2013 Feb 05 - 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 5, 2013 — 5:00 PM
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.
SPECIAL ORDER OF BUSINESS:
1. Consideration and possible action to appoint the City Manager as the real
property negotiator with regard to the potential relocation of the City's Residential Sound
Insulation Program from 333 to 529 Main Street. The City currently has a lease with
Davis & DeRosa Physical Therapy with regard to the 333 Main Street property and is
negotiating the price and terms of being bought out of that lease and leasing and being
relocated to 529 Main Street which is owned by Patrick Kelsey and Shauna Fisher.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et se q.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1) -2- matter
1. City of El Segundo vs. City of Los Angeles, et al. LASC Case No. BS094279
2. Gonzales Construction vs. City of El Segundo, et al, LASC Case No YC065812
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2) and (3):
-0- matter.
Initiation of litigation pursuant to Government Code §54956.9(d)(4): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
2
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -2-
matters
Properties: 333 Main Street (APN No. 4136- 016 -029) and 529 Main Street (APN
No. 4136- 006 -015)
Agency Negotiator: City Manager
Negotiating Parties: Davis & DeRosa Physical Therapy (for 333 Main Street)
and Patrick Kelsey and Shauna Fisher (for 529 Main Street)
Under Negotiation: Price and terms of City's lease of 333 Main Street being
purchased by owner of property and City's Residential Sound Insulation Program
leasing and being relocated to 529 Main Street.
2. Property: The Lakes Golf Course (APN Nos. 4138 - 014 -910 and 4138 - 014 -913.
Agency Negotiator: City Manager
Negotiating Parties: Centercal Properties, LLC and TopGolf, LLC
Under Negotiation: Lease Price and Terms of City leasing The Lakes Golf
Course to Centercal Properties and TopGolf.
3
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 5, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Assistant Pastor, Mike Sternad, Calvary Chapel
PLEDGE OF ALLEGIANCE — Council Member Atkinson
in
PRESENTATIONS
a) Presentation — Kevin Pulsipher, Army Reservist and El Segundo Resident,
Commemorative flag certificate to the Fire and Police Departments.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 2591002 to 2591167 on Register No. 8 in the total amount
of $845,084.79 and Wire Transfers from 1/4/2013 through 1/17/2013 in the
total amount of $2,821,428.72.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
5
2. Special Meeting Minutes of January 8, 2013 and Regular City Council
Meeting Minutes of January 15, 2013.
Recommendation — Approval.
3. Consideration and possible action to waive the bidding process per El
Segundo Municipal Code §1 -7 -10, as there is only one company that can
meet the product specifications, and authorize the purchase and
installation of a replacement MagneGrip vehicle exhaust extraction system
from Air Cleaning Technology (ACT) to be installed at Fire Station 1.
(Fiscal Impact: $45,384.85)
Recommendation — 1) Authorize the purchase and installation of a replacement
MagneGrip vehicle exhaust extraction system from Air Cleaning Technology
(ACT); 2) Alternatively, discuss and take other action related to this item.
4. Consideration and possible action to appropriate additional funding for
Sanitary Sewer System Rehabilitation project. Project No. PW 11 -09.
(Fiscal Impact: $500,000.00)
Recommendation — 1) Authorize the City Manager to approve fund appropriation
in the amount of $500,000.00 from the Sewer Enterprise Fund for this project); 2)
Alternatively, discuss and take other action related to this item.
5. Consideration and possible action to adopt a resolution, retroactively
authorizing emergency repair of the City Hall air conditioning system.
(Fiscal Impact: $2,509.00)
Recommendation — 1) Adopt the draft Resolution authorizing the City Manager to
execute an amendment with Johnson Controls, in a form approved by the City
Attorney, for work performed in September, 2012 for the emergency repair of the
City Hall air conditioning system; 2) Alternatively, discuss and take other action
related to this item.
6. Consideration and possible action regarding approval of two amendments
for Aerotek, Inc for temporary staffing services in the Public Works
Department.
(Fiscal Impact: $53,108.00)
Recommendation — 1) Authorize the City Manager to execute two contract
amendments, in forms approved by the City Attorney, with Aerotek, Inc. for
temporary staffing services in the Public Works Department; 2) Alternatively,
discuss and take other action related to this item.
0
7. Consideration and possible action regarding adopting Ordinance No. 1476
to amend El Segundo Municipal Code Chapter 4 -10 and Section 15 -1 -6
concerning regulation of massage establishments and massage
technicians within the City of El Segundo. Applicant: City of El Segundo.
(Fiscal Impact: None)
Recommendation — 1) Waive second reading and adopt Ordinance No. 1476); 2)
Alternatively, discuss and take other action related to this item.
8. Consideration and possible action regarding authorizing the recording of
the Notice of Completion and authorizing the City Manager to accept
completion of work for 34 homes related to the City's Residential Sound
Insulation Program's Group 42 (Project No. RSI 12 -01).
fiscal Impact: Final Contract Amount $1,336,244.67)
Recommendation — 1) Authorize the City Clerk to file the City's Planning and
Building Safety Director's Notice of Completion in the County Recorder's Office;
2) Authorize the City Manager, or designee, to close out Project No. RSI 12 -01;
3) Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding 1) delegating authority to the
City Manager or his designee to approve banner requests to be hung over
Sepulveda Blvd. under the City's Caltrans Banner Permit and 2)
establishing a fee for processing these permit requests.
(Fiscal Impact: Potential Revenue)
Recommendation — 1) Delegate authority to the City Manager to approve banner
requests over Sepulveda Blvd. under the City's Caltrans Banner Permit Program;
2) Direct staff to establish a processing fee for Sepulveda Blvd. banner
applications; 3) Alternatively, discuss and take other action related to this item.
10. Consideration and possible action to appropriate additional contingency
funding from the Sewer Enterprise Fund for anticipated change orders
regarding the Sanitary Sewer System Rehabilitation project. Project No.
PW 11 -09.
(Fiscal Impact: _100,000.00)
Recommendation — 1) Authorize an additional $100,000.00 in contingency funds
from the Sewer Enterprise Fund to cover anticipated change orders in the
Sanitary Sewer Rehabilitation Project and authorize the City Manager to execute
an amendment in a form approved by the City Attorney, for additional work
should it become necessary; 2) Alternatively, discuss and take other action
related to this item.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
7
H. REPORTS - CITY ATTORNEY
I. REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson -
Council Member Fisher -
Mayor Pro Tern Fuentes -
Mayor Jacobson -
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: / ' 30 • /
TIME: `I
[SAME: r
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Presentation
Kevin Pclsipher, Army Reservist and El Segundo Resident,
Commemorative flag certificate to the Fire and Police Departments
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1
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
1/04/13 THROUGH 1/17/13
Date
1/4/2013
1/4/2013
1/4/2013
1/4/2013
1/4/2013
1/4/2013
1/4/2013
1/8/2013
1/8/2013
11/8/2013
1/8/2013
1/10/2013
1/14/2013
1/1512013
1/16/2013
1/17/2013
1117/2013
1/17/2013
1/4-1/17/13
Payee Amount
Description
State of CA EFT
3,630.01
EFT Child support payment
Nationwide NRS EFT
2,150.72
EFT 401a payment
Nationwide NRS EFT
37,420.04
EFT 457 payment
Manufacturers & Traders
817.31
IRA payment Vantagepoint
Manufacturers & Traders
4,692.62
401 payment Vantagepoint
South Bay Credit Union
15,125.38
Payroll credit union deduction pmt
US Bank - Trust Acct
7,095.16
PARS payment
Cal Pers
99,583.50
EFT Retirement Misc
Cal Pers
236,861.25
EFT Retirement Safety
Cal Pers
459,741.87
Health payment
Health Comp
2,150.92
Weekly claims
West Basin
1,634,652.72
H2O payment
IRS
376.44
Federal Taxes
Pitney Bowes
10,000.00
City Hall Postage
Health Comp
2,877.43
Weekly claims
Employment Development
46,774.78
State Taxes
Employment Development
3,593.20
State Taxes
IRS
226,266.08
Federal Taxes
Workers Comp Activity
27,619.09
SCRMA checks issued
2,821,428.72
DATE OF RATIFICATION: 82105113
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Deputy City Treasurer Date
Director f Fin ce Date
-L�
City nage Date
2,821,428.72
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer\W ire Transfers\2013 \1 st Qtr 2013 \W ire Transfers 1 -17 -13
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JANUARY 8, 2013 — 4:00 P.M.
CALL TO ORDER — Mayor Jacobson at 4:00 p.m.
ROLL CALL
PLEDGE OF ALLIGIANCE — Council Member Fisher
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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 before addressing the City Council. Failure to do so is a misdemeanor and punishable
by a fine of $250.
SPECIAL MATTERS: -1 - matter
Consideration and possible action to interview candidates for the position of the City
Treasurer and make an appointment to serve the remainder of the current term.
Council interviewed the following candidates:
Don Brann
Crista Binder
Michael van Biezen
Matthew Robinson
Kevin Haggerty
Milan Cvejic
Samantha Lee
Council discussion.
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Atkinson to appoint Crista
Binder City Treasurer to serve the remainder of the current term (until April of 2016). MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Recessed at 6:24 PM
Council Reconvened at 6:28 PM — all Council Members present.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
January 8, 2013
2 PAGE NO.1
Mayor Jacobson announced Crista Binder accepted the appointment to City Treasurer.
ADJOURNMENT at 6:32 PM
Tracy Weaver, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
January 8, 2013
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, January 15, 2013 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 5:00 PM
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
Mayor Jacobson announced that Council would be meeting in closed session pursuant
of the items listed on the agenda.
SPECIAL ORDER OF BUSINESS:
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) -4- matter
City of El Segundo vs. City of Los Angeles, et al., LASC Case No. BS094279
City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No.
BC414272
Willmore vs. City of El Segundo, et al., LASC Case No. BC485025
Garton vs. City of El Segundo, et al., LASC Case No. YC066586
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 1
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) —0- matter
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
Adjournment at 6:50 PM
2
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, January 15, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:00 PM
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
PRESENTATIONS
a) Presentation by Julie Warner to the winners of the 2012 Chamber of Commerce
Holiday Parade. Julie also thanked this year's sponsors, the Chamber of
Commerce and the parade's new emcees.
b) Presentation by Megan Hansford, President of Grow to Give, Stephanie Nehme,
President of the Key Club and Abby Landers, President of Grades of Green,
concerning recycling and composting in the City of El Segundo.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
Andrew Gerad, President of Tree Musketeers, spoke on behalf of trees! Mark your
calendars; March 9, 2013 is Arbor Day.
Sam Pena, Consolidated Disposal Services, gave his monthly update. Reminded the
public about the upcoming Shred Day to be held Saturday, January 19, 2013 at City
Hall. Mr. Pena made an announcement that CDS would donate composite bins to the
Grades of Green project.
Linda Cohen, representing the El Segundo Concert Band, announced an upcoming
Comedy Night to be held on Saturday, February 2, 2013 at the El Segundo Performing
Arts Center. The fundraiser will feature Fritz Coleman as the headliner; tickets can be
purchased by an ESHS band member or online at www.esconcertband.org.
3
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 3
REPORTS — CITY CLERK - ITEM BROUGHT FORWARD ON THE AGENDA
13. Presented Certificate of Appointment and administered the Oath of Office to
Crista Binder, the newly appointed City Treasurer.
(Fiscal Impact: None)
Tracy Weaver, City Clerk, gave the Oath of Office to newly appointed City Treasurer,
Crista Binder and presented Ms. Binder with a Certificate of Appointment.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer
to read all ordinances and resolutions on the agenda by title only. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and potential action regarding an Ordinance amending El
Segundo Municipal Code Chapter 4 -10 and Section 15 -1 -6 concerning regulation
of massage establishments and massages technicians within the City of El
Segundo. Applicant: City of El Segundo.
(Fiscal Impact: None)
Sam Lee, Planning and Building Safety Director, gave a report
Mark Hensley, City Attorney, read by title only.
ORDINANCE NO. 1476
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 4 -10
AND SECTION 15 -1 -6 CONCERNING REGULATION OF MASSAGES WITHIN THE
CITY OF EL SEGUNDO.
Mayor Carl Jacobson opened and closed public hearing.
Mark Hensley, City Attorney, re -read by title only.
ORDINANCE NO. 1476
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 4 -10
AND SECTION 15 -1 -6 CONCERNING REGULATION OF MASSAGES WITHIN THE
CITY OF EL SEGUNDO.
Council Member Fellhauer introduced Ordinance No. 1476.
4
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 4
Second reading and adoption scheduled for February 5, 2013.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
Mayor Jacobson announced Crista Binder's resignation from the Capital
Improvement Program and Advisory Committee (CIPAC).
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
2. Approved Warrant Numbers 2590628 to 2590639 on Register No. 6 in the total
amount of $683,582.90 and Wire Transfers from 12/07/12 through 12/20/12 in
the total amount of $2,992,899.23 and approved Warrant Numbers 2590840 to
2591001 on Register No. 7 in the total amount of $1,228,440.17 and Wire
Transfers from 12/20/12 through 1/03/13 in the total amount of $766,604.02.
Authorize 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.
3. Approved Regular City Council Meeting Minutes of December 18, 2012.
4. Adopted Resolution 4806 approving Plans and Specifications for Installation of
Sub - meters on the City's main electricity meter for City Hall, the Police
Department and the Fire Station. Project No. PW 13 -02.
(Fiscal Impact: $0, $15,000.00 grant reimbursement)
5. Authorized the City Manager to approve change orders in the amount of
$11,136.00 with Premier Developing Services, Inc for Construction of the
Masonry Building for the Water Department's telemetry system.
Project No. PW 12 -04.
(Fiscal Impact $11,136.00)
6. Approved a change order for United Paving Co. in the amount of $855.76 for
Maryland Street Improvements between Palm Ave and Mariposa Ave. PW 11 -02
(Fiscal Impact $855.76)
7. Adopted Resolution No. 4804 approving Plans and Specifications for
Construction of the Mariposa Avenue Storm Drain from Maryland Street to
Center Street. Project No. PW 12 -06.
(Fiscal Impact $90,000.00)
5
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 5
8. Adopted Resolution No. 4805 approving Plans and Specifications for
Construction of the Pressure Reducing Station Waterline Improvement Project at
2161 E. El Segundo Blvd and authorized the City Manager, in a form approved
by the City Attorney, to enter into Reimbursement Agreement No. 4380 with the
property owner to cover 50% of the cost for these improvements. Project No. PW
13 -01.
(Fiscal Impact $35,000.00)
9. Waived second reading and Adopted Ordinance No. 1475 to amend El Segundo
Municipal Code ( "ESMC ") § 4 -8 -8 to allow fees relating to entertainment permits
to be adopted by City Council resolution. Applicant: City Initiated
(Fiscal Impact: $3,505)
10. Waived bid requirements per El Segundo Municipal Code ( "ESMC ") § 1 -7 -10,
authorized the City Manager, or designee, to purchase an NEC "TileMatrix" video
wall system and associated hardware from Whitlock using equipment
replacement and COPS grant fund and equipment replacement funds and
authorized the City Manager to execute Agreement No. 4381, in a form approved
by the City Attorney.
(Fiscal Impact: $ 60,000)
11. Authorized the City Manager to execute Professional Services Agreement No.
4382 with Willdan Homeland Solutions to provide professional technical and
consulting support for the City's Emergency Management program.
(Fiscal Impact: $60,000)
MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher to
approve the Consent Agenda items 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
12. Consideration and possible action regarding acceptance of the 2013 -2018
Pavement Management Program report, prepared by Bucknam Infrastructure
Group.
(Fiscal Impact: $0)
Stephanie Katsouleas, Public Works Director, gave a report.
Council consensus to accept the Pavement Management Program report as complete.
REPORTS — CITY MANAGER - None
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - ITEM TAKEN EARLIER ON THE AGENDA
6
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 6
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Attended Family Energy Day sponsored by NRG.
Thanked NRG for their generosity throughout the city. Attended the Young Americans
program on Sunday, January 13, 2013. Mentioned that she had abstained from voting
on the LA County Clean Water, Clean Beaches Tax/Fee Measure at last month's
meeting and stated she had done more research and if the vote were taken again, she
would vote in favor of the protest.
Council Member Atkinson — Wished everyone a Happy New Year.
Council Member Fisher — Wished everyone a Happy New Year.
Mayor Pro Tem Fuentes — Attended the South Bay Council of Governments breakfast.
Reminded everyone about the Fire Department Blood Drive on January 31, 2013 —
Battle of the Badges and wished everyone a Happy New Year.
Mayor Jacobson —
14. Consideration and possible action to nominate select and approve the travel of a
former Council member to travel to Guaymas in February 2013.
(Fiscal Impact: $1000.00)
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Atkinson to
approve former Mayor Sandy Jacobs to travel to Guaymas in February 2013. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mayor Jacobson stated he attended a FAA event and wished everyone a Happy New
Year.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed. - None
MEMORIALS — None
CLOSED SESSION - None
7
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 7
ADJOURNMENT at 7:56 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
January 15, 2013
PAGE NO. 8
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the bidding process per El Segundo Municipal
Code §1 -7 -10, as there is only one company that can meet the product specifications, and
authorize the purchase and installation of a replacement MagneGrip vehicle exhaust
extraction system from Air Cleaning Technology (ACT) to be installed at Fire Station 1.
(Fiscal Impact: $45,384.85)
RECOMMENDED COUNCIL ACTION:
1. Authorize the purchase and installation of a replacement MagneGrip vehicle exhaust
extraction system from Air Cleaning Technology (ACT);
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposal for MagneGrip Exhaust System from Air Cleaning Technology (ACT)
2. Air Cleaning Technology Standard Terms and Conditions
FISCAL IMPACT: $45,384.85 Included in Adopted Budget
Amount Budgeted: $47,984.00
Additional Appropriation: None
Account Number(s): 001 - 400 - 3201 -6215 Repair and Maintenance
ORIGINATED BY: Kevin S. Smith, Fire Chief 10
r
REVIEWED BY: Kevin S. Smith, Fire Chief IL I,
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
The existing exhaust removal system at Fire Station 1 is over 20 years old and in need of
significant repairs. Current estimates to make the system operational are in excess of $8,000.
Staff believes that the repairs would not be a prudent use of City funds due to the age and
condition of the overall exhaust system. Vehicle exhaust systems are essential to the safety of
the work environment in a fire station. Fire engines and other heavy fire apparatus are typically
powered with diesel engines. A by- product of diesel combustion is benzene which is a known
carcinogen. Vehicle exhaust systems in fire stations serve to evacuate the exhaust outside the
fire station to avoid exposure to the harmful products by fire personnel. Staff believes that
replacement of the system to a modern and fully functioning system is in the best interest of the
City for the safety and welfare of fire personnel and is also a responsible fiscal choice as the
existing system continues to be subject to the regular need for costly repairs. Staff recommends
the purchase of the MagneGrip system as it is currently being used at Fire Station 2. This
specification in the product bidding process is to allow for compatibility with the adapters
attached to fire apparatus allowing the apparatus to be exchanged between fire stations as
needed. This specification will also enable us to rely on one single vendor for repairs and
maintenance of both systems.
.•**0
AIR CLEANING TECHNOLOGY
Air Cleaning and Air Pollution Control Systems
January 16, 2013
Chief Kevin Smith
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
Via Email: ksmith _elsegundo.org
Re: Vehicle Exhaust Replacement System for Station 1
Air Cleaning Technology Proposal #103788
Dear Chief Smith,
Thank you for your continued time and interest in our air cleaning products and services.
As we discussed, below is an updated proposal to replace the existing exhaust system in
Station one with a new MagneGrip Vehicle Exhaust System.
Proposal:
• Three (3) FSTM 301 30' Flex Hose Systems
• Two (2) FSTM 501 50' Flex Hose Systems
• One (1) 500179 -05 Wireless Control Panel 5 -3
• One (1) CF -363 -5 5 horsepower fan prewired 230 - 460/3/60
• Turn key installation
• Spiral ducting
• Electrical connection by a certified electrician
• Tailpipe modifications needed from the muffler out (if required)
• Removal of existing System
• Delivery of equipment and materials to El Segundo, CA
• Applicable sales tax
• Labor
• System start up and operator orientation
• Price: $45,384.85
Cost Breakdown:
Equipment: $28,460.00
411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503
Contractor's License # 761220
AIR CLEANING TECHNOLOGY
Air Cleaning and Air Pollution Control Systems
Chief Kevin Smith
El Segundo Fire Department
January 16, 2013
Page 2
9.75% Sales Tax: $ 2,774.85
Installation: $14,150.00
Total: $45,384.85
Terms:
• Net 30 days after completion of service
• The attached ACT Terms and Conditions will apply
• For your convenience, we accept most major credit cards
Delivery:
• 4 -5 weeks after receipt of order
Exclusions:
• City, mechanical, electrical, and fire, permit fees (if required)
• Structural engineering or modifications if required
• Off hour labor
Chief Smith, Air Cleaning Technology is a licensed contractor with over 36 years of
experience in engineering, selling, installing and maintaining air - cleaning and ventilation
systems. With all of our experience, I am confident that our proposed upgrade of the
vehicle exhaust system at Station 1 will work to end your vehicle emission concerns.
To expedite this project, please sign your approval below and return to our office.
Thank you again and I look forward to working with you on this project.
Sincerely,
Paul Krause
cc: Winston Harris - winston .weidnerfire.com
411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503
Contractor's License # 761220
AIR CLEANING TECHNOLOGY
Air Cleaning and Air Pollution Control Systems
Chief Kevin Smith
El Segundo Fire Department
January 16, 2013
Page 3
Acceptance of proposal — the prices, specifications, and attached conditions are
satisfactory and are hereby accepted. Air Cleaning Technology Inc. is authorized to do the
work as specified. Payment will be made as outlined herein.
Authorized Signature
Printed Name
Date of Acceptance PO (if required)
Proposal expires on February 18th, 2013
411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503
Contractor's License # 761220
AIR CLEANING TECHNOLOGY
STANDARD TERMS AND CONDITIONS
1. General: The terms and conditions stated herein are applicable to all orders accepted by Air Cleaning Technology hereafter
referred to as ACT.
2. Prices: Prices are quoted in U.S. Dollars and are firm. Prices may be accepted only within 30 days from the date of
quotation by Air Cleaning Technology. Quotations do not include taxes, unless otherwise noted. Orders accepted prior to
any price increase will be invoiced as quoted; provided ACT is allowed to ship under normal delivery schedule. ACT may
adjust prices on any order changed by the purchaser after acceptance of the order by ACT.
3. Cancellations: Orders canceled by the purchaser are subject to a cancellation charge which may include engineering
services, work in progress, special purchased parts charges, and other similar charges, and will be based on the
percentage of work completed at the time of cancellation.
4. Shipping Schedules: Air Cleaning Technology will not be liable for any loss or damage from delays in shipping that are
beyond ACT's reasonable control. Shipments delayed at purchaser's request will be invoiced and dated on the day
shipment is ready, and a 1.5% per month service charge will be added. ACT reserves the right to make partial shipments
and to invoice pro -rata upon such shipments.
5. Electrical Equipment and Installation: Electrical equipment includes only those electrical components referred to in the
quotation. Changes to the electrical equipment to comply with any laws or regulations are the purchaser's responsibility
unless Air Cleaning Technology specifically agrees to meet such laws or regulations. Start-up service is available from
ACT at per diem rates plus lodging and travel expenses, but installation or start-up is not included unless specifically
quoted.
6. Acceptance and testing of equipment: Unless otherwise provided in Air Cleaning Technology's quotation, purchaser will
upon delivery inspect and test the equipment and notify ACT within 15 days of shipment of any nonconformity discovered
including any failure of the equipment to meet quoted performance standards, if any. Failure to give such notice
constitutes an irrevocable acceptance of the equipment, and purchaser will be bound to pay for the equipment. Upon
notification of nonconformity as above provided, ACT, at its option, will either repair the equipment and correct the
system's performance or will accept the prepaid return of the equipment and refund all payments, made to ACT, excluding
freight and installation. No materials will be accepted for return without prior written consent and instruction form ACT.
SUCH REPAIR, CORRECTIONS OR RETURN CONSTITUTES PURCHASER'S EXCLUSIVE REMEDY PRIOR TO
ACCEPTANCE FOR ANY SUCH NONCONFORMITY.
7. Damage from fire or explosion: To minimize the risk of fire or explosion, proper installation, operation and maintenance of
Air Cleaning Technology equipment is critical. Since installation, operation and maintenance are beyond the control of
ACT, ACT disclaims any liability or responsibility for damage from fires or explosions regardless of origin. ACT
recommends that all air pollution control and dust collection equipment and installation conform to all applicable codes,
laws and regulations including the additions of appropriate fire protection systems or explosion venting when and where
required. Installation of ACT equipment should be by a licensed contractor that is experienced in potential fire and
explosion hazards as well as related codes, laws, and regulations.
S. Risk of loss: Quotations are F.O.B place of shipment unless otherwise noted. The risk of loss of the equipment shipped
will pass to purchaser upon Air Cleaning Technology's delivery of the equipment to a carrier. All claims for damage during
shipment must be filed by the purchaser with the carrier.
9. Warranty: Air Cleaning Technology warrants all equipment manufactured and sold by Air Cleaning Technology against
defective parts and workmanship for one year from date of shipment to purchaser. Where a performance guarantee is
specified in Air Cleaning Technology's quotation under the heading of "Performance Guarantee" Air Cleaning Technology
warrants that for a period of 90 days from the date of installation the equipment sold by Air Cleaning Technology will
perform as specified in such performance guarantee. These warranties are subject to any limitations in Air Cleaning
Technology's quotation. Any unauthorized repairs or modifications or abnormal use or misuse of equipment will void all
warranties. In no case will Air Cleaning Technology's responsibility or warranty extend to equipment not sold by Air
Cleaning Technology. There are no warranties covering corrosion of materials selected. Purchaser has approved the
materials to be used in the construction of the equipment supplied by Air Cleaning Technology if after the equipment is
installed, metals, or materials are not suitable for the application. Replacements will only be made at purchaser's cost.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN,
ORAL OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT.
As purchaser's exclusive remedy for any defects in the equipment Air Cleaning Technology will exchange or repair any
defective parts during the warranty period, provided such parts are returned, prepaid, to Air Cleaning Technology. The
obligation of Air Cleaning Technology is limited to furnishing replacement parts of F.O.B. factory of origin or making
repairs at Air Cleaning Technology of any parts which are determined, upon inspection by ACT, to be defective. In no
event will Air Cleaning Technology be responsible for labor or transportation charges for the removal, reshipment or
reinstallation of the parts. Where a performance guarantee is specified in ACT's quotation, under the heading of
"Performance Guarantee ", as the purchaser's exclusive remedy for breach of the performance guarantee, ACT, at its
option, will either correct the performance of the equipment or accept the prepaid return of the equipment. In the
aforementioned case ACT will refund all payments received by ACT from the Purchaser, excluding freight and installation,
provided that the purchaser notifies ACT in writing of the equipment's failure to meet the performance guarantee within 15
days after such failure is known to purchaser.
AIR CLEANING TECHNOLOGY
Standard Terms & Conditions (cont.)
10. Limitation of Liability: IN NO EVENT WILL ACT, ITS SUB - CONTRACTORS, REPRESENTATIVES, OR SUBSIDIARIES BE
HELD RESPONSIBLE OR LIABLE ON ANY CLAIM WHETHER IN WARRANTY, CONTRACT, TORT, OR STRICT
LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
PURCHASE OR USE OF EQUIPMENT. INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL
DAMAGES FOR LABOR, LOST PROFITS, LOST SALES, AND INJURY TO PERSON OR PROPERTY, OR ANY OTHER
INCIDENTAL LOSS OR DAMAGES. PURCHASER AGREES THAT IN NO EVENT WILL ACT'S LIABILITY ON ANY CLAIM
EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED BY ACT FROM PURCHASER FOR THE EQUIPMENT IN
QUESTIONS.
11. Security Interest: Purchaser grants Air Cleaning Technology a security interest in the equipment to secure payment
of the balance due hereunder. Purchaser authorizes ACT to file this agreement as a financing statement or to sign
on behalf of purchaser and file any other financing statements with respect to the equipment in any place ACT
deems necessary.
12. Attorneys' Fees: Purchaser will be liable to ACT for all reasonable expenses and attorney's fees incurred by ACT in
enforcing its rights and remedies under any agreement between purchaser and ACT.
13. Ordinances: Any and all required licenses, certificates and operating permits will be the sole responsibility of the
purchaser.
14. Miscellaneous: THESE TERMS AND CONDITIONS AND THOSE IN ACT'S QUOTATION CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN ACT AND THE PURCHASER. Such terms and conditions are applicable to all orders
accepted by ACT unless otherwise specifically agreed to by ACT in writing. Purchaser will be deemed to have
assented to all such terms and conditions if any part of the equipment is accepted. Any additional or different
terms and conditions contained in purchaser's order or response hereto will be deemed objected to by ACT and of
no effect. This proposal and its acceptance will be governed in all respects by the laws of the state of California. In
the event of a Breach, both parties agree that any suit will be brought in the courts of the State of California.
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to appropriate additional funding for Sanitary Sewer
System Rehabilitation project. Project No. PW 11 -09 (Fiscal Impact $500,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to approve fund appropriation in the amount of $500,000
from the Sewer Enterprise Fund for this project.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: $500,000 Budget Adjustment Required
Amount Budgeted: $616,370.00
Additional Appropriation: Yes $500,000
Account Number(s): 502- 400 - 8204 -8647 (Sewer Enterprise Fund)
ORIGINATED BY: Floriza Rivera, Principal Engineer-
REVIEWED BY: Stephanie Katsouleas, Public Works Direct
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On June 19, 2012, the City Council awarded a $1,116,370 contract to MNR Construction for the
construction of the Sanitary Sewer System Rehabilitation project for various locations within the
Smoky Hollow Specific Plan area and a sewer main upgrade along Maple Avenue between
Laitport Street and Nash Street. The staff report identified $500,000 in project funding already
earmarked in the 2009/10 CIPAC for sewer main repairs, and asked for an additional
appropriation of $616,370 to cover the total cost of the project for Maple Ave. However, the
2009/10 CIPAC funding had lapsed and must be formally re- appropriated for expenditures
related to this project. Staff is therefore requesting that City Council re- authorize the transfer of
$500,000 from the Sewer Enterprise to the Capital Fund for the sewer main rehabilitation work
currently underway.
0
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution, retroactively authorizing
emergency repair of the City Hall air conditioning system.
(Fiscal Impact: $2509.00)
RECOMMENDED COUNCIL ACTION:
1. Adopt the draft Resolution authorizing the City Manager to execute an amendment
with Johnson Controls, in a form approved by the City Attorney, for work performed
in September, 2012 for the emergency repair of the City Hall air conditioning system.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $2509.00
Additional Appropriation: No
Account Number(s): 001 -400- 2601 -6206 (Government Buildings: Contract Services)
ORIGINATED BY: Stephanie Katsouleas, Public Works Director Ar--�
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manage
BACKGROUND AND DISCUSSION:
The air conditioning (HVAC) system responsible for cooling the lower level of City Hall had
repeated failures during the 2012 summer. As a result, the Facilities Maintenance staff
purchased and installed a new HVAC unit. Unfortunately the newly installed system failed to
work properly on a regular basis. After a series of troubleshooting by the Facilities Maintenance
staff, it was determined that the repair needed to make the unit function properly was outside our
staff's area of expertise. Consequently, Johnson Controls, which had an active HVAC
maintenance contract at the time, was called in on an emergency basis to assess whether the
HVAC failure stemmed from the unit itself or was due to staff installation. Johnson Controls
ultimately diagnosed the source of the problem makedthecnecessary repair valve
or a total the
cost of
unit
itself. Staff authorized Johnson Controls
$2509.00. Staff also concluded that it was more cost effective to keep the unit (now repaired)
rather than return it as defective because of 1) the cost incurred already to bring Johnson
Controls out, 2) the staff time involved in disassembling and then reinstalling a new unit, 3) the
waiting period to re -order a new unit, and 4) the wa the temperatures
basement level where there not pan
uncomfortable working environment for staff in
windows. S
Through this staff report, staff resolving the paperwork trail for the emergency repair to ensure
the proper contract language is in place. Staff recommends that City Council approve the
attached Resolution and retroactive amendment for the emergency repair of the City Hall HVAC
unit in September, 2012. The request is made at this late date due to staffing and Johnson
Controls delay in providing an invoice to El Segundo for the emergency work completed.
RESOLUTION NO.
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTED WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050.
The City Council does resolve as follows:
SECTION 1; The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
& In accordance with PCC §§ 20168 and 22050, the City Council may repair
or replace a public facility, take any directly related and immediate action
required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to
let contracts.
C. The new air - conditioning unit located within City Hall was malfunctioning in
September 2012 due to a defective expansion valve. The HVAC unit was
installed by staff in the building in August 2012 but failed to cool the lower
level offices in City Hall. Because the weather was hot during August and
September, it created extreme and uncomfortable working conditions for
employees affected by the malfunctioning unit.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to repair the air -
conditioning unit in accordance with El Segundo Municipal Code
( "ESMC ")§ 1 -7 -12.
E. The malfunctioning air - conditioning unit created a sudden, unexpected
occurrence that poses a clear and imminent danger to City property, its
citizens, and employees. This threat required immediate action to prevent
or mitigate the loss or impairment of essential public services.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would imperil essential public services.
SECTION 2: In light of the emergency described above, the City Council directs the
City Manager, or designee, to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050.
Resolution No.
Page 1 of 2
SECTION 3: This Resolution will become retroactively effective immediately upon
adoption and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this day of , 2013.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Carl Jacobson, Mayor
Resolution No.
Page 2 of 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2013, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2013.
Tracy Weaver, City Clerk
Of the City of El Segundo,
California
(SEAL)
Resolution No.
Page 3 of 2
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of two contract amendments for
Aerotek, Inc for temporary staffing services in the Public Works Department (Fiscal
Impact: $53,108.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute two contract amendments, in forms approved
by the City Attorney, with Aerotek, Inc. for temporary staffing services in the Public
Works Department
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $103,108.00
Additional Appropriation: N/A
Account Number(s): Public Works Divisions: Salaries and Benefits
ORIGINATED BY: Stephanie Katsouleas, Public Works Director
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager.l (y
BACKGROUND AND DISCUSSION:
On March, 1, 2012, El Segundo entered into an on -call service agreement with Aerotek, Inc. to
provide temporary staffing services in the Public Works Department for an amount not to exceed
$25,000 for FY 2011/12. However, due to unanticipated fluctuating staffing levels, additional
temporary works were needed in the Streets Division. In September, Public Works exceeded
the authorized contract amount by $3108.00. Staff is therefore requesting that City Council
approve a retroactive amendment for additional $3,108.00 with Aerotek to cover cost associated
with the staff support provided. Funds are available from the personnel costs not fully utilized in
the Street Maintenance Division.
For FY 2012/13, staff entered into a new $50,000 on -call service agreement with Aerotek for
temporary staffing services. Since that time, the Streets Division has had two people retire, and
we anticipate that at least two other Public Works Department staff members will take temporary
leaves in during the fiscal year for personal reasons. For this reason, staff recommends that City
Council approve a contract amendment with Aerotek for an additional $50,000 to provide staff
support in anticipation of these prolonged absences and until new recruitments can be completed.
Funds are available from the current Public Works personnel budgets to cover the temporary
staff salaries as needed, so there is no impact on the General Fund for this amendment.
I
EL SEGUNDO PLANNING COMMISSION MEETING DATE: February 5, 2013
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and potential action regarding adopting Ordinance No. 1476 to amend El Segundo
Municipal Code Chapter 4 -10 and Section 15 -1 -6 concerning regulation of massage establishments and
massage technicians within the City of El Segundo. Applicant: City of El Segundo (Fiscal Impact:
None)
RECOMMENDED ACTION:
1. Waive second reading and adopt Ordinance No 1476; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1476.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Managed'
REVIEWED BY: Sam Lee, Director of Planning tBuilding Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
I. Background and Discussion
On January 15, 2013, the City Council introduced an Ordinance to amend El Segundo
Municipal Code Chapter 4 -10 and Section 15 -1 -6 concerning regulation of massage
establishments and massage technicians within the City of El Segundo. If adopted, Ordinance
No. 1476 will become effective in 30 days.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \1001- 1025\EA- 1007 \CC 02052013TA 1007 -CC Staff Report
2nd Reading.doc
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ORDINANCE NO. 1476
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 AND SECTION 15 -1 -6 CONCERNING REGULATION
OF MASSAGES WITHIN THE CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City currently regulates the practice of massage and the operation of
massage establishments for the benefit of the public health, safety and
welfare;
B. Business and Professions Code §§ 4600, et seq. (enacted by SB 731 in
2008 and amended by AB 619 in 2011) created a statewide system for
issuing massage worker permits, preempting local permitting systems and
requirements. The statewide permitting system is administered by the
California Massage Therapy Council;
C. The Business and Professions Code allows some local regulation of
massage establishments as part of the local business license process. To
enable the City to carry out the local regulation and review of massage
establishments found in Business and Professions Code §§ 4600, et seq.,
the City still must maintain massage establishment regulations in the El
Segundo Municipal Code ( "ESMC ");
D. On November 28, 2012, the City of El Segundo initiated an application for
Environmental Assessment No. EA -1007 and Zone Text Amendment No.
12 -07 to amend the ESMC regulating massages within the City of El
Segundo;
E. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the ESMC;
F. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQK) and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
G. The Planning and Building Safety Department completed its review and
scheduled the public hearing regarding the application before the Planning
Commission for December 13, 2012;
H. On December 13, 2012, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding this Ordinance,
including, without limitation, information provided to the Planning
Commission by City staff and public testimony;
On December 13, 2012, the Planning Commission adopted Resolution
No. 2725 recommending the City Council approve Environmental
Assessment No. EA -1007 and Zone Text Amendment No. 12 -07; and
J. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the City Council at its January 15, 2013, hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Environmental Assessment. The proposed zone text amendment is
exempt from further review under the California Environmental Quality Act (California
Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14
California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures to permit operation of existing facilities; consists only of minor revisions and
clarifications to existing regulations and specification of procedures related thereto; and
consists of actions taken to assure the maintenance, protection and enhancement of the
environment. This ordinance, therefore, does not have the potential to cause significant
effects on the environment. Consequently, it is categorically exempt from further CEQA
review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308.
SECTION 3: General Plan Findings. As required under Government Code § 65860 the
ESMC amendments proposed by the Ordinance are consistent with the El Segundo
General Plan as follows:
A. The proposed zone text amendment conforms with Land Use Element
Goal LU4 in that the amendment will help provide a stable tax base for the
City by providing a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses.
B. The proposed zone text amendment is also consistent with Economic
Development Element Goal ED1 in that the amendment will help create in
El Segundo a strong, healthy economic community in which all diverse
stakeholders may benefit. The proposed amendment will provide a clear
regulatory framework for massage uses and permit their operation in a
manner similar to other personal service uses.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4, the
proposed Zone Text Amendment is consistent with the goals, policies, and objectives of
the General Plan as follows:
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A. It is consistent with the purpose of the ESMC, which is to serve the public
health, safety, and general welfare and to provide the economic and social
advantages resulting from an orderly planned use of land resources.
B. It is necessary to comply with Business and Professions Code §§ 4600, et
seq.., to provide a clear regulatory framework for massage uses and
permit their operation in a manner similar to other personal service uses
consistent with state regulations.
SECTION 5: The definition of "Commercial" in ESMC Section 15 -1 -6 is amended in its
entirety to read as follows:
"COMMERCIAL:
Financial Institutions: Banks and trust companies, credit agencies, credit unions,
investment companies, lending and thrift institutions, securities /commodity
contract brokers and dealers, security and commodity exchanges, vehicle
finance (equity) leasing agencies. Financial institutions do not include check
cashing or payday loan facilities.
Retail Sales: Alcohol sales (off site), building material stores, convenience stores,
general retail stores, and warehouse retail showrooms.
General Retail Stores: General retail stores include sales, without limitation,
of appliances, art gallery, artists' supplies, bakeries (retail only), bicycles,
books and periodicals, cameras and photographic supplies, clothing and
accessories, computer and computer equipment, electronics, department
stores, drug and discount stores, collectible items sales, curio, gift and
souvenir shops, dry goods, fabric and sewing supplies, florists and
houseplant stores (indoor), furniture and home furnishings, grocery stores,
hardware, hobby materials, household and kitchen goods, jewelry, luggage
and leather goods, musical instruments, parts and accessories, newsstands,
orthopedic supplies, pharmacies, religious goods, small wares, specialty
shops, sporting goods and equipment, stationery, and toys and games.
Retail Services: Personal services and business and consumer support services.
Business And Consumer Support Services: Business and consumer support
services include, without limitation, establishments primarily providing
consumers and businesses with services, including maintenance, repair and
service, testing, rental, as well as the following: business equipment repair
services (except vehicle repair, see definition of Vehicle Sales And Services:
Maintenance /Repair), computer related services (rental, repair), copying,
quick printing, and blueprinting services, equipment rental businesses within
buildings, film processing laboratories, heavy equipment repair services
where repair occurs on the client site, household appliance and equipment
repair services, janitorial and maid services, mail advertising services
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(reproduction and shipping), photocopying and photofinishing, protective
services (other than office related), window cleaning.
Personal Services: Personal services include, without limitation, barbershops
and beauty salons, clothing rental, dry cleaning pick up stores with limited
equipment, hair, nail, facial, and personal care, laundromats (self - service
laundries), massage establishments, photo development, shoe repair shops,
tailors, tanning salons.
Personal services and business and consumer support services may also include
accessory retail sales of products related to the services provided."
SECTION 6: ESMC Chapter 4 -10 is amended in its entirety to read as follows:
"Chapter 10 MASSAGE ESTABLISHMENTS
4 -10 -1: PURPOSE:
A. This chapter establishes new permitting standards intended to comply
with California law and establish health and safety guidelines for
massage establishments.
B. This chapter is not intended to be exclusive and compliance will not
excuse noncompliance with any state or local laws or regulations that
are uniformly applied to other professional or personal services
businesses including, without limitation, all zoning applications;
business license regulations; building, fire, electrical, and plumbing
codes; and health and safety code laws and regulations applicable to
professional or personal services businesses.
C. This chapter establishes a local regulatory system that allows only
state certified massage therapists and massage practitioners to
operate within the City. This chapter is also intended to allow a
transitional period for certain existing massage practitioners to
continue practicing while they obtain state certification before
December 31, 2014, and to coordinate the timing of the City's business
license renewals with the state massage certification process.
4 -10 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meaning set forth
elsewhere in this Code, the Business and Professions Code, or Government
Code.
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"California Massage Therapy Council (CAMTC)" means the California Massage
Therapy Council created pursuant to Business and Professions Code §
4600.5(a).
"Certified Massage Practitioner" means a person who is currently certified as a
massage practitioner by the CAMTC, and who administers massage for
compensation.
"Certified Massage Therapist" means a person who is currently certified as a
massage therapist by the CAMTC, and who administers massage for
compensation.
"City" means the City of El Segundo.
"Director" means the planning manager or such other director designated by the
city manager.
"Massage" means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts
of the human body with the hands or with the aid of any mechanical or electrical
apparatus, or other appliances or devices, with or without such supplementary
aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment
or other similar preparations.
"Massage Establishment" means and includes any massage establishment,
parlor, or any room, place or institution where massage is given or administered
by a massage technician as the primary service of the business establishment.
"Massage Technician" means any person, who gives, performs or administers to
another person a massage for any form of consideration.
"Person" means and includes person(s), firms, corporations, partnerships,
associations or other forms of business organization or group.
"Specified anatomical areas" means and includes any of the following human
anatomical areas: genitals, pubic regions, anuses or female breasts below a
point immediately above the top of the areola.
"Specified sexual activities" means and includes all of the following:
A. Fondling or other erotic touching of specified anatomical areas;
B. Sex acts including, without limitation, intercourse, oral copulation, or
sodomy;
C. Masturbation; or
D. Excretory functions as part of or in connection with any specified
sexual activity listed in this definition.
4 -10 -3: ADMINISTRATION:
The Director is authorized to administer this chapter and to promulgate
administrative policies and procedures required to implement the regulations set
forth in this chapter.
4 -10 -4: CERTIFICATIONS REQUIRED:
A. Massage Establishment. It is unlawful for any person to own, operate
or maintain a massage establishment unless all massage technicians
employed by the massage establishment hold a current, valid
certification from the CAMTC as a massage practitioner or massage
therapist.
B. Massage Technician. It is unlawful for any person to engage in, or
carry on the business or activities of a massage technician without a
certification from the CAMTC as a massage practitioner or massage
therapist.
C. Off - premises massage service. It is unlawful for any person to own,
operate, or maintain an off - premise massage service in the city unless
all massage technicians employed by the off - premises massage
service hold a current, valid certification from the CAMTC as a certified
massage practitioner or certified massage therapist.
4 -10 -5: MASSAGE ESTABLISHMENT OWNER BACKGROUND CHECK
REQUIRED:
A. Any person, association, partnership, or corporation desiring to operate
a massage establishment, that will own five percent (5 %) or more of
the massage establishment, and that is not a certified massage
practitioner or certified massage therapist, must make an application to
the Director for an investigation of the applicant's background and
history. A nonrefundable fee, in an amount set by resolution, must
accompany the submission of each application to defray the cost of
investigation, inspection and enforcement of this chapter. An annual
nonrefundable renewal fee will also be charged to defray associated
costs of investigation, inspection and enforcement.
B. Each applicant for a background check must submit the following
information:
A
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
1 Driver's license number and social security number.
4. The proposed address of the massage establishment.
5. Each residence and business address of the applicant for the
three years immediately preceding the date of the application,
and the inclusive dates for such address.
6. Written proof that the applicant is at least 18 years of age.
7. Applicant's height, weight, and color of eyes and hair.
8. Two photographs of the applicant at least two inches by two
inches taken within four months preceding the date of the
application.
9. Applicant's business, occupation and employment history for the
ten years immediately preceding the date of application.
10. The business license or permit history of the applicant, including
whether such applicant has ever had any license or permit
issued by any agency or board, city, county or state revoked or
suspended, or has had any professional or vocational license or
permit revoked or suspended and the reason(s) for the
revocation.
11. All criminal convictions for any of the offenses set forth in this
chapter, and a statement of the dates and places of such
convictions.
12. If the applicant is a corporation, the name of the corporation
must be set forth exactly as shown in the articles of
incorporation or charter, together with the state and date of
incorporation and names and residence addresses of each of its
current officers and directors, and each stockholder holding
more than five percent of the stock of the corporation. If the
applicant is a partnership, the application must set forth the
names and residence addresses of each of the partners,
including the limited partners. If the applicant is a limited
partnership, it must furnish a copy of its certificate of limited
partnership filed with the county clerk. If one or more partners is
a corporation, the provisions of this section pertaining to
i=1
corporate applicants will apply. The applicant corporation or
partnership must designate one of its officers or general
partners to act as its responsible managing officer. Such
person must complete and sign all application forms required of
any individual applicant under this chapter, but only one
application fee will be charged.
13. The name and address of the owner and lessor of the real
property upon or in which the massage establishment is to be
operated, and a copy of the lease or rental agreement. If the
applicant is not the legal owner of the property, a notarized
acknowledgement from the owner of the property that a
massage establishment will be located on his or her property is
required for each massage establishment permit location.
14. The full true names and other names used, the present
addresses and telephone numbers, driver's license numbers,
and social security numbers, and state certificates from the
CAMTC or transitional licenses for all massage technicians who
will be working as employees or independent contractors at
each massage establishment permit location. The applicant
must provide the Director with any changes in the massage
technicians that work at the massage establishment during the
permit period within 10 working days of each change.
15. The Director may require the applicant to furnish fingerprints
when needed for the purpose of verifying identification.
16. Such other identification and information as may be required by
the Director in order to verify the information to be included in
the application.
C. The city is allowed a reasonable time, not to exceed 60 days, in which
to investigate the information on the application. During the
investigation of the background information, a city representative
including, without limitation, a member of the Police Department, Fire
Department, Building and Safety Department, Planning Department, or
any authorized representative thereof, may inspect, with or without
notice during regular business hours, the proposed place of business
to determine whether it conforms to the requirements of this chapter.
Upon completion of the inspection, the city representative must inform
the Director in writing of the findings of the inspection.
D. Background clearance will be issued, within 60 days of receipt of the
application, to any applicant who has furnished all of the information
required by this section in the application for such license, provided:
E:3
1. The applicant has not made a material false statement in the
application and that all massage technicians who will be working
as employees or independent contractors at each massage
establishment permit location possesses certification from the
CAMTC as a massage practitioner or massage therapist;
2. The applicant, if an individual, or in the case of an applicant
which is a corporation or partnership, any of its officers,
directors, holders or five percent or more of the corporation's
stock, has not, within five years immediately preceding the date
of the filing of the application been convicted in a court of
competent jurisdiction of any of the following offenses: Penal
Code §§ 243.4; 261; 266a through 266j; 267; 314 to 316; 318;
or 647(a, b, d); any offense requiring registration under Penal
Code § 290 or Health and Safety Code § 11590; or any felony
offense involving the possession, possession for sale, sale,
transportation, furnishing, or giving away of a controlled
substance specified in Health and Safety Code §§ 11054 to
11058, as amended; or any offense in another state which, if
committed in California, would have been punishable as one or
more of the heretofore mentioned offenses; or any offense
involving the use of force or violence upon the person of
another; or any offense involving theft, embezzlement or moral
turpitude;
3. The applicant is at least 18 years of age; and
4. The applicant has not had a massage technician, massage
establishment, escort service, nude entertainment, nude photo
studio or similar type of license or permit suspended within one
year or revoked within three years immediately preceding the
date of the filing of the application, unless the applicant can
show a material change in circumstances or that mitigating
circumstances exist since the revocation or suspension.
4 -10 -6: ADDITIONAL REQUIREMENTS:
Before operating a massage establishment in the city, massage establishment
owners must comply with all applicable codes adopted by the city, including,
without limitation, the building, electrical, and plumbing codes.
4 -10 -7: DISPLAY OF PERMIT:
Any owner of a massage establishment or off - premise massage service must
display the CAMTC certificates for all massage technicians prominently in a
M
conspicuous place, capable of being viewed by customers or city
representatives, at every location where massage is performed or conducted,
and carry photo identification card while on the premises of the massage
establishment and /or performing massage services. For off - premise massage
services, massage workers must also carry a copy of their CAMTC certificate
and photo identification card and display it to customers upon request. Any
advertising for a massage technician must include the name under which he or
she is certified and his or her certificate number.
4 -10 -8: MASSAGE TECHNICIAN CERTIFICATES REQUIRED:
It is unlawful for owners of massage establishments or off -site massage services
to allow any person to perform massage that is not a certified massage therapist
or certified massage practitioner.
4 -10 -9: PROHIBITED CONDUCT:
It is unlawful for owners of massage establishments or off - premise massage
services, or massage technicians, to conduct or allow any of the following
activities:
A. It is unlawful for any massage technician or any other employee
working in a massage establishment or for an off - premise massage
service, or customers, patrons, or guests of the establishment or
service, to engage in any specified sexual activities upon the premises
of the massage establishment or the off - premise massage location.
B. It is unlawful for any massage technician or other employee of a
massage establishment to expose specified anatomical areas in the
presence of any patron, customer, or guest.
C. In the course of administering the massage, it is unlawful for any
massage technician or other massage establishment employee to
make intentional physical contact with the specified anatomical areas
of any customer, patron or guest.
4- 10 -10: FACILITIES AND OPERATIONS:
It is unlawful for any massage establishment to operate unless the massage
establishment premises and operation comply with the following minimum
requirements:
A. Signs. A readable sign must be posted at the main entrance
identifying the establishment as a massage establishment, provided,
however, that all such signs must otherwise comply with the sign
requirements of this code.
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B. Lighting. Minimum lighting must be provided in accordance with the
California Building Code, as adopted by this code, and, in addition, at
least one unobstructed artificial light of not less than nine hundred
(900) lumens must be provided in each enclosed room or booth where
massage services are being performed on a patron.
C. Ventilation. Minimum ventilation must be provided in accordance with
the California Building Code, as adopted by this Code.
D. Disinfection of Instruments. Instruments used for massage must be
disinfected before each use. Where instruments for massage are
employed, adequate quantities of supplies for disinfection must be
available during all hours of operation.
E. Water. Hot and cold running water must be provided at all times.
F. Linen Storage. Closed cabinets must be utilized for the storage of
clean towels and linen. After use, towels and linen must be removed
and stored in a separate container until laundered.
G. Sanitary Conditions. All walls, ceilings, floors, steam and vapor rooms,
and all other physical facilities for the massage establishment must be
kept in good repair and be maintained in a clean and sanitary
condition.
H. Clean Linen. Clean and sanitary towels and linens must be provided
for patrons receiving massage services. No common use of towels or
linens is permitted.
Compliance with Laws. The premises to be used must at all times
comply with all applicable state and local laws and regulations.
J. Any room in which a massage establishment provides massage
services may not be used for residential sleeping purposes.
K. A register of all individuals employed as massage technicians, and
copies of their current CAMTC certifications and the massage
establishment owner's business license, must be maintained and
available for inspection at all times during regular business hours.
L. Each person present in any area of the massage establishment
outside the waiting area or other areas open to any member of the
public must be a certified massage practitioner or certified massage
therapist or the massage establishment owner.
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M. The permits and certifications required by this chapter must be
displayed in an open and conspicuous public place on the premises.
4- 10 -11: EXCEPTIONS:
This chapter does not apply to the following classes of individuals, and no
CAMTC certification is required of such persons, while engaged in the
performance of the duties of their respective professions:
A. Acupuncturists who are duly certified to practice their profession in the
state of California.
B. Barbers, beauticians, and cosmetologists with respect to scalp, feet,
hands, and face massages, who are duly permitted pursuant to
Business and Professions Code §§ 7301, et seq., in accordance with
the limitations of their permits.
C. Nurses who are registered as such under the laws of the state of
California.
D. Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly permitted to practice their respective professions in the
state of California, or provide professional services in lawful
compliance with Corporations Code § 13401(a).
4- 10 -12: PUBLIC NUISANCE ABATEMENT:
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance. The City Attorney is
authorized, in addition to or in lieu of any other legal or criminal proceedings, to
commence an action or proceeding for abatement, removal or enjoinment of
such massage establishment in the manner provided by law. The City Attorney
may seek a court order to grant such relief to abate or remove such massage
establishments and restrain and enjoin any person from operating, conducting or
maintaining such an establishment contrary to the provisions of this chapter.
4- 10 -13: REVOCATION:
A. Grounds for Revocation. The Director or City Attorney may revoke
approvals issued under this chapter for one or more of the following
grounds:
1. Fraud or Deceit. That the applicant practiced fraud or deceit in
obtaining an approval under this chapter;
2. Violation of Chapter. That the massage establishment owner,
12
operator, massage technician, or its employee violated a
provision or provisions of this chapter;
3. Criminal Conviction. That the massage establishment owner,
operator, massage technician, or its employee has been
convicted in a court of competent jurisdiction of any offense
described in this chapter;
4. Improperly Maintained Facilities. That the facilities and
operations of the massage establishment are not kept in
compliance with this chapter, and that the owner or operator has
failed to promptly remedy any deficiency of which they have
been notified. For purposes of this subsection, "notice" means
notice given personally or by leaving notice at the massage
establishment premises, or by first class mail, postage prepaid,
to the address designated by the massage technician or
establishment in accordance with this chapter;
5. Employment of Uncertified Technicians. That the massage
establishment has employed, allowed or permitted an
uncertified person to perform massage in the massage
establishment;
6. Error. That the approval was issued in error;
7. Civil Penalties. Assessment of three or more civil penalties as
provided by this chapter during any six month period; or
8. Prohibited Conduct. A massage establishment owner, operator,
massage technician, or its employee or agent has been found to
have engaged in prohibited conduct in violation of this chapter
or Business and Professions Code Section 4600 et seq.
B. Notice of Revocation. Upon a determination on the grounds to revoke
an approval under this chapter, the Director or City Attorney must
cause a notice of revocation to be mailed by first class, postage
prepaid mail, to the address designated by the massage technician or
establishment pursuant to this chapter.
4- 10 -14: CIVIL LIABILITY AND PENALTIES:
A. Any person violating any provision of this chapter is liable in a civil
action brought by the City Attorney for an amount up to $500 per
violation. Such person is also liable for reasonable attorneys' fees and
costs incurred by the City Attorney in any civil proceeding filed to
enforce this chapter.
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B. Enforcing this chapter through civil action may be filed as an
alternative to criminal enforcement. Civil enforcement does not require
the violation to be knowing or willful. A civil action cannot be filed if the
person is being criminally prosecuted.
C. Each violation of this chapter is a separate offense subject to the civil
penalty.
D. The City Attorney may settle any civil enforcement before or after to
the filing of a civil action by imposing a civil penalty in an amount not
exceeding the potential civil liability, including attorneys' fees, set forth
in this section. If such civil penalty is paid in full, the City Attorney can
agree not to file civil or criminal actions or, if action has already been
filed, may dismiss such action. Imposition of all civil penalties is public
record.
E. All civil fines must be deposited into the general fund.
4 -10 -15 APPEAL:
Any person denied an approval under this chapter or a massage establishment
owner or operator whose approval has been revoked may appeal the denial or
revocation in writing pursuant to the appeal procedures provided in by section 1-
2A-15 et seq. of this code. Such appeal must be in writing an must be filed with
the City Clerk not more than fifteen (15) days following the Director's deposit into
the mail of the notice of denial or revocation sent to the applicant or massage
establishment owner or operator to the address listed by the applicant or
massage establishment owner or operator pursuant to this chapter. Any
successful appeal will result in approval or reinstatement of an approval and
refund of any fines collected by the City."
SECTION 7- Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 8: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 9: Severability. 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
14
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 10: 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.
15
SECTION 11: This Ordinance will take effect on the 31st day following its final passage
and adoption.
PASSED, APPROVED, AND ADOPTED this day of February, 2013.
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger,
Assistant City Attorney
Carl Jacobson,
Mayor
ATTEST:
TRACY SHERRILL WEAVER, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, TRACY SHERRILL WEAVER, City Clerk of the City of El Segundo, California, do
hereby certify that the foregoing Ordinance No. 1476 was introduced, and placed upon
its first reading at a meeting of the City Council of the City of El Segundo, held on the
15th day of January, 2013. That thereafter on the 5th day of February, 2013, said
Ordinance was duly passed, approved and adopted by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Dated this 5th day of February, 2013
Tracy Sherrill Weaver, City Clerk
City of El Segundo, California
16
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: February 5, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding authorizing the recording of the Notice of
Completion and authorizing the City Manager to accept completion of work for 34 homes
related to the City's Residential Sound Insulation Program's Group 42 (Project No. RSI
12 -01). (Final Contract Amount: $1,336,244.67)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion in the County Recorder's Office;
2. Authorize the City Manager, or designee, to closeout Project No. RSI 12 -01; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning and Building Safety Director's Notice of Completion
2. List of homes included in Groups 42
FISCAL IMPACT: Included in Adopted Budget
Amounts Budgeted: $1,449,785.70
Additional Appropriation: N/A
Account Number(s): 116 - 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manager
REVIEWED BY: Sam Lee, Director of Planning a wilding Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
This project is part of the City's Residential Sound Insulation (RSI) Program financed by federal
grants from the Federal Aviation Administration (FAA) and the settlement agreement with Los
Angeles World Airports (LAWA).
The RSI Program offers modifications to owners of qualifying residential property in the City of
El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring
Los Angeles International Airport (LAX).
At its meeting on March 20, 2012 the City Council awarded a construction contract to Big West
Construction Corporation for construction at 34 homes, commonly referred to as Group 42 of the
RSI Program.
The work has now been completed and the final contract amount is $1,336,244.67.
City Council is reminded that eighty percent (80 %) of casts associated with the Residential
Sound insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plana to the City of Las Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA.
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Residential Sound Insulation Program — Group 42
Project No.: RSI 12 -01
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of interest stated below in the property hereinafter described.
2. The project owner's name is: City of El Segundo
3. The full addresses of the project are: attached as Exhibit A and incorporated by reference
4. The nature of the interest of the owner is:
5. A work of improvement on the property hereinafter described was field reviewed by City representatives
on: see attached Exhibit A
6. The work done was: Residential Sound Insulation Program Improvements
7. On February 5, 2013, City Council of the City of El Segundo accepted the work of this contract as being
complete and directed the recording of this Notice of Completion in the Office of the County Recorder.
8. The name of the Contractor for such work of improvement was: Big West Construction Corporation
9. The property on which said work of improvement was completed is in the City of El Segundo, County of
Los Angeles, State of California, and is described as follows: Private Residence(s) listed in Exhibit A
10. The street address of said properties are: set forth in Exhibit A
Dated:
Sam Lee
Planning and Building Safety Director
VERIFICATION
I, the undersigned, say: I am the Director of Planning and Building Safety of the City El Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on at El Segundo, California
Sam Lee
Planning and Building Safety Director
Notice of Completion
Exhibit A
RSI Number
I Project Address
42.01
1811 Virginia Street
Not Included
42.03
1663 West Sycamore Avenue
42.04
1817 Virginia Street
Not Included
42.06
745 Virginia Street
42.07
632 West Oak Avenue
42.08
701 Hillcrest Street
42.09
701 Loma Vista Street
42.10
1702 West Palm Avenue
Not Included
42.12
1621 West Elm Avenue
42.13
11025 East Acacia Avenue
Not Included
42.15
407 East Walnut Avenue
42.16
518 East Walnut Avenue
42.17
537 East Walnut Avenue, Unit A
42.18
537 East Walnut Avenue, Unit B
42.19
857 Maryland Street
42.20
848 Sheldon Street
42.21
840 Pepper Street
42.22
300 East Maple Avenue
42.23
304 East Maple Avenue
42.24
507 East Maple Avenue
42.25
745 Main Street, Unit 101
42.26
745 Main Street, Unit 102
42.27
745 Main Street, Unit 104
42.28
745 Main Street, Unit 107
42.29
745 Main Street, Unit 201
42.30
745 Main Street, Unit 202
42.31
745 Main Street, Unit 204
42.32
745 Main Street, Unit 205
42.33
745 Main Street, Unit 208
42.34
745 Main Street, Unit 302
42.35
745 Main Street, Unit 304
42.36
745 Main Street, Unit 306
42.37
745 Main Street, Unit 307
42.38
745 Main Street, Unit 308
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) delegating authority to the City Manger or
his designee to approve banner requests for Sepulveda Blvd. under the City's Caltrans
Banner Permit and 2) establishing a fee for processing these permit requests.
(Fiscal Impact: potential revenue)
RECOMMENDED COUNCIL ACTION:
1. Delegate authority to the City Manager to approve banner requests for Sepulveda
Blvd. under the City's Caltrans Banner Permit Program.
2. Direct staff to establish a processing fee for Sepulveda Blvd. banner applications.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Undetermined
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): 001 - 300 - 0000 -3804 (Revenue: Public Works Services)
ORIGINATED BY: Stephanie Katsouleas, Public Works Director
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Annually, the City of El Segundo applies for and receives an encroachment permit from Caltrans
to hang banners and decorations across or along Sepulveda Blvd, for city- sponsored programs,
announcements and events. Recently the City has received several requests from outside
individuals and organizations to utilize the City's blanket permit to promote or announce various
events, including the 10 -K Relay for Life event and the opening of the El Segundo Museum of
Art on Main St.
Historically, any organization wishing to hang a banner across Sepulveda Blvd. was directed to
apply for an encroachment permit directly from Caltrans. Caltrans limits banner permit
eligibility to local agencies and non - profit events approved by the local agency. Banners
displaying private advertisements are not allowed. Caltrans also issues biennial permits to local
agencies for installation of non - decorative banners at specific locations for recurring events (e.g.,
Dine, Shop Play banners, Christmas Parade).
Staff investigated whether non -profit organizations could appropriately utilize the City's Caltrans
blanket permit to advertise their events; we determined that for events which are sponsored (or
co- sponsored) by the City, then the blanket permit covers the event and banner placement on
Sepulveda (banner placement is limited to two weeks). To begin exercising this opportunity,
staff recommends that the steps be taken with minimal impact to staff resources:
1. Applicant applies directly to the City for hanging a banner over Sepulveda Blvd. under
the City's annual Caltrans Encroachment permit; staff will confirm that both the applicant
and event qualify under Caltrans and City guidelines.
2. Permit is approved by the City Manager or his designee
3. Applicant submits evidence of insurance and pay an appropriate processing fee to the
City
4. Applicant make arrangements to have his/her banner hung using an outside vendor
(scheduling dates would be pre- approve as part of the application process)
Please note that there is only one location in El Segundo to hang a banner across Sepulveda
Blvd. approximately half way between Grand Ave. and Mariposa Ave. Staff anticipates that the
number of requests to banners displayed across Sepulveda Blvd. will increase under this
program. Therefore, delegating approval authority to the City Manager or his designee will save
significant staff resources by eliminating the need to write a staff report for every request
received. This authority would be consistent with the approval process already delegated to
Public Works for other banners placed in other areas throughout the City. Other benefits
include:
• For events co- sponsored by the City, use of the City's Caltrans Encroachment
permit will save non -profit organizations significant time and resources in
advertising their events. It also allows the City to proactively manage the
scheduling of banner placement, giving priority to City events.
• Broader use of banners on Sepulveda Blvd. will help highlight and promote the
many great programs, community events and services our City has to offer due to
the volume of traffic Sepulveda Blvd. receives (approximately 63,000 cars per
day each direction)
Based on the discussions above, staff recommends that City Council:
1. Delegate banner permit approval authority for Sepulveda Blvd. to the City Manager or
his designee.
2. Direct staff to establish a few to offset resources used to review applications and issue
permits. Please note that current permit fee is $178.00 for local banner placement.
EL SEGUNDO CITY COUNCIL MEETING DATE: February 5, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to appropriate additional contingency funding from
the Sewer Enterprise Fund for anticipated change orders regarding the Sanitary Sewer
System Rehabilitation project. Project No. PW 11 -09 (Fiscal impact $100,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize an additional $100,000.00 in contingency funds from the Sewer Enterprise
Fund to cover anticipated changes orders in the Sanitary Sewer Rehabilitation Project
and authorize the City Manager to execute an amendment in a form approved by the
City Attorney, for additional work should it become necessary.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: $100,000 Budget Adjustment Required
Amount Budgeted: $1,116,370.00
Additional Appropriation: Yes $100,000.00
Account Number(s): 502- 400 - 8204 -8647 (Sewer Enterprise Fund)
ORIGINATED BY: Lifan Xu, Principal Engineer I 1 6-% l---,
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On June 19, 2012, the City Council awarded a $1,116,370 contract to MNR Construction for the
construction of the Sanitary Sewer System Rehabilitation project for various locations within the
Smoky Hollow Specific Plan area and a sewer main upgrade along Maple Avenue between
Lairport Street and Nash Street. The award also included $145,613 in contingency funding, of
which approximately $70,000 has already been expended on change orders due to unknown
concrete encasements, undocumented utilities that caused worker delays, improperly marked
utilities and additional pipe replacement.
The project is progressing on schedule and majority of the works has been completed. However,
staff and the contractor recently discovered that the previously installed fiber optic cable on
Maple Ave. was not placed according to approved plans. The submitted plans indicate that the
fiber conduit would be installed 7' north of the existing 8" sewer line. However, field conditions
show that the actual fiber line was installed incorrectly and is located anywhere from 2' to 5'
from the sewer line. This error may be due to the directional boring technique used. For this
10
reason, the existing fiber conduit may be in direct conflict of the proposed sewer trench line.
Staffs concern is that additional shoring and compaction may become necessary should the soils
start to cave in. Staff and project inspector are monitoring construction activities closely as the
contractor begins working in the effected area. it is undetermined whether the additional funds
to cover unforeseen conditions will be necessary, but in the interest of avoiding project delays,
which could cost even more for remobilization, staff is recommending that City Council
preemptively authorize the additional appropriation monies from the Sewer Enterprise Fund.
Staff also recommends that City Council authorize the City Manager to approve potential change
orders for up to $100,000 in additional to the $145,613 contingency already available.
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