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1998 OCT 20 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items
The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a
� check mark beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the
start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council maybe directly
addressed during Public Communications.
Before speaking to the City Council, please come to the podium and give - Your name and address and the organization you
represent, if 'desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk,
607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 20,1998 - 5:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Councilmember John Gaines
ROLL CALL
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
CLOSED SESSION: The City Council may move 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))
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 B121282 and Los Angeles
No BSO44667
0 Qr
5 El Segundo v Kilroy, LASC Case No YC 031166
6 Solis v City of El Segundo, LASC Case No YC 029626
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 time), 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 right -of -way in connection with the Sepulveda Boulevard widening
project
REPORT OF ACTION TAKEN IN CLOSED SESSION (>f required)
ADJOURNMENT
POSTED:
DATE /o IS
TIME /O y n Q m
NAML-:2�y i
1020985p
002
G�'f T OA
# \ M
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items
The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a
� check mark beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the
start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly
addressed during Public Communications.
Before speaking to the City Council, please come to the podium and give Your name and address and the organization you
represent, if desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk,
607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 20,1998 — 7:00 P.M.
Next Resolution 44094
Next Ordinance #1289
CALL TO ORDER
INVOCATION —Rev G Kevin Taylor, Saint Michael's Episcopal Church
PLEDGE OF ALLEGIANCE — Councilmember John Gaines
PRESENTATIONS —
(1) Commendation to Robert "Duke" Overpeck for his four decades of dedicated and
exemplary service to the City of El Segundo
(2) Commendation to Head Swim Coach Diane Graner - Gallas for her remarkable abilities,
both as an athelete and coach, for setting new records, and for continuing in the Urho Saari
tradition of creating championship swim programs for our youth
(3) Commendations to the outgoing members of the City's commissions, committees and
boards and recognizing those members for their contribution to the community
t'•, 003
(4) Proclamation declaring Tuesday, November 3, 1998 as "BRING EL SEGUNDO TO THE
POLLS" in El Segundo and encouraging all citizens to vote
(5) Proclamation recognizing the City's "HALLOWEEN FROLIC" program to be held on
Saturday, October 31, 1998, from 4 00 p in to 6 30 p in at Recreation Park and
encouraging all families to participate
ROLL CALL
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
(1) Presentation by Chamber of Commerce of a new Zoning Map intended for use by
developers, builders, residents and others to provide a simplified understanding of the
zoning regulations and process in El Segundo
Recommendation — Receive and file.
(2) Request by Cheryl Vargo, Subtec Subdivision Technical Services, and Jim Obradovich,
requesting consideration of an additional provision amending Section 20 20 060 D 2
"Setbacks" relating to sideyards in R -1 Zones which would 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
Recommendation — Discussion and possible action.
A. PROCEDURAL MOTIONS
(1) Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only
Recommendation - Approval.
(2) Due to the unavailability of some of the Councilmembers for the November 3, 1998
Council meetings, the Mayor Pro Tern intends to attend the meetings and then adjourn and
continue the meetings to 5 00 p in and 7 00 p in, respectively, on Wednesday,
November 4. 1998
Recommendation — Discussion and possible action.
B. SPECIAL ORDERS OF BUSINESS -
An Ordinance adopting specified changes to the County Health Code by the Los Angeles
County Board of Supervisors as it applies to food establishment inspections and grading_
Recommendation -
1) Re -open the Continued Public Hearing;
2) Discussion;
3) First Reading of the draft Ordinance; and,
4) Schedule for the Second Reading of the Ordinance, and Adoption on
November 3, 1998.
004
Continued public hearing on Environmental Assessment EA -401B and Precise Plan 96 -113
(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)
Recommendation -
1) Re -open Continued Public Hearing;
2) Continue Public Hearing until November 3, 1998; and /or,
3) Other possible action /direction.
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)
Recommendation -
1) Re -open Continued Public Hearing;
2) Continue Public Hearing until November 3, 1998; and /or,
3) Other possible action /direction.
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
Recommendation —
1) Hold Continued Public Hearing;
2) Discussion;
3) Schedule First reading of Ordinance November 3, 1998; and /or
4) Other possible action /direction.
Open Public Hearing on AB 3229 and adopt a resolution accepting a law enforcement
block grant of $37.375 and authorizing its recommended use
Recommendation —
1) Open Public Hearing.
2) Discussion.
3) Adopt Resolution.
C. UNFINISHED BUSINESS
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
Recommendation —
1) Discussion;
2) Second reading of Ordinance by title only; and,
3) By motion, Adopt Ordinance.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE
005
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
Recommendation - Approve Warrant Demand Register and Authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early due to
contracts or agreements; emergency disbursements and/or adjustments; and wire
transfers from 09/28/98 to 10/09/98.
City Council meeting minutes of October 6 1998
Recommendation - Approval.
Amendment "A" 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)
Recommendation - Approve Amendment "A" and authorize the Mayor to execute the
Amendment on behalf of the City.
10 Appointment of Private Section Business representative from the City of El Segundo to the
South Bay Private Industry Council (PCD
Recommendation — Approve the appointment of Nancy Savage of Northrop
Grumman to the South Bay Private Industry Council.
11 Award of contract for update of City Circulation element to Meyer, Mohaddes Associates,
Inc (contract amount = $86,300 00)
Recommendation —
1) Approve agreement and authorize the Mayor to execute the agreement on
behalf of the City.
2) Authorize the expenditure of $15,000.00 from Traffic Mitigation Fees.
CALL ITEMS FROM CONSENT AGENDA
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 widening
Recommendation — Discussion and possible action.
H. NEW BUSINESS - CITY CLERK - NONE
L NEW BUSINESS - CITY TREASURER - NONE
J NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
10
Councilmember McDowell - NONE
Councilmember Gaines - NONE
Councilmember Wernick - NONE
Mayor Pro Tem Jacobs - NONE
Mayor Gordon - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 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
MEMORIALS
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec 54960, et sec ) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or
discussing matters covered under Government Code section 54957 (Personnel), and /or conferring with
the City's Labor Negotiators, as follows
Continuation of matters listed on the City Council Agenda for 5 00 p in , October 20, 1998 under "Closed
Session" (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE R_
TIME
NAME
10- 20 -98ag
16-b
I�
; a0
City of El Segundo, California
WHEREAS, Robert "Duke" Overpeck joined the City of El Segundo in 1958 as a Helper Mechanic,
carrying on a family tradition of City employment which began in 1934 when his
grandfather joined the El Segundo Police Department; and
WHEREAS, Duke advanced to Mechanic in 1971, and to Equipnment Mechanic I1 in 1979; and
WHEREAS, Duke received Employee of the Month honors for the month of May, 1987; and
WHEREAS, Duke is held in high regard by all of lus fellow employees, and represents the highest ideals
of public service, and
WHEREAS, July 14, 1998 marked Robert "Duke" Overpeck's 40th anniversary with the City of El
Segundo.
NOW, THEREFORE, the City Council of the City of El Segundo, California, on this 20th day of
October, 1998, hereby commends Robert "Duke" Overpeck for his four decades of dedicated and
exemplary service to the City of El Segundo and expresses its congratulations and best sashes for a happy
retirement commencing October 30, 1998.
j= n \pro ]=aVftr t 098
006
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006
vI
Ell
%icy of El Segundo, Californie
WHEREAS, participation in organized athletics helps to build character and teaches a wholesome sense
of fair play and good sportsmanship among our youth; and in order to really excel in any
sport, a young person must demonstrate, in addition to a great deal of natural ability, an
outstanding spirit of dedication, enthusiasm, and hard work; and
WHEREAS, Diane Graner - Gallas, as Head Swan Coach for the El Segundo Recreation and Park
Youth and Master's Swun Teams, instills such high ideals in the youth which she coaches:
the Youth Swim Team since 1990 and the Master's Team since 1991, during which tune
both teams have grown from approximately 20 swimmers to over 100; and
WHEREAS, The Youth Team has put El Segundo in the "modem" hooks of swimming, with many
swimmers going on to compete on high school and college swum teams, and several placing
in the top three at the Southern California Junior Olympics; and
WHEREAS, in 1997 and 1998 the El Segundo Master's Team set 4 individual world and national
records, broke 8 national and 2 world records in swim relays, and for the past two years
has been known as the "best small swim team' in the country; and
WHEREAS, Head Coach, Diane Graner - Gallas competed in the 1984 and 1988 Olympic trials,
became the first woman to win the LA County Beach Lifeguard test in 1982 and has
continued to race in open water events representing LA County, the State of California
and the United States; and in August 1998, in a competition of over 500 swimmers,
became the first woman to win the 2 -mile, Hermosa/Manhattan Beach, Pier -to -Pier
swim.
NOW, THEREFORE, the City Council of the City of El Segundo, California, does hereby recognize
Head Swan 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.
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007
CITY OF EL SEGUNDO
Committees, Commissions & boards
Attached is a copy of one of the Commendations to be presented to each outgoing member of
committees, commissions and boards at the October 20, 1998 City Council Meeting
CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE:
Eugene J Gillingham (reapptd 113019e to 1st 4- yrterm)
John G Gaines ( apptd fa 6 t 194 -yr term)
ECONOMIC DEVELOPMENT ADVISORY COUNCIL
Nancy Cobb (Small Business Representative) (appid 92me)
EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE:
David W Reeves (11- 14 -94, 4 yrterm)
INVESTMENT ADVISORY COMMITTEE:
H Kelly McDowell (reepptd 91l"7 M god term)
LIBRARY BOARD OF TRUSTEES.
Gerry Preciado (appttl to let 3- yrterm Elected Pres9Ha96)
PLANNING COMMISSION:
Charles O'Heam (appttl WIM7to fill Beet of Robert Yeagley who revgpedeiW)
RECREATION & PARKS COMMISSION:
Teny Ceretto (epptd &2]94 to 4 yrteM)
Sandra F Romero (apptd 61IM7 to 1st4- y,tarm)
TERM 12/01/94 - 11130198
TERM 12101196 - 11130100
NO TERM EXPIRATION
TERM 11114194-10131198
TERM 09101197 - 08130101
TERM 08111195-06130198
TERM 09116197-06130198
TERM 06101194 - 5130138
TERM 06101197 - 5130101
WALL OF HONOR COMMITTEE (Committee disbanded 411197, duties transferred to ReclParks Committee)
E Jane Conley TERM 8101194 - 07130198
EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION BOARD:
Manlyn (Dolly) Thomas (appW&Ia 4 t ist4yrterm) TERM 07101194 - 06130198
Michael Ashfar (apptd911397to 1st 4- yrte.) TERM 09/13/97 - 06130101
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WHEREAS, a democracy depends on the active participation of all of its citizens, and
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WHEREAS, Americans have made "rights" the foundation of our national Identity, and one of the
fundamental rights of every American citizen, is the Right to Vote; and
WHEREAS, by exercising this right, we become part of the democratic process, with each of us having
a say in who We want to represent us, what We want done, how We want our tax money
spent, and who We want to lead our nation; and
WHEREAS, what was once a struggle for the right to vote has evolved into a struggle to motivate
citizens to vote, and
WHEREAS, voting has been made extremely easy, with voter registration forms available at every Post
Office, with numerous polling places in all communities, and the vote by mail ballot, and
WHEREAS, to keep our government of, for and by the people, strong, it is the Vote, this privilege
granted to each American citizen, which must he exercised on Election Day.
NOW, THEREFORE, the City Council of the City of El Segundo, California, does hereby proclaim
Tuesday, November 3, 1998 as 'Bring El Segundo to the Polls" and urges each and every citizen to
become a part of history as we move into the new millenium by exercising Your right to vote for the
candidates of Your choice, to represent You at the State and Federal level and to lend Your voice to the
important ballot measures
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City of E1 Segundo, `liallfor L,„
WHEREAS, On October 31st, when pmt -sued ghouls and goblins knock on our doors, they are
actually carrying on a tradition that dates back thousands of years to the Celtic tribes of
northern Europe; and
WHEREAS, For centuries this night has celebrated mystery and chaos, a time between summer and
winter, a time between life and death, a 3,000 year quintessentially pagan holiday which
has survived to become one of America's most popular holidays, and
WHEREAS, Each year El Segundo gathers its ghouhes, ghosties, scarecrows and Jack -O- Lanterns in
celebration of the spookiest night of the year at its annual Holloween Frolic; where the El
Segundo Yvwanis Club sponsors, for all ages, a contest for the most fantastically
frightening, rib - tickling funny and overtly original costumes; where the El Segundo
Woman's Club judge the carved pumpkin contest; where drama students will tell your
fortune (for a price); and other civic and youth groups provide food, candies and
monstrous games; and
WHEREAS, the annual Holloween Frolic affords the people of El Segundo the opportunity to
experience wholesome family fun and entertainment in a safe environment, while boosting
the economy with additional business, especially at the dental offices
NOW, THEREFORE, the City Council of the City of El Segundo, California, does hereby proclaim
the hours of 4:00 p.m to 6.30 p.m., Saturday, October 31, 1998 as "Holloween Frolic" in El Segundo
and invites parents, their children, and the entire community, to participate in this annual event in the
safe environment of our El Segundo Recreation £1 Park.
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October 13, 1998
Honorable Mayor and Members of the City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re New Zoning Map
Dear Mayor Gordon and Council Members
It will be my pleasure to present to you during Public Communications at the Council meeting on
October 20th the new Zoning Map which has just been received from the printer This map is
intended for use by developers, builders, residents and others to provide a simplified
understanding of the zoning regulations and process in El Segundo It is the first time to our
knowledge that this medium has been used to assist the general public in understanding the
complexities of the permitting process
I especially would like to thank Council Member Nancy Wernick who originally suggested this
idea and that it be undertaken by the Chamber of Commerce We then sought the help of Bret
Bernard, Director of Planning, who together with his staff, was instrumental in the design and
overall presentation of the map Paul Geary was one of those who worked diligently on the
project and there may have been others of whom I am not aware
This has been another excellent example of the good results that are obtained by the City Staff and
the Chamber working together
I hope that you will be satisfied with the concept and the final product
Yours truly,
William T Mason, President
012
CAWPWink0fC\VWmap.982
EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322 -1220 • FAX (310) 322 -6880
FROM : VPRGO PHONE NO. : 310 679 5657 Oct. 14 1996 01:52PM P2
SUBTEC ' ."
SUBDIVISION TECHNICAL SERVICES
5147 WEST ROSECRANS AVENUE, HAWTHORNE, CA 90250 (310) 644 -3668
October 14, 1998
Ms. Laurie Jester
City of S1 Segundo
350 N. Main Street
El Segundo, CA 90245
Re:� zoning Code Amendment
Dear Laurie:
w. .0 •w •,..p..
As part of the City's review of the zoning code, we would like to
request that you consider amending Section 20.20.060D.2. Setbacks
- side yard for the R -1 Zone. we feel that a provision should he
included (similar to the R -2 standards) which permits "attached
garages on 25 foot wide lots only, located on the rear one -third
of the lot, are allowed zero setback on one interior side lot
line ".
As we know, these narrow 25' legal lots pose severe design con-
straints on the reasonable development of these parcels. As the
Code is written today, the garage cannot be attached because there
is insufficient lot width to provide the miniumum garage width
with a 3' side yard on both sides.
A zero side yard would allow for greater design flexibility for
the overall improvements on the lot including compensation
elsewhere on the property so as not to result in impacts to
adjoining properties.
This request seems reasonable as these narrow lots are only in one
sp cific area of the City and are generally in the vicinity of
\grater density lots.
Thank you for your consideration of this request
that you will place this on the next agenda.
Sincerely, l J
*Cheryl o
CC: Jim Obradovich
013
We understand
i
� 1
V
20.22 R -2 ZONE
B. Height
The height of all dwelling units shall not exceed 26 feet and two stories. The
height of all other buildings and accessory structures, including detached
garages shall not exceed 14 feet.
Average of
Highest Gable
Accessory Dm Aing Unit
Structure
C. Lot Area
A minimum of 7,000 square feet. Lots less than 4,000 square feet in area
shall be occupied by only 1 dwelling writ, provided all other requirements of
this title are met.
D. Setbacks
1. Front and rear The combined total of setbacks for the front and
rear yard shall be at least 30 feet, with no front yard setback less than
20 feet and no rear yard setback less than 5 feet.
2. Side yard: Structures shall maintain a minimum setback of 5 feet.
Any detached accessory structures, and attached garages on 25 foot
wide lots only, located on the rear one -third of the lot, are allowed
zero setback on one interior side lot line.
3. Side Yard. Reversed Comer: Reversed comer lots shall have the
following side yard with a triangular area described as follows: One
angle shall be formed by the rear and street side property lines, and
the sides of this angle shall be 15 feet in length, measured along the
rear and strut side property fines. The third side of this triangle shall
be a straight line connecting the two other lines at their endpoints.
This triangular side yard setback area shall be in addition to the other
side yard setback requirements described in 20.22.060 D.2. above.
4. Rear Yard: Structures shall maintain a minimum setback of 5 feet.
Accessory structures are allowed zero setback on the rear property
line. A dwelling unit above a garage where the vehicular entrance is
from an alley shall maintain a minimum 1 foot setback.
Ord. No. 1212, 1239, 1245, 1257 -75- 11/16/93, 11/21/95, 2/6/96, 6118/96
W
20.20 R -1 ZONE
D. Setbacks
1. Front and rear yard: The combined total of setbacks for the front and
rear yard shall be at least 30 feet, with no front yard setback less than
22 feet and no rear yard setback less than 5 feet.
2. Side yard: Structures shall maintain a mtmmum setback of 5 feet
Detached accessory structures, located in the rear one -third of the lot,
are allowed zero setback on one interior side lot line.
3. Side Yard, Reversed Comer: Reversed corner lots shall have the
following side yard with a triangular area described as follows: One
angle shall be formed by the rear and street side property lines, and
the sides of this angle shall be 15 feet in length, measured along the
rear and street side property lines. The thud side of this triangle shall
be x straight line connecting the two other hues at their endpoints
This triangular side yard setback area shall be in addition to the other
side yard setback requirements described in 20.20.060 D?. above.
4. Rear Yard: Structures shall maintain a minimum setback of 5 feet.
a* Detached accessory structures are allowed zero setback on the rear
property line.
5.000 S1 Min
Lot Size
r,wn combined SeMa k Exampa.
r-
i] Fmnt+ near - Combned
22' + 8' - 00'
25' + 5' - 30'
I
I
I 50' Min
at Rear of
From Yard
5. Exceptions:
Notwithstanding the provisions of Section 20.20.060 D., the west side
yard of 618 W. Oak Avenue, more particularly described as the north
142.5 feet of the south 285 feet of the east 50.265 feet of Lot 14,
Block 9, Tract No 1685, commencing 63 feet south of the front lot
line and continuing south a distance of 30 feet, shall be 3 inches in
width so long as that certain structure located along that 30 -foot
distance which existed on January 11, 1973, remains in existence
Upon the removal or destruction of said building, this property shall
no longer be exempt from Section 20.20.060 D.
City of El Segundo Zoning Code -66- Issued: 3/17/98 (Ord. 1286)
015
City of El Segundo
Inter - Departmental Correspondence
To: City Council Date: October 14, 1998
From: Mike Gordon, Mayor
Subject: November 3, 1998 Council meeting
Due to the unavailability of some of the Councilmembers for the November 3rd
Council meetings, the Mayor Pro Tem intends to attend the meetings and then adjourn and
continue the meetings to 5 00 p in and 7 00 p in, respectively, on Wednesday, November 4,
1998 I would request that the City Clerk provide assistance in this matter
MG•mb
cc Mary Strenn, City Manager
016
EL SEGUNDO CITY COUNCIL MEETING DATE: 20 October 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Heanna
AGENDA DESCRIPTION:
An Ordinance adopting specified changes to the County Health Code by the Los Angeles County Board of
Supervisors as it applies to food establishment inspections and grading
RECOMMENDED COUNCIL ACTION.
1 Re -open the Continued Public Hearing,
2 Discussion,
2 First Reading of the draft Ordinance, and,
3 Schedule for the Second Reading of the Ordinance, and Adoption, on 03 November 1998
INTRODUCTION AND BACKGROUND:
The City of El Segundo presently contracts with the County of Los Angeles Department of Health Services to
protect the public health and safety by enforcing generally accepted health standards Since the City last Adopted
the County Health Code, several sections in the County Health Code have been amended This includes the recent
adoption of a (County) Ordinance empowering County Health Inspectors to assign a letter grade to food
establishments, resultant from their inspection(s), and requiring these facilities to post the grade in a public
(observable) place In addition to restaurants, food establishments include bakeries, bars, food makers, liquor
stores, and other similar uses
Pursuant to initial consideration of the subject at its 15 September 1998 City Council meeting, as Continued at its
October 6th regular meeting, and to enable the "food preparation" community some time to better prepare for its
implementation, staff was directed to return this item to Council for public review (hearing) and the first reading of
the suggested Ordinance on 20 October 1998
(Continued on the following page )
ATTACHED SUPPORTING DOCUMENTS:
draft (City) 'Food Establishment Grading' Ordinance No
Los Angeles County Ordinance No 97 -0071
Los Angeles County List of the Certified Food Handler Training Providers
Los Angeles County Department of Health Services Advisory Bulletin
State of California Assembly Bill No s 286 and 1978
FISCAL IMPACT:
(Check one) Operating Budget, N/A Capital Improv, Budget:_
Amount Requested, 0
Project/Account Budget:
NONE. Project/Account Balance: Date:
Account Number:
Project Phase-
Appropriation Required -Yes—No X
ORIGINATED: Date: 13 October 1998
Bret B Bernard, AICP, Director of Planning and Building Safety
REVIEWED BY: Date.
I-, Tot I [a] ki
017 1
Food Establishments' Grading Ordinance
- page #2 -
Date• 20 October 1998
DISCUSSION:
Since the Adoption of the Los Angeles County Health Code there have been minor changes in the Health Code
These include a new numbering system, re- codification, and minor revisions regarding requirements for the
operation of food facilities (i e , establishments)
On 16 December 1997, the Los Angeles County Board of Supervisors adopted County Ordinance No 97 -0071
attached and subsequently amended it per Ordinance No 98 -0037 on 21 July 1998 These County Ordinances
enhance the current public health requirements for operation of food facilities The Ordinances establish grading
and posting requirements, mandatory food handler's certification for all food facilities, as well as a (grading) appeal
process
The food handler's certification requires that at least one food handler be cerhfied for each food facility There is no
current requirement that a Certified Food Handler be on the premises at all times (that is, for each work shift) The
certification is gained through successful completion of an eight hour training course According to County
information, the average cost of $125 ffi The course is presently offered at forty -two locations throughout Los
Angeles County, including a number of Community Colleges, and in a variety of languages The specific current
locations of (thirty -nine of the) County (approved) Certified Food Handler training sites is contained on the attached
Los Angeles County provider list El Camino Community College does not presently offer such a course Other
information about these locations and the specific course tuition costs can be obtained from the Los Angeles County
Health Department Inquiries should be directed to Dr Frank Gomez, his telephone number is 323/881 -4117
The amendment (County Ordinance No 98 -0037) provides fees to enable food establishments that are dissatisfied
with their initial letter rating to initiate a re- inspection Recent information received from the Los Angeles Health
Department indicates that, after a grading, a re- inspection request by the food establishment need not wad ninety
days (as had been posited) In fact, as the attached County 'Advisory Bulletin' indicates, an "owner initiated
inspection" must be initiated by the end of the next business day (upon re- opening) after receipt of the food
establishment's grade It also requires payment of a fee (currently $161 —w) According to the Bulletin, the County is
committed to a follow -up inspection within ten calendar days of receipt of the request
In Los Angeles County, over 30 cities have adopted the grading and posting requirements and mandatory food
handler's certification There are 83 cities in the county that could adopt potentially a Hermosa Beach, Manhattan
Beach and Lawndale are also currently reviewing it for (possible) adoption To the best of our information, the cities
of Redondo Beach, Hawthorne, and Torrance have decided not to adopt this Health Code amendment at this time
It is worth noting that, subsequent to the County adoption of food establishment grading and during the City's
consideration of the subject, the State of California has adopted Assembly Bill No 286, which relates to but does
not supersede the County's adopted food facilities' inspection and grading process A copy of this Assembly Bill is
attached for the Council's edification More relevant is another Assembly Bill, No 1978 attached , which relates to
the regulation of retail food facilities Already effective (01 January 1998), it requires specified food establishments,
on or before 01 January 2000, to have an owner or employee who has successfully passed an approved and
accredited food safety certification examination Although it is anticipated that Los Angeles County's current
Ordinances that are being considered by the City Council for adoption is consistent with both Assembly Bills, Bill No
1978 allows local enforcement agencies until January 1st, 2001, to comply Therefore, research to date did not
reveal any new legislation preempting the City's authority in this area However, the Attorney's office and staff will
follow additional legislative developments in this area and report back as appropriate
ADDITIONAL INFORMATION.
The item was noticed in the City's newspaper of'official notice'-- the "El Segundo Herald ", was posted at a number
of locations throughout the City, including City Hall and the (main branch of the) City (public) Library, and, has
appeared (as noted earlier) on several previous City Council meetings' Agendas To date, staff has received input
from one local restauranteur, and, no other inquiries from food establishment operators, citizens, or other
interested parties relative to this topic
ME:
Food Estabhshments' Grading Ordinance
.. page #3 -
Date: 20 October 1998
ADDITIONAL INFORMATION: (continued )
The restaurant owner provided comment upon the grading system, specifying some of the criteria which the County
uses in determining a facility's grade /score In response, staff is endeavoring to have County Health Service
personnel in attendance at the City Council meeting in case the Council and /or others have questions of their staff
In addition, the citizen /restaurant operator also informed staff of additional legislation which the State had
considered and passed relative to this subject [Analysis of this legislation is provided above — under
DISCUSSION ]
For general information regarding the Los Angeles County Health Services Department's - Food Establishments
grading and inspections, it is suggested that interested parties contact Ms Brenda Ballard She may be reached at
telephone number 323/881 -4015, and, her office's facsimile number is 323/415 -0863 Information regarding
County food establishment closures, and the grade /score of all (rated) food facilities in Los Angeles may be
obtained at the County "web site" www.dhs.co.Ia.ca.us
S \HEALTH -2 RPT /bbb
019
ORDINANCE NO.
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
remspectlons 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
RE GRADING SYSTEM &
CERTIFICATION PROGRAM FOR
FOOD ESTABLISHMENTS
PAGE NO 1
V 020
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
1111060 Exemptions
1111070 Display of Food Handler's Tramng Certificate
11 11 080 Change of Certified Food Handler
11 11 090 List of Certrficed 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.
ORDINANCE NO
RE GRADING SYSTEM &
O�} f CERTIFICATION PROGRAM FOR
!. 1 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 was duly introduced 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 Clerk
APPROVED AS TO FORM
Mark D Hensley, City Attorney
ORDINANCE NO
RE GRADING SYSTEM &
CERTIFICATION PROGRAM FOR
FOOD ESTABLISHMENTS
022 PAGE NO 3
--q
ANALYSIS
An ordinance amending the Los Angeles County Code,
Title 8 - Consumer Protection and Title it - Health and Safety,
relating to the operation of food establishments by:
1. Establishino a letter grade and inspection score system
for all food establishments and requiring the posting of a letter
Grade card or inspection score card, or both;
2. Requiring all food establishments to keep copies of
inspection reports for review by the general public;
3. Requiring all food establishments for which the public
health permit has been suspended or revoked to post a notice of
closure and requiring these establishments to remain closed until
further action of the county health officer;
4. Requiring all food establishments to post a notice
providing the address and telephone number of the local
environmental health office responsible for oversight of the
es:azlishment;
S. Establishina a food handler's training certification
=rocram and requiring all food establishments to have a person
cer:_fied in safe food handling practices on the premises at all
:imes, and
6 Making other, technical changes.
DE WITT W. CLINTON
County Counsel t
By SHARON A. REICHMAN
Deputy County Counsel
SAF.: sir Public Services Division
_
:2 -3 -97
0 0023
ORDINANCE NO. 07 -0071
An ordinance amending the Los Angeles County Code, Title 8 -
Consumer Protection and Title 11 - Health and Safety, relating to
food establishments.
The Board of Supervisors of the County of Los Angeles
ordains as follows:
SECTION 1. Section 6.04.165 is added to read as follows:
Section 8.04.165 Food Official Inspection Report. "Food
Official Inspection Report" means the written notice prepared and
issued by the county health officer after conducting an
inspection of a food facility to determine compliance with all
applicable federal, state and local statutes, orders, ordinances,
cuarantines, rules, regulations, or directives relating to the
health.
SECTION 2. Section 8.04.225 is added to read as follows:
Section 8.04.225 Grading & Letter Grade Card.
A. "Grading" means the letter grade issued by the county
ne -=!_h officer at the conclusion of the routine inspection of a
food es:anlisnment. The grade shall be based upon the scoring
m =_:hod set forth in this section resulting from the Food Official
:r.speotion Report and shall reflect the food establishment's
de__ee of compliance with all applicable federal, state and local
s :=. -sites, orders, ordinances, quarantines, rules, regulations, or
— e =:eves relating to the public health.
b "Letter Grade Card" means a card that may be posted by
the county health officer at a food establishment upon completion
of a routine inspection tna*_ indicates the letter grade of the
__GCG24
-�r
establishment as determined by the county health officer usinc
the scoring method set forth in this section. For the purposes
of this provision, a food establishment shall include a food
establishment operating in conjunction with a -food processing
es :ablishmert. Nothing in this chapter shall prohibit the county
health officer from creating and usina a Letter Grade Card in
combination with an Inspection Score Card. The county health
cfficer, in his discretion, shall determine whether to post the
Letter Grade Card, the Inspection Score Card, or both.
C. The county health officer, in his discretion, may
immediately close any food establishment which, upon completion
c` the routine inspection, does not achieve a "C" grade as
se =_nea herein. Nothing in this provision shall prohibit the
:c my health officer from immediately closing any food
estan'_;shment if, in his discretion, immediate closure is
=_cessary to protect the public health.
J. The letter grade shall be based upon the final numerical
__=:entaae score set forth in the Food Official Inspection
as follows.
�. A grade of "A" shall indicate a final score of
- _.._t; percent (90 %) or higher as determined by the county health
2 A grade of "B" shall indicate a final score less
:.,an ninety percent (90 %) but not less than eighty percent (80 %)
as aetermined by the county health officer;
3. A grade of "C" shall indicate a final score less
00025
than eighty percent (804) but not less than seventy percent (70%)
as determined by the county health officer.
SECTION 3. Section 8.04.275 is added to read as follows:
Section 8.04.275 Inspection Score Card.
A. "Inspection Score Card" means a card that may be posted
by the county health officer at a food establishment, upon
completion of a_ routine inspection, that indicates the total
numerical percentage score for the establishment as determined by
tae county health officer and as set forth in the Food Official
inspection Report. For the purposes of this provision, a food
establishment shall include a food establishment operating in
conjunction with a food processing establishment. Nothing in
this chapter shall prohibit the county health officer from
creating and using an Inspection Score Card in combination with a
Letter Grade Card. The county health officer, in his discretion,
snail determine whether to post the Inspection Score Card, the
=_tier Grade Card, or both.
B. The county health officer, in his discretion, may
immediately close any food establishment which, upon completion
c`_ the routine inspection, achieves a total numerical percentage
store less than seventy percent (704) as set forth in Section
E 04.225. Nothing in this provision shall prohibit the county
nealtn officer from immediately closing any food establishment
__, in his discretion, immediate closure is necessary to protect
tae public health.
SECTION 4. Section 8.04.337 is added to read as follows:
Section 8.04.337 Notice -of Closure. "Notice of Closure"
00 026
_1
means a public notice that may be posted by the county health
officer at a food establishment upon suspension or revocation of
the establishment's public health permit and that results in the
immediate closure of the establishment and the discontinuance of
Gou,\+"
all operations of the food establishment, by order of the T1.
health officer, because of violations of applicable federal,
state and local statutes, orders, ordinances, quarantines, rules,
regulations, or directives relating to the public health.
SECTION B. Section 8.04.405 is added to read as follows:
Section 8.04.405 Routine Inspection. "Routine Inspection"
means a periodic, unannounced inspection of any business or
occupation specified in Section 8.04.720 to determine compliance
with all applicable federal, state and local statutes, orders,
ordinances, quarantines, rules, regulations, or directives
relating to the public health. A Routine Inspection shall not
rean an inspection conducted by the county health officer to
det ermine compliance with a previously issued Food Official
:r.spect,cn Report or any interim inspection conducted to
de= ermine compliance with specific regulations or legal
rect.,rements.
SECTION 6. Section 8.04.752 is added to read as follows:
Section 8.04.752 Posting Requirements - penalty for Mon-
Compliance- Documents Available for Public Review.
A Upon issuance by the county health officer, the health
c: :,cer shall post at every food establishment the Letter Grade
Card, the Inspection Score Card, or both, as determined by the
00027
county health officer, so as to be clearly visible to the general
public and to patrons entering the establishment. "Clearly
visible to the general public and to patrons" shall mean:
1. Posted in the front window of the establishment
within five (5) feet of the front door;
2. Posted in a display case mounted on the outside
front wall of the establisnment within five (5) feet of the front
door; or
3. Posted in a location as directed and determined in
t. ne discretion of the county health officer to ensure proper
notice to the general public and to patrons.
a In the event that a food establishment is operated in
tne same building or space as a separately licensed or permitted
z_s_n=_ss, or in the event that a food establishment shares a
common patron entrance with such a separately licensed or
=e_- ._tted business, or in the event of both, the county health
c °f :cer shall post the Letter Grade Card, the Inspection Score
or both, in the initial patron contact area, or in a
_.._at_on as determined in the discretion of the county health
^P
C The Letter Grade Card and the Inspection Score Card
snail not be defaced, marred, camouflaged, hidden or removed.
snail ce unlawful to operate a food establishment unless the
:,etter Grade Card, the Inspection Score Card, or both, as
_etermined by the county health officer, is or are in place as
set forth hereunder. Removal of the Letter Grade Card, the
;nspecti.on Score Card, or both,-is a violation of this chapter
60028
It
and may result in the suspension or revocation of the public
health permit and shall be punishable as specified in Section
8.04.930.
D. Every food establishment shall post a legibly lettered
sign which displays the following information so as to be clearly
visible to the general public and to patrons entering the
establishment:
,,Any public health concerns regarding this
establishment should be directed to the County of Los
Angeles, Environmental Health office located at:
(local office address and telephone number to be
=rovided by the county health officer)."
E. The Food Official Inspection Report upon which the
Letter Grade Card, the Inspection Score Card, or both, are based
and all subsequent reports issued by the county health officer
shah be maintained at the food establishment and shall be
available to the general public and to patrons for review upon
re =nest. The food establishment shall keep the Food Official
Inspeection Report and all subsequent reports until such time as
the county health officer completes the next routine inspection
of the establishment and issues a new Food Official Inspection
'eoor_
S'CTION 7. Section e.04 755 is added to read as follows:
Section 8.04.755 Letter Grade Card E Inspection Score
Card - Period of Validity. A Letter Grade Card, an Inspection
Score Card, or both, shall remain valid until the county health
00029
officer completes the next routine inspection of the food
establishment.
SECTION B. Section 8.04.943 is added to read as follows:
Section 8.04.943 Public Health Permit suspension or
Revocation - Notice of Closure
A. Upon issuance of a written notice of suspension or
revocation of the public health permit by the county health
officer, the health officer shall post a Notice of Closure at the
food establishment so as to be clearly visible to the general
public and to patrons.
B. upon issuance of the written notice of suspension or
revocation of the public health permit by the county health
officer, the food establishment shall immediately close to the
general public and to patrons and shall discontinue all
operations until the public health permit has been reissued or
r =__:stated by order of the county health officer or until the
estaolishment no longer operates as a food establishment.
C The Notice of Closure shall remain posted until removed
o., the county health officer. Removal of the Notice of Closure
zy any person other than the county health officer or the refusal
cf a food establishment to close upon issuance of the written
notice of suspension of the public health permit is a violation
cf this chapter and may result in the suspension or revocation of
:-e food establisnment's public health permit and shall be
z..zishable as specified in Section 8.04.930.
00030
SECTION 9. Chapter 11.11 is added to read as follows:
Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION
section 11.11.010 Definitions. As used in this
chapter:
A. "Certified Food Handler" means an owner, operator, or
any other person at least eighteen (18) years of age who
supervises all or part of the food service operations within a
Food Service Operation and is responsible for training the
operation's employees in the areas set forth in Section
At the discretion of the Director, and upon a showing
of good cause, the Director may waive the requirement that a
Certified Food Handler be at least eighteen (18) years of age.
B. "Department" means the County of Los Angeles, Department
cf health Services.
C. "Director" means the Director of the Department of
e -alth Services or his duly authorized designee.
^ "Food Handler's Training Certificate" means a
issued by the Department, certifying that a Food
and_er has satisfactorily demonstrated competency in food
protection and practices by passing a written examination
acr. :nistered by the Department or by completing a food handler's
course approved by the Director.
"Food Service Operation" means any food service business
wn:c. prepares any potentially hazardous food on the premises for
sa'_e o= sift to the public and includes but is not limited to all
restaurants, markets, bakeries, mobile food preparation units,
commrssarres, and food processinj establishments.
00031
I
F. "Potentially Hazardous Food" shall meaz those foods set
forth in California Health and Safety Code section 113845 as it
currently exits or hereafter may be amended.
Section 11.11.020 Application a Effect.
A. Within one (1) year of the effective date of this
ordinance, each Food Service Operation as defined in Section
11.11.15o shall have at least one Certified Food Handler on the
premises at all times during operating hours.
H. Failure to have a Certified Food Service Handler on site
at all times during the operating hours of the Food Service
Operation and as specified in this section within one (1) year
from the effective date of this ordinance shall be grounds for
tae suspension or revocation of the operation's public health
permit pursuant to the applicable provisions of Chapter 8.04 of
t::is Code and shall be punishable as set forth in Section
c.01: °30.
Section 11.11.030 Procedure for obtaining a Food Handler's
Training Certificate.
A. Every person desiring certification as a Certified Food
haac:er shall file with the Department an application for
certification, accompanied by an application fee. Upon
app_icaticn, each person desiring certification shall provide:
1 Proof of successful completion of a food handler's
= :ainina course approved by the Department;
2. A food handler's training certificate which
indicates passage of an examination developed and administered by
--- 00032
The Center for occupational and Professional Assessment of the
Educational Testing Service; or
3. Any other food handler's training certificate
which, in the discretion of the Director, is equivalent to either
(1) or (2) above.
B. In the alternative to the procedure set forth in
subdivision A, any person desiring certification as a Certified
Food Handler, upon payment of an examination fee, may take an
examination administered by the Department. The Department shall
ce- --tzfy only those persons who receive a score of seventy -five
percent (75 %) or higher on its examinations. The payment of any
examination fee shall be in addition to the application fee set
fcrth in this section.
Section 11.11.040 Food handler's Training Course. Any
food handler's training course taken by a person desiring
C-___facation as a Certified Food Handler shall be a minimum of
four (4) hours in duration. The course of instruction shall
_.. =lude, but not be limited to, the following subject matter:
microorganisms, sources of foodborne illness-microorganisms,
_`ocdnorne illness, the means by which food is contaminated by
,:.=roorgani.sms and toxic substance, the methods for protection of
_`ood to prevent foodborne illnesses, personal hygiene for food
:,andlers, proper utensils and equipment washing and sanitizing,
ar.J proper receiving and storage of food.
Section 11.11.050 Multiple Food Service Operations.
Persons who operate more than one Food Service Operation shall be
r
00033
i
required to have a Certified Food Handler at each operation at
all times during operating hours.
Section 11.11.060 Exemptions. Food service Operations
which deal exclusively in non - potentially hazardous prepackaged
food and beverages or Food Service Operations required by the
Department to have only temporary operating permits shall be
exempt from the provisions of this chapter.
Section 11.11.070 Display of Food Handler's Training
Certificate. The Food Handler's Training Certificate shall be
posted in a conspicuous place within the Food Service Operation,
or in a location designated and approved by the Director.
Section 11.11.080 Change of Certified Food Handler. A
Certified Food Handler who changes his or her place of employment
a` -ter obtaining a Food Handler's Training Certificate may display
the certificate in any other Food Service Operation in which he
or sne subsequently is employed. A Food Service Operation which
.cses its Certified Food Handler must obtain another Certified
Handler within thirty days.
Section 11.11.090 List of Certified Food Handlers. The
Department shall maintain a current list of all Certified Food
.-analers within the County of Los Angeles.
Section 11.11.100 Expiration. The Food Handler's
7ra..^._nc Certificate shall be valid for four (4) years from the
case of issuance. Upon the expiration of the Food Handler's
:raining Certificate, all persons must re -apply for a new
certificate according to the procedure set forth in Section
-. 11.030
0 0: 34
section 11.11.110 Duplicate Food Handler'-s Training
Certificate. The Director, upon a showing of good cause, may
issue duplicate Food Handler's Training Certificates upon payment
of a duplicate certificate fee.
Section 11.11.120 Revocation of Food Handler's Training
Certificate.
A. The Director may immediately revoke any Food Handler's
Training Certificate when any of the following is found to exist
within a Food Service Operation which is operated by or under the
suoervisi.on of a Certified Food Handler:
1. Evidence indicating repeated or continuing
violations of required procedures and practices in the
preparation, service, storage, distribution or sale of food or
neverage offered for public consumption;
2. Any condition detrimental to the public health,
kn_ca shall include but not be limited to any condition that can
cause food infection, food intoxication, disease transmission or
any nazardaus condition including but not limited to unsafe food
temperature; or
3. Evidence indicating falsification of information
re;a:.red by the Department for issuance of the Food Handler's
77ain_na Certificate.
B The Director shall issue a notice to the Certified Food
Handier setting forth the acts or omissions with which he or she
is cnarced and informing him or her of the right to a hearing, if
requested, to show cause why the certificate should be
reinstated
100035
section 11.11.130 Right to Appeal Following Revocation.
A. Any Certified Food Handler whose certificate has been
revoked may make a written request for hearing within fifteen
(15) calendar days after receipt of the notice specified in
Section 11.11.230 to show cause why the certificate should be
reinstated. A failure to request a hearing within fifteen (15)
calendar days after receipt of the notice shall be deemed a
waiver of the right to a hearing. When circumstances warrant,
the Director may order a hearing at any reasonable time within
to =s fifteen (15) day period to expedite the certification
revocation process.
B The hearing shall be held within fifteen (15) calendar
nays of the receipt of the request for a hearing. Upon written
request of the Certified Food Handler, the Director may postpone
any hearing date, if circumstances warrant such action.
C. An Environmental Health Services Manager for the
Department shall preside over any hearing requested under this
se___o on
Section 11.11.140 Notice of Decision. The Director shall
issse a written notice of decision to the Certified Food Handler
w_tnin five (5) working days of the hearing. The notice of
c=_ =ision shall specify the acts or omissions with which the
= ertified Food Handler is charged and shall specify either that
the certificate remains revoked or that it has been reinstated.
section 11.11.150 Violation. Notwithstanding any other
provision of this chapter, violation of this chapter is
Punishable by a fine of not more -than $500.00 or by imprisonment
0 Qf,1s
in the County jail for not more than six months,- or both. Each
day during any portion of which any violation of any provision of
this chapter is committed, continued or permitted makes.such
violation a separate offense.
Section 11.11.160 Severability. If any provision of this
chapter or the application thereof -to any.person or circumstance
is held invalid, the remainder of the chapter and the application
of such provision to other persons or circumstances shall not be
affected thereby.
[804165sr.coc)
M, :.s
OCT -13 -98 11:20 FROM:
� l' •C
LIST OF APPROVED TRAINERS AND CERTIFICATION PROVIDERS FOR THE
COUNTY OF LOS ANGI•LES
CERTIFIED FOOD HANDLERS PROGRAM
(As of 10/9/98
Community Colleges and Universities
California State University Long Beach
Vala Jean Stults, Ph.D., R.D
(562) 985 -2274
E -mail: Vala @csulb.edu
LS ProVder No 022
Offers ServSafe@ Course in English
California State University, Los Angeles
Stephen Adubofuor, Continuing Education
(323) 343 -4913
LAC Provider No 027
Offers ServSafe@ Course/NAI Exam
English/Spanish/Chinese
Cerritos Community College
Health Occupations Division
(562) 860 -2451
LAC Provider No. 002
Offers ServSafe® Course
English
College Of The Canyons
Lee Blecher
(805) 259 -7800
LA5 Provider No. 019
Offers ServSafe@ Course
English
Los Angeles Mission College
(818) 364 -7625 or (818) 364 -7797
LAC Provider No. 007
Offers NAI Exam and ServSafe@ Course
An Intemet Course in Food Protection is
also offered.
English / Spanish /Kerean/Chinese(Mandarin/
Sinpchen/Compchen)
Mt. San Antonio College
(909) 987 -8222
LAC Provider No. 033
Offers the NAI Examination
English
Long Beach City College
Nancy Berkoff, R.D., Ed.D.
(310) 514 -5837
1AC Provider No. 038
Offers ServSsfe@ Course
English
Los Angeles City College
Glenda Proby -Stith
323- 953 -4234
LAC Provider No. 059
Offers Serv$afcO Course
English
Organizations and Private Companies
AAA Food Handler Training School Act Now Training
Toll Free 877 - AAA -FHTS (949) 823 -2324
LAC Provider No 035 LAC Provider No. 021
Offers ServSafe@ Course/NAI/Chauncey Offers ServSafe@ Course/NA1 Exam
Group
(818)503 - 5951;(818)503 -1123 FAX
English, Korean, Chinese, Spanish
Aardvark Safety & Sanitation Specialists
(626) 796 -7437 or (714) 766-0503
LAC Provider No 012
Offers ServSafe® Course
English. Spanish
M
E -mail: actnowtrng @aol.com
English/Spanish/Korean
American Food Safety Institute
(800) 723 -3873
LAC Provider No. 001
Offers NAIEaam/ServSafe@ Course
English/Spanish/Chmese
038
, W-j
OCT -13 -98 11:21 FROM:
American Red Cross
800 -627 -7000
LAC Provider No. 046
Offers ServSafe@ Course
En fish, Spanish
Byong W. Yoo & Associates
(800) 676 -3121
LAC Provider No. 024
Offers Se1vS afe114 Course/NAI Exam
Korean, English
Cahtomra Food Safety Center
(310) 775 -9915
LAC Provider No. 008
Offers Home Study Course for NAT Exam
English/Spanish/Koman
California Restaurant Association
(213) 384 -1200 (213) 384 -1623 FAX
LAC Provider No. 006
Offers ServSafe@ Course
E -mail: Jludd @LA.craoffice.org
W4 Site: www_Calrest.ore
sh/Spanish
California Safety Exams
(760) 245 -4101 (760) 243 -1571 FAX
LAC Provider No. 048
Offers ServSafeO Course
English
Cara Rice & Associates
(310) 832 -4191
LAC Provider No. 034
Offers NAl/Cbauncey Group
(310) 325 -9336 FAX
E -mail: FaceRice@aol corn
Web site-
http://www.members.aol.ggnihabletiW—tndex.
ht ml
Enghsh/Spanish
Cattlryn Watson
('310) 379 -8992
LAC Provider No. 044
Offers ServSafe® Course
English
� r- •c
Califorz a Food Handler School �.+.... `•` ��
(818)54trr1454
LAC Provider No. 042
Offers NAT Course
Korean, English, Spanish, Chinese
Continuing Food & Beverage Education
P.O Box 83448, Phoenrx, AZ 85071 -3448
LAC Provider No. 003
Offers SavSafe@ Course in English
Consulting Nutritional Services, Inc
CNS/FOODSAFE
(818) 880 -6774
LAC Provider Na 010
Offers ServSafe@ CourwJNAI Course Exam
Also Offers HACCP Traming/Certlficadon
E-mail: CNSRD44 @aol.com
Web site: h;((www foodsafe.com
English/Spanish/Chmese
Dynasty School
(800)888 -8827
LAC Provider No. 023
Offers NAT Course/Exam
Mandarin, Cantonese
Family Health Services Training Center
Foodhandler Education And Safety Program
(FEAST)
(800) 2942192
LAC Provider No. 005
Offers NAI Exam and Course/ProviderExam
English/Spanish/Japanese
Gary Wang & Associates
aka Preparadores de Comida de California
(626) 288 -6898
Provider No. 043
Offers the NAT Course/Exam
English, Mandarin, Cantonese, Spanish
Hospitality Consultants of America
(800)953 -3822
LAC Provider No 004
OffersFood Safety A to Z Course with NAI
or ServSafe@ Exam
English/ Chinese /Korean/CmwnesdmwxWW
Japanese/Vietnamese
tl
f8
OCT -13 -98 11:21 FROM: TO:3103224167 PAGE:004eM5
Jeffrey Nelken dt Associates
(818) 703 -7147
LAC provider No:015
Offers ServSafe® Course and NAI Exam
E -mail: JeffnelQearthlink.net
UCLA Extension (8 Wks x 3 ha)
Edison CTAC
English/Spanish/Korean
Long and Manos
(8 IS) 241.-8915
Provider No. 020
Offers ServSafe4D Course
(888) 577 -6243 Toll Frye
English/Spawsh
NutnFit LLC
80(341 -4190
� AC Provider No. 050
Offers NAI Course and ServSafe@ Course
English
Precision Sanitation Technologies
(800) 408 -2253
LAC Provider No. 039
Offers PTI Course or ServSafcO Course
English
Safe -At- The -Plate
(888) 804 -7233 Toll Free
LAC Provider No. 009
Joyce Wilkins
Offers NAI Exam with Safe -at- the -Plate
Course. Provider Exam also available
English/Spamsh
San Diego Health and Nutnuonal Services
(61Q)470 -3859
(619) 470 -3822 FAX
LAC Provider No. 017
Karen Ezmj
Offers SmSafe® Course or NAI Course
English/Spanish
Joyce Solis
909- 941 -7402
LAC Provider No 026
Offers ServSafcO Course
English
WesterriMterminator Company
(800)698-2440
LAC Provider No. 014
Offers ServSafe4D Course
English/Spanish AMandannNietnamese
Yoshmoya West, Inc.
(310) 217 -2106; (310) 217 -2131 FAX
LAC Provider No. 029
Offers ServSafe®
American Correctional Food Service Assn.
(909)463 -5002
LAC Provider No. 054
Offers ServSafe® Course
Jewish Family Service of Los Angeles
(323) 937 -5843
LAC Provider No. 53
Offers ServSafe4il Course
ProACTiVE Food Safety Consultants
(626) 961 -1493
LAC Provider No. 060
Offers ServSafeV Course
Thaw
United Chinese Restaurant Association
(323) 913 -1856
LAC Provider No. 047
Offers the NAI Exam
M I E
OCT -13 -98 11:22 FROM:
1
70:3103224167 PAGE: OWeO 5
s _
Note: The dos Angeles County Food Certification Program may accept current food managef'" d 'e'"""""
certificates on a raaprocal bases from other counties. Those applicants interested to obtaining
the Los Angeles County Certification must submit an approved Food Handlers Certification
Application provided by Los Angeles County, a valid identification, and a copy of their current
Food Manager Certification .
Please be advised that Los Angeles County is in ao way responsible for the services offered
by the above referenced providers. Should you wish to make a complaint regarding any of
the above providers please call (213) 891 -4027 or 4117.
Fo5a llsting of closures and the grade/score of all food establishments look rep our web site
at www.
dhs eo.laxatus
ti
041
Oct as Be 04:59P D.E.S. Administration (3231 415 -0863 P•2
COUNTY OF LOS ANGELES 4 DEPARTMENT OF HEALTH SERVICES
PUBLIC HEALTH PROGRAMS AND SERVICES
ENVIRONMENTAL HEALTH
=5 Corporate Place, Rm.150, Monterey Park 91754
ADVISORY BULLETIN
OWNER INITIATED INSPECTION
RETAIL FOOD ESTABLISHMENTS
The County of Los Angeles, Department of Health Services now requires an inspection result
grade /score card to be posted in your food establishment. The grade /score card must remain
posted until changed by an inspector following the next routine inspection.
Effective August 15, 1998, if the owner /operator is not satisfied with the original grade /score
received following a routine inspection the owner /operator may request a new inspection.
This process is called an Owner Initiated Inspection. The requested Owner Initiated
Inspection may result in a new grade /score card. This Owner Initiated Inspection can be
accomplished by doing the following:
1) Contact your district Environmental Health office by no later than the next business day
following a routine inspection and request an Owner Initiated Inspection. if your
establishment was ordered closed (suspended permit), this request must be made by no
later than the end of the following business day after re- opening.
2) Visit your district Environmental Health office and pay $161.00, Payment must be
received before an Owner Initiated Inspection can be made. Failure to pay the required
fee within 10 calendar days of the request will invalidate the request. Checks should be
m9de payable to the Department of Health Services.
i
3) Within 10 calendar days of your request for an Owner Initiated Inspection, an
unannounced inspection will be conducted by an inspector. Depending on the results of
the inspection, a new grade /score card may be issued.
(OTHER IMPORTANT INFORMATION
An owner may only request an owner initiated inspection once in a 12 month period (Section
I-ACC 8.04.339).
1
Whhin 60 days after the owner initiated inspection, the inspector will conduct another
unannounced inspection of your facility to ensure proper maintenance. This inspection will
�esult in the issuance of a grade /score card.
, lIways refer to your inspection report form for the location and telephone number of your
flistrict Environmental Health office.
Contact your district Environmental Health office for more Information.
For a listing of closures and the grade /score of all food establishments, visit our web she at
ti WWW.DHS.CO.LA.CA.US
e: 042
V ww'
Antos OCT- 131998 14:13 DEBRA Dsllwww. .Ott.AH0268]C MVER7nll bWAR"
AB 268 Retail food facilities. f,w,,,",,.,,,.
BILL. NUMBER: AB 268 CHAPTERED 08/04197
CHAPTER 224
FILED WITH SECRETARY OF STATE AUGUST 4, 1997
APPROVED BY GOVERNOR AUGUST 4, 1997
PASSED THE SENATE JULY 18, 1997
PASSED THE ASSEMBLY JUNE 4, 1997
AMENDED IN ASSEMBLY MAY 12,1997
AMENDED IN ASSEMBLY APRIL 16,1997
INTRODUCED BY Assembly Member Campbell
FEBRUARY 13,1997
An act to amend Sections 113803,113813,113865 ,114020,114145,114265,114360, and 114380 of,
to amend the heading of Article I I (commencing with Section 114250) of Chapter 4 of Part 7 of
Division 104 of, and to amend and renumber Section 113732 of, the HealthSafety Code, relating to
retail fdod facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 268, Campbell. Retail food facilities.
Existing law, the California Uniform Retail Food Facilities Law, establishes sanitation standards for
retail food facilities and requires local agencies to enforce its provisions. Existing law makes violation of
these provisions a crime. Existing law requires that these provisions be enforced by the State Department
of Health Services and primarily by local health agencies.
Existing law, with certain exceptions, requires each food establishment to be fully enclosed.
This bill would, during operating lours, exclude from this enclosure requitement operations for
customer self-service of nonpotentrally hazardous bulk beverage dispensing that meet prescribed
requirements.
By increasing the enforcement duties of local health agencies, this bill would impose a stage- mandated
local program.
This bill would make other changes of a technical, nonsubstaotive nature
The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement
This bill would provide that no reimbursement is required by this act for a specified reason.
SECTION 1. Section 113732 of the Health and Safety Code, as added by Section 321.5 of Chapter 1023
of the Statutes of 1996, is amended and renumbered to read
113733. (a) All animal byproducts and inedible kitchen grease disposed of by any food facility, except
restaurants, shall be transported by a renderer licensed under Section 19300 of the Food and Agricultural
Code, or a registered transporter of inedible kitchen grease, licensed under Section 19310 of the Food
and Agricultural Code. Nothing in this section prevents a food facility from transporting its own animal
byproducts in its own vehicles to a central collection point For the purposes of this section, inedible
lntchen grease does not include grease recovered from an interceptor.
I of 7 043 10/13198 1:59 tMt
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(b) "Restaurant," as used in this section, means any coffccahop, cafeteria, ahem -order cafe, luncheonette,
tavern, cocktail lounge, sandwich stands soda f�oLunt�aiyn,�p`rivote sate�d (raa���n�}r�bGc�sc�ho�oll �cafeteriaf for
establishment, l�plant or employee eating establishment, studio, dinnelhouse, delicate$ ° "1r�wwr,r/�rW
commissary. hotel or motel food service operation, and any other eating establishment, organization,
club, inclu&ag veterans' club, boardinghouse, guesthouse, or political subdivision, that gives, sells, or
offers for sale, food to the public, guests, patrons, or employees, as well as kitchens in which food is
prepared on the premises for serving elsewhere, including catering functions.
SEC. 2. Section 113803 of the Health and Safety Code is amended to read:
113803. "Hermetically sealed container" means a container that is designed and intended to be secure
against the entry of micro - organisms and, in the case of low -acid canned foods, to maintain the
commeft�ial sterility of its contents after processing.
N_/
SEC. 3. Section 113813 of the Health and Safety Code is amended to read:
113813. "in��'eeceted" means manipulating a meat so that infectious or toxigenic micro -orpu isms may be
introduced ftnm its surface to its interior through tenderizing with deep penetration or injecting the meat
with, for example, juices, that may be referred to as "injecW "pig." or "stitnd pumping."
SEC. 4. Section 113865 of the Health and Safety Code is amended to read:
113865. " Remodel" means construction, building, or repair to the food facility that requires a permit
from the local building authority. For purposes of Article I I (commencing with Section 114250), Article
12 (commencing with Section 114285), and Article 17 (commencing with Section 114358), remodel
means any replacement or significant modification of an integral piece of equipment
SEC. 5. Section 114020 of the Health and Safety Code is amended to read:
114020. (a) No employee shall commit any act that may result in the contamination or adulteration of
food, food contact surfaces, or utensils.
(b) All employes preparing, serving, or handling food or utensils shall wear clean, washable outer
garments, or other clean uniforms. All employees shall wear baitnets, caps, or other suitable coverings to
confine all hair when required to prevent the contamination of food, equipment, or utensils.
(c) A41 employees shall thoroughly wash their hands and arms by vigorously rubbing than with cleanser
and warm water, paying particular attention to areas between the fingers and around and under the nails,
rinsing with clean water. Employees shall wash their hands:
(1) Imrnediatcly before engaging in food preparation, including working with unpackaged food, clean
equipment and utensils, and unwrapped "e- service food containers and utensils.
(2) Before dispensing or serving food or handling clean tableware and serving utensils in the food
service area.
(3) As often as necessary, during food preparation, to remove soil and contamination and to prevent
cross - contamination when changing tasks.
(4) When switching between working with raw foods and working with ready - to-eat foods.
(5) After touching bare human body parts other than clean hands and clean, exposed portions of arms.
(6) After using the toilet mom.
(7) After caring for or handling any animal allowed in a food facility pursuant to Section 114045.
2 0f 7 10/13/96 1:58 PM
044
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3of7
8( ) A& coughing, sneezing, using a hanacrehiefor disposable tissue, using tobacco, eating, or
drinking
(9) After handling soiled equipment or utensils.
(I O), r engaging in any other activities that contaminate the hands.
(d) No employee shall expectorate or use tobacco in any form in any area where food is prepared,
served, or stored, or where utensils are cleaned or stored.
:ej Employees serving ready- to-eat foods shall use gloves, tongs, or other implements to place food on
leware or In other contaiom.
(f) Gloves shall be worn when contacting food and food contact surfaces if the employee has any cuts,
sons, rashes, lartificial mils, nail polish, rings (other then a plain ring, such as a weddhig band),
uncles able orthopedic support devices, or 13nger nails that are not clean, neatly trimmed, and smooth.
(g) Whenever gloves are worn, they shall be changed, replaced, or washed as often as handwashing is - - --
required in subdivision (c). When single -use gloves are used, they shall be replaced after removal.
SEC. 6. Section 114145 of the Health and Safety Code is amended to read:
114145. (a) Each food establishment, except produce stands and swap meet prepw1aged food stands,
shall be fully enclosed in a building consisting of floors, walls, and an overhead structure that meet the
minimum standards prescribed by this chapter. Food establishments that are not fully enclosed on all
sides and that are in operation on January 1, 1985, shall not be required to meet the requirement for a
My enclosed structure punmant to this section.
T Osection shall not be construed to the enclosure of dining areas or open-air barbecue
facilities, or outdoor displays that meet the ollowing requirements:
(lr Floor direpacsed nonpotentially hazardous food, uncut produce, or both is displayed or sold in the
o
(2) Outdoor displays are contiguous with a fully enclosed food establishment that is in compliance with
subdivision (a).
(3) Outdoor displays have overhead protection that extends over all food items.
(4) Food items from the outdoor display are shored inside a fully enclosed food establishment that is in
compliance with subdivision (a) at all times other than during business hours. Any food items to be
stored pursuant to this subdivision shall be stored in accordance with subdivision (a) of Section 114080.
(5) Outdoor displays comply with Section 114010 and have been approved by the enforcement agency.
(6) Outdoor displays are under the constant and complete control of the operator of the permitted food
establishment.
(c) This section shall not be construed to require the enclosure during operating hours of customer
self - service nonpotentially hazardous bulk beverage dispensing operations that meet the following
requirements:
(1) Tt1e Ispensing operations are installed contiguous with a fully enclosed food establishment that is in
compliance with subdivision (a) and operated by the food establishment
(2) The beverages are dispensed from enclosed equipment that precludes exposure of the beverages until
they are dispensed at the nozzles.
045
10/13/98 1.58 PM
OU -1 `► 1998 14:14 DEBRR BObEN D.O. 3105234972 ` P.M/11 '
nesw 1doJMMwjmmL owfaobOha- lam. ..00.A80261jCURRVEXTXPUb0UAB268
4of7
Ice is dispensed only from an ice maker- dispenser. Ice is not scooped or manually loaded i�o atrimmom
.sp (4) Single- service utensils are protected from contamination and ate individually wrapped or dispensed
from approved sanitary dispensers.
((5 The dispensing operations have overhead protection that fully extends over all equipment associated
(6) During nonop hours the dispensing operations are flrlly enclosed so as to be protected from
contamination by vermin and exposure to the elements.
(7) The owner or operator of the food establishment demonstrates to the enforcement agency that
acceptable mtxhods are in place to properly clean and sanitize the beverage dispensing equipment
(8) Beverage dispensing operations are in compliance with Section 114010 and have been approved by
the enforcement agency.
(9) Beverage dispensing operations are under the constant and complete control of the permitholder of
the 11"cstablishments who is operating the dispensing facility.
(d) This section shall not be construed to allow outdoor displays in violation of local ordinances.
SEC. 7. The heading of Article 11 (commencing with Section 114250) of Chapter 4 of Part 7 of Division
104 of the Health and Safety Code is amended to read:
Article 11. Mobile Food Facilities
SEC. 8. Section 114265 of the Health and Safety Code is amended to read:
114265. (a) The name, address, and telephone number of the owner, operator, permittee, business name,
or commissary shalt be legible, clearly visible, and pPermanently indicated on at least two aides of the
exterior of the mobile food facility. The name shall be m letters at least 8 centimeters (3 inches) high and
shall have strokes at least 1 centimeter (US inch) wide, and shall be of a color contrasting with the
mobile food facility exterior. Letters and numbers for address and telephone numbers shall not be leas
than 2.5 centimeters (one inch) high.
(b) Mobile food facility equipment, including, but not limited to, the interior of cabinet units and
compartments, shall be designed so as to, and made of materials that, result in smooth, readily
accessible, and easily cleanable surfaces. Unfinished wooden surfaces are prohibited. Construction joints
shall be tightly fitted and scaled so as to be easily cleanable.
Equipmjr and utensils shall be constructed of durable, nontoxic materials and shall be easily cleanable.
(c) During operation, no food intended for retail shall be conveyed, held, stored, displayed, or served
from any place other than a mobile food facility except for the restocking of product in a manner
approved by the enforcement agency.
(d) Notwithstanding subdivision (k), food products remaining after each day's operation shall be stored
only in an approved commissary or other approved facility.
(e) During transportation, storage, and operation of a mobile food facility, food, food contact surfaces,
and utensils shall be protected from contamination. Single- service utensils shall be individually
or in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handfad
in a sanitary manner, and used only once. Food contact surfaces and utensils shall be cleaned and
sanitized in accordance with subdivisions (i), 0), and (k) of Section 114090.
046
10113198 1.58 PM
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(f) All food displayed, sold, or offbrc4 for male from a mobile food facility shall be obtained from an
approved source. 14
(g) Food condiments shall be protected from contamination and, where available for customer
self - service, be prepackaged or available only from approved dispensing devices.
(h) Mobile food facilities shall be operated within 60 meters (200 feet) of approved and readily available
toilet and hand washing facilities or as otherwise approved by the enforcement agency to ensure
restroom facilities are available to facility employees.
(i) All mobile food facilities shall operate out of a commissary or other approved facility. Mobile food
6urliti shall report to the commissary or other approved facility at least once each operating day for
clear(in and servicing operations. Mobile food fiacllides shall be properly stored, cleaned, and serviced
at. or within, a commissary or other facility as approved by the enforcement agency so as to provide
protection from unsanitary conditions.
(j) Potentially hazardous food shall be maintained at or below 5 degrees Celsius (41 dqp= Fahrenheit)
or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times in accordance with Section
113995.
(k) Potentially hazardous food held at or above 60 degrees Celsius (140 degrees Fahrenheit) on a mobile
food facility shall be destroyed at the end of the operating day.
(1) All waste water from a mobile food facility shall be drained to an approved waste water receptor at
the commissary or other approved facility.
(m) All new and replacement gas -fined appliances shall meet applicable American Oas Association
standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory
standards.
(n) Balk beverage dispensers shall only be filled at the commissary or other facility approved bj� the
enf i cement agency unless a band washing sink as described in paragraph (1) of subdivision (p) is
provided
(o) Where nonprepackaged food is handled for display or sale, the mobile food facility shall be equipped
with a food compartment that completely encloses all food, food contact surfaces, and the handling of
read}-to-eat food The opening to the food compartment shall be sized as appropriate to the food
handling activity without compromising the intended protection from contamination, and shall be
provided with tight - fitting doors that, when closed, protect into= surfaces from dust, debris, insects,
and other vermin.
(p) Mobile food facilities, not under a valid public health permit as of January 1, 1997, on which
nonprepeckaged ready-to -eat food is sold or offered for sale shall be constructed and equipped in
compliance with all of the following:
(1) A minimum of a one-compartment metal sink, hand washing cleanser and single- service towels in
approved dispensers shall be provided. The sink shall be famished with hot runnin g water that is at least
49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is lass than 38 degrees Celsius
(101 degrees Fahrenheit) through a mixing -type faucet that permits both hands to be free for washing.
The sink shall be large enough to accommodate the largest utensils washed. The sink, hand washing
cleanser, and single- service towels shall be located as to be easily accessible and unobstructed for use by
the operator in the working area. The minimum water heater capacity shall be one -half gallon.
(2) The potable water tank and delivery system shall be constructed of approved materials, provide
Protection from contamination, and shall be of a capacity commensurate with the level of food handling
activity on the mobile food facility. The capacity of the system shall be sufficient to furnish enough hot
5of7 t tin
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10113/98 1.59 PM
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and cold water for the following: steam table, utensil washing and sanitizing, hand washing, find
equi meat cleaning. At least 18 liters (5 gallons) of water shall be provided excluslvely for hand
washing.
washing. Any water needed for other ses shall be in additidilo the 18 liters (5 gallons) for hand
^�`ng.
(3) (i)171e waste water tank or tanks shall have a minimum capacity that is 50 percent greater than the
potaHle'water tank or tanks supplying the hand and utensil washing sink. In no case shall this waste
water capacity be less than 28 liters (7.5 gallons).
(ii) Mobile food facilities utilizing ice in the storage, display, or service of food or beverages shall
provide an additional minimum waste water holding tank capacity equal to one -third of the volume of
the ice cabinet to accommodate the drainage of ice melt.
(iii) Mobile food facilities equipped with a tank supplying product water for the preparation of a food or
beverage shall provide an additional waste water took capacity equal to at least 15 percent of this water
supply-
(iv) Additional waste water tank capacity may be required when waste water production or spillage is
likely to occur.
(v) Any connection to a waste water tank shall preclude the possibility of contaminating any food, food
contact surface, or utensil.
(4) A mobile food facility's potable water tank inlet shall be provided with a connection of a size and
type that will prevent its use for any other service and shall be constructed so that bacldlow and other
contamination of the water is prevented. Hoses used to fill potable water tanks shall be made of
food grade materials and m a sanitary manner.
(5) MoNe food faeilitics limited to the portioning and dispensing of nonprcpackaged, nonpotentially
hazardous food are exempt from the hand washing and utensil washing sink requirements of this
subdivision if there is an approved supply of gloves or utensils, or both, on the facility that preclude any
hand contact with the food products being dispensed This exemption does not extend to the scooping of
ice.
6 of 7
(q) Mobile food facilities scUing urpackaged frozen ice cream bars or holding cream, milk, or similar
dairy products pursuant to Section 114270 shall be equipped with refrigeration unfits as described in
Section 113860.
(r) Operators of mobile food facilities nonprepsc3raged food shall develop and follow written
operational procedures for food handli agg and cleaning and sanitizing of food contact surfaces and
utensils. The enforcement agency shall review and approve the procedures prior to implementation and
an approved copy shall be kept on the mobile food facility during periods of operation.
(s) All potentially hazardous food shall be prepackaged in an approved food facility except as provided
in Sections 114260 and 114270.
SEC. 9. Section 114360 of the Health and Safety Code is amended to read:
114360. Under the controls and conditions specified in this article, a satellite food distribution facility as
defined in subdivision (b) of Section 113880 may do any of the following:
(a) Hold, portion, and dispense any foods that are prepared or prepackaged by the onsite food
establishment or prepackaged by another approved source.
(b Prepare foods other than potentially hazardous foods, remove the packaging of foods described in
'vision (a), prepare hot dogs, and coat ice cream bars with chocolate and nuts, if all food preparation
and handling is within a compartment complying with subdivision (o) of Section 114265.
(
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(e) Add ss o fw condiments, sauces, ompmpan�iments pottatially� to foods at
foods the time of sale,, ,ww w «w,,Hr.wM.
regardless of whether the acco are
(d) Bake potatoes in enclosed ovens.
SEC. 10. Section 114380 of the Health and Safety Code is amended to read:
1 14380. Notwithstanding Section 114021, restricted food service transient occupancy establishments
shall not be required to post signs in toilet rooms in gucshnoms.
SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article 3i M of the
California Constitution bees= a local agency or school district has the authority to levy service
charges, fees assessments sufficient to pay for the pro or level of service mandated by this act,
within the meaning of Section 17556 of the Goverment Code.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of
this act shall become operative on the same date that the act takes effect pursuant to the California - - --
Constitution.
SA te Home P e ®Search Bill Text
Senate Riles Committee /California State Senate/ WebMaster©sen.cagav
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HILL ANALYSIS „
SENATE RULES COMMITTEE AS 268
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445 -6614 Fax: (916) 327 -4478
\ -/ 4 THIRD READING
Hill No: AS 268
Author: Campbell (R)
Amended: 5/12/97 in Assembly
Vote: 21
SENATE HEALTH 6 HUMAN SERV. CO44ITTEE 1 7 -0, 712197
AYES: Watson, Haynes, Hughes, Mountjoy, Polanco, Solis,
Thompson
NOT VOTING: Vasconcellos, Maddy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78 -0, 6/3/97 (Consent)
SUBJECT Retail food stores
SOURCE�.. California Retail Food Facility Law Review
ComV , a
California Retailers Association
DIGEST : This bill:
1. Exempts from the California Uniform Retail Food and
Facilities Law (CURFFL) a self - service bulk beverage
dispensing operation that meets specified requirements;
and
2. Makes technical changes to current law.
ANALYSIS : Existing law requires, with certain
exceptions, each food establishment to be fully enclosed in
a building consisting of floors, walls, and an overhead
structure that meets minimum standards.
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This measure exempts from that requirement a customer
self - service nonpotentially hdiardous bulk beverage
dispensing operation that meets certain requirements. This
would permit customer self- service beverage vending in open
areas subject to nine restrictions, as requested by local
healt officials. An example of these dispensers would be
the ae f- service beverage dispensers along the outside wall
of - �riceClub or Costco.
Those restrictions include the following requirements:
1. The dispensing operations are installed contiguous with
a fully enclosed food establishment;
2. The beverages are dispensed from enclosed equipment
that prevents exposure of the beverages until they are
dispensed at the nozzles)
3. Ice is dispensed only from an ice maker - dispenser and
is not scooped or manually loaded into an ice dispenser
out of doors;
4. Single- service utensils are protected from
contamination and are individually wrapped or dispensed
from approved sanitary dispensers;
5. The dispensing operations have overhead protection that
fully extend over all equipment associated with the
facility;
6. During operation hours, the dispensing operations are
fully enclosed so as to be protected from contamination
by vA)rmin and exposure to the elements;
N_i
7. Acceptance methods are in place to properly clean and
sanitize the equipment.
8. Beverage dispensing operations are in compliance with
specified provisions of law and have been approved by the
enforcement agency; and
9. Beverage dispensing operations are under the constant
and complete control of the permitholder of the food
establishment who is operating the dispensing facility.
According to the Senate Health and Human Services Committee
analysis, the Federal Food and Drug Administration (FDA)
produced a Model Food Code in 1993 that was recently
updated and released. This bill is intended to ensure that
California law reflects the latest knowledge in food
safety, and to secure uniformity in state law to the extent
feasible. According to the author's office, the CURFFL
Review Committee is the sponsor of this bill.
FISCAL gE.CT Appropriation: No Fiscal Cum.: Yes
Locate Yes —
SUPPORT : (Verified 7/15197)
20f3 10/13/98 1:58 PM
051
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mlp AVWWAn.CL WMbmica-*bL..65JN 'uwarxt;l/AWJy$Wlw►ysm
ti
California Uniform Retail Food Facility Law (CURFFL) Review
Committee (co- source) „ , „ „
California Retailers Association (co- source)
California Hotel and Motel Association
California Grocers Association
California Restaurant Association
ARGUMENTS IN SUPPORT : The California Retailers
Association (CRA) indicates that this is the third bill in
three years sponsored by the CURFFL Review Committee, and
that each bill is a consensus bill among all parties,
including industry, the Department of Health Services, and
local health officers. CRA further states that this bill
continues the 'clean up" of the state's food laws to
reflect the new federal Food Code.
CP:cm 7/15/97 Senate Floor Analyses
SUPPORT /OPPOSITION: SEE ABOVE
* * ** END ** ** - —
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AB1978
AB 1978 Retail food facilities.
BILL NUMBER: AB 1978 CHAPTERED 09/22/98
CHAPTER 720
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 1998
APPROVED BY GOVERNOR SEPTEMBER 21, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 27, 1998
AMENDED IN SENATE AUGUST 24, 1998
AMENDED IN SENATE JULY 28, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 17, 1998
AMENDED IN ASSEMBLY MARCH 25, 1998
INTRODUCED BY Assembly Member Campbell
FEBRUARY 17, 1998
Page 1 of 19
An act to amend Sections 113715, 113870, 113895, 114020, 114065, and 114350
of, to add Sections 113716 and 113823 to, to add Chapter 13.5 (commencing with
Section 114332) to, and to repeal and add Article 13 (commencing with Section
114310) of, Part 7 of Division 104 of, the Health and Safety Code, relating to
environmental health, and making an appropriation therefor
LEGISLATIVE COUNSEL'S DIGEST
AB 1978, Campbell Retail food facilities
Existing law, the California Uniform Retail Food Facilities Law, provides for the
regulation of retail food facilities, including health and safety standards. Under
existing law, a violation of any of these provisions is punishable as a nusdemeanor
Existing law requires employees of food facilities to comply with specified
procedures with respect to the preparation, serving, and handling of food or utensils,
and requires all new and replacement food - related and utensil - related equipment to
meet approved applicable sanitation standards
This bill would revise procedures with respect to the serving of ready -to -eat foods
and sanitation standards for food - related and utensil- related equipment.
The bill, among other things, would also require specified food facilities, on or
before January 1, 2000, to have an owner or employee who has successfully passed
an approved and accredited food safety certification examination, and would specify
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AB1978 Page 2 of 19
the elements of knowledge required for such an examination.
This bill would require enforcement agencies to notify all permitted food facilities,
on or before March 1, 1999, of the new legal requirements imposed by this bill. The
imposition of this new requirement on local enforcement agencies would create a
state - mandated local program. It would also repeal and recast sanitation provisions
governing temporary food facilities, and would, among other things, require that a
person or organization that is in control of any community event, as defined, in
which one or more temporary food facilities operates, obtain a permit for that event.
The bill would establish separate sanitation provisions for nonprofit charitable
temporary food facilities, as defined, and would require each local enforcement
agency to annually report to the State Department of Health Services regarding the
adequacy of the standards applied by these provisions to any nonprofit charitable
temporary food facilities operating within its jurisdiction, and would require the
department to review these reports and confer with the California Conference of
Directors of Environmental Health and with affected industry groups. The imposition
of this new requirement on local enforcement agencies would create a
state - mandated local program
The bill, in addition, would require the State Department of Health Services, in
consultation with various organizations and interested parties, to develop regulations
regarding food safety certification examinations, and would appropriate $100,000
from the General Fund to the department for this purpose.
Since a violation of the provisions applicable to retail food facilities is a crime, this
bill would impose a state- mandated local program.
The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no reimbursement is
required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission
on State Mandates determines that the bill contains costs so mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory provisions
noted above.
Appropriation: yes.
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SECTION 1. Section 113715 of the Health and Safety Code is amended to read.
113715 Nothing in this chapter shall prolubit a local governing body from adopting
an evaluation or grading system for food facilities, from prohibiting any type of food
facility, from adopting an employee health certification program, or from regulating
the provision of patron toilet and hand washing facilities_
SEC. 2. Section 113716 is added to the Health and Safety Code, to read:
113716. (a) (1) On or before January 1, 2000, each food facility shall have an owner
or employee who has successfully passed an approved and accredited food safety
certification examination For purposes of this section, multiple contiguous food
facilities permitted within the same site and under the same management, ownership,
or control shall be deemed to be one food facility, notwithstanding the fact that the
food facilities may operate under separate permits.
(2) The Legislature finds and declares that the certification required by this section
may impose hardship on the owners and operators of smaller food facilities and,
therefore, to the extent that a person who is seeking certification pursuant to this
section requires training in order to successfully pass an approved and accredited
food safety certification examination, this training shall be designed and provided in
as flexible a manner as possible. To that end, the Legislature further finds and
declares that this training may include, but need not be limited to, classroom
training, home study programs, and computer - assisted training.
(b) On and after January 1, 2000, a food facility that commences operation, changes
ownership, or no longer has a certified owner or employee pursuant to this section
shall have 60 days to comply with subdivision (a).
(c) There shall be at least one certified owner or employee at each food facility No
certified person at a food facility for purposes of subdivision (a) may serve at any
other food facility as the person required to be certified pursuant to this section. The
certified owner or employee need not be present at the food facility dunng all hours
of operation.
(d) The responsibilities of a certified owner or employee at a food facility shall
include the safety of food preparation and service, including ensuring that all
employees who handle, or have responsibility for handling, unpackaged foods of any
kind, have sufficient knowledge to ensure the safe preparation or service of the food,
or both. The nature and extent of the knowledge that each employee is required to
have may be tailored, as appropriate, to the employee's duties related to food safety
issues.
(e) The food safety certificate issued pursuant to this section shall be retained on file
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Page 4 of 19
at the food facility at all times, and shall be made available for inspection by the
health enforcement officer
(f) The issuance date for each original certificate issued pursuant to this section shall
be the date when the individual successfully completes the examination A certificate
shall expire three years from the date of original issuance Any replacement or
duplicate certificate shall have as its expiration date the same expiration date that
was on the original certificate.
(g) Certified individuals shall be recertified every three years by passing an
approved and accredited food safety certification examination.
(h) On or before March 1, 1999, enforcement agencies shall notify all permitted food
facilities subject to this section of the new legal obligation imposed by this section
and provide to them the names and contact addresses for all approved and
accredited food safety certification examinations.
(i) The food safety certification examination shall include, but need not be limited to,
the following elements of knowledge
(1) Foodborne illness, including terms associated with foodbome illness,
microorganisms, hepatitis A, and toxms that can contaminate food and the illness
that can be associated with contamination, definition and recognition of potentially
hazardous foods, chemical, biological, and physical contamination of food, and the
illnesses that can be associated with food contamination, and mayor contributing
factors for foodbome illness
(2) The relationship between time and temperature with respect to foodbome illness,
including the relationship between time and temperature and microorganisms during
the various food handling, preparation, and serving states, and the type, calibration,
and use of thermometers in monitoring food temperatures.
(3) The relationship between personal hygiene and food safety, including the
association of hand contact, personal habits and behaviors, and food worker health
to foodbome illness, and the recognition of how policies, procedures, and
management contribute to improved food safety practices.
(4) Methods of preventing food contamination in all stages of food handling,
including terms associated with contamination and potential hazards prior to, during,
and after delivery
(5) Procedures for cleaning and sanitizing equipment and utensils
(6) Problems and potential solutions associated with facility and equipment design,
layout, and construction.
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(7) Problems and potential solutions associated with temperature control, preventing
cross- contamination, housekeeping, and maintenance
(j) (1) Except as otherwise provided in paragraph (2), the following food safety
certification examinations shall be deemed to be approved and accredited for
purposes of this section:
(A) The ServSafe Serving Safe Food Certification Examination.
(B) The Chauncey Group International Food Protection Certification Examination.
(C) The National Assessment Institute's Certified Professional Food Manager
Examination.
(D) Professional Testing, Inc
(E) Dietary Managers' Association
(2) (A) On or before January 1, 2000, the department, in consultation with the
California Conference of Directors of Environmental Health (CCDEH), the
Conference for Food Protection, representatives of the retail food industry, and other
interested parties, shall develop regulations to approve and accredit additional
equivalent food safety certification examinations and to disapprove and eliminate
accreditation of food safety certification examinations.
(B) Commencing January 1, 1999, at least one of the accredited statewide food
safety certification exammations shall cost no more than sixty dollars ($60),
including the certificate However, commencing January 1, 2000, the department
may adjust the cost of food safety certification examinations to reflect actual
expenses incurred in producing and administering the food safety certification
examinations required under this section. If a food safety certification examination is
not available at the price established by the department, the certification and
recertification requirements relative to food safety certification examinations
imposed by this section shall not apply.
(k) (1) For purposes of this section, a food facility includes only the following.
(A) A food establishment, as defined in Section 113780, at which unpackaged foods
are prepared, handled, or served.
(B) A mobile food preparation unit, as defined in Section 113815
(C) A stationary mobile food preparation unit, as defined in Section 113890
(D) A commissary, as defined in Section 113750
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(2) Notwithstanding paragraph (1), this section shall not apply to the premises of a
licensed winegrower or brandy manufacturer utilized for winetastings conducted
pursuant to Section 23356 1 of the Business and Professions Code of wine or brandy
produced or bottled by, or produced and packaged for, that licensee.
(3) Notwithstanding paragraph (1), this section shall not apply to a food facility
operated by a school district, county office of education, or community college
district if the district or office elects to be regulated by the food safety program of
the city, county, or city and county in which the school district, county office of
education, or community college district is located
0) For purposes of this section, the following definitions apply-
(1) "Food safety program" means any city, county, or city and county program that
requires, at a minimum, either of the following-
(A) The training of one or more individuals, whether denominated as 'owners,"
"managers," "handlers," or otherwise, relating in any manner to food safety issues.
(B) Individuals to pass a food safety certification examination
(2) "Food handler program" means any city, county, or city and county program that
requires that all or a substantial portion of the employees of a food facility who are
involved in the preparation, storage, service, or handling of food products, engage in
food safety training or pass a food safety certification examination, or both -7--
(m) (1) Any provisions of a food safety program in effect prior to January 1. 1999,
that require training or a certification examination, or both, shall be deemed to
satisfy the requirements of this chapter until January 1, 2001, at which time these
provisions shall fully conform with the requirements of this chapter. However, all
provisions of a food safety program in effect prior to January 1, 1999, that do not
pertain to training or a certification program shall conform with the requirements of
this chapter by January 1, 2000.
(2) On and after January 1, 1999, a food safety program that was not in effect prior
to that date may not be enacted, adopted, implemented, or enforced, unless the
program fully conforms with the requirements of this chapter
(n) No city, county, or city and county may enact, adopt, implement, or enforce any
requirement that any food facility or any person certified pursuant to this section do
any of the following
(1) Obtain any food safety certificate or other document in addition to the certificate
required by this section
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(2) Post, place, maintain, or keep the certificate required by this section other than as
specified in subdivision (e).
(3) Pay any fee or other sum as a condition for having a certificate verified,
validated, or otherwise processed by the city, county, or city and county.
(o) Certification conferred pursuant to this chapter shall be recognized throughout
the state Nothing in this chapter shall be construed to prohibit any local enforcement
agency from implementing or enforcing a food handler program, as defined in
paragraph (2) of subdivision (1) that took effect prior to January 1, 1998, but only in
the form in which the program existed prior to January 1, 1998.
(p) Notwithstanding Section 113935, a violation of this section shall not constitute a
misdemeanor, but shall constitute grounds for permit suspension or revocation, in
accordance with Article 5 (commencing with Section 113950)
SEC. 2.5. Section 113823 is added to the Health and Safety Code, to read:
113823 "Nonprofit charitable temporary food facilities" means a temporary food
facility, as defined in Section 113895, that is conducted and operated by a
corporation incorporated pursuant to the Nonprofit Corporation Law (Div 2
(commencing with Section 5000), Title 1, Corp. C.), that is exempt from taxation
pursuant to Section 501(cx3) of the Internal Revenue Code and Section 23701d of
the Revenue and Taxation Code
SEC 3 Section 113870 of the Health and Safety Code is amended to read-
113870 (a) 'Restricted food service transient occupancy establishment" means an
establishment of 20 guestrooms or less, that provides overnight transient occupancy
accommodations, that serves food only to its registered guests, that serves only a
breakfast or similar early morning meal, and no other meals, and with respect to
which the price of food is included in the price of the overnight transient occupancy
accommodation.
(b) Notwithstanding subdivision (a), a restricted food service transient occupancy
establishment may serve light foods or snacks presented to the guest for self - service
(c) For purposes of this section, "restricted food service transient occupancy
establishment" refers to an establishment as to which the predominant relationship
between the occupants thereof and the owner or operator of the establishment is that
of innkeeper and guest For purposes of this section, the existence of some other
legal relationships as between some occupants and the owner or operator shall be
immaterial.
SEC 4. Section 113895 of the Health and Safety Code is amended to read
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113895. (a) "Temporary food facility" means a food facility operating out of
temporary facilities approved by the enforcement officer at a fixed location for a
period of time not to exceed 25 consecutive or nonconsecutive days in any 90-day
period in conjunction with a single, weekly, or monthly community event, as defined
in subdivision (b)
(b) "Community event" means an event that is of a civic, political, public, or
educational nature, including state and county fairs, city festivals, circuses, and other
similar events as determined by the local enforcement agency "Community event'
shall not include a swap meet, flea market, swap mall, seasonal sporting event,
grand opening celebration, anniversary celebration, or similar functions.
SEC 5. Section 114020 of the Health and Safety Code is amended to read-
114020 (a) No employee shall commit any act that may result in the contamination
or adulteration of food, food contact surfaces, or utensils
(b) All employees preparing, serving, or handling food or utensils shall wear clean,
washable outer garments, or other'clean uniforms. All employees shall wear
hairnets, caps, or other suitable coverings to confine all hair when required to
prevent the contamination of food, equipment, or utensils.
(c) All employees shall thoroughly wash their hands and arms by vigorously rubbing
them with cleanser and warm water, paying particular attention to areas between the
fingers and around and under the nails, rinsing with clean water. Employees shall
wash their hands
(1) Immediately before engaging in food preparation, including working with
unpackaged food, clean equipment and utensils, and unwrapped single- service food
containers and utensils
(2) Before dispensing or serving food or handling clean tableware and serving
utensils in the food service area.
(3) As often as necessary, during food preparation, to remove sod and contamination
and to prevent cross - contamination when changing tasks
(4) When switclung between working with raw foods and working with ready - to-eat
foods
(5) After touching bare human body parts other than clean hands and clean, exposed
portions of arms
(6) After using the toilet room
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(7) After caring for or handling any anunal allowed in a food facility pursuant to
Section 114045.
(8) After coughing, sneezing, using a handkerchief or disposable tissue, using
tobacco, eating, or drinking.
(9) After handling soiled equipment or utensils
(10) After engaging in any other activities that contaminate the hands
(d) No employee shall expectorate or use tobacco in any form in any area where
food is prepared, served, or stored, or where utensils are cleaned or stored
(e) Food employees shall use utensils, including scoops, forks, tongs, paper
wrappers, gloves, or other implements, to assemble rcady-to-eat food or to place
ready -to -eat food on tableware or in other containers. However, ready -to -eat food
may be assembled or placed on tableware or in other containers in an approved food
preparation area without using utensils by employees who comply with the hand
washing requirements specified in subdivision (c). Food that has been served to the
customer and then wrapped or packaged at the direction of the customer shall be
handled only with utensils These utensils shall be properly sanitized before reuse
(f) Gloves shall be worn when contacting food and food contact surfaces if the
employee has any cuts, sores, rashes, artificial nails, nail polish, rings (other than a
plain ring, such as a wedding band), uncleanable orthopedic support devices, or
finger nails that are not clean, neatly trimmed, and smooth.
(g) Whenever gloves are wom, they shall be changed, replaced, or washed as often
as hand washing is required in subdivision (c). When single -use gloves are used,
they shall be replaced after removal
SEC. 6. Section 114065 of the Health and Safety Code is amended to read
114065 All new and replacement food - related and utensil- related equipment shall
be certified or classified for sanitation by an American National Standards Institute
(ANSI) accredited certification program. In the absence of an applicable ANSI
sanitation certification, food - related and utensil- related equipment shall be approved
by the enforcement agency
SEC 7 Article 13 (commencing with Section 114310) of Part 7 of Division 104 of
the Health and Safety Code is repealed
SEC 8. Article 13 (commencing with Section 114310) is added to Part 7 of Division
104 of the Health and Safety Code, to read
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Article 13 Temporary Food Facilities
114310 This article governs sanitation requirements for temporary food facilities as
defined in this chapter,
114311. Except as otherwise set forth in this article, temporary food facilities shall
meet the applicable requirements in Article 6 (commencing with Section 113975)
and Article 7 (commencing with Section 113990).
114312 All food that is sold, given away, or dispensed from a temporary food
facility shall be from an approved source. No food prepared or stored in a private
home may be used, stored, served, offered for sale, sold, or given away in a
temporary food facility
114313. The name, address, and telephone number of the owner, operator,
permittee, or business shall be legible and clearly visible to patrons. The name shall
be in letters at least 8 centimeters (3 inches) high and shall have strokes at least one
centimeter (3/8 inches) wide, and shall be of a color contrasting with the temporary
food facility Letters and numbers for the address and telephone numbers may not be
less than 2.5 centimeters (1 inch) in height.
114314 In addition to the permit issued to each complying temporary food facility, a
permit shall be obtained by the person or organization that is in control of any
community event at which one or more temporary food facilities operates. This
permit shall specify all the areas and facilities at the event site to be utilized by the
temporary food facilities and the responsibibties of the person or organization issued
the permit, including ensuring compliance with this article by the temporary food
facilities operating at the event Effective January 1, 2000, the person or
organization in control of the event shall submit a permit application and a site plan
to the local enforcement agency at least two weeks prior to the event The site plan
shall show the proposed locations of the temporary food facilities, restrooms, and all
shared utensil washing, hand washing, and janitorial facilities.
114315 (a) Notwithstanding Section 113995, during operating hours of the
temporary food facility, potentially hazardous food may be held at a temperature not
to exceed 7 degrees Celsius (45 degrees Fahrenheit) for up to 12 hours in any
24 -hour period At the end of the operating day, potentially hazardous food that has
been held in accordance with this subdivision shall be placed in refrigeration units
that maintain the food at or below 5 degrees Celsius (41 degrees Fahrenheit) or the
food shall be destroyed in a manner approved by the local enforcement agency
(b) At the end of the operating day potentially hazardous food that is held at or
above 60 degrees Celsius (140 degrees Fahrenheit) shall be either destroyed in a
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Page I 1 of 19
manner approved by the local enforcement agency or donated in accordance with
Article 19 (commencing with Section 114435), but may not be reserved in a food
facility.
(c) Adequate cold food and hot food holding equipment shall be provided to insure
proper temperature control during transportation and operation of the temporary
food facility
114316. In addition to complying with Section 114045, live animals, birds, and fowl
may not be kept or allowed within 6 meters (20 fect) of any area where food is
stored or held for sale All reasonable efforts shall be taken to exclude wild animals,
birds, and fowl from the temporary food facility. This subdivision shall not apply to
guide dogs, signal dogs, or service dogs when used in the manner specified in
Section 54.1 of the Civil Code
114317 Food - related and utensil - related equipment used in conjunction with a
temporary food facility shall comply with Section 114065.
114318. Ice used for refrigeration purposes may not be used for consumption in food
or beverages.
114319 (a) Adequate and suitable facilities shall be provided for the storage of
food, utensils, and related items
(b) All food - related and utensil- related items shall be stored at least 15 centimeters
(6 inches) above the floor and in a manner that will protect these items from sources
of contamination.
(c) During periods of moperation, food shall be stored in one of the following
methods
(1) Within a filly enclosed temporary food facility that is in compliance with
Sections 114030 and 114145
(2) In lockable food storage compartments or containers meeting both of the
following conditions.
(A) The food is adequately protected at all times from contamination, exposure to
the elements, ingress of rodents and other vermin, and temperature abuse
(B) The storage compartments or containers have been approved by the local
enforcement agency.
(3) Within a permitted food facility or other facility approved by the local
enforcement agency
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114320 Daring transportation to and from the temporary food facility and during
operation of the temporary food facility, all food, food contact surfaces, and utensils
shall be protected from contamination.
114321. At least one toilet facility for each 15 employees shall be provided within
60 meters (200 feet) of each temporary food facility. Each toilet facility shall be
provided with hand washing facilities equipped with hot and cold running water
Hand washing cleanser and single -use sanitary towels shall be provided in
permanently installed dispensers at each hand washing facility. Temporary food
facilities that handle only prepackaged foods may provide cold water with a
germicidal soap in heu of hot and cold running water at the hand washing facilities.
114322. Adequate janitorial facilities shall be provided for the cleaning of the
temporary food facilities, restrooms, and all shared utensil washing and hand
washing facilities Janitorial facilities shall be provided with hot and cold running
water from a mixing valve
114323. An area separate from food preparation, utensil washmg, and food storage
areas shall be provided for the storage of employee clothing or other personal
effects. Personal effects shall be stored in a manner that prevents the contamination
of food- related and utensil- related items.
114324. Adequate lighting shall be provided.
114325. (a) An adequate supply of potable hot water, at least 48 degrees Celsius
(120 degrees Fahrenheit) shall be provided for utensil washing, hand washing, and
janitorial purposes The water supply shall be from a source approved by the
enforcement agency The potable water supply shall be protected with a backflow or
back siphonage protection device, as required by applicable plumbing codes
(b) Adequate potable water shall be provided, commensurate with the food handling
activities taking place in the temporary food facility In addition to the water needed
for food preparation and dispensing, at least 75.8 liters (20 gallons) of potable water
shall be provided per temporary food facility per day of operation of utensil washing
and hand washing
(c) The inlet to a potable water tank shall be provided with a connection of a size
and type that will prevent its use for any other service, and shall be constructed so
that backflow and other contamination of the water supply is prevented. Hoses used
to fill potable water tanks shall be made of food grade materials and handled in a
sanitary manner
114326 Adequate liquid waste holding facilities shall be provided and shall meet all
of the following requirements:
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(a) All liquid waste shall be disposed of in a manner approved by the enforcement
agency.
(b) The liquid waste tanks shall have a minimum capacity that is 50 percent greater
than the potable water tanks.
(c) When ice is utilized in the storage or display of foods or beverages, an additional
minimum liquid waste holding tank capacity equal to one -third of the volume of the
ice bins shall be provided for the drainage of ice melt.
(d) Additional liquid waste tank capacity may be required where liquid waste
production or spillage is likely to occur
(e) Any connection to a liquid waste holding tank shall preclude the possibility of
contaminating any food, food contact surface, or utensils_
114327 Open -air barbecue facilities may be operated adjacent only to those
temporary food facilities that are permitted to handle the types of foods to be
prepared on the barbecue and with the approval of the local enforcement officer and
subject to the requirements of Article 9 (commencing with Section 114185). All
other cooking equipment shall be installed and operated in compliance with all
applicable local building and fire codes
114328. Based upon local environmental conditions, location, and other similar
factors, the enforcement officer may establish additional structural or operational
requirements, or both, as necessary to ensure that foods are of a safe and sanitary
qty
114329. in addition to complying with Sections 114310 to 114328, inclusive,
temporary food facilities that bandle only prepackaged foods shall also meet both of
the following requirements
(a) A durable and readily cleanable floor surface shall be provided within the
temporary food facility
(b) A temporary food facility shall be designed and operated so as to prevent
contamination of food under normal operating conditions with regard to employee
sanitation, and minimize exposure to airborne contaminants, birds, vermin, leaves,
rain, condensation, and other forms of contamination Overhead protection may be
required by the enforcement agency
in order to protect food products from contamination
114330. In addition to complying with Sections 114310 to 114328, inclusive,
temporary food facilities that handle nonprepackaged foods shall also meet all of the
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following requirements,
(a) Temporary food facilities shall be fully enclosed, meeting the requirements of
Sections 114030 and 114145, except that temporary food facilities that handle only
nonprepackaged nonpotentially hazardous food shall be fully enclosed, or, if
approved by the local enforcement agency, all food handling activities shall take
place within food compartments meeting the requirements of subdivision (o) of
Section 114265.
(b) A durable and readily cleanable floor surface shall be provided within the
temporary food facility.
(c) Walls shall be smooth, durable, and readily cleanable Screening that is at least
16 mesh shall be considered an acceptable wall material for enclosing a temporary
food facility
(d) Ceilings shall be smooth, durable, and readily cleanable
Screening shall only be acceptable as a ceiling material above cooking equipment
when necessary for ventilation purposes.
(e) Food condiments shall be protected from contamination and, where available for
customer self - service, be prepackaged or available only from approved dispensing
devices.
(f) A stainless steel utensil washing sink with at least three compartments with two
integrally installed stainless steel drainboards shall be provided. The sink
compartments and drainboards shall be large enough to accommodate the largest
utensil or piece of equipment to be cleaned in the sink The sink shall be provided
with hot and cold running water from a mixing valve. The sink shall be located
within each temporary food facility, except that one sink may be shared by no more
than four temporary food facilities that handle only nonprepackaged nonpotentially
hazardous food, if the sink is centrally located and is adjacent to the sharing
facilities The local enforcement agency may allow utensil washing facilities other
than those required by this section when it deems that utensils can still be handled in
a safe and sanitary manner
(g) Hand washing facilities, separate from the utensil washing sink, shall be
provided The hand washing facilities shall be located within each temporary food
facility, except that the facilities may be shared by no more than four temporary food
facilities that handle only nonprepackaged nonpotentially hazardous food, if the
facilities are centrally located and are adjacent to the sharing facilities Each hand
washing facility shall be equipped with hot and cold running water Hand washing
cleanser and single -use sanitary towels shall be provided in permanently installed
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dispensers at each hand washing facility. The local enforcement agency may allow
hand washing facilities other than those required by this section when it deems that
the alternate facilities are adequate.
SEC 9. Chapter 13.5 (commencing with Section 114332) is added to Part 7 of
Division 104 of the Health and Safety Code, to read:
CHAPTER 13 5 NONPROFIT CHARITABLE TEMPORARY FOOD FACILITIES
114332. This article governs sanitation requirements for nonprofit charitable
temporary food facilities.
114332.1_ Nonprofit charitable temporary food facilities may operate once annually
for a period of time not to exceed 72 hours.
114332 2. (a) Floors shall be smooth and cleanable. The use of sawdust or similar
materials is prohibited.
(b) Walls and ceilings shall be constructed of either wood, canvas, plastic, or similar
material and fine mesh fly screening and shall completely enclose the facility.
Facilities in which all food and beverage is prepackaged at a facility approved by the
local enforcement officer shall not be required to be fully enclosed with fly
screening Food service openings shall be equipped with tightfitting closures to
minimize the entrance of insects.
(c) Except where all food and beverage is prepackaged, handwashing, and utensil
washing facilities approved by the enforcement officer shall be provided within
nonprofit charitable temporary food facilities
(d) Facilities for the sanitary disposal of all liquid waste shall be subject to the
approval of the enforcement officer.
(e) At least one toilet facility for each 15 employees shall be provided within 60
meters (200 feet) of each nonprofit charitable temporary food facility
(f) Food contact surfaces shall be smooth, easily cleanable, and nonabsorbent
114332 3. (a) All food shall be prepared in a food establishment or on the premises
of a nonprofit charitable temporary food facility No food or beverage stored or
prepared in a private home may be offered for sale, sold, or given away from a
nonprofit charitable temporary food facility.
(b) All food and beverage shall be protected at all times from unnecessary handling
and shall be stored, displayed, and served so as to be protected from contammation
(c) Potentially hazardous food and beverage shall be maintained at or below 7
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Page 16 of 19
degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees Celsius (140
Aeorepq Fabrenbrit) at all times
ma•niavn�d cen ara re rTom 1Ce ul zed for rem- -r-mnn niimogpS
located within the facility.
(f) Smoking is prohibited in nonprofit charitable temporary food facilities.
(g) (1) Except as provided in paragraph (2), live animals, birds, or fowl shall not be
kept or allowed in nonprofit charitable temporary food facilities
(2) Paragraph (1) does not prohibit the presence, in any room where food is served
to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as
defined by Section 54.1 of the Civil Code, accompanied by a totally or partially
blind person, deaf person, person whose hearing is impaired, or handicapped person,
or dogs accompanied by persons licensed to train guide dogs for the blind pursuant
to Chapter 9 5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code
(3) Paragraph (1) does not apply to dogs under the control of uniformed law
enforcement officers or of uniformed employees of private patrol operators and
operators of a private patrol service who are licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and Professions
Code, while these employees are acting within the course and scope of their
employment as private patrol persons
(4) The persons and operators described in paragraphs (2) and (3) are liable for any
damage done to the premises or facilities by the dog.
(5) The dogs described in paragraphs (2) and (3) shall be excluded from food
preparation and utensil wash areas Aquariums and aviaries shall be allowed if
enclosed so as not to create a public health problem.
(h) All garbage shall be disposed of in a manner approved by the enforcement
officer
(i) Employees preparing or handling food shall wear clean clothing and shall keep
their hands clean at all times
114332.4 The enforcement officer may establish additional structural or operational
requirements as necessary to ensure that food is of a safe and sanitary quality.
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114332.5. Open -air barbecue facilities may be operated adjacent to nonprofit
charitable temporary food facilities with the approval of the enforcement officer and
subject to the requirements of Article 9 (commencing with Section 114185).
114332.6 Each local enforcement agency shall annually report to the State
Department of Health Services regarding the adequacy of the standards applied by
this article to any nonprofit charitable temporary food facilities operating within its
jurisdiction, and the department shall review these reports and confer with the
California Conference of Directors of Environmental Health and with affected
industry groups
SEC. 10 Section 114350 of the Health and Safety Code is amended to read:
114350. Certified farmers' markets shall meet the provisions of Article 6
(commencing with Section 113975) and, in addition, shall meet all of the following
requirements-
(a) All food shall be stored at least 15 centimeters (6 inches) off the floor or ground
or under any other conditions that are approved
(b) Food preparation is prohibited at ortified farmers' markets with the exception of
the food samples. Distribution of food samples is allowed provided that the
following sanitary conditions exist.
(1) Samples shall be kept in approved, clean, covered containers
(2) All food samples shall be distributed by the producer in a sanitary manner
(3) Clean, disposable plastic gloves shall be used when cutting food samples.
(4) Food intended for sampling shall be washed, or cleaned in another manner, of
any soil or other material by potable water in order that it is wholesome and safe for
consumption
(5) Potable water shall be available for hand washing and sanitizing as approved by
the local enforcement agency
(6) Potentially hazardous food samples shall be maintained at or below 45 degrees
Fahrenheit All other food samples shall be disposed of within two hours after
cutting
(7) Utensil and hand washing water shall be disposed of in a facility connected to
the public sewer system or in a manner approved by the local enforcement agency.
(8) Utensils and cutting surfaces shall be smooth, nonabsorbent, and easily cleaned
or disposed of as approved by the local environmental health agency
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Page 18 of 19
(c) Approved toilet and hand washing facilities shall be available within 60 meters
(200 feet) of the premises of the certified farmers' market or as approved by the
enforcement officer
(d) No live animals, birds, or fowl shall be kept or allowed within 6 meters (20 feet)
of any area where food is stored or held for sale. This subdivision does not apply to
guide dogs, signal dogs, or service dogs when used in the manner specified in
Section 54.1 of the Civil Code.
(e) All garbage and rubbish shall be stored, and disposed of, in a manner approved
by the enforcement officer.
(f) Notwithstanding Article 11 (commencing with Section 114250), vendors selling
food adjacent to, and under the jurisdiction and management of, a certified farmers'
market may store, display, and sell from a table or display fixture apart from the
vehicle, in a manner approved by the local enforcement agency.
(g) Notwithstandmg Section 113895, temporary food facilities may be operated as a
separate event adjacent to, and in conjunction with, certified farmers' markets that
are operated as a community event by a nonprofit organization or a local government
agency. The organization in control of the event at which one or more temporary
food facilities operate shall comply with Section 114314.
SEC 11. The sum of one hundred thousand dollars ($100,000) is hereby
appropriated from the General Fund to the State Department of Health Services for
purposes of implementing paragraph (2) of subdivision 0) of Section 113716 of the
Health and Safety Code, and for carrying out any other duties associated with the
implementation of a statewide food safety program.
SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article
XM of the California Constitution for certain costs that may be incurred by a local
agency or school district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6 of Article XIIIB of
the California Constitution
However, notwithstanding Section 17610 of the Government Code, if the
Commission on State Mandates determines that tins act contains other costs
mandated by the state, reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000), reunbursement
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AB1978 Page 19 of 19
shall be made from the State Mandates Claims Fund.
.y . •,i ...a-.. _ c.,.t - -- ~neon .ca- ^ -- - ' ^ -a- - -1 -..
Senate Rules Committee /California State Senate/ WebMaster@sen.ca.gov
10/13/98
071
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EL SEGUNDO CITY COUNCIL MEETING DATE: 20 October 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing
Continued public hearing on Environmental Assessment EA -401 B and Precise Plan 96 -1 B (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)
COUNCIL ACTION:
1) Re -open Continued Public Hearing,
2) Continue Public Hearing until 03 November 1998; and /or,
3) Other possible action /direction
INTRODUCTION AND BACKGROUND:
The application requests approval of the three (3) following separate items
1 Amendment of the Precise Plan land uses to conform to the current Zoning Code for the underlying zone, the
"Urban Mixed Use South (MU -S) Zone,"
2 Amendment of the Precise Plan development standards to conform to the current Zoning Code for the
underlying zone, the "Urban Mixed Use South (MU -S) Zone," and,
3 Amendment of the Precise Plan to provide for approval by the Director of Planning and Budding Safety of
minor modifications to the requirements of the Precise Plan.
The applicant is also requesting a determination that the requested actions of the City are within the scope of the
development limits established by the approval of EA -350 (which was approved with a Mitigated Negative Declaration
of Environmental Impacts) and the City Council Resolution No 3917 If so determined, no additional environmental
analysis is required
DISCUSSION:
The City Council Public Hearing was originally noticed and scheduled for 06 October 1998, assuming that at its
immediately preceding meeting -- on 24 September 1998, the Planning Commission would take action However, at
the applicant's request, the Planning Commission did not take action at the scheduled meeting, and instead Continued
the item until its next regularly scheduled (8 October 1998) meeting The applicant subsequently requested a second
Continuation of the Planning Commission hearing until 22 October 1998 As a result, the City Council Public Hearing
should also be Continued to its next subsequent meeting -- 03 November 1998, so as to allow the Planning
Commission the opportunity to discuss and make a recommendation to the City Council
ATTACHED SUPPORTING DOCUMENTS:
Letter from applicant requesting Continuance, dated 07 October 1998
FISCAL IMPACT:
None
//y
P \proleWs \400- 425\ea- 401 \ea401 b -2 ais
072 2
C) CONTINENTAL DEVELOPMENT CORPORATION
October 7, 1998 HAND DELIVERED
Department of Planning and Building Safety
City o E1 Segundo
350 Main Street
El Segundo, CA 90245
Attention: Laurie B. Jester, Senior Planner
Re: Application for First Amendment to Precise Plan 1 -81
Address: 2101 -2141 Rosecrans Ave.
Application for Amendment to Precise Plan 12 -72
Address: 2041 Rosecrans Ave., 831 -871 So. Nash Street
Ladies and Gentlemen:
In connection with the captioned Precise Plans, Continental
Development Corporations (Applicant) hereby request a two week
continuation of the October 8, 1998 scheduled public hearing. We
find that more time than anticipated is needed for us to complete
a careful review of the proposed Resolutions and "Draft Precise
Plan Development Plan and Standards ".
We appreciated your consideration of our request.
questions, please contact the undersigned.
Sincerely,
C
President - Planning
ies to: Leonard E. Blakesley, Jr., Esq.
Fred Talarico, Contract Planner
073
If you have any
s �J
uL OCT - 81998
2041 ROSECRANS AVENUE, PO BOX 916, EL SEGUNDO, CALIFORNIA 90245 -0916
(310) 640 -1520 - (310) 414 -9279 FAX
EL SEGUNDO CITY COUNCIL MEETING DATE: 20 October 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing
AGENDA DESCRIPTION:
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)
RECOMMENDED COUNCIL ACTION:
1) Re -open Continued Public Hearing,
2) Continue Public Hearing until 03 November 1998, and /or,
3) Other possible action/direction
INTRODUCTION AND BACKGROUND:
The application requests approval of the four (4) following separate items
1 Amend the approved site plan to reflect previously approved "as- built" condition on the site (i e , Wolfgang
Puck Cafe outdoor dining, McCormick and Schmick's Restaurant outdoor dining area, valet drop -off area on
Apollo Street, and valet drop -off area on Nash Street and other minor landscape and walkway changes).
2. Amend the Precise Plan to permit an encroachment into the side yard setback for McCormick and Schmick's
Restaurant for a valet drop -off canopy on Nash Street
3 Amendment of the Precise Plan to clarify that any (then current) codified development standards for the
underlying Urban Mixed Use South (MU -S) Zone that are not specifically modified by the Precise Plan will be
incorporated by reference and may be applied to improvements (uses and development standards) covered
by the Precise Plan.
4 Amendment of the Precise Plan to provide for approval by the Director of Planning and Building Safety for
minor modifications to the requirements of the Precise Plan
The applicant is also requesting a determination that the requested actions of the City are within the scope of the
development limits established by the approval of Precise Plan 1 -81 (which was approved with a Negative Declaration
of Environmental Impacts) and City Council Resolution No 3062 If so determined, no additional environmental
analysis is required
DISCUSSION:
The City Council Public Hearing was originally noticed and scheduled for 06 October 1998, assuming that at its
immediately preceding meeting -- on 24 September 1998, the Planning Commission would take action However, at
the applicant's request, the Planning Commission did not take action at the scheduled meeting, and instead Continued
the item until its next regularly scheduled (8 October 1998) meeting The applicant subsequently requested a second
Continuation of the Planning Commission hearing until 22 October 1998. As a result, the City Council Public Hearing
should also be Continued to its next subsequent meeting -- 03 November, 1998, so as to allow the Planning
Commission the opportunity to discuss and make a recommendation to the City Council
ATTACHED SUPPORTING DOCUMENTS:
Letter from applicant requesting Continuance, dated 07 October 1998
FISCAL IMPACT:
ORIGINATED:
REVIEWED
ACTION
08 October 1998
Date:
'iX7/
074 P \protects \451- 475\ea- 456%a456 ass
1!
CONTINENTAL DEVELOPMENT CORPORATION
October 7, 1998 HAND DELIVERED
Department of Planning and Building Safety
City o; E1 Segundo
350 Main Street
E1 Segundo, CA 90245
Attention: Laurie B. Jester, Senior Planner
Re: Application for First Amendment to Precise Plan 1 -81
Address: 2101 -2141 Rosecrans Ave.
Application for Amendment to Precise Plan 12 -72
Address: 2041 Rosecrans Ave., 831 -871 So. Nash Street
Ladies and Gentlemen:
In connection with the captioned Precise Plans, Continental
Development Corporations (Applicant) hereby request a two week
continuation of the October 8, 1998 scheduled public hearing. We
find that more time than anticipated is needed for us to complete
a careful review of the proposed Resolutions and "Draft Precise
Plan Development Plan and Standards ".
We appreciated your consideration of our request. If you have any
questions, please contact the undersigned.
Sincerely,
It
President - Planning
s to: Leonard E. Blakesley, Jr., Esq.
Fred Talarico, Contract Planner
r-_
nLI ; OCT - 8 1998
PLVA
: %i:�d�
075
2041 ROSECRANS AVENUE, PO BOX 916, EL SEGUNDO, CALIFORNIA 90245 -0916
(310) 640 -1520 • (310) 414 -9279 FAX
EL SEGUNDO CITY COUNCIL
MEETING DATE: 20 October 1998
Orders of Business - Public Hearing
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
RECOMMENDED COUNCIL ACTION:
1) Hold Continued Public Hearing,
2) Discussion,
3) Schedule First reading of Ordinance 03 November 1998; and /or,
4) Other possible action /direction
INTRODUCTION AND BACKGROUND:
On November 18, December 2, January 3, 6, 20, February 3, 17, March 3, and 17, 1998, the City Council held a
continued public hearing on the above referenced project On March 17, 1998, the City Council adopted Ordinance
No. 1286 to amend the following sections of the City's General Plan, Zoning Code, and Local Coastal Program A)
Mini- Variances, B -1) Detached Accessory Buildings and B -II) Accessory Buildings, C) Residential Wall Heights,
D) School Parking, E) Coastal Development Permits, and F) TDR's - Transfer of Development Rights, in the
Third Quarter Amendments packet. At its March 3, 1998 meeting, the Council directed staff to continue the
discussions on Signs and Amplified Sound Permits, which were also a part of the Third quarter amendments. These
two items were then Continued to April 21, June 16, August 18, September 18, 1998, and then to tonight
DISCUSSION:
On June 16, 1998 (Continued from March 3 and 17, and April 21, 1998), the Council directed staff to Continue the
public hearing on Signs and Amplified Sound Permits in order for the City Attorney to review several issues related
to the proposed revisions to the Sign Code, and, to provide staff the opportunity to meet with residents and business
owners regarding the development of the revised Amplified Sound Permit regulations Staff has met with business
owners on three occasions, and residents twice, and now believes there is sufficient consensus in the discussions,
to bring the proposed revisions back to the Council for consideration Staff and the City Attorney have also completed
the review of the Sign regulation issues.
(continued on next page...)
ATTACHED SUPPORTING DOCUMENTS:
(draft) ZTA's, dated October 20, 1998 - Exhibits 1, 2, and 3
FISCAL IMPACT:
None.
REVIEWED BY: Date:
p \zonjng \ea419a \ea419a -6 —
"''
076 4
EA-419A, GPA 97- 3A/ZTA 97 -3A Page #2
City Council Staff Report
20 October 1998
DISCUSSION (Continued):
On January 6, 1998, the City Council and Planning Commission held a joint public workshop on the Third quarter
amendments, which included a discussion of proposed modification to the Sign Code The Council reached a
consensus on all but two sign issues (the size of announcement signs and abatement of abandoned signs). Staff and
the City Attorney requested previous continuances of the discussions on the Sign Code to review abandoned signs.
Staff and the City Attorney have now completed their review of abandoned signs
The following is a summary of the discussions and actions that have already taken place for the proposed
amendments to Signs and Amplified Sound Permits Staff has highlighted with bold and italic, those issues which
staff requests additional clarification from the Council.
1. Sicins - Revise Sign requirements, including political signs (GPA & ZTA).
After receiving input from members of the community, the City Council, on January 6, 1998, reviewed the proposed
revisions to the Sign Code (Chapter 20 60 of the El Segundo Municipal Code) and took the following actions on
specific proposed revisions
Off -Site Signage - The consensus of the Council was to maintain the City's ban on Billboards (off -site signage
in excess of 500 square feet) and the current prohibition on off -site signs within 500 feet of a State or County
Highway The Council also expressed an interest in possibly permitting certain off -site directional signs to help
businesses which may not be visible from the main thoroughfares in the City and staff has added language
to address this (Section 20 60 080 G). The Council also discussed provisions in the Sign Code to permit
"gateway" and other promotional signs for the City Staff believes proposed language in the exemption and
public right -of -way sections (Sections 29.60 100 and 20 60 120) in the Sign Code would enable the City to
establish such signage
2. Pole Signs - The Council majority agreed that it was not appropriate to adopt a General Plan Amendment
which would discourage pole signs in the City until further study is conducted by staff and the Planning
Commission on the appropriate use of pole signs in different parts of the City The Council accented the
recommendation of the Planning Commission and staff to bring this item back at a future date with additional
analysis, including a survey of pole sign requirements in other cities, separate from the third quarter
amendments, in order to avoid delaying the rest of the sign amendments and the overall third quarter review
3 Announcement Signs - The consensus of the Council was to accept the recommendation of the Planning
Commission to add a one year maximum duration for which Announcement Signs (Section 20 60 080 H4 )
could be used for a new development or business However, no apparent consensus was reached regarding
staff's recommendation to permit announcement signs greater than 100 square feet east of Sepulveda
Boulevard Therefore, staff would suggest that the City Council consider allowing announcement signs
up to 150 square feet east of Sepulveda; and, provide further direction on this issue at that time.
4 Political Signs - The consensus of the Council was to retain the existing regulations for political signs which
permit signs to be a maximum of four (4) square feet, instead of allowing the larger signs as recommended
by the Planning Commission and City Attorney
5 Flashing and Moving Signs - The Council directed staff to revise the sign requirements for flashing and
moving signs to clarify that flashing and moving signs would only be prohibited if the colors in the sign or their
location would interfere with vehicular safety (Section 20 60.110 1 ) Council consensus was to not accept the
Planning Commissions recommendation to prohibit all flashing and moving signs, with specific exemptions
6 Temporary Signs - The City Council accented the recommendation of the Planning Commission and staff
to list animals or human beings used as temporary signage in subsection of Section (20 60 080 H ), provided
they would not be located on public property or in the public right -of -way
7 Public Right -of -Way Signs - Pursuant to the recommendation of the Planning Commission, staff, and the
City Attorney, the consensus of the City Council was to ensure that no new right was being granted for signs
in the public right -of -way, by deleting Section 20 60 120 B, which allows temporary signs in the public nght -of-
way Since all public signs, emergency, and construction signs are covered in other subsections of this
077
EA -419A, GPA 97- 3A/ZTA 97 -3A
City Council Staff Report
October 20, 1998
Page 3
section, the Council felt it appropriate to eliminate this subsection to prevent signs such as political, real
estate, open house or garage sale signs from being placed in the public right -of -way
Murals and Works of Art - The consensus of the City Council was to accept the recommendation of the
Planning Commission to include regulations for murals in the Sign Code in order to avoid confusion as to what
type of message might be considered a commercial message on a mural versus simply "artwork" The
proposed revision adds non - commercial Works of Art, such as historical and community murals, as a
permitted use (Section 20 60 080 M ), and allowing works of art to exceed the 500 square foot sign limit,
without City Council approval. Works of Art intended for commercial purposes would be considered as
signage and regulated the same as other signs in the Zoning Code Based on the discussion of the Council
and Commission on January 6, 1998, staff reviewed the provisions for murals in residential zones Staff found
that the proposed sign code did not address murals in residential zones, so staff has added language to
Section 20 60 080 to permit Works of Art in residential zones which are not used for commercial purposes
9 Abandoned Signs - On January 6, 1998, the Council did not accept the recommendation of the Planning
Commission to permit abandoned signs to continue beyond the 45 day limit listed in Section 9 54 020(m) of
the Municipal Code or the 90 day limit proposed as part of Section 20 60 150 when the building or property
on which the sign is actively available for lease State law requires that when the Sign Code of a City is
amended, an inventory of illegal and abandoned signs must commence within 120 days of adoption of the sign
code revisions Within 60 days after the 120 day period, State law requires the City to commence abatement
proceedings against illegal and abandoned signs Therefore, the existing Municipal Code time frame of 45
days for a abandoned sign to become a public nuisance does not appear to be consistent with State law As
a result, on February 3, 1998, staff requested additional clarification from the Council to determine if a sign
should be considered abandoned after 45 days or 90 days and to clarify if there would be any circumstances
in which a sign could continue to be used 45 or 90 days after a business has discontinued operation
At that point, the City Attorney requested that the Council delay its discussion and decisions on abandoned
signs so that he would have time to review these issues with staff The Sign Code cannot be adopted without
provisions for abandoned signs, as State law requires an inventory and abatement of illegal and abandoned
signs within a certain time frame after the adoption of new sign provisions After reviewing state law and the
draft revisions prepared by staff, the City Attorney has concurred with staff that the draft text in Exhibit 1 meets
all legal requirements Staff and the City Attorney recommend deleting Section 9.54.020(m) and
adopting a 90 day time period for abandoned signs as stated in Section 20 60.150 of the Zoning Code.
At its meeting of September 18, 1998, the City Council agreed to the City Attorneys request to delay
consideration of the proposed changes to the Sign Code until staff completed its review of Amplified Sound
Permits Now that this review has been completed, staff and the City Attorney believe the amendments to the
Sign Code and Amplified Sound Permits are ready for deliberation
2. Amplified Sound Permits - Limit number of Amplified Sound Permits per address to eight (8) in any
one calendar year (Chapter 9.06). Applicants may apply for an Entertainment Permit (Chapter 5 36)
or an Adjustment (Chapter 20.78), for construction noise permits, for more than eight (8) permits per
year (ZTA).
This item is also a continuation of an item which remained unfinished as part of the Second quarter amendments due
to the City Attorney's request to review the legal issues involved with the possible limitation of the number of Amplified
Sound Permits which may be issued per year
On March 3, 1998, the Council requested that Planning staff work with the business community and residents
impacted by the Amplified Sound Permit regulations and develop consensus on a proposal to revise the regulations
On March 20 and June 2, 1998, staff met with the operators of several downtown restaurants and one local resident
to discussed the proposed revisions to the Amplified Sound Permit regulations and to receive input on the amplified
sound /entertainment needs of the businesses Staff requested that the businesses try to develop an "average"
operational plan of amplified entertainment needs of the restaurants which could become the basis for a baseline
number of amplified sound permits that might per permitted The business operators have submitted a draft of an
"average" operational plan on June 13, 1998, which addresses indoor and outdoor sound amplification Planning staff
met with several residents on June 24, 1998, to review the draft "average' operational plan submitted by the business
operators Planning Staff invited business operators and residents to a third meeting on October 6 to discuss Planning
Staffs recommendations based on the previous meetings and the draft "average" operation plan
1
EA -419A, GPA 97- 3A/ZTA 97 -3A Page 4
City Council Staff Report
October 20, 1998
After a review of the existing Entertainment Regulations (Chapter 5 36), Planning staff came to the conclusion that
the typical events (live bands) conducted at a number of business establishments in the Downtown area for which
amplified sound permits have been approved on a regular basis, are included the definition of "entertainment"
Pursuant to Section 5 36 030, establishments with these kind of events are required to obtain an Entertainment Permit
Based on this, staff has revised the Entertainment Regulations to clarify that a musical performance would be
considered entertainment and subject to the provisions of Chapter 5 36 Therefore, there will likely be several existing
business would be required to obtain Entertainment Permits that currently have live music approved only by Amplified
Sound Permits
Due to the variability in the operations of establishments, it did not seem reasonable to establish a set of maximum
thresholds for hours of operation, the number of days which live music could be performed, or other operational
characteristics in the Entertainment Regulations themselves Each establishment has different operations and settings
which would impact neighbors in different ways Staff believes that specific conditions of approval could be adopted
as part of the approval process, which would be based on the type and frequency of entertainment that is requested
in the Permit application and the potential impacts of the particular establishment Staff recommends that the City
Council consider three optional approval processes The first would be to continue to have the Finance Director review
and approve new Entertainment Permits and renewals The decision of the Finance Director would continue to be
appealable to the City Council The second would be to have the Planning Commission review new applications and
the Finance Director review renewal requests For this option, the current appeal process could be revised so that the
City Council would hear an appeal of the Planning Commission's action on a new Permit A third option would be to
have the City Council consider new applications and the Finance Director continue to review renewal applications
Staff recommends that the City Council approve the second option to authorize the Planning Commission
to review new Entertainment Permit applications instead of the Finance Director as currently defined in the
Code. The decision of the Planning Commission on a new application and the action of the Finance Director
on renewals would be appealable to the City Council. Staff believes it would be appropriate for the Finance
Director, or other designee, to continue to review renewal applications, since the renewal process involves verification
of compliance with the terms of the original permit Staff has added Section 4 36.105 describing how conditions of
approval may be placed on an Entertainment Permit
Through the course of Planning Staff's review of the Amplified Sound Permits, it came to the attention of staff that
there is confusion amongst a number of parties as to the sound levels which are be authorized through the issuance
of an Amplified Sound Permit and by an Entertainment Permit In Section 5 36, Staff has attempted to clarify that
approval of Entertainment Permit does not grant a right to exceed the noise standards in Chapter 9 06 Furthermore,
the City Council would also have the authority to limit decibel through conditions of approval placed on a individual
Entertainment Permit
Respecting the fact that there are many events (Library Park weddings, private parties, Main Street car shows, etc )
for which amplified sound is needed, staff also recommends revising the Noise and Vibration Regulations
(Chapter 9.06) to permit up to eight (8) Amplified Sound Permits each calendar year per location in residential
zones or in within 300 feet or residential property. Staff believes this is a reasonable number of Permits to grant
without requiring an Entertainment Permit Noise Permits for construction related noise, which are sometimes required
for projects to work after hours or on Sundays and Holidays, would also be revised to limit the total number of Noise
Permits to eight (8) for a maximum duration of 30 days for one location Additional Noise Permits could be issued
through the Adjustment process
Finally, the City Attorney has provided additional language to clarify that the determination to approve or disapprove
an Amplified Noise Permit will not be based on the content of the "speech" being amplified, but on the impacts of the
sound on the community.
079
EA- 41 9A/GPA 97- 3AIZTA 97 -3A Page 1 of 19
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
CHAPTER 20.08 DEFINITIONS
M IN MW
--- at' - 90 -
. _....
20.08.740 SIGN, BILLBOARDS
"Billboards" mean any sign erected for the purpose of advertising a product, event,
bst i�nes person, or subject whether er not related to 14C n 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 billiard er Aimdar type of sign which is supported by one or
more uprights, poles or braces in or upon the ground other than a GOMbinatien s+ga;
fin sign or pole sign, as defined by this code
.1 .•1 •ma
X7111111711F. .• W91MMMOMPT ..
IN R-11-11111-
.. . ._ .. .�
CHAPTER 20.08 DEFINITIONS
M IN MW
--- at' - 90 -
. _....
20.08.740 SIGN, BILLBOARDS
"Billboards" mean any sign erected for the purpose of advertising a product, event,
bst i�nes person, or subject whether er not related to 14C n 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 billiard er Aimdar type of sign which is supported by one or
more uprights, poles or braces in or upon the ground other than a GOMbinatien s+ga;
fin sign or pole sign, as defined by this code
.1 .•1 •ma
X7111111711F. .• W91MMMOMPT ..
.. . ._ .. .�
1:1
EA- 419A/GPA 97- 3AIZTA 97 -3A Page 2 of 19
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
20.60 SIGNS
Sections:
20 60 010
PURPOSE
20.60 020
APPLICABILITY
20.60 0240
PERMITS REQUIRED.
20 60 04_60
DESIGN, CONSTRUCTION AND MAINTENANCE
2060.0 .5650
SIGNA6 PLAN
1 . 1 1 • 1 9Lei01RN1►1:f:.9191�►1
c► __A u' -5,4
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20 60.010 PURPOSE.
The purpose of this Qehapter is to encourage the effective use of signs as a means
of communication in the (Zesty, maintain and enhance the aesthetic environment and
the City's ability to attract sources of economic development and growth, encouraoe
and appearance to the ounamas ana sites wnicn tney occuav 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 gnjy be ereeied,plased, established, painted, GFeated GHMWIAU-31149-d in
the Gity egly in conformance with the
requirements of this Chapter
The effect of this Chapter as FAGFe speelfleally set feFth hereiR, is
081
EA- 419A/GPA 97- 3AIZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 3 of 19
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 to
erdl+aase,
136. To prohibit all signs not expressly permitted by this Chapter, and,
CD-
A. .9-m- e-Sho-R-61mg Sufldings, F-FeeStaAd'Ag buildings shall be allowed signage
up to 6%
style, and leeatien As it relates in the buildiRg,
0 ef the
signs;
20.60.040 PERMITS REQUIRED
Iw
placement, erection or modification of anv algo.which..If a-sign requrp&+ng a
permit under the provision of this Chapter ,
Ne -$signs shall he greeted in the public right -of -way except in sbafl-Le
erected in accordance with Section 20 60129W0
1I
EA- 419A/GPA 97- 3AIZTA 97 -3A Page 4 of 19
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
C. No sign permit at any-�nd shall be issued for any existing 9F pitepesed sign
unless such sign is consistent with the requirements of this C to T"
and with the
Signage Plan in effect for the property
20 60 0460 DESIGN, CONSTRUCTION AND MAINTENANCE
' - • - - - - - - • - • - - - .rrrr..emzmrerzrasmcr+asmn:�- -
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 Qehapter, all signs shall be
constructed of permanent materials, and shall l 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 Chanter shall be maintained in
repair. structural condition, function properly, be free from all dg
>9 i iT3 i Iti tli �--T. f �.7�dkT.7 3riUli ilF9 iI �U IGLU i.Z�a I I iZ.IFI ii• i K-
this Bede, at all times,
20 60 0;260 SIGNAG6 PLAN
No permit shall be issued for an individual sign requiring a permit unless and until
a Masten Signage Plan OF a Geirnmen SigRage PlaR for the development. lot, or
business has been A, -brAMed and approved by the
Director of Planning and Building Safety.
A. A4aeteFSignage Plan Requirements. FOF any lot en whieh the OWReF
ing V and guildiRg Aa Mastef Signage Plan shill
containing the following
1. An accurate scaled -plot plan of the lot,
�. .-'-... I . ...................0 - -....1 ......I ........... ....,..� .....,......,
2. Location of buildings, parking lots, driveways, and landscaped areas
shown on the Mot plan sesta let,
3 Computation of the maximum total sign area, maximum area for
individual signs, height ef6Igns and number of free standing signs,
1:
EA- 419AIGPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 5 of 19
and total building wall area on which the signs are located allowed erg
aad;
4 Ithe proposed
location of each sign, present and future, ef any type, whether
requiring a permit or not, shown on both the plot plan and elevations
and.
G. Previsions of Common 6i"age; The Gemmen Signage Plan 6hall
shall else speGify 6taFidaFdG -Q sonsistentey standards among all
signs on the lots affected by the Plan with regard to.
g 4- Color scheme;
E 2- Lettering or graphic style,
g.& Lighting,
d.b. Material, and,
g_x6—Sign dimensions.
118 Showing Window Signs on Common ar Mas Signage Plan. A
Signage Plan, ineluding windew aiqRs, 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
.QG. Consent. The Signage Plan shall be signed by all
owners or their authorized agents
1:
a
III
G. Previsions of Common 6i"age; The Gemmen Signage Plan 6hall
shall else speGify 6taFidaFdG -Q sonsistentey standards among all
signs on the lots affected by the Plan with regard to.
g 4- Color scheme;
E 2- Lettering or graphic style,
g.& Lighting,
d.b. Material, and,
g_x6—Sign dimensions.
118 Showing Window Signs on Common ar Mas Signage Plan. A
Signage Plan, ineluding windew aiqRs, 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
.QG. Consent. The Signage Plan shall be signed by all
owners or their authorized agents
1:
EA- 41 9A/GPA 97- 3AIZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 6 of 19
124 Procedures. A MasteF eF GGIFRffiGH-Signage Plan may be amended by filing
a new Signage Plan that conforms with all requirements
of thine to
20.60.DS44-0 GENERAL PERMIT PROCEDURES
The following procedures shall govern the submission and review apgNsatiea fef,
and issuance of all -Seign Plans peFmits under this eFel+aanee, and the
pplication for and IaSUanm of Signage Permits
f ,
_ a �errmrsrr.�- anr_Rr_ers _ , zrw�
18 Fees. Each application for a sign peffnit OF f0F apff9yal ef a Mastex
erGermaen Signage Plan shall be accompanied by the applicable
fees, which shall be established by the City Council #01TI time to tme
by Fesetutert; A sign permit, consistent with an approved Sian Plan.
shall not regwre an additional Sign Plan fee, except applicable
Building Permit fees:
2S. Completeness. Within iDg work= 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 n& -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 t= shapter, and,
32D. Action. Within 14: days of the submission of a complete
application for a S-21a fit, the Director shall either
IF 085
EA- 419A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
L
Page 7 of 19
efes. „o- fislgR&U - pcffni,, Irnicayn(a)nhas "�v- ,rro- rnacJcoc
g,3. 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,
44 Reject the proposed plan if the sign(s) as shown on the plan
or the plan itself fails in any way to conform with the
requirements of this Qehapter In case of a refection, the
Director shall specify in the refection the section(s) of this
_Cshapter with which the plan is inconsistent
.I --u
ffm
1:.
EA- 419A/GPA 97- 3AIZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 8 of 19
son
n-
-Q.
9
E.
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EA- 419A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
20.60.100 SIGNS EXEMPT FROM REGULATION.
Page 12 of 19
L
r.�
•1 • �1 •1 •
P-1-91 ••-N m 1
F-
inl{�• -��_ ��111 - I♦� - � - 11 1 " � 1 . 1 • 1 " " • IT��i�1�- 1 . - . 1
m
2<
091
EA- 419A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
I
Page 13 of 19
All signs not expressly permitted under this t ead+aaase -are prohibited 1R the
Gity Such signs include, but are not limited to
A Beacons ions. used in connection with commercial premises for commercia
purposes;
13 Balloons or other inflated devices or signs used in connection with
E.
EG Strings of lights not permanently mounted to a rigid background, except those
exempt under the previous section,
Qf3. Trailer signs; aFA-,
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 place
shall be placed within 500 feet of either side of a state or county freeway or
highway in a manner which makes the dyed am thereon visible
to persons or passengers upon any such thoroughfare
092
EA- 419A/GPA 97 -3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 14 of 19
13. 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 at
9nnnpq .1:7fR.-e . r . a
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AM
IN
-111 -011VIO
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: - M-z
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EA- 41 9A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 15 of 19
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 Ghaptera2 04
of the El Segundo Municipal Code, and as listed below
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 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
projecting 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
f36 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 Forfeited. AD Aay signa installed or placed on
public property or in the public right -of -way no e)(sept in conformance with
094
EA- 41 9A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Page 16 of 19
Signs shall be weeted, installed 9F GFeated eRly in aeeepdanGG with a duly issued and
T
9
[113111111111910-1-T-1 MM 911''Zi
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095
EA- 41 9A/GPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
Q.
W
Page 18 of 19
...: z.: ��: r_ i,_ v., rm: r..
a: zv■:'
z. n.. es�r_ r.. in:, rs�: L,ar_,z,:.:r�ti,u:._.en�n+s:r.�- -
097
EA- 419AIGPA 97- 3A/ZTA 97 -3A
DRAFT AMENDMENTS - AUGUST 18, 1998
SIGNS - EXHIBIT 1
�i
Page 19 of 19
CHAPTER 20.78 ADJUSTMENTS
20 78 010 GRANTING
I MUM.
Whenever a strict interpretation of the provisions of this Title or its application to any
specific case or situation pertaining to the followina items height 9F leGaijeR ef a wall,
hedge, erfeace would result in the unreasonable deprivation of the use or enjoyment
of property, an adjustment may be granted
fenee; -ex hedge, subject to the following restriction and in the manner hereafter
provided.
p \zoning \ea419 \exhibits \signs \signcode
i':
EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 1 of 1 I
DRAFT AMENDMENTS - OCTOBER 20, 1998
ENTERTAINMENT REGULATIONS - EXHIBIT 2
Chapter 5.36 ENTERTAINMENT REGULATION
Sections:
5.36.010
PURPOSE.
536.020
DEFINITIONS.
5.36.030
PERMIT REQUIRED
5 36 040
WRITTEN APPLICATIONS REQUIRED -FEES.
5.36050
CONTENTS
5.36060
NOTICE OF CHANGE
5 36 070
INVESTIGATION, IDENTIFICATION AND INSPECTION.
536.080
IDENTIFICATION CARDS -FEE
5 36 090
INSPECTION
536.100
APPROVAL OR DENIAL OF PERMIT
CONDITIONS OF APPROVAL
536.105
536.110
NOTICE OF DECISION.
5 36 120
APPEAL PROCEDURE - APPEAL.
536.130
WAIVER.
5.36.140
NOTICE OF HEARING
5 36 150
HEARING
5.36160
APPEAL PROCEDURE
536.170
ISSUANCE AND DURATION OF PERMIT
5.36180
DURATION.
5.36.190
DISPLAY OF PERMIT.
5 36 200
ASSIGNMENT OF PERMIT PROHIBITED.
5 36 210
RULES AND REGULATIONS FOR ENTERTAINMENT
ESTABLISHMENTS - POSTING.
536.220
SOLICITATION OF DRINKS
5.36230
HOURS OF ENTERTAINMENT
5 36 240
CONDUCT UPON PREMISES REQUIRED TO BE LICENSED
5.36250
SUSPENSION AND REVOCATION
536.260
REVOCATION
5.36.270
EXEMPTIONS- NONPROFIT ORGANIZATIONS.
5.36280
CITY PROPERTY
536.290
PUBLIC NUISANCE ABATEMENT
5.36010 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.
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(1) Appellant. "Appellant" means a person who perfects an appeal pursuant to this
chapter;
(2) Applicant "Applicant" means a person, firm, or corporation who, or which 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, act, 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;
(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 mad, 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 (Ord 782)
5 36 030 PERMIT REQUIRED
It shall be unlawful for any person conducting, operating, owning, or in control of any
premises open to the public, or private club within the city to allow any entertainment including
dancing, 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 permit therefor, pursuant to the
provisions of this chapter. (Ord 782)
5.36.040 WRITTEN APPLICATIONS REQUIRED - FEES
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An application for an entertainment permit or renewal of such permit shall be filed with
the director of finance, shall be in writing, on forms provided by the city, shall be in duplicate, and
shall be accompanied by the application fee for each permit required
The application fee for an entertainment permit is two hundred dollars
The application fee for renewal of such 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).
5.36.050 CONTENTS
Each application shall contain:
(1) A complete identification of the applicant,
(2) Names, residence and business addresses of any copartners, including limited
partners; or, if the applicant is a corporation, 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,
the names and residence addresses of each of the officers, directors, and each stockholder
owning more than ten percent of the stock of the corporation If one or more of the partners is a
corporation, the provisions of this section pertaining to a corporate applicant apply,
(3) The names, residences and business addresses of the managers and person to be in
charge;
(4) 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,
(5) The address and the particular roomW BF reeras or areas for which the permit is
required, the square foot area thereof to be used for dancing or entertainment, and the seating
capacity for service of meals,
(6) The exact nature of the proposed business for which the permit is requested, and the
name under which it is to be operated;
(7) Whether or not any person referred to in subsections (1), (2), (3), or (4) of this
section, has had a permit for the same or any similar business suspended or revoked anywhere,
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) Whether or not any person mentioned in subsections (1), (2), (3), or (4) of this section
has ever been arrested, and if so, the details of the arrest, the nature of the charge and its
disposition;
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(9) A statement in detail of the kind of entertainment which is to be conducted on the
premises;
(10) The hours of operation,
(11) Such other related information as the director of finance 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
finance within twenty days after such change or at any hearing conducted under this chapter if
such hearing is conducted before the above notification has been given (Ord 782).
536,070 INVESTIGATION, IDENTIFICATION AND INSPECTION
The director of finance shall refer each application for a permit or renewal of such permit
to the chief of police, who upon receipt thereof, shall conduct an appropriate investigation to
determine whether said permit should be issued in accordance with the provisions of this
chapter as hereinafter set forth. The chief of police may request the assistance of any city
department for the purpose of such investigation and he shall consider any relevant factual
material relating to such application. The city may cause the finger prints to be taken of any
person referred to in subsections (1), (2), (3) or (4) of Section 5 36 050. (Ord 782)
5 36 080 IDENTIFICATION CARDS - FEE
The chief of police may require permittees, their employees or their performers to carry
identification cards issued by the police department.
(1) Issuance The chief of police may require and issue identification cards to permittees,
their employees, or performers in such form as the police department deems necessary to
identify the permittee, employee or performer;
(2) Surrender of Card. Each permittee shall immediately surrender to the police
department any identification card issued by the police department upon the revocation,
suspension or cancellation of his permit Each permittee shall immediately surrender to the
police department any identification card issued to an employee or performer of the permittee by
the police department when any such employee leaves the permittee's employ or when such
permittee's permit is revoked, suspended, canceled or at the expiration of such permit without
renewal,
(3) Violation No person shall carry or use any identification card issued to him pursuant
to this section after his permit or his employer's permit has been revoked, suspended, canceled
or expires without renewal No person shall use the identification card issued to another person,
(4) The identification card shall be valid for a period of one year, after which time it can
be renewed;
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(5) Fee. Permittee shall pay a fee for any such identification card required by this
chapter. (Ord. 1253, 1252, 1138, 782)
536.090 INSPECTION.
The police department, in addition to its other duties, shall inspect any and all
establishments licensed pursuant to this chapter. Police officers, noise control officer. 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 (Ord 782)
5.36.100 APPROVAL OR DENIAL OF PERMIT
After an investigation Ly the director of finance, the olammng commission shall approve
the application for a new toe entertainment permit and the director of finance shall approve a
renewal of an existing entertainment permit if 49 the following findings
can be made fie
(1) A completed written application form therefor has been filed, and
(2) The required application fee therefor has been paid to the city treasurer, and
(3) As a result of his investigation all applicable provisions of this chapter, with regard to
such permit application have been, or will be, met, and
(4) 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, budding and safety
requirements and standards of the laws of the state of California and this code applicable to
such business operation, and
(Sib) That the applicant, his employee, agent or any person connected or associated with
applicant as partner, director, officer, stockholder, associate or manager,
A. Has not been convicted in a court of competent jurisdiction by final judgment, of•
An offense involving the presentation, exhibition, or performance
of an obscene production, motion picture or play, or
An offense involving lewd conduct, or
III. An offense involving the use of force and violence upon the person
of another, or
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IV. An offense involving misconduct with children, or
An offense involving the maintenance of a nuisance in connection
with the same or similar business operation,
B Has not committed within the last five years any offense described in
subparagraphs I through v of paragraph A of this subsection,
C Has not allowed or permitted acts of sexual misconduct to be committed
within prior business operations, and
(Z6) That the business is not a public nuisance or has not been a public nuisance at any
time within the last five years; and
L7) That the applicant, his employee, agent, or any person connected or associated with
applicant as partner, director, officer, stockholder, associate, or manager 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 finance, and
(28) 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. (Ord. 782)
5 36 110 NOTICE OF DECISION.
Notice of decision of the olannina commission or director of finance with reference to a
permit application or renewal under this chapter shall be made to the applicant or to any other
person requesting such notice within forty -five days after receipt of application for a permit or
renewal of such permit (Ord 782)
5 36 120 APPEAL PROCEDURE - APPEAL
Any person aggrieved by the decision of the olannina commission with
reference to the approval or denial of an application for a new entertamment permit or -ibe
director of finance for a eK renewal of a entertainment such permit or suspension of a permit,
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shall have the right of appeal to the atv council An appeal must be perfected within fifteen days
after notice of the decision or order of suspension by filing with the city clerk a letter of appeal
briefly stating therein the basis for such appeal, together with a filing and processing fee in the
sum of fifty dollars. (Ord. 782)
5 36 130 WAIVER.
Failure to file a letter of appeal within said fifteen days shall constitute a waiver of
appellant's right to a hearing but the city council in its discretion may nevertheless grant such a
hearing (Ord 782)
536.140 NOTICE OF HEARING
The city clerk shall fix the time and place of the hearing at a date no more than twenty -
five days after receipt of the letter of appeal. The city clerk shall give the appealing party and any
other person requesting the same at least five days' notice of the time and place of such
hearing. The notice shall be substantially in the following form, but may include other
information
"You are hereby notified that a hearing will be held at ......... on ..., at the hour of......, at
which time you may show cause why the appeal which you have filed should be sustained."
(Ord. 782).
5 36 150 HEARING
At the time and place set for the hearing upon the appeal from the decision ofd
planning commission or the director of finance, the city council shall give the appealing party,
and any other interested party, a reasonable opportunity to be heard, in order to show cause why
the determination of the planning commission or director of finance should not be upheld. In all
such cases, the burden of proof shall be upon the appellant to show that there was no
substantial evidence to support the action taken by the planning commission or director of
finance The determination of the city council shall be final and conclusive (Ord 782)
5.36160 APPEAL PROCEDURE
Procedures for appeals and hearings under this chapter may be adopted by a resolution
of the city council (Ord 782)
5.36.170 ISSUANCE AND DURATION OF PERMIT.
If the application for a permit or renewal of such permit is approved, the director of
finance shall issue the permit, and shall strictly limit such permits to the terms of the application
(Ord 782)
5 36 180 DURATION
Any permit issued pursuant to this chapter shall expire on December 31 st of the year of
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issuance, provided however, that permits issued after October 31 st of any year shall expire on
December 31 st of the next succeeding year. (Ord. 782).
5.36.190 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)
5 36 200 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)
5.36.210 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 Sections 5.36.220 though 5.36.240 and such supplemental rules and
regulations as may be recommended by the city manager and adopted by resolution of the city
council, posted immediately adjacent to the permit in a conspicuous place upon the licensed
premises in open and clear view of customers. (Ord. 782).
5 36 220 SOLICITATION OF DRINKS.
It shall be unlawful for any person employed in any establishment for which a permit is
required under this chapter to solicit or accept drinks of alcoholic beverages from any customer
while so employed (Ord 782)
536.230 HOURS OF ENTERTAINMENT
It shall be unlawful for any person to conduct, show, stage, perform, produce, or permit
any entertainment between the hours of two a m and six a m. in any establishment for which a
permit is required under this chapter except by specific prior written authorization of the chief of
police and under the conditions therein set forth. (Ord. 782).
5.36.240 CONDUCT UPON PREMISES REQUIRED TO BE LICENSED
It shall be unlawful for any person to violate any of the following rules and regulations
(1) Dancing is prohibited between two a m and six a m on any day,
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(2) The room, hall or other place where dining and dancing are permitted 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,
(3) No person shall pay or receive any fee or remuneration to be a dancing partner with
any other person This provision shall not apply to professional paid entertainers when
performing as such (Ord 782).
El Segundo MuniQWal Code.
5 36 250 SUSPENSION AND REVOCATION.
The chief of police shall suspend any permit issued hereunder, if he finds
(1) That the operation, as conducted by the applicant does not comply with all the health,
zoning, fire, noise and vibration, building and safety requirements and standards of the laws of
California and this code applicable to such business operation,
(2) That the applicant, his employee, agent or any person connected or associated with
applicant as partner, director, officer, stockholder, associate or manager
A Has been convicted in a court of competent jurisdiction, by final judgment
of
An offense involving the presentation, exhibition, or performance
of an obscene production, motion picture, or play, or
An offense involving lewd conduct, or
III. An offense involving the use of force and violence upon the person
of another. or
IV An offense involving misconduct with children, or
V An offense involving the maintenance of a nuisance in connection
with the same or similar business operation,
B. Has committed within the last five years any offense described in
subparagraphs I. through v. of paragraph A of this subsection,
C. Has allowed or permitted acts of sexual misconduct to be committed
within business operations,
(3) That 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
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report or record required to be filed with any city agency,
(4) That the business is a public nuisance or has been a public nuisance at any time
within the last five years,
(5) That 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 chief of police with regard to matters of suspension shall be
appealable in the time and manner set forth in Sections 5 36.120 through 5 36 160 of this
chapter
The chief of police, 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 said order
shall be effective immediately if personally served, or forty -eight hours after the same has been
deposited in the course of transmission in said United States Postal Service
Immediately upon such an order becoming effective, the permittee shall cease all
operations under such permit. (Ord. 782).
5.36.260 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 36 120 through 5 36 160 of this chapter
Where an appeal is filed, the order shall 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 Sections 5 36 120 through 5 36 160 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 conclusive (Ord. 782).
5 36 270 EXEMPTIONS - NONPROFIT ORGANIZATIONS
An entertainment permit shall not be required of any bona fide nonprofit organization
(Ord. 782)
5.36.280 CITY PROPERTY
An entertainment permit shall not be required of any person in connection with the use of
city property, unless such property is leased for a period which exceeds seven consecutive days
(Ord. 782)
5.36290 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
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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)
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NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
Chapter 9.06 NOISE AND VIBRATION REGULATIONS
Sections:
Page 1 of 10
9.06.010
DECLARATION OF POLICY
9 06 015
VIOLATION - PENALTY - INFRACTION.
9.06.020
VIOLATION - PUBLIC NUISANCE
9 06 025
DEFINITIONS
9 06 030
SOUND LEVEL MEASUREMENT CRITERIA
9 06 040
NOISE STANDARDS
9.06.050
NOISE LEVEL MEASUREMENT
9.06.060
LOUD, UNUSUAL AND UNNECESSARY NOISE.
9.06065
STANDARDS - CRITERIA
9 06 070
SPECIFIC PROHIBITIONS
9.06.075
VIBRATIONS
9.06080
EXEMPTIONS
9 06 090
PERMITS
9.06.100
ENFORCEMENT
9 06 110
IMMEDIATE THREATS TO HEALTH AND WELFARE.
9.06120
USE OF POLICEMEN AT PARTIES OR GATHERINGS REQUIRING A
SECOND RESPONSE
9 06 010 DECLARATION OF POLICY
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)
9.06.015 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)
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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
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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 Si -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)
906.030 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, 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 rtv - 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
Draft Revised 10/20/98
NOISE STANDARDS ADJUSTMENTS
Permitted Duration of
112
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NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
Increase
(dBA)
Increase
(minutes)*
0 ... .. . .. ... 30
5 ...................... .............................15
10 5
15....... .......... ... ... 1
20 less than 1
Cumulative minutes during any one hour.
Page 4 of 10
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)
9.06050 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 slesed position (Ord 1242 superseding Ord
958).
9 06 060 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).
9.06.065 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 10/20/98
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
(7)
(8)
(9)
(10)
(11)
1242).
9 06 070
Page 5 of 10
The density of the inhabitation of the area within which the noise emanates;
The time of the day or night the noise occurs;
The duration of the noise;
Whether the noise is recurrent, intermittent or constant; and
Whether the noise is produced by a commercial or noncommercial activity. (Ord
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, budding 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
L Using or operating for any commercial purpose any loudspeaker,
public address system, or similar device on a public right -of -way or public
space
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
(c) Powered Models
L Operating or permitting the operation of powered models (Ord 1242
superseding Ord. 958).
9 06 075 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 building 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 carriers. (Ord
1242 superseding Ord 958)
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
906.090 PERMITS
(1) The noise control officer may grant Amplified Sound Permits (for entertainment or
other non- entertamment uses) or Noise Permits (for construction related uses) 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 eK that compliance would be impractical.
(4)
shall not be granted to waive compliance with Sections 9.06.015 or 9 06.020 �.
(§2) 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 anv 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
(Z3) 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 or noise permits shall be
for a maximum time period not to exceed one year 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 10/20/98
116
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
($4) Application for extension of time limits specified in subsection (3) of this section or
for modification of other substantial conditions shall be treated as an initial application for a permit.
(26) The noise control officer may issue guidelines defining the procedures to be followed
in applying for a permit
(146) Unless otherwise specifically exempted by this Chapter, amplified sound permits
shall be required for all exterior activities which utilize amplified sound; such as, but not limited to,
outdoor gatherings, dances, shows, performances or carnivals, unless an Entertainment Permit
pursuant to Chanter 5.36 has been issued for the business premises.
(1,7-) Any appeal of the decision of the noise control officer with respect to any amplified
sound or noise permit mufit may 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.
(3) Any person subject to an order issued by the noise control officer pursuant to this
section shall comply with such order until.
Draft Revised 10/20/98
117
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
(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 parry 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
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
Draft Revised 10/20/98
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DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
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)
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119
P \zoning \ea419a \9 06 txt
EA- 41 9A/GPA 97- 3A/ZTA 97 -3A Page 10 of 10
DRAFT AMENDMENTS - OCTOBER 20, 1998
NOISE AND VIBRATION REGULATIONS - EXHIBIT 3
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; aael�
B. Architectural Landscape Features which exceed the standards set forth in
Section 20 12 170: and.
Draft Revised 10/20/98
120
P \zoning \ea419a \9 06 txt
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: October 20, 1998
AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Open Public Hearing on AB 3229 and adoption of resolution accepting a law enforcement block grant of
$37,375 and authorizing its recommended use
RECOMMENDED COUNCIL ACTION
Open Public Hearing
Discussion
Adopt Resolution
INTRODUCTION AND BACKGROUND:
The California Assembly passed legislation in 1996 that provides block grant funds for Supplemental Law
Enforcement Services as part of the Citizens Option for Public Safety (COPS) program (AB 3229)
All funds received under this grant must be used to supplement law enforcement activities and cannot be
used to supplant Based on the projected grant the City of El Segundo will receive approximately
$37,375 This will be the third year that funds have been received under AB 3229
DISCUSSION:
Government Code § 30061(c) (1) requires that a public hearing be held to consider the expenditure of the
grant funds and for the opportunity for the public to provide input
A number of items were submitted for expenditure purposes, see attached staff report for a complete list
ATTACHED SUPPORTING DOCUMENTS:
Resolution by City Attorney Mark Hensley
Staff report by W G Krumbach
Copy of Government Code § 30061, 30062, 30063, 30064 and 30065
FISCAL IMPACT:
(Check one) Operating Budget: ❑ Capital Improv. Budget: ❑
Amount Requested- $37,375
Project/Account Budget:
Project/Account Balance: $80,135 Date: June 30, 1998
Account Number: 702 - 300 - 8135 -3703
Project Phase:
Appropriation Required —Yes ❑ No ❑
ORIGINATED: Date: October 13, 1998
/0 ,, / e
121 5
RESOLUTION NO.
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.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS
FOLLOWS
WHEREAS, Assembly Bill 3229 (AB 3229) (Brulte) was chaptered into law on July 10,
1996 for the purpose of local law enforcement supplemental funding, and
WHEREAS, AB 3229 provides $100,000,000 statewide for the Citizens for Public Safety
(COPS) Program, and
WHEREAS, the County of Los Angeles has established a Supplemental Law
Enforcement Service Fund (SLESF) in accordance with Section 30061 of the Government
Code to receive AB 3229 funds which have been allocated for use in Los Angeles County, and
WHEREAS, the City of El Segundo participates in the COPS Program and receives its
share of any funds available for the purpose of ensuring public safety, and
WHEREAS, the City has established its own Supplemental Law Enforcement Service
Fund (SLESF) in accordance with Section 30061 of the Government Code, and
WHEREAS, the City Council has conducted a public hearing to consider funding
requests from the Chief of Police and shall determine each submitted request as required by
AB 3229
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Segundo
directs that it shall maintain its own Supplemental Law Enforcement Service Fund (SLESF) as
required by AB 3229 and State law pursuant to Government Code Sections 30061 and 30063
BE IT FURTHER RESOLVED that the City Council of the City of El Segundo hereby
requests that the City's share of the funding be allocated to SLESF for purposes of front -line
law enforcement
The City Clerk shall certify to the passage and adoption of this Resolution, shall enter
the same in the book of original resolutions of the City, and shall make a minute of the passage
and adoption thereof in the records of proceedings of the City Council of the City, in the minutes
of the meeting at which the same is passed and adopted
RESOLUTION NO
IMPLEMENTING COPS PROGRAM
PAGE NO 1
122
PASSED, APPROVED, AND ADOPTED this 201h day of October, 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 20th
day of October, 1998, and the same was so passed and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
123
APPROVED AS TO F RM
�`'% La
Mark D Hensley, City Attorney
RESOLUTION NO
IMPLEMENTING COPS PROGRAM
PAGE NO 2
& (2 Veg rzdo
Inter - Departmental Correspondence
September 24, 1998
To: Tim Grimmond, Chief of Police
From: Walt Krumbach, Administrative Lieutenant
Subject: Public Hearing and Adoption of Resolution for Block Grant Funds
BACKGROUND
During the 1996 California legislative session the state government adopted legislation to
provide a block grant for law enforcement purposes, known as AB3229 The process
adopted by the legislation requires a public hearing to consider the expenditure of funds
and to ensure the opportunity for public input These funds are part of the $3 billion
collected from property taxes in California El Segundo will receive an estimated
$37,375 this year
All funds received under this block grant must be utilized to supplement local law
enforcement activities and cannot be used to supplant existing funding However,
AB3229 does not mandate the money be spent and allows agencies to accumulate the
funds year to year Our fund currently has a balance of approximately $80,000
In consideration for the use of these grant funds the following are submitted as possible
uses
• Convert the department from Glock 45 caliber handguns to Glock 40 caliber
handguns Full size (Model 23) for patrol, motors and SWAT, sub - compact (Model
27) for detectives, administration and off -duty use
• Crime analysis computer system to provide statistical data for the crime prevention,
detective and patrol divisions
• Continue to accrue these funds to be used in the construction of the Communications
Center starting in 1999
• Additional funding of the overtime budget for a special problems - onentated task
force
Approval of the recommended expenditures will enhance the ability of front line El
Segundo Police Officers to deliver their services to our community
In order to comply with the provisions of Government Code Section 30061, et al a Notice
of Public Hearing will be placed in the October 1, 9 and 15, 1998 edition of the El
Segundo Herald
124
Tim Gnmmond
September 24, 1998
Page 2
RECONEVIENDATION
It is recommended that the City Council holds a public hearing relating to the proposed
expenditures provided for in the State Grant and adopt a resolution authorizing these
items and any other uses they might select
WGK em
Attachments
125
ATTACHMENT
Supplemental Law Enforcement Services Fund
Certified Expenditure Report
Certification Period: July 1, 1997 - June 30, 1998
Recipient Agency. CITY OF EL SEGUNDO
1997 -98 SLESF Allocation Amount $ 37,375
Certification Statement:
I hereby certify that this agency has created a Supplemental Law Enforcement Services
Fund ( SLESF).
All Supplemental Law Enforcement Services funds allocated to this agency have been
retained in the SLESF pending expenditure, and have not been Intermingled with other
agency funds Pending expenditure, these funds have only been Invested in safe and
conservative Investments.
Monthly SLESF Investment and allocation reports have been submitted to the governing
body and the chief law enforcement official of this agency
On or before September 1, 1998, the attached annual SLESF consolidated allocation
report was submitted to the governing body and the chief law enforcement official of this
agency
All SLESF monies expended by this agency have been expended in accordance with State
law, have been used to supplement existing services, and have not been used to supplant
any existing funding for law enforcement services provided by this entity.
The annual SLESF consolidated allocation report, the governing body action appropriating
SLESF monies, the approved written request for funds, and the closing budget report are
submitted in support of this certification
Signature of Mayor or Chairman
Title
Date Signed
slesf an 8/27/98
126
ATTACHMENT II
Supplemental Law Enforcement Standardized Forms
Los Angeles Oversight Committee Summary
County For the Fiscal Year Ended June 30, 1997
Categories City Name
Beginning Fund Balance 1 0
REVENUE
State Funding $ 37,371
Interest Revenue 1,385
Other Revenue
Total Revenue 38,756
EXPENDITURE
Salaries and Benefits 0
Services and Supplies 0
Equipment 0
Administrative Overhead -
Total Expenditure 0
Excess(deficiency) of Revenues
over(under) Expenditures
Ending Fund Balance 9A, 756
STATISTICAL DATA
Positions
Sworn Officers
Correctional Officers
Prosecuters
Investigators
Support Staff
Total Positions
127
Los Angeles
County
ATTACHMENT II
Supplemental Law Enforcement Standardized Forms
Oversight Committee Summary
For the Fiscal Year Ended June 30, 1998
Categories
Beginning Fund Balance
REVENUE
State Funding
Interest Revenue
Other Revenue
Total Revenue
EXPENDITURE
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Expenditure
Excess(deficiency) of Revenues
over(under) Expenditures
Ending Fund Balance
STATISTICAL DATA
Positions
Sworn Officers
Correctional Officers
Prosecuters
Investigators
Support Staff
Total Positions
City Name
128
37.374.85
4.004.24
80,135.09
80,135.09
0
39
108
09/09/98
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14:28 FAX 213 620 1381
GOVERNMENTS BODE
CAO HELP / FIN
Historical and Statutory Notes
19% Letialation
Sections 1 and 6 of Prop. 217 provide:
- Section L The people of the State of California do
hereby and end declare all of the following.
"(a) Loral taxpayers have the right to sec their proper-
ty tax dollars controlled locally and spent for the local
cervices they need But every year since 1492, Against
the wishes of local government and taxpayers, the state
government has taken at least three billion six hundred
million dollars ($3,600,000,006) of property taxes from the
cities and counties to cover the state's budget deficit
"(b) This property tax ahilt from local government can-
trot to state government has severely damaged the ab0ity
of local governments to provide basic local services such
as police, sheriffs, fire, parks, Libraries, emergency medi-
cal services, and child protection.
"(c) To replace the hinds taken by the state govern-
ment, ordinary taxpayers have been burdened with in-
creased sales taxes and other taxes and increased fees at
the local level even as local services have been cut
"(d) Instead of reversing this tax shift from the,state
back to local control, the state Legislature gave an eight
hundred mOHon dollars ($W0,000,000),tax break to the
wealthiest 12% of Californians by-reducing the top in.
come tax brackets in 1996. These wealthiest 12% of
taxpayers will receive at )east four billion dollars
($4,000,000.000) in tax breaks over the next 6 years while
local services will suffer and average taxpayers get no
relief.
"(e) When tax measures which fail on ordinary citizen,
such as sales tax incressesti were due to end, the state
Legislature has continued them or provided for a vote of
the people on their continuation. But when income tax
rates on only the very wealthiest 12% of taxpayers were
due to expire, the state Legislature refused to even allow
10 002
A NheGt w.e...tt 3
a vote of the people an continuing the top income tax
brackets.
"(0 Reversing these two actions of the Legislarare-
the property tax shift and the tax cut for the wealthy -
966l help restore stability to city and county services, will
relieve the burden on local taxpayers, and will improve the
fiscal and economic condition of the entire state of Califor-
nia
"(g) Thus, the people of the State of California enact
the 'Local Control and Fiscal Responsibility Act' to pro-
vide dues and counties with fiscal relief and restoration in
proportion to the revenue loss that each local agency
sustains as a result of the continued financing of the state
budget at the expense of local government, and to pay for
the amount of Oscal relief and restoration as can be
financed by continuing those top Lhoeme tax rates -an the
wealthiest taxpayers that would otherwise expos in 1996.
"(h) It is the intent of the people of the State of
California to restore the historical connection of basic local
government services to the local property tax In view of
the complexity of both the method by which the Legfala-
ture transferred property tax revenues from lotal-agen.
des and of reversing this transfer by the fnitlattve pro
eesC'the peoph hereby elff upon, the &IASWabuv'and
Governor to, taks those actions that *are aecesu iry to
reverse the property tax shift 1roon cities, counties, and
special districts in a manner that maintains and is consis-
tent with the funding and allocation levels resulting from
this measure."
"Section & The Legislature may amend this measure
only by a statute, pawed in each house of the Legislature
by a tw&*d ds vote, that is consistent with and furthers
the purposes of this measure. However, the Legislature
may enact a statute to implement subdivision (h) of Sea
lion 1 of this measure with the approval of only a majority
of each house of the Legislature."
Chapter 6.7
SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDING
Section
3OD61. Establishment of fund; allocations; local
appropriations.
30062. Expenditures.
SOD63. Transfers and intermingling of funds; in-
vestment; reports.
Section
30064. Supplemental law enforcement oversight
committees;- composition; annual re-
view and report.
30065. Construction of chapter.
Chapter 6.7 rags added (ry Sta1s1996, a 134 (AB.=9), 3 Y, eo: July 10, 1996.
ft 30061. Establishment of fund; sllocationa; local appropriations
(a) There &hall be established in each county treasury a Supplemental Law Enforcement Services
Fund (SLESF), to receive all amounts allocated to 6 county for purposes of implementing this chapter.
(b) In any fiscal year for which a county receives money to be expended for the implementation of this
chapter, the county auditor ahall allocate money& in the county's Supplemental Law Enforcement
Services Fund (SLESF), including any interest or other return earned on the investment of those
moneys, within 30 days of the deposit of those moneys into the fund, and shall allocate those moneys in
accordance with the following requirements:
(1) Twelve and one -half percent to the county sheriff' for county jail construction and operation. In the
rase of Madera, Nana, and Santa Cara Counties this allocation shall be made to the county director or
cruel of correction.
(2) Twelve and one-half percent to the district attorney for criminal prosecution.
Additions or changes Indicated by underline; deletions by asterisks • • •
117
129
09/09/98 14:29 FAX 213 620 1381
(3) Seventy-4ve pi
San Matec, • ' • E
Protection District,
s District, the
and Community e
county an the uninci
the County of San
Co mmuni Services'
unty. and the Ken:
as specified in the in
Finance. No person
CAO HELP / FIN 10003
GOVERNMENT CODE
to the county and the cities within the county, and, In the ease of the
Uldvou and Contra Costa Counties, also to the ' ' • Broadmoor Police
iar Valley Community Services tract, the Stallion Springs Communnv
Shastina Commum Sernces Dtstri and the Kensin n Police Protection
hstrict, in accordance with the relative population of the cities withinthe
'AT—nrp a of the county, and the • ' • Broadmoor Police Protection District, In
, the Bear Valley Community Services District and the Stallion Sormn
t in Kern County, the Lake hastma Community Services District in Srslayou
i Police Protection and Commumty Services District in Contra Costa County,
:eat January estimate by the population unit of the Department of
n¢ within the ' • • Broadmoor Police Protection District the Bear Vall ey
also be counted as residing within the unincorporated area or the County 01 Dart mates nern arses you
or Contra Costa or within any city located within those counties. Moneys alloea to the county
pursuant to tins sabdivision shall be retained in the county SLESF, sad -numeys-allocated to a city
pursuant to this subdivision shall be deposited in a SLESF established in the city treasury.
(c) Subject to subdivision (d), for each fiscal year in which the county and each city, and the
Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs
), the county and each city &hall appropriate those moneys in accordance with the folleaing-procedurea:
(1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated
moneys exclusively to provide font line law enforcement services, other than those services specified in
paragraphs (1) and (2) of subdivision (b), in the unincorporated are of the.county, in response to written
requests submitted to the board by the county sheriff and the district attorney. Any request submitted
pursuant to this paragraph shall specify the front line law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to meet those needs. The board shall,
at a public hearing held in September in each year that the Legislature appropriates funds for purposes
of this chapter, consider and determine each submitted request within 60 days of receipt, pursuant to the
decision of a majority of a quorum present The board shall consider these written requests separate and
apart from the process applicable to proposed allocations of the county general fund.
(2) In the ease of a city, the city council shall appropriate existing and anticipated moneys exclusively
to fund front line municipal police services, in accordance with written requests submitted by the chief of
police of that city or the chief administrator of the law enforcement agency that provides police services
for that city. These written requests shall be acted upon by the city council in the same manner as
specified in paragraph (1) for county appropriations.
(3) In the case of the • • • Broadmoor • • • Police Protection District within the County of San
Mateo, the Bear Valley Community Services District or the Stallion Son rtgs ommunity Services District
iegisiatrve body of that special district shall appropriate existing and anticipated moneys exclusively to
fund front line municipal police services, in accordance with written requests submitted by the chief
administrator of the law enforcement agency that provides police services for that special district These
wntten requests shall be acted upon by the legislative body in the same manner specified in paragraph
(1) for county appropriations.
(d) For each fiscal year in which the county, a city, or the • • • Broadmoor Police Protection District
within the County of San Mateo, the Bear Valley Community Services District or the Stalon SR nes
t;osts Uourl receives any moneys pursuant to this chapter, in no event shall the governing body of any
of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that
same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b).
(Added by Stats.1996, c. 134 (A.B2229), 4 2, eff. July 10, 1996. Amended by Stats.1996, c. 704 (S.B.366),
1 1.)
Historical and Statutory Notes
1999 Legislation public safety, and to that end the Legislature hereby
Section 1 of Stats1996, e. 134 (A.B2W), provides- enacts the Citizen's Option for Public Safety Program
'(a) The Legislature hereby Ends and declares that (COPS).
there is a compelhag need for additional resources to be '(b) In light of the Legislature having appropriated one
apphed at the local level for the purpose of ensuring hundred milhon dollars ($100,000,000) in the Budget Act
Additions or changes Indicated by underline; deletions by asterisks
130 118
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14:31 FAX 213 620 1381
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,3) of subdivision
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1 and anticipated
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ds for purposes
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;is separate and
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une manner as
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exclusively to
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allion Springs
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dety Program
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e Budget Act
(;0VE)'tWMtNT CODE
CAO HELP / FIN
or 1906 for the support of the OOPS program m the
1996 -97 aural year, the Controller shall allocate those
budgeted moneys among each Supplemental Law En.
forcement Services Fund (SLESF), established by each
county and city and county pursuant to subdivision (a) of
Seodon 30061 of the Government Code, in accordance aith
the resides in eaoch county and city state's
and county, wasp determined
ii resides h tY
ii 30062. Expenditures
(0 004
§ 30063
on the hosts of the most recent January population esu-
mates developed by the Department of Finance The
Controller shall make as disbursements upon the request
of an individual county or city and county that has estab-
hahed a SLESF, and his established an overnight commit-
tee pursuant to Section 30064 of the Government Code for
the 1996 -47 fiscal year no later than September 15, 1996.11
(a) Except as required by paragraphs (1) and (2) of subdivision (b) of Section 30061, moneys allocated
from a SLESF to a recipient entity shall be expended exclusively to provide front line law enforcement
services These moneys shall supplement existing services, and shall not be used to supplant, any
existing funding for law enforcement services provided by that entity.
(b) In the Counties of Los Angeles, Orange, and San Diego only, the district attorney may, in
consultation with city attorneys in the county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city attorneys In the county in each fiscal year
to fund the prosecution by those city attorneys of misdemeanor violations of state law.
(c) In no event Mall any moneys allocated from a SLESF be expended by a recipient agency to fund
either of the following. ,
(1) Administrative overhead costa in excess of 0.5 percent of a recipient entity's SLESF allocation for
that year.
(2) The costs of any capital project or construction project funded from moneys allocated pursuant to
paragraph (3) of subdivision (b) of Section 30061 that does not dimetly support front line law enforcement
services.
(d) For purposes of this chapter. "front line law enforcement services" and "front line municipal police
services" each include antigang and community crime prevention programs.
(Added by Stats.1996, a 134 (A.B2W), f 2, eff. July 10, 1996.)
Historical and Statutory Notes
1996 Legislation
Legislative findings and declarations relating to Stats.
19%. e. 134 (A.B=), see Rutertral and Statutory Notes
under Government Code 130061.
4 30063. Transfers and intermingling of funds; investment; reports
(a) The Supplemental Law Enforcement Services Fund (SLESF) in each county or city is to be
expended exclusively as required by this chapter. Moneys in that timid shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city treasury, except that moneys may
be transferred from the SLESF to the county's or city's general fund to the extent necessary to facilitate
the appropriation and expendrnrre of those transferred moneys in the manner required by this chapter.
(b) Moneys in a SLESF may only be invested in safe and conservative investments in accordance with
those standards of prudent investment applicable to the investment of trust moneys. The treasurer of
the county and each city shall provide a monthly SLESF investment report to either the police chief or
the county sheriff' and district attorney, as applicable.
(c) The county auditor and city treasurer shall monthly detail and summarize allocations from the
county's or city's SLESF, as applicable, in a written, public report filed with the Supplemental Law
Enforcement Oversight Committee (SLEOC), the county board of supervisors or city council, to
applicable. and the county sheriff or polite chief, as applicable. On or before September 1, 1998, and
annually on or before September 1 thereafter, the county auditor and each city treasurer shall file with
those entities or persons specified in the preceding sentence a consolidated written report, of the same
nature as the monthly report required pursuant to the preceding sentence, with respect to SLESF
Allocations for the entirety of the immediately preceding fiscal year.
(Added by Stats.1996, c. 134 (A.B.3229), § 2, elf. July 10, 1996.)
Additions or changes Indicated by underline; deletions by asterisks •
1U
09/09/98 14:32 FAX 213 820 1381 CAO HELP / FIN 19005
evil
§ 30063 GOVERNMENT Co>
Historical and Statutory Notes e
19% Legslation
Legialatrve findings and declarations relating to Stau.
1996.0.13/ (A.B.,im), we Historical and Statutory Notes
under Government Code 1 30061.
1 30064. Supplemental law enforcement oversight committees; composition; annual review and
report
(a) There is in each county a Supplemental Law Enforcement Oversight Committee ( SLEOC),
consisting of five members as follows:
(1) One municipal police chief.
(2) The county sheriff.
(3) The district attorney.
(4) The county s executive officer.
(5) One city manager. i1
(b)(1) The cities in each county shall organize as a city selection committee for the purposes o
appointing a city manager and a municipal police chief to the Supplemental Law Enforcement Oversigh
Committee. Each appointment shall be made by not less than a majority of all the cities in the county
having not less than a majority of the population of all the cities in the county. For purposes of the'
preceding sentence, population figures shall be'determined on the bails of the most recent census data
developed by the Department of Finance.
(2) The SLEOC shall determine whether recipient entities have expended moneys received from the
Supplemental Law Enforcement Services Fund (SLESF) in compliance with this chapter. For this
purpose, the SLEOC shall at least annually review the expenditure of SLESF funds by city police
departments, the county sheriff, and the district attorney, and shall make its annual review report
available to the public-
(Added by Stats.1996, c. 134 (A.B.3229), 1 2, eff. July 10, 1996.)
Historical and Statutory Notes
39% Legislation
Leguladve Endings and declarations relatmg to Stata.
19K c 134 (A.BJM), see Historical and Statutory Notes
under Government Code 130081.
1 50065. Construction of chapter
In no event shall this chapter be construed to affect in any manner the public safety service allocations
required by Chapter 6.5 (commencing with Section 30051).
(Added by Stats.1996, c. 134 (A.B.3229),1 2, eff. July 10, 1996.)
Historical and Statutory Notes
1996 Lerialation
Legmladve Endings and declarations relating to State.
1996, c. 134 (AB.3229), am RLstonal and Statutory Notes
under Goverment Code 130061.
Chapter 10
ORANGE COUNTY FINANCIAL CONTROL
Section • Section
30400. Acceptable plan of adjustment; Interests 30402.
of state and public debt issuers; trust.
ce' 30403.
30400.5. Definitions.
30401. Appointment of trustee; qualifications;
reports; financial plan; powers.
Additions or changes Indicated by underline;
Trustee's powers; board of supervisor's
powem
Employment of staff; appointment of
state employees for duration of trust.
eeship.
deletions by asterisks •
(
132
EL SEGUNDO CITY COUNCIL MEETING DATE: 20 October 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
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
COUNCIL ACTION:
1) Discussion,
2) Second Reading of Ordinance by title only, and,
3) By motion, Adopt Ordinance
INTRODUCTION AND BACKGROUND:
On 06 October 6 1998, the City Council held a public hearing on the above referenced item to review modifications to
the Zoning Code to change the required side yard setback for residential property from the current minimum of 5 feet
to a standard of 10% of the lot width for all residential zones At that time, the City Council Introduced an Ordinance
to amend various sections of the City's Zoning Code and adopt a Negative Declaration of Environmental Impacts The
attached Ordinance is presented for a second reading and Adoption If adopted without change, the provisions will
become effective in thirty days time
ATTACHED SUPPORTING DOCUMENTS:
A City Council Ordinance No
FISCAL IMPACT:
None.
ORIGINATED Date 09 October 1998
4� _V, I
Bret B Bernard, AICP, Director of Plammnq and Buildinq Safety
REVIEWED BY: Date:
i %'Z
133
ais
0
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.
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 September 24, 1998, the Planning Commission did conduct, pursuant to law, duly advertised
public hearings on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law,
and
WHEREAS, on September 24, 1998, the Planning Commission adopted Resolution No 2427 Recommending
approval of the Zoning Text Amendment and
WHEREAS, on October 6, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing
on revisions to the 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 -453 and ZTA 98 -5, the revisions to the Zoning Code, and
WHEREAS, at said hearings the following facts were established
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
State law requires that zoning be made consistent with the General Plan
ORDINANCE NO 1288
APPROVING ENVIRONMENTAL
ASSESSMENT EA -453 AND ZONE TEXT
13 4 AMENDMENT ZTA 98 5
PAGE 1
NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed
Environmental Assessment EA -453 and ZTA 98 -5 the City Council finds as follows
GENERAL PLAN
The proposed Zoning Code Amendments are consistent with the 1992 General Plan
ZONING CODE
The proposed Zoning Code Amendments are consistent with the existing Zoning Code
ENVIRONMENTAL FINDINGS
The Draft Initial Study was made available for public review and comment in the time and manner prescribed
by law The Initial Study concluded that the proposed protect will not have a significant, adverse effect on the
environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California
Environmental Quality Act (CEQA), and
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 authorizes and directs the Director of Planning and Building Safety to file with the
appropriate agencies a Certificate of Fee Exemption and de mmimis 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 City shall transmit $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 hereby approves EA -453, ZTA
98 -5, and adopts changes to the El Segundo Municipal Code as follows
SECTION 1. Section 20 20 060 D 2 of Chapter 20 20, Title 20, of the El Segundo Municipal Code is
amended to read as follows
Side Yard Structures shall maintain a minimum setback on each side of the lot of 10
percent of the width of the lot, but shall never be less than 3 feet and need not be
more than 5 feet Detached accessory structures, located in the rear one -third of the
lot, are allowed zero setback on one interior side lot line
SECTION 2. Section 20 22 060 D 2 of Chapter 20 22, Title 20, of the El Segundo Municipal Code is
amended to read as follows
Side Yard Structures shall maintain a minimum setback on each side of the lot of 10
percent of the width of the lot, but shall never be less than 3 feet and need not be
more than 5 feet Any detached accessory structures, and attached garages on 25 foot
wide lots only, located on the rear one -third of the lot, are allowed zero setback on
one interior side lot line.
ORDINANCE NO 1288
APPROVING ENVIRONMENTAL
ASSESSMENT EA -453 AND ZONE TEXT
AMENDMENT ZTA 98 -5
135 PAGE 2
SECTION 3. Section 20 24 060 D 2 of Chapter 20 24, Title 20, of the El Segundo Municipal Code is
amended to read as follows
Side Yard facing aside street 10 percent of the width of the lot, but shall never be
less than 3 feet and need not be more than 5 feet, except if parking garages or covered
parking spaces are located in a sideyard and face a street, then the setback shall be 20
feet
SECTION 4. Section 20 24 060 D 3 of Chapter 20 24, Title 20, of the E1 Segundo Municipal Code is
amended to read as follows
Side yard facing an adjacent lot 10 percent of the width of the lot on each side of the
lot, but shall never be less than 3 feet and need not be more than 5 feet Detached
accessory structures, located in the rear one -third of the lot, are allowed zero setback
on one interior side lot line
SECTION 5. Section 20 45 060 D 2 of Chapter 20 22, Title 20, of the El Segundo Municipal Code is
amended to read as follows
Side yard 10 percent of the width of the lot on each side of the lot, but shall never
be less than 3 feet and need not be more than 5 feet, except if parking garages or
covered parking spaces are located in a sideyard and face a street, then the setback
shall be 20 feet
SECTION 6. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the
final passage and adoption hereof
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall ause the same
to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof 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
ORDINANCE NO 1288
APPROVING ENVIRONMENTAL
ASSESSMENT EA 453 AND ZONE TEXT
AMENDMENT ZTA 985
PAGE 3
136
PASSED, APPROVED and ADOPTED this day of , 1998
Mike Gordon, Mayor
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 1288 was duly introduced by said
City Council at a regular meeting held on the 61e 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
APPROVED AS TO FORM
°-k
Mark D Hensley, City Attorn
p \zoning \ea453 \ea453 ord
ORDINANCE NO 1288
APPROVING ENVIRONMENTAL
ASSESSMENT EA -453 AND ZONE TEXT
AMENDMENT ZTA 98 -5
137 PAGE 4
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City of El Segundo
PAYMENTS BY WIRE TRANSFER
09/28/98 THROUGH 10109/98
DATE
Payee
Amount
Description
09/30
Healthcomp
3,24335
Weekly eligible claims week ending 09/27/98
10102
IRS
147,986 89
Federal Payroll Taxes P/R #7
10/02
Emp Dev Dept
31,023 65
State Paroll Taxes P/R #7
10/05
Employee Bond
35000
Employee Bond Purchase for Payroll #7
10/07
Healthcomp
30969
Weekly eligible claims week ending 10/06/98
DATE OF RATIFICATION, 10/20198
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
City Treasurer �^ L/
Finance Director 1,
City Manager
Date �-- // /(/-
Date /a 2 9 g
Date
182,913.58
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
139
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, October 6, 1998 - 5:00 P.M.
CALL TO ORDER Mayor Gordon at 5 00 P M
PLEDGE OF ALLEGIANCE - Counctlmember Nancy Wernick
ROLL CALL
Mayor Gordon
Mayor ProTem Jacobs
Counctlmember Wernick
Counctlmember Gaines
Counctlmember 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 M) 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 Hughes v City of El Segundo, LASC Case No BC 185210
4 Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903
5 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B121282 and Los Angeles No
BSO44667
6 El Segundo v Kilroy, LASC Case No YC 031166
7 El Segundo v Stardust, LASC Case No YC 031364
8 Solis v City of El Segundo, LASC Case No YC 029626
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 time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -3- 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
ADJOURNMENT at 6 55 P M
Cindy Mortesen, City Clerk
1006985p 140
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 6, 1998 - 7:00 P.M.
CALL TO ORDER Mayor Gordon at 7 00 P M
INVOCATION - Los Angeles Air Force Base Chaplain, Raymond L Johnson
PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick
PRESENTATIONS —
(a) Councilmember Gaines presented a Commendation to Major General Tattim regarding the Space &
Missile Center at the Los Angeles Air Force Base for Its observance of "NATIONAL POW/MIA
RECOGNITION DAY" focusing on our responsibility to stand behind those who serve our nation and
do everything possible to account for those who do not return
(b) Councilmember McDowell presented a Proclamation to Battalion Chief John Gilbert declaring the week
of October 4 -10, 1998 as Fire Prevention Week, declaring Sunday, October 11, 1998 as "FIRE SAFETY
DAY" in the City of El Segundo, and Inviting the community to participate from 10 00 a in to 100 p in
at Recreation Park on Sunday, October 11, 1998 in the FIRE SAFETY DAY celebration
(c) Mayor Protein Jacobs presented a Proclamation to Bill Mason, Chamber of Commerce President,
recognizing Saturday, October 10, 1998 for the "22w ANNUAL RICHMOND STREET FESTIVAL" and
commending the Chamber of Commerce for organizing this annual event
(d) Councilmember Wernick presented a Proclamation to Linda Blair on behalf of Connie Mesker, declaring
Saturday, October 24, 1998 as "AMERICAN HEART WALK DAY" in the City of El Segundo and
encouraging all citizens to support the work of the American Heart Association and participate in the
American Heart Walk
(e) Mayor Gordon accepted a Donation of $1,300 from El Segundo Optimist Club President, John Aull -
$1,000 on behalf of the City's youth drama program, and $300 on behalf of the Teen Center, and
presented a proclamation
(f) Mayor Gordon presented a Proclamation to JoAnn Edlefsen declaring Thursday, October 15, 1998 as "EL
SEGUNDO COMMUNITY THEATER DAY," commending the ESHS Friends of the Theater, and
inviting the community to the Variety Show at 7 30 p in at the El Segundo High School Community
Theater and the Special Reception at 6 00 p in at the Women's Club
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
141
ROLL CALL
Mayor Gordon
Mayor ProTem Jacobs
Councilmember Werriick
Councilmember Gaines
Councilmember 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 Four (4) individuals addressed Council
Sharon Puchalski, St Anthony Church, requested permission to obtain a 3 -day liquor license to operate
a Beer Garden in the Pansh Hall during their annual carnival on October 23 -25, 1998 and that City permit
fees be waived
MOVED by Mayor ProTem Jacobs SECONDED by Councilmember Gaines to approve St Anthony
Church's request for permission to obtain a 3 -day liquor license to operate a Beer Garden in the Parish
Hall during their annual carnival on October 23 -25, 1998 and that City permit fees be waived MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0.
Rich Reed, resident, spoke regarding musical education reform
Gerhardt Van Dne, resident, spoke regarding the unavailability of testing equipment to measure Hyperion
emissions; and suggested where the equipment could be stationed
4 Peggy Tyrell, resident, spoke regarding donation of computers to El Segundo's Sister City, Guaymas,
Mexico
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title only
MOVED by Councilmember Wernick SECONDED by Councilmember Gaines to read all Ordinances
and Resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0.
City Attorney Mark Hensley announced the Council's decision regarding settlement agreements and special
release with Hughes Communications, Inc, Hughes Electronics Corporation and Raytheon Company
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
142
B. SPECIAL ORDERS OF BUSINESS -
2. 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
Mayor Gordon stated this is the time and place hereto fixed for a 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
One Individual addressed Council
John Aull asked if this regulation would pertain to all food locations
MOVED by Councilmember Gaines, SECONDED by Councilmember Wemick to continue the public
hearing to October 20, 1998 at 7 00 P M MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
3 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 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 Council
MOVED by Councilmember Wermck SECONDED by Councilmember McDowell to continue the
public hearing to October 20, 1998 at 7 00 PM MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0.
4 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 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) 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 Council
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
143 PAGE
MOVED by Councilmember Wermck SECONDED by Mayor ProTem Jacobs to continue the public
hearing to October 20, 1998 at 7 00 P M MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
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
Mayor Gordon stated this is the time and place hereto fixed for a public hearing on 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 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
Director of Planning & Building Safety gave a brief staff report
One individual addressed Council
Jim Howe, 439 Lomita, supported the Ordinance
MOVED by Councilmember Wernick SECONDED by Councilmember McDowell to close the
public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
Councilmember McDowell referred to Page 2, Section 2 2, and requested that the word "of' be deleted
from the first sentence
City Attorney Mark Hensley read the following
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.
Mayor ProTem Jacobs introduced Ordinance No 1288 for first reading
C. UNFINISHED BUSINESS -
Request the City Council to obtain the telephonic answering services of AAM Communications for the
purpose of facilitating public noise and odor complaints related to the Los Angeles International Airport
and the Hyperion Water Treatment Plant to be funded by the General Expense Account for an estimated
amount of $1,725 00 (3 month trial period).
Chief Tim Gnmmond gave a brief staff report
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
144 PAGE4
MOVED by Counc>lmember Wernick, SECONDED by Councilmember McDowell, to approve
Contract No 2636, being a hotline telephonic answering and facsimile service with AAM
Communications to respond to complaints made regarding the Los Angeles Airport and the Hyperion
Water Treatment Plant, 5 00 p m. to 8 00 a in , Monday through Friday, 24 hours a day on a ninety day
trial basis MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS —
Vacancy of Small Business Representative position on Economic Development Advisory Council
Open recruitment to fill a vacancy for a Small Business Representative position on the Economic
Development Advisory Council and schedule Interviews for November 3, 1998 during the 5 00 p in
meeting
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 250408- 250713 on Demand Register Summary Number 05 in total amount of
$775,677 84, and Wire Transfers in the amount of $1,185,741 14
PULLED FOR DISCUSSION BY CLERK MORTESEN
10 Request for proposals from qualified consultants to develop a master street tree plan for the City of El
Segundo West of Sepulveda Boulevard
11 Request City Council's acceptance of an EPA grant awarded to the Fire Department and authorize the
Mayor to sign the Assistance Agreement Number 2635 to allow disbursement of funds Fiscal Impact
Approximately $15,000 award to City
12 Approved the Examination plans for designated Personnel Mont System Job classification, and the Police
Department's request to expand the Police Officer Trainee (academy graduate) recruiting base from the
top 10% to the top 25% of the graduating class
13 Proposed revisions to the class specification for the job classification of Community Cable Production
Assistant
14 PULLED FOR DISCUSSION BY COUNCILMEMBER GAINES
15 License Agreement No DACA 09- 3 -97 -14 between the U S Department of the Air Force and the City
of El Segundo, Contract Number 2637 for construction, operation and maintenance of two (2) bus stop
shelters on the U S Air Force Base property (fiscal impact expenditure of $500 00 of Proposition A
funds)
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
145
16 Resolution Number 4093 of the City Council of the City of El Segundo, California, approving the transfer
of Franchise Ordinance 1255 to Equilon California Pipeline Company LLC from Shell Pipe Line
Corporation
17 PULLED FOR DISCUSSION BY MAYOR PROTEM JACOBS
18 Award of annual Contract Number 2638 to C J Construction, Inc, for the repair of sidewalk, curb and
other minor improvements (estimated contract amount = $44,335 00)
19 Adopt specifications for installation of skid - resistant flooring for Fire Station No 1 - (estimated cost =
$25,000 00), project no PW 98 -8
20 Adoption of specifications for refurbishment and cleaning of air conditioning duct work in the City
Library (estimated cost = $35,000 00), project no PW 98 -9
21 Adoption of specifications for re- roofing the Joslyn Community Center - (estimated cost = $40,000 00),
project no PW 98 -7
22 PULLED FOR DISCUSSION BY COUNCILMEMBER GAINES
23 PULLED FOR DISCUSSION DUE TO POSSIBLE CONFLICT OF INTEREST
MOVED by Councilmember Wemick SECONDED by Councilmember McDowell to approve Consent
Agenda items 8, 10, 11, 12, 13, 15, 16, 18, 19, 20, and 21 MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510.
CALL ITEMS FROM CONSENT AGENDA
City Council meeting minutes of September 16, 1998
Clerk Mortesen advised that the minutes presented for approval are September 15, 1998, and not the 16'
as indicated on the Agenda, and Councilmember Wermck requested clarification of direction given to
Cable staff
MOVED by Councilmember Wemick, SECONDED by Councilmember McDowell, to approve the
minutes of the City Council meeting of September 15, 1998, and clanfied the direction given to
Community Cable Staff MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
14 Acceptance of sanitary sewer manhole limng - Project No PW 97 -24 (final contract amount =
$55,000 00). Authorize the City Clerk to file the Notice of Completion with the County Recorder's
Office
MOVED by Councilmember Wemick, SECONDED by Councilmember McDowell, to accept the
sanitary sewer manhole hiring - Project No PW 97 -24 (final contract amount = $55,000 00) Authorizing
the City Clerk to file the Notice of Completion with the County Recorder's Office MOTION PASSED
BY UNANIMOUS VOICE VOTE. 510.
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
146
17 Request by Gold Graphics for installation of banners, publicizing the Distinguished Speaker Series in
the Redondo Beach Performing Arts Center, on Sepulveda Boulevard between Imperial Highway and
Rosecrans Avenue, and in Rosecrans Avenue between Sepulveda Boulevard and Aviation Boulevard
(fiscal impact - none)
MOVED by Councllmember Wernick, SECONDED by Mayor ProTem Jacobs, to approve request by
Gold Graphics for installation of banners, publicizing the Distinguished Speaker Series in the Redondo
Beach Performing Arts Center, on Sepulveda Boulevard between Imperial Highway and Rosecrans
Avenue, and in Rosecrans Avenue between Sepulveda Boulevard and Aviation Boulevard (fiscal impact
- none) MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
22 Adoption of plans and specifications for the trenchless rehabilitation of an 18" sewer main in
easement west of Virginia Street, between Oak Avenue and Walnut Avenue Project No PW 98 -6
(estimated cost = $120,000), project no PW 98 -6
MOVED by Councllmember Wermck, SECONDED by Counclhnember McDowell, to approve
adoption of plans and specifications for the trenchless rehabilitation of an 18" sewer main in easement
west of Vlrguua Street, between Oak Avenue and Walnut Avenue Project No PW 98 -6 (estimated cost
= $120,000) MOTION PASSED BY UANANIMOUS VOICE VOTE. 5/0.
23 Award Contract to B R Day Construction, Inc. for the construction of a storm drain in the 500 block
of Washington Street - Project No PW 98 -4 (contract amount = $148,954 00)
MOVED by Councllmember Wermck, SECONDED by Mayor ProTem Jacobs, to award Contract No
2639 to B R Day Construction for construction of a storm dram in the 500 block of Washington Street,
Project No PW 98 -4 in the amount of $148,954 00 MOTION PASSED BY THE FOLLOWING
VOICE VOTE: AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, AND
COUNCILMEMBER WERNICK. NOES: NONE. NOT - PARTICIPATING:
COUNCILMEMBERS GAINES AND MCDOWELL. 3/0/2.
F. NEW BUSINESS - CITY MANAGER -
24 El Segundo Community Cable status of equipment upgrades and program expansion
Council received and filed the Report
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilmember McDowell -
147
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
Gave a brief update regarding a meeting in support of the regional airport Issue, and advised that
the cities of Lawndale and Santa Monica have Joined our quest; and referred to a recent Sister
City visit
Councilmember Gaines —
Spoke regarding progress gained by the Information Services Committee, but recommended that
the Council withhold further budget considerations until the Committee accomplishes more
Councilmember Wernick -
25 Create a footprint map of businesses In the North and South East quadrants of the City
Council directed Staff to Investigate making a footprint map of businesses in the North and South East
quadrants of the City, and return to Council with cost and time -frame for the project
Councilmember Wernick advised that the policy and procedures manual should be completed around
the first of the year, and reported on Aviation Safety & Noise Abatement Committee meetings
Mayor Pro Tern Jacobs —
26 Donation of computers for Sister City Guaymas.
MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember Gaines, to donate outdated
computers to the City of Guaymas MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
Mayor ProTem Jacobs addressed the mosquito problems In El Segundo and advised that the public may
report problems by calling 310 915 -7370, and complimented the success of the Sister City visit, with
the expected exchange of cultures
Mayor Gordon -
27 Oral presentation by Mr Mike Rudimca of Robert Bem, William Frost & Associates, on the status of
the City's Water Well Project
Mike Rudimca of Robert Bem, William Frost & Associates, gave a brief status report on the City's
Water Well Project.
28 Discussion of proposal by Main Street America Productions to develop, establish, manage and promote
special events in the City
It was the consensus of the Council to refer this proposal to the Downtown Visioning Task Force for
review and recommendation to Council
Proposal from Cassidy & Associates to provide lobbying services for the City
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE 8
148
MOVED by Councilmember Gaines, SECONDED by Councilmember McDowell, to approve Cassidy
& Associates' proposal to provide lobbying services to the City for one year, Contract 2640, not to
exceed $180,000 to be allocated from developer traffic mitigation fees, including expenses. MOTION
PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON,
COUNCILMEMBERS WERNICK, GAINES, AND MCDOWELL. NOES: MAYOR PROTEM
JACOBS. 4/1.
Senior Task Force recommendations for Council
Request to expand the present market trip program to include a weekly shuttle to the Lucky Market in
Manhattan Beach (Fiscal Impact $900 from Prop A Funds)
MOVED by Councilmember Wernick SECONDED Councilmember McDowell to Adjust budget to
expend $900 from the Prop A Funds to fund a weekly shuttle to the Lucky Market in Manhattan Beach
MOTION PASSED BY UANANIMOUS VOICE VOTE. 510.
Request a mailer to senior citizens, informing them of key services available to El Segundo residents
Mailer to include a phone sticker with a "Help Line' phone number for easy reference (Fiscal Impact
$2,300)
MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember Wermck, to approve a mailer
to senior citizens, informing them of key services available to El Segundo residents Mailer to include
a phone sticker with a "Help Line' phone number for easy reference (Fiscal Impact $2,300) And to
adjust Budget by $2,300 for printing and postage MOTION PASSED BY UNANANIMOUS VOICE
VOTE. 5/0.
Mayor Gordon reported on a Cal Trans meeting advising that the left turn lane on El Segundo and
Sepulveda, will be modified after the expansion, that Grand Avenue may still be considered Cal Trans
will visibly mark the Freeway end in order to slow cars down, and stated he is currently working with
authorities to reduce speed on Imperial Highway from 50 miles an hour to a reasonable speed
Mayor Gordon advised that Barbara Kirby, the City's Library Director from 1969 to 1988 recently passed
away The Friends of the Library have established `The Barbara Kirby Memorial Fund', and all
donations will be used to purchase books in her memory To make a donation, please contact the Friends
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behalfofanother, and employees speaking on behaljoftheir 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
Bill Mason, President, Chamber of Commerce, spoke regarding the Douglas Street extension and the
lobbyist contract approved this evening
2 Sandra Mason, resident, spoke regarding the left hand turn lanes requested from Cal Trans, and stated
the Joslyn center parking lot lights are out prior to the end of certain events
MEMORIALS - Kenneth James Collings
149
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE
CLOSED SESSION - NONE
ADJOURNMENT at 11 10 p in to October 20, 1998 at 5 00 p in
Cindy Mortesen, City Clerk
150
MINUTES
CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998 - 7 00 P M
PAGE 10
EL SEGUNDO CITY COUNCIL MEETING DATE: October 20, 1998
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
AGENDA DESCRIPTION:
Amendment'A' to lease agreement 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)
RECOMMENDED COUNCIL ACTION:
Approve Amendment'A' and authorize the Mayor to execute the Amendment on behalf of the City
INTRODUCTION AND BACKGROUND:
The City owns a 173 acre parcel of land located on the east side of Douglas Street, south of Alaska Avenue,
which was acquired by the City for extending Douglas Street Since 1994, approximately 13,360 square feet
of this property has been leased to Eaton Corporation for parking, under an agreement which expires on
December 31, 1998
Eaton Corporation has requested the City to extend the current lease for one (1) more year for the period
January 1, 1999 to December 31, 1999
DISCUSSION:
The existing lease agreement provides for Eaton Corporation to pay the City an annual rent of $15,108 00 This
rent was based on a 1994 appraisal by the Los Angeles County Department of Public Works and annually
adjusted in accordance with the change in the Consumer Price Index Staff is recommending the granting of
the extension requested by Eaton at a revised rent of $15,336 00 based on the 15% annual increase in the
Consumer Price Index for the Los Angeles area Eaton has agreed to the revised annual rent
The City Attorney has prepared the enclosed Amendment'A' and has approved it as to form
ATTACHED SUPPORTING DOCUMENTS:
1 Amendment `A' to the City - Eaton Corporation lease agreement no 2572
2 City - Eaton lease agreement no 2572
3 Location map
FISCAL IMPACT: Annual revenue of $15,336 00
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Date:
151 WCOUNCILTW- OCT2001 (Tuesday 10/12/%1000AM) Q
CITY OF EL SEGUNDO
EATON CORPORATION
AMENDMENT "A" TO LEASE AGREEMENT 2572
THIS AMENDMENT is made this 20th day of October, 1998, between the
CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation ( "LESSOR "), and EATON
CORPORATION ( "LESSEE ") with respect to the EATON CORPORATION LEASE
AGREEMENT entered into between the LESSOR and LESSEE on or about December 16,
1997 ( "LEASE "), and
WHEREAS, the parties are desirous of extending the Lease term for an
additional year
NOW, THEREFORE, the parties do hereby agree as follows
1 The term of the Lease is hereby extended for one year to December
31, 1999 At the expiration of the term, or upon any earlier termination of this Lease,
LESSEE will quit surrender the premises herein leased, and the parties shall have no
further rights or obligations as to each other with respect to said Lease In the event that
LESSEE fails to vacate the premises and holds over, then the tenancy shall continue on
a month -to -month basis
2 For the period commencing January 1, 1999 and ending December
31, 1999, LESSEE shall pay as rent for said premises, the sum of Fifteen Thousand Three
Hundred and Thirty -Six Dollars ($15,336 00) in lawful money of the United States, payable
in advance at the rate of $1,278.00 monthly, on the first business day of each and every
month to LESSOR at 350 Main Street, El Segundo, California 90245, unless otherwise
directed in writing by LESSOR
Except as specifically amended above, all other terms of the LEASE shall
remain in full force and effect
IN WITNESS WHEREOF, this Instrument has been duly executed as of the
day and year first above written.
N WGREMNTS \EATON 99 (9/22/98)
152
LESSOR City of El Segundo, California
Mike Gordon, Mayor
ATTEST
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
Mark D H nsley, City Attorney
LESSEE Eaton Corporation
M
Ll7
N \AGREMNTS \EATON 99 (9/22190) 2
Dale R. Mitchell, Director
Real Estate
Harold V Abraham
Group Controller
153
2572
CITY OF EL SEGUNDO RECEIVED
EATON CORPORATION JAN 2 6 1998
LEASE AGREEMENT PUBLIC WORKS
ENGINEERING
THIS LEASE, made this 16th day of December, 1997, by and between the
CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation (hereinafter referred to
as "LESSOR "), and EATON CORPORATION (hereafter referred to as "LESSEE "):
WITNESSETH:
1. LESSOR does hereby lease to LESSEE and LESSEE does hereby
take from LESSOR certain premises located in the City of El Segundo, County of Los
Angeles, State of California, consisting of approximately thirteen thousand three hundred
and sixty (13,360) square feet being a portion of Lot 22, Tract No 26557 as shown on
map recorded in Book 675, Page 97, in the Office of the County Recorder of the County
of Los Angeles, State of California, described as shown on attached Exhibit "A"
2. The term of this Lease shall be for the period, commencing January
1, 1998, and ending December 31, 1998. At the expiration of the term, or upon any
earlier termination of this Lease, LESSEE will quit surrender the premises herein leased,
and the parties shall have no further rights or obligations as to each other with respect
to said Lease
3 For the period commencing January 1, 1998 and ending December
31, 1998, LESSEE shall pay as rent for said premises, the sum of Fifteen Thousand One
Hundred and Eight Dollars ($15,108.00) in lawful money of the United States, payable at
the rate of $1,259.00 monthly, payable in advance, on the first business day of each and
N WGREMNMEATON 98 (121M)
1
154
2572
every month to LESSOR at 350 Main Street, El Segundo, California 90245, unless
otherwise directed in writing by LESSOR.
4 In the event of LESSEE holding over after the expiration of the term
hereof, thereafter the tenancy shall be from month to month in the absence of a written
agreement to the contrary.
5. LESSEE acknowledges that it has received a copy of the conditions
enumerated in that certain deed dated January 11, 1968, by which LESSOR acquired title
to the property that is the subject of this Lease, and LESSEE agrees to comply with each
and every condition so imposed in said deed during its tenancy on the above - described
property-
6 LESSEE agrees that access to the leased premises will be only from
Douglas Street. LESSOR and LESSEE agree that the intended purpose of this Lease
is to provide additional parking and to mitigate traffic congestion on Douglas Street and
Alaska Avenue LESSEE will be permitted to use existing driveways No new curb cuts
or ramps shall be installed by LESSEE
7. LESSEE agrees to maintain the premises in a clean and sanitary
condition LESSEE shall not place or construct any buildings and/or structures on the
premises.
8. LESSEE understands that LESSOR has acquired this property
primarily for the purpose of extending Douglas Street in the City of El Segundo to cross
an existing railroad track, and LESSEE agrees that, in the event LESSOR should require
the subject property for such relocation or for any other purpose solely under the
N AGREMNTSEATON 98 (122/97) 2
155
2572
LESSOR'S discretion, LESSEE does hereby consent to LESSOR canceling and
terminating this Lease upon sixty (60) days written notice addressed to LESSEE
LESSEE agrees to vacate the said premises within the above sixty (60) day period and
remove all LESSEE'S installations prior to the termination of the Lease LESSEE may
cancel and terminate lease upon sixty (60) days written notice to the LESSOR
9 LESSEE shall procure and keep in effect during the term hereof a
combined single limit policy of $1,000,000 for bodily injury and property damage liability
LESSEE may self - insure any or all of the above insurance requirement LESSEE shall
provide LESSOR with evidence of insurance or self - insurance as herein stipulated Said
insurance shall provide for LESSOR, its officers, agents, and employees to be additional
insured but only in respect to the Leased Premises LESSEE shall provide LESSOR with
(30) days' notice of any material change or cancellation of said insurance coverage, by
registered mail
10 LESSEE shall not have the right to sublet or assign the whole or any
part of said premises, provided, however, that LESSEE may do so with the written
consent of LESSOR. Any such subletting or assignment shall not relieve LESSEE of any
liability or obligation under this Lease.
11 Any notice from LESSOR to LESSEE shall be deemed
duly served if mailed by certified mail, return receipt requested, addressed to LESSEE
at
Eaton Corporation
Eaton Center
Cleveland, OH 44114 -2584
Attention: Real Estate Department
N WGREMNTS\EATON 98 (925/97) 3
156
2572
Any notice from LESSEE to LESSOR shall be deemed duly served if mailed by certified
mail, return receipt requested, addressed to LESSOR at the address set forth in
Paragraph 3 hereof In each case, the customary certified mail return receipt shall be
conclusive evidence of such service Either party may change its address to which a
notice shall be sent by giving written notice of such change to the other party as provided
herein
12. LESSEE recognizes and understands that this Lease may create a
possessory interest subject to property taxation and that the LESSEE may be subject to
the payment of property taxes levied upon such interest
13 The terms of this Lease shall be binding upon and for the benefit of
the parties hereto, their respective successors, representatives and assigns
14 This lease represents the final agreement of the parties with respect
to the subject matter hereof and supersedes all prior written and oral agreements and
understandings of the parties with respect to the subject matter hereof.
N WGREMNTSIEATON 98 (925/97) 4
157
2572
IN WITNESS WHEREOF, this Instrument has been duly executed as of the
day and year first above written.
LESSOR
LESSEE: Eaton Corporation
BY Director - Real Estate
CITY OF EL SEGUNDO, CALIFORNIA
Sandra Jacobs, Wayor
City of El Segurpdo
Title I Dale R Mitchdll
I
BY ° . A
Harold V. Abraham
Group Controller
ATTEST
y Mort e
C Clerk
(SEAL)
APPROVED AS TO FORM.
�
I /.'^/vim' `�-�
Mark D Hensley
City Attorney
N AGREMNTSkEATON 98 (925197)
158
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EL SEGUNDO CITY COUNCIL MEETING DATE. October 20, 1998
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Calendar
AGENDA DESCRIPTION,
Appointment of Private Section Business representative from the City of El Segundo to the South Bay Private
Industry Council (PCI)
RECOMMENDED COUNCIL ACTION:
Approve the appointment of Nancy Savage of Northrop Grumman to the South Bay Private Industry Council
INTRODUCTION AND BACKGROUND:
A vacancy currently exists on the South Bay PIC for a "Private Sector Business" representative from the City of El
Segundo The PIC provides guidance for programs administered under the Federal Job Training Partnership Act
for the eight cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach
and Redondo Beach
DISCUSSION-
As required by PIC guidelines, the El Segundo Chamber of Commerce submits a nominee for approval by the City
Council The nominee of the Chamber is Nancy Savage of Northrop- Grumman Ms Savage will be replacing
Raelea Jones, who has resigned as representative effective August 20, 1998
ATTACHED SUPPORTING DOCUMENTS.
Letter from El Segundo Chamber of Commerce, dated October 1, 1998
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
Project/Account Budget.
N/A Project/Account Balance. Date:
Account Number:
Project Phase:
Appropriation Required • Yes_ No_
ORIGINATED. Date. September 30, 1998
Bob Hyland, Director of Human Resources /Risk Management
REVIEWED BY- Date,
agenda 299
Imay /r
163 Hxa- -a79- o6, / 10
" /u'/i-9e .. °.; 3_an429.,2 WILLIAMTMASON PAGE 02
September 30, 1998
Mr Mike Gordon, Mayor
Members of City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re South Bay Private Industry Council, Nomination of Private Sector Representative
Dear Honorable Mayor Gordon and Council Members
The El Segundo Chamber of Commerce has been asked to nominate a private sector representative
to serve on the South Bay Private Industry Council ( SBPIC) A vacancy on the SBPIC was created
on August 20, 1998 by the resignation of Raelea Jones who at the time was employed by Northrop
Grumman
We would like to nominate Nancy Savage, also of Northrop Grumman, as the South Bay Private
Industry Council Member from the El Segundo private sector She holds the position of Community
Service Specialist for her employer, We feel Ms Savage is well qualified to serve in this capacity
Sincerely,
WilhamPreside tJ
copies Robert Hyland, Personnel Director
Ms Nancy Savage, Northrop Grumman
C1%WP%1n\e0tc \piceavge 98•
164 C-;� C7q
-I SEGUNDO CHAMBER OF COMMERCE - 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 3221220 - FAX (310) 322 -6880
EL SEGUNDO CITY COUNCIL MEETING DATE: October 20, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award of contract for update of City Circulation Element to Meyer, Mohaddes Associates, Inc (contract
amount = $86,300 00)
RECOMMENDED COUNCIL ACTION:
Approve agreement and authorize the Mayor to execute the agreement on behalf of the City
Authorize the expenditure of $15,000 00 from Traffic Mitigation Fees
INTRODUCTION AND BACKGROUND:
On August 18, 1998, the City Council approved the solicitation of requests for proposals from qualified firms
for the update of the City's Circulation Element The Element update requires traffic engineering evaluation,
coordination of public participation and environmental processing
DISCUSSION:
On September 22, 1998, staff received proposals from the following firms
Meyer, Mohaddes Associates
DKS Associates
Transtech Engineers, Inc
Kaku Associates
Foothill Project Management
ATTACHED SUPPORTING DOCUMENTS:
City- Consultant Agreement
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
ProjecUAccount Budget:
ProjecVAccount Balance:
Account Number:
Project Phase:
Appropriation Required:
Yes
$ 86,300 00
$ 81,635 00
$ 45,530 00
$128,42000
$ 36,550 00
(Discussion continued on the next page......)
No
$86.300 00
2701 -6214 - $45.000 00
$198.609 Date: October 9, 1998
Contract award
$15.000 00 from Traffic Mitigation Fees
Date:
Date: /0/,, t' /y P
Page 1 of 2
165 N \COUNCILTW- OCT2003 (Wednesday 10/14M 11 00 AM) 11
DISCUSSION: (continued)
Staff from Planning and Building Safety, Public Works, Economic Development, and representatives from the
Economic Development Advisory Council and the Capital Improvement Program Advisory Committee reviewed
the proposals On October 9, 1998, am, all five (5) firms which submitted proposals were invited to make oral
presentations
During the interview process the issue of implementation time was explicitly discussed Both of the firms rated
highest indicated that they felt it would take approwmately seven (7) to nine (9) months to properly address all
of the concerns and complete the project Staff also discussed in detail with the two (2) highest rated firms the
scope of their proposals and in order to provide comparable services that best meet the needs of the City, the
proposals were adjusted
Based on the information presented, the consensus of the group was to recommend to the City Council that
the contract be awarded to Meyer, Mohaddes Associates
Meyer, Mohaddes Associates, as well as their subconsultants, have satisfactonly provided consultant services
to the City in the past Additionally, the reference check for Meyer, Mohaddes Associates, as well as their
subconsultants, indicated that their clients were very satisfied with the firms They have reviewed the City's
standard consultant services agreement and stated that they had no objections to any of the provisions
The proposed fee of Meyer, Mohaddes Associates is approwmately $41,000 00 more than the approved project
budget of $45,000 00 When the budget was originally prepared by staff in February, 1997, for the Circulation
Element, it was uncertain as to what type of environmental review would be required to complete the Element
and consequently staff did not budget for the preparation of an EIR After discussions with the City Attorney,
it was determined that a Supplemental EIR would be required, which adds addihonal time and cost to the
project Of the $86,300 00 total fee, $47,110 00 is for preparation of the Circulation Element and $39,190 00
for completion of the EIR As this work product overlaps with others being currently completed by staff, there
are moneys available within the 1997/98 Professional Technical project account which will be carried over to
cover the cost of completing the project The EIR will also save money to applicants with future development
projects, as the document can be used as a base for their environmental reviews
Additionally, the adopted Traffic Mitigation Fee program identifies the funding of program updates as an
approved expenditure Since work accomplished during the Circulation Element update will be used to update
the Traffic Mitigation Fee program, the use of $15,000 00 of mitigation fee funds to pay for the Element update
is consistent with the Traffic Mitigation Fee program Staff recommends the City Council authorize the
expenditure of $15,000 00 of Traffic Mitigation Fees to partially fund the Circulation Element update
Page 2 of 2
166 N \COUNCIL \PW- OCT2003 (Wednesday 10 /14198 11 00 AM)
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 21st day of October, 1998
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as
"City" and the MEYER, MOHADDES ASSOCIATES, INC hereinafter referred to as
"Consultant" In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows
1 SCOPE OF SERVICES Consultant agrees to perform the services set forth
in Exhibit A "PROPOSAL AND SCOPE OF SERVICES DATED SEPTEMBER 22,1998"
and made a part hereof Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough, competent and
professional manner and shall, at all times during the term of this Agreement, have in full
force and effect, all licenses required of it by law Consultants shall begin its services
under this Agreement on 1998 Consultant shall complete each of the
services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any
such services, the Consultant shall work on such matter until the City approves of the
service Further, Consultant shall complete the services set forth in Exhibit A strictly
according to the schedule provided therein
2 STATUS OF CONSULTANT Consultant is and shall at all times remain as
N AGREEMNTMEYERMOH AGR (10/12198) -1-
16'7
to the City a wholly independent contractor The personnel performing the services under
this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive
direction and control Neither City nor any of its officers, employees or agents shall have
control over the conduct of Consultant or any of Consultant's officers, employees or
agents, except as set forth in this Agreement Consultant shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City Consultant shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner
Consultant shall not disseminate any information or reports gathered or created pursuant
to this Agreement without the prior written approval of City except information or reports
required by government agencies to enable Consultant to perform its duties under this
Agreement
3 CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS Consultant shall
keep itself informed of applicable local, state and federal laws and regulations which may
affect those employed by it or in any way affect the performance of its services pursuant
to this Agreement Consultant shall observe and comply with all such laws and regulations
affecting its employees City and its officers and employees, shall not be liable at law or
in equity as a result of any failure of Consultant to comply with this section
4 PERSONNEL Consultant shall make every reasonable effort to maintain the
stability and continuity of Consultant's staff assigned to perform the services hereunder
N AGREEMNT\MEYERMOH AGR (10/12198) _Z_
• i
and shall obtain the approval of the City Manager of all proposed staff members
performing services under this Agreement prior to any such performance
5 COMPENSATION AND METHOD OF PAYMENT Compensation to the
Consultant shall be as set forth in Exhibits B (milestone based payment schedule dated
October 14, 1998) hereto and made a part hereof Payments shall be made within thirty
(30) days after receipt of each invoice as to all non - disputed fees If the City disputes any
of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a
invoice of any disputed fees set forth on the invoice
6 ADDITIONAL SERVICES OF CONSULTANT Consultant shall not be
compensated for any services rendered in connection with its performance of this
Agreement which are in addition to those set forth herein or listed in Attachment A, unless
such additional services are authorized in advance and in writing by the City Manager
Consultant shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Consultant at the time City's written
authorization is given to Consultant for the performance of said services
7 ASSIGNMENT All services required hereunder shall be performed by
Consultant, its employees or personnel under direct contract with Consultant Consultant
shall not assign to any subcontractor the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without the prior written consent of City Manager
N AGREEMNTMEYERMOH AGR (10/12198) '3'
169
8 FACILITIES AND RECORDS City agrees to provide suitably equipped and
furnished office space, public counter, telephone, and use of copying equipment and
necessary office supplies for Consultant's on -site staff, if any
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible Consultant shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records, shall give City the right to examine and audit said books and records,
shall permit City to make transcripts therefrom as necessary, and shall allow inspection
of all work, data, documents, proceedings and activities related to this Agreement Such
records, together with supporting documents, shall be maintained for a period of three (3)
years after receipt of final payment
9
TERMINATION
OF AGREEMENT
This Agreement may be terminated with
or without
cause
by either party upon
30 days written notice In the event of such
termination, Consultant shall be compensated for non - disputed fees under the terms of this
N WGREEMNTMEYERMOH AGR (10/12198) -4-
170
Agreement up to the date of termination
10 COOPERATION BY CITY All public information, data, reports, records, and
maps as are existing and available to City as public records, and which are necessary for
carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant
in every reasonable way to facilitate, without undue delay, the work to be performed under
this Agreement
11 OWNERSHIP OF DOCUMENTS Upon satisfactory completion of, or in the
event of termination, suspension or abandonment of, this Agreement, all original maps,
models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files and other documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of City With
respect to computer files, Consultant shall make available to the City, upon reasonable
written request by the City, the necessary computer software and hardware for purposes
of accessing, compiling, transferring and printing computer files
(a) All information gained by Consultant in performance of this Agreement shall
be considered-confidential and shall not be released by Consultant without City's prior
written authorization excepting that information which is a public record and subject to
disclosure pursuant to the California Public Records Act, Government Code § 6250, et
NWGREEMNTTMEYERMOHAGR (10/12/98) -5-
171
.,%M Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement
or relating to any projector property located within the City Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena
If Consultant or any of its officers, employees, consultants or subcontractors does
voluntarily provide information in violation of this Agreement, City has the right to reim-
bursement and indemnity from Consultant for any damages caused by Consultant's
conduct, including the City's attorney's fees
Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and
the work performed thereunder or with respect to any project or property located within the
City City retains the right, but has no obligation, to represent Consultant and /or be
present at any deposition, hearing or similar proceeding Consultant agrees to cooperate
fully with City and to provide City with the opportunity to review any response to discovery
requests provided by Consultant However, City's right to review any such response does
N WGREEMNTNEYERMOH AGR (10112198) -6-
r. 172
not imply or mean the right by City to control, direct, or rewrite said response
(b) Consultant covenants that neither they nor any officer or principal of their firm
have any interest in, or shall they acquire any interest, directly or indirectly which will
conflict in any manner or degree with the performance of their services hereunder
Consultant further covenants that in the performance of this Agreement, no person having
such interest shall be employed by them as an officer, employee, agent, or subcontractor
without the express written consent of the City Manager
13 DEFAULT In the event that Consultant is in default of any provision of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Consultant
14 INDEMNIFICATION
(a) Consultant represents it is skilled in the professional calling necessary to
perform the services and duties agreed to hereunder by Consultant, and City relies upon
the skills and knowledge of Consultant Consultant shall perform such services and duties
consistent with the standards generally recognized as being employed by professionals
performing similar service in the State of California
(b) Consultant is an independent contractor and shall have no authority to bind
N WGREEMNTVNEYERMOH AGR (10112198) -7-
173
City nor to create or incur any obligation on behalf of or liability against City, whether by
contract or otherwise, unless such authority is expressly conferred under this agreement
or is otherwise expressly conferred in writing by City City, its elected and appointed
officials, officers, agents, employees and volunteers (individually and collectively,
"indemnitees ") shall have no liability to Consultant or to any other person for, and
Consultant shall indemnify, defend, protect and hold harmless the Indemmtees from and
against, any and all liabilities, claims, actions, causes of action, proceedings, suits,
damages, judgments, liens, levies, costs and expenses of whatever nature, including
reasonable attorneys' fees and disbursements (collectively "Claims "), which the
Indemntees may suffer or incur or to which the Indemmtees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss
of use of property, economic loss or otherwise occurring as a result of or allegedly caused
by the performance or failure to perform by Consultant of Consultant's services under this
agreement or the negligent or willful acts or omissions of Consultant, its agents, officers,
directors or employees, in performing any of the services under this agreement
If any action or proceeding is brought against the Indemmtees by reason of any of
the matters against which Consultant has agreed to indemnify the Indemmtees as above
provided, Consultant, upon notice from the CITY, shall defend the Indemmtees at
Consultant's expense by counsel acceptable to the City The Indemmtees need not have
first paid any of the matters as to which the Indemntees are entitled to indemnity in order
to be so indemnified The insurance required to be maintained by Consultant under
N WGREEMNTIMEYERMOH AGR (10/12198) -8-
174
paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the
limits of such insurance shall not limit the liability of Consultant hereunder The provisions
of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement
The Consultant's indemnification does not extend to Claims occurring as a result
of the City's negligent or willful acts or omissions
15 INSURANCE
A Insurance Requirements Consultant shall provide and maintain
insurance acceptable to the City Attorney in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its
agents, representatives or employees Insurance is to be placed with insurers with a
current A M Best's rating of no less than A VII Consultant shall provide the following
scope and limits of insurance
broad as
(1) Minimum Scope of Insurance Coverage shall be at least as
(a) Insurance Services Office form Commercial General
Liability coverage (Occurrence Form CG 0001)
N WGREEMNTNAEYERMOH AGR (10/12198) -9-
175
(b) Insurance Services Office form number CA 0001 (Ed
1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA
0025, or equivalent forms subject to the written approval of the City
(c) Workers' Compensation insurance as required by the
Labor Code of State of California and Employer's Liability insurance and covering all
persons providing services on behalf of the Consultant and all risks to such persons under
this Agreement
(d) Errors and omissions liability insurance appropriate to
the Consultant's profession
(2) Minimum Limits of Insurance Consultant shall maintain limits
of insurance no less than
(a) General Liability $1,000,000 per occurrence for bodily
injury, personal injury and property damage If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the activities related to this Agreement or the general aggregate limit
shall be twice the required occurrence limit
(b) Automobile Liability $1,000,000 per accident for bodily
injury and property damage
N AGREEMNTMEYERMOH AGR (10/12198) -10-
176
(c) Workers' Compensation and Employer's Liability
Workers' Compensation as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident
occurrence
(d) Errors and Omissions Liability $1,000,000 per
B Other Provisions Insurance policies required by this Agreement shall
contain the following provisions
(1) All Policies Each insurance policy required by this paragraph
15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by
the insurer or either party to this Agreement, reduced in coverage or in limits except after
30 days' prior written notice by Certified mail, return receipt requested, has been given to
the City
(2) General Liability and Automobile Liability Coverages
(a) City, its officers, officials, and employees and volunteers
are to be covered as additional insureds as respects liability arising out of activities
Consultant performs, products and completed operations of Consultant, premises owned,
occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by
Consultant The coverage shall contain no special limitations on the scope of protection
N WGREEMNTIMEYERMOH AGR (10/12/98) -11-
177
afforded to City, its officers, officials, or employees
(b) Consultant's insurance coverage shall be primary
insurance as respect to City, its officers, officials, employees and volunteers Any
insurance or self insurance maintained by City, its officers, officials, employees or
volunteers shall apply in excess of, and not contribute with, Consultant's insurance
(c) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers
(3) Workers' Compensation and Employer's Liability Coverage
Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all
rights of subrogation against City, its officers, officials, employees and agents for losses
arising from work performed by Consultant for City
C Other Requirements Consultant agrees to deposit with City, at or
before the effective date of this contract, certificates of insurance necessary to satisfy City
NWGREEMNTWIEVERMOHAGR (10112198) -12-
0' ` 178
that the insurance provisions of this contract have been complied with The City Attorney
may require that Consultant furnish City with copies of original endorsements effecting
coverage required by this Section The certificates and endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf City reserves the
right to inspect complete, certified copies of all required insurance policies, at any time
(1) Consultant shall furnish certificates and endorsements from
each subcontractor identical to those Consultant provides
(2) Any deductibles or self - insured retentions must be declared to
and approved by City At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its officers, officials,
employees and volunteers, or the Consultant shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, defense expenses and claims
(3) The procuring of such required policy or policies of insurance
shall not be construed to limit Consultant's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement
16 _ ENTIRE AGREEMENT This Agreement is the complete, final, entire
and exclusive expression of the Agreement between the parties hereto and supersedes
any and all other agreements, either oral or in writing, between the parties with respect to
NWGREEMNT\MEYERMOHAGR (10/12198) -13-
4;` 179
the subject matter herein Each party to this Agreement acknowledges that no
representations by any parry which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and binding
17 GOVERNING LAW The City and Consultant understand and agree
that the laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement Any litigation concerning this Agreement shall take place in the Los Angeles
County Superior Court
18 ASSIGNMENT OR SUBSTITUTION City has an interest in the
qualifications of and capability of the persons and entities who will fulfill the duties and
obligations imposed upon Consultant by this Agreement In recognition of that interest,
neither any complete nor partial assignment of this Agreement may be made by Consultant
nor changed, substituted for, deleted, or added to without the prior written consent of City
Any attempted assignment or substitution shall be ineffective, null, and void, and constitute
a material breach of this Agreement entitling City to any and all remedies at law or in
equity, including summary termination of this Agreement
19 . MODIFICATION OF AGREEMENT The terms of this Agreement can
only be modified in writing approved by the City Council and the Consultant The parties
agree that this requirement for written modifications cannot be waived and any attempted
N WGREEMNTNAEYERMOH AGR (10/12198) -14-
i M
waiver shall be void
20 AUTHORITY TO EXECUTE The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he /she /they has /have the
authority to execute this Agreement on behalf of his/herttheir corporation and warrants and
represents that he /she /they has /have the authority to bind Consultant to the performance
of its obligations hereunder
21 NOTICES Notices shall be given pursuant to this Agreement by
personal seance on the party to be notified, or by written notice upon such party deposited
in the custody of the United States Postal Service addressed as follows
M
Attention Ed Schroder
Public Works Department
City of El Segundo
350 Main Street
El Segundo, California 90245
Telephone (310) 322 -4670, extension 230
Facsimile (310) 322 -4167
Consultant
Attention Mr Gary J Hamrick
Meyer, Mohaddes Associates, Inc
3010 Old Ranch Parkway, Suite 350
Seal Beach, California 90740
Telephone 562- 799 -0200
Facsimile 562- 799 -0011
NWGREEMNTNEYERMOHAGR (10/12198) -15-
181
The notices shall be deemed to have been given as of the date of personal
service, or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service
20 SEVERABILITY The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of the other provisions of this
Agreement
IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be
executed the day and year first above written
CITY OF EL SEGUNDO
Title Mike Gordon. Mayor
ATTEST
Cindy Mortesen
City Clerk
NWGREEMNTWIEYERMOHAGR (10112/98) -16-
Title
APPROVED AS TO FORM:
Mark D Hensley
City Attorney
i
OCT -15 -1998 1134 FROM M9A SEAL BEACH TO 913103224167 P.01
OCT 15 1998
PUBLIC WORKS
Meyer, Mohaddes Associates, Inc. ENGINEERING
T r a f f i c Engineering • Transportation Planning , „ ...., •.ro ••e +pue+w «
:viCii�i V iCt!`1\ Lu u:ri
TO: Ed Schroeder, City of El Segundo
FROM: Gary Hamrick R 1J
RE. Circulation Element Update and Environmental Analysts
DATE] October 15, 1998
P98 -198
Thank Jon very much for considering Meyer, Mohaddes Associates to assist due City with the update of
the Cid 's Circulation Element. Per your request, this memorandum outlines the proposed contract
deliverables by task, along with a milestone based payment schedule. Please do not hesitate to call me with
any suggested modifications or comments Note all percentages are rounded to nearest whole number.
• I Task 1- Review DocummtslErielint Conditions Analysis
Product. Existing conditions summary including intersection LOS analysts for existing conditions
i Percent Complet&TAWkslome Payment: 4 %, $3,440
I Task 2 - Model Development
I
Product: Updated Citywide TRAFFIX model including new land use data and traffic data
Parent Complete/Mtlestone Payment: 8 %, $6,730
• • Task 3 - Future Traffic Forecasts
Product- Future level of service forecasts for land use scenarios (undeveloped and underdeveloped
parcels)
I Pereaw Completwunestone Payment: 9 %, $7,480
• Task 4 - Review Roadway Standards
Product: Technical memorandum on roadway standards and recommendations
Percent Complete/Milestone Payment: 4 %, $3,660
• Task 5 - Recommend Improvements
Product: Draft circulation system improvement recommendations
Percent of Cozulad/Miilestone Payment 10 %, $8,380
• Task 6 - BicyclOPedestrim Issues
Product: Report chapter on bicycle and pedestrian analysis and issues
3010 Ord Ranch Parkway, Suite 850 Seal Beach, CA 90740 • Phone: (562) 799.0200 • Far (562) M9.001 r
/8cp, /�
ocT,15-1998 1134 FROM MMA SEAL REACH
Meyer, Mohaddes Associates, Inc.
Ed Schroeder, City of El Segundo
October 15, 1999
Page 2
Percent of coutrad/Wdestone Payment: 3 %, $2.840
• Task 7 - Documentation
TO 913103224167 P.02
Product: First and second draft circulation element documents
paunt of CptradMiestooe payment 5 %, $4, 560 (split 75 %/25% between first and second
draft)
• � Public Meetings/Workshops
Product. Preparation for and attendance at pubhe workshops
Percent Complete/Milestone Payment: 5 %, $4,020 (to be billed as meetings are completed)
• Enviromnental Taste 1- Initiation, Initial Study and NOP
Product Initial Study and NOP
percent CumpleteMaeatone Payment. 5 %, S4.720
• Environmental Task 2 - Admin Draft F.IR
Product: Administrative Draft ER
Percent Complete/Mllestone Payment: 27 %, $23,103
• Emirotmental Task 3 - Draft and Final EIR
Product: Draft and Final EIR, Mitigation Monitoring Program, Statement of Overriding
Considerations
Percent Complete estone Payment. 12 %, $10,520
• , M Other Direct Costs - billed as costs are incurred ($6,847)
• Total Contract Amount - $86,300 (47,110 for circulation element, $39,190 for environmental
analysis)
cc Tem Vdar, EIP
TOTAL P.02
CITY COUNCIL AGENDA
OCTOBER 20,1998
G. NEW BUSINESS - CITY ATTORNEY
12 Discussion and possible action regarding agreement with General
Chemical Corporation for dedication of property for Sepulveda widening
NO BACKUP MATERIAL HAS BEEN PROVIDED TO THE CITY
CLERK'S DEPARTMENT FOR THIS ITEM
183 12
