2015 Sep 01 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 1, 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 Tem 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): -5- 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 6:50 PM
2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 1, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:02 PM
INVOCATION — Scott Lambert, Hilltop Community Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Atkinson
PRESENTATIONS - None
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) None
Brittany Commodore, Executive Director at MDA — Los Angeles (Muscular Dystrophy
Association), thanked the El Segundo Fire Fighters for their Fill the Boot efforts. The Fill
the Boot campaign will take place on September 14, 18 and 22 on the corners of El
Segundo Blvd and Sepulveda Blvd and Sepulveda Blvd. and Grand Ave.
Nate Chittick, resident, spoke concerning letters written by Steven Filarksy, who is
representing the City during labor negotiations.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council commented
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
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
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C� UNFINISHED BUSINESS
OPENED ITEMS C1 AND C2 CONSECTIVELY
[CONTINUED ITEM #C1 FROM AUGUST 18, 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.)
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)
Greg Carpenter, City Manager, presented the Council with an update on the Due
Diligence and Ground Lease Agreement for item #C2.
Council Discussion
Karl Berger, Assistant City Attorney, answered and clarified questions from Council.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
continue items #C1 and #C2 to the September 15, 2015 City Council Meeting.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
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 3007333 through 3007522 on Register No. 22 in the
total amount of $563,765.29 and Wire Transfers from 8/10/2015 through
8/16/2015 in the total amount of $3,100,864.89. 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.
L,
4, Approve Special City Council Meeting Minutes of August 17, 2015,
5. 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)
6. Approve the purchase of forty (40) VIEVU LE3 Body Worn Video /Audio Recorder
Systems from L3 Communications using COPS Grant Funds, pursuant to El
Segundo Municipal Code §1 -7 -10, waive the bidding process and authorize the
City Manager, or designee, to execute agreement No. 4897 in a form approved
by the City Attorney with L3 Communications piggybacking on a GSA Contract #
GS 07F- 5377P.
(Fiscal Impact: $36,480.56 from COPS Grant Fund.)
7. Approve the thirty (30) day provisional appointment extension for the position of
Interim Wastewater Supervisor.
(Fiscal Impact: $0)
8. Authorize the City Manager to execute a standard Public Works Contract No.
4889 in a form as approved by the City Attorney with FS Construction in the
amount of $229,922.75 for the 2014 -15 Curb, Gutter, Sidewalk and other
Concrete Improvements Project, authorize the City Manager to amend the
Maintenance Agreement No, 4899 with West Coast Arborist, in a form approved
by the City Attorney, for tree removal and replacement services associated with
the concrete repairs for an amount not to exceed $55,000.00, authorize an
additional contingency of $15,077.25 for unforeseen conditions and authorize an
additional $200,000.00 for additional Project locations based on the Contractor's
unit bid price. Project No. PW 14 -16.
(Fiscal Impact: $500,000.00)
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
approve Consent Agenda items 3, 4, 5, 6, 7, and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER - None
H, REPORTS — CITY ATTORNEY - None
I. REPORTS — CITY CLERK
5
9. Consideration and possible action relating to State Legislation (Assembly Bill 254
and Senate Bill 415) regarding local election dates.
(Fiscal Impact: $0)
Tracy Weaver, City Clerk, introduced the item and gave a brief description of the bills
and how they affect the City of El Segundo.
Council Discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
oppose AB 254 and SB 415 and direct staff to send the proposed letter to Governor
Jerry Brown opposing the legislation. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
J. REPORTS — CITY TREASURER — Not present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — None
Council Member Atkinson — None
Council Member Dugan - None
Mayor Pro Tern Jacobson — None
Mayor Fuentes — None
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Jack Axelrod, resident, opposes the Pledge of Allegiance and Invocation during our City
Council meetings.
Mrs. Wilson, resident, spoke on behalf of the right to vote.
MEMORIALS — None
ADJOURNMENT at 7:41 PM
Tracy We *r, City Clerk
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