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2015 Aug 18 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 18, 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 SPECIAL ORDER OF BUSINESS: Mayor Fuentes announced that 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. 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 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 18, 2015 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 5:03 PM INVOCATION — Pastor Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Jacobson ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present ITEM E6 MOVED FORWARD 6. Authorize the Mayor to approve the sale of police canine, "Arthur ", to his handler, Officer Chris Cameron, for the nominal fee of one dollar ($ 1.00), Agr. No. #4900. (Fiscal Impact: None) Presentation by Mitch Tavera, El Segundo Police Chief.. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer approving the sale of police canine, "Arthur ", to his handler, Officer Chris Cameron, for the nominal fee of one dollar ($ 1.00). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PRESENTATIONS a. Presentation by LA Sanitation — Hyperion Reclamation Treatment Plant, concerning the Water Reclamation Plant EPP Header Replacement Project. b. Presentation by Scott Houston, Director, West Basin Municipal Water District, Division IV, on the West Basin Municipal Water District's drought updates and efforts. C. Presentation by Council Member Atkinson, on the Special Olympics World Games Los Angeles 2015 and El Segundo as a Host Town. Video presented by El Segundo Cable TV. 3 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Elyse Rothstein, resident and South Bay Workforce Investment Board (SBWIB) representative, presented the quarterly update. Matt Stauffer, with Autumn Burke's office, invited all to attend a Back to School Health and Wellness Fair on Saturday, August 22, 2015 at Oakwood Park in Venice, CA. Mike Robbins, resident, commented on the recent campaign by the members of the El Segundo Coalition of Labor Association, ES Fire Fighter Association and ES Police Officer Association. Marc Rener, resident, commented on the Fire Department's practice to collect fees for services rendered that are not paid for by insurance during an emergency call. Laura McConahey, resident, not in favor of making salary cuts to the Fire and Police Departments. 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) C. UNFINISHED BUSINESS OPENED ITEMS C1 AND C2 CONSECTIVELY 1. [CONTINUED ITEM #C3 FROM AUGUST 4, 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.) MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to continue item #C1 to the September 1, 2015 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2 2, 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 with an update on the Due Diligence and Ground Lease Agreement for item #C2. Council Discussion Mark Hensley, City Attorney, answered and clarified questions from Council. Council consensus agreed to discounts to El Segundo residents only from 6:00 am — 12:00 pm. Item #C2 will be brought back to Council at the September 1, 2015 City Council meeting. D. 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 3007105 through 3007332 on Register No. 21 in the total amount of $1,000,990.95 and Wire Transfers from 7/13/2015 through 8/09/2015 in the total amount of $2,708,616.62. 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 Special City Council Meeting Minutes of August 3, 2015, Special City Council Meeting Minutes of August 4, 2015, and Regular City Council Meeting Minutes of August 4, 2015. 5, Authorize the Chief of Police to hire one Police Officer to backfill a vacancy created by filling a position with the "Taskforce for Regional Autotheft Prevention" (TRAP). (Fiscal Impact: Net savings of approximate $76,000) 6. MOVED FORWARD ON THE AGENDA 5 7. Authorize the City Manager to execute a contract amendment No. 44808, in a form approved by the City Attorney, for an additional $30,000 with DownStream Services, Inc. for pump stations on -call repair services in the 2014 -15 Fiscal Year. (Fiscal Impact: None) 8. Consideration and possible action to award a standard Public Works Contract No. 4901 to the lowest responsible bidder, American Asphalt South, Inc., for the FY 14 -15 Slurry Seal Project in the area bounded by the west City boundary, the north City boundary, Sheldon Street and Mariposa Avenue. Project No.: PW 15- 02. (Fiscal Impact: $500,000.00) 9. Authorize the City Manager to execute agreement No. 4902, adopt Resolution No. 4929 authorizing the examination of prepaid mobile telephony services surcharge and local charge records and approve Resolution No. 4930 allowing the State Board of Equalization to collect and administer local user utility taxes ( "UUT ") on the City's behalf. (Fiscal Impact: None) 10. Approve the thirty (30) day provisional appointment extension for the position of Interim Deputy City Clerk II. (Fiscal Impact: None) 11. Authorize the City Manager to execute an amendment No. 4802A, in a form approved by the City Attorney, to MuniTemps agreement number 4802 for temporary staffing in City Clerk's Office / Deputy City Clerk I. (Fiscal Impact: $16,000.00) 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) MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to approve Consent Agenda items 3, 4, 5, 7, 8, 9, 10, 11, and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Welcomed Barbara Voss, our new Economic Development Manager. H. REPORTS — CITY ATTORNEY - None IJ REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER — Not present K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Mentioned she would be unable to attend the EDAC meeting on Wednesday, August 19, 2015. Council Member Atkinson — Thanked the community and council members for their support of the Special Olympics World Games. Council Member Dugan — None Mayor Pro Tern Jacobson — None Mayor Fuentes — Attended the 2015 Aerospace Summer Games at Dockweiler State Beach. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total). Marc Rener, resident, stated he has nothing against our Fire Fighter's or Police Officer's, however, he does not agree with the practice of collecting for fees not covered by one's insurance company by the Fire Department for services rendered during an emergency. Mike Robbins, resident, commented on the compensation data posted to the City's website. MEMORIALS — Robert L. "Bob" Dugan ADJOURNMENT at 8:46 PM Tracy Wea City Clerk 7