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2017 Nov 07 - CC MIN MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 7, 2017 — 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 Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - 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- matters 1. Archambault v. City of EI Segundo, WCAB No. ADJ904953 2, Tingle v. City of EI Segundo, WCAB No. ADJ10672648 3. Bermudez v. City of EI Segundo, WCAB No. ADJ794060 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matters. 1. BKK Landfill West Covina MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO. 1 Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matters 1. Public Employee Performance Evaluation Title: City Manager 2. Public Employee Performance Evaluation Title: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matters PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -4- matters 1 , Employee Organizations: Police Management Association; Supervisory and Professional Employees Association; City Employees Association and Fire Fighters Association. Agency Designated Representative: Labor Negotiator, Irma Rodriquez Moisa and City Manager, Greg Carpenter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO.2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 7, 2017 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:02 PM INVOCATION — Pastor Wes Harding, the Bridge Church PLEDGE OF ALLEGIANCE — Council Member Dugan PRESENTATIONS b) Presentation by Police Chief Whalen, introducing Police officers Matthew Rice and Rodolfo "Rudy" Reynosa, recent graduates of the Los Angeles Sheriff's Academy. a) Proclamation read by Mayor Fuentes, presented to Fire Chief Donovan, proclaiming November 20, 2017 — December 20, 2017 as the Spark of Love Toy Drive. ROLL CALL Mayor Fuentes w Present Mayor Pro Tem Boyles - Present Council Member Dugan - Present Council Member Brann Present Council Member Pirsztuk - Present PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) Jim Boulgarides, resident, commented on item #K12. 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 Council Member Brann, SECONDED by Mayor Pro Tem Boyles 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) MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO.3 1. Consideration and possible action to adopt an Ordinance extending the moratorium on permit issuance for marijuana-related land uses within the City to allow the City additional time to consider amending Title 15 of the EI Segundo Municipal Code. The proposed ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060 (c)(3) of the CEQA Guidelines because it is an activity that will not result in a direct or reasonably foreseeable indirect change to the environment and it is not defined as a project under Section 15378. (Fiscal Impact: None) Mayor Fuentes stated this was the time and place to conduct a public hearing and receive public testimony regarding adoption of an Ordinance extending the moratorium on permit issuance for marijuana-related land uses within the City to allow the City additional time to consider amending Title 15 of the EI Segundo Municipal Code. Clerk Weaver 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. Greg Carpenter, City Manager, introduced the item. Mark Hensley, City Attorney, reported on the item. Gregg McClain, Planning Manager, answered Council questions. No public comment MOTION by Council Member Brann, SECONDED by Council Member Dugan to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Discussion Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1561 AN INTERIM ORDINANCE OF THE CITY OF EL SEGUNDO EXTENDING THE MORATORIUM ON PERMIT ISSUANCE FOR MARIJUANA-RELATED LAND USES WITHIN THE CITY TO ALLOW SUFFICIENT TIME FOR THE CITY TO CONSIDER AMENDING TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE. MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Boyles to waive the second reading and adopt Ordinance No. 1561. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO.4 2. Consideration and possible action regarding Environmental Assessment No. EA- 1180 and Zone Text Amendment No. ZTA 17-01 to allow short-term rentals through a Short-Term Rental Unit Permit process in the City's residential zoning districts. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code Regulations § 15301 as a Class 1 (existing facilities), § 15303 as a Class 3 (new construction or conversion of small structures), § 15304 as a Class 4 (minor alteration to land) categorical exemptions, and as a Class 8 categorical exemption since the amendment will "assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment." (Fiscal Impact: None) Mayor Fuentes stated this was the place and time Mayor Fuentes stated this was the time and place to conduct a public hearing, receive public testimony and other evidence as presented regarding Environmental Assessment No. EA-1180 and Zone Text Amendment No. ZTA 17-01 to allow short-term rentals through a Short-Term Rental Unit Permit process in the City's residential zoning districts. Clerk Weaver 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. Greg Carpenter, City Manager, introduced the item. Eduardo Schonborn, AICP, Principal Planner and Juliana Demers, Revenue Manager, gave a presentation on the item. Public comment: Gary Schmunk, resident, not in favor of allowing Short Term Rentals in EI Segundo. Mona Eisman, resident, not in favor of allowing Short Term Rentals in EI Segundo. Veronica Bryce, resident, not in favor of allowing Short Term Rentals in EI Segundo. Kathy Whichard, resident, not in favor of allowing Short Term Rentals in EI Segundo, Council Discussion Council directed staff to conduct more community outreach and reach out to neighboring communities concerning Short Term Rentals and present the findings at a meeting in January 2018. Public Hearing to continue to the January 16, 2018 regular City Council Meeting. 3. Consideration and possible action regarding approval of EI Segundo's Climate Action Plan (CAP). The proposed Climate Action Plan is not subject to the requirements of the California Environmental Quality Act (CEQA) in that it does constitute a project pursuant to 14 California Code of Regulations §§ 15378. Approval of the CAP does not legally bind the City and does not include MINUTES OF THE REGULAR COUNCIL MEETING; NOVEMBER 7,2017 PAGE NO.5 enactment or amendment of the EI Segundo Municipal Code, or the adoption and amendment of the General Plan or elements thereof. (Applicant: City of EI Segundo) (Fiscal Impact: N/A) Mayor Fuentes stated this was the time and place to conduct a public hearing and receive public testimony regarding approval of EI Segundo's Climate Action Plan (CAP). MOTION by Mayor Pro Tem Boyles, SECONDED Council Member Dugan continue the item to the November 21 , 2017 regular City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Recessed at 8:41 PM Reconvened at 8:51 PM C. UNFINISHED BUSINESS 4. Consideration and possible action to create an ad-hoc committee, The Lakes Task Force, to evaluate the current use and future opportunity of The Lakes at EI Segundo Golf Course and Driving Range and make recommendations to the City Council. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Meredith Petit, Recreation and Parks Director, gave a report Council Discussion MOTION by Mayor Pro Tem Boyles, SECONDED by Council Member Pirsztuk to approve Option #2 (outlined in staff report), as amended; removing two Council Members. MOTION DEFEATED BY A VOICE VOTE. 2/3 YES: Pirsztuk Boyles NO: Brann Dugan Fuentes MOTION by Mayor Pro Tem Boyles, SECONDED by Council Member Brann to approve Option #2 (outlined in staff report), as amended; removing two Council Members, adding a Chevron representative, (via EDAC or in addition to) and a golf course subcommittee member. Timeline removed from the option. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Brann Fuentes Pirsztuk NO: Dugan Council discussion regarding the timeline for determining and establishing the RFP. Council consensus to move up the timeline as determined by the task force once the task force is completely formed. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO.6 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. Approve Warrant Numbers 3018515 through 3018660 and 9000129 through 9000131 on Register No. 2 in the total amount of $936,396.97 and Wire Transfers from 10/09/17 through 10/22/17 in the total amount of $2,712,191.80. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 6. Approve Regular City Council Meeting Minutes of October 17, 2017. 7. PULLED BY COUNCIL MEMBER PIRSZTUK 8. Accept as complete the Fire Station 1 Apparatus Bay Doors Replacement Project and authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. Project No. PW 15-23B (Fiscal Impact: $199,661.94) MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Boyles approving Consent Agenda items 5, 6, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEM: 7. Consideration and possible action to award a standard Public Works Contract to NoHo Constructors, in a form approved by the City Attorney, for construction of the Recreation Park Picnic Shelter, Project No. PW 16-15. (Fiscal Impact: $65,260.00, plus $30,000.00 Los Angeles County Regional Park and Open Space District Grant) Council Discussion Meredith Petit, Recreation and Parks Director, answered Council questions. MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tem Boyles to authorize the City Manager to execute a standard Public Works Contract No. 5421 to NoHo Constructors, in a form approved by the City Attorney, for construction of the Recreation Park Picnic Shelter, Project No. PW 16-15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 NEW BUSINESS . Consideration and possible action to introduce an ordinance amending the El Segundo Municipal Code to regulate the operation of drones from within public parks and from the public rights-of-way and other public property. (Fiscal Impact: None) MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO. 7 Greg Carpenter, City Manager, introduced the item. Mark Hensley, City Attorney, reported on the item. Council Discussion Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1562 AN ORDINANCE ADDING C HAPTER 9 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE AND AMENDING SECTION 10-1-4 OF THE MUNICIPAL CODE TO REGULATE THE OPERATION OF UNMANNED AIRCRAFT, INCLUDING DRONES, IN PUBLIC PARKS AND ON PUBLIC PROPERTY THROUGHTOUT THE CITY Mayor Pro Tem Boyles introduced the Ordinance. 10. Consideration and possible action to adopt a Resolution authorizing participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager as the City's Plan Administrator, and authorizing the City Manager to execute the documents to implement the Program. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Joe Lillio, Finance Director, reported on the item. Council Discussion MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tem Boyles to adopt Resolution No. 5057 and authorize the City Manager, or his designee, subject to the review and approval of the City Attorney, to sign all necessary documents. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action to receive and file an informational report regarding Mayor pro tem Boyles and the City's Director of Finance attending the CalPERS workshop and board meeting on November 14 & 15. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Joe Lillio, Finance Director, gave a presentation. Council consensus to receive and file the report. MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO. 8 G. REPORTS — CITY MANAGER - None H. REPORTS — CITY ATTORNEY— Mentioned the Park Vista item that was presented in October, will be brought back to Council for discussion at a meeting in early December. I. REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER — Not Present K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Mentioned the new Da Vinci High School opens tomorrow, Wednesday, November 8, 2017. 12. Consideration and possible action to establish a new interview and selection process for new members of the Arts and Culture Advisory Committee that allows the current committee members to interview and make final selections. (Fiscal Impact: None) Council Member Brann introduced the item. Council Discussion No motion due to lack of support for the item. Council Member Pirsztuk — None Council Member Dugan — None Mayor Pro Tem Boyles —Attended a meeting with State Senator Ben Allen today and discussed various items of concern to the City of EI Segundo, kudos to those involved with the Halloween Frolics and mentioned the DWP has given permission to wrap the tank along Grand Avenue, along with some financial support. Mayor Fuentes —Attended Halloween Frolics and commented on the event, will be attending Da Vinci High School's Grand Opening, will be volunteering at the LAX Aviation Career Day, attended the Shake Shack opening, attended the South Bay Aerospace Alliance and the COG, attended a dinner at the home of General John Thompson and attended the Chamber's Salute to the Military event. PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) Scot Nicol, resident, spoke concerning Candy Cane Lane and how the event affects the 1100 block of East Acacia during the month of December. Sally Martin, resident and Chair of the Arts and Culture Advisory Committee, commented on item #K12 regarding the committee. MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO.9 MEMORIALS — Christopher William Kelly ADJOURNMENT at 10:44 PM Trac W.y _e .... .. ' City Clerk . .m... rk MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 7,2017 PAGE NO. 10