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2002 MAR 19 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The City Council, 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 portion of the Meeting Additionally, 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 Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 19, 2002 — 5:00 P.M. Next Resolution # 4248 Next Ordinance # 1346 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of confernng 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(a)) 1 Hill v City of El Segundo, United States District Court (Central District) D C CV -98- 01463LGB 2 Citizen Against Gridlock in El Segundo and Kilroy Realty Corporation v City of El Segundo LASC Case No BC267404 3 Glover v City of El Segundo, LASC No YCO39465 4 City of El Segundo v Stardust, LASC No YC031364 6 1 1 5 City of El Segundo v South Bay Regional Public Control Board, SWR CB /OCC No A- 1448(b) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — One 1 Meeting with Real Property Negotiator City Manager Mary Strenn, Real Property located at 121 West Grand Avenue, Parties negotiating with Columbia Development, under negotiation are development options for the real property SPECIAL MATTERS — None 002 REVISED AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The City Council, 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 portion of the Meeting Additionally, 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 Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 19, 2002 - 7:00 P.M. Next Resolution # 424B Next Ordinance # 1346 7:00 P.M. SESSION CALL TO ORDER INVOCATION - Reverend Timothy Schepman of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE - Sandra Jacobs, Mayor Pro Tern PRESENTATIONS - a. Commendations to Joe Harding, Don Cottom and Aliza Goldberger, R.A.C.E. runners, for running and completing the LA Marathon while raising $10,000 to assist Rotary International in its request to eradicate polio from the face of the Earth by year 2005. b. Commendation to Diane Simons for her dedication to the musical education of the children of El Segundo and the South Bay. 17 0 3 ROLL CALL 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 pnor 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 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title B. SPECIAL ORDERS OF BUSINESS 1. Consideration and referenda petitions Campus Project (I4 approved by the Cit possible action regarding by the proponent Karen the City Clerk's certification of the regarding the Corporate Mixed -Use North Zone) Crowley cated in the Northeast area of the F Council on January 2, 2002. Recommendation — (1) Introduce and waive first reading of an ordinance repealing Ordinance No. 1345 and adopt a resolution repealing Resolution No. 4241 which were adopted by the Council on January 2, 2002 with regard to the Corporate Campus Project, (2) Order an election (special or regular) on the referenda regarding Ordinance No 1345 and Resolution No 4241 If an election is called, adopt resolutions ordering the election, authorizing ballot arguments, requesting a City Attorney analysis, requesting assistance from the Los Angeles County Clerk's office, authorizing council members to author a ballot argument, and other, related, matters, (3) Continue this agenda item to another date, (4) Take other action relating to this agenda item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 2. Warrant Numbers 2523653 to 2524005 on Register No. 11 in the total amount of $1,302,667.96 and Wire Transfers from 02/23/2002 through 03/08/2002 in the amount of $292,993.48. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify. Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 004 3. City Council Meeting Minutes of March 6, 2002. Recommendation — Approval 4. Consideration and possible action regarding use of Proposition A transit funds to lease two vans for the Summer Beach Shuttle program. Recommendation — (1) Approve the use of Proposition A funding in an amount not to exceed $14,000 for FY 01 -02 leasing of vans for the Summer Beach Shuttle program and authorize the City Manager to submit Proposition A funding request; (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding approval of purchase of 2002 Encore Showmobile Wagon Model #089E031 and associated equipment from the Wenger Corporation. (86,000) Recommendation — (1) Authorize staff to piggyback a Federal Government Services Agency (GSA) contract with Wenger Corporation for the purchase of 2002 Showmobde Wagon and associated equipment for city and community special events platform and staging arena; (2) Authorize the issuance of a purchase order to the Wenger Corporation, (3) Alternatively, discuss and take other action related to this item 6. Consideration and possible action for adoption of plans and specifications for the landscaping and street scaping of the median islands in Sepulveda Boulevard. Approved Capital Improvement Program (estimated cost $766,000). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for the receipt of construction bids; (3) Alternatively, discuss and take other action related to this item 7. Consideration and possible action approving a License Agreement with Northrop Grumman Systems Corporation for the installation of underground communication conduits and outdoor fiber cable within the public street right -of -way (Annual revenue generated is $238.00). Recommendation — (1) Approve License Agreement with Northrop Grumman Systems Corporation, (2) Authorize the City Manager to execute the agreement on behalf of the City, (3) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding a proposal by the Fire Department to purchase Firehouse Software, a management system designed exclusively for fire service (cost not to exceed $25,000.00). Recommendation — (1) Approve purchase of Firehouse Software and the service agreement, (2) Alternatively, discuss and take other action related to this item 0 5 9. Consideration and possible action approving Emergency Operation Center (EOC) equipment and modifications as a result of exercises and September 11, 2001 activation (fiscal impact $32,000). Recommendation — (1) Approve EOC equipment and modifications to enhance the Emergency Operation Center (EOC), (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action of a Grant Request to the Federal Emergency Management Agency (FEMA) and the United States Fire Administration (USFA) to purchase hardware and software to provide for a public safety radio system with regional agency interoperable capabilities (fiscal impact: FY 2002 -2003 matching requirement $75,000.00 related to Grant). Recommendation — (1) Council authorization to file a grant with qualification, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action authorizing the upgrading of the Paramedics Defibrillation (Life -Pak 12) units (fiscal impact $10,053.94). Recommendation — (1) Authorize the expenditure from the Fire Department Equipment Replacement Fund to upgrade the Life -Pak 12 Defibrillation units, (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding approval to amend Contract #2792, Agreement for Dispatch Services and Frequency Sharing, between the Cities of El Segundo and Hermosa Beach. Recommendation — (1) It is recommended that the City Council authorize the City Attorney to prepare an amendment to Contract #2792 The proposed amendment is for a one -time rate adjustment of ten - percent (10 %) to the cost of providing emergency police and fire dispatching services to the City of Hermosa Beach Thereafter, the yearly adjusted rate of increase /decrease to the City of Hermosa Beach will be capped at plus or minus five- percent (5 %) per year beginning in 2003, (2) Alternatively, discuss and take other action related to this item 13. Consideration and possible action regarding staffs recommendation that the City Council support AB 2333 (Nakano). Recommendation — Authorize the Mayor to send appropriate correspondence expressing the City's support of AB 2333 (Nakano), (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA 006 NEW BUSINESS - F. REPORTS - CITY MANAGER - NONE G. REPORTS - CITY ATTORNEY - NONE H. REPORTS - CITY CLERK - NONE REPORTS - CITY TREASURER - NONE J. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Council Member Gaines - Council Member Wernick - Mayor Pro Tom Jacobs - Mayor Gordon - 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 poor 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 MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of confernng with the City's Real Property Negotiator, and /or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and/or confemng with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED REVISED DATE 3 `f .� TIME NAME � - 0 7 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and Possible action regarding the City Clerk's certification of the referenda petitions by the proponent Karen Crowley regarding the Corporate Campus Project (located in the Northeast area of the Mixed -Use North Zone) approved by the City Council on January 2, 2002 RECOMMENDED COUNCIL ACTION: Consideration and Possible Action with respect to the following alternatives 1 Introduce and waive first reading of an ordinance repealing Ordinance No 1345 and adopt a resolution repealing Resolution No 4241 which were adopted by the Council on January 2, 2002 with regard to the Corporate Campus Project, or 2 Order an election (special or regular) on the referenda regarding Ordinance No 1345 and Resolution No 4241 If an election is called, adopt resolutions ordering the election, authorizing ballot arguments, requesting a City Attorney analysis, requesting assistance from the Los Angeles County Clerk's office, authorizing council members to author a ballot argument, and other, related, matters, or 3 Continue this agenda item to another date, or 4 Take other action relating to this agenda item BACKGROUND & DISCUSSION: (See next page) ATTACHED SUPPORTING DOCUMENTS: Draft Resolutions relating to referenda election, Correspondence from Developer's (TPG El Segundo, LLC) Counsel, Correspondence from City Clerk to Karen Crowley, Documentation regarding circulators, numbers of petition books, and total number of signatures FISCAL IMPACT: N/A Operating Budget. Amount Requested: Account Number: Project Phase - Appropriation required: 1 3/13/02 1 34 PM U i1 BACKGROUND & DISCUSSION (CONTINUED): On January 2, 2002 the City Council adopted Ordinance No 1345 and Resolution No 4241 approving an Environmental Impact Report, General Plan Amendment, Zone Text Amendment, Specific Plan, Vesting Tentative Tract Map and Development Agreement with respect to the Corporate Campus Project The Project is a mixed use project consisting of office, hotel and retail uses as well recreation fields and the dedication to the City of the property necessary to build a new fire station On January 25, 2002, Karen Crowley submitted to the City Clerk's office two referenda petitions seeking an election on the Ordinance and Resolution passed by the City with respect to the Project The referenda petitions submitted contained 1,693 and 1,591 signatures respectively with regard to the Ordinance and Resolution Pursuant to Elections Code § 9237, a referenda petition must be signed by 10% of the registered voters in the City based upon the County Elections Official's last official report of registration to the Secretary of State This 10% number is currently 1,063 signatures The City Clerk transmitted the petitions to the County Registrar's Office for purposes of determining whether the petitions contain sufficient valid signatures Based upon the sampling process set forth in Elections Code § 9115, the County registrar determined that petitions contained 1,332 and 1,279 valid signatures respectively with regard to the Ordinance and Resolution On March 7, 2002 the City Clerk notified Karen Crowley that petitions had been certified by the Clerk's Office Pursuant to Elections Code §§ 9114 and 9240, the referenda petitions must be submitted to the City Council at the next regular Council Meeting following the Clerk's certification of the petitions Section 9241 provides that the Council can either repeal the actions that are the subject of the referenda (the Ordinance and Resolution) or set the referenda for an election If the Council repeals the Ordinance and Resolution then it cannot adopt the same or similar legislation for 12 months Elections may be held after 88 days have elapsed from the date the Council orders an election The only requirements are that the election be held on a Tuesday at either the City's next regular election or at a special election The next regularly scheduled City election after April 9, 2002 is April 2004, a special election could not be held any sooner than June 18, 2002 The Clerk would conduct the election The Clerk asks that if the City Council orders a special election, it be held not sooner than July 9, 2002 because it would provide for sufficient time to prepare for and plan the election The Clerk estimates the cost of the election will be $60,000 TPG Partners, LLP, has informed the City that it will reimburse the City for all administrative costs associated with a special election and post a deposit with the City for the estimated amount In the event the Council does not wish to call a special election, the referenda can be set for election at the November 5, 2002 General Elections The cost of placing the referenda on the general election is $45,000 3/13/02 1 34 PM Elections Code § 9241 does not on its face set forth a time frame in which the Council has to set the referenda for election Rather, it only states that the election cannot be held later than the next regular municipal election in April 2004 Accordingly, the City may be able to delay taking action on this agenda item until a later date In the event that the City Council decides to set the referenda for election, the Council needs to adopt the attached resolutions calling for the election Elections Code § 9282 allows for the City to designate Council Members to submit arguments against the referenda (in favor of adopting the Ordinance and Resolution) Should the Council choose not to have a Council Member or Members prepare a ballot argument, any individual voter eligible to vote on the measure, or a bona fide citizen association, or a combination of voters and associations may still submit a ballot argument A resolution has been included providing for the filing of rebuttal arguments and calling for the preparation of an impartial City Attorney Analysis of the Referenda Both of these actions are discretionary On February 15, 2002 legal counsel for the developer of the Corporate Campus Project, TPG Partners, LLP, requested that the City Council take certain action to review the validity of the referenda petitions (copies of the communications are attached) The City Attorney's Office advises that should the Council wish to consider challenging the validity of the petitions that such be placed on a future closed session agenda For the most part, the referenda petitions are not public records and can only be reviewed by the City Clerk's Office Given the inquiries that have been received for information regarding the petitions and within the limitations imposed on the disclosure of such information, attached hereto is a memorandum of the City Clerk's Office that details the names of petition circulators as well as the number of petition books and signature books that were submitted with respect to the referenda 010 3/13/02 1 34 PM March 7, 2002 MWJ � / / / Cindy Mortesen,CMC City Clerk Karen Crowley Citizens Against Gridlock in El Segundo (CAGES) 501 California Street El Segundo, CA 90245 Re* Referendum Petitions Ms. Corwley: I, Cindy Mortesen, City Clerk of the City of El Segundo do hereby certify and state that on February 5, 2002, the following petitions were submitted to the County of Los Angeles Registrar- Recorder's Office for signature verification- Referendum Against Ordinance No. 1345 Passed by the City Council Number of Petition Sections 104 Number of signatures filed 1,693 Number of signatures verified 500 Number of signatures found sufficient 396 Number of signatures found not sufficient 104 Not sufficient because of duplicate 1 The total number of signatures need to qualify the petition is 1,063. According to the random sample formula provided by the County, the calculated projected number of valid signatures is 1,332 Referendum Against Resolution No 4241 Passed by the City Council Number of Petition Sections 102 Number of signatures filed 1,591 Number of signatures verified 500 Number of signatures found sufficient 407 Number of signatures found not sufficient 93 Not sufficient because of duplicate 1 Office of The City Clerk 350 Main Street, El Segundo, California 90245 -3895 Phone (310) 524 -2307 FAX (310) 615.0529 of The total number of signatures need to qualify the petition is 1,063. According to the random sample formula provided by the County, the calculated projected number of valid signatures is 1,279. You are hereby notified that the petition referendum against Ordinance No. 1345 and the petition referendum against Resolution No. 4241 are sufficient. This item will appear on the March 19, 2002 Council Agenda for discussion and possible action. If you have any further questions, please call the City Clerk's Department. 1 - indy Mort ' en, ity erk Cc: City Attorney City Manager City Council 0 1 CIRCULATOR NAME # of Petitions START DATE END DATE BOX # # of Sig. Anderson, Judy ? 1 1/16/02 3 8 Anderson, Tim 1 1115/02 1115102 3 5 Anderson, Tim 1 1/16/02 1/16/02 2 13 Aull, John Christopher 1 1/7/02 1/20/02 2 17 Budds, Claudia 1 1/9/02 119102 1 33 Budds, Claudia 1 1/16/02 1/16/02 3 28 Budds, Claudia 1 1/18/02 1/18/02 3 2 Crowley, Glenn 1 1/9/02 1/11/02 1 23 3 to be removed - Duckett Natalie R 1 1/18/02 1/18/02 3 3 Duckett, Natalie R 1 1/14/02 1/14/02 1 7 Duckett, Natalie R 1 1/17/02 1117102 3 7 Duckett, Natalie R 1 1/17/02 1/17/02 3 12 Duncan, Emma 1 1/6/02 1/11/02 1 64 3 to be removed - Friedkm, Jane Waag 1 1112/02 1/24102 4 11 Garnholz, Elizabeth 1 1/13/02 1/13/02 1 20 Garnholz, Elizabeth 1 1/15/02 1/15/02 3 8 Garnholz, Elizabeth 1 1115/02 1/15/02 3 3 Garnholz, Elizabeth 1 1/16/02 1/19/02 2 24 Garnholz, Elizabeth 1 1/20/02 1/20/02 2 25 Gordon, Allen 1 1120/02 2 7 Haberman, Jason 1 1/13/02 1/13/02 1 60 Haberman, Jason 1 1/13/02 1/13/02 1 13 Haberman, Jason 1 1/13/02 11113/02 1 i0 Haberman, Jason 1 1/13/02 1/13/02 1 16 1 to be removed - Haberman, Jason 1 1/13/02 1/13/02 1 20 Haberman, Jason 1 1/14/02 1/14/02 1 6 Haberman, Jason 1 1/14/02 1/14/02 1 14 Hickman, Ward R 1 1/17/02 1/17/02 3 3 Hickman, Ward R 1 1/18/02 1/18/02 3 37 Hickman, Ward R 1 1/19/02 1/19/02 2 16 Hickman, Ward R 1 1/22/02 1/22/02 2 9 Hickman, Ward R 1 1/23/02 1123/02 4 14 Hickman, Ward R 1 1/23/02 1/23/02 2 16 2 to be removed - Hickman, Ward R 1 1/24/02 1/24/02 4 11 Hughes, Brian 1 1/22/02 1/22/02 2 20 Hughes, Brian 1 1/23/02 1/23/02 4 16 Hughes, Michael 1 1/19/02 1/19/02 2 18 Hughes, Michael 1 1/24/02 0124/02 4 9 Johnson, Jennifer L 1 1/14/02 1/14/02 1 1 1 to be removed - Johnson, Jennifer L 1 1/14/02 1/14/02 1 10 Johnson, Jennifer L 1 1/14/02 1/14/02 1 36 Johnson, Jennifer 1 1/15/02 1/15/02 2 30 Johnson, Jennifer L 1 1/17/02 1/17/02 3 12 Johnson, Jennifer L 1 1/21/02 1/21/02 2 25 Johnson, Jenny Ellynn 1 1116/02 1/16/02 3 5 Krick, Willard 1 1/13/02 1/20/02 4 10 1 to be removed - LeMay, Robert Dell 1 1/9/02 1/9/02 1 56 1 to be removed- 01? LeMay, Robert Dell 1 1/10/02 1/10/02 1 19 LeMay, Robert Dell 1 1/11/02 1/11/02 1 18 LeMay, Robert Dell 1 1/11/02 1 /11 /02 1 42 Lopez, Ricky 1 1/13/02 1/13/02 1 47 Lopez, Ricky 1 1/14/02 1/14/02 1 1 Lopez, Ricky 1 1/14/02 1/14/02 1 3 Lopez, Ricky 1 1/14/02 1/14/02 1 2 Lopez, Ricky 1 1/15102 1115/02 3 1 Lopez, Ricky 1 1/15/02 1/15/02 2 13 Lopez, Ricky 1 1/15/02 1/15/02 2 1 Lopez, Ricky 1 1/17/02 1/17/02 3 17 Lopez, Ricky 1 1/17/02 1/17/02 3 11 Lopez, Ricky 1 1/17/02 1/17/02 2 28 Lopez, Ricky 1 1/17/02 1/17/02 2 34 Lopez, Ricky 1 1/18/02 1/18/02 3 16 Lopez, Ricky 1 1118/02 1/18/02 3 23 Lopez, Ricky 1 1/19/02 1/19/02 2 15 Lopez, Ricky 1 1/21/02 1/21/02 2 12 Lopez, Ricky 1 1/21/02 1/21/02 2 7 Reed, Rich L 1 1/9/02 1/10/02 1 52 Reed, Rich L 1 1/12102 1 16 Reed, Rich L 1 1/12/02 1 31 Reed, Rich L 1 1/13/02 1 5 Reed, Rich L 1 1/13102 1 12 Reed, Rich L 1 1/17/02 3 5 Reed, Rich L 1 1/19/02 2 21 Reed, Rich L 1 1/19/02 2 1 Reed, Rich L 1 1/20/02 2 10 Reed, Rich L 1 1/20/02 2 4 Reed, Rich L 1 1/23/02 4 1 Reed, Rich L 1 1/23102 4 5 Sorensen, Chris 1 1118102 1/18/02 3 8 Switz, Richard J 1 1/11/02 1/13/02 3 10 Tyrrell, Margaret 1 1/6/02 1/14/02 3 41 Tyrrell, Margaret 1 1/13/02 1/20/02 2 3 Tyrrell, Margaret 1 1/17/02 1/20/02 2 3 Tyrrell, Thomas 1 1/6/02 116102 3 13 Waiters, Rodney ? 1 1/21/02 1/21/02 2 10 Ward, Robert Evan 1 1/20/01 1/20/02 2 15 Ward, Robert Evan 1 1/15102 1115102 3 2 Ward, Robert Evan 1 1/15/02 1/15/02 3 33 Ward, Robert Evan 1 1/16/02 1/16/02 3 35 Ward, Robert Evan 1 1/17/02 1/17/02 3 21 Ward, Robert Evan 1 1/17/02 1/17/02 3 1 Ward, Robert Evan 1 1/18t02 1/18102 3 12 Ward, Robert Evan 1 1/19/02 1/19/02 2 20 Ward, Robert Evan 1 1/20/02 1/20/02 2 12 Ward, Robert Evan 1 1121102 1/21/02 2 12 Ward, Robert Evan 1 1/23/02 1/23/02 4 8 2 to be removed - 2 to be removed- 2 to be removed- 1 to be removed- 1 to be removed- 1 to be removed- oil 4 Ward, Robert Evan 1 1/24/02 1/24/02 4 g Wenger, William V 1 1/6/02 1/8/02 1 61 Warrick, Shiloh 1 1/12/02 1/12/02 1 40 Warrick, Shiloh 1 1/13/02 1/13/02 1 26 Winston, Harry Paul 1 1/17/02 1/17/02 3 6 Winston, Harry Paul 1 1/18/02 1/18/02 3 11 Winston, Harry Paul 1 1/22/02 1/23/02 4 7 Winston, Harry Paul 1 1/22/02 1/22/02 2 13 1718 2 to be removed - 2 to be removed- 015 CIRCULATOR NAME (RESO) # of Petitions START DATE END DATE BOX # # of Sig Anderson, Judy 1 1/16/02 2 8 Anderson, Tim 1 1/15/02 1/15/02 2 4 Anderson, Tim 1 1/16102 1116/02 2 15 1 to be removed - Aull, John Christopher 1 1/7/02 1/20/02 3 18 Budds, Claudia 1 1/16/02 1/16/02 2 28 Budds, Claudia 1 1118102 1118102 2 3 Budds, Claudia 1 1/19/02 1 3 Crowley, Glenn 1 1/9/02 1111/02 1 25 3 to be removed - Duckett, Natalie R 1 1114102 1114102 1 17 2 to be removed - Duckett, Natalie R 1 1/17/02 1/17/02 2 12 Duckett, Natalie R 1 1/17/02 1/17/02 2 7 Duckett, Natalie R 1 1118102 1118102 2 3 Duncan, Emma 1 1/13/02 1/13/02 1 55 Fnedkin, Jane Waag 1 1/12/02 1/24/02 4 11 Garnholz, Elizabeth 1 1/13/02 1/13102 1 21 1 to be removed - Garnholz, Elizabeth 1 1/15/02 1/15/02 2 7 Garnholz, Elizabeth 1 1/15/02 1/15/02 2 3 Garnholz, Elizabeth 1 1116/02 1119/02 3 24 Garnholz, Elizabeth 1 1/20/02 1/20/02 3 24 Gordon, Allen 1 1/20/02 3 15 Haberman, Jason 1 1113/02 1/13102 1 13 Haberman, Jason 1 1/13/02 1/13/02 1 10 Haberman, Jason 1 1/13/02 1/13/02 1 20 Haberman, Jason 1 1113102 1/13102 1 61 Haberman, Jason 1 1/13/02 1/13/02 1 17 1 to be removed - Haberman, Jason 1 1/14/02 1/14/02 1 14 Haberman, Jason 1 1/14/02 1/14102 1 6 Hickman, Ward R 1 1/17/02 1/17/02 2 3 Hickman, Ward R 1 1/18/02 1/18/02 2 41 Hickman, Ward R 1 1/19102 1119/02 3 16 Hickman, Ward R 1 1/20/02 1/20/02 3 1 Hickman, Ward R 1 1/22/02 1/22/02 3 10 Hickman, Ward R 1 1/23/02 1/23/02 3 14 Hickman, Ward R 1 1/24/02 1/24/02 3 12 Hughes, Brian 1 1/22/02 1/22/02 3 20 Hughes, Brian 1 1/23102 1123102 3 18 Hughes, Brian 1 1/24/02 1/24102 3 14 Hughes, Michael 1 1/19/02 1/19/02 3 18 Hughes, Michael 1 1/24102 1124102 3 9 Johnson, Jennifer L 1 1/14/02 1/14/02 1 37 Johnson, Jennifer L 1 1/14/02 1/14/02 1 1 1 to be removed - Johnson, Jennifer L 1 1114/02 1/14102 1 10 Johnson, Jennifer L 1 1/15/02 1/15/02 2 31 1 to be removed - Johnson, Jennifer L 1 1/16/02 1/16102 2 5 Johnson, Jennifer L 1 1117/02 1/17102 2 12 Johnson, Jennifer L 1 1/21/02 1/21/02 3 25 Krick, Willard 1 1/13/02 1/20/02 4 10 1 to be removed - LeMay, Robert Dell 1 1/9102 1/9102 1 19 0 7 f, LeMay, Robert Dell 1 1/10/02 1/10/02 1 19 LeMay, Robert Dell 1 1/11/02 1/11/02 1 16 LeMay, Robert Dell 1 1/11/02 1/11/02 1 41 Lopez, Ricky 1 1/13/02 1/13/02 1 46 Lopez, Ricky 1 1/14/02 1/14/02 1 3 Lopez, Ricky 1 1/14/02 1/14/02 1 1 Lopez, Ricky 1 1/15/02 1/15/02 2 14 Lopez, Ricky 1 1/17/02 1/17/02 2 12 Lopez, Ricky 1 1117/02 1117/02 2 18 Lopez, Ricky 1 1/17/02 1/17/02 2 2 Lopez, Ricky 1 1/17/02 1/17/02 2 35 Lopez, Ricky 1 1118102 1118/02 2 16 Lopez, Ricky 1 1/18/02 1/18/02 2 1 Lopez, Ricky 1 1/18/02 1/18/02 2 1 Lopez, Ricky 1 1/19/02 1/19/02 3 15 Lopez, Ricky 1 1/21/02 1/21/02 3 12 Lopez, Ricky 1 1/21/02 1/21/02 3 7 Reed, Rich L 1 1/8102 1/10102 1 45 Reed, Rich L 1 1/12/02 1 29 Reed, Rich L 1 1/12/02 1 16 Reed, Rich L 1 1/13102 1 11 Reed, Rich L 1 1/13/02 1 4 Reed, Rich L 1 1/17/02 2 5 Reed, Rich L 1 1119102 3 20 Reed, Rich L 1 1/19/02 3 1 Reed, Rich L 1 1/20/02 3 4 Reed, Rich L 1 1/20/02 3 10 Reed, Rich L 1 1/23/02 3 1 Reed, Rich L 1 1/23/02 3 7 Sorensen, Chris 1 1/18/02 1/18/02 2 8 Switz, Richard J 1 1/7/02 1/13/02 2 10 Tyrrell, Margaret 1 1/6/02 1/14/02 2 37 Tyrrell, Margaret 1 1/13/02 120/02 3 4 Tyrrell, Margaret 1 1/17/02 1/20/02 3 3 Waiters, Rodney o 1 1/21/02 1/21/02 3 9 Ward, Robert Evan 1 1/15/02 1/15/02 2 38 Ward, Robert Evan 1 1/15/02 1/15/02 2 2 Ward, Robert Evan 1 1/16/02 1/16/02 2 37 Ward, Robert Evan 1 1/17/02 1/17/02 2 23 Ward, Robert Evan 1 1/18/02 1/108/02 2 13 Ward, Robert Evan 1 1119102 1/19102 3 20 Ward, Robert Evan 1 1/20/02 1/20/02 3 15 Ward, Robert Evan 1 1120/02 1/20/02 3 12 Ward, Robert Evan 1 1121102 1121/02 3 12 Ward, Robert Evan 1 1/23/02 1/1/02 3 11 Ward, Robert Evan 1 1/24/02 1/24/02 4 9 Wenger, William V, 1 119102 1 30 Wernick, Shiloh 1 1/12/02 1/12/02 1 43 Wernick, Shiloh 1 1/13/02 1/13/02 1 27 2 to be removed - 2 to be removed- 1 to be removed- 1 to be removed- 2 to be removed - 2 to be removed- 01? Winston, Harry Paul 1 1/14/02 1/14/02 1 10 Winston, Harry Paul 1 1/17/02 1/17/02 2 6 Winston, Harry Paul 1 1/18/02 1/18/02 2 11 Winston, Harry Paul 1 1122102 1/22/02 3 13 Winston, Harry Paul 1 1/23/02 1/23/02 3 6 1591 01 iS BELL, MCANDHEWS, HILTACHK & DAVIDIAN, LLP ATTORNEYS AND COUNSELORS AT LAW 1441 FOURTH STREET SANTA MONICA. CALIFORNIA 90401 CHARLES H BELL JR COLLEEN C MCANDREWS THOMAS W HILTACHN BEN DAVIDIAN JOSEPH A GUARDARRAMA ALLISON R HAYWARD OF COUNSEL VIA MESSENGER The Hon Mike Gordon Mayor 300 N. Sepulveda Blvd , Ste 2050 El Segundo, CA 90245 The Hon. Nancy Wermck Council Member City of El Segundo 350 Main Street El Segundo, CA 90245 Re: Referenda Petitions (310) 458 -1405 FAX (310) 260 -2666 February 15, 2002 The Hon. Sandra Jacobs Mayor Pro Tent 350 Main Street El Segundo, CA 90245 2012 He 15 PPl 2. 24 The Hon. Kelly McDowell Chair, Leadership El Segundo City Councilman & Attorney 335 Center Street, # B, El Segundo, CA 90245 Dear Honorable Members of the El Segundo City Council: 45S CAPITOL MALL SUITE 801 SACRAMENTO CA 95614 (916) 442 -7757 FAX (916) 442 -7759 www BMHlaw com The Hon. John Gaines Council Member City of El Segundo 350 Main Street El Segundo, CA 90245 This firm represents Thomas Properties Group and TPG -El Segundo Partners, LLC. As you are aware, two referenda petitions were recently circulated in El Segundo to overturn two decisions of your Council on January 2, 2002, approving the El Segundo Corporate Campus. The signatures on those petitions are currently being checked for validity by the Los Angeles County Registrar. It has come to our attention that the petitions were invalidly circulated in El Segundo by individuals who were not qualified to be voters in El Segundo because they were residents of cities other than El Segundo in contradiction to Elections Code section 9237. A calculated effort by a professional bounty hunter signature firm, and certain non - resident professional circulators, duped El Segundo residents to "witness" petitions in the Affidavit of Circulator portion of each petition, when in fact, the "witnesses" did not actually see the signatures being appended to the petition, as required by Elections Code section 104. 557802 01 y CONFIDENTIAL ATTORNEY- CLIENT PRIVILEGE Letter to The Hon. Mike Gordon, The Hon. Sandra Jacobs, The Hon. John Gaines, The Hon, Nancy Wernick and The Hon Kelly McDowell February 15, 2002 Page 2 Specifically, the El Segundo resident "witnesses" were induced to sign specific petition books when they, in fact, state they had not observed any signatures being appended in those books or even accompanied the actual non - resident professional circulator. In other cases, the "witnesses" were not in near enough proximity to the non - resident professional circulator to see signatures being appended in order to satisfy the Elections Code requirement. The "witnesses" also suspect that after they signed the Affidavit of Circulator section on a petition booklet, further signatures were acquired by the non - resident professional circulators which the "witnesses" did not observe being appended. Any individual can make these charges, however, the evidence that we have obtained is of a sufficient weight that it has been turned over to the Public Integrity Unit of the office of the District Attorney and we understand that an investigation is underway. The evidence voluntarily provided to our client involves testimony given under oath by circulators, declarations of third party witnesses, and video tape. Our client also will continue to investigate this matter in its own right, and we believe that other civic minded citizens of El Segundo will come forward in the interest of justice, once this matter is made public. We urge the City Council to instruct the City Clerk to undertake her own investigation to ensure that the rights of El Segundo residents have not been violated. We further request the City Council to refrain from calling an election on the referenda, should the Los Angeles County Registrar return the petitions with sufficient valid signatures on the face of the petitions, until a thorough investigation has been completed.' It would be a serious injustice to our client, El Segundo Partners, LLC, and its Corporate Campus project, as well as to the Council and the people who elected you, if the opponents, Kilroy Realty Corporation and its sponsored group, Citizens Against Gridlock in El Segundo, were permitted to purchase an election through an invalid circulation of two referenda petitions. In furtherance of the City's investigation and our own, we request that the City Council obtain from the City Clerk the following preliminary data which we have been told ' We also wish to call to your attention and the attention of the City Clerk Elections Code section 17200 requiring the preservation of referenda petitions until eight months after any election. 557802 020 CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGE Letter to The Hon. Mike Gordon, The Hon. Sandra Jacobs, The Hon. John Gaines, The Hon Nancy Wemick and The Hon. Kelly McDowell February 15, 2002 Page 3 was compiled prior to the petitions being sent to the Registrar:' 1. The names of each circulator for both of the two referenda petitions. 2. The number of raw signatures attributed to each circulator per referendum (The whistle blowers claim very few signatures were contained in the booklets each witnessed.) 3. The number of signatures attributed by booklet for each circulator per referendum. 4 A copy of the front and back pages of the petitions (any signature names may be redacted). We also respectfully suggest that the City Council ask the City Clerk to examine the petitions when they are returned from the Registrar to ascertain the following facts: 1 Is the section of the Affidavit of Circulator saying, "All signatures on this document were obtained between the dates of (day /month/vear) and (day /month/year) " filled out in the same handwriting and ink color as the signature of circulator? (If the ink and handwriting diverge, that indicates that the booklets were circulated after the "witnesses" signed them.) 2. What are the dates on the Affidavit of Circulator for each alleged circulator? (If they do not match the dates that the "witnesses" actually worked for the professional circulator firm, that indicates that the booklets were circulated after the "witnesses" signed them). 3 How many signatures validated by the County Registrar are attributed to each circulator? We are also submitting with this letter a memorandum addressed to your City ' We are informed and believe that this information has already been compiled by the City Clerk and therefore could be the subject of a Public Records Act request. It falls outside the exemption in Government Code section 6253 5 protecting the names of the actual signators to the petition. Neither the names of the circulators, nor the data collected by the City and existing in its records separate from the petitions, appear to be covered by the exemption. 557802 021 CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGE Letter to The Hon. Mike Gordon, The Hon Sandra Jacobs, The Hon. John Gaines, The Hon Nancy Wemick and The Hon. Kelly McDowell February 15, 2002 Page 4 Attorney setting forth the legal options facing you if the petitions are returned with alleged sufficient signatures. We believe there is more than ample legal justification for you to delay setting any election until the City Clerk or others have an opportunity to investigate the validity of the petitions and the investigation by the Office of Public Integrity of the District Attorney has proceeded. If it is eventually determined that there are sufficient valid signatures collected by qualified circulators to set the referenda for election, my client is anxious to have the electron set at the earliest possible date to allow the citizens of El Segundo to decide this matter for themselves. Last, there are strong public policy considerations in this matter. In recent years, the initiative, referendum and recall powers reserved to the people of California through its state constitution, have been abused by monied special interests. Initiatives, referenda, and recalls are often promoted by a wealthy industry, or in this case, an individual company, using the process for an economic goal, rather than a reflection of public outrage when a legislative body fails to represent its constituents. The abuse of the petition process is made possible by the existence of for -hire petition circulation companies that pay bounty- hunter circulators on a per - signature basis to collect signatures (as was done in El Segundo). While the U.S Supreme Court has held the use of paid petition circulators to be constitutional, the California Legislature in its wisdom has attempted to connect the petition circulation process to the community affected, by requiring circulators to be local residents in order to limit the impact of outside economic interest in a small community. The legislature, as recently as the most recent session, re- invoked this strong public policy of limiting referendum petition circulation to residents of a jurisdiction. (See SB 904 which amended Elections Code section 9237, the primary statute violated by the referenda proponent.) It is good public policy for the El Segundo City Council to uphold this requirement. 557902 0 ? 2 CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGE Letter to The Hon Mike Gordon, The Hon. Sandra Jacobs, The Hon. John Gaines, The Hon. Nancy Wermck and The Hon. Kelly McDowell February 15, 2002 Page 5 It would be bad policy to reward wrongdoing and set for an election a petition demonstrably suspect and circulated by paid bounty hunters, who induced local residents to earn money and possibly participate in an election illegality and fraud. It is entirely reasonable for the El Segundo City Council to proceed with caution until these serious charges are resolved. cc Mark ensley, Esq , City Attorney mdy Mortesen, City Clerk CCM:rw 557802 Very truly yours, 61 61 it r. A shall Colleen C McAndrews 0 23 BELL, McANDREWS, HILTACHK & DAVIDIAN, LLP ATTORNEYS AND COUNSELORS AT LAW 1441 FOURTH STREET SANTA MONICA, CALIFORNIA 00401 13101 456 -1405 FAX (310) 260 -2666 CHARLES H BELL JR COLLEEN C MCANDREWS THOMAS W HILTACHK BEN DAVIDIAN JOSEPH A GUARDARRAMA ALLISON R HAYWARD OF COUNSEL VIA FACSIMILE MrlalZ� February 15, 2002 TO Mark Hensley, Esq. h� FROM: Colleen C McAndrews, Esq. CV RE: Referenda Legal Issues 455 CAPITOL MALL SUITE 601 SACRAMENTO, CA 95614 (916) 442 -7757 FAX 19161 442-7759 www BMHIaw com This memo sets forth the options available to the El Segundo City Council assuming arguendo that the Los Angeles County Registrar- Recorder returns the referenda petitions submitted by Kilroy Realty Corporation and its sponsored organization, Citizens Against Gridlock in El Segundo, with a sufficient number of valid signatures. Question Presented May the El Segundo City Council delay setting an election for the two referred matters, Ordinance 1345 and Resolution 4241, for a reasonable period of time while the Council determines if the two referenda petitions were validly circulated by "a person who is a registered voter or who is qualified to be a registered voter of the city ?" Answer Yes, among the options available to the El Segundo City Council is to wait for a reasonable period of time in order to set for an election only referenda questions that have been validly circulated in the City of El Segundo. 557802 024 Memorandum to Mark Hensley February 15, 2002 Page 2 Legal Analysis General Referendum Framework The California Constitution preserves the power of "referendum" for the citizens of the State (Cal. Const Art II, §9.) In general terms, the power of referendum delays the effective date of all laws (excluding those passed on an urgency basis) for a specified period of time. In the case of municipal ordinances, these laws do not take effect until 30 days after the date of final passage (Elec. Code §9235.) During this time delay, voters who are displeased with the passage of an ordinance may petition for the city council to reconsider the ordinance. If ten percent of a city's registered voters sign the petition, and the petition is certified by the city clerk, the law is suspended from taking effect and the council has the option of either repealing the ordinance in its entirely, or placing it on the ballot for voter approval. (Elec Code § §9237, 9241 ) Should a council decide on the latter course, a majority of voters must approve the ordinance before it can take effect. (Id.) If the ordinance is either repealed by the council upon reconsideration or is voted down by by the electorate, the ordinance may not be re- adopted for a period of one year. (Id.) Last year, the legislature passed and the governor signed Senate Bill 904, effective January 1, 2002, and amending Elections Code section 9237. SB 904 made a technical modification to the Elections Code reviving parts of it that were rendered inoperative following the United States Supreme Court decision in Buckley v. American Constitutional Law Foundation (1999) 525 U.S. 182. The newly amended section 9237 now requires that a referendum petition be circulated by "a person who is a registered voter or who is qualified to be a registered voter of the city." Accordingly, SB 904, as reflected in section 9237, requires that any person circulating a referendum petition attest (on each section of the petition that he or she circulates) to his or her eligibility to register to vote in the city, and that he or she witnessed all of the signatures on the petition. (Elec. Code §9238.) In practical terms, this means that city referendum petitions must be attested by residents of the city, who are over 18 years of age, who are United States citizens, who have witnessed all of the signatures being placed on the petition, and who meet the other 557802 025 Memorandum to Mark Hensley February 15, 2002 Page 3 criteria for voter registration (e g., no prior felony convictions). (Elec. Code. §9238(c); see also Elec Code § 102 (stating generally that only someone who is qualified to vote may circulate a petition). Options of a City Council Upon Return of a Certified Petition Assuming that the petitions return from the Los Angeles County Registrar with a facially sufficient number of signatures and assuming that the Council believes that there may be circulator error that should be investigated, what options are available? Elections Code section 9241 states: "If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body." The clearly obvious options are to repeal the ordinance or to set it for an election. However, section 9241 imposes no duty to perform either of these functions within a specific time. California courts have held that it is a widely recognized point of law that when a statute does not impose a specific time for performing a required act, the act must be performed within a reasonable time. In fact, an earlier case informing a city clerk of the time frame in which to inspect petitions held, "Although the Election [sic] Code does not specify the time in which the clerk shall perform the inspection duties imposed upon him, the law implies a reasonable time." (Beck v. Pratt (1972) 24 Cal. App. 3d 611, 616.) The Beck case relied on law common across all codes in California "that where no time limit is specified for doing an act, it may be done within a reasonable time. No citation of authorities is necessary on this point. What is reasonable time is dependent upon the surrounding circumstances." (Beck, supra, 24 Cal. App. 3d at 616 (citing to Covrello v Moco Fruit Co (1941) 42 Cal App. 2d 637, 639); see also 14 Cal. Jur. 3d (1999) Contracts §213.) 557802 026 Memorandum to Mark Hensley February 15, 2002 Page 4 While the Beck case held that the clerk was deficient in not returning within a reasonable time a petition to its proponents to attempt to correct facial errors, in the instant case, the City Council may consider the surrounding circumstances and take a reasonable period of time to ascertain the validity under the Elections Code of the present referenda petitions. Another factor to be considered in determining whether time is reasonable is whether it is within such a time frame as to work no injury to the other party. (14 Cal. Jur. 3d (1999) Contracts §213 ) In the instant case, a reasonable delay does not prejudice the proponents in that the project they oppose is suspended until such time as an election is held or the council rescinds the matter or, possibly, the petitions are deemed to be invalid. Therefore, the Council's duty under the Elections Code to set a referendum for an election must be exercised within a reasonable time. It is reasonable to take no action until such time as it is determined that the number of signatures suspect because of this invalid circulation activity would render the petitions invalid There is no harm to the Proponents of the referenda Great harm occurs to my clients if an election is called based on invalid referenda petitions. Furthermore, the legitimate right of the Council to make laws would also be undermined and ultimately harmed by invalid referenda petitions. Power of the City Council to Remedy Election Fraud The El Segundo City Council has the right to remedy election fraud that occurred in the circulation of the referenda petitions. In 1994, the California Court of Appeal affirmed the Los Angeles City Clerk's refusal to certify a referendum petition on the grounds that it was circulated by nonresidents, in violation of a local ordinance (a requirement analogous to the requirement in Elections Code section 9237, at issue in this case). (Browne v. Russell (1994) 27 Cal. App. e 1116.) The Browne court stated, "We can think of no better way to preserve the integrity of the referendum process as it relates to local ordinances than to require that only those eligible to vote for the members of the body which passed the ordinance be able to engage in the "core political speech" of attempting to gather signatures to 557802 02 Memorandum to Mark Hensley February 15, 2002 Page 5 challenge the ordinance " (Id. at 1125.) Further, the Brown court held that the case involved serious defects and that- "by requiring that circulators be city residents and voters, the City is seeking to preserve the integrity of the referendum process " (Id at 1127.) The Browne court permitted the City Clerk to refuse to certify the petitions based on circulator defects. The duties of City Clerks and City Councils have been found to be similar in nature. (deBottari v City Council of the City of Norco (1985) 171 Cal. App. 3d 1204, 1208 - 1209.) Therefore, under the authority of Browne, the City Council may find that the petition is insufficient for reasons of noncompliance with the residency requirement contained in section 9237 as a result of the election fraud committed by the petition circulators. Under this reasoning, the petition would not be "duly certified" and thus there would be no mandatory repeal or election as contemplated by Elections Code sections 9237 and 9241 Proponents of Referendum Will Argue the Council and Clerk Only Have Ministerial Powers There is a line of cases in which courts have endorsed the notion that a city council (or board of supervisors) has no discretion but to set duly certified petitions for elections (or repeal the referendum subject ordinances in the case of referendum petitions) (deBotarri, supra, 171 Cal. App. 3d at 1210, Save Stanislaus Area Farm Economy v Board of Superviors (1993) 13 Cal. App. 4 "' 141, 149; Citizens for Responsible Behavior v Superior Court (1992) 1 Cal. App. 4`h 1013, 102 1) However, in each of the cited cases, the city council/board of supervisors objections were against the substance of the proposed laws being referred (deBotarri, supra, 171 Cal. App. 3d at 1210 (repeal of zoning ordinance by referendum would have caused inconsistency with general plan in violation of state law); Save Stanislaus, supra, 13 Cal. App. 4' at 145 (court found that board of supervisors could not object to the substance of an initiative that sought to require that general plan amendments be voted on by the people); Citizens for Responsible Behavior, supra, 1 Cal. App. 4`h at 1013 (board of supervisors could not prevent placement of AIDS discnmination initiative on the ballot for reasons of substantive unconstitutionality).) None of the cases dealt with a legislative body 557802 Oafs Memorandum to Mark Hensley February 15, 2002 Page 6 determining that its authority to make laws was undermined by an invalid rn ocess. The El Segundo City Council has a valid interest in ascertaining that its legislative powers not be undermined by illegal processes and should not be forced to act ministerially until those questions are resolved. Even if a court were to find such city council action to be necessary, i.e., the city has no discretion (because of analogy to the substantive law reasons cited in deBottai i and its progeny), the same court may later validate such discretionary action by making its own findings of noncompliance with section 9237 and affirming election fraud. (Save Stanislaus, supra, 13 Cal. App. 4`h at 149 (government bodies may petition courts for writs of mandate to preclude duly certified measures from being placed on ballots, when they otherwise lack the authority to act unilaterally).) Conclusion Therefore, we urge the El Segundo City Council to delay setting the referenda petitions for an election for a reasonable time in which it can investigate further the serious allegations of violations of the California Elections Code and determine whether the petitions have been validly circulated by persons who are registered voters or qualified to be registered voters of El Segundo. cc: Metiers of the El Segundo City Council, by messenger I�IVls. Cindy Moretesen, City Clerk, by messenger CCM:rw 557802 029 Domann, Cathy To ALL CITY COUNCIL, Strenn, Mary, Stewart, Jeffrey, Hensley, Mark, Berger, Karl Cc. curdy mortesen @redondo org Subject* Corporate Campus The City has received correspondence from legal counsel for Corporate Campus alleging that the referendum process petitions were invalidly circulated Copies of the correspondence have been placed in your mail boxes at City Hall Cathy 030 RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION NO. 4241, ADOPTED JANUARY 2, 2002, AFFECTING THE EL SEGUNDO CORPORATE CAMPUS PROJECT. The City Council of the city of El Segundo resolves as follows SECTION 1 - Pursuant to Elections Code § 9241, the City Council repeals Resolution No 4241 that was adopted on January 2, 2002 affecting the El Segundo Corporate Campus Project SECTION 2 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 Mike Gordon, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED :A D Hensleyf , ity Attorney CERTIFICATION STATE OF C, �L FORNIA ) COUNTY OFthOS 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES -I- [C \My DocumentsO Segundo \Resolutions \Repealing resolution - referendum docl March 13, 2002 (131 NOES ABSENT ABSTENTION NOT PARTICIPATING. WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2001 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- [C \My DocumentsTI Segundo \Resolutions \Repealmg resolution - referendum doe] March 13, 2002 032 ORDINANCE NO. _ AN ORDINANCE REPEALING ORDINANCE NO. 1345, ADOPTED ON JANUARY 2, 2002, AFFECTING THE EL SEGUNDO CORPORATE CAMPUS PROJECT. The city council of the city of El Segundo does ordain as follows- SECTION 1 Pursuant to Elections Code § 9241, the City Council repeals Ordinance No 1345 that was adopted on January 2, 2002 affecting the El Segundo Corporate Campus Project SECTION 2 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 3 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 4 This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED AND ADOPTED this _ day of , 2002 Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 was duly introduced by said City Council at a regular meeting held on the day of , 2001, 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 Page 1 of 2 [C \My Documents\EI Segundo \Ordinances \Ordmance repealing Corporate Campus approval docl March 13, 2002 033 said Council held on the day of 2002, and the same was so passed and adopted by the following vote AYES NOES - ABSENT ABSTAIN Cindy Mortesen, City Clerk Page 2 of 2 [C \My Documents\El Segundo \Ordmances \Ordmance repeating Corporate Campus approval duel March 13, 2002 034 RESOLUTION NO. A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION ON PURSUANT TO ELECTIONS CODE § 1410. The City Council of the city of El Segundo resolves as follows SECTION 1 Pursuant to Elections Code § 1410, the City Council calls for a special municipal election to be held in the City of El Segundo on , for the purpose of holding a referendum SECTION 2 Pursuant to Electrons Code § 13120 the exact form of the questions to be voted on at the electron as they should appear on the ballot are as follows- SHALL THE ORDINANCE (ORDINANCE NO. 1545) APPROVING THE EL SEGUNDO CORPORATE CAMPUS SPECIFIC PLAN AND THE DEVELOPMENT AGREEMENT; GENERAL PLAN AMENDMENTS; Yes ❑ ZONING REGULATION CHANGES; ADMINISTRATIVE USE PERMIT; AND A SUBDIVISION MAP FOR THE EL SEGUNDO CORPORATE No ❑ CAMPUS PROJECT BE ADOPTED? SHALL THE RESOLUTION (RESOLUTION NO. 4241) CERTIFYING THE Yes ❑ FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION FOR THE EL No ❑ SEGUNDO CORPORATE CAMPUS PROJECT BE ADOPTED? SECTION 3 The polls will open at 7 a m. on electron day and remain open until 8 p m SECTION 4 El Segundo City Hall, located at 350 Main Street in El Segundo, is designated the Central Counting Place where all ballots of the electron will be tallied SECTION 5 The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election [C \My Documents \El Segundo \Resolutions \Holding Election - Referendum docl March 13, 2002 0 35 SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 Mike Gordon, Mayor ATTEST. Cindy Mortesen, City Clerk I APPROVED By Mark D. Hensl , City Attorney CERTIFICATION STATE OF CAEIFORNIA ) 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING- WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2001 Cindy Mortesen, City Clerk Of the City of El Segundo, -2- [C \My Documents \El Segundo \Resolutions\Holdmg Election - Referendum docl March 13, 2002 l� V i RESOLUTION NO. _ A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR AN ELECTION ON The City Council of the city of El Segundo resolves as follows SECTION 1 Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the election on forms provided by the City Clerk SECTION 2 Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286 A Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words, B Arguments may be submitted by the City Council, any councilmember authorized to submit an argument by the City Council, any individual voter eligible to vote on the measures; any bona fide association of citizens, or any combination of voters and associations, C. Arguments must be typewritten in at least a 12 point font, D Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting, E Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers F. If more than five (5) signatures accompany an argument, only the first five (5) will be printed G Arguments for or against the ballot measures must be received in the City Clerk's office not later than _[88 days before election]_ Rebuttal arguments must be received not later than [I0 days after initial arguments] SECTION 4- Pursuant to 42 U S C § 1973aa -la., the City Clerk will -I- [C \My DocumentsTt Segundo \Resolutions \Ballot Statement Referendum doe] March 13, 2002 037 A Translate all ballot arguments into Spanish, B Make translated copies of ballot arguments publicly available, SECTION 5 Proponents or opponents filing an argument must pay to the City the following A A fee equal to the pro rata share of the total actual cost for printing, handling, translating, and mailing ballot arguments. B At the time of filing an argument, a person will deposit $400 with the City Clerk which represents the following estimated costs $150, The cost of printing the argument in the voter's pamphlet in English The cost of translating the argument into Spanish $100, and 3 The cost of printing the argument in the voter's pamphlet in Spanish $150 C Should a proponent's or opponent's actual pro rated cost exceed the amount on deposit with the City Clerk, the person will, within thirty (30) days of receiving an invoice, pay the City Clerk any difference between the deposit amount and the actual cost. D Should a person's actual pro rated cost be less than the amount deposited with the City Clerk, then the City Clerk will refund any overpayment to that person within thirty (30) days after the election SECTION 8 This Resolution will remain effective until superseded by a subsequent resolution. SECTION 9 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 12002 Mike Gordon, Mayor -2- 1C wiy DocumentsO Segundo\Resoluuons\Batlot Statement Referendum docl March 13, 2002 038 ATTEST Cindy Mortesen, City Clerk APPRlarl &Berger Mark By. Assistant City ton CERTIFICATION STATE OF C#I WORNIA ) 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING, WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2001 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -3- [C \My Documents \El Segundo\Resolutwms \Ballot Statement Referendum docl March 13, 2002 03 .) RESOLUTION NO. A RESOLUTION DIRECTING THE CITY CLERK TO CANVASS THE GENERAL MUNICIPAL ELECTION ON The City Council of the city of El Segundo resolves as follows SECTION 1 Pursuant to Elections Code § 10263, the City Clerk is directed to canvass the election scheduled for SECTION 2 The City Clerk will canvass the election in accordance with Elections Code §§ 15302 -15303 SECTION 3 After completing the canvass, the City Clerk will certify the election results to the City Clerk pursuant to Elections Code § 10263 SECTION 4 This Resolution supersedes all previous resolutions regarding canvassing SECTION 5 This Resolution will remain effective until superseded by a subsequent resolution SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D Hens it By s arl Berger, Assistant City orr, .I- Mike Gordon, Mayor [C \My Documents \EI Segundo \Resolutions \Canvassing Resolution - Referendum docl March 13, 2002 040 CERTIFICATION 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 the said City is five; that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING, WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of ,2001 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- [C \My Documents \E] Segundo \Resolutions \Canvassing Resolution - Referendum doc] March 13, 2062 041 RESOLUTION NO. A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE BALLOT MEASURES REGARDING THE CORPORATE CAMPUS PROJECT. The City Council of the city of El Segundo resolves as follows- SECTION 1- Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot measures regarding the Corporate Campus protect to the City Attorney for an impartial analysis SECTION 2 Upon receiving the ballot measures, the City Attorney is directed to prepare an impartial analysis of the measures showing their effect, if any, on existing law and the operation of the measures. Such analysis must not be more than 500 words SECTION 3 The City Clerk is directed to have the City Attorney's analysis printed before the arguments for and against the measures Immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed "The above statement is an impartial analysis of Measure _ If you desire a copy of the legislation affected by this measure, please call the City Clerk's office at (3 10) and a copy will be mailed at no cost to you " SECTION 4 Pursuant to 42 U S C § 1973aa -la , the City Clerk will A Translate the City Attorney's analysis into Spanish, B Make translated copies of the City Attorney's analysis publicly available, SECTION 5 This Resolution will remain effective until superseded by a subsequent resolution SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 Mike Gordon, Mayor -I- [C My Documents \EI Segundo \Resolutions \City Attorney analysis docl March 13, 2002 (4, ATTEST Cindy Mortesen, City Clerk APPROVED Mark D Hen By 4�L4/ // i Karl H Berger Assistant City, CERTIFICATION 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of , 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2001 Cindy Mortesen, City Clerk Of the City of EI Segundo, California (SEAL) -2- [C \My Documents\EI Segundo \Resolunons\Qty Attorney analysis doe] March 13, 2002 n43 RESOLUTION NO. A RESOLUTION REQUESTING THAT THE LOS ANGELES COUNTY BOARD OF SUPERVISORS PROVIDE ELECTION SERVICES TO THE CITY FOR THE ELECTION. The City Council of the city of El Segundo resolves as follows SECTION 1 Pursuant to Elections Code § 10002, the City Council requests that the Los Angeles County Board of Supervisors assist the City with its local electron scheduled for SECTION 2 The services requested by the City include the following A Computer records of the names and addresses of all eligible registered voters in the City, B Furnish printed indices of all eligible voters within the City for use by the precinct board at polling places, C Provide additional electron equipment and assistance to the City in accordance with California law SECTION 3 The City will reimburse Los Angeles County for services performed pursuant to this request and upon the City's receipt of a County invoice SECTION 4: The City Clerk is directed to forward a certified copy of this Resolution to the Los Angeles Board of Supervisors and the Los Angeles County Clerk's office SECTION 5 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 Mike Gordon, Mayor ATTEST Cindy Mortesen, City Clerk [C \My Documents\El Segundo\Resoluttons \Request for County Assistance - Referendum doe] March 13, 2002 044 APPROVED AS Mark D Henslak By I/ v w41/ Z- Karl H Berger, Assistant Citv,t CERTIFICATION STATE OF CAYFORNIA ) 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote- AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2001 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- [C \My DocumentsO Segundo \Resolutions \Request for County Assistance - Referendum doe] March 13, 2002 045 O 4 S y p u m o� .V 2 W � S 1 py m NO yCC Y \ m m m m a n T II i4liri i a3 Rggc5�3 m � 3 st S A 1_ R Y F p x m G 3� I t R R y6 Y .7 7 n x m x v m io r 2S m z r M y H S e E z oD C 2 3 �v° S O N R T 3 3 W J J J O O O O O O r+ r r- r - - r r r p INj 888��1�- W��N +NN'm3'murG -888P� $ F4 o `Ji H H' I S� of m m o m� fQ 111N� SSN�'' ;myYi 2r .H ��TmN�� aazB�pX{��cy J w�� r�y� o IMMX379 $� €is3ic�xoa 0om5 Q m 'z3iSvOg O z oa i i A T z C y O T c m O N m N ±a= mm T' u8 r'm r:lw ' N N\+ N N N m r V N > W W\ p 8 W N' N P M O T s u a n z N 4 \) 2 A e �o mT � r N� m j C o�j O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 212312002 THROUGH 03/8/2002 Date Payee Amount Description 2/27/02 Union Bank 35,000 00 PGC -EI Segundo, LLC payroll 2/27/02 Health Comp 1,18823 Weekly claims 2/22 2/28/02 Employment Development 39,094 46 State Taxes PR 18 2128/02 IRS 194,590 61 Federal Taxes PR 18 3/4/02 Federal Reserve 10000 Employee Savings Bonds EE 3/4/02 Federal Reserve 75000 Employee Savings Bonds 1 3/6/02 Health Comp 3,84534 Weekly claims 2/29 2/23- 3/8/02 Workers Comp Activity 18,424 84 SCRMA checks issued DATE OF RATIFICATION: 03/19/02 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 1(LA Depujy Treas rer D� Direc or of Administrative Service Cdy ger 292,993 48 3 1 11 l0 Z. Date /�-d 2-- Date Date on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 292,993.48 047 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, MARCH 6, 2002 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5 00 p m ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present CLOSED SESSION: The City Council may move Into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q) 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(a)) 1 HIII v City of El Segundo, United States District Court (Central District) D C CV -98- 01463LGB 2 Citizen Against Gridlock in El Segundo and Kilroy Realty Corporation v City of El Segundo Los Angeles Superior Court Case No BC267404 3 Glover v City of El Segundo, LASC No YC 039465 4 City of El Segundo v Stardust, LASC No YC 031364 5 City of El Segundo v South Bay Regional Public Communications Authority, LASC No YC 040688 6 City of El Segundo v State Water Resources Control Board, SWR CB /OCC No A- 1448(b) 7 City of El Segundo v California Department of Transportation, et al LASC No BS051651 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b). -2- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1 - matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None. SPECIAL MATTERS — None Council adjourned to open session at 6 55 P M K MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 CI PAGE NO 1 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, MARCH 6, 2002 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7 00 p.m INVOCATION — Cathy Domann, Deputy City Clerk PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS — NONE ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present 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 Jane Pinlot, President of Council of PTAs and spoke regarding the upcoming Run for Education, Saturday, March 9, 2002 Harry Winston, resident, spoke, regarding the Corporate Campus Project Peggy Tyrell, resident, spoke regarding the Main Street restrlpping Joan Parker, resident, spoke regarding Main Street revitalization and spoke In support of Corporate Campus Liz Garnholz, resident, spoke regarding Consent Items 6 and 10 and Item 2 Bill Mason, contractor for Honeywell and member of the Chamber of Commerce, spoke in support of the Corporate Campus Project, Jim DiCarli, real estate broker, read into the record, a letter from Don Merritt, his partner in support of the Corporate Campus Project MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 PAGE NO 2 19 Mike Rotolo, resident, spoke regarding the Camp Eucalyptus Project Expressed support for the Council and the Corporate Campus Project Gad Church, resident, spoke in support of the Council, Mike Wyant, resident, spoke in support of the Council and the Corporate Campus Project Ralph Capo, resident, spoke in support of the Council and the Corporate Campus Project Mr Parker, resident, spoke in support of the Council Martin McCarthy, resident, spoke in support of the Corporate Campus Project Joe Brandon, resident, spoke regarding the downtown revitalization and public input Bill Wenger, resident, spoke regarding the Golf Course Management contract Council Member Gaines spoke regarding naming and dedicating City facilities Council Member Wernick noted that she could not participate in the Corporate Campus issue because of a conflict of Interest Mayor Gordon spoke regarding the Golf Course Management contract and "The Gordon Report' Andy Santamaria, Public Works Director, spoke on the Downtown Revitalization Project and the process the City went through A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Wermck, SECONDED by Council Member McDowell, to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1 Consideration and possible action regarding approval of conceptual design for Camp Eucalyptus (645 California Street), MAYOR GORDON NOT PARTICIPATING DUE A POSSIBLE CONFLICT Greg Johnson, Recreation and Parks Director, gave a report Frank Glynn, Architect, AIA, gave a presentation MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 "50 PAGE NO 3 MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to receive presentation and accept recommendation from the Recreation and Parks Commission for the Camp Eucalyptus conceptual design, MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT 2 Consideration and possible action regarding the adoption of a resolution stating policies and procedures for naming and dedicating City facilities Greg Johnson, Recreation and Parks Director, gave a report MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to adopt Resolution No 4247 adopting policies and procedures for naming and dedicating City facilities as amended to read Section 4, B, No 3 "Names of all city councilmembers at the time of conception design and dedication" and No 4 " Names of the Mayor and Mayor Pro Tern at the time of conception design and dedication" MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 3 Approved Warrant Numbers 2523388 to 2523652 on Register No 10 in the total amount of $626,733 29 and Wire Transfers from 02/09/2002 through 02/22/2002 in the amount of $1,013,843 80 and authorized staff to release Ratified Payroll and Employee Benefit checks 4 Approved City Council Meeting Minutes of February 5, 2002 and February 19, 2002 5 Approved funding FY 2000 -2001 reservations, designations and continuing appropriations in the FY 2001 -2002 Budget 6 PULLED BY MAYOR GORDON 7 Awarded Contract No 2982 to CJ Construction, Inc, for the 2001 -2002 Annual Contract for Curb and Sidewalk repair — Project No PW 01 -23 (fiscal impact $45,000 00) and authorized the City Manager to execute the contract on behalf of the City, 8 Awarded three (3) year contract to Cal -Air, Inc , for the retrofit/upgrade /maintenance of the Heating, Ventilation and Air Conditioning (HVAC) systems for various City buildings (fiscal impact $215,100 first year; $25,000 second year, $25,000 third year) and authorized the City Manager to execute Professional Service Agreement No 2983 on behalf of the City and extend the contract for up to two (2) additional one - year increments, per specifications and pricing in the RFP 9 Received and filed monthly status report on Capital Improvement Program Projects (no fiscal impact). MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 � C S PAGE NO 4 10 PULLED BY MAYOR PRO TEM JACOBS 11 Approved funding for the relocation of the El Segundo Community Cable Studio Office to temporary office facilities for duration of ESHS Building K construction contract, Approved one -time funding of $5,082 78 for the 12 month rental of mobile office unit from Williams Scotsman Inc, Approved one -time funding of $1,515 50 for the 12 month rental of container for storage from Martin Container, Inc , Approved one -time funding of approximately $4,000 for electrical service installation for temporary office trailer, Approved funding for approximately $2,000 for telephone /network service transfer to temporary office trailer, Approved one -time funding of $5,000 00 for cable transmitting modulator upgrade 12 Approved Contract 2763 Amendment No 3 for Custodial Services at Urho Saari Swim Stadium — Coastal Cleaning. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 3, 4, 5, 7, 8, 9, 11 and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6. Receive and file list of next steps prepared by staff relating to potential promotional, economic, legislative and other support for local businesses in response to issue raised at Town Meeting of January 30, 2002 by local businesses where businesses discussed the challenges faced as a result of the recession and the September 11, 2001 attacks MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to receive and file list of next steps prepared by staff relating to potential promotional, economic, legislative and other support for local businesses in response to issue raised at Town Meeting of January 30, 2002 by local businesses where businesses discussed the challenges faced as a result of the recession and the September 11, 2001 attacks MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 10 Approve the 2001/2002 vehicle and equipment purchase in the amount of $320,349 89 Funds were approved and are available in the 2001/2002 Equipment Replacement Fund Authorized staff to piggyback other governmental contracts such as the State of California, City, Special District or solicit bids and award contracts to the lowest responsible bidder, purchase designated equipment, and dispose of all identified surplus vehicles and equipment at auction All money received from auction will be placed back into the general or asset forfeiture funds as appropriate MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to approve the 2001/2002 vehicle and equipment purchase in the amount of $320,349 89 Funds were approved and are available in the 2001/2002 Equipment Replacement Fund Authorized staff to piggyback other governmental contracts such as the State of California, City, Special District or solicit bids and award contracts to the lowest responsible bidder, purchase designated equipment, and dispose of all identified surplus vehicles and equipment at auction All money received from auction will be placed back into the general or asset forfeiture funds as appropriate MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 PAGE NO 5 NEW BUSINESS — NONE F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — NONE I. REPORTS — CITY TREASURER — NONE J. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding perception of public Input during public communications and the Implication of the results of yesterday's election. Council Member Gaines — Spoke regarding the upcoming Capital Improvemets Project Committee meetings, Technology Subcommittee meeting, City website and public safety communications Reported on the recent Dreams of Flight Conference in San Diego Council Member Wernick — Spoke regarding the Treasurer's Report Also noted 80 new LAX jobs and asked any Interested residents to contact Diane Sanchez at 646 -5742 Spoke regarding Hyperion problems Mayor Pro Tern Jacobs — Spoke regarding the General Assembly Meeting Reported on West Vector Control Meeting Mayor Gordon — Spoke regarding the proposed El Toro Airport expansion Asked community to contact Senator Boxer to express opposition to the proposed legislation that would take away local control of airport expansion She can be contacted at 202 324 -3121 Spoke on Arbor Vitae Interchange meeting tomorrow, and cell phone dead spots Noted that Caltrans had been contacted regarding puddling problem at Palm and Sepulveda Spoke on the upcoming Run for Education 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 Jan Cruickshank, resident, spoke regarding Camp Eucalyptus project Spoke regarding public communications portion of the meeting Harry Winston, resident, spoke regarding the Corporate Campus project Spenser Shakstad, resident, spoke regarding a possible market at the Ralph's site and proposed parking structure MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 5 PAGE NO 6 Joe Brandon, resident, spoke regarding downtown revitalization MEMORIALS — In memory of Margaret Tucker, one of El Segundo's 75`h anniversary Diamonds and Walter Conner, 40 year employee of Recreation and Parks, CELEBRATIONS — Congratulations to Bill Hatcher, Fire Prevention Specialist with the El Segundo Fire Department, and his wife Annie, on the birth of their second daughter Kelsey ADJOURNMENT — at 9 12 p m Cathy Domann, Deputy City MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 6, 2002 5 4 PAGE NO 7 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 19, 2002 AGENDA HEADING' Consent AGENDA DESCRIPTION: Consideration and possible action regarding use of Proposition A transit funds to lease two vans for the Summer Beach Shuttle program RECOMMENDED COUNCIL ACTION: 1) Approve the use of Proposition A funding in an amount not to exceed $14,000 for FY 01- 02 leasing of vans for the Summer Beach Shuttle program and authorize the City Manager to submit Proposition A funding request, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On February 5, 2002 the City Council approved the Downtown Specific Plan Implementation Committee's recommendation to use Proposition C funds for the Downtown Shuttle Program south of Imperial using two existing City vans This affects the operation of the Beach Shuttle program using existing City vans The Beach Shuttle program proposal includes the leasing of two vans for three months per year and using existing budgeted drivers and maintenance costs at a leasing cost of $14,000 per year. Staff will submit a Program Request Form to MTA for the use Proposition A funds for this program ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT- Operating Budget* Amount Requested- Account Number: Project Phase: Appropriation Required- $14,000 $14,000 Prop A funding 112 -400- 5293 -6216 $14,000 Recreation Supervisor , Recreation and Parks Director bol City Manager 055 4 EL SEGUNDO CITY COUNCIL MEETING DATE. March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of purchase of 2002 Encore Showmobile Wagon Model #089E031 and associated equipment from the Wenger Corporation ($86,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize staff to piggyback a Federal Government General Services Agency (GSA) contract with Wenger Corporation for the purchase of 2002 Showmobile Wagon and associated equipment for city and community special events platform and staging arena, (2) Authorize the Issuance of a purchase order to the Wenger Corporation, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION: The purchase of the 2002 Encore hydraulic Showmobile, which is provided by Wenger Corporation, will provide the city with a premier portable staging arena and platform for all major special events throughout the city The hydraulic elements will allow fewer staff hours for set up and breakdown and provide smooth transition for ADA accessibility and provide compliance for staging outdoor events The lift will also help for loading and unloading equipment, the additional stairway will provide access to both sides of the stage increasing usability The Showmobile provides a superior product through manufacturing, dimensions and final presentation of staging than it's one other competitor on the market It also provides more versatility by featuring custom extensions to staging, hydraulics, lighting, and input/outputs for additional sound systems and electrical needs (Continued on the next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Capital Improvement Project: Operating Budget - $95,400 Amount Requested: $85,533 Account Number: 108 -400- 0000 -8104 Project Phase. Purchase Appropriation Required. X Yes _No DATE: March 8, 2002 of Recreation and Parks G—\ r 4 '� ad— /� f Z_ Mary renn, City Manager /�' 056 5 In the past, the city has had to borrow an old Showmobde from Manhattan Beach, which is no longer available The department has also rented and/or set up shorter portable risers for staging events This proved inefficient and minimal for usability and non - compliant with ADA requirements, The purchase of a new Showmobde will feature a state of the art, safe and efficient focal point and staging arena for all special events It will provide the most effective components for all aspects of event planning and accessibility for set up and breakdown, Speakers, Emcee, live entertainment, award ceremonies, and general public access This is an approved FY 01 -02 budgeted item, funded from the Recreation and Parks Departments Associated Recreation Fund Balance (Fees collected annually from recreation classes and programs) 0 5 i EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action for adoption of plans and specifications for the landscaping and street scaping of the median Islands in Sepulveda Boulevard Approved Capital Improvement Program (estimated cost = $766,000) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve plans and specifications; (2) Authorize staff to advertise the project for the receipt of construction bids, (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The recently completed Sepulveda Boulevard Widening Protect included construction of raised median islands without landscaping. The City received a State Grant of $678,000.00 from the Transportation Enhancement Activities Fund to construct landscaping improvements in Sepulveda Boulevard, between Rosecrans Avenue and Imperial Highway. The City is providing $88,000 00 of local Proposition "C" revenue as matching funds Plans and specifications have been completed and the project is now ready to be advertised for receipt of construction bids The City has executed an agreement with Caltrans to receive the grant funds ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT- Capital Improvement Program: Amount Requested: Account Number- Project Phase: Appropriation Required* (continued on the next page...) $766,00000 Grant amount = $678,000 00 City matching funds = $ 88,000 00 301 -400- 8203 -8636 Adoption of plans and specifications No Andres Santamana, Director of Public Works DATE. March 13, 2002 WCOUNCIL -MARCH 1901 (Tumday 03 12 -02 11 00 AM) 6 0 58 BACKGROUND AND DISCUSSION (continued) 1 Staff applied for TEA Grant in September of 1999 2 Grant was awarded in the spring of 2000 3. Staff prepared design and specifications and obtained an encroachment permit from Caltrans in December of 2000 4 City Council approved conceptual layout of proposed landscaping and streetscaping 5 Request for authorization to proceed with construction was submitted 6 Contribution agreement was executed in November of 2001 7 CTC allocated the funds in February 28, 2002 and issued a Notice to Proceed to the City for the construction N COUNCIL-MARCH 1901 (Tuesday 0312 -02 11 00 AM) C5� EL SEGUNDO CITY COUNCIL MEETING DATE March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action approving a License Agreement with Northrop Grumman Systems Corporation for the Installation of underground communication conduits and outdoor fiber cable within the public street rights -of -way (Annual revenue generated is = $238 00) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve License Agreement with Northrop Corporation Systems Corporation, (2) Authorize the City Manager to execute the agreement on behalf of the City, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION Northrop Grumman Systems Corporation has requested permission to install an estimated 2,213 linear feet of 4" diameter communication conduits and 165 feet of sheathed, single mode, multi- strand outdoor fiber cable in the Douglas Street and Mariposa Avenue rights -of- way, as shown on the attached map The License Agreement provides for an annual franchise fee based on a unit fee of $0 10 /foot/year per lineal foot of conduit or cable and will be adjusted annually in accordance with the Consumer Price Index (CPI) Staff recommends that the City Council approve the License Agreement with Northrop Grumman Systems Corporation for installation of communication conduits and outdoor fiber cable ATTACHED SUPPORTING DOCUMENTS Proposed License Agreement with map showing locations FISCAL IMPACT. Revenue to the City = $238 00 Capital Improvement Program. Amount Requested, Account Number. Project Phase: DATE March 13, 2002 Andres Santamaria, Director of Public Works 7 N \COUNCIL -MARCH 1902 (Tuesday 03 -13 -02 8 00 AM) 060 YI A 1 z LL L 061 a \ O W IA1Nlf0] 53130N• $01 AMY 3NNON11AVH YO All] 2 I sq4 � < 1 yB3N31i DD3I0 NYC y U q I � i 0 n ♦ 3M1Y Nnf Y6 r J In I I I Hull oa Y1 I J L I L J m n a I. O4v Y L 1• r m YWns L1q lu YOUOM Q b LhWS � 1)FYON — q_ O 6 ¢ ° ; 1 a 2 ' z r J a 3At OONOOIY � ZO �< a a YnlYa) AN F c S f OY L31n0 1Y11W4Wa 2 a ` 3NIl N3itl0 i Otl13N is aIIOY.I F _ II Li MfYN IS NSYN J Q yj J • Y� (31.1191/1 lY ")911113] V 1� ' �J W AYM YY \ ; W m W o AYM s3MJIM -- -- - 0 /1 031115 2 1 � (WJ aS 0131 G S1tlDiY �� N : F V f o Y W n m Moil sil YO]AIOYIS a Imo, a9 YM.1°MI MLIY SG'1 A ��_]M YY° _ n ry 1f SH 1111 at NOasFINS.w 3AY •ll MUSSII. fYSN.Y YI11lSNlOtl LnN,.w 1f .IMYOJIAJN i Nlt. 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Q ILL Q 0 1t+ 1ftA n i O oU 2 V W — u Y LL O _ < oV YI A 1 z LL L 061 LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement ") is entered into this day of March, 2002 ( "Effective Date "), by the CITY OF EL SEGUNDO, a municipal corporation ( "City ") and by Northrop Grumman Systems Corporation, a Delaware corporation ( "NGC ") This Agreement is made with reference to the following facts and objectives A The City owns public street nghts -of -way commonly known as DOUGLAS STREET and MARIPOSA AVENUE, as shown on the attached maps labeled Exhibit "A ", and B NGC seeks permission to perform certain acts upon, under, over, along and across the property described above, specifically to install and maintain a 4" Schedule 40 PVC communications conduit and a sheathed, single mode, multi -strand outdoor fiber cable. In consideration of NGC's performance of this Agreement, the City grants to NGC, subject to the terms and conditions of this Agreement, a temporary, non - exclusive, non - possessory license to lay, construct, maintain, operate, repair and remove communications conduits and cables in, under, over, along and across those certain public street nghts -of -way situated in the City of El Segundo, County of Los Angeles, State of California described above 3 NGC's communications conduits and cables will be installed in the general locations shown on attached Exhibit A which is incorporated in this Agreement as specifically shown on maps to be filed with the City's Public Works Director subject to the City's approval These maps will be incorporated into this Agreement upon the City's approval 4 NGC will submit engineering plans and specifications for the installation of conduits These plans will be prepared by a California licensed professional engineer All work within the public street nghts -of -way will be in accordance with City Standards, and the Standard Specifications for Public Works Construction and will require a City Department of Public Works Excavation permit NGC will pay an annual License Agreement Fee to the City, payable in advance every year on the anniversary date of this Agreement This fee will for the first year be Two Hundred Thirty -Eight Dollars ($238 00) This fee has been computed on a unit fee rate of $0.10 /foot/year of each separate conduit and a total estimated installation of 2,378 linear feet of conduit. This fee will be adjusted each year (from the effective date of this Agreement) based on the change in the Consumer Price Index, for the Los Angeles Area as issued by the United States Department of Commerce but in no event will be less than $238 per year 7 NGC will bear all costs or expenses in connection with the construction, maintenance, operation or repair of said communications conduits installed pursuant to this Agreement during the term of this Agreement Page 1 of 4 0 6 2 8 NGC will not unreasonably interfere with or obstruct the public use of the City's street rights-of-way and will promptly and properly backfill any excavations made by or for NGC as a part of installing the communications conduits and appurtenances Both parties will use their best efforts to cooperate in the construction, maintenance, operation or repair of the communications conduits and cables 9. The City may change the grade of any street or road affected by this Agreement or to locate or relocate municipal water pipes, sewer lines or any other city owned subsurface installations, and NGC will within tlurty (30) days after demand by the City, start to relocate the location of all affected conduits, and appurtenances laid, constructed or erected pursuant to this Agreement, so as to conform to such changes in grade, or such location or relocation of subsurface installations and proceed diligently to complete such relocation, all at NGC's sole expense In case NGC fails to comply with the City's instructions, the City may cause the work required to be done by others and will charge NGC for the cost NGC will immediately pay upon being presented with an accounting from the City 10 If any public property is damaged by NGC's construction or use of its conduits, or for any other cause ansmg from NGC's operation its communications conduits, NGC will, at its own cost and expense, immediately repair any and all such damage and restore said street or portion to as good condition as before such usage or cause of damage occurred, such work to be done under the direction and satisfaction of the Public Works Director 11. NGC, its employees, and agents, at any and all times when necessary, will have reasonable access to the communications conduits However, NGC will comply with all applicable provisions of applicable law including, without limitation, the El Segundo Municipal Code and will ensure that all materials furnished and used in installation of its communications conduits conform to City standards for such type of work and improvement. All designs, materials, and work will be subject to the approval of, and finished to the satisfaction of, the City 12 The license granted in this Agreement temporary only and may be revoked by the City at any time upon one (1) year advance written notice of such revocation to NGC. Such revocation may be made for any reason which the City, in the exercise of its sole but reasonable discretion, deems sufficient. No such revocation, however, will be made or ordered unless and until NGC is afforded an opportunity to be heard on the question of such revocation upon at least ten (10) days prior written notice to NGC of the time, place and purpose of such hearing The decision of the City in said matter, however, will be final and conclusive 13 In the event the license is revoked, NGC will at its own cost and expense, promptly remove from the property, if the City so requires, its communications conduits or portion thereof which the City in its discretion may designate for such removal, if any Upon removal, the streets from which the conduit is removed will be restored to the condition which they were in before removal, or to a better condition when required to meet the then in effect standards of the City. 14 NGC will indemnify, defend and hold harmless the City, its officers, employees and agents and each of them, from and against any and all suits, claims, actions, legal or administrative proceedings (excluding City administrative proceedings), demands, damages, liabilities, interest, attorneys' fees, costs, expenses or judgments, of whatever kind, ansing in any manner out of the construction by Page 2 of 4 0 6 .i NGC permitted pursuant hereto and the operation and maintenance by NGC of the facilities constructed pursuant hereto This indemnity in favor of the City will include, but not be limited to, any acts of negligence, or any omission to act where a duty to act exists, by or on behalf of NGC, and/or its officers, agents, contractors and subcontractors The foregoing indemnification will not be applicable to any suits, claims, actions, legal or administrative proceedings, demands, damages, liabilities, interest, attorneys' fees, costs, expenses or judgments, of whatever kind, caused by or ansmg from the active, negligent, willful or intentional misconduct of the City. Upon request, NGC will provide the City with a written certificate of insurance in an amount of at least $1,000,000 per incident certified single limit public liability, naming the City as additional insured, and will provide that the City receives at least 30 days prior written notice by registered or certified mail of cancellation or significant change in said insurance 15 The license granted to NGC is personal to NGC and will not be assigned by NGC, in whole or in part, without the City's prior written consent, provided, however that City's prior consent is not required for NGC's assignment of this license to any parent, subsidiary, or affiliate of NGC No written consent by the City will be deemed a waiver by the City of any provision of this Agreement, except to the extent of such consent 16 Nothing in this Agreement is intended or will be interpreted to substitute for any permit or other authorization required by any federal, state or local agency other than the City or any private parties or party, or to limit any of the powers or authority of any federal, state or local agency other than the City or of any private parties or party. 17 This Agreement will be construed in accordance with the laws of the State of California 18 This Agreement may be executed in one or more counterparts, each of which will be an original but all of which together will be deemed to constitute a single document 19 Notices required to be given by the terms of this Agreement will be given by personal service, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, certified mail addressed to the party to be served as follows• (a) City Director of Public Works City of El Segundo 350 Main Street El Segundo, California 90245 -0989 (b) NGC Northrop Grumman Systems Corporation One Hornet Way El Segundo, California 90245 -2804 Attn Marjorie Honnaka, TB00/W8 Real Estate Legal Notice Page 3of4 01 64 With Copy to Northrop Grumman Corporation 1840 Century Park East Century City, California 90067 Attn Real Estate Dept Legal Notice The parties may designate alternate persons to receive notices on their behalf as necessary Notices herein will be deemed given as of the date of personal service, or two (2) consecutive calendar days after deposit of the same in the custody of said Postal Service IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above CITY OF EL SEGUNDO Mary Strenn, City Manager ATTEST City Clerk (SEAL) 10 SYSTEMS Director of Real Estate APPROVED AS TO FORM Mark D Hensley, City Attorney UA Karl H Berger Assistant City Attorney *Attach Notary statement for signer Enc Exhibit A Map(s) Page 4 of 4 C, 6 5 f+ O cra i I NI cu rn 0. o, equn o c 0 M 2 0 a _ O O L a _ a a AS t L •- > 'v O ti cn _ C o E O � o w LL Z U • ❑❑ 0 66 4) V LM a as •— L. Z _ W E E 20 LM m O L (n Ew � LM O0 O Z ? i I NI cu rn 0. o, equn o c 0 M 2 0 a _ O O L a _ a a AS t L •- > 'v O ti cn _ C o E O � o w LL Z U • ❑❑ 0 66 EL SEGUNDO CITY COUNCIL MEETING DATE- March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a proposal by the Fire Department to purchase Firehouse Software a management system designed exclusively for fire service Cost not to exceed $25,000 00. RECOMMENDED COUNCIL ACTION- Approve purchase of Firehouse Software and the service agreement Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. Due to a change in reporting fire incident going from state level to national, our current records management system has become obsolete With the approval from the technology committee to purchase management software, an extensive review of several software applications was conducted by a panel of key Fire personnel, and the Information Systems Manager They found Firehouse to offer the most complete management package that meets most of our needs. Firehouse is the only software available that has received full NFIRS (National Fire Incident Reporting Services) certification. It also offers EMS (Emergency Medical Services) /Search & Rescue reporting, Occupancy Management, Staff, Activity, and Training, Apparatus, equipment, inventory and Hydrant management "Firehouse' software was specifically approved last year through technology review and budget process ATTACHED SUPPORTING DOCUMENTS: Draft Software Maintenance Agreement Software License Agreement FISCAL IMPACT- Operating Budget: 25,000 00 Amount Requested: 25,000 00 Account Number: 001 -400- 2505 -8108 Project Phase. Appropriation Required: _Yes _ No YES (if you need additional funds not budgeted, or over budget amount) NO (if no extra funds are needed) ORIGINATED BY: DATE: Norm Angelo, Fire ief GYi4, /2, �?-o0Z REVIEWED BY: DATE: Mary nn, City Manager 0 7 03/12/2002 TUE 09 04 FAA 5152884825 VISIONARY SYSTEMS 16001 Visionary Systems Ltd. 108 3rd Street, Suite 201 Des Moines, IA -50309 Software License Agreement. FiREHOUSE Software® Serial too, Costumer. El Segundo Fire Department You should carefully read the fallowing terns and conditions before opening the package, only an Authorized Representative of the purcllaser should open the package Opening this package indicates your acceptancc of these terms and conditions Visionary Systems Ltd and the parry who opens this package here 1) Materials This package contains program diskeue(s) and a copy of the applicable User Manual(s) 2). License Visionary Systems hereby grants you a non- exclusive license to use the materials on a single microcomputer or on a predcrcrrnmW number of network workstations tuhyect to the terms hereof You agree not to (a) rent, lease, nib license, or otherwise transfer any of the materials or you Tights thereunder, (b) remove or obscure our proprietary notice&, (c) translate, alter, decomptle or disassemble any of the materials, (d) copy any of the materials without our prior written consent 3) Terms Thu license is effccuvc until terrmnatcd You may terminate it at any time by destroying the matenas and all copies of any material made from the original materials and notify Visionary Systems Immediately. This license will terminate automatically upon breach of any of the conditions of this licerue Upon my such termmauon you shall agree to destroy all the copies of the matenalg. Use of Elie rratenals without a valid and undetermined license of the materials ht unauthorized and may subject you to monetary penalties 4). Confldentiahty By accepting tlus license you receive the right to ute the materials as specified herein, but you do not become the owner of the matenas The materials are protected by trade secret, copyright and trademark law You acknowledge that the materials are Visionary Systems property and contain valuable, confidential, unpublished tnformahon developed by Visionary Systems at a great expense You agree to protect the materials from unauthorized reproduction, distnbuuon, disclosure, use of Publication to the extent provided by California Low 5) Warranty. We warrant the enclosed diskette(s) and printed materials to be free from material defect in normal use for 90 days from the date of receipt of rnatenals We do not warrant the error free operation of the software contained on the disketne or that such xortware will meet Your requiremetus The software is developed "iu is' We will however attempt to correct or bypass any actual reproducible and significant error in the software described to us in writing to us within 90 days from the date of r receipt of the matenas by providing to you at our option either a canceled copy or work around mstrueuons within a reasonable time This does not cover altered software or require us to custonuze out software to meet your hardware or operating system requirements Section 6 is your cxdusivc remedy for any hrcach by us of this section, no dealer• company, or person is authorized to expand. alter this section or any other provision of This agreement Any such agreement will not bind Visionary $)stems 6). Remedy. In the event that Visionary Systems breaches this agreement, your sole remedy is to notify us of such by agree as follows breach within the applicable warranty period and we will at our role option, either cure the brwth ur refund the litenae fee paid to us for the materials In ew event will Visionary Systems be responsible for any damage beyond the amount of the license fee or for my Indirect, special, incidental, tousequeetual or similar damages or profits to you or any other person, or entity, regardless of the legal basis. Even If Visionary Systems has been advised of the possibility of auth damages, estepl to the extent applicable state law specifically prohibits such exclusion. 7) General This license shall be governed by California laws All prior correspondence oral or written including without limitation, all understandings with respect to materials are hereby superseded This license constitutes your and our agreement and undemanding regarding the materials 8) Software Maintenance Agreement 30 days free phone support is providul with purchase of FIREHOUSE Software® A separate software maintenance contract is available for an Additional charge This contract is not mandatory but highly recormncndod. The annual maintenance contract includes phone support and program updates. The annual software ttwntenancc contract is currently priced at $560.00 (one user) for the cumplctc puckugc (all modules) The cost of the software maintenance contract is based on the type and number of moelulet mtralled After the 30 days of free tuppnn has cxpircd and no software maintenance contract has been established, a charge of $75 00 per hour will be billed to customer for telephone techmcal support based on half hour billing Increments 9) A Indemnification, Visionary Systems Ltd. agrees to hold the C:try of El Segundo harmless and indemnify the City of El Segundo from any damages arising from Visionary System Ltd's performance under the agreement except for the City of El Segundo active negligence Visionary Systems Ltd agrees to defend El Segundo at the City of El Segundo's Ecqucst, from any suit or claim were Visionary systems Ltd software allegedly infringes upon intellectual property of a third party 9 B For the purpose of this section the "City of El Segundo" includes the City of L•1 Segundo officers, officials, employees agent representatives, and certified volunteers A primary contact person will be designated for departments with network lnccnscs for a 5 user pack and higher This primary contact person will collect user questions and problems and direct them to Visionary Symcros, Ltd, lcchmwl suppom department for resolution 060, on., 0 ai FIREHOUSE Software Maintenance Agreement This Agreement entered into as of the 1st day of April, 1997 thru the 1st day of April, 1998, by and between Visionary Systems (herein referred to as Vendor) having its principal place of business at 108 Third Street Suite 320, Des Moines, Iowa and «COMPANYI» (herein referred to as Customer) having its principal place of business at <<ADDR_1» <<ADDR_2u, CITYa, <<STATE» «ZIPu FIREHOUSE Software installed at this location is a registered copy WHEREAS, Vendor and Customer have entered into a certain license agreement (the "License Agreement ") pursuant to which Vendor agrees to license to Customer a software system known as FIREHOUSE (the "System ") as specified in the License Agreement, WHEREAS, Vendor desires to maintain, and Customer desires to obtain the maintenance of, the System on the terms and conditions hereinafter provided, 1. Maintenance Services The maintenance services to be hereunder (the "Maintenance Services ") shall consist of (a) technical or operation assistance provided by Vendor to Customer relating to the System (FIREHOUSE) or enhancements thereto and (b) distribution by Vendor to Customer at no charge of enhancements to the System which may be developed from time to time by Vendor 2 Maintenance Fees During the tens commencing on the Acceptance Date, as defined in the License Agreement, and continuing until one year thereafter, Vendor shall provide the Maintenance Services to Customer for a fee payable annually on each Anniversary Date in advance At least thirty (30) days prior to each Anniversary Date Vendor shall notify Customer of the yearly maintenance fee to be charged by Vendor for the next succeeding year, whereupon, unless Customer notifies Vendor in writing that this Agreement shall terminate on the Anniversary Date, this Agreement shall be extended and renewed for an additional period of one year at the fee so specified by Vendor 3. Additional Services At the request of Customer, and with the consent of Vendor, Vendor may also provide technical, operational or other assistance or consulting to Customer in excess of the amount included as the Maintenance Services at Vendor's standard hourly rates then in effect 4. Conditions The termination of the License Agreement, or of the license granted therein, shall automatically result in the termination of this Agreement VENDOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY VENDOR AND WAIVED BY CUSTOMER VENDOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ANY EVENT VENDOR'S MAXIMUM LIABILITY TO CUSTOMER HEREUNDER SHALL BE LIMITED TO THE AMOUNTS tC'TUALLY PAID BY CUSTOMER TO VENDOR HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS 5. Confidentiality Vendor acknowledges that in the course of providing the Maintenance Services, or other services provided hereunder, Vendor, or its employees or consultants, may be- supplied with or come into possession of information which is proprietary to Customer including information as to customers, methods of doing business or operations Vendor hereby agrees that it will keep all such information confidential, and will disclose such information to no other person In addition, Vendor agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such information of Customer VENDOR C�_ By CUSTOMER By 0G 9 EL SEGUNDO CITY COUNCIL MEETING DATE- March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action approving Emergency Operation Center (EOC) equipment and modifications as a result of exercises and September 11, 2001 activation Fiscal Impact. $32,000 RECOMMENDED COUNCIL ACTION: 1) Approve EOC equipment and modifications to enhance the Emergency Operation Center (EOC) 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- As a result of ongoing training, exercises, and the activation of the Emergency Operations Center (EOC) last September 11th, improvements and equipment needs have been identified that should be made to allow the City EOC to operate more efficiently and effectively The atmosphere in the EOC is fast paced with numerous simultaneous activities and tasks taking place The area of focus included the telephone system to expedite communications and reduce the ambient noise Also, communication message lines and fax machine enhancements are needed Status and documentation system upgrades related to computer server backup, printers, computers, and map boards are also needed as well as other logistical equipment improvements. Some enhancements are being deferred pending solutions to related issues such as radio communications and interoperability The cumulative costs of the equipment and improvements is estimated to cost $32,000 and will be paid for by repnontizing items In the existing budget ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: $32,000 Account Number, 601 -400- 2901 - 8104!001 -400- 3255 - 8104/001-400- 3202 -5204 Project Phase- Equipment Upgrade Appropriation Required: _Yes X No ORIGINATED BY: DATE: Norm Anaela Mary gVenn, City Manager Z?X,V-,X % L, 2000 DATE: EL SEGUNDO CITY COUNCIL MEETING DATE, March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action of a Grant Request to the Federal Emergency Management Agency (FEMA) and the United States Fire Administration (USFA) to purchase hardware and software to provide for a public safety radio system with regional agency interoperable capabilites. Fiscal Impact FY2002 -2003 — matching requirement $75,000 00 related to Grant RECOMMENDED COUNCIL ACTION- 1) Council authorization to file a grant with qualification 2) Alternatively, discuss and take other action related to this item Staff is requesting authorization to submit a grant for hardware and software to provide a public safety radio system with regional emergency agency interoperable capabilities. The grant would be requested under the FEMA and USFA 360 Million Dollar Grant Program for 2002. We are proposing to apply for the maximum allowed of $750,000 00 We are currently working with our Police Department and other regional police and fire agencies to move toward a regionally interoperable radio system. If awarded these funds, they would make a significant contribution toward building such a system Alternative methods to become part of a regional radio system and related costs are being fully evaluated. However, the authorized date to open the grant application period was March 1 s` and requires submission no later than March 3O`h The grant would be subject to Council acceptance and would require the El Segundo Fire Department to contribute a matching 10% or $75,000.00 The City's/ Fire Department's share would be subject to City Council approval as part of the FY 2002 -2003 budget process Staff anticipates Police and Fire returning to Council with a more comprehensive presentation of the alternatives and their relative costs. If Notice of a Grant Award is received, we will return to Council for your consideration of authorization and approval for implementation of an Agreement for the distribution of grant funding to the City of El Segundo ATTACHED SUPPORTING DOCUMENTS' None FISCAL IMPACT: Operating Budget: Yes Amount Requested: $75,00000 Account Number: 001 - 400 - 3203 -8104 Project Phase: Yes X No BY: Norm Angelo. Fire DATE. G� 12i 26o-2, DATE: Mary Sty Manager 071 10 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action authorizing the upgrading of the Paramedics DefibrWation (Life -Pak 12) units Fiscal Impact- $10,053.94 RECOMMENDED COUNCIL ACTION: 1) Authorize the expenditure from the Fire Department Equipment Replacement Fund to upgrade the Life -Pak 12 Defibrillation units. discuss and take other action related to this item. M Paramedic Coordinator, Captain Bibee, has researched the impact and cost of upgrading our current Life -Pak 12 Defibrillators He has found that we can upgrade these units to greatly assist our paramedics in enhancing Prehospital care within our community At the same time, he concluded that it would extend the life of the units for an additional three years We will be requesting the continued contribution to replacement fund during that time This will allow us to replace the full units at the end of their useful life Since this is an upgrade to an existing unit, and the vendor has the franchise, it is a sole source purchase After negotiating, the cost, including tax, is $10,053.94 and there are currently sufficient funds available in the replacement account to purchase these upgrades ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $19,65000 Amount Requested: $10,05394 Account Number: 001- 400 - 3203 -8104 Project Phase: Equipment Upgrade Appropriation Required: _Yes X No ORIGINATED BY, DATE: ZVt~,,1 12-2-60z DATE: JI / Z 11 EL SEGUNDO CITY COUNCIL MEETING DATE- March 19, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION : Consideration and possible action regarding approval to amend Contract #2792, Agreement for Dispatch Services and Frequency Sharing, between the Cities of El Segundo and Hermosa Beach RECOMMENDED COUNCIL ACTION. 1) It is recommended that the City Council authorize the City Attorney to prepare an amendment to Contract #2792 The proposed amendment is for a one- time rate adjustment of ten - percent (10 %) to the cost of providing emergency police and fire dispatching services to the City of Hermosa Beach Thereafter, the yearly adjusted rate of increase/ decrease to the City of Hermosa Beach will be capped at plus or minus five- percent (5 %) per year beginning in 2003 2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On March 14, 2000, the City of El Segundo entered into an agreement to provide emergency police and fire dispatch services to the City of Hermosa Beach commencing on September 1, 2000, and continuing through June 30, 2002 As part of the agreement, payment for future services are to be adjusted yearly based on a predetermined formula using total call volume for each city Due to the nature of emergency services, call volume can fluctuate from year to year To provide budgetary stability for both cities it is requested that the yearly adjusted rate of increase /decrease be capped at plus or minus five- percent (5 %) per year beginning in 2003 Given that Hermosa Beach has not received a rate adjustment since entering into this agreement it is recommended that a one -time ten - percent (10 %) increase be approved Discussions have taken place with the City of Hermosa Beach regarding the requested fee increases and their staff has agreed to the proposed amendment ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT- Operating Budget: None. Amount Requested* None. Account Number: None. Project Phase: None. Appropriation Required: No. I t: Jack Wayt, Chief of Police REVIEWED B DATE: Mann, City Manager / a I'7a 12 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE: March 19, 2002 AGENDA HEADING: Consent Consideration and possible action regarding staffs recommendation that the City Council support AB 2333 (Nakano). COUNCIL ACTION: 1) Authorize the Mayor to send appropriate correspondence expressing the City's support of AB 2333 (Nakano); 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. AB 2333 (Nakano) would authorize the withholding of highway and rail transit interregional funds from the counties of Los Angeles, Orange, San Bernardino and Riverside, if they do not comply with the aviation element of the long -range plan developed by the Southern California Association of Governments (SCAG). In addition, the bill would authorize the Southern California Regional Airport Authority (SCRAA) to review the implementation plan for each commercial airport within the counties stated above and act as the agency responsible for determining whether an airport is in compliance or is taking the necessary steps to achieve compliance with the RTP (Please see attached page marked "Background & Discussion ") ATTACHED SUPPORTING DOCUMENTS: Text copy of AB 2333 (Nakano) FISCAL IMPACT, None Operating Budget: Amount Requested- Account Number: Project Phase: Appropriation Required- _Yes _ No Aaryenn, City Manager 13 Background & Discussion (con't): AB 2333 represents an attempt to legislate the "fair share" concept of airport demand espoused by the Coalition for a Truly Regional Airport Plan By permitting SCAG and the SCRAA to withhold needed transportation dollars from counties that choose not to shoulder the burden of their fair share of commercial aviation demand, the bill would provide an additional incentive for the counties listed above to support appropriate airport development activities The bill has been referred to the Assembly Committee on Transportation. No date has been set for hearing r"7 5 CALIFORNIA LEGISLATURE- 2001 -02 REGULAR SESSION ASSEMBLY BILL No. 2333 Introduced by Assembly Member Nakano February 21, 2002 An act to add Section 164 1 to the Streets and Highways Code, relating to transportation LEGISLATIVE COUNSEVS DIGEST AB 2333, as introduced, Nakano Transportation funding Existing law provides that funds made available for transportation capital improvement projects relating to highway and rail transit shall be used in part for interregional improvements This bill would authorize the withholding of these interregional funds from any of specified urban counties within the Southern California Association of Government's jurisdiction if that county is not consistent with the aviation element of the long range plan developed by the association, except as otherwise provided The bill would additionally authorize the Southern California Regional Airport Authority to review the implementation plan of each commercial airport in these counties in order to determine whether the airport is in compliance or is taking the necessary steps to achieve compliance with the Regional Transportation Plan Vote majority Appropriation no Fiscal committee yes State - mandated local program no The people of the State of California do enact as follows 1 SECTION 1 Section 164 1 is added to the Streets and 2 Highways Code, to read 99 I r7(I AB 2333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -2- 164 1 The aviation program of the Regional Transportation Plan prepared and adopted by the Southern California Association of Governments (SCAG) shall assure a fair -share distribution of both the burdens and benefits of commercial aviation among the four urbanized SCAG Counties of Los Angeles, Orange, San Bernardino, and Riverside In determining the "fair share distribution" appropriate for each county, SCAG shall include an assessment of future passenger and cargo demand likely to be generated by and reasonably attributable to each county as well as a prorata distribution among the counties connecting passenger demand likely to occur in Southern California In addition, SCAG shall assure that principles of environmental justice are adhered to in the development of the Regional Transportation Plan aviation program assuring that no ethnic or racial minority community bears a disproportionate share of the environmental burden of regional aviation activity The Regional Transportation Plan shall provide that airport proprietors in each of the four urbanized SCAG counties adopt and assure timely implementation of a commercial aviation program consistent with the aviation program of the Regional Transportation Plan adopted by SCAG's Regional Council Funds identified in paragraph (1) of subdivision (a) of Section 164 (the 25 percent for interregional improvements) shall not be allocated to any county that is not consistent with the aviation element of a long range plan developed by SCAG, unless that county is making timely progress in its implementation for consistency with the Regional Transportation Plan, If the airport proprietor and operator is a public entity located in another county, the county in which that public entity exists shall be the county affected by these provisions rather than the county where the airport is located The Southern California Regional Airport Authority ( SCRAA) shall review the implementation plan of each commercial airport in each county and make a determination of consistency with the Regional Transportation Plan In making a determination of consistency with the Regional Transportation Plan, SCRAA shall include a determination whether the county or county transportation commission aviation implementation plan is making reasonable progress toward the 99 017 -3— AB 2333 1 Regional Transportation Plan's goals and is likely to meet 2 projected cargo and passenger demand in a timely manner '\ 99 AB 2333 Assembly Bill - Status CURRENT BILL STATUS MEASURE A.B No 2333 AUTHOR(S) Nakano TOPIC Transportation funding HOUSE LOCATION ASM TYPE OF BILL Active Non - Urgency Non - Appropriations MaDority Vote Required Non - State - Mandated Local Program Fiscal Non -Tax Levy LAST HIST ACT DATE 03/07/2002 LAST HIST. ACTION Referred to Com on TRANS COMM LOCATION ASM TRANSPORTATION TITLE An act to add Section 164 1 to the Streets and Highways Code, relating to transportation Page 1 of 1 079 http / /www legmfo.ca gov /pub/bill /asm/ab_ 2301- 2350 /ab_2333_bill_20020307_status html 3/8/02