2015 Sep 15 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 15, 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 -
Absent
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 1
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
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 6:50 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 15, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:01 PM
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Dugan
PRESENTATIONS
a) Congressman Ted Lieu, introduced by Mayor Fuentes, gave a presentation and
briefly updated the Council and residents on services his office provides.
b) Commendation read by Mayor Fuentes and presented to Holly Socrates, owner
of Holly Socrates Gallery, and her committee for the successful El Segundo Art
Walk.
c) Presentation by Krista Binder, Treasurer and Dino Marsocci, Deputy City
Treasurer II on the 3rd Quarter Investment Portfolio.
ROLL CALL
Mayor Fuentes - Present
Mayor Pro Tern Jacobson - Present
Council Member Atkinson - Present
Council Member Fellhauer - Absent
Council Member Dugan - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Doug Clagg, resident, (700 block of W. Palm) spoke concerning Airbnb rentals
occurring in town and especially on Mr. Clagg's block of W. Palm and commented on
the RSI program and the lack of air conditioning offered currently.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council commented on Public communication..
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 3
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open public hearing regarding the
presentation of the Fiscal Year 2015 -2016 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures..
(Fiscal Impact: Total Revenues of $122,693,100; Total Expenditures of
$133,069,402; General Fund Revenues of $62,829,300, Expenditures of
$64,033,500)
Mayor Fuentes stated this was the time and place to conduct a public hearing regarding
the presentation of the Fiscal Year 2015 -2016 Preliminary Budget, including discussion
and possible direction regarding all city revenues and expenditures.
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 the item.
Misty Cheng, Acting Finance Director, gave a presentation.
Mayor Fuentes announced the Public Hearing is now open for public comment.
Council Discussion
MOTION by Council Member Dugan, SECONDED by Council Member Atkinson to
continue the Public Hearing to a Special Meeting on Monday, September 28, 2015 at
6:00 PM for budget adoption. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
C. UNFINISHED BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 4
2, [CONTINUED ITEM #C1 FROM SEPTEMBER 1, 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.)
3. 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)
MOTION by Council Member Atkinson, SECONDED by Council Member Dugan to
move items #C2 and #C3 to a Special City Council Meeting on Monday, September 28,
2015. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
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.
4, Approve Warrant Numbers 3007523 through 3007693 on Register No. 23 in the
total amount of $637,754.07 and Wire Transfers from 8/17/2015 through
8/30/2015 in the total amount of $893,555.80. 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 the Regular City Council Meeting Minutes of August 18, 2015, Special
City Council Meeting Minutes of August 31, 2015 and Regular City Council
Meeting Minutes of September 1, 2015.
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SEPTEMBER 15, 2015
PAGE NO. 5
6. 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)
7. Receive and file report regarding the City entering into a license agreement No..
4914 with Warner Bros. and authorize filming and ancillary activities to
commence beyond the municipal code's ordinance of 10:00 p.m. on Thursday,
October 8, 2015 until 4:00 a.m. on Friday, October 9, 2015 and 10:00 p.m. on
Friday, October 9, 2015 until to 6:00 a.m. on Saturday, October 10, 2015
(Fiscal Impact: Approximate revenue of $82,736 plus personnel cost.)
8. PULLED BY MAYOR PRO TEM JACOBSON
9. Approve the thirty (30) day provisional appointment extension for the position of
Interim Deputy City Clerk 11.
(Fiscal Impact: None)
10. Approve the proposed Class Specification for Revenue Manager (formerly
Business Services Manager), approve the proposed examination plans for
Revenue Manager, Purchasing Agent, and License Permit Specialist 1 /11 and
adopt Resolution No. 4932, establishing the new classification title and salary for
Revenue Manager.
(Fiscal Impact: None)
11. Authorize the City Clerk to file the City Manager's, or designee's, Notice of
Completion in the County Recorder's Office, authorize the City Manager, or
designee, to close out Project No. RSI 14 -18 (the City's Residential Sound
Insulation Program's Group 61) and authorize the RSI Program Manager to sign
the Title 21 Compliance Certificates in accordance with the requirements of the
grant funding from Los Angeles World Airports (LAWA) and mail originals to
LAWA.
(Fiscal Impact: Final Contract Amount $797,676.82)
12. Authorize the City Clerk to file the City Manager's, or designee's, Notice of
Completion in the County Recorder's Office, authorize the City Manager, or
designee, to close out Project No. RSI 14 -23 (the City's Residential Sound
Insulation Program's Group 65) and authorize the RSI Program Manager to sign
the Title 21 Compliance Certificates in accordance with the requirements of the
grant funding from Los Angeles World Airports (LAWA) and mail originals to
LAWA.
(Fiscal Impact: Final Contract Amount $786,461.08)
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SEPTEMBER 15, 2015
PAGE NO. 6
13. Adopt Resolution No. 4931 delegating authority to the City Manager to accept
Work as complete, determine liquidated damages and record notices of
completion for Residential Sound Insulation (RSI) Projects 14 -12 (Group 56),
14 -14 (Group 58), 14 -25 (Group 67) and 14 -26 (Group 68) and authorize the
RSI Program Manager to sign the Title 21 Compliance Certificates in accordance
with the requirements of the grant funding from Los Angeles World Airports
(LAWA) and mail originals to LAWA.
(Fiscal Impact: Final Contract Amount of: $885,290, $649,488.02, $939,885.44
and $455,397.84 respectively, less any liquidated damages determined to be
appropriate)
MOTION by Council Member Atkinson, SECONDED by Mayor Pro Tern Jacobson to
approve Consent Agenda items 4, 5, 6, 7, 9, 10, 11, 12, and 13. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
PULLED ITEM:
8. Consideration and possible action regarding a request from the El Segundo
Kiwanis Club to operate a Beer Garden on public right of way at the 39th Annual
Richmond Street Fair on Saturday, September 26, 2015 from 11:00 am — 5:00
pm.
(Fiscal Impact: None)
Council Discussion
MOTION by Council Member Dugan, SECONDED by Council Member Atkinson to
approve the request from the El Segundo Kiwanis Club to operate a Beer Garden on
the public right of way at the 39th Annual Richmond Street Fair on Saturday, September
26, 2015 from 11:00 am — 5:00 pm. MOTION PASSED BY VOICE VOTE. 3/1 YES:
Atkinson, Dugan, Jacobson NO: Fuentes
F. NEW BUSINESS
G. REPORTS — CITY MANAGER — Daisy Sanchez, intern in the City Manager's
office, gave a presentation on downtown parking to the Council. Mr. Carpenter
announced the retirement of Chief Kevin Smith after 30 years of service to the City of El
Segundo.
H. REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER- Gave the Quarterly report during
Presentations.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 7
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — absent
Council Member Atkinson — None
Council Member Dugan — Thanked Chief Smith and his staff for an excellent Pancake
Breakfast on Saturday, September 12, 2015.
Mayor Pro Tern Jacobson — Thanked Chief Smith and his staff for an excellent Pancake
Breakfast on Saturday, September 12, 2015.
Mayor Fuentes — None
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
MEMORIALS — None
ADJOURNMENT at 8:16 PM
TrftWe r, C ity Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2015
PAGE NO. 8