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1999 AUG 03 CC PACKET ADJAGENDA 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 Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing pornon of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you iepresent,ifdesned Please respect the time limits Members of the Public may place items on the Agenda by submittmg a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length 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, AUGUST 3,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell 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 Failui e to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) Chaney v City of El Segundo, LASC Case No. BC 207453 Stier v City of El Segundo, LASC Case No YC 034617 3 El Segundo v Stardust, LASC Case No YC 031364 4 David Venegas, et al v County of Los Angeles, et al., LASC Case No BC 207136 5 Greffon v City of El Segundo, LASC Case No YC 035155 6 Hill v El Segundo, USDC Case No CV 98 -1463 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -0- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE �� %> TIME e NAME. � L 0803995p r, 02 ke Sip$ , 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 Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time !unit for comments is five (5) minutes per person Befoi e speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, J 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 Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meetmg and they do not exceed five (5) mmutes in length In compliance with the Americans with Disabilities Act, if you need special assistanceto 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, AUGUST 3,1999 - 7:00 P.M. Next Resolution k4125 Next Ordinance # 1311 CALL TO ORDER INVOCATION — Rev Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell PRESENTATIONS (a) Commendation to Cindy Mortesen for having met high educational, experience, participatory and service standards established by the International Institute of Municipal Clerks for which she was awarded the designation of Certified Municipal Clerk. (b) Commendations to Shelly Lundy and Jan Fulk for their skillful and quick responses to danger and knowledge of life saving action 003 (c) Proclamation declaring the week of August 2nd through August 7" as Community Food Drive Week in El Segundo to stock the C A S.E. Food Pantry 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 behalfof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a nusderneanor and punishable by a fine of $250 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 1�0XWPIZ%IKTOailZ I17:7 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 2504194- 2504496 in total amount of $823,64124, and Wire Transfers in the amount of $543,131 93 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 07/13/99 to 07/28/99. City Council meeting minutes of July 20, 1999 Recommendation - Approval. Second reading and adoption of Ordinance No 1310, AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA GRANTING SOUTHERN CALIFORNIA EDISON COMPANY A FRANCHISE TO OPERATE, MAINTAIN, REPLACE, REPAIR, REMOVE AND /OR ABANDON PIPELINES WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS Recommendation — Adopt Ordinance No. 1310. Disadvantaged Business Enterprise (DBE) program for projects utilizing Federal Highway Administration (FHWA) funds Recommendation — Adopt program. am, I 1 Discussion and possible action with respect to requesting Staff to prepare a report pursuant to Elections Code Section 9213 with regard to Mr Walter Baynes' initiative petition which seeks to amend the City's Municipal Code by prohibiting freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative ") Additionally, Staff is recommending the adoption of an urgency ordinance which would prohibit on an interim basis the processing of any new applications for freight forwarding uses in all of the City's commercial and industrial Recommendation — 1) Discuss the Initiative and direct Staff to prepare a report to the Council pursuant to Elections Code Section 9213. 2) Discuss and potentially adopt an urgency ordinance pursuant to Government Code Section 65858 prohibiting Freight Forwarding in all of the City's commercial and industrial zones for a 45 -day period. 12 Presentation and implementation of the "Organizational Review of the Department of Planning and Building Safety " Recommendation — 1) Discussion; 2) Implementation of the "Organizational Review of the Department of Planning and Building Safety; and /or, 3) Other possible action /direction. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS 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 behatf 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 8150 MEMORIALS nn6 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et Leg ) for the purposes of confemng 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 confemng with the City's Labor Negotiators, as follows. Continuation of matters listed on the City Council Agenda for 5 00 p m., August 3, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED / DATE TIME NAMF -2 ,t ;,, � 080399ag 0017 B. SPECIAL ORDERS OF BUSINESS - Continued Public Hearing on proposed Amendments to the General Plan Land Use Element and Zoning Code to change the Land Use Designation and Zoning of a 3 93 gross acre parcel located at 401 Aviation Boulevard from Parking (P) to 124' Street Specific Plan, and, to certify a Mitigated Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA). Environmental Assessment EA -472, General Plan Amendment GPA 99 -1, Zone (Map) Change ZC 99 -1 and Zone Text Amendment ZTA 99 -1 (124' Street Specific Plan) Applicant Bruce Kaufman, Extra Space Storage of Studio City, LLC Mayor Gordon stated this is the time and place hereto fixed for a Public Hearing on proposed Amendments to the General Plan Land Use Element and Zoning Code to change the Land Use Designation and Zoning of a 3 93 gross acre parcel located at 401 Aviation Boulevard from Parking (P) to 120 Street Specific Plan, and, to certify a Mitigated Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -472, General Plan Amendment GPA 99 -1, Zone (Map) Change ZC 99 -1 and Zone Text Amendment ZTA 99 -1 (124" Street Specific Plan) Applicant Bruce Kaufman, Extra Space Storage of Studio City, LLC Proper notice of the Hearing was given in a timely manner by the Planning and Building Safety Department No written communications had been received by the City Clerk's Office regarding this Public Hearing. Bret Bernard, Director of Planning and Building Safety, gave a brief presentation Cam Matsumoto, PSOMAS, read a brief statement on behalf of the applicant Mr Bruce Kaufman Lt Col Terrance Regan, Los Angeles Air Force Base, stated that the Air Force is requesting a 30 -day delay in adopting the Ordinance so that concerns regarding the potential impact on Base redevelopment can be assessed Bret Bernard, Director of Planning and Building Safety responded to questions Consensus of the Council to close the public hearing MINUTES REGULAR MEETING Of THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 2 013 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 20, 1999 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7 00 p m INVOCATION - Reverend Julie Elkins of the United Methodist Church PLEDGE OF ALLEGIANCE - Council Member Nancy Wermck PRESENTATIONS (a) Council Member Kelly McDowell presented commendation to Shannon Murphy and Tiffany Maisonet, recipients of the REACT Second Year Scholarship (b) Council Member Wemick presented proclamation to Anthony's Restaurant on its 40 year anniversary (c) Mayor Pro Tem Jacobs presented commendations to Tobin Johnson, Janee Elkins, Paul Elkins, Alyssa Johnson, and Katy Elkins for their skillful and quick response to danger and knowledge of life saving action ROLL CALL Mayor Gordon - Present Mayor Pro Tem Jacobs - Present Council Member Wemick - Present Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of 850 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 pumshable by a fine of 8250 Bill Mason, Past President of the El Segundo Chamber of Commerce, introduced Kathryn Lourtie, the new Chamber of Commerce Executive Director A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Gaines, SECONDED by Council Member Wemick to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 1 012 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 Chaney v City of El Segundo, LASC Case No BC 207453 2 Stier v City of El Segundo, LASC Case No YC 034617 3 El Segundo v Stardust, LASC Case No YC 031364 4 David V enegas, et al v County of Los Angeles, et al, LASC Case No BC 207136 5 Greffon v City of El Segundo, LASC Case No YC 035155 6 Ross v City of El Segundo, LASC Case No YC 034997 7 Hill v El Segundo, USDC Case No CV 98 -1463 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -4- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — One (1) matter - Public employee discipline (procedural matter) CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — Conference with City Manager regarding negotiations for Executive and Mid- Management Confidential Employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — Discussion with real property negotiator, City Manager Mary Strenn, about potential water well property REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at 6 55 p m Cathy Domann Deputy City Clerk MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE No 2 011 ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 20, 1999 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE - Council Member Nancy Wemlck ROLL CALL — Mayor Gordon - Present Mayor Pro Tern Jacobs - Absent Council Member Wermck - Present Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the Cif, Council on behalfof another, and employees speaking on behalfof their employer must so identify themselves prior to adds essing the City Council Fades e to do so shall be a misdemeanor and punishable by a fine of 5150 SPECIAL MATTER — Appointment of City Manager, Mary Strenn, as negotiator for the Executive and Mid - Management/Confidential Employees MOVED by Council Member Wemlck, SECONDED by Council Member McDowell to appoint City Manager, Mary Strenn, as negotiator for the Executive and Mid - Management/Confidential Employees MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS WERNICK, GAINES, MCDOWELL; NOES: NONE; ABSENT: MAYOR PRO TEM JACOBS. 41011. Mayor Pro Tem Jacobs arrived at the meeting at 5 05 p in CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, g seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO I rip CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 07/13/1999 THROUGH 07128/1999 Date Payee Amount 7/14/99 Health Comp 7/16/99 US Bank 7/21/99 Health Comp 7/23/99 Federal Reserve Bank 7/26199 Federal Reserve Bank 7/26/99 IRS 7/28/99 Employment Development DATE OF RATIFICATION: 08/03/99 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by 51539 355,440 81 1,73600 30000 20000 155,204 88 29,734 85 543,131 93 Deputy Treasurer Z a-1 Date Finance Director / /%/ tX// 1 /t /� 7/W'� Date City Manager -7/2 F!`,'9 Date Description Weekly eligible claims 7/09 ABAG Weekly eligible claims 7/16 Emp Bonds PR1 Emp Bonds PR2 Federal Taxes PR2 State Taxes PR2 543,131.93 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo nri9 O O 2 y A n m n O A O m N Z n m m u C m J 3 N n o' n 3 H m v 6 0 n Z b n ? � � b m � m Z A CY 4 �V N N m D m A f x B m m n m m 0 3 m B F, c3n m c � 3 S � m m n m N 0 a 0 m N m m a A a'aaE� pm 'apy o � pa g � 3c�3� a A •O qd M 9_ m !�mJ qX Aa 3 g N n g n C 3 m a m 1 N m 3 o' N m 0 n m 9m 0 m N n O 2 ° m 5 N m m 1 3R Ol a° m N O 3 m m c d ir M Q m O m c 0 rD n O mi c Z �o o r m o 0 m c 3 Z A o Z m � r 3 N m C u A a e N v s O R m n'm 0 M m m �XiiA r0� DDn ;0 O AAO �m p m o- .,ym ;m` 9V A n Q ivmI m � m yy Ti ZmKz, 4yma?yg� o m C C s c c m y m y y 0 p A p c X �i tmtnn m m o Z z n v g� -� n CC�1c1 r� o yCzom m m " D X C=4 =1 p Za ZOVm y c„ Fi ODaZ 9 g zZ O 2 O 01 Zo m y D cc$ T 20 A0 i i m T O 0 m m m m 0 n 0 8 1 N A n -1 O v >m� m �m m »im ma N ciH J N N O V N N Ip a °I mn b V m 1G � , • J W O A Y N b O O 'J N W b U+ ISI m (� M C N Z Su 0 a a D m 0 9 A r n 0 8 1 City Attorney Mark Hensley read Ordinance No 1309 by title only ORDINANCE NO. 1309 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -472 FOR THE CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, AND APPROVING GENERAL PLAN AMENDMENT 99 -01, ZONE CHANGE 99 -1, AND ZONE TEXT AMENDMENT 99 -01 FOR THE 124TH STREET SPECIFIC PLAN AT 401 AVIATION BOULEVARD. PETITIONED BY: BRUCE KAUFMAN, EXTRA SPACE STORAGE OF STUDIO CITY, LLC. Council Member Wemick introduced Ordinance No 1309 MOVED by Council Member Wemick, SECONDED by Council Member Gaines to postpone second reading of Ordinance No 1309 until August 17, 1999, so that the Applicant, Bruce Kaufman, PSOMAS, and the Air Force can work together to address Air Force concerns and assess the impact on planned Base redevelopment MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Public Hearing and a Resolution of the City of El Segundo, California finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance with California Government Code Section 65089 Mayor Gordon stated this is the time and place hereto fixed for a Public Hearing and possible adoption of a Resolution of the City of EI Segundo, California fmdmg the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance with California Government Code Section 65089. Proper notice of the Hearing was given in a timely manner by the Public Works Department No written communications had been received by the City Clerk's Office regarding this Public Hearing Bellur DevaraJ, City Engineer, gave a brief presentation. No public input was received MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wemick to close public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 3 014 015 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 6 Warrant Numbers 2503935- 2504193 in total amount of $815,982 44, and Wire Transfers in the amount of $1,011,782 03 7 City Council meeting minutes of July 6, 1999 8 The annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California The City Attorney has consented to the plan for records destruction Adopt Resolution No 4124 9 Resolution No 4123 of the City Council of the City of El Segundo, California authorizing the redesignation of the South Bay Service Delivery Area (SDA) as the new Local Workforce Investment Area and initiating the establishment of a Local Workforce Investment Board (WIB) Fiscal Impact None 10 PULLED FOR DISCUSSION BY MAYOR PRO TEM JACOBS 11 Award Contract No 2711 to Pavement Coatings Company for the fiscal year 1998 -99 Slurry Seal - Project No PW 99 -2 (contract amount $96,499 49) Appropriate $18,200.00 from unallocated Gas Tax Funds Authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney 12 PULLED FOR DISCUSSION BY MAYOR PRO TEM JACOBS 13 PULLED FOR DISCUSSION BY MAYOR PRO TEM JACOBS 14 Proposal for the City of El Segundo to award Contract No 2712 for the construction of the El Segundo Public Safety Communications Center project MOVED by Council Member McDowell, SECONDED by Council Member Wemick to approve consent agenda items 6, 7, 8, 9, 11 and 14 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510, MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 6 017 CALL ITEMS FROM CONSENT AGENDA 10 Proposed revisions of the class specification for the Job classification of Multi - Media Specialist MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member McDowell to approve proposed revisions of the class specification for the Job classification of Multi -Media Specialist MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 12 Adoption of plans and specifications for trenchless rehabilitation of sewer mains at various locations - estimated cost = $105,000 00 (project no PW 99 -4) Authorize staff to advertise project for receipt of construction bids MOVED by Council Member Wemick, SECONDED by Council Member McDowell to adopt plans and specifications for trenchless rehabilitation of sewer mains at various locations - estimated cost = $105,000 00 (project no. PW 99 -4) and authorize staff to advertise project for receipt of construction bids MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 13 Award of contract for the replacement of the Civic Center Emergency Generator - Project No PW 99 -3 (contract amount $139,138 00) MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to award Contract No. 2713 to Perez Electric, for the replacement of the Civic Center Emergency Generator - Project No PW 99 -3 (contract amount $139,138 00) MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. F. NEW BUSINESS - 15 Presentation of FY 1999 -2000 revenue forecast and assumptions. Bret Plumlee, Director of Finance, gave a presentation Consensus of Council to receive and file the report G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY - NONE I, REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 7 018 K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Wer ruck Reported on her meeting with Hyperion representatives and on recent trip to Florida to observe the Space Shuttle Launch, Mayor Pro Tem Jacobs Also commented on trip to Florida Council Member Gaines Reported on risk management plans Mayor Gordon Reminder that there would be a Public Session on the Downtown Specific Plan Wednesday, July 21, 1999, 7.00 p.m., in the City Council Chamber Gave an update on LAX Expansion Noted that during the week of August 2 -7, 1999, volunteers would be holding a CASE food collection drive Contact Julia Abreu -Mason for additional information Commented on the Farmer's Market success and noted that State Law prohibits dogs at the Market Discussed placing a measure on the November consolidated election ballot requiring a "Parking Lot Tax" Tax to apply to all paid parking structures in El Segundo Employees of companies using the structures will be exempt from the tax Consensus of Council to direct the City Attorney to draft a Resolution, for reading and adoption at the August 3, 1999 City Council meeting, for submittal to the County for the November 1999 consolidated election ballot MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20. 1999 PAGE NO B X19 PUBLIC COMMUNICATIONS - (Related to City Business Only. - 5 minute limit) Individuals who have received value of $50 or more to communicate to the Cit'v Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the Cuv Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Sandra Mason, resident, spoke regarding excessive speed and the re- routing of buses Staff to contact the MTA regarding this issue. Consensus of Council to establish a policy that at the time a memorial adjournment is announced, births will also be announced MEMORIALS - Hazel Yates, Community Leader CELEBRATIONS - The birth of Corinna Elizabeth Rehm, new daughter of Mr and Mrs Kevin Rehm CLOSED SESSION - NONE ADJOURNMENT at 8 28 p m to August 3, 1999, at 5 00 p m. Cathy Domarm Deputy City Clerk MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 9 020 CALL ITEMS FROM CONSENT AGENDA 10 Proposed revisions of the class specification for the Job classification of Multi - Media Specialist MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member McDowell to approve proposed revisions of the class specification for the Job classification of Multi -Media Specialist MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 12 Adoption of plans and specifications for trenchless rehabilitation of sewer mains at various locations - estimated cost = $105,000 00 (project no PW 99 -4) Authorize staff to advertise project for receipt of construction bids MOVED by Council Member Wemick, SECONDED by Council Member McDowell to adopt plans and specifications for trenchless rehabilitation of sewer mains at various locations - estimated cost = $105,000 00 (project no PW 99 -4) and authorize staff to advertise project for receipt of construction bids MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 13 Award of contract for the replacement of the Civic Center Emergency Generator - Project No PW 99 -3 (contract amount $139,138 00) MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to award Contract No. 2713 to Perez Electric, for the replacement of the Civic Center Emergency Generator - Project No. PW 99 -3 (contract amount $139,13800) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5 /0. F. NEW BUSINESS - 15 Presentation of FY 1999 -2000 revenue forecast and assumptions Bret Plumlee, Director of Finance, gave a presentation Consensus of Council to receive and file the report. G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 7 018 K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Wernick Reported on her meeting with Hyperion representatives and on recent trip to Florida to observe the Space Shuttle Launch Mayor Pro Tern Jacobs Also commented on trip to Florida Council Member Gaines Reported on risk management plans Mayor Gordon Reminder that there would be a Public Session on the Downtown Specific Plan Wednesday, July 21, 1999, 7-00 p in, in the City Council Chamber Gave an update on LAX Expansion Noted that during the week of August 2 -7, 1999, volunteers would be holding a CASE food collection drive Contact Julia Abreu -Mason for additional information Commented on the Farmer's Market success and noted that State Law prohibits dogs at the Market Discussed placing a measure on the November consolidated election ballot requiring a "Parking Lot Tax" Tax to apply to all paid parking structures in El Segundo Employees of companies using the structures will be exempt from the tax Consensus of Council to direct the City Attorney to draft a Resolution, for reading and adoption at the August 3, 1999 City Council meeting, for submittal to the County for the November 1999 consolidated election ballot MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 2a, 1999 PAGE NO 8 019 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 Sandra Mason, resident, spoke regarding excessive speed and the re- routing of buses Staff to contact the MTA regarding this issue Consensus of Council to establish a policy that at the time a memorial adjournment is announced, births will also be announced MEMORIALS - Hazel Yates, Community Leader CELEBRATIONS - The birth of Corinna Elizabeth Rehm, new daughter of Mr and Mrs Kevin Rehm CLOSED SESSION - NONE ADJOURNMENT at 8 28 p m to August 3, 1999, at 5,00 p in Cathy Domann Deputy City Clerk MINUTES REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JULY 20, 1999 PAGE NO 9 020 EL SEGUNDO CITY COUNCIL MEETING DATE August 3, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION' Second reading and adoption of Ordinance No 1310, AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA GRANTING SOUTHERN CALIFORNIA EDISON COMPANY A FRANCHISE TO OPERATE, MAINTAIN, REPLACE, REPAIR, REMOVE AND /OR ABANDON PIPELINES WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS RECOMMENDED COUNCIL ACTION. Adopt Ordinance No 1310 INTRODUCTION AND BACKGROUND, Currently, Southern California Edison Company ( "SCE ") maintains a comprehensive oil pipeline system throughout the greater South Bay and Southern California area, including the City of El Segundo Generally, the regulation of SCE and its pipeline system is regulated by the State of California through the Public Utilities Commission ( "PUC ") Changes in the electric utility system have not affected the status of the Edison Pipeline system It remains regulated by the PUC as a part of the electric utility operations The use of the pipeline to carry petroleum products for other purposes was authorized by the PUC in October, 1994 Therefore, El Segundo is largely pre - empted from regulating SCE's pipeline system. However, because pipelines at times are located within local public rights of way or on public property, state law does authorize cities such as El Segundo to enter into pipeline franchise agreements through the enactment of Ordinances to govern the pipelines' use of public property This state law sets forth numerous required terms for pipeline francluse agreements, including a limitation on how franchise fees to be paid to the local agency, such as El Segundo, must be calculated. on next Ordinance No 1310 FISCAL IMPACT Revenue to the City of approximately $5,000 annually, subject to adjustment for inflation /ORIGINATED Date Mark D Hensley, City Attorney July 27, 1999 mb \n \castaffrp INTRODUCTION AND BACKGROUND* (continued from previous page) Pursuant to the above authority, the City of El Segundo City Council has previously granted two oil pipeline franchises to SCE, via ordinance No 666, adopted June 26, 1967, and Ordinance No 967, adopted January 16, 1979 These Ordinances had twenty -five year initial terms Thus, Ordinance No 666 expired in June, 1992 and Ordinance No 967 expires in January, 2004 An application for renewal of Ordinance No 666, was submitted in January, 1992 As indicated, Ordinance No 666 relates to an existing pipeline located as follows crossing Vista Del Mar Boulevard at a location adjacent to SCE's El Segundo Steam Plant property, crossing Rosecrans Avenue at the intersection of Rosecrans and Elm Avenue Ordinance No 967's pipeline is located as follows Rosecrans Avenue west of Bell Avenue, then easterly in Rosecrans Avenue to a point near the centerline of Elm Avenue, thence southerly to the northerly boundary line of the City of Manhattan Beach SCE has provided a color map indicating the locations of the relevant pipeline As indicated above, SCE's Franchise Fee payments to the City are governed by state law Historical Franchise Fee payments to the City are as follows Franchise 1993 1994 1995 Ord No 666 $3200 3269 31 81 Ord No 967 $443410 449857 458095 1996 1997 2993 3227 472063 472063 As indicated above, in 1997, pursuant to Ordinance No 666, SCE paid the City a franchise fee of $32 27, which is based on 2% of SCE's gross revenues attributable to the Pipeline In 1997, pursuant to Ordinance No 967, SCE paid the City a franchise fee of $4,720 63, which is based upon an original fee of $2,500 adjusted annually for inflation pursuant to increases in the Producer Price Index. Thus, for 1997, actual fees paid were $4,720 63 DISCUSSION SCE has requested that the City consolidate the two existing franchise Ordinances Nos 967 and 666 into one Ordinance for ease of administration and to consolidate fee payments to the City. City staff, including the City Attorney's office, has been working with SCE for the past several months on a draft franchise Ordinance SCE has agreed to pay the City $5,000 to reimburse the City for its costs in processing the franchise application The basic provisions of the franchise are • Authorization to construct, lay, operate, test, maintain, use, renew, repair, replace, change size, and remove or abandon in place a system of pipelines for the purpose of conveying oil products, water, waste water, and other substances • Term of the franchise is twenty -five (25) years • Franchise payments at the highest authorized rate under state law. • Provide for reports and testing as needed The estimated 1998 payment under the proposed Ordinance is $5,150 93, subject to annual adjustment On July 20, 1999, Ordinance No 1310 was introduced 2 022 ORDINANCE NO. 1310 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY A FRANCHISE TO OPERATE, MAINTAIN, REPLACE, REPAIR, REMOVE AND /OR ABANDON PIPELINES WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS WHEREAS, on the 27 "h day of January, 1992, SOUTHERN CALIFORNIA EDISON COMPANY, ( "SCE"), a corporation, organized and existing under and by virtue of the laws of the State of California, filed with the City Council of the City of E1 Segundo, California, an application in writing for a franchise to use and to construct, lay, operate, test, maintain, use, renew, repair, replace, move, change the size and number of, remove or abandon in place a system of pipelines and appurtenances, for the purpose of conducting, transporting, conveying and carrying gas, oil, petroleum products, water, waste water, and other petroleum based substances on, along, in, under and across public streets, ways, alleys, and places within the City of El Segundo ( "City "), and requested the City Council to advertise the fact of the application; and, WHEREAS, the City of E1 Segundo had previously granted two oil pipeline franchises to SCE, Ordinance Nos. 666 (expired 7/26/92 with annual renewals) and 967 (expires 2/15/2004) ; and the City Council desires to combine the two franchises into one franchise for ease of administration and to consolidate franchise fee payments for the existing pipeline system; and, WHEREAS, the City Council by Resolution No. 4119, adopted on the 15th day of June, 1999, declared its intention to grant said pipeline franchise to Southern California Edison Company, and did set July 20, 1999 as the date of the pubic hearing thereon; and, WHEREAS, the City Council did, by aforesaid resolution, authorize and direct the City Clerk to publish a notice of intent to grant a franchise that state all the facts and matters in connection with the granting of the Franchise and is entitled: NOTICE OF INTENT TO GRANT A PIPELINE FRANCHISE TO LAY, OPERATE, TEST, MAINTAIN, USE, RENEW, REPAIR, REPLACE, MOVE, CHANGE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING, AND CARRYING GAS, OIL, PETROLEUM PRODUCTS, WATER, ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO I X23 WASTE WATER, AND PETROLEUM BASED PRODUCTS, ON, ALONG, UNDER AND ACROSS PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF EL SEGUNDO; and, WHEREAS, the City Clerk did publish said notice as directed by the City Council before any further action on said Franchise was taken by the City Council and affidavit of publication is on file in the office of the City Clerk, and, WHEREAS, on the 20th day of July, 1999, a public hearing was held and it was determined by the City Council to grant said pipeline Franchise to Southern California Edison Company, and WHEREAS, Southern California Edison Company will deposit with the City Treasurer the sum of $5,000 to cover the costs incurred in connection with the granting of said Franchise; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 NATURE OF FRANCHISE City hereby grants a non - exclusive Franchise ( "this Franchise ") to Grantee for a twenty -five (25) year term from the effective date to construct, install, operate, test, maintain, use, renew, repair, replace, move, change the size and number of, and remove or abandon in place a system of pipelines and appurtenances, for the purpose of transporting gas, oil, petroleum products, water, waste water, and other petroleum based substances, on, along, in, under, and across public streets, ways, alleys, and places (collectively the "streets "), within the City of El Segundo (Exhibit "A "). This Franchise shall automatically renew for two successive ten year terms upon the expiration of the initial twenty five year term unless either party shall notify the other in writing of its intention not to renew the Franchise for the next successive term, at least one hundred and eighty calendar days before the expiration of the then current term, but no sooner than one year before the expiration date This Franchise is hereby granted to Grantee and its lawful successors and assigns subject to the terms hereof. SECTION 2. COMPLIANCE WITH ORDINANCES, RULES, AND LAWS. The Grantee shall construct, install, and maintain all pipes, ORDINANCE NO 131 SCE PIPELINE FRANCHISE PAGE NO 2 n ? `I conduits, poles, wires, and appurtenances in accordance and in conformity with all the ordinances and rules adopted by the legislative body of the municipality in the exercise of its police powers and not in conflict with the paramount authority of the State, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein. SECTION 3. APPURTENANCES. Grantee shall have the right, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances as may be necessary or convenient for proper maintenance and operation of the pipelines. Appurtenances shall be kept flush with the surface of the Streets and located so not to interfere with the use of the Streets. Grantee shall have the right to make all necessary excavations in the Streets for construction and repair of the pipelines and appurtenances Grantee shall obtain all necessary and applicable permits from the City to complete such work. SECTION 4. LOCATION OF THE FACILITIES. So far as is practicable, the Facilities shall be located along the edge or shoulder of the Streets or in parking areas adjacent thereto so as to not unreasonably disturb the flow of traffic, and where possible shall be laid in the unpaved portions of the Streets, if any. SECTION 5. CONSTRUCTION OF THE FACILITIES A Terms of Construction The Facilities shall be installed, maintained and inspected by Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with any applicable ordinances, rules or regulations now or hereafter adopted or prescribed by the City, state or federal authorities. The Facilities shall conform to applicable standards for pipelines imposed by the California State Fire Marshal and any other applicable regulatory authority, including but not limited to those standards under the California Pipeline Safety Act of 1981 (Government Code §51010 et seq.). B Restoration of the Streets The work of laying, constructing, maintaining, operating, renewing, repairing, excavating, restoring, changing ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 3 �?5 and moving any segments of the Facilities, and all other work in exercise of the rights under this Franchise, shall be conducted with the least practicable hindrance or interference to use of the Streets by the public or City, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by applicable City, county, state or federal regulations. All excavations shall be back filled and adequately compacted. The surface of the streets shall be placed in as good and serviceable condition as existed before commencement of the work If Grantee fails to restore the excavation as required, City or its agents may, at the City's sole discretion, restore the excavation site to the reasonable satisfaction of the City Engineer Within forty -five (45) days after receipt of the City's itemized bill Grantee shall pay to City, on demand, the reasonable cost of all repairs to public property made necessary by any of the operations of the Grantee under the Franchise. SECTION 6. DOCUMENTS TO BE FURNISHED. A. Maps Within ninety (90) days following the execution of this Agreement, Grantee shall file with City a map or maps, in such form as may be required by the City Engineer, showing accurately the locations and sizes of all of the Facilities currently in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file with City a revised map or maps showing the locations and sizes of all such additional and /or abandoned facilities as of that date. B Documents To and From Government Agencies Upon request by City, Grantee shall, at Grantee's sole expense, provide to City any report, document, or writing (including, but not limited to, report of incidents, inspections, safety, reports, and permit applications or documents) to or from any government agency concerning the facilities as necessary SECTION 7 COMPENSATION TO THE CITY. A Annual Franchise Fee As consideration for the granting of this Franchise, Grantee shall pay an annual Franchise Fee to City. The Franchise Fee shall be paid annually to City in lawful money of the United ORDINANCE NOI 310 SCE PIPELINE FRANCHISE PAGE NO 4 n26 States by April 15 of each calendar year. Any neglect, omission or refusal of Grantee to pay the Franchise shall constitute grounds for declaration of a forfeiture of this Franchise and all rights hereunder Acceptance by City of any payment of the Franchise Fee shall not be construed as a release, waiver, acquiescence or accord and satisfaction of any claim City may have for further or additional sums payable under this Franchise or for the performance of any other obligation hereunder. The Grantee shall, during the life of this franchise, pay to the City, in lawful money of the United States and in the manner provided by law, an annual franchise fee in an amount determined in accordance with Section 6231.5 of the Public Utilities Code of the State of California. Pursuant to Public Utilities Code Section 6231.5 (c), the 1989 Base Rate franchise fee is $4,13073 The amount of each franchise fee payment shall be determined each calendar year as follows: (1) The amount of the payment shall be adjusted at the time payment is due by multiplying the 1989 Base Rate by the Consumer Price Index, All Urban Consumers for the Los Angeles- Anaheim- Riverside Area as published by the United States Department of Labor, Office of Information, for the month of September immediately preceding the month in which payment is due and payable, and dividing by the Consumer Price Index for June 30, 1969, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. (2) If the United States Department of Labor, Office of Information, discontinues preparation or publication of the aforesaid Consumer Price Index for such Area, and 1f no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the Index for June 30, 1989, City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this Section in approximate proportion as commodity consumer prices then current vary from consumer prices current in December, 1988. On this point, the City's reasonable determination shall be final and conclusive. (3) If said Office of Information shall revise said Index, the parties hereto shall accept the method of revision or conversion recommended by said Office ORDINANCE NO 1 31 0 SCE PIPELINE FRANCHISE PAGE NO 5 n27 B Administrative Fee for Processing this Franchise In consideration for the granting of this Franchise, and to reimburse City for its administrative expenses in preparing, advertising and approving the documents for this Franchise, Grantee shall pay City Five Thousand Dollars ($5,000.00) within thirty (30) days after the Effective Date of this Franchise. SECTION 8 EMERGENCY PREPAREDNESS A Spill Prevention and Response Planning 1. At all times during the life of the Franchise and to the extent required by law, as the law relates to the Facilities, Grantee shall maintain. a. An oil spill prevention and response plan consistent with and conforming to California Office of Oil Spill Prevention and Response Regulations (OSPR) of Title 14, Division 1, Subdivision 4, Chapter 2, Subchapter 3, § §815 -817 of the California Code; b A Business Plan pursuant to Chapter 6 95 of the California Health and Safety Code; C. A Chemical Inventory pursuant to Chapter 6 95 of the California Health & Safety Code, and d. Pipeline maps and diagrams, and a contingency plan for pipeline emergencies pursuant to California Government Code §51015 2 Grantee shall also comply with any requirements for similar plans lawfully imposed by any federal, state or local authority during the term of this Franchise and shall pay all applicable fees for review of such plans. 3. Upon request, Grantee shall meet with the City Fire Chief or Fire Chief's designee as requested to discuss and review the above described plans and response plans for pipeline emergencies. All emergency response work performed by Grantee shall be performed in accordance with the applicable plans and in cooperation with the City Fire Department. ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 6 028 B. Operational Requirements a. Grantee shall cause the Facilities to be secure against unauthorized entry and tampering. b. Grantee will maintain and submit to the City a California State Fire Marshal approved contingency plan for pipeline emergencies as required by California Government Code, Chapter 5.5 (The Elder California Pipeline Safety Act of 1991. SECTION 9 OPERATIONS, MAINTENANCE AND REPAIR. To the extent required by law, Grantee shall operate, maintain and repair the Facilities in accordance with the California Pipeline Safety Act (Government Code § 551010 - 51019), U S Department of Transportation Hazardous Liquid Pipeline Regulations (49 C.F.R. Part 195) and any and all other applicable federal and state rules Grantee shall immediately make all repairs to the Streets and City property made necessary by any of the operations of Grantee, upon obtaining all necessary City permits. SECTION 10. REARRANGEMENT OF FACILITIES. A. Expense of Grantee 1. If any portion(s) of the Facilities shall, endanger the public in the use of the Streets or interfere with or obstruct the use of any street by the public or for public purpose, City shall have the right to require Grantee to move, alter or relocate such portion(s) to avoid such danger, interference or obstruction, in conformity with written notice from the City Engineer, at Grantee's sole expense. In such an event, City agrees to provide Grantee with a reasonable alternative location to relocate such portion(s) of the Facilities so as to provide an unbroken connection between the relocated portions and the portions that remain in place. 2. Whenever, during the term of this Franchise, the City, .including any water, electric, gas or other utility system hereafter owned or operated by City, any community facilities or assessment district, or any other agency established by City in its ministerial capacity, shall change the grade, width, alignment or location of any street, way, alley or place, or improve any said street in any manner, including but not limited ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 7 029 to the laying of any city sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway, viaduct or other work of City (the right to do all of which is specifically reserved to City without any admission on its part that it would not otherwise have such rights) , Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location of any portion(s) of the Facilities in conformity with the written approval of the City Engineer, including but not limited to removal or relocation of any portion(s) of the Facilities, if and when deemed necessary by the reasonable determination of the City Engineer. B Expense of Others 1. City shall also have the right to require Grantee to rearrange any part of the Facilities for the accommodation of any private person, firm or corporation. When such rearrangement is done for the accommodation of any private person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with Grantee cash in an amount, as in the reasonable discretion of Grantee, necessary to pay all the costs of such rearrangement. 2. The rearrangement referred to in subsection 1 of subparagraph B of this Section shall be accomplished in conformity with the written notice of the City Engineer and plans approved by the City Engineer C. Rearrangement of Other Facilities. Nothing contained in this Franchise shall be construed to require City to move, alter or relocate any of its facilities upon any of the Streets, at its own expense, for the convenience, accommodation or necessity of any other public entity, person, firm or corporation now or hereafter owning a public utility system of any type or nature, or to move, alter or relocate any part of its system upon any of the Streets for the convenience, accommodation or necessity of Grantee D Notice Grantee shall be given not less than one hundred eighty (180) days written notice of any rearrangement of any portion(s) of the Facilities which Grantee is required to make under this Section. Such notice shall furnish final, approved plans detailing the necessity for the rearrangement of such portion(s) of the Facilities, specify in reasonable detail the work to be done by Grantee, and shall specify the time that ORDINANCE NO -1310 SCE PIPELINE FRANCHISE PAGE NO 8 rap such work is to be accomplished. In the event that City shall change the provisions of any such notice given to Grantee, Grantee shall be given an additional, reasonable period of time to accomplish such work. SECTION 11. REMOVAL OR ABANDONMENT OF FACILITIES. At the time of non - renewal, revocation or termination of this Franchise or the permanent discontinuance of use of the Facilities or any portion thereof, Grantee shall, sixty (60) days thereafter, make a written application to the City Engineer to either- (1) abandon all, or a portion, of the Facilities in place, or (2) remove all, or a portion of the Facilities Such application shall include a closure plan, which shall demonstrate to the reasonable satisfaction of the City Engineer and City's Fire Chief that any regulated materials which have been stored or transported in the Facilities or such portions(s) thereof have been or will be transported, disposed of or reused in a manner consistent with public health and safety, and shall describe the portion(s) of the Facilities desired to be abandoned by reference to the map or maps required by Section 6, hereof and shall also describe with reasonable accuracy the relative physical condition of such portion(s) of the Facilities. Thereupon, the City Engineer and the Fire Chief reasonably shall determine whether any proposed abandonment or removal may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall notify Grantee, according to such requirements as shall be specified in the City Engineer's and the Fire Chief's order to either 1. Remove all or a portion of the Facilities, or 2. Abandon in place all or a portion of the Facilities, subject to reasonable conditions imposed by the City Engineer, and Fire Chief to protect public health, safety and welfare, and to protect City against future liability. If any portion(s) of the Facilities to be abandoned in place subject to the prescribed conditions are not abandoned in accordance with all such conditions, the City Engineer may make additional appropriate orders, including, as the City Engineer deems desirable, an order that Grantee shall remove all such portion(s) of the Facilities in accordance with applicable requirements. If any portion(s) or all of the Facilities are abandoned, all right, title and interest in those abandoned shall ORDINANCE NOI310 SCE PIPELINE FRANCHISE PAGE NO 9 f' 31 remain with Grantee, and City shall not acquire any possessory, equitable or other interest therein SECTION 12 INSURANCE REQUIREMENTS Liability Insurance The Grantee shall, provide proof of a Commercial General Liability Insurance, including pollution liability insurance, and excess automobile liability insurance, including all coverage's, with no special limitations affecting City. The limit for all coverage's under this policy shall be not less than five million dollars ($5,000,000) per occurrence It is agreed that the Grantee is allowed to lawfully self insure automobile liability City, its employees, officials and agents, shall be named as additional insureds by endorsement to the policy Grantee shall also provide proof of Worker's Compensation Insurance with statutory limits and Employer's Liability Insurance with limits of not less than $5,000,000 Grantee is allowed to lawfully self insure Workers' Compensation Grantee shall provide proof of any self insurance. SECTION 13 INDEMNIFICATION BY GRANTEE. Grantee shall indemnify, defend, protect, and hold harmless the City, its officials, employees, agents and officers from and against any and all liability claims, demands, losses, costs, fines, penalties, expenses, causes of action, or damages (collectively referred to as "damages ") for damages proximately resulting from Grantee's exercise of this Franchise or any operations of the Facilities; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this Franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Additionally, except to the extent agreed to or caused by acts or omissions of City, its elective and appointive boards, officials, officers, employees, volunteers, assigns, successors, and agents, Grantee shall indemnify, defend and hold harmless City, its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest from and against all claims, demands, losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, and ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 10 P32 other expenses, and the cost of any required or necessary repair, cleanup or detoxification, or the preparation and implementation of any response, remedial, removal, closure or other required plans (regardless of whether undertaken due to government action) arising out of or attributable to the presence, use, generation, Storage, transportation, release, or disposal of Hazardous Material arising out of Grantee's exercise of this Franchise or the operation of the Facilities, regardless of whether any act or omission is authorized, allowed or prohibited by this Franchise As used in this Section, Hazardous Material means any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to: (1) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S C. §9601, et seq. (CERCLA); the Hazardous Materials Transportation Act, 49 U.S.0 §1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U S.C. §2601, et seq , the Clean Water Act, 33 U.S C. §1251, et seq.; the California Hazardous Waste Control Act, Health and Safety Code §25100, et seq , the California Hazardous Substance Account Act, Health and Safety Code §25330, et sea., the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code §25249.5, et seq , California Health and Safety Code §25280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code §25170 1, et seq.; California Health and Safety Code §25501, et seq. (Hazardous Materials Response Plans and Inventory); or the Porter - Cologne Water Quality Control Act, Water Code §13000, et seq., all as amended; or (2) any other federal, state or local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or materials, as now is, or at any time hereafter may be, in effect; or (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. SECTION 14 TRANSFER OR ASSIGNMENT. The Grantee shall file with the legislative body of the municipality within thirty (30) days after any sale, transfer, assignment, or lease of the Franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the Grantee or its duly authorized officers. If any transfer, assignment, lease, or sale of the Franchise is to a person or entity that is a non public utility pipeline, then City approval is required, which approval shall not be unreasonably withheld If the City approves that ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 11 03.3 sale, transfer, assignment, or lease of this Franchise, then the City may change the annual Franchise payment to an amount otherwise authorized by applicable state law. Upon approval, the new Grantee shall pay to the City a sum of money sufficient to reimburse it for all expenses incurred by it in connection with the approval of the sale, transfer, assignment, or lease of this Franchise; said payment to be made within thirty (30) days after the City shall have furnished said Grantee with a written statement of such expenses SECTION 15. WAIVER OF BREACH. No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Franchise by City shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Franchise. No delay or omission of City in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Franchise. SECTION 16 VIOLATION OF FRANCHISE, COMPLIANCE, FORFEITURE A Violation of Franchise; Demand for compliance; Forfeiture. If the Grantee fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in PUC Section 6291, and does not within ten (10) days after written demand for compliance, or after such beginning does not prosecute the work with due diligence to completion, the City, by its legislative body, may declare the franchise forfeited SECTION 17. SCOPE OF RESERVATION Nothing herein contained shall ever be construed so as to exempt Grantee from compliance with all applicable ordinances of City now in effect or which may be hereafter in effect which are not inconsistent with the terms of this Franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as City may have or hereafter have in law. ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 12 1'3 1 SECTION 18. NOTICE Any notice required to be given under the terms of this Franchise, the manner of service of which is not specifically provided for, may be served personally, sent by an overnight delivery service, or by depositing same with First Class postage prepaid in the United States Mail addressed as follows: To City, To Grantee- Director of Public SOUTHERN CALIFORNIA EDISON COMPANY Works Attention: Director City of E1 Segundo Legislative and Local Governmental Affairs 350 Main Street 2244 Walnut Grove Avenue, Room 312 El Segundo, CA 94250 Rosemead, CA 91770 SECTION 19 SUCCESSORS The terms of this Franchise shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto. SECTION 20. INTERPRETATION. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against the parties. This Franchise shall be interpreted and construed according to the laws of the State of California. SECTION 21. ENTIRE AGREEMENT. This Franchise contains the entire understanding between City and Grantee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Franchise shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Franchise is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Franchise shall be valid and binding. SECTION 22. EFFECTIVE DATE OF FRANCHISE. This Franchise shall not be in effect unless and until the ordinance of the City Council granting this Franchise is in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Franchise to be executed by their authorized representatives as of the Effective Date hereof. ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 13 n35 PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999. CITY OF EL SEGUNDO ( "City„) by MIKE GORDON, MAYOR ATTEST STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO SS SOUTHERN CALIFORNIA EDISON COMPANY by ( "Grantee ") Name/Title 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 1110 was duly introduced by said City Council at a regular meeting held on the 20th day of July 1999, 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 3rd day of August 1999, and the same was so passed and adopted by the following vote- AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORT �/ Mark D Hensley, City Attorney ORDINANCE NO 1310 SCE PIPELINE FRANCHISE PAGE NO 14 036 Ordinance No. 1310 EXHIBIT "A" PIPELINE ROUTE General Description Commencing in Rosecrans Avenue at a point 809 57 feet west of the centerline of Ball Avenue, thence easterly in Rosecrans Avenue to a point near the centerline of Elm Avenue, thence southerly to the northerly boundary of the City of Manhattan Beach X37 EL SEGUNDO CITY COUNCIL MEETING DATE August 3, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Disadvantaged Business Enterprise (DBE) program for protects utilizing Federal Highway Administration (FHWA) funds RECOMMENDED COUNCIL ACTION' Adopt program INTRODUCTION AND BACKGROUND* The City sometimes utilizes FHWA funds to finance transportation related protects such as the proposed Douglas Street Gap Closure /Railroad Grade Separation project As a condition of receiving federal -aid, local agencies are required by the Federal Government to adopt a DBE program and to set minimum goals for participation by DBE firms in federal -aid protects For the purpose of the program, a DBE is defined as a small business concern which is at least fifty -one percent (51 %) owned and controlled by socially and economically disadvantaged individuals Failure to have an adopted DBE program could jeopardize grant of FHWA funds to the local agency DISCUSSION. In California, Caltrans administers the federal -aid funds and the DBE program on behalf of the Federal Government and has developed a model DBE program for adoption by the local agencies (Discussion continues on the next page.....) ATTACHED SUPPORTING DOCUMENTS: Disadvantaged Business Enterprise Program FISCAL IMPACT: Operating Budget. Capital Improvement Budget- Amount Requested• ProjecUAccount Budget: Project/Account Balance. Account Number: Project Phase: Appropriation Required: Date. Date: Page 1 of 2 N \COUNCIL\AUG03 -01 DOC (Fnday 7/23/99 2 00 P M ) '4 DISCUSSION. (continued) Caltrans has determined that the recent passage of State Proposition 209 (repeal of affirmative action in California) does not override federal law and therefore local agencies that utilize federal funds must comply with the Federal DBE requirements which is set in federal law (49 CFR Part 23) The City Attorney has concurred with the above Caltrans determination Staff recommends City Council adoption of the enclosed DBE program which has been approved as to form by Caltrans and the City Attorney As noted before, this program is only applicable to City projects funded in whole or in part by the Federal Highway Administration Page 2 of 2 N COUNCUAUG03 -01 DOC (Fnday 7123199 2 00 P M) X3`1 rr f�tl 0/ " yeYWIT4 Public Works Department Ron Green, Interim Director DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF EL SEGUNDO ADOPTED BY THE CITY COUNCIL ON 1999 POLICY STATEMENT It is the policy of the city of El Segundo to utilize Disadvantaged Business Enterprises (DBEs) and firms as defined in 49 CFR Part 23 in all aspects of contracting to the maximum extent feasible This policy, which is fully described herein, constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S Department of Transportation modal element This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE firms have the maximum opportunity to compete for and perform contracts DISADVANTAGED BUSINESS ENTERPRISE (DBE) LIAISON OFFICER Mr Ron Green, Interim Director of Public Works, is the DBE Liaison Officer for this agency and shall report to the City Manager He will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs as may be required The reporting structure and duties of support staff are shown on Attachment A N \PROJECTS \DBE 1 DOC 350 Main Street, El Segundo, CA 90245 a TEL 310- 322.4670 FAX 310- 322.4167 n40 III DUTIES OF THE DBE LIAISON OFFICER The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day -to -day basis Typical duties include, but are not limited to, the following activities • Develop and carry out technical assistance programs for DBEs, including referrals to supportive services • Arrange solicitations, time for the presentation of bid, quantities, specifications, and delivery schedules, so as to facilitate the participation of DBEs Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved • Provide guidance to DBEs in overcoming barriers, such as inability to obtain bonding or financing • Carry out information and communication programs on contracting opportunities in a timely manner Programs shall be bilingual where appropriate • Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises • DBEs certified by Caltrans will be utilized Said listing is to be made available to all project bidders Said listing will include the following information Name, address, telephone number, ethnic and /or sexual ownership, and type of work performed by firm • Prior to approval of the substitution of any DBE sub - contractor, the prime contractors will be required to prove performance of good faith efforts to replace DBE with another eligible DBE. Establish a DBE overall annual goal The goal shall be evaluated annually and adjusted as necessary • Establish an appropriate individual protect DBE goal for each Federal -aid project advertised • Perform good faith analysis when the protect goal is not achieved • Maintain such documentation as is necessary to verify performance of all activities included in this program IV PUBLIC NOTIFICATION At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published Said publication shall include N \PROJECTS \DBE DOC (7115199) 2 041 • The annual overall DBE goal • Notification that a description of how the goal was set is available for public inspection for a period of thirty (30) days • Notification that both U S DOT and this agency will accept comments on the goal of forty -five (45) days from the date of the notice The notice shall advise interested parties that comments are for information purposes only This program will be reaffirmed by public notice annually at the time of publication of the overall goal If substantial changes are made to this document, the entire document shall be subject notification noted in (1) above In addition to the forgoing, interested disadvantaged and non - minority contractor organizations will receive direct mailings of this complete program V ESTABLISHMENT OF GOAL The DBE goal will be established both annually (overall) and on a per contract basis The overall goal will be based on planned contract activity for the coming year The overall goal established will be subject to methodology and procedures established in 49 CFR Part 23, Subparts (C) and (D) and take effect on October I" of each year 2 The overall DBE goal established with this initial program is 10 % and covers the period from October 1, 1998 to September 30, 1999 3 Individual project goals will be established based on the following criteria • Attainment of established goals. • Size of project • Opportunities for DBEs as subcontractors, vendors, and suppliers • Minority population of geographic area in which work is to be performed • DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions • Availability of certified DBEs • Past experience on projects similar to the project being evaluated N \PROJECTS \DBE DOC (7/15/99) 3 042 Such other factors as may affect the utilization of DBEs Complete evaluation documentation will be retained for each project Protects which do not contain a specific goal will contain the following provisions A "Policy. It is the policy of the City of El Segundo that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement " B "DBE Obligation The recipient or its contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts" These provisions would not be necessary if Caltrans' standard special provisions are used, since they are already included by reference in Section 2 -1.02, "Disadvantaged Business" See Section 12 8 of the Local Assistance Procedures Manual VI CONTRACT PROCEDURE This program shall be implemented through the utilization contract special provisions provided /updated as necessary by the Caltrans Office of Local Programs (or comparable) These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform, or material to be furnished, and the dollar value of each DBE subactivity VII DBE NOTIFICATION Protects will be advertised in local newspapers and minority focus newspapers when possible These ads will include reference to DBE requirements and will indicate the DBE protect goal DBE supportive service assistance centers will receive notification of protects scheduled to be advertised Such centers will be afforded the opportunity to N TROJECTS013E DOC (7115199) 4 fi J receive complimentary plans and specifications for projects within their geographical area of responsibility VIII SELECTION CRITERIA FOR PROJECTS WITH DBE GOAL Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his /her designee to ascertain bidding contractors' efforts to attain the DBE goal The award of any project must be concurred with by the DBE Liaison Officer of his /her designee before said contract maybe awarded Should there be disagreement between functional units concerning contractor's efforts to attain contract goals for DBE participation, the matter shall be referred to the City Manager or his /her designee, for final determination Competitors that fad to meet the DBE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non - responsive and ineligible for award of the contract All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an on -going basis by project personnel during the course of construction The DBE Liaison Officer is to be immediately advised of any circumstance wherein contractor compliance with the DBE provision is questionable The contractor shall submit a Final Report Utilization of DBE (Exhibit 17 -F) for each project which includes total payments to the prime contractor as well as any payments the prime contractor has made to DBE subcontractors, vendors and suppliers If the report indicated the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors, or suppliers IX COUNTING DBE PARTICIPANTS This agency, its contractors, and subcontractors shall count DBE participation in accordance with the provisions of Section 23 47, Title 49, of the Code of Federal Regulations X RECORDS AND REPORTS The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information • Awards to DBEs • Awards to majority contractors • Final project reports concerning DBE utilization. N NPROJECTS \DBE DOC (7115/99) 5 n 4 1 • Such other data as needed to fully evaluate compliance with this program The DBE Liaison Officer shall submit reports to Caltrans and /or to the appropriate U S DOT modal element as required XI COMPLAINTS Any complaints received by the Agency concerning this program will be investigated by Mr Mark D Hensley, City Attorney He will endeavor to resolve said complaints within ninety (90) days of receipt by the DBE Liaison Officer The appropriate DOT modal element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/ resolution The DOT modal element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint Contractors will be directed to notify the Agency of any complaints they may receive concerning this program 045 N \PROJECTS \DBE DOC (7/15/99) R CITY OF EL SEGUNDO DBE PROGRAM City Manager Conflict Resolution N 1PROJECTS\DBE -A DOC (7/13199) City Attorney Complaint Investigation Director of Public Works DBE Liaison Officer EXHIBIT "A" 046 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION' MEETING DATE: August 3, 1999 AGENDA HEADING: Consent Agenda Status report on public parking lot at the southwest corner of Main Street and Manposa Avenue COUNCIL ACTION. Receive and file INTRODUCTION AND BACKGROUND On May 4, 1999 the City Council authorized staff to designate four (4) stalls in the public parking lot at the intersection of Main Street and Mariposa Avenue for two (2} hour limited parking This action was taken in response to concerns expressed by residents and businesses that the parking lot did not have any short term parking, and that this situation was aggravated by the daytime use of the lot by High School students DISCUSSION In the staff report for the May 4, 1999 Council meeting, staff had recommended that the lot be monitored for two (2) months after the designation of the two (2) hour limited parking stalls to evaluate the effectiveness of the short term parking designation The Police Department performed a random survey of the lot between May 12, 1999 and June 8, 1999 when the High School was open The survey indicated that for most of the time short term parking was available in the four (4) designated stalls and in the short term parking on Main Street in the vicinity of the lot Staff does not recommend any further action by the City Council at this time ATTACHED SUPPORTING DOCUMENTS Police Department report dated June 10, 1999 FISCAL IMPACT- Operating Budget - Capital Improvement Budget: Amount Requested ProjectlAccount Budget. Project/Account Balance: Account Number* Project Phase: Appropriation Required AKEN. Date: Date• N COUNCUPW-AUG -03 02 (Friday 7/23/99 2 00 P M) 5 '47 e& Inter - Departmental Correspondence June 10, 1999 To: Sergeant Al Graham From: Cadet Chris Cameron arvb Subject: 2 Hour parking stalls on the Southeast comer of Main and Manposa Since May 12, 1999, I have been monitoring the two -hour parking zones surrounding Main and Mariposa No citations have been issued since May 12 Attached you'll find a random sampling of the number of cars that were parking in those spaces on certain dates and times It is my opinion that the amount of two -hour parking spaces is sufficient and that no problem exists 0 � "4R MAIL _ _ -- - Jri - 11 I L2ht� I 2NrJ 1 L zHiz - - -- - - - IAA I}J -- - - -�-F — --- - - - - -- - - - - NO OF 1✓Mr --rY 2- R2 STA LL.S - - - -- -- - - - - - -- - - 4 5TALL5 ,7 -�ATr - STA U S VU al 13g ll Z $ `t°1 cis 3r s125 slZSi� a 'l 06 1226 qH og30 Z Z- 1ALL YA 1130 Z 2 S)- 30 o 1 15DO 61?- 1360 d y rd9 r50 TE 57ALL5 PJ STALLS ON - -- 3 i-�C� 19 _ �6ts -- _- G= - 6 3 (`E `-4 -- -- _ 61� `1E1 3 , p - - - - -- - -- " L2H�� 2ND 1 LZ R l 2N>;, - -- - - -- -- - ND aF EMPTY 2 H2 STa LL.s r50 TE 57ALL5 PJ STALLS ON - -- 3 i-�C� 19 _ �6ts -- _- G= - 6 3 (`E `-4 -- -- _ 61� `1E1 3 , p - - i r50 EL SEGUNDO CITY COUNCIL MEETING DATE: August 3, 1999 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION. Acceptance of Roller Hockey Rink — Phase ll (site Improvements) — Project No PW 98 -11 (final contract amount = $58,591 00) RECOMMENDED COUNCIL ACTION: Accept the work as complete Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office INTRODUCTION AND BACKGROUND On May 18, 1999, the City Council awarded a contract to Green Giant Landscape, Inc , in the amount of $59,214 00 for Roller Hockey Rink — Phase II These improvements included site improvements, concrete walkways, fenced booths and a masonry block retaining wall DISCUSSION All work has now been completed to staffs satisfaction The final contract amount based on actual measured quantities of work is $58,591 00 This project is funded from Los Angeles County Grant Funds for Recreation and Park projects ATTACHED SUPPORTING DOCUMENTS' Notice of Completion Vicinity map FISCAL IMPACT Operating Budget. Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance- Account Number: Project Phase, Appropriation Required- $58,591 00 $66,00000 $60,00000 Date: July 19. 1999 301 -400- 8202 -8988 Acceptance of work Date, N COUNCIL\AUG03 -03 DOC (Friday 7123199 2 00 5M ) a W S3139NV S01 � W O IAANflO] - CAI; V � W LL u o V a a 3NYON1M1VH A0 Alt] ftft- �011210 M►S O! 3! dt r52 H 00.00). W 6 CD Q 4 1 Z 2 .0lwl0as � 7w. •1] W O Ilw. 10ao f M .I11]),Ip1 AM a./ U )O )1 /.w lw mina 9w) V...1 9. 11..0011 O. ) ... ". O O Z V l]A N LL O w CL a O U 04 M a W Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street EI Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Roller Hockey Rink - Phase II Project No PW 98 -11 Notice Is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the Interest stated below in the property hereinafter described 2 The full name of the owner Is City of El Segundo 3 The full address of the owner Is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the Interest of the owner is Public park 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on 7/6/99 The work done was Roller Hockey Rink Site Improvements 6 On 813/99, the City Council of the City of EI Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Green Giant Landscape, Inc 8 The property on which said work of Improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Public Recreation Park 9 The street address of said property Is N/A Dated Bellur K Devaraj City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, t have read said Notice of Completion and know the contents thereof, the same Is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 1999 at El Segundo, California Bellur K Devaraj City Engineer N \NOTICE'S \PW98 -11 NOC (7/21/99) r C l EL SEGUNDO CITY COUNCIL MEETING DATE, August 3, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION, Proposed traffic signal for Rosecrans Avenue between Douglas Street and Aviation Boulevard RECOMMENDED COUNCIL ACTION. Approve proposed traffic signal with the condition that the signal and timing design shall require approval by the Los Angeles County Department of Public Works INTRODUCTION AND BACKGROUND: The Manhattan Gateway Development at 1800 Rosecrans Avenue is currently under construction within the City of Manhattan Beach The project developer has proposed a new traffic signal (to be constructed at developer's cost) for Rosecrans Avenue, approximately 500 feet east Douglas Street, to provide access to the project DISCUSSION The Manhattan Gateway Project is on the southside of Rosecrans Avenue and across from the Continental Park Development in El Segundo on the northside The proposed traffic signal will create a new signalized intersection for Rosecrans Avenue between Douglas Street and Aviation Boulevard and provide access to both the Manhattan Beach Gateway Project and Continental Park Development Continental Development supports the proposed signal (Discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: Vicinity map FISCAL IMPACT: Estimated total signal maintenance costs of $1,800 /year to be shared equally by the Cities of Manhattan Beach and El Segundo Operating Budget Capital Improvement Budget: Amount Requested Project/Account Budget. Project/Account Balance. Account Number: Project Phase: Appropriation Required Date: 9t EI TED: Date Fi�h '1q A &w4&.a- -1 /n L /M Daile s� Page 1 of 2 N COUNCILWUG03 -04 (Fnday 7/23/99 2 00 P M ) DISCUSSION: (continued) The Manhattan Beach City Council has approved the signal The developer has requested approval by the City of El Segundo since one -half of the signal is within El Segundo The Los Angeles County Department of Public Works, which maintains and operates all signals along Rosecrans Avenue, and the City's consultant Traffic Engineer have conceptually approved the proposed signal Based on previous maintenance history, the average cost of maintaining a traffic signal is $1,800 /year /signal This cost for the new signal is proposed to be shared equally by the Cities of Manhattan Beach and El Segundo Design and signal timing details will require review and approval by the County prior to the installation of the signal Staff recommends City Council approval of the proposed traffic signal Page 2 of 2 N \COUNCILWUG03 -04 (Friday 7/23/99 2 00 P M ) x.55 f- a OW j l A1Nnoo S3130NV SOl AMi 3NNONIMON i0 A11J v > � I oAt oaalo NrG � r/ _F t 1 t Yp)N31j Yl —�� i n N • � F 9 9 9$ 9 0 V o � n� 3nv osl DDDD n��i�� �— I �� n • % F � m F Y aAIY ® u / /yypplaYlAY b l Y 1• F m _. !toot 119 V03 - ab YFIYI O � ' r 3MOON003tl < lfYm � �i 9 i nuW1 AN 1- , lu O OY a)ln0 A1MixLLllp ` w Z 'm Z , 3NIl M33tl0 i Otl13N 3 Y is m,uv' W 1S y -� y NGVM 4( i \ is NS1N 't X.4 u W J i (31YNgfd) lr N3MlN09 "4& ; AYM O] W F AYM 53Na0N - - -�- 0 03111Y z ¢ rW a z s i < f_iN0_dyY_ OA,G y u AS M,3t i < F Y liil F m M11 SEA . A10431 < F-6�� W MGitl SEA M is YMYIUMI )M .10 YIOM © N Yf slONllll )M N13 LL aD�oo 1 lMld as xomxlNnw CAM 1 N,.Y f lY f1SMYN t111 tllpd H 12 .IxY0111.J )A lvd V MYOfIIYJ < 1S MODIYO d I` )M 3 YN u 10YA34 3. oil 11 FAI 130 Yl OO O�� J 16 Y)193] C N C W wo walYSxn) � 'a ONIl1YtN ¢ n 1�aY nxtlnp � ®� is wNOI < tl 1] 1 lYY ® 36 IYYIIi = 1S NN."3, g GY lN]Mt D Y J u - - N O - <w n 16 pYVpNYlf _ E�B�BB 1f MI.N Nil'• 'r J 1[ ONONM]IY �iA'�� ?Opr Crl! "1'• "O DDo e 1s o!o]NOJ eee ^94 N 1INI9YIA B 1 15 ONI11Nx y ® 15 N1s1A SNOT ` s l �� '�' i o rno ❑ 1 lw t ! I Z V • 15 153Y1IIIN \ In 9.32nA j rt" \ IL U �I."." ANO 1)tM ES O J 0 NA tlJ >� W ` a p Of a a LL Z u W F N o t �_ W N u U a d M i W �5E EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION. MEETING DATE: August 3, 1999 AGENDA HEADING. Consent Agenda Adopt plans and specifications for the Douglas Street pavement rehabilitation between El Segundo Boulevard and Alaska Avenue — Project No PW 99 -5 (estimated cost = $285,000 00) RECOMMENDED COUNCIL ACTION: Adopt plans and specifications 2 Authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND. The fiscal year adopted 1998 -99 Capital Improvement Program Includes a project to rehabilitate Douglas Street between El Segundo Boulevard and Alaska Avenue DISCUSSION Douglas Street within the project limits is a heavily traveled four (4) lane secondary arterial The street pavement is severely deteriorated and presents a maintenance burden to the City ATTACHED SUPPORTING DOCUMENTS. Map of area for pavement rehabilitation FISCAL IMPACT- Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget. Project/Account Balance Account Number: Project Phase, Appropriation Required: (Discussion continues on the next page..) Yes $250,00000 $250,00000 $250,00000 Date: 119,106400- 8203 -8310 Adoption of Plans and specifications Not at this time Date: Page 1 of 2 N COUNCILV+UG03 -05 DOC (Friday 7/23/99 P;Au 8 DISCUSSION: (continues) Staff has prepared plans and specifications, which propose removal of existing deteriorated pavement and re- paving with new pavement The portion of Douglas Street south of Alaska Avenue, which will be Impacted by the proposed Douglas Street Gap Closure Project, will be treated with a slurry seal coating to preserve the pavement until the Gap Closure Project Is completed The City has received Los Angeles County Metropolitan Transportation Authority (MTA) approval to utilize $125,000 00 of City's local return Proposition "C" revenues The current Capital Improvement Program also includes $125,000 00 of City's gas tax revenues for a total budget of $250,000 00 The total project cost, Including design, Inspection costs and construction contingencies are estimated to be $285,000 00 If favorable bids are received, the project may be completed within the budgeted amount Staff recommends that the project be advertised for bids and the bid results evaluated to determine the amount of additional appropriations, If any, required to complete the project Page 2 of 2 N \COUNCILIAUG03 -05 DOC (Fnday 7/23/99 2 00 P M ) 058 W LL W IAlN(10] $3139Ntl Sal AMd O 1 d0 4113 0 NtlS Z °M3 UG 1I n bv3N31p y) \ �� N n N n n n n a � I W � u _ o u a a N1 � {I N911YINr 3MOCN003m AYN NMtl = U 4 W at 6 r r a x _ rm3lnaac � :lM Nr0 :aM wl3 W O :3M 3X11 :3M 1n"ll.. �. !M 111AUNI0a f :7 nY wlra u '3M 313.w :1. 11319.1 /AY laYnrl '9N A3w.0O13 OY 3N1NYlY Q Q z 0 w w w O J w a a w M o r F- A A I 2 W W "M Qv l EL SEGUNDO CITY COUNCIL MEETING DATE: 03 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Request for the City Council to review its policy on the Code Compliance program; and, provide direction to Staff Applicant: Crry of El Segundo. ;L=1H•151,SL4iP 9191611p, [ww1e] tKu 1) Receive and file, thereby reconfirming and maintaining the current Council policy and priorities; or, 2) Other possible direction INTRODUCTION AND BACKGROUND: The City Council adopted Resolution No 3961 on January 16, 1996. This Resolution established the Cdy's present Code Compliance Program The Program was established as a means to regulate the provisions of certain sections of the El Segundo Municipal Code Staff modified the adopted Policy (at the request of the Council) in July of the same year (refer to attached Since that time, the Policy and pertinent procedures have remained virtually the same The current City Council Policy employed by Staff is as follows. 1) A PRIORITY LIST of issues that Code Compliance Staff handles was established Currently these issues (in order of Council identified importance) are a) illegal units; b) health and safety concerns; c) residential violations, and, d) commercial violations 2) Additionally, the Council Policy established (windshield) QUARTERLY INSPECTIONS of the City by the Budding Inspectors to report any obvious Code violations 3) This Policy also established a system of sending THREE LETTERS to the property owner to alert him or her to potential violations In an attempt to either gain compliance (in the case of an obvious violation) or to verify the ewstence of a reported violation through a property inspection, Staff sends a series of three letters to the property owner requesting that he or she contact Code Compliance Staff If after the third letter is sent, the violation has not been remedied, a compliance schedule has not been established, or the owner refuses to contact Staff, the case is referred to the City Attorney's office for attention. The Attorney's office follows a similar process of three letters in order to establish communications and/or compliance If unsuccessful, the City Attorney may seek possible legal action pursuant to established City procedure The brief policy description outlined above has been in place since 1996 This Policy has not been reviewed and confirmed or modified since its adoption by the (previous) City Council However, beginning with the agenda item, unless directed otherwise, and consistent with a recommendation in the recently completed Planning and Budding Safety Organizational Audit, Staff intends to submit the current Policy to the Council annually for consideration and, at the Council's discretion, either reconfirmation or revision. As additional information, at the upcoming 17 August 1999 meeting, the City Council will consider the somewhat related item with regards to Residential Property Reports, wherein Building Permit research and wdenor inspections of properties being sold are done for disclosure purposes of potential Code violations. ATTACHED SUPPORTING DOCUMENTS: 1) Memo to Members of City Council, 4 June and 1 July 1996 2) Municipal Code Compliance Policy Violation Categories and Established Priorities 3) City Council Resolution No. 3961. FISCAL IMPACT: None. r ( 9 060 CITY OF EL SEGUNDO INTERDEPARTMENTAL CORRESPONDENCE DATE: 04 June 1996 (adopted by City Council) 01 July 1996 (staff revised) TO: All Members of the City Council THROUGH: James W. Morrison, City Manager 3 FROM: Bret B. Bernard, Director of Planning and Building Safety SUBJECT: Municipal Code Compliance Policy Below is the Municipal Code Compliance Policy which the City Council adopted on 04 June 1996, which has been modified (pursuant to and consistent with Council direction) Please review to verify that it remains consistent with your intent. We will eliminate the advertisement asking the public to notify us of violations they believe may exist (this of course does not preempt someone from notifying City Hall on their own of possible violations). 2 The City will be divided into a number of areas with each Building Inspector being responsible for their areas. On an ongoing basis, each Building Inspector will have the responsibility of surveying their assigned areas for possible Municipal Code violations Each area of the City will be surveyed completely a minimum of four (4) times a year (quarterly) All complaints received will be assigned to the appropriate Building Inspector in an attempt to determine if a violation has or has not occurred Upon the possible violations having been identified by the Building Inspectors or any other Planning and Building Safety staff, they will be turned over to the Planning /Code Compliance Division for Code Compliance activity The Planning Division will identify appropriate staff in the Department who will be identified as the Code (Consumer) Compliance Officer It is this individual's responsibility to pursue the alleged offense. 4 The process for pursuing the possible violation will be as follows' a A letter will be sent to the alleged violators asking the parties to contact the Code (Consumer) Compliance Officer within ten (City) working days P 6 1 Page 2 b Upon no response having been received from the first letter, a more strident letter will be sent from the Code (Consumer) Compliance Officer asking the individual to contact the Code (Consumer) Compliance Officer within ten (City) working days. c Upon no response having been received from the first and second letters, a more strident letter will be sent stating the City will take legal action if we do not hear from them within five (City) working days. 5 All parties who come forward will be asked to clarify their alleged Municipal Code violation. This may include a site visit from the Code (Consumer) Compliance Officer or another member of the Planning and Building Safety Department staff 6 If a violation is determined to exist, the method of compliance will be determined by the Director of Planning and Building Safety or his/her authorized representative; and, agreed upon in cooperation with the property owner /violator The property owner and/or their designee shall begin compliance measures within 30 days of the written agreement, and all work should be completed within 90 days. The Director of Planning and Building Safety may grant additional time for Code Compliance as deemed appropriate beyond the initial 90 day period if the property owner, or their designee, requests, in writing, that extraordinary circumstances prevent action from being taken. Parties who are willing to comply with the compliance measures, but lack the financial resources to do so, will be subject to a lien against their property, with the City then possibly paying for the Code Compliance required charges and reimbursement sought from the violating party at a later date. 7 All parties who refuse to comply will be subject to the City bringing legal action against them in civil court with the property owner /violator, upon being found guilty, being responsible for paying all the City's legal fees, as well as any and all costs associated with Code compliance. To ensure timely prosecution, legal work can be contracted to outside law firms as required. 8 The City should pursue non - comphance issues with its staff and in court based upon the following priorities a Illegal units - all zones P62 Page 3 0 All safety and health concerns Other residential violations - additions /property maintenance /other violations. Other commercial violations 9. Any parties that reach compliance with the City, and then post - compliance alters it again, will be subject to a fine, all legal bills, and other costs associated with the City's subsequent Code Compliance efforts. memoslbbbloo&wmp pol rs3 G1T Y 0�, SEGVt� MUNICIPAL CODE COMPLIANCE POLICY VIOLATION CATEGORIES AND ESTABLISHED PRIORITIES 1. ILLEGAL UNITS a/ Garage and carport conversions b/ Accessory structure conversions (attic, recreation and rumpus rooms) c/ Guesthouse conversions d/ Single unit conversions to multiple units 2. HEALTH AND SAFETY a/ Abandoned refrigerators b/ Unprotected swimming pools c/ Dangerous and deteriorated buildings d/ Dangerous or hazardous vermin and vegetation 3. OTHER RESIDENTIAL VIOLATIONS a/ Illegal construction /additions b/ Illegal home occupation businesses c/ Property maintenance (lack of landscape maintenance, disrepaired roofs, peeling paint, broken windows, abandoned buildings, discarded furniture, boxes, trash and debn, etc ) 4. COMMERCIAL VIOLATIONS a/ Illegal construction /additions b/ Illegal signs c/ Illegal uses d/ Noise e/ Elimination of parking and loading spaces P \codeenf\ 1996 \workshop \subosteg ce C64 RESOLUTION NO.3961 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEMM, CALIFORNIA, ADOPTING A CODE ENFORCEMENT POLICY WHEREAS, on October 16, 1995 at a public study session, the Council discussed the need for reviewing the City's method of seeking compliance of those properties which are in violation of the El Segundo Municipal Code, and WHEREAS, at the December 19, 1995 City Council Meeting, the City staff reported back to the Council with respect to the Staff's review of the City's method of seeking compliance of those properties which are in violation of the El Segundo Municipal Code; and WHEREAS, at the December 19, 1995 City Council Meeting, Council directed staff to prepare a Code Enforcement Policy NOW, THEREFORE, BE IT RESOLVED THAT after consideration of the above facts the City Council approves, adopts and establishes the following. SECTION 1 The Code Enforcement Policy attached hereto as Exhibit A is approved and adopted. SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 16th day of January, 1996. NFiyor or t oz EI3`egundo; California ATTEST , Y (SEAL) � N n4 OlEy t orney 065 E,XMrr "All (to Resolution No 3961) The City Council has by Resolution No 3961, dated January 16, 1996, adopted the following code enforcement policy Method of Enforcement A Generating and Receiving Complaints Generating Complaints Staff shall cause to be published in a local newspaper an advertisement inviting the residents and property owners of EI Segundo to subaut wntten or oral complaints of Zoning Code violations relating to real property to the City The advertisement shall occur quarterly and contain a complaint form for completing and delivering to the City It shall also identify a City telephone number which can be called to lodge oral complaints All complainatrts shall be allowed to remain anonymous Receiving Complaints Staff shall log in all complaints and a staff member shall be available during regular working hours to receive oral complaints Oral complamts shall be recorded on the same fort used for written complaints and shall include a notation that the complaint was received orally and the name of the staff member receiving the complaint B Investigation of Complaints All complaints which facially constitute a violation of the El Segundo Municipal Code shall be investigated by staff within 15 days of the receipt of the complaint, or as soon thereafter as practicable Violations which would constitute an immediate and significant health and safety threat should be investigated unmednately Staff shall prepare a written record refledmg the dates and results of mvesugations C Pmasumg Compliance of Code Violations, Code Violations which Constitute an hnme&de and Significant Health and Safety Threat Any code violation which constitutes an immediate and significant health and safety threat shall be immediately referred to the City Manager and the responsible department (e.g, fire or police) or outside agency for review and enforcement All Other Code Violations, a Witten Waning If after completing their investigation staff fords evidence tnvidmg to show that a code violation exists, staff shall initially send by certified mail a written notice of the violation to the property owner The notice shall specify that the property owner will have thirty (30) days to rectify the violation or enter into agreement with the City to provide for rectifying the violation by a date established by the City ]e[ n \[pplu[S \N]-6K LM 066 FXFIIBIT "A" (to Resolution No. 3961) Legal Action If Staff detemrnes that the potential code violation, which has not been remedied through the "Written Wammg" process, appears to be sufficiently supported by evidence such as to make it likely that compliance could be gamed through legal action, Staff shall place the violation in a pool with other similar violations On a periodic basis and in an open meeting forum, Staff shall randomly select from the pool of violations, one or more violations for purposes of initiating legal action The selected violations shall be referred to the City Attorney's office for purposes of filing a civil abatemendnutsance action PRIORITY OF CODE ENFORCEMENT City Staff shall pnontize code enforcement as follows 1 Immediate and Sig tficant Health and Safety Threats 2 Illegal Dwelling Uruts 3 Violations which Cause Blight and Detenoratnon of Aesthetics 4 All other Violations III STAFF REPORTS TO COUNCIL Staff shall prepare monthly reports to the City Council for the fast year of this code enforcement policy and thereafter quarterly reports, which reports shall be public record, setting forth the number and types of complaints received, the number of violations which appear to exist based upon staffs investigation, the number of property owners who complied through the written warning process, and the mmnber of violations placed in the pool of violations. W AMNESTY PERIOD For a 60 day period commencing January 17, 1996 any property owner who voluntarily reports a code violation, which does not constitute an immediate and significant health and safety threat, for histherlits own property prior to the City receiving a complaint respecting the violation, shall be entitled to enter into an agreement with the City which gives the property owner one year to rectify the code violation If the"Iem is not rectified within the one year period, the agreement shall entitle the City to rectify the problem and charge all costs associated therewith to the homeowner 2 067 STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES j SS CITY OF EL SEGUNDO ] 1, 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 the said City is five, that the foregoing resolution, being RESOLUTION NO. 3961 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16th day of January, 1996, and the same was so passed and adopted by the following vote AYES Mayor Jacobson, Mayor ProTem Weston, Councilman Swdz, Councilman Robbins, and Councilwoman Friedkin NOES None ABSENT None ABSTENTION None NOT PARTICIPATING None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 181h day of January, 1996. CINDY MORTESEN, City Clerk of the City of El Segundo, California (SEAL) 068 2 Q / 0 a w Q » ¥ / a 2 2 Q k c O U � a 5 U 2 Q # 22/ � \ �\\ cz \ & A t \ $ 22/ � \ �\\ 3/ � \ \ & A t \ $ 3/ � \ PGD \ • © R /2 o « & \g u o 2 0 ® \ m 2 .§ ���� ± bi)� _ s % — o k cd d C) _ g.E2•$�j §§ � 5[ / }3 /Uq .\ t 6 « PGD EL SEGUNDO CITY COUNCIL MEETING DATE: July 20,1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Take action necessary to give notice of a special election regarding the implementation of a special tax on parking lot businesses RECOMMENDED COUNCIL ACTION: Adopt the four resolutions attached INTRODUCTION AND BACKGROUND: On July 6, 1999 City Council directed staff to prepare documents for the implementation of a 10% tax on all paid parking in the City of Ell Segundo Revenues generated by the tax would be used for police and fire services and public road improvements Employees of companies that use a parking structure will be exempt from the tax DISCUSSION (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: Resolution Giving Notice of a Special Municipal Election to be held November 2, 1999 to Provide Revenues for the City's Police and Fire Departments and Public Road Improvements and "Exhibit A4 attached Resolution Requesting the Los Angeles County Board of Supervisors to Consolidate a Special Municipal Election to be held November 2, 1999 with the School Election ➢ Resolution Setting Priorities for Filing Written Arguments Regarding City Measures and Directing City Attorney to Prepare an Impartial Analysis of the Measure ➢ Resolution Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections Fiscal Impact: Potential Revenue Source of $200,000 to $600,000 annually; One -time costs for Special Election of $30,000 Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: $30,000 001400 -1302 -6206 ORICANATE • Date: - 7/27/y 3 �2 = e Bret Plumlee, Director of Finance REVIEWED BY: Date: Mary Strenn, City, Manager /> yy 070 to DISCUSSION: The current Municipal Code section 5 08 527 requires parking lot operators to pay a business license tax of $9 per parking stall per year This generates approximately $15,000 annually The attached ordinance would amend this section to require parking lot operators to pay a business license tax of 10% of annual gross receipts generated from the operation of the parking lot This tax will not apply to receipts attributable to employee parking on these lots Fiscal Impact Finance staff has done a preliminary analysis of existing paid parking lots in the City, which indicates that there are roughly 2,600 paid parking spaces that generate approximately $2,000,000 to $5,000,000 in gross receipts, net of employee parking, to the parking lot operators/owners This would bring in approximately $200,000 to $500,000 annually to the City Only the estimated cost of the election of $30,000 would be included in the FY 1999 -2000 Proposed Budget This is based on very preliminary figures Special Tax The parking lot tax is being proposed as a special tax, which means that the revenues generated by the tax must be pledged for specific purposes In this case the purposes are fire and police services and public road improvements. Proposition 218, a constitutional amendment adopted by the voters on November 5, 1996, places restrictions on the adoption of taxes, including special taxes Article XIII C, Section 2 (d) of the California Constitution provides that "No local government may impose, extend or increase any special tax unless and until such tax is submitted to the electorate and approved by a two - thirds vote A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved Thus, a special tax must be placed on the ballot and be approved by at least two-thirds of the vote The proceeds from a special tax must be used exclusively for the purposes for which it is levied lect on Procedures/Resolutions The procedures for the City Council to place a tax measure on the ballot are relatively simple and straightforward Once the proposed ordinance imposing the tax is drafted, the City Council adopts a Resolution calling and giving notice of the special municipal election This action is the only necessary action by the City Council with respect to placing a tax measure on the ballot The actions described below may be desirable but they are not mandatory The City Council may, in its discretion, adopt a resolution authorizing any or all of the Council Members to prepare and submit a written argument regarding the proposed tax measure The legislative body, or any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, are all authorized, pursuant to Section 9282 of the Electrons Code to file a written argument for or against any city measure If the City Clerk, in her capacity as the city electrons official, receives more than one argument, she must select one of the arguments to be printed and distributed to the voters Section 9287 of the Electrons Code sets out the preference and priority that the city electrons official must comply with as follows 1 The legislative body, or member or members of the legislative body authorized by that body 071 2 The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure 3 Bona fide associations of citizens 4 Individual voters who are eligible to vote on the measure Thus, if the City Council chooses not to authorize one or more of its Members to prepare an argument, individual voters or bona fide associations of citizens will have the opportunity to have their arguments, if any, printed and distributed to the voters In addition, pursuant to Section 9280 of the Elections Code, the City Council may, in its discretion, authorize and direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure The City Council may also, by Resolution, request that the Board of Supervisors consolidate the Special Municipal Election for the tax measure with the School election to be held at the same time Consolidation is generally more efficient and less costly to the City Notice that a special election will be held in November must be submitted to the Los Angeles County Board of Supervisors by August 6, 1999 It is important to point out that because of the critical timing of this notice, the analysis included with the report is preliminary only, and staff will continue to research and fine -tune the fiscal impact until the November 2, 1999 election 072 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, FOR THE SUBMISSION TO THE VOTERS OF A SPECIAL TAX ON PARKING LOT BUSINESSES TO PROVIDE REVENUES FOR THE CITY'S POLICE AND FIRE DEPARTMENTS AND FOR PUBLIC ROAD IMPROVEMENTS Whereas, Article XIII C requires that special taxes be approved by a two - thirds vote of the people, and Whereas, the People of the City of El Segundo ( "City ") desire to impose a tax for purposes of providing revenue for the operation of the City's Police and Fire Departments and for public road improvements to maintain the fiscal integrity of the City and to ensure that the City continues to meet its obligations to the community in the provision of these vital public services, and Whereas, the City Council desires to maintain a fair system of taxation that equitably applies the business license tax to the businesses in the City; and Whereas, the City already taxes businesses based on the number of employees employed within the City, and Whereas, an exemption from the proposed tax is provided for employee parking to maintain the desired fairness and equity in the City's taxation system, and Whereas, under the provisions of the laws of the State of California, a Special Municipal Election shall be held on November 2, 1999 to submit to the voters at the election a question relating to the adoption of a business license tax on parking lot businesses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That to provide revenues for the operation of the City's Police and Fire Departments and for public road improvements the City is placing on the ballot of an amendment of the parking lot tax Section 2 That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of El Segundo, California, on Tuesday, November 2, 1999, a Special Municipal Election RESOLUTION NO PARKING LOT TAX PAGE NO 1 073 Section 3 That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question "Shall an Ordinance be adopted that replaces the current YES business license fee of $10 per year on shuttle service parking stalls with a special 10% tax on gross receipts on all parking, except employee parking, for purposes of providing revenues for police and fire services and public road NO improvements " Section 4 That the proposed measure to be submitted to the voters is attached hereto as Exhibit A Section 5 That the ballots to be used at the election shall be in form and content as required by law Section 6 That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election Section 7 That the polls for the election shall be open at seven o'clock a m of the day of the election and shall remain open continuously from that time until eight o'clock p m of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California Section 8 That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections Section 9 That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law Section 10 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions RESOLUTION NO PARKING LOT TAX PAGE NO ? 074 PASSED, APPROVED AND ADOPTED on this 3rd day of August, 1999 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 3rd day of August, 1999, 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 RESOLUTION NO PARKING LOT TAX PAGE NO 3 075 ORDINANCE NO AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 5 08 527, ENTITLED "PARKING LOTS," OF CHAPTER 5 08, ENTITLED "BUSINESS LICENSE SCHEDULE," OF TITLE 5, ENTITLED "BUSINESS REGULATIONS AND LICENSING," OF THE EL SEGUNDO MUNICIPAL CODE BY IMPOSING A GROSS RECEIPTS TAX ON PARKING LOT BUSINESSES AND ELIMINATING THE PER PARKING SPACE TAX THE PEOPLE OF THE CITY OF EL SEGUNDO ORDAIN AS FOLLOWS: Section 1 Section 5 08 527, entitled "PARKING LOTS," of Chapter 5 08, entitled `BUSINESS LICENSE SCHEDULE," of Title 5, entitled `BUSINESS REGULATIONS AND LICENSING," of the El Segundo Municipal Code is hereby amended to read as follows "5 08 527 PARKING LOTS Every person engaged in the business of operating a parking lot for vehicles shall pay a business license tax of ten percent (10 %) of annual gross receipts generated from the operation of the parking lot. For purposes of this section, the term "gross receipts" shall mean gross income, as defined in the Internal Revenue Code The business license tax imposed by this section shall not apply to receipts attributable to employee parking for a building located in the City which is serviced by the parking lot ' Section 2 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof Section 3 The City Clerk shall certify to the passage and adoption of this Ordinance and enter it into the book of original Ordinances Section 4 The City Clerk shall publish or post the ordinance according to law ORDINANCE NO PARKING LOT TAX PAGE NO 1 076 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, WITH THE SCHOOL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE Whereas, the City Council ( "City Council') of the City of El Segundo ( "City ") adopted its Resolution No on August 3, 1999 calling a Special Municipal Election to be held on Tuesday, November 2, 1999, for the purpose of submitting to the voters the question relating to the adoption of a special business license tax on parking lots, and Whereas, it is desirable that the Special Municipal Election with respect to the question relating to the adoption of a business license tax on parking lots be consolidated with the school election to be held on November 2, 1999, and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Special Municipal Election and the election be held in all respects as if there were one election, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidate a Special Municipal Electron with the School electron on Tuesday, November 2, 1999, for the purpose of placing an initiative measure on the ballot Section 2 That a measure is to appear on the ballot as follows- "Shall an Ordinance be adopted that replaces the current YES business license fee of $10 per year on shuttle service parking stalls with a special 10% tax on gross receipts on all parking, except employee parking, for purposes of providing revenues for police and fire services and public road NO improvements " RESOLUTION NO REQUEST COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION, NOV 2, 1999 PAGE NO 1 077 Section 3 That the county election department is authorized to canvass the returns of the Special Municipal Election The election shall be held in all respects as if there were only one electron, and only one form of ballot shall be used Section 4 That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election Section 5 That the City of El Segundo recognizes that costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for all costs related thereto Section 6 That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county electron department of the County of Los Angeles Section 7 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions PASSED, APPROVED AND ADOPTED on this 3`d day of August, 1999 Mike Gordon Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, 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 3rd day of August, 1999, 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 RESOLUTION NO REQUEST COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION, NOV 2, 1999 PAGE NO 2 Q�11 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE Whereas, a Special Municipal Electron is to be held in the City of El Segundo, California, on November 2, 1999, at which there will be submitted to the voters the following measure "Shall an Ordinance be adopted that replaces the current business license fee of $10 per year on shuttle service parking stalls with a special 10% tax on gross receipts on all parking, except employee parking, for purposes of providing revenues for police and fire services and public road improvements " NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That the City Council authorizes [Mayor][Council Member] to file, on behalf of the City Council, a written argument regarding the proposed City measure set forth above, in accordance with the Electrons Code of the State of California, Division 9, Chapter 3, Article 4, commencing with Section 9280, which argument shall include the signatures of the each Council Member who wishes his or her signature to appear The City Council further authorizes the inclusion of the signatures of other persons or organizations as the Council Member(s) wish, not to exceed five (5) signatures on each argument, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk Section 2 That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measures The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments Section 3 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions RESOLUTION NO CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE PAGE NO I a 079 PASSED, APPROVED AND ADOPTED on this 3`d day of August, 1999 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 3rd day of August, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City APPROVED AS TO FORM Mark D Hensley, City Attomey RESOLUTION NO CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE PAGE NO 2 080 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS Whereas, Sections 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor The authors may prepare and submit rebuttal arguments not exceeding 250 words The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments Rebuttal arguments shall be printed in the same manner as the direct arguments Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut Section 2 That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed and superseded Section 3 That the provisions of Section 1 shall only apply to the special municipal election to be held on November 2, 1999, and shall then be repealed Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions RESOLUTION NO FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE PAGE NO I 081 PASSED, APPROVED AND ADOPTED on this 3rd day of August, 1999 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 3rd day of August, 1999, 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 RESOLUTION NO FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE PAGE NO 2 082 L EL SEGUNDO CITY COUNCIL MEETING DATE* AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Discussion and possible action with respect to requesting Staff to prepare a report pursuant to Elections Code Section 9213 with regard to Mr Walter Baynes' initiative petition which seeks to amend the City's Municipal Code by prohibiting freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative ") Additionally, Staff is recommending the adoption of an urgency ordinance which would prohibit on an interim basis the processing of any new applications for freight forwarding uses in all of the City's commercial and industrial zones RECOMMENDED COUNCIL ACTION: 1 Discuss the Initiative and direct Staff to prepare a report to the Council pursuant to Elections Code Section 9213 1 Discuss and potentially adopt an urgency ordinance pursuant to Government Code Section 65858 prohibiting Freight Forwarding in all of the City's commercial and industrial zones for a 45 -day penod On June 9, 1999 the City Clerk's office was served with notice that Mr Baynes was preparing to circulate a petition and requesting the City Attorney's Office to provide, as required by law, a ballot summary and title On June 28, Mr. Baynes retracted his original notice and gave the Clerk's Office a new notice which included slightly amended initiative language (copy attached) On June 29, the ballot title and summary were transmitted to Mr Baynes On July 8, 1999, Notice was published in the Herald with respect to the circulation of the Initiative for signatures DISCUSSION Pursuant to Elections Code Section 9213, the City Council may, after publication of the above - described notice, request the Staff to report on (1) the Initiative's fiscal impact, (2) the Initiative's effect on the internal consistency of the City's General Plan and Zoning Code, and (3) any other matter the Council requests related to the Initiative The report must be completed not later than 30 days after the (continued on following page) Initiative language, as amended on June 28. Urgency Ordinance FISCAL IMPACT. (Check one) Operating Budget: NIA Capital Improv. Budget Amount Requested- Project/Account Budget: Project/Account Balance: Date: Account Number Project Phase: Appropriation Required - Yes No X n ica -ffsffrp r� 11 (continued from previous page) elections official certifies the sufficiency of the signatures on the petition As the petitions were filed with the City Clerk's Office on July 23, and the Clerk has 30 working days to review the petition, the report would need to be returned to Council within approximately 60 days The Staff is also recommending that the Council adopt an urgency ordinance which will prohibit freight forwarding and similar uses in the City's industrial and commercial zones for a 45 -day period The Council would have the option of extending the ordinance for up to two years at subsequent Council Meetings Staff is recommending the urgency ordinance so that it can study the impact, desirability and compatibility of freight forwarding uses within the City It has become apparent that there is strong community sentiment on his issue and the City has been involved in litigation twice in the last several years over this issue Additionally, surrounding communities such as Hawthorne and Gardena are reviewing similar issues related to such uses and have adopted their own urgency ordinances Accordingly, there is a concern that the City will receive more applications for such uses based upon the lack of available sites in these surrounding communities Finally, there are at least 35 sites in the City on which freight forwarding operations are occurring. Staff is concerned that there may already be an over concentration of this use in the City and that if a moratorium is not placed on such uses the problem could be further exacerbated prior to the time the City is prepared to consider General Plan and Zoning Code Amendments n84 Walter L. Baynes III 336 Hillerest Street _ El Segundo, California 902mp ,188 28 PH 3* 50' H:(310) 640 -8700 W: (310) 563 -5559 June 28, 1999 The Honorable Cindy Mortesen City Clerk City of El Segundo 350 Main Street El Segundo, California 90245 PERSONAL DELIVERY Re Request for Preparation of Ballot Title and Summary Dear Ms Mortesen• Pursuant to California Elections Code section 9202, enclosed please find the notice of intent for a proposed municipal initiative. I hereby request, pursuant to California Electrons Code section 9203, that a title and summary for this initiative be prepared by the city attorney. If you have any questions, please feel free to contact me. Sincerely, �-- Oe �Ag WALTER L. BAYNES III Proponent Enclosures Proposed Initiative Notice of Intent to Circulate Petition 08 1) Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of El Segundo for the purpose of amending the El Segundo Municipal Code pertaining to the Urban Mixed -Use (MU) Zone A statement of the reasons of the proposed action as contemplated in the petition is as follows- The Mixed Use North (MU -N) zone was intended for mixed use commercial purposes Future development of the zone should not include new freight forwarding or similar uses. "Freight forwarding" was permitted, subject to a conditional use permit, with the intention of allowing relatively small, existing freight forwarding facilities to remain in place, and that new freight forwarding uses will be detrimental in the MU -N zone for a variety of reasons which include, among others, (1) traffic congestion caused by large trucks, (2) air pollution created by diesel exhaust; (3) growth inducing impact on air cargo operational capacity at Los Angeles International Airport, (4) wear and tear on our streets by truck traffic, and (5) lost opportunity to obtain greater tax revenue for the City from the development of other commercial uses permitted in the MU -N zone Walter L. Baynes III 336 Hillcrest Street El Segundo, California 90245 nss The people of the City of El Segundo do ordain as follows- Section 1 Purpose The purpose of this initiative is to amend the El Segundo Municipal Code, Title 20 — Zoning, sections 20 36 040 and 20.36 050, so that freight forwarding and other similar uses, as defined herein, will no longer be allowed, and instead shall be prohibited uses in the Mixed Use North (MU -N) zone; provided, however, that freight forwarding uses already in existence pursuant to conditional use permits shall not be adversely affected Section 2 Section 20 36 040 shall be amended to read as follows (deletions indicated by sinkeetit, additions indicated by italics) 20 36 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Catering services and flight kitchens, B. Drive -thru restaurants; G. Freight , I3- C Helicopter landing facilities subject to the provisions of Section 20 12 160; D. Hospitals, F— E. Motion picture /television production facilities (outdoor facilities only), 8. F On -site sale and consumption of alcohol at bars, II- G Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or dnve -thru restaurant, but not exceeding 200 square feet of floor area, I- H. Parking facilities, including park and nde lots, 4-1 Recreational facilities (public and commercial), I- J Service stations, if a 500 foot mrmmum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard, L: K. Video arcades with four or more video or arcade machines, and, Ito- L Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determination. (Ord. 1272). Section 3. Section 20 36 050 shall be amended as follows (deletions indicated by strikeettf, additions indicated by italics). 20.36.050 PROHIBITED USES. A All uses that are involved with the transfer and storage of waste material; and, B. Residential uses. -, and, C Freight forwarding, freight sort, freight transfer, freight terminals, freight yards, sort and distribution facilities, sort, distribution or express operations facilities, warehouse and distribution facilities, and other similar uses, provided, however, that any such uses for which a conditional use permit was initially issued prior to July 1, 1999, shall not be affected �8; ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ENACTING FOR A PERIOD OF FORTY -FIVE DAYS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 A MORATORIUM ON FREIGHT FORWARDING DEVELOPMENT IN THE GENERAL COMMERCIAL, CORPORATE OFFICE MIXED USE -NORTH AND SOUTH, LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND MEDIUM MANUFACTURING ZONES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS The City Council of the City of El Segundo ( "City Council ") ordains as follows• A The City currently has at least 35 sites in the City operated by freight forwarders Freight forwarding involves the transport of goods with heavy trucks which tend to degregate streets more significantly than other vehicles Additionally, the Interstate Commerce Clause restricts the City's ability to require such uses to pay their fair share of taxes and fees to pay for public improvements and public services B The neighboring cities of Hawthorne and Gardena have enacted moratoriums on freight forwarding uses which may cause additional freight forwarders to seek sites in the City due to the lack of available sites in these surrounding cities C The City as been engaged in litigation twice in the last several years based upon its consideration and approval of two freight forwarding uses Additionally, a significant segment of the community has voiced opposition to freight forwarding D The City believes it is in the best interests of protecting the health, welfare and safety of its residents and property owners to prohibit freight forwarding on an interim basis while the City studies the impacts, compatibility and desirability of such uses, including the potential of General Plan and Zoning Code revisions relating to such uses E The City Council finds that until new regulations relating to freight forwarding in El Segundo are adopted, properties may receive entitlement which are inconsistent with the City's planning strategies relating to economic development and other issues The City Council finds that pursuant to Government Code section 65858, the purpose of this Ordinance is to adopt as an urgency measure an interim ordinance prohibiting any freight forwarding which may be in conflict with a contemplated general plan, specific plan, or zoning proposal, which the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time, ORDINANCE NO MORITORIUM ON FREIGHT FORWARDING AND DECLARING THE URGENCY THEREOF PAGE 1 o B F The City Council directs that all studies regarding the new zoning ordinances, general or specific plans, or other measures be pursued as expeditiously as is practicable In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety, and welfare require the immediate enactment of this Ordinance. The absence of this Ordinance would create a serious threat to the orderly and effective implementation of any zoning amendments or amendments to the City's General Plan, which may be adopted by the City as a result of the planning process, in that further development of freight forwarding uses within the commercial and mdustnal zones may be in conflict with or frustrate the contemplated updates and revisions to the City's zoning code or General Plan or adoption of a Downtown El Segundo Specific Plan G The City Council finds that this Ordinance is necessary for the protection of the City's retail trade, maintenance of property values, protection and preservation of the quality of the City's neighborhoods and the City's commercial districts, and the protection of the City's quality of life H The City Council finds, determines, and declares that a current and immediate threat to the public health, safety, or welfare exists, and the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlements for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare The facts constituting such an urgency are set forth in Sections A -G, inclusive of this Ordinance I The City Council further finds that this is a matter of City -wide importance and is not directed towards any particular parcel of property or proposed use Section 1 Declaration of Prohibition Except as otherwise provided in this Ordinance, the City of El Segundo hereby declares a prohibition on the processing of applications for and the issuance of building permits, grading permits, conditional use permits, variances, tentative subdivision maps, vesting tentative subdivision maps, parcel maps, site plan review approvals, development plan review approvals, or other entitlements, on parcels of land located within the General Commercial, Corporate Office Mixed Use -North and South, Light Industrial, Heavy Industrial and/or Medium Manufacturing zones for freight forwarding uses (as defined by SSMC Section 20.08 430) Except as otherwise provided in this Ordinance, the City of El Segundo shall not issue, nor accept an application for, any building permits, grading permits, conditional use permits, variances, tentative subdivision maps, vesting tentative subdivision maps, parcel maps, site plan review approvals, development review, or other entitlements for the uses set forth Section I above This Ordinance shall not apply to building or other permits necessary for repairs to individual properties required as a result of flooding, earthquakes, or other severe natural occurrences ORDINANCE NO MORITORIUM ON FREIGHT FORWARDING AND DECLARING THE URGENCY THEREOF PAGE 1109 Section 3 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional Section 4 Publication The City Clerk shall certify to the passage of this Ordinance and cause the same to be published in the manner prescribed by law Section 5- Vote Required In accordance with Government Code Section 65858, as an urgency Prohibition ordinance, this Ordinance requires a four- fifths vote of the entire City Council Section 6 Ureencv Measure /Effective Date This Ordinance shall be introduced, passed, and adopted at one and the same meeting as an urgency measure As an urgency moratorium, this Ordinance shall become effective immediately and shall continue in full force and effect unless amended or repealed or extended for a period of forty -five (45) days until September 16, 1999 The reasons for this urgency are declared and set forth in Paragraphs A -I, inclusive, of this Ordinance and the same are incorporated herein by this reference ORDINANCE NO MORITORiUM ON FREIGHT FORWARDING AND DECLARING THE URGENCY THEREOF PAGE (19 0 PASSED, APPROVED, AND ADOPTED this 3rd day of August 1999 MAYOR MIKE GORDON ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No was duly introduced, passed, and adopted as an urgency ordinance at a regular meeting of the City Council on the 3rd day of August, 1999, by the following roll -call vote, AYES NOES ABSENT ABSTAIN City Clerk, City of El Segundo APPROVED AS TO FORM City Attorney, City of El Segundo ORDINANCE NO MORITORIUM ON FREIGHT FORWARDING AND DECLARING THE URGENCY THEREOF PAGE C, 91 EL SEGUNDO CITY COUNCIL MEETING DATE: 03 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Presentation and implementation of the "Organizational Review of the Department of Planning and Building Safety" RECOMMENDED COUNCIL ACTION: 1) Discussion, 2) Implementation of the "Organizational Review of the Department of Planning and Budding Safety"; and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: Several firms responded to the City's 11 January 1999 Request for Proposals to perform the "Organizational Review of the Department of Planning and Budding Safety" After assessing the responses, including interviewing the several finalists, on 02 February 1999, the firm of PMW Associates was selected to perform the "Organizational RevtW, perhaps better known as a 'Department Audit'. The completed, final edition of the Audit was presented to the City Manager on 25 May 1999 (continued on next page ) DISCUSSION: (please see next page) ATTACHED SUPPORTING DOCUMENTS: 1) (draft) Planning and Budding Safety Department Audit — 'Implementation Plan' 2) Current Planning and Budding Safety Department'Orgamzational Chart' 3) PMW "Organizational Review"— suggested 'Organizational Chart' FISCAL IMPACT: (Check one) Operating Budget Amount Requested Project Account Budget. Project/Account Balance: Account Number. Project Phase. Appropriation Required: _ Capital Improvement Budget _ Yes x No _ (n the FY 19992000 Budget) Fiscal Year 1999 -2000 Combined Salaries/Benefits (increase): $77,381 Division No. 2701 (Planning) - various accounts: $28,786 Division No. 3101 (Building Safety) - various accounts: $48,595 ORIGINATED: Date: 25 July 1999 Bret . Be ard, Al P, Director of Planning and Building Safety APPROVED: Date: July 1999 ary St nn, City Manager ACTION TAKEN: 12 ('92 City Council Report - 'Planning and Building Safety Organizational Review' - page #2 - Date: 03 August 1999 INTRODUCTION AND BACKGROUND (continued ): Doug Clark, a Vice - President of PMW Associates, was Its primary agent in performing the Audit Mr Clark has considerable, relevant experience in Southern California municipal government; Including lengthy penods In a Planning and Building Department and as City Manager In completing the Department assessment, Mr. Clark reviewed written materials provided by the City, interviewed several members of the City Council and Planning Commission, the City Manager, Department employees and service providers, builders, developers and their consultants, the public, and other Department Directors, and, spent some time within the Planning and Building Safety Department, observing and reviewing additional materials DISCUSSION: The purpose of this "Organizational Review" was to analyze the Department "with an objective to improve services to the community and the citizens, as well as to other Departments and agencies ". As stated in the "Organizational Review", it 'was to consist of the following 1) assess the mission of the Department and the functions that are/should be performed; 2) analyze the fiduciary controls and processes in trust accounts; 3) assess the Staffs skills and training needs, 4) analyze staffing and position needs, 5) assess Departmental morale and public perception, and, 6) provide recommendations and an implementation plan" The structure of the attached Audit conformed to these areas, with a series of recommendations following and addressing each section While the document does provide some general suggestions and timelines regarding implementation of a number of its recommendations, it recognizes that (appropriately) the City should analyze the recommendations and establish priorities for their accomplishment. Please find attached a (draft) 'Planning and Building Safety Department Audit — Implementation Plan' The (draft) 'Implementation Plan' lists each of the Audit's fifty -four recommendations, and, for each assigns a level of priority, suggests a schedule of implementation, indicates where there may be financial Impact, and, also notes when the recommendations has either already been accomplished or is underway As suggested in both the "Organizational Review" and'Implementation Plan', many of the recommendations can and be accomplished without further assessment However, several recommendations suggest changes to the structure of the Planning and Building Safety Department (and perhaps several other Departments) A number also may have some fiscal repercussions To Implement these few select recommendations, will require additional Staff consideration, and, particularly where there Is financial Impact, further City Council review (likely during the 199MODO City Budget formulation process) The activation of the two manager positions should provide Increased operational effectiveness within each of the respective Divisions, therefore reducing reliance upon professional and technical services (Budget account no 6214) These resulting efficiencies should also provide some Budget savings, which will offset some of the (salary and benefits) monies, required to establish Manager positions for the Planning and Building Safety Divisions For example, in the proposed Fiscal Year 1999200 Building Safety Division Budget, Staff has suggested decreasing, by $25,000, the projected need for 'plan -check provider services; the assumption being that the Senior Plans Examiner position would now have increased time to check plans, thereby reducing the number of plans "outsourced" for examination. Similar savings to the "professional and technical ", "overtime ", and other Budget accounts should be realized for each Division in the upcoming (1999 -2000) Fiscal Year. 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A � X w � Ovp-i zz c w .1 K C y s m O � N V m C N O H C W r S x 4 u C4 Q a C C, m F .n F w a � � C a a ; W 0 —K$ o � Z a w z� zM a � z�° a 4 w v w w xhA W � m E O x � w v � `' � E ¢ C z z z = o Q C X cn C a a w z� zM a � z�° a 4 w v w w xhA W � m E O x � w v � `' � w x Q U zz .z z ..7 Q QOO zhw z w Q � O F 0 H� x z � U Ca w I zw ¢z a� wa o� a �z a q v �- z� Qw aQ H z w w� QUN U � " O W x" x OZ U� a U zW �z a� w v` ozo zQ �coo z 0� Q v aW a ,z O�z ���CCCCCC �w �zw4 �QOCx� 0 zQ Q �w o� a U t zz Qo �a ca z PMW Associates 232 West Avenida Gaviota • San Clemente, California 92672 • (949) 498 -7085 • FAX (949) 498 -8262 Organizational Review of The Department of Planning and Building Safety Citv of El SeLyundo, California Prepared By PMW Associates 232 West Avenida Gaviota San Clemente, CA 92672 May 25, 1999 TABLE OF CONTENTS INTRODUCTION . . .. . . ... ........ ... .. ... .. 1 -2 BACKGROUND/CONTEXT. ..... .................. .... ---- 2 -4 MISSION AND FUNCTIONS ..... .... ................ . ..... ....... .. 4 -9 FINANCIAL ISSUES - FIDUCIARY CONTROLS TRUST ACCOUNTS - IMPACT FEES 9 -10 STAFF SKILLS AND TRAINING NEEDS - RELATED ISSUES. . STAFFING AND POSITION NEEDS . ............................... .. DEPARTMENT MORALE AND PUBLIC PERCEPTION..... 10 -13 14 -15 E RECOMMENDATIONS AND IMPLEMENTATION PLAN. 17 FINAL COMMENTS... . .. 18 Introduction PMW Associates received a Request for Proposal (RFP) from the City of El Segundo to analyze the Department of Planning and Building Safety with an objective "to improve services to the development community and the citizens, as well as to other departments and agencies " The review was to consist of the following. 1. Assess the mission of the department and the functions that are /should be performed. 2. Analyze the fiduciary controls and processes in trust accounts. 3. Assess the staff's skills and training needs. 4. Analyze staffing and position needs. 5. Assess departmental morale and public perception. 6. Provide recommendations and an implementation plan The PMW proposal was accepted by the City and the study began in March 1999 PMW Associates is well qualified to conduct this project Established in 1971, PMW is a full service consulting firm with experience in executive recruitment, departmental audits, organizational review, training, team building, redevelopment, economic development and housing The project manager for the El Segundo project is Doug Clark, Vice President of PMW Mr Clark has 27 years of experience in local government, including 12 as a City Manager and 14 in a Planning and Building Department, including 5 as the Department Director. He has been involved in many reorganization efforts and departmental audits as a city manager, department head, and consultant This report is not a theoretical management study based on textbook answers to organizational issues. Mr Clark has considerable "hands on" management experience with many of the issues facing the City of El Segundo Recommendations, therefore, are based not only on theory but on practical experience in managing people and organizations Although the objective of the study was limited to the Planning and Building Department, it was necessary to include other departments as they relate to the development process As a result, some of the recommendations include solutions involving the City Manager's Office, Finance, Fire, Personnel, Economic Development and Public Works. There were several phases of the Study The first involved review of written materials provided by the City including job descriptions, resumes, staff reports, organizational materials, brochures, a video, etc Phase two consisted of three days of interviews including members of the City Council, Planning Commission, Department employees and consultants, developers and their consultants, the public, and other department heads 1 Some interviews were held in a focus group setting and others were conducted with individuals All employees were given an opportunity for an individual interview if desired All individuals were given an opportunity to call or e-mail Mr. Clark to provide comments. A tour of facilities was also included. The third phase of the study included a review of information from interviews, additional analysis of staff reports and department materials, and formulation of recommendations. Conclusions and Recommendations Conclusions and recommendations are broken into sections based on the six areas outlined in the Request for Proposal. In addition to these six areas, the report includes issues raised during the interviews and identified during the review of department materials The Department of Planning and Building Safety contains many dedicated and talented individuals Many things are being done well This report is based on identifying those areas where the Department can improve. Background/ Context Before addressing the specifics of the organizational review, it is important to identify the context of the Department's situation Litigation involving a former Director of Planning and Building Safety and former employees had a major impact on the Department This litigation lasted for over two years, involved current employees in depositions, resulted in the need to hire consultants rather than permanent employees, and created an awkward working environment With the conclusion of the litigation, most employees have moved beyond this past problem while a few are still harboring concerns E1 Segundo is in many respects three cities in one, presenting special challenges to a Planning and Building Department To the east of Sepulveda, the City is the home to major corporations in high rise buildings. These companies typically employ sophisticated consultants, architects, and engineers They often use an expedited processing alternative by hiring special consultants to assist city staff with their projects These protects can be exciting and challenging to a Planning and Building Department South of El Segundo Boulevard is the Chevron Oil refinery with many specialized needs and resources to handle their project needs To the west of Sepulveda, the City is characterized by smaller industrial companies in areas like Stookey Hollow, single family residential neighborhoods, and a traditional downtown with small businesses This area requires a Planning and Building Department to provide a different level of service and to understand that special attention must be given to individuals who do not always understand planning or building requirements but whose needs are lust as important as the most sophisticated multinational corporation. Adjusting levels of services and recognizing the specialized needs of these "three cities" is important. Perception is often as important as reality The Planning and Building Department is perceived by many as having been a political tool of previous councils and administrations This perception persists Examples cited are special rules for certain groups, excessive numbers of code changes for favorite projects, slow code enforcement 2 for some complaints, strict environmental review for some projects and lax analysis for others, and a confusing system of complex code interpretations and policies that are not understood or communicated with the public The Department is also perceived as being reactive rather than proactive. New ideas and initiatives do not come from the Department, according to many individuals interviewed. Whether any of these allegations are true is less important than the fact that these perceptions are held by many staff members, council members, developers, consultants and the public Recommendations 1 Schedule a meeting with a representative of the City's Employee Assistance Program. For example, Dr. Valerie Maxwell is familiar with the Department's situation and could debrief employees on the impacts of the lawsuit 2 Schedule a series of team building sessions with an outside trainer. This recommendation should wait for the hiring of permanent employees as outlined later in this report 3 Design a comprehensive customer service commitment project. The services of an outside consultant should be considered. The Department has attempted to work on this issue For example, customer comment cards /questionnaires have been designed and are on the public counter However, questionnaires testing customer satisfaction should be the last step in a comprehensive program Starting with questionnaires can be detrimental. (Additional comments on this subject can be found in the Staff Skills and Training Needs Section.) 4 Analyze commonly held perceptions and develop initiatives for correcting these problems or misconceptions For example, the Department should consider• a Developing a Code Enforcement Priority Report for Council review and adoption The current priority list was adopted by a previous council Should the system be complaint based or proactive? Are health and safety issues the first priority or illegal units? Should the proactive system be confined to major artenals and high visibility areas9 Should code enforcement be given citation authonty9 Should certain violations be classified as felonies, misdemeanors or infractions? These are all issues the City Council should consider b Developing a system for formalizing code interpretations Code interpretations should be officially adopted or endorsed by the Planning Commission and/ or City Council The interpretations should be published and annotated with the Code. Developers and citizens need certainty. c Reviewing the environmental process. Consider assigning one planner to become the "m house" expert on CEQA and NEPA rather than having each planner perform environmental review. Rotate this responsibility every two to three years Consider an outside audit of the environmental process 3 d Developing a Planning and Building Department/ Council Work Program A Work Program would include the Department's list of priorities and recommendations What are the critical issues facing El Segundo from the Department's perspective? What should be studied, changed, improved? How can the City stay "ahead of the curve9" The list would include projects that can be accomplished within a one and two year time -frame. The Council would prioritize and add to the project list and the Department would commit to a completion schedule for each project A quarterly review on progress would be provided If the Council wants to add projects during the quarterly progress review, work schedules and completion dates should be adjusted This type of system can be very effective in establishing a work product "contract" between the Department, City Manager, and City Council It is also better to do 10 things well than 20 things poorly. This system imposes discipline on all parties, keeping the Department focused on priorities and avoiding the "idea of the week" syndrome at the City Council level This system attempts to match resources with realistic completion schedules while allowing projects to be extended if higher priority issues are raised by the City Council. Mission and Functions This section of the report analyzes the mission of the Department and identifies functions that are or should be performed Mission Statement A Mission Statement has been prepared for the Department. The heart of a customer service commitment is a clearly understood mission statement that all members of the organization accept Statements that are prepared by management have little hope for acceptance by employees. A first step in most customer service initiatives is to review Mission Statements and to have all employees or a representative cross section of employees participate in drafting these documents. It may be appropriate to revisit the Department's Mission Statement and to consider separate Mission Statements for the Planning and Building divisions CDBG The Planning and Building Divisions perform traditional functions in El Segundo with a few minor exceptions The CDBG (Community Development Block Grant) function in planning is sometimes located in other departments in other cities. There is no right or wrong answer to this organizational question Since several CDBG programs are related to the Recreation and Parks Department, the CDBG program could be transferred to this Department. This move could ease administrative burdens in the Department and could reduce crowding in the cramped office space. F1 Code Enforcement/ Business License It is becoming more common for Code Enforcement and Business License Inspection functions to be combined into one operation There are several advantages for the City and the customer. The City could be divided into zones with the code enforcement personnel covering both functions The business owner deals with one employee If a business has a code enforcement problem, sign question, or license renewal issue, all functions can be handled by one employee with one vehicle going to the site There are economies that can be realized along with improved service. This combination of services can also result in improved communication between business license and Planning and Building. Nothing is more frustrating to the customer or time consuming for the City than to find a business in the wrong zone or in a building not rated for the occupancy Early communication of requirements is often the result of this type of combined service. Zoning Codes One of the missions of the Department should be to keep General Plan documents up to date and in compliance with state laws, to review ordinances for consistency, to clean up zoning code ambiguities and to reduce the need for interpretations through clear code provisions There is a perception that the Codes are in need of revisions with new definitions and objective criteria Consultants, developers, council members, and staff commented on the number of code amendments and the number of interpretations that seem to change from staff member to staff member. A higher level of certainty is needed by both citizens, businesses, and developers. This issue was mentioned in the first section of this report but it is emphasized due to the frequency of comments by those interviewed The Department should review amendments with the City Attorney's office to ensure proper drafting of the legal changes Communications Cooperation and communication between departments in the City should be improved. The Morgan Stanley project was often cited as an example of good coordination between Planning and Building and other city departments An ongoing development review committee of key department heads should be considered to apply this successful model to other projects A Development Review Committee already exists in the City but it rarely meets. This Committee must be reactivated with a regular meeting date and a set agenda The Committee could also be used to facilitate communication between Economic Development and other City Departments. Many people cited communication problems and fraction between the Economic Development Department and Planning and Building Safety Conflicts between these functions are found in many cities There are perceptions that promises are being made that cannot be met, resulting in the Department having to play the role of the "obstructionist " For example, the Department failed to keep the City Manager and Economic Development manager briefed on potential uses that might be in conflict with a 5 study being conducted on the abandoned downtown Ralph's site The Department points out that the proposed use was a permitted use, leaving them no options. However, this does not preclude keeping the City Manager informed of the situation. The status of the study was not given to the Department by Economic Development. Commumcation is a two way street Early and on -going consultation between these departments is crucial The City Manager should consider a regularly scheduled meeting with these two departments to ensure that communication systems are being put in place. Ground rules need to be established. An economic development task force of key employees might be another option for consideration The Development Review Committee previously discussed could also serve this purpose This Committee would be the quickest and simplest solution to the issue Communications also need to be reviewed within the Department and with the public Staff meetings vary in frequency and format within the department Agendas should be established in advance Council and Plammng Commission actions should be reviewed Staff members should be asked to describe the status of their projects, recent development contacts, customer service problems, code interpretation questions, etc These meetings should be two -way forums Brochures and hand -outs are a good way of commumcatmg with the public. The Department has started to develop brochures A consistent format should be developed Even a system of simple two -sided sheets displayed in an attractive display stand can be sufficient Some complaints were raised that the Department is managed by memo and that communications and staff reports are overly complex and verbose. Simplicity is best The Department should review the format and writing style used in communications and staff reports Remember the audience and adjust the writing style accordingly. Staff reports should be reformatted The department should consider placing background and historical information in an appendix The basic staff report should be simple, direct, and easy to read. Consideration should be given to developing a staff report template on the computer Basic information can be presented in a standardize chart format rather than in prose Management by Objectives Considerable time and effort is being placed on a management by objectives system. This program should be streamlined and simplified. One can become engrossed in day to day measurement of objectives while actual projects receive less attention The Department/ Council Work Program concept outlined above may be sufficient. :7 Records Management Records management should be reviewed in more detail. Microfilming needs are backing up Each city department is managing their own program The City Manager may want to consider a centralized records management program Paperflow Analysis Several individuals commented on the need to review the Department's paperflow process A comprehensive review of this system by staff would assist with both the records management issue and customer service Are forms clear? Does the public understand the application? Is there too much information or not enough? Can steps be eliminated? Can forms be computerized? The biggest mistake of most departments is that applications, brochures, hand -outs, forms are rarely tested on the public When you are close to a process, information is taken for granted The Department needs to conduct a paperflow analysis. Revised systems need to be tested on the people who will use the materials Building Division Quality Assurance Program Some cities have developed quality assurance programs in the building division A random selection of inspections are re- inspected by Department Management staff and nm sheets are evaluated for efficiency Staff evaluations are facilitated, training needs are identified, consistency is improved, issues are identified, customer service is improved The system protects both the City and the employee. Building Inspections and Plan Check Several comments were made from a variety of sources that building inspectors are stopping at some work sites on a daily basis even if no calls have been made for inspections This is unnecessary and artificially increases the workload Some would argue that this is excellent customer service It can also be viewed as being intrusive and inefficient The City provides "same day" inspections. Inspectors are averaging 10 inspections per day even with one less employee This is not excessive and would, in fact, be considered a light inspection load in many cities. If this average includes stopping at sites that have not called for an inspection, the workload is even more manageable If inspectors are developing efficient run sheets and conducting only those inspections that are requested for the day, they can be required to return to the office for other assignments They can assist with plan checks and counter duty to free up other staff to maintain filing and the plan room The Department managers need to evaluate run sheets, calls for service, and inspector efficiency. Building inspection is a cyclical job Some days are busy and others are slow When there are slow days, inspectors should be used for other duties 7 Combination inspections with other Departments, especially Fire, should be established. This is not only more efficient but is customer and business friendly There is some evidence that plans are not being routinely routed to other Departments This should be investigated and corrected if it is happening. The Department's backlog of plan checks is not excessive Many counter plan checks are provided which is greatly appreciated by the development community. An outside plan check firm is used for more complex plans and for overflow There are some minor complaints from the development industry that the outside plan check firm is not up to date on City interpretations of Codes. These issues should be clarified. The Department is budgeting approximately $133,000 per year for the outside plan check service Expenditures have recently reached an average of $200,000 per year This outsourcing has increased but revenues have not kept pace. The City should consider adding a plan checker to the staff for counter work, reducing the outside plan check budget This would improve customer service and would provide the current Plan Check Engineer with more unmterrupted time to conduct reviews of more complex plans Under the current situation, the Plan Checker is frequently interrupted for counter questions This is not an ideal situation when complex plans are being reviewed If the plan check position is not added, the Department should consider establishing specific counter plan check hours so that the uninterrupted plan check time can be provided some time during the day Recommendations 1 Review the Mission Statement with Department employees and consider separate mission statements for each Division. 2. Consider moving the CDBG function to Recreation and Parks Department. 3 Analyze the Code Enforcement and Business License functions for possible combination. 4 Review Codes for simplification and clarification (See first section of Report). 5 Develop multiple initiatives to improve communications. Consider an ongoing development review team with other departments or reactivate the existing Development Review Committee The City Manager should consider establishing a regularly scheduled meeting with Economic Development and Planning and Building Safety Develop systems for keeping the City Manager informed on development issues Conduct regularly scheduled staff meetings in all divisions and review and improve the format. Develop additional brochures and handouts. Appoint a staff task force to reformat, simplify, and standardize staff reports 6 Re- evaluate and consider simplifying the management by objectives program. 7, Review the City's records management system. 8 Conduct an analysis of the Department paperflow. Include customer input on forms, applications, brochures, etc. 9 Develop a Building Inspection Quality Assurance Program. 10 Establish a policy that inspections will only be made when requested. Analyze run sheets and inspector efficiency. K 11 Establish a system of combination inspections with Fire and other departments and ensure that plans are routed to all departments. 12 Distribute and explain City code interpretations to outside plan check firms. These firms should be kept up to date on new interpretations. 13 Consider adding a plan check position. This issue will be discussed in more detail in a later section of the report If no position is added, consider establishing counter plan check hours Financial Issues - Fiduciary Controls Trust Accounts - Impact Fees This section of the report has been expanded beyond the original project design to include several financial issues that were raised during the interviews and during the subsequent investigations Serious problems with the tracking of trust accounts are evident There is evidence that some old trust accounts have not been closed although the projects are complete There are no written procedures on administration of trust accounts. Expenditures have been authorized beyond trust account balances This may be the result of more than one department employee charging to an account without centralized oversight of payments or account balances In one case, the lack of oversight resulted in the need to request a substantial deposit from a developer to make up for several months of expenditures. This situation puts the City in jeopardy If the developer disputes the bills or refuses to submit the deposit, the City is still obligated to pay for work performed. Until the deposit is received, the city is using general reserves This lack of oversight is also resulting in poor customer service The developer is not being informed of costs as the project progresses and is faced with the need to make a major payment There is evidence that payment of some consultant bills have exceeded 90 days. Promises of timely payment have been made but have not materialized. One consultant was told there may not be funds to pay for work performed. If funds are not available, work should not be authorized The City has legal obligations to pay for work performed despite Department budgeting errors There is confusion about the status of Impact Fees for Traffic, Library, Fire and Police There is some evidence that only Traffic Impact fees have been formally adopted by Ordinance or Resolution Department Heads are unclear on how these fees can be used for projects W Recommendations 1. Prepare a written Department policy and procedure on the handling of trust accounts with consultation from the Finance Department A citywide policy on this issue should be considered Centralized handling of trust accounts in the Finance Department may be the best option If the responsibility for trust accounts is left in individual departments, the following recommendations should be implemented for Planning and Building 2 Give one employee in the Department responsibility for tracking deposits and authorizing expenditures for all trust accounts No payments should be authorized without evidence of sufficient funds Additional work on a project should be stopped unless there is a sufficient fund balance to cover one month's projected expenditures 3 Develop a "checks and balances" system in the Finance Department to oversee the trust accounts to ensure that payments and deposits are properly handled. Consideration should be given to an administrative fee and/ or charging an overhead costs for trust accounts. 4 Develop a system to track and authorize payment of consultant invoices Payments should be processed by the Department within 30 days. If Department funds are not sufficient to pay for work being performed, consultants should be informed and advised not to continue 5 Investigate the status of impact fees. Department Heads should be advised about the status of impact fee accounts and given information on how these fiends can be used for capital projects Existing procedures should be either documented and distributed or new procedures created to outline the unpact fee system Staff Skills and Training Needs - Related Issues The skills of individual staff members vary widely Resumes were reviewed including education and experience Most staff members possess either the formal training/education or the work experience to perform the fobs they hold. Team Building Some deficiencies are apparent in team building, customer service skills, use of technology, and general management principles. Several recommendations were made in the first section of this report relating to team building, customer service, work program, and environmental issues These previous suggestions should be implemented Customer Service Additional comments are necessary on customer service. Most organizations approach customer service as a training issue. Although there are aspects of a customer service commitment that relate to specific skills, the issue is much broader Customer service is a way of life and a part of the culture of successful organizations As such, customer service begins with a review of internal customer service 10 The most successful private sector organizations have established that employees cannot and will not give good external customer service unless they are receiving excellent internal customer service If you raise external expectations on service quality without fixing internal systems, the effort will probably fail, the public will be disappointed, and the situation can be worse than when you started. Since customer service was pointed out as an issue by many of the individuals interviewed, the Department needs to look at a comprehensive program that is not dust an attempt to make people smile and answer the telephone correctly A commitment to customer service involves a cultural change There were several complaints from staff about the lack of compliments for a fob well done. Simple systems can be put in place to reinforce good performance This issue is overlooked by many cities and departments. The relationship between good internal customer service and systems to acknowledge or reward excellence are cornerstones of most lugh performing pnvate and public sector organizations. These systems do not have to be expensive or time consuming Simply remembering to send a short e-mail or a note to an employee for ajob well -done is important. There were some complaints from the development industry that the City's contract traffic engineer is difficult to contact. The Public Works Director should review this situation to improve customer service Technology Technology is available within the Department but it is not being used to its fullest advantage, Additional training on the Outlook System is needed. For example, the Outlook system has an excellent calendanng function, but it is not used on a Department or citywide basis As a result, secretaries spend many hours trying to schedule meetings when this process could be completed in minutes with the technology that is already available There is some evidence that shared dnves are not being used making transfer of documents difficult Building inspectors do not have computers or access to computers for e -mail or other uses. All employees should have access to this technology even if it limited to a shared computer Some employees commented that no one asked them what they needed. Employees should be included in discussions and decisions regarding technology needs The Department should involve employees in the selection of the permit tracking system This system has been budgeted and should be pursued The phone system is antiquated. Some individuals have lines that are internal only and when the switchboard is closed, the public cannot contact these employees unless they already know the extension number Since the Department is open 7:30 to 5.30 and the switchboard is open 8.00 to 5.00, there are times when the public is frustrated in their attempts to contact some individuals There is no "audio" phone directory available There are complaints from within and outside the organization that staff members do not answer their phones, calls are not returned in a timely manner, and phones nng without being answered I1 The Web page for the Department could be made more user friendly Several of the links are not operational The "Frequently Asked Questions" section is not categorized, requiring the user to scroll through a series of questions to find what they need The Department Director's name and phone number are not provided Zoning and municipal code information is provided which is excellent If the city uses one of the two mayor codifiers in the United States, it may be easier to have the codifier place the Codes on their web site with a link from the El Segundo web page This requires less maintenance by the City and these web sites provide search engines for the Code. Management Skills Managers in the Department should be given the opportunity to attend management training workshops, seminars, or college courses to improve their skills. Most planners and building officials receive training on their specific disciplines after graduation by attending their professional association meetings and conferences Less emphasis is placed on general management skills Some regions have developed supervisory and management academies for public employees. If these are available, they should be considered for the Department's management employees Cross - Training Even if training budgets are limited, a departmental cross training program can be initiated at little cost This appears to be a need in the Department Even one hour per week of cross training can be useful A schedule for tins cross training should be established Innovation Group The Innovations Group (IG) is an organization of cities, counties, and some private sector firms dedicated to the improvement of local government The western United States Office of IG is located in Torrance Membership for El Segundo would be $1,500 and covers all city employees On site and satellite based training programs are provided, special research is conducted for the City; a web site is available where questions can be posted, publications are prepared, several specialized newsletters are distributed, employee networking opportunities are available, etc The Department and or City should consider adding this resource 12 Recommendations 1 Implement the training suggestions in the Background/Context section of this report. Team building and customer service are critical issues that need to be addressed. 2 Initiate a system of recognizing staff for excellent performance. Improving internal customer service is the first and most critical step of a customer service commitment 3 Review the availability of the City's contract Traffic Engineer and establish standards for timely response to questions, phone calls, etc. The Public Works Director should be asked to investigate tins issue 4 Develop a comprehensive technology training program for Department staff. This training should include Outlook and the tools available on the Microsoft Office suite of programs 5 Require use of shared drives for documents. b Provide building inspectors access to computers. 7. Involve Department employees in discussions regarding their need for new technology. Pursue the permit tracking system. & Use the calendaring function of Outlook. If the top management of the City will use the calendar function, an example will be set and others in the organization will quickly learn that they must use this feature Hours of clerical time will be saved At a minimum, the Department Director should use this function and require all staff to do the same 9 Review and modify the Department's section of the Web Page to be more user friendly. Consideration should be given to placing the codes on the web page of the City's codifier 10 Review the Department's phone system for possible upgrades or replacement. At a mrmmum, an audio index should be made available 11 Establish standards for voice mail etiquette, phone answering expectations. Training should be provided. A Department and or City phone directory should be established that includes a subject index to minimize transfemng calls to the wrong individual, section or Department. 12 Provide Department managers and supervisors with management training opportunities. The City could provide on -site resources to improve management skills if a regional management academy is not available 13 Design and implement a cross - training program. Even if time is limited, a one hour program per week can be initiated 14 Request a presentation by the Innovation Group. Either the City Manager or the Department Director should contact the Innovation Group representative in Torrance for a presentation (Bill Mascemk - 310 - 543 -5124) 13 Staffing and Position Needs The Planning Division has been operating without two authorized positions for several years pending the outcome of the lawsuit mentioned in the first section of this report Outside consultants have been used to fill the staffing needs Although these individuals are talented, the Department needs full time employees committed to a city career Before effective team building can be undertaken, the division needs a full staff of permanent employees The existing organization chart for the Division lists a Planning Manager - Senior Planner In reality, the budget and other city documents indicate that the individual currently holding this position is a Senior Planner. The organization chart should be amended to reflect budgetary reality until other decisions are made There are several organizational alternatives A total of four full time planners in addition to the Director should be sufficient to handle the workload with consultants used only for more complex special projects (General Plan Amendments, Housing Element updates, major Specific Plans or Ordinance revisions, etc.) The primary recommendations would add a Planning Manager with the Senior Planner position retained, and two Assistant Planners for project and counter work. A modification of this alternative would be to convert the Senior Planner position to an Associate Planner with two Assistants or one Assistant with a Planning Tech Recommendations for the rest of the Division would be dependent on whether the current Senior Planner is selected for the Manager position. The total number of employees in the Division will not change with this recommendation. There are currently two vacant full time positions in addition to the Senior Planner and an Assistant Planner position for a total of 4 positions The Building Division has a vacancy of one building inspector Based on workloads and inspection demands this position does not need to be replaced If building activity increases in the future, contract inspectors can be considered It is recommended that building inspectors not be used for Code Enforcement activities The existing organization chart for the Division lists a Building Manager - Senior Plans Examiner In reality, the budget and other city documents indicate that the individual currently holding this position is a Senior Plans Examiner. The organization chart should be amended to reflect budgetary reality until other decisions are made As discussed in an earlier section, the plan check function can be improved with an additional position funded out of current allocations for outside plan checking This could be accomplished by recruiting for a Building Manager and retaining the Senior Plans Examiner position for the added plan checking responsibility If the current individual holding the Senior Plans Examiner position is selected for the Building Manager positron, a new plan checker can be recruited. If he is not selected, he can continue in his current positron which adds the suggested plan check service. The 14 Department should recruit for a Building Manager- Chief Building Official - position With the reduction of a building inspector, this division would not be adding a position In addition, budget costs should be kept to a minimum by reducing outside plan check expenditures. Code Enforcement and Business License Inspection should be combined There should be sufficient activity for two positions especially if building inspectors are left to their usual duties and not used for code enforcement. The current employees in code enforcement and business license have building inspection backgrounds. Although they could be used for building inspection duties, there are often problems when an employee is expected to report to two supervisors The Code Enforcement/ Business License function should report to the new Planning Manager Before establishing pay ranges for the Planning and Building Division Manager positions, the Personnel Department should evaluate internal salary relationships. In summary, the recommendations in this report do not add more employees to either division The result is a rearrangement of existing resources to more effectively deal with needs The attached organization chart outlines the suggested structure in general terms Exact reporting relationships should be examined in more detail by the Department Director after the Planning Manager and Building Manager positions are filled Recommendations 1 Fill vacant planning positions and utilize consultants for special projects only. 2 Modify the current organizational chart to reflect the titles of budgeted positions. The Planning and Building Manager positions are not currently filled. These titles should be removed from the chart. 3 Recruit for a Planning Manager. 4 Maintain four planning positions in addition to the Director's position. The exact configuration of titles is dependent on who is selected for the Planning Manager positron 5 Recruit for a Building Manger - Chief Building Official. 6 Retain three building inspectors. Do not replace the vacant building inspector position. Three inspectors are sufficient for the current work load 7 Add a plan check position. This positron can be funded by reducing expenditures for consultant plan check work. How this positron is added is dependent on who is selected for the Building Manger positron. 8 Combine code enforcement and business license inspection into one operation, reporting to the Planning Manager. 9 Review internal salary relationships before setting compensation levels for the Planning and Building Division Manager positions. The Personnel Division should review these issues 15 Department Morale and Public Perception Department morale has been adversely impacted by a number of circumstances The lawsuit left the Department in a state of uncertainty Employees describe the last two years as "walking on egg shells." Some employees felt abandoned by the City administration during this period Other employees believe that the problems are the result of past practices They contend that the old system of giving favors to some politically connected individuals has resulted in those individuals being disgruntled now that the `rules have changed " Some employees complain of being micro- managed and managed by memo Others contend that there are many roadblocks created by a lack of delegation Whether any of these beliefs are true is less important than the fact that they are perceived to be true by employees The recommendations in earlier sections of this report should have a positive impact on morale Team building, management education, permanent positions, technology, phone system improvements, and a variety of other recommendations in this report should help the department move toward improved morale Another factor relating to morale has not been mentioned in earlier sections The physical environment of the Department is not conducive to good morale The Department is crowded. There appears to be an inefficient use of space Colors and lighting give a dark and almost unfriendly "feel' to the offices The public counter space is insufficient Numerous studies have shown that physical surroundings in the work place impact employee morale and productivity. The City needs to hire a office planning or design firm to review alternatives Public perception has been eluded to in several sections. The public assessment of the Department is mixed. The residential community seems to be distrustful Business and professional assessments range from very positive to critical. A common theme from both sectors was the lack of certainty and complaints surrounding the number of code changes and the reliance on interpretations. Others believe that the Department is insular and needs to "get out' and see what is going on in other communities The Department is perceived as "reactive" as opposed to one with new initiatives and innovations Recommendations 1 Implement recommendations in this report. Many of the recommendations contained in this report will improve morale in the Department and will assist in improving public perception of the Department 2 Hire a space planning and/ or design consultant to improve the physical environment of the Department. This effort should not just be limited to efficient use of space but should look at creating a more inviting atmosphere for both employees and the public Colors, creative graphics and signs, improved lighting, and more modem office furniture systems are worth investigating. lVel Recommendations and Implementation Plan Each section of this report contains recommendations for consideration by the Department and City The City Manager and Department Director need to analyze these recommendations and establish priorities. PMW Associates would be available to facilitate this process if requested The following is a list of recommended first steps. 1. Schedule a meeting with the City's Employee Assistance Program administrators to plan a session with Department Staff to gain closure on the impacts of the lawsuit. This should be done immediately. 2. Begin recruitment for a Planning Manager and a Building Manager. Depending on how these positions are filled, other recruitments may be necessary The two recruitments should begin as soon as possible 3. Develop a Council Work Program with a list of projects that can be realistically completed within a one year time frame. The plan should contain commitments with specific dates for submitting the work to the City Manager and City Council The initial plan should contain the Department's list of priorities After review by the City Council, the plan should be modified based on their decisions Completion of the Plan should be the basis for assessing the performance of the Director and the Department A quarterly review of progress should be presented to the City Manager and City Council If changed priorities are established, other time frames in the plan should be modified Deadlines in the plan should be based on submittal of documents to the City Manager/ City Council and not on dates of adoption or final disposition. This plan should be submitted to the City Manager within 60 days 4. Establish a system for improving communications within the divisions and department, and between the Director, City Manager, and other Department Heads. This plan should be developed and implemented within 30 days. 5. Work with the Finance Department to correct problems with the Trust Account and Invoice payment systems. The Department should prepare a written procedure on these systems and resolve the problems within 30 days 6. Develop an implementation plan for other items contained in this report. In collaboration with the City Manger, the Department Director should review other recommendations in this report for study and implementation. A performance "contract" should be established to develop a clear understanding of expectations for both parties 17 Final Comments PMW Associates has enjoyed working with the City of El Segundo and the Department of Planning and Building Safety. The candor, cooperation, and responsiveness of the City Manager, Department Director, and employees made the job much easier We wish to especially thank the Department Secretary and City Manager's Office staff for their assistance and cooperation in scheduling interviews, providing information, etc PMW Associates believes that the implementation of the recommendations in this report will assist in the improvement of the Department and the City If requested, we are prepared to present these recommendations in person PMW Associates looks forward to providing additional assistance to the City m the future. W w x d U zZ � d N A W d v Qoo zHw F+ �UW 4 � a � O H Q H� �Q �F �W Q� r� ¢z a� ^ WO O� x a a� v� ¢ o �- Qw a ¢ z w w� O � c U � w x� Ozw wz 0a a U --. �v U z W ¢z w�a, w ozo zQu z Z^ a� a w O'42: z " xz Q On zQ Q� �w wa U N zz� Qo a0 � a U c � U C N C = o -- a 0