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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-
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(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)
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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
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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
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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
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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-
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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-
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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-
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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-
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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-
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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-
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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-
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March 13, 2002
045
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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)
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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
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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
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r7(I
AB 2333
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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
