ORDINANCE 1437ORDINANCE NO. 1437
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 10 -2, ENTITLED "WATER CONSERVATION IN
LANDSCAPING," IN ITS ENTIRETY IN ACCORDANCE WITH
GOVERNMENT CODE § 65595(C).
The City Council does ordain as follows:
SECTION 1: Chapter 10 -2 of the El Segundo Municipal Code ( "ESMC "), entitled
"Water Conservation in Landscaping," is amended in its entirety to read as
follows:
"Chapter 2
WATER CONSERVATION IN LANDSCAPING
10 -2 -1:
PURPOSE
10 -2 -2:
DEFINITIONS
10 -2 -3:
APPLICATION OF POLICIES
10 -2 -4:
SUBMITTAL REQUIREMENTS
10 -2 -5:
LANDSCAPING DESIGN REQUIREMENTS
10 -2 -6:
WATER FEATURES
10 -2 -7:
LANDSCAPE MAINTENANCE
10 -2 -8:
MODEL HOME LANDSCAPING
10 -2 -9:
VERIFICATION OF COMPLIANCE
10 -2 -10:
PENALTIES FOR VIOLATION AND ENFORCEMENT
10 -2 -1: PURPOSE:
This Chapter is adopted in accordance with Government Code § 65595(c) for
the purpose of complying with California law and promoting water
conservation. This Chapter may be referred to as the "Water Conservation In
Landscaping Standards." The Water Conservation In Landscaping Standards
are intended to promote water conservation while allowing the maximum
possible flexibility in designing healthy, attractive, and cost effective water
efficient landscapes.
10 -2 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this
chapter. Words and phrases not defined by this chapter have the meanings
stated in the Water Conservation in Landscaping Act (Government Code §§
65591, et seq.); regulations promulgating the Water Conservation in
Landscaping Act; this Code; and any successor statutes or regulations.
BACKFLOW PREVENTION DEVICE: means a safety device used to
prevent pollution or contamination of the potable water supply due to
the reverse flow of water from the irrigation system.
CERTIFICATE OF COMPLETION: means the document that certifies
that the landscape design plan, irrigation scheduling parameters and
landscape project has been installed per the approved Landscape
Documentation Package. An irrigation audit report must also be
included to obtain the final certificate of completion for the project.
CERTIFIED IRRIGATION DESIGNER: means a person certified to
design irrigation systems by an accredited academic institution a
professional trade organization or other program such as the US
Environmental Protection Agency's WaterSense irrigation designer
certification program and Irrigation Association's Certified Irrigation
Designer program.
CHECK VALVE: or anti -drain valve means a valve located under a
sprinkler head, or other location in the irrigation system,
to hold water
in the system to prevent drainage from sprinkler heads when the
sprinkler is off.
CLIMATE ZONE: Plant species as described in the Sunset Western
Climate Zone System for the City of El Segundo (Zone No. 24).
DESIGNER: A person qualified to practice landscape architecture
and /or irrigation design.
DRIP IRRIGATION: means any non -spray low volume irrigation
system utilizing emission devices with a flow rate measured in gallons
per hour. Low volume irrigation systems are specifically designed to
apply small volumes of water slowly at or near the root zone of plants.
ECOLOGICAL RESTORATION PROJECT: means a project where the
site is intentionally altered to establish a defined, indigenous, historic
ecosystem.
EMITTER: means a drip irrigation emission device that delivers water
slowly from the system to the soil.
ETo: means Reference Evapotranspiration which is the approximation
of water loss expressed in inches per year from a field of 4 -to -7 -inch-
tall cool season grass that is not water stressed.
FLOW RATE: means the rate at which water flows through pipes,
valves and emission devices, measured in gallons per minute, gallons
per hour, or cubic feet per second.
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"Guidelines" or the "City of El Segundo Land Development Provisions
for Landscaping and the Guidelines for Implementation of Water
Efficient Landscape" means regulations separately adopted by City
Council resolution, and incorporated by reference into this chapter,
providing specific regulations for water conservation.
HARDSCAPES: means any durable material (pervious and non -
pervious).
HYDROZONE: means a portion of the landscaped area having plants
with similar water needs. A hydrozone may be irrigated or non -
irrigated.
INFILTRATION RATE: means the rate of water entry into the soil
expressed as a depth of water per unit of time (e.g., inches per hour).
INVASIVE PLANT SPECIES: means species of plants not historically
found in California that spread outside cultivated areas and can
damage environmental or economic resources. Invasive species may
be regulated by county agricultural agencies as noxious species.
"Noxious weeds" means any weed designated by the Weed Control
Regulations in the Weed Control Act and identified on a Regional
District noxious weed control list. Lists of invasive plants are
maintained at the California Invasive Plant Inventory and USDA
invasive and noxious weeds database.
IRRIGATION AUDIT: means an in -depth evaluation of the performance
of an irrigation system conducted by a Certified Landscape Irrigation
Auditor. An irrigation audit includes, but is not limited to: inspection,
system tune -up, system test with distribution uniformity or emission
uniformity, reporting overspray or runoff that causes overland flow, and
preparation of an irrigation schedule.
IRRIGATION SYSTEM: A complete connection of system components,
including the water distribution network and the necessary irrigation
equipment and downstream from the backflow prevention device.
LANDSCAPE ARCHITECT: means a person who holds a license to
practice landscape architecture in the state of California Business and
Professions Code, Section 5615.
LANDSCAPE AREA: means all the planting areas, turf areas, and
water features in a landscape design plan subject to the Maximum
Applied Water Allowance calculation. The landscape area does not
include footprints of buildings or structures, sidewalks, driveways,
parking lots, decks, patios, gravel or stone walks, other pervious or
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non - pervious hardscapes, and other non - irrigated areas designated for
non - development (e.g., open spaces and existing native vegetation).
LANDSCAPE DOCUMENTATION PACKAGE: means the documents
required to be provided to the City for review and approval of
landscape design projects, as described in the Implementation
procedures of this Water Conservation In Landscaping Standards.
LANDSCAPE PROJECT: means total area of landscape in a project as
defined in "landscape area" for the purposes of this Chapter, meeting
requirements of this Water Efficient Chapter.
LATERAL LINE: means the water delivery pipeline that supplies water
to the emitters or sprinklers from the valve.
LOCAL WATER PURVEYOR: means any entity, including a public
agency, city, county, or private water company that provides retail
water service.
LOW VOLUME IRRIGATION: means the application of irrigation water
at low pressure through a system of tubing or lateral lines and low -
volume emitters such as drip, drip lines, and bubblers. Low volume
irrigation systems are specifically designed to apply small volumes of
water slowly at or near the root zone of plants.
MODEL HOME: means a facility used exclusively for the promotion
and sale of homes similar to the model.
MULCH: means any organic material such as leaves, bark, straw,
compost, or inorganic mineral materials such as rocks, gravel, and
decomposed granite left loose and applied to the soil surface for the
beneficial purposes of reducing evaporation, suppressing weeds,
moderating soil temperature, and preventing soil erosion.
NEW CONSTRUCTION: means, for the purposes of this chapter, a
new building with a landscape or other new landscape such as a park,
playground, or greenbelt without an associated building.
OVERSPRAY: means the irrigation water which is delivered beyond
the target area.
PERMIT: means an authorizing document issued by local agencies for
new construction or rehabilitated landscape.
PERVIOUS: means any surface or material that allows the passage of
water through the material and into the underlying soil.
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PLANTING AREA: The parcel area less building pad, driveway, patio,
deck, walkway and parking area. "Planting area" includes water bodies
(i.e., fountains, ponds, lakes) and natural areas.
PLANTING PLAN: A planting plan shall identify location, spacing,
numbers, container planting sizes of all plant materials including
common and botanical names.
PRECIPITATION RATE: means the rate of application of water
measured in inches per hour.
RAIN SENSOR: or "rain sensing shutoff device" means a component
which automatically suspends an irrigation event when it rains.
RECYCLED WATER: "reclaimed water ", or "treated sewage effluent
water" means treated or recycled waste water of a quality suitable for
non - potable uses such as landscape irrigation and water features. This
water is not intended for human consumption.
REHABILITATED LANDSCAPE: Any landscaping project greater or
equal to 2,500 square feet that requires a permit, plan check, or design
review, and the planting area in which fifty percent (50 %) of existing
landscape materials are replaced or modified within any twelve (12)
month period. Examples include a change of plants or ground cover,
and grading modifications within any twelve (12) month period.
RUNOFF: means water which is not absorbed by the soil or landscape
to which it is applied and flows from the landscape area. For example,
runoff may result from water that is applied at too great a rate
(application rate exceeds infiltration rate) or when there is a slope.
SOIL TEXTURE: means the classification of soil based on its
percentage of sand, silt, and clay.
SPECIAL LANDSCAPE AREA: (SLA) means an area of the landscape
dedicated solely to edible plants, areas irrigated with recycled water,
water features using recycled water and areas dedicated to active play
such as parks, sports fields, golf courses, and where turf provides a
playing surface.
SPRINKLER HEAD: means a device which delivers water through a
nozzle.
TURF: Means a ground cover surface of mowed grass. Annual
bluegrass, Kentucky bluegrass, perennial ryegrass, Red fescue, and
tall fescue are cool grasses. (Minimize cool season turf).
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Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass,
Zoysiagrass, and Buffalo grass are warm - season grass.
VALVE: means a device used to control the flow of water in the
irrigation system.
WATER BUDGET CALCULATION: means the Maximum annual
Applied Water Allowance calculated using this formula:
MAWA = (ETo) (0.62) f0.7 x LA + 0.3 x SLAI
MAWA = Maximum Applied Water Allowance (maximum
gallons per year available for the project).
Eto = Reference Evapotranspiration (33.0 inches per year
for the City of El Segundo).
0.7 = ET Adjustment Factor (as designated by the state of
California).
LA = Landscape Area (square feet, including SLA)
0.62 = Conversion Factor (inches to gallons)
SLA = Special Landscape Area (square feet)
0.3 = The additional ET Adjustment Factor for the Special
Landscape Area
WATER FEATURE: means a design element where open water
performs an aesthetic or recreational function. Water features include
ponds, lakes, waterfalls, fountains, artificial streams, spas, and
swimming pools (where water is artificially supplied). The surface area
of water features is included in the high water use hydrozone of the
landscape area. Constructed wetlands used for on -site wastewater
treatment or stormwater best management practices that are not
irrigated and used solely for water treatment or stormwater retention
are not water features and, therefore, are not subject to the water
budget calculation.
10 -2 -3: APPLICATION OF POLICIES:
A. Applicability. This chapter applies to new industrial,
commercial, office and institutional developments; to public and
private parks and other public recreational areas;
(3 or more units) residential and planned unit
common areas; to model home complexes; an d
medians and corridors.
B. Nonapplicability: This chapter is not applicable to:
Cemeteries.
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to multi - family
development
to City road
2. Registered historical sites.
3. Ecological restoration projects that do not require a
permanent irrigation system.
4. Mined -land reclamation projects that do not require a
permanent irrigation system.
5. Any project with a landscaped area less than two
thousand five hundred (2,500) square feet, unless the
Director of Recreation and Parks determines that
substantial compliance with the purpose of this Chapter
requires that a landscape plan be submitted.
6. Any project or planting area that utilizes one hundred
percent (100 %) reclaimed water.
C. Exemptions. The City Manager, or designee, may authorize
exemptions to any of the design and improvement standards in
this Chapter. Such exemptions may be granted if the City
Manager, or designee, finds that the proposed design or
improvement is in substantial compliance with the purpose and
intent of this Chapter.
10 -2 -4: SUBMITTAL REQUIREMENTS:
Applicants must submit the following:
A. A Landscape Documentation Package for review and approval.
B. The Landscape Documentation Package must include a
certification by an appropriately licensed professional stating
that the landscape design and water use calculations were
prepared by or under the supervision of the licensed
professional and are certified to comply with the Water
Conservation in Landscaping Act.
C. The Landscape Documentation Package must be prepared in
accordance with the Guidelines and this chapter. Such plans
must be submitted and approved before the City issues building
permits to comply with this Chapter.
D. Landscaping must be designed to be irrigated at not more than
0.7 of the reference evapotranspiration (ETo) and cannot
exceed the MAWA.
E. Before the City issues a building permit, a landscape plan
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application must be submitted and reviewed in accordance with
this Chapter. Applications for landscape plan approval must be
filed by the owner of the affected property or his agent, or by a
public entity to which the provisions of the Chapter apply, on
forms furnished by the Director of Planning and Building Safety.
F. No landscape plan application can be approved unless the
Director of Planning and Building Safety finds that the plan
compliments the design of the project, is consistent with the
provisions of this Chapter; compatible with adjacent existing or
future public landscaped areas, and with the elevations and
appearances with existing structures located upon lots within
the immediate vicinity of the lot which is the subject of such
application.
10 -2 -5: LANDSCAPING DESIGN REQUIREMENTS:
A. Landscape Documentation Plan: Each landscape plan must
include the following elements including, without limitation, the
following:
1. Landscaping Design Plan: The planting plan must
identify location, spacing, numbers, container sizes of all
plant materials including common and botanical names,
drawn on project base sheets in a clear and legible
fashion in accordance with the policies established to
implement the provisions of this Chapter.
2. Where possible, landscaping should be installed in the
fall, in order to establish plant materials when they will
benefit most from winter rains.
3. Selection of water conserving plants and turf species for
the El Segundo Climate Zone (based on the Sunset
Western Climate Zone System which takes into account
temperature, humidity, elevation, terrain, latitude, and
varying degrees of continental and marine influence on
local climate).
4. Recognize the horticultural attributes of plants (i.e.,
mature plant size, invasive surface roots) to minimize
damage to property or infrastructure (e.g., buildings
sidewalks, and power lines).
5. Selection of plants based on disease and pest
resistance.
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6. Lawns are limited to not more than 25% of the landscape
area, and may not be used in areas less than 5 feet wide.
7. Turf is discouraged on slopes greater than 25% where
the toe of the slope is adjacent to an impermeable
hardscape and where 25% means 1 foot of vertical
elevation change for every 4 feet of horizontal length
(rise divided by run x 100 = slope percent).
8. Turf or grass must be a water - conserving species;
9. The planting of high water use plants is limited to non -turf
landscape area. The remaining landscape must be
planted with low and moderate water use plant materials;
10. Plants having similar water requirements should be
grouped together in distinct hydrozones.
11. Consider the solar orientation for plant placement to
maximize summer shade and winter solar gain.
B. Irrigation System Design Criteria: The irrigation plan must
identify all components of the irrigation system drawn on project
base sheets in a clear and legible fashion in accordance with
the policies established to implement the provisions of this
Chapter. The following Design Irrigation Elements must be
included:
1. Irrigation systems must utilize recycled water if such lines
are readily available adjacent to the site.
2. Irrigation system must identify potable or recycled water
supply sources for meter.
3. A dedicated water meter is required on all landscapes
over 5,000 square feet.
4. All irrigation systems must be designed to avoid runoff,
overspray, low -head drainage, and other similar
conditions where water flows off -site or on to paved
areas.
5. Spray irrigation shall be separated from paved surfaces
by landscape treatment that is not spray irrigated.
6. Spray irrigation shall not be used in medians and other
narrow planting areas (five feet or less). Narrow areas
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less than eight feet wide must be irrigated with
subsurface or low volume irrigation.
7. Plants that require different amounts of water or plants
that are located in separate hydrozones must be irrigated
by a separate irrigation circuit.
8. Irrigation equipment should include a time controller that
includes multiple programming capability, rain sensing
devices, anti drain check valves, pressure regulation
where PSI exceeds 80, and matched precipitation spray
heads on each spray irrigation valve.
9. Weather -based or other sensor based self- adjusting
irrigation controllers must be provided.
10. Rain sensors must be installed for each irrigation
controller.
11. Automatic sprinkler timer must be programmed to water
in the early morning or late hours during the day.
12. Where feasible, trees shall be placed on separate valves
from shrubs, groundcovers and turf.
13. The estimated water use calculations for the project must
be identified. The water use calculations must be certified
by the landscape professional that it meets the Water
Conservation in Landscaping Act requirements and bear
the signature of the landscape professional as required
by Business and Professions Code § 5615.
C. The following Soil management report or specifications must be
included:
Soil conditioning notes should be included. The soil notes
may include a description of: soil texture, water holding
capacity, infiltration rate, PH, total soluble salts, sodium,
percentage of organic material, and implementation of
recommended amendments to the soil. The
recommended amendments for the soil must be
appropriate for the plants selected.
2. A minimum two (2) inch layer of mulch must be applied
on all exposed soil surfaces of planting areas except in
turf areas, creeping or rooting ground covers, or direct
seeding applications where mulch is contraindicated.
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One and one -half inches of mulch is acceptable for areas
of ground cover planted from flats.
3. Stabilizing mulching products must be used on slopes.
4. A grading design plan must be included if significant
changes are proposed for the project. The grading plan
must be prepared to minimize soil erosion, runoff, and
water waste. The grading plan must show storm water
retention improvements, if applicable. The grading and
drainage patterns must show that the landscape irrigation
and normal rainfall remains within the property and does
not drain to non - permeable hardscape surface finishes.
The grading plan must be certified stating that the project
complies with the chapter for the efficient use of water in
the grading design plan and must bear the signature of a
licensed professional as authorized by State law.
10 -2 -6: WATER FEATURES:
Decorative water features such as pools, ponds, and waterfalls used in
landscaped areas must incorporate recycling of water, and must use recycled
water where it is feasible, cost effective, and meets health standards.
10 -2 -7: LANDSCAPE MAINTENANCE:
The property owner must permanently and continuously maintain landscaping
and irrigation in a neat, clean and healthy condition, including removal of litter,
proper pruning, mowing of lawns, weeds, fertilizing, and watering; and
replacement of diseased and /or dead plants and malfunctioning or missing
irrigation system components.
The water purveyor will monitor the annual water use at each project site and
may require that corrections be made if water consumption substantially
exceeds the average yearly water use for landscaping areas.
10 -2 -8: MODEL HOME LANDSCAPING:
For each subdivision with model homes, the developer must submit a
landscape plan and install landscaping for each model home,
incorporating the policies of this Chapter and including:
A. Signs identifying elements of the water - conserving landscape
and irrigation system design placed around the model.
B. Literature describing water conserving landscapes to be
available to individuals touring the model.
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10 -2 -9: VERIFICATION OF COMPLIANCE:
A. Landscape Certificate of Completion. Upon completion of the
installation of the landscaping, the landscape architect, irrigation
designer, contractor, or owner must certify that the landscape
complies with all policies of this Chapter. A Certificate of
Completion must be obtained from the City. City staff must
verify through the inspection process that all equipment,
sprinklers and plant species installed conform to the approved
Landscape Documentation Package plans for the project.
Certification must be accomplished by completion of a
landscape certificate on a form approved by the Planning and
Building Safety Director. Additionally, a certified landscape
auditor must perform a landscape irrigation audit to obtain final
certificate of occupancy. The landscape irrigation audit and
landscape certificate for the landscape and irrigation system
must be reviewed and approved by the Building Official before
final certificate of occupancy is issued. Failure to submit a
complete and accurate landscape certificate will delay final
approval of the project and /or discontinue water service.
B. The following items must be submitted for review to request a
Certificate of Compliance:
1. Certificate of plant installation.
2. Final soils information.
3. Irrigation scheduling parameters.
4. Irrigation Audit Report.
5. Maintenance schedules.
C. The verification of compliance of the landscape installation with
approved plans must be obtained through the certificate of
completion in conjunction with a Certificate of Occupancy.
D. The certificate of completion must be accompanied by an
irrigation audit that contains the following:
1. Operation pressure of the irrigation system.
2. Distribution uniformity of overhead irrigation.
3. Precipitation rate of overhead irrigation
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4. Report of any overspray or broken irrigation equipment
E. Irrigation schedule including:
1. Plant establishment irrigation schedule.
2. Regular irrigation schedule by month including: plant
type, root depth, soil type, slope factor, shade factor,
irrigation interval (days per week), irrigation day, gallons
per minute for each valve, precipitation rate, distribution
uniformity and monthly estimated water use calculations.
F. An irrigation maintenance schedule timeline must be attached to
the certificate of completion that includes:
1. Routine inspections, adjustment and repairs to the
irrigation system, aerating and dethatching turf areas,
replenishing mulch, fertilizing, pruning and weeding.
2. A final inspection must be performed by City staff to
verify compliance. The final building permit approval will
not be complete until the landscape inspection is
approved.
3. A certified landscape auditor must perform a landscape
irrigation audit to obtain Certificate of Occupancy.
4. Irrigation of all landscaped areas must be conducted in a
manner conforming to the rules and requirements, and
will be subject to penalties and incentives for water
conservation and water waste prevention as determined
and implemented by the local water purveyor and the
City.
10 -2 -10: PENALTIES FOR VIOLATION AND ENFORCEMENT:
A. It is unlawful for any person to violate, to cause, or to maintain a
violation of this Chapter.
B. It is unlawful to any person to remove or cause removal of
water - conserving irrigation valves or equipment contrary to the
provisions of this Chapter."
SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION.
This ordinance is exempt from review under the California Environmental Quality
Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA
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regulations (14 California Code of Regulations §§ 15000, et seq.) because it
establishes rules and procedures to permit operation of existing facilities; minor
temporary use of land; ensure maintenance, restoration and protection of the
environment; and regulate normal operations of facilities for public gatherings.
This Ordinance, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323.
SECTION 3: PUBLIC NOTIFICATION. The City Manager, or designee, is
directed to provide public notification regarding the regulations set forth in this
ordinance through any reasonable means including, without limitation,
newspaper publications, flyers contained within the City's utility bills, and
advertising on the City's cable channel.
SECTION 4: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any
other regulation by this Ordinance does not affect any penalty, forfeiture, or
liability incurred before, or preclude prosecution and imposition of penalties for
any violation occurring before, this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 5: SEVERABILITY. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 6: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire
Ordinance or its application is deemed invalid by a court of competent
jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be
rendered void and cause such ESMC provision or other regulation to remain in
full force and effect for all purposes.
SECTION 7: The City Clerk must certify as to the adoption of this ordinance and
shall cause the summary thereof to be published within fifteen calendar (15) days
of the adoption and post a certified copy of this ordinance, including the vote for
and against the same, in the office of the City Clerk, in accordance with
Government Code § 36993, for the City of El Segundo.
PASSED AND ADOPTED this 15tH clay Dece, 2009.
/ /? �`// /7f
Ily McDowell, M*or
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 1437 was duly introduced by said City Council
at a regular meeting held on the 1st day of December, 2009, and was duly
passed and adopted by said City Council, approved and signed by the Mayor,
and attested to by the City Clerk, all at a regular meeting of said Council held on
the 15th day of December, 2009, and the same was so passed and adopted by
the following vote:
AYES: McDowell, Busch, Brann, Fisher, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
CAOqbm/v� �L
Cindy Mortesen, City Clerk
9�
APPROVED AS T0/FO
By: (/
Berger, gssiktant City Attorney
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