2010 JUN 01 - 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, JUNE 1, 2010 — 5:30 P.M.
Next Resolution # 4654
Next Ordinance # 1443
5:30 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.
01
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
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
1. City of El Segundo vs. City of Los Angeles, et. al LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
1. Represented Group: Police Support Services Employees Association (PSSEA),
City Employees Association (CEA), Firefighters Association (FFA), Police
Managers Association (PMA), Police Officers Association (POA), Supervisory
and Professional Employees (S &P)
Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -2-
matters
1. City Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Party: Out of Site, LLC
Under Negotiation: Price and Terms (potential lease or sale)
2. City Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Party: Wiseburn School District
Under Negotiation: Price and Terms (potential lease or sale)
02
2
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, JUNE 1, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
Next Resolution # 4645
Next Ordinance # 1443
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
3
03
PRESENTATIONS
a. Beauty and the Beach Cleanup Day
b. Presentation to El Segundo Boys Volleyball Team for CIF Championship
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)
1. Consideration and possible action to adopt a Resolution expressing the
City Council's intent to voluntarily reduce individual Councilmember's
salary by 20 %. (Fiscal Impact: approximately $10,800 per year)
Recommendation — (1) Adopt draft Resolution; (2) Alternatively, discuss and take
other action related to this item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action to announce the candidates of the
Recreation and Parks Commission and Planning Commission.
Recommendation — (1) Announce the
Commission and Planning Commission,
other action related to this item.
4
appointees to the Recreation and Parks
if any; (2) Alternatively, discuss and take
04
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
3. Warrant Numbers 2577327 to 2577514 on Register No. 16 in the total
amount of $1,204,160.83 and Wire Transfers from 5/07/10 through 5/20/10 in
the total amount of $650,803.67.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and /or adjustments;
and wire transfers.
4. Regular City Council Meeting Minutes of May 18, 2010 and Special Meeting
Minutes of Mav 6. 2010.
Recommendation — Approval.
5. Consideration and possible action regarding approval of a contract with
AKM Consulting Engineers to provide inspection and resident engineering
services for the replacement of sanitary sewer mains at various locations
within the Smoky Hollow Specific Plan area of the City of El Segundo.
(Fiscal Impact: $150,000)
Recommendation — (1) Authorize the City Manager to execute a professional
service agreement in a form as approved by the City Attorney with AKM
Consulting Engineers in the amount not to exceed $150,000; (2) Alternatively,
discuss and take other action related to this item.
6. Consideration and possible action regarding authorizing the recording of
the Notice of Completion and authorizing the City Manager to accept
completion of work for 21 homes related to the City's Residential Sound
Insulation Program's Group 37 (Project No. RSI 09 -14). (Final Contract
Amount: $581,587.21)
Recommendation — (1) Authorize the City Clerk to file the City's Planning and
Building Safety Director's Notice of Completion in the County Recorder's Office;
(2) Authorize the City Manager, or designee, to close out Project No. RSI 09 -14;
(3) Alternatively, discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
5
F. NEW BUSINESS
7. Consideration and possible action to introduce and waive first reading of
an Ordinance amending the El Segundo Municipal Code's regulation of
massage establishments with the City of El Segundo. (Fiscal Impact: None)
Recommendation — (1) Introduce and waive first reading of draft Ordinance; (2)
Schedule second reading and adoption of the Ordinance for June 15, 2010; (3)
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 Fuentes —
Council Member Brann —
Council Member Jacobson —
Mayor Pro Tern Fisher —
Mayor Busch —
G
4 ��
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 sue.) 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
POSTED: // r�
DATE: ?'?c7, a4r 9010
TIME: 0�!vv P. W.
NAME:
7
07
rortamatt"On Vo of 0 Oeffunbo,, Cdifornia
WHEREAS, For economic, aesthetic and environmental reasons, the quality of Santa
Monica Bay beaches is of paramount concern to all citizens of El Segundo;
and
WHEREAS, On Saturday, June 5, 2010, from 9:30 a.m. to 12:00 p.m., the El Segundo
Power, LLC and El Segundo Kiwanis Club will sponsor the 10`h Annual
Beauty & The Beach community event for people to gather and celebrate
their commitment to preserving our beaches by undoing some of the damage
caused to this precious natural resource; and
WHEREAS, Employees of El Segundo Power, LLC and members of the El Segundo
Kiwanis Club along with other volunteers, will clean the stretch of beach from
all debris between Grand Avenue to Vista del Mar Beach Entrance.
NOW, THEREFORE, on this I" day of June, 2010, the Mayor and Members of the City
Council of the City of El Segundo, California, hereby proclaim June 5, 2010 Beauty & The
Beach Day in El Segundo and invite the community to join the El Segundo Power, LLC and
members of The El Segundo Kiwanis Club in cleaning our El Segundo Beach.
M
EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2010
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution expressing the City Council's
intent to voluntarily reduce individual Councilmember's salary by 20 %.
(Fiscal Impact: approximately $10,800 per year)
RECOMMENDED COUNCIL ACTION:
1. Adopt draft Resolution.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: Approximately $10,800 per year
Amount Requested: $0
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Councilmember Carl Jacobson
REVIEWED BY: Jack Wayt, City Manager
APPROVED BY: Jack Wayt, City Manage
As is well documented, the City is facing a significant budget deficit. The international financial
crisis affects all aspects of our state and local economies. Consequently, the City is considering
various methods to reduce the budget deficit.
Among other things, the City Council is asking City employees to reduce pay or benefits to help
lessen the City's financial burden. It seems only fair that the City Council itself take a pay cut to
contribute to the overall effort.
I had hoped that the City Council could immediately implement a 20% reduction in
compensation. However, the City Attorney informed me that Government Code § 36516
requires that the City Council utilize the same procedures for decreasing compensation as when
increasing compensation. This means that the City Council would need to adopt an ordinance
amending El Segundo Municipal Code § 1 -4 -3 (which sets the City Council's compensation at
$900 per month) to reduce its compensation. And, that reduction would not occur until after the
next municipal election (Government Code § 36516.5).
I do not think that we can wait that long. Accordingly, I propose that we agree to voluntarily
reduce our monthly compensation to $720 (a 20% decrease). To memorialize that effort, I urge
you to join me in adopting the draft resolution.
1
RESOLUTION NO.
A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT TO
VOLUNTARILY REDUCE INDIVIDUAL COUNCILMEMBER
COMPENSATION BY 20 %.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Individual Councilmembers receive $900 per month as compensation for serving
on the City Council pursuant to El Segundo Municipal Code ( "ESMC ") § 1 -4 -3;
and
B. Because of the significant international, national, state and local economic crisis,
the City is forced to adopt various budget austerity measures to help mitigate any
reduction in public services or benefits; and
C. Among other things, the City Council asked that City employees accept various
measures that may reduce pay or benefits in order to ensure a balanced City
budget; and
D. To demonstrate the City Council's support for the employees, the City Council
believes it is in the public interest for individual Councilmembers to voluntarily
reduce their compensation by 20 %; and
E. Councilmembers who choose to such a voluntarily reduction would be paid $720
per month in compensation.
SECTION 2: Councilmembers choosing to voluntarily reduce their pay should provide written
confirmation of that decision to the City Manager.
SECTION 3: This Resolution will become effective immediately upon adoption and will
remain effective unless superseded or repealed.
PASSED AND ADOPTED this day of , 2010.
Eric Busch, Mayor
A,0
APPROVED AS TO FORM:
Karl H. Berger,
City Attorney
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, , 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 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 2010, and the same was so passed and adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2010
AGENDA STATEMENT AGENDA HEADING: Committees, Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action to announce the candidates of the Recreation and Parks
Commission and Planning Commission.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Announce the appointees to the Recreation and Parks Commission and Planning
Commission, if any;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ None
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mishia Jennings, Executive Assistant
REVIEWED BY:
APPROVED BY: Jack Wa y Manager
BACKGROUND AND DISCUSSION:
Committee /Commission and Board
Recreation and Parks Commission
# of Opening Appointee(s)
1
Planning Commission (one partial one full term) 2
Term Expires)
05/30/2014
06/30/2012 (partial term)
06/30/2014 (full term)
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13
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
5/07/10 THROUGH 5/20/10
Date
4/27/2010
4/29/2010
4/30/2010
4/30/2010
4/30/2010
5/13/2010
5/13/2010
5/13/2010
5/13/2010
5/14/2010
5/14/2010
5/14/2010
5/14/2010
5/14/2010
5/14/2010
5/19/2010
5/19/2010
4/22 - 5/20/10
Payee Amount
Health Comp
Health Comp
Federal Reserve Bank
Federal Reserve Bank
Unum
Health Comp
Employment Development
Employment Development
IRS
UB
Manufacturers & Traders
Nationwide EFT
Nationwide EFT
State of CA EFT
Federal Reserve Bank
Cal Pers
Lane Donovan Golf Ptr
Workers Comp Activity
DATE OF RATIFICATION: 6/01/10
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
. e� _
Dep easurer Date
01/10
Direct f Finance Date
City Manager Date
2,695.37
1,498.07
50.00
250.00
460.20
715.42
4,803.25
64, 820.07
266,912.51
4,421.97
51,616.68
1,720.31
93,136.22
1,276.15
200.00
93,226.95
20,191.01
42, 809.49
650, 803.67
:5h./ /O
Description
Weekly claims
Weekly claims
Employee Savings Bonds
Employee Savings Bonds
LTD
Weekly claims
State Taxes
State Taxes
Federal Taxes
PARS payment
457 payment Vantagepoint
EFT 457 payment
EFT 457 payment
Child support payment
Employee Savings Bonds
Retirement
Payroll Transfer
SCRMA checks issued
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\2010 \wire 2010 2nd Qtr \Wire Transfers 5- 20.xls
650,803.67
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 18, 2010 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present — arrived at 5:10 p.m.
Council Member Brann
- Present
Council Member Fuentes
- 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:
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to the items listed on the agenda.
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:
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 Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 1
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
Represented Group: Police Support Services Employees Association (PSSEA), City
Employees Association (CEA), Firefighters Association (FFA), Police Managers
Association (PMA), Police Officers Association (POA), Supervisory and Professional
Employees (S &P)
Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 2
16
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 18, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Bishop Craig Layne, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
a. Mayor Pro Tern Fisher presented a Proclamation proclaiming the month of June
"Relay For Life" month.
b. Mayor Busch presented a Proclamation announcing May 16 though 22 as National
Public Works Week.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- 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. - NONE
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to read
all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 3
I "
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
Consideration and possible action regarding setting a date and time for
interviewing candidates for Recreation and Parks Commission, Planning
Commission, Library Board of Trustees, Senior Citizen Housing Corporation
Board, Community Cable Advisory Committee, and Environmental Committee.
Council consensus to set the date for interviews of the candidates for 4:30 p.m.,
Tuesday, June 1, 2010, and announce appointees at the City Council's 7:00 p.m. June
1, 2010 meeting.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
2. Approved Warrant Numbers 2577130 to 2577326 on Register No. 15 in the total
amount of $803,524.44 and Wire Transfers from 4/23/10 through 5/06/10 in the
total amount of $2,383,501.47. Authorized staff to release. Ratifed: Payroll and
Employee Benefit checks; checks released early due to contracts or agreement;
emergency disbursements and /or adjustments; and wire transfers.
3. Approved Regular City Council Meeting Minutes of May 4, 2010.
4. Approved the additional thirty (30) day provisional appointment extension for the
position of Interim Recreation Superintendent. (Fiscal Impact: Savings of
$106,574 in Fiscal Year 2009 -2010)
5. Adopted Resolution No. 4651 which authorizes the City Manager, or designee to
apply for, receive and appropriate funds from the State of California for Capital
Improvement Projects to be funded with Proposition 1 B funding. (Fiscal Impact:
$131,692.42 grant fund revenue)
6. Approved a fee waiver request from the Center Street School PTA to hang a
banner over Main Street from May 24 to June 7, 2010 for its Ice Cream Social.
(Fiscal Impact: $178.00)
7. Authorized the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion in the County Recorder's Office and authorized the City
Manager, or designee, to accept completion of work for 33 homes related to the
City's Residential Sound Insulation Program's Group 36 (Project No. RSI 09 -11).
(Final Contract Amount: $742,980)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 4
A
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 2, 3, 4, 5, 6, and 7. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
8. Consideration and possible action regarding the presentation of fiscal year 2009-
2010 Midyear Financial Review and approval of fiscal year 2010 -2011 Budget
Calendar. (Fiscal Impact: None)
Deborah Cullen, Finance Director, gave a report.
Council consensus to receive and file FY 2009 -2010 Midyear Financial staff report and
direct staff to proceed with Fiscal Year 2010 -2011 Budget Calendar.
9. Consideration and possible action regarding the Funding Agreement extending
financial assistance to the El Segundo Unified School District (ESUSD) for the
purpose of school facilities and programs. (Fiscal Impact: $250,000 annual
contribution)
Council Member Brann, gave a report.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to maintain
the agreement for 2010 year as $250,000 in money and $617,495 in in -kind services.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
10. Consideration and possible action regarding 1) Introduction of an Ordinance and
Adoption of a Resolution of Intention to approve an Amendment to the contract
between the Board of Administration of the California Public Employees'
Retirement System (CaIPERS) and the El Segundo City Council providing
Section 20903 (Two Years Additional Service Credit) for the City's Local Safety
Members, with the exception of Department Heads and local Police members; 2)
Adoption of a Resolution providing a designated Retirement Period for Section
20903, Two Years Additional Service Credit; 3) Certification of Compliance with
Government Code Section 20903; and 4) Approval of a $1,000 payment to
eligible employees entering into a Date - Certain Retirement Separation
Agreement with the City. (Fiscal Impact: 1) Estimated increase in the City's
PERS safety employer rate of 0.31% and an annual cost increase in FY 2012-
2013 of $52,000; 2) Salary savings based on the number of employees retiring
during the designated retirement period, less the $1,000 payment for entering
into a Date - Certain Retirement Separation Agreement.).
Martha Dijkstra, Human Resources Manager, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 5
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt Resolution
No. 4652, a resolution of Intention to approve an Amendment to the contract between
the Board of Administration, California Public Employees' Retirement System and the
City Council, City of El Segundo, Resolution No. 4653, providing a designated
retirement period for Section 20903, Two Years Additional Service Credit, certify
compliance with Government Code Section 20903, approve a $1,000 payment to
eligible employees entering into a Date - Certain Retirement Separation Agreement with
the City, and authorize the City Manager to execute the Retirement Separation
Agreement, in a form approved by the City Attorney. MOTION PASSED BY THE
FOLLOWING VOICE VOTE. AYES; BUSCH, FISHER, JACOBSON, FUENTES.
NOES: BRANN. 4/1
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1442
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
Mayor Busch introduced the ordinance.
REPORTS — CITY MANAGER
REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
REPORTS — CITY TREASURER
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Spoke on Elderfest.
Council Member Brann — Spoke on Elderfest and Public Works Week.
Council Member Jacobson — Spoke on Elderfest and Super CPR Saturday.
Mayor Pro Tern Fisher — NONE
Mayor Busch — Spoke on compost and water wise gardening workshop. Noted that the
Education Foundation car show is June 5, 2010 at the automobile museum.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 6
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. - NONE
MEMORIALS — Ryan Christopher Broderick, resident.
CLOSED SESSION — NONE
ADJOURNMENT at 8:29 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE NO. 7
21
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
THURSDAY, May 6, 2010
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
7:30 a.m.
7:30 A.M. SESSION
CALL TO ORDER — Mayor Busch at 7:35 a.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Pursuant to Government Code § 54954.3(a), the only public comment that will be
permitted during this Special Meeting is that pertaining to the agenda item listed below. 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.
SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding a strategic planning workshop resulting in City
Council guidance to staff for preparing the Fiscal Year 2010 -2011 Preliminary Budget. Staff
will present a brief overview of policy issues, challenges /limitations, goals and strategies
associated with preparation and planning of the fiscal year budget including, without
limitation, the following matters:
Jack Wayt, City Manager, gave an introduction.
Deborah Cullen, Finance Director, gave a presentation.
o Policy issues including:
LA County Fire Survey
School District Funding
Reserve Policy
Going Green
Staff to prepare a list of in -kind services provided to the School District and agendize an item for
the May 18, 2010 Council Meeting to review School District funding.
Staff to look at all City buildings to determine if it would be cost effective to install solar panels and
identify other potential cost effective "Green" projects.
Staff to provide a report to Council on status of the City Fleet and Equipment Replacement Fund
including cost saving opportunities.
o Policy issues including:
Parking Structure
Infrastructure Bank Loan
LAX Consultants
Council recessed at 8:50 a.m.
Council reconvened at 9:00 a.m. with all members present.
o Capital projects including:
Aquatics Center
Beach Restroom
o Potential revenue generators
Police- Library- Fire- Recreation and Parks (PLF) Developer Fee Study
Trash Collection Fees
Power Plant Upgrade
Vacant Property (Fire Station #2)
Transient Occupancy Tax Increase and Utility User Tax Residential (Planning for 2011 -2012
potential revenue increase FY 20212 -2013)
Measure M and N Update
Parking Meters
o Potential Budget Reduction Options
Cost of 1 % salaries and benefits Citywide - $465,000
Pension Costs
PERS Increases
Employees Portion of PERS costs
Healthcare Costs
Current and Retiree Medical Benefit
o Furloughs
1 day per month Citywide $1.7 million
o Layoffs
2 �'
o Golden Handshake Safety and Miscellaneous
Staff to return with an analysis of employee benefit costs. Staff to present how departments would
be staffed if the City keeps their own Fire Department versus going County Fire.
o Additional Savings /Options /One -Time Money
Salaries and Benefits
Equipment Savings and Balance in Equipment Replacement
Equipment Replacement Funding
Capital Project Funding
o Reserves
o Next Steps
Midyear Presentation — May 18
Schedule next Strategic Planning Session
Start the FY 2010 -2011 Preliminary Budget
ADJOURNMENT at 10:40 a.m.
Cathy Domann, Deputy Clerk
EL SEGUNDO CITY COUNCIL
MEETING DATE: June 1, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a contract with AKM Consulting
Engineers to provide inspection and resident engineering services for the replacement of
sanitary sewer mains at various locations within the Smoky Hollow Specific Plan area of
the City of El Segundo.
(Fiscal Impact: $150,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a professional service agreement in a
form as approved by the City Attorney with AKM Consulting Engineers in the
amount not to exceed $150,000.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposal from AKM Consulting Engineers
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $150,000
Additional Appropriation: No
Account Number(s): 301 - 400 - 8204 -8317
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: StephaTiq Katsouleas, Public Works Directory
APPROVED BY: Jack ity Manager
BACKGROUND AND DISCUSSION:
On April 20, 2010, the City Council approved a contract with Mathew and Stewart Company,
Inc., for the replacement of sanitary sewer mains at various locations within the Smoky Hollow
Specific Plan. Staff received two proposals in response to the request for inspection services for
this project. After initial review of the proposals, staff reviewed the background and
qualifications of the inspectors. Staff determined that AKM best meets the needs of the City for
this project. Mr. Steve Patterson of AKM Consulting Engineers has considerable experience
managing similar projects with references that are consistently positive.
The services provided by Mr. Patterson are but not limited to:
• Coordinate between the contractor, sub - contractor, and the City to ensure that
�5
5
construction activities are performed on schedule and in accordance with the plans and
specifications.
• Monitor and report on contractor's daily progress, processes submittals and request for
information (BFI's).
• Prepare and distribute daily reports on construction activities and progress
• Conduct weekly construction meetings with the contractor, sub - contractors and the City
staff.
Staff recommends awarding a contract to AKM Consulting Engineers to retain Mr. Steve
Patterson's services to provide construction inspection and resident engineering for the
construction phase of the sanitary sewer rehabilitation project.
Funding is available from the Environmental Protection Agency (EPA) grant which requires a
cost sharing match of 55% EPA to 45% City. The City Match is available from the El Segundo
Sewer Enterprise Fund.
May 4, 2010
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Ms. Maryam Jonas
Principal Civil Engineer
Subject: Proposal for Inspection and Resident Engineering Services for the El Segundo
Sanitary Sewer Rehabilitation Project
Dear Ms. Jonas:
AKM Consulting Engineers is pleased to submit this proposal to provide inspection and resident
engineering services for the City's Sanitary Sewer Rehabilitation Project in response to your request. The
scope of services to be provided consists of the following tasks:
• Review design plans and specifications prior to project start -up
• Participate in the pre- construction meeting, and provide coordination /communication during pre -
construction activities
• Coordinate the shop- drawing review and approval process, maintain a shop drawing review log
• Ensure conformance with plans, specifications, and permits
• Provide coordination /communications as needed throughout the duration of construction activities
• Coordinate the request for information process
• Coordinate project addenda and contract change order
• Prepare and submit daily inspection reports to document daily work activities and other pertinent
events. The inspection reports will include daily photographs of all work activities
• Attend regular weekly and monthly construction meetings (and other meetings as needed throughout
the duration of the project). Submit meeting minutes to City for review and approval
• Submit weekly reports including the daily inspection reports, and photographs. All photographs shall
be digital with date stamp
• Establish punch -list during construction, and update the punch -lists as construction progresses
M /Props /2010/10- 1043 -05 -04 OL 4
Water
Resources
t w
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AV
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Transportation
AKM Consulting Engineers
Infrastructure
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333
Construction
Facsimile: 949.753.7320
Management
May 4, 2010
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Ms. Maryam Jonas
Principal Civil Engineer
Subject: Proposal for Inspection and Resident Engineering Services for the El Segundo
Sanitary Sewer Rehabilitation Project
Dear Ms. Jonas:
AKM Consulting Engineers is pleased to submit this proposal to provide inspection and resident
engineering services for the City's Sanitary Sewer Rehabilitation Project in response to your request. The
scope of services to be provided consists of the following tasks:
• Review design plans and specifications prior to project start -up
• Participate in the pre- construction meeting, and provide coordination /communication during pre -
construction activities
• Coordinate the shop- drawing review and approval process, maintain a shop drawing review log
• Ensure conformance with plans, specifications, and permits
• Provide coordination /communications as needed throughout the duration of construction activities
• Coordinate the request for information process
• Coordinate project addenda and contract change order
• Prepare and submit daily inspection reports to document daily work activities and other pertinent
events. The inspection reports will include daily photographs of all work activities
• Attend regular weekly and monthly construction meetings (and other meetings as needed throughout
the duration of the project). Submit meeting minutes to City for review and approval
• Submit weekly reports including the daily inspection reports, and photographs. All photographs shall
be digital with date stamp
• Establish punch -list during construction, and update the punch -lists as construction progresses
M /Props /2010/10- 1043 -05 -04 OL 4
Ms. Maryam Jonas
City of El Segundo
May 4, 2010
Page 2
• Review Contractor's schedule, delays, and any other construction phase activity to proactively
address any potential delays
• Review the contractor's red -lined as -built prints weekly.
• Review monthly progress payments and supporting documentation required by the contract
documents, including certified payroll records. Verify pay quantities.
• Provide coordination /communications as needed throughout the duration of the post- construction
activities.
• Participate in final walk -thru and follow -up on punch -list items.
• Conduct final review of redlines
■ Review contractor's final pay request
■ Provide coordination /communications for project close -out activities to ensure a successful project,
and project acceptance by the City
We propose Mr. Steve Patterson as the inspector /resident engineer for the project. Mr. Patterson has
extensive experience in inspecting and constructing water and wastewater pipelines and pump stations.
He will be supported by AKM's engineering and administrative staffs in addressing special issues and
preparing the weekly reports.
We propose to provide these services on a time and materials bases at the following rates:
inspector /Resident Engineer $95.00 per hour
Engineering Support $165.00 per hour
Administrative $66.00 per hour
We appreciate the opportunity submit this proposal and look forward to being of service to the City of El
Segundo. Should you have any questions, or require additional information, please do not hesitate in
contacting the undersigned.
Very truly yours
AKM Consulting Engineers
Zeki Kayiran, P.E.
Principal
M /Props /2010/10- 1043 -05 -04 28
EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding authorizing the recording of the Notice of
Completion and authorizing the City Manager to accept completion of work for 21 homes related
to the City's Residential Sound Insulation Program's Group 37 (Project No. RSI 09 -14).
(Final Contract Amount: $581,587.21)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Clerk to file the City's Planning and Building Safety Director's Notice of
Completion in the County Recorder's Office;
2. Authorize the City Manager, or designee, to close out Project No. RSI 09 -14; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
List of homes included in Groups 37
Planning and Building Safety Director's Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amounts Budgeted: $685,852
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manager
REVIEWED BY: Greg Carpenter, Director Pla i and Building Safet
APPROVED BY: Jack Wayt, City Manager.
BACKGROUND AND DISCUSSION:
This project is part of the City's Residential Sound Insulation (RSI) Program financed by federal
grants from the Federal Aviation Administration (FAA) and the settlement agreement with Los
Angeles World Airports (LAWA).
The RSI Program offers modifications to owners of qualifying residential property in the City of
El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring
Los Angeles International Airport (LAX).
At its meeting on August 18, 2009 the City Council awarded a construction contract to Big West
Professional Building Contractors, Inc. (PBC) for construction for 22 homes, commonly referred
to as Group 37 of the RSI Program.
The work has now been completed at 21 of the 22 homes, with one home eliminated from the
project after it was determined to be ineligible for the RSI Program. 6
The final contract amount is $581,587.21.
Exhibit A
Residential Sound Insulation Program
Group 37
RSI
Number
Project
Address
37.01
953 Cedar St, Unit 1
37.02
953 Cedar St, Unit 2
37.03
953 Cedar St, Unit 3
37.04
953 Cedar St, Unit 4
825 Eucalyptus Dr.
205 E. Walnut Ave.
421 W. Palm Ave.
F7O
770 W. Sycamore Ave.
202 E. Walnut Ave.
417 E. Sycamore Ave.
1107 E. Walnu t Ave.
205 W. Maple Ave.
37.13
729 W. Oak Ave.
37.14
516 W. Sycamore Ave.
37.15
929 McCarthy Ct. (REMOVED)
37.16
226 W. Sycamore Ave.
37.17
607 W. Maple Ave.
37.18
770 W. Imperial Ave, Unit 60
37.19
821 Sheldon St.
37.20
NOT INCLUDED
.21
845 Maryland S t.
F3737.22
636 Hillcrest St.
.23
1009 E. Acacia Ave.
.
4J
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Residential Sound Insulation Program — Group 37
Project No.: RSI 09 -14
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of interest stated below in the property hereinafter described.
2. The project owner's name is: City of El Segundo
3. The full addresses of the project are: attached as Exhibit A and incorporated by reference
4. The nature of the interest of the owner is:
5. A work of improvement on the property hereinafter described was field reviewed by City representatives
on: see attached Exhibit A
6. The work done was: Residential Sound Insulation Program Improvements
7. On June 1, 2010, 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.
8. The name of the Contractor for such work of improvement was: Big West Construction Corporation
9. 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: Private Residence(s) listed in Exhibit A
10. The street address of said properties are: set forth in Exhibit A
Dated:
Greg Carpenter
Planning and Building Safety Director
VERIFICATION
I, the undersigned, say: I am the Director of Planning and Building Safety 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 at El Segundo, California.
Greg Carpenter
Planning and Building Safety Director
Notice of Completion
EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2010
AGENDA 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's regulation of massage establishments within the City of El
Segundo. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Introduce and waive first reading of draft Ordinance;
2. Schedule second reading and adoption of the Ordinance for June 15, 2010;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
(1) Draft Ordinance amending Title 4, section 10.
FISCAL IMPACT: None
Amount Budgeted: $None
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Steve Jones, Business Services Manager
REVIEWED BY: Mark H nsley, City Attorney
APPROVED BY: Jack .ty Manager
BACKGROUND AND DISCUSSION:
Senate Bill 731 became effective on September 1, 2009. Prior to SB 731, the regulation of
massage establishments has been at the local level. This new law sets up a statewide system of
certification for massage therapists that exempts state- certified therapists from having to obtain a
massage permit from the local government. The law is in response to the criticism of legitimate
massage therapists that it is a burden to obtain a multitude of permits if they practice in more
than one city or move within the state.
SB 731 created a massage therapy organization called the California Massage Therapy Council
(CMTC), a nonprofit organization that provides for the statewide certification of massage
therapists and massage practitioners. To become state certified, applicants must be eighteen
years of age or older, meet specific educational criteria, provide the CMTC with current required
information, provide fingerprints for submission to the Department of Justice for a criminal
background check, and to pay fees required by the CMTC.
rU
2
The Bill also prohibits cities from enacting or enforcing certain ordinances regulating the
practice of massage by a certificate holder. Key provisions of SB 731 are summarized below:
1. Any person certified by the CMTC has the right to practice massage, consistent with state
law and the qualifications established by his or her certification in any city or county in
the state and is not required to obtain any other license, permit, or other authorization.
However, the bill does not prevent a city from adopting or enforcing any local ordinance
governing zoning, business licensing, and reasonable health and safety requirements for
massage establishments or businesses.
2. A CMTC certified sole proprietorship, and massage establishments or businesses that
employ or use only persons certified by the CMTC, enjoy more freedom from local
regulation. Although a local agency have the right to adopt land use and zoning
requirements applicable to massage establishments or businesses, any land use and
zoning requirements must be no different than the requirements that are uniformly
applied to other professional or personal services businesses.
3. Qualifying massage establishments or businesses cannot be required to provide additional
restroom, shower, or other facilities that are not uniformly applicable to other
professional or personal service businesses.
Cities that regulate massage establishments must update their massage establishment
ordinance to reflect SB 731. Otherwise, much of a city's ordinance is likely preempted and
unenforceable against these establishments, and aspects of the businesses that could be
regulated are foregone.
The City must make sure to treat qualifying massage establishments in accordance with the
new state law. There will be two separate systems with separate rules governing qualifying
and nonqualifying businesses. The City should have an updated ordinance to keep it straight.
33
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 REGULATING MASSAGE JESTABLISHMENTS__ _ -- Deleted: PARLORS
WITHIN THE CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 4 -10 -2 is amended to add
the following definitions:
"MASSAGE THERAPY ORGANIZATION (MTO): The organization
created pursuant to Business and Professions Code, Division 2,
Chapter 10.5.
CERTIFIED MASSAGE PRACTITIONER: An individual certified by
the Massage Therapy Organization pursuant to Business and
Professions Code § 4601(b) and who administers massage for
compensation.
CERTIFIED MASSAGE THERAPIST: An individual who by the
Massage Therapy Organization pursuant to Business and
Professions Code § 4601(c) and who administers massage for
compensation."
SECTION 2: All references in ESMC Chapter 4 -10 to "massage parlors" are
-- ---- --
For=4+ ading 4,h4, Outline
numel: 4 + Numbering
amended to read "massage establishments."
Style. + Start at: 1 +
Align+ Aligned at: 0" +
SECTION 3: ESMC § 4 -10 -3 is amended to read as follows:
Tab Indent at: 0 ",
widcontrol
"4 -10 -3: MASSAGE ESTABLISHMENTS; - -- PERMIT,
--- - - --- - - - - -- --- - - - - --
Formatted: Bullets and Numbering
Deleted: PARLORS
INVESTIGATION, FEES:
Every person conducting, managing, operating, owning or in control
of a massage establishment or any other place -that -is- open to -the ............
... -- Deleted: parlor
public or is a private club, where facial massages, fomentations,
massages, electric or magnetic treatments, alcohol rubs, Russian,
Swedish or Turkish baths are administered or given, or any public
_
bathing which has in connection therewith a steam room, dry
Deleted: shall
place,
or hot room plunge, swimming pool, shower bath, or sleeping
Deleted: therefor, pursuant to the
accommodations, ,must obtain a permit in accordance with $his
provisions of
chapter, and for each of such places ,pay, upon applying for a
Deleted: shall
permit, an )nvestigation fee of five hundred dollars ($500.00). Each
Deleted: upon
such place must subsequently pay an annual inspection fee of one
Deleted: application a one time
hundred twenty dollars ($120.00) for the cost of submitting to an
investigation
annual inspection under the Los Angeles County massage
Deleted: Thereafter, e
Deleted: shall be assessed
34
establishment inspection_ program. In _addition, each such massage
establishment_ must_pay_ a business license tax in accordance .with
this code. A MassageJ= _stablishment Permit is not required for_(1) a
massage establishment that is a sole proprietorship where the sole
proprietor is certified by the MTO; or (2) a massage establishment
that employs or uses only individuals certified by the MTO.
SECTION 4: ESMC § 4 -10 -4 is amended to read as follows:
"4 -10-4: MASSAGE TECHNICIANS; PERMIT, EXAMINATION,
FEES:
Massage technicians ,must obtain a permit pursuant to Xhis chapter
and, when applying for a permit, ,pay a one time investigation fee
set by city council resolution, In order to obtain a permit, each
massage technician must successfully pass the Los Angeles
County examination of applicants for massage technician permits
and pay, upon applying for a permit, an examination fee set by city
council resolutionti In addition, any massage technicians doing
business in the city as an independent operative rare subject to the
business license tax provided for by this code. Certified Massage
Practitioners and Certified Massage Therapists are exempt from
the permit requirement established by this section provided that the
MTO- certified individual is practicing consistent with the
qualifications established by his or her certification. Certified
Massage Practitioners and Certified Massage Therapists are not
exempt from the business license tax set forth in this Code."
SECTION 5: ESMC § 4 -10 -5 is amended to read as follows:
"4 -10 -5: BUSINESS LICENSE REQUIRED:
J3efore pperating any massage establishment or becoming
engaged in the occupation of a massage practitioner or massage
technician, the Jndividual proposing to conduct the business trust
obtain the required business Jicense Jo do so and, in addition„
unless otherwise specified, Js subject to each and all of the terms,
conditions and provisions of this chapter."
SECTION 6: ESMC § 4 -10 -10 is amended to read as follows:
"4- 10 -10: NOTICE OF CHANGE:
Whenever any change occurs relating to the written information
required by Jhis chapter, the applicant or permittee must give
notification of such change to the licensing authority within twenty
OA,
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(20) days after such change or at any hearing conducted under this
chapter if such hearing is conducted before the above notification
has been given. Every owner of a massage establishment that
employs or uses only MTO- certified massage practitioners and
therapists, and every massage establishment that is a sole
proprietorship where the sole proprietor is MTO- certified, must
notify the city not less than 20 days before changing management,
renaming, or conveying the massage business to another person."
SECTION 7: ESMC § 4 -10 -13 is amended to read as follows:
"4- 10 -13: INSPECTION:
The police department may inspect any massage establishment in
the city during regular business hours with or without notice. Police
officers and any official inspectors while on official business must
be allowed ,to enter any massage establishment free of charge for
the purpose of inspection."
SECTION 8: ESMC § 4 -10 -21 is amended to read as follows:
"4- 10 -21: DISPLAY OF PERMIT:
Every person holding a permit issued pursuant to this Chapter,must
keep the same posted in a conspicuous place upon the licensed
premises in open and clear view. Massage establishments that are
sole proprietorships, where the sole proprietor is MTO- certified, and
massage establishments that employ or use only MTO- certified
persons, must file with the city copies of the current MTO
certifications for each person providing massage services at the
business."
SECTION 9: ESMC § 4 -10 -24 is amended to read as follows:
"4- 10 -24: MASSAGE JESTABLISHMENT; OPERATION_
Unless otherwise specified, every massage , establishment must be
maintained and operated in conformance with the requirements of
this Code and Business and Professions Code, Division 2, Chapter
10.5."
SECTION 10: ESMC § 4 -10 -26 is amended to read as follows:
"4- 10 -26: MASSAGE TECHNICIAN; EMPLOYMENT:
A permittee or person required by this Chapter to obtain a permit
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,cannot hire or employ a massage technician unless such massage
technician possesses a valid, subsisting permit required by this
Chapter or a valid MTO certification."
SECTION 11: ESMC § 4 -10 -30 is amended to read as follows:
"4- 10 -30: FACILITIES; MINIMUM REQUIREMENTS:
A permit ,cannot be issued pursuant to this Chapter unless an
inspection reveals that the massage establishment,has, each of the
following minimum requirements and a certificate of occupancy .was
issued by the Planning and Building Safety Director, The
requirements of this section do not apply to (1) a massage
establishment that is a sole proprietorship where the sole proprietor
is certified by the MTO; or (2) a massage establishment that
employs or uses only individuals certified by the MTO.
A. Lighting And Ventilation: Minimum lighting ,rnust be provided in
accordance with the California building code, as adopted by this
Code, and, in addition, at least one artificial light of not less than
nine hundred (900) lumens ,must be provided in each enclosed
room or booth where massage services are being performed on a
patron. Minimum ventilation ,must be provided in accordance with
the California building code, as adopted by this Code.
B. Washbasins: A minimum of one separate washbasin must be
provided for the use of the employees of the massage
establishment, which basin must provide soap or detergent and hot
and cold running water at all times andpe located within or as close
as practicable to the area devoted to the performance of massage
services. In addition, each washbasin must have ,sanitary towels
placed in permanently installed dispensers.
C. Bathing, Dressing, Toilet Facilities: Adequate bathing, dressing,
locker, and toilet facilities, must be provided for patrons. A minimum
of one tub or shower, one dressing room containing a separate
locker for each patron to be served, which locker jnust be capable
of being locked, as well as a minimum of one toilet and one
washbasin, must be provided. If male and female patrons are to be
served simultaneously at the massage establishment, separate
bathing, a separate massage room or rooms, separate dressing
and separate toilet facilities ,must be provided for male and female
patrons."
SECTION 12: This ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
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"CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to permit operation of existing
facilities; minor temporary use of land; ensure maintenance, restoration and
protection of the environment; and regulate normal operations of facilities for
public gatherings. This Ordinance, therefore, is categorically exempt from further
CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and
15323.
SECTION 13: If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 14: Repeal or amendment of any provision of the El Segundo
Municipal Code does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring
before this Ordinance's effective date. Any such repealed part will remain in full
force and effect for sustaining action or prosecuting violations occurring before
the effective date of this Ordinance.
SECTION 15: 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 16: This Ordinance will become effective on the thirty -first (31 st)
day following its passage and adoption.
PASSED AND ADOPTED this
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
day of , X010.
F-ric Busch, Mayor
SS
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
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Council at a regular meeting held on the day of —
�-010 and was duly passed and adopted by said City Council, approved and - Deleted: 2009
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of Deleted: zoos
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said Council held on the day of , � 010, a-nd - 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
By:
Karl H. Berger, Assistant City Attorney
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