2018 Nov 06 - CC MIN MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 6, 2018 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 5:00 PM
ROLL CALL
Mayor Boyles Present
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 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:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -1- matters
1. Stolnack v. City of EI Segundo, Worker's Compensations Appeals Board, Case
No. 10797812
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.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
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PAGE NO. 1
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
1. Position: City Manager
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
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 6:50 PM
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PAGE NO.2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 6, 2018 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 7:00 PM
INVOCATION — Pastor Chuck Brady, St. John's Lutheran Church
PLEDGE OF ALLEGIANCE — Council Member Pimentel
PRESENTATIONS
a) Proclamation read by Council Member Nicol proclaiming EI Segundo Fire
Department's annual Spark of Love Toy Drive from November 12, 2018 —
December 20, 2018. Fire Chief Donovan accepted the Proclamation on behalf of
the EI Segundo Fire Station Department.
ROLL CALL
Mayor Boyles Present
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)
Jim Holland, OneLegacy Ambassador, invited Council to attend the December 12, 2018
OneLegacy meet and greet for the One Legacy's 2019 Donate Life Rose Parade Float
(Rhythm of the Heart) Participants.
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 Pirsztuk 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)
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1. Consideration and possible action to 1) conduct a Public Hearing related to the
Proposition 218 majority protest process to establish a maximum $20 monthly
fee upon eligible residential dwellings for solid waste collection services; 2) close
the Public Hearing and adopt a resolution to certify the protest ballot results; and
3) if a majority protest does not exist, set the date to consider introducing an
ordinance establishing the new fee.
(Fiscal Impact: up to $775,200 savings to the General Fund)
Mayor Boyles stated this was the time and place for a Public Hearing regarding the
Proposition 218 majority protest process to establish a maximum $20 monthly fee upon
eligible residential dwellings for solid waste collection services, adopt a resolution to
certify the protest ballot results and if a majority protest does not exist, set the date to
consider introducing an ordinance establishing the new fee.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication has been received in the City Clerk's office and council was
copied.
Greg Carpenter, City Manager, introduced the item.
Ken Berkman, Public Works Director, gave an updated report on the item.
Public Comment:
Mike Robbins, resident, commented on the item and is not in favor of the proposed solid
waste collection services. Mostly commented on Safety salaries and pensions.
Steve Hostetler, resident, asked two questions of the Council. 1) Why the proposed
fees at this time and 2) Why has the City not charged the fees in the past? Greg
Carpenter, City Manager, answered the questions. Commented on the pensions
mentioned by Mr. Robbins.
John (last name unknown), resident, commented on the pensions mentioned by Mr.
Robbins.
Mayor Boyles stated this is the time to hand any and all outstanding protest ballots to
the City Clerk, once the Public Hearing is closed, no ballots may be received.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Item Continued until all Prop 218 Protest Ballots are verified and counted.
2. Consideration and possible action regarding Environmental Assessment No. EA-
1199 and Zone Text Amendment No. ZTA 17-07 to amend the EI Segundo
Municipal Code (ESMC) prohibiting almost all commercial marijuana activity in
accordance with State Law. The adoption of this ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. §
15061(b)(3) because can be seen with certainty that there is no possibility that
the ordinance will have a significant effect on the environment. In addition to the
foregoing general exemption, the following categorical exemption applies: 14
MINUTES OF THE REGULAR COUNCIL MEETING
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PAGE NO. 4
Cal. Code Regs. § 15308 (actions taken for the protection of the environment),
(Applicant: City of EI Segundo)
(Fiscal Impact: None)
Mayor Boyles stated this was the time and place for a public hearing regarding
Environmental Assessment No. EA-1199 and Zone Text Amendment No. ZTA 17-07 to
amend the EI Segundo Municipal Code (ESMC) prohibiting almost all commercial
marijuana activity in accordance with State Law. The adoption of this ordinance is
exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code
Regs. § 15061(b)(3) because can be seen with certainty that there is no possibility that
the ordinance will have a significant effect on the environment. In addition to the
foregoing general exemption, the following categorical exemption applies: 14 Cal. Code
Regs. § 15308 (actions taken for the protection of the environment). (Applicant: City of
EI Segundo)
(Fiscal Impact: None)
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office. (Council received
individual letters from the Vice Chair of the Planning Commission, Brenda Newman, this
was unknown to the City Clerk's office at the time of the Hearing).
Greg Carpenter, City Manager, introduced the item.
Paul Samaras, Principal Planner, gave a presentation.
Public Comment: None
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
Ryan Baldino, Planning Commission Chair, answered Council questions. Mr. Baldino
was asked to speak per Council Member Nicol.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AMENDING TITLE 15, CHAPTER 13B OF THE EL SEGUNDO MUNICIPAL CODE
PROHIBITING CANNABIS-RELATED USES AND ACTIVITIES IN ALL ZONES AND
SPECIFIC PLAN AREAS OF THE CITY
Mayor Pro Tem Pirsztuk introduced Ordinance No. 1577. The second reading and
adoption of the Ordinance is scheduled for November 20, 2018.
Item #1 continued — all protest ballots have been verified and counted.
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PAGE NO.5
Council Discussion
Tracy Weaver, City Clerk, certified the number of protest ballots received.
The following was read into record:
The total number of protest ballots mailed or provided to property owners eligible to file
a protest ballot was 2912. The number of valid protest ballots received by the City at the
end of November 6, 2018 public hearing was 1096. The total number of protest ballots
received that were not properly filled out was 8. The total number of protest ballots
returned as undeliverable was 31. The number of valid protest ballots required to
prevent adoption of the proposed solid waste service charge is 1457. Because the
number of valid protest ballots received by the City does not represent a majority of
property owners eligible to protest, the City Council may adopt the proposed solid waste
service charges.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 5110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DECLARING THE RESULTS OF THE PROCEEDINGS FOR ADOPTING
RESIDENTIAL SOLID WASTE SERVICE CHARGES IN ACCORDANCE WITH
ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to adopt Resolution
No. 5110. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council to discuss when to bring back a possible ordinance,
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to introduce an
Ordinance and establish fees at the 1st regular City Council Meeting in February 2019..
MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Nicol Pimentel Pirsztuk NO:
Brann
C. UNFINISHED BUSINESS
3. Consideration and possible action to authorize the City Manager to execute a 5
year agreement no. 5618, with Granicus, Inc. to provide design, development,
implementation and ongoing hosting and maintenance services for the City's
website redesign project.
(Fiscal Impact: $366,477.00 over 5 years; Year one $216,000.00 total;
$180,265.00 for design and development services and $35,735 (20%) for
contingency; Annual maintenance average of $37,600.00 over the remaining
five-year term of the contract)
Greg Carpenter, City Manager, introduced the item.
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PAGE NO.6
Charles Mallory, Information Systems Director, gave a presentation
Sam Morton, VP of Sales and John Redfern, Rep with Granicus were introduced and
answered Council questions throughout the presentation.
Council Discussion
Recessed at 8:39 PM
Reconvened at 8:50 PM
Council Discussion continued
Chad Hahn, Technology Committee Chair, commented on the Technology committee's
perspective on the website redesign and development.
MOTION by Council Member Brann, SECONDED by Council Member Pimentel
authorizing the City Manager to execute a 5 year agreement with Granicus, Inc., in a
form approved by the City Attorney, to purchase design and development services for
the City's website redesign project. MOTION PASSED BY VOICE VOTE. 4/1 YES:
Boyles Brann Pimentel Pirsztuk NO: Nicol
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4. Consideration and possible action to announce the appointment to the Economic
Development Advisory Council.
(Fiscal Impact: None)
Mayor Boyles announced the appointment of Rick Yuse to the Economic Development
Advisory Council to a term ending January 1, 2021.
4a.Consideration and possible action to direct staff and The Lakes Subcommittee to
enter into negotiations exclusively with Centercal/Topgolf for the redevelopment,
improvement, and operations of The Lakes at EI Segundo Site and to commence
the entitlement process for the future use of the property.
Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Council Discussion
Mark Hensley, City Attorney, answered Council questions concerning land entitlements,
possible timeline and the process that will occur as the City moves forward with the
negotiations with Centercal/TopGolf.
MOTION by Mayor Boyles, SECONDED by Council Member Pimentel directing staff
and The Lakes Subcommittee to enter into negotiations exclusively with
Centercal/Topgolf for the redevelopment, improvement, and operations of The Lakes at
MINUTES OF THE REGULAR COUNCIL MEETING
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PAGE NO 7
EI Segundo Site and to commence the entitlement process for the future use of the
property. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Nicol Pimentel Pirsztuk
NO: Brann
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.
5. Approve Warrant Numbers 3023207 through 3023311 and 9000574 through
9000611 on Register No. 2a in the total amount of $434,615.32 and Wire
Transfers from 10/8/18 through 10/14/18 in the total amount of$5,861,737.01.
Warrant Numbers 3023312 through 3023437 and 9000612 through 900613 on
Register No. 2b in the total amount of $359,845.88 and Wire Transfers from
10/15/18 through 10/21/18 in the total amount of $561,923.63. 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 16, 2018.
7. Authorize the acceptance of $34,000.00 in grant funding from the U.S.
Department of Homeland Security, through the Office of Grants and Training,
under Fiscal Year 2017 State Homeland Security Grant Program (SHSGP) and
authorize the City Manager to sign an Agreement No. 5619 with the County of
Los Angeles who will serve as the grant administrator for the grant.
(Fiscal Impact: $34,000.00)
8. Approve an increase to the construction contingency from $20,696.50 to
$47,696.50, amendment no. 5508A, for the Police Department Floor
Replacement, Project No. PW 18-02.
(Fiscal Impact: $27,000.00)
9. PULLED BY COUNCIL MEMBER NICOL
10.PULLED BY COUNCIL MEMBER NICOL
11.Approve the second reading and adopt an Ordinance No. 1576 amending EI
Segundo Municipal Code §1-6-3, §1-6-4, and §1-6-5 Regarding City
Departments, Exclusions from Civil Service, and Department Heads.
(Fiscal Impact: None)
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Brann
approving Consent Agenda items 5, 6, 7, 8, and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEMS:
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9. Consideration and possible action to accept as complete the Main Street
Bollards, Project No. PW 18-08.
(Fiscal Impact: $134,312.00)
Council Member Nicol asked Ken Berkman, Public Works Director, to speak regarding
the Bollards.
MOTION by Council Member Nicol, SECONDED by Mayor Boyles to accept as
complete the Main Street Bollards, Project No. PW 18-08. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
10. Consideration and possible action regarding the retirement and sale of police
canine, "Leo," to his handler for a nominal fee, agreement no. 5620.
Chief Whalen explained the reason behind the retirement of Leo.
MOTION by Council Member Nicol, SECONDED by Mayor Boyles authorizing the sale
of police canine, "Leo," to his handler for a $1.00. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
F. NEW BUSINESS
12.Consideration and possible action to create an ad-hoc committee, the Gateway
Committee, to determine the vision, goals and scope of the Main Street and
Imperial Highway Entryway Capital Improvement Project.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Meredith Petit, Recreation and Parks Director, gave a report
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to create
the Gateway Committee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
13.Consideration and possible action to receive a status update and information
related to the upcoming design process for Acacia Park.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Meredith Petit, Recreation and Parks Director, gave a presentation,
Council Discussion
Council consensus to receive and file the report.
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PAGE NO.9
14.Consideration and possible action to adopt a City of EI Segundo Social Media
Policy.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Mark Hensley, City Attorney, reported on the item.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 5111
A RESOLUTION ADOPTING A SOCIAL MEDIA POLICY
MOTION by Council Member Brann, SECONDED by Council Member Pimentel to
adopt Resolution No. 5111, amending the language in Section 9.b.i of the Social Media
Policy. The policy will be brought back for further discussion at the December 4, 2018
regular City Council meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
G. REPORTS — CITY MANAGER — Introduced the new HR Director, David Serrano,
mentioned a survey to go out to residents and businesses in the following week
and commented on the 1St annual City Staff Softball game last Saturday,
November 3, 2018.
H. REPORTS — CITY ATTORNEY — Passed
I. REPORTS — CITY CLERK — Passed
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel —Attended a SBWIB (South Bay Workforce Investment
Board) meeting in correlation with Northrop Grumman and community colleges, stated
the SBWIB is an underutilized pipeline for those seeking jobs in all aspects and
especially the Aerospace industry and mentioned it is the 100th Anniversary of the end
of WWI.
Council Member Nicol — Passed
Council Member Brann —Advised everyone to simplify their lives and denounce social
media!
Mayor Pro Tem Pirsztuk —Visited the EVA building, thanked all who voted today and
thanked those who assisted in the elections over the last few weeks and thanked the
Recreation and Parks Department on an amazing Halloween Frolic event on October
31, 2018.
MINUTES OF THE REGULAR COUNCIL MEETING
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PAGE NO. 10
Mayor Boyles — Recently appointed to and attended a meeting of the Southern
California Government Transportation Committee and announced the City of El
Segundo will host the first ever Urban Games in 2019, 2021 and possibly 2023.
PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per
person, 30 minute limit total)
Mike Robbins, resident, commented on the passage of the fees for solid waste
collection services, Measure ES and other items on the ballot voted on today by the
residents. Mr. Robbins made a Public Records request and was advised to put the
request in writing and send to the City Clerk's office.
MEMORIALS — Richard "Dick" Switz
ADJOURNMENT at 11:08 PM
Tracy WVeav�—, City Clerk
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