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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 FWA5011 -51F.M M*14102IT11 2 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) Z! Z [00] A fill 1010 a -kyj [0] 19 [Q 1 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. 3 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) all 4 4:4 82 0-ya kyl •511211114HIM 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." N 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 6 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. 7 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. 8 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. 0 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 10