2018 Aug 21 - CC MIN MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2018 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Pro Tem Pirsztuk at 6:01 PM (Opened at 6:00 PM due to a
lack of quorum at 5:00 PM),
ROLL CALL
Mayor Boyles Absent
Mayor Pro Tem Pirsztuk Present
Council Member Brann 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 Pro Tem Pirsztuk 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): -4- matters
1. Achambault v. City of EI Segundo, WCAB Case Nos. 79049(39, 53 and 56)
2. James v. City of EI Segundo, WCAB Case No. ADJ 10523289
3. Turnbull v. City of EI Segundo WCAB and Cal PERS Matter
4. Houston v. City of EI Segundo, Los Angeles County Civil Service Commission
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matters.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters
MINUTES OF THE REGULAR COUNCIL MEETING
AUGUST 21,2018
PAGE NO. 1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters
1. Public Employee Performance Evaluation
Title: City Manager
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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, Professional Employees Association; City Employee
Association; and Executive and Management/Confidential Employees
(unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg
Carpenter and Human Resources Director.
Adjourned at 6:55 PM
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AUGUST 21, 2018
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2018 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Pro Tem Pirsztuk at 7:00 PM
INVOCATION — Pastor Chuck Brady, St. John's Lutheran Church
PLEDGE OF ALLEGIANCE — Council Member Pimentel
PRESENTATIONS
a) Presentation by Chief Donovan introducing Firefighter Matthew Goodenough.
b) Proclamation read by Council Member Nicol, recognizing Jose Zambrano's for
his incredible efforts, dedication, endurance, physical and mental toughness and
his compassion towards the 19 Granite Hotshots killed in the line of duty. Jose
ran from Los Angeles to Yarnell, Arizona to honor the Hotshots.
C) Presentation by Chief Whalen will introduce the EI Segundo Police Department
Cadets; Michael Drohan, Nicole Reppucci, Anthony Gomez, Tanner Griffin,
Ahmed Faraz, Tommy Tran, Jonathan Pena, Joseline Heredia and Brandon
Mendoza.
ROLL CALL
Mayor Boyles Absent
Mayor Pro Tem Pirsztuk Present
Council Member Brann 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)
Ron Swanson, resident, commented on the quality of our Fire and Police Departments
and mentioned he watched Jose Zambrano's run via the internet. Mr. Swanson also
invited the City employees and Council to a luncheon on September 11, 2018 to honor
our employees and to honor the lives lost on 9/11.
Paul Lanyi, resident, commented on item #5, the Social Host Ordinance and asked
Council to vote 'yes' on the Ordinance.
Chris Cagle, representative with the SBWIB (South Bay Workforce Investment Board),
gave a quarterly report.
Joy Akoi, resident and Heal the Bay volunteer, mentioned EI Segundo Beach had a #1
rating this year! Ms. Akoi also invited the community to the National Coastal Clean-Up
event to be held on Saturday, September 15, 2018.
Cheryl Smith, resident and ES Council PTA President, commented on item #5, the
Social Host Ordinance and encouraged the Council to vote 'yes' on the Ordinance.
MINUTES OF THE REGULAR COUNCIL MEETING
AUGUST 21, 2018
PAGE NO. 3
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 Council Member Nicol 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)
ITEMS #1 AND #2 OPENED SIMULTANEOUSLY
Council Member Nicol recused himself from the dais due to possible conflict of interest.
1. Consideration and possible action regarding Environmental Assessment No. EA-
1011, General Plan Amendment No. GPA 13-01, Zone Change No. ZC 13-01,
and Zone Text Amendment No. ZTA 13-01 for the Smoky Hollow Specific Plan
update project. (Applicant: City of EI Segundo)
Address: Smoky Hollow
(Fiscal Impact: None with this action)
2. Consideration and possible action regarding City Council approval of
Environmental Assessment No. EA-1198 and Zone Text Amendment No. ZTA
17-06 to establish a parking in-lieu fee program in the Smoky Hollow area and
adopt a parking in-lieu fee. (Applicant: City of EI Segundo) Address: Citywide
(Fiscal Impact: None with this action)
Mayor Pro Tem Pirsztuk stated this was the time and place to conduct a public hearing
regarding Environmental Assessment No. EA-1011, General Plan Amendment No. GPA
13-01, Zone Change No. ZC 13-01, and Zone Text Amendment No. ZTA 13-01 for the
Smoky Hollow Specific Plan update project and regarding City Council approval of
Environmental Assessment No. EA-1198 and Zone Text Amendment No. ZTA 17-06 to
establish a parking in-lieu fee program in the Smoky Hollow area and adopt a parking
in-lieu fee.
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 both items.
Gregg McClain, Planning Manager, gave a presentation and answered Council
questions on both items.
Genevieve Sharrow, Project Manager, with MIG, Inc. gave a presentation regarding the
Environmental Impact Report (EIR).
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PAGE NO. 4
Recessed at 8:33 PM
Reconvened at 8:38 PM
Public comment:
Ron Swanson, resident and property owner in Smoky Hollow, commented on the
removal of the R3 Overlay and how it will effect his property.
Geri Bauer, Smoky Hollow property owner, asked for clarification on the Parking In-Lieu
program.
Colonel Brian Yori, resident on Grand Ave., commented on the residents that live on
Grand Ave. should be able to park on the street during the week without parking
restrictions.
Kim Christensen, representing Sandstone Properties, stated they are in favor of the
Smoky Hollow plan, as well as the Community Benefit Program.
Mayor Pro Tem Pirsztuk asked Ryan Baldino, Planning Commission Chairman to speak
on behalf of the proposed Smoky Hollow Specific Plan.
Mayor Pro Tem Pirsztuk closed the public hearing.
Council Discussion
Council Member Pimentel asked Brian Marchetti, AICP, VP/Senior Planner with KOA to
speak regarding speed concerns on EI Segundo Blvd. and how the parking plan would
influence this and speak to the topic of North/South parking and the extra spaces it
would create.
Council consensus directed staff to reevaluate the 50' height component, the possibility
of parking on EI Segundo Blvd. and to reinstate the R3 Overlay for buildings/properties
on the North side of Grand Ave. Due to this direction; Council will continue the public
hearing to the September 18, 2018 Council meeting.
MOTION by Council Member Brann, SECONDED by Council Member Pimentel to
continue the public hearing regarding items #131 and #132 to the September 18, 2018
regular City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Council Member Nicol returned to the dais.
ITEM#C5 MOVED BETWEEN THESE TWO ITEMS FOR SAKE OF TIME
3. Consideration and possible action to amend various sections of the EI Segundo
Municipal Code (ESMC) Title 15 (Zoning Code) to: (1) update and introduce new
definitions related to measuring building height, (2) establish new zoning code
standards for measuring the maximum height of buildings, and (3) allow the
Director to approve an adjustment to the maximum building height by up to 5
feet, pursuant to ESMC Chapter 15-24. Adopting this Ordinance is categorically
exempt from further CEQA review under CEQA Guidelines § 15303 as a Class 3
(new construction or conversion of small structures), § 15304 as a Class 4 (minor
alteration to land), and does not constitute a "project" that requires environmental
MINUTES OF THE REGULAR COUNCIL MEETING
AUGUST 21, 2018
PAGE NO. 5
review in accordance with CEQA Guidelines § 15061(b)(3), because the
proposed zone text amendment establishes new definitions and provisions for
measuring building height. The proposed Ordinance constitutes an action that
does not have the potential to cause significant effects on the environment and is
therefore exempt from the provisions of CEQA. (Applicant: City of EI Segundo).
(Fiscal Impact: None)
Mayor Pro Tem Pirsztuk stated this was the time and place to conduct a public hearing
regarding amending various sections of the EI Segundo Municipal Code (ESMC) Title
15 (Zoning Code) to: (1) update and introduce new definitions related to measuring
building height, (2) establish new zoning code standards for measuring the maximum
height of buildings, and (3) allow the Director to approve an adjustment to the maximum
building height by up to 5 feet, pursuant to ESMC Chapter 15-24. Adopting this
Ordinance is categorically exempt from further CEQA review under CEQA Guidelines §
15303 as a Class 3 (new construction or conversion of small structures), § 15304 as a
Class 4 (minor alteration to land), and does not constitute a "project" that requires
environmental review in accordance with CEQA Guidelines § 15061(b)(3), because the
proposed zone text amendment establishes new definitions and provisions for
measuring building height. The proposed Ordinance constitutes an action that does not
have the potential to cause significant effects on the environment and is therefore
exempt from the provisions of CEQA. (Applicant: City of EI Segundo).
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.
Gregg McClain, Planning Manager, gave a presentation and answered Council
questions on the item.
Public comment:
Mark S (unable to determine last name), spoke on behalf of his client and the need to
change the height definition, in order to underwrite the 400 car parking garage his client
plans to build.
Kim Christensen, representing Sandstone Properties, in favor of the plan zone changes
to the Smoky Hollow Specific Plan.
Mayor Pro Tem Pirsztuk closed the public hearing.
Council Discussion
Mark Hensley, City Attorney, read by title only:
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AUGUST 21, 2018
PAGE NO.6
ORDINANCE NO. 1571
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE EL SEGUNDO
MUNICIPAL CODE (ESMC) IN TITLE 15 TO REDEFINE HOW BUILDING HEIGHT IS
MEASURED, AND TO ALLOW THE DIRECTOR TO APPROVE ADJUSTMENTS TO
THE ALLOWABLE BUILDING HEIGHT.
Council Member Brann introduced Ordinance No. 1571. The second reading and
adoption of the Ordinance is scheduled for September 4, 2018 at the regular meeting of
the City Council.
4. Consideration and possible action regarding Environmental Assessment No. EA-
1228, Zone Text Amendment No. ZTA 18-03 to add Chapter 30 to Title 15
(Zoning Regulations) of the Municipal Code to require a discretionary Site Plan
Review Permit for specified types of development. (Fiscal Impact: None)
Mayor Pro Tem Pirsztuk stated this was the time and place to conduct a public hearing
regarding Environmental Assessment No. EA-1228, Zone Text Amendment No. ZTA
18-03 to add Chapter 30 to Title 15 (Zoning Regulations) of the Municipal Code to
require a discretionary Site Plan Review Permit for specified types of development.
Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had been received in the City Clerk's office.
Greg Carpenter, City Manager, introduced the item.
Gregg McClain, Planning Manager, gave a presentation and answered Council
questions on the item.
Public comment: None
Mayor Pro Tem Pirsztuk closed the public hearing.
Council Discussion
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
APPROVING ZONE TEXT AMENDMENT NO. ZTA 18-03 ADDING CHAPTER 30 TO
TITLE 15 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO REQUIRE A
DISCRETIONARY SITE PLAN REVIEW PERMIT FOR SPECIFIED TYPES OF
DEVELOPMENT.
Council Member Nicol introduced Ordinance No. 1572. The second reading and
adoption of the Ordinance is scheduled for September 4, 2018 at the regular meeting of
the City Council.
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AUGUST 21, 2018
PAGE NO. 7
C. UNFINISHED BUSINESS
MOVED 1N BETWEEN ITEMS #B2 AND #B3 AT THE REQUEST OF
MAYOR PRO TEM PIRSZTUK.
5. Consideration and possible action to introduce Ordinance No. 1567 to prohibit
gatherings where underage drinking or illegal drug use occurs.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Bill Whalen, Police Chief, reported on the item.
Council Discussion
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1567
AN ORDINANCE ADDING CHAPTER 13 TO TITLE 7 OF THE EL SEGUNDO
MUNICIPAL CODE PROHIBITING THE HOSTING, PERMITTING OR ALLOWING OF
GATHERINGS AT WHICH PERSONS UNDER 21 YEARS OF AGE ARE CONSUMING
ALCOHOLIC BEVERAGES OR USING MARIJUANA ILLEGALLY.
Council Member Nicol introduced Ordinance No. 1567. The second reading and
adoption of the Ordinance is scheduled for September 4, 2018 at the regular meeting of
the City Council.
SPECIAL NOTE REGARDING ORDINANCE HISTORY TO CITY COUNCIL
1567 06/05/18 (FIRST READING)
06/13/18 (SECOND READING CONTINUED TO 07/17/18)
07/17/18(SECOND READING CONTINUED TO 08/21/18)
08/21/18 (2 ND FIRST READING ('S16.\4F16.4NT CHANGES TO ORDINANCE TO
CAUSE 2,"D FIRST READING))
No vote on the proposed Resolution at this time. Resolution will be brought back for
adoption at the second reading scheduled for September 4, 2018.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
6. Consideration and possible action to announce the appointment to the Arts and
Culture Advisory Committee.
(Fiscal Impact: None)
Mayor Pro Tem Pirsztuk announced Tyler Leisher to a partial term expiring June 30,
2019 to the Arts and Culture Advisory Committee.
E. CONSENT AGENDA
MINUTES OF THE REGULAR COUNCIL MEETING
AUGUST 21, 2018
PAGE NO. 8
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.
7. Approve Warrant Numbers 3022268 through 3022451 and 9000494 through
9000532 on Register No. 21 in the total amount of $826,135.56 and Wire
Transfers from 7/30/18 through 8/12/18 in the total amount of$3,585,445.01.
Ratified Payroll and Employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and/or adjustments; and wire
transfers.
8. Approve Regular City Council Meeting Minutes of July 17, 2018, Special City
Council Joint with the Economic Development Advisory Committee (EDAC)
Minutes of July 18, 2018 and Regular City Council Minutes of August 7, 2018.
9. Accept as complete the Recreation Park Picnic Shelter and authorize the City
Clerk to file a Notice of Completion in the County Recorder's Office. Project No,
PW 16-15.
(Fiscal Impact: $90,448.00)
10. PULLED BY COUNCIL MEMBER NICOL
11.Approve a budget appropriation of $8,500 and transfer from the General Plan
Maintenance Fund (GPMF) to provide additional environmental services related
to the Smoky Hollow Specific Plan Update Project and authorize the City
Manager to execute an amendment no. 4664C to the existing agreement with
MIG, Inc. (Fiscal Impact: $8,500.00)
MOTION by Council Member Brann, SECONDED by Council Member Nicol approving
Consent Agenda items 7, 8, 9, and 11. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0
PULLED ITEMS:
10. Consideration and possible action to authorize the City Manager to a) increase
the Planning and Building Safety Department budgets for professional/technical
services by $120,000, and b) increase the contract amounts of the following
consultants: J Lee Engineering, Inc. (Building Safety) amendment no. 3790P for
$70,000 and Michael Baker International (Planning) amendment no. 4959E for
$50,000, which are necessitated by an unexpected high volume of plan checks
and building permits. The additional funding is proposed to come from revenue
generated by plan check and permit fees, which are projected to be
approximately $600,000 over the budgeted estimate by the end of the fiscal year.
(Fiscal Impact: $120,000.00)
Council asked staff questions concerning the item. Greg Carpenter, City Manager and
Sam Lee, Planning and Building Safety answered the questions of Council.
MINUTES OF THE REGULAR COUNCIL MEETING
AUGUST 21, 2018
PAGE NO. 9
Council discussion
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel,
approving the $120,000.00 increase in professional/technical services for J. Lee
Engineering, Inc. and Michael Baker International for the Planning and Building Safety
department. MOTION PASSED BY VOICE VOTE. 3/1 Yes: Nicol Pimentel Pirsztuk No;
Brann
F. NEW BUSINESS
F, REPORTS — CITY MANAGER - Passed
G. REPORTS — CITY ATTORNEY — Next meeting will bring forward information on
solid waste legislation and regulations and will also give an update on bills that
will be coming out of Sacramento in the coming months.
H. REPORTS — CITY CLERK — Passed
I. REPORTS — CITY TREASURER — Not Present
J. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel — Thanked staff for the their hard work on recent Agenda
items and the future items coming up in the next few meetings and thanked all that
contribute to all the "cool" City events.
Council Member Nicol —Thanked all who were involved the Main Street Car Show over
the weekend and mentioned the School Bond Measure ES will be on the ballot in
November.
Council Member Brann — Passed
Mayor Pro Tem Pirsztuk — Congratulated the Art Walk on a successful summer event,
thanked the POA and others for a great Main Street Car Show and mentioned surfing is
now the official sport of California.
Mayor Boyles —Absent
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Colonel Brian Yori, resident, commented on the Art Walk, loved it and would like to
make it an event until December, possibly one a month from September to December.
MEMORIALS — None
ADJOURNMENT at 10:20 PM
0WOZ),
Tracy WeaW'j City Clerk
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AUGUST 21, 2018
PAGE NO. 10