2012 Nov 20 - 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, November 20, 2012 - 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:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator, and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -2- 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
2
2
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, November 20, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Council Member Atkinson
N
3
PRESENTATIONS
a) Presentation - The City Council recognizes Mattel, Inc., as the sponsor for
the annual Holiday Tree Lighting event with the presentation of a plaque.
b) Presentation - Sue Carter, Past President of the Friends of the Library, will
be discussing a fundraising campaign to convert the El Segundo Herald
on microfilm to digital access on the Library's webpage.
c) Presentation — The Los Angeles County Metropolitan Transportation
Authority is examining ways to connect the growing Metro Rail system to
LAX.
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.
0
4
1. Warrant Numbers 2590099 to 2590282 on Register No. 3 in the total amount
of $562,462.49 and Wire Transfers from 10/26/12 through 11/08/12 in the
total amount of $1,287,265.14.
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.
2. Regular City Council Meeting Minutes of November 6, 2012 and Special
Meetina Minutes of October 30. 2012.
Recommendation — Approval.
3. Consideration and possible action regarding the approval of an
amendment to extend Median Landscape Maintenance Agreement No. 2513
between the City of El Segundo and the City of Manhattan Beach for
median landscape maintenance on Rosecrans Avenue between Highland
Avenue and Aviation Boulevard for a 10 -year period.
(Fiscal Impact: Included in adopted budget)
Recommendation — 1) Approve the Amendment to extend Median Landscape
Maintenance Agreement No. 2513 between the City of El Segundo and the City
of Manhattan Beach for a 10 -year period; 2) Authorize the City Manager to
execute the Amendment on behalf of the City of El Segundo; 3) Alternatively,
discuss and take other action related to this item.
4. Consideration and possible action to Adopt a resolution approving plans
and specifications rehabilitating Aviation Boulevard from El Segundo
Boulevard to Rosecrans Avenue.
(Fiscal Impact: $0)
Recommendation — 1) Adopt draft resolution approving plans and specifications;
2) Alternatively, discuss and take other action related to this item.
F. NEW BUSINESS
5. Presentation regarding the El Segundo South Campus Specific Plan
Project. Applicant: Raytheon Corporation.
(Fiscal Impact: N /A)
Recommendation — 1) Receive and File Presentation; 2) Alternatively, discuss
and take other action related to this item.
5
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6. Consideration and possible action to adopt an urgency ordinance deleting
the ten minute parking restriction on food trucks based upon changes in
the California Vehicle Code and direct staff to return to Council within the
next ninety to one hundred eight days with a proposed new ordinance that
would regulate parking for food trucks.
Fiscal Impact: None)
Recommendation — 1) Adopt the Urgency Ordinance amending E.S.M.C. Section
8- 5 -163A and declaring the urgency thereof; 2) Direct Staff to study the public
safety impacts associated with mobile vending from vehicles and return with a
proposed ordinance to regulate same; 3) Alternatively, discuss and take other
action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson —
Council Member Fisher —
Mayor Pro Tern Fuentes —
Mayor Jacobson —
rei
6
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
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 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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: 11-14. /9-
TIME:
NAME: 11V
7
Presentation
The City Council recognizes Mattel, Inc., as the sponsor for the
annual Holiday Tree Lighting event with the presentation of a plaque.
Presentation
Sue Garter, Past President of the Friends of the Library, will be
discussing a fundraising campaign to convert the El Segundo Herald
on microfilm to digital access on the Library's webpage.
Presentation
The Les Angeles County Metropolitan Transportation Authority is
examining ways to connect the growing Metro Rail system to LAX..
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11
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/26/12 THROUGH 11/08/12
Date
10/12/2012
10/12/2012
10126/2012
10/26/2012
10/26/2012
10/26/2012
1 0126/20 1 2
10/26/2012
10/26/2012
10/26/2012
10/29/2012
10/29/2012
10/29/2012
10/31/2012
10/31/2012
111/512012
11/6/2012
11/7/2012
11/8/2012
11/8/2012
11/8/2012
1118/2012
10/26- 1118/12
Payee
State of CA EFT
State of CA EFT
State of CA EFT
Manufacturers & Traders
Manufacturers & Traders
Manufacturers & Traders
South Bay Credit Union
Nationwide NRS EFT
Nationwide NRS EFT
US Bank - Trust Acct
Cal Pers
Cal Pers
Unum
Health Comp
Lane Donovan Golf Ptr
Pitney Bowes
Cal Pers
Health Comp
State of CA EFT
Employment Development
Employment Development
IRS
Workers Comp Activity
DATE OF RATIFICATION: 11/20/12
TOTAL PAYMENTS BY WIRE:
Amount
(2,014.24)
3,971.54
3,630.01
792.31
4,466.54
19,982.86
15,525.38
2,145.78
73,952.13
7,094.56
100,247.41
228,507.29
274.20
2,811.37
20,526.96
1,000.00
448,530.17
3,882.08
2,014.24
48,836.09
3,321.32
214,073.85
&3,693.29
1 ,287,265.14
Certified as to the accuracy of the wire transfers by:
Deputy City Tr surer Date
DirecAD of FInarwQ Date
Description
Correct prior memo Child support pmt
Correct prior memo Child support pmt
EFT Child support payment
IRA payment Vantagepoint
401 payment Vantagepoint
457 payment Vantagepoint
Payroll credit union deduction pmt
EFT 401 a payment
EFT 457 payment
PARS payment
EFT Retirement Misc
EFT Retirement Safety
LTD
Weekly claims
Payroll Transfer
Postage Library
Health payment
Weekly claims
EFT Child support payment
State Taxes
State Taxes
Federal Taxes
SCRMA checks issued
1,287,265.14
City M er Date
Inform on on a al expenditures is available in the City Treasurer's Office of the City of El Segundo.
P:ICity TreasurerNWire Transfers120121Wire 2012 4th quarterlWire Transfers 11 -08 -12 12
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, November 6, 2012 — 5:00 PM
5:00 P.M. SESSION
Adjourned to 6:00 PM due to lack of quorum.
CALL TO ORDER — Mayor Jacobson at 6:00 PM
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern -
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.
None
Mayor Jacobson announced that Council would be meeting in closed session pursuant
to 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) -1- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 1
13
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter
Request for unpaid leave (pursuant to El Segundo Municipal Code
Section 1 -6 -20)
Position/Title: Police Officer
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): -1-
matters
Sale or Lease of City Owned Property (Price and Terms):
Real Property: City owned parking lot at Corner of Main Street and Grand
Avenue
(Assessor Parcel Number: 4135- 003 -901)
City's Negotiator: Greg Carpenter, City Manager
Adjournment at 6:55 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 2
14
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, November 6, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:01 PM
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
PRESENTATIONS
a) Mayor Jacobson presented the Proclamation for Spark of Love Toy Drive to Fire
Chief Smith.
b) Presentation - Fill- the -Boot Campaign. Megan Berry, Director of Business
Development - Los Angeles Chapter Muscular Dystrophy Association.
Campaign will take place November 12, 13, and 14, 2012.
c) Presentation by Walter Rosenkrantz — Car 2 Go Program.
d) Presentation by Nelson Martinez, School Board President and Tom Johnstone,
Superintendent — spoke on the Wiseburn School District High School Update.
Matt Wonder from the Da Vinci schools spoke.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern -
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 3
15
Samantha Cano, Newly Elected Youth Director for Tree Musketeers — Reported
Mulching is November's topic for Tree Musketeers.
Carlos Donahue — Chairperson for Run for Education — gave an update on the Race for
2013. Mr. Donahue had a few requests of the City for the 2013 race. Mayor Jacobson
instructed City Manager, Greg Carpenter, to have staff price out the requests made by
Mr. Donahue.
Sam Pena — Republic Services — spoke on items coming up for the rest of 2012.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Mayor Pro Tem 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)
C. UNFINISHED BUSINESS
Consideration and possible action regarding 1) Approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the
California Teamsters Public, Professional a Employees' Association (SPEA)
bargaining unit; 2) Adoption of a Resolution approving the Memorandum of
Understanding; 3) Adoption of a Resolution establishing the salary for
Environmental Safety Manager; and 4) Adoption of a Resolution for CalPERS
Employer Paid Member Contribution for Supervisory and Professional
Employees' Association.
(Fiscal Impact: Estimated Savings FY 2012/2013 of $339,900.00)
Debra Cullen, Director of Finance, gave a brief explanation.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
adopt Resolution No. 4795 approving the Memorandum of Understanding No. 4348,
Adopted Resolution No. 4796 establishing the salary for Environmental Safety Manager,
and Adopted Resolution No. 4797 for CalPERS Employer Paid Member Contribution.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 4
16
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 2589674 - 2590098 on Register No. 2 in the total
amount of $2,385,035.62 and Wire Transfers from 10/04/2012 through
10/25/2012 in the total amount of $3,225,231.05. Authorized staff to release.
Ratified Payroll and Employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and /or adjustments; and wire
transfers.
3. Approved City Council Meeting Minutes of October 16, 2012.
4. Authorized the City Manager to sign Supplemental Agreement No. 4001 A with
the City of Los Angeles who serves as grant administrator for the Urban Area
Security Initiative 2008 grant program.
(Fiscal Impact: N /A)
5. Adopted Resolution No. 4798 to approve a Youth Employment Plan in
accordance with the Los Angeles County Regional Park and Open Space
District's Procedural Grant Guide for Youth Employment Policy.
(Fiscal Impact: None)
6. Authorized the City Manager to sign and enter into Agreement, No. 4345
reviewed by the City Attorney, with the American Red Cross to use the Joslyn
Community Center and the Gordon Clubhouse facilities as emergency shelters in
the event of a disaster in El Segundo.
(Fiscal Impact: None)
7. Received and filed a report regarding the emergency repair of fuel pumps at
the Maintenance Yard.
(Fiscal Impact: $1,158.68)
8. Authorized the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion in the County Recorder's Office and authorized the City
Manager, or designee, to close out Project No. RSI 12 -02.
(Fiscal Impact: $1,517,879.19)
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to
approved Consent Agenda items 1, 2, 3, 4, 5, 6, 7, and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 5
17
NEW BUSINESS
9. Consideration and possible action to adopt a resolution of intent to approve an
amendment to the contract between the California Public Employees' Retirement
System (CaIPERS) and the City of El Segundo to provide Government Code §
20475 (Different Level of Benefits for the 2% @ 60 formula) for Local
Miscellaneous Members entering into membership after the effective date of the
Contract, Introduced and waived first reading of an ordinance amending the
contract between the City and CalPERS and scheduled second reading and
adoption for December 4, 2012.
(Fiscal Impact: None for Fiscal Year 2012/13)
Debra Cullen, Director of Finance, gave a brief explanation
MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to
adopt Resolution of Intent No. 4799. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
Council Member Fellhauer Introduced Ordinance No. 1472 amending the Contract
between the City of El Segundo and CalPERS. Second reading and adoption
scheduled for December 4, 2012.
REPORTS — CITY MANAGER — Mentioned the City's Web Site now has a new feature,
the Virtual City Hall tab for our online services.
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS -
Council Member Fellhauer — spoke regarding Independent Cities Association, President
Jay Gomez, is a having Press Conference on November 15, 2012 regarding AB109.
Council Member Atkinson —
10. Consideration and possible action regarding the recommendation to
implement a surcharge to design and construct the City's One Stop Permit
Center.
(Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 6
W]
A verbal directive, by Council, to staff to initiate a study and bring back to council a fee
resolution to adopt a temporary surcharge in order to design and construct the City's
One Stop Permit Center.
Council Member Fisher — None
Mayor Pro Tern Fuentes — Attended the Fire Fighter's Association Retirement Event,
attended the South Bay Workforce Investment Board's Award Event and attended
"Salute to the Military" Chamber of Commerce Luncheon. Spoke on preparing for a
Natural Disaster.
Mayor Jacobson — Mentioned that the legislature and Governor signed a bill that would
add a $1.00 surcharge for all Business Licenses. Attended the Fire Fighter's
Association Retirement Event.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
None
MEMORIALS — None
ADJOURNMENT at 8:45 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
November 6, 2012
PAGE NO. 7
19
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 30, 2012 — 5:00 PM
CALL TO ORDER — Mayor Jacobson at 5:00 p.m.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern -
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
to the items listed on the agenda.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et sec.) 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) -0- matter
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
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
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OCTOBER 30, 2012
PAGE NO. 1
20
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matter
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matter
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
Council Moved to open session.
OPEN SESSION - 6:38 P.M.
SPECIAL MATTERS
1. Conducted an Energy Efficiency Workshop — Mark Casias — Project Manager for
the City of El Segundo Strategic Plan Program, Patrick Stoner — California's
Statewide Local Government Energy Efficiency Best Practices Coordinator and
Sam Lee — Director of Planning and Building Safety for the city of El Segundo
were presenters for the workshop.
Council received and filed presentation.
ADJOURNMENT at 8:05 p.m.
Tracy Weaver, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OCTOBER 30, 2012
PAGE NO. 2
21
EL SEGUNDO CITY COUNCIL MEETING DATE: November 20, 2012
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of an amendment to extend Median
Landscape Maintenance Agreement No. 2513 between the City of El Segundo and the City of
Manhattan Beach for median landscape maintenance on Rosecrans Avenue between Highland
Avenue and Aviation Boulevard for a 10 -year period. (Fiscal Impact: Included in adopted budget)
RECOMMENDED COUNCIL ACTION:
1. Approve the Amendment to extend Median Landscape Maintenance Agreement No. 2513
between the City of El Segundo and the City of Manhattan Beach for a 10 -year period.
2. Authorize the City Manager to execute the Amendment on behalf of the City of El Segundo.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Second Amendment to Agreement between The City of El Segundo and The City of
Manhattan Beach (2002- 2012).
2. Extension of Agreement Between The City of El Segundo and The City of Manhattan
Beach (1997 -2002)
3. Original Agreement Between the Cities of Manhattan Beach and El Segundo. (1977-1997)
FISCAL IMPACT: Included in adopted budget
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A � ./
PREPARED BY: Mark Trujillo, Parks Superintendent Pa.
REVIEWED BY: Bob Cummings, Director of R eation and Parks
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
The Cities of El Segundo and Manhattan Beach entered into a 20 -year Median Landscape Maintenance
Agreement on May 3, 1977 in which the City of Manhattan Beach maintains the median on Rosecrans
Avenue from Highland Avenue to Sepulveda Boulevard and the City of El Segundo maintains the
median from Sepulveda Boulevard to Aviation Boulevard.
An extension of the agreement between the Cities was entered into on June 16, 1997 and expired on
June 30, 2002. A second amendment between the Cities was entered into on November 19, 2002 and
will expire on November 19, 2012. Staff from both Cities believe this agreement has been mutually
beneficial and recommend extending the term of Agreement No. 2513 for a 10 -year period.
W
22
SECOND AMENDMENT TO
AGREEMENT NO, 2513 BETWEEN
THE CITY OF EL SEGUNDO AND THE CITY OF MANHATTAN BEACH
FOR MEDIAN LANDSCAPE MAINTENANCE OF ROSECRANS AVENUE BETWEEN
HIGHLAND AVENUE AND AVIATION BOULEVARD
THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this 19TH day of
November 2002, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California, and the CITY OF REDONDO BEACH, a general
law city and municipal corporation existing under the laws of California
This Amendment extends the term of Agreement No 2513 until November 19, 2012
2 This Amendment may be executed m any number or counterparts, each of which will be an
original, but all of which together shall constitute one instrument executed on the same date
3 Except as modified by thus Amendment, all other terms and conditions of Agreement No
2513 will remain the same.
CITY OF EL SEGUNDO,
a general Iaw city -
Mary Strenn,
City Manager
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS
Mark D Henslev
M
rl H Berger,
Assistant City 4
CITY OF MANHATTAN BEACH
a general law city
128
23
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This AGREEMENT, made and entered into thisL(Lthday of TUNE , 1997 between the
CITY OF MANHATTAN BEACH and THE CITY OF EL SEGUNDO, municipal corporations
of the County of Los Angeles, State of California, is made with respect to the following facts
1 On May 3, 1977, the parties entered into an agreement to provide for
median landscape maintenance of Rosecrans Avenue between Highland Avenue and Aviation
Boulevard ( "Original Agreement ") This Original Agreement is set to expire on Jane 30, 1997.
2 The parties desire to extend the term of the Original Agreement for a
period of five (5) years
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS;
A The term of the Original Agreement shall hereby be extended for a period of
five (5) years so that the term of the Original Agreement shall now expire on June 30, 2002.
The CITY OF MANHATTAN BEACH and The CITY OF EL SEGUNDO have caused
this AGREEMENT to be approved by the City Councils of said cities with the authority that the
same may be executed by the respective Mayors and City Clerks of said Cities.
T-
Attest.
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Clerk
(Seal)
Attest.
s Vandscap wpd r rr M..4.+ •Y.�/n
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CITY OF MANHATTAN BEACH
~ ayor
CITY OF EL SEGUNDO
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AGREEMENT BTTW}'31 THE C7TTES OF Al- �
1iA1QH1VTTAN BPAC11 AND El, SEGUNDO 7--
PAR THE MRDIAN LANDSCAPE MAINTENANCE or nosECms
AVENUE BETWEEN HIGHLAND AVENUE AND AVIATION BOULEVARD
THIS AGRFEKENT, made anid entered into this � 3rS` •-C�i day 5 c
of May , 1977, between the CITY OF MANHATTAN BEACH and all
CAM
the CITY OF FL SCIGIJNDO, municipal corporations of the County of Los
Angeles, State of California, ix made'* with respect to the rol.lowing
fael s : _/_� '= va
1. Rosecrans Avenue, between Aviation Boulevard and Highland M%'W1.
Avenue is on the Select System of Streets for the Cities of Manhattan'`
Beach and El Segundo with the City boundary generally coinciding with
the center line of Rosecrans Avenue.
2. The two cities desire to jointly maintain median island
landscaping, irrigation system and appurtenances on Rosecrans Avenue
between Aviation Boulevard and Highland Avenue.
3. Title 3, Division 7, Chapter 5, Article 1 of zhe Government
Code of the State of California (Sections 6500 to 6513, inclusive,
providing for joint powers agreements between public agencies as
defined in section 6500 of the Government Code) gives authority
for the ,Joint accomplishment such projects.
NOW, TITI:R3s)j'ORR., IT IS MA TUAIXY AGREED AS FOLTUWS:
A. The scope of the landscape maintenance shall include all trees,
shrubs and ground cover, irrigation system, water supply and appurtenan-
ces within the median island of Rosecrans Avenue between Aviation Boule-
vard and Highland Avenue.
D. The City or Manhattan Beach saall perform all maintenance
functions for the Rosecrans Avenue landscaped median from Highland
Y"Av
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nue to Sepulveda Boulevard,
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25
C. The C.Lty of 70 Segundo ,h,01 perform all maintenance functions
for the Rosecrans Avenue landscaped median from Sepulveda Boulevard to
Aviation Boulevard.
D. It is mutually understood and agreed that any major changes In
the type or amount of landscapeng as it exists shall be done only with
the concurrence of both parties.
F. This contract shall become effective on the date mentioned
above and shall run for a twenty (20) year period beginning July 1, 1977
and ending Juno 30, 1997.
F. Notwithstand -Lng the provisions of Paragraph G above, either
party may terminate this agreement as of the first day of July of any
year upon notice in %triting to the other party of not less than two
(2) calendar months prior to the date of termination.
The CITY oP MANITATTAH BEACH and the CITY OF EL SEGUNDO have
cau::ed this agreement to be approved by the City Councils of said
Cities with authority that the same be executed by the respective
Mayors and City Clerks of said Cities, the day and year first hereinabov-
written. ,
Ari9. VS'T : CITY OF 1d TFA 13 If
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ATTEST:
CITY OF EL SEGUNDO
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2 6
EL SEGUNDO CITY COUNCIL MEETING DATE: November 20, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution approving plans and
specifications rehabilitating Aviation Boulevard from El Segundo Boulevard to
Rosecrans Avenue. (Fiscal Impact $0)
RECOMMENDED COUNCIL ACTION:
1. Adopt draft resolution approving plans and specifications.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
Resolution
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Arianne Bola, Associate Engineer AJj
REVIEWED BY: Stephanie Katsouleas, Public Works Director4~--'"
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
Aviation Boulevard is major arterial in El Segundo and a high priority for rehabilitation. On
October 2, 2012, City Council awarded a contract to Shawnan for the rehabilitation of a portion
of Aviation Blvd., between 116th and El Segundo Blvd. However, because the lowest bid was
less than expected, a residual $50,000.00 in Proposition C funding is still available for street
rehabilitation. Staff proposes to continue the street rehabilitation project on Aviation Blvd. to
include the segment between El Segundo Blvd. and Rosecrans. This southern segment has a
Pavement Condition index (PCI) of 31 out of 100 with potholes and alligator cracking
throughout its length. Agencies typically attempt to keep a street's average PCI above 65, which
is "good to fair." Those Prop C funds for street rehabilitation are set to expire and must be used
by February 2013. Staff estimates that the additional work will cost approximately $200,000 and
has identified available Gas Tax funds to cover the Prop C shortfall. In additional to annual
slurry seals and sidewalk repairs, Gas Tax funds are allocated to the highest priority major
arterial street repairs in El Segundo, of which Aviation Blvd. is second only to El Segundo Blvd.
Notwithstanding the availability of Prop C funds, Aviation would have been the next road
segment recommended for restoration given the City's available budget for street repairs and the
road's PCI rating.
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27
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RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR STREET
REHABILITATION WITHIN CITY FACILITIES PURSUANT TO
GOVERNMENT CODE § 830.6.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. City staff has prepared bid specifications for the street rehabilitation
project proposed on Aviation Boulevard between El Segundo Boulevard
and Rosecrans ( "Project ");
B. The City Engineer reviewed the completed design and plans for the
Project and agrees with staff that the plans are complete and the Project
may be constructed;
C. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Environmental Assessment. The proposed project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities); and § 15303 as a Class 3 categorical exemption (New Construction or
Conversion of Small Structures). The project results in minor alterations to operations of
existing public facilities involving no significant expansion of the existing use. The
project is not anticipated to have any significant impacts with regard to traffic, noise, air
quality, or water quality. There are adequate utilities and public services to serve the
project.
SECTION 3: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
Page 1 of 2 29
F. The City Manager, or designee, may solicit bids for the Project in
accordance with applicable law.
SECTION 4: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account "). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 5: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 6: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Carl Jacobson, Mayor
Karl H. Berger, Assistant City Attorney
20
Page 2 of 2 30
AGENDA HEADING: New Business
AGENDA DESCRIPTION, Presentation regarding the El Segundo South
Campus Specific Plan Project. Applicant: Raytheon Corporation. (Fiscal Impact.
N /A)
RECOMMENDED COUNCIL ACTION;
Receive and file presentation,
5
31
EL SEGUNDO CITY COUNCIL MEETING DATE: November 20, 2012
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt an urgency ordinance deleting the ten minute
parking restriction on food trucks based upon changes in the California Vehicle Code and
direct staff to return to Council within the next ninety to one hundred eight days with a
proposed new ordinance that would regulate parking for food trucks. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the Urgency Ordinance amending E.S.M.0 Section 8- 5 -163A and declaring
the urgency thereof;
2. Direct staff to study the public safety impacts associated with mobile vending from
vehicles and return with a proposed ordinance to regulate same;
3. Alternatively, discuss and take other possible action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No. XXXX
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mark Hensley, City Attorney
REVIEWED BY: aj
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
Gourmet food trucks have gained considerable popularity over the last several years, particularly
in the Los Angeles metropolitan area. Gourmet trucks tend to stay in one location for longer
periods of time than traditional catering trucks, longer than the current ten minutes allowed by
the City's Code.
The City's current regulations limit vending from any parked vehicle, wagon or pushcart on
public streets to 10- minutes only while the vendor conducts business with a bona fide purchaser.
This provision, which was adopted in 1967, can be found at E.S.M.C. Section 8- 5 -13A.
California Vehicle Code Section 22455 allows municipalities to regulate the time, place and
manner of mobile vending from vehicles on public streets in order to protect public safety.
Section 22455 was adopted in 1984, and most recently amended in 2008 to better address the
statewide influx of gourmet food trucks. Since E.S.M.C. Section 8 -5 -13A was adopted many
6.-Q-
32
years before the Vehicle Code provisions, the City's Code does not contain any findings to
demonstrate a public safety justification for the 10- minute limit on mobile vendors.
As a result, the Southern California Mobile Food Vendors Association has filed a lawsuit against
the City asking the court to invalidate El Segundo Municipal Code Section 8- 5 -13A, to grant a
permanent and preliminary injunction prohibiting enforcement of the subject Code provision,
and to require the City to pay the costs of suit and attorney's fees under Section 1021.5 of the
Code of Civil Procedure.
Rather than spend a significant amount of money to defend the outdated regulations, the City
Attorney's Office is recommending that the Council consider adopting an urgency ordinance to
immediately repeal the 10- minute limit as applied to vending vehicles only. Under the proposed
ordinance, the 10- minute limit would still apply to wagons and pushcarts, which are not covered
by the Vehicle Code. Notwithstanding the pending lawsuit concerning the outdated regulations,
mobile vendors have not demonstrated a significant desire to vend in El Segundo. The City has
only issued one citation in many years for a 10- minute rule violation, which is what brought the
issue to the Association's attention. California Streets & Highways Code Section 731 declares
vending on any state highway to be a public nuisance and a misdemeanor, which precludes
vending along the Pacific Coast Highway /Sepulveda corridor (State Highway 1). Existing
parking restrictions (for example. time limits, street sweeping, etc.) also remain in effect for all
vehicles, including mobile vendors. Thus, based upon discussions with the Police Department,
staff does not anticipate a significant increase in mobile vending trucks following adoption of
this urgency ordinance.
Manhattan Beach recently repealed similar outdated Code provisions in favor of more modern
regulations for mobile vendors, and the City of Hermosa Beach is in the process of replacing its
10- minute rule with more comprehensive regulations. While lawsuits were not filed against
Manhattan Beach and Hermosa Beach, the Association advocated for those cities to repeal
outdated Code provisions and craft more modern, safety- focused regulations.
Adoption of this ordinance requires a 4/5 vote of the City Council. By adopting this urgency
ordinance, the lawsuit against the City would become moot, and the City could instead focus its
resources on studying the issue, identifying the public safety impacts associated with mobile
vendors (i.e. food trucks) and creating a new set of regulations to more appropriately govern the
modern food truck business.
33
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AMENDING SECTION 8 -5 -13A OF THE EL SEGUNDO
MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS:
Section 1. Subsection A of Section 8 -5 -13 of Chapter 5 of Title 8 of the El Segundo Municipal
Code, and the Title of Section 8 -5 -13, is amended to read as follows:
8 -5 -13: GOODS SOLD FROM WAGONS OR PUSHCARTS:
A. Prohibited; Exception: Except as otherwise provided in this Code, no person shall stand or
park any wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or
foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, on any
portion of any street within the City, except that such wagons or pushcarts may stand or park
only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at
any one place. The provisions of this subsection shall not apply to persons delivering the articles
upon order of, or by agreement with, a customer from a store or other fixed place of business or
distribution.
Section 2. Urgency finding. The ordinance shall take effect immediately to protect the city from
an immediate threat of liability associated with outdated regulations that predate state laws
governing vending from vehicles on public streets. In the matter of Socal Mobile Food Vendors
Association v. the City of El Segundo, the Association has filed a complaint against the City
asking the court to invalidate El Segundo Municipal Code Section 8- 5 -13A, to grant a permanent
and preliminary injunction prohibiting enforcement of the subject Code provision. Section 8 -5-
13A was adopted in 1967 and predates certain state laws governing the regulation of the time,
place and manner of regulating mobile vending from vehicles on public streets for public safety
purposes. Failure to remove the restrictions on mobile vending as applied to vehicles would
require the City to immediately expend considerable amounts of money during an impending
fiscal crisis to defend the outdated provisions that were not drafted to comply with modern state
vending regulations. Such a result would be harmful to public health, safety, and welfare in that
it would waste much needed public funds without providing any benefit to the public. This
Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36937.
Section 3. California Environmental Quality Act Exemption. The City Council determines that
this ordinance is exempt from review under the California Environmental Quality Act (California
Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder
(14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines ") because it
consists only of minor revisions to an existing parking regulation for one class of vehicles.
Notwithstanding the pending lawsuit concerning the repeal of outdated regulations, mobile
vendors have not demonstrated a significant desire to vend in El Segundo. The City has only
issued one citation in many years for a 10- minute rule violation. California Streets & Highways
Code Section 731 declares vending on any state highway to be a public nuisance and a
34
City Council Ordinance
Page 2
misdemeanor, which precludes vending along the Pacific Coast Highway /Sepulveda corridor
(State Highway 1). Existing parking restrictions (i.e. time limits, meters, etc.) also remain in
effect for all vehicles, including mobile vendors. Thus, the Council does not anticipate a
significant increase in mobile vending trucks following adoption of this urgency ordinance. This
ordinance, therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt in accordance with CEQA Guidelines § §; 15061(b)(3);
15305 as a minor alteration in land use limitations which do not result in any changes in land use
or density; and 15308 as an action taken by a regulatory agency as authorized by California law
to assure maintenance or protection of the environment.
Section 4. In accordance with Government Code Section 36937, this ordinance shall be effective
upon adoption for the immediate preservation of the public peace, health, safety, and welfare.
Pursuant to Government Code § 36937(b), this Ordinance is adopted by a four -fifths vote.
Section 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same
to be published as required by law.
PASSED, APPROVED AND ADOPTED this day of
Carl Jacobson, Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
92012.
35