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2015 Aug 04 - CC MIN REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 4, 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) SPECIAL ORDER OF BUSINESS: Mayor Fuentes announced that Council would continue to interview for the Committees, Commissions and Boards. Once interviews are commenced, Council would be meeting in closed session pursuant to the items listed on the Agenda. 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) (1): -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. BC523072 3. O'Leary v. City of El Segundo WCB/EAMS Nos. ADJ8702179 and 918053 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2): -1- matter. Initiation of litigation pursuant to Government Code §54956.9 (d) (4): -4- matters. 1 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 Adjourned at 6:55 PM 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 4, 2015 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:01 PM INVOCATION — Father Roberts, St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Fellhauer PRESENTATIONS a, Commendation presented by Mayor Fuentes to United States Air Force Staff Sergeant Chris Soegono for his selfless efforts and heroic action that saved the life of a victim in immediate need of medical assistance. 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) Melissa Kaminska, resident, not in favor of making salary cuts to the Fire and Police Departments. Cathy Adkins, resident, not in favor of making salary cuts to the Fire and Police Departments. Cameron Brown, resident, supports item C5, pertaining to the installation of a bike lane on Rosecrans Avenue, between Sepulveda Blvd and Highland Avenue. Mark Kericho, resident, not in favor of making salary cuts to the Fire and Police Departments. Henry Stuart, resident, not in favor of making salary cuts to the Fire and Police Departments. Mike Don, El Segundo Business owner, supports item C5, pertaining to the installation of a bike lane on Rosecrans Avenue, between Sepulveda Blvd and Highland Avenue. Donna Scaltrito, resident, not in favor of making salary cuts to the Fire and Police Departments. Vince Giangrande, resident, not in favor of making salary cuts to the Fire and Police Departments. Andy Powell, President El Segundo Fire Fighter Association and a member of the El Segundo Coalition of Labor Association, spoke concerning the ongoing labor negotiations. 3 Brandon Browning, President El Segundo Police Officers Association, spoke concerning the ongoing labor negotiations. Marc Rener, resident, commented on the recent campaign by the members of the El Segundo Coalition of Labor Association, ES Fire Fighter Association and the ES Police Officer Association. Jeff Gerny, Vice President El Segundo Fire Fighter Association and El Segundo native, spoke concerning the ongoing labor negotiations. Mrs. Wilson, resident, praised the 4th of July Event and especially thanked the Recreation and Parks Department for a job well done. CITY COUNCIL COMMENTS — (Related to Public Communications) Mayor Fuentes stated that negotiation offers and counteroffers would be posted to the City's Website by close of business day on Wednesday, August 5, 2015. 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 Atkinson 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 to conduct a Public Hearing regarding operating and capital outlay requests of $100,000 from existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures be utilized to supplement "front line law enforcement." Front line law enforcement includes funding special enforcement details, and purchasing equipment. (Fiscal Impact: $100,000 from COPS grant fund) Mayor Fuentes stated this was the time and place for a Public Hearing regarding operating and capital outlay requests of $100,000 from existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. 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. Greg Carpenter, City Manager, introduced the item. Mitch Tavera, Chief of Police, gave a presentation. 4 Mayor Fuentes opened the Public Hearing. Marc Rener, resident, spoke in support of the item. Mayor Fuentes closed the Public Hearing Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4925 A RESOLUTION PROVIDING FORT 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. 4925. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action to open a Public Hearing, consider testimony, and adopt a Resolution finding that the City conforms with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. (Fiscal Impact: None) Mayor Fuentes stated this was the time and place for a Public Hearing regarding the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code § 65089. 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. Greg Carpenter, City Manager, introduced the item. Kimberly Christensen, AICP, Planning Manager, gave a presentation. Mayor Fuentes opened the Public Hearing. Mayor Fuentes closed the Public Hearing. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4926 A RESOLUTION FINDING THE CITY OF EL SEGUNDO, CALIFORNIA TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE § 65089. 5 MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to adopt Resolution No. 4926 and adopt the annual CMP Local Development Report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS OPENED ITEMS C3 AND C4 CONSECTIVELY 3. [CONTINUED ITEM #C1 FROM JULY 21, 2015 CITY COUNCIL MEETING] Rescission of Brown Act Commitment - In Accordance with Government Code Section 54960.2 (e), consideration and possible action to rescind the commitment made by the City Council on November 5, 2013, not to hold further closed session meetings regarding real property negotiations with regard to ESCenterCal, LLC's ("CenterCal") proposal to enter into a Due Diligence and Ground Lease Agreement ("Agreement") to lease the driving range portion of the Lakes Golf Course from the City for the purpose of developing a Top Golf facility,. (Fiscal Impact: unknown — depends on whether legal proceedings are commenced.) Council consensus to continue item C3 to the regular meeting on August 18, 2015. 4. Consideration and possible action regarding receiving an update with respect to the City's negotiations with CenterCal and Top Golf regarding the draft Due Diligence Lease Agreement that provides for the leasing of the driving range at the Lake's Golf Course to CenterCal and Top Golf for purposes of operating a Top Golf facility and the reconstruction of the golf course. (Fiscal Impact: None) Mark Hensley, City Attorney, presented the Council an update on the Due Diligence and Ground Lease Agreement for item C4. The item will be brought back to the August 18, 2015 City Council Meeting. Council Discussion Mark Hensley, City Attorney, answered and clarified questions from Council, 5. Consideration and possible action to: 1) approve installation of a Class II bike lane on Rosecrans Ave. between Sepulveda Blvd. and Highland Ave, 2) enter into a Cooperative Agreement No. 4891 with Manhattan Beach for construction of the new bike path and 3) approve an Easement Agreement No. 4892 with Chevron for use of its property for the bike path. (Fiscal Impact: None.) Greg Carpenter, City Manager, introduced the item. Stephanie Katsouleas, Public Works Director, gave a presentation and answered questions. 6 MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve the installation of a Class II bike lane on Rosecrans Ave. between Sepulveda Blvd. and Highland Ave, authorize the City Manager to sign an Cooperative Agreement with the City of Manhattan Beach, in a form approved by the City Attorney, for construction of the new bike path and authorize the City Manager to sign an Easement Agreement, in a form approved by the City Attorney, with Chevron for use of its property for the bike path. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 6, Consideration and possible action to announce the appointments to the Planning Commission, Recreation and Parks Commission, Library Board of Trustees. (Fiscal Impact: None) Mayor Fuentes announced the appointment of Carol Wingate to the Planning Commission for a full term expiring June 30, 2019, the appointment of Lee Davis to the Recreation and Parks Commission for a full term expiring May 30, 2019, and appointment of David Jonta to the Library Board of Trustees for a full term expiring June 30, 2018. 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. 7. Approve Warrant Numbers 3006896 through 3007104 on Register No. 20 in the total amount of $726,219.12 and Wire Transfers from 7/6/2015 through 7/12/2015 in the total amount of $2,848,535.29. 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. 8, Approve Regular City Council Meeting Minutes of July 21, 2015. 9. Adopt Resolution No. 4927 approving Plans and Specifications for Life Guard Sewer Force Main. Project No. PW 15-14. (Fiscal Impact: Unknown) 10. Waive the bidding process per El Segundo City Code §1-7-10 and authorize the Fire Department to purchase and enter into Agreement No. 4888 with the electronic patient care reporting (ePCR) software from Digital EMS Solutions, Inc. (Fiscal Impact: $20,650) 7 11. PULLED BY STAFF 12. 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) 13, Authorize the City Manager to enter into a Professional Services Agreement No. 4893, in a form approved by the City Attorney, with Isaac Sports Group to provide consulting services related to the design, development, and construction of the new Aquatics Center at Wiseburn High School and plan for the future renovation of the Urho Saari Swim Stadium. (Fiscal Impact: Not to exceed $50,000 over the course of FY14/15, FY15/16, FY16/17 & FY17/18) 14. Adopt Resolution No. 4928 amending the bylaws of the Senior Citizen Housing Board Corporation to reduce the authorized number of Directors from seven to five. (Fiscal Impact: None) 15. PULLED BY COUNCIL MEMBER ATKINSON MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to approve Consent Agenda items 7, 8, 9, 10, 12, 13, and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 11. Consideration and possible action to 1) award a standard Public Works Contract to the lowest responsible bidder, CLS Constructors, or the 2014-2015 Curb, Gutter, Sidewalk, and other Concrete Improvements Project, 2) amend the Maintenance Agreement with West Coast Arborist for tree removal and replacement at locations associated with the Project, 3) authorize additional work up to the budgeted amount. Project No. PW 14-16. (Fiscal Impact: $500,000.00) Mark Hensley, City Attorney, suggested rejecting all bids concerning this item due to irregularities. Council Discussion MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to reject all bids and return to the bidding process. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 15. Consideration and possible action to adopt Ordinance No. 1510, updating the El Segundo Municipal Code amending Title 13 of the El Segundo Municipal Code 8 by adding Chapter 18 to provide an expedited, streamlined permitting process for small residential rooftop solar systems. (Fiscal Impact: None) Council Discussion MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to waive second reading and adopt Ordinance No. 1510, updating the El Segundo Municipal Code amending Title 13 of the El Segundo Municipal Code by adding Chapter 18 to provide an expedited, streamlined permitting process for small residential rooftop solar systems. MOTION PASSED BY VOICE VOTE. 4/1 YES: DUGAN, FELLHAUER, FUENTES, JACOBSON NO's: ATKINSON F. NEW BUSINESS G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY - None I. REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER— Not Present K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer— Asked Council for a consensus to use the City's logo on an upcoming event for the Independent Cities Association (ICA). Council Member Fellhauer is the incoming President for the ICA. Council agreed to the use of the logo. Council Member Atkinson - None Council Member Dugan —Attended a Los Angeles Airport modernization overview presentation. Mayor Pro Tern Jacobson — Attended The Point grand opening on Thursday, July 30, 2015. Mayor Fuentes —Attended The Point grand opening on Thursday, July 30, 2015. Commented on the ease of working with our City during the building process. The Champion of Business award was given to Federal Realty and The Point. Mentioned the Special Olympics World Games and El Segundo as a Host Town. Lastly, mentioned the need for a Public Safety Manager. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) 9 Marc Rener, resident, commented on the recent campaign by the members of the El Segundo Coalition of Labor Association, ES Fire Fighter Association and the ES Police Officer Association. Mike Robbins, resident, commented on the recent campaign by the members of the El Segundo Coalition of Labor Association, ES Fire Fighter Association and the ES Police Officer Association. MEMORIALS — None ADJOURNMENT at 8:37 PM Tra Wea r, City Clerk 10