1 AGENDA EL SEGUNDO CITY COUNCIL
REGULAR MEETING
TUESDAY, MAY 2, 2023
4:00 PM CLOSED SESSION
6:00 PM OPEN SESSION
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tem
Carol Pirsztuk, Council Member
Lance Giroux, Council Member
Ryan W. Baldino, Council Member
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, City Manager
Barbara Voss, Deputy City Manager
Jaime Bermudez, Police Chief
Michael Allen, Community Development Dir.
Jose Calderon, IT Director
Aly Mancini, Recreation, Parks & Library Dir.
Mark Hensley, City Attorney
Joe Lillio, Chief Financial Officer
Deena Lee, Fire Chief
Rebecca Redyk, HR Director
Elias Sassoon, Public Works Dir.
MISSION STATEMENT:
“Provide a great place to live, work, and visit.”
VISION STATEMENT:
“Be a global innovation leader where big ideas take off while maintaining our unique small-town character.”
2 The City Council, with certain statutory exceptions, can only act upon properly posted and listed agenda items. Any writings or documents given to a majority of City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk’s Office during normal business hours. Such documents may also be posted on the City’s website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the agenda, the public can only comment on City-related business that is within the jurisdiction of the City Council and/or items listed on the agenda during the Public Communications portions of the Meeting. Additionally, members of the public can comment on any Public Hearing item on the agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person.
Those wishing to address the City Council are requested to complete and submit to the City Clerk a “Speaker Card” located at the Council Chamber entrance. You are not required to provide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you, properly record your name in meeting minutes and to provide contact information for later staff follow-up, if appropriate.
When a Council Member duly requires AB 2449 teleconferencing to attend the City Council meeting the public will also be able to access the meeting and provide public comment via Zoom. To access Zoom from a PC, Mac, iPad, iPhone, or Android device, use URL https://zoom.us/j/ 81951332052 and enter PIN: 903629 or visit www.zoom.us on device of choice, click on “Join a Meeting” and enter meeting ID: 81951332052 and PIN: 903629. If joining by phone, dial 1-669-900-9128 and enter meeting ID and PIN. To reiterate, attending a City Council meeting by Zoom will only be used when AB 2449 is used.
NOTE: Your phone number is captured by the Zoom software and is subject to the Public Records Act, dial *67 BEFORE dialing in to remain anonymous. Members of the public will be placed in a “listen only” mode and your video feed will not be shared with City Council or members of the public.
REASONABLE ACCOMMODATIONS: In compliance with the Americans with Disabilities Act and Government Code Section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City’s website at https://www.elsegundo.org/government/departments/city-clerk. Please contact the City Clerk’s Office at (310) 524-2308 to make an accommodation request or to obtain a copy of the policy.
3 4:00 PM CLOSED SESSION – CALL TO ORDER / ROLL CALL
PUBLIC COMMUNICATION – (RELATED TO CITY BUSINESS ONLY – 5-MINUTE LIMIT PER PERSON, 30-MINUTE LIMIT TOTAL) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. City Council and/or City Manager will respond to comments after Public Communications is closed.
SPECIAL ORDERS OF BUSINESS
RECESS INTO CLOSED SESSION: City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with City’s Real Property Negotiator; and/or conferring with City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with City’s Labor Negotiators.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOV’T CODE §54956.9(D)(1): -9- MATTER(S)
1. Scott O’Connor (City Police Officer) v. City of El Segundo, United States District Court (Central District of California), Civil Case No. 2:20-CV-0311 DMG (PLAx).
2. Scott Martinez (Retired City Fire Fighter) v. City of El Segundo, Los Angeles Superior Court Case No. 21ST CV10637.
3. James Tulette (Retired City Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 205T, CV44025.
4. Shawn Bonfield Retired (City Fire Department Battalion Chief) v. City of El Segundo, Los Angeles Superior Court Case no. 20ST CV48677.
5. William Hatcher (Retired El Segundo Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 21ST CV37399.
6. Richard Towne (Retired El Segundo Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 21ST CV19113.
7. Rebecca Smith (Former Non-Sworn Police Department Employee) v. City of El Segundo - Binding Arbitration Personnel Case.
8. Amy McDaniels (Non-Sworn Police Department Employee) v. City of El Segundo - Binding Arbitration Personnel Case.
4 9. Brent Beardmore (City Police Officer) v. City of El Segundo, Los Angeles Superior Court Case No. 22STCV25047.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Threats of or Significant/- exposure to litigation pursuant to (Government Code §54956.9(d)(2) or (d)(3)): -1- matter(s).
INITIATION OF LITIGATION PURSUANT to (Government Code §54956.9(d)(4)): -1- matter(s).
CONFERENCE WITH CITY’S LABOR NEGOTIATOR (GOV’T CODE §54957.6): -1-
MATTER(S)
1. Employee Organizations: Fire Fighters' Association (FFA) Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, Laura Droltz-Kalty.
6:00 PM – CONVENE OPEN SESSION – CALL TO ORDER / ROLL CALL INVOCATION – Bishop W. A. Garrett - The Way Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Pimentel
SPECIAL PRESENTATIONS
1. Professional Municipal Clerks Week
2. National Older American's Month 2023
PUBLIC COMMUNICATIONS – (RELATED TO CITY BUSINESS ONLY – 5 MINUTE LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed.
CITY MANAGER FOLLOW-UP COMMENTS – (Related to Public Communications) • Hyperion Water Reclamation Plant Update
A. PROCEDURAL MOTIONS
Read All Ordinances and Resolutions on the Agenda by Title Only Recommendation -
Approval
5 B. CONSENT
3. City Council Meeting Minutes
Recommendation -
1. Approve City Council Special Meeting minutes (Budget Study Session) of April 17, 2023, Special City Council Meeting minutes (Closed Session) and Regular City Council Meeting minutes of April 18, 2023.
2. Alternatively, discuss and take other action related to this item.
4. Warrant Demand Register for April 3, 2023 through April 16, 2023 Recommendation -
1. Ratify payroll and employee benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and, wire transfers.
2. Approve Warrant Demand Register numbers 19B and 20A: warrant numbers 3045073 through 3045241, and 9002866 through 9002894.
3. Alternatively, discuss and take other action related to this item.
5. 2020 State Homeland Security Grant Program Equipment Purchase Recommendation -
1. Appropriate $24,383.13 to Special Revenue account 124-400-3202-3770
2. Authorize the Department Head to purchase equipment with L.N. Curtis for $24,383.13
3. Alternatively, discuss and take other action related to this item
6. Extension of Time for Completion of Topgolf Sublease Assignment and Leaseback Transaction with Corresponding Second Amendment to Master Lease Agreement and First Amendment to Memorandum of Lease Recommendation -
1. Approve the proposed two-month extension for the assignment of Topgolf USA El Segundo, LLC’s sublease to 42 Real Estate, LLC and corresponding leaseback of the interest from 42 Real Estate, LLC to Topgolf USA El Segundo, LLC subject to, and contingent upon the execution of, the attached Acknowledgment of Lease Terms and Guarantor Acknowledgment of Guaranty.
6 2. Authorize the Mayor to execute (i) the Second Amendment to the Due Diligence and Recreation Ground Lease Agreement between the City of El Segundo and Centercal LLC, (ii) the corresponding First Amendment to Memorandum of Lease, and (iii) the Estoppel Certificate and Consent, all conditioned on the assignment of the sublease occurring on or before June 30, 2023. The documents must be in a form substantially similar to the drafts attached to the Council Agenda Report and approved by the City Attorney.
3. Alternatively, discuss and take other possible action related to this item.
C. PUBLIC HEARINGS
D. STAFF PRESENTATIONS
7. Update from the El Segundo Economic Development Advisory Council Recommendation -
1. Receive and file the update from the El Segundo Economic Development Advisory Council.
2. Alternatively, discuss and take other action related to this matter.
8. Temporary Appointment of CalPERS Retiree David Cain Pursuant to Government Code Sections 7522.56 and 21221(h)
Recommendation -
1. Adopt a resolution authorizing the appointment of CalPERS retired annuitant David Cain to the position of Chief Financial Officer, in compliance with Government Code §§ 7522.56 and 21221(h).
2. Approve an associated attached employment agreement with David Cain for the interim appointment to the position of Chief Financial Officer.
3. Alternatively, discuss and take other actions related to this item.
9. Memorandum of Understanding Between the City of El Segundo and the Police Officers' Association and Amendment to the City Contributions for CalPERS Medical Premiums
Recommendation -
1. Adopt a Resolution approving and adopting the Memorandum of Understanding (“MOU”) between the City of El Segundo and the El Segundo Police Officers’ Association (“POA”).
7 2. Adopt a Resolution amending the City contributions for California Public Employees' Retirement System ("CalPERS") medical premiums pursuant to the MOU between the City of El Segundo and the POA.
3. Alternatively, discuss and take other action related to this item.
10. Recreation Park Renovation Subcommittee
Recommendation -
1. Approve Recreation Park Renovation Project Subcommittee and appoint regular member and one alternate member of the City Council to the Committee.
2. Alternatively, discuss and take action related to this item.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS
11. Arts and Culture Advisory Committee Report and Funding Requests for Fiscal Year 2023-24
Recommendation -
1. Receive and file the Arts and Culture Advisory Committee Report.
2. Approve funding in the amount of $326,000 for Cultural Development Fund initiatives for FY 2023-24.
3. Alternatively, discuss and take other action related to this item.
12. Diversity, Equity and Inclusion Committee - Community at Large Report Recommendation -
1. Receive and file the Diversity, Equity and Inclusion Committee Community at Large Report.
2. Direct staff to work with the Diversity, Equity and Inclusion Committee to implement recommended activities.
3. Alternatively, discuss and take other action related to this item.
F. REPORTS - CITY CLERK
G. REPORTS - CITY TREASURER
H. REPORTS - COUNCIL MEMBERS
COUNCIL MEMBER BALDINO
COUNCIL MEMBER GIROUX
8 COUNCIL MEMBER PIRSZTUK
MAYOR PRO TEM PIMENTEL
MAYOR BOYLES
I. REPORTS - CITY ATTORNEY
J. REPORTS/FOLLOW-UP - CITY MANAGER
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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
MEMORIALS
ADJOURNMENT
POSTED:
DATE: April 28, 2023
TIME: 10:00 AM
BY: Tracy Weaver, City Clerk