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2019 Oct 15 - CC PACKET SPCSPECIAL AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBER - 350 MAIN STREET The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City -related businesses that are within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of this Meeting. 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, residence, and the organization you represent, if desired. Please respect the time limits. 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. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 15, 2019 - 5:30 PM CALL TO ORDER SPECIAL PRESENTATIONS a) Announcement — Twisted Tales Haunted House opens October 17, 2019 ROLL CALL PUBLIC COMMUNICATIONS — (Related to Citv 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. CITY MANAGER COMMENTS — (Related to Public Communications) A. APPROVAL OF AGENDA ORDER AND WAIVER OF FULL READING OF ORDINANCES AND RESOLUTIONS This is the time for City Council to: a) make changes to the agenda; b) remove items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda. MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING B. CONSENT CALENDAR Approve Warrant Numbers 3028007 through 3028075 on Register No. 25b in the total amount of $ 246,491.04 and Wire Transfers from 09/23/19 through 09/29/19 in the total amount of $ 603,050.57 and Warrant Numbers 3028076 through 3028187 and 9001110 through 9001150 on Register No. 1a in the total amount of $ 907,399.83 and Wire Transfers from 09/30/19 through 10/16/19 in the total amount of $ 611,921.35. 2. Waive second reading and adopt ordinance regulating sidewalk vendors and amending sections to conform with new state law. Pursuant to the provisions of the California Environmental Quality Act, the proposed ordinance is exempt from further review (CEQA Guidelines § 15061(b)(3)), because it consists only of minor revisions to the City's Municipal Code and does not have the potential for causing a significant effect on the environment. 3. Adopt Resolution approving Plans and Specifications for the Pump Station Maintenance and On -Call Repair Services 5 -Year Contract, Project No. PW 19- 25, fiscal impact: $450,000. 4. Adopt Resolution approving the Plans and Specifications for the Walnut Avenue Drainage and Street Improvement Project and authorize staff to advertise for construction bids, Project No. PW 19-09, fiscal impact to be determined. 5. Adopt Resolution approving plans and specifications for the Washington Park Playground Project and authorize staff to advertise for construction bids, No. PW 19-29, fiscal impact, to be determined. 6. Accept the work as complete and authorize the City Clerk to file the Notice of Completion with the County for FY18/19 Slurry Seal Project, Project No. PW 19- 19. 7. Direct staff to prepare a letter of support to AARP for the South Bay Council of Governments' initiative to create an "Age -Friendly Region" in the South Bay. ADJOURNMENT POSTED: DATE: TIME: NAME: 2 2 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3028007 - 3028075 001 GENERALFUND 131,479 43 104 TRAFFIC SAFETY FUND IDS STATE GAS TAX FUND 46,697 81 109 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND 22032 110 MEASURER IIII COMM OEVEL- BLOCK GRANT 112 PROP 'A7 TRANSPORTATION 4000 114 PROP -C" TRANSPORTATION 115 AIR QUALITY INVESTMENT PROGRAM - t16 HOME SOUND INSTALLATION FUND tt7 HYPERION MITIGATION FUND 55909 115 TDA ARTICLE 3 - S8 821 BIKEWAY FUND 119 MTA GRANT 121 FEMA 120 C.O P.S. FUND - M LA.W A FUND 123 PSAF PROPERTY TAX PUBLIC SAFETY 124 FEDERAL GRANTS 128 STATE GRANT 7.549 62 126 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 129 CERTIFIED ACCESS SPECIALIST PROGRAMS - 202 ASSESSMENT DISTRICT 273 301 CAPITAL IMPROVEMENT FUND 40,665.92 302 INFRASTRUCTURE REPLACEMENT FUND 405 FACILITIES MAINTENANCE 501 WATERUTILITYFUND 6,83521 502 WASTEWATER FUND 1,206-44 503 GOLF COURSE FUND 8,00000 504 PARK VISTA 601 EQUIPMENT REPLACEMENT 602 LIABILITY INSURANCE 603 WORKERS COMP- RESERVEIINSURANCE 701 RETIRED EMP, INSURANCE 702 EXPENDABLE TRUST FUND - DEVELOPER FEES 2.73700 T03 EXPENDABLE TRUST FUND - OTHER 500.00 709 OUTSIDE SERVICES TRUST TOTAL WARRANTS S 246.491.04 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures as available in the Director of Finance's office in the City of EI Segundo I certify as to the accuracy of the Demands and the availability of fund for payment Ihereof. For Approval: Regular checks held for City council authorization to release CODES: R = Computer generated checks for all non-emergencylurgency payments for materials, supplies and SeMces in support of City Operations For Ratification: A = Payroll and Employee Benefri checks B - F = Compulur gener?led Earry Release 415brnsements andfor adlustmenls approved by the City �! Manager. Such as- payments for Id+Nly srrvices, pehy cash and emptoyeo Im"i expense j7, f} reimbursements, various refunds, contract employee services consistent with current contractual j agreemenN, instances where prompt fr4yment drscounls ran be ob[atned or late payment penalties car. be a dad of when a situation aures that the City Manager apprO ". H = FLyndwnllan Eaq Ra1ea54 Af J me0i, pndlor adjustments approved by the City Manager FINANCE DIRECTOR �_�."Zz CITY MANAGER DATE: DATE: =1 DATE OF APPROVAL: AS OF 1 011 512 01 9 VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: I 4, REGISTER N 251a 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 9123119 THROUGH 9129/19 Date Payee Description. 9/23/2019 IRS 240,609.73 Federal 941 Deposit 9/23/2019 Employment Development 4,395.06 State SDI payment 9123/2019 Employment Development 50,547.63 State PIT Withholding 9/23/2019 State of CA EFT 1,452.91 EFT Child support payment 9/25/2019 Unum 113.70 Long Term Care Premium - May 9/26/2019 Dept. of Health Care Svcs 6,465.36 Ground EMT Transoport Q2-19 9/26/2019 Dept. of Health Care Svcs 6,647.85 Ground EMT Transoport Q1-19 9/27/2019 Cal Pers 8,102.00 EFT Retirement Safety-Fire-PEPRA New 25020 9/27/2019 Cal Pers 13,599.14 EFT Retirement Safety-Police-PEPRA New 25021 9/27/2019 Cal Pers 30,792.23 EFT Retirement Misc - PEPRA New 26013 9/27/2019 Cal Pers 51,344.37 EFT Retirement Misc - Classic 27 9/27/2019 Cal Pers 72,190.95 EFT Retirement Safety Police Classic - 1 st Tier 28 9/27/2019 Cal Pers 52,842.54 EFT Retirement Safety Fire- Classic 30168 9/27/2019 Cal Pers 4,516.16 EFT Retirement Sfty Police Classic -2nd Tier 30169 9/24/2019 Lane Donovan Golf Ptr 23,821.24 Payroll Transfer 9/16/19-9/22/19 Workers Comp Activity 31,211-56 SCRMA checks issued 9/16/19-9/22/19 Liability Trust - Claims 0.00 Claim checks issued 9/16/19-9/22119 Retiree Health Insurance 0.00 Health Reimbursment checks issued 9/16119-9/22/19 Flexible Spending Account 4,398.14 Employee Health and DCA card charges 603, 050.57 DATE OF RATIFICATION: 1011/19 TOTAL PAYMENTS BY WIRE: 603,050.57 _Certified as to the accuracy of the wire transfers by: z_,ar;-=�-- Deputy City Treas ! er 11 Date �i... Direc r ` Finance date l� I0 Cit Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of Et Segundo. P:kGity Treasurer<Wire Transfers\Copy of Wire Transfers 10-01-18 to 9-30-19 10/1/2019 1/1 4 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3028076 - 3028187 Manager. Such as payments for utility services, petly cash and employee travel expense 9001110 - 9001150 reimbursements. various refunds, canlmel employee services consistent with current contractual 001 GENERALFUND 462,229,09 104 TRAFFIC SAFETY FUND - 106 STATE GAS TAX FUND 16,460.00 toe ASSOCIATED RECREATION ACTIVITIES FUND 109 ASSET FORFEITURE FUND 24.83343 110 MEASURER Ili COMM DEVEL BLOCK GRANT 112 PROP"A"TRANSPORTATION - 114 PROP-C'TRANSPORTATION 115 AIR QUALITY INVESTMENT PROGRAM 116 HOME SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND 116 TDA ARTICLE 3- SB 921 BIKEWAY FUND 119 MTAGRANT 121 FEMA 120 COP S. FUND - 122 LAWA FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY 124 FEDERAL GRANTS 125 STATE GRANT 126 An' CUPA PROGRAM OVERSIGHT SURCHARGE 2,59504 129 CERTIFIED ACCESS SPECIALIST PROGRAMS - 202 ASSESSMENT DISTRICT a73 301 CAPITAL IMPROVEMENT FUND - 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITIES MAINTENANCE 501 WATER UTILITY FUND 11,114,23 502 WASTEWATER FUND 2,97745 503 GOLFCOURSEFUND - 504 PARK VISTA - Sol EQUIPMENT REPLACEMENT 288 322 68 602 LIABILITY INSURANCE 603 WORKERSCOMP RESERVEANSURANCE - 701 RETIRED EMP, INSURANCE 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 76,10852 703 EXPENDABLETRUST FUND -OTHER 2,75939 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS S 907.399 83 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is available In the Director of Finance's office in the City of EI Segundo I certify as to the accuracy of the Demands and the availability of fund for payment thereof, For Approval' Regular checks held far City council authorization 10 release CODES: RComputer generated checks for all cion-emergencyfurgenry, payments for materials, supplies and services in support of City Operalions For Ratification A = Payroll and Employee Benefit checks DATE OF APPROVAL: As OF 1 011 512 01 9 VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: B - F = Computer generated Early Release disbursements andfor adjustments approved by the City Manager. Such as payments for utility services, petly cash and employee travel expense NOTES reimbursements. various refunds, canlmel employee services consistent with current contractual agreements, instances whore prompt payment discounts can be obtained or late payment penallies can be avoided or when a situation arises that the City Manager approves k + '+antl.rdhen roti e[eaTa aisDutsemo_nl�JgMror n11uSlment9 approved by the City Manager li4 FINANCE DIRECTOR f CITY MANAGER �f DATE: DATE: l' u� 7f ( to l REGISTER Y 1a 5 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 9130119 THROUGH 1016119 Date Payee 10/1/2019 Cal Pers 10/1/2019 Joint Council of Teamsters 10/2/2019 Cal Pers 10/212019 Cal Pers 10/2/2019 Cal Pers 10/3/2019 Cal Pers 10/412019 Manufacturers & Traders 10/4/2019 Manufacturers & Traders 9/23119-9/29119 Workers Comp Activity 9/23/19-9/29/19 Liability Trust - Claims 9/23119-9/29/19 Retiree Health Insurance 9123/19-9129/19 Flexible Spending Account DATE OF RATIFICATION: 10/7119 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by, 4,200.00 5,162.50 200.00 500.00 5,788.70 548,000.00 24,149.56 550.00 21,883.05 0.00 0.00 1,487.54 611,921.35 Deputy City Date r.Lc:� l Lel 7/ C Dir or of Finance Date V ity Manager Date Description Admin Fee - Retired Annuitant Late Vision Insurance payment 1012019 Admin Fee - Late Payroll Reporting Admin fee - 20283 Arrears, CalPERS 20283 Arrears, CaIPERS Annual OPEB payment 457 payment Vantagepoint IRA payment Vantagepoint SCRMA checks issued Claim checks issued Health Reimbursment checks issued Employee Health and DCA card charges Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. PACity Treasurer\Wire Transfers\Copy of Wire Transfers 10-01-18 to 9-30-19 611,921.35 10/7/2019 111 6 EL SEGUNDO CITY COUNCIL MEETING DATE: October 15, 2019 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an ordinance regulating sidewalk vendors in accordance with state law. Pursuant to the provisions of the California Environmental Quality Act, the proposed ordinance is exempt from further review (CEQA Guidelines § 15061(b)(3)), because it consists only of minor revisions to the City's Municipal Code and does not have the potential for causing a significant effect on the environment. (Fiscal Impact: None with this action.) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt an Ordinance regulating sidewalk vendors and amending certain existing sections to conform with the new regulations; 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Ordinance No. FISCAL IMPACT: None. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: El Segundo is a safe and prepared city. Objective: Enhance the public safety in the City's streets and sidewalks. PREPARED BY: Finance Department City Attorne 's office APPROVED BY: Scott Mitnick, City Manager �'� S INTRODUCTION / DISCUSSION: The City's vending and peddling regulations are currently dispersed throughout several chapters and sections of the City's Code. For example, the City's Business License Regulations currently require peddlers and transient food vendors to obtain a business license and a special permit issued by the City Council. Other regulations, such as a prohibition on leaving merchandise or food on City sidewalks or parkway, and a prohibition on cooking, preparing or serving food within City parks except in designated areas, are in Titles 7 and 10 of the City's Code. The proposed ordinance amends the City's code to comply with the "Safe Sidewalk Vending Act," which became law in 2019. The Act (Government Code §§ 51036, et seq.) decriminalizes sidewalk vending and establishes various requirements for local regulation of sidewalk vendors. Cities are 7 authorized to create a permitting program to regulate sidewalk vendors, but any regulations must be objectively related to health, safety or welfare concerns. The proposed ordinance was introduced at the Council's October 1, 2019 meeting. If adopted by the City Council, the proposed ordinance would take effect in 30 days. 2 $ ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 4 AND SECTIONS 7-6-5 AND 10-1-4 TO REGULATE SIDEWALK VENDING IN ACCORDANCE WITH STATE LAW The City Council of the City of EI Segundo does ordain as follows: SECTION 1. The City Council finds and determines as follows: A. The City of EI Segundo, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. Furthermore, Government Code § 38771 authorizes the city to declare what constitutes a nuisance by ordinance; B. In 2018, Senate Bill 946, the "Safe Sidewalk Vending Act," became law (Gov. Code § 51036 et seq.). The Act decriminalized sidewalk vending and allowed, among other things, the sale of food from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance upon a public sidewalk or pedestrian path; C. Amendments to the EI Segundo Municipal Code (ESMC) implemented by this Ordinance are necessary to create a Sidewalk Vending Program that will provide licensing regulations of street vendors in EI Segundo and limit penalties to a specified schedule of fines, consistent with state law; D. The City Council finds it is in the public interest to adopt this ordinance to regulate sidewalk vending consistent with state law; and preserve public health, safety and welfare. SECTION 2. Factual Findings and Conclusions. The City Council finds that the following facts exist and makes the following conclusions: A. The City is a safe, family friendly environment where families regularly enjoy outdoor activities, including organized youth sports leagues in city parks and the City's certified farmer's market on Thursday nights in downtown. While the City Council respects the desire of micro -entrepreneurs to conduct sidewalk vending in commercial areas, the City Council desires to ensure residents' use and enjoyment of the City's natural resources and recreational opportunities and prevent commercial activity that interferes with scenic and natural character of city parks; B. The City has a strong interest in ensuring appropriate flow of traffic within the City and ensuring the safety of pedestrians on the road or sidewalk; C. Street food vending has become an important public health issue and a great concern due to widespread food borne diseases caused, in part, by food vendors who lack an adequate understanding of basic food safety and Page 1 of 13 g food -handling requirements. Major sources contributing to microbial contamination are the place of preparation, utensils for cooking and serving, raw materials, time and temperature of cooked foods and the personal hygiene of vendors; D. Contamination of street foods and dumped near the vending and wastewater and garbage nearby, sometimes in streets harbor insects and animal transmission; may often be linked to the waste generated site. The lack of facilities for liquid drainage disposal encourages wastes to be thrown and storm drains, large amounts of which pests that are linked to enteric disease E. Obesity, especially among children and adolescents, is a critical issue. A policy restricting the proliferation of unhealthy food sources near school campuses and promoting the sale of healthier food near schools may help address this epidemic locally; and F. There is a need to regulate the sale of food and merchandise in the public right-of-way to ensure that vendors prepare food safely, and according to the requirements of the Los Angeles County Department of Public Health; to prevent unsanitary conditions; to ensure trash and debris are removed by vendors; and to safeguard pedestrian movement on the sidewalk. SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. SECTION 4. ESMC Section 4-2-35 is amended as follows: "4-2-35: PEDDLING: A. Generally: Every person peddling services, not otherwise mentioned in this Chapter, shall pay a business license tax of one hundred three dollars ($103.00) per year, and shall obtain a special permit from the City-Geu+iGg to do so prior to engaging in such activities. Tho City Counoil may oonditken 3s:oh pormit in any manner not prohibited by law B. Food: Every person peddling foods, foodstuffs, and food products, other than from catering food trucks, shall pay a business license tax of fifty dollars ($50.00) per year where the person is on foot, and one hundred three dollars ($103.00) per year where the same is sold from a vehicle, and shall obtain a special permit from the City Oeuns+l-to do so pursuant to 2 10 Chapter 4-15 of this Code prior to engaging in such activities. The City ✓cwnil mcy condition cuoh pormit in any mcnnor net prchiWc� I y lgw. C. Miscellaneous Merchandise: Every person peddling any goods, wares, magazines, or merchandise not otherwise provided for in this Chapter, shall pay a business license tax of ten dollars ($10.00) per day where such person is on foot, and twenty dollars ($20.00) per day where the same is sold from a vehicle, and shall obtain a special permit from the City GGURGOI to do so pursuant to Chapter 4-15 of this Code prior to engaging in such activities. The City Cow-ncil racy condition c►.�h pwmit in cny mrnncr nc� prohibitod by law-. D. Popcorn, Souvenirs: Every person peddling popcorn, peanuts, gum, candy, confections, or toys, such as balloons, flags, pennants, banners, canes, buttons, badges, horns, musical or noise making instruments, serpentines, souvenirs, and similar articles shall pay a license fee of ten dollars ($10.00) per day where the same is sold from a vehicle, and shall obtain a special permit from the City Oeees+l-to do so prior to engaging in such activities. Tho City C^►noil rr-y ccnd•i# en ccch emit in cny mcg not prohibkod by law." SECTION 5. Subsection (A) of ESMC Section 4-2-42 is amended as follows: "4-2-42: TRANSIENT VENDORS, MERCHANTS: A. Transient Food Vendors: Every transient food vendor shall pay a business license tax of forty-eight dollars ($48.00) per day, and shall obtain a special permit from the City G6URGil o do so pursuant to Chapter 4-15 prior to engaging in such activities. The City Cccncil racy condition cL`h pormit in &ny ms:nncr, not prohti.c� by Icw." SECTION 6. ESMC Title 4 is amended to add a new Chapter 15 to read as follows: "Chapter 15 SIDEWALK VENDOR PROGRAM. § 4-15-1: PUPRPOSE: This Chapter is adopted pursuant to the city's police powers and Government Code §§ 51036 of seq., including any successor statutes, for the purpose of regulating the sale of food and merchandise on the city's sidewalks and pedestrian paths. § 4-15-2: DEFINITIONS: For the purposes of this chapter, the following definitions apply. Words and phrases undefined in this Code have the same meaning as such words and phrases in Title 8 of the Public Health Code of Los Angeles County: 3 11 A. "Certified Farmer's Market" means a California agricultural product point-of-sale location that is registered under, and operated in accordance with Food and Agriculture Code §§ 47000, et seq. B. "Junk Food" means any food or beverage that is low in essential nutrients, protein, vitamins or minerals and high in calories, sodium, sugar and fat. Junk Foods include, without limitation, soda, candy, chips, ice cream, hot dogs or processed meat and chocolates. C. "Pedestrian Path" means a footpath, not adjacent to a road, which is intended for use only by pedestrians, tricycles, strollers or baby carriages. D. "Sidewalk Vendor" means a vendor who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or pedestrian path. E. "Special Event" includes an event that requires a city -issued permit for the temporary use of, or encroachment on, the sidewalk or other public area including, without limitation, an encroachment permit, special event permit, or temporary event permit. For purposes of this chapter, "Special Event" also includes organized youth sports league events and games and city -sponsored events. F. "Stationary Sidewalk Vendor" means a sidewalk vendor who sells food or merchandise from a fixed location. G. "Swap Meet" is as defined in Business and Professions Code § 21661, as may be amended. H. "Roaming Sidewalk Vendor" means a sidewalk vendor who sells food or merchandise while continuously moving from place to place and who only stops temporarily to complete a transaction. "Vendor" means a person, individual, firm, co -partnership, joint venture, association, corporation, or any other group or combination acting as an entity, that sells, offers for sale, solicits for purchase, or exposes or displays for sale, any food, beverage or merchandise, or to require someone to negotiate or establish to pay a fee before providing food, beverages or merchandise, even if characterized as a donation. § 4-15-3: SIDEWALK VENDOR PERMIT REQUIRED; EXEMPTION: 4 12 A. No person or vendor may operate as a sidewalk vendor on a public sidewalk, park, parkway, median, land, property, pedestrian path or any other land or property under the city's control, unless the city has issued such person a sidewalk vending permit and city business license. B. No pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance may be used for the sale of food or merchandise from the public sidewalk, park, parkway, median, land, property, pedestrian path or any other land or property under the city's control, anywhere in the city without first obtaining a sidewalk vending permit for such activity. C. The sidewalk vending permit is valid for 12 months after being issued, unless revoked or suspended, and may be renewed at any time before expiration. A maximum of one sidewalk vending permit may be issued to a vendor. A sidewalk vending permit may not be issued to pushcarts, wagons, or other nonmotorized conveyances. Sidewalk vending permits are nontransferable. D. A bona fide charity is exempt from the permit requirements of this chapter and is otherwise regulated pursuant to Business and Professions Code § 17510 et seq. E. City -permitted filming and special event permits shall have priority over sidewalk vending permits. § 4-15-4: APPLICATION: A. To apply for a sidewalk vending permit, the applicant must provide to the city all of the following information under penalty of perjury: 1. The applicant's full name and a social security number or California Driver's License, California Identification Card number, or individual taxpayer identification number; 2. Proof of a valid California Department of Tax and Fee Administration seller's permit; 3. The name, telephone number and current mailing address of the sidewalk vendor; 4. The name and business address of the principal if the sidewalk vendor is an agent of an individual, company, partnership or corporation; 5. A complete description of the food or merchandise offered for sale or exchange. Any applicant who intends to sell food must also provide proof of either a Food Handler Card 5 13 or Certified Food Protection Manager certificate, if applicable, pursuant to Health and Safety Code §§ 113700-114437, and certify that the pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance used has been approved by the County Health Department for that particular type of food; 6. Proof of liability insurance and signed indemnification in favor of the city, in an amount not less than $500,000 for property damage, including injury resulting in death, caused by the operation of the vending business; and 7. A complete description of any ancillary items that the applicant intends to use in conjunction with sales including, without limitation, small tables, trash receptacles, chairs, umbrellas and umbrella stands, or other similar items. B. Applicants must agree in writing to abide by the location and operational requirements stated in this chapter. C. Each application must be in writing on forms approved by the city, and the application must be accompanied by the nonrefundable fee established by City Council resolution. D. Sidewalk vendors may not be permitted as a permanent or proprietary location in any property within the city. E. The Finance Director or designee is responsible for issuing sidewalk vending permits and may promulgate any additional requirements for the issuance of such permits, provided such requirements comply with this chapter, this Code and state law. The Director's decision with respect to a sidewalk vendor permit application may be appealed to the City Manager. The City Manager's decision is the City's final decision. § 4-15-5: LOCATION REQUIREMENTS: A. Sidewalk vendors must maintain a clearance of no less than 4 feet (48 -inches) upon every sidewalk or pedestrian path in order to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336). B. Stationary sidewalk vendors may not operate in any of the city's residential zones; roaming sidewalk vendors may sell food or merchandise within residential zones, provided the vendor moves continuously and only stops temporarily to complete a transaction. 6 14 C. Sidewalk vendors may not offer junk food within 300 feet of any kindergarten, elementary school junior high school or senior high school, between the hours of 6:00 a.m. and 6:00 p.m., when such school is in session. D. Sidewalk vendors may not operate within 300 feet of a certified farmer's market, swap meet, or area designated for a special event, during the event's limited duration. City -permitted filming and special event permits shall have priority over sidewalk vending permits. E. Stationary sidewalk vendors may not operate within any city - owned park with an operative agreement between the city and a concessionaire for the exclusive sale of food or merchandise by the concessionaire. F. Sidewalk vendors may not operate: 1. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 6 feet, or impedes egress from, access to or the use of abutting property; or 2. In any location were vending operations endangers the safety of persons or property including, but not limited to, 3 feet from any parking lot or driveway apron, or as determined on a site-specific basis by the City Engineer or Police Department. G. No vendor may use the median strip of a divided roadway. § 4-15-6: OPERATING REQUIREMENTS: A. A cart approved by the health department to vend one particular type of food may not be used to vend a different type of food. B. A cart used for Sidewalk Vending must not exceed a length of 72 inches (6 feet), a width of 54 inches (4'h feet), or a height, including a roof or awning, of 78 inches (6Y2 feet). An applicant may request, and the City may approve, a table for condiments to be used in conjunction with a cart selling food. Such table must not exceed a length of 48 inches (4 feet) and a width of 24 inches (2 feet). A vendor may only set up and use furniture as expressly approved by the City. C. All sidewalk vendors must allow a police officer, firefighter, code enforcement officer, health inspector or other government official charged with enforcing laws relating to street vendor activities, at any time, to inspect the vendor's cart for compliance with the requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food. 7 15 D. A vendor must operate according to its approved hours of operation. The Finance Director may impose reasonable hours of operation for sidewalk vendors, provided that for sidewalk vending in nonresidential areas, the Director may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in such areas. Vending in city parks is only permitted during park operating hours. E. Stationary sidewalk vendors must provide a trash receptacle and recycling container for customers and ensure proper disposal of customer trash, when necessary, during all hours of operation. The trash receptacle and recycling container must be large enough to accommodate customer trash without resorting to existing trash receptacles and recycling containers provided by the city for use by the general public. A sidewalk vendor may not dispose of customer trash in existing receptacles provided by the city. Sidewalk vendors must prevent the accumulation of solid waste in quantities that are unreasonable or detrimental to the public health or safety. F. Sidewalk vendors must keep the immediate area around them clean and free of trash or liquids during hours of operation. Vendors must pick up and properly discard any trash associated with the vendor's activities, and clean up any spilled or leaked liquids on the sidewalk or pedestrian path before leaving the area. G. All applicable permits, including the city -issued sidewalk vending permit, must be displayed in plain view at all times. H. A pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance, or ancillary vending items or equipment must not be left unattended or chained or fastened to any pole, sign, tree or other object in the public right- of-way, or be left unattended and intruding in the public right-of- way. Any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance in violation of this subsection. may be confiscated. I. A sidewalk vendor must provide their own, independent source of electricity and other utilities for the cart's operation. A sidewalk vendor may not connect a cart to an external source of electricity, water or any other utilities while located on public property. J. A sidewalk vendor may not burn wood or barbeque briquettes. K. Merchandise may not be placed directly onto the public right-of- way without the City's express approval. L. Sidewalk vendors may not offer services or any illegal or counterfeit merchandise. No sidewalk vendor may sell any 8 16 alcohol-related beverage, tobacco or electronic vaping products; cannabis products; weapons, including knives, guns or explosive devices; pharmaceuticals; or other similar products. M. All signs associated with a sidewalk vendor must be affixed to the cart or conveyance. A sidewalk vendor must not display any signage that is potentially distracting to motorists, including but not limited to, flashing signs, LED lights or lasers. N. Vendors must comply with the noise requirements outlined in Chapter 7-2 of this code, particularly with regard to the amplification of voices, music or sound. O. Sidewalk vendors may not operate vending tricycles, icicle trikes, bicycle vending carts or the like, in any city park. § 4-15-7: REVOCATION OR SUSPENSION OF PERMIT: A. Whenever any person fails to comply with any provision of this Chapter, or any rule or regulation adopted pursuant hereto, or with any other provision or requirement of law, including, but not limited to, this Code or any grounds that would warrant the denial of initial issuance of a permit hereunder, the City Manager, after giving such person 10 days' notice in writing to the address stated on the application and specifying the time and place of hearing and requiring him/her to show cause why his/her permit should not be revoked, will conduct a hearing. If permit violations are shown by substantial evidence, the City Manager may revoke or suspend any permit. The City will not issue a new permit after the revocation of a permit unless it is satisfied that the applicant will thereafter comply with all provisions of this Chapter and the rules and regulations adopted thereunder and all other applicable provisions of law, and until the City Manager collects a fee in an amount sufficient to recover the actual costs of processing the re- application. B. The City Manager will provide the permittee with written notice of the revocation by certified mail addressed to the permittee's address. C. Any person who vends, peddles or sells any goods or merchandise after such person's permit has been suspended or revoked, and before such suspended or revoked permit has been reinstated or a new permit issued, is subject to administrative penalties pursuant to Section 4-15-8. § 4-15-8: VIOLATIONS AND PENALTIES: 9 17 A. Any violation of this chapter is deemed to be a public nuisance and each day such condition continues will be regarded as a new and separate offense. Violations of this Chapter will be subject to administrative penalties, enumerated in subsections C and D below and administered pursuant to Chapter 1-2A of this Code. Any administrative fines issued pursuant to this chapter may be appealed pursuant to Chapter 1-2A of this Code. B. It is unlawful for any person engaged in sidewalk vending, solicitation or peddling as described herein to fail or refuse to display or show said identification card upon demand for the display thereof by an officer of the city, or by any person being solicited by said solicitor. C. Any vendor who operates without a duly -issued sidewalk vending permit will be subject to the following fines: 1. An administrative fine of $250 for a first violation; 2. An administrative fine of $500 for a second violation within one year of the first violation; 3. An administrative fine of $1,000 for a third or subsequent violation within one year of the first violation. The city may reduce these fines for any vendor who subsequently obtains a valid permit. D. A person who violates any provision of this chapter other than vending without a duly -issued sidewalk vending permit is subject to the following fines: 1. An administrative fine of $100 for a first violation; 2. An administrative fine of $200 for a second violation within one year of the first violation; and 3. An administrative fine of $500 for a third or subsequent violation within one years of the first violation. Alternatively, the city may revoke the permit issued upon a fourth or subsequent violation. E. When assessing an administrative fine, the city must take into consideration the violator's ability to pay the fine. If either of the following are true, the violator may remit to the city 20% of the administrative fine imposed: 1. The violator is receiving public benefits under one or more of the following programs: (i) Supplemental Security Income (SSI) and State Supplementary Payment (SSP); (ii) California Work Opportunity and Responsibility to Kids Act (CaIWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program; (iii) Supplemental Nutrition Assistance Program or the California Food Assistance Program; (iv) County Relief, General Relief (GR), or General Assistance (GA); (v) Cash Assistance Program for Aged, Blind, and Disabled Legal 10 18 Immigrants; (vi) In -Home Supportive Services (IHSS); or (vii) Medi -Cal; or 2. The violator's monthly income is 125% or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code. F. Any fine required to be paid under the provisions of this chapter shall be deemed a debt owed by the person to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount." SECTION 7. ESMC Section 7-6-5 is amended as follows: 7-6-5: MERCHANDISE, FOOD OR PERSONAL PROPERTY ON STREETS OR SIDEWALKS: A. Leaving Merchandise, Food or. Personal Property Prohibited: Unless the citv has issued a sidewalk vending permit or otherwise approved of such activities, nNo person shall leave or permit to remain in or upon any sidewalk or in or upon any parkway in any street within the city, any merchandise, fruit, melon, vegetable, meat, or any baggage or any article of personal property. A violation of this subsection by anv person in the act of peddlinq or vendinq is not punishable as an infraction but by the issuance of an administrative citation, as outlined in Section 4-15-8 of this Code. B. Placement Of Containers: Except in the discharge or performance of official duty, no person shall place any boxes, barrels or other receptacles for or containing goods, wares, merchandise or any other articles or things in or upon any public street, whether in the roadway or on the sidewalk, or in the parkway thereof, with the intent or for the purpose of unpacking or removing the contents thereof upon the streets, sidewalks or parkways, and except in the discharge or performance of official duty, no person shall unpack or remove the contents of or from any such box, barrel or other receptacle for or containing goods, wares, merchandise or any other articles or things while the same is in or upon any street, sidewalk or parkway; provided, however, that the provisions of this subsection shall not prevent peddlers or sidewalk vendors duly licensed by the city from merchandising their produce or wares in a proper and usual manner incident to the business of peddling. A violation of this subsection by any person in the act of peddlinq or vending is not punishable as an infraction but by the issuance of an administrative citation, as outlined in Section 4-15-8 of this Code." 11 19 SECTION 8. Subsection (1) of ESMC Section 10-1-4 is amended as follows: Park Rule Nine; Cooking: No person within any public park shall cook, prepare or sell, serve or eat any food lwnoh, acrboouo or pionio except at the places provided, or unless the citv has issued a sidewalk vendina permit or otherwise approved of such activitiestherefe . SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 10. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 11. Preservation. Repeal or amendment of any previous Code Sections 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 12. 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 will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 13. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 14. Effective Date. This Ordinance will become effective on the 31St day following its passage and adoption. PASSED AND ADOPTED this day of , 2019. ATTEST: Drew Boyles, Mayor 12 20 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF EL SEGUNDO } I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2019, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2019, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 13 21 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 15, 2019 AGENDA HEADING: Consent Agenda Consideration and possible action adopt a Resolution approving Plans and Specifications for the Pump Station Maintenance and On -Call Repair Services Five -Year Contract, Project No. PW 19-25 (Fiscal Impact: $450,000) RECOMMENDED COUNCIL ACTION: Adopt the attached Resolution approving Plans and Specifications for the Pump Station Maintenance and On -Call Repair Services Five -Year Contract, (Project No. PW19-25); or, 2. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $90,000 annually Additional Appropriation: N/A Account Number(s): $80,000 from 502-400-4301-6215 (Sewer Repairs & Maintenance) annually $10,000 from 501-400-7102-6206 (Water Contractual Services) annually STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City. ORIGINATED BY: Arianne Bola, Senior Associate Enginee Q� REVIEWED BY: Ken Berkman, Public Works Director APPROVED BY: Scott Mitnick, City Manager�Od S BACKGROUND AND DISCUSSION: The maintenance and emergency repair contract for the City's 13 pump stations recently expired and a new contract is needed to ensure efficient and safe operations of the City's nine wastewater, three stormwater, and one water booster pump stations. The plans and specifications that form the basis for the contract are complete and ready for City Council adoption. 3 22 The five-year contract scope includes the following critical activities: • Semi-annual monitoring and maintenance; • On-call emergency services; • As -needed repairs for equipment, including emergency repairs and replacements of major pump components; and, • Updating individual Standard Operation Procedures and Emergency Operation Procedures for all pump stations. Equipment to be maintained and repaired includes but is not limited to motors, pumps, sump pumps, wet wells, dry pits and control panels at 13 pump station locations. Staff estimates that the annual necessary budget is $90,000. Unspent emergency funds would be rolled over to supplement the next year's budget (i.e., the emergency fund would grow). At the end the contract, all emergency funds not expended would be returned to the Sewer Enterprise Fund and Water Enterprise Fund in accordance with the actual work performed. Staff respectfully recommends that City Council adopt the attached resolution approving the plans and specifications for the pump station maintenance and emergency repair contract, and authorize staff to advertise the project for receipt of proposals. 23 RESOLUTION NO. _ A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE PUMP STATION MAINTENANCE AND ON-CALL REPAIR SERVICES FIVE-YEAR CONTRACT, PROJECT NO. PW19-25, PURSUANT TO GOVERNMENT CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City Engineer prepared the plans and specifications for PW19-25, Pump Station Maintenance and On -Call Repair Services Five -Year Contract ("Project"). These plans and specifications are complete. Services related to the Project may begin; B. 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: 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. SECTION 3: 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 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. Page 1 of 2 24 PASSED AND ADOPTED this day of , 2019. Drew Boyles, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney David H. King, Assistant City Attorney Page 2 of 2 25 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 15, 2019 AGENDA HEADING: Consent Agenda Consideration and possible action to adopt a Resolution approving the Plans and Specifications for the Walnut Avenue Drainage and Street Improvement Project, Project No. PW 19-09. (Fiscal Impact: to be determined.) RECOMMENDED COUNCIL ACTION: Adopt the attached Resolution approving Plans and Specifications for Walnut Avenue Drainage and Street Improvement Project (Project No. PW 19-09) and authorize advertising for bids; or, 2. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution Location Map FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $265,000 Additional Appropriation: N/A Account Number(s): 301-400-8205-8216 (Walnut Avenue Drainage Project) STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City ORIGINATED BY: Floriza Rivera, Principal Enginee REVIEWED BY: Ken Berkman, Public Works Directtor i APPROVED BY: Scott Mitnick, City Manager �/ C�, C 5 M\ BACKGROUND AND DISCUSSION: Stormwater from heavy rain in the 500 block of East Walnut Avenue sometimes crests the curb and driveway approaches prior to entering the existing catch basin at the corner of East Walnut Avenue and Penn Street. The drainage improvement project to mitigate this problem was approved as part of the FY2018/19 budget and carried over to the current FY. Staff retained Denn Engineers to prepare the plans and specifications for the project and have completed the design bid package, which includes the following proposed improvements: • Installation of a catch basin on the south side of the block, just east of the Sheldon Street/Walnut Avenue intersection; 4 N' • Installation of approximately 375 ft. of 18 -inch reinforced concrete storm drain pipe from the new catch basin to the existing catch basin at the corner of East Walnut Avenue and Penn Street; • Installation of a concrete longitudinal gutter from the north to the south side of the 500 block of East Walnut Avenue to direct flow to the new catch basin; and, • Restoration of a six -inch -high curb face on the south side of the street to improve the stormwater capacity of the roadway itself. Staff respectfully recommends that City Council adopt the attached resolution approving the plans and specifications for the project and authorize advertising for construction bids. With Council approval, the anticipated schedule is as follows: November 2019 Advertising and Bid Process Completed December 2019 Contract Award February -April 2020 Construction 27 RESOLUTION NO. _ A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF WALNUT AVENUE DRAINAGE AND STREET IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Denn Engineers ("Consultant") as the engineer to design and prepare the plans for the Walnut Avenue Drainage and Street Improvement Project; B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. 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: 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 to 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. SECTION 3: 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 Page 1 of 2 28 source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2019. Drew Boyles, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney David H. King, Assistant City Attorney Page 2 of 2 29 Vw+ ■� W O LM rn� E L moww,, CO E O L aE }I c W i R n v CL LW a •I � � I O — fQ (6 ._____-_• � F j N _i oto Q `) (D �+ b�yE n= a Vw+ ■� W O LM rn� E L moww,, CO E O L aE }I c W i R n v CL LW a j. 'IS uuad Q � 7 C LLI Y V O m O O N �g iIUUIaU.G l tics-� We c c o m rn�aWE Bg M�� d O Z ._____-_• � N _i oto Q `) b�yE n= a pEp GDy O ._ ]C noplA dhow ow.�° hEeE 3y �m U acc c i L�G`Q c E a qa 3 e o 0 • I o a o m j. 'IS uuad Q � 7 C LLI Y V O m O O N �g iIUUIaU.G l tics-� We c c o m rn�aWE Bg M�� EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 15, 2019 AGENDA HEADING: Consent Agenda Consideration and possible action to adopt a Resolution approving plans and specifications for the Washington Park Playground Project, No. PW 19-29. (Fiscal Impact: To be determined) RECOMMENDED COUNCIL ACTION: 1. Adopt a Resolution approving plans and specifications for the Washington Park Playground Project; 2. Authorize staff to advertise the project for construction bids; or, 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Included in the FY 2018-19 budget Amount Budgeted: $270,000 Additional Appropriation: None Account Number(s): 301-400-8152-8213 (Washington Park Playground Replacement) STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City Goal: 1 Enhance Customer Service and Engagement Objective: 2 City services are convenient, efficient and user-friendly for all residents, businesses, and visitors ORIGINATED BY: Cheryl Ebert, Senior Civil Engineer .69 REVIEWED BY: Ken Berkman, Public Works Director Meredith Petit, Recreation and Parks Director APPROVED BY: Scott Mitnick, City Manager ?� (�O( 5VA BACKGROUND AND DISCUSSION: The Washington Park playground is a recreational area that mainly accommodates the local community near the site. The existing playground's play structure is approximately 30 years old, 31 outdated, worn, and has become difficult for staff to maintain; and much of the equipment is no longer manufactured, making repairs and replacements infeasible. When possible, staff has attempted to devise temporary fixes and riggings to keep the equipment working. The surface area beneath the structures is comprised of sand. Sand is a material no longer used in play areas because it is difficult to maintain and can hide trash, animal feces, and other pollutants. Additionally, a few years ago, decomposed granite walkways were installed from East Palm Avenue to the playground from the south and from East Maple Avenue to the playground from the north to provide ADA access; however, the equipment is non-compliant. This project is designed to replace the playground equipment with modern, standard equipment that incorporates varying degrees of difficulty and skill areas for children between the ages of two and 12. RHA Architects was retained to provide services for the design of the Washington Park playground. The design upgrades the playground's accessibility by replacing the sand with poured -in-place rubber for fall protection and incorporates other features for ADA compliance, such as updating the decomposed granite from the streets to the playground. Two separate play structures will be provided for children within the two to five age range and within the five to 12 age range. Shade structures are also incorporated into the new playground design. The project was identified as a top priority project by Recreation and Parks Commission, and upgrades to outdated playgrounds and shade was ranked in the top 10 needs rated by residents in an online Community Needs Assessment survey conducted in early 2018. The funding for the project was included in the adopted FY2018/19 budget and was carried over to the current fiscal year. Staff respectfully recommends that City Council adopt the attached resolution approving the plans and specifications for the Washington Park Playground Project (Project No. PW 19-29) and authorize staff to advertise the project for construction bids. With Council approval, the anticipated schedule is as follows: November 2019 Advertising and Bid Process Completed December 2019 Contract Award March -June 2020 Construction 32 RESOLUTION NO. A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WASHINGTON PARK PLAYGROUND PROJECT, PW 19-29. PURSUANT TO GOVERNMENT CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained RHA Landscape Architects -Planners, Inc. ("Consultant") as the engineer to design and prepare the plans for PW 19-29 Washington Park Playground Project ("Project"); B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. 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: 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. SECTION 3: 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 Page 1 of 2 33 source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4; The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 15th day of October, 2019. Drew Boyles, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: David H. King, Assistant City Attorney Page 2 of 2 34 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 15, 2019 AGENDA HEADING: Consent Agenda Consideration and possible action to accept as complete the FYI 8/19 Slurry Seal Project, Project No. PW 19-19. (Fiscal Impact: $264,924) RECOMMENDED COUNCIL ACTION: 1. Accept the work for Project PW 19-19: FYI 8/19 Slurry Seal Project as complete; 2. Authorize the City Clerk to file a Notice of Completion with the County Recorder's Office; or 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion Location Map FISCAL IMPACT: Included in the adopted budget Amount Budgeted: $500,000 Additional Appropriation: N/A Account Number(s): 106-400-8203-8943 (Gas Tax Local Streets Rehab.) STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City ORIGINATED BY: Floriza Rivera Principal En inee p g REVIEWED BY: APPROVED BY: Ken Berkman, Public Works Director Scott Mitnick, City Manager ? r�0r CA%) BACKGROUND AND DISCUSSION: On June 4, 2019, Council awarded a construction contract to American Asphalt South, Inc. in the amount of $225,374.20. Construction began July 8, 2019 and was substantially completed on August 7, 2019. The project slurry sealed streets in the area south of Mariposa Avenue, east of Sheldon Street, west of Pacific Coast Highway and north of Franklin Avenue. One change order was issued which was covered by Council's approved construction contingency amount of $22,500. Guaymas Way parking lot at the Recreation Complex was added to the slurry seal area due to its condition and proximity to the project area, and the contractor also re -striped a 35 the missing crosswalk striping at the Mariposa Avenue/Lairport Street/Continental Boulevard intersection, and along Nash Street from Imperial Highway to Mariposa Avenue. Center Street from Mariposa to Grand Avenues was deleted from the work and added to the paving project due to its deteriorated condition and traffic loading. Staff respectfully recommends that Council accept the work performed by American Asphalt South, Inc. for the FYI 8-19 Slurry Seal Project and authorize the City Clerk to file a Notice of Completion with the County Recorder's office. The unspent budgeted amount of $235,075.94 will return to its source, the Gas Tax Local Streets Rehabilitation Fund, for future road rehabilitation use. Accounting Summary: American Asphalt South Contract Award $225,374.20 Change Orders $22,464.86 Construction Inspection $17.085.00 Total Construction Cost $264,924.06 Project Budget $500,000.00 Total Construction Cost $264.924.06 Remaining Unspent Funds $235,075.94 36 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street EI Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: FY 18-19 Slurry Seal Project Project No. PW 19-19 Contract No. 5714 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of EI Segundo The full address of the owner is: City Hall, 350 Main Street, EI Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Facilities 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on August 7, 2019. The work done was: FY18-19 Slurry Seal Resurfacing 6. On October 15, 2019, City Council of the City of EI 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. 7. The name of the Contractor for such work of improvement was: American Asphalt South, Inc. 8. The property on which said work of improvement was completed is in the City of EI Segundo, County of Los Angeles, State of California, and is described as follows: Various City streets and alleys in the area south of Mariposa Avenue, east of Sheldon Street, west of Pacific Coast Highway and north of Franklin Avenue. 9. The street address of said property is: None Dated: Ken Berkman Public Works Director VERIFI CA TION I, the undersigned, say: I am the Director of Public Works of the City EI 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 , 2019 at EI Segundo, California. Ken Berkman Public Works Director 37 r. 3: I �I N I � � I o tm 'a >. a> a {ltiuj;. It j 7 Q f L r m N .o t �'• : a w a) Fol 4-j U jS ICUu11)UI (D o Q� u11>UI a Q �'' o C a 8 W -� {111rIPls G4 y r` 11 -a ° . E En=a O C yon W } 1 E O Jll�.0 AA E O E Q. LU W 'V W Eoom c a €Z�m 3 P' "iCSUCM O o -S,� n w x u.• Q v ° v 02. P (W � Q IS l• Il - Ahy �}uCl�i, E m �`o E n y ac y -6.P Q W m o y W !S 11P150AQ /� cgi�=`�` W > °local o OmaO� ,1, a i 5i 3S upuAQN }a _ 'G "IS upCnaN L m t= Q w m IS AQILAQD v 15 ,ativa;) o Li - L � O 'Oung 1Q ,Htp IC l3U119 V�} � IPA a' a �� �"� L LU 'u = w u1 iS L'Jla1S IR IS CD r = t U)I CL r 0 U- n ] uJ "OPIpyS cu N y il i. QI', iii SL jS l'llaAiy ° - U- l� VWPA iJ co o W IL V. LO If' o-- EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 15, 2019 AGENDA HEADING: Consent Letter of support to AARP for the South Bay Council of Governments' initiative to create an "Age - Friendly Region" in the South Bay. RECOMMENDED COUNCIL ACTION: 1. Direct staff to prepare a letter of support from the mayor for the AARP to support the South Bay Council of Government's initiative to create an Age -Friendly Region in the South Bay. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: None PREPARED BY: Barbara Voss, Deputy City Manager ?�, REVIEWED BY: Councilmember Pimentel APPROVED BY: Barbara Voss, Deputy City Manager BACKGROUND & DISCUSSION: The American Association of Retired Persons (AARP) established the Age -Friendly Communities program in 2012. The program is designed to create a network of cities and communities throughout the country to proactively develop programs and services to support the needs of older adults. Examples include: active -aging programs, housing options, social activities, and support groups. AARP has developed a toolkit to support members of the network through each step in the process of becoming more age -friendly. The South Bay Cities Council of Governments (SBCCOG) plans to work with AARP to create an Age -Friendly Region in the South Bay. The SBCCOG has requested each south bay city submit a letter of support for this initiative. The SBCCOG in consultation with the City of El Segundo and the other south bay cities will develop: • A baseline assessment of the age -friendliness of the community ■ The development of a community -wide action plan based on the findings of the assessment • Identification of indicators so progress can be monitored against the action plan The AARP program is an affiliate of the World Health Organisation's (WHO) Global Network of Age -Friendly Cities which identified eight domains of livability: outdoor spaces and buildings, transportation, social participation, respect and social inclusion, civic participation and employment, community support and health services, communication and information, and housing. At the direction of City Council, staff will prepare a letter from the mayor in support of the Age - Friendly Region initiative. 39