2008 AUG19 - 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.
Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City
received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal
business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional
copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the
Meeting. Additionally, 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, AUGUST 19, 2008 - 5:00 P.M.
Next Resolution # 4564
Next Ordinance # 1420
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
T -i
I-
SPECIAL ORDER OF BUSINESS:
None
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown
Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real
Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation;
and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or
conferring with the City's Labor Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -
-1- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no
further public statement is required at this time); Initiation of litigation pursuant to Government
Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 4- matters
1. City Negotiators: Interim City Manager Jack Wayt; Human Resources Director Bob Hyland;
Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations: (a)
Unrepresented management/confidential employees (City employees who are not members
of bargaining units); (b) El Segundo Police Officers' Association; (c) El Segundo Firefighter's
Association; and (d) El Segundo Police Management Association.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter
SPECIAL MATTERS: - 0- matter
,ot� Q
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.
Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City
received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal
business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional
copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the
Meeting. Additionally, 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, AUGUST 19, 2008 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Robert Victoria, St. Anthony Catholic Church
PLEDGE OF ALLEGIANCE —
Council Member Don Brann
3
Next Resolution # 4564
Next Ordinance # 1420
k'U
PRESENTATIONS
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 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.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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.
1. Warrant Numbers 2567130 to 2567341 on Register No. 21 in the total amount of
$3,711,133.75 and Wire Transfers from 7/25/2008 through 8/07/2008 in the total
amount of $1,406,882.58.
Recommendation — Approve Warrant Demand Registers 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.
2. Regular City Council Meeting Minutes of August 5, 2008
Recommendation — Approval.
4 � t)4
3. Consideration and possible action regarding $13,000 of 2008 -2009 Community
Development Block Grant (CDBG) funds allocated to the Juvenile Diversion Project to
be reprogrammed into another CDBG project, transfer $13,000 from General Funds in
order to continue the City of El Segundo's Juvenile Diversion Project, and transfer
the delivery of counseling at -risk youth services from the City of Redondo
Beach /South Bay Youth Project to the South Bay Children's Health Center ( SBCHC), a
non - profit children's health care provider, in an amount not to exceed $13,000.
Contract period: July 1, 2008 through June 30, 2009. (Fiscal Impact: $13,000)
Recommendation — (1) Approve the transfer of General Funds in an amount not to exceed
$13,000 to continue the City's Juvenile Diversion Project for the period July 1, 2008 through
June 30, 2009, increase the total General Fund allocation for CDBG during FY 2008 -2009
from $65,000 to $78,000, and reprogram $13,000 of CDBG funds into another CDBG
project; (2) Authorize the City Manager to execute an amendment to the existing
Professional Services Agreement between the City of Redondo Beach /South Bay Youth
Project transferring the provision of Juvenile Diversion services to the SBCHC utilizing
General Funds in an amount not to exceed $13,000; (3) Alternatively, discuss and take
other action related to this item.
4. Consideration and possible action regarding the acceptance of the Biological
Wastewater Closed Loop System at 400 Sepulveda Blvd. — Project No. PW 08 -01.
(Fiscal Impact: $71,930.00)
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take
other action related to this item.
5. Consideration and possible action to approve an employment agreement with Jack
Wayt for the position of City Manager effective October 1, 2008.
Recommendation — (1) Authorize the Mayor to execute the attached agreement; (2)
Alternatively, discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
6. Consideration and possible action to approve a resolution identifying deposit
requirements for work conducted in the public right -of -way. (Fiscal Impact: None)
Recommendation — (1) Approve the proposed resolution identifying security deposit
requirements for work conducted in the public right -of -way; (2) Alternatively, discuss and
take other action related to this item.
to' 3
5
7. Consideration and possible action regarding acceptance of up to a $5,000,000 grant
from the Federal Aviation Administration (FAA) to be used for the Residential Sound
Insulation (RSI) Program.
Recommendation — (1) City Council accepts FAA Grant Agreement for Project No. AIP 3-
06- 0139 -52; (2) Authorize the Mayor to execute the FAA Grand Agreement; (3)
Alternatively, discuss and take other action related to this item.
8. Consideration and possible action to introduce and waive first reading of an
ordinance amending the El Segundo Municipal Code (ESMC) with regard to local
campaign financing and signs.
Recommendation — (1) Introduce and waive first reading of an Ordinance amending the
ESMC §§ 1 -9 -2, 1 -9 -3, 1 -9 -5, and 15- 18- 10(G); (2) Alternatively, discuss and take other
action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
Council Member Fisher —
Council Member Jacobson —
6
% 1) 43
Mayor Pro Tern Busch -
Mayor McDowell -
9. Consideration and possible action to adopt a resolution opposing AB2427 (Eng); a
bill limiting local governments' power to enforce regulations protecting the public
health, safety and welfare (Fiscal Impact: None
Recommendation - (1) Adopt the attached resolution opposing A132427; (2) Authorize
appropriate legislative advocacy to oppose passage of the bill; (3) Alternatively, discuss and
take other action related to this item.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have receive 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.
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 s_cl.) for the purposes of conferring with the City's Real Property Negotiator,, and /or
conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
7/25/2008 THROUGH 8/07/2008
Date
Payee
Amount
Description
7/14/2008
Federal Reserve
(300.00)
Employee I Bonds correct previous memo
7/14/2008
Federal Reserve
250.00
Employee I Bonds correct previous memo
7/25/2008
Manufactures & Traders
31,575.71
Vantage 457
7/25/2008
State of CA
1,153.24
Child support withholdings
7/30/2008
Federal Reserve
300.00
Employee I Bonds
7/30/2008
Cal Pers
276,990.91
Retirement
7/31/2008
Health Comp
1,825.43
Weekly claims
7/31/2008
Wells Fargo Bank
380,419.03
Calif Infrastructure Bank
8/1/2008
Siemens Financial
44,837.50
Qrly Energy Payment
8/5/2008
Unumprovident
469.80
LTD insurance
8/5/2008
Cal Pers
382,300.79
Health
8/7/2008
Health Comp
2,118.95
Weekly claims
8/7/2008
Employment Development
48,654.05
State Taxes
8/7/2008
IRS
236,287.17
Federal Taxes
1,406,882.58
DATE OF RATIFICATION: 8/19/08
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
D22 ,R o , ke
Deputy Treasuret Date
S I I loe
Date
911, W
074e
1,406,882.58
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
ti
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 5, 2008 - 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tem Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
None
The City Attorney stated that Council would be meeting in closed session pursuant to
items identified on the agenda and Government Code §54956.9(b) item was a threat of
exposure to litigation known to the public generally and the (c) item was Los Angeles
Airport's noise variance proceeding before the California Department of Transportation.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 1
G1J
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -
-2- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279
Solomon v. City of El Segundo, LASC No. BC 372401
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 1- matter
1. Public Employee Appointment/Public Employment. Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):- 2-
matters
City Negotiators: Interim City Manager Jack Wayt; Human Resources Director Bob
Hyland; Finance Director Deborah Cullen; Richard Kreisler. Employee Organizations:
(a) Unrepresented management/confidential employees (City employees who are not
members of bargaining units); (b) Unrepresented management employee — City
Manager; (c) El Segundo Police Officers' Association; (d) El Segundo Firefighter's
Association; and (e) El Segundo Police Management Association.
City Negotiator: City Attorney — Unrepresented Employee: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 2
0 1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 5, 2008 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Wes Harding, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- 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.
George Hoops, Resident; spoke regarding sewer fees and the amount charged.
Liz Garnholz, Resident; spoke regarding Consent Item E10, and the revenue generated
by the El Segundo Urho Sarri swim stadium.
Lt. Raymond Garcia, El Segundo Police Officer; On behalf of Det. Scott O'Conner and
himself thanked the elected officials, employees of the city and the community for the
support during their recent injury and recovery.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the - Agenda by title
only.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 3
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open a Public Hearing and adopt Resolution
finding the City to be in conformance with the annual Congestion Management
Program (CMP) and adopting the annual CMP Local Development Report, in
accordance with California Government Code Section 65089.
Mayor McDowell stated this is the time and place hereto fixed for a public hearing
regarding adoption of a Resolution finding the City to be in conformance with the annual
Congestion Management Program (CMP) and adopting the annual CMP Local
Development Report, in accordance with California Government Code Section 65089.
Clerk Mortesen stated that proper notice was completed and no written communications
were received by City Clerk's Office.
Gary Chicots, Planning and Building Safety Director, gave a report.
MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to close the
public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4561
A RESOLUTION FINDING THE CITY OF EL SEGUNDO IN LOS ANGELES COUNTY,
CALIFORNIA TO BE IN COMPLIANCE WITH THE 2004 CONGESTION
MANAGEMENT PROGRAM AND ADOPTING THE LOCAL DVELOPMENT REPORT
PURSUANT TO GOVERNMENT CODE § 65089
MOTION by Council Member Brann, SECONDED by Council Member Fisher to adopt
Resolution No. 4561 finding the City of El Segundo to be incompliance with the 2004
Congestion Management Program and adopting the Local Development Report
pursuant to Government Code § 65089. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
C. UNFINISHED BUSINESS
2. Consideration and possible action to award a Standard Public Works Contract to
Armand Gonzales Inc. dba Gonzales Construction for construction of a Fire
Station at 2261 East Mariposa Avenue. Approved Capital Improvement
Program. Project No.: PW 08 -06 (Fiscal Impact: $7,206,298.00)
Stephanie Katsouleas, Interim Public Works Director, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 4
0 i
MOTION by Mayor ProTem Busch, SECONDED by Council Member Brann to (1)
Waive a minor irregularity in the bid received from Armand Gonzales, Inc. dba Gonzales
Construction and Reject the bid protest received from bidder Griffith Company; (2) Add
the following options to the contract for a total of $684,283: (a) 8" concrete precast band
($52,034), (b) brick veneer ($55,940), (c) built in desk, nightstand and bed frames
($67,000), (d) ceiling tile above showers ($1,000), (e) gypsum board ceilings ($10,000),
(f) epoxy flooring ($5,000), (g) photovoltaic collector panels ($355,000), (h) seismic
early warning system ($37,450), (i) precast concrete caps ($21,400), (j) day tank for
generator ($4,000), (k) 8" vehicular concrete paving ($50,459), (1) Plymovent vehicle
exhaust system ($25,000); (3) Authorize the City Manager to execute Standard Public
Works Contract No. 3843 in a form approved by the City Attorney with Gonzales
Construction, Inc for $6,211,443 (Base Bid) plus $684,283 (Options), for a total of
$6,895,726; (4) Authorize a construction contingency in the amount of $310,572 for
unforeseen additional work. With the amendment to install the backbone system and
delay the purchase of the photovoltaic collector panels at a reduced cost. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
3. Consideration and possible action to introduce and waive first reading of an
Ordinance amending the El Segundo Municipal Code's regulation of filming
within the City of El Segundo. ITEM PULLED FROM THE AGENDA
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4. Consideration and possible action to receive and file the Annual Report of the
Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation
will be made by CIPAC Chairman Mr. Jason Aro. (Fiscal Impact: None)
Crista Binder presented the Capital Improvement Program for Fiscal Year 2008 -2009
Council consensus to receive and file the Annual Report of CIPAC.
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.
5. Approved Warrant Numbers 2566585 to 2566837 on Register No. 20 in the total
amount of $2,508,937.28 and Wire Transfers from 7/4/2008 through 7124/2008 in
the total amount of $1,987,225.72. Authorized staff to release: Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
6. Approved Regular and Special City Council Meeting Minutes of July 15, 2008.
7. ITEM PULLED FROM THE AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 5
01 It
8. Adopted Resolution No. 4562 authorizing the establishment of a Public Agency
Retirement System (PARS) Supplemental Retirement Plan for eligible members
of the El Segundo Supervisory and Professional Employees Bargaining Unit, to
be administered by Phase II Systems, PARS Trust Administrator.
9. Approved the examination plans for the Personnel Merit System job
classifications of Street Maintenance Supervisor. (Fiscal Impact: None)
10. PULLED FOR DISCUSSION BY MAYOR MCDOWELL PER PUBLIC REQUEST
11. Adopted a Conflict of Interest Code required by The Political Reform Act
(Government Code Section 81000 et. seq.) rescinding Resolution No. 4448 and
adopted Resolution No. 4563 approving a new Conflict of Interest Code.
12. Received and filed a determination that the City Council does not object to
issuance of a new Type 47 ABC license at 2361 Rosecrans Avenue A No. 792
and AUP No. 08 -02. Applicant: Continental Development Corporation — Alex J.
Rose (Fiscal Impact: None).
13. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
14. Authorize the Purchasing Agent to issue a purchase order to Oldcastle Precast
for utility pull boxes that will serve as junction points for the City's fiber optic cable
installation project. (Fiscal Impact: $15,285.00).
15. Adopted plans and specifications for the slurry sealing of the streets in the area
bounded by Sheldon Street, Mariposa and Imperial Avenues and the west City
Limits. Project No.: PW 08 -09. (Fiscal Impact: $169,905) Authorized staff to
advertise the project for receipt of construction bids.
16. Accepted all work as complete for the project for the Replacement of the
windows at the Urho Saari Swim Stadium (plunge), located at 219 W. Mariposa
Avenue. (Fiscal Impact: $68,680.00) Authorized the City Clerk to file a Notice of
Completion in the County Recorder's Office.
17. Authorized staff to solicit bids for the installation of risers on the Stevenson Field
Bleachers in El Segundo's Recreation Park at 339 Sheldon Street. Approved
Capital Improvement Program Project No. PW 08 -07. (Fiscal Impact: $26,000
General Fund)
18. As per municipal code § 1 -7 -12 regarding emergency purchases, approved use
of Nations Bus Corporation and the funds needed to lease shuttle buses to be
used for current City shuttle service programs until existing City -owned vehicles
are repaired. (Fiscal Impact: $11,158)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 6
i
19. Approved the purchase of a computerized bar code evidence management
system and desktop computer for tracking evidence and property in the police
department's property room. (Net Fiscal Impact to City $17,500.00 from Police
Department's Asset Forfeiture Account)
20. PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER
21. Accepted the work as complete for construction related to the City's Residential
Sound Insulation Program Group 20 (21 Homes). Project No. RSI 07 -02. (Final
contract total = $1,288,700). Authorized the City Clerk to file the City Planning
and Building Safety Director's Notices of Completion in the County Recorder's
Office.
MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to approve
Consent Agenda Items 5, 6, 8, 9, 11, 12, 14, 15, 16, 18, 19, and 21. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
7. PULLED FROM THE AGENDA BY THE CITY ATTORNEY - Consideration and
possible action to retain Bob Murray & Associates to conduct an Executive
Search for the position of City Manager. Fiscal Impact: Not to Exceed $25,000.
10. Consideration and possible action to waive the formal bidding process pursuant
to the El Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to
purchase a replacement paramedic rescue ambulance manufactured by
Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact:
$203,455)
MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive
the formal bidding process pursuant to the El Segundo Municipal Code §1 -7 -10 and
authorize the Fire Department to purchase a replacement paramedic rescue ambulance
manufactured by Emergency Vehicle Group, Inc. on a sole source basis. (Fiscal Impact:
$203,455)
13. Consideration and possible action for second reading and adopt Ordinance for:
(1) the rezoning of approximately 4.25 acres of property at 1700 E. Grand
Avenue from Medium Manufacturing (MM) Zone to the Grand Avenue
Commercial (GAC) Zone; (2) an amendment to the Smoky Hollow Specific Plan
to further limit permitted uses with the Grand Avenue Commercial (GAC) Zone
for the property at 1700 E. Grand Avenue, to general Office and Medical - Dental
Office uses only, and; (3) technical changes to the Smoky Hollow Specific Plan
(SHSP) relating to the environmental review requirements to make the SHSP
consistent with the law (SEQA). Applicant: Mar Canyon Grand, LLC. (Fiscal
Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 7
A new map was distributed to Council, the Ordinance was introduced with the accurate
legal description and map, but the wrong map was inadvertently placed in the agenda
packet.
Council Member Jacobson stated he was did not feel that the proposed re- zoning was
proper zoning for the property.
MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to waive
second reading and adopt Ordinance No. 1419 for Zone Change No. 07 -01 and Specific
Plan Amendment No. 08 -02 for the "MEPS" Project site rezoning to Grand Avenue
Commercial (GAC) Zone with limited uses pursuant to the SHSP. MOTION PASSED
BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, BRANN, AND FISHER, NOES:
MCDOWELL AND JACOBSON
20. Consideration and possible action to pay $250,000.00 to Radio Communications
Association in accordance with a fee sharing arrangement relating to the sale of
City radio frequency rights. (Net Fiscal Impact to City - $250,000 from Police
Department's Asset Forfeiture account.)
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to
approve the payment of $250,000.00 to Radio Communications Association in
accordance with a fee sharing arrangement relating to the sale of City radio frequency
rights. MOTION PASSED BY UNANIMOUS VOICE VOTE.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Commended the Chamber of Commerce for number of new
memberships. Reported on the Historical Society report on the Urho Sarri Swim
Stadium.
Council Member Fisher — Thanked the Chamber of Commerce for Dodger Day.
Council Member Jacobson — Spoke regarding the plunge and designation of the
building as a local historic building.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 8
re
i�
Mayor Pro Tern Busch — Spoke on the "Movie in the Park" event. Stated that El
Segundo was third in the number of patents that California Cities had applied for. Also
spoke on the Recreation and Parks program "Damn Yankees" production.
Mayor McDowell — Announced the "re- use -it" program being promoted. Spoke regarding
the fire on Arena Street, and the superb job done by the El Segundo Fire Department
and the other outside agencies that assisted under the mutual aid agreement.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive 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.
Bill Mason thanked the Council for their nice compliments on Dodger Day. Also stated
that Dodger Day was an effort by the Chamber to show thanks to the members of the
Air Force Base.
Liz Garnholtz, Resident; Spoke regarding Viennese Nights recently held at the High
School. Also spoke regarding the power plant.
MEMORIALS — Terry Brunette and George O. Wiley.
CLOSED SESSION - NONE
ADJOURNMENT at 8:10 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 5, 2008
PAGE NO. 9
of s
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding $13,000 of 2008 -2009 Community
Development Block Grant (CDBG) funds allocated to the Juvenile Diversion Project to be
reprogrammed into another CDBG project, transfer $13,000 from General Funds in order to
continue the City of El Segundo's Juvenile Diversion Project, and transfer the delivery of
counseling at -risk youth services from the City of Redondo Beach /South Bay Youth Project
to the South Bay Children's Health Center ( SBCHC), a non - profit children's health care
provider, in an amount not to exceed $13,000. Contract period: July 1, 2008 through June
30, 2009 (Fiscal Impact: $13,000).
RECOMMENDED COUNCIL
1. Approve the transfer of General Funds in an amount not to exceed $13,000 to
continue the City's Juvenile Diversion Project for the period July 1, 2008 through
June 30, 2009, increase the total General Fund allocation for CDBG during FY
2008 -2009 from $65,000 to $78,000, and reprogram $13,000 of CDBG funds into
another CDBG project;
2. Authorize the City Manager to execute an amendment to the existing
Professional Services Agreement between the City of Redondo Beach /South Bay
Youth Project transferring the provision of Juvenile Diversion services to the
SBCHC utilizing General Funds in an amount not to exceed $13,000; and /or,
3. Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
For more than ten years, the City of El Segundo has contracted with the South Bay Youth
Project (through the City of Redondo Beach) to provide counseling services to El Segundo
at -risk youth ranging in ages from 2 to 18 years old. Annually, approximately thirty to forty
ATTACHED SUPPORTING DOCUMENTS:
City of Redondo Beach /South Bay Youth Project letter transferring services to the South
Bay Children's Health Center.
FISCAL IMPACT: $13,000
Operating Budget: $13,000
Amount Requested: $13,000 (Transfer from General Fund; increase FY 2008 -2009 CDBG General
Fund support from $65,000 to $78,000)
Account Number:
Project Phase: None
Appropriation Required: X Yes _ No
Gary C (cots, Director f Planning and Building Safety
R E BY: P DATE?::
J yt, n City Manager
111Planning & Building Safety \CD13GVuvenilc Divcrsion \Staff Reports 2008.8 -19 CD13G Juvenile Diverson CC Mtg 8 -19 Rcv8- 11final.doc
019
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
BACKGROUND AND DISCUSSION Page 2
El Segundo youth receive over 300 individual, private counseling sessions staffed by
trained professionals. This project is funded under the federal Community Development
Block Grant (CDBG) Program.
On June 23, 2008 the City of Redondo Beach notified the City of El Segundo that cost
containment measures required the transfer of services from the City of Redondo
Beach /South Bay Youth Project (SBYP) to the South Bay Children's Health Center
( SBCHC), effective July 1, 2008. Currently, the City of El Segundo is in the third year of a
three -year contract cycle with the City of Redondo Beach /South Bay Youth Project.
On July 9, 2008, consultant staff met with the SBCHC to discuss CDBG programmatic and
financial requirements necessary to implement the Juvenile Diversion Project. The SBCHC
demonstrated the programmatic capability and integrity to provide at -risk youth counseling
services, however, their very limited CDBG grant accounting and management experience
suggests that significant technical assistance will be required to bring the agency into
compliance with the CDBG Program. Start-up consultant time necessary to assist the
SBCHC to establish acceptable grant accounting practices and procedures, coupled with
severe restrictions placed upon agencies that are awarded CDBG funds, and the
anticipation of demanding audits performed by the Los Angeles County Community
Development Commission (the federal CDBG pass- through governing agency) may result
in costs that far exceed the value of the annual $13,000 CDBG grant allocation.
Thus, Staff recommends that the City Council use General Funds to continue to provide El
Segundo at -risk youth counseling services through the SBCHC. SBCHC will still be held to
appropriate and acceptable accounting standards and will be reviewed by City consultant
staff. However, SBCHC will avoid the restrictive limits placed upon a CDBG- funded
recipient, and the City will eliminate the risk of future, potential disallowed costs for non-
compliance with CDBG requirements.
CDBG funds ($13,000) originally allocated to FY 2008 -2009 CDBG Juvenile Diversion will
be reprogrammed into another FY 2008 -2009 CDBG project. Staff will return to the City
Council, at a later date, to request approval to reprogram these CDBG funds into a more
viable CDBG project.
PAPlanning & Building Safety \CDBGVuvenile Diversion\Staff Reports 2008.8 -19 CD1IG Juvenile Diverson CC Mtg 8 -19 Rev8- 13.final.doc
02
redondo
B E A C H
Office of the City Manager
June 23, 2008
Mr. Jack Wayt
Interim City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Mr. Wayt:
415 Diamond Street, P.O. Box 270 tel 310 372.1171
Redondo Beach, California 90277.0270 fax 310 379 -9268
www.redondo.orq
The purpose of this letter is to give you formal written notification of the transfer
of South Bay Youth Project (SBYP) to the South Bay Children's Health Center
(SBCHC) effective July 1, 2008; We also request that the Community
Development Block Grant — Professional Service Agreement ( #3603) and the
Public Service Agreement — Youth Counselor ( #07 -090) be transferred to the
SBCHC.
The following will provide some background to this request.
The City of Redondo Beach has served as the administrative and fiscal agency
for the South Bay Youth Project (SBYP) for over thirty years. During that time,
the SBYP has provided tens of thousands of youth and their families counseling
and related services for nine South Bay Cities: Redondo Beach, El Segundo,
Manhattan Beach, Hermosa Beach, Lomita, Rolling Hills, Rolling Hills Estates,
Rancho Palos Verdes, and Palos Verdes Estates.
In the past few years, the cost to provide these services has been greater than
the funding available from grants and the participating cities. A structural change
in the operation of the SBYP was necessary to continue to provide these
services in the future.
On April 15, 2008, the City Council authorized staff to explore alternative
operating options for the South Bay Youth Project. Staff developed five options
for Council consideration at the May 20, 2008 City Council meeting. At that
meeting, Council'asked staff to develop a transition schedule and MOU with
SBCHC before taking formal action-to- approve the operation transfer.
Since that time, City staff members have met with the South Bay Children's
Health Center on numerous occasions and have been impressed by the
SBCHC's dedication to their clientele and the similarity of SBCHC's mission to
that of the SBYP. The SBCHC Board and staff are committed to maintaining the
SBYP's integrity of services and multi -city brand and have offered to open seats
on their Board to allow for new members from the Friends of the SBYP and
former SBYP administrators. City and SBCHC staff members have analyzed a
variety of transition issues to ensure a smooth transfer of counseling clients and
have gone through every grant contract and associated expenditure
reimbursement process to address any potential financial concerns.
At the June 17, 2008 Redondo Beach City Council meeting the Council approved
a- Memorandum-of Understanding (MOU) transferrMg- South Bay Youth Project
Operations to the South Say Children's Health Center (see attached).
SBCHC will be the new administrative and fiscal agent for the SBYP. Christina
Harris Is the Executive Director of the South Bay Children's Health Center and is
available to answer any questions (310- 316- 1212).
Please let me know If you have any questions or concerns. My phone number is
310 - 372 -1171 x 2791.
Dan Smith, is also working with the SBCHC to ensure a smooth transition and is
available for any specific SBYP concerns. His phone number is 310- 318 -0639.
Sinc -
Bill Workman
City Manager
cc: Gary Chicots, Director of Planning and Building Safety
Kimberly Christensen, Planning Manager
Richard Bumette, Director of Parks and Recreation
Judy Andoe, Parks Superintendent
"lip � ti
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of the Biological Wastewater
Closed Loop System at 400 Sepulveda Blvd. — Project No. PW 08 -01. (Fiscal Impact:
$71,930.00).
RECOMMENDED COUNCIL ACTION:
(1) Accept the work as complete; (2) Authorize the City Clerk to file a Notice of Completion in
the County Recorder's Office; and (3) Alternatively, discuss and take other action related to
this item.
BACKGROUND & DISCUSSION:
On March 18, 2008, City Council awarded a contract to Pacific Construction, Inc. in the
amount of $71,930.00 for the installation of a Biological Wastewater Closed Loop System at
400 Sepulveda Blvd. Pacific Construction has since constructed the wash rack and installed
the Biological Wastewater Closed Loop System at the Golf Courses Maintenance Yard. All
required work has been completed to the satisfaction of the City.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: $71,930.00
Operating Budget:
Capital Improvement Program:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
N/A
$71,930.00
N/A
503 - 400 - 5301 -8103
Accept the work as complete
No
ORIGINATED BY: DATE:
Stephanie Katsouleas, Director of Public Works 08/13/08
REVIEWED BY: DATE:
J Wayt, City M a er
0 213
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
EI Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Biological Wastewater Closed Loop System
Project No.: PW 08 -01
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Park
A work of improvement on the property hereinafter described was field reviewed by the City
Engineer on August 6, 2008. The work done was: Biological Wastewater Closed Loop
System.
6. On August 19, 2008, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
The name of the Contractor for such work of improvement was: Pacific Construction, Inc.
The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows: Public
Park.
The street address of said property is: 400 South Sepulveda Boulevard
Dated:
Dan Garcia
Assistant City Engineer
VERIFICATION
I, the undersigned, say: I am the Assistant City Engineer of the City El Segundo, the declarant of the
foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the
same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2008 at El Segundo, California.
Dan Garcia
Assistant City Engineer
Notice of Completions \PW 07 -07
J�'4
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve an employment agreement with Jack Wayt for
the position of City Manager effective October 1, 2008.
RECOMMENDED COUNCIL ACTION:
1) Authorize the Mayor to execute the attached agreement; 2) Alternatively, discuss and
take other action related to this item.
BACKGROUND & DISCUSSION:
Jack Wayt has been the Interim City Manager for the City since May 5, 2008. The appointment
discussions and contract negotiations were noticed on the closed session agenda of the August
5, 2008, Council Meeting. The City Attorney acted as the City's contract negotiator. The
employment agreement provides for an annual salary of $210,000 plus benefits that are
currently provided to management level employees of the City (except deferred compensation
benefits shall not be provided). The Agreement also provides that Jack Wayt shall transition
from Interim City Manager to City Manager on October 1, 2008. The October 1 date was
chosen to allow sufficient time for Jack Wayt to "un- retire" from the California Public Employee
Retirement System. He cannot commence permanent employment with the City until this
process is completed.
ATTACHED SUPPORTING DOCUMENTS:
Copy of draft Employment Agreement
FISCAL IMPACT: NIA
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: _Yes X No
ORIGINATED BY: DATE:
Mark Hensley, City Attorney
5
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ( "AGREEMENT ") is entered into this 19th
day of August, 2008, between the City of El Segundo ( "CITY ") and Jack Wayt
( "EMPLOYEE ").
SECTION 1. TERM
EMPLOYEE shall commence employment as city manager for CITY on October
1, 2008. Except as otherwise provided for in this AGREEMENT, EMPLOYEE's
employment with CITY shall be on an at -will basis and will continue until terminated as
provided in this AGREEMENT. Employee shall receive the authority from the California
Public Employees Retirement System ( "PERS ") to un- retire from the PERS retirement
system for purposes of being able to serve as the city manager of the CITY as provided
in this AGREEMENT. In the event that EMPLOYEE cannot un- retire from PERS prior to
October 1, 2008, then this AGREEMENT shall be null and void and neither party hereto
will have any rights or obligations under this AGREEMENT.
SECTION 2. DUTIES
EMPLOYEE shall perform to his best ability the duties and functions of the City
Manager, as defined by California state law and CITY Ordinances, Resolutions and
Personnel Rules and Regulations, including without limitation acting as the CITY's
highest ranking administrative officer and management employee, and shall perform
such other legally permissible duties and acts as City Council may direct from time to
time.
SECTION 3. TERMINATION OF EMPLOYMENT
(A) . Through and including September 30, 2009, CITY may only terminate
this AGREEMENT based upon (i) EMPLOYEE's willful misconduct, including without
limitation, intentionally failing to fulfill EMPLOYEE's duties set forth in SECTION 2 of the
AGREEMENT; or (ii) conviction of EMPLOYEE of a crime involving moral turpitude.
The City shall have the right to terminate this Agreement such that the Agreement is
terminated on October 1, 2009, or any date thereafter, with or without cause, by
providing EMPLOYEE 30 days prior written notice of its intention to terminate this
AGREEMENT;
(B) EMPLOYEE may terminate this AGREEMENT at any time upon thirty -
days written notice to the Mayor of CITY. EMPLOYEE shall not be entitled to any
compensation upon such a termination except as set forth in Section 3 (C);
(C) Upon any termination of this EMPLOYEE's employment, CITY shall pay
EMPLOYEE upon the effective date of such termination, an amount equal to the value
of the employee's accumulated, but unpaid and unused executive, vacation and sick
leave, calculated at EMPLOYEE's rate of pay on the date of termination.
C��'t;
SECTION 4. COMPENSATION
(A) EMPLOYEE's annual base salary is $210,000 which shall be paid in equal
bi- weekly payments. Any increase in compensation must be in a writing and signed by
the parties;
(B) CITY shall pay EMPLOYEE for professional membership dues and fees
and attendance at conferences as such may be budgeted by the CITY. EMPLOYEE
shall also be reimbursed upon presentation to CITY of verified receipts for sums
necessarily incurred by EMPLOYEE in the performance of EMPLOYEE's duties or as
otherwise budgeted for by CITY;
(C) EMPLOYEE shall be entitled to all other benefits of employment now in
effect (excluding salary increases which are governed by Section 4 (A) above and
deferred compensation benefits), or as hereafter approved by the City Council, which
are provided to other management employees of the CITY. EMPLOYEE shall accrue
executive, vacation and sick leave at the maximum rate provided for management
employees.
SECTION 5. ENTIRE AGREEMENT AND AMENDMENTS
CITY and EMPLOYEE acknowledge that no representation, inducement, promise
or agreement, oral or written, has been made or is being relied upon which is not set
forth in this AGREEMENT. This AGREEMENT supercedes all prior agreements with
respect to the subject matter hereof and, to the extent permitted by law, any and all
CITY Ordinances, Resolutions or Personnel Rules and Regulations of CITY that have
been or may be adopted. No amendment or modification to this AGREEMENT shall be
effective unless such is in writing and signed by the parties.
SECTION 6. EFFECT OF WAIVER/SEVERABILITY
Failure by either party to insist on strict compliance with any term or condition of
this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any
such failure be deemed a waiver of that right at any other time. If any provision of this
AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the
remaining provisions shall remain in full force and effect.
SECTION 7. EMPLOYEE REPRESENTATION
EMPLOYEE represents that he has reviewed this AGREEMENT and has had the
opportunity to consult with legal counsel of EMPLOYEE's own choosing with respect to
this AGREEMENT.
SECTION 8. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the
laws of the State of California and the venue for any legal action relating to this
;� 4
AGREEMENT shall be the Superior Court of the State of California, County of Los
Angeles.
SECTION 9. COUNTERPARTS
This AGREEMENT may be executed in counterparts, which counterparts shall
constitute the AGREEMENT.
IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be executed
on its behalf by its Mayor and duly attested by its City Clerk; and EMPLOYEE has
executed this AGREEMENT on the date first written above.
CITY:
By:
Kelly McDowell, Mayor
EMPLOYEE:
0
ATTEST:
By:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
By:
Mark Hensley, City Attorney
Jack Wayt
S
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to approve a resolution identifying deposit requirements for
work conducted in the public right of way. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Approve the proposed resolution identifying security deposit requirements for work
conducted in the public right -of -way; 2) Alternatively, discuss and take other action related to
this item.
BACKGROUND & DISCUSSION:
Recently, The Gas Company filed for a City permit to pothole in 21 locations on El Segundo
Blvd. in preparation for installing a new high pressure gas line. As part of permit issuance, the
City required The Gas Co. to post a security deposit for $10,000, which was the same amount
required by West Basin when it potholed 20+ locations before installing a new recycled water
line on El Segundo Blvd. several years ago. However, The Gas Co. questioned the basis for
the security amount and opposed the City's policy of requiring any security for new
construction in the public ROW, stating that it did not have a history of conducting poor
restoration work. Historically, the City has not required security deposits from The Gas Co. for
maintenance activities on existing facilities under the terms of its franchise agreement.
(Background and Discussion continued on the next page)
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
El Segundo Municipal Code §9 -2 -2
FISCAL IMPACT: None
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: No
ORIGINATED BY: DATE:
Stephanie Katsouleas, Director of Public Works 08/19/08
REVIEWED BY: DATE:
Jack Wayt, City anager 08/19/08
U
zq A
Background & Discussion (continued)
The purpose of a security deposit, as identified in ESMC §9 -2 -2 (see attached), is to ensure
that individuals or companies who conduct work in the public right -of -way restore the City's
affected streets, sidewalks, curbs and gutters according to City construction standards.
Should a permittee fail to provide adequate restoration, then the security posted allows the
City to perform the repairs to ensure that established standards are met without having to
pursue legal avenues. Where restoration work is performed adequately, the security posted is
fully refunded to the permittee within 21 days of completion of the work. Acceptable forms of
security currently include a bond, cash deposit or letter of credit from a bank.
On March 20, 2001, City Council adopted Resolution 4211, which consolidated five previous
resolutions addressing the fines and fees of the Public Works Department. However, security
deposit requirements for work conducted in the public right -of -way were not identified in that
resolution. Although Public Works currently requires a security be posted as a condition of
permit issuance for individuals, private developers and public utilities, there is no codified
structure in place identifying the deposit amount required relative to the type of work
conducted in the public right -of -way. The proposed resolution (attached) would establish such
a deposit structure for excavation for new or existing facilities, thereby removing any ambiguity
regarding security deposit requirements and amounts.
The Public Works Department proposes the following security deposit requirements based on
known construction costs or the option for a permittee to provide a security deposit for the
actual cost of the work performed in lieu of the rates listed below.
Depth of Trench
Less than 6"
6" to 24"
24" to 48"
> 48"
Potholing (street)
N/A
$250.00/
$500.00/
$1000.00/
location
location
location
Potholing (non- street)
N/A
$100.00/
$250.00/
$500.00/
location
location
location
Surface Restoration
Asphalt Pavement
$12.00/ft
$12.00/ft
$12.00/ft
$20.00 /ft
Concrete Pavement (street)
$12.00/ft
$12.00/ft
$12.00/ft
$20.00 /ft
Concrete Driveway
$7.00 /ft (replace only)
Concrete Curb only
$32.00 If
Concrete Curb /Gutter
$32.00 If
Concrete Sidewalks
$13.00/ft
Concrete Curbed Ramp
$20.00 /ft
Landscaped Parkways
$5.00/ft
$5.00 /ft
$7.00 /ft
10.00 /ft
Parkway Drain
Sewer Connection Lateral Installation or
Replacement:
Residential lateral to curb
Residential lateral to sewer main
Commercial lateral to curb
Commercial lateral to sewer main
Sewer Connection Main Installation or
Replacement
Sewer Manhole
.00 each location based on 5'x 5' score line
$1,000.00
$2,000.00
$2,000.00
$5,000.00
Actual Cost
MCI
Activity
Deposit
Water Service Connection (lateral
$1000.00 for up to 2" lateral
installation /replacement)
$1500.00 for 3" — 8" lateral
Hermosa
Beach
Water Service Meter
$1000.00 for up 2" meter
...
General
$1500.00 3" and above
$500.00 min. All fees are flat
Storm Drain Connection Installation or
Actual Cost
Comments
Replacement
deposit rate. There is
deposits may
Traffic Signal
Actual Cost
year due to
Striping
Actual Cost
All other excavation not listed
Actual Cost
* The excavation deposit rates identified in this table are based on the latest annual Caltrans contracting rates for
2007 for the Southern California area. All other deposit rates are based on staff resource rates and recent
contract and material costs incurred by the City for comparable excavation /restoration projects.
For comparative purposes, other local cities have a variety of deposit requirements in place for
individuals and private companies conducting right -of -way work, with rates varying from a flat
fee structure to actual cost of the project (see below). The City Attorney's office has opined
that the deposit requirement should be implemented on a uniform basis. To the extent that
City wants to exempt all public utilities from the deposit requirement, such approach may be
acceptable. However, staff has concern about such an exemption based upon the number of
telecommunications companies that may potentially perform work in the public right -of -way in
the future. For utility companies specifically, some cities do not as a practice require deposits,
others have bond requirements that are no longer enforced, some collect deposits for each
job, and some require a permanent bond be on file.
Public Right -of -Way Deposit Requirements of Other Local Cities
A G
City of
•.. ..
ElSegundo
Hermosa
Beach
Torrance Beach
Beach
...
General
Bonds may be
$500.00 min. All fees are flat
Multiple
No minimum
Comments
held up to one
deposit rate. There is
deposits may
deposit
year due to
no scaling
apply
sandy soils.
based on the
depending on
size of the job.
number of
permits pulled.
Curb and Gutter
bond
re
requirement
$6.00 /If
$427.00 flat
rate for curb,
Residential:
$1000.00
deposit
$32.00/If
Sidewalk
$1.00 ft
$13.00 ft
AC Pavement w/
$1.50 fl:2
$12.00 ft
base
gutter, sidewalk
required for
each permit
General
< 5 ft: $6.00 /if
< 4 ft: $12.00 /lf
trenching
> 5 ft: $6.90 /lf
and street
excavation
issued
regardless of
> 4 ft: $20.00 /If
Sewer
$500.00
$2,000.00
connection
$1,600 min.
deposit; up to
scope of work.
Manhole
$2,000.00
$496.00
$2,000.00
$20,000 based
Commercial:
on actual costs.
Deposit
requirement
based on size
of the project;
$1000
minimum.
A G
9 -2 -1: WORK IN PUBLIC RIGHT OF WAY; PERMITS, FEES AND DEPOSIT:
A. Permit Required; Fees: Notwithstanding any of the other provisions of this Chapter, a
permit shall be required for any work or encroachment in the public right of way, and the
permittee shall pay to the City a permit fee, a fee for subdivision plan checks or USA
underground alert service, as applicable. All fees shall be fixed and established by City
Council from time to time by resolution.
B. Fees Additional To Deposit Or Bond: The fees shall be in addition to any cash deposit or
bond for restoration which the permittee may be required to make or furnish.
C. Deposit; Inspection Cost; Refund: In addition, permittee will be required to provide a
cash deposit sufficient to cover the cost of inspection and any unused portion thereof
will be refunded to permittee.
D. Failure To Obtain Permit; Permit Fee Double: When work for which a permit is required
by this Chapter is started and /or completed prior to obtaining such permit, a special
investigation fee shall be charged which shall be double the normal permit fee for the
work. The payment of such double fee shall not relieve any person from fully complying
with the requirements of the permit. (Ord. 1130, 1 -3 -1989)
9 -2 -2: PERMIT ISSUANCE; BOND:
The Street Superintendent shall issue a permit to any person to perform any act referred to
in this Chapter when the same is necessary for building or construction purposes or for the
improvement of the street, alley, thoroughfare or place; provided, however, that no such
permit shall be issued until the person has given the City a good and sufficient bond, to be
approved by the Street Superintendent indemnifying the City against any damage that may
arise by reason of the performance of any such acts and for any expense incurred by the
City in restoring the street, alley, thoroughfare or place to its proper condition. (Ord. 10, 2-
28 -1917)
MD
RESOLUTION NO.
A RESOLUTION ESTABLISHING SURETY AMOUNTS TO
PROTECT PUBLIC STREETS AND RIGHTS -OF -WAY FROM
DAMAGE RESULTING FROM VARIOUS ACTIVITIES IN
ACCORDANCE WITH EL SEGUNDO MUNICIPAL CODE
CHAPTER 9 -2.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City owns and controls a multitude of public streets, alleys, rights -of-
ways, and service easements throughout the City's limits.
B. There are often instances where persons desire to encroach into such
public property for various purposes including, without limitation, erecting
improvements, construction work, and temporarily placing personal
property.
C. It is in the public interest for the City to regulate such activities to ensure
not only that public safety and welfare is protected, but to establish
uniform procedures to facilitate review and approval of certain activities
within public rights -of -ways.
D. In accordance with El Segundo Municipal Code ( "ESMC ") § 9 -2 -2, the
Superintendent of Streets ( "Public Works Director") can determine the
amount of bonds ( "Surety Amounts ") sufficient to protect public property
and ensure restoration and rehabilitation of such property in the event of
damage resulting from building or construction within the City's streets and
public rights -of -way.
E. In regulating the use of its public rights -of -ways, the City recognizes the
obligations of various public utilities to meet the utility needs of their
customers. Accordingly, the City believes that it is in the public interest to
facilitate the public utilities' use of public right -of -ways, when needed, to
the greatest extent practicable. Such accommodation must be
accomplished in accordance with the provisions of the ESMC, other
applicable laws, and the utility company's franchise agreements.
F. At the recommendation of the Public Works Director and the City
Manager, the City Council believes that it is in the public interest to
establish the recommended Surety Amounts as set forth below.
SECTION 2: Surety Requirements. In accordance with ESMC § 9 -2 -2, the Public
Works Director cannot issue a permit pursuant to ESMC Chapter 9 -2 unless and until a
permittee obtains and provides the City a surety bond or other security guaranteeing
Page 1 of 4
,;�q C
permittee's performance of all duties and obligations under such permit including, in
particular, the duty and obligation to restore the construction or work site to the same
condition as it was before the work, or such modified condition as approved by the
Public Works Director.
SECTION 3: Amount of Security. The surety bond or other security obtained and
provided by a permittee must be in the amount set forth by this Resolution.
SECTION 4: Form of Security. The permittee's surety bond must be in a form
approved by the City Attorney and conditioned upon the duties and obligations
contained in the permit and set forth in the ESMC. In lieu of a surety bond, a permittee
may obtain and provide to the City a cash deposit, certificate of deposit naming the City
as the payee thereof or such other kind of security acceptable to the City Manager, or
designee, provided such alternate security is accompanied by an agreement, in a form
approved by the City Attorney, stating that the security is being pledged to guarantee
performance of the permittee's duties and obligations under the permit issued to
permittee pursuant to the ESMC.
SECTION 5: Surety amounts. The Surety amounts set forth below are approved and
adopted:
Activity
Deposit
Depth of Trench
Less than 6"
1 6" to 24"
24" to 48"
> 48"
Potholing (street)
N/A
$250.00/
$500.00/
$1000.00/
location
location
location
Potholing (non- street)
N/A
$100.00/
$250.00/
$500.00/
location
location
location
Surface Restoration
Asphalt Pavement
$12.00/ft
$12.00/ft
$12.00/ft
$20.00 /ft
Concrete Pavement street
$12.00/ft
$12.001ft
$12.00/ft
$20.061ft
Concrete Driveway
$7.00 /ft (replace only)
Concrete Curb only
$32.00 If
Concrete Curb /Gutter
$32.00 If
Concrete Sidewalks
$13.00/ft
Concrete Curbed Ramp
$20.00 1ft
Landscaped Parkways
$5 .00/ft2
$5.00 /ft
$7.00 /ft 10.00 /ft
Parkway Drain
$325.00 each location based on 5'x 5' score line
City
Service Utility Connections
Sewer Connection Lateral Installation or
Replacement:
Residential lateral to curb
$1,000.00
Residential lateral to sewer main
$2,000.00
Commercial lateral to curb
$2,000.00
Commercial lateral to sewer main
$5,000.00
Sewer Connection Main Installation or
Actual Cost
Replacement
Sewer Manhole
$2,000
Water Service Connection (lateral
$1000.00 for up to 2" lateral
Installation/replacement) )
$1500.00 for 3" — 8" lateral
Water Service Meter
$1000.00 for up 2" meter
Page 2of4
�q
SECTION 6: This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, or approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Resolution, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 7: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 8: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this day of August, 2008.
Kelly McDowell, Mayor
Page 3 of 4
Aq b
Deposit
Activity
$1500.00 3" and above
Storm Drain Connection Installation or
Replacement
Actual Cost
Traffic Signal
Actual Cost
Striping
Actual Cost
All other excavation not listed
Actual Cost
SECTION 6: This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, or approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Resolution, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 7: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 8: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this day of August, 2008.
Kelly McDowell, Mayor
Page 3 of 4
Aq b
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the day of , 2008,
and the same was so passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
Page 4 of 4
R�
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of up to a $5,000,000 grant from the
Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI)
Program.
RECOMMENDED COUNCIL ACTION:
1) City Council accepts FAA Grant Agreement for Project No. AIP 3 -06- 0139 -52; 2) Authorize
the Mayor to execute the FAA Grant Agreement; and 3) Alternatively, discuss and take other
action related to this item.
BACKGROUND & DISCUSSION:
On July 24, 2008, staff applied for additional $5,000,000 in FAA Grant Funding for the City's
RSI Program. On August 12, 2008, the FAA sent a letter of a Draft Grant Agreement for
$5,000,000. This grant is contingent upon execution of a Grant Agreement on or before
August 29, and therefore staff is recommending authorizing the Mayor to execute a Grant
Agreement for $5,000,000 in new funding from the FAA.
The offer is in keeping with previous terms and conditions of previous FAA grants accepted by
the City. To date, the City has accepted fourteen (14) FAA grants totaling $29,808,880 and
this would be the City's fifteenth (15 ) FAA grant, bringing the total to $34,808,880.
(Continued on next page...)
ATTACHED SUPPORTING DOCUMENTS:
Draft Grant Agreement from FAA
FISCAL IMPACT: $5,000,000 to be received in RSI Grant Funds
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: ,Yes X No
ORIGINATED: DATE: August 7,
6>\kk
d,,. -.� o�
ames S. O'Neill, Program Manager
REVIEWED BY: DATE:
Ja Wayt, Interim ity Manager
0%"1* >J
BACKGROUND & DISCUSSION (cont)
The FAA has verbally informed staff that the attached Grant Agreement is a draft only, as they
are awaiting final approval of the funding, however they do expect approval by August 19.
Staff has included the most recent documents available related to this grant, and placed this
item on the City Council agenda in order to meet the August 29th deadline set by the FAA.
Staff recommends that City Council accept the FAA Grant Agreement to continue the
Residential Sound Insulation Program. To date, the City has completed RSI Improvements on
758 Dwellings. This new grant will be used after current FAA grants and LAWA grants have
be expended and is expected to help fund Groups 41 -45.
D
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer:
Los Angeles International Airport /Planning Area
Project No. 3 -06- 0139 - 052 -2008
DUNS No. 077 - 264679
TO: City of El Segundo
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA ")
WHEREAS, the Sponsor has submitted to the FAA Project Application dated July 24, 2008 for a grant of Federal funds for
a project at or associated with the Los Angeles International Airport/Planning Area which Project Application, as approved
by the FAA, is hereby incorporated herein and made part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project') consisting of the
following:
Noise mitigation measures for residences within 65 -69 DNL in the city of El Segundo
(approximately 120 residential units).
all as more particularly described in the Project Application.
Page 1 of 4 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations
and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the
assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, 80 percent of those eligible project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $5,000,000.00.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this
purpose:
$ 0.00 for planning
$ 5,000,000.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration
as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United
States share will be based upon the final audit of the total amount of allowable project costs and settlement will be
made for any upward or downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof,
and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances
which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless
this offer has been accepted by the sponsor on or before August 29, 2008 or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds
however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant
agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken
to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from,
or be incident to, compliance with this grant agreement.
9. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States, to be used for any
project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will
include in every contract a provision implementing this special condition.
Page 2 of 4 Pages
r., ., -1
'L; :� J
10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on
estimates for the described airport development or noise program implementation; and the parties hereby covenant
and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the
approved project contained within the grant description.
11. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land
until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V
Assurances and such agreement is determined to be satisfactory. As a minimum, the agreement with the private
owner must contain the following provisions:
11.1. The property owner shall subject the construction work on the project to such inspection and approval during
the construction or installation of the noise compatibility measures and after completion of the measures as
may reasonably be requested by the Secretary or the sponsor.
11.2. The property owner shall assume the responsibility for maintenance and operation of the items installed,
purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears any
responsibility for the maintenance and operation of these items.
11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private
property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary
or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition
of those funds.
11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be
abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise
compatibility measures during the useful life of such measures. This obligation shall remain in effect
throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date
of the sponsor's acceptance of Federal aid for the project.
12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant
obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5 %),
whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project
costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to
exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood
and agreed that if, during the life of the project, the FAA determines that a change in the grant description is
advantageous and in the best interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United
States is adjusted to the amount specified or the grant description is amended to the description specified.
14. The attached Assurances is incorporated hereto with the Grant Offer and is made a part hereof.
Page 3 of 4 Pages
034
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United
States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this
Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Brian O. Armstrong
Manager, Los Angeles Airport District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and
agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does
hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in
the Project Application.
Executed this day of August, 2008.
City of El Segundo
(Name of Sponsor)
(Signature of Sponsor's Designated Official Representative)
By:
(SEAL) (Typed Name of Sponsor's Designated Official Representative)
Title:
(Typed Title of Sponsor's Designated Official Representative)
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
California. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's
official representative has been duly authorized and that the execution thereof is in all respects due and proper in
accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on
property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor.
Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at this day of August, 2008.
(Signature of Sponsors Attorney)
Page 4 of 4 Pages
0,J53
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce and waive first reading of an ordinance
amending the El Segundo Municipal Code (ESMC) with regard to local campaign financing
and signs.
RECOMMENDED COUNCIL ACTION:
(1) Introduce and waive first reading of an Ordinance amending ESMC §§ 1 -9 -2, 1 -9 -3, 1 -9 -5,
and 15- 18- 10(G); (2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
At the May 20, 2008 Council Meeting, the City Council requested that an ordinance be
prepared to amend ESMC provisions regulating local elections. The City Council expressed its
desire that campaign signs include the name and phone number of person(s) that paid for
political signs; that the ESMC clarify that a candidate's contribution of his /her funds to his /her
own campaign is not regulated by the ESMC; to increase the cap on campaign contributions
from $499 to $750; and to establish a time period before a local election for erecting campaign
signs.
ATTACHED SUPPORTING DOCUMENTS:
Draft Ordinance.
FISCAL IMPACT: NIA
Operating Budget:
Account Number:
Amount Requested:
Project Phase:
Appropriation Required:
Mark D. Hensldy, City Attorney
DATE:
x$113/0$
REVIEWED BY: DATE:
3 ��
J a Interi -//
�Ic yt, m Ci Manager
036
BACKGROUND & DISCUSSION (CONTINUED):
The City's Ability to Regulate Local Elections
The Political Reform Act of 19741 ( "PRA ") gives the City limited authority to regulate local
elections: (1) the City may impose "additional requirements on any person if the requirements
do not prevent the person from complying with [the PRA]..."; and (2) the City may adopt
"contribution limitations or prohibitions" for local elections if such regulations do not restrict
non - public communications (that is, those that are not made for "general public advertising ")
made to "members, employees, shareholders" or their families." These latter communications
are not considered "contributions" under the PRA.
It is the FPPC's opinion that these provisions of the PRA make it "clear that the [PRA] is not
intended to so occupy the field it regulates that ... local government agencies are powerless to
enact additional regulations." Additionally, although the PRA establishes a uniform law
regulating election financing, the FPPC believes that cities may "impose additional obligations
[on local elections] or, in the context of local elections, completely different expenditure and
contribution limits." Any such local regulations, however, would still be subject to constitutional
challenges based upon the United States or California Constitutions.
2008 City Council directed changes
As summarized below, the draft Ordinance addresses the issues identified by the City Council
in May.
Name and Phone numbers on campaign signs
The ESMC already requires "campaign literature" to include the name, street address, and city
of every person who contributes 25% or more of manufacturing costs associated with such
campaign literature. Proposed changes to ESMC § 1 -9 -2 and 1 -9 -5 would clarify that
"campaign literature" includes political signs for local elections. Additionally, a phone number
would be required to be printed on campaign literature.
2. Candidates' contribution of own funds
In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court determined that
limiting a candidate's expenditure of his /her own money in support of his /her campaign was an
unconstitutional infringement upon the candidate's First Amendment rights. The draft
ordinance would amend ESMC § 1 -9 -2 to clarify this issue.
3. Increasing the limit on contributions
The ESMC currently prohibits persons from making annual anonymous contributions of $500
or more to any candidate. At its May 20th meeting, the City Council asked that this limit be
raised to contributions that exceed $750. This change is included in the draft ordinance.
4. Timing for erecting political signs
The draft ordinance adds a provision to ESMC § 15- 18 -10(G) that essentially prohibits more
than two political signs from being erected more than 60 days before a local election. The
1 Government Code §§ 81000 - 91015.
2
037
ESMC currently does not restrict the number of political signs that can be erected; its only
limitation is that such signs be removed 48 hours after the local election.
Note that this proposed regulation may be vulnerable to a First Amendment challenge. A
similar but potentially distinguishable restriction was held to be unconstitutional in City of
Antioch v. Candidates' Outdoor Graphic Service (1982) 557 F.Supp. 52 (a copy of which is
attached with the staff report). The municipal code at issue in that case, however, generally
banned all signs except for a 60 day window before a local election when it allowed campaign
signs. In contrast, the ESMC currently allows two temporary signs (including political signs) to
be erected as a matter of right year- round. During elections, the ESMC allows an unlimited
number of campaign signs to be erected (the ESMC currently does not impose a time
limitation before which campaign signs may not be erected). Accordingly, the proposed
amendment would just clarify that 60 days prior to an election that only two signs (including
political signs) are allowed on a parcel. Given that the City's ordinance does allow political
signs on a year -round basis and only restricts the number of political signs that are posted
when there is no pending election, the proposed ordinance is distinguishable from that in the
Antioch and may therefore be legally defensible since it provides a year -round opportunity for
property owners to place political signs on their property.
03 8
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -9-
2, 1 -9 -3, 1 -9 -5, AND 15- 18 -10(G) RELATING TO LOCAL ELECTION
REGULATIONS.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The city council finds and declares as follows:
A. The ability to contribute time and money to local political campaigns is a
legitimate and important means of participating in the political process.
B. Large monetary contributions, however, may give at least the appearance
that candidates for elective office may be unduly influenced through
financial means.
C. It is in the public interest that the City have a means by which all persons
within the community have a fair and equitable opportunity to participate in
local government whether by elected office or through other means.
D. To assist with the goal of providing an even playing field to all candidates
seeking elective office, and to engender public trust in the political
process, the City Council enacted regulations for campaign contributions
as set forth in Chapter 9 to Title 1 of the El Segundo Municipal Code
( "ESMC ") entitled Campaign Contributions and consisting of §§ 1 -9 -1 to 1-
9-8.
E. When adopting this Ordinance, the City Council considered, among other
things, the California Supreme Court's decision in Griset v. Fair Political
Practices Commission (1994) 8 CalAth 851, cert. den. 15 S.Ct. 1794, and
the cases cited therein. The regulations adopted by this Ordinance are
intended to balance individual's First Amendment rights with the
electorate's right to be fully informed and the public interest in preventing
corruption in local elections.
F. By adopting these regulations, the City intends to fully inform voters
regarding candidate and campaign viewpoints; to assist voters with
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distinguishing between accurate and deceptive information; deter
defamatory statements; prevent corruption; and assist law enforcement.
G. The City has a compelling interest to promote an informed electorate;
deter corruption in local elections; and gather evidence to facilitate
enforcement of local election regulations. Accordingly, it is in the public
interest to adopt regulations imposing strict disclosure requirements upon,
among other things, unsolicited campaign literature that is distributed
during the course of local political campaigns.
SECTION 2: ESMC § 1 -9 -2 is amended to read as follows:
1-9 -2: Definitions. Except as otherwise stated below, the words and
phrases used in this Chapter generally have the same meanings as in the
California Election Code, the Political Reform Act, and those regulations
promulgated by the Fair Political Practices Commission. In addition, unless the
contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this chapter:
A. "Campaign literature" means unsolicited circulars, pamphlets, letters,
posters, political signs, or other reproduced matter referring to an election,
candidate, or any ballot measure. Campaign literature does not include
other campaign paraphernalia such as, without limitation, pencils, buttons,
or similar items.
B. "Contribution" means a payment, loans and extensions of credit (other
than those made by financial institutions), a payment of a loan from a
financial institution by a third party, or an enforceable promise to make a
payment, except to the extent that full and adequate consideration is
received, unless it is clear from the surrounding circumstances that it is
not made for political purposes. An expenditure made at a candidate's,
committee's, or elected officer's direction is a contribution to the
candidate, committee, or elected officer, unless full and adequate
consideration is received for making the expenditure.
"Contribution" includes purchasing tickets for events such as
dinners, luncheons, rallies, and similar fund - raising events; granting
discounts or rebates not extended to the public generally or
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C. I U
granting discounts or rebates by television and radio stations and
newspapers not extended on an equal basis to all candidates for
the same office; and paying compensation by any person for the
personal services or expenses of any other person if such services
are rendered or expenses incurred on behalf of a candidate or
committee without payment of full and adequate consideration.
2. "Contribution" also includes any transfer of anything of value
received by a committee from another committee. The term does
not include amounts received under an enforceable promise to the
extent such amounts were previously reported as a contribution.
However, these amounts will be reported in the appropriate
campaign statement.
3. "Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel
expenses if such payments are made voluntarily without any
understanding or agreement that they will be directly or indirectly
repaid to him.
4. In accordance with Buckley v. Valeo (1976) 424 U.S. 1, a
candidate's direct contribution to his or her campaign is not
regulated by this Chapter.
C. "Person" means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
controlled committee, or committee.
SECTION 3: ESMC § 1 -9 -3 is amended to read as follows:
1-9 -3: Anonymous Contributions Prohibited; Contribution Limit.
A. It is unlawful for any person to make, and any candidate, controlled
committee, or committee to solicit or accept, any anonymous contribution
in a local election.
B. For local elections, it is unlawful for any person to make a contribution to a
candidate, controlled committee, committee that exceeds seven hundred
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e4i
fifty dollars ($750) in a calendar year."
SECTION 4: ESMC § 1 -9 -5 is amended to read as follows:
1-9 -5: Anonymous Mailings Prohibited:
A. It is unlawful for any person, candidate, or committee to send any
unsolicited piece of mail supporting or opposing any candidate or ballot
measure in a local election that does not comply with the requirements of
Government Code section 84305 or, if a slate mailer, Government Code
section 84305.5.
B. In addition to the requirements of Government Code section 84305 or, if
applicable, Government Code section 84305.5, campaign literature
including, without limitation, mailers, must include the name and telephone
number of any person contributing twenty five percent (25 %) or more of
the cost for producing the campaign literature. The text identifying such
persons must conform with the requirements of Government Code section
84305 or, if applicable, Government Code section 84305.5."
SECTION 5: ESMC § 15- 18 -10(G) is amended to read as follows:
"G. Political: Political signs are allowed in any zone subject to the following:
1. Such signs cannot exceed four (4) square feet in area.
2. Except as otherwise allowed by this Chapter, such signs cannot be
erected more than sixty (60) days before the election or ballot
measure for which they are intended.
3. Except as otherwise allowed by this Chapter, such signs must be
removed not later than forty eight (48) hours after the election or
ballot measure for which they are intended."
SECTION 6: 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.
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CA?
SECTION 7: 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 8: This Ordinance will become effective thirty (30) days following its passage
and adoption.
PASSED AND ADOPTED this day of , 2008.
Kelly McDowell, Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of , 2008, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the day
of , 2008, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
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e44
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -9-
2, 1.9 -3, 1 -9.5, AND 15- 18 -10(G) RELATING TO LOCAL ELECTION
REGULATIONS.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The city council finds and declares as follows:
A. The ability to contribute time and money to local political campaigns is a
legitimate and important means of participating in the political process.
B. Large monetary contributions, however, may give at least the appearance
that candidates for elective office may be unduly influenced through
financial means.
C. It is in the public interest that the City have a means by which all persons
within the community have a fair and equitable opportunity to participate in
local government whether by elected office or through other means.
D. To assist with the goal of providing an even playing field to all candidates
seeking elective office, and to engender public trust in the political
process, the City Council enacted regulations for campaign contributions
as set forth in Chapter 9 to Title 1 of the El Segundo Municipal Code
( "ESMC ") entitled Campaign Contributions and consisting of §§ 1 -9 -1 to 1-
9-8.
E. When adopting this Ordinance, the City Council considered, among other
things, the California Supreme Court's decision in Griset v. Fair Political
Practices Commission (1994) 8 Cal.4'h 851, cert. den. 15 S.Ct. 1794, and
the cases cited therein. The regulations adopted by this Ordinance are
intended to balance individual's First Amendment rights with the
electorate's right to be fully informed and the public interest in preventing
corruption in local elections.
F. By adopting these regulations, the City intends to fully inform voters
regarding candidate and campaign viewpoints; to assist voters with
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e415
distinguishing between accurate and deceptive information; deter
defamatory statements; prevent corruption; and assist law enforcement.
G. The City has a compelling interest to promote an informed electorate;
deter corruption in local elections; and gather evidence to facilitate
enforcement of local election regulations. Accordingly, it is in the public
interest to adopt regulations imposing strict disclosure requirements upon,
among other things, unsolicited campaign literature that is distributed
during the course of local political campaigns.
SECTION 2: ESMC § 1 -9 -2 is amended to read as follows:
"1 -9 -2: Definitions. Except as otherwise stated below, the words and
phrases used in this Chapter generally have the same meanings as in the
California Election Code, the Political Reform Act, and those regulations
promulgated by the Fair Political Practices Commission. In addition, unless the
contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this chapter:
A. "Campaign literature" means unsolicited circulars, pamphlets, letters,
posters, political signs, or other reproduced matter referring to an election,
candidate, or any ballot measure. Campaign literature does not include
other campaign paraphernalia such as, without limitation, pencils, buttons,
or similar items.
B. "Contribution" means a payment, loans and extensions of credit (other
than those made by financial institutions), a payment of a loan from a
financial institution by a third party, or an enforceable promise to make a
payment, except to the extent that full and adequate consideration is
received, unless it is clear from the surrounding circumstances that it is
not made for political purposes. An expenditure made at a candidate's,
committee's, or elected officer's direction is a contribution to the
candidate, committee, or elected officer, unless full and adequate
consideration is received for making the expenditure.
"Contribution" includes purchasing tickets for events such as
dinners, luncheons, rallies, and similar fund - raising events; granting
discounts or rebates not extended to the public generally or
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X 4 6
granting discounts or rebates by television and radio stations and
newspapers not extended on an equal basis to all candidates for
the same office; and paying compensation by any person for the
personal services or expenses of any other person if such services
are rendered or expenses incurred on behalf of a candidate or
committee without payment of full and adequate consideration.
"Contribution" also includes any transfer of anything of value
received by a committee from another committee. The term does
not include amounts received under an enforceable promise to the
extent such amounts were previously reported as a contribution.
However, these amounts will be reported in the appropriate
campaign statement.
"Contribution" does not include volunteer personal services or
payments made by any individual for his or her own travel
expenses if such payments are made voluntarily without any
understanding or agreement that they will be directly or indirectly
repaid to him.
4. In accordance with uckle v. Valeo 1976 424 U.S. 1 a -
candidate's direct contribution to his or her campaign is not
regulated by this Chapter.
C. "Person" means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
controlled committee, or committee.
SECTION 3: ESMC § 1 -9 -3 is amended to read as follows:
1-9 -3: Anonymous Contributions Prohibited; Contribution Limit.
A. It is unlawful for any person to make, and any candidate, controlled
committee, or committee to solicit or accept, any anonymous contribution
in a local election.
B. For local elections, it is unlawful for any person to make a contribution to a
candidate, controlled committee, committee hat exceeds even hundred
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Formatted: Bullets and Numbering
Formatted
Deleted: totaling
Deleted: five hundred
CA 7
f y dollars ( 750) �n a calendar year." Deleted: soo
Deleted: or more
SECTION 4: ESMC § 1 -9 -5 is amended to read as follows:
1-9 -5: Anonymous Mailings Prohibited:
A. It is unlawful for any person, candidate, or committee to send any
unsolicited piece of mail supporting or opposing any candidate or ballot
measure in a local election that does not comply with the requirements of
Government Code section 84305 or, if a slate mailer, Government Code
section 84305.5.
B. In addition to the requirements of Government Code section 84305 or, if
applicable, Government Code section 84305.5, campaign literature
including, without limitation, mailers, Lnust include the name and tele hone Detet«,: Wiij
number of any person contributing twenty five percent (25 %) or more of
the cost for producing the campaign literature. The text identifying such
persons a st conform with, the requirements of Government Code - section Deleted: Will
84305 or, if applicable, Government Code section 84305.5."
SECTION 5: ESMC § 15- 18 -10(G) is amended to read as follows:
"G. Political: Political signs are allowed in any zone subject to the following:
Such signs cannot exceed four (4) square feet in area.
2. Except as otherwise allowed by this Chapter, such signs cannot be • Formatted: Bullets and Numbering
erected more than sixty (60) days before the election or ballot
measure for which they are intended.
3. Except as otherwise allowed by this Chapter, such signs -must- be-.- - Formatted: Bullets and Numbering
removed not later than forty eight (48) hours after the election or Deleted: s
ballot measure for which they are intended."
SECTION 6: 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.
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048
SECTION 7: 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 8: This Ordinance will become effective thirty (30) days following its passage
and adoption.
PASSED AND ADOPTED this day of , 2008.
Kelly McDowell, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of , 2008, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the day
of , 2008, and the same was so passed and adopted by the
following vote
AYES:
NOES:
ABSENT:
ABSTAIN:
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049
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger
Assistant City Attorney
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August 13. 2008
EL SEGUNDO CITY COUNCIL MEETING DATE: August 19, 2008
AGENDA ITEM STATEMENT AGENDA HEADING: Mayor McDowell
AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution opposing
AB2427 (Eng); a bill limiting local governments' power to enforce regulations protecting the
public health, safety and welfare. (Fiscal Impact: None.)
RECOMMENDED COUNCIL ACTION: (1) Adopt the attached resolution opposing A132427; (2)
Authorize appropriate legislative advocacy to oppose passage of the bill; (3) Alternately,
discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
This bill was sponsored the California Veterinary Medicine Association as a consequence of a
2007 Appellate Court decision in a case filed by the Association against the City of West
Hollywood. The Court found that state law did not prohibit the city from imposing a ban on
certain veterinary procedures to prevent animal cruelty. Further, the Court found that while
state law prohibits a local agency from imposing additional licensing requirements, the
Legislature had not explicitly nor implicitly preempted local regulations deemed to be an
incidental restriction.
Veterinarians and other state - licensed professionals think the court's decision could allow
cities and counties to ban a variety of medical practices and undermine the fundamental
purpose of statewide licensing by substituting local authority for that of state regulators.
(Continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
1. Copies of AB2427 (Eng), bill analysis and current bill status and history.
2. Resolution
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: Yes X No
ORIGI TED Y: DATE:
Kelly McDowe ,Mayor 11,2 ,
REVIEWED BY: DATE:
W rim City Manager
�9J
Background and Discussion (cont'd):
This measure is opposed by local government agencies and associations (including the
California Contract Cities Association, League of California Cities, and California State
Association of Counties) as an unnecessary intrusion into local governments' power to enforce
regulations protecting the public health, safety, and welfare.
It is recommended that the City Council adopt a resolution opposing A132427.
L52
AMENDED IN SENATE JULY 1, 2008
CALIFORNIA LEGISLATURE - 2007 -08 REGULAR SESSION
ASSEMBLY BILL No. 2427
Introduced by Assembly Member Eng
February 21, 2008
An act to amend Section 460 of the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2427, as amended, Eng. Professions and vocations.
Existing law makes it unlawful for a city or county to prohibit a
person, authorized by one of the agencies of the Department of
Consumer Affairs to engage in a particular business, from engaging in
that business, occupation, or profession or any portion thereof.
This bill would also make it unlawful for a city or county to prohibit
that person or a group of those persons from engaging in any act or
series of acts that- fa44,fa1l.s within the statutory or regulatory definition
of that business, occupation, or profession, but would prohibit construing
this prov-ision to prohibit the enforcement ofa local ordinance effective
prior to January 1, 2009, as specked.
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 460 of the Business and Professions Code
2 is amended to read:
3 460. No city or county shall prohibit a person or group of
4 persons, authorized by one of the agencies in the Department of
98
C 5' 3
AB 2427
1 Consumer Affairs by a license, certificate, or other such means to
2 engage in a particular business, from engaging in that business,
3 occupation, or profession or any portion thereof, or from engaging
4 in any act or series of acts that -fail falls within the statutory or
5 regulatory definition of that business, occupation, or profession.
6 leg However, nothing in this section shall be construed to
7 prohibit the enforcement of a local ordinance effective prior to
8 Junuar-y 1, 2009, related to any act orseries ofacts that falls within
9 the statulor'v or regulatory definition of that business, occupation,
10 or profession. In addition, nothing in this section shall prohibit
1 1 any city or county or city and county from levying a business
12 license tax solely for revenue purposes nor any city or county from
13 levying a license tax solely for the purpose of covering the cost of
14 regulation.
X
98
L54
AB 2427 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE : A.B. No. 2427
AUTHOR(S) Eng.
TOPIC Professions and vocations.
HOUSE LOCATION SEN
+LAST AMENDED DATE 07/01/2008
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Non - Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 07/01/2008
LAST HIST. ACTION Read second time, amended, and to third reading.
FILE SEN THIRD READING
FILE DATE 08/11/2008
ITEM 97
COMM. LOCATION SEN BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
TITLE An act to amend Section 460 of the Business and
Professions Code, relating to professions and vocations.
Page 1 of 1
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AB 2427 Assembly Bill - History
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 2427
AUTHOR Eng
TOPIC Professions and vocations.
TYPE OF BILL
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Non - Fiscal
Non -Tax Levy
Page 1 of 1
BILL HISTORY
2008
July 1 Read second time, amended, and to third reading.
June 30 From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.)
June 10 In committee: Hearing postponed by committee.
June 9 In committee: Hearing postponed by committee.
June 4 From committee: Do pass, and re -refer to Com. on B., P. & E.D.
Re- referred. (Ayes 4. Noes 0.) .
May 1 Referred to Coms. on L.GOV. and B., P. & E.D.
Apr'. 22 In Senate. Read first time. To Com. on RLS. for assignment.
Apr. 21 Read third time, passed, and to Senate. (Ayes 65. Noes 7. Page
4737.)
Apr. 10 Read second time. To third reading.
Apr. 9 From committee: Do pass. (Ayes 10. Noes 0.) (April 9).
Mar. 6 Referred to Com. on B. & P.
Feb. 22 From printer. May be heard in committee March 23.
Feb. 21 Read first time. To print.
lhttp:! /% \,,,�,xti.leginfo.ca.gov /pub /07- 08/bill /asm /ab_2401- 2450 /ab_2427_bill_20080701_histo... 8/8/2008 �' ��
AB 2427 Assembly Bill - Bill Analysis
------------------------------------------------------------
ISENATE RULES COMMITTEE AB 2427
Office of Senate Floor Analyses 1
1020 N Street, Suite 524
(916) 651 -1520 Fax: (916)
1327 -4478
------------------------------------------------------ - - - - --
THIRD READING
Bill No: AB 2427
Author: Eng (D)
Amended: 7/1/08 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE 4 -0, 6/4/08
AYES: Cox, Harman, Kehoe, Machado
NO VOTE RECORDED: Negrete McLeod
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE 5 -0, 6/23/08
AYES: Aanestad, Denham, Florez, Harman, Yee
NO VOTE RECORDED: Ridley- Thomas, Calderon, Corbett,
Simitian
ASSEMBLY FLOOR 65 -7, 4/21/08 - See last page for vote
SUBJECT Professions and vocations
SOURCE California Veterinary Medicine Association
DIGEST This bill restricts a city or county from
prohibiting a person, or group of persons, authorized by
one of the agencies in the Department of Consumer Affairs
by a license, certificate, or other such means to engage in
a particular business, from engaging in any act or series
of acts that falls within the statutory of regulatory
definition of that business, occupation, or profession.
This bill does not void local ordinances in effect prior to
January 1, 2009.
CONTINUED
AB 2427
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8/8/2008 �� r
AB 2427 Assembly Bill - Bill Analysis
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2
ANALYSIS The California Department of Consumer Affairs
(DCA) issues statewide licenses in more than 100 business
and 200 professional categories, including: architects,
automotive repair facilities, contractors, cosmetologists,
doctors, dentists, engineers, and veterinarians.
Semi - autonomous boards, bureaus, commissions, and other
regulatory entities, whose members are appointed by the
Governor and the Legislature and which are administered by
the DCA, establish minimum statewide qualifications and
levels of competency for licensure and enforce occupational
standards of practice.
Counties or cities may not prohibit a person authorized by
an agency of the DCA to engage in a particular business,
from engaging in that business, occupation, or profession,
or any portion thereof (AB 2310 (Shoemaker], of 1967).
A 2007 appellate curt decision in California Veterinary
Medical Association (CVMA) v. City of West Hollywood found
that state law does not preempt or otherwise prohibit a
City of West Hollywood ordinance which, to prevent animal
cruelty, imposed a ban on the performance of declawing
procedures on any animal within the city. The court found
that the language enacted by the 1967 Shoemaker bill only
prohibits a local agency fro imposing additional licensing
requirements or qualifications on a state licensed
profession. The court also found that, in the California
Veterinary Medical Practice Act, the Legislature has
neither explicitly nor implicitly preempted local
regulations by occupying the field of regulating the
practice of veterinary medicine. As a result, the court
decided that West Hollywood's declawing ordinance was
permissible as an incidental restriction on the manner in
which veterinary medicine is practiced.
This bill restricts a city or county from prohibiting a
person, or group of persons, authorized by one of the
agencies in the Department of Consumer Affairs by a
license, certificate, or other such means to engage in a
particular business, from engaging in any act or series of
acts that falls within the statutory of regulatory
definition of that business, occupation, or profession.
This bill does not prohibit the enforcement of a local
ordinance effective prior to January 1, 2009.
9
Comments
AB 2427
Page
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AB 2427 Assembly Bill - Bill Analysis
Last year's California Veterinary Medical Association
(CVMA) v. West Hollywood decision disrupted a balance
between local regulatory power and the state power to
license businesses and professions that had been maintained
for nearly 40 years. Veterinarians and other
state - licensed professionals think that the court's
decision could allow cities and counties to ban a variety
of medical practices, including elective cosmetic surgery,
the use of mercury in dental fillings, and some fertility
procedures. That result undermines the fundamental purpose
of statewide licensing by substituting the judgment of
local elected officials for that of state regulators.
DCA's appointed regulatory bodies possess the necessary
expertise to regulate the uniform statewide conduct of the
professions. Granting such wide latitude to cities and
counties could result in a patchwork of conflicting local
standards for hundreds of different professions, confusing
both licensees and consumers. This bill restores the
equilibrium between the state's power to establish and
enforce uniform occupational standards and local
governments' power to enforce regulations protecting the
public health, safety, morals, and general welfare.
Related legislation
AB 395 (Koretz), 2003, would have prohibited licensed
veterinarians from performing or arranging surgical
declawing, onychectomies and tendonectomies on any domestic
or exotic cat. This bill was held in the Assembly Business
and Professions Committee.
AB 1857 (Koretz) Chapter 876, Statutes of 2004, makes it a
misdemeanor punishable by imprisonment in a county jail for
a period not to exceed one year, by a fine of $10,000, or
by both, to declaw any cat that is a member of an exotic or
native wild cat species, as defined.
SB 1548 (Figueroa) Chapter 467, Statutes of 2004, initially
included language which would have made it a misdemeanor
for any person to crop ears of any dog, or to procure the
cropping of a dog's ears within the state of California,
AB 2427
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4
except for the treatment of disease or injury of the dog,
as defined. Defined ear cropping as the surgical
alteration of the pinna that is performed for the purpose
of manipulating the ears of any dog for cosmetic procedures
so the ears heal pointed. This language was removed from
the bill in Assembly Appropriations because of major
opposition from breeders. However, the CVMA was in
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AB 2427 Assembly Bill - Bill Analysis
support of this language.
FISCAL EFFECT Appropriation: No Fiscal Com.: No
Local: No
SUPPORT (7/8/08)
California Veterinary Medicine Association (source)
American Federation of State, County, and Municipal
Employees
American Nurses Association /California
American Society of Landscape Architects
California Association of Marriage and Family Therapists
California Dental Association
California Hospital Association
California Land Surveyors Association
California Optometric Association
Veterinary Medical Board
OPPOSITION (7/8/08)
Action for Animals
Animal Legal Defense Fund
Animal Protection Institute
Animal Switchboard
Association of Veterinarians for Animal Rights
Born Free USA united with Animal Protection Institute
California Animal Association
California Contract Cities Association
California Federation for Animal Legislation
California Municipal Revenue & Tax Association
California State Association of Counties
City of Santa Monica
City of West Hollywood
Give A Dog A Home
League of California Cities
Mayor Antonio R. Villaraigosa, City of Los Angeles
AB 2427
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5
People for the Ethical Treatment of Animals
San Diego Animal Advocates
State Humane Association of California
The City of West Hollywood
The Human Society Veterinary Medical Association
The Humane Society of the United States
The League of Humane Voters
The Paw Project
United Animal Nations
ASSEMBLY FLOOR .
AYES: Adams, Aghazarian, Anderson, Bass, Beall, Benoit,
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AB 2427 Assembly Bill - Bill Analysis
Page 5 of 5
Berg, Blakeslee, Caballero, Charles Calderon, Carter,
Cook, Coto, De La Torre, De Leon, DeSaulnier, DeVore,
Duvall, Emmerson, Eng, Evans, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garcia, Garrick, Hayashi, Hernandez,
Horton, Houston, Huff, Huffman, Jeffries, Jones,
Karnette, Keene, La Malfa, Lieber, Lieu, Ma, Maze,
Mendoza, Mullin, Nakanishi, Niello, Parra, Plescia,
Portantino, Price, Sharon Runner, Salas, Silva, Smyth,
Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,
Villines, Walters, Wolk, Nunez
NOES: Feuer, Hancock, Laird, Leno, Levine, Nava, Ruskin
NO VOTE RECORDED: Arambula, Berryhill, Brownley, Davis,
Dymally, Krekorian, Saldana, Soto
AGB:do 7/8/08 Senate Floor Analyses
SUPPORT /OPPOSITION: SEE ABOVE
* * ** END * * **
http: /hN-,vw.leginfo.ca.gov /pub /07 -08 /bill /asm /ab_ 2401 - 2450 /ab_2427_cfa_20080708_1418... 8/8/2008 C6 1
A RESOLUTION OF THE CITY OF EL SEGUNDO
OPPOSING AB 2427 (ENG) A BILL LIMITING LOCAL GOVERNMENTS'
POWER TO ENFORCE REGULATIONS PROTECTING THE PUBLIC HEALTH,
SAFETY AND WELFARE
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. While counties and cities may not prohibit a professional licensed
by the California Department of Consumer services from engaging
in that business, occupation or profession; nevertheless, state law
does not and should not explicitly preempt local regulations;
B. Local government agencies have and should retain the authority
and obligation to enact and enforce regulations that protect the
health, safety and welfare of the public;
C. Special- interest sponsored legislative efforts - like AB2427 - which
unreasonably restrict or intrude upon local governments' power to
enforce regulations protecting the public health, safety and welfare
should be opposed;
SECTION 2: The City of El Segundo opposes AB 2427 as it unreasonably limits
and restricts local governments' power to enforce regulations protecting the
public health, safety, and welfare.
SECTION 3: The Mayor, City Council Members and the City Manager are
hereby authorized to communicate the City Council's policy position on this
matter to members of the Legislature, the Governor and administrative agencies
as necessary.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution;
record this Resolution in the book of the City's original resolutions; and make a
minute of the adoption of the Resolution in the City Council's records and the
minutes of this meeting.
SECTION 5: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
C
PASSED AND ADOPTED this 5th day of August 2008.
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
m-
Karl H. Berger
Assistant City Attorney
Kelly McDowell,
Mayor
b ,3