2011 FEB 15 - 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, FEBRUARY 15, 2011 — 5:00 P.M.
Next Resolution # 4709
Next Ordinance # 1459
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.
1
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): -2-
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
2
{4 n
4.
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, FEBRUARY 15, 2011 - 7:00 P.M.
Next Resolution # 4709
Next Ordinance # 1459
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Brandon Cash, Oceanside Christian Fellowship
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
(_! 3
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
1. Consideration and possible action to select the City of Lawndale to
exchange the City of El Segundo's Fiscal Year 2011 -2012 and prior
year unallocated Community Development Block Grant (CDBG) funds
totaling $90,061 at an exchange rate of $0.70 per CDBG dollar, for a
total of $63,042.70 in General Revenue Funds and to allocate the funds
to the City's Home Delivered Meals, Juvenile Diversion, Administration
and Senior In -Home Care programs for Fiscal Year 2011 -2012. (Fiscal
Impact:, $63,042.70).
Recommendation — (1) Adopt Resolution authorizing the exchange of
CDBG funds with the City of Lawndale; (2) Authorize the City Manager to
execute any and all contracts and documents, as to form approved by the
City Attorney, necessary to complete the exchange of CDBG funds on
behalf of the City; (3) Approve allocation of the funds for Home Delivered
Meals, Juvenile Diversion, Administration and Senior In -Home Care projects
for Fiscal Year 2011 -2012; (4) Alternatively, discuss and take other possible
action related to this item.
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.
2.
Warrant Numbers 2580880 to 2581076 on Register No. 9 in the total
amount of $490,175.38 and Wire Transfers from 01/21/11 through
02/03/11 in the total amount of $1,177,281.33.
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.
3. Regular City Council Meeting Minutes of February 1, 2011.
Recommendation – Approval.
4. Consideration and possible action regarding a modification to an
Alcoholic Beverage Control (ABC) license for on -site sale and
consumption of beer and wine to allow a 484 square -foot expansion of
an existing restaurant (La Paz) with a Type 41 (On -sale Beer and
Wine— Eating Place) located at 514 Center Street. Applicant: Jose
Mendez, La Paz (Fiscal Impact: None)
Recommendation – (1) Receive and file this report without objecting to the
expansion of a Type 41 ABC license to the 484 square -foot addition of an
existing restaurant at 514 Center Street; (2) Alternatively, discuss and take
other possible action related to this item.
5. Consideration and possible action regarding a request from the El
Segundo Education Foundation to waive the banner fees per El
Segundo Municipal Code section 8 -8 -7 D1. (Fiscal Impact: $1,780)
Recommendation – (1) Approve the request to waive the user fees per El
Segundo Municipal Code Section 8 -8 -7 D1; (2) Alternatively, discuss and
take other action related to this item.
0 �
6. Consideration and possible action to approve a change order with
Matthew and Stewart Company, Inc. for the repair of an 8 -inch
diameter sanitary sewer pipe at the intersection of Virginia Street and
Walnut Ave (Fiscal impact: $34,116.22)
Recommendation — (1) Authorize the City Manager to approve a payment in
the amount of $34,116.22 with Matthew and Stewart Company, Inc., for the
removal and replacement of a 8" verified clay pipe and damaged asphalt;
(2) Alternatively, discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
7. Consideration and possible action regarding the Fiscal Year 2009 -2010
Yearend report and FY 2010 -2011 First Quarter Financial Review.
(Fiscal impact: None)
Recommendation — (1) Receive and file FY 2009 -2010 Yearend and FY
2010 -2011 First Quarter Financial Review; (2) FY 2009 -2010 -- Reduce the
scheduled transfer from the Economic Uncertainty Fund from $750,000 to
$250,000; (3) FY 2010 -2011 -- Cancel the budgeted item from the Other
Post Employment Benefit (OPEB) Trust drawdown of $750,000 and,
alternatively, use a portion of the proceeds from the sale of Fire Station #2
in the Economic Uncertainty Fund to help balance the FY 2010 -2011
Budget; Alternatively discuss and take other action related to this item
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
6 0 6
I. REPORTS — CITY CLERK
8. Consideration and possible action regarding an initiative (the
"Initiative ") amending the El Segundo Municipal Code to transfer all
functions of the El Segundo Fire Department to the Consolidated Fire
Protection District of Los Angeles County (aka the Los Angeles
County Fire Department) (Fiscal Impact: Unknown)
Recommendation — (1) Adopt a resolution certifying the Initiative as
qualifying for the ballot; (2) OPTION ONE: Adopt Resolutions calling for a
special election and requesting that the Los Angeles County Board of
Supervisors provide election services to the City regarding the Initiative;
consider adopting Resolutions regarding ballot arguments, City Attorney
impartial analysis and rebuttal arguments; (3) OPTION TWO: Adopt
Resolutions calling for a regular election and consider adopting Resolutions
regarding ballot arguments, City Attorney impartial analysis and rebuttal
arguments; (4) OPTION THREE: Adopt the Ordinance or schedule a
Council Meeting within 10 days and consider adopting the Ordinance at that
meeting; (5) Take such additional, related, action that may be desirable.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes —
Council Member Brann —
Council Member Jacobson —
Mayor Pro Tern Fisher —
Mayor Busch —
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, at se q.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
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EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to select the City of Lawndale to exchange the City of
El Segundo's Fiscal Year 2011 -2012 and prior year unallocated Community
Development Block Grant (CDBG) funds totaling $90,061 at an exchange rate of $0.70
per CDBG dollar, for a total of $63,042.70 in General Revenue Funds and to allocate the
funds to the City's Home Delivered Meals, Juvenile Diversion, Administration and
Senior In -Home Care programs for Fiscal Year 2011 -2012. (Fiscal Impact: $63,042.70).
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution authorizing the exchange of CDBG funds with the City of
Lawndale;
2. Authorize the City Manager to execute any and all contracts and documents, as to
form approved by the City Attorney, necessary to complete the exchange of CDBG
funds on behalf of the City;
3. Approve allocation of the funds for Home Delivered Meals, Juvenile Diversion,
Administration and Senior In -Home Care projects for Fiscal Year 2011 -2012; and/or
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution
2. CDBG Exchange Agreement
3. CDBG Exchange Worksheet with the City of Lawndale
FISCAL IMPACT:
Amount Budgeted: $63,042.70 - FY 2011/2012 estimated revenue received from CDBG
Exchange of Funds totaling $90,061
Account Number: CDBG Fund 111- 400 - 2778 -6214 (Home Delivered Meals); 111- 400 -2743-
6214 (Senior In -Home Care); 111- 400 - 2779 -6206 (General
Administration); 111- 400 - 2747 -6214 (Juvenile Diversion)
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager V,
REVIEWED BY: Greg Carpenter, Director o Planning and Building Safety
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
On December 21, 2010, the City Council authorized staff to proceed with identifying an
interested participating city under the Los Angeles Urban County's Community Development
Block Grant (CDBG) Program to begin negotiations for the exchange of the City's proposed '�
Fiscal Year 2011 -2012 CDBG allocation; establish a mutually agreeable exchange rate; and,
return to the City Council with a resolution authorizing the exchange of CDBG funds. The City's
CDBG FY 2011 -2012 allocation is estimated at approximately $85,683. Also, $4,378 in prior
year unallocated CDBG funds have been identified for a total CDBG amount available to
exchange of $90,061.
Staff solicited offers from participating cities through the Los Angeles County Community
Development Commission (CDC). The City of Lawndale is interested in exchanging CDBG
funds. The City of Lawndale offered $0.70 per CDBG dollar for a total amount of $63,042.70 to
be received from the City of Lawndale in General Funds. In FY 2010 -2011, the City of El
Segundo completed an exchange of its CDBG funds with the City of La Mirada for $0.55 /$1.00.
RECOMMENDED ACTION:
Staff recommends that the City Council accept the offer from the City of Lawndale and adopt the
attached Resolution authorizing the exchange of the City's CDBG funds at a rate of $0.70 per
CDBG dollar for a total amount of $63,042.70 in General Funds. Following City Council action,
all documents pertaining to the exchange of CDBG funds will be forwarded to the Los Angeles
County Community Development Commission (CDC) for approval by the Los Angeles County
Board of Supervisors. Once approved by the Los Angeles County Board of Supervisors, the
CDC will process the transaction and issue the payment to the City. The process is anticipated to
take approximately two to three months.
Proceeds from the exchange of CDBG funds will support the continuation of the City's Home
Delivered Meals, Juvenile Diversion, General Administration, and Senior In -Home Care projects
for Fiscal Year 2011 -2012. The proceeds have not been specifically allocated yet. The allocation
of these revenues will be refined through the City's 2011 -2012 budget process. The proceeds
will be placed in the Miscellaneous Revenue Account and they will be carried over to the 2011-
2012 Fiscal Year.
P:\Planning & Building Safety \0 Planning - New \CDBG \2011 -2012 CDBG PLANNING AND EXCHANGE \2011.02.15 CDBG Exchange of
Funds FY 2011_2012 ccmtg.doc
2
RESOLUTION NO.
A RESOLUTION APPROVING THE EXCHANGE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (CDBG) FOR THE FISCAL YEAR 2011 -2012 BETWEEN THE
CITY OF EL SEGUNDO AND THE CITY OF LAWNDALE
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 Council of the City of El Segundo conducted a public hearing,
pursuant to applicable law, on December 21, 2010, to consider the
allocation of CDBG funds for the Fiscal Year (FY) 2011 -2012;
B. The use of CDBG funds is strictly limited by law;
C. The City of El Segundo has executed a three -year Cooperation
Agreement with the County of Los Angeles concerning CDBG funds for
Fiscal Years 2009 -2010, 2010 -2011, and 2011 -2012;
D. The City of El Segundo, a recipient of CDBG funds desires to exchange
$85,683.00 of its FY 2011 -2012 CDBG funds and $4,378.00 in prior year
unallocated CDBG funds for $63,042.70 of General Funds with the City of
Lawndale.
SECTION 2: The exchange of FY 2011 -2012 CDBG funds between the City of El
Segundo and the City of Lawndale (CDC) is hereby approved.
SECTION 3: In accordance with this Resolution, the City of El Segundo will exchange
$85,683.00 of its FY 2011 -2012 CDBG funds and $4,378.00 in prior year unallocated
CDBG funds for $63,042.70 of General Funds with the City of Lawndale.
SECTION 4: The City Manager is authorized and directed to execute any and all
documents necessary to complete the exchange of funds on behalf of the City of El
Segundo.
SECTION 5: 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.
Ol3
SECTION 6: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND ADOPTED this 15th day of February, 2011.
Eric Busch,
Mayor
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 15th day of February, 2011,
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
By:
Karl H. Berger
Assistant City Attorney
P: \Planning & Building Safety \0 Planning - New \CDBG\2011 -2012 CDBG PLANNING AND EXCHANGE:\2011.01.26 CDBG
exchange of funds_Lawndale_RESO _ ccmtg.2.15.11.doc
2 ,1�
AGREEMENT FOR EXCHANGE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is made and entered into as of 2011, by and
between the City of El Segundo and the City of Lawndale.
RECITALS
A. The City of El Segundo has renewed its a three -year cooperation agreement with
the County of Los Angeles concerning Community Development Block Grant
(CDBG) Funds for Fiscal Years 2009 -2010, 2010 -2011, and 2011 -2012.
B. The City of Lawndale has executed a three -year reimbursable agreement with
the County of Los Angeles concerning CDBG funds for Fiscal year 2009 -2010,
2010 -2011, and 2011 -2012.
C. The City of El Segundo has unexpended CDBG Funds which could be made
available to the City of Lawndale in exchange for the assignment by the City of
Lawndale of the amount of its general funds indicated in Section 1 below, the
City of El Segundo is willing to assign unexpended CDBG funds to the City of
Lawndale.
D. The Cities now desire to enter into an agreement under which the City of
Lawndale would exchange $63,042.70 of its general funds for $90,061 of
unexpended entitlement of CDBG Funds for Fiscal Year2010 -2011 and 2011-
2012.
NOW, THEREFORE, the Cities agree as follows:
1. EXCHANGE. The City of El Segundo agrees to assign $90,061 of its
unexpended CDBG funds for Fiscal year 2010 -2011 and 2011 -2012 to the
City of Lawndale. In return, the City of Lawndale agrees to assign
$63,042.70 of its general funds to the City of El Segundo. The exchange
rate is $70/100. The table below summarizes the amount to be
exchanged and any public service and /or administration authority to be
transferred to the City of Lawndale
FY
Amount
Public Service
Administrative
Authority
Authority
Received
Received
FY 2011 -2012
$ 85,683.00
$12,852.00
$8,568.00
Unallocated
$ 4,378.00
None
None
Balance
Total
$90,061.00
$12,852.00
$8,568.00
2. CONSIDERATION. The City of El Segundo shall assign the agreed upon
CDBG Funds in one lump sum payment. The City of Lawndale shall assign the agreed
upon general funds to the City of El Segundo in one lump sum payment. The lump sum
payment shall be due and payable on or before July 31, 2011. +
3. BEST EFFORTS. The City of El Segundo shall use its best efforts to
obtain any consent required of any other governmental or administrative agency to
effectuate the assignment of $90,061 of its CDBG Funds to the City of Lawndale. The
City of Lawndale agrees to execute any and all additional documents which such
agencies may request in connection with the assignment and receipt of the grant.
4. TERM. The Agreement is effective on the date above written and for such
time as is necessary for both parties to complete their mutual obligations under this
Agreement.
5. TERMINATION. Termination of this Agreement may be made by either
party, so long as written notice of intent to terminate is given to the other party at least
five (5) days prior to termination.
6. NOTICE. Notices shall be given pursuant to this Agreement by personal
service on the party notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows:
City of El Segundo
350 Main Street
El Segundo, CA 90245
City of Lawndale
14717 Burin Avenue
Lawndale, CA 90260
7. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement the day of
, 2011
JACK WAYT, City Manager
CITY OF EL SEGUNDO
ATTEST:
CINDY MORTESEN, City Clerk
(seal)
APPROVED AS TO FORM:
City Attorney
DAYLE KELLER, Interim City Manager
CITY OF LAWNDALE
ATTEST:
PAULA HARTWILL, City Clerk
APPROVED AS TO FORM:
City Attorney
CDBG EXCHANGE OF FUNDS WORKSHEET.
This worksheet is to be used for planning the exchange of Community Development Block Grant
(CDBG) funds between Jurisdictions participating in the Los Angeles County's CDBG Program.
Completion of the worksheet will be the responsibility of the jurisdiction offering CDBG funds for
exchange and will include only funding information specific to the two (2) jurisdictions exchanging
funds (the exchanging and recipient Jurisdictions). If additional exchanges are planned, Involving
jurisdictions other than those indicated below they must be identified on a separate form.
This exchange will involve actions between El Segundo (Exchanging Jurisdiction)
and Lawndale (Recipient Jurisdiction) and must be approved by bath participants'
governing bodies, as well as the Los Angeles County Board of Supervisor before becoming effective.
Completion of this worksheet and approval by the Community Development Commission will formally
start the authorization and approval process.
CDBG FUNDS TO BE EXCHANGED
Type of Funding
Program Authority
Total
Amount
Yes
No
Amount
• New Allocation
FY 2011 -2012
$ 85,683
Administration
V0%Max)
Y
X
$ 8,568
Public Service
15% Max
X
$ 12,852
• Prior Year
Unallocated Funds
$ 4,378
Administration
(No;AUthortty Provtdgd w{th Prior Y•pr
Public Service
tNo AuEhotity P►oVlti+9lt vSlth PrloC Ybnr
Futdaf �` ��s sag .3
District Funds
$ o
Administration
( . °At+tharity Provkled wltt► DlgtHct Funda}
Public Service
(w+�;� hrut�praY(ttedwith0(at+�tatF dla)
Total Funding
$ 90,061
App oval of th ntent to exchange CDBG funding:
s i It
1/5/11
Exchan ng Jurl diction Date zo,Recllpllent Jurisdiction Date
Approval of the availability of CDBG funds to be exchanged:
Digitally signed by Raymond White
DN: cn= Raymond White, .=LA County Community
DM,, m n n ri VA/ h itry Development Commission, ou =CDBG Division,
Community Development
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
1/21/11 THROUGH 02/03/11
Date
1/20/2011
1/20/2011
1/20/2011
1/20/2011
1/21/2011
1/21/2011
1/21/2011
1/21/2011
1/24/2011
1/26/2011
1/26/2011
1/26/2011
1/28/2010
1/31/2011
2/3/2011
2/3/2011
2/3/2011
2/3/2011
2/4/2011
2/4/2011
2/4/2011
1/21-2/03/11
Payee Amount
Description
Employment Development
4,159.75
State Taxes
Employment Development
47,917.39
State Taxes
IRS
212,609.72
Federal Taxes
La Salle
43,725.00
ABAG
State of CA EFT
1,305.68
Child support payment
Nationwide EFT
31,494.31
EFT 457 payment
UB
3,833.01
PARS payment
Manufacturers & Traders
23,694.72
457 payment Vantagepoint
Pitney Bowes
10,000.00
City Hall Postage
Cal Pers
282,386.65
Retirement
Health Comp
3,429.51
Weekly claims
Lane Donovan Golf Ptr
21,083.19
Payroll Transfer
Unum
396.47
LTD
I Bank
129,978.67
Infrastructure semi annual payment
Employment Development
4,056.70
State Taxes
Employment Development
53,783.31
State Taxes
IRS
225,799.56
Federal Taxes
Health Comp
2,431.58
Weekly claims
Nationwide EFT
31,618.24
EFT 457 payment
UB
3,804.22
PARS payment
Manufacturers & Traders
24,811.00
457 payment Vantagepoint
Workers Comp Activity
14,962.65
SCRMA checks issued
1,177,281.33
DATE OF RATIFICATION: 02/15/11
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Deput City T easurer Date
Director
M
/ /
Date
Date
1,177,281.33
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\201 1 \Wire 2011 1st Qtr \Wire Transfers 02- 03.xls r�
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 1, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
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 announced that Council would be meeting in closed session pursuant to
the items listed on the agenda and that the construction coordinator unpaid leave item
and Government Code §54956.9(b) item had been deleted from 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): -1-
DELETED - Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 1
PUBLIC EMPLOYMENT (Government Code § 54957) — 1- matter (Request for unpaid
leave pursuant to El Segundo Municipal Code § 1- 6 -20). Position/Title: Construction
Coordinator - DELETED
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 2
k- A. v
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 1, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Pastor Rob McKenna, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
a. Mayor Pro Tem Fisher presented a Proclamation to Nancy Franklin, American
Heart Association, proclaiming Friday, February 4, 2011, as National Wear Red
Day.
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.
Cindy Topar, resident, spoke regarding the City of Santa Monica's ban on use of single
use plastic bags and asked Council to consider adopting such an Ordinance.
Loretta Frye, resident, spoke regarding the free income tax program being provided to
low income people and seniors at the Joslyn Center.
Marc Rener, resident, spoke regarding agenda item no. 7, trash collection services.
Mike Robbins, resident, spoke regarding agenda item 6a Tree Musketeers request to
waive permit and inspection fees and agenda item no. 7, trash collection services.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 3
Adam Gerard, President Tree Musketeers, spoke regarding the upcoming Arbor Day
Tree Planting Project and asking Council to consider waiving fees.
Ron Swanson, resident, spoke regarding trash fees.
James Castro, Consolidated Disposal Services, requested to meet with staff to address
a possible three year contract extension.
Liz Garnholz, resident, spoke regarding agenda item no. 6a Tree Musketeers fee
waiver, and agenda item no. 7 trash collection services, and Athletic Field revenue
generation.
Gail Church, Executive Director, Tree Musketeers, spoke regarding agenda item no. 6a,
request for fee waivers.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Brann, 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)
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.
Approved Warrant Numbers 2580728 to 2580879 on Register No. 8 in the total
amount of $828,479.21 and Wire Transfers from 01/06/11 through 01/20/11 in
the total amount of $2,269,452.96. 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.
2. Approved Regular City Council Meeting Minutes of January 18, 2011.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 4
3. Accepted the project for the rehabilitation of Grand Avenue from Sepulveda
Boulevard to Duley Road as complete. Project No.: PW 10 -03 (Fiscal Impact:
$338,365.52) Authorized the City Clerk to file a Notice of Completion in the
County Recorder's Office.
4. Authorized acceptance of $39,810 in grant funding from the U.S. Department of
Homeland Security, through the Office of Grants and Training, under Fiscal Year
2008 and 2009 State Homeland Security Grant Programs (SHSGP) to pursue
regional training and radio programming. (Fiscal Impact: $39,810) Authorized
the City Manager to sign Agreement Nos. 4119 and 4120 with the County of Los
Angeles who will serve as grant administrator for both grants.
5. Waived second reading and adopted Ordinance No. 1458 approving
Environmental Assessment EA 881, Specific Plan Amendment No. 10 -01, and
Zone Text Amendment ZTA 10 -04 to amend the Smoky Hollow Specific Plan
Land Use Plan and the El Segundo Municipal Code ( "ESMC ") regulating the
permitted uses in the Small Business (SB) and Medium Manufacturing (MM)
Zones. (Fiscal Impact: N /A)
6. Adopted Resolution No. 4708 amending the City's Flexible Benefit Plan
Document and Summary Plan Description to reflect changes resulting from the
Affordable Care Act of 2010 eliminating the reimbursement of over - the - counter
medicine or drugs from the health spending account.
6a. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 1, 2, 3, 4, 5, and 6. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
6a. Consideration and possible action to approved the request from Tree Musketeers
to waive the permit and inspection fees per El Segundo Municipal Code section
8 -8 -7 D1.
MOTION by Mayor Pro Tern Fisher, SECONDED by Mayor Busch to approve the
request from Tree Musketeers to waive the permit and inspection fees per El Segundo
Municipal Code section 8 -8 -7 D1. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 5
F. NEW BUSINESS
7. Consideration and possible action to (1) determine which residential properties
will receive City - provided trash collection services when the City's current
residential trash collection contract expires on July 31, 2011; (2) approve the
Trash Subcommittee's recommendation to bid out the contract for trash collection
services and select one of the Subcommittee's bidding options for a new trash
collection contract to begin August 1, 2011. (Fiscal Impact: Unknown; fiscal
impact to the City estimated at $444,906 to $561,000 depending on City Council
Action(s) taken on this agenda item.)
Council Member Jacobson left the dais at 7:46 pm due to a conflict of interest regarding
his ownership of an apartment building with more than two units.
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to direct
staff to include City - provided trash services for all properties with more than two units
,which currently put out trash cans, in the next residential trash hauling contract.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR PRO TEM FISHER,
COUNCIL MEMBERS BRANN AND FUENTES; NO: MAYOR BUSCH. 3/1
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
reconsider the MOTION. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
MAYOR BUSCH, MAYOR PRO TEM FISHER, COUNCIL MEMBER FUENTES; NO:
COUNCIL MEMBER BRANN. 3/1
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to
include City - provided trash services for three and four unit properties in the next
residential trash hauling contract. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: MAYOR PRO TEM FISHER, COUNCIL MEMBERS BRANN AND FUENTES;
NOES: MAYOR BUSCH. 3/1
Council Member Jacobson returned to the dais at 8:19 pm.
MOTION by Mayor Pro Tern Fisher to go out to bid with all four Subcommittee
recommended options. MOTION FAILED FOR LACK OF SECOND.
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to
extend the current contract for up to three years and work with the current trash hauler
to negotiate additional services and /or reduce current prices and if this can't be
accomplished then go out to bid.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 6
�_�23
COUNTER MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to go out
to bid with 3 year and 7 year options with no change in service. MOTION PASSED BY
THE FOLLOWING VOTE: AYES: MAYOR BUSCH, MAYOR PRO TEM FISHER,
COUNCIL MEMBER FUENTES; NOES: COUNCIL MEMBER BRANN AND
JACOBSON. 3/2
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 Fuentes — Spoke on the additional left turn lane at Main and Imperial.
Spoke regarding recent event to get young people involved with Science, Technology,
Engineering and Math hosted by the Los Angeles Air Force Base.
Council Member Brann — Spoke on the Da Vinci School Engineering Award.
Council Member Jacobson — Spoke regarding the need for volunteers for CPR Sunday.
Mayor Pro Tern Fisher — Spoke on McCormick and Schmick's event for troops coming
home from deployment in Iraq.
Mayor Busch — Spoke on recent hazardous waste and a -waste roundup sponsored by
the County of Los Angeles Public Works Department and upcoming Tree Musketeers
Arbor Day event.
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.
Loretta Frye, resident, spoke regarding the confusion on when the Fire Department will
be watering trees.
Mike Robbins, resident, spoke regarding continuing trash pickup for three and four unit
apartments.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 7
MEMORIALS — NONE
CELEBRATION —
In celebration of the birth of Lillian Grace Dull, born January 26, 2011 at 2:00 a.m.,
weighing in at 8 lbs. 7 oz. and 20 inches long. Lillian is welcomed by a big sister, Ellen
and the proud parents, Jill and Doug Dull of El Segundo. The proud grandparents are
Carl and Nancy Jacobson.
CLOSED SESSION — NONE
ADJOURNMENT at 8:56 pm.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2011
PAGE NO. 8
L #�v
EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a modification to an Alcoholic Beverage Control
(ABC) license for on -site sale and consumption of beer and wine to allow a 484 square -foot
expansion of an existing restaurant (La Paz) with a Type 41 (On -sale Beer and Wine— Eating
Place) located at 514 Center Street. Applicant: Jose Mendez, La Paz. (Fiscal Impact: N /A)
(Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
L Receive and file this report without objecting to the expansion of a Type 41 ABC license to
the 484 square -foot addition of an existing restaurant at 514 Center Street.; and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report, dated January 27 , 2011
4. Administrative Use Permit Revised Letter, dated January 20, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager'
REVIEWED BY: Greg Carpenter, Planning Building Safety Director%
APPROVED BY: Jack Wayt, City Manage n
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2010 – June 2010,
Exhibit 1) prepared by the Police Department, the existing restaurant is located in Reporting
District (RD) 206. Based on the January — June 2010 reported data prepared by the Police
Department, the district had a total of 6 Part I crimes (criminal homicide, forcible rape, robbery,
aggravated assault, burglary, larceny- theft, motor vehicle theft and arson) and 11 Part II crimes
for a total of 17 crimes. The Reporting District is not considered a high crime area and the
Police Department and the Planning and Building Safety Department do not object to the
expansion of the restaurant with a Type 41 ABC license for the proposed sale of beer and wine
for consumption on and off the premises at the restaurant.
The existing restaurant currently has a Type 41 license. The original Type 41 license was
approved by the city in 1999 for a restaurant on the same address. The license was transferred in
2005 to the current owners. This expansion of the restaurant requires the approval of an
Administrative Use Permit (AUP) to expand alcohol use in the C -2 (Neighborhood Commercial).
The approval of the ABC license request would be for the convenience of providing alcohol for
sale within the restaurant for its patrons, and not a necessity. The hours to sell beer and wine in
this location will be everyday between 9 a.m. and 9 p.m.
On January 20, 2011, the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 900 and AUP No. 10 -11) for 514 Center Street. The Director's
decision was forwarded to the Planning Commission on January 27, 2011. On January 27, 2011
the Planning Commission chose to Receive and File the item with the conditions of approval.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control. The Department of Alcoholic Beverage Control (ABC) is
responsible for running a complete background check on all alcohol license applicants, as well as
conducting site inspections, before issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to the
expansion of an existing Type 41 ABC license the restaurant addition at 514 Center Street.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \876- 900\EA 900\EA -900 AUP 10-11514 Center Street CC sr.doc
EL SEGUNDO POLICE DEPARTMENT
- -5
y
4
5
2 1
1
2
6 7
202
4
7 11
2 3
2
5
2
6 11
5
6
6 8
13 19
6
11 17
Records /eg Page 1 7/12/2010 y
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING:
January 27, 2011
SUBJECT:
Environmental Assessment No. 900 and
Administrative Use Permit No. 10 -11
APPLICANT:
Jose Mendez, owner of La Paz Restaurant
PROPERTY OWNER:
LM Pacific Properties LLC
REQUEST:
An Administrative Use Permit request to allow the
expansion of on -site sale and consumption of
alcohol
at an existing restaurant (Type 41
Alcoholic Beverage Control (ABC) License).
PROPERTY INVOLVED:
514 Center Street
I. INTRODUCTION
The proposed project is a request for an Administrative Use Permit to allow the
expansion of the on -site sales and consumption of beer and wine at the existing
La Paz restaurant. The proposed hours to sell beer and wine are daily between
9 a.m. and 9 p.m. The proposed project is located at 514 Center Street in the
Neighborhood Commercial (C -2) Zone. The property is located on the block
bounded by Center Street on the west, Nevada Street on the east, Mariposa
Avenue on the north, and Pine Avenue on the south.
III. ANA_
The applicant is requesting approval of an Administrative Use Permit to allow the
expansion of the area for sales and consumption of beer and wine at an existing
restaurant. Sale of beer and wine will occur between the hours of 9 a.m. and 9
p.m. daily. The restaurant currently has a floor area of approximately 2,032
square feet and the proposed expansion of the dining area would add another
484 square feet. Approximately 1,886 square feet of the restaurant will be used
as a dining area after expansion; the remainder includes the kitchen and
accessory office space. The project proposes no structural change to the
exterior of the building, building envelope, parking or landscaping. An internal
opening will be provided between the existing restaurant and the adjacent tenant
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876- 900 \EA - 900\ EA -900 CUP 10-11 514 Center Street PC
sr.doc
space. The applicant will not sell distilled spirits, malt liquor, single servings or
any other variation.
The proposed project site is located in the Neighborhood Commercial (C -2)
Zone. On February 24, 1999, the City Council did not protest the issuance of a
Type 47 ABC license to sell beer and wine at the restaurant (Big John's Coffee
Shop) that previously occupied La Paz restaurant. According to the Department
of Alcoholic Beverage Control (ABC), the license was transferred in 2005 to the
current owners of the restaurant. The ABC license to sell beer and wine at a
restaurant was then called a Type 47 license; ABC has since reclassified Type
47 licenses as Type 41 licenses for the sale of beer and wine at a restaurant.
Pursuant to ESMC §15- 5B -4(B), the expansion of the area for sale of alcohol
require the approval of an Administrative Use Permit. This new application
allows the City to impose additional conditions of approval detailed in the
decision letter.
The surrounding land uses are as follows:
Land Uses Zone
North:
Center Street Elementary School
P -F
South:
Single - Family Residential
R -1
East:
Single - Family Residential
R -1
West:
Multi - Family Residential
R -3
Off - street Parking
There are 92 existing off - street parking spaces on the shopping center used for
restaurant, dentist office, residential, and other commercial uses. The combined
net area of all the uses in the shopping center is approximately 21,000 square
feet. The restaurant, including the 484- square foot addition converted from a
commercial retail use, requires a minimum of 25 parking spaces based on the
ratio of one parking space per 75 square feet of dining area. The 640 square -
foot back part of the restaurant which includes the kitchen require another 3
spaces for a total of 28 parking spaces. There is sufficient parking space for all
the uses on the shopping center including the expansion of the restaurant. The
applicant will not alter the configuration of the existing parking and loading
spaces.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876- 900 \EA - 900\ EA -900 CUP 10-11 514 Center Street PC
sr.doc
2 {j 3g
III. INTER- DEPARTMENTAL COMMENTS
The project application and plans were circulated to all departments and all
comments are attached to the report. Staff has incorporated those comments as
conditions of approval where appropriate.
IV. ENVIRONMENTAL REVIEW
The proposed project 1s categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 3 categorical exemption (New Construction or
Conversion of Small Structures). The project includes an alcohol license for an
existing restaurant which results in a minor alteration in the operation of an
existing building involving no expansion of the existing use. The project is not
anticipated to have any significant impacts with regard to traffic, noise, air quality,
or water quality. Moreover, the project is proposed to be built on a site of not
more than five acres surrounded by urban uses. Further, the site has no value
as habitat for endangered, rare, or threatened species. There are adequate
utilities and public services to serve the project.
V. RECOMMENDATION
Planning staff recommends that the Planning Commission Receive and File
Administrative Use Permit No. 10 -11.
VI. EXHIBITS
A. Administrative Use Permit Approval Letter, dated January 20, 2011
B. Interdepartmental Comments
C. Administrative Use Permit application
D. Site Plan /Floor Plan
Prepared by: Bryan Fernandez, Assistant Planner
mberl Chri sen, AICP, Planning Manager
anniz and uilding Safety Department
Gre rpentef Dire r
Plaroft and Building Safety Department
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \876 - 900 \EA - 900\ EA -900 CUP 10 -11 514 Center Street PC
sr.doc
3 i_ �,
Y () f,
re I
Elected Officials:
Eric K. Busch,
Mayor
8111 Flshar,
Mayor Pro Tan
Carl Jacobson,
Councll Member
Don Brann,
Councll Member
Suzanne Fuentes,
Council Member
Clndy Mortesen,
City Clerk
Ralph lanphere,
City Treasurer
Appointed Officials:
Jack Way4
City Manager
Mark D. Hensley,
City Attorney
Department Directors:
Bill Crowe,
Assistant City Manager
Deborah Cullen,
Finance
Robert Hyland,
Human Resources
Kevin Smith,
Fire Chief
Debra Brighton,
ubrary Services
Greg Carpenter,
Planning and Building
Sahty
Mitch Tavere,
Police Chief
Stephanie Kstsoulsas,
Pubec Works
Robert Cummings,
Recreation d Parks
www.sisegundo.org
January 20, 20f1
Jose Manuel Mendez
514 Center Street
El Segundo, CA 90245
RE: Environmental Assessment No. EA -900 and
Administrative Use Permit (AUP) No. 10 -11
Expansion of On -Site Sale and Consumption of Beer and
Wine in to an existing restaurant (La Paz) for a Type 41
State of California Alcoholic Beverage Control License
Address: 514 Center Street, El Segundo, CA
Dear Mr. Mendez:
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
the Planning Division reviewed your application for the above - referenced
project and the Director of Planning and Building Safety Department
APPROVED Environmental Assessment No. EA -900 and Administrative
Use Permit No. 10 -11 for the on -site sale consumption of beer and wine at
an existing restaurant at 514 Center Street. The following are the findings
and facts in support of each finding for this decision:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. EA -900
Findino 1
The proposed project is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California
Code of Regulations § 15301 as a Class 3 categorical exemption (New
Construction or Conversion of Small Structures).
350 Main Street, El Segundo, CalKomia 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
Facts in Support of Finding 1
1. The applicant proposes to expand an existing 2,032 square -foot restaurant by
484 square feet by converting an existing adjacent use. The property is in an
urbanized development area where it has adequate access and all public
services and facilities are available. The block is currently developed as a
shopping center that includes restaurants, offices, and other retail uses, where
there is adequate access and all public services and facilities are available. The
site is in an area that is not environmentally sensitive. Therefore, the project is
not anticipated to have any significant impacts with regard to traffic, noise, air
quality, or water quality.
Administrative Use Permit 10 -11
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
1. The applicant proposes to provide on -site sale and consumption of beer and
wine inside La Paz restaurant and expand the alcohol use to the new 484
square -foot addition.
2. The location was previously granted a Type 47 ABC license to provide on -site
sale and consumption of alcohol at a restaurant. The license was transferred to
the current owners in 2005. The license to sell beer and wine at a restaurant
was then called Type 47 that is now reclassified as a Type 41 license.
3. There are 92 existing off - street parking spaces on the shopping center used for
restaurant, dentist office, residential, and other commercial uses. The combined
net area of all the uses in the shopping center is approximately 21,000 square
feet. The restaurant, including the 484- square foot addition converted from a
commercial retail use, requires a minimum of 25 parking spaces based on the
ratio of one parking space per 75 square feet of dining area. The 640 square -
foot back part of the restaurant which includes the kitchen require another 3
spaces for a total of 28 parking spaces. There is sufficient parking space for all
the uses on the shopping center including the expansion of the restaurant.
4. The General Plan Land Use designation for the site is Neighborhood
Commercial. The zoning for the site is Neighborhood Commercial (C -2). Sale of
alcohol is permitted in the Neighborhood Commercial (C -2) Zone with the
approval of an Administrative Use Permit.
2 x_'34
5. The Neighborhood Commercial (C -2) Zone permits, and the surrounding land
uses include: restaurant, commercial retail, medical office, and residential.
6. The applicant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of beer and wine (Type 41).
7. On January 27, 2011 the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
• The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Neighborhood
Commercial.
2. The zoning for the site is Neighborhood Commercial (C -2). The proposed use of
on -site sale and consumption of beer and wine requires an Administrative Use
Permit in accordance with ESMC § 15- 5B -4(B).
3. The purpose of the Neighborhood Commercial (C -2) Zone is to provide for
development of commercial establishments which serve a broad cross section of
the city and surrounding area. The proposed use is consistent with this purpose
of the zone in that sale of beer and wine is permitted in the Neighborhood
Commercial (C -2) Zone.
4. The proposed use is consistent with the Land Use Element in that the
Commercial Center Land Use Category is intended to permit a mixture of
community- serving retail, restaurants and other commercial service uses in an
integrated shopping center design to serve a broad cross - section of the City and
surrounding area.
5. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, and primarily within a mixed -use environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
7. The surrounding land uses include: commercial retail, restaurant, office, and
residential uses. The proposed sale of beer and wine will be compatible with the
surrounding uses.
j I •- C
L' J v
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
The sale of beer and wine will be located inside an existing commercial building
and will be constructed in accordance with all applicable codes and regulations.
The project proposes no structural change to the exterior of the building, building
envelope, parking or landscaping. Sufficient parking will be provided on -site in
compliance with ESMC Chapter 15 -15.
2. The surrounding land uses include commercial retail, restaurant, and residential
use. The proposed sale of beer and wine and the restaurant is a permitted use
within the C -2 Zone.
3. The proposed hours of operation are limited to 9:00 a.m. to 9:00 p.m. seven days
a week. The beer and wine will be throughout the restaurant dining areas
including the new 484 square -foot addition. No live entertainment is proposed.
The proposed sale of beer and wine will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
Finding 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
The sale of beer and wine will not create any new impacts that would not be
normally associated with the operation of a restaurant.
The proposed hours of operation and alcohol sales are limited from 9:00 a.m. to
9:00 p.m., seven days a week.
2. There are 92 existing off - street parking spaces on the shopping center used for
restaurant, dentist office, residential, and other commercial uses. The combined
net area of all the uses in the shopping center is approximately 21,000 square
feet. The restaurant, including the 484 - square foot addition converted from a
commercial retail use, requires a minimum of 25 parking spaces based on the
ratio of one parking space per 75 square feet of dining area. The 640 square -
foot back part of the restaurant which includes the kitchen require another 3
4 ��36
spaces for a total of 28 parking spaces. There is sufficient parking space for all
the uses on the shopping center including the expansion of the restaurant.
3. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Findlnq 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts In Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
The hours of operation to sell beer and wine are limited to: 9:00 a.m. to 9:00 p.m.
daily. Any change to the hours of operation or the hours that alcohol may be
served is subject to review and approval by the Director of Planning and Building
Safety.
2. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
3. Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23310 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
6. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
5 t_! 3 7
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
8. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
9. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
10. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
11. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people.
6 L'�
12. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of beer and wine, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
13. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
14. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
15. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 900 and Administrative Use Permit No. 10 -11. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -900 or AUP
10 -01, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City' includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its January 27, 2011 meeting. Please be advised that this does not conclude the
review process. The City Council will determine whether or not to protest the issuance
of the ABC License (Type 41) at its meeting on February 15, 2011.
Should you have any questions, please contact Bryan Fernandez, Assistant Planner, at
(310) 524 -2343.
Si
Greg C penti r, Director
Depa m nt of Planning and Building Safety
Cc: Victor Pelayo
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \878- 900 \EA - 900 \EA 900; AUP 10 -11 approval letter.doc
7 k- )39
EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request from the El Segundo Education
Foundation to waive the banner fees per El Segundo Municipal Code section 8 -8 -7 D 1
(Fiscal Impact: $1,780.00)
RECOMMENDED COUNCIL ACTION:
Approve the request to waive the user fees per El Segundo Municipal Code
Section 8 -8 -7 Dl.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Letter from the El Segundo Education Foundation
FISCAL IMPACT: Budget Adjustment Required
Amount Requested: $1,780.00 (requesting to be waived)
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, PuWorks Director 7�
APPROVED BY: Jack Wayt, City Manz
BACKGROUND AND DISCUSSION:
The City of El Segundo has been approached by Mr. Adam Aberman, Executive Director for El
Segundo Education Foundation requesting a fee waiver for the use of City banner Boles on Main
Street. The banners will celebrate the El Segundo Unified School District's 75` anniversary,
increase the visibility of the foundation and rally community support. The banners will be hung
at one of three locations on Main Street (300, 400 or 500 block) for ten (10) months starting in
March, 2011.
While the City does not have a formal banner policy, banners (and their locations) are generally
approved by the Public Works Department in accordance with El Segundo Municipal Code §15-
18-12. Persons placing such banners must pay the City $178 for hanging and removing each
banner. Fees proposed to be waived by the El Segundo Education Foundation equal $1,780.00
or $178.00 for each month.
,6—i
Edo' TM
El Segundo Education Foundation
Post Office Box 591
El Segundo, California 90245
310 615 2650 Ext, 229
OFFICERS:
CHAIRMAN
February 1, 2011
RICHARD C. LUNDQUIST
Continental Development Corporation
CHIEF FINANCIAL OFFICER
JAYNE PIMLOTT
Community Representative
SECRETARY
Bill Fisher
DUANE H. ESQ.
Representative Community Reprosen tative
City Councilman
BOARD OF DIRECTORS:
City of El Segundo
COMMUNITY REPRESENTATIVES
350 Main Street
ALEX ABAD
El Segundo, CA 90245
ROBERT H. BERKES, ESQ.
BARBARA BRINEY
AUGUST W. CAIMI, ESQ.
Dear Councilman Fisher:
BILL FISHER
MARSHA HANSEN
BETH HAPKE
Throughout 2011, the El Segundo Education Foundation be
JOE HARDING
LINDA JOHNSON
will celebrating
the El Segundo Unified School District's 751h anniversary. The Foundation will
LAURA KIGAWA
be rallying the entire community to support El Segundo schools to help close
TAMMY LONG
the school district's budget deficit to keep
BRENDA
and El Segundo schools among the
best in California.
MARIOLEIN AKL
OAKL EY
JULIE PARRINO
MICHELE A, ROGERS, D.D.
CHRISTINE SHERRILL
The Foundation has an extensive marketing plan to help increase the visibility
EDWARD SU
of the Foundation and the support from the community. Beginning in March
SUSAN TRUAX
2011, the Foundation would like to hang a banner every
CORPORATE REPRESENTATIVES
CRAIG
month at various
locations throughout the City through 2011. The Foundation is requesting the
Chevron
Chevron Products Company
City of El Segundo waive the $178 banner fee for each banner hanging which
OA
MEBteR;ncDICOCHEA
would ultimately help increase funding to the school district.
REBECCA FRIEDMAN
Xerox Corporation
ALKEAHI
Thank you for considering this request.
AMI Services, Inc.
LAURA M. KIRKPATRICK
Northrop Grumman Corporation
Sincerely,
TAMIKA LANG
The Boeing Company
CAMERONNE MOSHER
Citizens Business Bank
�--
ED MYSKA
Grandpoint Bank
YESCENI
Adam Aberman
RAMIREZ
Raytheon
Executive Director
KEITH RICHARDS
El Segundo Power, LLC
El Segundo Education Foundation
RONALD E. SWANSON
S & S Hardware Company, Inc,
a ewersirnt
WILLIAM (BILL) D. SUE
FLOYD CARR, )R.
SAM DOUGLASS
WM. T. ;BILL MASON
SCOTT HARPE
SCHOOL DISTRICT LZAZ ONSr
GEOFF YANTZ
Superintendent
El Segundo Unified School District
ROBIN FUNK
Representative, Board of Education
El Segundo Unified School District
CITY COUNCIL LIAISON;
ERIC BUSCH
Mayor
City of El Segundo
EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve a change order with Matthew and Stewart
Company, Inc. for the repair of a 8 -inch diameter sanitary sewer pipe at the intersection
of Virginia Street and Walnut Ave.
(Fiscal Impact: $34,116.22)
RECOMMENDED COUNCIL ACTION:
Authorize the City Manager to approve a payment in the amount of $34,116.22
with Matthew and Stewart Company, Inc., for the removal and replacement of a
8" verified clay pipe and damaged asphalt.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $34,116.22
Additional Appropriation: Yes
Account Number(s): 502- 400 - 8204 -8317
ORIGINATED BY: Maryam M. Jonas, Principal Engineer Vq
REVIEWED BY: Stephanie Katsouleas, Public, Works Director
APPROVED BY: Jack Wayt, City Mana
BACKGROUND AND DISCUSSION:
On October 14, 2010, the Public Works Department was notified by the City's CCTV contractor,
Advanced Sewer Technologies that it noticed a sewer pipe segment under the intersection of
Virginia Street and Walnut Avenue that had a hole in the bottom and side of the pipe. Soil and
void were both visible through the hole in the pipe. Upon inspection by the City staff, it was
apparent that the hole and other severely cracked sections of the pipe required immediate repair.
On April 2010, the City awarded a contract to Matthew and Stewart Company (MASCO), Inc.
for the replacement of sanitary sewer mains at various locations throughout the Smoky Hollow
area, a project that was partially funded through a grant from the Environmental Protection
Agency (EPA). In accordance with § 3 -2.1 of the Standard Specifications for Public Works
Construction, which is incorporated into the City's standard public works contract, additional
work can be initiated by the agency as the low bidder. Because of the health and safety concerns
regarding the pipe, and the need for immediate action, MASCO was hired to repair the broken
pipe on Virginia Street as a change order to its contract. Because the Virginia Street repair was
a
s ;,
outside of the scope of the original contract, EPA funds cannot be used to pay for the work on
Virginia Street.
The work performed by MASCO included removal of the damaged pipe and asphalt,
replacement of the 8" verified clay pipe, compaction of the soil, installation of new pavement
and traffic control. The pipe installation was completed on November 5, 2010 and the final
paving was completed on December 23, 2010. Funds are available from the Sewer Capital
Improvements project through the Sewer Enterprise Fund.
c
EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the Fiscal Year 2009 -2010 Yearend report
and FY 2010 -2011 First Quarter Financial Review. (Fiscal Impact: none)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file FY 2009 -2010 Yearend and FY 2010 -2011 First Quarter Financial
Review.
(2) FY 2009 -2010 -- Reduce the scheduled transfer from the Economic Uncertainty Fund
from $750,000 to $250,000.
(3) FY 2010 -2011 -- Cancel the budgeted item from the Other Post Employment Benefit
(OPEB) Trust drawdown of $750,000 and, alternatively, use a portion of the proceeds
from the sale of Fire Station #2 in the Economic Uncertainty Fund to help balance the FY
2010 -2011 Budget.
(4) Alternatively discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): none
ORIGINATED BY: Angelina Garcia, Fiscal Services Ma ager
REVIEWED BY: Deborah Cullen, Director ' ance
APPROVED BY: Jack Wayt, City Manag9(A' )
BACKGROUND AND DISCUSSION:
Fiscal Year 2009 -2010 Yearend
General Fund Revenues and Expenditures
At the FY 2009 -2010 third quarter review staff had projected that the General Fund would need
an additional $750,000 in transfers from the Economic Uncertainty Fund to help reduce the
yearend deficit and maintain the 20% fund policy. Based on the actual yearend revenues and
expenditures, staff is recommending reducing that transfer to $250,000 which is sufficient for the
City to maintain the General Fund Undesignated/Unreserved Fund Policy of 20% or
n
r
L� �
$11,202,040. The yearend numbers as reported are "unaudited" and may change slightly once
the FY 2009 -2010 financial audit is completed in April 2011. Uses for the balance in the
Economic Uncertainty Fund will be brought forward during the FY 2011 -2012 Strategic
Planning Session.
General Fund Expenditures ended the year 8.2% below budget. This was accomplished through
cost - saving measures implemented early in Fiscal Year 2009 -2010.
The following actions were implemented to reduce expenditures:
• A retirement incentive was offered in October 2009 and 14 employees opted to retire
effective January 2010. Many of those positions have remained vacant or are being
filled with part-time employees with no benefits provided;
• A continued hiring freeze was instituted for all vacancies. For nine months of the FY
2009 -2010, 34 positions remained frozen. Only critical positions were filled with the
approval of the City Manager;
• By not backfilling fire personnel who are absent due to illness or vacation, a significant
savings in overtime expense was achieved. The first reduction in October 2009 was
from 19 constant manning to 17 and then in January 2010 staffing levels were further
reduced to daily staffing of 14;
• Meetings were held with the City's bargaining groups to discuss the current financial
challenges and the prospect of employee concessions;
• Non personnel expenditures were reduced.
As a result of these measures, expenditures came in $5,110,600 under the adopted budget. The
following two tables show the General Fund's revenues and expenditures for FY 2009 -2010.
0
Table 1— FY 2009 -2010 Yearend Revenues — Budget v. Actual
Revenue Source
FY 2009 -2010
Adopted Budget
FY 2009 -2010
Year -end
(Unaudited)
$ Variance -
2009 -2010 Budget
v. Year -end
% Variance -
2009 -2010
Budget Y.
Year -end
Business License
8,995,900
9,305,100
309,200
3.44%
Sales & Use Tax
9,315,000
7,230,750
(2,084,250)
- 22.38%
Sales Tax in Lieu
3,742,900
2,837,200
(905,700)
- 24.20%
Property Tax
6,350,000
6,291,150
(58,850)
- 0.93%
Transient Occupancy (TOT)
4,450,000
4,109,600
(340,400)
- 7.65%
Charges for Services
3,562,700
3,238,550
(324,150)
- 9.10%
Electric Utility Tax
3,750,000
3,374,100
(375,900)
- 10.02%
Franchise Tax
3,700,000
2,327,650
(1,372,350)
- 37.09%
Cogenerated Electric
2,100,000
1,290,400
(809,600)
- 38.55%
License & Permits
1,191,100
1,079,950
(111,150)
- 9.33%
Gas Utility Tax
1,650,000
1,107,450
(542,550)
- 32.88%
Interest on Investments
1,300,000
836,000
(464,000)
- 35.69%
Other Revenues
4,491,150
4,267,300
(223,850)
- 4.98%
Total General Fund Revenues
Net of Transfers
54,598,750
47,295,200
(7,303,550)
- 13.39%
Transfers In
7,729,650
8,207,150
477,500
6.18%
Total General Fund Revenues
62,328,400
55,502,350
(6,826,050)
- 10.95%
Table 2 — FY 2009 -2010 Yearend Expenditures — Budget v. Actual
Department
Budget
Fiscal Year
2009 -2010
FY 2009 -2010
Year -end
Estimate
$ Savings
(increases) -
2009 -2010
Budget v. Year-
end
% Savings
(increases) - 2009 -
2010 Budget v.
Year -end
Elected Officials
$924,900
828,000
96,900
10.48%
Administrative Support
5,815,050
5,177,950
637,100
10.96%
Police
16,325,720
15,356,000
969,720
5.94%
Fire
15,706,900
13,591,650
2,115,250
13.47%
Communications Center
2,337,050
1,802,450
534,600
22.87%
Planning /Building Safety
3,577,850
2,341,400
1,236,450
34.56%
Public Works
6,104,830
5,296,750
808,080
13.24%
Recreation and Parks
4,610,400
4,509,100
101,300
2.20%
Library
2,296,450
2,110,000
186,450
8.12%
Nondepartment
4,128,250
6,053,500
- 1,925,250
- 46.64%
Transfers to Other Funds
501,000
151,000
350,000
69.86%
Total General Fund
Expenditures
$62,328,400
57,217,800
5,110,600
8.20%
+_� ` 6
First Quarter Financial Review Fiscal Year 2010 -2011
Staff has reviewed all revenues and expenditures for the first quarter of Fiscal Year 2010 -2011,
with an emphasis on the General Fund, to determine if all sources and uses are on target with the
originally adopted budget.
In these uncertain financial times it is extremely difficult to estimate budgetary goals with only
one quarter of results but in analyzing the revenues for the first quarter compared to historical
averages of the last 7 fiscal years most revenue streams were tracking fairly close with historical
averages with the exception of Gas and Cogenerated Electric Utility User Taxes. While
adjustments were made in the FY 2010-2011 adopted budget, the sluggish economy is continuing
to impact these key revenues. The following actions were put in place during FY 2009 -2010 and
are continuing through FY 2010 -2011:
• All employees in the City have taken a 12% reduction in salaries through the end of the
fiscal year.
• 14 additional employees retired during the first quarter of FY 2010 -2011, which brings
the total vacancies to 46. Many of those positions will remain vacant or filled with part
time employees with no benefits. Approval to fill vacant positions is at the discretion of
the City Manager and only critical positions will be considered;
• Staff has been asked to review all consulting contracts and have made significant
reductions over the past several years;
• By not backfilling fire personnel who are absent due to illness or vacation, a significant
savings in overtime expense was achieved. The first reduction in October 2009 was
from 19 constant manning to 17 and then in January 2010 staffing levels were further
reduced to daily staffing of 14;
The revenue outlook is very guarded and expenditure reductions, most of which are temporary,
are still the City's main focus for meeting budget targets. The City is still facing a structural
deficit with no new revenue growth projected. There will be more analysis performed after the
Midyear Review and presented at the FY 2011 -2012 Strategic Planning Session.
� r�
General Fund Revenues
General Fund revenues through the end of the first quarter are at 17.65% of total FY 2010 -2011
budget. The following is a list of major General Fund revenues, and the performance of each
source through the first quarter:
it anle 3 — k Y lulu -Lul l Kevenues — IN first Uuarter
Revenue Source
Prior Year
QI
FY 2009-
2010
Current Year
Ql FY 2010-
2011
Variance to
Prior QTR
Over/
(Under)
% change
to SPLY*
Adopted
Budget FY
2010 -2011
%
Received
Q1 FY
2010-
2011
% Received
Ql
Historically
Business License
$ 549,102
554,544
5,442
0.99%
10,043,000
5.52%
6.82%
Sales & Use Tax
2,156,182
1,724,513
(431,669)
- 20.02%
8,185,000
21.07%
27.42%
Sales Tax in Lieu
-
-
0.00 %
2,400,000
0.00%
0.00%
Property Tax
2,477,684
2,205,739
(271,945)
- 10.98%
6,188,800
35.64%
39.54%
Transient Occupancy (TOT)
990,346
772,933
(217,413)
- 21.95%
3,890,000
19.87%
29.74%
Charges for Services
757,927
924,874
166,947
22.03%
3,510,850
26.34%
24.69%
Electric Utility Tax
838,501
1,010,594
172,093
20.52%
3,348,000
30.19%
35.09%
Franchise Tax
73,419
80,000
6,581
8.96%
2,350,000
3.40%
2.92%
Cogenerated Electric
368,056
226,752
(141,304)
- 38.39%
1,400,000
16.20%
29.56%
License & Permits
364,749
322,698
(42,051)
- 11.53%
1,343,100
24.03%
27.15%
Gas Utility Tax
349,046
127,558
(221,488)
- 63.46%
1,500,000
8.50%
26.02%
Interest on Investments
317,552
160,353
(157,199)
- 49.50%
775,000
20.69%
32.48%
Other Revenues
200,734
595,422
394,688
196.62%
4,393,800
13.55%
20.27%
Total General Fund Revenues
Net of Transfers
9,443,298
8,705,980
(737,318)
- 7.81%
49,327,550
17.65%
23.21%
Drawdown of OPEB Trust -
Transfers In 1,932,426
Total General Fund Revenues $ 11,375,724
SPLY — Same period last year
M
9,339,980 N
750,000 0.00% -
- 54.25% 2,336,000 27.14% 25.00%
- 15.70% 52,413,550 17.82% 23.34%
Sales & Use Tax generates approximately $8 million annually and is the City's second largest
revenue source. As of December 31, 2010, sales tax revenue had a total decrease of $431,669 or
20.0% decline compared to the prior year's first quarter with 21.1% of budget received. The first
quarter's sales tax receipts indicate the sixth quarter in a row of negative revenue growth. Los
Angeles County increased 3.7% and Southern California as a whole was up 4.0% compared to
the same quarter last year. Business and industry tax revenues were down 1.4% to the same
period last year plus a drop in refinery capital expenditures and a misallocation correction
totaling $314,000 were primarily responsible for the decrease.
Business License Tax is the City's largest General Fund revenue source, accounting for 18% of
total revenues. The majority of this revenue stream is collected in January and February, and
based on the preliminary numbers though the end of January this category is on target to meet
the annual budget.
Property Tax is currently 11% or $271,945 under the same period last year. Based on
Proposition 13 a negative CPI of 2% was assessed for calendar year 2010 so the City has
experienced a reduction to the same period last year but is still on target to meet the FY 2010-
2011 budget.
Transient Occupancy Tax (TOT) is currently 22% or $217,413 below the same period last
year, with 19.9% of budget received. This revenue is still very sensitive to the overall economy
but appears to be rebounding slightly compared to the last three quarters of FY 2009 -2010. At
this time TOT seems to be on target to meet budget. Staff will continue to monitor and report
any changes due to the economic conditions at mid -year.
Cogenerated Electric is 38.4% or $141,304 lower than the same period last year with 16.4% of
budget received. The fluctuation of the price of natural gas is the biggest impact affecting the
price per megawatt hour. Staff has been told that production is approximately the same as first
quarter last year.
Electric Utility Users Tax is 20.52% or $172,093 higher than the same period last year.
Additionally, 30.2% of revenue has been received and it is projected that this revenue source will
continue a strong performance to budget through this fiscal year.
Franchise Tax is currently on target when compared to the same period last year. The City has
received 3.4% of total revenues in the first quarter, with the majority of this revenue coming
from two payments that are received in April. The budget was reduced based on the fluctuation
of the price of natural gas and staff still expects this revenue to be on target to meet budget at
yearend.
t_ 4
Gas Utility Tax is currently at 8.5% of budget received and down 63.46% compared to the same
period last year. The primary factors for the decline are the price of natural gas which is down
13% compared to the same quarter last year and usage at the power plant is down approximately
85% compared to same period last year. This decline is significant and more than was originally
forecasted during the budget process. Historically, the City receives 26% in the first quarter so if
this revenue continues this trend it is anticipated that Gas Utility Tax will not meet budget at
yearend.
General Fund Expenditures
The General Fund expenditures through December 31", 2010 are trending on budget and are
above prior year first quarter results by 2.7% due to increases in workers compensation charges
primarily in safety. The following is an analysis of General Fund expenditures by major
categories:
Elected Officials and Administrative Support Services
This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's
office, Finance and Human Resources, is currently on target with budget.
Nondepartment
Nondepartment expenditures are currently on target with budget.
Public Safety
The Fire Department in total is on target with budget. First - quarter expenditures totaled
$3,795,121 or 27.63% of budget. The expenditure percentage trending remains the same in
comparison to the same period last year.
The Police Department in total is on target with budget. First - quarter expenditures totaled
$4,526,375 or 28.9% of budget. The expenditure percentage trending is slightly higher in
comparison to the same period last year.
Both safety groups have been impacted by a significant increase in workers compensation costs.
The result is an increase in the charges incurred by these two departments. We should also note
that the first quarter expenditures take into account only a portion of the 12% concessions that
were agreed to by members of these unions. We should expect to see higher expenditure savings
within these two departments in the following quarters.
Planning and Building Safety
Expenditures for the first quarter are $522,690 or 20.71% of the budget. This department
continues to adjust staff with consultant resources which will enable them to reduce expenditures
if necessary due to the uncertain economic conditions.
Public Works
This function's General Fund divisions consist of Government Buildings, Engineering, Street
Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains,
Equipment Maintenance and Administration. At the end of the first quarter this department is on
target with actual expenditures at $1,133,058 or 21.20% of budget.
Recreational, Cultural and Information Services
The Recreation, Cultural and Information Services function includes the Recreation and Parks
Department and the Library Department.
At the end of the first quarter the Recreation and Parks department is right on target with actual
expenditures at $1,034,593 or 23.57% of budget. Currently, the Parks Division is $572,263 or
23.95% of budget and the Recreation Division is $462,330 or 23.12% of budget.
Library Services is on target with budget at $526,503 or 23.32% of expenditures realized though
the first quarter.
Summary
With 25% of the fiscal year complete, General Fund expenditures are at 25.82% of budget and
are generally on target. Year -to -date expenditures have increased 2.7% or $380,724 over the
same period last year due to increased workers compensation costs.
Based on balances at budget adoption staff had recommended drawing down $750,000 from the
OPEB Trust to help balance the FY 2010 -2011 budget. The sale of Fire Station #2 netted $1.5
million, which was deposited into the Economic Uncertainty Fund. Staff recommends canceling
the scheduled draw down from the OPEB Trust and withdraw the $750,000 from the Economic
Uncertainty Fund.
Expenditures and revenues in all other funds appear to be on target with budget.
-' S1
EL SEGUNDO CITY COUNCIL MEETING DATE: February 15, 2011
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding an initiative (the "Initiative ") amending the
El Segundo Municipal Code to transfer all functions of the El Segundo Fire Department
to the Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles
County Fire Department). (Fiscal Impact: Unknown)
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution certifying the Initiative as qualifying for the ballot.
2. OPTION ONE: Adopt Resolutions calling for a special election and requesting that
the Los Angeles County Board of Supervisors provide election services to the City
regarding the Initiative; consider adopting Resolutions regarding ballot arguments, City
Attorney impartial analysis and rebuttal arguments;
3. OPTION TWO: Adopt Resolutions calling for a regular election and consider
adopting Resolutions regarding ballot arguments, City Attorney impartial analysis and
rebuttal arguments;
4. OPTION THREE: Adopt the Ordinance or schedule a Council Meeting within 10 days
and consider adopting the Ordinance at that meeting;
5. Take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
January 18, 2011 Staff Report
Resolution certifying the Initiative as qualifying for the ballot
Resolutions for Special and General Elections
Ordinance for adoption on Initiative
FISCAL IMPACT: Undetermined
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s): �n
ORIGINATED BY: Cindy Mortesen, City Clerk
REVIEWED BY: Mark Hensley, City Attorney
APPROVED BY: Jack Wayt, City Managqll�\,
BACKGROUND AND DISCUSSION:
At the meeting of January 18, Council requested the City Clerk return with cost estimates
regarding the different election (special and general elections) options available to the Council
for submitting the Initiative amending the El Segundo Municipal Code to transfer all functions of
n
the El Segundo Fire Department to the Consolidated Fire Protection District of Los Angeles
County to the voters. The Council also directed the City Attorney's Office to provide a report
regarding what would likely happen if there was another petition circulated and submitted to the
Council that required the City to transfer fire protection services to the County that included a
request for a special election (the current initiative contains no such request).
Currently, neither the County of Los Angeles nor the Secretary of State have called an election
for June 7, 2011. It was just reported in the newspaper that Congress Woman Jane Harman will
likely be resigning and that a Special Election will be conducted to fill her seat if she resigns.
That being said, the Council is required by law to take action on the initiative and may not call an
election for consolidation with an election that has not been scheduled.
Council's alternatives at this time are to direct a "Stand Alone" Special election to be scheduled
for between May 14, 2011 and May 30, 2011 (May 17 or 24) or place it on the General
Municipal election in April of 2012. A "Stand Alone" Special would cost a maximum of $60,000
to conduct. This is an estimate based on the April 2010 election with a small percentage
increase. The costs for placing this issue on the ballot in April of 2012 are negligible. The only
"hard" costs associated with the measure are the costs per page for the sample ballot.
There were statements made during the last Council Meeting that potentially another initiative
petition could be circulated and submitted that would include a request for a special election. It
is presumed that the intent of submitting such a petition would be to require that the Council call
a Special Meeting.
If the City Council chooses to place the Fire Petition on the ballot for a special or regular
election, rather than adopt the initiative by ordinance, the issue of transferring fire services to the
County cannot be considered at a special election held within 12 months of that election.' For
example, if the Fire Petition is placed upon the ballot for the regular election in April 2012, the
same issue cannot be placed on a ballot between April 2011 and April 2013. Consequently, it is
unlikely that any initiative petition related to the subject matter of transferring fire services from
the City to the County circulated during 2011 could qualify, based upon the current set of
circumstances, for the ballot during such time period.
` Elections Code § 9218 ( "the same subject matter shall not be voted upon twice within any 12 -month period at a
special election "; emphasis added); see Referendum Committee of Hermosa Beach v. City of Hermosa Beach (1986)
184 Cal.App.3d 152 (the Elections Code does not prevent a referendum election occurring within 12 months of an
initiative election).
EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2011
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding an initiative (the "Initiative ") amending the El
Segundo Municipal Code to transfer all functions of the El Segundo Fire Department to the
Consolidated Fire Protection District of Los Angeles County (aka the Los Angeles County Fire
Department). (Fiscal Impact: Unknown)
RECOMMENDED COUNCIL ACTION:
Adopt a resolution certifying the Initiative as qualifying for the ballot.
2. OPTION ONE: Adopt Resolutions calling for a special election regarding the Initiative,
and consider adoption of Resolutions regarding ballot arguments, City Attorney impartial
analysis and rebuttal arguments;
3. OPTION TWO: Adopt Resolutions calling for a regular election and consider adoption of
Resolutions regarding ballot arguments, City Attorney impartial analysis and rebuttal arguments;
4. OPTION THREE: Adopt the Ordinance or schedule a Council Meeting within 10 days
and consider Adoption of the Ordinance at that meeting;
5. OPTION FOUR: Continue consideration of the actions set forth in 2, 3 and 4 above, for a
period not to exceed 30 calendar days, to a regular Council Meeting and request Staff to prepare
a report pursuant to Elections Code § 9212.
6. Take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
1. Certification of the results of signature verification
2. Los Angeles County letter of verification
3. Resolution certifying the Initiative as qualifying for the ballot
4. Resolution giving notice of a Special or Regular Municipal Election
5. Resolution directing the City Attorney to prepare an impartial analysis
6. Resolution setting priorities for filing written arguments
7. Resolution requesting services from the Board of Supervisors
8. Ordinance amending the Municipal Code
FISCAL IMPACT: Undetermined
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Cindy Mortesen, City Clerk
REVIEWED BY: Mark Hensley, City Attorney
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
The Initiative Process
On May 13, 2010, Mr. Bryan Partlow requested a title and summary for a proposed
initiative and a Notice of Intent to Circulate a Petition. The Notice was subsequently
published in the El Segundo Herald on May 27, 2010. The City Attorney prepared the
Title and Summary and it was provided to Mr. Partlow on May 20, 2010. Mr. Partlow
began the collection of signatures. Elections Code Sections 9207 and 9208 address the
time frame for collecting of signatures. The petitions were filed with the City Clerk's
office on November 10, 2010.
The City Clerk, as the elections official, determined on April 9, 2010 the number of
registered voters in the City of El Segundo was 10,749. Upon examination of the
petitions when filed it was determined that a total of 2260 signatures were gathered.
The Los Angeles County Registrar Recorder performed a random sampling of the
petitions as authorized by Elections Code § 8084 and on December 13, 2010 reported
to the City Clerk that of the number of signatures filed, the projected number of valid
signatures is 2,039. This number is in excess of the required 15% (1,612). This number
is reached by sampling 500 signatures, of that 500, 451 were determined sufficient 451
divided by 500 equals 90.2 %. 90.2% of 2260 projects to 2,039 valid signatures.
Elections Code § 9214 allows for a Special Election to be called by the Council if the
proponents have collected not less than 15% of the voters of the city and the initiative
contains a request that the ordinance be submitted immediately to a vote of the people
at a special election. The Initiative does not contain such a request for a special
election. Consequently, the City is not required to hold a special election. However, the
City Council may (if it chooses) call for a special election and place the matter on the
ballot. Alternatively, the City Council may place the Initiative on the ballot for the next
regular election.
Election Process /Decisions
Pursuant to Elections Code § 9214 Council may potentially set the Initiative for a special
election within 88 to 103 days from the date that the Council decides to set the matter
for election. Accordingly, should the Council take action on this item tonight, a Special
Election could be held on the following dates: April 19, 2011 or April 26, 2011. In
accordance with Elections Code § 1405, a special election could also be consolidated
with the countywide primary election scheduled for June 7, 2011. The cost of a Stand
Alone Special Election is approximately $60,000, a cost for a consolidated election is
not available at this time. The next regular municipal election is scheduled for April 10,
2012.
In the event the Council desires to set the Initiative for an election, Staff has prepared
the necessary Resolutions relating to the calling of the election, ordering the City
Attorney to prepare the Impartial City Attorney's Analysis, and allowing for rebuttal
arguments. Additionally, a Resolution has been prepared which allows for the Council
to designate Council Members to prepare arguments against the Initiative.
Elections Code § 9219 allows the Council to designate Council Members to submit
argument against the Initiative. The Council does not have to make such a designation.
The Council may, but is not obligated to, provide for; (1) the filing of rebuttal arguments
to the initial arguments in favor of and against the Initiative; and, (2) the preparation of
an Impartial City Attorney Analysis of the Initiative.
Adoption of the Initiative as an Ordinance
Elections Code § 9214 allows the Council to adopt the Initiative as an Ordinance at this
meeting or within 10 calendar days of this meeting. If the Council adopts the Initiative
as an Ordinance it will have the same effect as though it were adopted by the voters.
The Council will not be able amend or repeal the Ordinance. Rather, such could only
be accomplished by another properly certified initiative petition adopted by the Council
or the voters.
Report Ordered by the Council
Elections Code § 9212, allows for Council to refer the proposed initiative measure to
any city agency or agencies for a report on any or all of the following:
1. Its fiscal impact;
2. Its effect on the internal consistency of the city's general and specific plans;
3. Its effect on the use of land;
4. Its impact on funding for infrastructure of all types;
5. Its impact on the community's ability to attract and retain business and
employment;
6. Its impact on the uses of vacant parcel of land;
7. Its impact on agricultural lands; open space, traffic congestion, existing business
district, and developed areas designated for revitalization;
8. Any other matters the legislative body requests to be in the report.
The report shall be presented to the legislative body within the time prescribed by the
Council, but no later than 30 days after the elections official certifies to the legislative
body the sufficient of the petition.
t
RESOLUTION NO.
A RESOLUTION CERTIFYING THAT AN INITIATIVE ENTITLED
AN INITIATIVE AMENDING THE EL SEGUNDO MUNICIPAL
CODE TO TRANSFER ALL FUNCTIONS OF THE EL SEGUNDO
FIRE DEPARTMENT TO THE CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY (AKA
THE LOS ANGELES COUNTY FIRE DEPARTMENT) QUALIFIES
FOR THE BALLOT.
The City Council of the city of El Segundo resolves as follows:
SECTION 1: The City Council finds as follows:
A. On November 15, 2010, proponents of an initiative entitled "AN
INITIATIVE AMENDING THE EL SEGUNDO MUNICIPAL CODE TO
TRANSFER ALL FUNCTIONS OF THE EL SEGUNDO FIRE
DEPARTMENT TO THE CONSOLIDATED FIRE PROTECTION
DISTRICT OF LOS ANGELES COUNTY (AKA THE LOS ANGELES
COUNTY FIRE DEPARTMENT)" ( "Initiative ") submitted petitions to the
City Clerk for signature verification;
B. On or about December 29, 2010, the City Clerk certified the Initiative
as qualifying for the ballot including, without limitation, having signatures
from not less than fifteen percent (15 %) of the City's voters;
C. In accordance with Elections Code § 9214, the Initiative has sufficient
signatures for a special election. However, the Initiative did not request a
special election as required by Elections Code § 9214; and
D. Elections Code § 9214 requires (1) that the City Council, if it chooses,
adopt an ordinance proposed by a qualified initiative; (2) place the
proposed ordinance on the ballot; or (3) ask for a report on the effects of
the proposed ordinance.
SECTION 2: Based upon the foregoing, the Initiative qualifies for an election. If
approved by a separately adopted City Council resolution, the City Clerk is
directed to place the Initiative on the ballot for the [special or regular]
municipal election.
i
SECTION 3: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 18th day of January, 2011.
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, C
APPROVED
MARK D. HE
By:
® / tr '
Ka s nt City Attorney
2
%j 4j
RESOLUTION NO.
A RESOLUTION CALLING A [SPECIAL OR REGULAR] MUNICIPAL
ELECTION ON PURSUANT TO ELECTIONS
CODE § 1410.
The City Council of the city of El Segundo resolves as follows:
SECTION 1: Pursuant to Elections Code § 1410, the City Council calls for a [special or
regular] municipal election to be held in the City of El Segundo on for the
purpose of voting on an initiative. '
SECTION 2: Pursuant to Elections Code § 13120 the exact form of the questions to be voted on
at the election as they should appear on the ballot are as follows:
MEASURE P
SHALL THE ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL Yes ❑
CODE TO TRANSFER ALL FUNCTIONS OF THE EL SEGUNDO FIRE
DEPARTMENT TO THE CONSOLIDATED FIRE PROTECTION No ❑
DISWTRICT OF LOS ANGELES COUNTY (AKA THE LOS ANGELES
COUNTY FIRE DEPARTMENT) BE ADOPTED?
SECTION 3: The polls will open at 7 a.m. on election day and remain open until 8 p.m.
SECTION 4: El Segundo City Hall, located at 350 Main Street in El Segundo, is designated the
Central Counting Place where all ballots of the election will be tallied.
SECTION 5: The City Clerk is authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that
may be necessary in order to properly and lawfully conduct the election.
SECTION 6: This Resolution will become effective immediately upon adoption.
ATTEST:
Cindy Mortesen, City
APPROVED A
Mark D. Hensl ,
PASSED AND ADOPTED this 15th day of February, 2011
Karl Berger, Assistot City Attorney
-2-
Eric Busch, Mayor
i_ 6 U
RESOLUTION NO.
A RESOLUTION REQUESTING THAT THE LOS ANGELES COUNTY BOARD
OF SUPERVISORS PROVIDE ELECTION SERVICES TO THE CITY FOR THE
SPECIAL ELECTION.
The City Council of the city of El Segundo resolves as follows:
SECTION 1: Pursuant to Elections Code § 10002, the City Council requests that the Los
Angeles County Board of Supervisors assist the City with its special election scheduled for
SECTION 2: The services requested by the City include the following:
A. Computer records of the names and addresses of all eligible registered voters in the
City;
B. Provide additional election equipment and assistance to the City in accordance with
California law.
SECTION 3: The City will reimburse Los Angeles County for services performed pursuant to
this request and upon the City's receipt of a County invoice.
SECTION 4: The City Clerk is directed to forward a certified copy of this Resolution to the Los
Angeles Board of Supervisors and the Los Angeles County Clerk's office.
SECTION 5: The City Clerk is directed to certify and adopted of this Resolution; record this
Resolution in the book of the City's original resolutions, and make a minute of this adoption of
the Resolution in the City Council's records and the minutes of this meeting.
SECTION 6: This Resolution will become effective immediately upon adoption and remain
effective unless repealed or superseded.
PASSED AND ADOPTED this 15th day of February, 2011
Eric Busch, Mayor
ATTEST:
Cindy Mortesen,
APPROVED AS�TO
Mark D. Hensl99, 9
By:
KqA H. Berger, A§ i, ant City Attorney
_�61
RESOLUTION NO.
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT
ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH
VOTER INFORMATION FOR AN ELECTION ON
The City Council of the city of El Segundo resolves as follows:
SECTION 1: Pursuant to Elections Code § 9281, qualified voters may submit arguments for
and against the ballot measures, in addition to rebuttal arguments, for the
election on forms provided by the City Clerk.
SECTION 2: Arguments filed in accordance with this Resolution must comply with the
following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286:
A. Arguments must be in writing and not exceed three hundred (300) words except for
rebuttal argument which may not exceed two hundred and fifty (250) words;
B. Arguments may be submitted by the City Council; any councilmember authorized to
submit an argument by the City Council; any individual voter eligible to vote on the
measures; any bona fide association of citizens; or any combination of voters and
associations;
C. Arguments must be typewritten in at least a 12 point font;
D. Arguments may not include underlining, italics, asterisks, or other, similar, type of
formatting;
E. Arguments must be accompanied by the printed name and signature or printed
names and signatures of the person or persons submitting it, or, if submitted on
behalf of an organization, the name of the organization and the printed name and
signature of at least one of its principal officers.
F. If more than five (5) signatures accompany an argument, only the first five (5) will be
printed.
G. Arguments for or against the ballot measures must be received in the City Clerk's
office not later than Rebuttal arguments must be received
not later than
-1-
SECTION 4: Pursuant to 42 U.S.C. § 1973aa -1 a., the City Clerk will:
A. Translate all ballot arguments into Spanish;
B. Make translated copies of ballot arguments publicly available;
SECTION 5: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 6: This Resolution will become effective immediately upon adoption.
ATTEST:
Cindy Mortesen, City C
APPROVED AS /,TO
Mark D. Hensl yy
By:
Karl H. Berger,
Assistant City i
PASSED AND ADOPTED this 15th day of February, 2011.
-2-
Eric Busch, Mayor
�_�63
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE BALLOT MEASURE REGARDING
AMENDING THE EL SEGUNDO MUNICIPAL CODE TO TRANSFER
ALL FUNCTIONS OF THE EL SEGUNDO FIRE DEPARTMENT TO THE
CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES
COUNTY (AKA THE LOS ANGELES COUNTY FIRE DEPARTMENT).
The City Council of the city of El Segundo resolves as follows:
SECTION 1: Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a
copy of the ballot measure regarding amending the El Segundo Municipal Code to
transfer all functions of the El Segundo fire Department to the Consolidated Fire
Protection District of Los Angels County (AKA the Los Angeles County Fire Department)
to the City Attorney for an impartial analysis.
SECTION 2: Upon receiving the ballot measure, the City Attorney is directed to prepare
an impartial analysis of the measure showing its effect, if any, on existing law and the
operation of the measures. Such analysis must not be more than 500 words.
SECTION 3: The City Clerk is directed to have the City Attorney's analysis printed
before the arguments for and against the measures. Immediately below the impartial
analysis, in not less than 10 point bold type, the City Clerk should have the following
language printed: "The above statement is an impartial analysis of Measure P. If you
desire a copy of the legislation affected by this measure, please call the City Clerk's
office at (310) 524 -2307 and a copy will be mailed at no cost to you."
SECTION 4: This Resolution will remain effective until superseded by a subsequent
resolution.
A
I .i 1-t
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 15th day of February, 2011.
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
Approved as to
Mark D. Hen §l )$y,
By:
Ka Berger, Assista ity Attorney
�
ob 17
ORDINANCE NO.
AN ORDINANCE ADOPTING AN INITIATIVE AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO TRANSFER ALL FUNCTIONS OF
THE EL SEGUNDO FIRE DEPARTMENT TO THE CONSOLIDATED
FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY (AKA THE
LOS ANGELES COUNTY FIRE DEPARTMENT) IN ACCORDANCE
WITH ELECTIONS CODE § 9214(A).
The city council of the city of El Segundo does ordain as follows:
SECTION 1: In accordance with Elections Code § 9214(A), the City Council adopts the
initiative attached as Exhibit 'A" and incorporated by reference, submitted by the
people.
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 3: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 4: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric Busch, Mayor
December 30, 2010 Page 1 of 2
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ATTEST:
Cindy Mortesen,
APPROVED
Mark D. Hen
By: §v -1/1, f "
K H. Berger, Assi ant City Attorney
December 30, 2010 Page 2 of 2
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Attachment "A"
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The El Segundo City Attorney has prepared the following title and summary of the chief purposes and points of
the proposed measure: )ING THE EL SEGUNDO AN INITIATIVE AM O ENE FIRE DEPARTMEN T O HENCON CONSOLIDATED FIRE PROTECTION DISTRICT
OF TH E EL
ES COUNTY FIRE DEPARTMENT)
OF LOS ANGELES COUNTY (AKA THE LOS ANGEL
Codpurpose SMC ") to transfer all functions oflthe City's existtiing fire department to the Consolidated Fare Protection
Di (`
District of Los Angeles County (aka The Los Angeles County Fire Department }. The City's fire department s
currently responsible for fire prevention; fire suppression; emergency medical services; and hazardous materials
regulation. OM MATERIALS
This initiative measure is submitted to the people of
El Segundo in accordance with the provisions of the
California Elections Code Section 92DO et seq.
This initiative measure amends sections of the El
Segundo Municipal Code; therefore, new provisions i c iete
proposed to be added are printed in italic type
that they are new
PROPOSED LAW
SECTION 1. Title.
This measure shall be known and may be cited as
The El Segundo Fire and Emergency Medical Service
Preservation Ordinance.
SECTION 2. Findings and Declarations.
(I) Fire medicaal service, emend hazardous and
materials management are currently provided
by the City of El Segundo's own municipal
fire department.
(2) The City of El Segundo faces a multi - million
dollar budget deficit in the next fiscal year.
State law effectively requires the city of E1
Segundo to balance its budget each Year
Raising taxes, however, is not the best way
to close the budget deficit facing the City
of Ell Segundo. Therefore, the City of El
Segundo must consider all viable cost- cutting
altematives. To this end, the City Council
directed the City Manager to request a
feasibility study from the Los Angeles County
Fire Department to assess the cost savings and
enhanced emergency services which could be
made available to the City of El Segundo by
consolidating the fire services provided by the
El Segundo Fire Deparmwn and the City's
firefighters into the Los Angeles County Fire
Protection District.
(3) The LOS Angeles County Fire Department
provides fire protection, emerteey medical
(4)
and related services to 57 cities in Los Angeles
County and one (1) city in Orange County.
Cities that have already adopted the regional
approeeh to fire and paramedic protection
offered by the Los Angeles County Fire
Department save millions of dollars each year
and benefit from improved service. Moreover,
many cities have reduced their public employee
pension liabilities through annexation, which
results in even more taxpayer dollars being
saved. El Segundo's Fire Chief issued a report
to the El Segundo City Council concluding
Otat contracting with the Los Angeles County
Fire Department for fire protection, emergency
medical and hazardous materials management
services would save El Segundo taxpayers
millions of dollars each year and maintain
quality service.
The voters recognize that contracting with the
Los Angeles County Fire Department for fire
protection, emergency medical and hazardous
materials management service would likely
require as oY the effective date of the City of
El Segundo's participation in the Consolidated
Fire Protection District of Los Angeles County
as determined by the Board of Supervisors
of Los Angeles County, the City Council of
the City of El Segundo to delete Sections
13 -10 -1, 13-10-2,13-10_3, arid 13.104 of
the El Segundo Municipal Code, and, after
such hearings as are requited by law, to add a
new section 13 -10 -1 adopting the then - latest
version of the Los Angeles County Fire Code
by reference. These changes wil l not diminish
safety or quality of life of El Segundo residents
and will facilitate the use of regional resources
in those circumstances in which the use afoul-
of-area resources are needed to cope with a fire
or other emergency.
SECTION 3. Amendment of the El Segundo
Municipal Code.
13.10 -1: FIRE PREVENTION, FIRE PROTECTION,
pARAMEDiCAND EMERGENCYMEDICAL
SERVICE, AND HAZARD
MANAGEMENT
(1) The responsibiliryfor the provision offtre
prevention. fireprorection, paramedic and
emergency medical service and hazardous
materials management in the eery of El
Segundo is hereby iransferred from the El
Segundo Fire Department to the Los Angeles
County Fire Department subject to the
provisions of this section.
(2) The El Segundo City Council shall take all
necessary steps to effect theprovisiom offrre
prevention, fire protecston, paramedic and
emergency medical service and hazardous
materials management to the City of El
Segundo by the Consolidated Fire Protection
District of Los Angeles County and otherwise
to carry out the provisions of subparagraph
(1) ofthis section. All actions taken by the El
Segundo City Council shall be in accordance
wish California Government Code Sections
55632 and 56855.
(3) The transfer ofthefireP— mlitan,fire
protection. paramedic and emergency medical
service and hazardous materials management
from the El Segundo Fire Department to
the Los Angeles County Fire Department
shalt take place on the effective date of the
City of El Segundo f participation in the
Consolidated Fire Protection District of Los
Angeles County as determined by the Board
of Supervisors in coordination with the Los
Angeles County Fire Department and the City
of El Segundo.
(4) Thep visions of tits Ordinance are intended
to be and are severable. If onY Provision of
this Ordinance, or pan thereof, is found to
be unconstitutional or itrvalid, the remaining
provisions shall not be gsected, but shall
remain in full force a� nddeeffee„t,
1