January 6, 2015. 6. PULLED BY MAYOR FUENTES 7. Receive and file this report regarding emergency work to repair dwelling units at the Park Vista Senior Housing Facility due to water intrusion 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: $50,000.00) 8. Authorize the City Manager to enter into a three year contract number 4780 with P.C. Mall Gov. for Cisco SmartNet support and maintenance at a cost not to exceed $68,400 (three years of $22,800). (Fiscal Impact: $68,400.00) 9. Approve a new Class Specification for the at -will position of Senior Civil Engineer, adoption of Resolution No. 4829 establishing the basic monthly salary range for Senior Civil Engineer and introduce and waive the first reading of Ordinance No. 1503 amending El Segundo Municipal Code § 1 -6 -4 regarding Employment Exclusions from Civil Service. (Fiscal Impact: $324,312.00) 10. Authorize the City Clerk to file the City Manager, or designee's, Notice of Completion accepting completion of work for twenty -nine (29) homes related to Project RSI 14 -03 (the City's Residential Sound Insulation Program's Group 53), (Fiscal Impact: Final Contract Amount - $1,054,647.76) 11. Authorize the City Clerk to file the City Manager, or designee's, Notice of Completion accepting completion of work for twenty -seven (27) homes related to Project RSI 14 -04 (the City's Residential Sound Insulation Program's Group 54). (Fiscal Impact: Final Contract Amount - $591,337.15) MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 7 MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to approve Consent Agenda items 4, 5, 7, 8, 9, 10 and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Item Pulled: 6. Consideration and possible action to lease acre -ft. of ground water pumping rights for two years to Golden State Water Company. (Fiscal Impact: $133,420.00 revenue to the Water Enterprise Fund) MOTION by Mayor Fuentes, SECONDED by Council Member Fellhauer to authorize the City Manager to execute a two year lease agreement number 4799 with Golden State Water Company to lease 953 acre -ft. of ground water pumping rights. F. NEW BUSINESS — MOVED UP IN THE AGENDA B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) — CONTINUED Item #1 Continued Stephanie Katsouleas, Public Works Director, gave a presentation and answered Council questions. Public Comments: Loretta Frye, resident, had questions concerning the water vs. sewer to protest ballots and amounts received. Ms. Frye is concerned she was denied her right as a citizen to protest publicly Prop 218 due to the fact she did not receive answers to her PRA request. Mike Robbins, resident, raised numerous questions concerning Prop 218 protest. Mr. Robbins is against raising water and sewer rates. Cynthia Legget, resident, believes that Chevron should pay higher taxes to provide ample funds for the Community's needs and is concerned that she was denied her right to protest the fee rates. Rose Wilson, resident, spoke concerning Prop 218 protest and the water bill with all the added fees. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Mona Shilling, acting Deputy City Clerk II, gave an update on the process and answered Council questions. City Attorney, Mark Hensley, Stephanie Katsouleas, Public Works Director and Council answered questions from the Public Hearing. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 8 Council Discussion Mona Shilling left the Chamber to continuing counting the protest ballots in the City Clerk's office. G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY — None REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER — Not present K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — None Council Member Atkinson — Not present Council Member Dugan - None Mayor Pro Tern Jacobson — None Mayor Fuentes — Wished everyone a Happy New Year. Recessed at 8:53 PM Back in session at 9:19 PM B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) — CONTINUED Item #1 Continued Mark Hensley, City Attorney, gave Council various options as how to proceed with this item. Council consensus to stay and wait until the protest ballots are counted. Recess at 9:23 PM until 10:15 PM Back in session at 10:04 PM Item #1 Continued MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 9 Mark Hensley, City Attorney, stated the total number of protest ballots returned for sewer /wastewater is 1988 and 1984 protest ballots were received for water. Mr. Hensley stated the majority protest number needed is 2646, neither count meets this required number. Mark Hensley, City Attorney, gave Council various options as how to proceed with this item. Council discussed options for adopting Mark Hensley, City Attorney, read by title only: RESOLUTION NO: 4828 A RESOLUTION DECLARING THE RESULTS OF THE PROCEEDINGS FOR ADOPTING WATER CHARGES IN ACCORDANCE WITH ARTICLE XIIIO OF THE CALIFORNIA CONSTITUTION MOTION by Council Member Dugan, SECONDED by Council Member Fellhauer to adopt Resolution No. 4828 assuming all protest ballots were valid and no duplicates were received, the number of ballots received does not represent the majority of property owners eligible to protest, therefore, the Council may adopt the proposed water and wastewater fees. The final count, not including duplicate or invalid ballots, are as follows; 1988 wastewater and 1984 water. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Council Member Fellhauer introduced the Ordinance Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1501 AN ORDINANCE SETTING THE AMOUNT OF WATER AND SEWER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNCIPAL CODE § 11 -1 -5 Mark Hensley, City Attorney, made a correction, stating the word Chevron was left off of the recycled water surcharge rate on Exhibit A, page 28. Council Member Dugan will not be able to attend the February 3, 2015 City Council meeting. The second reading of Ordinance No. 1501 will continue to the February 3, 2015 City Council meeting. If not enough City Council members are in attendance, the item may be moved to the second meeting in February. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 10 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, spoke concerning ongoing employee negotiations, mainly concerned with Police and Fire Union contracts. Rose Wilson, resident, spoke concerning Prop 218 and thanked Council Member Fellhauer and Mayor Pro Tern Jacobson for asking if at any time the Council could reduce the proposed fees for water and sewer during the next 5 years. MEMORIALS — Brian Kutil ADJOURNMENT at 10:20 PM Tr ver,City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 20, 2015 PAGE NO. 11