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1995 SEP 19 CC PACKET-1CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Govt Code 54956.9(b): 33 potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Govt Code Section 54956.9(c): - matters. DISCUSSION OF PERSONNEL MATTERS (Govt Code Section 54957). 5 CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Govt Code Section 54957.6) Bob Hyland, Human Resources Director, Re:General Employee Association, Supervisory and Professional Employees, Executive Management and Mid- ManagementlConfidential and Part-time Temporary Employees; City Manager REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City B sines Only - 5 mirwte limit) ADJOURNMENT POSTED: DATE q 3 c) S TIME NAME 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 may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans wish Disabilities Act, if you need special assistance to participate in this meting, please contact City Ctedr, 607 -2208. Notification 48 howl prior to the meeting will enable the City to make reasonable anangemnts to enswe accessibility to this meting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 19, 1995 - 7:00 P.M. Next Resolution # 3939 Next Ordinance # 1238 CALL TO ORDER INVOCATION - Rev. G. Kevin Taylor, Saint Michael's Episcopal Church PLEDGE OF ALLEGIANCE - Councilwoman Friedkin PRESENTATIONS Proclamation of the City of El Segundo declaring the week of September 18 -24, 1995 as "Pollution Prevention Week" and urging all citizens and businesses of the City to participate in local and regional activities, working together to plan for a prosperous and sustainable future. ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Request by El Segundo Chamber of Commerce for City support for "Leadership El Segundo," including the same level of staff support as last year and use of the City 3. Request by Doris Bissaillon of Dory's Landing for Council permission to block off a portion of Standard Street between the driveway into the Coast Federal Bank parking lot and the driveway into the Thrifty parking lot (without blocking through traffic) from noon -8:00 p.m. on September 30, 1995, for a fundraiser, "Boston Tea Party." All proceeds will go to the El Segundo High School Band to buy additional instruments, band uniforms, or music Recommendation - Inasmuch as the letter request was submitted too late to prepare a staff report for the Agenda package, an oral staff report will be given at the meeting on September 19, 1995. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1. Open Public Hearing on an Ordinance of the City of El Segundo, California amending Title 5 (Business Regulations and Licensing) of the El Segundo Municipal Code to add a new section 5.08.527 regarding specific license fees for parking lot operations. Estimated annual revenues to be collected is $17,000. Proper public notice has been made by the Finance Department. including notification of all known operators Recommendation - 1) Open Public Hearing. 2) Discussion. 3) Close Public Hearing. 4) Approve Option B. 5) Introduce Ordinance. 6) Read Ordinance by title only. C. UNFINISHED BUSINESS - 1. Council to select date for discussion workshop with representatives of SCCC, SCE, Hughes and large business power users in our local economy on the concepts of purchasing power at lower cost and the merits of joining SCCC to participate in cost reduction measures being proposed through the JPA Recommendation - 1) Select date (between Oct. 14 -31, except Oct. 17 and Oct. 21 -23); and 2) Advertise workshop and contact interested persons or businesses. 2. _Approval of revised Policies Procedures and Guidelines for El Segundo Community Cable Recommendation - Approve the revised Policies, Procedures and Guidelines for El Segundo Community Cable. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Appointments of two candidates to the El Segundo Public Library Board of Trustees, made by the City Council on Monday. September 11 1995 Recommendation - Announce the appointments of Thomas G. Coonan and Gerry Preciado to each serve a three -year term expiring June 30, 1998. F_ dYnNCFNT A!_rl NrlA 2. Warrant Numbers 225020- 225137 on Demand Register Summary Number 10 in total amount of $81,433.79, and Wire Transfers in the amount of $221,939.46. 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; and wire transfers from 08/27/95 to 09/10/95. 3. City Council meeting minutes of September 5 and September 11, 1995._ Recommendation - Approval. 4. Results from bid process for the sale of one (1) 1978 Crown "Quint" 75' Telesauirt Fire Truck. Recommendation - Accept the highest bid from Northeast Fire Apparatus Inc. for $16,767.93. 5. Underground Utility District No. 4 for Sepulveda Boulevard (State Highway Route 1) between Rosecrans Avenue and El Segundo Boulevard Recommendation - Set date of Public Hearing for October 17, 1995. 6. A Resolution of the City Council of the City of El Segundo authorizing an application to Caltrans for Transportation Enhancement Activities (TEA) funding for sidewalks in the area north of the Douglas Street Metro Green Line Station Recommendation - Adopt Resolution. 7. Request Council to co- sponsor the Sixth Annual Roger's IOK Run, approve street closures. Fiscal Impact- $1,835 (budgeted) Recommendation - Approve co- sponsorship of the event. 8. Agreement providing for a three year Memorandum of Understanding between the City of El Segundo and the Service Employees International Union, AFL -CIO, Local 347, General Employees Association Bargaining Unit. Fiscal impact: $77,196 annualized total compensation cost. Funds are available in the City's 1995 -96 fiscal year budget for the 1.64% salary increase Recommendation - Approve the agreement Adopt Resolution. 9. Resolution adopting the three year Memorandum of Understanding between the City of El Segundo and the California Teamsters Public, Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees Bargaining Unit. Fiscal Impact: $21,136 annualized total compensation cost. Funds are available in the City's 1995 -96 Fiscal Year Budget for the 1.64% salary increase Recommendation - Approve Resolution. 10. Proposed Executive Management and Mid - Management /Confidential Salary Adjustment. Fiscal Impact $45,239 annualized total compensation cost. Funds are available in the City's FY 1995 -1996 Budget for the 164% salary adjustment. Recommendation - Adopt Resolution. CALL TEEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 1. Authorize the City Manager to enter into Indemnification/Hold Harmless Agreements between the El Segundo Fire Department and Police Department and El Segundo property owners for the exclusive purpose of Fire and Police Department training (contains amended language). T �J � G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedldn - NONE Councilman Robbins - 1. Announcement of a series of free workshops for small business owners and managers, as well as prospective entrepreneurs, funded by the City and given by the Small Business Development Center, to be held at City Hall Council Chambers beginning September 27, 1995. 2. Discussion and possible action relating to the School District's decision to evict Girl Scouts from use of Madsen House facilities. Councilman Switz - NONE Mayor Pro Tern Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et sec.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., September 19, 1995 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: NAME: PROCLAMA`T-ION by The City Council of the City of El Segundo State of California WHEREAS, the City of El Segundo supports a clean and safe environment for its residents; and WHEREAS, pollution prevention is an approach to environmental protection that focuses on waste prevention, and is therefore a preferable strategy for protecting our environment; and WHEREAS, pollution prevention can increase industrial efficiency and save businesses money; and WHEREAS, pollution prevention offers both environmental protection and increased economic competitiveness; and WHEREAS, by focusing attention on pollution prevention, the City of El Segundo will meet the challenges of the 90s for economic competitiveness and environmental protection; and WHEREAS, Pollution Prevention Week is an opportunity for government, industry, and environmental organizations to recognize the potential of pollution prevention and to work together to} lan for a prosperous and sustainable future. NOW THEREFORE, be it resolved that the City Council of the City of El Segundo does hereby proclaim the week of September 18 -24, 1995 as POLLUTION PREVENTION WEEK and g does hereby urge all citizens and businesses of the City to par�icipgte in cal and regional celebratory and educational activities. Dated: September 19, 1995 Carl Jacobson, Mayor Liam Weston, Mayor Pro Tern Michael D. Robbins, Councilman Richard J. Switz, Councilman Jane Friedkin, Councilwoman ® R' a9 �® ®v SL -1' 1 � lyyb August 28, 1995 GM MANAGWa 4FF10E Mayor Carl Jacobson & City Council Members 350 Main St. El Segundo CA 90245 Dear Mayor Jacobson: The El Segundo Chamber of Commerce would like to continue its Leadership El Segundo program designed to develop leaders with a strong sense of community and knowledge of leadership opportunities. Thank you for placing the subject on the Sept. 5, 1995 City Council agenda for consideration. City participation is a key ingredient in this program. As you know, the program is open to anyone interested in contributing their particular skills to the betterment of the community. We seek participants representing a balanced mix of occupations, race, sex, age, religion, organization affiliation and income level. The fee is $300. Completion of a class project to benefit the community is part of the program. Our vision is to help create "an energetic, thriving community whose dynamic image and economic strength attracts quality businesses and industry; is unified through its citizens; leads in academic achievement; and is governed with honesty and integrity." For this 1995 -96 year, we are requesting the same level of staff support that we received last year. We propose to focus on City government at sessions on Fridays, Oct. 6, Oct. 20 and Nov. 3, hopefully in Council Chambers at City Hall. Subsequent sessions on "Economic Development," "Downtown and Small Business," "Social, Library and Recreation Services" and "Cable Studio Programming" would also involve City staff but would be held elsewhere. The Chamber of Commerce would like to offer two scholarships to City employees endorsed by the City Manager. We would appreciate the Council's "green light" for these sessions involving City staff and facilities. We also invite you to attend any or all of our 15 class meetings during the year. Sincerely, ` 1 r Z Lo. �� �`o �c-r Nancy Cobb, Chair EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322 -1220 • FAX (310) 322 -666 St. Anthony Church 710 E. GRAND AVENUE EL SEGUNDO. CALIF. 902413 September 10, 1995 E1 Segundo City Manager 350 Main Street E1 Segundo, CA 90245 Deat -City Manager, R E C E I V r D SEP 111995 CCOC MANAGER'S OFFICE This is to inform you that St. Anthony's will again be holding its annual carnival on the Parish grounds. The dates this year will be November 3, 4, & 5, 1995. The hours will'be 5 -11 P.M. on Friday, Noon to 11 P.M. on Saturday, and Noon to 9 P.M. on Sunday. This year, we will be having Dwayn DeBow Apollo Amusements. He has worked with E1 Segundo City Officials for the past five years supporting this event. We will not require any special police involvement other than normal duty looking in on the carnival from time to time. I will arrange for the necessary permits from the Building and Fire Departments as last year. The charges for a permit and electrical permit may be waived by action of the City Council. I am again this year asking the City Council to do so again for us at it's next meeting on September 19, 1995. In addition, in accordance with a new ruling, I am re- questing the City Council to approve our obtaining our 3 -day Liquor License for this event. If you have any questions regarding the upcoming carnival, please feel free to call me at (310) 643 -8622. Thank you for your cooperation and support. Sincerely, Sharon Puchalski Carnival Chairman St. Anthony's Parish cc: Building Department 8E C E IVE[} ��U���� 1�0� ��*°��"+=,�~ CITY. MANAGER'S WFFICk TO: HONORABLE MAYOR AND EL SEGUNDO CITY COUNCIL 350 MAIN STREET EL SEGUNDO, CA" 90245 DEAR HONORABLE MAYOR AND EL SEGUNDO CITY COUNCIL, 5EPTEMBER 10, 1995 On Saturday, September 30th, Dorys Landing in Fl Segundo, is holding it's First Annual "BOSTON TEA PARTY" As a Fond Raiser for the EL SEGUNDO HIGH SCHOOL BAND. The proceeds of this "BOSTON TEA PARTY" will be donated to the El Segundo High School Band to buy additional instruments, band uniforms, or music scholarships. We would like to request permission to close off Standard Street directly in front of Dory's Landing" The area that would be blocked would he between the driveway into the Coast Federal Bank parking lot and the driveway leading into the Thrifty parking lot. It would be approximately 100 feet" We would not he blocking through traffic, because they could drive through the Bank and Thrifty parking lots. The time we would need the area would be from 12AM TO 8PM. ~ The purpose for needing the above area blocked, would he for the El Segundo High School Band, A Scottish Band, And A Jaz Band, to play in the street at different intervals. Tickets are available at Dorys Landing and from members of of the E.H.S. Band for $5^00 each, A ticket will include: a serving of Shepherds Pie, a sausage roll, ice cream, & a choice of three kinds of tea. In addition, one end of the ticket will be used for the Raffle Drawing. The local F.S. merchants have donated the raffle prizes and they are listed on a board in front of Dorys Landing. Winners need not be present, because their names and phone numbers are on the raffle stubs. We would like to invite the Honorable Mayor, and City Council to participate in this worthwhile fund raising cause becuse our E.H.S. Band needs to repair old instruments as well as buy new ones. It would enable any student to take band class, without the costly expense of renting or buying an instrument, Respectfully, DORYS LANDING 226 Standard St. Fl Segundo, Calif. 90245 PHONE: (310) 640~7744 HOME: (310) 322-5413 DORY'S LANDING Presents: (The Ist- Annual) Sal-urdoy, Sept-ember 30th from 12 PM TO CLOSE. ALL TROCEEDS -WILE G0,4TO Tia n sviulyw 111G]t soo0c DA ND. ililwkilwl M ME . 1010 IMCCUDES: *Shepherds Pie *Sausage Rails *Ice Cre4m *An -Array of Different Teas. . JAZZ BAND PIPE BAND FORTUNE TELLER STREET BAND PICTURES TAKEN RAFFLE DRAWINGS HOURLY DOOR PRIZESIDONATED, BY LOCAL MERCHANTS. YDtJR,?-T S.'EARLY AS SAIJ w L I L BE LIMITED- -FUN QWT MISS THE ARE. NOW AVAII, T VS -W U I EL SEGUNDO CITY COUNCIL MEETING DATE: 0911911995 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Open Public Hearing on an Ordinance of the City of El Segundo, California amending Title 5 (Business Regulations and Licensing) of the El Segundo Municipal Code to add a new section 5.08.527 regarding specific license fees for parking lot operations. Estimated annual revenues to be collected is $17,000. Proper public notice has been made by the Finance Department, including notification of all known operators. RECOMMENDED COUNCIL ACTION. 1. Open Public Hearing. 2. Discussion. 3. Close Public Hearing. 4. Approve Option B discussed below. 5. Introduce Ordinance. 6. Read Ordinance bv title onlv. BRIEF SUMMARY: The Municipal Code calls for all businesses not specifically mentioned or classified to pay a business license fee per the general business license rate schedule section 5.08.020. This schedule calls for business license fees to be based on the number of employees and the square footage of space used for business purposes. Square footage used for business purposes has been interpreted and enforced as office work areas. Under the current license structure, parking lot businesses usually pay a minimum license tax which is relatively small for the size of the business and impact on traffic when compared to other businesses. Parking lots, in the past, were generally interpreted as a good sign for the City's economy, because it meant that businesses operating or coming into El Segundo were labor intensive and thus had to maintain parking spaces for their work force. However, in recent times, there has been an excess of unused parking spaced due to various reasons related to the changing economic times. This has lead to the expansion of businesses primarily providing parking spaces for a fee, with much of the business coming from overflow parking of the airport area. A brief survey conducted by City staff has identified nine (9) parking lots charging average fees of $.75 per 20 -30 minutes to a maximum of $6.00 per day. These nine businesses represent approximately 1,700 parking spaces. Each parking space averages 96 square feet for a total of 163,200 square feet. If these spaces were to be interpreted as used for business purposes, the business license fee to the City would be approximately $45,000, as compared to the $963 we currently collect per the basic license fee. The $45,000 collected would represent a burden on each parking space of slightly less than $26 per year. By way of comparison, each parking space has the potential of earning $2,190 per year, assuming 365 days per year at $6 per day. If a vacancy factor of 50% is assumed, each space would still generate over $1000 per year. It is clear that changing the definition of parking space to business purpose space would not be advisable because this change would cause an excessive financial burden on existing businesses when computing their business license fees due to the City. The issue of parking lot business licensing is not addressed by most of the smaller cities in the area, but it does not appear to be a problem in those cities. Many other cities have a gross receipts tax and thus the business fees collected area factor of the income generated. The City of Los Angeles charges a surcharge on the parking fees and thus makes the business entity a conduit for collecting and remitting the revenues to the City, similar to the Transient Occupancy Tax concept. However, this process would create additional administrative problems primarily in the areas of control and auditing these revenues. Staff reviewed approaches similar to existing methods the City uses in the collection of business license fees, and recommends Option B. Option A - One approach used for hotels and motels would start with the initial basic fee of $107 and would provide for licensing the first 25 spaces /rooms. Beyond that, each 25 parking space increment would add an additional $200 to the basic fee. Since there has been 9 parking lots identified with the individual parking spaces ranging from 60 to 350 spaces, the aforementioned rates would generate $13,200 per year. Option B - Another method to consider would be to establish a flat fee per space. As approximately 1,700 spaces have been identified, a flat fee of $10 per space would generate $17,000 per year. Both methods mentioned above are relatively easy to administer. ATTACHED SUPPORTING DOCUMENTS: Copy of proposed Ordinance amending Title 5 of the El Segundo Municipal Code. FISCAL IMPACT: Approximately $17,000 of additional Business License Tax Revenue (Check one) Operating Budget: Capital Improv. Budget:_ Account Number: 001- 300 -0000 -3305 "GINATED BY. Date: 9- 12 -95 ORDINANCE NQ AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TTTLE 5 (BUSINESS REGULATIONS AND LICENSING) OF TIME EL SEGUNDO MUNICIPAL CODE TO ADD NEW SECTION 5.08.527 REGARDING SPECIFIC LICENSE FEES FOR PARKING LOT OPERATIONS. VdMWAS, Title 5 of the El Segundo Municipal Code licenses all business for revenue purposes to support a general level of services which the City Council considers minimal for the protection of public health, safety, and welfare; and VVHEREAS, Title 5 of the El Segundo Municipal Code specifically spells out the business license fee for certain businesses under specific section of the Code; and WHEREAS, Title 5 of the El Segundo Municipal Code requires all businesses not called out specifically to pay a business license fee per the general business license fee section 5.08.020; and VAMFAS, there have been a number of new businesses established in El Segundo which operate parking lots for vehicles and which also provide shuttle service from that parking lot to other locations; and WHEREAS, the general business license section of the El Segundo Municipal Code deals specifically with employees and office space, and thus does not lend itself to the licensing of parking operations. NOW TMUTORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOILOVVS: SECTION 1. Section 5.08.527 shall be added to the El Segundo Municipal Code to read as follows: 115.08.527 PARKING LOTS. Every person engaged in the business of operating a parking lot for vehicles which is open to the public generally and which also provides shuttle service from the parking lot to any other location shall pay a business license tax of Ten Dollars ($10.00) per parking stall per year. The business license tax imposed by this section shall not apply to the number of stalls, if any, occupied on a regular basis by employees of the business or by tenants of the building which is serviced by the parking lot." SECTION 2. This ordinance shall become effective January 1, 1996; however City Council reserves the right to review and adjust the rates, percentages and amounts set forth herein at any time after the operative date. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause to same to be entered in the book of original ordinances of the City of El Segundo; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within the City of El Segundo and which is hereby designated for that purpose. EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Council to select date for discussion workshop with representatives of SCCC, SCE, Hughes and large business power users in our local economy on the concepts of purchasing power at lower cost and the merits of joining SCCC to participate in cost reduction measures being proposed through the JPA. RECOMMENDED CO . 1) Select date (between Oct. 14 -31, except Oct. 17 and Oct. 21 -23); and 2) Advertise workshop and contact interested persons or businesses. BRIEF SUMMARY: At its meeting on September 5, 1995, Mayor Pro Tem Weston placed an item on the agenda for discussion with regard to a JPA for electric power and other uses. It was decided by Council that the City Manager submit suggested dates for holding a workshop discussion meeting to include members of the public, representatives of SCCC, SCE, Hughes and other large business power users in our local economic. In order to give us time to advertise the workshop, I have suggested that it be held between October 14 and October 31, 1995. October 17 is a regular City Council meeting, October 21 is the Richmond Street Fair, and October 22 - October 24 is the League of California Cities' annual meeting in San Francisco. ATTACHED SUPPORTING None. y63a_10 IT, I7e (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Fiscal Year Project(Account Budget: ProjectfAccount Balance: Date: Account Number. Project Phase: Appropriation Required - Yes X No_ EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Approval of revised Policies, Procedures and Guidelines for El Segundo Community Cable. RECOMMENDED COUNCIL ACTION: Approve the revised Policies, Procedures and Guidelines for El Segundo Community Cable. In April 1995 the El Segundo Community Cable Advisory Committee submitted to the City Council an updated draft of the Ell Segundo Community Cable Statement of Purpose and Rules and Regulations. At that time Council discussed the revised version, noted several desired changes, and sent the document back to the Committee for further review. After spending a considerable amount of time dissecting the document and incorporating changes along with wordage suggested by the City Attorney's office to protect the City against possible program and /or user liability, the Ell Segundo Community Cable Advisory Committee has developed this final draft. NOTED CHANGES ARE: 1. Simplifying language throughout the document in an effort to make it more readable. 2. Changing all gender references from he /she, and himself /herself, to HE. 3. Adding a statement to the end of the document explaining that El Segundo does not discriminate based upon gender, race, etc. 4. Adding a reference to Subpart G of the Federal Communication Commission Cable regulations regarding political candidates use of cable television systems. 1. Policies, Procedures and Guidelines for El Segundo Community Cable. 2. Subpart G of the Federal Communication Commission Cable Act of 1984. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No_ Jim creaQo7r—a-nTPkks Director DRAFT ATTACHMENT 1 OS S.OR EL BEGIINI>A C42¢MUNITY CEHLS 27�uzcs staggered, Four (4) year terms. Revised by ESCCAC 8 -1 -95 iz FUNCTIONS OF THE COMMITTEE A. To foster the development of Community Programming of interest to E1 Segundo residents. 1. To assess, review and make recommendations regarding the adequacy of Community Access equip- ment and facilities. 2. To make recommendations regarding such things as, but not limited to, program variety and content. 3. To review and modify the complaint resolution process as needed. B. To promote usage and viewership of Community channels. 1. To create maximum interest in local events, people, places, and issues via community cable television. 2. To provide E1 Segundo residents, businesses, and organizations an opportunity to produce and par - ticipate in community television. 3. To encourage the education of E1 Segundo students in community television programming and produc- tion. 4. To encourage and support the production of quality programs of interest to residents of E1 Segundo. 5. To develop and recommend a promotion plan to enhance channel usage and viewership. 6. To review effectiveness of outreach efforts. 7. To provide effective volunteer and intern recruitment efforts. Revised by ESCCAC 8 -1 -95 2 I. EL SEGUNDO COMMUNITY CABLE (ESCC) RULES AND REGULATIONS 4; pregran eentinue is limited te ensuring that 2. All programming , ";subject to approval for airing over ESCC by ! tr"CC Supervisor, using Statement of purpose, ESCC Rules and Regulations, and current station programming schedules as the criteria. B. Prohibitions 1. Presentation of the following material on ESCC Channels 22 and 7 is strictly prohibited: a. Obscene (California Penal Code Sec. 311) or indecent material (FCC vs. Pacifica Founda- tion, 438 u.s. 726) b. Any lottery, or any advertisement or infor- mation concerning any lottery C. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation of money or other things of value, unless specifically exempted hereunder. d. Political endorsements of candidates or issues. e. Any material which constitutes libel, def- amation of individuals, companies, busines- ses, or governmental entities, slander, invasion of privacy, publicity rights, unfair competition, and violation of trademark or copyright, which violate any local, state, or federal law. Revised by ESCCAC 8 -1 -95 C. Authorizations 1. All users are responsible for the content of their program and for obtaining all rights necessary to cablecast any program material on the system. All users are responsible for providing proof that they have obtained in writing all necessary approvals, clearances, licenses, etc. for the use of any program material which the user cablecast, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers' representatives, all perseas appearing in er referred to in program material-, and approvals that may be necessary to transmit program material over the cable television system. D. Community Programming 1. All producers of Community Programming must adhere to section II "ESCC User Guidelines" and Section III "Eligibility ". All programs are to be locally produced through the use of the local community programming studio. t Format Requirements 1. All videotapes submitted to ESCC for programming must be supplied on a 3/4" videotape and meet videotape standards: no other format will be accepted. F,.d: ` Length of Programs 1. Programs scheduled in half hour time slots must not exceed 28 minutes. 2. Programs scheduled in hour time slots must not exceed 58 minutes. 3. Programs exceeding 58 minutes will be scheduled according to available Channel air time. Logistics 1. All tapes used for ESCC cablecast must be clearly labeled with title, date of production, name of User address and phone number. Both tape and container must be labeled. Revised by ESCCAC 8 -1 -95 4 Delivery and Return of Tape 1. All users must personally deliver and pick -up their own videotapes. Videotapes will be kept for a three (3) month period after the date submitted. After that time, the videotape(s) will be disposed of or recycled. 4-. Reservation of Rights 1. Technical Quality a. ESCC reserves the right to reject videotapes which in its discretion do not meet technical standards. 2. Children a. ESCC reserves the right to schedule or reschedule programs in consideration of children in the viewing audience, and may require viewer discretion tags at the begin- ning and end of each program. 3. Sponsorship Any program which is funded, sponsored or under- written, in part or in full, by any individual, business or non - profit organization shall credit that support in the following manner: "This program was made possible with funds pro- vided by " (name of sponsor.) No other address, slogan or other descriptive phrase may be used. This acknowledgement of sponsorship will run for a minimum of 10 seconds at the beginning and end of each one -half hour program with an additional 15 seconds run allowed in the middle of hour long programs. The only audio allowed in this announcement is a voice -over reading of the above sponsorship acknowledgement. Political Programming It is the policy of the E1 Segundo Community Cable (ESCC) Section to accept for airing, programming containing political subject matter as long as it adheres to all existing guidelines in the ESCC Rules and Regulations, and Wffikgi sue ; ;< cnac ati canaiaaLes ana /or issues involved are given equal access and opportunity to the proposed format. Revised by ESCCAC 8 -1 -95 II. ESCC USER GUIDELINES A. User Requirements 1. Users are expected to produce programming which will appear on ESCC. All community producers will be required to submit a ,....t.... Program Proposal form be ore production approval. In the course of such productions, a user of ESCC shall never represent to any other party that hefske, or any other person involved, officially represents ESCC in any manner. Violation of this rule wilt' render the user to immediate forfeiture of all privileges. 4-rSr Sefore certification, the scheduling of channel time or operation of any equipment, all persons will be required to attend a Video Production Workshop and sign a Statement of Compliance. Fail- ure to sign and adhere to the terms of the State- ment of Compliance will result in the forfeiture of privileges to use ESCC. Q- Indemnification 1. Users must agree to defend, indemnify, and hold harmless the ESCC Advisory Committee, the City of E1 Segundo Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of the Operating Policies and Procedures, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. The user must understand that hefske may be criminally or civilly liable for performing or producing such material which is cablecast. The user must agree that hejehe shall not represent himself; * ===__° or any other person involved in ESCC cablecasting or production as an employee, representative, or agent of the ESCC Advisory Committee, the City of E1 Segundo, or Paragon Cable. D Ownership 1. All video tapes used for Community access produc- tions are the property of ESCC. Producers may obtain 3/4" or VHS copies of programs at the rate posted on the dub rate sheet. Producers may not promise guests free copies of their program, however extra copies are made available at the stated rates. Revised by ESCCAC 8 -1 -95 City Licenses Business license under the E1 Segundo Municipal Code and other applicable permits or licenses may be required of the user. III. ELIGIBILITYpA, OS8} EBf.'C FAGIL86i SViPFSIi'1! A. Residents b:..:... 1. Any person using ESCC ' .�.�.. ;,, . y be required to provide proof of` residency in the City of E1 Segundo. B. Non - residents Persons who are authorized representatives of an E1 Segundo based non - profit organization may use ESCC for the purpose of cablecasting programming. In all cases where non - resident individuals re- quest use of ESCC? a written authorizat a, it a ion 'dorm;' signed Q the " identified member of the institution or organization must be provided. Verification will be conducted by ESCC. Any other non - residents will not be granted access to or use of the station. C. Minors (Persons under the age of 18) 1. Permission a. Minors using ESCC must have on file a signed Parental Consent form. The parent or guard- ian who signs the form assumes responsibil- ity for any liability arising from the minor's use of ESCC facilities and /or equip- ment. 2. Use a. Certified minors may work in the studio but portable equipment may only be checked out with the empressed written permission of a parent or legal guardian. 3. Limitations Revised by ESCCAC 8 -1 -95 7 D. Refusal of Service 1. ESCC reserves the right to suspend or revoke the privilege of any user of ESCC who appears to be under the influence of alcohol or drugs; who interferes with the orderly conduct of business; who refuses to cooperate with or in any way mis- treats ESCC employees, interns or volunteers or what would be considered abuse of said parties; who has misused equipment; failed to return it on time; who has violated any rules found in this document; or has in any other way abused the privilege of using ESCC. E. Nondiscrimination 1. The community programming channels, equipment and facilities shall be made available on a first come, first served nondiscriminatory basis, except for ESCC approved priority cablecasts. Only those programs which meet the E1 Segundo programming criteria as set forth herein and in the E1 Segundo Municipal Code shall be cablecast. IV. SCHEDULING POLICY A. ESCC Control 1. The ESCC Supervisor reserves the right to schedule all community programming on a nondiscriminatory basis and shall on a regular basis select specific programming, evaluate the day and hour scheduling for programs and prioritize production and cablecast scheduling for upcoming community events of widespread interest. Revised by ESCCAC 8 -1 -95 8 V. A. Definition 1. Any person or persons wishing to protest decisions made by the ESCC Supervisor (i.e. in regards to playback scheduling, production scheduling, refusal of program due to content or length, or any conflict arising in question to the ESCC rules and regulations) may file a grievance and request a hearing before the ESCC Advisory Committee. a. It is not the ESCCAC004 place to censor program content. Ita, s the responsibility of the ESCCAC to review protests and decide if the program in question is in compliance with the Rules and Regulations. Programs can only be accepted or rejected in whole. The ESCCAC is prohibited from editing the work of any program which is submitted to it. However, the producer, at his or her discretion may L re-edit and resubmit the program for airing. Sit D e eens J -.� l . es outlined abeve ' 1 also apply te the Reereatlen and Parks Streeter and City— seamell, sheuld additienal B. Protest Procedure(s) 1. ESCC Advisory Committee a. Any applicant wishing to file a protest must submit a detailed report regarding the com- plaint, along with any ESCC forms involved with the dispute to the ESCC Supervisor no later than two (2) weeks prior to an upcoming ESCC Advisory Committee meeting. The applicant will then be placed on the follow- ing meeting's agenda at which time the applicant may present hisf4ier said case. b. If any protest is received by ESCC Supervisor prior to airing of any program that is the subject of protest, the program may still be shown at the discretion of the ESCC Supervisor and subject to approval by the Recreation and Parks Director. if apprepriate by the - __..__.,_ An emergency ESCC Advisory Committee meeting may be called to assist on the final decision by either the ESCC Supervisor, Recreation and Parks Director or Chairperson of the ESCCAC. Revised by ESCCAC 8 -1 -95 9 Director of Recreation and Parks a. Should applicant wish to proceed with a grievance following an ESCC Advisory Commit- tee decision, hefske may do so by submitting Committee reviewed documents, along with Committee findings to Recreation and Parks Director for further review. b. Upon presentation of grievance, the Director of Recreation and Parks will be granted up to a two (2) month reviewing period, after which time the Director may render his final decision. E1 Segundo City Council a. Should applicant wish to proceed with a grievance following the Director of Recre- ation Parks decision, hefehe may do so by submitting all reviewed documents and find- ings to the E1 Segundo City Council for final review. The City Council by eenseneae ,;'; can decide to either review the y matter; or let the Recreation and Parks Director and /or ESCCAC decision stand. b. Upon presentation of all grievance paperwork, the City Council will have a two (2) month minimum reviewing period, after which time the City Council will render the absolute final Q ? 51 grievanee-reeemmendatien. r:__,_:::_:.;.__ in not more than four (4) months. Revised by ESCCAC 8 -1 -95 10 VIDEOTAPE TECHNICAL STANDARDS A. All tapes must be 3/4" U -matic cassettes. B. Active video should be between 7.5 and 100 IRE. C. Chrominance must not exceed 80 %. D. Sync and blanking portions of the video should be R.S. 170 standard. E. Playback leader requirements must be as follows: 1. Thirty (30) seconds color bars and tone; 2. Slate: title of program, length, User, date edited; 3. Two (2) seconds of black; 4. Program material; 5. Sixty (60) seconds sync black following end of program. 6. All audio on channels 1 and 2. F. Tape must be of good quality, with no damage or excessive dropouts (no more than 5 per minute). G. Tape must be properly labeled: 1. Program title; 2. Program length - 00:00 (minutes and seconds); 3. Name of User, owner, institution or organization; 4. Production date. H. Tapes not meeting the above standards will be rejected. Revised by ESCCAC 8 -1 -95 11 M A. I have received, read and am thoroughly familiar with the contents of the E1 Segundo Community Cable (ESCC) Operating Policies and Procedures. I understand that the Committee reserves the right to suspend or revoke the privilege of any User to utilize ESCC. if that User is in violation of any of these rules. B. I will thoroughly familiarize myself with the content of any program material to be taped and /or cablecast and agree that it will not contain: 1. Obscene (California Penal Code, Sec. 311) or indecent material (FCC vs. Pacifica Foundation, 438 U.S. 728); 2. Any lottery, or any advertisement or information concerning any lottery; 3. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation of money or other things of value, unless specifically exempted under the terms of the agreement; Political endorsements of candidates or issues during electoral campaigns; Any material which constitutes libel, slander, invasion of privacy, or publicity rights, unfair competition, violation of trademark or copyright, which violate any local, state, or federal law. C. I assume full responsibility for the content of all program material and will not violate any right of any third party. D. I have obtained, or will obtain before cablecasting, all approvals, clearances, licenses, etc., for the use of any program which I request for cablecast, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers representatives and any other approvals that may be necessary to transmit program material over the cable system. I understand that I may be required to submit proof of said documents. E. I agree to defend, indemnify and hold harmless the E1 Segundo Community Cable Advisory Committee (Committee) the City of E1 Segundo and its employees and agents, and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of this Statement of Compliance, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized Revised by ESCCAC 8 -1 -95 12 c�xa�cs: trs��at�- use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cablecast. F. I agree to assume all liability for my activities at the E1 Segundo Community Cable facilities, including but not limited to, use of equipment, injury to self and /or other persons. G. I agree that I shall not represent myself or any other person involved in E.S.C.C. cablecasting or production as an employee, representative or agent of the Committee, the City, or Paragon Cable. H. I agree to pay the costs of any repair or replacement of equipment of materials resulting from damage, misuse, or theft while such equipment or materials are in my possession or control. I understand the penalties that apply if I do not return equipment or materials on time, or if I allow someone not authorized by ESCC to use the equipment or materials. I. I shall not use ESCC for any personal gain or other commercial purpose. I understand that programming produced with ESCC equipment or facilities must appear on ESCC Channel 2Z. J. I hereby grant my permission to ESCC to play without restriction any and all videotapes that I submit for cablecasting. I may revoke the authorization only by giving written notice thereof to the Committee via the E.S.C.C. office. K. I understand that false or misleading statements made in this statement are grounds for forfeiture of the right to use the ESCC facilities. Revised by ESCCAC 8 -1 -95 13 OF COMPLIANCE (oont'd) ^^« „ y6:3 >�yy.: �..:.....;. < ...o...,..:r:.:..::;:::.:.: .::....:.:. :;,9:.71.}........ �.... .. ....: ���� <',:��:G:��a�;�a��:t•ie�er�t a�" �� pi�,�r rs� E� �;n�o..,..�... user a� < "r Institution or Organisation Address City State Zip Code Home Telephone Work Telephone Home Address City State Zip Code AUTHORIZED AGENT OF INSTITUTION OR ORGANIZATION Name Title Work Phone Signature of Authorised Agent Date Signature of User: Date Revised by ESCCAC 5 -1 -95 14 COMMUNITY PRODUCERS PROGRAM PROPOSAL The information requested in this proposal will enable E1 Segundo Community Cable to determine your production needs. Please print or type your answers in the spaces provided, and submit the completed proposal to the Community Program Supervisor. Include your production outline or script with this proposal. PRODUCER'S NAME DATE NAME OF GROUP /ORGANIZATION STREET ADDRESS CITY ZIP TELEPHONE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. TITLE OF PROGRAM: 2. 3. 4. S. 6. APPROXIMATE PROGRAM LENGTH: PROGRAM CATEGORY (check one or more): Employment Entertainment Seniors Religious Arts /Cultural Ethnic Bilingual Instructional Sports Disabled Educational Health Children Public Info. _ News Other DESCRIBE THE AUDIENCE YOU WOULD LIRE TO REACH (i.e. children, seniors, women, minority, general audience, etc.): WHY ARE YOU PRODUCING THIS PROGRAM (work /organization, or related interests)? DESCRIBE PROGRAM FORMAT (i.e. performance, talk show, film, documentary, etc.): Revised by ESCCAC 8 -1 -95 15 7. DESCRIBE THE PROGRAM CONTENT (attach outline or script): 8. LIST THE DATE, TIMES, AND PLACES OF THE EVENTS TO BE TAPED AS PART OF THE PROGRAM: 9. HOW LONG DO YOU ANTICIPATE IT WILL TARE YOU TO COMPLETE YOUR PRODUCTION? 10. DESCRIBE ANY SPECIAL EQUIPMENT OR FACILITIES YOU WILL NEED: 11. LIST ANY PATRONS OR UNDERWRITERS YOU WILL BE IN YOUR PRODUCTION: 12. DESCRIBE ANY SPECIAL PERMITS, IF ANY, YOU WILL BE REQUIRED TO GET FROM PUBLIC OR PRIVATE SOURCES IN ORDER TO TAPE AND /OR CABLECAST THIS PRODUCTION: PRODUCER'S SIGNATURE DATE E.S.C.C. STAFF Revised by ESCCAC 8 -1 -95 16 APPROVAL DATE NAME: CITY: HOME PHONE: REQUEST FOR CHANNEL TIME (Pre - recorded programs) ADDRESS: STATE: SIP CODE: WORK PHONE: I am requesting that the following program, be cablecast on the El Segundo Community Cable Television Channel:= a.SiCrC. 22. I understand that I may be asked to provide proof of residency. I also understand that User, not E1 Segundo Community Cable is responsible for the content of the program and any clearances or license required to cablecast the program stated above will be obtained by the individual making the request. I will certify that this program contains no: 1. Obscene (California Penal Code, Sec. 311) or indecent material (FCC vs. Pacifica Foundation, 438 U.S. 726); 2. Any lottery, or any advertisement or information concerning any lottery; 3. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation or money or other things of value, unless specifically exempted under the terms of the agreement; Political endorsements of candidates or issues during electoral campaigns; Any material which constitutes libel, slander, invasion of privacy, or publicity rights, unfair competition, violation of trademark or copyright which violates any local, state, or federal law. I assume full responsibility for the content of all program material cablecast and will enure 7C€S that such program material will not violate any right''of�x any third party. I understand that any program that I submit not produced in this facility will have my full name and El Segundo address on the beginning and the end of the program so that if anyone from the public inquires regarding the content of the program, they may contact me directly. Revised by ESCCAC 8 -1 -95 17 Example Mr. /Ms. has requested this program to be cablecast qD %C8I1riR1s in E.E:E, 22, please direct all inquires tot" Name I have obtained, or will obtain before cablecasting, all approvals, clearances, licenses, etc., for the use of any program which I request for cablecast, including but not limited to approval by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers representative and any other approvals that may be necessary to transmit program material over the cable system. I understand that I may be required to submit proof of said documents. I agree to defend, indemnify and hold harmless the E.S.C.C. Advisory Committee and the City of E1 Segundo and its employee and agents, and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program mater al that is being cablecast or any breach of this Channel Time Request form, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cablecast. I agree that I shall not represent myself or any other person involved in ESCC cablecasting or production as an employee representative or agent of the Committee, the City of E1 Segundo or Paragon Cable. I hereby grant my permission to ESCC to play without restriction any and all videotapes that I submit for cablecasting. I may revoke the authorization only by giving written notice thereof to the Genn ` �-er ESCC offices. Signature Date: Series Title I Program Title Program Description Program Length Single Program: Y N series: Y No IP YES HOW MANY SHOWS Revised by ESCCAC 8 -1 -95 18 PARENTAL CONSENT FORT[ I hereby affirm that I am a resident of the City of E1 Segundo and the parent and /or legal guardian of who is etr 18 years of age and who resides at I hereby assume all liability for hisfher activities at the E1 Segundo Community Cable facilities, including but not limited to hisyser use of ESCC equipment, the content of any programming produced or submitted for cablecast, injury to self and /or other persons. I have read and understand agree and understand that 3 operating various kinds of will be expected to confori effect for adult Certified facilities. the E.S.C.C. operating rules, and I %y sen, daughter, er ward will be television production equipment and n to all requirements that are in users of the ESCC equipment and I agree to defend, indemnify and hold harmless the ESCC Advisory Committee, and the City of E1 Segundo and its employees and agents, and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of this Parental Consent form, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non- compliance with applicable laws and unauthorized use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cable cast. I agree that I shall not represent myself or any other person involved in ESCC cablecasting or production as an employee, representative or agent of the Advisory Committee, the City of E1 Segundo, or Paragon Cable, Inc. I understand that this consent and the representations made herein may only be revoked by my written notice to ESCC. Name of Parent /Guardian Signature of Parent /Guardian Revised by ESCCAC 8 -1 -95 19 Address Date Cable Television Service Subpart G — Cablecasting 176.205 Originadon cablecasfa by legally qualified candidates for public office; equal opportunities. (a) General requirements. No cable television system is required to permit the use of its facilities by any legally qualified candidate for public office, but if any system shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such system shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: (1) Bona fade newscast; (2) Bona fide news interview; (3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or (4) On- the -spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of a system. (section 315(a) of the Communications Act.) (b) Uses. As used in this section and 176.206, the term ,.use' means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 76.205(x)(1) through (a)(4) of this section. (c) Timing of Request. A request for equal opportunities must be submitted to the system within I week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, that where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. (d) Burden of proof. A candidate requesting equal opportunities of the system or complaining of noncompliance to the commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. (e) Discrimination between candidates. In making time available to candidates for public office, no system shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any system make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates for the same public office. 176.206 Candidate rates. (a) Charges for use of cable television systems. The charges, if any, made for the use of any system by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: (I) During the 45 days preceding the date of a primary or p.imary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the system for the same class and amount of time for the same period. 9to.cuu ATTACHMENT 2 (i) A candidate shall be charged no more per unit than the system charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any system practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates upon equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time- sensitivq5 make goods, preemption priorities, or any other factors thdt enhance the value of the announcement. (ii) The commission recognizes non - preemptible, preemptible with notice, immediately preemptible and run -of- schedule as distinct classes of time. (iii) Systems may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time - sensitive make goods. Systems may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. (iv) Systems may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make them available to candidates. (v) Systems may treat non - preemptible and fixed position as distinct classes of time provided that systems articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. (vi) Systems shall not establish a separate, premium - priced class of time sold only to candidates. Systems may sell higher - priced non - preemptible or fixed time to candidates if such u class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower -priced class of time sold to commercial advertisers. (vii) (Reserved] (viii) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. Systems electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long -term advertising contracts. Systems may implement rate increases during election periods only to the extent that such increases constitute "ordinary business practices," such as seasonal program changes or changes in audience ratings. (ix) Systems shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, systems shall issue such rebates or credits promptly. (x) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase §76.207 advertising in every program or daypart in a package as a condition for obtaining package unit rates. (xi) Systems are not required to include non -cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the system. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. (xii) Make goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a system has provided a time- sensitive make good during the year preceding the pre - election periods, respectively set forth in paragraph (a)(1) of this section, to any commercial advertiser who purchased time in the same class. (xiii) Systems must disclose and make available to candidates any make good policies provided to commercial advertisers. If a system places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. (2) At any time other than the respective periods set forth in paragraph (a)(1) of this section, systems may charge legally qualified candidates for public office no more than the charges made for comparable use of the system by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the system would charge for comparable commercial advertising. All discount privileges otherwise offered by a system to commercial advertisers must be disclosed and made available upon equal terms to all candidates for public office. (b) If a system permits a candidate to use its cablecast facilities, the system shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period and all corresponding discount privileges, available on equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms, conditions and all value - enhancing discount privileges offered to commercial advertisers. Systems may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: (1) A description and definition of each class of time available to commercial advertisers sufficiently complete enough to allow candidates to identify and understand what specific attributes differentiate each class; (2) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; (3) A description of the system's method of selling preemptible time based upon advertiser demand, commonly known as the "current selling level," with the stipulation that candidates will be able to purchase at these demand - generated rates in the same manner as commercial advertisers; (4) An approximation oL the likelihood of preemption for each kind of preemptible time; and Cable Television Service (5) An explanation of the system's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. (c) Once disclosure is made, systems shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. §76.207 Political tile. (a) Every cable television system shall keep and permit public inspection of a complete and ord, -.rly record (political file) of all requests for cablecast,time made by or on behalf of a candidate for public office, together with an appropriate notation showing the disposition made by the system of such requests, and the charges made, if any, if the request is granted. The "disposition" includes the schedule of time purchased, when spots actually aired, the rates charged, and the classes of time purchased. (b) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. (c) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. §76.209 Fairness doctrine; personal attacks; political editorials. (a) A cable television system operator engaging in origination cablecasting shall afford reasonable opportunity for the discussion of conflicting views on issues of public importance. NOTE: See public notice, "Applicability of the Fairness Doctrine in the Handling of Controversial Issues of Public Importance," 29 FR 10415. (b) When, during such origination cablecasting, an attack is made upon the honesty, character, integrity, or like personal qualities of an identified person or group, the cable television system operator shall, within a reasonable time and in no event later than one (1) week after the attack, transmit to the person or group attacked: (1) Notification of the date, time, and identification of the cablecast; (2) A script or tape (or an accurate summary if a script or tape is not available) of the attack; and (3) An offer of a reasonable opportunity to respond over the system's facilities. (c) The provisions of paragraph (b) of this section shall not apply to cablecast material which falls within one or more of the following categories: (1) Personal attacks on foreign groups or foreign public figures; (2) Personal attacks occurring during uses by legally qualified candidates. (3) Personal attacks made during cablecasts not included in paragraph (b)(2) of this section and made by legally qualified candidates, their authorized spokespersons or those associated with them in the campaign, on other such candidates, their authorized spokespersons or persons associated with the candidates in the campaign; and Cable Television Service (4) Bona fide newscasts, bona fide news interviews, and on- the -spot coverage of bona fide news events (including commentary or analysis contained in the foregoing programs, but, the provisions of paragraph (b) of this section shall be applicable to editorials of the cable television system operator). (d) Where a cable television system operator, in an editorial, (1) endorses or (2) opposes a legally qualified candidate or candidates, the system operator shall, within 24 hours of the editorial, transmit to respectively (i) the other qualified candidate or candidates for the same office, or (ii) the candidate opposed in the editorial, (a) notification of the date, time, and channel of the editorial; (b) a script or tape of the editorial; and (c) an offer of a reasonable opportunity for a candidate or a spokesman of the candidate to respond over the system's facilities: Provided, however, that where such editorials are cableeast within 72 hours prior to the day of the election, the system operator shall comply with the provisions of this paragraph sufficiently far in advance of the broadcast to enable the candidate or candidates to have a reasonable opportunity to prepare a response and to present it in a timely fashion. EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 19, 1995 AGENDA HEADING: COMMTTEES Appointments of two candidates to the B Segundo Public Library Board of Trustees, made by the City Council on Monday, September 11, 1995 COUNCIL ACTION: Announce the appointments and respective terms of office. Thomas G. Coonan Gerry Preciado BRIEF SUMMARY: ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: WA .- .7•... «.. .- • . -. Three -Year Term ExQirina. June 30, 1998 June 30, 1998 ORIGINATED: Date: September 12, 1995 Abreu, Legal /Council Assistant 2:13 BY- Date: September 12, 1995 12 -q;r Morrison, City Manager iv S" t v C x a m y O a � M T z Y S > 6r n c o m we / M ] v r vF �•. ! F• 6 • -< Y 7 r' • a r° 0 »c -c ! m 2, 4 i Y 7 n n ! . r ] a O n ! K V1I m > K a a O O 0 0 O -ml • m I ! O ! n C> ■ y!I Y m> z> Oz O o �n m•c -'m ay 1 wO mm > m• A +G n r -' m Y Y Y :. 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A r me z we KO T C Z O ev s> Jn mA e b 0 Noe b O N - T i► 3. ei J m aro rd se ra to C el >N a� Kw e J • e 0 J m Ic0 T v 9 i O > r m A v J A z A A >o b b b N CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/27/95 THROUGH 09/10/95 Date Payee Amount Description 08/28/95 IRS 128,265.70 Federal Payroll Taxes P/R # 4 08/28/95 Emp Dev Dept. 24,270.01 State Payroll Taxes P/R # 4 09/05/95 Bank of America 69,403.75 Assessment Dist. # 73 Total by Wire: 221,939.46 DATE OF RATIFIACTION: 09/19/95 TOTAL PAYMENTS BY WIRE: $2211939.46 Certified as to the accuracy of the wrire transfers by : b City Treasure Date / Direc City Date_ p( 6z?s- Date / J 7— 9 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. IOtt A 4111 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL September 5, 1995 - 5:00 P.M. CALLED TO ORDER at 5:05 p.m. PLEDGE OF ALLEGIANCE led by Councilman Switz. ROLL CALL Mayor Jacobson - Present (arrived at 6:45 p.m.) Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present (arrived at 5:15 p.m.) Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) NONE The City Council moved into a closed session at 5:10 p.m. pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et sM.) for the purposes of confer- ring 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 WTI'II REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) - None. CONFERENCE WrFH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956.9(a)) 1. City of El Segundo v. L.A. County Flood Control District, LASC Case No. YC 018984 2. Summerfield Tax Litigation, Case No. BC 106640 3. Chaffin v. City of El Segundo, USDC Case No. CV94 4444AWT(BQRx) 4. Harrison vs. City of El Segundo at al., USDC Case No. CV94- 8264DT (BQRx) 5. Vivian v. City of El Segundo, Case No. BC 122791 6. Skarich v. City of El Segundo, LASC Case No. YC 023866 7. United States v. Montrose Chemical Corporation , at al. No. CV 90- 3122- AAH(JRx) 8. Kilroy Airport Assoc. etc. v. City of El Segundo, LASC Case No. BS034343 9. City of El Segundo v. LAX, LASC Case No. BC130859 10. El Segundo Auto Body v. West Basin Municipal Water District and City of El Segundo, Case No. YCO23740 11. City of El Segundo v. Ominsky, Case No. 95S02002 12. Jon /Dave Prescott v. City of El Segundo, Case No. 95SO 13. El Segundo Senior Citizen Housing Corp. Board v. Gurvich, Municipal Ct. Case No. 95L 02955 14. Marion v. City of El Segundo, Case No. BC049301 15. Allison v. City of El Segundo, LASC Case No. YCO21971 16. Hinchman v. City of El Segundo, Case No. YCO23033 17. Fragale, at al. v. City of El Segundo, Case No. YCO23177 18. Medina v. City of El Segundo, Case No. USDC 95- 2210LAW (MCx) 11� ZtAg m ADJOURNMENT at 7:00 p.m. Lora Freeman, Deputy City Clerk DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 1995 - 7:00 P.M. CALLED TO ORDER at 7:00 p.m. by Mayor Jacobson. INVOCATION given by Reverend Donald Chisholm, Church of Christ PLEDGE OF ALLEGIANCE led by Councilman Robbins PRESENTATIONS - NONE 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) One individual addressed the City Council. Nancy Cobb. Chamber of Commerce stated the Chamber would like to continue its Leadership El Segundo program and would appreciate the Council's approval for these sessions involving City staff and facilities. They invited the Council to participate in the Welcome Reception on September 14 at Crown Sterling Suites and any of the classes during the year. Council consensus to agendize discussion and action at their meeting of September 19 on the matter of the City providing the same level of support for Leadership El Segundo a provided by staff and use of the Clambers last year. 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 510. B. SPECIAL ORDERS OF BUSINESS 1. Open Public Meeting as required by the Brown Act to consider amending the Business License Code to specify a separate business license tax rate for all businesses whose primary operation consists of providing temporary parking spaces (parking lots) for non- employees. Estimated annual revenues to be collected ($17,000). Proper public notice has been made by the Finance Department, including notification of all known operators. Mayor Jacobson stated this was the time and place fixed hereto for a public meeting to consider amending the Business License Code to specify a separate business license tax DRAFT Councilwoman Friedkin proposed a $10.00 estimated flat fee per space; Councilman Robbins asked if those who were using the facility would be charged for parking, and what the present fee was; City Manager Morrison responded that they would not be charged, and he thought that the fees was about $111 to $113. MOVED by Councilman Robbins; SECONDED by Councilwoman Friedkin to schedule a public hearing for September 19, 1995 to discuss the issue of taxing specific parking lot operations. MOTION PASSED BY UNANIMOUS VOICE VOTE - 510. C. UNFINISHED BUSINESS - 1. Pursuant to Council direction on August 15, 1995, receive public input about noise problems, including amplified sound regulations and enforcement of the same. Mayor Jacobson asked whether anyone wished to address the item or if any written communications had been received; Deputy City Clerk Freeman gave a summarization of a letter received at the beginning of the meeting from a resident regarding complaints of loud parties, permits to hold parties that late, and equipment not being available to the Police Department to read the decibels of the noise. City Manager Morrison presented a brief overview; Police Chief Grimmond presented a report to the Council regarding noise problems, amplified sound regulations and enforcement. Discussion ensued. Liz Gamholtz, Noise Abatement Committee Member, addressed Council with informal suggestions for revisions namely to set up two types of standards - commercial and residential; amend suggested permitted noise times in residential areas to 8:00 am; specify weekends and times; under Permits/Variances and "Grants" to add "and receptor properties "; under "Vehicle Repairs" to change "in the area" to "in the residential areas" to include the word "barks ", and to ban the use of leafblower machines in residential areas. Councilman Robbins stated those were excellent suggestions; Mayor Jacobson felt they should review it on October 3 instead; Mayor ProTem Weston concurred. Council consensus for staff to prepare a formal report and proposed ordinance for the Planning Commission's review on September 14, and to schedule their review of proposed ordinance on October 3, 1995. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Approval to change the Wall of Honor Committee's meeting schedule. MOVED by Councilman Switz; SECONDED by Councilman Robbins to approve implementing a new meeting schedule to be held three times per year during the months of January, May and September on the second Wednesday at 7:00 p.m. in the City Hall West Conference Room. MOTION PASSED BY UNANIMOUS VOICE VOTE - 510. 2. Request for City Council to schedule interviews for applicants to El Segundo Library Board of Trustees and continue recruitment for applicants to the Wall of Honor Committee. Council consensus to schedule interviews for applicants to the El Segundo library Board of Trustees for September 11, 1995 at 7:00 p.m., and to continue recruitment for applicants DRAFT 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 224282- 224478 on Demand Register Summary Number 06 in total amount of $229,029.79. 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 224479- 224692 on Demand Register Summary Number 07 in total amount of $642,234,43. 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 224693 - 224845 on Demand Register Summary Number 08 in total amount of $99,750.60, and Wire Transfers in the amount of $908,593.62. Approved Wan-ant 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 08/05/95 to 08/26/95. 4. City Council meeting minutes of August 15, 1995. Approved August 15, 1995 minutes. 5. Renewal of Professional Services Contract with The Compliance Group for Professional Plan Checking Services of structural and special high -rise construction projects. The amount to be paid the Contractor under this agreement is estimated to exceed ten thousand dollars ($10,000), and therefore requires City Council approval. Approved Contract Number 2417 for The Compliance Group for the 1995/96 fiscal year. 6. Results from closed bid process for acquisition of one (1) new Crime Scene Van as budgeted in the Fiscal Year 1995 -1996 Asset Forfeiture Fund. Accepted bid from Champion Chevrolet for $18,510.75 as being the lowest responsible bidder and rejected bids from Crenshaw Motors and Downey Ford for non - compliance of the required bid specifications. 7. Resolution of the City Council of the City of El Segundo, California, taking Legislative action regarding the 1995 -96 Fiscal Year impasse existing between itself and the El Segundo Police Officers Association. Fiscal Impact: $68,896 annualized total compensation cost. Funds are available in the City's 1995 -96 Fiscal Year Budget for the across the board 1.5% salary increase and the increase in hourly pay for Field Training Officers. Adopted Resolution Number 3936. 8. Revised class specification and resolution establishing a modified salary range for the job classification of Senior Fire Protection Analyst. Fiscal impact: Results in reduced personnel costs. Adopted Resolution Number 3937 establishing lowered salary range, and approved the revised class specification. DRAFT 11. Request to add $1,000,000 Umbrella Liability Insurance policy for Park Vista. Fiscal impact $300. Approve request to add $1,000,000 Umbrella Liability insurance policy for Pads Vista. 12. Trenchless Rehabilitation of Sewer Lines, 1994 -1995. Specifications No. PW 95 -2 (total contract amount - $100,336.00). Awarded Contract Number 2418 to Insituform Southwest in the amount of $100,336.00; directed staff to prepare the necessary standard Public Works contracts, and authorized the Mayor to sign after approval as to form by the City Attorney. MOVED by Councilman Switz; SECONDED by Councilwoman Friedkin to approve all consent agenda items. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA - NONE F. NEW BUSINESS - CITY MANAGER - NONE. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - Cfl'Y TREASURER - NONE J NEW BUSINESS AND REPORTS - CITY Councilwoman Friedkin 1. Thanked Public Works staff for their hospitality, professionalism, and informative all day tour of their department. 2. Announced a reminder of the Fireman's Ball to be held on September 15, 1995. Councilman Robbins 1. Oral report on the August 17, 1995 LAX early -turn spotlight demonstration. Councilman Robbins presented an oral report on the August 17 LAX early -turn spotlight demonstration. Discussion followed. No action taken by City Council. Councilman Switz 1. Meeting with Congresswoman Harman's staff regarding LAX. Councilman Switz stated he had met with Congresswoman Harman's staff, Mark Wirth and the District Director, regarding the LAX early turn problems and distributed copies of what he had given to and discussed with them. Steve Storm, Noise Abatement Committee, recommended after the second test lighting was completed, the City should consider renting spotlight(s) for a three month demonstration period, and then consider taking further action. Mayor Pro Tern Weston - DRAFT the SCCC and participating in the cost reduction measures proposed by the JPA. Councilwoman Friedkin questioned what the cost would be to participate; Mr. Vera responded the cost would be what ever it would take to accomplish their goal and if the City was participating; Mayor ProTem Weston asked what the timeframe was; Mr. Vera responded January 1, 1996. Bob Jensen, SCE, stated SCE was a large proponent to deregulation and also addressed the issues relating to JPA cost reduction measures, and recommended the City hold workshops. Council consensus for City Manager to submit to them on September 19, proposed workshop dates for a discussion on the concepts of purchasing power at lower cost and the merits of joining SCCC to participate in cost reduction measurers being proposed through the JPA. Workshop will include the City Council, representatives of SCCC, SCE, Hughes and other large business power users in our local economy. Mayor Jacobson 1. Discussion of proposed 310 area code boundary modifications and impacts on El Segundo. Mayor Jacobson stated he felt the Los Angeles River was the best line for the City with non- mandated eleven digit overlay; Mayor ProTem Weston concurred stating he preferred as far south as possible, and that he was opposed to the overlay because it requires dialing eleven digits. Gary Ganibi informed the Council of a meeting to be held on September 7 at 107 S. Broadway, Room 5109 which would be discussing the 310 area code boundary modifications, and that members of the community and City Council were welcome to attend. Discussion followed. Council consensus to direct Gary Ganibi to prepare a letter regarding the Council's support of Gardena's alternative proposal for splitting the 310 code or an alternative boundary as far east and south of EI Segundo as possible, and for him to attend the September 7 meeting on behalf of the City. 2. El Segundo Unified School District's eviction of Girl Scots from use of Madsen House facility so that a day care organization may use that facility. Mayor Jacobson asked permission to discuss and take possible action on an urgent item arising after the posting of the agenda. MOVED by Councilman Robbins; SECONDED by Councilwoman Friedkin to hear an urgent item arising after the posting of the agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Mayor Jacobson stated he had been contacted by the Girl Scouts and informed that they had received an eviction letter from the School District stating they could no longer use the Madsen House facility. He requested Council's authorization to move forward on the issue to work with the City Attorney and City Manager on DRAFT PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) One individual addressed the City Council. Ted Dickton resident questioned whether the City gave of their right to no early turns over El Segundo when they approved to the soundproofing; Mayor Jacobson responded they had not and that was why the City agreed to 80% only. MEMORIALS - Mayor Jacobson adjourned in memory of Sandy Selter, a former City employee. CLOSED SESSION - NONE ADJOURNMENT at 8:45 p.m. to September 11, 1995 at 7:00 p.m. Lora Freeman, Deputy City Clerk MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL CITY COUNCIL CHAMBERS, CITY HALL SEPTEMBER 11, 1995 - 7:00 P.M. CALL TO ORDER: Mayor Jacobson at 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor ProTem Weston ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilwoman Friedkin - Present Councilman Robbins - Present arrived at 7:15 P.M. PIIBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total - NONE A. SPECIAL ORDERS OF BUSINESS - Interview applicants for the two vacant positions on the E1 Segundo Library Board of Trustees. Council appointed Gerry Preciado and Thomas G. Coonan to a full three year term to expire June 30, 1998. PIIBLIC COMMUNICATIONS - NONE 7:35 P.M.to September 19, 1995 at 5:00 P.M. Cindy Mortesen, City Clerk EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 19, 1995 AGENDA HEADING: Consent Calendar Results from bid process for the sale of one (1) 1978 Crown "Quint" 75' Telesquirt Fire Truck. RECOMMENDED COUNCIL ACTION: Staff recommends the City Council accept the highest bid from Northeast Fire Apparatus Inc. for $16,767.93. BRIEF SUMMARY: Staff advertised in 4 Fire Services magazines to sell one (1) out -of- service 1978 Crown "Quint" 75' Telesquirt in "as is" condition. The results from bids received are as follows: Name 1. Northeast Fire Apparatus Inc. 2. Dial Security 3. Morongo Valley Fire Dept. 4. Ron Gonzalez P.O. Box 6279 Lancaster, PA 17607 760 West Ventura Blvd Camarillo, CA 93010 11207 Ocotillo St. P. O. Box 46 Morongo Valley, CA 92256 375 Cliffwood Park, Suite C Brea, CA 92621 ATTACHED SUPPORTING DOCUMENTS: $16,767.93 $6,750.00 & $250.00 more than the highest bid up to $10,250.00 $6,005 $4,100 FISCAL IMPACT: Revenue of $16,767.93 to the Equipment Replacement Fund (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: ProjectlAccount Budget: ProjectlAccount Balance: Date: Account Number: Project Phase: uate: 9-1-0(s EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Underground Utility District No. 4 for Sepulveda Boulevard (State Highway Route 1) between Rosecrans Avenue and E1 Segundo Boulevard. RECOMMENDED COUNCIL ACTION: Set date of Public Hearing for October 17, 1995. BRIEF SUMMARY: On November 11, 1991, the City of E1 Segundo executed a cooperative agreement with Caltrans and the City of Manhattan Beach for the widening of Sepulveda Boulevard, generally between Marine Avenue in Manhattan Beach and E1 Segundo Boulevard in E1 Segundo. Under this agreement, Caltrans is the lead agency for design and construction. Caltrans is currently finalizing design plans and anticipates completion of design in early 1996. As part of the widening project, it is proposed to underground the existing overhead utility lines on both the eastside and westside of Sepulveda Boulevard, between Rosecrans Avenue and E1 Segundo Boulevard. The Southern California Edison Company, which owns both the power poles and overhead power lines, will be the lead agency for the design and construction of the undergrounding project. ATTACHED SUPPORTING DOCUMENTS: Preliminary City Engineer's Report. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: continued on next page.... N/A Capital Improvement Budget: N A Yes No XX Date: e: 9// �?./a BRIEF SUMMARY: (continued) Following is a summary of the procedures for implementation of an Underground Utility District: • The City Council holds a public hearing to ascertain whether public necessity, health, safety, or welfare requires removal of existing overhead utilities. After receiving input from affected persons, the City Council, by resolution, may establish an Underground Utility District. • After establishment of the District, all affected property owners are notified and Southern California Edison Company designs and undergrounds the existing overhead utilities. • Concurrently with the construction of the undergrounding project, abutting property owners are required to perform modifications to receive underground service. • After completion of the project construction, Edison removes all existing overhead lines and utility poles within the District. Staff is recommending City Council set the public hearing for October 17, 1995. All affected private and public property owners will be notified of the public hearing and requested to provide comments. Staff previously has held an informational meeting with Edison Company and property owners and received no opposition to the proposed district. Attached is a preliminary City Engineer's report which includes a funding plan to finance the estimated $3.3 million for design and construction of the undergrounding project. A final report will be submitted to the City Council at the public hearing. PRELIMINARY CITY ENGINEER'S REPORT UNDERGROUND UTILITY DISTRICT NO. 4 (District) Date of Public Hearin: October 17, 1995 Location: Sepulveda Boulevard right -of -way (State Highway Route 1) between south City limits to two hundred (200) north of centerline of El Segundo Boulevard. Description: The right -of -way of Sepulveda Boulevard (State Highway Route 1) from a line 200 feet north and parallel to the centerline of El Segundo Boulevard, said centerline also being the north section lines of Section 13 and Section 18, southerly to the centerline of Rosecrans Avenue, said centerline also being the south section lines of Section 13 and Section 18. Background: Sepulveda Boulevard is currently a six (6) lane highway. Caltrans, which has jurisdiction over the highway, is proposing a project to widen Sepulveda Boulevard from its current six (6) lanes to eight (8) lanes. The proposed widening extends into the City of Manhattan Beach, south of El Segundo City limits, however the District boundaries are within El Segundo City limits. Sepulveda Boulevard within the proposed District currently has overhead electrical utilities (both distribution and transmission) belonging to Southern California Edison Company (Edison). These utilities are supported by a total of fifty-two (52) power poles on both the eastside and westside of the Highway. Caltrans original project scope called for relocating these power poles to the back of the new curbline of the widened roadway. Subsequently, this concept has been modified to underground the overhead utilities prior to the street widening in lieu of relocating the overhead utilities. Procedures for Formation of the District: City Municipal Code Chapter 14.08 (Attachment C) stipulates procedures to be followed for creation of an Underground Utility District in the City. City Eneineer's Report: Section 14.08.030 of the Municipal Code requires that the City Engineer shall submit a report at the Public Hearing relative to the formation of an underground Utility District. Consultation with all affected Utilities: It has been determined that only overhead utilities belonging to Edison are affected by the District. Edison has been consulted regarding the formation of this District (No. 4). Costs: (1) Total estimated project cost $ 3,300,000 (2) Funding Plan: Caltrans $ 425,000 Los Angeles County Rule 20A $ 1,000,000 (Attachment B) City of El Segundo $ 1,875,000 (From MTA grant per City -MTA Memorandum of Understanding dated 11/2/93) Total identified funds $ 3,300,000 I_mpact on Property Owners: The project limits were field reviewed with Edison to determine the impact of the proposed underground conversion on property owners abutting Sepulveda Boulevard. Attachment A (Pages 1 of 2 and 2 of 2) shows details of properties and existing overhead services that need to be converted to underground service in conjunction with the Underground District. The total estimated cost of the underground conversions by affected property owners is $ 11,000. Estimate of Time: It is estimated that the time required to complete the underground installation and removal of overhead facilities from the date of establishment of the Underground District is eighteen (18) months. UULII.rrY.004 (9111/95) IL OREFERENCE FOR TABLE ON PAGE 2 OF 2 * CURRENT OVERHEAD(OH) SERVICES -SEE PAGE 2 OF 2 aEYRDN I r4130"11-"14 m 9 OH -1(8) ,t O p scum KYlL 413"I"Ill OH-3 (D CHEVRON REFINERY H-7 a OH -1(b) * I 4 GOEP CO ffTr r WE 41�1"W f WEST SAM MNCWAL YIMTER DffrR= YMTER RECLAMATION PLANT g •'UREIC STORAGE J,W)l�/ ALLIED SIGNAL INC. .,N I"13 All SIGNAL INC. ALLIED SIGNAL INC. 6005 ROSECFIANS AVIL —� aff OF MANIATOIN BEACH uoaRwouo unlrr DISTRICT NOA ATTACHMENT A (SERILVEDA BLVD. - STATE ROUTE I - RIGHT OF wrr) PAGE 1 OF 2 ■ -a 2J! @ z \\ ou 27 \\ ; �•� If )} 2u !$ (!} )2) £! /� f f 2! B\ @ z a 12 d j/ | a| I ]] | ( � E ; �•� 2u !$ (!} )2) 2§ a 12 d j/ | a| I ]] �8 f f ) a!! S ] ] ] S z z z 2 2 2 � k ■ . k ^ ±k •sue $ !a i ( g% ,a # !} A) 'E cc J$ )s$ o ! ;q BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 621 HALL Of ADMINIaTRATRW /LOS AN191L1a. CAUPORMA $0011 May 281 1992 Honorable Carl J&cObYOff Mayor City of E1 Segundo 350 main Street E1 Segundo, Ca 90245 samuRe Op "a 60A" oLaw ww. 9E6e4n, Kww 49w0 e. "CUMAN 0%"M Owa MC.M4 O. u tCkVVCh DEANE DANA ON~ fkOM.Yer, hun O�,u4 tnynsw sas c„H urasel Deer Carl: This is in response to your recyyent conversation with my Senior Deputy Leah o pay for he dunder the ro ndinq ofnEdisoniCompany Rule fact funds to pay facilities along Sepulveda Boulevard in the City of E1 Segundo. I you knot+, ously Commit ed $regional 100 000itowardsnto the Cost Of I have previously I believe that the the right-of-way acquisition. imrove this arearand hiss I am e unable to s cover cthe ientire ycost of that work, I am willing to contribute up to $1,000,000 toward the Cost. It is always a pleasure to work with you and your city and I am happy that I an able to join in the improvement project for this portion of Sepulveda Boulevard in the City of 81 Segundo. DD :cgm Sinc ely, DE1►NE DANA, Chairman of the Hoard Supervisor, fourth District County of Los Angeles Post -It' brano tax transmittal memo 7671 sa age+' Ze'd ezerest•sisi Ol K��/ ..a.. mac, X�.re•f 31c ) 39/ - 976 .F/t) 7 ut,vO 94,4337 WMj 61 ;VT 2661 -2Z -rr ATTACHMENT B EL SEGUNDO MUNICIPAL CODE Page 14 -21 Title 14 - PUBLIC UTILITIES Chapter 14.08 UNDERGROUNDING Sections: 14.08.010 14.08.020 14.08.030 14.08.040 14.08.050 14.08.060 14.08.070 14.08.080 14.08.090 14.08.100 14 08.110 14.08.120 DEFINITIONS. PUBLIC HEARING BY COUNCIL. REPORT BY CITY ENGINEER. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. UNLAWFUL ACTS. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. OTHER EXCEPTIONS. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. RESPONSIBILITY OF UTILITY COMPANIES. RESPONSIBILITY OF PROPERTY OWNERS. RESPONSIBILITY OF CITY. EXTENSION OF TIME. 14.08.010 DEFINITIONS. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: (a) "Coamission" means the Public Utilities Commission of the state of California. (b) "Underground utility district" or "district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 14.08.040. (c) "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees. (d) "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service. (e) "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 718). (June, 1994) ATTACHMENT C (7 PAGES) EL SEGUNDO MUNICIPAL CODE Page 14 -22 Title 14 - PUBLIC UTILITIES 14.08.020 PUBLIC HEARING BY COUNCIL. The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 718). 14.08.030 REPORT BY CITY ENGINEER. Prior to holding such public hearing, the city engineer shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall, where feasible, also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 718). 14.08.040 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 718). (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 14 -23 Title 14 - PUBLIC UTILITIES 14.08.050 UNLAWFUL ACTS. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 14.08.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or. occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 14.08.100, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 718). 14.08.060 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty days, without authority of the city engineer in order to provide emergency service. The city engineer may grant special permission, on such terms as the city engineer may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 718). 14.08.070 OTHER EXCEPTIONS. In any resolution adopted pursuant to Section 14.08.040, the city may authorize any or all of the following exceptions: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer; (b) Poles or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of .a district, when such wires originate in an area from which poles, overhead wires and associated structures are not prohibited; (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 14 -24 Title 14 - PUBLIC UTILITIES (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty -four thousand and five hundred volts; (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building or to an adjacent building without crossing any public street; (f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services; (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 718). 14.08.080 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. Within ten days after the effective date of a resolution adopted pursuant to Section 14.08.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 14.08.040, together with a copy of Chapter 14.08 of this code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 718) . 14.08.090 RESPONSIBILITY OF UTILITY COMPANIES. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 14.08.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 718). (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 14 -25 Title 14 - PUBLIC UTILITIES 14.08.100 RESPONSIBILITY OF PROPERTY OWNERS. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 14.08.090 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 14.08.040, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment-roll, to provide the required underground facilities within ten days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears_ on the last equalized assessment roll, and when no address appears, to General Delivery, city of E1 Segundo. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty - eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within forty -eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on said premises. (c) The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property. (d) If upon the expiration of the thirty day period, the said required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer shall in lieu of providing the required underground facilities, have the authority to order the disconnection and (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 14 -26 Title 14 - PUBLIC UTILITIES l removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter. (e) The city engineer shall forthwith, upon the time for hearing such protests- having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been . paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum. (Ord. 718). 14.08.110 RESPONSIBILITY OF CITY. City shall remove at its own expense all city -owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 14.08.040. (Ord. 718). (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 14 -27 Title 14 - PUBLIC UTILITIES 14.08.120 EXTENSION OF TIME. In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.08.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 719). (June, 1994) EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A Resolution of the City Council of the City of E1 Segundo authorizing an application to Caltrans for Transportation Enhancement Activities (TEA) funding for sidewalks in the area north of the Douglas Street Metro Green Line Station. RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution. BRIEF SUMMARY: On March 21, 1995, the City Council authorized Staff to submit an application to the Metropolitan Transportation Authority (MTA) for funding new sidewalks north of the Douglas Street Metro Green Line Station. The MTA has notified the City that the project has been approved by the MTA for recommendation to receive Federal TEA funds administered by Caltrans. The next step in the process is submittal of an application to Caltrans prior to October 13, 1995. A City Council Resolution is also required to support the application. If the application is approved by Caltrans, funding for the project will be made available in Fiscal Year 1996 -97. The proposed project includes construction of new sidewalks (where sidewalks currently do not exist) and handicapped access ramps in the general area north of the Douglas Street Metro Green Line Station, south of E1 Segundo Boulevard. The project is anticipated to encourage commuter usage of the Green Line by providing paved sidewalks for the various employees in the vicinity of the Green Line Station. continued on next page..... ATTACHED SUPPORTING DOCUMENTS: 1. Resolution. 2. TEA funding application to Caltrans. 3. Map of area proposed for sidewalk construction. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: Capital Improvement Budget:_ ** Yes XX No Date: BRIEF SUMMARY: (continued) Project Costs: Design $ 5,000 Construction $230,000 Contract Administration $ 15,000 Total Costs $250,000 Proposed Funding_ Caltrans TEA funds = $200,000 * Minimum 20% City funds required as local match = $ 50,000 Total Funds = $250,000 * If Caltrans approves the project for Federal funding, City matching funds may be allocated from either Gas Tax or Local Return Proposition "C" revenues. $20,000 of the City matching funds are proposed to be provided by means of City Staff costs for design and contract administration. The attached resolution has been reviewed by the City Attorney and approved as to form. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE CONSTRUCTION OF SIDEWALKS IN THE AREA NORTH OF THE METRO GREEN LINE DOUGLAS STREET STATION WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which provides funds to the California Department of Transportation (Caltrans) for transportation enhancement activities; and WHEREAS, Caltrans has established the procedures and criteria for reviewing proposals and, along with the Regional Transportation Agencies, will submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and, WHEREAS, said procedures and criteria established by Caltrans call for the approval of an application by the applicants governing body before submission of said application to the California Transportation Commission; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Approves the filing of an application for the Transportation Enhancement Activities Program for consideration for SECTION 3. Certifies that this body will make adequate provisions for operation and maintenance of the project. SECTION 4. Appoints Eduard Schroder, Director of Public Works, or Bellur Devaraj, City Engineer, agents of the City of El Segundo to conduct all negotiations, execute and submit all documents, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. SECTION S. 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 records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 19th day of September, 1995. Carl Jacobson, Mayor of the City of E1 Segundo, California ATTEST: Cindy Mortesen City Clerk (SEAL) Transportation Enhancement Activities (TEA) Application Form PART ONE: GENERAL PROJECT INFORMATION X Project is located entirely within the RTPA. RTPA: Los Angeles County Metropolitan Proposal is statewide or multi - regional in scope. Transportation Authority PROJECT TITLE: Administrator /person with day - to-day responsibility for implementing project (Name. tine, agency, address, plane, tax) Bellur Devaraj City Engineer City of E1 Segundo 350 Main Street, E1 Segundo CA 90245 TEL (310) 322 -4670, x -231 FAX (310) 322 -4167 Person who can answer questions; application (Name, title, phone, fax) Bellur Devaraj, City Engineer TEL (310) 322 -4670, x -231 FAX (310) 322 -4167 (suggested minimum $100,000) NON - FEDERAL TEA MATCH $ 50,000 TOTAL TEA PROJECT COST $ 250,000 ® TEA is a stand -alone project. ❑ TEA is part of a larger project. Total Project Cc, $ 250,000 agency, PROJECT SCOPE OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES (not to exceed 60 words) Describe the project's location, size, etc. (Not the justification or benefits, which is covered in Part Four). Design and construction of sidewalks and handicapped access ramps north of the Douglas Street Metro Green Line Light Rail Station. Approximately 48,000 square feet of sidewalks and 20 handicapped access ramps. Division: Proposed transportation enhancement activity will be scored in rpg of the following divisions. Fill out and include the division page indicated: ® 1. Bicycle, Pedestrian, Abandoned Rail Right of Way (Page 7a. ) ❑ 2. Historic /Archaeological (Page 7b.) ❑ 3. Transportation Aesthetics and Scenic Values (Page 7c.) ❑ 4. Water Pollution Due to Highway Runoff. (Page 7d.) ACTIVITY CATEGORIES List approximate amount of federal TEA funds to be spent in each of the TEA categories: $ 200,000 1. Pedestrian or bike trail $ 6. Historic transportation rehab $ 2. Acquisition of sites $ 7. Rails to trails $ 3. Historic highway programs $ 8. Outdoor advertising $ 4. Landscaping/scenic beautification $ 9. Archaeology $ 5. Historic preservation $ 10. Water pollution control Activities outside the categories: List approximate amount of federal TEA funds to be spent in activities outside the ten categories (must be necessary and incidental to the portion inside the categories): $ Describe: TEA AMI¢ation Form 19%STIP Page 1 July 21. 1995 Include this page in each application. PART ONE: GENERAL PROJECT INFORMATION (continued) If part of a larger project, will TEA portion be constructed at same time as the larger project? When? Not applicable. big (or long, for corridors) is property to be acquired? is the location in relation to intermodal transportation system? structures are on the site" are the scenic qualities of scenic site? is it noted as having federal, state, or local significance? Historic value of property (check one): _Listed in California Register (includes National Register listing) _Eligible for listing _Local historic designation (Attach local criteria) Name of park of which this property is, or will become, a part? Not applicable. uG YCCVrmc.Y1 vc•ay.... .....••.�• --• - -• If project is along a highway, is highway a designated state scenic highway or federally designated scenic highway? What was the historic transportation use of the structure/facility, if any? Not applicable. is the intended use of the structure /facilities/property once project is complete? Is a private vendor going to occupy the facility? Briefly explain: Is any portion of the TEA funding intended to create a museum or visitor center? Briefly explain: For bicycle /pedestrian projects: What is length of project? Connecting termini? Number of bridges? Bicycle parking Which portions of the development are inside a park? TEA Application 1996 STIP Page 2 July 21, 1995 Include this page in each application PART TWO: FUNDING Prepared by Bellur K. Devarai Title City Engineer Agency E1 Segundo Phone (310) 322 -4670 FAX (310) 322 -4267 Extension PRELIMINARY ENGINEERING PHASE: • Construction Documents $ 5,000 • Environmental Documents $ 5, 000.00 TOTAL PRELIMINARY ENGINEERING $ RIGHT OF WAY PHASE (ACQUISITION): Beyond • Capital $ • Support costs $ TOTAL RIGHT OF WAY $ 0.00 CONSTRUCTION PHASE: $ • Construction contract items $_2l 5 , 000 $ Contingencies $ 15,000 Construction engineering $ 15,000 245,000.00 TOTAL CONSTRUCTION $ CASH FLOW CHART A + B = Fiscal Year Fiscal Year Fiscal Year Beyond Federal 1996/97 1997/96 1996/99 Fiscal Year 98/99 Preliminary $ 5 000 $ $ $ Engineering $ Right of Way $ -0- $ Right of Way $ -0- $ $ $ Construction $ 245,000 $ $ $ TOTAL $ 250,000 $ $ $ Phase s A + B = C D' Federal Match TEA Cost Total Cost Preliminary Eng $ -0- $ 5,000 $ 5,000 $ Right of Way $ -0- $ -0- $ -0- $ Construction $ 200,000 $ 45,000 $ 245,000 $ TOTAL $ 200,000 $ 50,000 $ 250,000 $ 'Fill in column 'D' only when TEA is part of larger project, not a stand -alone project Engineering General Funds (Staff time) Right of Way Not applicable C" + Gax Tax TEA Appuca6on 1996 sTiP Page 3 July 21, 1995 Include this page in each application PART TWO: FUNDING (continued) Item ITEM ESTIMATE - CONSTRUCTION Description Unit CONTRACT Quantity ITEMS Unit Price Amount 1 411 PCC sidewalk SF 48,000 2.50 $ 120,000 2 Unclassified excavation CYD 1,000 20.00 20,000 3 Handicapped access ramps EA 20 1500.00 30,000 4 Retaining walls SF 1,000 20.00 20,000 5 Landscape modifications LS LS 10,000.00 10,000 6 Miscellaneous items LS LS 15,000.00 15,000 (Water meter box adjustments, traffic control, etc.) Sub -total $ 215,000 Contingencies $ 15,000 Total $ 230,000 Cost comparison • FOR OFFICE USE ONLY _ INNOVATNE FINANCING TEST $ Per hectare landscaping/acquisition $ per Mkrrtreter /meter bikeway $ square meter- historic preservation TEA Applicatwn 1996 $TIP Page 4 July 25. 1995 Include this page in each application that has a construction phase PART THREE: SCREENING if any of the applicable screening criteria below are not met, the proposal will not be ranked or evaluated any further. 1. Does the project fit the TEA program? a. DIRECT RELATIONSHIP TO INTERMODAL TRANSPORTATION SYSTEM ® Function 0 Proximity ❑ Impact Briefly explain direct relationship to transportation system. (How does proposed activity enhance the transportation system ?) The project will benefit and encourage commuter use of the Metro Green Line Douglas Street Station by providing a safe paved sidewalk access to various employers in the vicinity of the Station. b. OVER AND ABOVE A NORMAL PROJECT ® Yes ❑ No Activity is not mentioned in an environmental document as a mitigation. c. WHICH CATEGORY OR CATEGORIES ENCOMPASS THE TEA? (May be more than one.) _[_1. Pedestrians and bicycles _6. Rehabilitation of historic transportation facilities _2. Acquisition of scenic easements and scenic or historic sites 7. Preservation of railway corridors for trails 3. Scenic or historic highway programs _8. Control and removal of outdoor advertising _4. Landscaping and other scenic beautification _9. Archaeological planning and research _5. Historic preservation _10. Mitigation of pollution due to highway runoff 2. Is the project consistent (or "not inconsistent ") with federal, state, regional or local land use and regional transportation plans, goals and policies? ® Yes ❑ No Describe the plans used in evaluating consistency: City of E1 Segundo General Plan Goal C2 supports implementation of a pedestrian circulation system in the City. 3. Is the project financially viable? ® Yes ❑ No 4. Is this project well- defined, well - justified, and ready -to -go in the year proposed? ® Yes ❑ No Describe evidence supporting this statement. Preliminary engineering work has been completed on the project. 5. Does the project improve air quality or does h have a neutral air quality impact? ® Yes ❑ No ❑ Neutral Describe evidence supporting this conclusion. Project is anticipated to increase commuter usage of the Metro Green Line Douglas Street Station thereby reducing automobile usage. 6. Is the project as proposed in compliance with the Americans with Disabilities Act? ® Yes ❑ No ❑ Not Applicable Describe evidence to support this conclusion. Project includes construction of handicapped access street corner ramps where needed. 7. For archaeology and historic preservation projects, is the proposal in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation? ❑ Yes ❑ No ® Not Applicable It applicable, describe evidence to support this conclusion. TEA Application 1996 STIP Page 5 July 25. 1995 Include this page in each application PART FOUR: SCORING 1. Regional and Community Enhancement (Maximum 50 points) Please explain the activity's primary effects - its intent and purpose - on the following elements: a. How does the project improve overall quality -of -life, community, and/or environment 9 (0 to 10 points) Project is anticipated to increase and encourage commuter use of the Metro Green Line Douglas Street Station by providing a safe pedestrian access to employers in the vicinity of the Station resulting in less automobiles on the road and making walking as an attractive alternate travel mode. b. Describe how the activity increases access to activity centers, such as businesses, schools, recreational areas and shopping areas. Does the proposed project connect transportation modes, or does the activity have other mufti-modal aspects? Does the project reinforce or complement the regional transportation system, or fill a deficiency in the system? (0 to 8 points) The project will increase pedestrian access to employers in the vicinity of the Green Line Station by providing a safe paved sidewalk facility where paved sidewalks currently do not exist. c. Describe how activity implements goals in the regional transportation plan, or other adopted federal, state, or local plans. 1. Goal C2 (City General Plan) supports a pedestrian circulation (0 to8points) system to encourage walking a safe and convenient travel mode. 2. Transportation tplan for the 21st century adopted by the MTA (3/1995) . establishes MTA s mission to develop a transportation system that relieves congestion and improves air quality. d. Please explain the degree to which the project increases availability or awareness of historic, community, visual or natural resources. (0 to 8 points) Not applicable. e. Please describe evidence of degree of regional or community support and summarize that support below. (0 to 8 points) Area businesses have indicated support for the project to encourage increased use of the Green Line Station by their employees. Letters of support are enclosed. I. If the project encompasses more than one of the activity- specific divisions, explain. (Projects can score in only one of the activity - specific divisions below.) (0 to 8 points) 2. Cost Effectiveness/Reasonable Cost (Maximum 10 points) What is the anticipated life of the facility or product resulting from this project in years? 50 years What is the total capital cost of the project? $ 2 3 0 , 0 0 0 Please indicate how reasonable or cost effective the project is on the following scale: ® Highly Cost Effective/ Very Reasonable Costs ❑ Reasonable Costs/ Moderately Cost Effective ❑ Less than Reasonable Costs/ Low Cost Effectiveness ❑ Not Cost - Effective /Costs Are Not Reasonable Show any information, calculations, examples or comparisons that explain your selection above. Attach additional information. Protect will be competively bid for construction. There are no subsurface utility relocations that are necessary for project construction. Project is anticipated to be constructed entirely within existing public street rights -of -way. Maintenance costs for concrete sidewalks are very insignificant. TEA AWIi Wion F m 19911 $TIP Page 6 July 25. 1995 Include this page in each application. PART FOUR: SCORING (continued) Division 1 1. Bicycle, Pedestrian or Abandoned Rail Right-of-Way Proposals: a. What is the need for the proposed activity? Please specify high, medium, or low and explain your answer. For example, is there a shortage of pedestrian or bicycle facilities available? Is there a missing link in connecting the intennodal system; how important is it? How necessary are new facilities serving the system? (Maximum 20 points) The need for the proposed sidewalks is high. Currently commuters using the Metro Green Line Douglas Street Station will have to walk on the travelled way of the area streets at locations where paved sidewalks do not exist. The public parkway in these locations is landscaped by abutting property owners and is not usable as a walkway. Without the proposed sidewalks, employees of the area employers (Xerox Corp., Aerospace Corp., Eaton Corp. and several smaller employers), have less incentive to use the Green Line system to avoid walking on the street travelled way. b. How well does the proposal meet or address the opportunities and/or needs for bicycle or pedestrian facilities? (Maximum 20 points) Currently, the area in the vicinity of the Green Line Station does not have paved sidewalks (some portions of the streets have sidewalks) Construction of concrete sidewalks in the existing public street right -of -way will provide a safer, more attractive alternate mode of travel and eliminate areas where pedestrians have to walk on the travelled roadway. TEA App6 ,81 Form 1996 STIP Page 7a July 21. 1995 Include only one Page 7 in each application. PROJECTTITLE:Sidewalks north of the Metro Green Line Douglas Street Station DistrictNo.: 07 RTPA: Los Angeles County Metropolitan Transportation Authority Administering Agency: City of El Segundo Administering Agency Project Mgr. or Rep. (and Title): Bellur Devaraj , City Engineer Address: 350 Main Street, E1 Segundo, CA 90245 Phone: (310) FAX: (310) Others present: 322 -4670 322 -4167 x -231 REGIONAL TRANSPORTATION PLANNING AGENCY STAFF MEETING OR CONVERSATION: Name and Date: Anticipated start dates (projects will be programmed in 1996/97 and 1997/98): Preliminary Engineering Right of Way Construction Anticipated construction completion date _NHS _Non-NHS Agency is, or will become, self- certified _Yes No Caltrans District Local Assistance Signature (I have discussed these items with the Administering Agency): Name and title: Date: is status of state and federal environmental documents? Federal Environmental Approval for transportation enhancement project (check proposed type and status): Type: _Environmental Assessment _Categorical Exclusion _Environmental Impact Statement Status: _Not Started _Complete _In Progress _Anticipated Completion Date: Name of lead agency in environmental document Preliminary Environmental Investigations: Cultural resources records _searched not searched. California species database —searched not searched. Does project involve ground disturbance? Delivery dates for environmental documents: Is project locally designated as historic? Designation and source of criteria for local historic designation by governing body official: Caltrans District Environmental Analyst Signature (I have discussed these items with the Administering Agency) Name and If project is in Caltrans right of way, is project site in a warranted—or unwarranted_area? If warranted, what is cost per acre? Who will design landscape project? Caltrans District Landscape Architect Signature (I have discussed these items with the Administering Agency): Name and title: Date: MAINTENANCE: Is project on Caltrans' right of way? Yes—No—X X If yes, who will maintain? Caltrans District Maintenance Signature I have discussed these items with the Administering Agency): TEA Application 1996 STIP °y am July 21, 1995 Include this page in each application Name and title: Bellur K Devaraj , City Engineer Date: RIGHT OF WAY: Check those that apply: Property was previously acquired by Agency in 19 _Project includes right of way acquisition—or donation_ _Right of way being used as part or all of match. _Project proponent has had contact with owner (describe). Is the project financed by public funds with a public agency determining that the project will result in a clear, well- defined, and demonstrable public benefit? Yes X No_ If yes, enter name of public agency: City of E1 Segundo Enter public agency's definition of benefit: Is the work on public X or private land? (owner/Agency) If property is private, will it be deeded to a public entity upon completion of project? Yes- No-If yes, name of public entity: Will a public /non -profit organization be involved in ownership? Yes_No X If yes, name of organization: Is the site under a management plan? Can the public access the property? Yes X No—if yes, unrestricted—or restricted (fees, time limits, seasonal limits) _access? Is public use of the property allowed? Yes %No_ If yes, list uses: Has easement rather than fee title been discussed? Yes—No—Can necessity of purchase be substituted? Caltrans District Right of Way Agent signature: (I have discussed these items with the Administering Agency) Name and title: Date: DISTRICT DIRECTOR (Required only when Administering Agency requests Caltrans to provide maintenance or match): I agree_do not agree that Caltrans will maintain this project. 1 agree—do not agree_ with the Administering Agency's request for state highway account match. District Director I met with the Caltrans Local Assistance Engineer. We have discussed where to access the federal forms and guidelines for this federal -aid project. I generally understand the administering agency's responsibilities for complying with: 1. NEPA and other federal environmental requirements. and 2. The overall federal regulations. I understand the administering agency requests initiation of the agreement with Caltrans; reimbursable costs may not be incurred until after FSTIP approval. Project Manager iitional comments: All work is in public street right –of –way. TEA Applicalloa 1996 STIP Page 9 July 21, 1995 Include this page in each application PART SIX: ASSURANCES This page must be signed for the project to be considered for funding. Commitment/Prior Commitment: Has the project Administering Agency certified that it is willing and able to maintain and operate the project? ® Yes ❑ No Please describe the best evidence of the certification available. If none is available, when can one be provided? City Council Resolution. Project Administering Agency possesses legal authority to nominate transportation enhancement activity and to finance, acquire, and construct the proposed project; and by formal action (e.g., a resolution) the Administering Agency's governing body authorizes the nomination of the transportation enhancement activity, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Administering Agency to act in connection with the nomination and to provide such additional information as may be required. Project Administering Agency will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity. With the approval of the California Department of Transportation, the Administering Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. Project Administering Agency will give the California Department of Transportation's representative access to and the right to examine all records, books, papers, or documents related to the transportation enhancement activity. Project Administering Agency will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence. Project Administering Agency will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other federal, state, and/or local laws, rules and/or regulations. I certify that the information contained in this transportation enhancement activity application, including required attachments, is accurate and that I have read and understand the important information and agree to the assurances on this form. Signed (TEA Administering Agency Representative as shown in Resolution) Printed (Name and Title) Bellur K. Devara]r City Engineer Administering Agency City of El Segundo Page 10 TEA Applkalron Form X996 STIP Include this page in each application. July M 1995 .I L AREA 2 W Z z r � 2 < s i A' - - --i PROPOSED `G I' Pte. 1V _ z O i __l th ST. EL SEGUNDO CITY COUNCIL MEETING DATE: SEPTEMBER 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT Request Council to co- sponsor the Sixth Annual Roger's 10K Run, approve street closures Fiscal Impact $1,835. (budgeted) RECOMMENDED COUNCIL ACTION: Approve co- sponsorship of the event. BRIEF SUMMARY: The Sixth Annual Roger's Run will raise money that will benefit the Leukemia Society of America, perpetuate the Roger Kahl Memorial Scholarship fund and, beginning this year, provide financial support to the South Bay Police and Fire Memorial Foundation. This foundation was established to provide support to the families of fallen or disabled police officers and fire fighters in the South Bay. Cities that are members of the foundation are: El Segundo, Redondo Beach, Hawthorne, Manhattan Beach, Torrance, Palos Verde Estates, Gardena, Hermosa Beach, and Inglewood. The past several years have shown a decline in the participation of runners as well as those volunteering with Roger's Run efforts. The steering committee of Roger's Run believe this is a win win situation for both organizations. If approved, the City Council would absorb approximately $600 in cone rental fees, $835 in Police and $400 in Street Department personnel overtime costs associated with the event. Additional police services will be provided by officers working for Memorial Foundation cities at no charge to the City of El Segundo. It is our plan to use members of the business and residential community, police R.S.V.P members, police Explorers, and Reserve Officers to supplement and assist the three on -duty El Segundo officers with crowd and traffic control. Date: Sunday, October 22, 1995 Time: From 6:30 a.m. (registration) to approximately 1:00 p.m. (site clean -up) (street closure beginning at 7:15 a.m.) Location: Starting point will be northbound Douglas Street at El Segundo Boulevard Route: Southeast quadrant of the City, identical route as last two years The City has been indemnified by the South Bay Police and Fire Memorial Foundation, as have the property owners on which the event is staged. It should be noted that traffic will be light and street closures will only minimally inconvenience the public. Businesses in the area will be notified well in advance of the race. ATTACHED SUPPORTING DOCUMENTS: Insurance indemnification, application in process FISCAL . (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested:_$606.00 + $835.00 + $400.00 = $1.835.00 Project/Account Budget: Project/Account Balance: Date: Account Number: 001400- 2901 -6401 + 001- 400 - 3104 -4103 + 001 - 400 - 4202 -4103 Project Phase: Appropriation Required - Yes_ No —x ORIGINATED: Date: lice To: From: Subject: a4 f& cygwa d* INTER - DEPARTMENTAL CORRESPONDENCE James W. Morrison, City Manager Tim Grimmond, Chief of Police Roger's Run Expenses August 15, 1995 Incorporated in the Agenda Item Statement for the Sixth Annual Roger's Run is a request for Council waiver of $1,835. These funds are for cone rental, and Police and Street Department personnel overtime. Cone Rental: $600.00 (400 cones, delivery/pick -up) Account 001 - 400 - 2901 -6401 (Community Promotions) Police Department: $835.00 (1- supervisor, 2 -motor officers six hour shift Account 001 - 400 - 3104 -4103 (Traffic Division overtime account) Street Department: $400.00 (two workers, six hour shift) Account 001 - 400 - 4202 -4103 (Public Works Maintenance overtime account) These costs are approximate and are based on last years expenditures. TG:RS/sn EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Agreement providing for a three year Memorandum of Understanding between the City of El Segundo and the Service Employees International Union, AFL -CIO, Local 347, General Employees Association Bargaining Unit. Fiscal Impact: $77,196 annualized total compensation cost. Funds are available in the City's 1995 -96 fiscal year budget for the 1.64% salary increase. RECOMMENDED COUNCIL ACTION: Approve the agreement. Adopt Resolution. BRIEF SUMMARY: The attached agreement providing for a three year Memorandum of Understanding is a mutual agreement reached between authorized representatives of the City Council and the General Employees Association Bargaining Unit. Such representatives met and conferred in good faith pursuant to California Government Code Sections 3500 et seq., and City Resolution Number 3208. The effective date of the proposed salary adjustment is August 19, 1995. ATTACHED SUPPORTING DOCUMENTS: Resolution, prepared by Human Resources Department Staff. 2. Agreement prepared by Linda Jensen, Esq., - Liebert, Cassidy & Frierson and Bob Hyland - Director of Human Resources /Risk Management FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $77.196 Project/Account Budget: $77.196 Budgeted Project/Account Balance: $77.196 Date: 7/1/95 1.64% Salary Account Number: Various Increase Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: 9/8/95 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, AFL -CIO, LOCAL 347, GENERAL EMPLOYEES ASSOCIATION BARGAINING UNIT. WHEREAS, the City has met and conferred in good faith with representatives of the Service Employees International Union, AFL -CIO, Local 347, General Employees Association Bargaining Unit; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this association; NOW, THEREFORE, be it resolved, by the City Council of the City of El Segundo as follows: Section 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding between the City of El Segundo and the Service Employees International Union, AFL -CIO, Local 347, General Employees Association Bargaining Unit (Attachment A, entitled "Agreement "). PASSED, APPROVED AND ADOPTED this 19th day of September 1995. Carl Jacobson, Mayor of the City of El Segundo ATTEST: Cindy Mortensen,City Clerk (SEAL) APPROVED AS TO FORM: ATTACHMENT A AGREEMENT All provisions in the Memorandum of Understanding between the City and Local 347 shall remain in effect except as modified below: Salaries - 1995 -96 1.64% effective August 19, 1995. 1996 -97 1.64% on July 1, 1996. 1997 -98 Reopen salary and one non - economic issue each. 2. Health Insurance - The City's contribution for medical insurance will be equal to the premium cost of full family coverage for the average of the HMO's available to all employees in Southern California, effective with the next premium adjustment after September, 1995. Alternative Work Schedule - The bargaining unit employee shall be assigned to a work schedule as determined by the department head. If the employee requests a change to the schedule, the department head and the employee may mutually agree to the change. If the change proves not to be operationally sound, the department head may reverse the change. 4. Grievance Procedure: I. DEFINITION OF TERMS A. Grievance - A grievance is a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of a memorandum of understanding. A grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication of a specific written departmental or agency rule and/or policy or a specific provision of a memorandum of understanding. A grievance is also discipline of one (1) through five (5) days of suspension. (The grievance procedure for one (1) through five (5) day suspension is set forth under III.E.). B. Grievant - A grievant is an employee or group of employees adversely affected by an act or omission of the agency. C. Day - A day is a calendar day. D. Immediate Supervisor - The first level supervisor of the grievant. Ca9uiMi3Cwaaeh.329 II. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits - Time limits for appeal provided in each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievants in accordance with the time limits, the decision last made by the City shall be deemed final. III. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I - Within ten days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance informally with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within five (5) days. B. Level II - In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing. Under no circumstances shall the formal written grievance be filed more than fifteen (15) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filing a Grievance: In filing a grievance, the employee should set forth the following information: cM9UjmiecVbdf- e1e.828 2 a. The specific section of the departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C. Level III - If the grievance is not resolved by the immediate supervisor the grievant may present the grievance in writing to the department head within five (5) days. The department head will respond in writing within ten (10) days. D. Level IV - If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within five (5) working days. The City Manager or designee will conduct an informal hearing and render a decision. Each party shall have a right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. E. If an employee is suspended for one (1) through five (5) working days, the employee may, within ten (10) work days of receipt of the notice of suspension, request mediation. The City shall contact the State Mediation and Conciliation Service for appointment of a mediator. The mediator shall attempt to resolve the dispute. If the mediator is unsuccessful he/she will render an informal opinion to the City Manager. The City Manager shall issue a final and binding decision regarding the suspension. IV. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE. A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. cMPo \]W- eb.828 B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay -off, transfer, denial or reinstatement, of denial of a step or merit increase. D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspensions of six or more days, or a termination, but are subject to the formal appeal process as outlined in Ordinance 586. V. CONFERENCES Grievants and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 5. Doff: 1. Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be effected by any such change. 2. Notice to Employees - An employee filling a full time position shall be given fourteen (14) calendar days prior notice of lay off. Employees transferred, reduced or displaced shall be given five (5) calendar days notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. At -Will Employees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at -will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. G#9Uj \Ib&fs1s.828 4. Procedures for Layoff - A permanent employee in a classification effected by a reduction in force shall be laid off based on seniority in City service, that is, the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. Seniority shall be determined by hire date. Breaking Ties - Provided that seniority is equal, hiring date is equal retention points for job performance and shall be credited on the basis of the average of the overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: 1. "Unsatisfactory" rating - 0 retention points. 2. "Improvement needed' rating - 6 retention points. 3. "Satisfactory" rating - 12 retention points. 4. "Exceeds expectations" rating - 18 retention points. 5. "Outstanding" rating - 24 retention points. 6. Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and/or experience for such position. If there is more than one qualified employee eligible to be offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than to the salary step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace (bump) an employee in a lower classification, within the same occupational family. Determination of occupational family will be made by the Director of Human Resources/Risk Management and such determinations shall be made according to the following factors: Similarity of occupational field. Similarity of "Class Characteristics" and "Examples of Duties" as described in the class specification. 09Un®c%M -d .829 Similarity of "Education and/or Experience," "Knowledge, Skills and Abilities," and "Special Requirements" as described in the class specification. 4. Any additional factors deemed relevant by the Director of Human Resources/Risk Management. An employee who is bumped shall be laid off in the same manner as an employee whose position or classification is abolished. Salaa Placement - An employee who is assigned to a lower classification as a result of a displacement (bump) shall receive the compensation reflected by the step of the salary range of the new classification closest to the compensation of the employee in the previous classification, and the employee will also be assigned a new salary anniversary date on the effective date of the appointment. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his/her name remains on a reemployment list or lists. 9. Reemployment List - The names of permanent employees who have been laid off under this section (including employees who bumped down) shall be placed, in order of seniority from highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or a lower related classification becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re- employment offer shall be permanently removed from the re- employment list without right of appeal. Laid -off employees do not earn seniority credit or benefits while on the re- employment list. 10. Rights upon Reemployment - If a person is reemployed by the City within three years, the employee's accumulated sick leave allowance, seniority and vacation accrual shall be reinstated. Employees should be placed on the same salary step held upon reemployment. 09Upo'u \RW- 929 6. Safety Shoes - Custodians shall be added to the list of classifications eligible to receive safety shoes. 7. The position of Administrative Secretary shall remain within the bargaining unit. 8. The position of Computer Operator may be reconsidered for reclassification and a salary adjustment, if any, with an effective date of July 1, 1996. Union will provide side letter. 9. Bereavement Leave - Modify bereavement leave to provide employees 24 hours of leave with pay per incident unless travel to a funeral or other memorial service is 500 or more miles one way. In that circumstance, employees receive 40 hours leave with pay. 10. Educational Reimbursement - Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: Educational Reimbursements - "I certify that I successfully completed the course(s), receiving at least a grade of "C" or better." (Attach copy of grade verification) "Further, I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination, with cause, within one year after completion of the course work for which I am to receive reimbursement, in accordance with the following schedule." 1. 100% 7. 50% 2. 100% 8. 40% 3. 90% 9. 30% 4. 80% 10 20% 5. 70% 11. 10% 6. 60% 12. 0% Probationary employees are not eligible to participate in this program. 11. Catastrophic Illness Bank - The City will institute a catastrophic illness bank. The purpose, definition and procedures for the catastrophic illness bank are as follows: I. PURPOSE To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time 09y�UWCM28 7 II. and full -time employees who are incapacitated due to catastrophic illness or injury. A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. III. PROCEDURES A. There is established a joint- employer /employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of El Segundo. The employee to receive the donation will sign the "Request to Receive Donation" form (Attachment A) allowing publication and distribution of information regarding his/her situation. C. Sick leave, vacation and compensatory time leave donations will be made in increments of no less than one day. These will be hour for hour donations. D. Employees must hold a minimum of one hundred and twenty (120) hours of accumulated illness/injury leave after a donation has been made. E. The donation of accumulated time is irrevocable. Should the recipient employees not use all of the donated time for the catastrophic illness or injury, any balance will remain in the catastrophic leave bank to be administered by the committee and utilized for the next catastrophic leave situation. 09%0 %M- cb.828 For The Union Dated: For The City Dated: 9 I Z Q� 094jmiwVWd ls.628 9 ATTACHMENT This form is for those City employees who are incapacitated due to a catastrophic Illness or Injury and with to benefit from a joint employer-employee administered employee - donated catastrophic leave bank. To be eligible to participate in the program, it is foreseen that an employee will use all of his /her accumulated leave balances because of a catastrophic illness or injury; however, any hours donated may not be utilized UW the employee's leave balances are actually exhausted. The purpose of this form is = to be intrusive Into the personal life of any employee. The goal Is to obtain enough Information so that the decision to establish s catastrophic leave bank for any given employee will be based on appropriate considerations. The intent is to establish a catastrophic leave bank for those employees truly in need. Job Title: Please describe wh Date: Department: y you are requesting use Of the catastrophic leave bank, including speclflc information such as the nature of the catastrophe. (A doctor's excuse and/or more pertinent information will be required by the Committee.) How much donated time do you estlmata you may need? 1 agree to allow this Information to be released to those employees wishing to donate their accumulated of the program. -_ time to me, as well as those people involved in the administration Date �: • E'Z•'7T'T-7 TO: Catastrophlo Leave Bank Committee FROM: (Employee Name and Department) DATE: I understand that this donation of my accumulated time is Irrevocable. Should the employee receiving the donation not use ail of the donated time for the catastrophic illness or injury, the balance will remain in a catastrophic leave bank to be administered by the joint employer employee Catastrophic Leave Bank Committee. I understand that time may only be donated in increments of four hours or more. I understand that I cannot donate accumulated time which would reduce my total accumulated vacation, compensatory time, and personal leave to less than 80 hours after my donation. I have read and understand all of the above and I freel donate hours of y and without restraint elect to time/leave to the Catastrophic Leave Bank. DATE: a� wove EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Resolution adopting the three year Memorandum of Understanding between the City of El Segundo and The California Teamsters Public, Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees Bargaining Unit. FISCAL IMPACT: $21,136 annualized total compensation cost. Funds are available in the City's 1995 -96 Fiscal Year Budget for the 1.64% salary increase. RECOMMENDED COUNCIL ACTION: Approve Resolution BRIEF SUMMARY: The attached Resolution formalizes City Council's approval at its' meeting of August 15, 1995 of the three -year Memorandum of Understanding between the City of El Segundo and the California Teamsters Public, Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees Bargaining Unit. ATTACHED SUPPORTING DOCUMENTS: Resolution prepared by Human Resources Department staff. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $21.136 Budgeted 1.64% Project/Account Budget: $21.136 Salary Increase Project/Account Balance:_ $21.136 Date: 7/1/95 Account Number: Various Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: September 11, 1995 Bob Hyland, Director of Human Resources /Risk Management REVI WED BY: Date: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, SUPERVISORY AND PROFESSIONAL EMPLOYEES BARGAINING UNIT. WHEREAS, the City has met and conferred in good faith with representatives of the California Teamsters Public, Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees Bargaining Unit; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this association; and WHEREAS, this Memorandum of Understanding has been approved by Council action on August 15, 1995; NOW, THEREFORE, be it resolved, by the City Council of the City of El Segundo as follows: Section 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding between the City of El Segundo and the California Teamsters Public, Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees Bargaining Unit; PASSED, APPROVED AND ADOPTED this 19th day of September 1995. Carl Jacobson, Mayor of the City of El Segundo ATTEST: Cindy Mortensen,City Clerk (SEAL) APPROVED AS TO FORM: