1 AGENDA
EL SEGUNDO CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 5, 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
David Cain, Interim CFO
Robert Espinosa, Interim 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): -10- MATTER(S)
1. City of El Segundo v. Wiseburn Unified School District, Los Angeles Superior Court Case No. 23TRCV01031.
2. 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).
3. Scott Martinez (Retired City Fire Fighter) v. City of El Segundo, Los Angeles Superior Court Case No. 21ST CV10637.
4. James Tulette (Retired City Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 205T, CV44025.
5. Shawn Bonfield Retired (City Fire Department Battalion Chief) v. City of El Segundo, Los Angeles Superior Court Case no. 20ST CV48677.
6. William Hatcher (Retired El Segundo Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 21ST CV37399.
7. Richard Towne (Retired El Segundo Fire Fighter) v. City of El Segundo, Los Angeles Superior Court, Case No. 21ST CV19113.
8. Rebecca Smith (Former Non-Sworn Police Department Employee) v. City of El Segundo - Binding Arbitration Personnel Case.
4 9. Amy McDaniels (Non-Sworn Police Department Employee) v. City of El Segundo - Binding Arbitration Personnel Case.
10. Brent Beardmore (City Police Officer) v. City of El Segundo, Los Angeles Superior Court Case No. 22STCV25047.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Threats to Significant exposure/- to litigation pursuant to (Government Code §54956.9(d)(2) or (d)(3)): -1- matter(s).
1. Government Tort Claim by Keith Puckett
CONFERENCE WITH CITY’S LABOR NEGOTIATOR (GOV’T CODE §54957.6): -3-
MATTER(S)
1. Employee Organizations: City Employees' Association (CEA), Fire Fighter's Association (FFA) and Management Confidential (Unrepresented).
Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, and Alex Volberding
6:00 PM – CONVENE OPEN SESSION – CALL TO ORDER / ROLL CALL INVOCATION – Rabbi Dovid Lisbon, Jewish Community Center PLEDGE OF ALLEGIANCE – Council Member Pirsztuk
SPECIAL PRESENTATIONS
1. Recognition of the El Segundo High School Boys Water Polo Team
2. Candy Cane Lane Proclamation
3. Holiday Parade Proclamation
4. Introduction to the El Segundo Public Library's New Vega Discover Online Catalog
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.
5 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
B. CONSENT
5. City Council Meeting Minutes
Recommendation -
1. Approve regular and special City Council meeting minutes for November 7, 2023.
2. Alternatively, discuss and take other action related to this item.
6. Warrant Demand Register for October 2, 2023 through November 11, 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 7B, 8A, 8B, 9A, 9B and 10A: warrant numbers 3047669 through 3048210, and 9003014 through 9003038.
3. Alternatively, discuss and take other action related to this item.
7. 2024 City Council Meeting Calendar
Recommendation -
1. Approve the 2024 City Council Meeting Calendar with staff 's recommended meeting cancellations.
2. Alternatively, discuss and take other action related to this item. 6 8. Plans and Specifications for the Proposed Water Main Improvements Project along California Street, Sycamore Avenue, Palm Avenue and Elm Avenue
Recommendation -
1. Adopt a resolution approving the plans and specifications for the proposed Water Main Improvements Project along California Street, Sycamore Avenue, Palm Avenue, and Elm Avenue. Project No. PW 23- 15 to avail the City of immunities pursuant to Government Code § 830.6.
2. Authorize staff to advertise the project for construction bids.
3. Alternately, discuss and take other action related to this item.
9. Contract Award for Phase 1 City Hall HVAC Improvements Project Recommendation -
1. Authorize the City Manager to execute a standard Public Works contract with NKS Mechanical Contracting, Inc. in the amount of $647,000.00 for Phase 1 City Hall HVAC Improvements Project, Project No. PW 23-03, and authorize an additional $103,000.00 as contingency funds for potential unforeseen conditions.
2. Alternatively, discuss and take other action related to this item.
10. Notice of Completion for the FY 2022-23 Annual Concrete Improvements Project, Project No. PW 22-17
Recommendation -
1. Accept the FY 2022-23 Annual Concrete Improvements Project, Project No. PW 22-17, by FS Contractors, Inc. as complete.
2. Authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office.
3. Alternatively, discuss and take other action related to this item.
11. Approve the Purchase of a Combination Jet/Vacuum Truck for the City's Wastewater Division
Recommendation -
1. Authorize the City Manager to approve the purchase of one Combination Jet/Vacuum Sewer Truck for approximately $668,000 by cooperative purchasing agreement pursuant to El Segundo Municipal Code § 1-7- 9(C) and authorize an additional $100,000 as contingency funds for potential unforeseen changes in price.
7 2. Alternatively, discuss and take other action related to this item.
12. Second Reading and Adoption of an Ordinance Amending the El Segundo Municipal Code to Allow Permanent Regulations of Short-Term Home Sharing through a Home Share Permit Process
Recommendation -
1. Waive second reading and adopt an Ordinance for Environmental Assessment No. 1180 and Zone Text Amendment No. 23-02, amending the El Segundo Municipal Code ("ESMC") Chapters 4-16 and 15-4A-1 to allow permanent regulation of short-term home sharing through a permit process and find it exempt from further environmental review pursuant to 14 California Code of Regulations §§ 15358 and 15061(b)(3).
2. Alternatively, discuss and take other action related to this item.
13. Professional Services Agreement with ESA Associates for $364,000 to Prepare an Environmental Impact Report to be Reimbursed by the Developer of a Proposed Residential Project Located at 1521 E. Grand Avenue
Recommendation -
1. Authorize the City Manager to execute a Professional Services Agreement (PSA) with ESA Associates for $364,000 to prepare an Environmental Impact Report to be reimbursed by the developer of a proposed residential project located at 1521 E. Grand Avenue.
2. Alternatively, discuss and take other action related to this item.
C. PUBLIC HEARINGS
14. Zone Text Amendment to Implement Program 9 of the City's Housing Element
Recommendation -
1. Open and conduct a public hearing.
2. Waive full reading of the proposed Ordinance (EA No. 1345 and Zone Text Amendment No. 23-02) to amend El Segundo Municipal Code Title 15, implement certain Zone Text Amendments in El Segundo Housing Element Program 9, and find it exempt from further environmental review pursuant to 14 California Code of Regulations Sections 15358, 15061(b)(3), and 15162.
3. Schedule a second reading and adoption of the Ordinance for the next scheduled City Council meeting on December 19, 2023.
8 4. Alternatively, discuss and take other action related to this item.
D. STAFF PRESENTATIONS
15. Resolution of Intention and First Reading of an Ordinance Authorizing an Amendment to the City’s CalPERS Contract to Implement Additional Government Code § 20516 Employee Cost Sharing for Classic City Employees’ Association Members
Recommendation -
1. Adopt the Resolution of Intention to approve a contract amendment with the California Public Employees’ Retirement System ("CalPERS") to provide an additional 1% employee cost sharing, as specified for classic members of the El Segundo City Employees’ Association ("CEA").
2. Authorize the City Manager and City Clerk, to execute CalPERS forms as required for submission to CalPERS to facilitate CalPERS contract amendment process.
3. Introduce first reading by title only, with further reading waived, an Ordinance authorizing such contract amendment and schedule a second reading of the Ordinance for the regular January 16, 2024 City Council meeting.
4. Alternatively, discuss and take other action related to this item.
16. Fire Services Automatic and Mutual Aid Agreement Between the Cities of El Segundo and Manhattan Beach
Recommendation -
1. Authorize the City Manager to sign a Fire Services Automatic and Mutual Aid Agreement between the cities of El Segundo and Manhattan Beach.
2. Alternatively, discuss and take other action related to this item.
17. Park Vista Yard Sale Request
Recommendation -
1. Provide staff direction whether to consider allowing public yard sales at the Park Vista Senior Living facility.
2. Alternately, discuss and take other action related to this item. 9 18. Topgolf USA El Segundo, LLC Sublease Assignment to Spirit Realty, L.P. and Associated Master Lease Amendment and Estoppel Certificate Recommendation -
1. Approve the proposed assignment of Topgolf USA El Segundo, LLC’s sublease to Spirit Realty, L.P. and corresponding leaseback of the interest from Spirit Realty, L.P. 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.
2. Authorize the Mayor to execute the Estoppel Certificate and Consent, the Second Amendment to the Due Diligence and Recreation Ground Lease Agreement between the City of El Segundo and Centercal LLC, and the corresponding First Amendment to Memorandum of Lease, on the condition that the assignment of the sublease occurs on or before January 30, 2024, provided the documents are in a form substantially similar to the drafts attached to the Council Agenda Report and are approved by the City Attorney.
3. Alternatively, discuss and take other possible action related to this item.
19. Update and Memorandum of Understanding Regarding the Proposed Greenway Project to be Located Along the Western Side of Aviation Boulevard Where a Railroad Line Currently Exists
Recommendation -
1. Receive update presentation from the El Segundo Economic Development Corporation ("ESEDC") regarding a proposed Regional Aviation Boulevard Bikeway/Greenway Project, and associated funding options.
2. Approve a Memorandum of Understanding ("MOU") between the City and ESEDC regarding City staff providing limited assistance in working with ESEDC and the City potentially applying for grant funds, including from Los Angeles County Metropolitan Transportation Authority ("Metro").
3. Alternately, discuss and take other action related to this item.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS
F. REPORTS - CITY CLERK
G. REPORTS - CITY TREASURER
H. REPORTS - COUNCIL MEMBERS
COUNCIL MEMBER BALDINO
10 COUNCIL MEMBER GIROUX
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: November 30, 2023
TIME: 2:30 PM
BY: Tracy Weaver, City Clerk