2020 Mar 03 - CC MINMEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2020 — 4:00 PM
CALL TO ORDER — Mayor Boyles at 5:15 PM — due to lack of quorum at 4:00 PM.
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Boyles 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:
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters
Performance Review
City Attorney
Adjourned at 5:55 PM
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2020 - 6:00 P.M.
CALL TO ORDER — Mayor at 6:00 PM
INVOCATION — Mona Shilling, Deputy City Clerk II
PLEDGE OF ALLEGIANCE — Council Member Nicol
SPECIAL PRESENTATIONS: None
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Randy Collins, Emergency Manager Coordinator, gave an update on the Coronavirus
and what the City is doing at this time to combat and educate residents on the virus.
John Koppleman, President of Del Aire Neighborhood Association, commented on the
proposed Aviation Blvd. Greenbelt.
Blair Dominick, resident, commented on item #C8 and asked several questions of the
Council regarding setting standards for housing.
Richard Weis, resident, commented on item #C11 and asked several questions
regarding the power lines.
Jeff Schuh, resident, commented on item #C9, not in favor of Short-term Rentals.
CITY MANAGER COMMENTS — (Related to Public Communications)
City Manager Mitnick commented on the Aviation Greenbelt project and mentioned the
City is working with all the players to make it happen. The questions regarding housing
standards will be answered during the public hearing portion of the meeting.
(Moved up on the agenda due to time constraints)
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS:
13. Appointment to the Arts and Culture Advisory Committee.
(Fiscal Impact: None)
Mayor Boyles announced the appointment of Samantha Smith-Strassner to the Arts and
Culture Advisory Committee to a partial term expiring June 30, 2020.
14. Update from the Information Systems Department and the Technology
Committee about policy, processes, and accomplishments.
(Fiscal Impact: None)
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Madelon Smith and Chad Hahn gave a presentation updating Council on the committee.
Council discussion
Council consensus to receive and file the presentation.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
B. CONSENT CALENDAR
Approve Regular City Council Meeting Minutes of February 18, 2020.
2. Approve Warrant Numbers 3030017 through 3030147 on Register No.
10a and 9001324 through 9001326 in the total amount of $542,194.90
and Wire Transfers from 2/10/20 through 2/16/20 in the total amount
of $2,780,057.70. Ratified Payroll and Employee Benefit checks; checks
released early due to contracts or agreement; emergency disbursements
and/or adjustments; and wire transfers.
3. Award a contract to Race Communications and authorize City Manager to
execute a three-year (3) agreement no. 5800 as part of South Bay Cities
Council of Government (SBCCOG) South Bay Fiber Network (SBFN) to
provide Dedicated Internet Access.
(Fiscal Impact: $33,000.00 per year ($2750.00 per month) totaling
$99,000.00 over the three-year (3) agreement)
4. Waive irregularity in bid and award standard Public Works Contract No.
5801 to Meggitt Training Systems Inc. for construction of EI Segundo
Police Department Firing Range Remodel. Project No. PW 19-26.
(Fiscal Impact: $245,000.00 and additional $24,500.00 for construction
related contingencies)
5. Adopt Resolution No. 5202 approving plans and specifications for
Recreation Park Softball Bleachers Improvement Project. Project No.
PW20-03.
(Fiscal Impact: $147,500.00 included in the FY 19/20 budget)
6, Accept $686,300 grant from the U.S. Department of Homeland Security,
through Office of Grants and Training, under Fiscal Year 2018 State
Homeland Security Grant Program (SHSGP); authorize City Manager to
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sign an Agreement No. 5802 with County of Los Angeles as grant
administrator; Authorize City Manager to sign an Amendment No. 5348E
to Professional Services Agreement with Michael T. Little, dba Counter
Risk, Inc., to increase the total amount by an additional $220,000 and
extend term of the agreement.
(Fiscal Impact: City to receive $686,300.00 in grant funds)
7. Authorize staff to prepare an RFQ for housing development and
management services entity to partner with City to develop
strategic plan and provide affordable housing.
(Fiscal Impact: None)
MOTION by Council Member Nicol, SECONDED by Mayor Boyles approving Consent
Agenda items 1, 2, 3, 4, 5, 6 and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE.
4/0
C. PUBLIC HEARINGS
Council Member Nicol recused himself due to. possible conflict of interest.
8. Amend 540 East Imperial Avenue Specific Plan, Second Amendment No.
5200C to Development Agreement No. DA 16-01 and an amended
condition of approval to allow developer DR Horton CA2, Inc. to pay a fee
of $5.3 million dollars to City of EI Segundo for affordable housing
purposes in lieu of affordable housing requirement. (Applicant: DR Horton
CA2, Inc.)
(Fiscal Impact: $5,300,000.00 in -lieu fees to the City for affordable
housing purposes)
[An Addendum to Environmental Impact Report (EIR) for development
project was certified by City Council on September 28, 2016. The
requested revision to affordable housing requirement does not introduce
new significant environmental effects or substantially increase severity of
environmental impacts that previously were identified and analyzed in
certified EIR Addendum. Additionally, project does not include changed
circumstances or new information, which were not known at the time EIR
was certified, that would require preparation of a subsequent
environmental analysis pursuant to CEQA Guidelines.]
Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding
amending 540 East Imperial Avenue Specific Plan, Second Amendment No. to
Development Agreement No. DA 16-01 and an amended condition of approval to allow
developer DR Horton CA2, Inc. to pay a fee of $5.3 million dollars to City of EI Segundo
for affordable housing purposes in lieu of affordable housing requirement.
Deputy City Clerk Shilling stated that proper notice had been given in a timely manner
and that written communication had been received in the City Clerk's office.
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Gregg McClain, Planning Manager, gave a presentation and answered questions on the
item.
David King, Asst. City Attorney, reported on the item and answered Council's questions.
Kathe Head, Managing Principal, Keyser Marston Associates, Inc., answered Council's
questions.
Scott Mitnick, City Manager, commented and answered Council questions.
Public Comments:
Marianne Adriatico, Vice President Division Council for D. R. Horton Southern
California, commented on the ongoing project with the City and agrees with staff's
recommendation.
Jamin Griffiths, resident, would like to see the City remain economically diverse and
would like to see a well thought out plan for the funds before accepting the funds.
Lisa Varela, resident, not in favor of the in -lieu fees and would like to see the homes
available go to those who would qualify for the moderate affordable units.
Alex Heck, resident, has concerns about accepting the in -lieu fees and isn't in favor of
accepting the fees and wants Council to hold DR Horton accountable.
Nancy Cobb, resident, in favor of accepting the eight (8) moderate units and not the in -
lieu fees.
Trevor Jones, non-resident, feels the professionals should be heard and Council should
accept the in -lieu fees.
Jay Hoeschler, resident, commented rentals will be the way to achieve the City's RHNA
(Regional Housing Needs Assessment) numbers.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel to
close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Council Discussion
Council Member Pimentel noted the following: Significantly disappointed that the
moderate housing concept that was on the table seventy-two (72) hours prior is not an
option at this time. Tremendous miscarriage of the way this item should have been
handled.
David King, Assistant City Attorney, read by title only:
ORDINANCE NO. 1615
AN ORDINANCE APPROVING AND ADOPTING AN AMENDMENT TO THE 540 EAST
IMPERIAL AVENUE SPECIFIC PLAN AND A SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 16-01, TO ALLOW THE DEVELOPER D.R.
HORTON CA2, INC. TO PAY A FEE TO THE CITY IN LIEU OF THE AFFORDABLE
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HOUSING REQUIREMENT, AND AUTHORIZING THE CITY MANAGER TO SIGN A
SETTLEMENT AGREEMENT.
Mayor Pro Tem Pirsztuk introduced the item. The second reading and possible adoption
of the Ordinance is scheduled for the regular City Council meeting of March 17, 2020.
David King, Assistant City Attorney, read by title only:
RESOLUTION NO. 5203
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING AN
AMENDMENT TO ENVIRONMENTAL ASSESSMENT NO. 1154 AND A
MODIFICATION TO CONDITION OF APPROVAL NO. 15 TO ALLOW THE
DEVELOPER D.R. HORTON CA2, INC. TO PAY A FEE TO THE CITY FOR
AFFORDABLE HOUSING REQUIREMENT, AND AUTHORIZING THE CITY
MANAGER TO TERMINATE THE AFFORDABLE HOUSING AGREEMENT WITH THE
DEVELOPER.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Mayor Boyles approving
Resolution No. 5203. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Council Member Nicol returned to the dais.
Council Member Pimentel recused himself due to possible conflict of interest.
9. Continued public hearing and introduction of revised Ordinance No. 1614
for Zone Text Amendment creating a one-year pilot program to allow and
regulate Short -Term Rentals in the City's residential zoning districts
through a Short -Term Rental Permit process.
(Fiscal Impact: Potential revenue of $37,000.00 from permits and business
licenses and $125,000.00 from Transient Occupancy Taxes (TOT))
[The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Class 6
(Information Collection) (14 Cal. Code Regs. § 15306), because it involves
creating a regulatory process for a use in the Residential zoning districts
for a limited time.]
Mayor Boyles stated this was the time and place to continue a public hearing
introducing revised Ordinance No. 1614 for Zone Text Amendment creating a one-year
pilot program to allow and regulate Short -Term Rentals in the City's residential zoning
districts through a Short -Term Rental Permit process.
Deputy City Clerk Shilling stated that proper notice had been given in a timely manner
and that written communication had been received in the City Clerk's office.
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Gregg McClain, Planning Manager, gave a presentation and answered questions on the
item.
Sam Lee, Planning, Building and Safety Director, answered Council's questions.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel to
close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Council Discussion
Council consensus to continue the public hearing to the regular City Council meeting of
March 17, 2020.
Recessed at 8:40 PM
Reconvened at 8:50 PM
Council Member Pimentel returned to the dais.
Mayor Boyles recused himself due a conflict of interest for both items #10 and #11.
% Adopt a Resolution approving proposed Community Benefits Plan (CBP
19-01) to permit exceptions to height, floor area ratio and rear setback
standards pursuant to Smoky Hollow Specific Plan and Environmental
Assessment (EA -1254) related to construction of a new 14,119 square -
foot office building at 212 Eucalyptus Street in Smoky Hollow -West
(SH -W) district.
(Fiscal Impact: $14,214.00 contribution to Smoky Hollow Public
Infrastructure Fund)
[The project is categorically exempt from environmental review pursuant to
California Code of Regulations, Title 14 ("CEQA guidelines") Section
15332 as a Class 32 exemption (Infill Development)]
Mayor Pro Tem Pirsztuk stated this was the time and place to conduct a Public Hearing
regarding adopting a Resolution approving proposed Community Benefits Plan (CBP
19-01) to permit exceptions to height, floor area ratio and rear setback standards
pursuant to Smoky Hollow Specific Plan and Environmental Assessment (EA -1254)
related to construction of a new 14,119 square -foot office building at 212 Eucalyptus
Street in Smoky Hollow -West (SH -W) district.
Deputy City Clerk Shilling stated that proper notice had been given in a timely manner
and that no written communication had been received in the City Clerk's office.
Sam Lee, Planning, Building and Safety Director and Paul Samaras, Principal Planner,
gave a presentation and answered questions on the item.
Public Comments:
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David Balian, Balian Architects, commented on the project.
Council Discussion
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
David King, Assistant City Attorney, read by title only:
RESOLUTION NO.5204
A RESOLUTION APPROVING COMMUNITY BENEFIT PLAN NO. 19-01 AND
ENVIRONMENTAL ASSESSMENT NO. EA -1254 FOR DEVELOPMENT OF A 14,119
SQUARE -FOOT OFFICE BUILDING AT 212 EUCALYPTUS DRIVE.
MOTION by Council Member Pimentel, SECONDED by Council Member Nicol
approving Resolution No. 5204. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
11. Adopt a Resolution approving proposed Community Benefits Plan (CBP
18-01) and Environmental Assessment (EA -1233) to allow construction of
a 60,000 square -foot addition that exceeds maximum permitted building
height in Smoky Hollow Specific Plan area at 140 Oregon Street.
(Fiscal Impact: None)
[The project is categorically exempt from environmental review pursuant to
California Code of Regulations, Title 14 ("CEQA guidelines") Section
15332 as a Class 32 exemption (Infill Development)]
Mayor Pro Tem Pirsztuk stated this was the time and place to conduct a Public Hearing
regarding adopting a Resolution approving proposed Community Benefits Plan (CBP
18-01) and Environmental Assessment (EA -1233) to allow construction of a 60,000
square -foot addition that exceeds maximum permitted building height in Smoky Hollow
Specific Plan area at 140 Oregon Street.
Deputy City Clerk Shilling stated that proper notice had been given in a timely manner
and that no written communication had been received in the City Clerk's office.
Paul Samaras, Principal Planner, gave a presentation and answered questions on the
item.
Public Comments:
Mark Telesz, owner and developer, Smoky Hollow Industries, LLC, commented on the
project.
David Balian, Balian Architects, commented on the project.
MOTION by Council Member Pimentel, SECONDED by Council Member Nicol to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
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Council Discussion
David King, Assistant City Attorney, read by title only:
RESOLUTION NO. 5205
A RESOLUTION APPROVING COMMUNITY BENEFIT PLAN NO. 18-01 AND
ENVIRONMENTAL ASSESSMENT NO. EA -1233 TO ALLOW THE CONSTRUCTION
OF AN ADDITION THAT EXCEEDS THE PERMITTED BUILDING HEIGHT IN THE
SMOKY HOLLOE SPECIFIC PLAN AREA, AND LOCATED AT 140 OREGON
STREET.
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel
approving Resolution No. 5205. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Mayor Boyles returned to the dais.
D. STAFF PRESENTATIONS
12. Waive first reading and introduce an Ordinance authorizing an
amendment no. 537KK to a contract between City Council and Board of
Administration of California Public Employees' Retirement System
(CaIPERS), adopt a Resolution of Intention to approve an amendment to a
contract between the Board of Administration of CaIPERS and City
Council to provide Section 20516 (Employee Sharing Additional cost) of
1 % for classic local miscellaneous members in unrepresented
Management -Confidential Group and 3% for classic local safety members
in unrepresented Management -Confidential Group and approve staff to
administer required Employee Election.
(Fiscal Impact: None)
David Serrano, Human Resources Director, reported on the item.
Council Discussion
David King, Assistant City Attorney, read by title only:
ORDINANCE NO. 1616
AN ORDINANCE OF THE CITY OF EL SEGUNDO AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
Mayor Boyles introduced the item. The second reading and possible adoption of the
Ordinance is scheduled for the regular City Council meeting of April 21, 2020.
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RESOULUTION NO. 5206
TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL CITY OF EL SEGUNDO
MOTION by Council Member Nicol, SECONDED by Mayor Boyles approving Resolution
No. 5206. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS:
Items #13 and #14 moved to before Consent Agenda items.
F. REPORTS — CITY CLERK — Passed
G. REPORTS — CITY TREASURER — Not present
H. REPORTS — COUNCILMEMBERS
Councilmember Pimentel — Passed
Councilmember Nicol — Thanked everyone who got out and voted today.
Mayor Pro Tem Pirsztuk — Congratulated the candidates on their win and
thanked the community for allowing her to serve another four (4) years.
Mayor Boyles — Commented on Chef Hannes requesting the sidewalk in front of
his restaurant be fixed and complimented Meredith Petit, Recreation and Parks
Director and her staff on getting the sidewalk taken care of quickly and stated he
is looking forward to serving another four (4) years.
REPORTS — CITY ATTORNEY — Passed, but did congratulate the candidates!
J. REPORTS/FOLLOW-UP — CITY MANAGER — Commented on upcoming agenda
items.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
MEMORIAL — None
DJOURNMEN at 9:52 PM
MoAa Shill g, Deputy City Clertfi
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