ORDINANCE 1193ORDINANCE NO. 1193
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA AMENDING TITLE 20 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING CHAPTER 20.52
ENTITLED "HISTORIC PRESERVATION ".
WHEREAS, DESI, Downtown E1 Segundo Inc, at the City Council
meeting on May 19, 1992, requested that the City consider the
possibility of establishing a Historic Preservation Ordinance; and
WHEREAS, the City Council, at a meeting on May 19, 1992,
directed staff to prepare a draft Ordinance and report to the City
Council; and
WHEREAS, the Planning & Building Safety Department, at the
City Council meeting on September 15, 1992, presented an update
report on a potential designation of a Historic District and other
individual Historic Sites; and
WHEREAS, the City Council, at the meeting on September 15,
1992, directed staff to continue drafting a Historic Preservation
Ordinance; and
WHEREAS, at the duly scheduled meeting of the Planning
Commission of the City of E1 Segundo on February 11, 1993, a duly
advertised public hearing was held on such matter in the Council
Chamber of the City Hall, 350 Main Street; and
WHEREAS, the Planning Commission, at the meeting on February
11, 1993, adopted Resolution No. 2332 recommending that the City
Council adopt a Historic Preservation Ordinance; and
WHEREAS, at the duly scheduled meeting of the City Council of
the City of El Segundo on March 2, 1993, a duly advertised public
hearing was held on such matter in the Council Chamber of the City
Hall, 350 Main Street; and
WHEREAS THE CITY COUNCIL HAS DETERMINED THAT DESIGNATION OF
CULTURAL RESOURCES IN ACCORDANCE WITH THIS ORDINANCE IS STRICTLY
VOLUNTARY, NOT MANDATORY, AND REQUIRES WRITTEN CONSENT OF THE
PROPERTY OWNER; AND
WHEREAS, at said hearing, the City Council established the
following facts and findings:
A. That the character and history of the City are
reflected in its cultural, historical, and architectural heritage;
and
B. That these historical and cultural resources should
be preserved as living parts of community life and development to
build an understanding of the City's past so that future
generations may have a genuine opportunity to appreciate, enjoy,
and understand the heritage of the City; and
C. The purpose of this Ordinance is to promote the
public health, safety, and general welfare and:
1. To safeguard the City's heritage as embodied and
reflected in cultural resources and historic sites;
2. To encourage public knowledge, understanding, and
appreciation of the City's historic past;
3. To foster civic and neighborhood pride and a sense
of identity based on the recognition and
preservation of cultural resources;
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4. To promote understanding and appreciation of
cultural resources for the education of the people
of the City;
5. To preserve diverse architectural styles and design
preferences of periods of the City's history and to
encourage complementary contemporary design and
construction; and
6. To promote public awareness of the benefits of
preservation.
D. The Land Use Element of the City's General Plan for
the years of 1992 -2011, recommends preservation and enhancement of
the City's cultural heritage and buildings or sites that are of
cultural, historical, or architectural importance through the
following objectives and policies:
1. Maintain the distinct character of the existing
areas of the City.
2. New development adjacent to a building of cultural,
historical, or architectural significance shall be
designed with a consistent scale and similar use of
material.
3. Encourage the preservation of historical and
cultural sites and monuments.
4. Take an active role in documenting and preserving
buildings of cultural, historical, and
architectural significance. This should include
residential, non - residential, and publicly owned
buildings.
5. Take an active role in assisting individual owners
or groups in documenting and preserving buildings
of potential cultural, historical, or architectural
significance.
E. This Ordinance is categorically exempt from the
requirements of CEQA pursuant to Section 15308, Class 8, as an
action to establish procedures to maintain, enhance, and protect
the cultural and historical environment of the City of E1 Segundo,
and the EIR for the City's General Plan certifies no significant
impact through the implementation of the objectives and policies
stated in Section D above, which this Ordinance is implementing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA DOES ORDAIN AS FOLLOWS;
SECTION 1. Chapter 20.52 is hereby added to Title 20
of the E1 Segundo Municipal Code to read as follows:
"CHAPTER 20.52"
HISTORIC PRESERVATION
Section:
20.52.010 Purpose.
20.52.020 Definitions.
20.52.030 Authority of Planning Commission under this
Chapter.
20.52.040 Notice of Public Hearings.
20.52.050 Designation of Cultural Resources.
20.52.060 List of Designated Cultural Resources.
20.52.070 Certificate of Appropriateness for any work
affecting Designated Cultural Resources.
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20.52.080 Certificate of Appropriateness: Procedure and
Criteria.
20.52.090 Duty to keep in good repair.
20.52.100 Ordinary maintenance and repair.
20.52.110 Emergency work on Designated Cultural
Resources.
20.52.120 Enforcement and penalties.
20.52.010 PURPOSE
The purpose of this Chapter is to promote the public health,
safety and general welfare by providing for the identification,
protection, enhancement, perpetuation and use of historic buildings
and structures within the City that reflect special elements of the
City's historical heritage for the following reasons:
1. To safeguard the City's heritage as embodied and
reflected in cultural resources and historic sites;
2. To encourage public knowledge, understanding, and
appreciation of the City's historic past;
3. To foster civic and neighborhood pride and a sense
of identity based on the recognition and
preservation of cultural resources;
4. To promote understanding and appreciation of
cultural resources for the education of the people
of the City;
5. To preserve diverse architectural styles and design
preferences of periods of the City's history and to
encourage complementary contemporary design and
construction;
6. To promote public awareness of the benefits of
preservation; and
7. To take whatever steps are reasonable and
necessary to safeguard the property rights of
the owners whose building or structure is
declared to be a landmark.
20.52.020 DEFINITIONS
When used in this Chapter, the following words shall have the
meanings specified in this Section:
A. "Alteration" means any change or modification of an
exterior architectural feature of a designated cultural resource.
Alteration shall include, but is not limited to, a changing or
modification of structure, architectural details or visual
characteristics and the placement or removal of any exterior
objects or ornamentation affecting the exterior visual qualities of
a designated cultural resource. Alterations shall not include
ordinary maintenance and repair.
B. "Certificate of Appropriateness" is a certificate issued
by the Planning Commission approving any proposed alteration,
restoration, construction, removal, relocation, or demolition, in
whole or in part, of or to a designated cultural resource.
C. "Commission" means the Planning Commission of the City of
E1 Segundo acting pursuant to the authority conferred under this
Chapter.
D. "Construction" means the building of additions to an
exterior architectural feature of a Designated Cultural Resource or
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the erection of a new principal or accessory building or structure
contiguous to a Designated Cultural Resource.
E. "Cultural Resource" means on -site improvements,
buildings, structures, signs, features (including significant
trees, or other landscaping located thereon) having cultural,
architectural, or historical significance to the citizens of the
City of El Segundo.
F. "Designated Cultural Resource" means on -site
improvements, buildings, structures, signs, features (including
significant trees or other landscaping), (places, place names,
exterior architecture features, landmark sites, historic sites,
area (including significant trees or landscaping located thereon),]
having cultural, architectural, or historical significance to the
citizens of the City that has been designated a Cultural Resource
pursuant to the provisions of this Chapter;
G. "Demolition" means any act or process that destroys in
part or in whole a Designated Cultural Resource.
H. "Exterior Architectural Feature" means all of the outer
surfaces of an improvement, building or structure, including but
not limited to the kind, color and texture of the building
materials and the type and style of all windows, doors, lights,
signs and other fixtures appurtenant to such improvement, building
or structure.
I. "Historic District" means any geographically definable
small or large area containing buildings, structures, sites and
objects linked historically through location, design, setting,
materials, workmanship, feeling, and /or association. The
significance of a district is the product of the sense of time and
place in history that individual components collectively convey.
This significance may relate to developments during one period or
through several periods in history.
J. "Historic Site" means any parcel or portion of real
property which has special character or special historical,
cultural, architectural, archaeological, community, or aesthetic
value.
K. "Improvement" means any building, structure, place,
fence, gate, landscaping, tree, wall, parking facility, work of
art, or other object constituting a physical feature of real
property, or any part of such feature.
L. "Preservation" means the identification, study,
protection, restoration, rehabilitation, or acquisition of cultural
resources.
M. "Property Owner" means the person or persons shown as the
record owner of the property on the latest available Assessment
Roll of the County of Los Angeles.
N. "Restoration" means the act or process of accurately
returning the form and details of a property and its setting as it
appeared at a particular period of time, or the removal of later
work or the replacement of missing earlier work.
O. "Relocation" means any change of the location of a
building or structure from its present setting to another setting.
P. "Work" means any alteration, construction, demolition,
relocation, or restoration of a designated cultural resource.
20.52.030 AUTHORITY OF PLANNING COMMISSION UNDER THIS CHAPTER
A. The Planning Commission of the City of El Segundo shall
have the power and authority to perform all of the duties
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enumerated and provided in this Chapter and shall act in accordance
with its established rules and by -laws.
B. For the purposes of this Chapter, the Director of
Planning and Building Safety, or the Director's Designee, shall
serve as administrative staff and as Secretary to the Commission.
The Secretary shall keep minutes of each meeting, record the
official actions taken, record the vote on all official actions,
certify each official act and resolution of the Commission, and
maintain records of operation.
C. The Commission shall have the following powers and
duties:
1. To maintain a local register of cultural resources
and historic sites;
2. To recommend removal of a designated cultural
resource;
3. To review and comment upon the conduct of land use,
housing, municipal improvement, and other types of planning and
programs undertaken by any agency of the City, the County, or the
State as they relate to the cultural resources and historical sites
of the City;
4. To report to the City Council on the use of various
federal, state, local, or private funding sources and mechanisms
available to promote preservation of cultural resources and
historical sites in the City;
5. To review applications for alteration, construction,
demolition, relocation, and restoration of proposed or designated
cultural resources and approve or deny Certificates of
Appropriateness for such actions pursuant to Section 20.52.080 of
this Chapter;
6. To cooperate with local, county, state and federal
governments and private organizations in the pursuit of the
objectives of historic preservation; and
7. To ensure that designation of a building or
structure as a designated cultural resource shall not infringe upon
the rights of private owners to make any and all reasonable uses of
such designated cultural resource which are not inconsistent with
the purposes of this Chapter.
20.52.040 NOTICE OF PUBLIC HEARINGS
Whenever this Chapter calls for a public hearing, the owner of
the affected building or structure and all property owners within
a 300 -foot radius of the subject property, shall be sent written
notice of the public hearing by mail not less than ten (10) days
prior to the hearing. Notice shall also be advertised once ten
days prior to a hearing in a newspaper of general circulation.
The notice shall give the date, time and place of the hearing,
the location of the property, and a description of the proposed
action affecting the property.
20.52.050 DESIGNATION OF CULTURAL RESOURCES
A. Procedures. Requests for designation of a cultural
resource may be made by or with the written consent of the property
owner, by filing an application with the Department of Planning and
Building Safety.
1. The Commission shall hold a noticed, public hearing
on the matter within forty -five (45) days of receipt of the
complete application. Within seven (7) days of the hearing, the
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Commission shall provide a written recommendation to the City
Council as to whether the building or structure should be made a
designated cultural resource. If the recommendation of the
Commission is to designate the building or structure as a
designated cultural resource, the recommendation shall include the
reasons for designating the building or structure as a designated
cultural resource and shall include a determination of whether to
mark it with a uniform and distinctive marker.
2. Within thirty (30) days after receiving the
recommendation of the Commission, the City Council shall hold a
noticed, public hearing and approve or deny the recommendation.
3. Any hearing may be continued for any reason by the
consent of the City and the property owner. If the property owner
does not consent, there may be no more than one continuance for a
period not to exceed thirty -one (31) days if the additional time is
needed to conduct further study of the cultural resource. If an
EIR or negative declaration is required, the time limits set forth
in Public Resources Code section 21151.5 shall apply.
4. The City Council shall declare designated cultural
resources by resolution, which shall contain a statement as to why
the cultural resource is so designated. Any such resolution shall
include a legal description of the property involved, including lot
and block number and the name of the property owner. The
resolution shall be duly recorded by the City Clerk in the County
Recorder's office.
B. Criteria. A cultural resource may be declared a
designated cultural resource if it meets the following criteria:
1. Must be at least 50 years old; and
2. It is associated with persons or events significant
in local, state, or national history; or,
3. It reflects or exemplifies a particular period of
national, state, or local history; or,
4. It embodies the distinctive characteristics of a
type, style, period of architecture, or method of construction.
C. Temporary Stay On Permits Pending Designation. No
construction, alteration, demolition, relocation, or restoration
shall be allowed and no other entitlement permits shall be issued
with regard to any proposed designated cultural resource from the
time an application for designation is made until the City Council
has made a final decision to either approve or deny the request for
designation.
D. Removal of Designation. A cultural resource designation
may be removed subject to the same procedures set forth above.
20.52.060 LIST OF DESIGNATED CULTURAL RESOURCES
The Department of Planning and Building Safety shall maintain
a Designated Cultural Resources List which shall include the
following information:
A. A legal description of each designated cultural resource,
the names and addresses of all owners of designated cultural
resources, and parcel assessor's numbers of designated cultural
resources.
B. A legal description of the property included in any
Historic District, including the special historical, aesthetic,
cultural, architectural, or engineering interests or value of the
District.
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C. Sketches, photographs or drawings of structures of all
Designated Cultural Resources and other significant buildings or
Historical Sites.
D. A statement of the condition of Designated Cultural
Resources and other significant buildings or Historical Sites.
E. An explanation of any known threats to any Designated
Cultural Resource and other significant buildings or Historic
Sites.
20.52.070 CERTIFICATE OF APPROPRIATENESS FOR ANY WORK AFFECTING
DESIGNATED CULTURAL RESOURCES
A. A Certificate of Appropriateness issued by the
Commission, or the City Council on appeal, shall be required before
the following actions affecting a Designated Cultural Resource may
be undertaken: construction; alteration; restoration; relocation;
and demolition.
B. No building permit for any work on a Designated Cultural
Resource shall be issued until a Certificate of Appropriateness is
issued in the manner provided for in this Chapter.
C. A Certificate of Appropriateness is not required for any
ordinary repair and maintenance as described in Section 20.52.100.
20.52.080 CERTIFICATE OF APPROPRIATENESS: PROCEDURE AND CRITERIA
A. Procedure.
1. Application. No person shall carry out or cause to
be carried out, any alteration, construction, demolition,
relocation or restoration of a Designated Cultural Resource without
first submitting an application for such work and obtaining the
approval of the Commission or, on appeal thereof, of the City
Council. Application for such approval shall be made to the
Planning and Building Safety Department on forms provided by the
City. The application shall include all required plans, materials,
documents and other information from the applicant which are
reasonably necessary for proper review and action by the
Commission.
2. Commission Hearing. Upon submittal of a application
which is accepted as complete by the Department of Planning and
Building Safety, the Commission shall hold a public hearing on the
application within forty -five (45) days. Notice of the hearing
shall be given as required by Section 20.52.040.
The Commission shall make a decision on the application
within five (5) days after the completion of the hearing. The
Commission may approve, approve with conditions or deny the
application. The Commission's decision shall be in writing and
shall state the findings of fact and reasons relied upon in
reaching its decision. A copy of the decision shall be mailed to
the property owner with five (5) days of the date of the decision.
3. Appeal to City Council. The decision of the
Commission to approve, deny, or approve with conditions any
application as set forth in this Section is appealable to the City
Council. Such appeal shall be made in writing and delivered to the
office of the City Clerk not later than ten (10) calendar days from
the date of mailing of the notice of the Commission's decision. At
the time of filing, the applicant shall pay a fee as required by
City Council Resolution No. 3617. No application for appeal shall
be deemed complete until the prescribed fee has been received by
the City. Such appeal shall specify the reasons for the appeal
from the decision of the Commission. Upon the filing of the
appeal, the Clerk shall set the matter for public hearing within
thirty (30) days and shall give notice of the hearing as required
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by Section 20.52.040. Upon the hearing of such appeal, the City
Council may, by resolution, affirm or modify or reverse the
determination of the Commission. The City Council shall render its
decision within five (5) days of the completion of the hearing.
B. Criteria: Alteration. Construction or Restoration
A Certificate of Appropriateness for the alteration,
construction or restoration of a Designated Cultural Resource shall
not be issued unless the Commission or City Council, on appeal,
find all of the following conditions exist:
1. The proposed alteration, construction or restoration
will not adversely affect exterior architectural features of the
building or structure specified in the designation; and
2. The proposed alteration, construction or restoration
will not adversely affect the special character; special
historical, architectural or aesthetic interest; nor the
relationship and congruity between the subject structure or feature
and its neighboring structures and surroundings, as specified in
the designation.
C. Criteria: Demolition
A Certificate of Appropriateness for the demolition of a
Designated Cultural Resource shall not be issued unless the
Commission or City Council, on appeal, find one or more of the
following conditions exist:
1. The structure or building is a hazard to public
health or safety; or
2. The site on which the Designated Cultural Resource
is located is required for a public use which will be of more
benefit to the public than its use as a Cultural Resource and there
is not practical alternative location for the public use; or
3. Denial of the proposed application will result in
unreasonable economic hardship to the owner; it is not feasible to
preserve or restore the Designated Cultural Resource; and the
property owner will be denied the reasonable beneficial use of the
property if the application is denied.
D. Criteria: Relocation
A Certificate of Appropriateness for the relocation of a
Designated Cultural Resource shall not be issued unless the
Commission or City Council, on appeal, finds that:
1. One or more of the conditions set forth in
subsection C of this Section exist;
2. The relocation will not destroy the historic,
cultural or architectural value of the Designated Cultural
Resource; and
3. The relocation is part of a definitive series of
actions which will assure the preservation of the designated
Cultural Resource.
E. Unreasonable Economic Hardship
A property owner may request an exemption from the
provisions of this Chapter on the grounds of unreasonable economic
hardship for any alteration, construction, restoration, demolition
or relocation of a Designated Cultural Resource.
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A property owner requesting an exemption on the grounds
of unreasonable economic hardship shall provide the following
information, including but not limited to:
1. Ownership and operation of the property, mortgage
and financing information, market value, structural integrity,
rehabilitation costs, assessed value, real estate taxes, debt
service, and potential adaptive re -use, and;
2. For income - producing property: (a) Annual gross
income from the property for the previous two years; (b) Itemized
operating and maintenance expenses for the previous two years; and
(c) Annual cash flow, if any, for the previous two years.
3. For low- income owners: (a) a statement of present
household income and number of persons in the household. Low -
income households shall be defined as meeting the income level
established by the U.S. Department of Housing and Urban
Development.
4. The staff may require that a property owner furnish
additional information which would assist the Commission in making
a determination as to whether or not the property does yield or may
yield a reasonable return to the owner(s), i.e., pro -forma
financial analysis. In the event that any of the required
information is not reasonably available to the property owner and
cannot be obtained by the property owner, the property owner shall
file with his affidavit a statement of the information which cannot
be obtained and shall describe the reasons why such information
cannot be obtained.
The property owner shall have the burden of proof to
establish unreasonable economic hardship.
The Commission, or City Council on appeal, may grant an
exemption on the grounds of unreasonable economic hardship if it
finds that the application of the provisions of this Chapter to the
proposed alteration, construction, restoration, demolition or
relocation would deny the property owner reasonable beneficial use
of the property and a reasonable rate of return on the owner's
investment in the property.
20.52.090 DUTY TO KEEP IN GOOD REPAIR
The owner, occupant, or other person who exercises control
over a Cultural Resource shall keep in good repair all of the
exterior architectural features of such improvement, building, or
structure, and all of the interior portions whose maintenance is
necessary to prevent deterioration and decay of any exterior
architectural feature.
20.52.100 ORDINARY_ MAINTENANCE AND REPAIR
Nothing in this Chapter shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural
feature in or on any Designated Cultural Resource that does not
involve a change in design, material, or external appearance
thereof, nor does this Chapter prevent the construction,
alteration, restoration, demolition, or removal of any such
architectural feature if the Director of Planning and Building
Safety certifies to the Commission that such action is required for
the public safety due to an unsafe or dangerous condition.
20.52.110 EMERGENCY WORK ON DESIGNATED CULTURAL RESOURCES
Nothing in this Chapter shall be construed to prevent the
Building Official from issuing a building permit if he determines
that the demolition, removal or alteration of a Designated Cultural
Resource is immediately necessary to protect the public health,
safety or welfare.
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20.52.120 ENFORCEMENT AND PENALTIES
A. Any person who violates any provision of this Chapter or
fails to obey an order issued by the Commission or comply with a
condition of approval of any Certificate of Appropriateness issued
under this Chapter shall be guilty of a misdemeanor and subject to
provisions of Section 20.99 of the E1 Segundo Municipal Code.
B. Any person who constructs, alters, removes, relocates,
restores or demolishes a Designated Cultural Resource in violation
of any provision of this Chapter shall be required to restore the
building, object, site, or structure to its appearance or setting
prior to the violation.
C. The Building Official shall have the authority to enforce
all provisions of this Chapter.
SECTION 2. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the final
passage and adoption thereof.
SECTION 3. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall cause to be
posted the same in three public places in the City of El Segundo in
the time and manner provided by law.
PASSED, APPROVED and ADOPTED this 16th day of arch, 1993.
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Camel Jacobson, ayor
of the City E1 Segundo,
California
ATTEST:
iody Mortis n" dify Clerk
(SEAL)
APPROVED AS TO FORM:
Leland C. Dolley, City ttorney
FE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1193 is a full, true correct original
of ORDINANCE NO. 1193 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING TI'T'LE 20 OF THE EL SEGUNDO MUNICIPAL
CODE BYADDING CHAPTER 20.52 ENTITLED "HISTORIC PRESERVATION ".
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 16TH DAY OF MARCH 1993, and the same was so passed
and adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Wise, and Councilmen
West, Switz, and Robbins.
NOES: None
ABSENT: None
NOT PARTICIPATING: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1193,
as duly posted according to law and the order of the City Council of said City of El
Segundo.
CNDY 1416 TESE� ,
City Clerk of the
City of El Segundo, California
(SEAL)
CITY OF EL SEGUNDO
AFFIDAVIT OF POSTING OF ORDINANCE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF EL SEGUNDO )
AFFIDAVIT OF POSTING
ORDINANCE 1193
I Cindy Mortesen, delcare as follows:
That I am the City Clerk of the City of El Segundo; that a
copy of the Ordinance passed on March 16, 1993 before the City
Council of the City of El Segundo was posted at three prominent
locations. A copy of said Ordinance is attached.
I declare under the penalty of perjury that the foregoing is
true and correct.
Executed on April 1, 1993 at E1 Segundo, California.
L) LIZ
Cindy Mortesen, City Clerk