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1998 NOV 03 CC PACKET - 2EL SEGUNDO CITY COUNCIL MEETING DATE: 3 November 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Continued Public Hearing on the proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning Code 1) Signs, and, 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of EI Segundo RECOMMENDED COUNCIL ACTION: 1) Hold Continued Public Hearing, 2) Discussion, 3) First reading of Ordinance (by title only), 4) Schedule Second reading of Ordinance on 17 November 1998, and /or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND- On November 18, December 2, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, and November 3 1998, the City Council held a Continued Public Hearing on the above referenced Amendments On November 3, the Council discussed Signs and Amplified and provided direction to staff to prepare additional revisions to the Sign Code, Entertainment Regulations, and the Amplified Sound Permit process DISCUSSION: Signs - Revise Sign requirements, including political signs (GPA & ZTA). On January 6, 1998, the City Council reached a consensus on the proposed revisions for the following types of signs 1) off -site signage, 2) pole signs, 3) political signs; 4) flashing and moving signs; 5) temporary signs, and, 6) public right -of -way signs After receiving input from members of the community, the City Council, on October 20, 1998, reviewed the proposed revisions to the Sign Code (Chapter 20 60 of the El Segundo Municipal Code) directed staff as follows- (continued on next page ) ATTACHED SUPPORTING DOCUMENTS draft Ordinance No (draft) ZTA's, dated November 3, 1998 - Exhibits 1, 2, and 3 FISCAL IMPACT- None. Gavin Curran, Acting of ACTION T Date. AT p \zoning \ea419a \ea419a -6 ais 191 3 EA -419A, ZTA 97 -3A Page 2 City Council Staff Report November 3, 1998 DISCUSSION (Continued): 1) Announcement Signs - With regard to announcement signs, the City Council accepted the recommendation of staff to permit 150 square foot announcement signs east of Sepulveda Boulevard 2) Construction Signs — The City Council directed staff to include provisions for time extensions for construction signs Staff has added language to provide for three separate 6 -month extensions of the initial 6 -month period 3) Real Estate Signs — At the direction of the City Council, staff has added language to clarify that real estate signs must be removed at the close of escrow for a sale and at time of occupancy when property is leased 4) Murals and Works of Art - The City Council discussed the permitting process for murals and works of art and reached the consensus that the draft text as recommended by the Planning Commission sufficiently addresses the goal of ensuring that murals would not be overly commercialized 5) Abandoned Signs - At the direction of the City Council, staff has revised the definition of abandoned signs (Section 20 08 723) to mirror the non - conforming language that applies to non - residential buildings and uses Thus, staff recommends that signs would be considered abandoned after one year, unless the building is actively available for lease In which case, the sign could remain, unless, the Director of Planning and Budding Safety determines that the sign is a public nuisance Recommendation Staff recommends that the Council review the revisions as outlined above and approve all the proposed revisions to the Sign Code as depicted in Exhibit 1 II. Entertainment Permits, Amplified Sound Permits, Construction Noise Permits On October 20, 1998, the City Council considered revisions to the Entertainment Permit regulations (Chapter 5 36) and Noise and Vibration regulations (Chapter 9 06) for the purposes reviewing possible modifications in the permit processing procedures for both Entertainment Permits and Amplified Sound Permits (including construction and noise related permits) In order to place the issues in context, the following background has been prepared to explain the basis for staff's recommendation Background It is important to briefly point out a few of the reasons why the City currently issues Entertainment Permits, Amplified Sound Permits, and construction and noise related permits, and, why it is felt there is a need to update the current regulations The Entertainment Regulations provide a mechanism for allowing entertainment activities by residents and reputable businesses that are compatible with the surrounding businesses and residential neighborhoods through the issuance of Entertainment Permits by the Finance Director The City does not have a concentrated entertainment district, such as Manhattan Beach where the impacts of entertainment activities would not necessarily impact residential properties The Zoning Code currently permits establishments which desire to offer entertainment activities throughout the City The Entertainment Permit regulations provides an effective means of regulating and conditioning the operations of business to insure that entertainment does not negatively impact surrounding properties Currently, through the Noise and Vibration Regulations, Amplified Sound Permits are issued by the Director of Planning and Building Safety to residents, businesses, and non - profit groups through a simple over - the - counter procedure. Amplified Sound Permits are intended to be used for occasional events, which might create noise levels above the ambient and codified levels Amplified Sound Permits are a vehicle to provide a tracking mechanism when complaints are received about an event A record of a previous Permits (and reactions) alerts staff to include conditions of approval to mitigate impacts The current noticing provisions for Amplified Sound Permits inform neighbors of potential noise impacts Amplified Sound Permits are also issued for construction related noise, enabling construction work to continue beyond the normal hours of 7 00 a m to 6 00 p m , Monday through Saturday Since there is currently no limit on the number of Amplified Sound Permits which may be issued to a particular business or resident, several business establishments have obtained dozens of Amplified Sound Permits for entertainment activities which are essentially the same as those taking place at other establishments that have 192 EA -419A, ZTA 97 -3A Page 3 City Council Staff Report November 3, 1998 Entertainment Permits The current organization of the regulations is disjointed with Entertainment Permits contained in the Business Regulations and Licensing (Title 5), and Amplified Sound Permits found in the Peace, Safety, and Morals (Title 9) sections of the Municipal Code The relationship between the noise standards and what is approved through the granting of an Amplified Sound Permit is not clearly defined For instance there are no guidelines for how much the Amplified Sound Permit entitles the Permit holder to exceed the ambient noise standards as defined in Chapter 9 06 — making regulation and enforcement extremely difficult ANALYSIS Based on the background as described above, on October 20, 1998, the Council provided direction to staff revise the Entertainment Permit regulations to create a more streamlined process in which only one permit would be required for entertainment activities, instead of using Entertainment Permits for some activities and Amplified Sound Permits for other similar activities The discussion below explains the basis for the recommendation of staff to implement a single Entertainment Permit process with "over- the - counter' approval for Permits which meet specific threshold criteria and Planning Commission review for Permits which exceed the stated threshold Duration of Permit Due to the wide variety of uses for which Amplified Sound and Entertainment Permits are currently used, drafting a single Entertainment Permit process that required Planning Commission review for all permits seemed unduly burdensome An Amplified Sound Permit for a residential parry with a band or disc jockey, or a wedding in Library Park, which previously were processed over - the - counter, would be included in the new process Should they be subject to the same level of background review as a restaurant without outdoor entertainment every weekend of the year? Thus, staff recommended that events, which last for a maximum of three days, could be approved over -the- counter. Number of Permits Staff also recommend that the Council consider different criteria for the number of permits which may be administratively approved for different parts of town Since there are no residential uses east of Sepulveda Boulevard, the noise impacts of entertainment activities would likely pose less of concern if Entertainment Permits were granted administratively more often than just once a year Hours of Operation If Council accepts the premise that properties east of Sepulveda Boulevard could be subject to different thresholds for administrative review than properties west of Sepulveda Boulevard, staff would also recommend that the hours of operation threshold for east of Sepulveda Boulevard be later than west of Sepulveda Boulevard. As proposed the hours of operation threshold is 9 00 p m Sunday through Thursday, and 10 00 p m on Fridays, Saturdays, and Holidays Staff believes mid -week hours of 11 00p m , and weekend and holiday hours of 12 00 a m , east of Sepulveda Boulevard, would be an appropriate administrative review threshold. Fees Under the current procedures there is no fee for the processing of Amplified Sound Permits There is a current fee of $200 00 for new Entertainment Permits and $100 00 for annual renewals of Entertainment Permits Staff's understanding of Council's direction of "one permit- -one fee ", would suggest that perhaps the existing fee of $200 00 be applied to all Entertainment Permits Therefore, Entertainment Permits for one -time social events in residential zones would cost the same as Permits issued for commercial establishments which are using entertainment to enhance revenues for their business However, staff suggests that fees for processing Entertainment Permits be kept in relationship to the size of the proposed event and the relative amount of staff time and expense for processing some permits administratively and some permits with a public hearing at the Planning Commission To this end staff recommends that the cost of processing an "over- the - counter' Entertainment Permit be set at $50 00, and the cost of processing an Entertainment Permit with Planning Commission review be $200 00 in addition to the cost of publication of the public hearing notice in the "El Segundo Herald" Staff recommends the cost for the administrative renewal of such Permits would be $10000 New Process On October 20, 1998, the Council reviewed revisions to the Entertainment Permit regulations and Amplified Sound Permits that were revised by staff to address the issues described above Council directed staff to develop a 193 EA -419A, ZTA 97 -3A Page 4 City Council Staff Report November 3, 1998 streamlined process which would combine the two separate existing permit processes Staff was also directed that there should be one fee for the revised process With these criteria in mind, staff has revised the Chapters 5 36 (Entertainment Regulations) and 9 06 (Noise and Vibration Regulations) of the Municipal Code The revised process is designed to be implemented as a land use permit, not as other typical business license are processed The following highlight the important features of the proposed new process* • The Entertainment Permit would be required for all entertainment, as defined Section 20.36 020, with or without sound amplification • Entertainment Permits would be processed administratively by the Director of Planning and Budding Safety if conformance with a number of minimum requirements or thresholds are met (e g hours, duration of event, date of previous Permits, etc) The following are suggested threshold criteria which would determine if a Permit could be processed administratively • The location of the event meets all health, zoning, fire, and building safety codes, • The operation of the event shall not be detrimental to the health, safety and welfare of the City, • The applicant has not had a similar Permit revoked for good cause within the past year, • The event take places between the following hours • 8 00 a m through 9 00 p m Sunday through Thursday (West of Sepulveda Boulevard), • 8 00 a m through 10 00 p m Friday, Saturday, and Public Holidays (West of Sepulveda Boulevard), • 8 00 a m through 10 00 p m Sunday through Thursday (East of Sepulveda Boulevard), • 8 00 a m through 12 00 a m Friday, Saturday, and Public Holidays (East of Sepulveda Boulevard), • Noise levels do not exceed the noise standards, pursuant to Chapter 9 06 of the El Segundo Municipal Code, • The duration of the entertainment does not exceed 3 consecutive days, • An Entertainment Permit for the same business premises or residence was not issued in the previous 12 months for property west of Sepulveda Boulevard, • No more than three (3) administratively approved Entertainment Permits for the same business premises have been issued in the previous 12 months for property east of Sepulveda Boulevard • Permit applications which exceed any of the stated thresholds would have to be reviewed and approved by the Planning Commission at a public hearing with notification in the "El Segundo Herald" and to property owners within a 300 -foot radius (as standard in the Zoning Code) • The Director of Planning and Building safety or the Planning Commission could attach conditions or limit specific operational characteristics to mitigate potential impacts • Action by the Director of Planning and Building Safety or Planning Commission on a Permit would be appealable to the City Council • Future Permits approved by the Planning Commission could be also renewed administratively • Existing Entertainment Permit holders (e g , Panama's, Hacienda Hotel, Dory's Landing) would be "grandfathered" and not have to comply with the new threshold criteria for renewal of Permits These existing Permits would be renewed administratively and reviewed for compliance with existing conditions of approval • Current background checks by Police Department and identification card requirements have been eliminated • Staff would solicit appropriate comments from City Departments prior to the issuance of any Permit • The existing fee of $200 00 per Entertainment Permit ($100 00 for renewals) would be retained for Planning Commission approved Permits The fee for administratively approved Permits would be $50 00 • Existing suspension and revocation procedures would remain in place Construction Noise Permits Another (current) use of the Amplified Sound Permits has been to allow construction related activities outside the normal 7 00 a m to 6 00 p m. Monday through Saturday time period as currently specified in the Noise and Vibration Regulations (Chapter 9 06) Staff felt it would not have been appropriate to include these activities in the revised Entertainment Permit regulations Therefore, staff has retained the draft text in Section 9 06 090 authorizing the issuance of up to 8 Construction Noise Permits (for a maximum of 30 days each) for construction related activity per business location Additional Construction Noise Permits could be granted through the City's existing Adjustment Permit application process (Chapter 20 78) Finally, staff recommends that the cost of Construction Noise Permits also be $50 00 194 EA -419A, ZTA 97 -3A City Council Staff Report November 3, 1998 Page 5 Recommendation Staff recommends that the City Council consider the approach presented above for addressing the procedures for issuing Entertainment Permits, eliminating Amplified Sound Permits, and Construction Noise Permits While staff's recommendation for processing Entertainment Permits includes two tiers (administrative and Planning Commission), based on a standardized set of thresholds, staff believes the process will meet the intent of the Council to provide an equitable opportunity for both businesses and residents to continue to obtain Permits for entertainment activities at a reasonable cost and with a streamlined process to follow, while at the same time insuring that potential impacts from entertainment activities are reviewed by the City when appropriate p \zoning \ea419a \ea419a -6 ais 195 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -419A AND ZONE TEXT AMENDMENT ZTA 97- 3A, AMENDING VARIOUS SECTIONS OF TITLE 5 (BUSINESS REGULATIONS AND LICENSING), TITLE 9 (PEACE , SAFETY, AND MORALS), AND TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010, and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration, and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992, and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, and, WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place, and, WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments, and, WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358, and, WHEREAS, General Plan Amendment GPA 97 -3A is the third amendment processed and proposed for 1997, and, WHEREAS, on July 10, 24, August 14, 28, September 11, 25, and October 9, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2402 on October 9, 1998 recommending approval of the proposed amendments, and, 1 ORDINANCE NO 196 APPROVING EA419A, ZTA 97 -9A WHEREAS, on January 3, 1998, the Planning Commission and City Council did hold, pursuant to law, a duly advertised public bus tour /workshop on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law and the Joint workshop was continued until January 6, 1998, and, WHEREAS, on November 18, and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, October 20, and November 3 1998, the City Council did hold, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, and Zoning Code, and notice was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -419A and ZTA 97 -3A, the revisions to the Municipal Code and Zoning Code, and, WHEREAS, at said hearings the following facts were established The purpose of the revisions to the Municipal Code and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning and land use requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City 2 State law requires that zoning be made consistent with the General Plan NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -419A, and ZTA 97 -3A the City Council finds as follows GENERALPLAN The proposed Municipal Code and Zoning Code Amendments are consistent with the 1992 General Plan 2 The proposed General Plan Amendments under GPA 97 -3A are not adopted by the City ZONING CODE The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City 2 The proposed Municipal Code and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA), and, 2 ORDINANCE NO APPROVING EA419A,ZTA97 -3A 197 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mmimus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA -419A and ZTA 97 -3A, and adopts changes to the El Segundo Municipal Code as follows SECTION 1 Chapter 5 36 of Title 5, of the El Segundo Municipal Code is amended to read as follows Chapter 5.36 ENTERTAINMENT REGULATION Sections SUSPENSION AND REVOCATION 5 36 010 PURPOSE 5 36 020 DEFINITIONS 5 36 030 PERMIT REQUIRED 5 36 040 WRITTEN APPLICATIONS REQUIRED -FEES 5 36 050 CONTENTS 5 36 060 NOTICE OF CHANGE 5 36 070 APPROVAL OR DENIAL OF PERMIT 5 36 080 CONDITIONS OF APPROVAL 536,090 NOTICE OF DECISION 5 36 100 APPEAL PROCEDURE- APPEAL 5 36 110 RENEWALS 536,120 DISPLAY OF PERMIT 536 130 ASSIGNMENT OF PERMIT PROHIBITED 5 36 140 RULES AND REGULATIONS FOR ENTERTAINMENT ESTABLISHMENTS-POSTING 536 150 INSPECTION 5 36 160 SUSPENSION AND REVOCATION 5 36 170 REVOCATION 536 180 EXEMPTIONS 5 36 190 CITY PROPERTY 5 36 200 PUBLIC NUISANCE ABATEMENT 5 36 010 PURPOSE The purpose of this chapter is to set forth rules and regulations governing entertainment at certain premises within the territorial limits of the city and require a permit therefor 5 36 020 DEFINITIONS ORDINANCE NO APPROVING EA419A, ZTA 97 -3A no:, For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended (1) Appellant "Appellant" means a person who perfects an appeal pursuant to this chapter, (2) Applicant "Applicant' means a person who files an application for a new or renewal permit as provided herein, (3) Day 'Day" means a calendar day, (4) Entertainment "Entertainment' means A Any act, play, review, pantomime, scene, dance, musical performance, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such performances, or B. Any form of dancing upon the premises by patrons thereof, or C. Any fashion or style show, except when the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel, or D Any private event which includes amplified sound, (5) Nonprofit Organization "Nonprofit organization' means any religious, governmental or nonprofit association or institution exempt from real property taxation under either Article XIII of the Constitution or the Revenue and Taxation Code of the state, (6) Notice "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service, (7) Performer 'Performer" means any person who performs any entertainment, (8) Permittee " Permittee" means any person, firm, or corporation who, or which shall be granted a permit as provided herein, and his or its agents and representatives, (9) Person 'Person' means natural person, firm, corporation, or association (10) Premises "Premises" means any public or private building or property located within the City 5 36 030 PERMIT REQUIRED It shall be unlawful for any person operating, owning, or in control of any premises within the city to allow any entertainment, upon the premises whether inside or outside, or in or upon any adjoining room or premises, unless there has been granted to such person a valid entertainment permit therefor, pursuant to the provisions of this chapter 5 36 040 WRITTEN APPLICATIONS REQUIRED - FEES 4 ORDINANCE NO 199 APPROVING EA4I9A, ZTA 97 -3A An application for an entertainment permit shall be filed with the director of planning and building safety, shall be in writing, on forms provided by the city, and shall be accompanied by one of the following application fees (1) The application fee for an entertainment perrrut is fifty dollars if no planning commission review is required, (2) The application fee for an entertainment permit is two hundred dollars when planning commission review is required The applicant shall reimburse the City for the cost of publication of public hearing notices in the newspaper, or, (3) The application fee for renewal of an entertainment permit is one hundred dollars The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable Any such application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings 5 36 050 CONTENTS Each application shall contain (1) A complete identification of the applicant, including the names, residence and business addresses of the owner of the business or residence or any copartners, including limited partners, or, if the applicant is a corporation, and the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the date and place of incorporation, (2) The names, residence and business addresses of the managers and person to be in charge, (3) The name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided, (4) The address and the particular room(s) or areas for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity, (5) The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated, (6) Whether or not any person referred to in subsections (1), (2), or (3) of this section, has previously had a permit for the same or any similar business suspended or revoked by another public agency, and, if so, the circumstances of such suspension or revocation The suspension or cancellation of a liquor license shall be considered as being included within the purpose of this subsection, (7) A statement in detail of the kind of entertainment which is to be conducted on the premises and the date(s) on which the entertainment will be conducted, (8) The hours of operation, and (9) Such other related information as the director of planning and building safety may require 5 36 060 NOTICE OF CHANGE 5 ORDINANCE NO 200 APPROVING EA419A, ZTA 97 -3A Whenever any change occurs, relating to the written Information required by Section 5 36 050, the applicant or permittee shall give notification of such change to the director of planning and building safety within twenty days before such change or at any hearing conducted under this chapter if such hearing is conducted before the above notification has been given 536,070 APPROVAL OR DENIAL OF PERMIT After a review of the application, by the director of planning and building safety, the permit shall be approved if all the following criteria can be meet (1) A completed written application form has been filed, (2) The required application fee has been paid to the city treasurer, (3) That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the heath, zoning, fire, building and safety requirements and standards of the laws of the State of California and this code applicable to such operations, (4) That the operation will not be detrimental to public peace, health, safety, morals, or welfare of the City or its inhabitants either by reason of the location or nature of the business or activity or the manner in which the business or activity is proposed to be conducted, (5) That the business or premises is not a public nuisance or has not been a public nuisance at any time within the last five years, and (6) That the applicant, has not knowingly made any false, misleading or fraudulent statement of a material fact In the application for a permit, or in any report or record required to be filed with the director of planning and building safety, and (7) That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation, and (8) That no person(s) shall conduct, show, stage, perform, produce, or permit any entertainment other than between the following hours on any premises for which a permit is required under this chapter A 8 00 a m through 9 00 p m Sunday through Thursday (West of Sepulveda Boulevard) B 8 00 a m through 10 00 p m Sepulveda Boulevard), C 8 00 a m through 10 00 p m Boulevard), D 8 00 a in through 12 00 a m Sepulveda Boulevard), and Friday, Saturday, and Public Holidays (West of Sunday through Thursday (East of Sepulveda Friday, Saturday, and Public Holidays (East of (9) Noise levels shall not exceed the noise standards, pursuant to Chapter 9 06 of the El Segundo Municipal Code, and (10) The duration of the entertainment does not exceed 3 consecutive days, and (11) An entertainment permit for the same business premises or residence has not been issued in 6 ORDINANCE NO 201 APPROVING EA4I9A, ZTA 97 -3A the previous 12 months for properties west of Sepulveda Boulevard), (12) No more than three (3) Entertainment Permits for the same business premises have been issued in the previous 12 months for properties east of Sepulveda Boulevard, (13) That the room, hall or other place where dining and dancing are pernutted shall be kept well and adequately lighted with uniform Intensity at all times and with a minimum light of three foot - candles thirty Inches from the floor If any of the above criteria can not be meet by the applicant, the director of planning and building safety shall refer the application to the planning commission for review The Director of Planning and Building Safety shall give public notice, as provided in Chapter 20 90 of the El Segundo Municipal Code of the intention to consider the entertainment permit at a public hearing 5 36 080 CONDITIONS OF APPROVAL Conditions and restrictions may be placed on an entertainment permit as necessary and appropriate to regulate the operation and conduct of the applicants premises, business or activities to protect the peace, health, safety, morals, and welfare of the City or its inhabitants Such terms and restrictions may include, but are not limited to, limitations on the number of people permitted on the premises at a given time, vehicular parking and traffic standards and requirements, limitations on noise levels, trash and debris clean -up and removal requirements, duration of the permit, number of events allowed, restrictions on the hours of operation, and subsequent formal review by the director of planning and building safety prior to any annual renewal, if considered appropriate based on special circumstances 5 36 090 NOTICE OF DECISION Notice of the decision of the planning commission or director of planning and building safety with reference to a permit application under this chapter shall be made to the applicant or to any other person requesting such notice within seven days after final action is taken on a application for a permit 536 100 APPEAL PROCEDURE - APPEAL Any person aggrieved by the decision of the planning commission or the director of planning and building safety -with reference to the approval, denial, or suspension of a permit, shall have the right of appeal Appeals shall be processed as provided by Chapter 20.82 of the El Segundo Municipal Code 5 36 110 RENEWALS An entertainment permit in effect prior to adoption of this section or originally approved by the planning commission may be renewed annually, subject to the approval of the director of planning and building safety and payment of a renewal fee The renewal of an entertainment permit in effect prior to adoption of this section shall not be subject to the thresholds in Section 536 070 Instead, the director of planning and building safety shall review the renewal application for conformance with existing conditions of approval Entertainment permits originally approved by the director of planning and building safety (one -time events) may not be renewed 5 36 120 DISPLAY OF PERMIT Every person holding a permit issued pursuant to this chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view 7 ORDINANCE NO 202 APPROVING EA419A, ZTA 97 -3A 5 36 130 ASSIGNMENT OF PERMIT PROHIBITED The assignment or attempt to assign any permit Issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void 5 36 140 RULES AND REGULATIONS FOR ENTERTAINMENT ESTABLISHMENTS - POSTING Every person holding a permit issued pursuant to this chapter shall keep the rules and regulations contained in Chapter 5 36 and such supplemental rules and regulations as may be adopted by the City, posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view of customers 536 150 INSPECTION The police department, In addition to Its other duties, may Inspect any and all establishments licensed pursuant to this chapter Police officers, noise control officers, and any official inspectors while on official business shall be allowed by every permittee to enter such establishment free of charge for the purpose of inspection 5 36 160 SUSPENSION AND REVOCATION The director of planning and building safety may suspend any permit Issued hereunder, if It is found that (1) The operation, as conducted by the applicant does not comply with all the health, zoning, fire, noise and vibration, building and safety requirements, conditions of approval or other applicable laws and regulations, (2) The applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder, associate, or manager has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any government agency, (3) The business is a public nuisance or has been a public nuisance at any time within the last five years, (4) The applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation The determination of the director of planning and building safety with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 5 36 100 of this chapter The director of planning and building safety, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension Said order shall be effective immediately if personally served, or forty -eight hours after the same has been deposited in the United States Postal Service Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit g ORDINANCE NO 203 APPROVING EA419A, ZTA 97 -3A 536 170 REVOCATION The suspension shall become a revocation fifteen days after the order of suspension becomes effective unless the perrmttee files an appeal of the order of suspension in the manner set forth in Section 5 36 100 of this chapter Where an appeal is filed, the suspension shall continue pending a determination thereon by the city council which shall act upon the same at a meeting of the city council fixed by the city clerk, in the manner set forth in Section 5 36 100 of this chapter Such suspension shall become a revocation if the city council upholds the suspension The determination of the city council shall be final 5 36 180 EXEMPTIONS An entertainment permit shall not be required of any bona fide City sanctioned event approved by the City Council 536 190 CITY PROPERTY An entertainment permit shall not be required of any person in connection with the use of city property, unless such property is used by a private group 5 36 200 PUBLIC NUISANCE ABATEMENT Any business establishment providing entertainment maintained contrary to the provisions of this chapter shall be, and the same hereby is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of any criminal action taken hereunder, commence an action or proceeding for abatement, removal or enjoinment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or remove such establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment where entertainment is provided contrary to the provisions of this chapter SECTION 2. Section 9 06 040 of Chapter 9 06, Title 9, of the El Segundo Municipal Code is amended to read as follows 9 06 040 NOISE STANDARDS (1) No person shall, at any location within the City, create any noise, nor shall any person allow the creation of any noise within the person's control on public or private property (hereinafter 'Noise Source "), which causes the noise level when measured on any other property (hereinafter 'Receptor Property"), to exceed the applicable noise standard, as defined in subsections (a) and (b) of this section, except as set forth in subsection ((c)l) of this section (a) Residential Property - Five (5) dBA above the ambient noise level (b) Commercial and Industrial Property - Eight (8) dBA above the ambient noise level (c) Adjustments 9 ORDINANCE NO APPROVING EA419A, ZTA 97 -IA 204 I Increases to the noise standards as set forth in subsections (a) and (b) of this section may be permitted in accordance with the following NOISE STANDARDS ADJUSTMENTS Permitted Duration of Increase Increase (dBA) (minutes)* 0 30 5 15 10 5 15 1 20 less than 1 * Cumulative minutes during any one hour 2 If the receptor property is located on a boundary between two different noise zones, the lower noise level standard applicable to the quieter zone shall apply SECTION 3. Section 9 06 050 of Chapter 9 06, Title 9, of the El Segundo Municipal Code is amended to read as follows 9 06 050 NOISE LEVEL MEASUREMENT The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall Interior noise measurements shall be made within the receptor residential unit The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source with windows and doors in a opened position SECTION 4. Section 9 06 090 of Chapter 9 06, Title 9, of the El Segundo Municipal Code is amended to read as follows 9 06 090 PERMITS (1) The noise control officer may grant Construction Noise Permits for construction related uses only to applicants who cannot comply with the requirements of this chapter If the applicant can show compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, and that compliance would be Impractical (2) The noise control officer may Issue up to a maximum of 8 Construction Noise Permits (for up to maximum of 30 days for each permit) for the same business premises in any calendar year (3) Applicants may request to exceed the maximum number of Construction Noise Permits allowed annually on the premises, through the approval of an Adjustment as specified in Chapter 20 78, Adjustments A permit shall not be granted to waive compliance with Sections 9 06 015 or 9 06 020 of this Title (3) In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected, the adverse 10 ORDINANCE NO APPROVING EA419A, ZTA 97 -3A 205 impact on property affected, and any other adverse impacts of granting the permit The decision of the Noise Control Officer shall not be based on the content of any speech proposed pursuant to the application Applicants for permits may be required to submit any information the noise control officer may reasonably require The noise control officer shall retain on public file a copy of the decision which shall include a statement of the reason for the decision (5) Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity The permit shall not become effective until the applicant agrees to all conditions In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter (6) The noise control officer may issue guidelines defining the procedures to be followed in applying for a permit (7) Unless otherwise specifically exempted by the El Segundo Municipal Code, Entertainment Permits, pursuant to Chapter 5 36, shall be required for all exterior activities which utilize amplified sound, such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals (8) Any appeal of the decision of the noise control officer with respect to any noise perirut must be made to the City Council in writing within ten days after the action of the noise control officer has been communicated to the applicant SECTION 5. Section 20 08 723 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 2009723 SIGN, ABANDONED "Sign, Abandoned" means any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned by the owner thereof for a period of one year A lawfully erected sign structure for a vacant property or building which is actively available for lease shall not be considered abandoned after one year, unless the Director of Planning and Budding Safety determines the sign is a public nuisance, pursuant to Section 20 60 040 SECTION 6. Section 20 08 728 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 728 SIGN, ANNOUNCEMENT "Sign, Announcement" means a temporary sign intended to direct attention to, or advertise a future development, tenant, or business on a property SECTION 7. Section 20 08 740 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 08 740 SIGN, BILLBOARDS "Billboards" mean any sign erected for the purpose of advertising a product, event, business, person, or subject not located on the premises on which the sign is located and containing a surface or display area of 500 square feet or more ORDINANCE NO 206 APPROVING EA419A, ZTA 97 -3A SECTION 8. Section 20 08 765 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 08 765 SIGN, GROUND "Ground sign" means a type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a fin sign or pole sign, as defined by this code, SECTION 9. Section 20 08 777 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 777 SIGN, NONCONFORMING "Sign, Nonconforming" means a sign which complied with all applicable regulations at the time it was installed, but which now is in conflict with the provision of this chapter SECTION 10. Chapter 20 60 of Title 20, of the El Segundo Municipal Code is amended to read as follows 20.60 SIGNS Sections 20 60 010 PURPOSE 20 60 020 APPLICABILITY 20 60 030 PERMITS REQUIRED 20 60 040 DESIGN, CONSTRUCTION AND MAINTENANCE 20 60 050 SIGN PLAN 20 60 060 GENERAL PERMIT PROCEDURES 20 60 070 SIGN ADJUSTMENT 20 60 080 SIGNS IN NON - RESIDENTIAL ZONES 20 60 090 SIGNS IN RESIDENTIAL ZONES 20 60 100 SIGNS EXEMPT FROM REGULATION 2060110 PROHIBITED SIGNS 20 60 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY 20 60 130 NONCONFORMING SIGNS 20 60 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS 20 60 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS 20 60 010 PURPOSE The purpose of this Chapter is to encourage the effective use of signs as a means of communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround, improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Chapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan 20 60 020 APPLICABILITY 12 ORDINANCE NO 207 APPROVING EA419A, ZTA 97 -3A A sign may only be erected and maintained, in conformance with the requirements of this Chapter The effect of this Chapter is A To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chapter, B To prohibit all signs not expressly permitted by this Chapter, and, C To ensure that the constitutionally guaranteed right of free speech is protected 20 60 030 PERMITS REQUIRED A The property owner shall secure a sign permit prior to the erection or modification of any sign which requires a permit under the provision of this Chapter B Signs in the public right -of -way shall be erected in accordance with Section 20 60 120 C No sign permit shall be issued for any sign unless such sign is consistent with the requirements of this Chapter and with the -Sign Plan in effect for the property 20 60 040 DESIGN. CONSTRUCTION AND MAINTENANCE A All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code, B Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Chapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure, and, C All signs permitted pursuant to this Chapter shall be maintained in good repair, structural condition, function properly, be free from all defects, including, but not limited to, cracking, rusting, and peeling, and be in compliance with all building and electrical codes, at all times, to the satisfaction of the Director of Planning and Building Safety Signs not so maintained shall be deemed a public nuisance and may be abated pursuant to Section 20 60 150 20 60 050 SIGN PLAN No pernut shall be issued for an individual sign requiring a permit until a Sign Plan for the development, lot, or business has been approved by the Director of Planning and Building Safety A Sign Plan Requirements. A Sign Plan shall contain the following 13 ORDINANCE NO 208 APPROVING EA4I9A, ZTA 97 -3A I An accurate scaled plot plan of the lot, 2 Location of buildings, parking lots, driveways, and landscaped areas shown on the plot plan, 3 Computation of the maximum total sign area, maximum area for individual signs, height and number of signs, and total building wall area on which the signs are located, 4 The proposed location of each sign, present and future, whether requiring a permit or not, shown on both the plot plan and elevations, and, S Consistency standards among all signs on the lots affected by the Plan with regard to Color scheme, Lettering or graphic style, Lighting, Material, and, Sign dimensions B Showing Window Signs on Sign Plan. A Sign Plan may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign C Consent. The Sign Plan shall be signed by all owners or their authorized agents D Procedures. A Sign Plan may be amended by filing a new Sign Plan that conforms with all requirements of this Chapter 20 60 060 GENERAL PERMIT PROCEDURES The following procedures shall govern the submission and review, and issuance of all Sign Plans under this Chapter, and the application for and issuance of Sign Permits A Sign Plans 1 Fees Each application for a Sign Plan shall be accompanied by the applicable fees, which shall be established by the City Council A sign permit, consistent with an approved Sign Plan, shall not require an additional Sign Plan fee, except applicable Building Permit fees, 2 Completeness. Within 10 working days of receiving an application for a Sign Plan, the Director of Planning and Building Safety shall review it for completeness If the Director finds it is complete, the application shall then be processed If the Director finds it is incomplete, the Director shall, within such 10 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Chapter, and, Action. Within 14 working days of the submission of a complete application for a Sign Plan, the Director shall either 14 ORDINANCE NO 209 APPROVING EA419A, ZTA 97 -3A Approve the proposed plan if the sign(s) as shown on the plan and the plan Itself conforms in every respect with the requirements of this Chapter, or, Reject the proposed plan if the sign(s) as shown on the plan or the plan Itself falls in any way to conform with the requirements of this Chapter In case of a rejection, the Director shall specify in the rejection the section(s) of this Chapter with which the plan is Inconsistent B Sign Pei outs Individual Sign Permits. The Director of Planning and Building Safety shall review each application for an individual sign permit to ensure consistency with the purpose and development standards of this Chapter, and, any applicable approved Sign Plan for the property The Director shall either Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Chapter and of the applicable Sign Plan, or, Reject the sign permit, if the sign(s) that is the subject of the application falls in any way to conform with the requirements of this Chapter and/or of the applicable Sign Plan In case of rejection, the Director shall specify in the rejection the section(s) of this Chapter or applicable plan with which the sign(s) is inconsistent 20 60 070 SIGN ADJUSTMENT In order to encourage quality signage, while assuring adequate business Identification, modification from any non - structural provision of this Chapter may be granted upon the approval of a sign adjustment, pursuant to the requirements of Chapter 2078, Adjustment 20 60 080 SIGNS IN NON - RESIDENTIAL ZONES The following development standards shall apply to signs in non - residential zones A General Provisions All signs shall be erected consistent with the purposes of this Chapter, B Freestanding Buildings. Freestanding buildings shall be allowed, wall, fin, marquee, canopy, projecting, and roof signage up to 5% of each building face, C Store Fronts. Store front shops shall be allowed signage up to 15% of the face of each shop front, including any wall, fin, marquee, canopy, projecting, and roof signs, D Monument or Ground Signs Monument or ground signs up to 150 square feet of signage area per sign face shall be permitted, 2 1/ n 15 ORDINANCE NO APPROVING EA419A, ZTA 97 -9A E Free Standing or Pole Signs For lots with multiple uses or multiple users the number of free standing or pole signs shall be limited to a total of one for each street on which the lots included in the Sign Plan have frontage and shall provide for common usage of such signs, F Site Signage. On -site signage used for either ingress or egress, identification of facilities or similar features shall be submitted as part of a Sign Plan, G Directional Signs Signs which provide directions to a business located on another property within the City of El Segundo a maximum distance of 500 feet from the property on which the sign is located, H Large Signs Any sign over 500 square feet in area shall be subject to approval by the City Council, Temporary Signs. Temporary signs shall be allowed upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements Special Event or Sale Signs. A sign advertising a special event or sale, up to a maximum size of 100 square feet for a specified maximum 30- day period is allowed, which may be renewed up to a total of 120 days Animal or human beings, live or simulated, designed or used to attract attention to the premise may be used only as a special event or sale sign, provided they are not located on public property or in the public right -of- way, 2 Construction Signs. Signs identifying those persons engaged in construction up to a maximum of 32 square feet per construction site, shall be allowed for a maximum period of 6 months The Director of Planning and Building Safety may grant up to three separate 6 month extensions, 3 Real Estate Signs "For Sale ", "For Lease', "For Rent" signs up to a maximum size of 32 square feet Real estate signs shall be removed immediately following the sale (close of escrow), lease (occupancy), or disposition of the property, and, 4 Announcement Signs. One temporary construction "announcement' or "Coming Soon" sign up to a maximum size of 100 square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case shall an Announcement Sign be displayed for more than one year J Setbacks Any sign may be erected in a required setback provided a 5 foot minimum setback is maintained and the sign is not located in a required corner clearance or driveway visibility area, K Works of Art. Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to 6 square feet in area or 1% of the area of the artwork, 211 16 ORDINANCE NO APPROVING EA419A, ZTA 97 -3A whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork Works of art shall be permitted to exceed 500 square feet without City Council approval 20 60 090 SIGNS IN RESIDENTIAL ZONES The following sign regulations shall apply to residential zones A Residential uses in the R -I and R -2 Zone shall be permitted one unlighted sign, not to exceed 6 square feet in area, pertaining only to the sale, lease or hire of only the particular building, property, or premises upon which the sign is displayed, B One open house sign per lot, not to exceed 6 square feet in area, may be erected and maintained only during the period of time the open house is actually in progress No open house signs may be erected or maintained on public property or in the public right -of -way or on property which is not the subject of the open house, C In the R -1, R -2, R -3, PRD, and MDR Zones, during the initial period of the development project, signs not exceeding a cumulative total of 32 square feet in surface area, advertising development or the sale of subdivisions and tract homes, shall be permitted This period shall be defined as beginning with the recording date of the subdivision map and terminating 12 months thereafter, D Signs in the R -1, R -2, R -3, PRD and MDR Zones may identify those persons engaged in construction on -site, not to exceed a cumulative total of 32 square feet in area However, such a sign is permitted only as long as construction is in progress, but under no circumstances shall it exceed 6 months, E In the R -3 Zone, one identification sign per lot is allowed, not to exceed 20 square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed, F The developer of a condominium project or condominium conversion shall install, prior to occupancy, one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units "For Sale," "For Rent," or "For Lease " The design for the sign standard and its location on the property shalt be approved by the Director of Planning and Building Safety prior to its installation The one -side surface area of the sign shall not exceed a cumulative total of 9 square feet No other "For Sale," "For Rent," or "For Lease" sign for individual units shall be permitted, G Non - residential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed 12 square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed, H Permitted non - residential uses in residential zones that are currently in compliance with the El Segundo Municipal Code, except home occupation 17 ORDINANCE NO 212 APPROVING EA419A, ZTA 97 -3A businesses, shall be permitted one wall sign, not to exceed 6 square feet in size for the purpose of identifying the business located on the property, and, Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork Works of art shall be permitted to exceed 500 square feet without City Council approval 20 60 100 SIGNS EXEMPT FROM REGULATION The following signs shall be exempt from obtaining a sign permit, but all signs must comply with the corner clearance and driveway visibility provisions of Chapter 20 12, General Provisions A Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance, including, Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice, and, Directional, warning, or information signs of a public or semi- public nature, established and maintained by an official body B Any sign inside a building, not attached to a window or door, and not legible from a distance of more than 3 feet beyond the lot line of the lot or parcel on which such a sign is located, C Traffic control signs on private property, (e g, Stop, Yield, and similar signs), the face of which meet California Department of Transportation or City Public Works standards and contain no commercial message, D Building masker signs, E Official Flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, and nationally or internationally recognized organizations, including corporations, F Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain a commercial message or are not used for commercial purposes, and, G Political signs shall be permitted in any zone, except the Open -Space and Public- Facilities Zones, subject to the following Such signs shall not exceed 4 square feet in area, Such signs shall be removed no later than 48 hours after the election or ballot measure to which they refer, and, 213 18 ORDINANCE NO APPROVING EA419A, ZTA 97 -IA 3 Such signs shall not be permitted on public property or in the public right -of -way Such signs shall not be located or attached to any structure on public property or in any public right -of -way Political signs shall not be attached to utility poles or street signs on public property or in the public right -of -way 20 60 110 PROHIBITED SIGNS All signs not expressly permitted under this Chapter are prohibited Such signs include, but are not limited to A Beacon signs, used in connection with commercial premises for commercial purposes, B Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes, C Billboards, D Flags and pennants, except those exempt under the previous section, E Signs which errut sounds (except ordering menu boards at drive - thrus), odor, or visible matter, such as smoke or steam, F Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, G Trader or portable signs, H Notwithstanding any other provisions of this title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare, I Signs which flash, rotate, pulsate, or otherwise move, such that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal, and, J Strobe lights used in signs 20 60 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed on public property or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 of the El Segundo Municipal Code, and as listed below A Permanent Signs 19 ORDINANCE NO 214 APPROVING EA419A, ZTA 97 -3A I Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street parking regulations, 2 Bus stop signs erected by a public transit company, 3 Informational signs of a public utility regarding its poles, lines, pipes, or facilities, and, 4 Awning, canopy, fin, marquee, projecting and suspended signs which are attached to private property but project over public property or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code B Emergency or Construction Signs. Emergency and construction warning signs elected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right -of- way C Removal of Other Signs. All signs installed or placed on public property or in the public right -of -way not in conformance with this section may be removed without complying with Section 20 60 160 Said signs shall be retained by the City for a period of not less than three working days Thereafter, any unclaimed signs may be discarded Should the City be required to remove any illegal sign pursuant to this Section, the cost of removal shall be assessed against the owner or person placing such sign 20 60 130 NONCONFORMING SIGNS A nonconforming sign shall not be A Changed to another nonconforming sign or replaced by the same nonconforming sign, B Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this Chapter, C Relocated to another site on the same property or any other property within the City, D Re- established after discontinuance of the use for ninety days or more, or, E Re- established after damage or destruction or more than fifty percent of the value of the structure of the sign prior to said damage or destruction 20 60 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS Within 120 days atter adoption of this Section, the Director of Planning and Building Safety shall commence the identification and inventory of all illegal or abandoned signs in the City 20 60 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS 20 ORDINANCE NO 215 APPROVING EA419A, ZTA 97 -3A A Every illegal or abandoned sign identified in the Inventory required by Section 20 60 140 1s declared a public nuisance Any illegal or abandoned sign not complying with the provisions of this Chapter or for which no permit was issued - except for those signs which were valid when erected, made nonconforming by this Chapter and still in compliance with Section 20 60 040 - is declared to be a public nuisance and the Director of Planning and Building Safety shall order the abatement of the nuisance by demolition, repair, rehabilitation, or alteration so that the same conforms to the requirements of this Chapter B When the Director of Planning and Building Safety has found a public nuisance to exist pursuant to this Chapter, the Director shall give written notice to the party concerned by certified mail, stating the manner in which such sign does not comply with the provision of this Chapter This notice of compliance shall also be posted on the sign itself or, if that is not possible, on any structure on the property on which the sign is located The party concerned shall be the applicant foi the sign if a permit was issued for the sign If no permit was issued, then the party concerned shall be the person owning the premises on which the sign is located The notice shall require the party concerned to bring the sign into compliance with the provisions of this Chapter within thirty days from the date of the notice Failure of any party concerned to receive notice shall not affect the validity of any proceedings under this Chapter C Any party concerned or having any interest in the sign may request a hearing regarding the notice of compliance Such request for hearing shall be filed with the Director of Planning and Building Safety within ten days after the notice of compliance has been served The request for hearing shall state the names of all parties concerned as known to the one requesting the hearing, the address at which notice to such persons may be given, and a summary of the reasons for which the hearing is being requested D Upon receiving a request for hearing, the Director of Planning and Building Safety shall set a hearing on the matter at least ten days after the request has been received The Director of Planning and Building Safety shall give notice to the person requesting the hearing and all other parties concerned Within ten days after the hearing, the Director shall render his or her decision, which is final and not appealable If the sign is not in compliance with the provisions of this Chapter or the sign cannot be made in compliance with this Chapter, the Director shall order the removal of the sign A written notice of decision shall be mailed to all persons who previously received notice Within twenty days from the date of the notice, the applicant or owner of the property shall comply with the terms of the decision If he or she fails to do so, then the City may cause the sign to be removed and assess the cost of such removal against the owner SECTION 11. Section 20 78 010 of Chapter 20 78, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 78 010 GRANTING Whenever a stuct interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the 21 ORDINANCE NO 216 APPROVING EA419A, ZTA 97 -3A unreasonable depuvation of the use or enjoyment of property, an adjustment may be granted, subject to the following restriction and in the manner hereafter provided Adjustments may be granted to allow A) A fence, wall, or hedge up a maximum height of eight (8) feet, B) Architectural Landscape Features which exceed the standards set forth in Section 2012 170, C) Signs which exceed the standards set forth in Chapter 20 60, and, D) Noise Pei mits which exceed the standards set forth in Section 9 06 090 SECTION 12. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 13. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereot in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law PASSED, APPROVED and ADOPTED this day of , 1998 Mike Gordon, Mayor Article I ATTEST I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly mtioduced by said City Council at a regular meeting held on the day of , 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clei k 217 APPROVED AS TO FORM Mark D Hensley, City Attorney 22 ORDINANCE NO APPROVING EA419A, ZTA 97 -3A EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 1 of 19 CHAPTER 20.08 DEFINITIONS 20 08.740 SIGN, BILLBOARDS "Billboards" mean any sign erected for the purpose of advertising a product, event, business• person, or subject Wheth9F er not Felated to the premises on which the sign is located and containing a surface or display area of 500 square feet or more 20 08 765 SIGN, GROUND "Ground sign" means a type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a serebiaatiefl sign; fin sign or pole sign, as defined by this code Draft Revised- 10/27/98 218 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 20.60 SIGNS Sections 20 60 010 PURPOSE 20 60 020 APPLICABILITY 2069 non SIGN AREA AND WQGWT c vrn�rnv+.- r.rTC..Tm.v- rT�rvrrr 20.60.0$_40 PERMITS REQUIRED 20 60 0460 DESIGN, CONSTRUCTION AND MAINTENANCE 20 60 06_60 SIGNA&E PLAN GENERAL PERMIT PROCEDURES :20 A9 070 SIGNS IN THE 121-1-BLIG RIGHT OF WAY-- Pa 60 ()An 2- IGNS EX&ART ERIKA REG-1 II ATIrI AI 111.IDER TIJIQ GRr11A14 NrE 20 60 090 Page 2 of 19 20.60.010 PURPOSE The purpose of this -Qehapter is to encourage the effective use of signs as a means of communication in the Qsity, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, encourage ano appearance ro me Duuainas ana sires wnicn mev_occupv Ana surrouna. improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Qehapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan 20 60 020 APPLICABILITY A sign may gj2y be erected and maintained,plaeed, ° ^' , painted, created in conformance with the requirements of this Chapter. The effect of this Chapter as Fn9Fe 6peelfleally set leFth heFGIR, is A To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Draft Revised- 10/27/98 219 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 3 of 19 Zones, subject to the standards and the permit procedures of this erOliaanee, BQ To prohibit all signs not expressly permitted by this Chapter, and, To the .n .n .h 20.60 0x40 PERMITS REQUIRED. plaeement;_erection or modification of any sign which if a sign requir9§+P'g a permit under the provision of this Chapter 5_ NG asigns Shall be erected in the public right -of -way exeepi +R ZULU erected m accordance with Section 20.60.]U070 �. No sign permit of-aRy IuRd shall be issued for and existing eF pFepeGed sign unless such sign is consistent with the requirements of this Chaoter TWO Draft Revised- 10/27/98 220 EA- 419A/GPA 97- 3APZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 4 of 19 IR every- respect and with the Plan in effect for the property 20600-460 DESIGN, CONSTRUCTION AND MAINTENANCE A All signs shall comply with applicable provisions of the latest adopted Uniform Budding Code, the National Electrical Code, and Uniform Sign Code, B Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Qehapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure , and, C All signs permitted pursuapLjQ_tbh9_Qba= shall be :. in .... .. structural condition, function prQperly. be free fr9m _ all defects, compliance includina, but not limited to, cracking. rusling, and in g and electrical codes and in r.9Rf9FFnan99 Building this Gede, at all times, to the satisfaction of the QiWcto Safety, .. not .u..,... ghall Ug deemed .. nuisanQe and may be abated 12 . o .AO 0� 60 :0 MASTER - R GQ , No permit shall be issued for an individual sign requiring a permit a#es6 and until a Master Signage Plan 9F a Gemmen SigRage PlaR for the development. lot, or business has been stted and approved by the Director of Planning and Budding Safety A Alaster-Signage Plan Requirements. r-8F any let en whieh the ewne Aa Master Signage Plan abaH containing the following 1 An accurate scaled plot plan of the lot, At Augh Annie as the -n-FArtni: 2 Location of buildings, parking lots, driveways, and landscaped areas shown on the LQt i SuGh le f, 3 Computation of the maximum total sign area, maximum area for individual signs, height of signs and number of !Fee standing signs, and total building wall area on which the signs are located allewed ep 4 Ithe proposed location of each sign, present and future, of any—type; whether Draft Revised 10/27/98 221 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 5 of 19 requiring a permit or not, shown on both the plot plan and elevations and. � shall a'60 C sonsisteniey staff among all signs on the lots affected by the Plan with regard to. g.a-- Color scheme, E 2- Lettering or graphic style, g & Lighting; Si 6- Material, and, g 6 --Sign dimensions. BQ Showing Window Signs on GOMMOR OF Ma Signage Plan. A Signage Plan, ineluding windew 619R6, may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. -Q& Consent. The Mgstpr nF Gnmmn ignage Plan shall be signed by all owners or their authorized agents and Building Safe., shall Fequire g#. Procedures. A Signage Plan may be amended by filing a new A.4asteF nic Gemmen Signage Plan that conforms with all requirements of these C to 9Fd'RaRG9 theA 'A 080t Draft Revised- 10/27/98 222 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 6 of 19 20.60.0644,0 GENERAL PERMIT PROCEDURES The following procedures shall govern the submission and review appNsat{ea fey, and issuance of all Bsign Plans pemalts under this h lei er�aase, and the application for and issuance of Signage Permits plane: 143 Fees. Each application for a sigR PlElffnit 9F f9F appFeval ef a Mastef of Gemmqn Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council #reeve to time 2G Completeness. Within IDS days of receiving an application fora Signage Plan, the Director of Planning and Building Safety shall review it for completeness If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such Ng-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Qshapter, and, 329. Action. Within 14$ w9CKIn days of the submission of a complete application for a saga perFA+t, the Director shall either. Draft Revised- 10/27/98 223 . • 99F --- - - - - a 32� - - -- - - - - - - - -- --- - -- - - - - - - - 'WV - -- Draft Revised- 10/27/98 223 EA- 41 9A/GPA 97- 3AIZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 7 of 19 gS Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Qehapter, or, k4 Reject the proposed plan if the stgn(s) as shown on the plan or the plan itself fads in any way to conform with the requirements of this S_,cehapter. In case of a refection, the Director shall specify in the refection the section(s) of this -Qehapter with which the plan is inconsistent. 1. El Draft Revised: 10/27/98 224 lip ,. Draft Revised: 10/27/98 224 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 13 of 19 EG Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, QB Trailer signs, aadr HE- Notwithstanding any other provisions of this title, no outdoor advertising structure.ef outdoor advertising display, or billboard. regardless of size. goods produced or sold upon the property upon which the sign is placed shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the wed moo thereon visible to persons or passengers upon any such thoroughfare.; #, 13 Signs which flash, rotate, pulsate, or otherwise move, 5uch that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal• and. Draft Revised: 10/27/98 230 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 14 of 19 r_zr.�err.�rr.�- �nr:Rrc�en_ �arr.�r�erzrr�irsi�� . ..... ..... zta.[ ��irrnmer�c �rrss_ �va�nr_ Tr _rs�rn:r .�n_*sr_�mr�s�rsar�� . . MR zta.[ ��irrnmer�c �rrss_ �va�nr_ Tr _rs�rn:r .�n_*sr_�mr�s�rsar�� . . ......... _ .. 20601207-0 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed on public orooertv or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 GhapteF 42 94 of the El Segundo Municipal Code, and as listed below. Draft Revised: 10/27/98 231 I MI ... ...... _ _. _ ._ ._ _. ..._. 20601207-0 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed on public orooertv or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 GhapteF 42 94 of the El Segundo Municipal Code, and as listed below. Draft Revised: 10/27/98 231 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 15 of 19 DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 A Permanent Signs. 1 Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street parkins regulations; 2 Bus stop signs erected by a public transit company, 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities, and, 4 Awning, canol2y. fin, marque% protecting and suspended signs which are attached to private property but protect mg over is property 2[ a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. §G. Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right -of -way. Q9 Removal of Other Signs FeNeiteA. All Ar;y signs installed or placed on public property or in the 12ublic nght -of -way no exsept in conformance with the FequiFements Of this section may be removed without complying with ' -• - -- - - -- --- -- -- •- -• .. .-- - - - rsan 1111111#11.100.411411 ~1- Draft Revised- 10/27/98 232 EA- 419A/GPA 97- 3AIZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 16 of 19 I "�y�FTii.Tf . M . - . i . i . o @ . . • . FAT- :111119TWo - u U71: 1�I��TT.F�iilii • i i . • ii7MR-3.iMi1liLSM . . a • - - F- -- ----- ------ -- ----------- - ---- ------ ---- ----------------- --- -- --------- PeFSeRS eRgaged IR eenstmetlen on the site This type of sign shall be alle,.ved fAF A mienths, and, Draft Revised 10/27/98 233 EA- 41 9A/GPA 97- 3A/ZfA 97 -3A Page 18 of 19 DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 L- ft 11 . -- _7:�T7.7S7_T. . GS7�TTf=1'.R7S:L7:[TT17 -Mi CHAPTER 20.78 ADJUSTMENTS 20 78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items h9dge; GF feNCe would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted , #ease;Gr hedge, subject to the following restriction and in the manner hereafter provided Draft Revised* 10/27/98 235 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — NOVEMBER 3, 1998 SIGNS - EXHIBIT 1 Page 19 of 19 p.\zon ing \ea419 \exhibits \signs \signcode Draft Revised 10/27/98 236 Wii- to Ilh I lip fill p.\zon ing \ea419 \exhibits \signs \signcode Draft Revised 10/27/98 236 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 1 of 1242 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 Chapter 5.36 ENTERTAINMENT REGULATION Sections. 5 36 010 536.020 5 36 030 5 36 040 5.36050 5 36 060 PURPOSE DEFINITIONS PERMIT REQUIRED WRITTEN APPLICATIONS REQUIRED -FEES CONTENTS NOTICE OF CHANGE 636080 1- DENTIR ATVIISI GARDS,FOC Fi A6 090 5.36 Q=Z #99 36.080 INRPRCTION APPROVAL OR DENIAL OF PERMIT. CONDITIONS OF APPROVAL 5.36. 44-4 NOTICE OF DECISION 5 36 1.Q20 6-361T30 C OC Q40 6Z1H/6T3 I1E APPEAL PROCEDURE - APPEAL WAIVER. NOTICE OF HEARING I _rNG 36.1140 G S C 46n 6 36 479 9 oc ion 5 36 12690 RENEWALS rATDTDEIArI L RAGGEPpI IIRC E ISSWANGE AND PURATION OF PERMIT (DURATION DISPLAY OF PERMIT 5 36 13k290 ASSIGNMENT OF PERMIT PROHIBITED 5 36 14 &40 RULES AND REGULATIONS FOR ENTERTAINMENT 53618220 v- P—z-i9 6,36.240 ESTABLISHMENTS - POSTING SOLIGITATIGN 9F DRINKS 1491106 QF ENTERTAINOAEISIT TO QC GONID GT UPON PREMISES 36.1590 5 36 ]§gQM TREQUIRED cIiGENwSEv , INSPECTION SUSPENSION AND REVOCATION 5.36 iZ2j60 REVOCATION 5 36.182270 EXEMPTIONS-NONPROPIT ORGANIZATIONS 3612200 CITY PROPERTY 5 36 2DA90 PUBLIC NUISANCE ABATEMENT 5 36 010 PURPOSE The purpose of this chapter is to set forth rules and regulations governing entertainment at certain premises within the territorial limits of the city and require a permit therefor (Ord 782) 5.36.020 DEFINITIONS For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended Draft Revised 10/23/98 237 EA- 41 9A/GPA 97 -3A/ZTA 97 -3A Page 2 of L24-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 (1) Appellant. "Appellant' means a person who perfects an appeal pursuant to this chapter; (2) Applicant. "Applicant" means a person; 4m, OF cerpefatien who, or-whieh files an application for a new or renewal permit as provided herein; (3) Day, "Day" means a calendar day, (4) Entertainment "Entertainment' means A Any act, play, review, pantomime, scene, dance, aet musical performance. or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such performances, or B Any form of dancing upon the premises by patrons thereof, or C Any fashion or style show, except when the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel, nr (5) Nonprofit Organization. "Nonprofit organization" means any religious, governmental or nonprofit association or institution exempt from real property taxation under either Article XIII of the Constitution or the Revenue and Taxation Code of the state, (6) Notice "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service, (7) Performer "Performer" means any person who performs any entertainment, (8) Permittee "Permittee" means any person, firm, or corporation who, or which shall be granted a permit as provided herein, and his or its agents and representatives, (9) Person "Person" means natural person, firm, corporation, or association (Qrd 782) 1 (tQ) Premases._ "t'a•grnises" rxagGlrAS,,iny p��blac,s�zpnvatte buttcl�n� grgrgprrtyl�?�.xsted with�z�th� �tty, 5.36030 PERMIT REQUIRED. It shall be unlawful for any person eandueting, operating, owning, or in control of any premises open to the publie, ep pFivate 6lub, _ within the city to allow any entertainment eeelud+ng daae+ng, upon the premises whether inside or outside, or in or upon any adjoining room or premises, unless there has been granted to such person a valid entertainment permit therefor, pursuant to the provisions of this chapter. Draft Revised 10/23/98 238 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 3 of j.24-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 5.36040 WRITTEN APPLICATIONS REQUIRED - FEES An application for an entertainment permit ef renewal el sueh peicmit shall be filed with the director of olammng and building safety finaeee, shall be in writing, on forms provided by the city, 6hallbe indupilGat and shall be accompanied by the one of the followma application fees (The application fee for an entertainment permit is two hundred dollars when f3 _The application fee for renewal of stns# an_entertainment permit is one hundred dollars. The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable. Any such application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings. (Ord 1054) 536.050 CONTENTS. Each application shall contain (1) A complete identification of the applicant. including the. P al4ames, residence and business addresses of the_oWmr_oillleJluaLnQS.S�r reside_ n,_ any Gepartners, iReluding lifnited paFtneFs, or, if the applicant is a corporation, and the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the date and place of incorporation„ (2S) The names, residences and business addresses of the managers and person to be in charge; (24) The name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided, (46) The address and the particular roomW erFeems or areas for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity , (`?6) The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated, Draft Revised 10/23/98 239 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 4 of 124-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 (§7) Whether or not any person referred to in subsections (1), (2), QL(3), OF (4) of this section, has pLeAQusLy had a permit for the same or any similar business suspended or revoked by another public agemyapywhere, and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as being included within the purpose of this subsection, ($8) A statement in detail of the kind of entertainment which is to be conducted on the premises and the date(s) on which the entertainment will be conducted, (24A) The hours of operation, (104-) Such other related information as the director of planning and building safety fmanee may require (Ord 782). 5.36.060 NOTICE OF CHANGE Whenever any change occurs, relating to the written information required by Section 5 36 050, the applicant or permittee shall give notification of such change to the director of planning and bwldma safety f♦nanee within twenty days beJ=a#ter such change or at any hearing conducted under this chapter if such hearing is conducted before the above notification has been given (Ord 782) 11001 '014-00"WOM Draft Revised 10/23/98 240 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 5 of 124-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 be renewed; 5.36 M499 APPROVAL OR DENIAL OF PERMIT After a review of the application, invesNgat+en U the director of planning and building safety f+nanse #inane, the permit shall be approved if all the following criteria can be meet. (1) A completed written application form theFefer has been filed, and (2) The required application fee therefe has been paid to the city treasurer, and .n�rsrrran - _ nsrv_ �a,. �rar .T,�a�:�:L,Rr_ra�m�:rrre+�:�ra Q4) That the operation by the applicant will be carried on in a budding, structure and location which complies with and meets all of the heath, zoning, fire, building and safety requirements and standards of the laws of the state of California and this code applicable to such businese operation, and rr_- �ir:�..�ne��mirsrsa. • ...: o . - : .: - • - - - .: - - e - - - - -._,za�sr_r_.rm�n Draft Revised 10/23/98 241 WW 5.36 M499 APPROVAL OR DENIAL OF PERMIT After a review of the application, invesNgat+en U the director of planning and building safety f+nanse #inane, the permit shall be approved if all the following criteria can be meet. (1) A completed written application form theFefer has been filed, and (2) The required application fee therefe has been paid to the city treasurer, and .n�rsrrran - _ nsrv_ �a,. �rar .T,�a�:�:L,Rr_ra�m�:rrre+�:�ra Q4) That the operation by the applicant will be carried on in a budding, structure and location which complies with and meets all of the heath, zoning, fire, building and safety requirements and standards of the laws of the state of California and this code applicable to such businese operation, and rr_- �ir:�..�ne��mirsrsa. • ...: o . - : .: - • - - - .: - - e - - - - -._,za�sr_r_.rm�n Draft Revised 10/23/98 241 EA- 419AIGPA 97- 3A/ZTA 97 -3A Page 6 of 1_2-1-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 (56) That the business or premises is not a public nuisance or has not been a public nuisance at any time within the last five years, and &7) That the applicant, has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with the director of planninf and bwldino safe3�, apd (7.8) That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation sand IF Opel" 4. 11 u • •h • 11 • u , Swidav • • •• •. 1 - of •• -•, 111111FMOveda : • - •1 Draft Revised 10/23/98 242 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 9 of 112-42 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 MCFEW-041" lot 1 1 '1 -. 111'1 •' 11 • • /. .•• • -• • 1' Any peonit issued pui:6uant to this ehapter shall exp'Fe en DeeernbeF 346t ef the yeaF ef 5.36 X489 DISPLAY OF PERMIT Every person holding a permit issued pursuant to this chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view (Ord 782) 53613- 296 ASSIGNMENT OF PERMIT PROHIBITED. The assignment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void (Ord 782) 5 36 IM240 RULES AND REGULATIONS FOR ENTERTAINMENT ESTABLISHMENTS - POSTING Every person holding a permit issued pursuant to this chapter shall keep the rules and regulations contained in Sest+ens 5 36 220 though 6 36 240 and such supplemental rules and regulations as may be and adopted adopted bLby+eso6t*n -ef-the city -eeane 4, posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view of customers (Ord 782) &-39 4 $9PBO u—r I I lx F F nc�o nirrv�e_ Draft Revised 10/23/98 245 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 10 of 124-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 90 WW NOW - 40 -OffiRdW . - - • - - :. led 5 36.162D4266 SUSPENSION AND REVOCATION The director of olannina and budding safety ehlef -ef .peNse Ma shaI4 suspend any permit issued hereunder, if it is found that he finds (1) That Ithe operation, as conducted by the applicant does not comply with all the health, zoning, fire, noise and vibration, building and safety requirements conditions of approval or other applicable laws and reaulation� =(2) That the appiteant, his employee, ag9M oF any person GGRneGted 9F asseGiated with ester, fe er aaaaage - Draft Revised 10/23/98 246 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 11 of 1_24 -2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 (23) Tfaat Ithe applicant, h+&-ern erne has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any gaye[pmenteity agency, C24) Tl+at Ithe business is a public nuisance or has been a public nuisance at any time within the last five years, L9) Ttaat Ithe applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation The determination of the director of planning and building safety efle€e€ pellee with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 5.36.1 Q 29 thF91zigh 6.96 1 of this chapter The director of planning and budding safety sgief of peliee, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The -Ssaid order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the eeuFSE) G! tFaRsmi6sion 1R said United States Postal Service Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit (Ord 782) 5 36 aM2 -69 REVOCATION The suspension shall become a revocation fifteen days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 5 36 1120 t4ret+gh- 6-136-169 of this chapter Where an appeal is filed, the susgensionerdaF shall Qgakpue_be- stayed pending a determination thereon by the city council which shall act upon the same at a meeting of the city council fixed by the city clerk, in the manner set forth in SB=n-5 aE 194 Geefien6 6 36 120 Draft Revised 10/23/98 247 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A Page 12 of 124-2 DRAFT AMENDMENTS - NOVEMBER 3, 1998 ENTERTAINMENT REGULATIONS - EXHIBIT 2 threegb 6 36 16A-of this chapter. Such suspension shall become a revocation if the city council upholds the suspension The determination of the city council shall be final and oenclusive (Ord 782). An entertainment permit shall not be required of any bona fide City sanctioned event approved-b.1Lthe City Cou0cll (Ord 782). 5 36 Z 280 CITY PROPERTY An entertainment permit shall not be required of any person in connection with the use of city property, unless such property is used by a private group (Ord 782) 5 36 2ZM290 PUBLIC NUISANCE ABATEMENT Any business establishment providing entertainment maintained contrary to the provisions of this chapter shall be, and the same hereby is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of any criminal action taken hereunder, commence an action or proceeding for abatement, removal or enjoinment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or remove such establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment where entertainment is provided contrary to the provisions of this chapter (Ord 782). Draft Revised 10/23/98 248 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 Chapter 9.06 Sections: 9.06010 9.06.015 906.020 9.06.025 9.06.030 9.06.040 9.06.050 9.06.060 9.06.065 9.06.070 9.06.075 906.080 9.06090 9.06.100 906.110 906.120 a1 -e NOISE AND VIBRATION REGULATIONS DECLARATION OF POLICY. VIOLATION - PENALTY - INFRACTION. VIOLATION - PUBLIC NUISANCE DEFINITIONS. SOUND LEVEL MEASUREMENT CRITERIA NOISE STANDARDS. NOISE LEVEL MEASUREMENT. LOUD, UNUSUAL AND UNNECESSARY NOISE STANDARDS - CRITERIA. SPECIFIC PROHIBITIONS. VIBRATIONS. EXEMPTIONS PERMITS. ENFORCEMENT IMMEDIATE THREATS TO HEALTH AND WELFARE. USE OF POLICEMEN AT PARTIES OR GATHERINGS SECOND RESPONSE. DECLARATION OF POLICY Page 1 of 10 REQUIRING A It is hereby declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises and vibrations from all sources subject to its police power. Therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance as well as an infraction and shall be punishable as such. (Ord. 958, Ord. 1242) 9.06015 VIOLATION - PENALTY - INFRACTION. Any person convicted of an infraction for a violation of this chapter is punishable by a fine of one hundred dollars per violation. Each such person shall be guilty of a separate offense if after receiving a written warning or infraction citation, the person commits or continues to commit a violation of this chapter. If a person is found to be in violation of this chapter, the Noise Control Officer shall issue a written warning of the violation If the person continues to be in violation of this chapter, the Noise Control Officer shall issue an infraction citation Every violation within a 30 -day period after the first written warning is issued shall be considered an infraction. (Ord 1242) Draft Revised 10/23/98 249 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 2 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 9 06 20 VIOLATION - PUBLIC NUISANCE. Notwithstanding the provisions of Section 9 06 015 of this Code, as an additional remedy, any violation of the provisions of this Chapter, which causes discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily in the manner provided in Chapter 9.04 of the ESMC. (Ord. 1242) 9.06.025 DEFINITIONS As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used are defined as follows. (1) "Ambient noise level" means the all- encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location and approximate time at which a comparison with an intrusive noise is to be made (2) "'A' weighted sound level" means the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micro - pascals using the "A" weighted network scale at slow response. The unit of measurement shall be defined as dBA (3) "Construction" means any site preparation, grading, demolition, assembly, erection, repair, alteration, or similar action, for or of public or private rights -of -way, structures, utilities or similar property. (4) "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro - pascals. (5) "Emergency machinery, vehicle, work or alarm" means any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service (6) "Fixed noise source" means a stationary device which creates sounds while fixed or motionless including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment (7) "Impulsive noise" means a noise of short duration usually less than one second and of high intensity, with an abrupt onset and end. (8) "Intrusive noise level" means the total sound level, in decibels (dBA), created, caused, maintained or originating from an alleged offensive source measured at a specific location while the alleged offensive source is in operation (9) "Noise" means any sound which annoys or disturbs humans of normal sensitivity or Draft Revised 10/23/98 250 EA- 41 9A/GPA 97 -3A2TA 97 -3A Page 3 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 which causes or tends to cause an adverse psychological or physiological effect on humans of normal sensitivity. (10) "Noise control officer" means the Director of Planning and Building Safety. (11) "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes. (12) "Sound amplification equipment" means any device which produces, reproduces, or amplifies sound. (13) "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1 -4 -1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (14) "Vibration" means mechanical motion of the earth or ground, budding, or other type of structure induced by the operation of any mechanical device or equipment. (Ord. 1242 superseding Ord. 958). 9 06 030 SOUND LEVEL MEASUREMENT CRITERIA Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighted scale at slow response for continuous sound levels or at fast response for impulsive sounds. (Ord 1242 superseding Ord. 958) 9.06.040 NOISE STANDARDS. (1) No person shall, at any location within the City, create any noise, nor shall any person allow the creation of any noise within the person's control on public or private property (hereinafter "Noise Source "), which causes the noise level when measured on any other property (hereinafter "Receptor Property"), to exceed the applicable noise standard, as defined in subsections fal and (bl of this section, except as set forth in subsection ((c)I) of this section. (a) Residential Prooerty - Five (5) dBA above the ambient noise level. (b) Commercial and Industrial Prone rty - Eight (8) dBA above the ambient noise level. (c) Adiustments 1. Increases to the noise standards as set forth in subsections (a) and (b) of this section may be permitted in accordance with the following. NOISE STANDARDS ADJUSTMENTS Permitted Duration of Draft Revised 10/23/98 251 EA- 419AIGPA 97- 3AIZTA 97 -3A Page 4 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 Increase Increase (dBA) (minutes)' 0 ........ ....... ........ 30 5.... ..... 15 10 .. ..................... ......... . ....5 15 ..... ....... . ........... .......1 20..... ...... ............ less than 1 " Cumulative minutes during any one hour 2 If the receptor property is located on a boundary between two different noise zones, the lower noise level standard applicable to the quieter zone shall apply. (Ord. 1242 superseding Ord 958) 9.06.050 NOISE LEVEL MEASUREMENT The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Interior noise measurements shall be made within the receptor residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source with windows and doors in a nod elesed position. (Ord. 1242 superseding Ord. 958). 9.06060 LOUD, UNUSUAL AND UNNECESSARY NOISES PROHIBITED Consistent with other provisions of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make, produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, any loud, unusual, or unnecessary noise which disturbs the peace, quiet, and comfort of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area (Ord. 1242) 9.06065 STANDARDS - CRITERIA. The standards which shall be considered in determining whether a violation of the provisions of Section 9.06 060 exists shall include, but shall not be limited to the following criteria: (1) The frequency of the noise; (2) The intensity of the noise, (3) Whether the nature of the noise is usual or unusual; (4) The ambient noise level; (5) The proximity of the noise to residential sleeping facilities; (6) The nature and zoning of the area within which the noise emanates, Draft Revised 10/23/98 252 EA- 41 9A/GPA 97 -3A/ZTA 97 -3A Page 5 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 (7) The density of the inhabitation of the area within which the noise emanates; (8) The time of the day or night the noise occurs, (9) The duration of the noise; (10) Whether the noise is recurrent, intermittent or constant, and (11) Whether the noise is produced by a commercial or noncommercial activity (Ord 1242). 9 06 070 SPECIFIC PROHIBITIONS. The following acts, and the causing thereof, are declared to be in violation of this Chapter if they occur in such a manner as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the area; and occur (1) Between the hours of 10 00 p.m and 7.00 a m. (a) Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound. (b) Using or operating any loudspeaker, public address system or similar device. (c) Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects (d) Repairing, building, rebuilding, adjusting or testing any motor vehicle (2) Between the hours of 8:00 p.m. and 7.00 a.m (a) Refuse Collection Vehicles. 1. Collection of refuse with a collection vehicle in a residential area or within 500 feet thereof; 2 Operation or permitting the operation of the compacting mechanism of any motor vehicle which compacts refuse in a residential area or within 500 feet thereof (b) Loudspeakers /Public Address Systems 1. Using or operating for any commercial purpose any loudspeaker, public address system, or similar device on a public right -of -way or public space Draft Revised 10/23/98 253 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A Page 6 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 (c) Powered Models L Operating or permitting the operation of powered models (Ord. 1242 superseding Ord. 958). 906.075 VIBRATION Notwithstanding other sections of this Chapter, a person shall not create, maintain or cause any ground vibration which is perceptible, without the use of instruments, to any reasonable person of normal sensitivity at any point on any affected property (Ord 1242) (Ord 1242 superseding Ord 958). 9.06.080 EXEMPTIONS. The following activities shall be exempted from the provisions of this chapter. (1) Authorized activities conducted on public school grounds and city park facilities, associated with normal operation of the facilities, including but not limited to school and public athletic and entertainment events. (2) Any mechanical or electronic device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell provided the sounding of any bell or alarm on any budding or motor vehicle shall terminate its operation within fifteen minutes of its activation. (3) Non - commercial public speaking and public assembly activities conducted on any public space or public right -of -way without the use of sound amplification equipment (4) Noise sources associated with or vibration created by construction, repair, or remodeling of any real property, provided said activities do not take place between the hours of 6 00 p.m. and 7:00 a.m Monday through Saturday, or at any time on Sunday or a federal holiday, and provided the noise level created by such activities does not exceed the noise standard of 65 dBA plus the limits specified in Section 9.06.040(c) as measured on the receptor residential property line and provided any vibration created does not endanger the public health, welfare and safety. (5) Noise sources associated with the maintenance of real property provided said activities take place between the hours of 7:00 a m and 8:00 p.m on any day except Sunday, or between the hours of 9.00 a.m and 8.00 p.m on Sunday. (6) Any activity to the extent regulation thereof has been preempted by State or Federal law, including, but not limited to aircraft, motor vehicles, railroads and other interstate carners. (Ord 1242 superseding Ord. 958). Draft Revised 10/23/98 ?54 EA- 419A/GPA 97- 3AIZTA 97 -3A Page 7 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 9 06 090 PERMITS (1) The noise control officer may grant AfhAF ^^^ ^^'^a^'^^^^' 1506` OF Noise Permits for construction related uses only to applicants who cannot comply with the requirements of this chapter if the applicant can show compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, and eF that compliance would be impractical shall not be granted to waive compliance with Sections 9 06 015 or 9 06 020 �. (�) In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the permit The decision of the Noise Control Officer shall not be based on the content of any speech proposed pursuant to the application Applicants for permits may be required to submit any information the noise control officer may reasonably require The noise control officer shall retain on public file a copy of the decision which shall include a statement of the reason for the decision (53) Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity The time limit shall be The permit shall not become effective until the applicant agrees to all conditions In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter Draft Revised 10/23/98 255 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 8 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 (fib) The noise control officer may issue guidelines defining the procedures to be followed in applying for a permit. (Zb) Unless otherwise specifically exempted by the El Segundo Municipal Code t1*6 6Magter, ",.e,.a „„„en Permits, pursuant to QbauleL5-a6—shall be required for all exterior activities which utilize amplified sound, such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals i i~'~~~ ~~ Wnte4~-~g~~ ~F °~rant ~ ~ ~F tA Ch~ ~F ~r ($7) Any appeal of the decision of the noise control officer with respect to any ampNfled 69uRd eF noise permit n1W riay be made to the City Council in writing within ten days after the action of the noise control officer has been communicated to the applicant. 9 06 100 ENFORCEMENT (1) The noise control officer is directed to enforce the provisions of this chapter During times the noise control officer is not on duty, enforcement shall be the responsibility of the chief of police (2) No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty (Ord 1242 superseding Ord 958) 9 06 110 IMMEDIATE THREATS TO HEALTH AND WELFARE (1) The noise control officer may order an immediate halt to any sound which exposes any person to continuous sound levels in excess of those shown in Table A or impulsive sounds in excess of Table B. Within two working days following issuance of such an order, the noise control officer shall apply to the appropriate court for an injunction to replace the order. (2) No order pursuant to Section 9.06 110(1) shall be issued if the only persons exposed to sound levels in excess of those listed in Tables A and B of this section are exposed as a result of (a) Trespass, (b) Invitation upon private property by the person causing or permitting the sound. or (c) employment by the person or a contractor of the person causing or permitting the sound Draft Revised 10/23/98 256 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A Page 9 of 10 DRAFT AMENDMENTS - NOVEMBER 3, 1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 (3) Any person subject to an order issued by the noise control officer pursuant to this section shall comply with such order until. (a) the sound is brought into a compliance with the order, as determined by the noise control officer; or (b) a judicial order has superseded the noise control officer order. (4) The sound levels which pose an immediate threat to health and welfare are TABLE A CONTINUOUS SOUND LEVELS (measured at 50 feet or 15 meters) Sound Level Limit (dBA) Duration 90 ........... .......... . .............. .............. 8 hours 95 ........... .......................... . .............4 hours 100 .................... . .......... .. ..........2 hours 105 . . ........... .............. ............... 1 hour 110 ...... . ....... . ............. . ....30 minutes TABLE B IMPULSIVE SOUND LEVELS (measured at 50 feet or 15 meters) Number of Repetitions Sound Level Limit (dB) Per 24 -Hour Period 145 ......... ............... ............... .. ............. ................. 1 135 ............... ............. . ................ . ............ ....10 125 .... ............ .. ............... ................ ........... ... ..100 (Ord. 1242 superseding Ord. 958) 9.06.120 USE OF POLICEMEN AT PARTIES OR GATHERINGS REQUIRING A SECOND RESPONSE. When a party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response after a first warning, to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided The costs of such Draft Revised 10/23/98 2,97 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 10 of 10 DRAFT AMENDMENTS - NOVEMBER 3,1998 NOISE AND VIBRATION REGULATIONS - EXHIBIT 3 special security assignment may include minor damages to city property and /or injuries to city personnel. The fee charged shall be fixed and established from time to time by resolution of the City Council and shall include a minimum charge. These costs are in addition to any penalties or other remedies set forth in this Chapter and the City reserves its legal options to elect any other legal remedies when said costs or damage exceed the amount fixed and established. (Ord 1253, Ord 1242 superseding Ord. 1138) Chapter 20.78 ADJUSTMENTS 20.78.010 GRANTING Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted subject to the following restriction and in the manner hereafter provided Adjustments may be granted to allow: A A fence, wall or hedge up to a maximum height of eight (8) feet, aaWT B. Architectural Landscape Features which exceed the standards set forth in Section 20 12 170: and. P•\zon ing \ea419a \9.06.txt 258 Draft Revised 10/23/98 EL SEGUNDO CITY COUNCIL MEETING DATE: 3 November 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION- Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -33, and Zone Text Amendment 98-6) Address. 700 South Douglas Street Applicant Everest Storage RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Continue Public Hearing at applicant's request until 01 December 1998; and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: The City Council Public Hearing was originally noticed and scheduled for 3 November 1998, assuming that at its immediately preceding meeting -- on 22 October 1998, the Planning Commission would take action However, at the applicant's (late) request, the Planning Commission did not take action at the scheduled meeting, and instead Continued the item until its next regularly scheduled (12 November 1998) meeting As a result, the City Council Public Hearing should also be Continued to its meeting on 01 December, 1998, so as to allow the Planning Commission the opportunity to discuss and make a recommendation to the City Council DISCUSSION: The application requests approval of the above referenced applications to convert the use of a Southern California Edison utility right -of -way from its most recent use as a landscape nursery to a self storage facility The requested applications would add The Aviation Specific Plan as a new land use designation in the General Plan and Zoning Code The proposed Aviation Specific Plan would establish new permitted uses and development standards for the project area which would supercede the existing Open Space standards ATTACHED SUPPORTING DOCUMENTS: Letter from the applicant requesting Continuance, dated 20 October 1998 FISCAL IMPACT: None ORIGINATED: Date: 26 October 1998 it Bret B Berner , Alc , Director of Planning and Budding Safety REVIEWED BY: ACTION TAKEN: 259 /, /se p \proiects\426- 450\ea427\ea427 ais H OCT.20.1998 4:43PM EVEREST PROPERTIES NO.222 P.2i2 EVEREST STORAGE, LLC r�uu •w, HOW. ', -' 199 SouTa Loa RoaLzs AvENOE, Sut7Pit 440 • PASADENA, CALWORMA 91101 TEL (626) 585 -5920 • FAx (626) 585 -5929 October 20, 1998 Mr. Bret B, Bernard Director of Planning and Building Safety City of El Segundo m 350 Main Street El Segundo, CA 90245 I VIA FACSEKME: 310-322 -1167 Re: EA427, (SPA 974, Zone Change 97 -3 and Zone Text Amendment 98.6 Everest Storage, LLC- - - - - - 700 South Douglas Street Southern California Edison Right-of- -Way Dear Mr. Bernard, N— / As the applicant in this matter, I am requesting a continuance of our hearing to November 12, 1999 in order to allow us more time to work with staff on various items in the staff report. Thank you for your consideration in this regwd, Cc: Pat Stitzenberger Carl D. Beckmann President 1?verest Storage, LLC E �° ��0��p�v JieAO,Jwnmpondenalhq„pry303A.98 m 260 0 c .i.w. 00,61,ar EL SEGUNDO CITY COUNCIL MEETING DATE: 03 November 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: An Ordinance adopting specified changes to the County Health Code (previously approved by the Los Angeles County Board of Supervisors) as it applies to food inspections and grading RECOMMENDED COUNCIL ACTION: 1 Discussion (as desired), and, 2 Second Reading and Adoption of the Ordinance INTRODUCTION AND BACKGROUND: The City Council initially considered the subject at its 15 September 1998 meeting, continued the item to its 06 October meeting, and, then again continued the item to its October 20th meeting to enable the "food preparation" community sometime to better understand the proposal and prepare for the implementation of the Ordinance On October 20th, the City Council did conduct a Public Hearing regarding the proposed modifications to the Health Code, receiving input from the public, and held a First Reading of the Ordinance DISCUSSION: During the course of the Public Hearing at the 20 October 1998 City Council meeting, questions arose regarding the need for "grading" food preparation at charitable and other short term events, and whether or not County Health Inspectors would be 'reviewing' such events In conversations with the County's area supervisor, Charles McMullen, staff learned that such events would not be subject to the provisions of the proposed Ordinance -- it is meant to deal with truly 'commercial' activities Staff was also informed that Health Inspectors from the County would not be tasked to visit such occasions (continued on the next page ) ATTACHED SUPPORTING DOCUMENTS: A draft (City) 'Food Establishment Grading' Ordinance No _ FISCAL IMPACT: (Check one) Operating Budget: NIA Capital Improv. Budget:_ Amount Requested: 0 None. Project/Account Budget: ProlectlAccount Balance: Date: Account Number, Project Phase: Appropriation Required — Yes—No X ORIGINATED: Date: 28 October 1998 Bret B Bernard, AICP, Directo of Planning and Building Safety REVIEWED BY: Date: 28 October 1998 i Mary Strenn, ty Manager ACTION TAKEN. 261 10 /% 5 ADDITIONAL INFORMATION: Staff has been assured that a representative from the Los Angeles County Department of Health Services will be in attendance at tonight's City Council meeting, and, will be able to answer any queries which the Council and /or public may have It is anticipated that Mr Charles McMullen, the area supervisor for the County Health Inspectors, will be attending As indicated in the last Staff Report, general information regarding the Los Angeles County Health Services Department's - Food Establishments' grading and inspections can be obtained from the County variously - General information Ms Brenda Ballard -- 310/881 -4015 (telephone), 310/415 -0863 (facsimile), - Food Handler's Certification program Or Frank Gomez -- 323/881 -4117 (telephone), - El Segundo area Mr Charles McMullen — 310/516 -4106 (telephone), and, - Website (regarding County food establishment closures, current grade /score for all rated food facilities in Los Angeles) www dhs cc la us TH3 RPT lbbb 262 ORDINANCE NO. 1289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTION 6.04.015 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO A GRADING SYSTEM AND CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 The City Council of the City of El Segundo hereby finds as follows A On December 16, 1997, Los Angeles County adopted Ordinance No 97 -0071, which added certain provisions to Titles 8 and 11 of the Los Angeles County Code requiring letter grades to be assigned to restaurants for health inspections, and for those grades to be prominently posted, and established a program requiring licensed food handlers in restaurants Ordinance No 97 -0071 was subsequently amended by Ordinance No 98 -037 establishing fees for voluntary remspections of food establishments B It is the intent of this Ordinance to adopt by reference those sections of the Los Angeles County Code enacted by Los Angeles County Ordinance No 97 -0071, as amended SECTION 2 Section 6 04 015 of the El Segundo Municipal Code is hereby added to read as follows "6 04 015 Adoption by Reference of Los Angeles County Regulations Relating to Food Establishments Pursuant to its authority and Government Code sections 50022 et seq the following sections of the Los Angeles County Code are incorporated by reference into the El Segundo Municipal Code with the same force and effect as though set out herein in full ORDINANCE NO 1289 RE GRADING SYSTEM & 263 CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS PAGE NO 1 804165 Food Official Inspection Report 8 04 225 Grading & Letter Grade Card 8 04 275 Inspection Score Card 8 04 337 Notice of Closure 8 04 405 Routine Inspection 8 04 752 Posting Requirements— Penalty for Non - Compliance- Documents Available for Public Review 8 04 755 Letter Grade Card & Inspection Score Card — Period of Validity 8 04 943 Public Health Permit Suspension or Revocation — Notice of Closure 1111010 Definitions 11 11 020 Application and Effect 11 11 030 Procedure for Obtaining a Food Handler's Training Certificate 11 11 040 Food Handler's Training Course 11 11 050 Multiple Food Service Operations 1111.060 Exemptions 11 11 070 Display of Food Handler's Tranmg Certificate 11 11 080 Change of Certified Food Handler 11.11 090 List of Certificed Food Handlers 1111100 Expiration 11 11 110 Duplicate Food Handler's Training Certificate 11 11 120 Revocation of Food Handler's Training Certificate 11 11 130 Right to Appeal Following Revocation' SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional SECTION 4 This Ordinance shall become effective at midnight on the thirtieth (30th) day from and after the final passage and adoption hereof SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance as required by law 2 4 ORDINANCE NO 1289 RE GRADING SYSTEM & CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS PAGE NO 2 PASSED, APPROVED AND ADOPTED this day of 1998 Mayor, City of El Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1289 was duly introduced by said City Council at a regular meeting held on the loth day of October , 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 265 L� G ORDINANCE NO 1289 5 RE GRADING SYSTEM & CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS PAGE NO 3 EL SEGUNDO CITY COUNCIL MEETING DATE: November 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Appointment made by the City Council to the Economic Development Advisory Council (Small Business Representative) RECOMMENDED COUNCIL ACTION: Announce appointment and respective term of office, to the Economic Development Advisory Council (Small Business Representative) Commutee. A D1) O�DItCE. Term ExDtres Economic Development Advisory Council (Small Business Representative) no term expiration BRIEF SUMMARY: ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Date: October 23, 1999 JuYs/AAbbrreu Mason, Council Liaison REVIEWED BY: ACTION TAKEN: 266 Date: N/ 7/1 7oa \n \ccb \appoint agd �/ w w m 0 0 0 a o u v w o p r ,r N r v O Z N p fp �y p 1p mm p q z LL LL w w A A i w 9 a c pc c 9a rn w O A y o Z W LL C S. N O C O 0 6 U rQ LL ❑ z O �O E A c UOK 0p 2p c wt z UZZfO b F �U tc ti r�' a2 f wz»❑ y p LL Up YUp rpp [ r� O �= W ayy ❑ W W W LL LL QZQ pO A c pp LL U w J 6 d 6 N� LL?� Q a 7 J W K .2 $ 6 m W ❑ W r 0 N W Z (� � p¢ z LL d a. _ a' w U> a O C m d'O O jrpu4a �¢zf za2 =N�N8d W W K 3 y o aEp iS E c LL Fm rrm zwf mr j z�N w m mm < m SxQO g�$�s�WD8W =wo�zw o -W of t%i mm ¢¢O i�(f/O�d¢Q¢a 00aO>G�� N r m u W n° �' �i� $ E c C O w a¢ U a a x x U d 3 O w 3¢ O C= 2, t m v m oo 'e ir A EF Ce d m 5 p p pS p 8 m c UU W m, c Q` 8 O r r r r N f7 N N fD N o L � q N E C y <jco y wv'1 E c g c $ \ Z(w9 �•� orQ `m r A U N iS pp L 3 E� S. E�E � c C LL •• U LL o O r w0 8 0 Ir W Z g W • U W 3 267 � N U o x S o LL D LL U D: LL < w 2 O 7 City of El Segundo PAYMENTS BY WIRE TRANSFER 10/12/98 THROUGH 10/23/98 DATE Payee Amount Description 10/06 Healthcomp 30969 Weekly eligible claims week ending 10/02/98 10/13 West Basin Water 876,750 00 Monthly water payment 10/13 Healthcomp 57077 Weekly eligible claims week ending 10/09/98 10/19 IRS 154,266 98 Federal Payroll Taxes P/R #8 10/21 Emp Dev Dept 29,884 19 State Paroll Taxes P/R #8 10/19 Employee Bond 20000 Employee Bond Purchase for Payroll #8 10/21 Healthcomp 58377 Weekly eligible claims week ending 10/16/98 DATE OF RATIFICATION: 11/04/98 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by City Treasurer Finance b rector City Manager, Date Date /v /2�/98 Date 182,913 58 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo RM MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL THURSDAY, OCTOBER 15, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE - Mayor Mike Gordon ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councitmember McDowell - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 No individuals addressed Council CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, 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 Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -0- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) City Attorney, Mark Hensley, announced the terms of settlement in the case of Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903 ADJOURNMENT at 5 26 p in Cindy Mortesen, City Clerk 1015985p 269 u MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 20,1998 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE - Council Member John Gaines ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Councilmember Weinick - Present Councilmember Gaines - Present Councilmember McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 One individual addressed Council Gerhardt Van Dne, resident, spoke regarding the City's well site and water usage, suggested that Council look at capital and finance costs for water storage, and that the City Attorney check the City's files on the construction of the water tank reservoir Mayor Gordon requested Mr Van Dne speak directly with Ed Schroder, Director of Public Works CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seg) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 2 Hill v City of El Segundo, LASC Case No YC 030986 3 Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903 4 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles 01 �6. TE,�� 5 El Segundo v Kilroy, LASC Case No YC 031166 6 Solis v City of El Segundo, LASC Case No YC 029626 MINUTES CITY COUNCIL REGULAR ADJOURNED MEETING OCTOBER 20, 1998 - 5 00 P M PAGE NO 1 270 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential case (no further public statement is required at this tine), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) - None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - Status report on real estate matters and meet with negotiator regarding acquisition of a strip of land owned by Chevron along the easterly boundary known as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal/General Chemical along the westerly boundary known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional nght -of -way in connection with the Sepulveda Boulevard widening project REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at 6 55 p in Cindy Mortesen, City Clerk 1020985p 271 MINUTES CITY COUNCIL REGULAR ADJOURNED MEETING OCTOBER 20, 1998 - 5 00 P M PAGE NO 2 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 20, 1998, 7 00 P M CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: PRESENTATIONS: Next Resolution #4094 Next Ordinance #1289 Mayor Gordon at 7 00 P M Rev G Kevin Taylor, Saint Michael's Episcopal Church Mayor ProTem Jacobs Council Member Gaines presented a Commendation to Robert (Duke) Overpeck for four decades of dedicated and exemplary service to the City of El Segundo Council Member McDowell presented a Commendation to Head Swim Coach Diane Graner- Gallas for her remarkable abilities, both as an athlete and coach, for setting new records, and for continuing in the Urho Saan tradition of creating championship swim programs for our youth Mayor ProTem Jacobs presented Commendations to the following outgoing members of the City's commissions, committees and boards recognizing their contributions to the community Sandra Romero, Terry Cerreto, Jane Conely, Nancy Cobb, John Gaines, Eugene Gillingham, Charles O'Hearn, Kelly McDowell, and Dolly Thomas Council Member Wermck presented a Proclamation to Susan Grebe, President, Beach Cities League of Women Voters, declaring Tuesday, November 3, 1998 as BRING EL SEGUNDO TO THE POLLS in El Segundo and encouraging all citizens to vote Mayor ProTem Jacobs presented a Proclamation to Tom Kilhnger and children in costume recognizing the City's HALLOWEEN FROLIC program to be held on Saturday, October 31, 1998, from 4 00 p in to 6 30 p m. at Recreation Park and encouraging all families to participate ROLL CALL: Mayor Gordon - Present (arrived at 7 40 p in ) Mayor ProTem Jacobs - Present Councilmember Wermck - Present Councilmember Gaines - Present Councilmember McDowell - Present MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20,1998 -7 00 P M PAGE NO 1 272 PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Five (5) individuals addressed Council Bill Mason, President, Chamber of Commerce presented Nancy Savage, proposed appointee to the Private Industry Council (PIC) Bill Mason, President, Chamber of Commerce, presented a new Zoning Map, produced in conjunction with City Planning Staff, for use by developers, builders, residents and others, providing a simplified understanding of the zoning regulations and process in El Segundo Liz Gamholz, resident, spoke regarding the FEDEX's use of the City Seal In response, City Attorney Mark Hensley stated that FEDEX did not receive approval of the materials distruibuted from Staff or Council Ms Garnholz asked if the ambulance fee was discussed, and addressed the presentation against LAX expansion 4 Sandy Romero, resident, announced a fund raiser on Sunday, October 25, 1998, 3 00 — 7 00 p in at 402 Hillcrest, for BUCKS FOR BOOKS hosted by herself and Mayor ProTem Jacobs Jim Obradovick, and Cheryl Vargo, Subtec Subdivision Technical Services, requested consideration of an amendment to Section 20 20 060 D 2 Setbacks relating to sideyards in R -1 Zones to permit attached garages on 25 foot wide lots only, located on the rear one -third of the lot, be allowed zero setback on one interior side lot line It was the consensus of Council to refer this suggestion to the Planning Commision for consideration and recommendations A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Wernick, SECONDED by Council Member Gaines, to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANANIMOUS VOICE VOTE. 4/0. Mayor Gordon arrived at 7 40 p m Due to the unavailability of some Council Members on November 3, 1998, Mayor ProTem Jacobs will attend the City Council meetings scheduled for 5 00 p in and 7 00 p m and continue them to 5.00 p in and 7.00 p in, respectively, Wednesday, November 4, 1998 Mayor Gordon arrived at 7 40 p m 273 MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGE NO 2 In response to Liz Garnholz' question, Mayor Gordon advised that this is a one time occurrence Ms Gamholz shared a flyer from Ruth Galanter's Office, stated there will be a Los Angeles City Council Meeting on November 4, 1998, and felt that El Segundo should be represented B. SPECIAL ORDERS OF BUSINESS - 1 An Ordinance adopting specified changes to the County Health Code by the Los An- geles County Board of Supervisors as it applies to food establishment inspections and grading Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on consideration of an Ordinance adopting the latest changes to the County Health Code by the Los Angeles County Board of Supervisors as it applies to restaurant inspections He asked if proper notice was given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received regarding this matter City Attorney, Mark Hensley gave a brief staff report Two individuals addressed Council John Aull, restaurant owner /resident, felt that Los Angeles Board of Health cited charitable organizations for noncompliance at the opening of the Green Line City Attorney, Mark Hensley, stated that it was unlikely the Board of Health would enforce these requirements on local chanty events, and Council Member McDowell stated that the incident Mr Aull referred to was prior to State adoption of the current standards Planning & Building Safety Director, Bret Bernard, stated it is his understanding from the County that charitable organizations will not be affected He further suggested that Council could introduce the Ordinance tonight and the question could be clanfied prior to adoption Charles O'Heam, resident, expressed concern regarding temporary food operations, and questioned if the proposed Ordinance adopts the County Ordinance as amended City Attorney, Mark Hensley advised that the proposed Ordinance adopts sections relating to grade display and food handling MOVED by Council Member McDowell, SECONDED by Council Member Wernick, to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. City Attorney, Mark Hensley read the following by title only MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGENO 3 274 ORDINANCE NO. 1289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTION 6.04.015 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO A GRADING SYSTEM AND CERTIFICATION PROGRAM FOR FOOD ESTABLISHEMENTS Mayor ProTem Jacobs Introduced Ordinance No 1289 for first reading Continued public hearing on Environmental Assessment EA -401B and Precise Plan 96 -1B (Sixth Amendment to PP 12 -72) Address 2041 Rosecrans Avenue, and 831 and 871 South Nash Street (Beach Cities Plaza) Applicant Continental Development Corporation (Mr Jerry Saunders) Mayor Gordon stated that this is the time and place hereto fixed for a continued public hearing on Environmental Assessment EA -401B and Precise Plan 96 -1B (Sixth Amendment to PP 12 -72) Address 2041 Rosecrans Avenue, and 831 and 871 South Nash Street (Beach Cities Plaza) Applicant Continental Development Corporation (Mr Jerry Saunders) He asked if proper notice was given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received regarding this matter No individuals addressed this item MOVED by Council Member Wernick, SECONDED by Council Member Games, to continue the public hearing to November 3, 1998 at 7 00 p in MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Continued public hearing on Environmental Assessment EA -456 and Precise Plan 98 -2 (First Amendment to PP 1 -81) Address 2101 -2141 Rosecrans Avenue (The Plaza at Continental Park) Applicant Continental Development Corporation (Mr Jerry Saunders) Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on on Environmental Assessment EA -456 and Precise Plan 98 -2 (First Amendment to PP 1 -81). Address 2101 -2141 Rosecrans Avenue (The Plaza at Continental Park) Applicant. Continental Development Corporation (Mr Jerry Saunders) He asked if proper notice had been done and if any written communications had been received Clerk Mortesen, stated that proper noticing had been done and no written communications had been received No individuals addressed this item 275 MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1999 - 7 00 P M PAGE NO 4 MOVED by Council Member Wermck, SECONDED by Council Member Gaines, to continue the public hearing to November 3, 1998 at 7 00 p in MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Proposed (third Quarter) amendments (unfinished items) to the General Plan and Zoning Code 1) Signs, and 6) Amplified Sound Permits, and a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA)). Environmental Assessment EA -419A, General Plan Amendment 97- 3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments, Applicant City of El Segundo. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on Proposed (third Quarter) amendments (unfinished items) to the General Plan and Zoning Code (1) Signs, and (6) Amplified Sound Permits, and a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA)) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments, Applicant City of El Segundo. Clerk Mortesen stated that proper notice had been given and no written commu- nications had been received regarding this matter MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Council questioned, and requested that Staff rework the following into a draft ordinance to be submitted for Council consideration one annual entertainment permit for amplified sound permit, with set maximum decible levels and time restrictions of 10 00 p in weekends, and 9 00 p in weekdays, and several changes to the Signs' provisions MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines, to re -open and continue the Public Hearing to November 3, 1998 at 7 00 p in for first reading of the Ordinance. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Open Public Hearing on AB 3229, adopt a resolution accepting a law enforcement block grant of $37,375 and authorizing its recommended use Mayor Gordon stated that this is the time and place hereto fixed for a public hearing on AB 3229 and adoption of a resolution accepting a law enforcement block grant of $37,375 and authorizing its recommended use He asked if proper notice was given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications have been received MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGE NO 5 276 No individuals addressed this item MOVED by Council Member McDowell, SECONDED by Council Member Games, to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. City Attorney Mark Hensley read the following by title only RESOLUTION NO. 4094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to adopt Resolution No 4094 providing for the implementation of the Citizens' Option for Public Safety (COPS) Program MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. C. UNFINISHED BUSINESS 6 Proposed amendments to the Zoning Code for Residential Side Yard Setbacks and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -453 and Zone Text Amendment ZTA 98 -5, Applicant City of El Segundo City Attorney Mark Hensley read the following by title only ORDINANCE NO. 1288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -453 AND ZONE TEXT AMENDMENT ZTA 98 -5, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO MOVED by Council Member Wermck, SECONDED by Mayor ProTem Jacobs, to adopt Ordinance No 1288 on second reading, approving Environmental Assessment No EA -453 and Zone Text Amendment ZTA 98 -5, amending various sections of Title 20 of the El Segundo Municipal Code MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGE NO 6 277 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 Warrant Numbers 250714- 250715 and 252501- 252880 on Demand Register Summary Number 06 in total amount of $1,551,252 81, and Wire Transfers in the amount of $182,913 58 City Council meeting minutes of October 6, 1998 Amendment to Lease Agreement No 2572 between the City of El Segundo and Eaton Corporation for leasing a portion of City property at 630 South Douglas Street (annual revenue of $15,336 00) 10 Appointment of Private Section Business representative, Nancy Savage of Northrop Grumman, from the City of El Segundo to the South Bay Private Industry Council (PCI) 11 PULLED FOR DISCUSSION BY CITY ATTORNEY, MARK HENSLEY MOVED by Council Member McDowell SECONDED by Council Member Wernick, to approve Consent Agenda items 7, 8, 9, and 10 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. CALL ITEMS FROM CONSENT AGENDA 11 Award of Contract No 2645 for update of City's Circulation Element, to Meyer, Mohaddes Associates, Inc (contract amount = $86,300 00) , Authorize the expenditure of $15,000 00 from Traffic Mitigation Fees City Attorney Mark Hensley stated that Exhibit `B" has been amended to Exhibit "A" and that the Exhibit would be amended with respect to the CEQA review process MOVED by Council Member Wermck, SECONDED by Council Member McDowell, to award Contract No 2645, as amended, for update of the City Circulation element to Meyer, Mohaddes Associates, Inc Contract Amount to be $86,300 00 MOTION PASSED BY UANANIMOUS VOICE VOTE. 510. F. NEW BUSINESS - CITY MANAGER - NONE G. NEW BUSINESS - CITY ATTORNEY 12 Discussion and possible action regarding agreement with General Chemical Corporation for dedication of property for Sepulveda Boulevard widening MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1999 - 7 00 P M PAGE NO 7 278 MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to award Contract No 2646 No General Chemical Corporation for the temporary dedication of property for Sepulveda Boulevard widening MOTION PASSED BY UANANIMOUS VOICE VOTE. 510. H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - CITY TREASURER - NONE J NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - Reminded everyone about the Heart Walk on October 24, 1998 at the former South Bay Hospital Mayor Pro Tem Jacobs - NONE Mayor Gordon - Applauded the variety show; and reported on Airport issues PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit) Individuals who have received value of $50 or more to communicate to the Cary Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Two (2) individuals addressed Council Peggy Tyrell, resident, spoke regarding other cities' financial support of the airport expansion opposition Liz Garnholz, resident, addressed the City's promotion of airport expansion opposition, and requested that Staff attend the Los Angeles Council meeting on November 4, 1998 Mayor Gordon stated he will discuss this with our consultant MEMORIALS NONE 279 MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGE NO 8 CLOSED SESSION - NONE ADJOURNMENT at 9 20 p in to November 3, 1998 at 5 00 p in Cindy Mortesen, City Clerk i H MINUTES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 - 7 00 P M PAGE NO 9 EL SEGUNDO CITY COUNCIL MEETING DATE- November 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: NO FISCAL IMPACT Agreement with "Caltrans" for the maintenance of Sepulveda Boulevard, between El Segundo Boulevard and Imperial Highway, by the City of El Segundo COUNCIL ACTION: Authorize Mayor to sign Maintenance Agreement with "Caltrans" INTRODUCTION AND BACKGROUND: The City of El Segundo has informed "Caltrans" that it intends to make improvements along the Sepulveda median with regards to landscaping and irrigation DISCUSSION- "Caltrans" has requested of Public Works Department, a maintenance agreement between the City of El Segundo and "Caltrans" needs to be entered into in order to carry out suggested median improvements It would appear, after a file search, there presently is no maintenance agreement in effect with the State of California that addresses the Sepulveda Boulevard median At the present time the City of El Segundo does perform routine maintenance of the Sepulveda Boulevard median Attached agreement has been reviewed by the City Attorney ATTACHED SUPPORTING DOCUMENTS: MAINTENANCE AGREEMENT 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 ORIGJNATEp .{ i Date October 23, 1998 Jim TAKEN: 981103 Caltrans Agree 10/23/98 9 35am Date, 281 9 MAINTENANCE AGREEMENT Permittee: City of E1 Segundo Permit No: 798 -NLC -1391 Location: 07 -LA- 001 - 25.0/26.0 1. This permit by and between the State of California, acting by, and through the Department of Transportation, hereinafter referred to as "Caltrans ", and City of E1 Segundo hereinafter referred to as "Permittee ". 2. Permittee desires State highway improvements consisting of landscaping and automatic irrigation system on Route 1 (Sepulveda Boulevard) between E1 Segundo Boulevard and Imperial Highway in the City of E1 Segundo, referred to herein as "Project ", and is willing to fund one hundred percent (100 %) of all design, capital outlay, maintenance and staffing costs. 3. Permittee is responsible to apply for necessary encroachment permit(s) in accordance with State's standard permit procedures. Permittee shall obtain aforesaid encroachment permit through the Caltrans' District 7, Office of Permits at (213) 897 -3631. In addition, and after construction of Project, Permittee shall apply for a maintenance permit on an annual basis one (1) month prior to expiration of previous encroachment permit. 4. Upon completion of work, Permittee shall assume maintenance and the expense thereof for Project, at its own expense in perpetuity. Permittee shall notify State Permit Inspector a minimum of two (2) working days prior to the start of any landscape maintenance work for Project. 5. Damage to Project resulting from accident, storm, neglect or other causes beyond the control of the State is the responsibility of the Permittee. 6. Caltrans shall maintain all highway signs, paved drainage structures and other non - landscape highway appurtenance. 7. All planting shall be maintained by the Permittee in such condition that it does not interfere with the free flow of traffic, including maintaining adequate site distances and visibility of signs. Trees would be maintained to avoid falling branches and to avoid obscuring advertising signs. 8. A monthly schedule of landscape maintenance stating the dates and approximate times when work is to be performed including names and telephone numbers for 24 -hour emergency contact shall be provided to the State Permit Inspector. 282 Page 2 Maintenance Agreement 9. Permittee shall provide and maintain all water and irrigation systems including utility costs for Project. Irrigation systems will be maintained and operated to avoid slope damage and water run -off or spray onto the pavement. 10. Landscaping, paving or other unplanted areas along the roadside within the limits shown on the attached plans, exclusive of paved drainage facilities, will be maintained so as not to obstruct the flow of water. Caltrans will be responsible for maintaining paved drainage structures. 11. Various future Caltrans projects may be implemented which will require removal and /or modification to all or a portion of Project. Any replacement landscaping including irrigation facilities shall be Permittee's responsibility. Upon completion of work which affects the limits of maintenance, a revised Exhibit will be prepared and delivered to Caltrans for approval. Exhibit will supersede the original limits shown on the original permit plans. 12. Changes to Project affecting public safety or public convenience, all design and specification changes, and all major changes including removal, pruning, or addition of either planting or irrigation shall be approved by State in advance of performing work. Unless otherwise directed by the State Permit Inspector, changes authorized will require an encroachment permit. Failure to notify Caltrans of such changes shall result in the immediate removal of Project or portions of Project at Permittee's expense. 13. Upon completion of all work under this Project, ownership and title to material, equipment and such appurtenances installed within State's right -of -way will automatically be vested in State. No further agreement will be necessary to transfer ownership. 14. City's resolution regarding the approval of the terms and conditions of this permit is required prior to issuing the permit. 15. Neither Caltrans and State nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Permittee under or in connection with any work, authority or jurisdiction delegated to Permittee under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, Permittee shall fully defend, indemnify and save harmless the State of California and Caltrans, all officers and employees from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Permittee under or in connection with any work, authority or jurisdiction delegated to Permittee under this Agreement. 283 Page 3 Maintenance Agreement 16. It is understood that if Permittee at some future date decides not to renew its maintenance permit required herein, or if the planting is not maintained at a reasonable level subject to Caltran's consent, Caltrans shall provide Permittee with written notice of Permittee's failure to renew its annual permit and /or Caltrans' decision that subject Permittee is not maintained at a reasonable level. Permittee shall respond within thirty (30) days of receipt of said notice. Said response shall describe the action to be taken by Permittee to bring the affected areas back into compliance or to remove the Project improvements and restore said areas to the pre - landscaped condition. In the event Permittee does not provide such response and take any action, Caltrans will take the necessary action(s) to remove the Project and restore the affected areas to their pre - landscaped condition at Permittee's expense. Indicate your acceptance of all terms and conditions of this permit by signing and returning the original to this office. Permittee: Caltrans: By: Title: Date: sav:748 -0080 Page 3 Maintenance Agreement 16. It is understood that if Permittee at some future date decides not to renew its maintenance permit required herein, or if the planting is not maintained at a reasonable level subject to Caltran's consent, Caltrans shall provide Permittee with written notice of Permittee's failure to renew its annual permit and /or Caltrans' decision that subject Permittee is not maintained at a reasonable level. Permittee shall respond within thirty (30) days of receipt of said notice. Said response shall describe the action to be taken by Permittee to bring the affected areas back into compliance or to remove the Project improvements and restore said areas to the pre - landscaped condition. In the event Permittee does not provide such response and take any action, Caltrans will take the necessary action(s) to remove the Project and restore the affected areas to'their pre - landscaped condition at Permittee's expense. Indicate your acceptance of all terms and conditions of this permit by signing and returning the original to this office. Permittee: Caltrans: By: Title: Date: sav:798 -oo8o f� EL SEGUNDO CITY COUNCIL MEETING DATE, November 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Calendar AGENDA DESCRIPTION. Annual Resolutions fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act FISCAL IMPACT Approximate maximum increase of $48,588 for Fiscal Year 1998/99 RECOMMENDED COUNCIL ACTION Adopt the required Resolutions BRIEF SUMMARY. The Public Employees Retirement System (PERS) Board of Administration requires the City to file annual Resolutions reflecting any changes in the City's contribution for employees and annuitants under the Public Employees Medical and Hospital Care Act The PERS Board requires that a separate Resolution be adopted for each specified employee unit or group of employees Under the Act, the premiums for the various health plans have been adjusted effective January 1st of each year, changes in the City contribution, if applicable, are also effective January 1st Current Memorandum of Understanding contract provisions with our Police Officers Association, Firefighters Association and City Employees Association provide that the City contribution is based on the average dollar increase in the premiums for HMO's available to employees in the Southern California area For the upcoming 1999 medical year, the maximum City contribution for medical coverage will be $429 /month per employee The maximum contribution for the previous medical year was $406 /month per employee 227 employees are represented by these associations The City's maximum contribution for Police Officers Association, Firefighters Association and City Employees Association annuitants is the same as for an active, represented employee Resolutions for Elected Officials, Executive Management, Mid- Management/Confidential Employees and the Supervisory and Professional Employees Association are not required this year because there has been no change in their respective Plan amounts ATTACHED SUPPORTING DOCUMENTS. Proposed Resolutions FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv Budget Amount Requested. $48.588 Project/Account Budget. Project/Account Balance Date, 7/1/98 Account Number 001 - 400 - 2901 -4204 Protect Phase. N/A Appropriation Required -Yes X No ORIGINATED. Date October 12, 1998 ,p M. 3W Date- " s11 d' /!I 286 llz 300- 00/ 10 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO CITY EMPLOYEE'S ASSOCIATION WHEREAS, Government Code Section 22825 6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal, and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the City Employees' Association NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS SECTION 1 That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 SECTION 2 That the employer's contribution for each annuitant shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 PASSED, APPROVED AND ADOPTED this 4th day of November, 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of November 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney resme099 Bea 287 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION WHEREAS, Government Code Section 22825 6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal, and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the El Segundo Firefighters' Association NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS SECTION 1 That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 SECTION 2 That the employer's contribution for each annuitant shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 PASSED, APPROVED AND ADOPTED this 4th day of November, 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of November 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D/ Hensley, City Attorne resmed99 Ha RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO POLICE OFFICERS' ASSOCIATION WHEREAS, Government Code Section 22825 6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal, and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the El Segundo Police Officers' Association NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS SECTION 1 That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 SECTION 2 That the employer's contribution for each annuitant shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $429 00 per month, effective January 1, 1999 PASSED, APPROVED AND ADOPTED this 4th day of November, 1998 Mike Gordon, Mayor of the City of El Segundo ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of November 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attornii�y resmed99 poa 289 EL SEGUNDO CITY COUNCIL MEETING DATE: November 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amendment No 2 to the Cooperative Agreement with Caltrans and the Cities of El Segundo and Manhattan Beach for the Sepulveda Boulevard Widening Project RECOMMENDED COUNCIL ACTION: Approve Amendment No 2 and authorize the Mayor to execute the Amendment on behalf of the City INTRODUCTION AND BACKGROUND: On November 5, 1991, the City entered Into an Cooperative Agreement with Caltrans and the City of Manhattan Beach for the construction of the Sepulveda Boulevard Widening Project between Grand Avenue (In the City of El Segundo) and Manna Avenue (in the City of Manhattan Beach) This agreement was once amended on June 1, 1996 DISCUSSION: Caltrans, the lead agency for the Sepulveda Boulevard project, has prepared the enclosed Amendment No 2 for execution by the Cities of El Segundo and Manhattan Beach It Is our understanding that this amendment will be agendized for approval by the Manhattan Beach City Council on November 3, 1998 (Discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS: 1 Funding plan 2 Proposed Amendment No 2 3 Current City - Caltrans- Manhattan Beach Agreement with Amendment No 1 FISCAL IMPACT: Please see funding plan Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: 290 Page 1 of 2 N \COUNCILTW-NOV03 02 (Monday 10/26/98 10 00 AM) 11 DISCUSSION: (continued) The City Attorney has approved the proposed amendment as to form The significant modifications included in the proposed Amendment No 2 are The deadline forthe cities to complete all right -of -way activities has been changed from December 24, 1996, to January 1, 2002 The estimated total cost share from the City of El Segundo has been revised from $587,487 00 to $998,829 00 A breakdown of the additional $411,342 00 is as follows Roadway work $ 63,830 00 Traffic signal work and temporary street lighting $ 23,362 00 City water main replacement $ 7,24000 Contaminated material mitigation (new dem) $316,91000 Total = $411,34200 The contaminated material mitigation Is fully funded under the original MTA grant Initially, the City had anticipated hiring our own contractor to complete the work Discussions with Caltrans resulted in Caltrans' agreement to include the work (paid for by the City) in their construction contract Having the work performed by the Caltrans' contractor eliminates the need to coordinate two (2) contractors working on the site and facilitates Caltrans' acceptance of the cleanup Staff has verified that the Caltrans revised estimate for the City's participating cost share is consistent with the current agreement As noted in the attached funding plan, sufficient funds have been programed to finance the City's share of the project costs At this time no general funds are anticipated to be needed for this purpose 291 Page 2of2 N \COUNCIL \PVJ- NOV0302 (Monday 10/26/98 10 00 AM) FUNDING PLAN I. Estimated Expenditures 1 Caltrans Highway improvements including signals $4,348,607 2 El Segundo a Road and signal work (including $ 686,589 $6,759,418 contaminated material mitigation) b Relocation of Los Angeles County fresh water injection wells $1,400,000 c Relocation of Chevron facilities $1,100,000 d Relocation of Allied Signal facilities $ 400,000 e Design of highway lighting $ 10,000 f SCE undergroundmg costs $2,435,589 g New 16" water main $ 312,240 h Median landscaping $ 415.000 Subtotal $6,759,418 3 Manhattan Beach Road and signal work $ 185.604 GRAND TOTAL Estimated Expenditures $11,293,629 L Estimated Fund Sources 1 Caltrans $4,348,607 2 El Segundo $7,125,000 City Gas Tax funds $ 320,000 MTA Grant No 1 to City $5,000,000 MTA Grant No 2 to City $1,500,000 Water funds for 16" water main $ 55,000 Developer funds paid to City for 16" water main $ 250.000 Subtotal $7,125,000 3 Manhattan Beach $ 185.604 GRAND TOTAL Estimated Fund Sources $11,659,211 292 N 1PR0JECTSISEP -5LVD 003 (10/23198) 7 -LA -1; 23.4/25.2; 07262- 102911 Marine Avenue to Grand Avenue Agreement No. 3908 A/2 Page No. 1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, entered into on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred herein as STATE, and CITY OF MANHATTAN BEACH, a body politic and a municipal corporation of the State of California, referred to herein as CITY (MB) CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, referred to herein as CITY (ES) 293 07 -LA -1, 23 4125 2, EA 102911 District Agreement No 3908 Amendment # 2 Page No 2 1. The parties hereto entered into Agreement No. 3908 (Document No. 8068) on November 5, 1991, and subsequently modified by Amendment No 1 dated June 1, 1996 said Agreement defining the terms and conditions of a project to widen Sepulveda Boulevard, State Route 1, between 22nd Street in Manhattan Beach and Grand Avenue in E1 Segundo, referred to herein as "PROJECT ". 2. It has been determined that certain specific details of PROJECT need to be modified. IT IS MUTUALLY AGREED: a) The following Articles in the original Agreement and Amendment #1 are amended in entities to read: RECITALS 2. In order to alleviate the existing congestion and accommodate the projected increase in traffic, STATE and CITIES desire improvements consisting of widening the eastside of Sepulveda Boulevard between 22nd and 27th Streets to accommodate dual left -turn lanes for southbound movement at Marine Avenue, widening of Sepulveda Boulevard between the Manhattan Overhead structure and E1 Segundo Boulevard from 6 lanes to 8 lanes, and provide dual left turn lanes at the E1 Segundo Boulevard and Rosecrans Avenue intersections, referred to herein as PROJECT. On Rosecrans Avenue dual left -turn lanes and a right -turn only lane are proposed both directions at Sepulveda Boulevard. The railroad crossing (E1 Segundo railroad spur crossing) north of Rosecrans Avenue will require upgrading. The City of E1 Segundo also desires to include in the project, at its own expense, the installation of a water main from approximately Rosecrans Avenue to approximately Hughes Way, said water main hereinafter to be referred to as 'BETTERMENT' ". 294 07 -LA -1, 23 4/25 2, EA 102911 District Agreement No 3908 Amendment # 2 Page No 3 SECTION II (City of E1 Segundo Agrees:) 4. To deposit with STATE, prior to award of construction contract, the amount of $ 750,000 which is about 75% of CITY(ES)'s estimated total construction cost of PROJECT as shown on Exhibit B. At that time, (CITY(ES) shall also assign to STATE $248,829 in Federal -Aid Urban funds or other applicable funds, said amount being the difference between CITY(ES)'s total obligation and the amount deposited with STATE. S. CITY(ES)'s total obligation for said anticipated construction costs under this Agreement shall not exceed $998,829, provided that CITY(ES) may, at its sole discretion, in writing authorize a greater amount. 11. To complete all right -of -way activities by January 1, 2002. SECTION III(City of Manhattan Beach Agrees:) 4. To deposit with STATE, prior to award of construction contract, the amount of $ 185,604 FAU, or other applicable funds, which is 100% of CITY(MB)'s estimated total construction cost of PROJECT as shown in Exhibit 5. CITY(MB)'s total obligation for said anticipated •construction costs under this Agreement shall not exceed $ 185,604; provided that CITY(MB) may, at its sole discretion, in writing authorize a greater amount. 11 To complete all rights -of -way activities by January 1, 2002. b) EXHIBITS A and B shall be replaced with the revised versions, attached to this agreement. c) The other terms and conditions of said Agreement No. 3908 shall remain in full force and effect. d) This Amendment No. 2 to Agreement is hereby deemed to be part of Agreement No. 3908 and Amendment Nol. 295 07 -LA -1, 23 4/25 2, EA 102911 District Agreement No 3908 Amendment # 2 Page No 4 STATE OF CALIFORNIA CITY OF MANHATTAN BEACH DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By: (Mayor) By. Attest: Tony Harris (City Clerk) District Director Approved as to form and procedure: Approved as to form By. By: Attorney City Attorney Department of Transportation Certified as to funds: AND District Budget Manager CITY OF EL SEGUNDO Certified as to procedure: By: (Mayor) Accounting Administrator Attest: (City Clerk) Approved as to form: By -I t c. ✓�� 'City Attorn 2 96 07 -LA -1, 23 4/25 2, EA 102911 District Agreement No 3908 Amendment # 2 Page No 5 EXHIBIT A RESPONSIBILITY FOR FUNDING State's obligation under this agreement is limited to relocation in kind for utilities and does not cover any betterments. 297 STATE EL SEGUNDO MANHATTAN BEACH (°s) (g) (°s) CONSTRUCTION COST State Hwy 100 0 0 Local Street 0 100 100 Water Main 0 100 Street Lighting 0 100 100 Traffic Signals and 50 20.8 29.2 Intersection Safety Lighting RR Upgrading 100 0 0 Irrigation Facilities 0 100 100 Hazardous Material Mitigation 100 100 100 UTILITY RELOCATION* State Hwy 100 0 0 Local Street 0 100 100 Water Main (BETTERMENT) 0 100 0 R/W Land Acquisition 0 100 100 Relocation 0 100 100 Infection Wells 0 100 0 State's obligation under this agreement is limited to relocation in kind for utilities and does not cover any betterments. 297 07 -LA -1, 23 4/25 2, EA 102911 District Agreement No 3908 Amendment # 2 Page No 6 EXHIBIT B ESTIMATED SHARE OF CONSTRUCTION COST FOR EACH PARTICIPATING AGENCY CONSTRUCTION COST TOTAL EST. COST STATE SHARE CITY (ES) SHARE CITY(MB) SHARE Roadway $3,163,945 $2,909,012 $ 209,197 $ 65,736 Retaining Walls $ 392,159 $ 392,159 0 0 Traffic Signals & Intersection Safety Lighting $ 640,500 $ 378,000 $ 152,985 $ 109,515 Temporary Street Lighting $ 35,700 $ 17,850 $ 7,497 $ 10,353 Irrigation for Landscaping 0 0 0 0 Bridge 0 0 0 0 Railroad Upgrading $ 540,750 $ 540,750 0 0 Water Main (BETTERMENT)* $ 312,240 0 $ 312,240 0 Hazardous Material Mitigation $ 427,746 $ 110,836 $ 316,910 0 TOTAL CONSTRUCTION COST $5,513,040 $4,348,607 $ 998,829 $ 185,604 Including 20% lump sum to the State for Design Coordination and Construction Support. •• APR 10 1992 ENGMEER04 01V%$K)N e?3 .-i A-1 wa .ne - -.e JC lV Grand Avenue 07201 — 102910 District Agreement No. 1908 This AGREEMENT, entered into on J-1GQ't.`nko*-r -"� 0 1991, is between the STATE OF CALIFORNIA, acting i through its Department of Transportation, ferredtoheen as STATE, ;7 CITY OF MANHATTAN BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY(MB) f AN,] CITY OF EL SEGUNDO a body politic Jn and a municipal corporation of the State of California, referred to herein as City(ES) r 11 299 af�" 1. State Highway Route 1 (Sepulveda Blvd.), from 22nd street to Rosecrans Avenue in CITY(MB) and from Rosecrans Avenue to Grand Avenue in CITY[ES), is operating at an unacceptable level of service. During the afternoon peak periods, the backup of southbound traffic extends northerly from Rosecrans Avenue to Grand Avenue, a distance of approximately 1.3 miles. 2. In order to alleviate the existing congestion and accommodate the projected increase in traffic, STATE and CITIES desire improvements consisting of widening the east side of Sepulveda Boulevard between 22nd and 27th Streets to accommodate dual left -turn lanes for southbound movement at Marine Avenue, widening of Sepulveda Boulevard between the vicinity of Manhattan Overhead structure and E1 Segundo Boulevard from 6 lanes to 8 lanes, widening the Manhattan Overhead structure 10 feet, and provide dual left -turn lanes at the El Segundo Boulevard, Rosecrans Avenue, and 33rd Street (southbound only) intersections,- referred to herein as PROJECT. On Rosecrans Avenue dual left-turn lanes and a right -turn only lane are proposed for both directions at Sepulveda Boulevard. The railroad crossing (E1 Segundo railroad Cspur crossing) north of Rosecrans Avenue will require upgrading. 3. The Cities of Manhattan Beach and E1 Segundo, referred to collectively herein as CITIES and individually as CITY(MB1 and CITY[ES1, respectively, shall assume responsibility for acquiring the necessary right -of -way for PROJECT, free of hazardous waste, and obtaining the appropriate environmental clearance from State Dept. of Health as part of right -of -way certification. 4. Project will require additional right -of -way on both sides of Sepulveda Boulevard which will be acquired by CITIES (at no cost to STATE). 5. STATE is willing to prepare plans, specifications, and estimate, and to award and administer the construction contract for PROJECT. 6. STATE and CITIES do mutually agree to cooperate in PROJECT and desire to specify herein the terms and conditions under which said PROJECT is to be designed, financed, and constructed. The respective parties responsibility for fundinq is delegated pursuant to Exhibit A. attached hereto and made a part of this Agreement. 7. It is anticipated that Federal -Aid Urban (FAU) Funds will be assigned to finance a portion of the PROJECT construction and construction engineering costs which are eligible for Federal -Aid participation. 12 300 - c cc rr in is 7 ��. 1. To be responsible for all engineering costs involved in the preparation of plans, specifications, estimates, advertisement, award, and contract administration for PROTECT including the Public Utilities Commission application for upgrading the E1 Segundo Spur Crossing. 2. To pay STATE's estimated share of total PROTECT costs pursuant to Exhibit B, attached and made a part of this Agreement. 3. To pay for the cost of relocation of existing overhead powerlines. STATE shall also pay the cost to relocate, remove, or protect utility facilities within STATE's existing right -of -way to STATE specifications per STATE's Encroachment Manual and the Manual on High and Low Risk Underground Facilities within Highway Rights - of -Way. 4. To provide oversight of all right -of -way activities undertaken by CITIES or their designee, pursuant to this Agreement. 5. To furnish or cause to be furnished all labor, materials, tools, and equipment to construct PROTECT pursuant to the provisions of the State Contract Act, except as otherwise provided herein. 6. To furnish CITIES with plans and specifications for PROJECT review and concurrence prior to sending plans, specifications, and estimate (PS 6 E) to Headquarters. 7. To notify CITIES in writing: a) At least fourteen (14) days prior to advertising for bids for the construction of PROTECT; b) At least fourteen (14) days prior to commencement of work on PROJECT; c) Within ten (10) days, after opening the bids for PROTECT, of the estimated cost of CITIES' share of PROTECT based on bids received; d) At least fourteen (14) of the completed work, inspect PROTECT; 13 days prior to final acceptance in order to permit CITIES to 301 e) Within ten (10) days thereafter, of the completion and acceptance of the work on PROJECT. 8. To consult with CITIES on proposed contract change orders affecting local street improvements to reach a satisfactory decision. State Engineer's decision must be final, as the contract administrator. 9. To submit to CITIES upon final execution of this Agreement, billings for CITIES' estimated share of the total construction cost of PROJECT as described in Section II Article 3, in Section III Article 3 and as shown in Exhibit B. 10. In the event that CITIES' deposits are more than CITIES' actual share based on final accounting, STATE shall return unused deposited amounts to CITIES. 11. To assume control, ownership, and responsibility for maintenance of PROJECT within STATE right -of -way upon acceptance of PROJECT without conflicting with the existing City -State maintenance agreements. 14 302 SECTION II CITY OF EL SEMINDO (CITY r ES) ) AGhEES • 1. To acquire required rights -of -way in the name of STATE for the construction of PROJECT within the boundaries of CITY[ES). Such rights -of -way shall be provided with all necessary clearances from State Dept. of Health to certify right -of -way is free and clear of hazardous waste. 2. To pay for its estimated share of right -of -way related activities, as shown in Exhibit A. 3. To pay for its estimated share of construction costs, as shown in Exhibit B. 4. To deposit with STATE, prior to award of construction contract, the amount of $ 127,000 which is about 40 t of CITY[ES)'s estimated total construction cost of PROJECT as shown on Exhibit B. At that time, CITY(ES) shall also assign to STATE $ 193,000 in Federal -Aid Urban Funds or other applicable funds, said amount being the difference between CITY[ES)'s total obligation and the amount deposited with STATE. C S. CITY[ES)'s total obligation for said anticipated construction costs under this Agreement shall not exceed $ 3200000; provided that CITY[ES) may, at its sole discretion, in writing authorize a greater amount. 6. To comply with all applicable Federal and State regulations and processes, including all applicable procedures and policies relating to the use of Federal -Aid Urban (FAU) funds. 7. To pay STATE, within thirty (30) days after receiving a final accounting, the balance of CITY[ES)'s actual total construction cost of PROJECT, in accordance with Section II Article 5, less the amount previously deposited with STATE. S. To review and concur with the plans and specifications for PROJECT and to notify STATE of its approval thereof within 30 days of receipt. 9. To acquire, at no expense to STATE, all required additional rights -of -way to permit full possession and control of said rights -of -way and transfer fee or easement to STATE, subject to prior examination and acceptance by STATE of the degree of title to be conveyed to STATE. The full possession and control shall be obtained and all right -of -way acquisition alterations within the right -of -way shall be completed or scheduled for completion prior 15 303 fl' A to STATE advertising PROJECT for construction in the event title has not passed. 10. To perform, or cause to be performed, all rights -of -way activities, including but not limited to title searches, appraisal, acquisition, relocation, utility relocation, certification, and the purchase of a policy of Title Insurance in accordance with procedures acceptable to STATE. These activities will be in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight, to assure that the completed work is acceptable for incorporation into the State Highway System. 11. To complete all rights -of -way activities by June 30, 1993. 12. To pay for the respective portion of relocation costs of utility or private facilities within existing CITY[ES) right of way and right of way to be acquired for STATE, following a determination of liability with each respective owner of such facilities. If such facilities are associated with utilities and facilities being relocated by STATE as identified in Section I Article 3, CITY(ES) will coordinate with STATE and STATE will make such arrangements with the owners of such facilities for the removal, protection, or relocation. CITY(E i will pay to STATE their share of such liability prior to STATE issuing the NOTICE TO RELOCATE to the facility owners. If such costs are determined to be excessive by either party, design modification to reduce such liability will be considered. 13. To utilize the services of a qualified local public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in the Right of Way Procedural Handbook, volume 9. Qualified public agency employees shall administer any contract for right -of -way services. 14. To provide certification for legal and physical control of rights -of -way ready for construction, and that all rights -of- way were acquired in accordance with the applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement by STATE for bids for construction of PROJECT. 15. To deliver legal title to the rights -of -way to STATE, free and clear of all encumbrances detrimental to STATE's present and future uses, not later than the date of acceptance by STATE of maintenance and operation of the highway facility. 16 304 54 to • 4173 03 r.. BETAITWM 1. To acquire required rights -of -way in the name of STA'IEfor the construction of PROJECT within the boundaries of CITY(MB]. Such rights -of -way shall be provided with all necessary clearances from State Dept, of Health to certify right -of -way is free and clear of hazardous waste. 2. To pay for its estimated share of right -of -way related activities, as shown in Exhibit A. 9. To pay for its estimated share of construction costs, as shown in Exhibit B. 4. To deposit with STATE, prior to award of construction contract, the amount of $ 280,000 FAU, or other applicable funds, which is 100 t of CITY(HB)'s estimated total construction cost of PROJECT as shown in Exhibit B. 5. CITY(MB]'s total obligation for said anticipated construction costs under this Agreement shall not exceed $ 2800000; provided that CITY[MB] may, at its sole discretion, in writing authorize a greater amount. 6. To comply with all applicable Federal and State regulations and processes, including all applicable procedures and policies relating to the use of Federal -Aid Urban (FAU) funds. 7. To pay STATE, within thirty (30) days after receiving a final accounting, the balance of CITY(MB]'s actual total construction cost of PROTECT, in accordance with Section III Article 5, less the amount previously deposited with STATE. 8. To review and concur with the plans and specifications for PROTECT and to notify STATE of its approval thereof within 30 days of receipt. 9. To acquire, at no expense to STATE, all required additional rights -of -way to permit full possession and control of said rights -of -way and transfer fee or easement to STATE, subject to prior examination and acceptance by STATE of the degree of title to be conveyed to STATE. The full possession and control shall be obtained and all right -of -way acquisition alterations within the right -of -way shall be completed or scheduled for completion prior to STATE advertising PROTECT for construction in the event title has not passed. 17 t U1I r -rase to be performed, all rights- of-way activi,ie,, -- ' -Iit -- to c., appraisal, acquisiticr, i- "' -t'I re]caati-n, certification, and the purchase of a policy of Title Insurance in accordance with procedures e_ t .'>le to STA`:E. These activities will be in compliance with all applicable state ana Eedeial laws and regulations, subject to STATE oversight, to assure that the completed work is acceptable for incorporation into the State Highway System. 11. To complete all rights -of -way activities by June 30, 1993. 12. To pay for the respective portion of relocation costs of utility or private facilities within existing CITY(MB) right of way and right of way to be acquired for STATE, following a determination of liability with each respective owner of such facilities. If such facilities are associated with utilities and facilities being relocated by STATE as identified in Section I Article 3, CITY[HB) will coordinate with STATE and STATE will make such arrangements with the owners of such facilities for the removal, protection, or relocation. CITY(HB) will pay to STATE their share of such liability prior to STATE issuing the NOTICE TO RELOCATE to the facility owners. If such costs are determined to be excessive by either party, design modification to reduce such liability will be considered. 13. To utilize the services of a qualified local public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in the Right of Way Procedural Handbook, Volume 9. Qualified public agency employees shall administer any contract for right -of -way services. 14. To provide certification for legal and physical control of rights- of-way ready for construction, and that all rights -of- way were acquired in accordance with the applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement by STATE for bids for construction of PROJECT. 15. To deliver legal titl and clear of all encumbrance future uses, not later than maintenance and operation of e to the rights -of -way to s detrimental to STATE's the date of acceptance the highway facility. 18 306 STATE, free present and by STATE of SECT GI N I 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation commission. 2. All additional obligations of CITIES are subject to appropriation of resources by respective City Councils and the Los Angeles county Transportation commission. ]. STATE shall not award a contract for the work until after receipt of CITIES' deposits and certification that all required rights of way have been acquired, as required in Section II Articles 4 and 9, and Section III Articles 4 and 9. 4. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITIES under or in connection with any work, authority, or jurisdiction delegated to CITIES under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITIES shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or other actions of every name, kind and description brought for on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITIES under or in connection with any work, authority or jurisdiction delegated to CITIES under this Agreement. 5. Neither CITIES nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code 895.48 STATE shall defend, indemnify and save harmless CITIES from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 6. This Agreement is intended for the sole benefit of the parties hereto, and no rights are created, or intended to be ( created, for the benefit of, or enforceable by, any fourth person. 19 307 / . a „o-IiU ally r :.,,, - = Federal funds, __ate gas tax fu:iu5 v �:yl`J� t,. is All n- plicable procedures and policies relating to -the use of such funds shall apply notwithstanding other provisions of this Agreement. a. After opening of bids, CITIES' estimates of costs will be revised based on actual bid prices. CITIES' required deposits under Section II Article 4 and Section III Article 4, will be increased or decreased to match said revised estimate, but shall not exceed the limitations set forth in Section II Article 5 and Section III Article 5 of this Agreement. If deposit increases or decreases are less than $ 20,000 no refund or demand for additional deposit will be made until after the final accounting. 9. Construction of PROJECT may require alterations, deviations, additions to or deletions from the contract plans and specifications. Any such changes will be accomplished in accordance with STATE'S specifications for the construction contract. If costs for such changes are within the amount provided for contingency items, they may be paid for from this fund. Subject to the limitations set forth in Section II Article 5 and Section III Article 5 of this Agreement, if the cost of an approved change exceeds the amount provided for in contingency items, CITIES will, upon receipt of claim thereof, deposit with STATE the estimated cost of such changes, plus five percent (5 t) for contingencies. 10. Contingency items shall include, but not be limited to, moving, erecting and repairing signs, STATE- furnished materials and service, and work done under extra work orders pertinent to the construction of PROJECT. 11. This Agreement may be terminated and the provisions herein altered, changed or amended by mutual consent of the parties hereto. 12. Notwithstanding any other section of this Agreement, STATE shall not advertise PROJECT for bid for construction unless and until the availability of Regional FAUS /CRP (or equivalent other) funds is assured by the Los Angeles County Transportation commission and other agencies, as applicable. 13. This Agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITIES or o , whichever is earlier in time; however, the owners► p and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. 14. The costs referred to herein are based on the assumption that Federal -aid (Interstate /Urban) Funds will be allocated for 20 308 L. r� financing the Rights -of -Nay costs as shown in Exhibit A. In the event that Federal -aid participation is not secured, this Agreement may be terminated mutually or by either party at any time prior to the award of a construction contract or alternatively each party's participation may be renegotiated to "make up" for the loss of Federal funds. 21 309 xv-14 l C STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BAXTER D s rict Director -App o d as to Form and Procedure A o y. Department of Transportation Approved as to Funds and CITY OF MANHATTAN BEACH By R, Mayor Att , By AND 1 CITY OF E UN ;/ "AlS � District Acc untinq Admin istrator By �!3 22 310 I ri EXHIBIT A RESPONSIBILITY FOR FUNDING a \..: Y . l R/W Land Acquisition 0 100 100 Relocation 0 100 100 Injection Wells 0 100 0 • Paid out of $ 320,000.00 Council approved construction funds; subject to Section II Article 5. 23 311 i STATE EL SEGUNDO BEACH (IN t) (IN t) (IN t) CONSTRUCTION COST State Hwy 100 0 0 Local Street 0 100 4 100 Street Lighting 0 100 • 100 Traffic Signals 50 20.8 29.2 RR Upgrading 100 0 0 UTILITY RELOCATION State HWY 100 0 0 Local Street 0 100 100 R/W Land Acquisition 0 100 100 Relocation 0 100 100 Injection Wells 0 100 0 • Paid out of $ 320,000.00 Council approved construction funds; subject to Section II Article 5. 23 311 i [: S A LA -1 23.4 07238 - 102911 SEPULVEDA BLVD FROM MARINE AVE. TO GRAND AVE. EXHIBIT B ESTIMATED SHARE OF CONSTRUCTION COST FOR EACH PARTICIPATING AGENCY 24 312 TOTAL STATE CITY(ES) CITY(MB) EST. COST SHARE SHARE SHARE CONSTRUCTION COST Roadway 2,440,600 2,345,245 56,885 38,470 Retaining Walls 335,000 280,000 55,000 0 Traffic Signals & Lighting 422,400 226,050 108,625 87,725 Bridge 340,000 340,000 0 0 Railroad Upgrading 140,000 140,000 0 0 Sidehill Viaduct 140,000 1400000 0 0 TOTAL CONSTRUCTION COST $30818,000 $3,471,295 $220,510 $1260195 24 312 r` C r r� U11i1V �. c! 1 i !s copy 9, -rnNn( 7 -LA -1; 23.4/25.2;07262 - 102911 V —ore Avenue to Grand Avenue ,geement No. 3908 A/1 Page No 1 THIS AMENDMENT TO AGREEMENT, entered into on 1 June 1996, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred herein as STATE, and CITY OF MANHATTAN BEACH, a body politic and a municipal corporation of the State of California, referred to herein as CITY[MB] 01 CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, referred to herein as CITY[ES] 313 C 23 9z A 7 -LA -1; 23.4/25.2;07262 - 102911 Mane Avenue to Grand Avenue ea: .� - The parties hereto entered into Agreement No. 3908 (Document No. 8068) on 5 November 1991, said Agreement defining the terms and conditions of a project to widen Sepulveda Boulevard, State Route 1, between 22nd Street in Manhattan Beach and Grand Avenue in El Segundo, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. 3. It has also been determined that certain specific details of PROJECT need to be modified. a) The following Articles in the original Agreement are amended in its entireties to read: RECITALS 2. In order to alleviate the existing congestion and accommodate the projected increase in traffic , STATE and CITIES desire improvements consisting of widening the east side of Sepulveda Boulevard between 22nd and 27th Streets to accommodate dual left -turn lanes for southbound movement at Marine Avenue, widening of Sepulveda Boulevard between the vicinity of Manhattan Overhead structure and E1 Segundo Boulevard from 6 lanes to 8 lanes, widening the Manhattan Undercrossing structure and provide dual left - turn lanes at the El Segundo Boulevard, Rosecrans Avenue, and 33rd Street(Southbound only) intersections, referred to herein as PROJECT. On Rosecrans Avenue dual left -turn lanes and a right -turn only lane are proposed both directions at Sepulveda Boulevard. The railroad crossing (E1 Segundo railroad spur crossing) north of Rosecrans Avenue will require upgrading. The City of E1 Segundo also desires to include in PROJECT, at its own expense, the installation of a water main from approximately Rosecrans Avenue to approximately Hughes Way, said water main hereinafter to be referred to as 'BETTERMENT' ". 314 rwha 7 -LA -1; 23.4/25.2; 07262 - 102911 'vmnn lvp. "p M (:ranrl AvPm1P Pa= `C. SECTION I (STATE AGREES:) 1. Except for the design of BETTERMENT, to be responsible for all engineering costs involved in the preparation of plans, specifications, estimates, advertisement, award, and contract administration for PROJECT including the Public Utilities Commission application for upgrading the E1 Segundo Spur Crossing. SECTION II (CITY OF EL SEGUNDO AGREES:) 4. To deposit with STATE, 15 working days prior to award of construction contract, the amount of $ 418,000 ( 100% of BETTERMENT cost and $ 113,000 which is about 40% of CITY[ES]'s other estimated costs of PROJECT as shown on Exhibit B). At that time, CITY[ES] shall also assign to STATE $ 170,000 in Federal -Aid Urban funds or other applicable funds, said amount being the difference between CITY[ES]'s total obligation and the amount deposited with STATE. 5. CITY(ES]'s total obligation for said anticipated construction costs under this Agreement shall not exceed $ 588,000; provided that CITY[ES] may, at its sole discretion, in writing authorize a greater amount. 11. To complete all right -of -way activities by 24 December 1996. _ 13, To utilize the services of a qualified local public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in the Right -of -Way Procedural Manual Chapter S. Qualified public agency employees shall administer any contract for right -of -way services. SECTION III (CITY OF MANHATTAN BEACH AGREES:) 4. To deposit with STATE, 15 working days prior to award of construction contract, the amount of $ 291,000 FAU, or other applicable funds, which is 100% of CITY[MB]'s estimated total construction cost of PROJECT as shown in Exhibit B. 5. CITY[MB]'s total obligation for said anticipated 315 J 4 ... 1Y �3y 4 7-LA-1; 23.4/25.2; 07262 - 102911 1m 11Aa..nP AirMn111• tI� f7rw1 4vPmre Page INU 4 construction costs under this Agreement shall not exceed $ 291,000, provided that CITY[MB] may, at its sole discretion, in writing authorize a greater amount. 11. To complete all rights -of -way activities by 24 December 1996. 13. To utilize the services of a qualified local public agency in all right of way acquisition related matters in accordance with STATE procedures as contained in the Right of Way Procedural Manual Chapter 8. Qualified public agency employees shall administer any contract for right - of -way services. SECTION IV (IT 28 MUTUALLY AGREED AS FOLLOWS:) 13. This Agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITIES or on 30 June 2001, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. b) The following new Articles are added to the original Agreement to read: SECTION II (CITY OF EL SEGUNDO AGREES:) 16. To perform all design work necessary for BETTERMENT. 17. CITY[ES] shall be responsible for all hazardous waste mitigation cost and all project delay cost, if any, resulting from hazardous waste mitigation required for BETTERMENT. 18. CITY[ES] agrees to follow STATE permit procedures for the construction of any landscaping STATE right of way by CITY[ES]) subsequent to this PROJECT, and to assume full maintenance responsibility therefor. CITY[ES] also agrees to execute a maintenance agreement with STATE covering this relationship. ( SECTION III(CITY OF MANHATTAN BEACH AGREES:) 16. CITY[MB] agrees to follow STATE permit procedures for the 316 23g.-" A 7 -LA -1; 23.4/25.2;07262 - 102911 Va -ne Avenue to Grand Avenue Agreem.. : .. -1 �N; ; construction of any landscaping in STATE right of way CITY(MB) subsequent to this PROJECT, and to assume full maintenance responsibility therefor. CITYCMB] also agrees to execute a maintenance agreement with STATE covering this relationship. C) EXHIBITS A and B shall be replaced with a revised version, attached to this Amendment to Agroement. d) The other terms and conditions of said Agreement No. 3908 shall be remain in full force and effect. e) This Amendment to Agreement is hereby deemed to be part of Agreement No. 3908 (Document No. 8068). 317 'QIwnn STATE Or CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation B Y: KEN STEELE District Director Approved as to From & Procedure By: vop-p, A -L 9 Att ey De-, rtment of T nsportation Certified as to Funds /�er, Office of Budgets Certififed / has to Procedure wG Accounting Administrator No 39018 .� . Page No 6 CITY OF MANHATTAN BEACH By: (Mayor) Attest: City Clerk By: City Attorn CITY OF EL SEGUNDO By: (Mayor) Attest: City Clerk . By: City Attorney 318 wa STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By: KEN STEELE District Director Approved as to From & Procedure By Attvriey Depa ent of Tr sportation Certified as to Funds Manager, Office of Budgets Certified as to Procedure ,1G J C,(l Accounting Administrator .....AVAV 1. 259-,) L, 7-LA-1; 23.4/25.2; 07262 - 102911 T,IINNY Marine Avenue to Grand Avenue CITY OF MANHATTAN BEACH By: - (Mayor) Attest: City Clerk By: City Attorney I. Ay CITY OF EL SEGUNDO City Attorney 319 All C 7 -LA -1; 23.4/25.2; 07262- 102911 Marine Avenue to Grand Avenue A_ __ ne, Pace No EXHIBIT A RESPONSIBILITY FOR FUNDING * State's obligation under this agreement is limited to relocation in kind for utilities and does not cover any betterments. IV 320 ,nnnn STATE EL SEGUNDO MANHATTAN BEACH M M (t) CONSTRUCTION COST State Hwy 100 0 0 Local Street 0 100 100 Water Main 0 100 Street Lighting 0 100 100 Traffic Signals and so 20.8 29.2 Intersection Safety Lighting RR Upgrading 100 0 0 Irrigation Facilities 0 100 100 UTILITY RELOCATION ** State Hwy 100 0 0 Local Street 0 100 100 Water Main (BETTERMENT) 0 100 0 R/W Land Acquisition 0 100 100 Relocation 0 100 100 Injection Wells 0 100 0 * State's obligation under this agreement is limited to relocation in kind for utilities and does not cover any betterments. IV 320 ,nnnn lev_ 7- L.A -1; 23.4/25.2; 07262- 102911 Marine Avenue to Grand Avenue EXHIBIT B ESTIMATED SHARE OF CONSTRUCTION COST FOR EACH PARTICIPATING AGENCY xtiNM CONSTRUCTION COST TOTAL EST. COST STATE SHARE CITY [ESI SHARE CITY[MB] SHARE Roadway $3,247,500 $3,120,847 $75,667- $50,986 Retaining walls 425,000 313,300 69,700 42,000 Traffic Signals 386,250 193,125 80,340 112,780 Intersection Safety Lighting 128,750 64,375 26,780 37,595 Temporary Street Lighting 40,000 0 30,000 10,000 Irrigation for Landscaping 37,000 0 0 37,000 Bridge 637,500 637,500 0 0 Railroad Upgrading 175,000 175,000 0 0 Water Main (BETTERMENT) * Sd34& -,�At7 0 305,000 0 TOTAL CONSTRUCTION COST $5 ,000 $4,504,147 $587,487 $290,366 1+5,035 7-0000 * Includes 20% lump sum to the STATE for Design Coordination and Construction Support. 321 EL SEGUNDO CITY COUNCIL MEETING DATE: November 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: City of El Segundo Energy Services Performance Contracting Program contract, notification of change of ownership (no fiscal impact) RECOMMENDED COUNCIL ACTION: 1 Receive and file 2 Authorize staff to prepare a contract with the new owners, Siemens Building Technologies, Inc INTRODUCTION AND BACKGROUND: At its meeting of August 4, 1998, the City Council awarded the contract for an energy services performance contract to Landis & Staefa During the development of the final contract staff was notified that Landis & Staefa, inc, had been purchased by Siemens Building Technologies, Inc DISCUSSION: Because of the nature of the transaction, i e the improvements are bonded for and the City's obligation to pay, only arises in the event it achieves the estimated savings, and the fact that the financial strength of Siemens Building Technologies, Inc exceeds that of Landis & Staefa, staff recommends proceeding with the contract with Siemens ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: ProjectlAccount Balance: Account Number: Project Phase: Appropriation Required: Date: 3 ?2 N \COUNCILWW- NOV0303 (Monday 10/26/9810 oo AM) 12 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE November 3, 1998 AGENDA HEADING Consent Council Policy regarding the Playing of VCR tapes during Council/ Planning Commission/ Recreation and Parks Commission Meetings provided by the public RECOMMENDED COUNCIL ACTION. Adopt Policy INTRODUCTION AND BACKGROUND With the introduction of the new equipment in the Council Chambers video tapes may be played without equipment set up This will improve presentations for the Council /Commissions and the public Staff is concerned that unless video tapes are viewed in advance of Council/ Planning/ Recreation and Parks meetings, inappropriate tapes may be played during the meetings Accordingly Staff is proposing that, the Council require submittal of video tapes to the City Clerk, or Commission Secretary, two (2) working days prior to the Meeting at which the tape is to be presented Average length of the tapes should not exceed five (5) minutes This policy will be printed on the Council Agenda to inform the Public 323 13