2015 May 05 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 5, 2015 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern 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)
None
Assistant City Attorney Berger announced that Council would be meeting in closed
session pursuant to the items listed on the Agenda. The Assistant City Attorney also
announced that the two matters listed as significant exposure to litigation were claims
filed by Mary M. Kobus and Gordon C. Cheng and Jean Cheng Olds.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code §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
§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- matters
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Costigan vs. City of El Segundo, LASC Case No. BC556980
3. Penuelas vs. City of El Segundo, LASC Case No. BC523072
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-2- matter.
Claim No. 05-15 filed 4-8-15 by Mary M. Kobus
Claim No. 05-20 filed 4-15-15 by Gordon C. Cheng and Jean Cheng Olds
Initiation of litigation pursuant to Government Code §54956.9(d)(4): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (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
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 5, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:00 PM
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Daniel Chavez, El Segundo Boy Scout
a) Proclamation read by Council Member Fellhauer and presented to Fire Chief
Kevin Smith proclaiming May 9, 2015 as El Segundo Fire Service Day.
b) Proclamation read by Council Member Atkinson and presented to Stephanie
Katsouleas, Public Works Director, proclaiming May 17-23, 2015 as National
Public Works Week.
c) Proclamation read by Mayor Fuentes and presented to Janice Cruikshank, El
Segundo's 2015 El Segundo Older American of the Year, proclaiming May 2015
as National Older American Month. Elderfest Celebration Day will be held
Saturday, May 8, 2015.
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)
Elyse Beardsley, resident and SBWIB representative, gave an update on the SBWIB.
(South Bay Workforce Investment Board)
CITY COUNCIL COMMENTS — (Related to Public Communications)
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Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
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MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
E. CONSENT AGENDA (Moved up in the Agenda due to the TopGolf discussion.
(Items C2 and D3)).
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.
4. Approve Warrant Numbers 3005624 through 3005863 on Register No. 14 in the
total amount of $1,735,873.25 and Wire Transfers from 4/6/2015 through
4/19/2015 in the total amount of $2,834,531.85. 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 Special City Council Meeting Minutes of April 14, 2015, Special City
Council Meeting Minutes of April 21, 2015 and Regular City Council Meeting
Minutes of April 21, 2015.
6. Authorize the City Clerk to file Notice of Completion in the County Recorder's
office for acceptance of work completed for the Elevated Tank Restoration and
Reservoir Maintenance Project; El Segundo's elevated tank and two potable
water reservoirs. Project No. PW 13-07.
(Fiscal Impact: $859,868.25)
7. Authorize the City Manager to execute an amendment, in a form approved by the
City Attorney, to amend ground-lease agreements with New Cingular Wireless
PCS, LLC (d.b.a. AT&T Wireless) Amendment No. 3028C, Los Angeles SMSA
(d.b.a. Verizon Wireless) Amendment No. 4017A and Sprint PCS Assets, LLC
Amendment No. 3368A for the purposes of expanding and relocating cell tower
equipment within the Water Yard located at 400 Lomita Street.
(Fiscal Impact: Additional lease revenues, to be determined)
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9. Approve revisions to the Recreation and Parks Department's Athletic
Field/Facility Use and Allocation Policy.
(Fiscal Impact: None)
10. 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)
11. Approve a request for the expansion of on-site sale and consumption of alcohol
(Type 47 ABC License) for a new restaurant (Sausal) at 215 Main Street.
Applicant: Catherine Ann Conness.
(Fiscal Impact: N/A)
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
approve Consent Agenda items 4, 5, 6, 7, 9 (as amended; adding recommended
council action: Authorize the City Attorney to make technical, non-substantive changes,
to reconcile the Policy with El Segundo Municipal Code Chapter 9.8), 10, and 11.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
8. Consideration and possible action to 1) accept donations of materials and labor
from El Segundo resident Daniel Chavez to improve and enhance areas of Camp
Eucalyptus for his Boy Scout Eagle Project; 2) adopt a resolution to approve the
plans for the project; 3) authorize the City Manager to execute a contract with
Daniel Chavez's parents or guardian in a form approved by the City Attorney.
(Fiscal Impact: Donation to the City of materials and labor valued at $600.00)
Daniel Chavez, Eagle Scout candidate, briefly spoke concerning the project.
Council Discussion
MOTION by Mayor Fuentes, SECONDED by Mayor Pro Tern Jacobson to accept the
donation of materials and labor from El Segundo resident Daniel Chavez to improve and
enhance areas at Camp Eucalyptus for his Boy Scout Eagle Project, adopt Resolution
No. 4914 to approve the plans for the project and authorize the City Manager to execute
contract no. 4849 with Daniel Chavers parent or guardian in a form approved by the
City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
1. Consideration and possible action to conduct a Public Hearing regarding a
capital outlay request not to exceed $30,000 from the Citizens Option for Public
Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account
for the purchase of a Police Canine and related equipment and training
expenses. The grant requires that expenditures be utilized to supplement "front
line law enforcement."
(Fiscal Impact: $30,000.00 from COPS grant fund)
Mayor Fuentes stated this was the time and place for a Public Hearing regarding a
capital outlay request not to exceed $30,000 from the Citizens Option for Public Safety
(COPS) Supplemental Law Enforcement Services Fund (SLESF) account for the
purchase of a Police Canine and related equipment and training expenses. The grant
requires that expenditures be utilized to supplement "front line law enforcement."
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City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had not been received in the City Clerk's office.
Mayor Fuentes opened the Public Hearing.
Greg Carpenter, City Manager, introduced and presented the item.
Mayor Fuentes opened the Public Hearing for Public input.
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
Karl H. Berger, Assistant City Attorney, read by title only:
•
A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS
OPTION FOR PUBLIC SAFETY (COPS) PROGRAM.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
adopt Resolution No. 4915. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. UNFINISHED BUSINESS
2. Presentation regarding the "Financial Analysis and Comparison of The Lakes
at El Segundo Golf Course and the TopGolf Proposal" (prepared by Pro Forma
Advisors, LLC — "Report"), discussion and possible action regarding providing
direction to staff about proceeding with a request for proposals regarding
operation of the Lakes, preparing a revised agreement with TopGolf and
CenterCal, or taking other possible action.
(Fiscal Impact: None)
City Manager, Greg Carpenter, introduced and gave a brief history on the both items,
C2 and D3.
Gene Krekorian, Pro Forma Advisors LLC, gave a presentation regarding the "Financial
Analysis and Comparison of The Lakes at El Segundo Golf Course and the TopGolf
Proposal".
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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3. Presentation, discussion and possible action regarding the status of The Lakes
Vision Committee and the results of their recent community outreach and
engagement.
(Fiscal Impact: None)
Meredith Petit, Recreation and Parks Director, gave a presentation
Recess at 8:20 PM
Reconvened at 8:31 PM
PUBLIC COMMUNICATIONS — (Related to Items C2 and 133) — 3 minute limit per
person, 30 minute limit total)
Randy Starr, COO & Chief Development Officer - TopGolf, spoke on behalf of TopGolf
and the increased proposal to the City due the company's growth. Mr. Starr updated
the residents on the company's recent growth.
Elyse Beardsley, Chamber President and resident, in favor of Top Golf.
Julie Quinin, resident, in favor of TopGolf.
Claudia Salberg, resident, not in favor of TopGolf.
Ryan Quinin, resident, in favor of TopGolf.
Mike Dunkel, Redondo Beach resident, in favor of a RFP process recommended by
The Lakes Vision Committee.
Arie David, Manhattan Beach resident, not in favor of TopGolf.
Drew Boyles, El Segundo EDAC Member, stated the EDAC Council is in favor of
TopGolf.
Edward Apodaca, Courtyard by Marriott LAX-El Segundo Manager, in favor of TopGolf
and its concept.
Wes Eisner, resident, not in favor of TopGolf.
Lewis Ross, resident, in favor of a RFP process recommended by The Lakes Vision
Committee.
Debra Geist, Manhattan Beach resident, not in favor of TopGolf.
Nate Chittick, resident, in favor of TopGolf.
Alex Abad, resident, in favor of TopGolf.
Robin Wood, resident, in favor of TopGolf.
Tony Hobbs, resident, in favor of TopGolf.
Lance Rails, resident, in favor of TopGolf.
April Moreno Ford, Manhattan Beach resident, not in favor of TopGolf.
Chris Kirk, Redondo Beach resident, not in favor of TopGolf.
Cherlean Conklin, non-resident and President of the Foxy Lady's Golf Club at the
Lakes at El Segundo, asked what TopGolf will do for Senior Citizen golfers.
Heidi Bremner, resident, in favor of the RFP process recommended by The Lakes
Vision Committee.
Gregory Spinner, Manhattan Beach resident, in favor of the RFP process
recommended by The Lakes Vision Committee.
Douglass Huggins, Hermosa Beach resident, not in favor of TopGolf.
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Ron Swanson, resident, in favor of TopGolf.
Rupesh Bhakta, CenterCal Properties, LLC, thanked the Council for their patience
during the process with TopGolf and assured the Council a golf course architect will be
hired to maximize the value of The Lakes Golf Course.
Richard Lundquist, President Continental Development Corporation (CDC) and El
Segundo Development Advisory Council (EDAC) member, in favor of TopGolf.
Mike Robbins, resident, gave a bit of history on The Lakes and is not in favor of
TopGolf.
John Gutt, resident, in favor of the RFP process recommended by The Lakes Vision
Committee.
Ryan Baldino, resident, in favor of TopGolf.
Council Member Atkinson read a letter written by Shorewood Realtors in favor of
TopGolf.
Council Member Fellhauer read a letter written by Margie Randall, El Segundo resident,
in favor of TopGolf.
Council Member Fellhauer read a letter by Mike Keller, El Segundo resident, in favor of
TopGolf.
Council discussion
Randy Starr, COO & Chief Development Officer — TopGolf, answered Council
questions.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson,
directing the City Attorney's office to provide thirty day notice to Debra Geist under the
Brown Act (Government Code § 54960.2) that Council intends to meet to consider
rescinding its commitment to not have further closed session meeting regarding the
Agreement for purposes of holding discussions in closed session to discuss different
lease payments or terms of payments under the Agreement. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson, to
move forward with negotiations with TopGolf/CenterCal Properties addressing concerns
and issues with the current contract and directed staff to begin preliminary negotiations
with TopGolf/CenterCal Properties in the event Council decides within the next 30 days
to rescind the Closed Session agreement and enter into Closed Session to begin
negotiations with TopGolf/CenterCal Properties in order to provide the Council with up
to date information for said negotiations. MOTION PASSED BY VOICE VOTE. 4/1
YES: ATKINSON, FELLHAUER, JACOBSON; NO: DUGAN. FOLLOWING THE
VOICE VOTE, MAYOR FUENTES,AMENDED HER VOTE TO "NO," FOR A FINAL
VOTE OF 3/2. YES: ATKINSON, FELLHAUER, JACOBSON; NO: DUGAN, FUENTES.
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F. NEW BUSINESS
G. REPORTS — CITY MANAGER — Thanked the Rotary for recognizing our Police
and Fire Departments and this year Damien Voss of our Public Works
Department.
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 — Thanked everyone for attending and giving input tonight
Council Member Dugan — Thanked Gene Krekorian, Pro Forma Advisors LLC and
Meredith Petit, Recreation and Parks Director, for putting together the presentations for
this evening and promised to address The Lakes Vision Committee's concerns in the
contract negotiations with TopGolf/CenterCal Properties.
Mayor Pro Tern Jacobson —
12. Consideration and possible action to support Mayor Pro Tern Jacobson's
position to oppose AB 45 that intends to impose new program requirements
on local jurisdictions for the collection of household hazardous waste (HHW).
(Fiscal Impact: None)
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
support Mayor Pro Tern Jacobson's position to oppose AB 45 that intends to impose
new program requirements on local jurisdictions for the collection of household
hazardous waste (HHW). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Attended the Friendship Circle with Mayor Fuentes and Council Member Atkinson.
Mayor Fuentes — Announced AB 306, which is supported by our Council, passed the
Assembly Education Committee and mentioned Congressman Ted Lieu sent a letter to
the FAA in support of our RSI (Residential Sound Installation) program.
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PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) The Council will respond to comments after Public
Communications is closed.
Mike Robbins, resident, concerned with missing MP4 files on the City's website and
mentioned he would like to see the PowerPoint presentations from Council Meetings,
approved contract logs on the City's website. Mentioned Measure A and the City's Fire
and Police Department salaries and benefits.
Council commented on Public Communications.
MEMORIALS — None
ADJOURNMENT at 11:04 P
c3&ix "
Tra�y We6ker, City Clerk
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