1995 MAR 07 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted
and listed agenda items
The Public can participate in the discussion of any item listed on the Agenda. To facilitate your
presentation, please place a check mark ✓ beside each item you would like to address on the
Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other
item not listed on the Agenda that is within the jurisdiction of the City Council may be directly
addressed during Public Communications
Before speaking to the City Council, please come to the podium and give Your name and
address and the organization you represent, if desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the
City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2.00
p in the prior Tuesday) The request must include a brief general description of the business to
be transacted or discussed at the meeting
In compliance with a Americans with i ities AcL it you need special assistance to participate in this meeting, please contact ac ton,
322 -3769 Notification 48 hours pnor to the meeting wall enable the City to make reasonable arrangements to ensure accessibility to tlus meeting
ADJOURNED RFOGULAR MEETING OF TIC
EL SEGUNDO CITY COUNCIL
Mawh 7, 1995 - 5:00 P.M
CALL. TO ORDER
PLEDGE OF Ai 1 F(LANCE - Mayor Pro Tem Liam Weston
ROLL CALL,
PUBLIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per person, 30
minute limit total)
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the
Brown Act (Government Code Sec 54950, ft ,,gU) for the purposes of conferring with the City's
Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing
litigation; and/or discussing matters covered under Gov't Code section 54957 (Personnel), and/or
conferring with the City's Labor Negotiators as follows-
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section
54956 9(a))
1 Summertield tax litigation, Case No BC 106640
2 O'Brien v. City of El Segundo, WCAB No Unassigned
3 Westinghouse v City of El Segundo, LASC Case No BC 014422
4. NRDC v City of El Segundo, Case No USDC Civil No. 93- 7125 -R
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Govt Code 54956 9(b): 5 potential cases (no
further public statement is required at this time); Initiation of litigation pursuant to Gov't Code
Section 54956 9(c) 1 matters.
DISCUSSION OF PERSONNEL MATTERS (Godt Code Section 54957). None
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957.6) None
REPORT OF ACTION TAIMN IN CLOSED SESSION (if required)
POSTED
PUBLIC COMMUNICATIONS - (Related to Cty Business Only - 5 n DATE 3zt /9
ADJOURNNMNT 002 TIME 9.30 4.r-
NAME `71ia '._. �
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted
and listed agenda items
The Public can participate in the discussion of any item listed on the Agenda To facilitate your
presentation, please place a check mark ✓ beside each item you would like to address on the
Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other
item not listed on the Agenda that is within the jurisdiction of the City Council may be directly
addressed during Public Communications
Before speaking to the City Council, please come to the podium and ,give Your name and
address and the organization you represent, if desired Please respect the time limits
Members of the Public inay place items on the Agenda by submitting a Written Request to the
City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00
p in the prior Tuesday) The request must include a brief general description of the business to
be transacted or discussed at the meeting
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact Jack Hilton, 322 -3769. Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
MARCH 7, 1995 - 7:00 P.M.
Next Resolution # 3911
Next Ordinance # 1236
CALL TO ORDER
INVOCATION - Rev Bonnie Wulff, Living The Inner Light Foundation
PLEDGE OF ALLEGIANCE - Councilman Switz
PRESENTATIONS
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by
title only
Recommendation - Approval.
B. SPECIAL ORDERS OF BUSINESS -
Public Hearing - Consideration of a Resolution to increase fines and fees for services
at the El Segundo Public Library Fiscal impact Estimated $7,000 increase in
Recommendation -
1)
Open Public Hearing
2)
Discussion
3)
Close Public Hearing
4)
Adopt Resolution.
003
2 An Ordinance of the City of El Segundo, California, adopting the Uniform Fire Code,
1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III -C, III -D, IV -A, V-
A, VI -A, and VI -B, adopting the National Fire Codes, 1992 Edition, Volumes 1 -11,
repealing in its entirety Chapter 17 04 of, and adding Chapter 17 04 to, the El Segundo
Municipal Code, which Chapter relates to the Fire Code
Recommendation -
1) First Reading and Introduction of Ordinance
2) Discussion
3) Set Public Hearing Date March 21, 1995.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1 Notice of vacancies on the following Commissions /Committees/Boards Economic
Development Advisory Council, Investment Advisory Committee, Library Board of
Trustees, Metropolitan Cooperative Library Systems Advisory Board, Planning
Commission, Recreation & Parks Commission, Senior Citizen Housing Corporation
Board, and the Wall of Honor Committee
Recommendation - Direct staff to initiate the recruitment process to fill the various
vacancies pursuant to established procedures for Commissions /Committees/Boaids.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business
1 Warrant Numbers 217334 - 217468 on Demand Register Summary Number 32 in total
amount of $10,488,389 17
Recommendation - Approve Wan-ant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts
or agreements; emergency disbursements and/or adjustments.
2 Warrant Numbers 217469- 217653 on Demand Register Summary Number 33 in total
amount of $695,489 04
Recommendation - Approve Warrant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts
or agreements; emergency disbursements and/or adjustments.
3 City Council meeting minutes of January 17, February 7, February 16, and
February 21, 1995
Recommendation - Approval.
4 a) Adopt Plans and Specifications No PW -94 -9 for Modifications to Sanitation
Pumping Plant No 8
b) Authorize Staff to advertise for bids
Recommendation -
1) Adopt Plans and Specifications.
2) Authorize Staff to advertise for bids.
5 Sepulveda Tunnel Demonstration Project Inter - Agency Project Coordination
Committee (IPCC) draft recommendations for use of $8 95 million of Federal funds
remainme in the Demonstration Proiect
Recommendation - Approve the IPCC's draft recommendations and authorize staff to
present these recommendations for allocation of the available funds.
6 Staff time to promote the Opening Day activities for the EI Segundo Station of the
Metro Green Line
Recommendation - approval of staff time only to assist in the promotional effort
CALL ITEMS FROM CONSENT AGENDA
I
2 004
F. NEW BUSINESS - CITY MANAGER
1 Cooperative Agreement between the City of El Segundo and the County of Los
Angeles for design and construction of Storm Drain Pump Stations 15 and 19
Recommendation -
1) Authorize Staff to terminate the current City -Hams & Associates agreement for
design and construction management services for the Storm Drain Pump
Stations 15 and 19 improvements.
2) Authorize an appropriation of $165,205 from unallocated Capital Improvement
Program funds to finance the City's commitment in the proposed cooperative
agreement.
3) Approve the cooperative agreement and authorize the Mayor to execute the
agreement on behalf of the City.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
L NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CfIY COUNCILMEMBERS
Councilwoman Friedldn -
1 Formation of a new Joint Powers Authority, the South Bay Cities Council of
Governments, to facilitate proiects of subregional interest
Recommendation -
1) Discussion and consideration of Joint Powers Agreement, form of
Bylaws, and proposed resolution.
2) Read Resolution by Title Only.
3) Adopt Resolution.
Councilman Robbins - NONE
Councilman Switz - NONE
Mayor Pro Tern Weston - NONE
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
101 340 t11 tI r:`�y
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown
Act (Government Code Sec 54960, et seg) for the purposes of conferring with the City's Real
Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation,
and/or discussing matters covered under Government Code section 54957 (Personnel), and/or
conferring with the City's Labor Negotiators, as follows
Continuation of matters listed on the City Council Agenda for 5 00 p in, March 7, 1995 under
"Closed Session" (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE
TIME
NAME
3
005
EL SEGUNDO CITY COUNCIL MEETING DATE: March 7, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business- Public Hearing
AGENDA DESCRIPTION:
Public Hearing - Consideration of a Resolution to increase fines and fees for services at the El Segundo Public
Library. Fiscal Impact Estimated $7,000 increase in revenue
RECOMMENDED COUNCIL ACTION:
1 Open Public Hearing
2 Discussion
3 Close Public Hearing
4 Adopt Resolution
BRIEF SUMMARY:
Pursuant to the public meeting held on February 7, 1995, and M accordance with jhe Brown get, a pubic hearing
is being held for input regarding a proposed increase in library fines and fees for services at the El Segundo Public
Library
On April 28, 1989, the City Council adopted Resolution No. 3589, which set forth a schedule of fines and fees to
recover a portion of costs for certain services of the Library Services Department. The Resolution provided for an
annual increase on July 1 of each year to reflect increases in the Consumer Price Index
The City Council amended Resolution No 3589 on January 5, 1993, not only to reflect Consumer Price Index
increases, but also to incorporate fees for new library services offered with the completion of the Library Expansion
Project in 1992
At their June 14, 1994 meeting, the Library Board of Trustees approved a Proposed Library services Department
Schedule of Fines and Fees, as submitted by the Board's Committee on Fines and Fees for fiscal year 1994/95
At the public hearing on September 20, 1994, the City Council referred the Proposed Schedule of Fines and Fees
back to the Library Board with specific direction to maintain current fee rates for residents, to consider raising fees
for non - residents, and raise computer room fees.
A Special Board Meeting was held November 17, 1994 At that meeting, the Trustees again reviewed the City
Council's suggested changes in the Proposed Library Fines and Fees Schedule. A motion was made, seconded
and unanimously carried to. 1) increase the current library fines and fees by 1 5 %, representing the latest
Consumer Price Index, in accordance with the mandate set forth in City Council Resolution #3589, dated April 18,
1989, 2) to institute resident and non - resident Adult Computer Room Use Fees at the following rates a) Non -
Resident Computer Room Use Fees are recommended at $20 per quarter, and b) Resident Adult Computer Room
Use Fees are recommended at $10 per quarter. Recommended charges were based upon a July- September 1994
Survey of Computer Room Use, supply and maintenance costs, and future upgrade cost considerations 3) To
increase the Non - Resident Library Card Fee to $40 per year The charge was based on a survey of 31 other
Metropolitan Cooperative Library System libraries' charges for non - resident library cards, which showed the average
fee charged to be $38 per annum. 4) Non - Resident Fees for reference services will not be considered at this time
The Board will be studying this issue
Library services covered by the Library Services Department 1994/95 Proposed Schedule of Fines and Fees include
library cards, use of computers and meeting rooms, overdue book fines, interlibrary loans, repair of damaged
materials, fees for equipment use, etc The amount of the fees is calculated to partially cover, but not to exceed,
the cost of providing service The library currently receives approximately $30,000 per year in revenue from fines
and fees If the current use of the library remains constant, the estimated amount of revenue received from the
proposed schedule of fines and fees will be $37,000, an increase of $7,000 in fines and fees revenue
Public comment is welcomed at this time.
ATTACHED SUPPORTING DOCUMENTS:
1 City Council Resolution No 3589
2 Staff report on Library Fines and Fees - Rates and New Services (amending City Council Resolution No
3589) presented at the January 5, 1993 City Council Meeting.
3 Chart of Library Fines and Fees - CPI Increase from 1989/90
4 1994 /95 Library Services Department Proposed Schedule of Fines and Fees (Revised 11/23/94)
5 Proposed Resolution
FISCAL IMPACT
(Check one) Operating Budget* N/A Capital Improv Budget
Amount Requested:
Project/Account Budget
Project/Account Balance: Date:
Account Number.
Project Phase:
Appropriation Required - Yes_ No X
ate:
Bar J Pearson, Library Director
W. Morrison, City Manager
AGAPU6 MG
11.
RESOLUTION NO. ]50')
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING A
SCHEDULE OF FINES AND rFES TO RECOVER PARTIAL
COSTS OF LIDIL RY SERVICES.
WHEREAS, the GrI fith Report dated September, 1988
recommends the establishment and /or increase in fines and fees to
recover the costs for Library services; and
WHEREAS, the attached Schedule oC Fines and Fees is
recommended to the City Council to recover the partial costa of
services by the E1 Segundo Public Library.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Schedule of Fines and Fees, referred hereto
as Exhibit "A" and by reference made a part- hereof is hereby
approved and adopted as the Schedule of Fines and Fees for
Library services. The Schedule shall be reviewed for adjustment
on July 1st of each year to reflect any increase in the most
recent Consumer Price Index published by the United States Bureau
of Labor Statistics for the Loa Angeles Baaln /Long Beach standard
Metropolitan Statistical Area for all Urban consumers (1967 Base)
over the prior years index.
SECTION Z. The City Clerk shall certify to the passage and
adoption of this resolutions shall enter the same in the book of
original resolutions of said city; and shall make a minute of the
passage and adoption thereof in the record of the proceedings of
the City council of said city, In the minutes of the meeting at
which the mane is passed and adopted.
PASSED, APPROVED and ADOPTED on
ATT s
C ty Cle
r o
C-,L\\y
(SEAL)
April t
the y of El Sag
Cal i ornia
19e9.
Of
l
JOAilt•O/ 190o.L
0 "n 007
0 0 1 rN I
00 017 L-, 1 P"7, '? � /2--
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart city Clerk of the City of El Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
resolution, being Resolution No. 35 89 was duly passed and adopted
by the said City Council, approved and signed by the Mayor of
said City, and attested by the City Clerk of said City, all at a
adjourned regular meeting of the said Council held an the 18th
day of April 1969 and that the same was so passed and adopted by
the following voter
AYESt Councilmembers Clutter, Dannen,
West, Anderson and Mayor Jacobson
NOESt None
ABSENTi Non*
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 9th day
of May, 1969.
ZI &
RONALD L.
City Clerk of the
City of E1 Segundo, California
(SEAL)
00 1
L, r /!�
loop loop �iq' `, y ��1/.7—
�8
A
JIIUdC f 7, ii3J
AGENDA ITEM STATEMENT - AGLNUA HEADING. Consent Calendar
Agenda Description: Library Fines and tees - Rates and New Services
Recommended Council Action: Approve new services fees as recommended by
Library Board of Trustees
Brief Summary: Library fines and Cees have not been increased since April
1909 as set by City Council Resolution No 3509. While the Resolution
stipulated a review for adjustment every July 1 to reflect any increases in
the most recent CPI for the Los Angeles Basin /Long Beach SMSA, no action
was taken by the Library Board of Trustees until February of 1992. The
Board had wanted to adjust fees to include those for new services to be
implemented with the completion of the Library Expansion Project.
At their February 25, 1992 meeting the Library Board completed a review,
utilizing comparative data of the other 31 Metropolitan cooperative Library
System members, and unanimously agreed to forward the Revised Fines and ree
Schedule for recommendation to City Council. The Finance Department has
reviewed recommended schedule, which reflects, with some exceptions, CPI
increases over a i year period. Some fees which were retained at the
current level were considered competitive with other libraries in MCLS or
exceeded current staff service costs in that category.
The Library Board has included in the Revised Fines & Fee Schedule
recommended charges for new services, again based upon comparisons with
similar.charges in other Metropolitan Cooperative Library System Libraries.
Specific recommended charges are:
COMPUTER CARDS: -Adult $5.00 /yr.
- Children Free'
- Students (with ID) $1.00 /yr.
MEETING ROOM:
Non - Profit Organizations During Regular Hours FREE
For - Profit During Regular flours $20 /hr.
Non - Profit after Regular Hours $35 /hr.
For - Profit after Regular flours $35 /hr.
At this time staff is forwarding the Revised Library Fines and Fees
Schedule and requesting City Council approval of new services charges to be
incorporated therein.
Attached Supporting Documents and Who Prepared Them:
1) Fines and Fees in MCLS Libraries, 1991, prepared by•MCLS
2) Proposed Fines /Fees for Library Services prepared by Library Board of
Trustees and Library Director, Barbara J. Pearson
3) City of E1 Segundo Resolution No. 3509, dated April 10, 1909
Fiscal Impact: Amourit Requested: -0-
Budget Amount: -0-
In Account Number: _Q__
Deficit: -0-
Revenue Source: -0-
originator: Date:
3rbara J. Pearson, Library Director
iewed By: Date:
ink Meehan,•Acting City Manager
Action Taken: r
rr �1t9
,i , , 1 ,
EL SEGUNDO PUBLIC LIBRARY SERVICES DEPARTMENT
CHART OF FINES & FEES --CPI INCREASE FROM
1989/1990
ITEM
1989/90
*Cost with
* *Actual
LIBRARY
COST OF
19.6% CPI
Cost to
BOARD
FINE
Increase
Provide
Recom-
(Griffith
since 1989
Service
mends
Report)
1994/95
Library Cards
Residents/Volunteers/
MCLS Members
FREE
FREE
$ 3.20
FREE
Non - Residents
$15
$17.93
$ 3.20
$ 40
Corporate /Business
$100
$119.60
$ 3.20
$105
Lost /Duplicate
$ 1
$ 1.20
$ 3.30
$ 1.07
Overdue Fines
Books, Records, Audio
Cassettes, & Compact
$ .10 /day
$ .12 /day
$ 5.50/
$ .15 /day
Discs
day
Reference Materials
$ 1.00 /day
$ 1.20 /day
$ 5.50/
$2.64/
day
day
Video Cassettes
$ 2 /day
$ 2.39/
$ 5.50/
$2.08/
day
day
day
Lost/irreparable Materials
Cost+ $3
Handling fee
Cost+
$ 3.59
$ Cost+
$ 7.00
Cost+
$ 5.22
+Handling
*The CPI index from 4/30/90 to 2/28/94 increased 19.6% (1989/90 base year was
127.2 and on 2/28194 was 152.2). Provided by the City Finance Department.
* *The "Cost to Provide Service" is calculated to include: Supplies, staffing, and
automated system maintenance costs.
REVISED 2/8/95
-1-
010
(Fines & Fees -- Continued)
ITEM
1989/1990
*Cost with
Current
LIBRARY
COST OF
19.6% CPI
Fee /Fine
BOARD
FINE
Increase
Recom-
since 1989
mends
Reserves
$ .50
$ .58
$ .55
$ .56
INTER - LIBRARY LOAN
FEES
MCLS Libraries
FREE
FREE
Free
FREE
Non -MCLS
Libraries
$ .50
$ .58
$ 1.05+
$ 1.07 +
Postage
Postage
Lost Inter - Library
$ 5+
$ 5.98+
$ 6.16
$ 6.24+
Loan Fees
Cost of
Cost
+ Cost
Cost of
Item
Item
Damaged Materials
$ 10
$11.95
$12.35
$12.54
Book Bindery
Periodicals
$ 1.00
$ 1.20
$ 2.60
$ 2.64
Pamphlets
$ 1.00
$ 1.20
$ 1.30
$ 1.31
Plastic /locked
Cases for:
Audio Cassettes
$ 1.00
$ 1.20
$ 1.30
$ 1.31
Video Cassettes
$ 2.00
$ 2.39
$ 2.30
$ 2.33
Books -On -Tape
$ 1.00
$ 1.20
$ 2.30
$ 2.33
Compact Disc
$ 1.25
$ 1.49
$ 1.30
$ 1.31
-2-
011,
(Fines & Fees -- Continued)
ITEM
1989/90
*Cost
Current
LIBRARY
COST OF
with
Fine /Fee
BOARD
FINE
19.6% CPI
Recom-
Increase
mends
since
1989
Other Charges
Photocopies+
$ .15 /pg
$ .18 /pg
$ .15 /pg
$ .15 /pg
Public Fax +
N/A
N/A
$1.25/pg
$ 1.25/pg
Microform copies
$ .10 /pg
$ .12 /pg
$ .10 /pg
$ .10 /pg
Typewriter Rental+
.25 /20min
.30 /20min
.50 120min
.50 /20min
Video Rental ++
$1.00/
$1.20/
$ 1/
$ 1.02/
3 days
3 days
3 days
3 days
+These machines are leased. All revenue goes to the Leasing Firm in return for
weekly maintenance and supplies from Lessor. The Public Fax is a new service as
of 8/94.
+ +Video rentals began Jan. 1989. Proceeds are used only to purchase new videos
for the collection.
-3-
®1�
(Fines & Fees continued)
The following Fees were instituted with the completion of the re- modeling project
in March 1992. There were no prior year fees for these charges.
ITEM
1989/90
COST OF
FINE
*Cost with
19.6% CPI
Increase
since
1989
Current
Fee /Fine
LIBRARY
BOARD
Recom-
mends
Meeting Room Fees
N/A
N/A
FREE
FREE
Non - Profit Meetings
For - Profit Meetings
N/A
N/A
$20 1hr
$20.30 /hr
EQUIPMENT USE:
Kitchen
N/A
N/A
$25
Refund-
able
$25.38
Refund-
able
Podium
N/A
N/A
Free
Free
Microphone
N/A
N/A
Free
Free
Screen (Portable)
N/A
N/A
$5
$5.08
CD /Cassette Player
N/A
N/A
Free
Free
Overhead Projector
N/A
N/A
$5
$5.08
Television
N/A
N/A
Free
Free
16MM SOUND /FILM
Projector
N/A
N/A
$5
$5.08
Slide Projector
N/A
N/A
$5
$5.08
Built -in Video
Projection System
N/A
N/A
$5
$5.08
Computer Rooms
Adult Resident
N/A
N/A
$5/YR
$10 /qrt.
Adult Non - Resident
N/A
N/A
$5/YR
$20 /qrt.
ELS High School
N/A
N/A
$1 /yr
$1 ' 021y
Children
N/A
N/A
Free
Free
me
4M
L I j6 eq /2
1994/95 LIBRARY SERVICE'S DEPAR'1'MEN'I'AL PROPOSED SCHEDULE
OF FINES & FEES
APPROVED BY THE LIBRARY BOARD OF TRUSTEES
NOVEMBER 17, 1994
a,
LIBRARY
CPI (1.5 %)
BOARD
CURRENT
ADJUSTED
RECOM-
ITEM
FINES
RA'Z'E 7/94
MENDS
LIBRARY CARDS
Residents, Volunteers
FREE
FREE
FREE
& MCLS
Non - Residents
$15 40 1yi.
$1563
$40
Corporate /Business
$103 /YR
$105/YR
$105/YR
Lost /Duplicate
$1.05
$107
$1.07
(New plastic cards since
last cost increase)
COMPUTER ROOMS:
Adult Resident
$5 1yi
$5.07 /yr
$10 /quarter
Adult Non - Resident
$5 /yr
$5 07 /yr
$20 /quartet
ELS High School
$1 /yr
$1 /yi
$1 /yr
Children
Free
Ficc
Free
OVERDUE FINES:
Books, Records, Audio
Cassettes, & Compact Discs
$ .15
$ .15
$ .15
(Max. $4.60
(Same Max.
(Same Max.
or cost of
cost)
cost)
item jif long
overcluel).
Reference Materials
$2 60 /Day
$2 64 /Day
$2.64 /Day
(Max $75 of
(Max $80)
(Max $80)
Cost of
Itcm)
Video Cassettes
$2.05 /Day
$208 /Day
$2.08 /Day
(Oi Cost of
(Or Cost)
(Or Cost)
Item)
a,
015'
L, 1. to� f41 /Z
CPI (I.5%)
LIBRARY
Adjusted
BOARD
CURRENT'
Rate
RECOM-
ITEM
FINES
7/91
MENDS
LOST/
IRREPARABLE
Current ic-
CullCIA cost
Cuucnt cost
MATERIALS
placement
+ 5.22
+ $5.22
Cost +
handling
handling
$5.15 hand-
ling fee
RESERVES
Books
$ .55
$ 56
F$. 56
INTER - LIBRARY LOAN
FEES:
MCLS Libiaiies
F1 cc
Flee
Free
Non -MCLS
$1.05
$1.07 hand-
$1.07 hand -
handling+
ling+
ling +
Relnl ncd
Rclui ncd
Returned
Postage
Postage
Postage
Lost Inter- Libiary Loan Fees
$6.16 hand-
$6.24 hand-
$6.24 hand-
ling + Cost
ling +Cost
ling+ Cost
of mates ial
of mates ial
of material
DAMAGED MATERIAL
FEES:
Book Bindery
$1235
$12.54
$12.54
Periodicals
$260
$264
$2.64
Pamphlets
$1.30
$1.31
$131
Plastic Cases for:
(Includes $1 00 handling)
Audio Cassette
$1.30
$1.31
$1.31
Video Casscues
$2.30
$2.33
$2.33
Books on Tape
$230
$233
$2.33
Compact Discs
$1 30
$131
$1.31
015'
L, 1. to� f41 /Z
ITEM
CURRENT
FINES
CPI (1.5%)
LIBRARY
BOARD
RECOM-
MENDS
OTHER CHARGES
Photo Copies*
$ 15 /copy
$ .15 /copy
$ .15 /copy
Public Fax Services''
0
0
$1.25 /pg.
Microform Copies
$ .10
$ .10
$ .10
Typewriter Rental*
$ 50 /20min.
same
same
Video Rental **
$1 Ea./
3 days
$t.02 Ea.
13 days
$1.02 Ea.
13 days
MEETING ROOM
Non - Profit Meetings
FREE
FREE
FREE
For- Piofit Meetings
$20 /hi
$20 30 /hi
$20.30 1hi
EQUIPMENT USE.
Kitchen
$25
Rclundablc
$25.38
Refundable
$25.38
Refundable
Podium
Included
InCludcd
included
Microphone
Included
Included
Included
Screen (POrtdblc)
$5
$5.08
$5.08
CD /Cassette Player
Ficc
Ficc
Ficc
Oveilicad Piojectoi
$5
$5.08
$5.08
Television
Ficc
F1 cc
Free
16num Sound /Film
Projector
$5
$5
$5
Slide Piolectoi
$5
$508
$508
Built -in Video
Pi olcetion System
$5
$508
$5 08
f"w
*These machines are leased. All revenue goes to the Leasing Firm in return I'or weekly
maintenance and supplies 15om Lessor.
"Video Rental Program Began Jan. 1989. Proceeds are used to purchase new videos for
the collection.
016
RESOLUTION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF
FEES TO PARTIALLY COVER, BUT NOT TO EXCEED, THE
COSTS OF PROVIDING VARIOUS LIBRARY SERVICES.
WHEREAS, City Council Resolution 3589, as amended on January 5, 1993
establishes that the cost for services of implementing and processing various Library
Services Department Programs, shall be recovered and the fees therefore shall be fixed
and established by City Council from time to time by Resolution, and
WHEREAS, the attached Schedule of Fees is recommended to the City Council
to cover the costs of said services by the Library Services Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Schedule of Fees, referred hereto as Exhibit "A" and by
reference made a part hereof, is hereby approved and adopted as the Schedule of Fees
for services of implementing and processing the various Library Services Department
Programs. The fees set for the in Exhibit "A" shall be adjusted on July 1st of each year
to reflect any increase in the most recent Consumer Price Index published by the United
States Bureau of Labor Statistics for the Los Angeles Basin /Long Beach Standard
Metropolitan Statistical Area for all Urban Consumers (1967 Base) over the prior years
Index.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
Resolution; shall enter the same in the book of original Resolutions of said City; and shall
make a minute of the passage and adoption thereof in the record of proceedings of the
City Council of said City, in the minutes of the meeting at which the same Is passed and
adopted.
ATTESTED:
Cindy Mortesen,
City Clerk
PASSED, APPROVED and ADOPTED on
(SEAL)
APPROVED AS TO FORM:
Leiand C. Dolley,
City Attorney
Carl Jacobson, Mayor
of the City of El Segundo,
California
L. I
1994
017
12-1 FEES RES
EL SEGUNDO CITY COUNCIL MEETING DATE: March 7, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE,
1994 EDITION, INCLUDING APPENDICES I -A, I -C, II -B, III -A, III -B, III -C, III -D, IV -A, V -A, VI -A, AND VI -B,
ADOPTING THE NATIONAL FIRE CODES, 1992 EDITION, VOLUMES 1 -11, REPEALING IN ITS ENTIRETY
CHAPTER 17 04 OF, AND ADDING CHAPTER 17.04 TO, THE EL SEGUNDO MUNICIPAL CODE, WHICH
CHAPTER RELATES TO THE FIRE CODE
1 First Reading and Introduction of Ordinance
2 Discussion
3. Set Public Hearing Date March 21, 1995
The Uniform Fire Code is promulgated and published by the Western Fire Chiefs Association, International Fire
Code Institute and the international Conference of Building Officials Adoption of the attached Ordinance would
update Chapter 17 04 of the El Segundo Municipal Code by allowing the City to adopt the latest edition of this
model code
The State of California mandates that the latest Uniform Model Codes, along with all local amendments, be
adopted by local agencies This Ordinance would adopt, by reference, the above listed code.
The public hearing will be held March 21, 1995 for adoption of the Ordinance. The notice of public hearing for
March 7, 1995 was published in error as a public hearing for that date
Draft, redlined version of Ordinance reflecting amendments
Final version of Proposed Ordinance
FISCAL IMPACT:
(Check one) Operating Budget:
Capital Improv. Budget:
Amount Requested:
-0-
Project/Account Budget
-0-
ProjectlAccourd Balance
-0-
Account Number.
-0-
Project Phase:
-0-
Appropriation Required - Yes_
No X
— 7 -95-
rm13 Fedid, Ditecloe6f Pfaifin!K and Building Safety
G Nielson, Fire Chief
3-/-9s-
W. Morrison, City Manager
u S
SECTION VII. 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 mnute of the passage and adoption thereof in the records of the
meeting at which the same is passed and adopted, and shall post or publish this
ordinance in accordance with law.
PASSED, APPROVED AND ADOPTED this day of March, 1995
ATTEST
City Gerk (seal)
APPROVED AS TO FORM.
City Attorney
boa n \adinandAreC.ode 395
DR4Fr - Rev 2/14195, 4pm 7
Carl Jacobson, Mayor
0 z5
ORDINANCE NO
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, INCLUDING
APPENDICES 1-A, I-C, II -B, III A, III -B, III-C, III -D, IV-A, VA VI -A, AND M-
B THEREOF, ADOPTING THE NATIONAL FIRE CODES, 1992 EDITION,
VOLUMES 1 -11, REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF,
AND ADDING CHAPTER 17.04 TO, THE EL SEGUNDO MUNICIPAL
CODE, WHICH CHAPTER RELATES TO THE FIRE CODE
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS
SECTION I. Chapter 17 04 of the El Segundo Municipal Code is repealed
in its entirety.
SECTION II. Chapter 17 04 is added to the El Segundo Municipal Code to
read as follows
CHAPTER 17 04
FIRE CODE
1704 010 ADOPTION OF UNIFORM FIRE CODE The Uniform Fire Code,
1994 Edition, including Appendices I -A, I-C, II -B, III -A, III -B, III-C, III -D, IV-A, V -A, VI -A,
and VI -B, promulgated and published by the International Fire Code Institute, Western
Fire Chiefs Association, and the International Conference of Building Officials, a copy of
Mich has been filed in the Office of the City Cleric, is hereby adopted with the same force
and effect as though set out herein in full.
1704. 020. AMENDMENTS AND ADDITIONS TO THE CODE The Uniform Fire
Code, 1994 Edition, and the Appendices portion thereof, is amended by changing, adding
or deleting the articles, sections and portions of sections designated in Sections 17 04 030
through 17 04.210 hereof
17 04 030 Section 103.1.4 Appeals. Section 10314 is amended by adding to and
deleting portion thereof, to read as follows.
103.1.4 Appeals. To determne the suitability of alternate materials and methods
of construction and to provide for reasonable interpretations of the provisions of this code,
there shall be and hereby is created a board of appeals consisting of five members
composed of the Mayor and the other members of the City Council Said members shall
hold their respective memberships on said board of appeals by reason of, and
concurrently with their terms of service as Council members and shall cease to be such
members upon their ceasing to be such Council members The Fire Chief shall be
Secretary to the Board The board may adopt reasonable rules and regulations for
conducting its investigations and shall render all its decisions and findings on contested
matters in writing to the Fire Chief, with duplicate copy thereof to any appellant or
contestant affected by such decision or finding, and may recommend to the City Council
such new legislation, if any, as is consistent therewith.
Three members of the board shall constitute a quorum The Mayor shall be the
presiding officer of the board and in his absence the board shall select a temporary
chairman Notices of meetings of the board shall be given by at least 72 hours notice,
delivered to each member personally or by registered mail, provided, however, that any
meeting of the board shall be legal for the purpose if the written consent of all of the
members of the board to such meeting is executed and filed in the records of the board
026
The board shall have the right, subject to such limits as the City Council may
prescnbe by resolution, to employ at the cost and expense of the City such qualified
individuals as the board, in its direction, may deem reasonably necessary in order to
assist in its investigations and in making its final decisions
17 04 040 Section 103.4 Enforoernent. Section 103 4 is amended by adding
subsection 103 4 7, to read as follows:
103.4.7 Any person who personally, or through another, wilfully, negligently, or
in violation of law, sets a fire, allows a fire to be set, or allows a fire kindled or attended
by him to escape from his control, allows any hazardous material to be handled, stored
or transported in a manner not in accordance with this Code or nationally recognized
Standards, allows any hazardous material to escape from his control, neglects to properly
comply with any written notice of the Chief, or willfully or negligently allows the
continuation of a violation of this Code and amendments thereto, is liable for the expense
of fighting the fire or for the expenses incurred during a hazardous materials incident, and
such expense shall be a charge against that person.
1704 050 Section 104.2. Investilgatiors. Section 104.2 is amended to read as
follows
104.2 Irrvesdgadon& The fire Department is authorized to investigate promptly the
cause, ongin and circumstances of each and every fire occurring in the jurisdiction
involving loss of life or injury to person or destruction or damage to property and, if it
appears to the bureau of investigation that such fire is of suspicious origin, they are
authorized to take inrriediate charge of all physical evidence relating to the cause of the
fire and are authorized to pursue the investigation to its conclusion
The chief is authorized to investigate the cause, origin and circumstances of
unauthorized release of hazardous materials When there is a hazardous materials
incident or other potential life or serious property threatening situation, the Chief, as he
or she deems necessary, shall investigate, request assistance from other public agencies,
request reports from qualified investigators from the industry involved or require the owner
or operator to hire a private fire protection or hazardous materials investigator, at the
expense of the owner or operator, to provide a full report of the incident, including but not
limited to such items as cause, origin, circumstances and/or proposed solution to the
problem
The police department is authorized to assist the fire department in its
investigations when requested to do so
17 04.060 Article 2 - Definitions and Abbrevilations. Section 209-H. Section 209-
1 of Article 2 is amended by adding a new definition, to read as follows
HIGH RISE STRUCTURE means every building of any type of construction or
occupancy with floors used for human occupancy located more than 55 feet above the
lowest level having Fire Department access, except buildings used as hospitals as defined
in Section 1250 of the California Health and Safety Code.
17 04 070 Section 901.4.2. Fire Apparatus Access Road Section 9014.2 is
amended by adding subsection 9014 21 thereto, to read as follows
901.4.2.1 It shall be unlawful for any person to park, stand or stop any vehicle or
to permit any obstruction of any kind or nature in the required access roadways The
property owner or lessee of said property shall paint the curbs red and post "FIRE LANE
- NO STOPPING AT ANY TIME - ESMC SEC 17.04," indicating that "stopping of vehicles
is prohibited" and that at the direction of the Police Chief they will be towed away at the
owner's expense
... _
n'7
17 04.080 Section 901.4.4 Premises Iderrfificatim Section 9014 4 is amended
by adding subsections 9014 41 and 901.4.4 2, to read as follows
901.4.4.1 Premises identification shall be in accordance with the U B C
Residential budding numbers shall be no less than 4 inches in height with no less than
3/8 inch stroke Commercial and industrial budding numbers shall be no less than 6
inches in height, 314 inch stroke within 100 feet of the street, 8 inches in height wth a 1
inch stroke if over 100 feet
901.4.4.2. Buildings set back over 100 feet from the street shall have their
addresses posted at the street with an arrow indicating access as well as the address
posted on or next to the budding. Large buildings and complexes require a directory map
at a location determined by the Chief Plans for such shall be approved by the fire
department prior to installation
17 04 090 Secfion 903.4.2 Required Installations. Section 903 4 2 is amended
to read as follows
903.4.2 Required installatiorm The location, number and type of fire hydrants
connected to a water supply capable of delivering the required fire flow shall be provided
on the public street or on the site of the premises or both to be protected as required and
approved by the chief. See Appendix I I I -B
No more than one on -site fire hydrant shall be installed on a dead end main
Where fire sprinklers are not otherwise required, the Fire Chief may accept or require fire
sprinkler protection in lieu of the above on -site hydrants and mains.
Fire hydrants shall be accessible to the fire department apparatus by roads
meeting the requirements of Section 902.2
17 04100 Section 1003.3.2. Alarms. Section 1003.3.2. is amended by adding
a portion thereto, to read as follows
1003.3.2. Alarms. An approved audible spnnkler flow alarm shall be provided on
the exterior of the budding in an approved location An approved audible sprinkler flow
alarm to alert the occupants shall be provided in the interior of the building in a normally
occupied location If the building is equipped with an evacuation alarm system a water
flow alarm shall activate the evacuation signal. Actuation of the alarm shall be as set
forth in the Budding Code (See UBC Standard 9-1)
17 04110 Article 11 - GENERAL SAFETY PRECAMONS. Section 1101 -
GENERAL Section 1101 of Article 11 is amended by adding subsection 1101.4, to read
as follows-
1101.4. Fire Safety Officers. When, in the opinion of the Fire Chief, it is necessary
for the preservation of life or property, due to the hazardous nature of an event,
production, operation or function, the Fire Chief shall require the owner, agent, or lessee
to employ or cause the employment of one or more fire safety officers, to be on duty at
such place during the hazardous activity See also Section 2501 19.
17 04120 Section 1302.2 Reporting of Emergencies. Section 1302 2 is
amended, to read as follows
1302.2 Reporting Emergencies In the event a fire occurs or the discovery of a
fire, smoke or unauthorized release of flammable or hazardous materials on any property
occurs, the owner or occupant shall immediately report such condition to the Ell Segundo
Fire Department
028
17 04130 Artide 77 - EXPLOSIVE MATERIALS. Subsection 7701.7.2 UrriLs
established by law. Subsection 7701.7 2 is hereby amended, to read as follows-
7701.7.2 L kTft established by law. Storage of explosive materials is prohibited
within the limits established by law as the limits of districts in which such storage is
prohibited (see sample adoption ordinance, Section 6)
The limits of districts referred to above, are hereby established as follows. In all
land use zones within the City as described in Title 20 (The Zoning Code) of the "El
Segundo Municipal Code" except by special perrnit granted by the Fire Chief
17 04140 Artide 79 - FLAMMABLE AND COMBUSTIBLE UQUIDS. Subsection
7902.2.2.1 Locations where aboveground tanks are prohibited. Subsection 7902 2 21
is hereby amended, to read as follows
7902.2.2.1 Locations wtvre aboveground tarns are prohibited. Storage of Class
I and II liquids in aboveground tanks outside of buildings is prohibited within the limits
established by law as the limits of districts in which such storage is prohibited (See
sample adoption ordinance, Section 4)
The limits of districts referred to above, are hereby established as follows- In all
land use zones as described in Title 20 (The Zoning Code) of the "El Segundo Municipal
Code" except M-2 zoned areas
Exception The Fire Chief may approve storage in M-1 zoned areas
The limits of districts within the City in which new bulk plants for flammable or
combustible liquids are prohibited, are hereby established as follows All of the City
17 04150 Artide 82 - LIQUIFIED PETROLEUM GASES. Subsection 8204.2
Maxiimu n Capacity vAiin Established Unts. Subsection 8204.2 is hereby amended, to
read as follows
Section 8204.2 Maxrrun Capacity WUn Established Lints. Within the limits
established by law restricting the storage of LP-gas for the protection of heavily populated
or congested commercial areas, the aggregate capacity of any one installation shall not
exceed a 2,000 - gallon (7571 L) water capacity (see sample adoption ordinance, Section
5)
The limits of districts referred to above, are hereby established as follows- In all
land use zones within the City as described in Title 20 (The Zoning Code) of the "El
Segundo Municipal Code" except M-2 zone areas
17 04160 Section 8001.3 Pemils. Subsection 8001.3.2 Hazardous materials
management plarL Subsection 8001.3.3 Hazardous materials inventory statement
Subsections 8001.3 2 and 8001.3 3 are amended, and subsection 80013 4 is added, to
read as follows
8001.3.2 Hazardous Materials Management Plan. When required by the Fire
Chief, each application for a permit shall include all EI Segundo Fire Department forms
for a Hazardous Materials Management Plan (HMMP). The location of the HMMP shall
be posted adjacent to permits when an HMMP is provided The HMMP shall include a
facility site plan designating the follamng-
029
1 Storage and use areas
2 Maximum amount of each material stored or used in each area,
3 Range of container sizes,
4 Locations of emergency isolation and mitigation valves and devices,
5 Product conveying piping containing liquids or gases, other than utility-
owned fuel gas lines and low- pressure fuel gas lines, and
6 On and off positions of valves for valves which are of the self - indicating
type
The plans shall be legible and approximately to scale Separate distribution
systems are allowed to be shown on separate pages.
8001.3.3 Hazardous Materials Iroientory Statement When required by the Fire
Chief, each application for a permit shall include all Et Segundo Fire Department forms
for a Hazardous Materials Inventory Statement (HMIS).
8001.3.4 Emergency Information Hazardous Materials Business Plans, Risk
Management and Prevention Program (when required) and Inventory statements shall be
provided in an approved location and immediately available to emergency responders
The Fire Chief may require the information be placed near or at the entrance to the
occupancy of property
17 04170 Section 8003.1.5 Maxirnm quantity on site. Section 8003.15 is
amended to read as follows
8003.1.5 Maximum quantity on side. The storage of hazardous materials shall be
in accordance with local zoning regulations.
Tank vehicles and railroad tank cars shall not be used as storage tanks Loading
and unloading operations shall be in accordance with 7904 5, unless specifically
exempted by the Fire Chief
17 04180 Section 9001.3 Recognized Standards Section 90013 is amended
to read as follows*
9001.3 Recognized Standards. The standards listed in Section 9003 are
recognized standards Compliance with these recognized standards shall be prima facie
evidence of compliance with the standard of duty set forth in Section 90012
Whenever portions of this Code are not applicable for any reason or to any
situation involving the protection of persons and property from hazardous material, fire or
explosions, (as determned by the Fire Chief) the materials, methods of construction,
installations, practices, or operations necessary to provide such protection shall, to a
reasonable degree, be in accordance with nationally recognized and accepted standards,
principles and tests and generally recognized and well established methods of fire
protection and control, as set forth in the National Fire Codes and the following
Standards
The National Fire Codes, 1992 Edition, Volumes 1 through 11, published by the
National Fire Protection Association, a national authority and technical and scientific
organization, are adopted by reference as part of this Code and may be applied with the
same force and effect as though set out herein in full Where conflict exists between the
Uniform Fire Code, Uniform Building Code, Uniform Fire Code Standards or Uniform
Building Code Standards and the National Fire Codes, the applicable Uniform Code
section will take precedence over the National Fire Codes. In no case shall a less
restrictive requirement of the National Fire Codes apply if there is a specific requirement
in a Uniform Code or Codes
ioa n \ordina xc RreCode 95
Adopted 321/95 5
p30
17 04190 Appendix III -C. Section 1.2 - Testing Persomel. Section 12 of
Appendix 111-0 is amended by adding and deleting certain portion thereof, and by adding
subsection 12 1, to read as follows
1 2 Testing Persomel. The tests established by Appendix 111-0 shall be conducted
by a qualified person who has been licensed by the California State Fire Marshall, to
perforrn the full testing procedure for the particular system or device being tested
1.2.1 The Fire Chief may waive or modify test procedures described herein when
there are conflicts with the requirements of Title 19, Subchapter 5 of the California Code
of Regulations
17 04 200 AppenckK IV -B - CHRISTMAS TREES. Sexton 4 - Tags Section 4 is
amended to read as follows
Section 4 - TAGS.
Trees shall bear a tag complying with the California State Fire Marshall
requirements, and stating date of placement in the public budding, type of flame- retardant
treatment used, name of the person who applied the flame retardant and the name of the
person affixing the tag
SECTION III. Section 17.04.210 is added to Chapter 17 04 of the Ell
Segundo Municipal Code to read as follows
17 04 210 Penalties,
Any person who violates any of the provisions of this Code hereby adopted or fads
to comply therewith, or who violates or fads to comply with any order made thereunder,
or who builds in violation of any detailed statement of specifications or plans submitted
and approved thereunder, or any certificate or permit issued thereunder, and from which
no appeal has been taken, or who fads to comply with such an order as affirmed or
modified by the City Council or by a court of competent jurisdiction, within the time fixed
herein, shall for each and every violation and noncompliance respectively, be guilty of a
misdemeanor
The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and the person or persons responsible shall be required to correct
or remedy the violation or defects within a reasonable time; and when not otherwise
specified, each and every day that prohibited conditions are maintained shall constitute
a separate offense
The application of the above penalty shall not be held to prevent the enforced
removal or abatement of prohibited conditions
SECTION IV. All changes and modifications in the Uniform Fire Code, 1994
Edition, as amended by this ordinance, are reasonably necessary because of local
conditions This finding is made pursuant to Section 17958.5 of the Health and Safety
Code of the State of California
SECTION V. The City Council of the City of El Segundo hereby declares
that should any section, paragraph, sentence, phrase or word of this ordinance be
declared invalid, all other portions of this ordinance independent of the elimination
herefrom shall remain in full effect
SECTION M. This ordinance shall become effective at midnight on the
thirtieth day from and after the date of the final passage and adoption thereof
p31
SECTION VII. The City Cleric shall certrfy 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 rrrnute of the passage and adoption thereof in the records of the
meeting at which the same is passed and adopted, and shall post or publish this
ordinance in accordance \nth law
PASSED, APPROVED AND ADOPTED this
ATTEST
City Clerk (seal)
APPROVED AS TO FORM.
Attorney
day of March, 1995
Carl Jacobson, Mayor
1oa n \ordlnarrc FireCode s
Adopted 3/21/95 7
03
TO THE EL SEGMM CITY COUNCIL MEETING DATE: March 7, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES
-------------------------------------------------------------------
-------------------------------------------------------------------
Agenda Description: Notice of vacancies on the following
Commissions /Committees /Boards: Economic Development Advisory Council;
Investment Advisory Committee; Library Board of Trustees; Metropolitan
Cooperative Library Systems Advisory Board; Planning Commission;
Recreation & Parks Commission; Senior Citizen Housing Corporation
Board; and the Wall of Honor Committee.
Reccaaoended Council Action: Direct staff to initiate the recruitment
process to fill the various vacancies pursuant to established
procedures for Commissions /Committees /Boards.
-------------------------------------------------------------------
-------------------------------------------------------------------
Brief Summary: The following table reflects the positions on the
various commissions /committees /boards which will expire within the
next few months, as well as positions which are currently vacant due
to resignations.
Further, the recruitment for the vacancy on the Wall of Honor
Committee has been in place for the past three months. No
applications have been filed.
COMMISSIONS /COMMITTEES /BOARDS
# OF
VACANCIES
TERM
EXPIRES
Economic Development Advisory Council
one(1R)*
none
Investment Advisory Committee
one
6/30/95
Library Board of Trustees
two
6/30/95
Metropolitan Cooperative Library Systems
Advisory Board
two
(delegate and
alternate
6/30/95
Planning Commission
one
6/30/95
Recreation & Parks Commission
one
5/30/95
Senior Citizen Housing Corporation Board
two
one(1R)*
6/30/95
6/30/97
Wall of Honor Committee
two(1R)*
7/30/95
NOTE: ( *) R= position vacated due to
resignation
Notice of Vacancies and application corms wiii be made avaiiabie in
the Administration Offices, the office of the City Clerk, the El
Segundo Library, Chamber of Commerce Office, as well as the Joslyn
Center.
The notices of vacancies for these positions will be posted and
advertised in the E1 Segundo Herald and on Community Cable T.V., with
an almost two month filing deadline, expiring April 28, 1995.
-------------------------------------------------------------------
-------------------------------------------------------------------
Attached Supporting Documents And Who Prepared There:
Listing of Commissions /Committees /Boards
-------------------------------------------------------------------
-------------------------------------------------------------------
Fiscal Impact: N/A
-------------------
-------------------
Originator:
O. Abreu, Council Assistant
W. Morrison, City Manager
Action Taken:
Date: February 27, 1995
3 -/ -?<
03?
CITY OF EL SEGUNDO
LISTING OF COMMISSIONS, COMMITTEES, AND BOARDS
CAPITAL IMPROVEMENT PROGRAM COMMITTEE: (Four Year Term)
1. Richard S. Fearn, Chairman - TERM 12/01/91 - 111/30/96
3 A J Paz (,..pptd &2993 a now 4 -y.., I..) - TERM: 12/01/93- 11/30/97
5 Eugene J. Gillingham (appfd 912293 to complete open farm) - TERM 12/01/94 - 11
Council Delegate: Councilman Robbins
Council Altemate: Councilman Switz
COMMUNITY CABLE ADVISORY COMMITTEE:( Four Year Term)(New committee Apptd 11/14/94-Staggered Terms)
1
David W. Reeves
- TERM EXPIRES
10/31/98
2
Patricia Ann Hart
- TERM EXPIRES
10/31/96
3
Jeanne M. Yeagley
- TERM EXPIRES:
10/31/97
4.
Marc F Rener
- TERM EXPIRES,
10/31/97
Council Delegate: Mayor Jacobson
Council Alternate: Mayor Pro Tern Weston
ECONOMIC DEVELOPMENT ADVISORY COUNCIL: (No Term Expiration Date)
1 Karen Ackland, Chairwoman - Commercial Brokers Representative
2 David J Gaulton, Vice- Chairman - Commercial Property Owners Representative
3. Sandy Jacobs - Chamber of Commerce Representative
5 Willard Krick - Residents Representative
6 Richard C. Lundquist - Commercial Property Owners Representative
7 Brian Polkinghorne - Commercial Brokers Representative
8 Robert Slusser - Large Business Representative
9 Richard Wiley - Small Business Representative
Ex- Officio: Mayor Jacobson
Ex- Officio: Mayor ProTem Weston
Ex- Officio: James Morrison
2 Kelly McDowell
3 City Treasurer Susan Schofield
4 Finance Director Steve Klotzsche
2 Ray Miller, Vice - President
3 Sandy Jacobs
4 Terry Ceretto
1 -Year Term /One 3 -Year
- TERM: 9/01/93 - 8/30/97
- TERM of Office
- TERM of Office
- TERM 7/01/94 - 6/30/97
- TERM 7/01/93 - 6/30/96
- TERM: 7/01/93 - 6/30/96
NOISE ABATEMENT COMMITTEE: (Volunteers - No Term Expiration Date)
1 Stu Aplin - NO TERM EXPIRATION
2 Leonard Bonilla - " "
3. Liz Garnholz
4 Don Koons
5 Eugene Canzano
6. Steve Storm
7 Jack Trystman
Council Delegate: Councilman Switz
Council Altemate: Councilwoman Fnedkin
1 Revised 2 -27 -95
erms)
034
PLANNING COMMISSION: (Four Year Terms)
1 Gordon Leon, Chairman
2 Brian Crowley, Vice - Chairman
3 Sean Mahon, Commissioner
4 Robert Yeagley, Commissioner
- TERM
07/01/92 - 6/30/96
- TERM:
07/01/93 - 6/30/97
- TERM
07/01/92 - 6/30/96
- TERM.
07/01/94 - 6/30/98
RECREATION & PARKS COMMISSION: (Four Year Terms)
1 William McCaverty, Chairman - TERM 6/01/92 - 5/30/96
2. Israel Mora, Vice - Chairman - TERM 6/01/93 - 5/30/97
3 Debbie Bundy, Commissioner - TERM 6/01/93 - 5/30/97
5 Terry Ceretto, Commissioner - TERM: 7/01/94 - 5/30/98
3 Don Hill, Chief Financial Officer - TERM: 7/01/92 - 6130/96
4 Marilyn Thomas, Secretary - TERM; 7/01/94 - 6/30/98
5 Edna Freeman - TERM 7/01/93 - 6/30/97
6. Kathy Urban - TERM 7/01/92 - 6/30/96
Council Delegate: Councilwoman Fnedkm
Council Alternate: Councilman Switz
WALL OF HONOR COMMITTEE: (Four Year Terms)
1 E Jane Conley, Chairwoman - TERM 8/01/94 - 7/30/98
2 John Peterson, Vice - Chairman - TERM 8/01/92 - 7/30/96
4 Lora Freeman - TERM: 8/01/93 - 7/30/97
Council Delegate: Councilman Robbins
Council Alternate: Mayor Pro Tern Weston
2 Revised 2 -27 -95 1 035
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DRAFT
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE
EL SEGUNDO CITY COUNCIL
January 17, 1995 - 5:00 P.M.
CALLED TO ORDER by Mayor Jacobson at 5 00 p in
PLEDGE OF ALLEGIANCE led by- Mayor Pro Tern Liam Weston
ROLL CALL
Mayor Jacobson -
Present
Mayor ProTem Weston -
Present
Councilman Switz -
Present
Councilman Robbins -
Present
Councilwoman Fnedkm -
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person,
30 minute limit total) - NONE
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Sec 54950, et sM.) for the purposes of conferring with the
City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or
existing litigation, and/or discussing matters covered under Gov't Code section 54957
(Personnel), and/or conferring with the City's Labor Negotiators as follows
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8)
None
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section
54956 9(a))
1 City of Los Angeles v City of El Segundo, Case No BC 034185
2 LAX State Variance proceedings
3 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865
4 El Segundo v Salvatore John Rocco, Jr, d/b /a Bitch Skateboards, Case No YC 19864
5 Summerfield tax litigation, Case No BC 106640
6 OMA v City of El Segundo, Case No BX 026465
7 Chaffin v City of El Segundo, USDC Case CV 94 -4444 AUT (BQRX)
8 Barrier v City of El Segundo, Case No YCO 19914
9 Marion v City of El Segundo, Case No BC 049301
10 Allison v City of El Segundo, Case No YCO21971
11 Harrison v City of El Segundo, Case No CV -94 -8264 DT(BQRx)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 11 potential cases (no
further public statement is required at this time), Initiation of litigation pursuant to Gov't Code
Section 54956 9(c) 4 matters
OF PERSONNEL MATTERS (Gov't Code Section 54957) - None
WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6)
None
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT at 6 55 p in
Lora Freeman, Deputy City Clerk
,1 ''
DRAFT
MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
JANUARY 17, 1995 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobson at 7 00 p m
INVOCATION given by Reverend John Svendsen, First Baptist Church.
PLEDGE OF ALLEGIANCE Presentation of Colors were performed by the Girl Scout Troop No.
5, and Councilman Switz led the Pledge of Allegiance
ROLL CALL
Mayor Jacobson
Mayor ProTem Weston
Councilman Switz
Councilman Robbins
Councilwoman Fnedkin
PRESENTATIONS
- Present
- Present
- Present
- Present
- Present
1 Presentation of Certificates of Appreciation to Residents and Girl Scout Troop No 5 for
"Lighting Up The Community," annual holiday home decorations program
Mayor Jacobson presented Certificate of Appreciation to residents and Girl Scout Troop
No 5
2 Introduction of new employees Thomas Dunham, Budding Systems Mechanic; Jaime
Bermudez, Police Officer, Stephen Leigh, Police Officer, Donald Weller, Police Officer
Ed Schroder, Director of Public Works, and Chief Grimmond Introduced new employees.
PUBLIC COMMUNICATIONS -(Related to City Business Only -5 minute limit per person, 30
minute limit total) - One individual addressed the City Council
Nancy Cobb, President of the Chamber of Commerce presented the new banners stating that
there were 32 pairs to be hung on Sepulveda Boulevard by January 19 or 20 should there not
be anymore storms.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda
by title only
MOVED by Councilman Robbins, SECONDED by Councilwoman Fnedkin to
approve. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
B. SPECIAL ORDERS OF BUSINESS
1. Public Meeting - Consideration of a Resolution to increase fines and fees for
services at the El Segundo Public Library. Fiscal Impact Estimated increase in
revenue of $7,000
Public Meeting held over to February 7, 1995.
2 Public Hearing to amend the City of El Segundo's 1994 -1995 Community
Development Block Grant (CDBG) Program It is recommended that the CDBG
project entitled, "Single Elderly Counseling" (D94654) be cancelled, and all
unexpended funds ($10,000) from that project be transferred to the CDBG project
entitled, "Senior In -Home Care" (D94657) Proposed new budget for Senior In-
Home Care $37,400 of CDBG funds
Mayor Jacobson stated this was the time and place hereto fixed for a public
hearing to amend the City of El Segundo's 1994 -1995 Community Development
Block Grant Program It is recommended that the CDBG project entitled, "Single
Elderly Counseling" be cancelled, and all unexpended funds from that project be
1 City Council Meeting
January 17, 1995 - 7 00 p m
039
DRAFT
transferred to the CDBG project entitled, "Senior In -Home Care" Proposed new
budget for Senior In -Home Care $37,400 of CDBG funds, and asked if proper
notice of the hearing was done in a proper and timely manner, and if any written
communication had been received regarding this public hearing Deputy City Clerk
Freeman responded the public hearing notice was done by Planning & Budding
Safety Department, and no written communications had been received
Mayor Jacobson opened the public hearing for comments
Hyrum Fedle, Director of Planning & Budding SafetyriffirAWWWWWA,
No one wished to address the item.
MOVED by Councilman Switz, SECONDED by Councilman Robbins to close the
public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
Councilman Switz questioned what the procedure was for choosing those
individuals who would get in -home care, Director Fed1e responded those who
request services are interviewed and if home - bound, senior, or handicap they are
eligible. The decision is made by him based on guidelines provided by the CDC
MOVED by Councilman Switz; SECONDED by Councilwoman Fnedkm to 1)
approve cancellation of the CDBG project Single Elderly Counseling, 2) approve
the transfer of $10,000 in CDBG funds from the cancelled Single Elderly
Counseling Project to the Senior In -Home Care Project, 3) Authorize the Director
of Planning and Budding Safety to execute an agreement with the Community
Development Commission (CDC) MOTION PASSED BY UNANIMOUS VOICE
VOTE 510.
C. UNFINISHED BUSINESS
Reconsideration of Examen contract requested by Councilman Robbins
Councilman Robbins stated he did have a concern with wording in the contract but
the City Manager had resolved that by making changes to the contract which were
distributed to Councdmembers, and were available for the public to review.
City Manager Morrison stated this was a statement of work which was consistent
with the proposal Examen submitted to the City, but there were some provisions
in this contract that are contrary to the one Examen submitted. Should they not
be acceptable to Examen, it would then come back before the City Council.
MOVED by Councilman Robbins, SECONDED by Mayor ProTem Weston to
authorize the Mayor to execute the revised Contract Number 2380 Should the
contract not be acceptable to Examen, it will come back before the City Council
MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 - AYES: Mayor
Jacobson, Mayor ProTem Weston, Councilman Robbins and Councilwoman
Friedkin. NOES: None. ABSTENTIONS: Councilman Switz.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
Establish a date and time for a Joint Meeting with the Planning Commission
City Council consensus to schedule the Joint Planning Commission meeting for
February 16, 1995 at 7 :00 p.m. in the Public Library Matsui Room.
2 Request City Council to schedule interviews for applicants to (1) Capital
Improvement Program Advisory Committee, (2) Senior Housing Corporation Board
of Directors, and extend the recruitment deadline for applicants to the Wall of
Honor Committee
City Council consensus to schedule Interviews for the Capital Improvement
Program Advisory Committee and Senior Housing Board for January 30, 1995 at
7:00 p.m. in the West Conference Room, and to extend the Wall of Honor deadline
and readvertise for applicants.
2 City Council Meeting 040
January 17, 1995 - 7 00 p m.
DRAFT
3. South Bay City's Association
Mayor ProTem Weston stated as a delegate to the SBCA which represents all of
the South Bay Cities, he wanted to encourage the Council to read and comment
on SBCAs presentation on alternative fuels sent to all council's in the South Bay
Also stating that Councilwoman Fnedkin had been nominated as one of the two
candidates for representative to the SCAG Board, and each councilmember has
a vote which gives the city an opportunity to put a representative on SCAG
Councilman Robbins questioned whether it would be a "
sanflis4 of interest should three or more councilmembers attend the meetma, Ci
Attorney Cremms responded there would not be any
600110 Of mAt@F@s because they would be acting as individuals when attending the
meeting, and as long as they do not discuss it among themselves, then the course
of action would be no violation of the Brown Act
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously
If a call for discussion of an item is made, the item(s) will be considered individually under the
next heading of business
1 Warrant Numbers 216060- 216208 on Demand Register Summary Number 24 in total
amount of $484,338.59
Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements;
emergency disbursements and/or adjustments.
2 Warrant Numbers 216209 - 216459 on Demand Register Summary Number 25 in total
amount of $655,482 29
Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements;
emergency disbursements and/or adjustments.
3 Warrant Numbers 216460- 216569 on Demand Register Summary Number 26 in total
amount of $89,186 96
Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements;
emergency disbursements and/or adjustments.
4 Warrant Numbers 216570- 216694 on Demand Register Summary Number 27 in total
amount of $668,398 90 and Wire Transfers in the amount of $1,040,205 95
Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements;
emergency disbursements and/or adjustments; and wire transfers from 12109/94 to
01/05/95.
5 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS.
6 CALLED FOR DISCUSSION BY COUNCILMAN SWITZ.
7 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
8 Proposed Finance Department reorganization abolishing the two position job classification
of Financial Services Manager and establishing the single position job classifications of
Assistant Finance Director and Accountant Fiscal Impact, Reorganization results in a
cost savings of $16,000 - $20,000 on an annual basis
1) Approved the proposed reorganization, class specifications and salary ranges; 2)
Adopted Resolution Number 3904 to establish a salary range for the job classification of
Assistant Finance Director, and 3905 to establish a salary range for the job classification
of Accountant; and 3) Authorize the Human Resources Department to initiate the
respective recruitment, testing and selection processes.
9 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS.
10 Discussion regarding hiring Telecommunication Management Corporation to conduct an
audit of Paragon Cable to determine accuracy of Franchise Fees paid to the City of El
Segundo Fiscal impact. $2,200 (item to be included in account #2501 -6214, Finance -
Professional/Technical services)
Approved hiring Telecommunication Management Corporation to audit Paragon Cable.
3 City Council Meeting
January 17, 1995 - 7.00 p m 041
DRAFT
11 Water Sealing of Maintenance Facility Project No PW94 -8 (Final contract amount -
$25,000 00).
Accepted work as complete, and authorized City Clerk to file the City Engineer's Notice
of Completion with the Los Angeles County Recorder's Office.
12 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
MOVED by Councilman Switz, SECONDED by Councilman Robbins to approve Consent Agenda
Item Numbers 1,2,3,4,8,9,10 and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
CALLED ITEMS FROM CONSENT AGENDA
5 City Council meeting minutes of December 20, 1994.
Councilman Robbins requested correction be made to Page 3 of the 7 00 p.m. minutes
to the motion for Item Number 5 which should state "to discuss and take possible action
on the two items requested"
MOVED by Councilman Robbins, SECONDED by Councilman Switz to approve the
December 20, 1994 City Council minutes with the correction to Page 3 of the 7.00 p m
minutes under Item Number 5 which should state "to discuss and take possible action on
the two items requested ". MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
6 Report of acceptance by the El Segundo Unified School District of an Amendment to the
Restated Joint Use Agreement, dated November 15, 1994
Councilman Switz stated he was not in favor of the amendment to the joint use agreement
because he wanted to complete the contract within five years not seven, and felt strongly
that future Council's should not be committed to a business agreement such as this
current one with the School District.
MOVED Councilman Robbins, SECONDED by Councilwoman Fnedkin to approve
agreement made between the City and School District. MOTION PASSED BY THE
FOLLOWING VOICE VOTE 4/1 - AYES: Mayor Jacobson, Mayor ProTem Weston,
Councilman Robbins and Councilwoman Friedkin. NOES: Councilman Switz.
7 Modification of dates in Lease, dated September 20, 1994, of City owned parcel at
El Segundo Boulevard and Sepulveda for parking purposes.
Councilman Robbins questioned City Attorney Cremins whether he had a conflict of
interest, City Attorney Cremins responded there was none because there would be
minimal to no financial impact on ol" employer by this lease
MOVED by Councilman Robbins, SECONDED by Councilwoman Fnedkin to approve
amendment to Contract Number 2363, and to authorize the Mayor to execute same on
behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
9 Donation of $2,500 from the Chevron Companies, Chevron USA, Inc, donation of $400
from Continental Development Corporation and donation of $300 from Northrop Grumman
Aircraft for refurbishment of the Teen Center
Councilman Robbins gave recognition to those companies and members of the Recreation
and Parks Commission who hailed to solicit those donations.
Mayor Jacobson concurred stating that the City would definitely be sending letters, and
they had already done a lot on the teen center and it looked great
MOVED by Councilman Robbins; SECONDED by Councilwoman Fnedkin to accept
donations. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
12 1) Adopt Plans and Specifications No PW 94-13 for Maple Avenue Street
Improvements west of Hillcrest Street (estimated cost - $17,000 00).
2) Authorize Staff to advertise for bids
City Manager Morrison did not participate on this item due to possible conflict of interest
4 City Council Meeting
January 17, 1995 - 7 00 p in 042
DRAFT
Councilman Robbins stated considering the recent storms the City has had significant
dollar amounts of damage which would require funding He questioned whether the City
wanted to repnontize or move forward with this item, Councilwoman Fnedkin stated she
had phone calls regarding this item from people who felt the cost was high and wondered
why staff could not do this at a later date at a lesser cost.
Ed Schroder, Director of Public Works, stated this was being funded through gas tax
which could only be spent on work within the public right -of -way so the improvement in
the streets comes out of a fund that is set aside for these types of improvements as
opposed to general fund expenditures which compete with other expenditures through the
City
MOVED by Councilman Switz, SECONDED by Councilman Robbins to adopt Plans and
Specifications, and to authorize staff to advertise for bids MOTION PASSED BY
UNANIMOUS VOICE VOTE 510.
NEW BUSINESS - CITY MANAGER
Extension of Douglas Street between Park Place and Alaska Avenue
Mayor Jacobson and Councilman Robbins did not participate on this item due to
potential conflict of interest.
Bellur Devaral, City Engineer, presented a overview of the project with the City's
options. Discussion followed
Mayor ProTem Weston and Councilwoman Fnedkin stated a desire to take no
action at this time which would give them the opportunity to review the options and
tour the area; Councilman Switz had no problem with deferring the item for two
weeks
Council consensus to take no action and defer the item until February 7, 1995.
(Mayor Jacobson and Councilman Robbins did not participate on this item)
Report on the impact of recent storms in the City of El Segundo.
Councilman Switz questioned whether he had a conflict of interest, City Attorney
Cremins responded this was an issue which fell into the public generally exception
because the pervasiveness of the effect on residents in the City and therefore his
participation was not a conflict of interest.
Public Works Director Schroder presented an update report on the impact of the
recent storms, and stated staff was requesting a $300,000 appropriation to the
supplemental storm drain budget
City Attorney Cremins stated this was an item on information on the event that
occurred, and because of potential claims against the City related to this, he felt
they should lust keep on providing information on what the circumstances were
Discussion followed.
Staff to prepare a plan for future unexpected events, and the Capital Improvement
Program Advisory Committee to look at the problem flooding areas
MOVED by Councilwoman Fnedkin, SECONDED by Councilman Robbins to
appropriate $300,000 from unappropriated funds to the Supplemental Storm Drain
budget MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
RECESS at 9.05 p m
RECONVENED at 9.15 p.m.
ROLL CALL All Councilmembers present.
Mayor Jacobson asked individuals who had wanted to address the item discussed
prior to the recess to come to the podium to speak
Business Owner's Franklin /Sierra: and Mike Levine 141 Sierra had concerns with
flood and storm drains, and asked what was being done regarding the situation
City Council Meeting
January 17, 1995 - 7 00 p m 043
DRAFT
City Manager Morrison responded there was presently $4.5 million dollars of City
funds budgeted for this, and the City was currently under negotiations with LA
County Flood Control District to have them take over the design and constructions
management of that project. The design will take approximately one year and
construction approximately a year and a half, and they anticipate going through
this season and maybe one more before that drain being actually in operation
3. Approve the request for the El Segundo Police and Fire Departments to begin
development of a public safety communications center.
Police Chief Grimmond presented a report for development of a public safety
communications center
Councilman Robbins stated he had researched and toured the Regional
Communications Center with Councilwoman Friedkin They looked at repair
stations, dispatchers in action, computer facility, and got a copy of their five year
plan, budget, and computer dispatch printouts. He had questions and concerns
Police Chief Gnmmond stated the present system is a duel stage dispatch system,
and for RCC to put those calls out in 18 seconds instead of two and a half
minutes, they had to be bypassing that system The timetable showed the new
system would be done in April, 1996 and operational on July 1st, and the
Aerospace Corporation would take us from now to the day it becomes operational
Bob Pence, Aerospace Corporation, stated it would take several years should the
Air Force Base decide to move. Certain portions of Aerospace would remain here
in the Los Angeles area, and the portion supporting this system plans on moving
in a building in town, and devoting 100% to law enforcement and public safety
City Manager Morrison stated looking at the difference in calls there were less than
one per hour, and felt there were advantages of having this in the City which made
it worth our paying more.
Councilwoman Fnedkin questioned if there were any future expansion plans, would
other cities share in future expansion costs, were there additional costs not shown
in the report, and could asset forfeiture monies be used. Also stating she was
concerned with having a sole source
Chief Gnmmond stated there were no additional costs not in the budget; there's
'a communication center in the basement which should not have to be expanded
within the next five to ten years; there was $1.4 million in the asset forfeiture
budget which the Justice Department had no problem authorizing the police portion
law enforcement usage for the infrastructure, but the only thing you could use it
for was yearly operating costs Furthermore staff was recommending Aerospace
Corporation because they have shown by their work and the contract provided to
the City, that they are doing this for a small amount of it's worth
Mayor ProTem Weston questioned what JPAs policy was regarding a member not
paying their portion, whether the new system would be reliant on the GPS system,
and how many people and man hours would be supplied for this project by
Aerospace
6 City Council Meeting
January 17, 1995 - 7 00 p m. 044
IQX1AI
Chief Gnmmond stated the JPA states a City looses its vote until payment is
made, Mr. Pence stated the system would not be completely dependent on the
GPS system, and would have its own special transmitter here that would augment
the GPS system From the beginning to July 1st operational date, Aerospace
would be supplying one project engineer and several technical individuals who
would be on call through the course of the project.
Councilman Switz questioned whether the $90,000 was all the City's or was the
total amount split between El Segundo and Manhattan Beach, and would the
$90,000 be completely spent by June, Chief Gnmmond responded it was split from
the total cost of $180,000, and the $90,000 would not be spent by June.
Mayor Jacobson suggested when staff returns in June, they have a workshop on
the findings and different paths to go; Chief Gnmmond stated staff would be
keeping the Council apprised of their developments all of the way through it
MOVED by Councilman Switz, SECONDED by Councilwoman Fnedkm to approve
the protect in concept, agree to enter into a sole source design and development
agreement with the Aerospace Corporation at a cost not to exceed $90,000 00,
authorize staff to approach the City of Hermosa Beach regarding the proposal and
to authorize architectural design to remodel the existing police communications
center Appoint Mayor Jacobson as Council designee to be involved with the
proposed project, and agendize a workshop in June 1995
Councilman Robbins called for discussion stating he preferred to delay the project
for two weeks because it's a commitment to spend millions of dollars, and would
allow them more time to review the information.
Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE
VOTE 510.
RECESS at 10.00 p.m
RECONVENED at 10 15 p.m
ROLL CALL All Counalmembers present
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
1. NEW BUSINESS - CITY TREASURER
Discussion and possible action on purchase of notebook computer for City
Treasurer's office, and Council appropriate approximately $2,200 for said
equipment purchase
Susan Schofield, City Treasurer, presented a report requesting approval.
MOVED by Councilman Switz to approve Motion died due to lack of second
Mayor Pro Tern Weston asked if the item was budgeted, and whether it was an
emergency request or if she could wait for the next budget
City Treasurer Schofield responded it was not budgeted, and preferred not waiting
because her time spent in city hall would be limited and she would like to take her
work with her She asked if she was able to move items around whether they
would approve the purchase at this time.
Councilman Robbins stated the City Treasurer was a half -time position with an
office, staff, and two computers with current software. City funds are supposed to
be invested in safe investments which don't need to be monitored hourly or daily
from outside city hall, and since this was a mid -year budget request and presently
all necessary functions could be handled through the office, the request should be
brought back during the normal budget cycle so all requests could be processed
and prioritized at the same time There were previous budget cycles and
opportunities to make requests, and approval would only be an invitation for staff
and public to come back with mid -year budget and add -on items that increase the
budget. It would be a different situation if an existing lap top computer was broken
or totally obsolete and needed replacement using the equipment replacement fund
City Council Meeting
January 17, 1995 - 7 00 p m.
045
DRAFT
City Treasurer Schofield stated there were two computers because her Deputy's
was scheduled to replace the other one located in her office, and hers was
actually an inventory item that would not be replaced. The investments do not
need to necessarily be monitored hourly, but are monitored daily, and she
preferred to keep track of what was going on in relative pricing In order to keep
only what was needed in the bank necessary to pay current bills they do move
money around, and the City also has money in the LA County pool and both of
these allow day -to -day overnight transactions. We also do Banker Acceptances
and Commercial Paper on occasions which are short term
Councilwoman Friedkm stated several Councilmembers had made statements that
if its not in the budget the answer was no, unless it was an emergency or
absolutely essential item; Mayor ProTem Weston concurred stating the Council
had said no to good organizations, and he had a hard time making an exception.
Councilman Switz asked if there was a second to his motion; Mayor Jacobson
stated there was no second
No action taken by the City Council.
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilwoman Friedkin
She was very happy to see standing room only here in the Council Chambers, and
was sorry about some of the reasons some were here, however, she hoped they
would continue to come back.
Councilman Robbins
Wished everyone a happy and prosperous New YearfflVffffAVj0VAN~4
f, the recent storm was a character budding experience for the community, and
he hoped those impacted will recover quickly
Councilman Switz
1 Presentation of alternative approaches regarding the residential sound
insulation program.
Councilman Switz gave a slide presentation of alternative approaches
regarding the residential sound insulation program stating he, Mayor
Jacobson, and Harvey Holden met with Congresswoman Harman and
established a plan of action with her which he was not free to discuss the
details this evening but felt stood a good change in giving the City a
chance on getting back on the original plan working with the DOA without
easements Congresswoman Harman supports and wants to help the City.
In the event this approach doesn't work, he felt they need to start talking
about some of those alternatives mentioned this evening
Receive and file pending outcome of Congresswoman Harman meeting.
Mayor Pro Tem Weston
1 Discussion of base closures and potential impact on City of El Segundo.
Mayor ProTem Weston announced a meeting tomorrow at 8 00 am in city
hall where there would be discussions regarding the Air Force Base
retention; and commented on South Bay Cities Association Plan on
alternative fuel use, and asked to agendize this for a future date
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit)
Eamie Bowdre, 627 W Acacia addressed the residential sound insulation program
MEMORIALS - NONE
CLOSED SESSION - NONE
ADJOURNMENT at 11.15 p.m. to January 19, 1995 at 7 00 p.m
Lora Freeman, .Deputy City Clerk
City Council Meeting
January 17, 1995 - 7:00 p m 046
" -ki-A�Ji+
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE
EL SEGUNDO CITY COUNCIL
February 7, 1995 - 5:00 P.M.
CALL TO ORDER Mayor Jacobson at 5 00 P M
PLEDGE OF ALLEGIANCE - Mayor ProTem Weston
ROLL CALL
Mayor Jacobson
- Present
Mayor ProTem Weston
- Present
Councilman Switz
- Present
Councilman Robbins
- Present arrived at 5 10 P M
Councilwoman Fnedkin
- Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person,
30 minute limit total)
No individuals addressed Council
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Sec 54950, et se ) for the purposes of conferring with the
City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or
existing litigation, and/or discussing matters covered under Gov't Code section 54957
(Personnel), and/or conferring with the City's Labor Negotiators as follows
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8)
None
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section
54956 9(a))
1 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865
2 El Segundo v Salvatore John Rocco, Jr., d/b /a Bitch Skateboards, Case No YC 19864
3 Summerfield tax litigation, Case No BC 106640
4 OMA v City of El Segundo, Case No BX 026465
5 Allison v City of El Segundo, Case No YCO21971
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 6 potential cases (no
further public statement is required at this time), Initiation of litigation pursuant to Gov't Code
Section 54956 9(c) 4 matters
DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) None
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) Re
Management/Confidential employees - Jim Morrison, Negotiator
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
NONE
ADJOURNMENT at 6 55 P M
Cindy Mortesen, City Clerk
1
047
DRAFT
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
FEBRUARY 7, 1995 - 7:00 P.M.
CALL TO ORDER Mayor Jacobson at 7:00 P.M.
INVOCATION - Rev. Timothy Schepman, St. John's Lutheran Church
PLEDGE OF ALLEGIANCE - Councilman Switz
1. Proclamation declaring the week of February 5 -11,
1995 as "Burn Awareness Week" in the City of
E1 Segundo and promoting burn awareness and
prevention all year long.
Fire Prevention Inspector James Carver received the proclamation from
Mayor Carl Jacobson
2. Proclamation declaring Monday, March 20,1995 as
Daffodil Day in the City of E1 Segundo and
recognizing the ability of the American Cancer
Society to help strike cancer out of millions of
people's lives each year.
Robert Swan from the American the American Cancer Society receive the
proclamation from Mayor ProTem Weston
ROLL CALL
Mayor Jacobson - Present
Mayor ProTem Weston - Present
Councilman Switz - Present
Councilman Robbins - Present
Councilwoman Friedkin - Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute
limit per person, 30 minute limit total)
Three (3) individuals addresses Council
1.
Liz Garnholtz, spoke
regarding
the LAX sign.
2.
Nancy Cobb, Chamber
of Commerce
President, spoke
regarding the installation of the new banners on
Sepulveda.
3 Terry Cerrito, 210 W. Acacia; spoke regarding
airport noise, and the LAX sign, also sound
installation. He requested the Council to uncover
the sign.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances
and resolutions on this Agenda by title only.
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to read
all ordinances and resolutions on this Agenda by title only. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS -
1. Public Hearing on the appeal of the Planning
Commission denial of Environmental Assessment EA-
349, and Conditional Use Permit CUP 94 -4 to allow
a potential Air Freight Forwarding Facility to
operate at an existing vacant warehouse /office
building located at 605 -607 N. Nash Street.
1
R , 7
Mayor Jacobson and Councilman Robbins not - participating on this item,
WlllffifflllllljwllljwlW114
Laurie Jester gave a brief staff report
Mayor ProTem Weston stated this is the time and place hereto fixed for
a public hearing on the appeal of the Planning Commission denial of
Environmental Assessment EA -349, and Conditional Use Permit CUP 94 -4
to allow a potential Air Freight Forwarding Facility to operate at an
existing vacant warehouse /office building located at 605 -607 N. Nash
Street. He asked if proper notice of the hearing was done in a timely
manner, and if any written communications had been received. Clerk
Mortesen, stated that publication was done by the Planning & Building
Safety Department and no written communications had been received by
the City Clerk's office regarding this matter.
Open the Public Hearing:
Jack Karp, 108 W. Walnut Street, Gardena; represented the applicant
who is appealing the denial. He explained his reasons for not agreeing
with the Planning Commission findings.
MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to close
the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0/2 NOT
PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS
MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to
sustain the action of the Planning Commission, and deny the appeal of
the CUP. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR
PROTEM WESTON AND COUNCILWOMAN FRIEDRIN. NOES: NONE. ABSTAIN:
COUNCILMAN SWITZ. NOT PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN
ROBBINS 2/0/1/2
2. Public Meeting - Consideration of a Resolution to
increase fines and fees for services at the E1
Segundo Public Library. Fiscal Impact: Estimated
increase in revenue of $7,000.
Mayor Jacobson stated this is the time and place hereto fixed for a
Public Meeting on Consideration of a Resolution to increase fines and
fees for services at the E1 Segundo Public Library. Fiscal Impact:
Estimated increase in revenue of $7,000. He asked if proper notice of
the Public Meeting was done in a timely manner and if any written
communications had been received. Clerk Mortesen stated that
publication was done by the City Clerk's office and no written
communications had been received regarding this matter.
Open Public Meeting:
No individuals addressed Council
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to close
the public meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council consensus to schedule the public hearing for March 7, 1995
C. UNFINISHED BUSINESS
1. Reconsideration of Examen contract as requested by
Examen, Inc.
Jim Morrison, City Manager, gave a brief staff report.
MOVED by Councilman Robbins SECONDED by Mayor ProTem Weston to
approved the Examen contract No. 2380, as requested by Examen, Inc.
2
049
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES: MAYOR JACOBSON, MAYOR
PROTEM WESTON, COUNCILWOMAN FRIEDRIN, AND COUNCILMAN ROBBINS. NOES:
NONE. ABSTAIN: COUNCILMAN SWITZ. 4/0/1
2. Extension of Douglas Street between Park Place and Alaska
Avenue.
Mayor Jacobson and Councilman Robbins not participating on this item,
WAVWIO�JV/�"l
Jim Morrison, City Manager, gave a brief staff report.
MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to
approve the extension of Douglas Street between Park Place and Alaska
Avenue: Appropriate $60,000 from unallocated developer traffic
mitigation fee contributions to fund the twenty percent (20 %) City's
matching contribution to the federal funds; Authorize staff to obtain
Caltrans approval to execute City -DeLeu Cather agreement in the amount
of $973,460 with the condition that only Phase I - Preliminary
Engineering be completed for the estimated cost of $279,846. MOTION
PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON,
COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDRIN. NOES: NONE. NOT -
PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS. 3/0/2
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1. Presentation of proposed Park Vista 1995 Budget by the E1
Segundo Senior Citizen Housing Corporation. Fiscal Impact:
$436,416.
MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to
approve the re- submittal of the 1995 Park Vista Budget by the E1
Segundo Senior Citizen Housing Corporation, and to insert the
statement that no Board member may be compensated for services they
provide to the Senior Housing Board, unless approved by the City
Council. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
2. Oral Report by Mr. Richard Fearn, Chairperson of the Capital
Improvement Program Advisory Committee (CIPAC).
Mr. Richard Fern gave a brief report.
Council received and filed the report.
3. Appointments to the Capital Improvements Program Advisory
Committee and the E1 Segundo Senior Citizen Housing
Corporation Board.
ANNOUNCED THE APPOINTMENT OF EUGENE GILLINGHAM TO THE CIP COMMITTEE
FOR A FULL 4 YEAR TERM EXPIRING 11/30/98; APPOINTED KATHY W. URBAN TO
THE SENIOR HOUSING BOARD FOR AN UNEXPIRED TERM EXPIRING 6/30/97
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion
and passed unanimously. If a call for discussion of an item is made,
the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 216695 - 216804 on Demand Register Summary
Number 28 in total amount of $265,491.52
2. Warrant Numbers 216805 - 216991 on Demand Register Summary
Number 29 in total amount of $804,266.72 and Wire Transfers
in the amount of $849,732.07
3
050
3. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS
4. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS
5. Contract No. 2381, Installation of Landscaping and
Irrigation for the Hyperion Treatment Plant Landscape
Buffer, Specifications No. PW 94 -12 (contract amount - $
106,000.00).
6. Resolution No 3907 of the City Council of the City of E1
Segundo, California, authorizing the submittal of an
application to the California Integrated Waste Management
Board for a 1994 -95 Use Oil Recycling Block Grant.
7. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS
8. PULLED FOR DISCUSSION BY CITY MANAGER, JIM MORRISON
9. PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS
MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to approve
consent items Numbers 1, 2, 5, and 6 MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
3. City Council meeting minutes of January 9, 17, 19,
and 30, 1995.
MOVED by Councilman Robbins SECONDED by Councilman Switz to approve
the minutes as written for the meetings of January 9, 19, and 30, 1995
and to hold over the minutes of January 17, 1995. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
4. Resolution No 3906, of the City Council of the City of E1
Segundo, California, prohibiting parking of vehicles six (6)
feet or more in height on the north side of Sycamore Avenue,
one - hundred seventy (170) feet west of Sepulveda Boulevard.
City Attorney stated that Councilman Robbins has no conflict of
interest regarding this matter.
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to
adopt Resolution No. 3906 prohibiting parking of vehicles six (6) feet
or more in height on the north side of Sycamore Avenue, one- hundred
seventy (170) feet west of Sepulveda Boulevard.MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
7. Proposed Resolution, extending Workers Compensation benefits
to Police Reserve Officers and Explorers; uncompensated
members of City Commissions, Committees and Boards; and to
City Volunteers. Fiscal Impact: Proposal results in no
additional funding cost to the City. Future costs will be
on an actual basis and in recent years have been zero.
Councilman Robbins, Mayor ProTem Weston, and Councilwoman Friedkin
expressed their concerns with extending Workers Compensation to
volunteers, The further stated they would like to know all the
potential liabilities before approving the Resolution.
City Attorney Tim Cremins stated that it would be in the City's best
interest to cover these people with Workers Compensation because it
would limit the amount of any claim.
Council consensus to hold this item over for staff to provide more
information.
8. Results from closed bid process for acquisition of new
undercover Police car as budgeted in the Fiscal Year 1994-
1995 Asset Forfeiture Fund.
City Manager, Jim Morrison, requested this item be held over to adjust
it.
11
051
193 ;1AWA
9. Request approval to solicit bids for it in -car video camera
systems for the Police Department using Asset Forfeiture
funds at a cost not to exceed $80,864.
Councilman Robbins requested this item be delayed as to not de lete
the Asset Forfeiture funds ! ;09001 INKM �M
Police Chief Tim Grimmond, clarified the Asset Forfeiture account and
what is expected in the future. He further stated that there is more
than sufficient funds for the planned projects. He further stated that
this is encumbered funds from the 1993 -94 budget.
Council continued with the agenda while the encumbered funds are
verified.
F. NEW BUSINESS - CITY MANAGER - NONE
G. NEW BIISINESS - CITY ATTORNEY - NONE
H. NEW BIISINESS - CITY CLERK - NONE
I. NEW BIISINESS - CITY TREASURER - NONE
J. NEW BIISINESS AND REPORTS - CITY COUNCILMEMBERS
Councilwoman Friedkin -
Commented on the Herald School report and the lack of mention of the
City's support.
Councilman Robbins -
Commented on the YMCA, Youth and Government Pancake Breakfast
Councilman Switz -
Requested to agendize for the next meeting the LAX Sign
Mayor ProTem Weston -
Commented on the Business attraction effort and thanked Team One for
their help.
Mayor Jacobson - NONE
Continued Item Number 9, from the Consent Agenda
Steve Klotzsche, Director of Finance, confirmed the monies were
encumbered in the 1993 -94 Fiscal Budget.
MOVED by Councilman Robbins SECONDED by Councilman Swtiz to approve
the soliciting of bids for 11 in -car video camera systems for the
Police Department using Asset Forfeiture funds at a cost not to exceed
$80,864. MOTION PASSED BY UNANIMOUS VOCE VOTE 5/0
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute
limit)
No individuals addressed Council
MEMORIALS - Mrs. W. Dolley, mother of City Attorney Lee Dolley.
CLOSED SESSION - NONE
ADJOURNMENT at 8:45 P.M. to February 16, 1995 at 7:00 P.M.
Cindy Mortesen, City Clerk
2
O52
DRAFT
MINUTES OF THE JOINT MEETING OF THE
EL SEGUNDO CITY COUNCIL AND THE EL SEGUNDO PLANNING COMMISSION
FEBRUARY 16, 1995 - 7:00 P.M.
EL SEGUNDO CITY LIBRARY, MATSUI ROOM
111 W. MARIPOSA AVENUE
CALLED TO ORDER at 7 10 p.m. by Mayor Jacobson and Chairman Leon
PLEDGE OF ALLEGIANCE led by Chairman Leon
ROLL CALL
City Council
Present -
Mayor Jacobson
Present -
Mayor ProTem Weston
Present -
Councilman Switz
Present -
Councilman Robbins
Present -
Councilwoman Fnedkm
Plannina Commission
Chairman Leon
Vice - Chairman Crowley
Commissioner Mahon
Commissioner Yeagley
Commissioner Palmer
PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute
limit totaq - NONE
A. Special Orders of Business -
City Manager Morrison presented a brief overview of the agenda items and purpose for the
joint meeting, City Attorney Cremms presented a brief overview of the Brown Act requirements
for the agenda discussion.
Planning Commission - Information and Discussion
a Allowed by Government Code Section 65100
b Establishment by City Council Ordinance No 300, August 20, 1946
c Governed by Chapter 2.12 of the El Segundo Municipal Code.
d El Segundo Planning Commission Rules (By -Laws)
1)
Meetings - Day/Time
2)
Officers
3)
Agenda
4)
Duties and Powers
5)
Meetings
6)
Public Participation
7)
Commission Authority
e Responsibilities
1) Review and Make Decisions on Conditional Use Permits (CUP), Coastal
Development Permits (CDP), Variances, Tentative Subdivision Maps,
Historical Preservation Designations, and CEQA Negative Declarations
2) Review and Make Recommendations to the City Council on General
Plan Amendments, Zoning Code and Map Amendments, Smoky Hollow
Specific Plan Amendments, Coastal Zone Amendments, Planned
Residential Developments, and CEQA EIRs
3) Receive and File Administrative Use Permits (AUP)
4) Final Decision on Animal Permit Appeals.
f Notice of Vacancy on the Planning Commission
2 Brown Act Considerations
3. City Council
a Clarification of Role of Planning Commission.
b City Council Direction to the Planning Commission
1) Should there be an annual 'charge" to the Planning Commission?
2) What procedures should be put into place to communicate Council
consensus on issues pertaining to the Planning Commission?
General discussion ensued regarding the General Plan, Circulation Element, Zoning Codes,
Douglas Street and Sepulveda Tunnel projects, Green Line Aviation Station and 1 -105
Freeway traffic impacts, traffic problems on Palm, and parking problems on Walnut and
Washington Streets and Grand Avenue
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute
limit totao - NONE
ADJOURNMENT at 9 02 pm for City Council to February 22 at 5 00 p m, and Planning Commission
Lora Freeman, Deputy City Clerk
405 ,,
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE
EL SEGUNDO CITY COUNCIL
February 21, 1995 - 5:00 P.M.
CALL TO ORDER Mayor Jacobson, at 5 00 P M
PLEDGE OF ALLEGIANCE
- Councilman Richard Svntz
ROLL CALL
Mayor Jacobson -
Present
Mayor ProTem Weston -
Present
Councilman Swttz -
Present
Councilman Robbins -
Present arrived at 5 20 P M
Councilwoman Fnedkm -
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person,
30 minute limit total) - NONE
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Sec 54950, et seq) for the purposes of conferring with the
City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or
existing litigation, and/or discussing matters covered under Gov't Code section 54957
(Personnel), and/or conferring with the City's Labor Negotiators as follows
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8)
None
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section
54956 9(a))
1 City of Los Angeles v City of El Segundo, Case No BC 034185
2 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865
3 El Segundo v Salvatore John Rocco, Jr, d/b /a Bitch Skateboards, Case No YC 19864
4 Summerfield tax litigation, Case No BC 106640
5 O'Brien v City of El Segundo, WCAB No. Unassigned
6 Octabio Ramirez v City of El Segundo, Claim No 95 -02
7 Federico Ramirez v. City of El Segundo, Claim No 95 -04
8 John Peters v City of El Segundo, Claim No 95 -04
9 A J Neil v City of El Segundo, Claim No. 95 -06
10 Bill and Jean Bue v City of El Segundo, Claim No 95 -09
11 Jon Prescott v City of El Segundo, Claim No 95 -11
12. Ed and Susan Ash v City of El Segundo, Claim No 95 -12
13 T L Douglas Cc v City of El Segundo, Claim No 95 -13
14 Tnwell Properties Inc v City of El Segundo, Claim No 95 -14
15 Bob's Antiques (Bob Rinebold) v City of El Segundo, Claim No 95 -15
16 Cole Industries v City of El Segundo, Claim No 95 -16
17 Jack Siadek v City of El Segundo, Claim No 95 -17
18 Clemens and Kozloski v City of El Segundo, Claim No 95 -18
19 Lester McIntosh v City of El Segundo, Claim No 95 -19
20 Clayton Blank v. City of El Segundo, Claim No 95 -22
21 ESE v City of El Segundo, Claim No 95 -23
22 Pacific Science v City of El Segundo, Claim No 95 -24
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
significant exposure to litigation pursuant to Gov't Code 54956.9(b) 2 potential cases (no
further public statement is required at this time), Initiation of litigation pursuant to Gov't Code
Section 549569(c) 0 matters
DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) Public Employ-
ment City's Labor Negotiator
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6)
None
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
ADJOURNMENT at 6 55 P M
Cindy Mortesen, City Clerk
054
a
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
FEBRUARY 21, 1995 - 7:00 P.hL
CALL TO ORDER - Mayor Jacobson at 7 00 P M
INVOCATION - Rev Dr Harvey Kemp, United Methodist Church of El Segundo
PLEDGE OF ALLEGIANCE - Councilwoman Fnedkin
PRESENTATIONS-
1 Proclamation encouraging the participation of the citizens of the City of El Segundo in the Guaymas -E1
Segundo Sister City Association and reaffirming the City's commitment to foster the ideals of the Sister
City Program to effectuate world peace
Mayor Jacobson presented the proclamation to President of the Sister City Organization, Stephanie Inbody
Introduction of new Retired Senor Volunteer Program (RSVP) participants
Bill Johnson
Verne Lahr
Ralph Lanphere
George Lochinski
Police Cluef Tim Gnmmond introduced the new Retired Senior Volunteers
Introduction of New Employees, hired to fill vacant FY 1994 -95 budgeted positions
Maria Matta, Crime Scene Investigator
Gregory Reese, Lateral Transfer Police Officer
Police Chief Tun Gnmmond introduced the new Police Department employees
ROLL CALL
Mayor Jacobson
- Present
Mayor ProTem Weston
- Present
Councilman Switz
- Present
Councilman Robbins
- Present
Councilwoman Fnedkin
- Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Nine
(9) individuals addressed Council
1) Liz Gamholts, Noise Abatement Committee Chairperson, spoke regarding the article in the ES Herald and the
beginning of Phase II in connection with the Airport noise problems
2) Martha Bails, Council member of the City of Hawthorne, spoke regarding the RCC and the proposed new
communication center for El Segundo
3) Bill Lawson, 937 Loma Vista, spoke regarding the old bike track on Imperil at Loma Vista, and its
continued use
4) Willard Krick, 1414 E Manposa, commented on the smooth and efficient meetings Also regarding the LAX
sign and his support for the sign
5) Bill Campbell, commented on the meetings and his support of the LAX sign
6) Timothy Royce, 732 W Imperil, spoke in favor of reestablishing the LAX sign, and turned in a petition
supporting such sign by 99 residents
7) Joe Vilon, 124 W Oak, spoke regarding forcing the airport to comply with our requests
8) Ruth Bixler, 732 W Pine Ave, spoke regarding airplane control
9) J Wilson, commented on the good work Mr Royce had done collecting signatures for his petition
A. PROCEDURAL MOTIONS
1
055
Consideration of a motion to read all ordinances and resolutions on this Agenda by title only
MOVED by Councilman Robbins SECONDED by Councilman Switz to read all ordinances and resolutions on this
Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 510
B. SPECIAL ORDERS OF BUSINESS -
[THIS ITEM M1 WILL BE REMOVED FROM THE AGENDA]
1 Public Hearing to consider an Ordinance adopting the 1994 Edition of the Uniform Fire Code with
Amendments
ITEM HELD OVER TO THE MARCH 7, 1995 MEETING
Public Hearing on the proposed projects and budget for allocation of the Twenty-First Year (Fiscal Year
1995 -1996) Community Development Block Grant funds Proposed budget $127,026
Mayor Jacobson stated that this is the time and place hereto fixed for a public hearing on the proposed projects and
budget for allocation of the Twenty-First Year Fiscal Year 1995 -96 Community Development Block Grant funds He
asked if proper notice of the hearing was done and if any written communications had been received
Clerk Mortesen stated that notice was done by the Planning & Building Safety Department, and no written
communications had been received regarding this matter
Hyrum Fedje, Director of Planning & Building Safety gave a brief staff report
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to close the public hearing MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
MOVED by Councilwoman Fnedkm SECONDED by Councilman Robbins to approve the proposed projects and
budget, and authorize the Director of Planning and Building Safety to execute agreements with the Community
Development Commission and request a waver from CDC of the 25% maximum public serviced activity limit MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
a)Presentation of the mid -year (seven months) operating budget review for Fiscal Year 1994/95
b)To present the estimated year -end fund balances for Fiscal Year 1994/95
c)Provide and review revenue manual which includes prior revenue trends, preliminary 1995/96 revenue
projections, a brief verbal overview of the various revenue sources and a five (5) year projection of
future revenues
Council received and filed the report, they also directed staff that the reserves should not be diminished and capital
improvement recommendations for budget purposes include allocations of reserves for specific projects for infrastructure
maintenance
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
E CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of
an item is made, the item(s) will be considered individually under the next heading of business
1 Warrant Numbers 216992 - 217125 on Demand Register Summary Number 30 in total amount of
$266,42966
2 Warrant Numbers 217126- 217333 on Demand Register Summary Number 31 in total amount of
$812,567 37, and Wire Transfers in the amount of $798,606 19
3 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS
4 Request to authorize Lieutenant David Cummings to attend the 181st Session of the FBI National
Academy from April 9 to June 23, 1995
5 Adoption of City Equipment Replacement Criteria
6 Results from closed bid process for acquisition of two (2) new undercover police cars as budgeted in
the Fiscal Year 1994 -1995 Asset Forfeiture Fund, and as approved by City Council at the September
20, 1994 Council meeting to reassign one police officer with an undercover vehicle to the U S
Customs Agency
MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to approve consent agenda items 1, 2, 4, 5, and
6 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
CALL ITEMS FROM CONSENT AGENDA
3 City Council meeting minutes of January 17, 1995 and February 7, 1995
Item requested to be held over to the March 7, 1995 meeting
2 P5R
NEW BUSINESS - CITY MANAGER -
Proposed authorization for Director of Finance Steve Klotzsche, Environmental Safety Coordinator
Steve Tsumura, and Disaster Preparedness Coordinator Mary Klemundt to act on behalf of the City
when dealing with the State Office of Emergency Services (O E S )
MOVED by Councilwoman Fnedkm SECONDED by Councilman Robbins to adopt Resolution 3909, authorizing the
Director of Finance Steve Klotzsche, Environmental Safety Coordinator Steve Tsumura, and Disaster Preparedness
Coordinator Mary Klemundt to act on behalf of the City when dealing with the State Office of Emergency Services
(O E S) MOTION PASSED BY UNANIMOUS VOICE VOTE 510
G. NEW BUSINESS - CITY ATTORNEY - NONE
IL NEW BUSINESS - CITY CLERK - NONE
NEW BUSINESS - CITY TREASURER - NONE
d NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilwoman Friedldn - NONE
Councilman Robbins -
Commented on the
City funds Further stating, Assemblywoman Debra Bowen announced plans to increase State sales tax by taxing
services in addition to consumer products
Councilman Switz -
1 Discussion regarding currently covered sign on Imperil about LAX early turns
Councilman Switz gave a brief history of the LAX sign on Imperial and stated the options for the sign as 1) Removal, 2)
Leave as is, 3) uncover
1) Liz Gamholtz, Noise abatement Committee, stated the committee voted on leaving the sign as it is and
presented some ideas
2) Steve Storm, presented another option, changing the sign to read, "UNSAFE TO TURN"
3) Dorothy Kent, proposed another option, to offer to remove the sign if Los Angles will discuss and agree with
El Segundo to alter the take off path to 2 miles out
A) Len Bonillia, suggested that the sign be kept as a bargaining chip
Clerk Mortesen stated three letters had been received from residents in support of keeping the sign
The Council and the public continued to discuss general ideas about the dispositions/ of the the sign
MOVED by Councilman Switz SECONDED by Councilman Robbins SAw'Y/y to leave the sign intact as is
SECOND AND MOTION WITHDRAWN.
MOVED by Councilman Switz to uncover the sign
MOTION DIED DUE TO LACK OF SECOND
Mayor PmTem Weston - NONE
Mayor Jacobson -
Discussion regarding retention of the Los Angeles Air Force Base in El Segundo, California
Mayor Jacobson stated he had been in Washington D C recently attending to the retention of the Air Force Base, and he
felt he received some positive information, but was unsure just how secure the Base would remain He requested a
Resolution be adopted in support of the Retention of The Air Force Base in El Segundo
City Attorney Lee Dolley read the following
n57
193 ttX
RESOLUTION NO. 3909
A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
URGING SUPPORT FOR RETENTION OF SPACE AND MISSILE SYSTEMS CENTER AT LOS
ANGELES AIR FORCE BASE, CALIFORNIA AND RETAINING THE LOS ANGELES AIR FORCE
BASE AS AN ACTIVE AIR FORCE INSTALLATION.
MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to adopt Resolution No 3909, urging
support for retention of Space and Missile Systems Center at Los Angeles Air Force Base MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
Six (6) individuals addressed Council
1) Sandra Jacobs, 402 Hillcrest, stated on the Power Breakfast for the SBCA, that it is protocol for elected
officials to be offered the microphone These meeting are beneficial to citizens who assess local officials She also stated
that SBACC has taken an active lead on the retention of the Air Force Base
2) Steve Storm, resident, stated that perhaps the LAX sign should be covered in white plastic
3) J Wilson, resident, asked if the LAX sign can be beautified by a company or organization
4) Dean Schultes, Concord Street, stated the sign could be used as a 1) communication devise, 2) unsafe area
for turns, 3) concentrate on the left most runway
5) Liz Gamholts, spoke regarding a resident who called the LAX complaint line and received an unsatisfactory
response
6) Timothy Royce, stated that he is resolved that the sign is staying and requested to know, when does
something specific happen with the Airport
Mayor Jacobson responded that if matters do not improve they will address this item further
MEMORIALS - NONE
CLOSED SESSION - NONE
ADJOURNMENT at 8 56 P M to March 7, 1995 at 5 00 P M
Cindy Mortesen, City Clerk
4 058
EL SEGUNPO CITY COUNCIL MEETING DATE: 3/7/95
AGENDA-ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA
1. Adopt Plans and Specifications No. PW 94 -9 for
Modifications to Sanitation Pumping Plant No. 8.
2. Authorize Staff to advertise for bids.
COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Authorize Staff to advertise for bids.
BRIEF SUMMARY:
Sanitary Sewage Pumping Plant No. 8, located at Center Street,
between Franklin Avenue and Grand Avenue, was constructed in 1955.
The most recent modifications to the plant was done in 1974. The
recommended major maintenance cycle on a pumping plant of this type
is ten (10) years. Pumping Plant No. 8 is currently operating at
less than fifty percent (50 %) of its design capacity and requires
an inordinate amount of maintenance because of the deteriorated
condition of the pumps and appurtenances. The wet well of the
station has exposed aggregates indicating an erosion of the walls.
The proposed project includes replacing the present pumps,
upgrading the electrical system, piping replacement, and lining of
the wet well.
Plans and specifications have been prepared by the Engineering
Division Staff. This project is budgeted in the 1994 -95 Capital
Improvement Program, and is estimated to cost $ 125,000.
ATTACHED SUPPORTING DOCUMENTS:
Sewage pump stations location map.
Site plan - Pump Station No. 8.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
_Capital Improvement Budget: XX
S 125,000.00
S 150,000.00
Date:
301 - 400 - 8204 -8309
Adoption of Plans and Specifications
Yes No XX
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EL SEGUNDO CITY COUNCIL MEETING DATE: 3/7/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Sepulveda Tunnel Demonstration Project Inter-Agency Project
Coordination Committee (IPCC) draft recommendations for use of
$ 8.95 million of Federal Funds remaining in the Demonstration
Project.
RECOMMENDED COUNCIL ACTION:
Approve the IPCC's draft recommendations and authorize staff to
present these recommendations for allocation of the available
funds.
BRIEF SUMMARY:
STAFF REPORT BEGINS ON NEXT PAGE ...............
ATTACHED SUPPORTING DOCUMENTS:
1. Letter dated 3/7/94 from Caltrans and Federal Highway
Administration to LAX.
2. Letter dated 9/23/94 from Federal Highway Administration
to Caltrans.
3. Vicinity map.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
N/A Capital Improvement Budget: N/A
Yes No XX
Date:
- 1 of 3 -
r. —a.viv . a i c
062
BRIEF SUMMARY: (continued)
In 1989, the City of E1 Segundo approved an Inter - agency
Participation Agreement which included the Cities of Los Angeles,
Manhattan Beach, E1 Segundo, Redondo Beach, Hermosa Beach,
Hawthorne, the County of Los Angeles and the City of Los Angeles
Department of Airports (LAX). This agreement provided for LAX as
the lead agency to study improvements to the Sepulveda Boulevard
corridor, including widening the tunnel and to improving ground
access to the Airport.
Through the efforts of the E1 Segundo Employers Association (ESEA),
a total of $ 11.35 million of Federal Demonstration Program funds
have been allocated by the U.S. Congress to finance this project.
LAX performed a study utilizing $ 2.4 million of the allocated
Federal Funds, which recommended two options for widening the
Sepulveda Tunnel, ranging in cost from $ 107 million to $ 195
million.
In March 1994, both the Federal Highway Administration and Caltrans
discontinued the original demonstration project with the
determination that widening the Sepulveda Boulevard Tunnel will not
mitigate the Sepulveda Boulevard congestion and that airport access
improvements both north and south of the tunnel should be explored
as the appropriate solutions to this problem.
Presently, $ 8.95 million of the originally approved Federal Funds
remain unallocated for specific projects as follows:
Total Federal Funds (approved) $ 11.35 million
Amount expended by LAX}
Sepulveda Tunnel Study}
Sepulveda Tunnel Re- striping} $ 2.40 million
Balance Federal Funds $ 8.95 million
(to be reassigned)
In September 1994, the Federal Highway Administration notified
Caltrans that the remaining $ 8.95 million Federal Funds are
eligible for the following projects (not in any priority order),
which satisfied the original intent of improving ground access in
the LAX area.
• Ramp improvements from northbound Sepulveda
Boulevard to LAX central terminal area.
Freeway surveillance and signage improvements
to divert Freeway traffic away from the
Sepulveda Tunnel during periods of congestion.
Widening of Aviation Boulevard, between
Manhattan Beach Boulevard and Arbor vitae
Street.
The IPCC has met several times (with participation by Caltrans, the
Los Angeles County Metropolitan Transportation Authority and ESEA)
to discuss various projects under the Federal guidelines that
qualify for the $ 8.95 million balance of Federal Funds. It has
been determined that a project package request to the Federal
funding agency, which represents a consensus request by the IPCC,
has the best chance of being approved for funding. The lack of
consensus could conceivably jeopardize the remaining allocation of
the Federal Funds.
- 2 of 3 -
063
BRIEF SUMMARY: (continued)
The IPCC, at its meeting of 2/15/95, proposed the following
recommendation for consideration by the Federal funding agency:
Proposed Estimated Total
Federal Funds Project Cost
Aviation Boulevard Widening
(a) Imperial Highway to $ 3 5 million $ 4 5 million
Manhattan Beach Boulevard
(b) Impenal Highway to Arbor Vitae $ 10 million $ 11 million
LAX access ramp improvements from $ 3 5 million $ 6 million to
Sepulveda Boulevard, north of the $ 20 million
tunnel. dqudag on scope
improvements
Miscellaneous traffic surveillance $ 0 95 million $ 10 million
and signage improvements (City
of Los Angeles)
TOTAL $ 8 95 million $ 22 5 million
to $ 36 5 million
In the opinion of the IPCC, the above recommendation represents a
fair distribution and maximum area wide benefit for the available
Federal Funds. This recommendation is supported by all the various
agency staff members and ESEA at the IPCC Committee meeting,
however City Staff is requesting Council approval of the
recommendation. After approval by the City Council, staff will
present these recommendations as the City of E1 Segundo's position
on the use of the remaining Federal Funds to the IPCC at its next
meeting.
- 3 of 3-
M MN 412 (Y S)
064
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1 ;07)
US DEPARTM.PM OF TRANSPORTATION
FEDERAL HIOHWAY ADMINISTRATION
REGION NINE
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960 9th Street - suite 400
SenrAnento, Gtifornie 95814 -2724
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March 7, 1994
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Mr. Rick Morgan Demo Project
Department of Airports Sepulveda Blvd to the
City of Los Angeles City of Los Angeles
1 World Way E1 Segundo
Los Angeles, California 90045
Dear Mr. Morgan:
The $2.4 Million Federal fund demonstration project (widen
tunnel /improve access from Sepulveda Boulevard to the City of Los
Angeles) was approved in the 1987 Surface Transportation
Assistance Act of 1987. The study was to determine if a highway
project which would increase the capacity of a tunnel in the
vicinity of an airport serving E1 Segundo, California, could
demonstrate methods for mitigating the projected increased
traffic congestion from the completion of the Glenn Anderson
Freeway. The Department of Airports was chosen to be the lead
agency for the study. The inter - Aqency Project Coordinating
Committee (IPCC) was set up to oversee the study. This study has
been on -going since mid -1991. Five alternatives were outlined in
February 1992:
- No Build
- Parallel Tunnels
- Deep Tunnel
- Airport- Nash /Douglas Tunnels
- Super Street (Sepulveda)
A subcommittee was set up in May 1992 to look at what Traffic
Systems Management (TSM) measures could be developed in addition
to the parallel tunnels to provide a "temporary solution" to the
anticipated impacts from the opening of the I -105. several
suggestions were developed and put forth to the main committee.
it was decided by the committee to act on two of the suggestions:
(1) improving the signing to the airport, and (2) changing the
striping through the tunnel. These projects were to be completed
prior to the opening of the I -105 (October 1993) but were delayed
and are now scheduled to go out to bid in March 1994.
Many questions were raised in the period between April 1992 and
December 1993 regarding the traffic analysis. One of the major
questions dealt with the lane capacity used and the related
assumptions applied in the traffic model as well as the signal
constraints on either side of the existing tunnel.
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In May 1992 the parallel tunnels were selected by the IPCC as the
preferred alternative and the IPCC voted to proceed with the
environmental process. The pre -draft environmental document was
distributed in January 1993.
The document was reviewed by California Department of
Transportation (Caltrans) and the Federal Highway Administration
(FHWA). Both agencies concurred that the project did not meet
the purpose and need for the project, to mitigate the projected
increased traffic congestion.
The existing tunnel is constrained on either end by signals which
limit the traffic through put. Adding additional tunnels does
not mitigate the congestion because of these major constraints.
It was also noted that the geometrics and the signing of the ramp
to the Central Terminal Area (CTA) and Century Boulevard on the
north end of the tunnel is such that cars are required to reduce
their speeds backing up traffic into the tunnel. Additional
tunnels would not alleviate traffic backing up unless the
geometric and capacity of the ramp were improved.
Therefore, it is the determination of FHWA and Caltrans that the
scope of work as stated in the Surface Transportation Assistance
Act of 1987 has been completed. The study concludes that the
capacity of the existing tunnel, in regard to traffic movement,
is not the constraint. The constraints exist with the signalized
Intersections, north and south, and the geometrics and capacity
of the ramps to the CTA. Parallel tunnels would only provide
storage and not improve circulation.
If you have any questions, please contact either Mary Gray (FHWA)
(916) 551 -1310 or Satish Chander (Caltrans) (213) 897 -1587.
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yours,
V B. Baxter
District Director
Caltrans
069
° 9 N ATTACHMENT 1
XrAA US. DEPARTMF,Nf OF IRANSPORTA710H
FEDERAL HIGHWAY ADAIDI TIRATION
REGION NINE
�•w., s'� CALIF01e1A 01VIi1011
980 -9th street, fulte 400
Sacramento, Callfmrnta 95814-2724
Mn. Jerry Baxter
Caltrans District 7
120 South Spring Street
Los Angeles, California 90012
Attention: Betty Cortney
Dear Mr. Baxter:
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September 23, 1994
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File: Sepulveda Tunnel
The Federal Highway Administration has been very involved on the
Inter - Agency Project Coordination Committee (IPCC). This ,
committee was established to oversee the demonstration funds that
were allocated in the 1987 to widen the Sepulveda Tunnel and the
additional $8.95 million dollars that have been allocated to
improve ground access along Sepulveda to downtown LA.
In order to effectively use these demonstration funds to improve
ground access, a better definition of how the funds can be used
is very important. Improvement of ground access in this area
could be defined in a variety of ways.
It is our position that the ISTEA demonstration funds, $8.95
million can be used for the following projects:
• Improvements to the to ramp into Los Angeles International
Airport (LAX) central terminal area from north -bound
Sepulveda
• Improved surveillance and placement of signs to divert
traffic away from Sepulveda tunnel.
• Widening Aviation Boulevard between Manhattan Beach
Boulevard and Arbor Vitae Street.
These improvements could greatly improve ground access. It is
our recommendation that the ISTEA funds be expended on the above
listed projects.
if you have any questions, please call Mary Gray at 916/551 -1310.
Sincerely yours,
j�tPeter,C. Markle
Acting Division Administrator
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 7, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
Staff time to promote the Opening Day activities for the El Segundo Station of the Metro Green Line
Approval of staff time only to assist in the promotional effort
The Los Angeles County Metropolitan Transportation Authority (MTA) has asked a number of organizations to
assist in marketing the Green Line (see attachment) The largest single event will be Opening Day scheduled
for July 15, 1995 The MTA Is forming Marketing Action Groups to coordinate the festivities comprised of
chambers of commerce, individual businesses, cities and community groups Locally, Hughes Aircraft, Mattel
Toys, United Airlines, ESEA and the El Segundo Chamber of Commerce have offered to assist in the promotion
of the El Segundo Station Recently, the City of El Segundo has been asked to assist as well The obligation
will consist of staff time only
Letter from MTA dated February 24, 1995
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested: -0-
Project/Account Budget:
Project/Account Balance: Date:
Account Number.
Project Phase:
Appropriation Required - Yes No
Date:
Director of Economic Development
/45�
W Morrison, City
1."
Los Angeles County
Metropolitan
Transportation
Authority
February 24, 1995
Mr. Paul Garry
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Mr. Garry:
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Congratulations to all of you who have joined with us to plan events for the opening
The marketing of the Green Line will be a huge success with all of your support
In order to facilitate your efforts, we will host a meeting of all of the South Bay
MAG groups to give you and your members an opportunity to talk about issues,
ideas and concerns as we plan for what promises to be the event of the year!
Friday, March 3, 1995
9:00 a.m.
MTA Central Control Facility
Imperial Highway, just east of Wilmington Avenue, Los Angeles
(Where the Metro Blue Line and Metro Green Line connect)
We will also tour the Central Control Facility. Please invite everyone in your area
who is interested in participating in the Green Line opening.
To RSVP, and if you have any questions, please call Sumire Gant at (213) 244 -7009
or Cathy Dickinson at (213) 244 -6280.
CALENDAR OF EVENTS
The calendar of events is constantly evolving, and will soon be expanded to include
an event on the western end of the line to give selected groups a chance to
experience the Metro Green Line first hand. It is anticipated that this event will take
place in May. PLEASE SAVE THESE DATES!
070
of the Metro Green Line. You are all definitely in good company! So far in the
818 West Seventh Street
South Bay, the following Marketing Action Groups (MAGs) have been formed to '�
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work with their respective cities*
Los Angeles, CA 90017
Lead Group
Station
Phone Number
21; q7z 6000
Redondo Beach Chamber
Redondo Beach /Marne
310/376 -6912
El Segundo Chamber
El Segundo /Nash Station
310/322 -1220
Mailing Address
South Bay Trans Forum
Manposa/Nash Station
310/252 -4538
Westchester /LAX Chamber
Aviation /I -105 Station
310/645 -5151
PO Box 194
Hawthorne Chamber
Hawthorne /I -105 Station
310/676 -1163
Los Angeles, CA 9005;
Inglewood Chamber
Crenshaw /I -105 Station
31016774121
Gardena Chamber
Vermont /I -105 Station
310/532 -9905
The marketing of the Green Line will be a huge success with all of your support
In order to facilitate your efforts, we will host a meeting of all of the South Bay
MAG groups to give you and your members an opportunity to talk about issues,
ideas and concerns as we plan for what promises to be the event of the year!
Friday, March 3, 1995
9:00 a.m.
MTA Central Control Facility
Imperial Highway, just east of Wilmington Avenue, Los Angeles
(Where the Metro Blue Line and Metro Green Line connect)
We will also tour the Central Control Facility. Please invite everyone in your area
who is interested in participating in the Green Line opening.
To RSVP, and if you have any questions, please call Sumire Gant at (213) 244 -7009
or Cathy Dickinson at (213) 244 -6280.
CALENDAR OF EVENTS
The calendar of events is constantly evolving, and will soon be expanded to include
an event on the western end of the line to give selected groups a chance to
experience the Metro Green Line first hand. It is anticipated that this event will take
place in May. PLEASE SAVE THESE DATES!
070
March 9, 1995 "MAG Mincer" for MAG groups along the Green Line to meet and exchange
ideas at Crowne Hotel in Redondo Beach from 5 to 8 p m..
March 17, 1995 St. Patrick's Day "Kick- Off toCountdown" event at Norwalk Station from
10 a in to 2 p in Unveiling of the wrapped train.
April 10, 1995 Car naming event at Metro Green Line Hawthorne Yard. Green Line cars
will be "named," meaning that placards that describe the cities and
communities along the Metro Green Line will be installed on 15 Green Line
train cars from 10 a m. to 12 noon.
April 22, 1995 Earth Day event involving children at several sites, including the Vermont/1-
105 Station near Gardena
May 22 - 26, 1995 Try Transit Week events focussing on ETCs and TMAs to encourage
employees to "TryTransit" and the Metro Green Line Live radio remote
broadcast from operating Green Line train with a major LA disc jockey
May Movie trailer premiere at AMC theatre TBD.
June "Green Tie" Charity Event at Hollywood Park (tentative)
Late June or July Opening Day on the Metro Green Line. Day long events sponsored by MAG
groups at all stations MTA ceremonial event will take place at
Imperial/Wilmington Station.
METRO GREEN LINE FUN MAP
Some of you have seen a sketch of the "Fun Map" that is being put together for the Metro Green
Line Many companies have purchased spots on the calendar at $1,000 each, and we hope that many
more of you will, too, within the next two weeks A minimum of 100,000 maps will be printed prior
to opening of the Green Line for distribution to the public These fun maps will be distributed on
Opening Day, and will also be reprinted as book covers for students, and as placemats in fast food
restaurants Exposure will be excellent, and we anticipate these maps will be very widely used,
besides being saved and displayed as keepsakes Don't miss out on your opportunity to put yourself
on the maps
As you can see, we have a lot of exciting events, and yes, hard work ahead of us, but we want to
make sure that we all get out of it much more than we put in by working together and supporting
each other We can begin to build the synergy on March 3rd, so please try to come, and bring anyone
else who wants to participate
Sumire t
Manager, Government & Public Affairs
South Bay
Catherine Dickinson
Communications Officer
Marketing Department
'0T1
EL SEGUNDO CITY COUNCIL MEETING DATE: 3/7/95
AGENDA ITEM STATEMENT AGENDA HEADING: City Manager -
New Business
AGENDA DESCRIPTION:
Cooperative Agreement between the City of E1 Segundo and the County
of Los Angeles for design and construction of Storm Drain Pump
Stations 15 and 19 improvements.
RECOMMENDED COUNCIL ACTION:
1. Authorize Staff to terminate the current City- Harris &
Associates agreement for design and construction
management services for the Storm Drain Pump Stations 15
and 19 improvements.
Authorize an appropriation of $ 165,205 from unallocated
Capital Improvement Program funds to finance the City's
commitment in the proposed cooperative agreement.
Approve the cooperative agreement and authorize the Mayor
to execute the agreement on behalf of the City.
BRIEF SUMMARY:
The adopted Capital Improvement Program includes $ 4,200,170 of
Capital Improvement Funds to finance a City project to design and
construct improvements to Storm Drain Pump Stations 15 and 19.
These improvements are intended to address the storm water flooding
problems in the Smokey Hollow area and in particular at the
intersection of Franklin Avenue and Arena Street. The proposed
work includes eliminating Pump Station 15, re- constructing Pump
Station 19 and its retention basin and constructing a gravity storm
drain system between the locations of Pump Stations 15 and 19.
Plans and specifications for this project have been 90% completed
by the consulting firm of Harris and Associates (Harris) . The
project was temporary halted while Staff investigated the
feasibility of dealing with the flooding problems in other ways.
On 5/17/94, the City Council approved a subsequent agreement with
Harris which provided for Harris to complete the construction
documents, provide geotechnical services, construction engineering
and project management for a not to exceed fee of
$ 395,235.
continued on next page......
ATTACHED SUPPORTING DOCUMENTS:
1. City- County Cooperative Agreement.
2. Vicinity map.
FISCAL IMPACT:
(Check one) Operating Budget: _Capital Improvement Budget: XX
Amount Requested: S 165,205
Project /Account Budget: S 4,365,375
Project /Account Balance: S 4,200,170 Date:
Account Number: 301 - 400 - 8205 -8303
Project Phase:
Appropriation Required: Yes XX No
3:
PW- CON. 414
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072
BRIEF SUMMARY: (continued)
At about the same time, the Los Angeles County Department of Public
Works initiated a project to construct a storm drain system along
Franklin Avenue, east of Arena Street. This system called the
"Arena Drain" was intended to discharge storm water to the City
project. Since the City project was not intended to be designed to
the more stringent County standards, the County informed the City
that it may discontinue its Arena Drain project due to potential
liability to the County from discharging storm water from a County
drain to a non - County standard City drain. Harris was notified on
6/30/94 by City Staff to stop work on the City project until a
resolution could be made regarding the potential problem.
Subsequent discussions with the County indicated that the City
would receive maximum flood control benefits by developing a single
project which would combine the County's Arena Drain project and
the City's Pump Stations 15 and 19 project. This combined project
would be designed by the County to County standards. The County
would also perform construction management, contract administration
and assume maintenance and operation responsibilities.
City and County Staff have together drafted a City- County
Cooperative Agreement to implement the combined project. The
agreement provides for the following cost sharing method:
CITY COUNTY
Design, construction engineering, -0- $ 552,900
contract administration (City project and
Arena Drain)
Construction cost $ 4,365,375 $ 472,500
(City project) (Arena Drain)
Maintenance of storm drain system, -0- Estimated
including Pump Station 19 $ 30,000 / year
Total. $ 4,365,375 $ 1,025,400 plus
$ 30,000 / year
mamtena= oosts
Funds budgeted in City's adopted $ 4,200,170
Capital Improvement Program
Additional appropriation needed to $ 165,205
satisfy City's commitment
The May 17, 1994 report to Council indicated the, then proposed,
project would cost the City an estimated $ 4,115,335. updating
this cost to 1995, the estimated project cost would be $ 4,280,000.
Realizing that we are dealing with estimates, the cost to the City
for having the County build the project is no different than if the
City constructed the original project. In addition, contracting
with the county ensures the construction of the County Arena Drain
project and transfers the continuing operation and maintenance of
both these storm drain improvements to the County.
The County has estimated that after execution of the cooperative
agreement, it will take approximately one (1) year to complete the
construction. It is estimated that project construction will be
completed by September, 1997.
The cooperative agreement has been approved by the City Attorney.
Staff is recommending City Council approve the cooperative
agreement, appropriate the additional needed $ 165,205, and
authorize termination of the current City- Harris agreement.
2 of 2 -
PW -CON 414 (2/28N5) 1 4 / 07
HARR% W STONE, D.mbr
February 23, 1995
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
Mr. Eduard Schroder
Director of Public Works
City of E1 Segundo
350 Main Street
E1 Segundo, CA 90245 -3895
900 SOUTH FREMONT AVENUE
ALHAMBRA CALIFORNIA 91803 -1331
Telephme (818)1584100
ADDRESS ALL CORRESPONDENCE TO
PO BOX 1460
ALHAMBRA, CALIFORNIA 91802 -1160
Attention Mr. Bellur Devaraj
Dear Mr. Schroder:
ARENA DRAIN AND EL SEGUNDO PUMP STATIONS 15 AND 19
STORM DRAIN DESIGN AND CONSTRUCTION AGREEMENT
W REPLY PLEASE
REFER TO FILE F -0
Enclosed are two originals and one copy of the proposed Agreement. If
acceptable, the Agreement should be formally approved by your City
Council. Upon execution, please return both originals to this
Department for further processing. The fully executed City original
will be returned to you upon approval by the County Board of
Supervisors.
If you have any questions, please
Mr. Dave Pilker, at (818) 458 -5196.
Very truly yours,
HARRY W. STONE
Directo of Public Works
JACK RYD
Supervising Civil Engineer III
Flood Management Group
DP. ad
ARENA3
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contact our Project Manager,
RECEIVED
FEB 2 41995
Public Works Department
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A a B E E M E H T
THIS AGREEMENT by and between the COUNTY OF LOS ANGELES, a
political subdivision of the State of California, hereinafter
referred to as "COUNTY," acting on behalf of the Los Angeles
County Flood Control District, a body corporate and politic; and
the CITY OF EL SEGUNDO, a municipal corporation in the County of
Los Angeles, hereinafter referred to as "CITY."
E I I H E E E E I H
WHEREAS, COUNTY is administering all matters for the
Los Angeles County Flood Control District pursuant to
Section 56 -3/4 of the COUNTY'S Charter and in accordance with
an Agreement approved on December 26, 1984, between COUNTY and
the Los Angeles County Flood Control District; and
WHEREAS, CITY has entered into a SETTLEMENT AGREEMENT,
hereinafter referred to as "SETTLEMENT AGREEMENT," with the
Natural Resources Defense Council, hereinafter referred to as
"NRDC," to settle differences regarding alleged CITY discharge of
pollutants into the Pacific Ocean; and
WHEREAS, SETTLEMENT AGREEMENT requires that CITY implement
storm water pollution prevention measures, including ability to
divert storm drain low flow to a sanitary sewer; and
075
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WHEREAS, CITY has requested that COUNTY disconnect and
remove CITY Pump Station 15, reconstruct CITY Pump Station 19,
construct a gravity storm drain in Franklin Avenue from Arena
Street to Standard Street and in Standard Street from Franklin
Avenue to Pump Station 19 in E1 Segundo Boulevard, hereinafter
referred to as "CITY ADDITION," and to own, operate and maintain
CITY ADDITION upon completion; and
WHEREAS, COUNTY proposes construction of Arena Drain in
Franklin Street from a point east of Sierra Street to Arena
Street; and
WHEREAS, COUNTY is willing to combine the design and
construction of CITY ADDITION with the design and construction of
Arena Drain, hereinafter referred to as "PROJECT "; and
WHEREAS, CITY is willing to fund the complete cost of
constructing CITY ADDITION.
NOW, THEREFORE, in consideration of the premises and mutual
benefits to be derived by both CITY and COUNTY and of the
premises herein contained, the parties hereto agree as follows:
(1) COUNTY AGREES:
a. To design, prepare specifications, advertise for
construction bids, award PROJECT, administer the
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construction contract, to do all things necessary to
complete PROJECT in accordance with said plans and
specifications, and to own, operate and maintain
PROJECT upon completion, except as noted in Section (2),
Paragraph e.
b. To .include in the design of PROJECT a system that will
keep storm water from coming into contact with soil
within the retention basin and pump station, a trashrack
with an electric rake, a floating oil boom and a system
to divert low flows into a sanitary sewer.
c. To submit draft plans, specifications and final
Engineer's Cost Estimate to CITY for review and comment
by CITY.
d. To prepare and obtain any necessary documents or
approvals required to comply with the California
Environmental Quality Act of 1970.
e. To obtain any necessary permits to construct, operate
and maintain PROJECT upon completion, except as noted in
Section (2), Paragraph b.
f. To submit to CITY, within 90 days after completion and
acceptance of PROJECT by COUNTY'S Board of Supervisors,
a statement showing the actual construction cost of CITY
ADDITION.
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g. To indemnify, defend and hold CITY, their officers,
agents, and employees free and harmless from any and all
claims for damage resulting or alleged to have resulted
from design, construction, operation, and maintenance of
PROJECT, except as noted in Section (2), Paragraphs b.
and e., and Section (3), Paragraph j.
(2) CITY AGREES:
a. To deposit with COUNTY, upon execution of this Agreement
and within ten days of receipt of the invoice therefor,
but not more than 30 days prior to advertisement by
- COUNTY of its construction contract for PROJECT, the sum
of $4,365,375 which is the estimated construction cost
for CITY ADDITION plus five percent for contingencies,
as described in Section (3), Paragraph a.
b. To obtain all necessary permits and /or letters of
permission for the connection of PROJECT and discharge
of low flows from PROJECT to a sanitary sewer including
the treatment of this discharge, to provide COUNTY with
copy of said permits and /or letters of permission prior
to advertisement of PROJECT for construction, to pay all
costs for obtaining and /or renewing said permits, to pay
all costs for treating said discharge, to accept
complete responsibility for said discharge and to
indemnify, defend and hold COUNTY, their officers,
n78
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agents, and employees free and harmless from any and all
claims for damage or liability resulting or alleged to
have resulted from said discharge.
c. To provide NRDC with copies of plans and specifications
for their review and comment, to incorporate their
comments with CITY comments and to provide COUNTY with
combined comments.
d. To provide COUNTY with easements necessary for the
construction, operation and maintenance of PROJECT.
e. -To operate and maintain a floating oil boom and to
maintain records regarding oil collection and disposal,
and to indemnify, defend and hold COUNTY, its officers,
agents and employees free and harmless from any and all
claims for damage or liability resulting or alleged to
have resulted from said operation or maintenance.
f. To cooperate with COUNTY in conducting negotiations with
and, where appropriate, issue notices to public utility
organizations and private owners regarding the
relocation, removal, operation, maintenance, etc., of
all surface and underground utilities, structures and
transportation services which interfere with the
proposed construction. where utilities have been
installed in public streets or on public property, CITY
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(3)
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will obtain the relocation of the interfering utility at
said owner's expense to the extent that CITY may legally
do so. CITY will provide COUNTY with necessary rights
of way and expedite no -cost permits for these utilities
when relocation is made necessary by construction of the
PROJECT.
CITY, where legally possible, upon request of COUNTY,
will give jurisdiction and grant, transfer, or assign
all prior rights over utility companies now and
hereafter when necessary to construct and complete
PROJECT.
IT IS MUTUALLY UNDERSTOOD AND AGREED:
a. That the CITY deposit, as described in Section (2),
Paragraph a., is based on the construction items shown
on Exhibit A and summarized as follows:
Total estimated cost of $4,157,500
CITY ADDITION
Plus contingencies (5%S) $207,875
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Grand Total Estimated CITY Cost $4,365,375
Deposit to be made $4,365,375
b. That COUNTY shall provide a final Engineer's Cost
k
Estimate for CITY ADDITION as stated in Section (1) ,
Paragraph c. CITY shall have the right to terminate
PROJECT after review of final Engineer's Cost Estimate
if said action is in the CITY'S best interest. CITY
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shall provide written notification to COUNTY within 20
days of receiving final Engineer's Cost Estimate of
CITY'S termination of PROJECT.
c. That CITY'S share of PROJECT shall be the sum of the
following costs:
1. Cost of CITY ADDITION based on the final measured
quantities and the unit prices in the contractor's
original bid.
2. One hundred percent of any and all unforeseen costs
incurred as a direct result of CITY ADDITION and
approved by CITY engineer.
d. That if, upon receipt of bids for PROJECT, the revised
grand total estimated CITY cost based on the unit bid
prices, as described in Paragraph a. of this Section,
exceeds by at least $50,000 the sum deposited with
COUNTY, CITY will, upon receipt of claim therefor,
deposit the difference with COUNTY. Conversely, if the
revised grand total estimated CITY cost is at least
$50,000 less than the deposit, COUNTY will, upon receipt
of claim therefor, refund the difference to CITY.
e. That COUNTY may use, at its discretion, the deposit
described in Paragraph a. of this Section, to pay its
contractor for constructing PROJECT.
f, ` 081
f. That, upon completion of PROJECT, if the final cost of
CITY'S share of PROJECT referred to in Paragraph b. of
this Section exceeds CITY'S deposit, as adjusted in
accordance with Paragraph c. of this Section, CITY will
upon receipt of claim therefor, pay to COUNTY the
additional amount within 60 days. Conversely, if the
final cost of CITY'S share of PROJECT is less than
CITY'S deposit, as adjusted in accordance with
Paragraph c. of this Section, COUNTY will refund the
difference to CITY within 60 days.
g. _That COUNTY shall have the right to reject all bids and
readvertise PROJECT, if said action is in the COUNTY'S
best interest. CITY shall have the right to inspect all
bids and to terminate PROJECT if the lowest responsible
bid exceeds the final Engineer's Cost Estimate by more
than 5 percent and said action is in the CITY'S best
interest. CITY shall provide written notification to
COUNTY within 20 days of receiving COUNTY'S determina-
tion of the lowest responsible bidder of CITY'S
termination of PROJECT.
h. It is mutually understood and agreed that COUNTY shall
provide contract administration for construction
contract and shall furnish an inspector, or other
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representative to perform the usual functions of an
inspector, and CITY may also furnish an inspector at no
cost to
COUNTY.
Said two
inspectors shall
cooperate and
consult
with each
other to
assure that the
contractor
constructs work that meets the plans and specifications
for PROJECT as approved by the CITY Council. The
COUNTY'S inspector or his representative shall be
responsible for communications with the contractor or
other person in charge of construction and the CITY'S
inspector shall communicate with the contractor through
the COUNTY'S inspector or as mutually agreed upon. It
is mutually understood and agreed that the CITY'S
inspector shall conduct a final inspection of PROJECT
after all PROJECT work is complete and before COUNTY
acceptance of the contract. Any work found not to meet
the requirements of the PROJECT plans and
specifications, including revisions thereto, all as
approved by the CITY'S engineer, shall be corrected
prior to final acceptance of the contract by COUNTY.
i. That CITY and COUNTY shall have no financial obligation
to each other under this Agreement except as expressly
provided herein.
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j. That this Agreement can be amended or terminated by
mutual consent of both CITY and COUNTY.
k. That if CITY terminates PROJECT as described in
Paragraphs b., and g., above, CITY will, upon receipt
of claim therefore, reimburse COUNTY 50 percent of
PROJECT design costs to be determined by COUNTY at
time of termination.
1. That during the design or operation and maintenance of
PROJECT, COUNTY shall retain the right to modify and /or
eliminate the electric rake and /or oil boom should
either, in the CITY'S and COUNTY'S opinion, prove to be
ineffective at preventing debris material and /or oil
from entering the ocean or it is shown that the elements
block flows and /or cause damage to pumps or inhibit the
safe operation of the pump station.
m. That CITY has the sole responsibility of satisfying
NRDC under terms of SETTLEMENT AGREEMENT including
negotiating any necessary amendments to SETTLEMENT
AGREEMENT.
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n. The term or phrase "contract administration," as used or
implied in this Agreement, shall include inspection,
estimating, project coordination, liaison, construction
surveys, materials inspection and testing, and general
quality control.
o. That in contemplation of the provisions of Section 895.2
of the Government Code of the State of California
imposing certain tort liability jointly upon public
entities solely by reason of such entities being parties
to an Agreement, as defined in Section 895 of said Code,
-the parties hereto, as between themselves, pursuant to
the authorization contained in Section 895.4 and 895.6
of said Code, will assume the full liability imposed
upon it or any of its officers, agents, or employees by
law for injury caused by any negligent or wrongful act
or omission occurring in the performance of this
Agreement to the same extent that such liability would
be imposed in the absence of Section 895.2 of said Code.
To achieve the above - stated purpose, each party
indemnifies and holds harmless the other party for any
cost or expense that may be imposed upon such other
party solely by virtue of said Section 895.2. The
085
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provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
p. That the provisions of any previous Assumption of
Liability Agreement heretofore entered into between
the parties hereto are inapplicable to this Agreement.
-13-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, by the CITY OF EL SEGUNDO on , 1995 and
by the COUNTY OF LOS ANGELES on
ATTEST:
JOANNE STURGES
EXECUTIVE OFFICER -CLERK
OF THE BOARD OF SUPERVISORS
m
ATTEST: -
DEPUTY
CITY CLERK
APPROVED AS TO FORM:
DE WITT W. CLINTON
County Counsel
w.4
1995.
COUNTY OF LOS ANGELES, acting
on behalf of the Los Angeles
County Flood Control District
BY
CHAIR, BOARD OF SUPERVISORS
M
MAYOR
APPROVED AS TO FORM:
City Attorney
1:
EXHIBIT A
Page 1 of 2
ESTIMATED PROJECT COST
DESCRIPTION OF WORK
I. CITY share of PROJECT (For the construction of CITY
ADDITION)
1. Pump Station
$2,000,000
2. Storm drain mainline, laterals
and catch basins
1,268,000
3. Street improvement to
facilitate drainage
25,000
4. Deepening the existing basin
575,000
5. Demolition of existing Pump
Station No. 19 and temporary
pumping
32,000
6. Screen and traveling rake
130,000
7. Generator and controls
15,000
8. Log boom
5,000
9. Sump pump and control
7,500
10. Installation and testing of
equipment
50,000
11. Disconnect and removal of
Pump Station 15
50,000
SUBTOTAL CONSTRUCTION
4,157,500
Contingencies (5!k)
207,875
TOTAL CITY CONSTRUCTION COST
$4,365,375
GRAND TOTAL ESTIMATED CITY COST
$4,365,375
1.,
EXHIBIT A
Page 2 of 2
II. COUNTY share of PROJECT
1. Construction of Arena Drain mainline,
laterals and catch basins
$450,000
SUBTOTAL CONSTRUCTION
450,000
Contingencies (5 %)
22,500
TOTAL COUNTY CONSTRUCTION COST
$472,500
2. Design and Contract Administration (12% of
SUBTOTAL CONSTRUCTION)
CITY ADDITION
$496,900
Arena Drain
54,000
TOTAL COUNTY COST OF DESIGN AND
CONTRACT ADMINISTRATION
$552,900
GRAND TOTAL ESTIMATED COUNTY COST
$1,025,400
III. GRAND TOTAL ESTIMATED PROJECT COST
$5,390,775
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 7, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: New Business and Reports -
City Councdmembers - Councilwoman Fnedkm
AGENDA DESCRIPTION-
Formation of a new Joint Powers Authority, the South Bay Cities Council of Governments, to facilitate projects
of subregional interest
RECOMMENDED COUNCIL ACTION:
1 Discussion and consideration of Joint Powers Agreement, form of Bylaws and proposed resolution
2. Read Resolution by Title Only
3. Adopt Resolution
BRIEF SUMMARY:
The purpose of the proposed new organization, the South Bay Cities Council of Governments, is to unify the
South Bay cities as a collective entity dealing with subregional and regional issues The proposed organization,
which will have an elected official from each city on the policy body, will be representative and, as such, will be
able to speak out on issues that transcend city boundaries In addition to providing a forum to express
collective sentiments, the Council of Governments will provide a vehicle for cooperation on projects of interest
to two or more of its member agencies
If the Council of Governments is formed and operating, the existing South Bay Cities Association and the South
Bay Corridor Steering Committee will be dissolved and the two organizations will be folded into the new Council
of Governments All proposed members of the Council of Governments are presently members of these two
existing organizations
ATTACHED SUPPORTING DOCUMENTS.
Proposed Joint Powers Agreement, South Bay Cities Council of Governments
Proposed Bylaws, South Bay Cities Council of Governments
Draft Resolution
FISCAL IMPACT:
None (Check one) Operating Budget: Capital Improv. Budget:
Amount Requested,
Project/Account Budget:
Project/Account Balance: Data,
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
ORIGIN TED: Date:
ounWlwoman Jane Friedkin
W Morrison, City Manager
(191
P4. -T- (
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
A JOINT POWERS AUTHORITY
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092
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10.
Section 11
TABLE OF CONTENTS
Recitals
Creation of Separate Legal Entity
Name
Purpose and Powers of the Council
a Purpose of Council ...
b Common Powers
c Exercise of Powers
Creation of Governing Board and General Assembly
a Creation of Governing Board .
b Creation of General Assembly,
Use of Public Funds and Property
Functioning of Governing Board
a Voting and Participation
b Proxy Voting
c Quorum
d Comnnttees
e Actions
Duties of the Governing Board
Roberts Rules of Order
Meetings of Governing Board ,
Election of Chair and Vice -Chair
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Section 12
Executive Director
Section 13
Designation of Treasurer and Auditor
Section 14
Duties of Treasurer and Auditor
Section 15
Designation of Other Officers and Employees
Section 16
Obligations of Council ,
Section 17
Control and Investment of Council Funds
Section 18
Implementation Agreements
Section 19
Term
Section 20
Application of Laws to Council Functions
Section 21
Members
a Withdrawal
b Nonpayment of Dues
c Admitting Eligible Public Entities,
d Admitting Additional Members
Section 22
Non - Interference with Function of Members
Section 23
Limitation of Ltabihty... .
Section 24
Dues of Members
Section 25
Disposition of Assets
Section 26
Amendment
Section 27
Incorporation by Reference
Section 28
Effective Date
Signature Page
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Exlubit A
Exhibit B
Extubit C
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Pt_ -5 -5
AGREEMENT
"SOUTH BAY CITIES COUNCIL, OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This Agreement ( "Agreement ") is made and entered into by and between the public
entities (collectively, "Members ") whose names are set forth on Exhibit A, pursuant to Section 6500 et
s—N of the Government Code and other applicable law
WITNESSETH
The parties hereto do agree as follows
Section 1 Recitals This Agreement is made and entered into with respect to the
following facts
a In 1977, a group of cities, commonly known as the South Bay Cities,
entered into that certain Joint Powers Agreement, Phase III (Implementation) South Bay Condor
(Transportation) Study in the County of Los Angeles (the "South Bay Corridor JPA') The South Bay
Condor JPA has subsequently been amended and extended so that the current membership consists of
the agencies whose names are set forth on Exhibit B The current termination date of the South Bay
Corridor JPA is June 30, 1998
b Histoncally, the South Bay Cities have also participated in an
unincorporated association known as the South Bay Cities Association The South Bay Cities
Association has played a valuable role in serving as a forum for the exchange of ideas and information
among its member cities, however, the growing need for the South Bay Cities to develop and
implement their own subregional pohcies and plans and voluntarily and cooperatively to resolve
differences among themselves requires a more representative and formal structure
c The public interest requires a joint powers agency to conduct studies
and projects designed to improve and coordinate the common governmental responsibihnes and
services on an area -wide and subregional basis The Members beheve that the existing South Bay
Condor JPA as presently constituted is inadequate to satisfy these purposes and that they might better
be satisfied through the establishment of a joint powers agency of broader scope, to be known as a
council of governments
d The public interest requires that such an agency explore areas of inter-
governmental cooperation and coordination of government programs and provide recommendations
and solutions to problems of common and general concern to its Members
e The public interest requires that an agency with the aforementioned
goals not possess the authority to compel any of its Members to conduct any activities or implement
any plans or strategies that the Member does not wish to undertake (except for the payment of dues)
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12/15/94
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f Each Member is a governmental entity established by law with full
powers of government in legislative, administrative, financial, and other related fields
g Each Member, by and through its legislative body, has determined that
a subregion( organization to assist m planning and voluntary coordination among the cities in the
South Bay is required in furtherance of the public interest, necessity and convenience
h Each Member, by and through its legislative body, has independently
determined that the public interest, convenience and necessity requires the execution of this Agreement
by and on behalf of each such Member
Section 2 Creation of Separate Legal EntitX A separate legal entity is
created within the meaning of Section 6503 5 of the California Government Code, this entity shall
exercise its powers in accordance with the provisions of this Agreement and applicable law
Section 3 Name. The name of this separate legal entity shall be the South
Bay Cities Council of Governments ( "Council')
Section 4 Purpose and Powers of the Council
a Purpose of Council The purpose of the Council is to provide a vehicle
for the Members to engage voluntarily in regional and cooperative planning and.coorduiation of
government services and responsibilities, to assist the Members in the conduct of their affairs It is the
express intent of the members that the Council shall not possess the authority to compel any Member
to conduct any activity or to implement any plan or strategy that the Member does not wish to
undertake (except for the payment of dues) The goal and intent of the Council is one of voluntary
cooperation among cities in the South Bay for the collective benefit of all
following powers
Common Powers The Council shall have, and may exercise, the
(1) Serve as an advocate in representing the Members of the South Bay
Cities at the regional, state and federal levels on issues of importance to
the South Bay Cities,
(2) Serve as a forum for the review, consideration, study, development and
recommendation of public policies and plans with subregional or
regional significance,
(3) Assemble information helpful in the consideration of problems peculiar
to the Members,
(4) Employ Member resources or presently - existing, single- purpose public
and pubhc/pnvate groups to carry out its programs and projects,
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(5) Explore practical avenues for voluntary intergovernmental cooperation,
coordination and action in the interest of local public welfare and
improving the administration of governmental services,
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities in the South Bay as they work toward
achieving planning goals,
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional issues,
(8) Serve as a mechanism for obtaifiing regional, state, and federal grants
to assist in financing the expenditures of the Council,
(9) Make and enter into contracts, including contracts for the services of
engineers, consultants, planners, attorneys and single purpose
public/private groups,
(10) Employ agents, officers and employees,
(11) Apply for, receive and administer a grant or grants under any regional,
state, or federal program,
(12) Receive gifts, contributions and donations of property, funds, services
and other forms of financial assistance from persons, firms,
corporations and any governmental entity,
(13) Lease, manage, maintain, and operate any buildings, works, or
improvements, and
(14) Delegate some or all of its powers to the Executive Director as
provided below
c Exercise of Powers The Council shall, in addition, have all implied
powers necessary to perform its functions It shall exercise its powers only in a manner consistent with
the provisions of applicable law, this Agreement and the Bylaws For the purposes of determining the
restrictions to be imposed on the Council in its manner of exercising its powers pursuant to
Government Code Section 6509, reference shall be made to, and the Council shall observe, the
restrictions imposed upon the City of Lomita
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Section 5 Creation of Goverrung Board and General Assembly
a Creation of Governing Board A Governing Board for the Council
( "Governing Board ") is created to conduct the affairs of the Council The Goverrung Board shall be
constituted as follows
(1) Designation of Governing Board Representatives The legislative
body of each of the Members shall designate one person as the Member's representative on the
Governing Board ( "Governing Board Representative ")
(2) Designation of Alternate Governing Board Representatives The
legislative body of each of the Members shall designate ont person as the Member's alternate
representative on the Governing Board ( "Alternate Governing Board Representative ")
(3) Eligibility No person shall be eligible to serve as a Governing
Board Representative or Alternate Governing Board Representative unless that person is, at all
times during the tenure of that person as a Governing Board Representative or Alternate
Governing Board Representative, a member of the legislative body of one of the appointing
Members Should any person serving on the Governing Board fail to maintain the status required
by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the
date such person ceases to qualify pursuant to the provisions of this Section 5, and the Member
shall be entitled to appoint a qualified replacement
b Creation of General Assembly A General Assembly for the Council
("General Assembly") is created to discuss issues and make recommendations to the Governing Board
All elected officials of the legislative bodies of all Members shall be members of the General Assembly
The Chair of the Governing Board shall be the Chair of the General Assembly A General Assembly
may be called by the Chair of the Governing Board or by a majority of the Governing Board
representatives
Section 6 Use of Public Funds and Property The Council shall be
empowered to utilize for its purposes, public and/or private funds, property and other resources
received from the Members and/or from other sources Where applicable, the Governing Board
of the Council may permit one or more of the Members to provide in -kind services, including the
use of property, in lieu of devoting cash to the funding of the Council's activities
Section 7 Functioning of Governing Board
a Voting and Participation Through its Governing Board
Representative, each Member may cast only one vote for each issue before the Governing Board
[An Alternate Governing Board Representative may participate or vote in the proceedings of the
Governing Board only in the absence of that Member's Governing Board Representative A
Governing Board Representative or Alternate Governing Board Representative seated on the
Governing Board shall be entitled to participate and vote on matters pending before the
Governing Board only if such person is physically present at the meeting of the Governing Board
ME
12/15/94
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PL. -X. S
and if the Member which that Governing Board Representative or Alternate Governing Board
Representative represents has timely and fully paid dues as required by this Agreement and the
Bylaws
b Proxy Votm¢ No absentee ballot or proxy shall be permitted
c Quorum A quorum of the Governing Board shall consist of not
less than fifty percent (50 %) plus one (1) of its total voting membership
d Committees As needed, the Governing Board may create
permanent or ad hoc advisory committees to give advice to the Governing Board on such matters
as may be referred to such committees by the Governing Board All committees shall have a
stated purpose before they are formed Standing committees shall remain in existence until they
are dissolved by the Governing Board Ad hoc committees shall be dissolved upon completion of
their designated functions Committees, unless otherwise provided by law, this Agreement, the
Bylaws or by direction of the Governing Board, may be composed of representatives to the
Governing Board and nonrepresentatives to the Governing Board
e Actions Actions taken by the Governing Board shall be by not less
than fifty percent (50 %) plus one (1) of the voting representatives of the Governing Board which
are present with a quorum in attendance, unless by a provision of applicable law, this Agreement,
the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry
a particular motion
Section 8 Duties of the Governing Board The Governing Board shall be
deemed, for all purposes, the policy making body of the Council All of the powers of the
Council, except as may be expressly delegated to others pursuant to the provisions of applicable
law, this Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and
through the Governing Board
Section 9 Roberts Rules of Order The substance of Roberts Rules of Order
shall apply to proceedings of the Governing Board, except as may otherwise be provided by
provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board
Section 10 Meetings of GoveminQ Board The Governing Board shall, by
means of the adoption of Bylaws, establish the dates and times of regular meetings of the
Governing Board The location of each such meeting shall be as directed by the Governing
Board
Section 11 Election of Chair and Vice -Chair The Chair of the Governing
Board shall conduct all meetings of the Governing Board and perform such other duties and
functions as required of such person by provisions of applicable law, this Agreement, the Bylaws
or by the direction of the Governing Board The Vice -Chair shall serve as Chair in the absence of
the Chair and shall perform such duties as may be required by provisions of applicable law, this
Agreement, the Bylaws, or by the direction of the Governing Board or the Chair
-5-
12/15/94
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PL-1. -I
such functions as may be required by provisions of applicable law, this Agreement, the Bylaws
and by the direction of the Governing Board
Section 15 Designation of Other Officers and Employees The Governing
Board may appoint or employ such other officers or employees as it deems appropriate and
necessary to conduct the affairs of the Council
Section 16 Obligations of Council The debts, liabilities and obligations of the
Council shall be the debts, liabilities or obligations of the Council alone No Member of the
Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the
Council, whatsoever 4
Section 17 Control and Investment of Council Funds The Governing Board
shall adopt a policy for the control and investment of its funds and shall require strict compliance
with such policy The policy shall comply, in all respects, with all provisions of applicable law
Section 18 Implementation Aereements When authorized by the Governing
Board, affected Members may execute an Implementation Agreement for the purpose of
authorizing the Council to implement, manage and administer area -wide and regional programs in
the interest of the local public welfare The costs incurred by the Council in implementing a
program, including indirect costs, shall be assessed only to those Members who are parties to that
Implementation Agreement
Section 19 Term The Council created pursuant to this Agreement shall continue
in existence until such time as this Agreement is terminated This Agreement may not be terminated
except by an affirmative vote of not less than fifty percent (501/o) plus one (1) of the then total voting
membership of the Governing Board
Section 20 Application of Laws to Council Functions The Council shall comply
with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M Brown
Act (Section 54950 g M, of the Government Code)
Section 21 Members
a Withdrawal A Member may withdraw from the Council by Sling its
written notice of withdrawal with the Chair of the Governing Board 60 days before the actual
withdrawal Such a withdrawal shall be effective at 12 00 o'clock a m on the last day of that 60 -day
period The withdrawal of a Member shall not in any way discharge, impair or modify the voluntarily-
assumed obligations of the withdrawn Member in existence as of the effective date of its withdrawal
Withdrawal of a Member shall not affect the remaining Members A withdrawn Member shall not
affect the remaining Members. A withdrawn Member shall not be entitled to the return of any funds or
other assets belonging to the Council, until the effective date of termination of this Agreement, except
that a withdrawn Member shall be entitled to the balance of the annual dues paid for the year by that
Member which were intended for the remaining part of that year Withdrawal from any
Implementation Agreement shall not be deemed withdrawal from the Council
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12/15/94
10
b Non - Payment of Dues If a Member fails to pay dues within three
months of the annual dues assessment as required under Section 23 of this Agreement and the Bylaws,
and after a 30 -day written notice is provided to that Member, the Member shall be deemed to be
suspended from this Agreement and the Council When a Member is suspended, no representative of
that Member shall participate or vote on the Governing Board Such a Member shall be readmitted
only upon the payment of all dues then owed by the Member, including dues incurred prior to the
suspension and during the suspension
c AdmittingEligible Public Entities Eligible public entities whose names
are set forth on Exhibit C to this Agreement ( "Eligible Public Entities ") shall be admitted to the Council
by 1) adopting tins Agreement by a majority vote of the legislative body of the Eligible Public Entity
and 2) properly signing this Agreement An Eligible Public Entity may be admitted regardless of
whether it adopted and signed this Agreement before or after the Effective Date (as defined in Section
28 of this Agreement) No vote of the Governing Board shall be required to admit an Eligible Public
Entity
d Admitting Additional Members Additional Members who are not
Eligible Public Entities may be admitted to the Council upon an affirmative vote of not less than fifty
percent (501/o) plus one (1) of the total voting membership of the Governing Board provided that such
a proposed new Member is a city whose jurisdiction, or part thereof, lies immediately adjacent to one
or more of the Eligible Public Entities Admission shall be subject to such terms and -conditions as the
Governing Board may deem appropriate
Section 22 Non - Interference with Function of Members The Governing Board
shall not take any action that constitutes an interference with the exercise of lawful powers by a
Member of the Council
Section 23 Limitation of Liability All agreements entered into by the Council
shall contain a hrrutation of liability provision, providing that, except as voluntarily assumed by a
particular Member, Members shall not be liable to employees, contractors and other third parties
Section 24 Dues of Members The Members of the Council shall be responsible
for the payment to the Council, annually, of dues in the amounts periodically budgeted by the
Governing Board, as and for the operating costs of the Council ( "Dues "), as provided in the Bylaws
Section 25 Disposition of Assets Upon termination of this Agreement, after the
payment of all obligations of the Council, any assets remaining shall be distributed to the Members in
proportion to the then obligation of those Members' obligation to participate in the funding of the
Council
Section 26 Amendment This Agreement may be amended at any time with the
consent of two- thirds (213) of all of the legislative bodies of the Members
In
1/26/95
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Section 27 ing=gration by Reference Each Exhibit to this Agreement is
incorporated into the Agreement by this reference, as though it were fully set forth in the body of the
Agreement
Section 28 Effective Date The effective date ( "Effective Date ") of this
Agreement shall be the first day of the first month following the date on which fifty percent (50%) plus
one (1) of the Eligible Public Entities adopt and sign this Agreement
That the Members of this Joint Powers Agreement have caused this Agreement to be
executed on their behalf, respectively, as follows
ATTEST-
City Clerk
APPROVED AS TO FORM
City Attorney
s \wmdwordl\data\law\sbcjpa doc (12/15/94)
City of
in
Mayor
12/15/94
103
0 �- _I -
.� =.
[List of Member Agencies]
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0 t- -T-1,
[List of Member Agencies in South Bay Corridor JPA]
Carson
City of Los Angeles
El Segundo
Manhattan Beach
Gardena
Palos Verdes Estates
Hawthorne
Rancho Palos Verdes
Hermosa Beach
Redondo Beach
Inglewood
Rolling Hills
Lawndale
Rolling Hills Estates
Lomita
Torrance
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P�- -;:-(5
EXHIBIT C
[List of Eligible Public Entities]
Carson
Manhattan Beach
El Segundo
Palos Verdes Estates
Gardena
Rancho Palos Verdes
Hawthorne
Redondo Beach
Hermosa Beach
Rolling Hills
Inglewood
Rolling Hills Estates
Lawndale
Torrance
Lomita
County of Los Angeles
Los Angeles (15th Council
District Representative)
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14�
Pl- - T • 16
BYLAWS
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
iV _ „i
The South Bay Cities Council of Governments (the "Council") is an agency
voluntarily established by its Members pursuant to a Joint Powers Agreement ( "Agreement ")
for the purpose of providing a vehicle for the Members to engage in regional and cooperative
planning and coordination of government services and responsibilities to assist the Members
in the conduct of their affairs. In addition, the Council will provide a regional organization
for the review of federal, state, and/or regional projects and studies that involve the use of
federal, state and/or regional funds, in various forms.
It is the express intent of its Members that the Council shall not possess the authority
to compel any of its Members to conduct any activities or implement any plans or strategies
that they do not wish to undertake (except for the payment of dues). The goal and intent of
the Council is one of voluntary cooperation among cities for the collective benefit of cities in
the South Bay.
Article I - Definitions
The terms "Agreement," "Alternate Governing Board Representative," "Council,"
"Govermng Board," and "Goveming Board Representative," as used in these Bylaws are
defined in the Agreement and those definitions are incorporated by reference.
Article II - Membership and Representation
A. Membership. Members shall withdraw from or be admitted to the Council in
accordance with Section 21 of the Agreement
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B Representation.
1. The Governing Board Representative and Alternate Governing Board
Representative for a Member shall be designated by a resolution of that Member's legislative
body
2. Names of Governing Board Representatives and Alternate Governing Board
Representatives shall be communicated in writing to the Governing Board by the appointing
Member
3 Governing Board Representatives and Alternate Governing Board
Representatives shall serve until a successor is appointed, so long as they otherwise remain
eligible.
Article III - Governing Board
A. Powers and Duties. The powers and duties of the Governing Board, subject to
the limitations of applicable law, the Agreement and these Bylaws, shall include:
1. All of the powers of the Council provided in Section 4 of the Agreement,
except as may be expressly delegated to others pursuant to the provisions of the Agreement,
these Bylaws or the direction of the Governing Board shall be exercised by and through the
Governing Board.
2 Making policy decisions and determining policy matters for the Council
3 Conducting the affairs of the Council.
4 Appointing, fixing the compensation of and removing an Executive Director
and other staff of the Council.
5. Annually reviewing the proposed Council budget and assessment schedule
and adopting an annual budget and an assessment schedule.
6. Appointing a Technical Advisory Committee, other standing committees
and, if necessary, ad hoc committees to study specific problems, programs, or other matters
the Council has approved for study.
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7. Acting upon policy recommendations, including policy recommendations
from committees.
B Meetings
1. Regular meetings of the Goveming Board shall be held monthly. Special
meetings of the Governing Board may be called by the chair. All meetings shall be called and
conducted, and an agenda posted, in accordance with the Ralph M. Brown Act, Government
Code Section 54950 et seq., as it now exists or may hereafter be amended. Members shall
direct their Clerks to comply with all notice and agenda posting requirements deemed
necessary by the Governing Board.
2 The time and date of regular meetings of the Governing Board shall be _
on the of the month. The location of each meeting shall be determined the preceding
month or by standing order of the Governing Board.
3 Council committees shall meet on the call of their chair or as otherwise
provided herein and in compliance with applicable law.
C Voting. Voting on the Governing Board shall be conducted as prescribed in
the Agreement. Voting may be either by voice or roll call vote. A roll call vote shall be
conducted upon the demand of five participating Representatives, or at the discretion of the
Chair.
Article IV - Executive Director
If an Executive Director is appointed by the Governing Body, the powers and duties of
the Executive Director shall be:
A Subject to the authority of and as directed by the Governing Board, to
administer the affairs of the Council.
B. Subject to the authority of and as directed by the Governing Board, to appoint,
direct and remove all employees of the Council and to retain consultants.
C Annually to prepare and present a proposed budget to the Board of Directors
and to control the approved budget.
D To serve as the Secretary of the Council.
-3-
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' nr,
P I. -I.-
E. To attend the meetings of the Governing Board.
F. To perform such other and additional duties as the Governing Board, these
Bylaws, the Agreement or applicable law may require.
In the event no Executive Director is appointed by the Governing Board, the
Chair shall perform the duties set forth in subparagraphs A, B, C, and F, above, and shall
appoint a Secretary of the Council.
Article V - Other Officers and Employees
A. Secretary. The Executive Director shall be the Secretary of the Council and
shall have no vote on the Governing Board. In the event no Executive Director is appointed
by the Governing Board, the Chair shall appoint as Secretary such other person as it deems fit.
The Secretary shall keep a record of all proceedings and perform the usual duties of such
office.
B Treasurer and Auditor. Pursuant to Section 13 of the Agreement, the
Governing Board shall designate a Treasurer and an Auditor of the Council: The Treasurer
and Auditor shall possess the powers of and shall perform those functions required by,
Government Code sections 6505, 6505.5, and 6505.6, and all other applicable laws and
regulations, including any subsequent amendments thereto. The Treasurer shall have custody
of all funds and shall provide for strict accountability thereof in accordance with Government
Code Section 6505.5 and other applicable laws The Auditor shall annually cause an
independent audit to be made by a certified public accountant, or public accountant, in
accordance with Government Code sections 6505 and 6505.6. The Treasurer and Auditor
shall perform all of the duties required in Government Code Section 6505 and following, and
such other duties as may be prescribed by provisions of applicable law, the Agreement, these
Bylaws or by the direction of the Governing Board.
C. Additional Officers and Employees. The Governing Board shall have the
power to authorize such additional officers and employees as may be appropriate. Such
officers and employees may also be, but are not required to be, officers and employees of the
individual Members. None of the officers, agents, or employees appointed by the Governing
Board shall be deemed, by reason of their employment by the Governing Board, to be
employed by any of the Members or, by reason of their employment by the Governing Board,
to be subject to any of the requirements of such Members.
-4-
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1 101
P 1- -Z -),C
D Bonding Requirement. The officers or persons who have charge of handle,
or have access to any property of the Council shall be persons designated as such by the
Governing Board. Each such designated officer or person shall be required to file an official
bond with the Governing Board, at the expense of the Governing Board, in an amount that
shall be established by the Governing Board. Should the existing bond or bonds of any such
officer be extended to cover the obligations provided herein, said bond shall be the official
bond required herein The premiums on any such bonds attributable to the coverage required
herein shall be appropriate expenses of the Council
E. Status of Members' Officers and Employees. As provided in Government
Code Section 6513, all of the privileges and immunities from liability and other benefits that
apply to the activity of officers, agents, or employees of any of the Members when
perfoiming their respective functions within the territorial limits of their respective public
agencies shall apply to them while engaged in the performance of any of their functions and
duties extratemtorially under tins Agreement.
Article VI - Technical Advisory Committee
The Governing Board may establish a Technical Advisory Committee ( "TAC ") for the
purpose of making recommendations to the Governing Board. If so established, the TAC
shall be composed of one city manager (or person holding the equivalent position, which
position differs only in title), or that city manager's designee, from each Member city. Each
Member's designee to the TAC shall be designated by a letter of the agency sent to the
Governing Board. The TAC shall select a chair by majority vote of its membership The
chair of the TAC shall sit as an ex officio member of the Governing Board and will make
recommendations directly to the Governing Board. A quorum of the TAC shall be one -third
(1/3) of its membership. The meetings of the TAC shall be held in accordance with the Ralph
M. Brown Act (California Government Code Section 54950 et sea.).
Article VU - Standing and Ad Hoc Committees
The Governing Board may establish Standing and Ad Hoc Committees. The Standing
and Ad Hoc Committees shall be for the purpose of developing recommendations to the
Governing Board. All Standing and Ad Hoc Committees shall have a written statement of
purpose, and the Ad Hoc Committees shall in addition have a written statement of charges,
before they are formed. The Chair shall recommend, and the Governing Board shall appoint
by a vote of fifty percent (501/o) plus one (1), the members to the Standing and Ad Hoc
Committees. Members to the Standing and Ad Hoc Committees shall be appointed for one-
-5-
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III
Pt,y - .21
year terns, or until the committee is dissolved, whichever occurs rust In malang
recommendations for members to the Standing and Ad Hoc Committees, the chair shall
consider regional representation. A quorum of a Standing or Ad Hoc Committee shall be fifty
percent (50%) plus one (1) of its membership. All Standing or Ad Hoc Committees (except
TAC) shall be chaired by a Governing Board Representative. The meetings of the Standing
and Ad Hoc Committees shall be held in accordance with the Ralph M. Brown Act
(California Government Code section 54950 et seg.).
Article VIII - General Assembly
A General Assembly may be called by the Chair of the Governing Board at any time
to discuss issues and make recommendations to the Governing Board. All elected officials of
the legislative bodies of all Members shall be members of the General Assembly. The
General Assembly is not required to meet. The Chair of the Governing Board shall be the
chair of the General Assembly.
Article IX - Budgets, Dues and Disbursements
A. Annual Budget. The Governing Board shall adopt a Budget annually prior to
July 1 of each calendar year. A vote of two-thirds (2/3) of the total voting membership of the
Governing Board is required to adopt or amend a Budget.
B. Budget Amendments. The Governing Board may at any time amend the
budget to incorporate additional income and disbursements that might become available to the
Council for its purposes during a fiscal year.
C. Fiscal Year. The Council shall be operated on a fiscal year basis beginning
on July 1 of each year and continuing through the succeeding June 30.
D. Accounts. All funds shall be placed in appropriate accounts and the receipt,
transfer, or disbursement of such funds shall be accounted for in accordance with generally
accepted accounting principles applicable to governmental entities and pursuant to
Government Code Section 6505 and any other applicable laws. There shall be strict
accountability of all funds All revenues and expenditures shall be reported to the Governing
Board.
-6-
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1 t H
P1. - -I -yo-.
E. Expenditures Within Approved Annual Budget. All expenditures shall be
made within the approved annual budget. No expenditures in excess of those budgeted shall
be made without the approval of a majority of a quorum of the Governing Board.
F Audit. The records and accounts of the Council shall be audited annually by
an independent certified public accountant, or public accountant, in compliance with
Government Code sections 6505.5 - 6505.6, and copies of such audit report shall be filed with
the State Controller and each party to the Council no later than fifteen (15) days after receipt
of said audit by the Governing Board.
G. Dues. The Members of the Council shall be responsible for the payment to the
Council, annually, of dues in the amounts periodically budgeted by the Governing Board, as
and for the operating costs of the Council ( "Dues "). Dues for the first partial fiscal year of the
Council shall be a pro rata amount of Fifty Dollars ($50.00) per month for each full month
between the Effective Date and the next ensuing July 1. Following the expiration of the first
full fiscal year after the effective date, sixty (60) days notice shall be provided to Members of
the date of the meeting at which Dues are to be determined for the following year. A vote of
two-thirds (2/3) of the total voting membership of the Governing Board is required to set the
annual dues.
H. Reimbursement of Funds. Grant fiords received by the Council from any
federal, state, or regional agency to pay for budgeted expenditures for which the Council has
received all or a portion of said fiords from the parties hereto shall be used as determined by
the Governing Board.
Article X - Amendments
Amendments to these Bylaws may be proposed by a Governing Board Representative.
The Amendment shall be submitted to the Goveming Board at a meeting at least one month
prior to the meeting at which the Amendment is voted upon A vote of two-thirds (2/3) of the
total voting membership of the Governing Board is required to adopt an Amendment.
&WATAVL AWBLAW "
-7-
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11II
P� --I - 2.3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ADOPTING THAT CERTAIN
JOINT POWERS AGREEMENT ESTABLISHING A
"SOUTH BAY CITIES COUNCIL OF GOVERNMENTS,"
AND APPROVING BYLAWS FOR THE SAME.
WHEREAS, since the 1970s a group of local public agencies commonly known as the
South Bay Cities have participated in an unincorporated association commonly known
as the South Bay Cities Association; and
WHEREAS, the South Bay Cities have also participated in a certain joint powers
authority commonly known as the South Bay Corridor JPA, pursuant to that certain
Joint Powers Agreement, Phase III (implementation) South Bay Corridor
(Transportation) Study in the County of Los Angeles; and
WHEREAS, these organizations have played a valuable role in serving as forums for
the exchange of ideas and information among the member agencies and for planning
and implementation of various transportation - related projects; and
WHEREAS, the local agencies' representatives to the South Bay Cities Association and
the South Bay Corridor JPA believe that the public interest requires a joint powers
agency possessing both a broader scope and a more formal structure to develop and
implement local subregional policies and plans and voluntarily and cooperatively to
resolve differences among member agencies; and
WHEREAS, the public interest requires that a joint powers agency with the
aforementioned goals not possess the authority to compel any of its member agencies
to undertake any activities or to implement any plans or strategies that a member
agency does not wish to undertake, other than the payment of dues; and
WHEREAS, the City Council of the City of El Segundo, California, now desires to
adopt and approve that certain Joint Powers Agreement establishing a "South Bay
Cities Council of Governments -(a Joint Powers Authority)" (the "JPA ") and Bylaws
for the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El
Segundo, California, does hereby approve and adopt the JPA, in the form attached as
Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of El Segundo, California,
does hereby approve and adopt the Bylaws for the JPA, in the form attached as
Exhibit B to this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of El Segundo, California,
does hereby authorize the Mayor to execute and the City Clerk to attest the execution
of the JPA and the Bylaws and further does authorize the City Clerk to deliver original
executed signature pages of the executed JPA and Bylaws, together with a certified
copy of this Resolution, to the City Attorney of the City of Torrance, California.
PASSED, APPROVED and ADOPTED, this 7TH day of MARCH, 1995.
Carl Jacobson, Mayor
City of El Segundo, California
ATTEST: (seal)
City Clerk
APPROVED AS TO FORM: c_CA-
City Attoineiy sS
70a n \resolute \sbccg 395 1 114
JAMES LISSNER
POST OFFICE BOX 264
MANHATTAN BEACH
CALIFORNIA 90267 -0264
I(il C0uAfe/L
,Ctty f1fl
C� s EC 6, ti'z� J-
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t% ���� `n/u. ��G!/�7�' y/ay��it�TS ✓s /� c �T -
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0
3224
Trial Judge'
Stuart R Po11aA
Counsel for Appellant
Curtis Ve Berner
Buell & Berner
101 California Street
22nd Floor
San Francisco CA 94111
Counsel for Respondents
Daniel E Lungren
Attorney General
Robert L Mukai
Chief Assistant Attorney General
Chariton G Holland
Senior Assistant Attorney Genera;
Stepharue Wald
Supervising Deputy Attorney General
Angela Botelho
Deputy Attorney General
455 Golden Gate Avenue
Suite 6200
San Francisco. CA 94102
EDUCATION
Daily Appellate Report Monday, March 14, 1994
9genc} Can oi,ty Recot ei the Dnert Cots
of Duplication in Providing CoptP. of
Public Docwn�entr
Cite as 93 Daily .Journal D A R 3224
NORTH COUNTY PARENTS
ORGANIZATION FOR CK11DRPN
WITH SPECIAL NEEDS
Plaintiff and Appellant,
v
CALiFORNIA DEPARTMENT OF
EDUCATION,
Defendant and Respondent
No D01669�
(Super CL No 628246)
California Court of Appeal
Fourth Appellate Distinct
Division One
Filed March 10 1994
APPEAL from a judgment of the Superior Court of
San Diego County,) Richard Haden, Judge, Judgment
reversed and case remarried
Charles µ olfinger for Plaintiff and Appellant.
Joseph R Symlowicl General Counsel, Roger D
Woiferu, Assistant General Counsel, and Carolyn
Pirillo, Deputy General Counsel, tot Defendant and
Respondent
The issue in this case e, whether the California
Department of Education (Department) is entitled to
charge its full cost of providing copies of public
documents which are requested un accordance with the
California Pubhc Records Act (Go Code.' 4 6250 et
seq )
North County ParenLs Organizatwn for Children
Vs ith Special Needs (appellant) is a nonprofit
tax- exempt corporation which provides advisory services
to parents of children with disabiliaeS Appellant assists
such parents in enforcing their rights to special
educational semces provided by state and federal laws
Parents seeking review of local school district action
rea-pecnng such services may lake advantage of an
appellate hearing process The decisions resulting from
this process are public records maintained by the
Department.
Appellant requested copies of all decisions rendered
to the last two years Department charged S25 per
page for furnishing the copies, rendering a total bill of
S12650 This charge not only covered the cost of
duplication of the documents, but also reunbursed
Department for staff time mvoived in searching the
records reviewing records for information exempt from
disclosure under law and deleting such exempt
information Department refused to reduce this charge,
and also refused to waive the charge upon the ground
that "there is no legal authority to waive such charges "
Appellant paid the charge and then brought this action
seeking miscellaneous relief,
The trial court ruled for the Department, finding that
section 6257 permits the Department to charge "the full
direct costs of duplication," and that the Department's
charge of S 25 per copy "was not in contravention of
section 6257 " The court made a wond ruling
penning to the potential of wailer of fees It ruled
that the Department had discretion to waive fees
Pursuant to section 6253 1, but that it was not requinxi
to waive fees and did not err in this case by refusing to
consider waiver Appellant contends both rulings are in
error
We agree with appellant, Section 6257 provides
that one who rg4w -Ms- copies of public documents must
pay statutory fee for, same, d there is one The
p es agree -there is none prescribed to this case
Lacking a statutory fee the cost chargeable is a "feeo
covering direct costs of duphcauon ' There seems to be
hole dispute as to what "dupbcate" means R means
t>2c
Daay appellate Report __ �_— - -- - --
'4ttutda}
)ust what wt. thought it drd before 1a,k�ng it up to maclune and.oncei',rbl> I the t inn's of the person
(See Black s Law Diet (ath ed 1968) p operating it "Direct cost" does not include the anti lacy
Wths[cr's Thad 8) P e.tsksnexcssanl) lusoctsteC with the retncsal, Inspection
MAC a copy �,( the films fruit whit Ujt
S93 { "to reproduce exactly "l. and hatdians
Internal Dtct (198 1) P 702 l'tu be or m Ike a
Sut.c worth „1 a cLuu.tGl
duputale, CO trams -nl'l 'I )
He a,;PrehenJ that t'.� cuW�'
statute arc to ire mter)xet�J aaordl'ig iu she u,�ial,
ht that the crtor was
oniuto. unpon of the languige emplooed m training also m error It may be lwag
hem" ((n n Aip t (1428) 203 Cal 711 737), we ether maAvcrtens or tnsrgufrcant However being
artmeni fo called upon hiTein to right wrung' will a �ght s� m
the DcP nwnl wC tomplet, 'al `.nk
onclude l7 N he cos4 chnrgeahlz by uuonxquenu,d to
ids FISI i S uhis one A, sUpu!aied by th p�Its the
furnishing these copies u the co »f Of cop) ing the 'e taco tticaux it dztzmttn.,d
There u no drkt greemu,f with ttic pru{nz)NOn U,at
i teal anioue�l tit U( uolC Dcpartlnem `cfu al to veal to do so 7T1c anal court,
the Depanment was Put t a B there was no legal cluded t irtrnenl did have
responding to appellants INuest, much of which had to the contrary, concluded that Ole Dap
nothing to do with WPYu'g ftxords were e,uched, the power to waive fe 2tung h ,UOn hls3 4 Tti.
for any material to b ec ueA
documents were read xthu91 gt'e' mi agen.' �rwct ,od, to .
,uch material was remo'ed i11cs were ef.,ed et. muumum sLUULud set forth u+ ttus
Nz wrnuunesprt,wmc tUt muJ, of in, l�$�)1 -I' ire lni itsel! which dllo'v greattr a.�e,s to te.ords than
t�cacnr*rd by ivntl conclutkJ that llus
but this is assuredl) riot the ;asz when we pre,umu that f enc ai waive or rcued its fees
the statute writers lhcmsefve) bureaucrats of a son provision pere its coup cp to Y
knew the ancillary costs of every thing govemrnenl does Provision permits an ag Y
They specilied, however, that the sole cf>arac should be We agrce A nducuon N cony fee pern�a) "g after
(s' trial Court then, howeit� Iuund no oMiganon
that for duphe�lon In 0,JZr to cLtnfy this lint ",f•un ntce,h" u, jI or ,
;he [a;gtslalurc added that the tee )huuld Ix the �difut
cost' of duplication Ob'tou)ly w ix etvluded Iron to reduce the fe and hence v actionable wrung by t
Of costs the ignores the (act that tht Deferment declined to axe else
his defmmon would be ' nLrect' cos s of dupLcauon Department Otu difficult) With this ruling u to u
which presumably would cov x the tYf>G'
discretion, contending it had none Fled the. Department
Department would like to fold into the charge
The parties to this appeal argue earnestly about this been
e tee, It ad�ght tuve done duw�� �'ehev� tCICIII c
Ipu`) consuferauons which should Sgto or 5 25
that die eves should be naurncd w the Dcp.�ment w uh
monletl1k)w dec 5100 (whether w arg instrucaotts to consider (but not necessarily to gnat tl the
t> l we do not reach these argumenu Clearly the
wary
Section 6258 provldcs ""Y P'r`u' ,'iu' tmu`utt
Lcgt�Wture could have pro'ided a dtffuent charge for request or ee `\, do i uau'- iz',� -� ui win `�t
op'mE it simply did not and the rea)oan LX� d ah� �h Pnkttd ng� for uiluncu)°
of nu mo•neni to the Ccu ul AP{v �tiytJate to enforce hl, ur hU right 'c uiitiifxt(iw,un
R Is 'hrlut<s and dues not ortbnartl, suer` rocerve a copy of anY public r%,ord
)unph uverp ' ro'ision and hence
then rationale come, wlthui ihr5 P
However, if our quick conclwron needs any dearllant's requests for vents, orders and dectarauons
u is easy to find in the statutory history of apps
The on nod wording are profxr we decline, however io gram such )fit it
bolsteMg ) the 4'l <,fTl�' t; Cnef:J the
this (e -setting provtsl9bb cnrnl471g§ tv� w,ndiat fLllef As indicated by
adopted m 1� (Sits to i9 ' 5 yi Dep,ulmcni will'uvely lolluw the L ve one. it is It,1'ised
"e reasonable fee could be charged pant is entitled w a de 131adun expense OI i gof
�Ci>�Ient lunued the,is�7 blchfee 1246 $ R )m}y` to tobt ^ Copies n IS 2350 entitled to our oj"Cchat the
than 5 10 per page
pe ar merit could waive this ❑�i il dice t.lLut tso
amendment in 1976 deleted "reasonable h e" and copying, m
the actual cost of prov iAing the cop} P
nsened Instead B, Rvs opoucsn ri jed t a
tStats 1976, ch S °..2, § 1 t Finally the alfig the
of the Statute w.0 adopted m 1981 62 w7) the fee to lbe tee a also e YPaidtuan dlo co,n txxu at vial
6257 y "fTtua a can the fee `t appellate level Paid'
statute (4 6259 sutxl (d))
the %%onto( cosh of duplication' l9 tees to
be seen that the trend has been w omit, rather than d contains All those marten tic t'c'I Jcierminenl to the
broaden the base upon which the fee may be calculated cont.uns authority for an award of attorney
A ,reasonable fee" or the "xival cost of ro tiling the t,I
which we wuuto e'Ikci u a false
cr,py' could bz interpreted to include the cov of all dit Intl .t» t)sunuug
'amts t.uks orerateA with locafutg and pulling tbt .t),unyri,im) that flit panics �annnt nitw r�,olic Neu
lih ucismg d
matonal etc when tht,se phrase' are depute b} 'upulauun
epla ed by the more re,tncuve phrase "direct costa Of DISPOSITION
dupbwuon " only
l one ccln the cost seems u P`)s the cope
direct cost of dip
3226
Dally Appellate Report
We reverse the judgment of the trial court and
remand the case for further proceedings in accord with
this opinion
FROEHLICH. 1
I CONCUR
WORK, Acting PJ
I All sraiuiory refen:nces are b the Goverrvncni Code
unless otherwise specified
HUFFMAN, J , concurring in part and dissenting in
pan
Although I agree with the majority that Government
Code section 6253 1 provides a public agency with the
discreuon to make fee waivers in appropriate cases, I
respectfully dissent from the conclusion of the majority
regarding the scope of the statutory tern "direct costs of
duplication " (§ 6257 ) Although the monetary amount
involved in this appeal is small, the question presented
as to allocation of the direct costs of duplication of
public records between requestors of such records or the
taxpayers is of material importance in this era of
straitened public finances Interpreting section 6257 de
novo within the context of the Public Records Act (§
6250 et seq ) (the Act) and on the record presented, I
would conclude that the statutory term "direct costs of
dupbcation" was intended by the Legislature to include
not only the actual per page copying cost, but also the
costs directly resulting from the acts necessary to
prepare the public record matenal to make it available
to the requesting party in an appropriate form Such
preparation may, in my view, include the tasks directly
related to duplication, such as searching for appropriate
records, "sanitizing" or redacting the material to
segregate out statutorily exempt information, and then
providing the pubbc records in a prepared form
A few more facts than those set forth by the
majority are helpful to an understanding of my position
on this issue Respondent California Department of
Education (the Department) is the state agency
responsjble for ensuring that local school districts
provide appropriate special education services As pan
of its duties, the Departmenl conducts administrauve
hearings on appeals by parents contesting local school
district decisions about their children's rights to special
education services North County Parents Organization
for Children with Special Needs (Appellant), a nonprofit
corporation and association of parent volunteers
requested copies of all decisions issued m SULh
administrative hearings during 1987 and 19M a
^,r ry rvl .
,, _
Monday, March 14, 1994
In response to Appellant's request, the Department
assigned a staff analvst to reply to the request by
searching individual case files for the hearing decisions,
reviewing them for information exempt from disclosure
under the Act (names of students and parents), deleting
the names and copying decisions, and then refilang the
original decisions The Department then sent Appellant
the requested copies of decisions with a bill for
$126 50, hued on the rate of 25 cents per page for 506
pages Appellant paid the charge under protest, asking
the Department either to reduce the charges to 10 cents
per page or to waive them altogether because Appellant
is a nonprofit group using the decisions to provide free
advice to parents about their rights under applicable
special education laws The Department responded that
the charges covered staff costs for locating the records
(two hours), reviewing the records for exempt
information and then deleting it (one and one -half
hours), and then copying the five hundred six pages
twice, once from the original and once with the
whited -out or "samtued" copy (three hours) Costs for
operating the copy machines and for postage were also
ijicurred
Section 6257 provides as follows "Except with
respect to public ra,ords exempt by express provisions
of law from disclosure, each state or I" agency, upon
any request for a copy of records, which reasonably
describes an idenuftable record, or information produced
therefrom, shall make the records promptly available to
any person, upon payment of fees covering direct costs
of duplication, or a statutory fee, if applicable, Any
reasonably segregable portion of a record shall be
provided to any person requesting such record after
deletion of the portions which are exempt by law'
(italics added)'
The trial court gave broad scope to the fees
provision of this section by ruling the Department was
permitted to charge parties requesting records "the full
direct costs of duplication " Review of this
determination, according to rules of statutory
interpretation, involves the resolution of a question of
law de novo on appeal (Shippen v Department of
Motor Vehicles (DMV) (1984) 161 C d App 3d 1119,
1124, Los Angeles County Safety Police Assn v
County of Los Angeles (1987) 192 Cal App 3d 1378,
1384 ) Although construction of statutory language is
unnecessary where the language is clear and
unambiguous, rules of statutory Interpretation must be
applied where there is ambiguity or conflict in the
satutory Language, or where a literal ,onstrucuon would
lead to absurd results (Sluppen v DM-V, supra, at p
1124 ) The statutory tern "direct costs of duplication"
is subject to more than one interpretation and must be
considered ambiguous
"Aaordingly we are compelled to engage in
statuiory construction, giving wordy their usual
1.
3227
pally ppPellate Report
or, h l4, 1994 tall it as established that the Act uicludes a policy
Monday. based on the of overnment and hmitauon of
common sense mearung eat favonng the efficiency g
ordinary and the appar Its costs se of the Act
the Legislature used and was enacted h the evident Purpci the
language which the statute Moreover. although of m[onnauon by giving
pucposc for ascertain the intent of the is to increase
o{ the ess to in m he P°2 Cal 3d
se (Citation 1 as to effectuate the PurPoupra 161 public maximum a CBS, Inc v Block (1986)
rslatiire n v, DMv, of public agencies ( mformauon s not
w • [Citation 1" {Shrppe such acr.ess to
1124) Q,a6, 651 -652), example, section b254 et
Cal APP 3d at p unlimited under the Act For ties of Information that
statutory language must be seq defines a number of categreQuests for records are
Stated difterentlY, Ind the statutory t from d>xfosu'T , Act thus places both The keeping in rt same are exempt vainu
a1 in context, subject to those cons finu10III constra tits upon
construed tmenu relating to subj some
purpose, and statutory d w the extent P° substantive and See ACLU, 43
ect must be harm to meat &Housing CO, disclosure o{ public recor of Eq
subl Emp Y 451; Slate Bd ualr7auon v Supcnor
(pyna•Me,d, Inc v Farr 1387) "Where uncertainh C,d 3d at p 4th i177, I l91 )
(1987) a3 Cal 3d 1379, ven to the consequences Coon (1992) 10 Cal APP lion 6257 fefemng
ion should beg interpretation I would read the language of sec
exists should particular ltcanon" with this backRiound
that wil l flow from of the statute and ect costs ec dip of the statute,
Illative h scary ent may to the, To effectuate the Purlx se
iC tation } Both the leg In mind slaturc, a court Is
the wider lustoncai circumstances a its lsiabve Intent of the statute
ascertaumg the leg word according to the Intent Of
be considered m ","the meaning of a U-d to look first its usual. ordinary
ibid.) Further, the language to eatery
lCitauons 1" ( eA by reference to the object t�mselves, giving w svble,
tnlarged or restrain (Citations l" impon and according sl8nrficutce, if u�rsuance of the
may n which it is used °' and sentence to P
word, Phrase q cons ruction mock ng some words
°i the whole clause to the v Fair
old at P 1391, fn 14) Section 6257 according slauve purpose a-A1W,
leg Inc
The ma)onty reads e (In rc Alpine surplusage its to be avoided " PYn 43 Cal 3d at pP-
n" of iu language to meat &Housing Com • supra, Pion 6251 are
wual ordinary 731 37), without benefit of Citation ve Emp Y ovisrons of sec
(1928) .A3 Cal explanation 1 1386 -1387 } The fee provisions records, which
of much In the way of explan U e Act u of uest for a copy record or
authonty retation of clue activated by "any re4 an identi fiable
some background of interl interpretation q " (§ 6257) UP °0
ce in this staniwry Union reasonably dro�duc (l therefrom, e the rceads
assistan can Civil L berries mformauon p agency must mock proviso that
Appellant relies Oil an (ACLU) {1982) 32 Cal 3d request. the with the (n
v peukm J recognized such a q
Foundation s costs Promptly available to any PersPortion of a record shall
400 4511,51, m which the Supreme Court agency reasonably segregablc Portion
[� provided w any Per$0° requesting $uch record after
that under secucn 6255 of the Act, fit rmation from ' (alnY
viewing and deleting exemp account ruons which art exempt by suggesting
for ro n which may be taken In w deletion of the W In this statute
a burden tion 6255 creates Thus, there are two clauses s edit ed or be records are disclosure of records Sec can Justify must in some case
to requ,ng which an agency that public records beln made available w the
a balancing test by records by showing "that on otherwise prepared before g
losure of requested {eQuestor (1} The records may consist r mf anau(2}
nondisc icular case the public Interest served identifiable rx0 d
public clearly outweighs the produced from an may be provided in the form of
the Facts of the ph record p record." t Informatio°
by not making disclosure of the none fe$able Portion of the records The
public interest served by n the case before us has any reasonably seg ware that there might
Although neither Ply a Section b255 (seam h, review,
the issue as requiring Legrslaturc thus showeuon of records
presented rind les of ACLU, supra, be a need for PrePar, could be made aPPr0Prtately
balar+cmB test, die general Principles
ed here: we are required w and deletion) before theY in costs
440 may be app whole uestor, and that accompany g
32 Cal 3d enactments as s available to the req sts might be considerable,
related statutory Corn . Incurred Such w matenA contained
read v Fair gmPloYment &Housing would be nested
(�yna -Med, Inc. Section 6255 "imposes °n for example, if the requested uugation•rclated
1381 ) ncrits personnel matters or c} (k} } I see t o
supra 43 Ca13d at p a duty . to weigh ar c .. Pnvlteg m all
ui each p hula, g this documents (See 4 6254, subds ure
the Caii,15 o coins at the I eglslature intended that
and costs of disclosure
, A court Pe reason to ass um625.3 1) cans• taxpayers, rather than
ACl t .supra, at p [o take into account any nonwwver (§ nr the full direct costs of
balancing test is authory m Segregating requesting Parties• should �' ordS under the Act
expense and fnconvemence form ti ausc the co us o{ public ice of ambiguous.
exempt infomiadon, asses public duplicating P lan uage u uncertain that
non-exempt from exempt
Interest " where statutory 8 given to the
statutory �rTO p efficiency of government
concern
with the cost and l3 P 453) We may his consideration should ' 8 see (ij
(ld 31 p 453, also
t7
3228
Daily Appellate Report
will flow from a particular interpretation ICitatlon )'
(Dyna Med, Inc v Fat Employment & Housing Con)
supra 43 Cal 3d 31 p t3h7 ) The financial
consequences of Appellant's position are potentially
considerable in this era of public agency budget deficits
1 Wieve that the Legislature's references to the
"information produced" from a record and the
'reasonably segregable portion" of records which may
be produced show that in this context, the Legislature
intended that the meaning of the wad "duplication"
should be enlarged by reference to the object of the
whole clause in which it Is used (Id at p 139 t, fn
14 ) It thus should include the tasks directly related to
duplicating the material as prepared for release, in
accordance with the limitations unposed by the Act
Dicta in a recent opinion by the Second District,
Division Three, in County of Los Angeles v. Superior
Court (1993) 18 Cal App 4th 588, 600 -601, suggests
that in section 6257, the Legislature "has provided only
for recovery of duplication costs by the agency
involved This is a restriction which is both reasonable
and appropriate where the mandatory disclosure is
limited to current records of contemporaneous activity,
but totally unreasonable and inappropriate where both
generation and compilation of information from
historical archives is required " (Id at p 601 ) I find
support for my position on section 6257 in this quoted
language, since selecting and preparing the records
requested by Appellant for disclosure required someone
to compile those records and then edit (hem for
disclosure Such preparation was directly related to
duplicating and making the copies available and w ti not
free of agency expense
Moreover, for purposes of interpreting the fee
provision in section 6257, it is not proper to place too
much weight upon the identity of the requester of the
documents the Act does not differentiate among those
who seek access to public Information (e g a requestor
who is a commercial entity, intending to use the
material obtained for commercial purposes, and a
private party who seeks public information) (State Bd
of Equalization v Superior Count, supra, 10 Cal App 4th
at p 1190) In State B& of Equalization, the court
refuted any interpretation of the Act which would give
less deference to commercial users, as opposed to
private parties, and adhered to its previous statement in
Shippen v DMV, supra 161 Cal App 3d at pages
114 -1127 that access to bulk records by Commtscual
users may be circumscnbcd by reasonable wndntons
regarding format and price (State Bd of Equdli.ntion
supra, 10 'Cal App 4th at p 1191 ) I believe that "dn
interpretation of "direct costs of duplication" as
including directly related search, compilation, review,
and deletion expenses is consistent with the principles
of State Bd of Equalization, as allowing aaess to
public records to be circumscribed in appropriate
instances by reasonable conditions regarding format and
Monday, March 14, 1994
pn�e I therefore dissent from the majority opinion on
this point
HUFFMAN, J
L All statutory refercncea are w the CoNunrnent Code
unlus oehcrwue specified
? Appellant had made a sundar request for a one and
cne half year period ember, and had been provided a copy of
four decisions (twent) pages in total) for which the
Department charged no fee Appellant then requested copies
of all hcanng CICCISIOnS 6om other nearby school districts for
,a Lhree -year period, and was told a representative should come
to Sacramento to inspect and select the decisions needed,
copra of which would then be provided at the rate of ten
cents a page Appellant declined to take this route, based on
the coed of travel and because the 1,0 cent per page charge was
exccssoe in In, view
3 It is agreed that no statutory (ee applies to tlya case
CRIMINAL LAW
-kND PROCEDIIRF
Unrestricted Probation Search Condition
- applies to Seiirth ofl\evada Prubatiunet
Under Ca'iio7mi Svperr -,ton
Cite as 93 Daily Journa: D A R 3228
THE PEOPLE,
Plaintiff and Respondent
v
SYLVIA DINAH REED,
Defendant and Appellant
No 0015689
(Super Ct Nos CM001587
& CM001681)
California Court of Appear
Third Appellate Dlstncl
March 10, 1994
APPEAL from a judgment of the Superior Court of
Butte County Ann H Rutherford, Judge Affirmed
Lusda M. Leavitt, under appointment by the Court
of Appeal, for Defendant and Appellant
Daniel E Lungren Alto"ney Genera). George
t.