ORDINANCE 1380ORDINANCE NO. 1380
AN ORDINANCE REPEALING SECTION 2 OF ORDINANCE
NO. 1369 TO RETROACTIVELY REPEAL THE SUNSET
CLAUSE IN THAT ORDINANCE.
The Council of the city of El Segundo does ordain as follows
SECTION 1, The City Council finds and declares as follows
A On November 18, 2003, the City Council adopted Ordinance No 1369 for
the purpose of regulating parking at the newly constructed parking
structure located adjacent to the Cooke's Market;
B Ordinance No 1369, in part, allowed persons and businesses to purchase
parking permits in order to reserve parking spaces within the parking
garage,
C When it adopted Ordinance No 1369, the City Council added a "sunset"
clause into the Ordinance which caused it to automatically expire one year
from its effective date;
D The purpose of the sunset clause was for the City Council to review the
success of the parking permit program and determine whether or not it
should be continued,
E Based upon information submitted into the record including, without
limitation, the staff report and presentation, the Council is satisfied that the
parking permit program should be continued,
F The City Council did not intend for Ordinance No 1369 to expire in
November 2004,
G The City Council recognizes that California law, including, without
limitation, Melton v City of San Pablo (1967) 252 Cal App 2d 794 and In
re Cindy B. v Eugene 8 (1987) 192 Cal App 3d 771, allows ordinances to
be retroactively applied when the legislative intent for such retroactivity is
clear,
H The City Council's intent in adopting this Ordinance is to remove the
expiration date in Ordinance No 1369 and extend its effectiveness
indefinitely beginning November 17, 2004,
It is in the public interest to adopt this Ordinance in order to continue the
success of the parking permit program,
SECTION 2. Section 2 of Ordinance No 1369 is repealed effective November 17,
2004 All other sections of Ordinance No 1369 remain unaffected by this Ordinance
SECTION 3• Repeal or amendment of any provision of the ESMC will 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repealed part will remain in full force and effect for sustaining action or prosecuting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 4 If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 5 The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting,
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law
SECTION 6 This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this IsT day of February, 2005.
(( (b4,
Kelly McDow641, Mayor.
ATTEST
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 said City is five, that the foregoing
Ordinance No 138o was duly introduced by said City Council at a regular meeting
held on the 18`h day of January 2005, 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 ist day of February 2005, and
the same was so passed and adopted by the following vote
AYES McDowell, Gaines, Boulgarides, Busch and Jacobson
NOES None
ABSENT' None
ABSTAIN None
NOT PARTICIPATING None
�dM0M, &j
Cindy Mo esen, City Clerk
APPR
Mark I
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