2015 Sep 29 - CC MIN SPC REVREVISED SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 29, 2015 - 6:30 P.M.
6:30 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 6:30 PM
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Council Member Marie Fellhauer
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)
Chris Miller, resident, commented on the Richmond Street Improvement Plan.
Craig Kessler, commented on item #133 (Top Golf).
Ron Swanson, resident, supports item #B3 (Top Golf).
Josh Alpert, resident, commented on item #133 (Top Golf).
Sherry Kramer, on behalf of Richard Lundquist, Continental Development Corporation,
reaffirming support of item #B3 (Top Golf).
William Davenport, CEO Top Golf, thanked the Council for their work on the Top Golf
project and attended the meeting to answer questions if needed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council commented on Public communication..
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
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 29, 2015
PAGE NO. 1
A. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action (Continued Public Hearing) regarding the
Fiscal Year 2015 -2016 Budget (including all City Revenues and Expenditures),
and Adoption of Resolution approving the 2015 -2016 Final Operating and Capital
Improvement Budget and the 2015 -2016 Appropriations Limit. Copies of the
Fiscal Year 2015 -2016 Preliminary Budget can be found in the Library, City
Clerk's office, and on the City's website.
(Fiscal Impact: Total Revenues of $123,101,930, Total Expenditures of
$133,442,662; General Fund Revenues of $63,238,130, Expenditures of
$64,377,060)
Mayor Fuentes stated this was the time and place to continue the public hearing
regarding the Fiscal Year 2015 -2016 Budget (including all City Revenues and
Expenditures), and Adoption of Resolution approving the 2015 -2016 Final Operating
and Capital Improvement Budget and the 2015 -2016 Appropriations Limit.
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 stated the continued Public Hearing is now open.
Greg Carpenter, City Manager, introduced the item.
Misty Cheng, Acting Finance Director, gave a presentation.
Mayor Fuentes announced the Public Hearing is now open for public comment.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
Mark Hensley, City Attorney, read the resolution by title only:
RESOLUTION NO. 4933
A RESOLUTION ADOPTING THE 2015 -2016 FINAL OPERATING AND CAPITAL
IMPROVEMENT BUDGET AND THE 2015 -2016 APPROPRIATIONS LIMIT FOR THE
CITY OF EL SEGUNDO
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 29, 2015
PAGE NO. 2
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
approve Resolution No. 4933, approving the 2015 -2016 Final Operating and Capital
Improvement Budget and the 2015 -2016 Appropriations Limit. MOTION PASSED BY
VOICE VOTE. 4/1 YES: Atkinson, Dugan, Fellhauer, Fuentes NO: Jacobson
B. UNFINISHED BUSINESS
OPENED ITEMS B2 AND B3 CONSECTIVELY
2. [CONTINUED ITEM #C2 FROM SEPTEMBER 15, 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.
3. [CONTINUED ITEM #C3 FROM SEPTEMBER 15, 2015 CITY COUNCIL
MEETING] Consideration and possible action to approve a Due Diligence and
Ground Lease Agreement and Reimbursement Agreement with ES CenterCal
LLC ( "ES CenterCal ") to lease the driving range portion of The Lakes Golf
Course for the purpose of developing the TopGolf facility consisting of a driving
range, restaurant, bar and lounge and event facilities.
(Fiscal Impact: See attached report from ProForma Advisors)
Greg Carpenter, City Manager, introduced the items.
Mark Hensley, City Attorney, presented the Due Diligence and Ground Lease
Agreement and Reimbursement Agreement with ES CenterCal LLC to Council.
Council discussion
Zach Shore, Vice President of Real Estate, Top Golf, answered Council questions..
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
approve and authorize the Mayor to execute the Due Diligence and Ground Lease
Agreement No. 4924 -1 through 4924-1C subject to ES CenterCal entering into a
reimbursement agreement with the City, authorize the City Manager to enter into a
Reimbursement Agreement No. 4924 -2 that requires ES CenterCal to pay the cost and
fees associated with the various due diligence and land use entitlement costs and
authorize the City Manager to execute a Professional Service Agreement No. 4924 -3 for
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 29, 2015
PAGE NO. 3
CEQA review services related to the Due Diligence and Ground Lease Agreement
approved as form by the City Attorney in an amount not to exceed $257,500.00.
MOTION PASSED BY VOICE VOTE. 3/2 YES: Atkinson, Fellhauer, Jacobson NO:
Dugan, Fuentes
C. CONSENT AGENDA
4. Consideration and possible action to revise the final contract amounts for
Projects 14 -12 (the City's Residential Sound Insulation Program's Group 56) and
14 -14 (the City's Residential Sound Insulation Program's Group 58).
(Final Contract Amounts of: $922,038.18 and $652,646.26 respectively, less any
liquidated damages determined to be appropriate)
Greg Carpenter, City Manager, introduced the item.
Council discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to
revise the contract amount for Project 14 -12 (Group 56 of the RSI Program) and revise
the contract amount for Project 14 -14 (Group 58 of the RSI Program). MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
ADJOURNMENT at 7:21 PM AW
Tracy W ver, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 29, 2015
PAGE NO. 4