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2019 Jul 16 - CC MINMEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 16, 2019 — 4:00 PM CALL TO ORDER — Mayor Boyles at 4:07 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: Appoint Council Members Nicol and Pimentel as real property negotiators for purposes of negotiating with TopGolf USA EI Segundo, LLC and ES CenterCal, LLC with respect to lease terms regarding the Lakes golf course and driving range located at 400 S. Pacific Coast Highway, EI Segundo, California, for purposes of having the driving range operated as TopGolf facility and the golf course being operated as a public golf course (Council Members Nicol and Pimentel were previously appointed to a subcommittee for the purpose of making a recommendation as to which entity the City should negotiate with and for purposes of proceeding with negotiations. This was placed on the agenda to ensure all Brown Act requirements were met before the Council discussed the matter in closed session. Council Discussion MOTION by Mayor Boyles, SECONDED by Mayor Pro Tem Pirsztuk appointing Council Members Nicol and Pimentel as real property negotiators. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Nicol Pimentel Pirsztuk NO: Brann 2. Consideration and possible action to interview candidates of the Arts and Culture Advisory Committee. (Fiscal Impact: None) Council interviewed candidates. The following candidates were approved; Jeff Cason, Maureen Kingsley, Mark Knight, Natalie Strong and Michael Kreski. The appointments will be announced at the August 6, 2019 regular City Council meeting. Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 1 OF 10 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): -0- matters 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): -1- matters Performance Review Position: City Attorney 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): -1- matters 1. Property: The Lakes golf course and driving range located at 400 S. Pacific Coast Highway, EI Segundo, California. Agency negotiator: Council Members Nicol and Pimentel Negotiating parties: TopGolf USA EI Segundo, LLC, and ES CenterCal, LLC. Under Negotiation: Price and terms of payment. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -4 - matters Employee Organizations: Police Management Association; Police Support Services Employees Association; Supervisory, Professional Employees Association; and Executive and Management/Confidential Employees (unrepresented groups). MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 2 OF 10 Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Scott Mitnick and Human Resources Director, David Serrano. Adjourned at 5:55 PM MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 3 OF 10 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 16, 2019 - 6:00 P.M. CALL TO ORDER — Mayor Boyles at 6:00 PM INVOCATION — Pastor Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Boy Scout Troop 267 PRESENTATIONS - None 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) Michael Bell, resident and Rotary representative, invited the community to Movie in the Park at Chevron Park on Saturday, August 3, 2019. This year's movie is Spiderman! Ryan Baldino, resident, asked questions of the Council regarding the meeting; will item #C be pulled for discussion and is the Percent for the Arts a Public Hearing? Yes to both questions. Schuh, resident, commented on Short Term Rentals; suggested moving the discussion to September, not in favor of STR's and felt Planning Commission wasn't prepared to discuss STR's at the last Planning Commission meeting. Troop 267 Leader thanked the Council for having them this evening. CITY COUNCIL COMMENTS — (Related to Public Communications) Scott Mitnick, City Manager, commented on speaker #3 A. APPROVE ORDER OF THE AGENDA MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel to move item #13 after item #11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Nicol, SECONDED by Mayor Pro Tem Pirsztuk to move items #9 and #10 to before Consent Agenda. MOTION PASSED BY VOICE VOTE. 4/1 YES Boyles Nicol Pimentel Pirsztuk NO Brann B. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 4 OF 10 MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to approve the order of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 (Items #9 and #10 moved per Council direction) D. PUBLIC HEARINGS 9. Consideration and possible action regarding approving an amendment to the General Plan and Zoning Ordinance to change the site's land use and zoning designations from Commercial Center to Urban Mixed -Use South, approve a 10 - year Development Agreement, Certify an Environmental Impact Report and adopt Statement of Overriding Considerations. The project site is located at 2021 Rosecrans Avenue, EI Segundo, California 90245. (Fiscal Impact: TBD) Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding an amendment to the General Plan and Zoning Ordinance to change the site's land use and zoning designations from Commercial Center to Urban Mixed -Use South, approve a 10 -year Development Agreement, Certify an Environmental Impact Report and adopt Statement of Overriding Considerations. The project site is located at 2021 Rosecrans Avenue, EI Segundo, California 90245. City Clerk Weaver stated a clerical mistake was made on the staff report; the address should read 2021 Rosecrans Avenue, not 2041 Rosecrans Avenue. The address was corrected in the minutes and Mayor Boyles stated the correct address. 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. MOTION by Council Member Nicol, SECONDED by Council Member Brann to continue the public hearing at the applicant's request to the August 6, 2019 regular City Council meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 10. Consideration and possible action regarding the introduction of an Ordinance amending Title 3 of the EI Segundo Municipal Code to establish a Cultural Development Fund and Cultural Development Fee (otherwise known as a "Percent for Arts" fee). The proposed ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.), because it can be seen with certainty that there is no possibility that the proposed ordinance will have a significant effect on the environment. (Fiscal Impact: Approximately $1,000,000 in fee revenues per year) Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding introduction of an Ordinance amending Title 3 of the EI Segundo Municipal Code to establish a Cultural Development Fund and Cultural Development Fee (otherwise known as a "Percent for Arts" fee). MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 5OF10 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. Scott Mitnick, City Manager, introduced Melissa McCollum as the presenter for the item. Melissa McCollum, Library Director, Jeff Cason, Arts and Culture Advisory Committee, Eva Sweeney, Arts and Culture Advisory Committee and Sam Lee, Planning and Building Safety Director gave a presentation on the item. Public Comment: None Council consensus to continue the Public Hearing to the September 17, 2019 regular City Council meeting. Council Discussion Council consensus directing staff to raise the baseline/threshold, possible tiered cap and possibly charging a nominal fee. Staff will work with the Arts and Culture Advisory Committee to make suggested changes and report back on September 17, 2019 with an updated Ordinance C. 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. Approve Warrant Numbers 3026500 through 3026648 and 9000988 through 9000988 on Register No. 18a in the total amount of $960,690.78 and Wire Transfers from 6/10/19 through 6/16/19 in the total amount of $2,339,929.89. Warrant Numbers 3026649 through 3026730 and 9000989 through 9000989 on Register No. 18b in the total amount of $255,442.33 and Wire Transfers from 6/17/19 through 06/23/19 in the total amount of $417,127.14. Warrant Numbers 3026731 through 3026827 on Register No. 19a in the total amount of $683,877.83 and Wire Transfers from 6/24/19 through 6/30/19 in the total amount of $290,209.62. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 2. Approve Special City Council Meeting Minutes (Budget Study Workshop #1) of June 14, 2019 and Regular City Council Meeting Minutes of June 18, 2019. • MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 6 OF 10 6. Waive the bidding process and authorize the City Manager to execute Agreement No. 5739, in a form approved by the City Attorney, to purchase one new Caterpillar Wheel Loader to replace the existing unit in Public Works that is overdue for replacement and can no longer be used in California after 2019. (Fiscal Impact: $172,693.99) 7. PULLED BY COUNCIL MEMBER PIMENTEL 8. Authorize the City Manager to sign an amendment to existing professional services Agreement No. 5480A, in a form approved by the City Attorney, for the purchase of background review services for potential new employees with Lawles Enterprises, Inc., not to exceed $60,000.00. (Fiscal Impact: None) MOTION by Council Member Brann, SECONDED by Council Member Pimentel to approve Consent Agenda items 1, 6, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. PULLED ITEMS: 3. Consideration and possible action regarding approval of an amendment to Environmental Assessment No. EA -1154, amendment to Specific Plan No. SP 16-01, amended and restated conditions of approval and a Second Amendment to Development Agreement No. DA 16-01, amending the requirement that the developer provide six affordable units for low, very low and extremely low qualified households within the residential development to increase the number of affordable units to eight and to allow the eight units to be purchased by qualified moderate income households. An Addendum to the Environmental Impact Report (EIR) for the development project was certified by the City Council on September 28, 2016. (Applicant: DR Horton CA2, Inc.). (Fiscal Impact: As part of the proposed amendment, the developer has agreed to provide the City an additional $100,000 for the City's costs of administering the program for two additional units.) Mayor Boyles introduced the item Ryan Baldino, resident, commented on the item regarding those homeowners affected by the DR Horton project. Darryl Sequeira, DR Horton, Director of Forward Planning, encouraged Council to adopt the Ordinance No. 1586 as amended. Council discussion MOTION by Mayor Pro Tem Pirsztuk, NO SECOND was made. MOTION FAILED. Ordinance No. 1586 was not amended. MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 7OF10 4. Consideration and possible action regarding a request for an operation permit at 150 South Pacific Coast Highway for Bitcar an automobile transportation service focused on serving travelers from China. EA -1251 and MISC 19-01. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities). Applicant: George Qiao on behalf of Bitcar (Fiscal Impact: None) Mayor Boyles introduced the item Mark Hensley, City Attorney, answered Mayor Pro Tem Pirsztuk's question regarding garaging/housing of the cars. Council Discussion MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Mayor Boyles to receive and file the report without objecting to the issuance of a permit. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 5. Consideration and possible action to adopt a Resolution approving Plans and Specifications for Construction of American with Disabilities Act (ADA) Compliant Parking Facilities Improvements for the Community Development Block Grant Project (CDBG Project 602064-18). Project No. PW 19-28. Parking lot locations; City Hall Employee Parking Lot, Fire Station #2 Employee Parking Lot, City Hall Public Parking (Holly Avenue), Fire Station #1 Employee Parking Lot, Joslyn Center Public Parking Lot, Gordon Clubhouse Public Parking (Pine Avenue) and EI Segundo Public Library Parking (Mariposa Avenue). (Fiscal Impact: $93,608.00 in CDBG grant funds) Council Member Pimentel introduced the item Council discussion MOTION by Council Member Pimentel, SECONDED by Mayor Boyles to adopt Resolution No. 5156. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 7. Consideration and possible action to approve a resolution authorizing the submittal of an application for competitive grant funds through the Statewide Park Development and Community Revitalization Program (Prop 68) for the Acacia Park and Pool Project (600 Block of West Acacia). (Fiscal Impact: None) Mayor Boyles introduced the item Council discussion MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 8 OF 10 MOTION by Council Member Pimentel, SECONDED by Council Member Nicol to approve Resolution No. 5157. MOTION PASSED BY VOICE VOTE. 4/1. YES Brann Nicol Pimentel Pirsztuk NO Boyles E. UNFINISHED BUSINESS 11. Police recruitment marketing campaign update. Bill Whalen, Chief of Police, gave a report Council Discussion Council Consensus to receive and file the report. G. NEW BUSINESS (Moved up on the agenda per Council direction) 13. 2019 Mid -Year -Crime Summary Report Bill Whalen, Chief of Police, gave a report Ignited, Inc. represented gave a presentation Council Discussion Council Consensus to receive and file the report. F. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 12. Consideration and possible action to announce an appointment to the Recreation and Parks Commission. (Fiscal Impact: None) Mayor Boyles announced the appointment to the Recreation and Park Commission: Lee Davis to a full term expiring May 30, 2023 and Kathryn Watson to a partial term expiring May 30, 2020. H. REPORTS — CITY CLERK — No report REPORTS — CITY TREASURER — Not present J. REPORTS — CITY ATTORNEY — Stated the City Attorney's office appeared at the Airport Courthouse today regarding the 416 Virginia Street property for the criminal misdemeanor case proceeding to trial. Property owner plead no contest to two (2) counts and will be in a compliance diversion program for twelve (12) months, must comply with all municipal code sections and is under a requirement to evict the tenant in the garage, pay the $7500.00 in outstanding fines and will be under probation and if there are further violations will be immediately subject to court enforcements. The MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 9 OF 10 garage tenant will go to trial August 7, 2019 unless other arrangements are made. The Attorney's office will alert the neighbors that were witnesses. K. REPORTS — CITY COUNCIL MEMBERS Council Member Pimentel — No report Council Member Nicol — Commended the City on a wonderful Fourth of July Celebration and event, thanked the Community groups for their participation and thanked Meredith Petit and her staff for a great job. Council Member Brann — Officially welcomed our new City Manager, Scott Mitnick and shouted out to the main sponsors, Chevron, Inc. and Bill Ruane, realtor, of the event. Mayor Pro Tem Pirsztuk — Shout out to Dr. Brann for providing the Hawaiian shirts worn by the Council this evening, thanked the Recreation and Parks Department for a great Fourth of July event and also thanked them for the great camps going on around town, reminded the community to use the Beach Shuttle, reminded the community the Artwalk is Thursday, July 18, mentioned the Concerts in the Park are well attended, thanked the Police Department for acting as a liaison between the Lueck's and the Salt Lake City Police Department and ended with a moment of silence for McKenzie Lueck. Mayor Boyles — No report L. REPORTS — CITY MANAGER — Honor and a privilege to serve as EI Segundo's City Manager, enjoyed the Fourth of July, mentioned the Budget Session will be held Wednesday, July 17, upcoming items for regular City Council meeting on August 6th; Beach Cities Campus, Short Term Rentals, Wireless antennas in the public right away and Sidewalk Policy. Working with the Clerk's office to provide a more comprehensive and long term agenda forecast and reminded the community slurry sealing will take place from July 18th — 24th, please review the Website for the areas that will be impacted. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None MEMORIALS — None ADJOURNMENT at 8:02 PM Tracy Weav , City Clerk MINUTES OF THE REGULAR COUNCIL MEETING JULY 16, 2019 PAGE 10 OF 10