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2001 NOV 07 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
The City Council, Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is withm 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 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
represent, if desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be
pemutted 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 Clerly 524 -2305
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, NOVEMBER 7, 2001 - 6:00 P.M.
Next Resolution # 4230
Next Ordinance #1343
6:00 PM Session
CALL TO ORDER
ROLL CALL
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code §54950, et 5eq ) for the purposes of conferring with the City's Real Property Negotiator,
and/or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters
covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as
follows
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a))
1 Glover v City of El Segundo, LASC No YC039465
nnJ
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential case (no further public
statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -1- 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
SPECIAL MATTERS — None
002
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items
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 Heating item on the Agenda during the Public Hearing portion 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
represent, if desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting 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, 524 -2305
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, NOVEMBER 7, 2001 - 7:00 P.M.
Next Resolution #4230
Next Ordinance #1343
7:00 PM Session
CALL TO ORDER
INVOCATION — Rev. G. Kevin Taylor of Saint Michael's Episcopal Church
PLEDGE OF ALLEGIANCE — Council Member John G Gaines
PRESENTATIONS —
(a) Proclamation proclaiming November 7, 2001 through December 17, 2001 as the Spark of Love
Toy Drive and encouraging the community to support this holiday program by contributing toys
and non - penshable foods to the El Segundo Fire Department during the period of November 7th
through December 17, 2001
(b) Commendation to Community Alliance to Support and Empower (C A S E.) for their work in our
community and encouraging the community to support the C A S E program by contributing to
the Panty for Thanksgiving and throughout the year, and by making monetary contributions
payable to C A S E , at Post Office Box 998 -302, El Segundo, California 90245
003
(c) Proclamation observing November 11, 2001 as Veterans Day in honor of the unfailing valor,
dignity, and courage of our patriotic men and women in uniform, so that their spirit and selfless
public service may shine brightly in the annals of history
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 ofanother, 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 While all comments are welcome, the Brown Act does not allow Council to take action on any
item not on the agenda The Council will respond to comments after Public Communications is closed
(d) Request by the El Segundo Chamber of Commerce for city support and sponsorship for the 38th
Annual Holiday Parade on Sunday, December 9, 2001 from 2.00 p m. to 4 00 p in and Tree
Lighting at the Civic Center Plaza on Thursday, December 6, 2001 from 5.00 to 5:30 p.m
(Consent #7)
(e) Request by Chairperson of Candy Cane Lane, for the same level of City assistance on their
December 8 -22, 2001 program in the 1200 block of Acacia Avenue as in previous years (Consent
#8)
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 —
1 An amendment to the Downtown Specific Plan to modify the definition of bed and breakfast
Recommendation — (1) Hold Public Hearing; (2) Introduce Ordinance; (3) Schedule
second reading and adoption of Ordinance for November 20, 2001; and/or, (4) Other
possible action /direction.
C. UNFINISHED BUSINESS
Second Reading and adoption of an Ordinance of the City Council amending Title 6 of the El
Segundo Municipal Code in its entirety regarding Animal Control regulations
Recommendation — Hold Public Hearing. Second reading and adoption. The Ordinance
will become effective thirty days from adoption.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — NONE
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of business
Warrant Numbers 2520729 to 2521250 on Register No 2 in total amount of $1,702,882 52,
and Wire Transfers from 10/06/01 through 10/26/01 in the amount of $1,447,204 89
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.
004
4 City Council meeting minutes of October 16, 2001 and October 18, 2001 Joint Meeting of
City Council and Recreation & Parks Commission
Recommendation - Approval.
Authorize staff to continue to purchase medical supplies from single source vendor, PMX
Medical Fiscal Impact Not to exceed $25,000 annually
Recommendation — Authorize issuance of a blanket purchase order to PMX Medical for
FY 2001 -2002 for medical supplies.
6 Consideration of an extension option for a period to two years in the existing Professional
Service Agreement with Southern California Risk Management Associates to serve as the
third -party administrator for the City's self - insured Workers' Compensation Program
Recommendation — Authorize City Manager to execute extension option for a period of
two years in the existing Professional Services Agreement with Southern California Risk
Management Associates.
7 Request by the El Segundo Chamber of Commerce for city support and sponsorship for the
38 `h Annual Holiday Parade on Sunday, December 9, 2001 from 2 00 p.m to 4 00 p in and
Tree Lighting at the Civic Center Plaza on Thursday, December 6, 2001 from 4 15 p in to
Recommendation — Approve request, provided the event meets all applicable City
requirements.
Request by Chairperson of Candy Cane Lane, for the same level of City assistance on their
December 8 -22, 2001 program in the 1200 block of Acacia Avenue as in previous years.
Recommendation — Approve request, provided that all necessary permit applications are
submitted, including sound amplification permits, and project meets applicable City
requirements.
9 Authorize sending one Police Officer and one Firefighter to New York City to deliver funds
donated by the community in response to the Pancake Breakfast Fiscal Impact $1,730
Recommendation — Authorize staff to proceed with travel arrangements to send
representatives to New York City.
10 Award of contract to Flo- Systems, Inc for pump replacement at Storm Water Pump Station
No 17 (1015 East Imperial Avenue) —Project No PW 01 -07 —Approved Capital
Improvement Protect — (contract amount = $33,876)
Recommendation — Award contract to the lowest responsible bidder, Flo- Systems, Inc.,
in the amount of $33,876; Authorize City Manager to sign the standard public works
construction agreement after approval as to form by City Attorney.
11 Acceptance of work for the rehabilitation of Sanitary Sewer Pump Station No 13 — Approved
Capital Improvement Protect — Protect No PW 00 -1A (final contract amount = $365,699 73
Recommendation — (1) Approve Change Order No. 1 in the amount of $5,799.73; (2)
Accept the work as complete; (3) Authorize the City Clerk to file the City Engineer's
Notice of Completion in the County Recorder's Office.
005
12 Acceptance of Sycamore Park Irngation System Replacement —Project No PW 00 -17 —
Approved Capital Improvement Protect (final contract amount = $24,940)
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file
the City Engineer's Notice of Completion in the County Recorder's Office.
13 Proposed agreement with Ron Rakich & Associates to perform risk management services
Fiscal Impact $65.000
Recommendation — Authorize City Manager to execute standard Professional Services
Agreement with Ron Rakich & Associates to perform risk management services.
14 Agreement between the City of El Segundo and the State of California (Agreement No 07-
4575) for the Transportation Enhancement Activities (TEA -21) grant for the landscaping of
Sepulveda Boulevard within El Segundo City limits (grant amount = $678,000)
Recommendation — Approve agreement and authorize the Mayor to execute the
agreement on behalf of the City.
15 Proposed revisions to the class specification, re- titling Senior Dispatcher to Supervising
Dispatcher and a Resolution establishing a new monthly salay range
Recommendation —(1) Approve the proposed class specification and new job
classification title. (2) Adopt the Resolution establishing the monthly salary range.
16 Examination plan for the Personnel Merit system job, classification of Accounting Technician
Recommendation — Approve the Examination Plans.
17, Status report on Capital Improvement Program Projects — (no fiscal impact)
Recommendation — Receive and File.
18 Second Reading and adoption of an Ordinance of the City Council amending Chapter 9 to
Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures
Recommendation — Second reading and adoption. The Ordinance will become effective
thirty days from adoption.
19 Request for the City Council to approve $59,650 outlined in the police budget for
maintenance services provided by the West Covina Service Group (WCSG)
Recommendation — Approve $33,500 for the Public Safety Communication Center and
$26,150 for the Police Records Division for maintenance services provided by the
WCSG.
20 Request for City Council approval and permission to use the badge artwork, shoulder patch
and vehicle graphics of the El Segundo Police Department on a new "Police Motorcycle
Series" to be designed and produced by Mattel, Inc
Recommendation — Approve as requested.
CALL ITEMS FROM CONSENT AGENDA
006
NEW BUSINESS —
21 Authorize the City Manager to sign and execute an agreement between the City of El
Segundo, the State of California Office of Traffic Safety (OTS), and Department of
Transportation (Caltrans), for the purchase, acquisition, and installation of a low -power AM
Recommendation — (1) Adopt Resolution in support of Project as required by the Grant
Agreements. (2) Authorize the City Manager to accept this grant and to execute
Agreements with the California State Office of Traffic Safety ( #EM0231) and
Department of Transportation ( #51A0140) with the approval of the City Attorney.
22 Introduction of two Ordinances amending Title 7 Chapter 5 of the El Segundo Municipal
Code in its entirety regarding Curfew regulations
Recommendation — Introduce the Ordinances and waive first reading. Second reading
and adoption would occur on November 20, 2001.
23 New Alcoholic Beverage Control (ABC) license for onsite sale and consumption of alcohol
(Type 47, On -Sale General) at a proposed restaurant, Fleming's Prime Steakhouse and Wine
Bar, to be located at 2301 Rosecrans Avenue, Suite 190 (ABC 01 -1) Applicant Fleming's
Westcoast -1, LP, Property Owner Continental Development Corporation
Recommendation — Determine that the City does not protest the issuance of the new ABC
license for the sale of beer and wine at the new Fleming's Prime Steakhouse and Wine
Bar.
24 Resolutions, calling for, requesting County Services for, adopting regulations for Candidates
Statement, and ordering a canvass by the City Clerk for the Municipal Election, April 9, 2002
Recommendation — Approve as requested.
25 Request for City Council approval to enter into a lease agreement with AT &T Wireless to
construct and operate a cellular digital packet data (CDPD) enabled wireless communications
facility atop the police department's communications center
Recommendation — Approve entering into a lease agreement with AT &T Wireless to
construct and operate a CDPD enabled wireless communications facility atop the police
department's communications center.
F. REPORTS - CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY —NONE
I. REPORTS - CITY CLERK — NONE
J. REPORTS - CITY TREASURER - NONE
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell -
26 Appointments to serve on the ICRMA governing board
Recommendation — Adopt Resolution appointing Kelly McDowell as the ICRMA
primary governing board member, Bret Plumlee as the alternate governing board
member and Richard Hogate as the substitute alternate governing board member.
007
Council Member Gaines — NONE
Council Member Wernick -
Mayor Pro Tem Jacobs -
27 Recommendation from the City Council Revenue Subcommittee to evaluate methods of
providing financial assistance to local hotels
Recommendation — Direct staff to evaluate alternative methods of providing financial
assistance to local hotels and return to the City Council with a recommendation.
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 beha(foftheir 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
While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond
to comments after Public Communications is closed
fuIMAT141WE M
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec 54960, et sM) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and /or
discussing matters covered under Government Code section 54957 (Personnel), and /or conferring with the
City's Labor Negotiators, as follows
Continuation of matters listed on the City Council Agenda for 5 00p in, November 7, 2001 under "Closed
Session " (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE °4013/A
TIME 3 : 3 0 Pm
NAME 'S CR a s --e /
Joa CowOl AedAas \110901 Agm&
008
EL SEGUNDO CHAMBER
The Voice for Business
October 24, 2001
The Honorable Mayor Mike Gordon
Members of City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re 2001 Annual Treelightmg & Holiday Parade
Dear Mayor Gordon and Council Members
On behalf of the Chamber of Commerce Holiday Parade Committee, we are requesting support and
sponsorship by the City of El Segundo for the 38�' Annual Holiday Parade "Let Freedom Ring" and the
related activities outlined below
• The annual Tree Lighting ceremony will take place at the Civic Center Plaza on Thursday,
December 60', from 4 15 to 5 30pm (An attachment shows last year's setup )
• This year's Parade will be held on Sunday, December 9'", from 2 00 to 4 OOpm, with the
streets to be closed from noon to parade's end
For the Tree Lighting, we are requesting the use of the City's PA system, microphones, three risers, podium,
eight tables, 80 chairs, one large coffee pot, two 100' extension cords, and a canopy We also ask that a piano
be picked up from El Segundo High School then returned to the school
For the Parade, we are requesting City sponsorship through traffic control and monitoring along the parade
route, posting street closure, barricades, and the procurement and set -up of equipment such as the Grandstand
with 60 chairs for dignitary and senior seating and the PA system for the parade announcer.
In addition, we are requesting that City permit fees be waived for both events and that the City arrange for
trash collection along the parade route following the event
Please accept our invitation to join us at our Annual Holiday Mixer at First Coastal Bank, 275 Main Street,
on December 6s' It begins at 5 30pm immediately following the Tree Lighting
We would also like to invite the City Council and other dignitaries to Tide in the Parade and to participate in
the Tree Lighting Further information will be provided to you by November 291n
Thank you for the support and sponsorship that you have extended to the Chamber and this community
tradition over the years We look forward to working with you during the upcoming holiday season
Sincerely,
6a",�����
Ot b
Kathryn Lonnie
Executive Director
427 Main Street, El Segundo, CA 90245 • (310) 322 -1220 • Fax (310) 322 -6880 009
E -mail elsegundochamber @aol com
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CANDY CANE LANE
1206 E. ACACIA AVE. EL SEGUNDO, CA 90245
October 25, 2001
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn• City Manager Office,
Regarding the Candy Cane Lane Program for 2001.
This letter is to request your offices help with our Christmas Program on the 1200
block of East Acacia Ave
We would like to borrow two street barricade set -ups and 6 orange poles for our
program These items can be dropped off on the lawn at 1201 E Acacia anytime
around December 1 st Please let us know if we can return them or they can be
picked up at the same location after December 27th.
In the past the City has supplied us the snow (white batting material) for the end of
the block. Could we once again count on this for Friday, November 30th. Every year
we try hard to save the sheets but after 3 weeks of fog, rain, wind and children
playing on it, it gets beaten up pretty good
Santa has been arrivinggloriously on the city Fire Truck. Could this be arranged
again? We need Santa on Sat Dec. 8th at 7.00 PM.
Last year the Police Department was very instrumental at helping with crowd control
by use of the RSVP. I was wondering if we could use the Volunteer Police Team again
to show "El Segundo's finest' during the opening ceremony - One Hour 6:30 to 7.30
after that they are welcome to cruise the street and be a welcome presence, but the
biggest need is that first hour
Edison needs a letter from the City Managers Office requesting that the streetlights
are turned off from Dec. 3rd through Dec. 25. I think it really this makes a
difference I would love to handle this myself but Edison won't take my word for it
The neighbors of the 1200 Block of East Acacia would like to extend an invitation to
all the City Council members and City Employees to come down during Dec. 8th -
29rd with their fanubes and friends to enjoy the festivities.
Thank you for any cooperation, these few items really help in making the program a
success
Please call me so we can discuss these items
Sincerely,
Gale Segers
Chairperson, Candy Cane Lane
6408740
Cc. Police Department
Fire Department
oil
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Special Matters
AGENDA DESCRIPTION: An amendment to the Downtown Specific Plan to
modify the definition of bed and breakfast hotel.
RECOMMENDED COUNCIL ACTION:
1) Hold Public Hearing,
2) Introduce Ordinance,
3) Schedule second reading and Adoption of Ordinance on November 20,
2001, and /or,
4) Other possible action /direction
BACKGROUND & DISCUSSION
On August 1, 2001, the City Council adopted the Downtown Specific Plan In
that document, staff recently discovered a minor inconsistency concerning the
number of rooms allowed in bed and breakfast hotels The text of the Specific
Plan does not refer to a limit in the number of guestrooms, however, the
definition contained within the document specifies a limit of 75 An analysis of
the impacts of allowing bed and breakfast hotels in the downtown area without
the 75 room limit, was included in the Environmental Assessment that was
completed for the Downtown Specific Plan Additionally, the Parking
Requirements section of the document lists parking requirements for bed and
breakfast hotels having more than 100 rooms On October 11, 2001, the
Planning Commission held a public hearing and recommended the City Council
approve the proposed amendment to the Downtown Specific Plan
ATTACHED SUPPORTING DOCUMENTS.
Draft Ordinance
Planning Commission staff report and draft minutes
FISCAL IMPACT.
Operating Budget:
none
Amount Requested
none
Account Number-
none
Project Phase:
none
Appropriation required
none
DATE.
rdrIt, Plannirg Technician October 18, 2001
Hansen, Director of Community, Economic and Development Services
197111 T:l
/dl! of
012 1
ORDINANCE NO.
AN ORDINANCE ADOPTING GENERAL PLAN AMENDMENT NO. 01 -1
AND AMENDMENT NO. 01 -03 TO THE DOWNTOWN SPECIFIC IN
THE 100 -500 BLOCKS OF MAIN STREET, THE 100 -300 BLOCKS OF
RICHMOND STREET AND THE ADJACENT PROPERTIES ON GRAND
AVENUE. PETITIONED BY THE CITY OF EL SEGUNDO
The city council of the city of El Segundo does ordain as follows
SECTION 1 The city council finds and declares as follows
A On September 19, 2001 the City of El Segundo filed an application to amend the
Downtown Specific Plan,
B The City's application was reviewed by the Department of Community,
Economic and Development Services for, in part, consistency with the General
Plan and conformity with the El Segundo Municipal Code ( "ESMC "),
C In addition, the application was reviewed to identify any environmental impacts
under the California Environmental Quality Act (Public Resources Code §§
21000, et seq , "CEQA" ), the regulations promulgated thereunder (14 Cal Code
of Regulations § §15000, et seq, the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No 3805, adopted March 16,
1993),
D After an Initial Study was prepared, the Department of Community Economic and
Development Services determined that the application would not cause any
significant environmental impacts Accordingly, it prepared a Mitigated Negative
Declaration ( "MND ") for public review and comment between April 21 and May
11, 2000 The City Council adopted the MND on August 1, 2000,
E On October 11, 2001, the Planning Commission held a public hearing regarding
the proposed amendment to the Downtown Specific Plan After considering the
evidence from the public hearing including, without limitation, the Department of
Community Economic and Development Services' staff report and staff
presentation, the Planning Commission adopted Resolution No 2515 which
recommends that the City Council amend the Downtown Specific Plan as
requested,
F There are no changes to the affected portions of the Downtown that would affect
the analysis of the MND adopted on August 1, 2000,
G The City Council held a public hearing on November 7, 2001 to consider this
Ordinance,
ORDINANCE NO
ADOPTING GPA 01-1 & AMENDMENT NO 01 -03 TO DOWNTOWN SPECIFIC
PAGE NO 1
013
H Based upon the written and oral evidence submitted at the public hearing, the City
Council believes that the findings listed in Planning Commission Resolution No
2515 as adopted on October 11, 2001 are true and accurate Accordingly, those
findings are adopted by reference and incorporated into this Ordinance as if fully
set forth
SECTION 2 The Downtown Specific Plan's definition of "Bed and Breakfast Hotel" is
amended by Amendment No 01 -04 to read as follows
"Bed and Breakfast Hotel means an establishment intended or designed to be used
for sleeping purposes by guests and provides breakfast to guests The use may
also contain ancillary services such as meeting rooms, personal services, and food
preparation and dispensing Guest stays shall be limited to 30 consecutive days
One dwelling unit for the use of the proprietor shall be allowed "
SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable
SECTION 4 The City Clerk is directed to certify the passage and adoption of this Ordinance,
cause it to be entered into the City of El Segundo's book of original ordinances, make a note of
the passage and adoption in the records of this meeting, and, within fifteen (15) days after the
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law
SECTION 5 This Ordinance will become effective thirty (30) days following its passage and
adoption
PASSED AND ADOPTED this _ day of , 2001.
Mike Gordon, Mayor
ORD W ANCE NO
ADOPTING GPA 01 -1 &AMENDMENT NO 01 -03 TO DOWNTOWN SPECIFIC
PAGE NO 2
014
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five, that the foregoing Ordinance
No was duly introduced by said City Council at a regular meeting held on the
day of , 2001, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the day of 2001, and the same was so passed
and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS T
Mark D Hensl , Ci�A� mey
S
Karl H Berger
Assistant City .
ORDINANCE NO
ADOPTING GPA 01-1 & AMENDMENTNO 01-03 TO DOWNTOWN SPECIFIC
PAGE NO 3
015
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business, City Attorney
AGENDA DESCRIPTION:
Second reading and adoption of an Ordinance of the City Council amending Title
6 of the El Segundo Municipal Code in its entirety regarding Animal Control
regulations
RECOMMENDED COUNCIL ACTION: Hola Public Hearing.
Second reading and adoption The Ordinance would become effective thirty
days from adoption
BACKGROUND & DISCUSSION:
Earlier this year, the City Council requested the City Attorney and El Segundo
Police Department to revise Title 6 of the El Segundo Municipal Code regarding
Animal Control The City Attorney's office has completed revising Title 6 and,
among other things, incorporated specific provisions at the requested of the
Police Department relating to microchipping dangerous dogs and requiring
animal breeders to obtain licenses
ATTACHED SUPPORTING DOCUMENTS:
Ordinance introduced on October 16, 2001
FISCAL IMPACT: NIA
Operating Budget:
Amount Requested:
Account Number:
Project Phase,
Appropriation
Berger, istant City Attorney
DATE:
016 2
BACKGROUND & DISCUSSION (CONTINUED):
The proposed ordinance revises Title 6 of the El Segundo Municipal Code
( "ESMC ") in a number of ways In addition to "housekeeping" matters such as
Incorporating provisions of the Los Angeles County Code, reformatting the
chapters contained within Title 6, Identifying the persons responsible for
administering the code, and reconciling Title 6 with other provisions of the ESMC,
the proposed ordinance adds two new provisions
• A new licensing requirement for animal breeders (Chapter 3A in the
proposed Ordinance), and
• Adds a requirement that dogs deemed found potentially dangerous be
micro- chipped at the owner's cost before being released from
impoundment (ESMC § 6- 4-6(D) )
This office believes that the proposed changes to the ESMC reflects the City's
current practices and applicable law
Please note that the proposed ordinance does not address a recent matter that
received public attention the ordinance does not prohibit or regulate dog
tethering The apparent objection to this practice is that tethering may endanger
the health of an animal because, depending on the length of a tether, the animal
may be unable to find water, food, or shelter
Pursuant to Penal Code § 597, a person who deprives animals of "necessary
sustenance, drink, or shelter' or "fads to provide (an] animal with proper food,
drink, or shelter or protection from the weather" may be prosecuted either for a
misdemeanor or felony The only Incident investigated by the Police Department
where a dog was tethered resulted in a dog owner being prosecuted under Penal
Code § 597. This office does not believe that the City is able to regulate activity
that is already addressed by the Penal Code and, accordingly, has not amended
the ESMC
017
ORDINANCE NO. 1340
AN ORDINANCE AMENDING TITLE 6 OF THE EL SEGUNDO
MUNICIPAL CODE IN ITS ENTIRETY REGARDING THE
REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION.
The Council of the City of El Segundo does ordain as follows
SECTION 1 Chapter 1 in Title 6 of the El Segundo Municipal Code ( "ESMC "), entitled
County Regulations, is amended in its entirety to read as follows
"Chapter 1
INCORPORATION OF LOS ANGELES COUNTY ANIMAL REGULATIONS
6 -1 -1 INCORPORATION OF TITLE 10, LOS ANGELES COUNTY CODE: Pursuant to
Government Code § 50022 9, the City Council incorporates Title 10 of the Los Angeles
County Code entitled Animals, subject to the amendments, additions and deletions set
forth below, into this Code The provisions of this Code will take precedence over any
conflicting provisions in Title 10 of the Los Angeles County Code, will
6 -1 -2 DELETIONS FROM LOS ANGELES COUNTY CODE The following provisions
of Title 10 of the Los Angeles County Code are deleted
A Chapter 10 04 entitled General Provisions,
B Sections 10 08 210 and 10 08 220 in Chapter 10 08 entitled Definitions,
C Sections 10.20 011, 10 20 212, 10 20 213, 10 20 214, 10 20 215, and 10 20 262 in
Chapter 10 20 entitled Dogs and Cats,
6 -1 -3 AMENDMENTS TO LOS ANGELES COUNTY CODE The following provisions of
Title 10 of the Los Angeles County Code are amended to read as follows
A Section 10 08 100 "Department" means the El Segundo Police Department
B Section 10 08 110 "Director" means the police chief, or designee
6 -1 -4 ADDITIONS TO LOS ANGELES COUNTY CODE The following sections are
added to Title 10 of the Los Angeles County Code
A Section 10 08 260 "Director of health services" means the police chief or
designee
C Section 10 08 270. "Sheriff," "sheriff deputy," and "sheriff officer" means
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police officer
D Section 10 08 280 "Tax collector" means the finance director, or designee
6 -1 -5 GENERAL PENALTY Any person violating any provision of this title is guilty of a
misdemeanor unless otherwise provided in this title "
SECTION 2 Chapter 2 in Title 6 of the ESMC, entitled Animals, is amended in its entirety to
read as follows
"Chapter 2
ANIMAL CONTROL
6 -2 -1 PURPOSE This Title 6 of the El Segundo Municipal Code is adopted pursuant to the
City's police powers, and applicable provisions the California Code, for the purpose of
protecting public health and safety, the health and safety of animals kept within the City's
jurisdiction, and ensuring that the requirements of this Title 6 are enforced
6 -2 -2 DEFINITIONS Unless the contrary is stated or clearly appears from the context, the
following definitions, in addition to those set forth in chapter I of this title, govern the
construction of the words and phrases used in this title
A "At large" means whenever a dog is elsewhere than on the premises of the owner
or other person having the custody or control of such dog and is not restrained by
a leash less than ten (10') feet in length, under the control of a person capable of
controlling such dog
B "Dog" means both male and female dogs
C "Kennel" means a place where four (4) or more adult dogs or cats or any
combination thereof, are kept, whether by owners of the dogs and cats or by
persons providing activities and care, whether or not for compensation An adult
dog or cat is one of either sex, altered or unaltered, that has reached the age of
four (4) months
D "Own" includes the terms keep, maintain, control, harbor, or possess
E "Owner" means any natural or artificial person who owns an animal for more than
fifteen (15) days
F "Potentially Dangerous Dog" means any of the following
Any dog which, when unprovoked, on two (2) separate occasions within
the prior thirty six (36) month period, engages in any behavior that
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requires a defensive action by any person to prevent bodily injury when
the person and the dog are off the property of the owner or keeper of the
dog
2 Any dog which, when unprovoked, bites a person causing a less severe
injury than as defined in Food and Agricultural Code § 31604
Any dog which, when unprovoked, on two (2) separate occasions within
the prior thirty six (36) month period, has killed, seriously bitten, inflicted
injury, or otherwise caused injury attacking a domestic animal off the
property of the owner or keeper of the dog
G "Vicious Dog" means any of the following
Any dog seized under Penal Code § 599aa and upon the sustaining of a
conviction of the owner or keeper under Penal Code § 597 5(a)
Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being
3. Any dog previously determined to be and currently listed as a potentially
dangerous dog which, after its owner or keeper has been notified of this
determination, continues the behavior described in the definition of
"potentially dangerous dog" in this section, or is maintained in violation of
Food and Agricultural Code §§ 31641, 31642, or 31643
6 -2 -3 ANIMALS PERMITTED It is lawful for a person to own the following animals within
the city
A Canaries, pigeons, doves or birds of the psittacine family kept as household pets
or as a hobby only, not exceeding ten (10) in number, when kept in facilities that
are humane and adequate as to noise, sanitation and security,
B Fish and turtles kept as household pets or as a hobby only,
C Hamsters, white rats or guinea pigs as household pets or as a hobby only, not
exceeding ten (10) in the aggregate and the young thereof not exceeding three (3)
months in age,
D Hen chickens, kept as household pets or as a hobby, not to exceed five (5) in
number when kept in facilities that are humane and adequate as to noise,
sanitation and security,
E Rabbits as household pets or as a hobby only, not exceeding four (4) in number
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and the young thereof not exceeding four (4) months in age,
F In any residential dwelling, dogs and cats not to exceed three (3) for each
residential living unit in any combination thereof and the young thereof not
exceeding four (4) months in age,
G Except in residential districts, dogs used for guard or sentry purposes
6 -2 -4 CIRCUS. The animals allowed to be owned in this chapter may beused in association
with any circus, carnival, wild west show, or parade for which a permit has been issued
A Unless otherwise provided by a permit issued pursuant to this code, animals used
in conjunction with the type of event listed herein may not be used for such an
event more than twenty four (24) hours before the first performance of the event
nor may such animals remain within the city more than twenty four (24) hours
after the conclusion of the last performance of an event
6 -2 -5 LABORATORY All animals enumerated in this chapter may be kept within the city in
connection with a laboratory that holds a valid clinical laboratory permit issued by the
state department of health
6 -2 -6 SCHOOL All animals enumerated in this chapter may be kept within the city in a public
or private school licensed by the state
6 -2 -7 ANIMALS PROHIBITED Unless otherwise provided in this chapter, it is unlawful for
any person to keep, maintain, possess, or control any poisonous or venomous snake or
any wild, carnivorous animal
6 -2 -8 ANIMALS AT LARGE It is unlawful for any animal owner to allow that animal to be
at large
6 -2 -9 ANIMAL CARE: Every person, within the city, who owns any animal or who owns,
conducts, manages or operates any kennel or animal breeding operation for which a
permit is required by this title, will comply with each of the following conditions
A Housing facilities for animals will be structurally sound and will be maintained in
good repair, to protect the animals from injury, to contain the animals, and to
restrict the entrance of other animals
B All animals will be supplied with sufficient good and wholesome food and water
as often as the feeding habits of the respective animals require
C All animals and all animal buildings or enclosures will be maintained in a clean
and sanitary condition
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D All animals will be so maintained as to eliminate excessive and nighttime noise
E No animals will be without attention more than twelve (12) consecutive hours
Whenever an animal is left unattended at a kennel, the telephone number of the
police department, or the name, address and telephone number of the responsible
person, will be posted in a conspicuous place at the front of the property
F Every reasonable precaution will be used to ensure that animals are not teased,
abused, mistreated, annoyed, tormented or in any manner made to suffer by any
person or means.
G No condition will be maintained or permitted that is or could be injurious to the
animals
H Animal buildings and enclosures will be so constructed and maintained as to
prevent escape of animals All reasonable precautions will betaken to protect the
public from the animals and the animals from the public
Every animal establishment will isolate sick animals sufficiently so as not to
endanger the health of other animals Sick animals will at all times be isolated
from the other animals
Every building or enclosure wherein animals are maintained will be constructed
of material easily cleaned and will be kept in a sanitary condition The building
will be properly ventilated to prevent drafts and to remove odors Heating and
cooling will be provided as required, according to the physical needs of the
animals, with sufficient light to allow observation of animals and sanitation
K Such person will take any animal to a veterinarian for examination or treatment, if
the director finds this is necessary in order to maintain the health of the animal
and orders the owner or custodian to do so
L All animal rooms, cages, kennels and runs will be of sufficient size to provide
adequate and proper accommodations for the animals kept therein
M Every violation of an applicable regulation will be corrected within a reasonable
time to be specified by the chief of police
N Such person will provide proper shelter and protection from the weather at all
times.
O Such person will not give an animal any alcoholic beverage, unless prescribed by
a veterinarian
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P Such person will not allow animals that are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together, or so near each
other as to cause injury, fear or torment If two (2) or more animals are so trained
that they can be placed together and do not attack each other or perform or
attempt any hostile act to the others, such animals will be deemed not to be
natural enemies
Q Such person will not allow the use of any tack, equipment, device, substance or
material that is, or could be, injurious or cause unnecessary cruelty to any animal
R Such person will not allow any animal to cause a hazard, or be a menace to the
health, peace or safety of the community
6 -2 -10 PUBLIC NUISANCE Any animal (or animals) which molests passersby or passing
vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large,
damages or trespasses on private or public property, barks, whines or howls in an
excessive, continuous or untimely fashion,is a public nuisance
6 -2 -11 PERMITS REQUIRED:
A Compliance, Permit It is unlawful for any person to keep or maintain, or have in
possession or under control in the city any animal except as permitted by this
chapter
B Permit For Keeping Animals The director may issue a permit to persons wishing
to keep types of animals not identified in this chapter or a greater number of
animals than allowed by this chapter
6 -2 -12 APPLICATION FOR PERMIT An application for a permit will be initiated by filing
a verified application on a form furnished by the director At a minimum, the application
will include
A The applicant's name, address, and telephone number,
B The number and kind of animals for which a permit is requested,
C The number and kind of other animals kept on the premises,
D The type and location of caging, if applicable, and
E, Other information reasonably required by the director The director will make or
cause to be made such investigation as may be appropriate
6 -2 -13 CRITERIA FOR APPROVAL: The director will issue or renew the permit if
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A Issuing a permit will not adversely affect the public peace, health or safety,
B Keeping of the animal will not violate any applicable laws; and
C That the facilities for keeping such animals are humane and adequate under the
circumstances as to noise, security and sanitation
6 -2 -14 EXPIRATION OF PERMITS All permits issued on or before October 31 of any year
will expire on December 31 of that year Any permit issued on or after November 1 of
any year will expire on December 31 of the next succeeding year
6 -2 -15 APPEAL DECISION OF DIRECTOR; FEE Any person dissatisfied with the
decision of the director may file an appeal of such decision with the planning commission
by filing a written notice of appeal in letter form accompanied by a filing fee in an
amount set by resolution of the city council, said fee to cover the cost of posting, postage,
advertising and other costs incident to the proceedings Said notice of appeal must be
filed within ten (10) days after the the director, renders a decision Failure to appeal a
decision within this time period will waive an applicant's appeal rights
6 -2 -16 PLANNING COMMISSION HEARING; NOTICE; DECISION:
A Hearing Notice When an appeal is filed, the director will give notice of a public
hearing by mailing a letter notice, first -class mail with postage prepaid, to the
applicant and to the owners of property abutting the boundary of the property that
is the subject of the application for an animal permit, using for this purpose the
last known name and address of such owners as shown upon the last equalized
assessment roll of Los Angeles County Such notice will contain the address, a
general explanation of the matter to be considered, and the time and place at
which the public hearing on the matter will be held
B Decision By Resolution The planning commission will announce its decision by
resolution
C Decision Final Any action by the planning commission on such matters will be a
final decision There is no right for city council appeal
D Notice Of Decision Not later than fifteen (15) days following the adoption of a
resolution ordering that an appeal be granted or denied, a copy of the resolution
will be marled to the applicant and to any other person requesting notice of the
action
6 -2 -17 GROUNDS FOR REVOCATION: Any permit issued pursuant to the provisions of
this chapter may be revoked by the directorif the director finds
A That the permit, or a prior permit of which the permit is an extension was
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obtained by fraud, or
B That the permittee violated the law in keeping such animal, or
C That the animal or animals endanger the public peace, health or safety "
SECTION 3 Chapter 3 in Title 6 of the SSMC, entitled Dogs, is amended in its entirety to read
as follows
"Chapter 3
DOGS
6 -3A -1 LICENSING REQUIREMENTS
A License Required, Exceptions
Except as provided in this chapter, it is unlawful for any person to own
any dog without obtaining an annual city license
It is not necessary to purchase a license or to pay a license fee for any dog
under the age of four (4) months
The license fee will not apply to any dogs kept or maintained exclusively
in any dog kennel in the city
B Annual License Fees The annual license fee for keeping and maintaining an
unaltered dog in the city will be set from time to time by city council resolution
The annual license fee for a spayed or neutered dog will be set at an amount that
is one -half (1/2) of the annual license fee for an unaltered dog, if a certificate is
presented from a licensed veterinarian verifying that the dog has been spayed or
neutered
C Discount For Senior Citizens A fifty percent (50 %) discount on the dog license
fee will be made available to any resident sixty two (62) years of age or older who
makes application for the discount
D Seeing Eye Or Guide Dogs Seeing eye or guide dogs are those dogs that have
been especially trained to lead and aid the blind or deaf Any blind or deaf person
having custody of such a dog may keep and harbor the dog within the city by
obtaining a license to keep a dog as provided herein, and may lawfully take the
dog into any food establishment within the city There will be no fee charged for
such dogs upon proof of antirabies vaccination
E Date Payable, Proration, Penalty
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Any license fee required to be paid by this chapter will be payable
annually in advance on March 1 of each year, and the license will expire at
twelve o'clock (12 00) midnight on the last day of February of the
following year. The full amount of the license fee will be payable for any
license falling due during the period from January 1 of the year to June 30
of the year
Fifty percent (50 %) of the amount of the license fee will be payable for
any license falling due subsequent to September 30 of the year for the
remaining fraction of the year
Any license fee payable under the provisions of this chapter remaining
unpaid for a period of thirty (30) days after the same will become payable
hereunder, will be subject to a penalty of fifty percent (50 %) of the fee
due, which penalty will be collected by the license collector at the time of
the collection of the license fee, and will be in addition to the principal
sum thereof In determining whether or not a penalty has accrued under
the provisions of this chapter, the license collector may require an affidavit
from any person claiming exemption from the payment of any penalty
hereunder, which affidavit will set forth the facts upon which the claim for
the exemption is based
F Failure To Pay License Fee. Whenever any person owning, harboring or having
the care or custody of any dog fails to pay the license fee provided and specified
in this chapter for the dog, the director may cause the dog to be seized and kept in
the public pound for the period and in the manner and upon the terms, conditions
and requirements as specified in this chapter
G Exception Animals, other than dogs, are not required to be licensed pursuant to
this chapter
6 -3A -2 LICENSE TAGS:
A Contents Each year the city will procure a sufficient number of suitable metallic
license tags to meet the requirements of this chapter, numbered from one upward
consecutively, on which tags will be stamped the date of their expiration and the
license number, and will issue the same to the director in consecutive order as
may be required
B Duplicate The city council will by resolution establish a fee for issuing a license
and metallic tag to replace a lost license or tag
C Affixing To Dog Collar The owner of any dog upon which the license fee has
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been paid will securely fasten the metallic license tag upon a suitable collar and
securely fasten the collar with the tag attached thereto upon the dog A dog
harness or other device may be substituted in lieu of the collar, if so desired
6 -3A -3 RECEIPT BLANKS The city will print a sufficient number of receipt blanks to
meet the requirements of this chapter The receipt blanks will provide for the description
of the dog for which the license fee is paid, the number of the metallic license tag which
has been issued for the dog and also the name and address of the owner of the dog The
receipts will also designate the rabies vaccination date and tag number and the sex of the
dog for which the license fee has been paid
6 -3A -4 SUSPENSION OR REVOCATION OF DOG LICENSE. The director may
suspend or revoke any dog license issued under the provisions of this chapter, if at any
time the director finds that any dog described or referred to in any dog license, or for
which any dog license has or may be issued under this chapter is vicious, dangerous or
apt to bite or injure any person
6 -3A -5 RUNNING AT LARGE PROHIBITED.
A It is unlawful for any person owning or having charge, custody, possession or
control of any dog to cause, permit or allow the dog to run at large in or upon any
highway, street, lane, alley, court or other public place, or in or upon any private
property or premises, other than those of the person owning or having charge,
custody, possession or control of the dog within the city, unless the dog is
restrained by a substantial leash not to exceed six feet (6) in length and is in
charge, custody, possession or control of a competent person
B This provision will not apply to public areas of the city officially designated as a
"dog park" or to police service dogs while such dogs are under the control of a
peace officer
6 -3A -6 RABIES CONTROL:
A Vaccination Required, Exception Every dog in the city over the age of four (4)
months must be vaccinated against rabies
B Revaccination Every person keeping, harboring or having a dog in the city that
has been vaccinated with chick embryo vaccine will cause the dog to be
revaccmated within a period of not more than two (2) years after the prior
vaccination
C Every person keeping, harboring or having a dog in the city which has been
vaccinated with tissue phenolized vaccine will cause the dog to be revaccmated
with rabies vaccine within a period of not more than one year after the prior
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vaccination
D Vaccination Certificate Issuance Every person practicing veterinary medicine in
the city who vaccinates a dog with rabies vaccine will issue to the person keeping,
harboring or having the dog a certificate, which is signed by the veterinarian and
which states thereon the name and description of the dog, the date of the
vaccination and the type of vaccine used
E Certificate And Tag, Exhibition Every person applying for a dog licensewill
exhibit a certificate and rabies vaccination tag issued by a person licensed by the
state or any other state or nation to practice veterinary medicine, which certificate
will show that the dog for which the license will be issued either
Was vaccinated in accordance with this chapter, or
Should not be vaccinated with rabies vaccine by reason of age, infirmity
or other disability, which disability is shown on the face of the certificate
and to the satisfaction of the person issuing the license to be in effect at
the time
6 -3A -7 DOG PARK RULES. The city council may, by resolution, designate particular
parks within the city as dog parks Persons having custody of dogs at dog parks will
comply with the following
A Dogs will not be present at a dog park without an owner or custodian,
B The dog park will be open from dawn to dusk, seven (7) days a week
C Aggressive dogs are not allowed in the park,
D No food in the park/don't feed dogs in the park;
E Owners must supervise and clean up after dogs,
F. Children under twelve (12) years of age must be supervised by an adult,
G Dogs must be at least four (4) months old and vaccinated,
H Dogs in heat are not permitted,
I No spiked collars,
J No bikes, rollerblades, roller skates, strollers or similar items allowed in the park,
K. Owners must have a leash available at all times,
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L Parking regulations must be obeyed,
M Dog owners are liable for any injuries or damage caused by their dog(s),
N All dogs must be currently licensed,
O Professional dog trainers are not allowed to conduct training on -site,
P No person may bring more than three (3) dogs to the park at one time
Q Prohibited Behavior The following behaviors must be stopped immediately
Prolonged growling,
Mounting or pinning of other dogs
6 -3A -8 INTERFERING WITH ANIMAL CONTROL OFFICERS PROHIBITED. A
person will not interfere with, oppose or resist the director or any employee of the city,
while such person is engaged in the performance of any act authorized by this title
6 -3A -9 INTERFERENCE WITH POLICE DOGS. It is unlawful for any person to
willfully tease, torment, agitate, provoke, beat, kick, strike, injure, maim, disable, kill, or
in any way interfere with any dog being used in a police function by law enforcement
officers
SECTION A new Chapter 3A is added to Title 6 of the ESMC to read as follows
"Chapter 3A
LICENSES
6 -3A -1 LICENSE REQUIRED It is unlawful to operate or maintain a kennel or animal
breeding business in the city without a valid kennel or breeders license issued pursuant to
this title
6 -3A -2 APPLICATIONS — ALL LICENSES. Persons wishing to obtain either a kennel or
a breeders license must file an application as follows
A License applications will be filed by a natural person
B License applications will be in a form prescribed by the director and will, at a
minimum, contain all of the following information
Whether the applicant is seeking a kennel or breeders license,
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2 The name, mailing address, and daytime and evening telephone numbers
of the person filing the application,
If filing on behalf of a business, the name, mailing address, and daytime
telephone number of the organization, and if requested by the director,
written documentation of the authority under which the applicant is
applying for the permit on behalf of the organization,
For a kennel license, the proposed location of the kennel;
6 -3A -3 SUPPLEMENTAL INFORMATION In addition to the information required this
chapter, applications for all licenses will include such supplemental information which
the director may find reasonably necessary in order to determine whether to approve or
deny a license under this chapter
6 -3A -4 LICENSE ISSUANCE. The director will issue a kennel or breeders license if
A The application was complete in accordance with this chapter,
B, There are no grounds for denying a license,
C For a kennel license, operating the proposed kennel will not violate any state or
local regulation,
D Operating the proposed breeding business will not endanger the health, peace or
safety of the community,
E The proposed site for the proposed breeding business is clean and sanitary, and
F The applicant has not had a similar license revoked within one year before the
application
G Applicant accepts the permit approval or conditional approval in writing
6 -3A -5 LICENSE DENIAL A permit maybe denied for the following reasons
A The application is incomplete,
B The applicant failed to provide reasonable supplemental application information
requested by the director,
C Information submitted by the applicant is materially false,
D The proposed location for a kennel does not conform with the zoning regulations
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of this code,
6 -3A -6 KENNEL LICENSES — GENERAL REQUIREMENTS.
A Any person conducting, managing or maintaining a kennel will pay the city an
annual fee for the privilege of conducting or maintaining the dog kennel as set by
resolution of the city council for the kennel which will entitle the kennel operator
to maintain ten (10) or fewer dogs
B Every person owning or operating any kennel will keep all animals therein under
proper confinement on the premises and will not cause, permit or allow such
animals to be or to run at large
C The holder of a kennel license will keep available for inspection, on the premises,
a record that will show
The name, current address and telephone number of the owner of each
animal kept at the kennel,
The date such animal entered the kennel,
The reason for such animal being at the kennel, such as for boarding, sale,
breeding or grooming,
The description of the animal, including its age, breed, sex and color,
That there exists a current, valid rabies certificate for every dog over four
(4) months of age so long as such dog is kept at the kennel
D The provisions of this section do not apply to breeders licenses
6 -3A -7 DURATION OF LICENSE OR PERMIT Licenses issued pursuant to this chapter
will expire one year from the date of issuance The license maybe revoked or suspended
for cause in accordance with this chapter before the expiration date. The license is void if
the licensee changes the location of the breeding business or sells, assigns, transfers or
otherwise disposes of such business or his or her interest therein for a period of 30 days
or more
6 -3A -8 RENEWAL Each license or permit issued under this chapter will be renewed within
30 days after the expiration thereof
6 -3A -9 REVOCATION OR SUSPENSION OF LICENSE OR PERMIT.
D Any license or permit issued under the provisions of this chapter may be revoked
or suspended if the director finds
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That the licensee, his or her agent or employee, has been convicted of any
offense involving the violation of Penal Code §§ 596, 596 6, 597, 597 1,
597.5, 598 and 599, or of any provision of this chapter,
That the licensee, his or her agent or employee, has at the place for which
the license was issued, failed to provide any animal in his or her
possession care or control with proper and sufficient food, drink, shelter or
protection, or subjected any such animal to suffering, cruelty or abuse,
That the licensee, his or her agent or employee, failed to maintain the
premises in a clean and sanitary condition;
4 That the licensee, his or her agent or employee, has violated any rule or
regulation made pursuant to the provisions of this title;
That the licensee has falsified facts on the license application
E If a license is denied or revoked for cause, the director will not accept a new
application by the same person for a breeding license less than six months after
such dental or revocation, unless the applicant affirmatively shows and the officer
finds, by inspection or investigation, that the grounds upon which the first
application was denied or the license was revoked no longer existed
F On revocation of a license, no part of the fee is refundable
6 -3A -10 DISPLAY OF LICENSE OR PERMIT Licenses issued pursuant to this chapter
will be displayed in a conspicuous place on the licensed premises
6 -3A -11 BREEDERS LICENSE — REQUIREMENTS.
E The director may issue a breeders license in the same manner as kennel licenses
Persons who possess a valid kennel license issued pursuant to this title need not
obtain a breeders license
G In addition to every other applicable requirement of this title, every licensee will
comply with each of the following conditions
Every puppy or kitten offered for sale must be examined by a veterinarian
and be certified free of congenital defects, distemper, worms, skin disease,
skin and ear mites, and other diseases or conditions which would be
injurious to the animal or a potential owner.
Every puppy or kitten offered for sale will have been vaccinated against
distemper by a veterinarian A certificate providing the name of the
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veterinarian and the date and treatment must be provided to the purchaser
at the time of sale
No animal will be transported by a licensee unless housed in a container
designed for that purpose including provisions for adequate ventilation
and food and water
4 No licensee will allow the whelping of more than one litter per female dog
or cat during the license term "
SECTION Chapter 4 to Title 6 of the ESMC is amended in its entirety to read as follows
"Chapter 4
IMPOUNDING ANIMALS
6 -4 -1 DIRECTOR; DUTIES; IMPOUNDMENT FEES
A In addition to any other duties under this code, the director is responsible for all
duties relating to operation of an animal pound including, without limitation,
capturing, holding, and releasing animals violating any provision of this code
B. The director will keep a full, true and correct record of all animals impounded, the
date of the impoundment, and the date of release, discharge or disposal This
documentation will be available for public inspection The director may
promulgate appropriate regulations for public viewing of impounded animals
C Care Of Animals And Fowl- The director will provide the necessary subsistence
and will properly care for all impounded animals
D The director will remove and dispose of all dead animals found in or upon any of
the public highways, streets, avenues, ways, lanes, alleys, parks, squares,
sidewalks or other public places within the city
E The director will remove and dispose of any abandoned dead animal found on
private property in accordance with the nuisance abatement proceedings of this
code
6- 3A -10: FEES FOR IMPOUNDING AND KEEPING ANIMALS The director will collect
a fee set by city council resolution from the owners of impounded animals
6 -3A -11 VACCINATION FEE; REDEMPTION OF STRAY DOGS AND CATS. The
director will collect a fee from persons redeeming impounded dogs and cats for
administering distemper vaccinations to stray dogs and for vaccinating stray cats for
feline diseases This vaccination fee will be set by city council resolution
Page 16 of 20
033
6 -3A -12 IMPOUNDING DOGS.At any time within five (5) days from the date of
impoundment, the owner or persons entitled to the possession of the dog may reclaim the
dog upon payment to the director of the impounding fee,
A For the second impoundment of a dog, owned by the same person, the pound fee
will be an amount that is double the standard impoundment fee,
B For the third impoundment of a dog, owned by the same person, the pound fee
will be an amount triple the standard impoundment fee,
C In addition to the foregoing impounding fee, the daily maintenance fee will be
paid for each day or portion thereof for which the dog was impounded
6- 3A -13- IMPOUNDMENT OF DOG WITHOUT TAG.
A The director will capture and impound any dog found within the city limits that is
not wearing a valid license tag and rabies tag conforming to the provisions of this
chapter
B The director may enter private property in accordance with applicable law to
examine or capture any dog suspected of being in violation of the provisions of
this code or is suspected of being rabid or infected with rabies
6 -3A -12 DANGEROUS DOGS; IMPOUNDMENT; HEARING:
A Filing Of Opinion, Impoundment Whenever any dog is, in the written opinion of
the director vicious, dangerous, potentially dangerous or apt to bite or injure any
person, and is kept in such manner as to constitute an apparent menace to any
person, the dog may be immediately impounded by the director
B Notice Of Impoundment, Opinion, Hearing As soon as reasonably possible after
the dog is impounded, the owner of the dog, or the person harboring the dog, or
the person to whom the license for the dog was issued or any person whose name
appears therein, will be notified, either personally or by mail addressed to the
person, at the address shown in the license, of the fact of the impounding and that
the person or any person interested may appear at a hearing before the director,
the notice of hearing to be served at least forty eight (48) hours before the time of
the hearing, and show cause if the person can, why the dog should not be
destroyed The notification will also contain or have attached thereto a copy of the
director's written opinion, if any
C Hearing; Decision At the hearing, the director will hear all persons who appear
and desire to be heard, and will thereupon decide whether the dog will be
Page 17 of 20
034
released, destroyed or otherwise disposed of The director's decision is final.
There is no right to city council appeal
D Micro - Chipping Before Release If at the conclusion of the hearing the director
determines that the dog will be released, the dog must have a micro -chip
imbedded subcutaneously in accordance with industry standards before being
released to the owner. The micro chipping will be at the owner's expense
E Surrender Of Dangerous Dog Any dog declared after a hearing to be dangerous,
if not already impounded by the department, will be immediately surrendered to
the department
6 -4 -2 ANIMAL IMPOUNDMENT.
A Costs Of Subsistence And Care The costs of subsistence or care for impounded
animals and fowl will be a charge against and paid by the city, unless otherwise
specified in any contract which may be awarded for the pound service as
contemplated by this chapter, in which case the costs thereof will be paid and
discharged as contemplated to the contract
B Minimum Period Of Impoundment Every animal and fowl impounded in the
public pound will be kept therein for a full period of at least five (5) days,
exclusive of the day of impoundment, unless sooner redeemed by the lawful
owner thereof or unless in the opinion of the director the physical condition of the
animal or fowl is such as to justify prior disposition in order to serve humane
considerations
6 -4 -3 RECLAMATION OF IMPOUNDED ANIMALS.
A Right To Reclaim Upon Payment Of Charges The owner or any person entitled
to the control of any animal or fowl impounded in the public pound has the right
to reclaim the same at any time before the sale or other actual disposal thereof,
upon payment to the director of the costs and charges provided for in this chapter
F Payment Of Fees When any redemption is made under this chapter, in addition to
paying any impounding and maintenance fee or costs incurred by reason of
impounding any animal impounded under this chapter, there will also be paid the
amount of any license fee which may then be due or payable on such animal
under this title or any other section of this code or ordinance of the city, in case a
current license for the animal is not in existence at the time
G Damage Payment When any redemption is made under this chapter, in addition
to paying any impounding fee or costs incurred by reason of impounding any
animal or fowl, there will also be paid reasonable demands for actual damage
done by any animal or fowl running at large The damages required to be paid by
Page 18 of 20
035
this subsection will be paid to the person whose property was damaged
6 -4 -4 RELEASE FROM IMPOUNDMENT No impounded dog will be released to any
person except where following occurs
A A current license and rabies tag is presented to the director for the dog
B The director is given proof that a license fee was paid to the city pursuant to this
title
C Impound, collection, and other fees related to the impoundment required by this
title are paid to the city
D The director is given proof that the dog is vaccinated for rabies, if required, or a
fee is paid for vaccination
E The director determines that the dog does not have and is not reasonably
suspected of having rabies
6 -4 -5 RABIES SUSPECT, IMPOUNDMENT PROCEDURE If the director suspects that
an impounded dog has rabies, the dog will be inspected by a county health officer
Should the dog be found to have rabies, it will be disposed of or confined for such time as
the health officer directs In the event that the health officer suspects that the dog may
develop rabies, it will be confined for such time as the health officer directs Whenever
the health officer determines that the dog does not have rabies, it will be released in
accordance with the provisions of this chapter
6 -4 -6 TRESPASSING ANIMAL OR FOWL: Any animal found trespassing upon private
property may be captured by the party owning, controlling or having possession of the
ground or premises, or by the agent or representative of the person, and committed to the
director to be dealt with as provided in this chapter Any person taking up the stray
animal or fowl found running at large or trespassing upon any property, ground or
premises owned, controlled or in possession of the person will promptly notify the
director of such capture and it is unlawful for any such person to fail or refuse to
surrender the animal to the director upon demand "
SECTION 5 If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable
SECTION 6 The City Clerk is directed to certify the passage and adoption of this Ordinance,
cause it to be entered into the City of El Segundo's book of original ordinances, make a note of
the passage and adoption in the records of this meeting, and, within fifteen (15) days after the
Page 19 of 20
036
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law
SECTION 7 This Ordinance will become effective thirty (30) days following its passage and
adoption
PASSED AND ADOPTED this _ day of , 2001
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
Ordinance No was duly introduced by said City Council at a regular meeting held on
the day of ' 2001, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the day of 2001, and the same
was so passed and adopted by the following vote
AYES
NOES
ABSENT;
ABSTAIN
Cindy Mortesen, City Clerk
APPROYD
Mark D By
H Berger,
Page 20 of
City Attorney
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3
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/06/2001 THROUGH 10/26/2001
Date
Payee
Amount
Description
10/10/01
Health Comp
3,28560
Weekly claims 10/5
10/10/01
West Basin
897,781 92
H2O payment
10/11/01
Employment Development
42,275 09
State Taxes PR 08
10/11/01
IRS
207,314 29
Federal Taxes PR 08
10/15/01
Union Bank
32,147 65
PGC -El Segundo, LLC payroll
10/16/01
Park Vista Senior Housing
3,83372
Interest Invested Funds - 3rd Qtr 2001
10/17/01
Health Comp
37854
Weekly claims 10/12
10/22/01
Federal Reserve
15000
Employee Savings Bonds EE
10/22/01
Federal Reserve
45000
Employee Savings Bonds 1
10/25/01
Employment Development
37,063 09
State Taxes PR 09
10/25/01
IRS
183,452 79
Federal Taxes PR 09
10/25/01
Health Comp
1,60307
Weekly claims 10/19
10/6- 10/26101
Workers Comp Activity
37,469 13
SCRMA checks issued
1,447,204 89
DATE OF RATIFICATION. 11/07/01
TOTAL PAYMENTS BY WIRE: 1,447,204.89
Certified as to the accuracy of the wire transfers by
Deputy Treasurer p ^ , I'D a q /" j
Date
Finance Director /i% /GwYLC / 1012-i I,-1,1
Date
City Manager � "r ,�
��� Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
039
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 16, 2001 - 5:00 P.M.
5:00 PM Session
CALL TO ORDER - Mayor ProTem Jacobs at 5 00 P M
ROLL CALL
Mayor Gordon
- Present arrived at 5 05 P M
Mayor ProTem Jacobs
- Present
Council Member Gaines
- Present
Council Member McDowell
- Present
Council Member Wernick
- Present
City Attorney, Mark Hensley announced that an item should be added to the agenda,
per Government Code Section 54957, confer with the Chief of Police to address security
items related to terrorist attacks
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to add this item
to the agenda MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR
PROTEM JACOBS, COUNCIL MEMEBERS GAINES, MCDOWELL AND WERNICK. NOES:
NONE. ABSENT MAYOR GORDON. 4/0/1
CLOSED SESSION:
The City Council moved 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))
1 El Segundo v James Van Loben Sels, et al , LASC Case No BS051651
2 El Segundo v South Bay Regional Public Communication Authority, LASC Case No
YC040688
3 Glover v City of El Segundo, LASC No. YC039465
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -2- potential case (no further
public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c)
-3- matters
DISCUSSION OF PERSONNEL MATTERS- (Gov't Code §54957) - None
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) - None.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR — (Gov't Code §54956 8) - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
4 P"" 0
Council moved into open session
7:00 PM Session
CALL TO ORDER - Mayor Gordon at 7 00 P M
INVOCATION - Pastor Dennis Estill of El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE - Council Member Nancy Wernick
PRESENTATIONS —
(a) Council Member McDowell presented a Proclamation to Lee Ostendorf proclaiming
Wednesday, October 31, 2001, from 4 00 p m to 8 00 p m , as Halloween Frolic in
Downtown El Segundo, on Main Street from Grand Avenue to Pine, and inviting the
entire community to participate in this annual fun family event.
(b) Council Member Gaines presented a Proclamation declaring the week of October 21"
through October 27, 2001, as RED RIBBON WEEK in El Segundo to Officer Skipper
and the children representing each school
(c) Mayor Gordon presented Proclamations to the Local South Bay Firefighters who
participated with their fellow officers in the New York Fire and Police Department, at
ground zero during the 911 disasters in New York City
ROLL CALL
Mayor Gordon
- Present
Mayor ProTem Jacobs
- Present
Council Member Gaines
- Present
Council Member McDowell
- Present
Council Member Wernick
- Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the
City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor
and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda The Council will respond to comments after
Public Communications is closed
Presentation by West Basin Municipal Water District Director Ed Little and staff, of large
"carved" pumpkin to the City Council and inviting the community to the Water Harvest
2001 to be held at the West Basin Water Recycling Facility, on Saturday, October 27,
2001, from 1000 am to200pm
2 Request of Krissy McKenney, et al, to ban /limit the practice of tethering in El Segundo
3 Peggy Tyrell, resident, spoke regarding the proposed campaign ordinance
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 2
1-141
4 Brian Crowley, resident, spoke regarding the proposed campaign ordinance
5 Liz Garnholz, resident, spoke regarding New Business, Agenda Item Number 16 She
also spoke regarding the Combined Recreation & Parks /Council Meeting
6, Dannielle Watkins, resident, spoke regarding the practice of tethering
7 Anita Santagelo spoke regarding the practice of tethering
8 Bill Winger, resident & on behalf of Kilroy Corporation, spoke regarding the circulation
element
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 Wernick to read all
ordinances and resolutions on this Agenda by title only MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS - NONE
C. UNFINISHED BUSINESS
1 Introduction of an Ordinance of the City Council amending Title 6 of the El Segundo
Municipal Code in its entirety regarding Animal Control regulations
City Attorney Mark Hensley gave a brief staff report
City Attorney read by title only
ORDINANCE NO 1340
AN ORDINANCE AMENDING TITLE 6 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS
ENTIRETY REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY'S
JURISDICTION
Council Member Gaines introduced Ordinance No 1340
2 Introduction of an Ordinance of the City Council amending Chapter 9 to Title 1 of the
El Segundo Municipal Code regarding Campaign Contributions and Disclosures for
local elections
City Attorney Mark Hensley gave a brief report
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 3
042
1 -9 -4 shall be amended "For local elections, candidates, elected officers, controlled
committees, and committees will include the information required by Government Code
84211 regarding all person contributing $25 00 or more to a campaign in campaign
statement "
City Attorney Mark Hensley read by title only.
ORDINANCE NO 1341
AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 9 IN TITLE 1 OF THE EL SEGUNDO
MUNICIPAL CODE ENTITLED "CAMPAIGN CONTRIBUTIONS"
Mayor Gordon Introduced Ordinance No 1341 with the amendment that contribution
disclosures begin with $25.00 and above.
Report from Circulation Element Task Force (Environmental Assessment No 454)
MOVED by Council Member McDowell, SECONDED by Mayor Gordon to begin the process
again with a new consultant to revise the Circulation Element of the General Plan Direct
staff to begin the process MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE
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
4 Approved Warrant Numbers 2520400 on Register No 2520728 in total amount of
$629,023.59, and Wire Transfers from 9122101 through 10/05/01 in the amount of
$319,832 20 Authorized staff to release ratifies payroll and employee benefit
checks
Approved City Council meeting minutes of October 2, 2001
PULLED FOR DISCUSSION BY COUNCIL MEMEMBER GAINES
Approved request to purchase M26 Advanced Tasers from Taser International to
replace the current ineffective and outdated Taser equipment for an amount not to
exceed $14,000 as budgeted in the Equipment Replacement Fund
PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES
9. Approved Change Order No. 1 to Belaire -West Landscape, Inc., Contract 2920, for
Washington Park Improvements — Approved Capital Improvement Project — Public
Works Project No PW 01 -02 (change order amount $28,600)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 4
043
10 Approved Agreement No 2936 with Advanced Applied Engineering (AAE) to provide
public works engineering consultant services on an as needed basis at the rate of
$90 00 per hour (budgeted amount $150,000) Authorized the City Manager to
execute the Standard Professional Services Agreement with Advanced Applied
Engineer.
11. Approved filing of grant application, and adopted Resolution No 4228 for the
consideration of a Second California Defense Retention Grant Program Application
to the State of California — Technology, Trade and Commerce Agency
12. Authorized staff to solicit a Request for Proposal from qualified consultants for
preparation of a Specific Plan and Environmental Impact Report for the Los Angeles
Air Force Base (LAAFB)
13. Awarded Contract No 2937 to Martin & Chapman Co for Election Services for the
General Municipal Election, April 9, 2002 (Contract amount not to exceed $30,000)
Authorize the City Manager to execute and approve the standard Professional
Services Agreement.
14 Approved the Examination plans for the Personnel Merit System job classifications of
Utilities Manager, Pool Manager, Water Supervisor, Program Coordinator and
Equipment Mechanic 1
15 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve
Consent items 4, 5, 7, 9, 10, 11, 12, 13, and 14 MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
6 Authorization to issue a purchase order to Progressive Solutions for FY 2001 -2002
for business license software support, and approve Amended Software Maintenance
Agreement until October 1, 2006
7. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to
authorize the issue of a purchase order to Progressive Solutions for FY 2001 -2002
for business license software support and approve Amended Software Maintenance
Agreement No 2774A until October 1, 2006 MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
8 Adoption of specifications for the purchase of two (2) portable Industrial generators to
be Installed on trailers (estimated cost = $68,000
MOVED by Council Member Gaines, SECONDED by Council Member Wernick to adopt
specifications for the purchase of two (2) portable Industrial generators to be Installed on
trailers (estimated cost = $68,000) and authorized staff to advertise the project for receipt of
equipment bids MOTIONS PASSED BY UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 5
Ay (44
15 Second reading and adoption of an Ordinance of the City Council adding Chapter 6A
to Title 5 of the El Segundo Municipal Code to regulate tobacco product sales within
the City of El Segundo
City Attorney Mark Hensley read by title only
ORDINANCE NO 1339
AN ORDINANCE ADDING CHAPTER 6A TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL
CODE TO REGULATE TOBACCO PRODUCT SALES WITHIN THE CITY OF EL
SEGUNDO
MOVED by Council Member Wernick, SECONDED by Mayor Gordon to adopt Ordinance
No 1339 adding Chapter 6A to Title 5 of the El Segundo Municipal Code to regulate
tobacco product sales within the City of El Segundo MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510
MOVED by Council Member Wernick, SECONDED by Mayor Gordon to reconsider consent
agenda item number 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
Approve Change Order No 1 to Belaire -West Landscape, Inc Contract No 2920, for
Washington Park Improvements — Approved Capital Improvement Project — Public
Works Project No PW 01 -02 (change order amount $28,600)
MOVED by Council Member Wernick, SECONDED by Council Mayor ProTem Jacobs to approve
Change Order No 1 to Belaire -West Landscape, Inc, for Washington Park Improvements —
Approved Capital Improvement Project — Public Works Project No PW 01 -02 (change order
amount $28,600) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 6
045
F. NEW BUSINESS —
16 Approval of Sixty (60) Day Interim Agreements with Cassidy Associates, The MMW
Group and Urban Dimensions for work related to the City's efforts regarding the Los
Angeles International Airport (LAX) Master Plan
Council Member McDowell Not - Participating due to a possible conflict of interest
MOVED by Mayor Gordon, SECONDED by Mayor ProTem Jacobs to approve a sixty (60) day
interim Agreement No. 2640D with Cassidy Associates, Agreement No. 2938 with The MMW
Group and Agreement No 2939 Urban Dimensions for work related to the City's efforts regarding
the Los Angeles International Airport (LAX) Master Plan Authorize the Mayor to execute the
agreement, effective October 1, 2001 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER MCDOWELL NOT PARTICIPATING.
G. REPORTS - CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
H REPORTS - CITY CLERK —
17 Announcement reminding Council and the public that due to the Statewide election
being held on Tuesday, November 6, 2001, the next regular meeting of the City
Council will be held on Wednesday, November 7, 2001
J. REPORTS - CITY TREASURER - NONE
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell - NONE
Council Member Gaines - Spoke regarding the MAX meeting He requested to agendize
the City to fund a trip to New York to present the funds raised at the pancake breakfast to
the New Your firefighters widows and children's fund
17 Resolution to withdraw from the Southern California Cities Consortium ( "SCCC ")
Joint Powers Agency (SCCC ") and Resolution to loin the newly established South
Bay Cities Standing Committee on Energy ( "SBCSCE ")
Postponed the Resolution withdrawing the City from the Southern California Cities Consortium
Joint Powers Agency ( "SCCC ")
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt
Resolution No. 4229 joining the South Bay Cities standing committee on energy ( "SBCSCE ") and
to appoint John Gaines as a delegate and Mike Gordon as an alternate MOTION PASSED BY
UNANIMOUS VOICE VOTE. 510.
Council Member Wernick - Spoke regarding the LAWA advisory meeting and the security
at the Airport
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
PAGE NO 7
,, 046
Mayor Pro Tern Jacobs - Announced that the historical display of pictures are now up in
the hall way of City Hall
Mayor Gordon - Spoke regarding Pacific Theaters, the Freedom Park Dedication, and
disaster prepardness
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 While all comments are welcome, the Brown Act does not allow Council to take action on
any item not on the agenda The Council will respond to comments after Public Communications
is closed.
Liz Garnholz, resident, spoke regarding the special joint meeting
MEMORIALS - Adjournment in memory of Laurie Neira, a victim of Flight 11 out of Boston,
September 11, 2001, and Andrea Romono and Marian Seaman
CLOSED SESSION - NONE
ADJOURNMENT at 9 45 P M
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2001
0 VENO 8
SPECIAL JOINT MEETING OF THE EL SEGUNDO CITY COUNCIL
RECREATION & PARKS COMMISSION
THURSDAY, OCTOBER 18, 2001 - 6:30 P.M.
400 So. Sepulveda Boulevard, El Segundo, California
CALL TO ORDER - Mayor Mike Gordon
CALL TO ORDER - Chairman William McCaverty
PLEDGE OF ALLEGIANCE - Council member, Nancy Wernick
ROLL CALL- Mayor Gordon
Mayor Gordon
- Present
Mayor Pro Tem Jacobs
- Present
Council Member Gaines
- Present
Council Member McDowell
- Present
Council Member Wermck
- Present
ROLL CALL- Chairman McCaverty
Chairman McCaverty -
Present
Vice Chair Bundy -
Present
Commissioner Glynn -Rich -
Present
Commissioner Killmger -
Present
Commissioner Randall -
Excused absence
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and
employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a
misdemeanor and punishable by a fine of $150
Liz Garnholz - Questioned location of meeting, city code and taping
Carl Jacobson - Interest in discussing Camp Eucalyptus
A. CITY COUNCIL /RECREATION & PARKS COMMISSION WORKSHOP
1 Projects and Programs of mutual concern
Discussion was held regarding upcoming projects and procedures
ADJOURNMENT at 9 10 P M
Judy Andoe, Clerk Pro Tem
20011TIE641
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent
AGENDA DESCRIPTION:
Authorize staff to continue to purchase medical supplies from single source vendor, PMX
Medical Fiscal Impact Not to exceed $25,000
RECOMMENDED COUNCIL ACTION-
Authorize issuance of a blanket purchase order to PMX Medical for FY 2001 -2002 for medical
supplies
BACKGROUND AND DISCUSSION:
The El Segundo Fire Department has been purchasing and storing medical supplies since
1998, as mandated by the County of Los Angeles, Department of Health Services. Since
1998, the Fire Department has been utilizing an opportunity to "piggyback' their ordering of
supplies from PMX Medical with the City of Santa Clara to take advantage of pricing and
terms. PMX Medical has been consistently delivering high quality medical supplies within five
days after orders are placed. In addition to favorable pricing and timely deliveries, PMX also
offers a 3% discount for invoices paid within 30 days. Therefore, the Fire Department is
recommending that we continue to purchase our medical supplies from PMX Medical for the
2001 -2002 fiscal year.
ATTACHED SUPPORTING DOCUMENTS:
1. Santa Clara Contract Purchase Order #A152845
FISCAL IMPACT:
Operating Budget: Yes
Amount Requested: $25,000
Account Number; 001 - 400 - 3203 -5204
Project Phase:
Appropriation Required: No
ORIGINATED: DATE: Iola IF 0/
Chief
BY-
/ eZ
Ci
�49
'_0/25/2961 16 _4 1P582746966 VICKV MILLER
Oct -22 -01 11 :06P PMX MEDICAL 926-855 -1309
PURCHASE
CITY OF SANTA CLARA ORDER
777 DENTON STREET
SANTA CL ARA, CA 70050
ATTNt FIRE
1 P4
1
19,1
SAN ('A C'LARA
RMX MEDICAL Purchasing
231 MARKET PLACE, M'a93 (408) 815 -2020
SAN RAMON, CA 94383 -3743 Acmirits Payable
(408) 615.2388
NUUn NUMBEn T IPHMS /,n EIOMT Q"IVCw RE0I11AI -7)
00063DI F.O.R. - DEST,
PAGE 62
P.02
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10/05/01
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EXPENDABLE EMERGENCY MEDICAL
40000.0000
40.000.(.
SUPPLIES FY 2001/2002 PER
ATTACHED LIST.
ALL PRICES MUST DE GUARANTEED
56PT. 1, 20o1 - SEPT, 30, 2009
DO NO INCLUDE SIMM AR ITEMS
WHEN "NO SUB" I5 SPECIFIED.
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IN UNIT PRICING.
nVERNIGNT DELIYFMY MAY PE
REOVIRED IN EMERGENCY
SITUATIONS} COST TO RE BURNS'
BY FIRE DEPARTMENT.
ORDERS WILL BE FAXED AS
SUPPLIES ARE NEEDED,
TERn5t 3% - 30 DAYS
BY =DB
But' °total
401400.t
Sales Tas
3i.00.0
0I TO OUT - OF - STATE VENDORS
TOTAL.
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Y:
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING' Consent Calendar
AGENDA DESCRIPTION-
Consideration of an extension option for a period to two years in the existing
Professional Service Agreement with Southern California Risk Management
Associations to serve as the third -party administrator for the City's self- insured
Workers' Compensation Program.
RECOMMENDED COUNCIL ACTION
Authorize City Manager to execute extension option for a period of two years in
the existing Professional Services Agreement with Southern California Risk
Management Associates
BACKGROUND & DISCUSSION
- Please refer to attachment -
ATTACHED SUPPORTING DOCUMENTS
Scope of Services, "Exhibit A" and Cost of Services, "Exhibit B"
9Y9e101dd:7SOIn
Operating Budget
Amount Requested.
Account Number:
Project Phase-
Appropriation required.
FY 2001/02
$81,900
603 -400- 2321 -6214
ORIGINATED*
1
Bob Hyland, Human Re urces Manager
/,�� /v
Bret M Plumlee, Finance Director
REVIEWED BY.
�
Mary Str City Manager
Agenda382
DATE,
10-30 -0/
/" J'/
10/30/01 10 02 AM
051
Background and Discussion (continued)
November 7, 2001
Page 2
In December 1999, following a formal Request for Proposal process, City
Council approved a Professional Services Agreement with Southern California
Risk Management Associates to serve as the third -party administrator for the
City's self - insured Workers' Compensation Program The original term of the
agreement was from January 1, 1999 through December 31, 2001, with an
option for an additional two years renewal and with terms of the original
agreement being unchanged
Based on its long- standing experience serving as the City's third -party
administrator, the familiarity of the claims examination staff with the City of El
Segundo, and its fixed price costs, adjusted by CPI, not to exceed 5 %, as
outlined in "Exhibit B" attached, it is recommended that Council authorize the City
Manager to execute the extension option for a period of two years, from 1/1/02 —
12/31 /03
10/31/019 02 AM 052
L/ 1; 13 . , ,
EXHIBIT "A"
The City will require the following general services from the selected Administrator
Preparation of the Public Entities Self- Insurers Annual Report as required by the
Department of Industrial Relations, Self- Insurance Plans, to be submitted to the City
no later than 30 days prior to the due date
2. Forms- All printed workers' compensation forms which the City may require, printed
checks for checking account, and stamped window envelopes for mailing of all
workers' compensation checks and correspondence
3 A monthly summary of the workers' compensation checking account, listing all
checks, vouchers, voided checks, in numerical sequence, stating date issued, claim
number, claimant name, payee, amount, type of benefit paid, and benefit period
4 Computer Loss Runs Two copies of a monthly computer - produced claims report
and management summary will be required by the Human Resources Department
no later than the 10th of the following month with a suggested format as follows
A management summary (loss analysis) of all pending claims, report of all claims
by fiscal year, current month new claims, closed claims, all claims by date of injury
by fiscal year, all claims by payment type; all active claims, alpha order, all claims
with payment in current month with payment detail in alpha order, all litigated claims
referenced by defense firm Formats other than described above will be considered
in negotiation of the contract
If necessary, notification to all employees and providers of services of the change
in workers' compensation claims administrator by the City This notification shall
include a statement indicating that all outstanding billings on any City claim should
be submitted to the new administrator for processing The providers of services
shall also be furnished with file folder labels imprinted with the new Administrator's
name and address for use in the reporting and billing information
INSURANCE REQUIREMENTS-
All insurance policies used to satisfy these requirements shall be issued by insurers
authorized to do business in the State of California Insurers shall have a current A M
Best s rating of not less than A -.VII unless otherwise approved by the City
Additional Requirements
The procuring of required policies of insurance shall not be construed to limit
Administrators liability hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto The City shall notify Administrator in
writing of changes in the insurance requirements If Administrator does not deposit copies
of acceptable insurance policies with the City incorporating such changes within sixty (60)
days of receipt of such notice, Administrator shall be deemed in default hereunder
053
7
Any deductibles or self - insured retentions must be declared to and approved by the City
Any deductible exceeding an amount acceptable to the City shall be subject to the
following changes, either the insurer shall reduce or eliminate such deductibles or self -
insured retentions with respect to the City and its officials, employees and agents (with
additional premium, if any to be paid by Administrator); or Administrator shall provide
satisfactory financial guarantee for payment of losses and related investigations, claim
administration and defense expenses.
Verification of Compliance
Administrator shall furnish the city with original endorsements effecting coverage required
by this clause The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf All endorsements are to be received and approved by the
City before work commences. Not less than fifteen (15) days prior to the expiration date
of any policy of insurance required by this section, Administrator shall deliver to City a
binder or certificate of insurance with respect to each renewal policy, bearing a notation
evidencing payment of the premium therefore, or accompanied by other proof of payment
satisfactory to City
AUDIT:
The City, at their option, shall have the right to have a claims audit performed on a random
selection of files once yearly The audit will be generally directed to the following areas
Compliance with contractual and fiduciary obligations,
2 Compliance with the City's performance standards,
3 Application of all current W C.A B rules and regulations and case law,
Accuracy of computer loss runs and records
CASE FILE REVIEW:
A quarterly meeting shall be held between the administrator and Human Resources
Department Staff This review will be primarily directed to the evaluation of open indemnity
claims including litigated cases The purpose of the review shall be to outline losses and
identify problems, examine reserves, identify current trends, discuss changes in the Labor
Code, apply new case law to existing claims, discuss the need for improving or altering
claims management, and to make recommendations for improvement to communication
between the claims administrator and the City
PERIODIC MEETINGS: The Administrator shall meet with City staff periodically (at least
4 times) per year to
A) Assist the City in developing and modifying internal procedures
B) Provide orientation and training to City personnel involved in the
administration of the Program
P54
C) Discuss general trends in the Workers Compensation Program,
ADVISORY SERVICES The Administrator shall provide written bulletins to inform
the City of the adoption, amendment or repeal of all statutes, rules and regulations which
directly affect the Program.
REQUIRED FORMS: The Administrator shall administer the Program in full
compliance with all laws, rules and regulations governing Worker's Compensation and self -
insurance
COMPLIANCE WITH LAW The Administrator shall provide the City with all forms
required by the State in connection with the Program.
CLAIMS ADMINISTRATION- The Administrator shall have the authority and
responsibility to provide claims administration services which include
A) Entering claim information on a log and establishing a claim file upon receipt of an
injury report
B) Setting and updating reserves
C) Coordinating the investigation of claims,
D) Determining compensability.
E) Preparing and issuing benefit notices and pamphlets,
F) Arranging for medical treatment from specialists, as necessary
G) Initiating and maintaining contact with employees or their attorneys
H) Monitoring disability status by reviewing medical reports and calling doctors for
updates
1) Auditing and paying medical bills
J) Paying mileage reimbursement to employees
K) Paying temporary disability compensation when appropriate to do so or advising the
City of the need to adjust payroll records when salary continuation is applicable,
L) Arranging medical examinations in conformance with State law to determine
whether an employee's medical condition is permanent and stationary and what, if
any, permanent disability exists
M) Paying permanent disability compensation in accordance with the law
N) Arranging representation for the City, whenever the need arises, with attorneys
selected by the City
h 0519
Z746 .
O) Monitoring attorneys and assisting them in preparing cases
P) Auditing and paying legal expenses
Q) Arranging for vocational rehabilitation services when appropriate
R) Monitoring vocational rehabilitation consultants and assisting them as necessary
S) Auditing and paying vocational rehabilitation expenses.
T) Attending all hearings that are required by law
u) Preparing and issuing vocational rehabilitation notices
V) Preparing and issuing permanent disability compensation notices
W) Pursuing subrogation when there is a viable third party
X) Timely notifying the City's excess insurers of all claims which exceed or may exceed
the City's self - insurance retention (currently $300,000), maintaining liaison between
the City and its excess insurer on matters affecting the handling of such claims and
arranging for reimbursement to the City of losses in excess of its self - insurance
retention
Y) Obtaining settlement authority and negotiating settlement on appropriate claims
Z) Closing claim files when appropriate to do so
OBLIGATIONS OF EMPLOYER: The City Shall
A) Submit all reports of work injury to the Administrator within one day of the City's
knowledge of the injury
B) Respond to the Administrator's requests for information and authority within five
days of such requests
C) Provide information that )s accurate and is in a form specified by the Administrator.
D) Grant settlement authority to the Administrator in advance of vocational
rehabilitation and legal hearings or be available by phone or in person during those
hearings
CHECKING ACCOUNT: The City and Administrator agree that
A) The City shall establish a checking account from which all Workers' Compensation
benefits and expenses are to be paid
B) The Administrator shall prepare checks and issue those checks directly to payees
without delay
0 5 G
C) The Administrator shall sign checks with a facsimile check signing machine
D) The Administrator shall secure both checks and check signer in a locked room
accessible to a limited number of personnel
E) The City shall maintain an adequate balance in the checking account to meet all
Workers' Compensation obligations without delay
F) The administrator shall order the checks
G) The checking account may be used to pay civil penalties imposed on the City in
which case the Administrator shall reimburse the City within fifteen days for any
amount of the penalty which the Administrator caused
REGULATORY REPORTING: The Administrator shall prepare all reports required by
State regulatory agencies in connection with the Program, including the Self- Insurer's
Annual Report required by the Department of Self- insurance Plans
RECORDS: The Administrator shall establish and maintain claim files, claim logs,
transaction documents and ail other records associated with the Program These records
shall be the property of the City and shall be available, on five (5) days notice, for review
or for transfer to another custodian Unless this Agreement is canceled, closed files shall
be stored by the Administrator for five (5) years and shall thereafter become the
responsibility of the City Upon cancellation of this Agreement, the City shall be
responsible for maintaining and storing all records The Administrator shall not dispose of
or destroy these records without the prior, written authorization of the City
CONSIDERATION: The City shall pay the Administrator quarterly for services rendered
under this Agreement
ALLOCATED EXPENSES: The City shall pay for check printing, field investigation,
defense attorneys, legal costs, remote photocopy, engineering experts, accident
reconstruction experts, process service, messenger service, court reports, vocational
rehabilitation consultants, structured settlement consultants, translators and related items
PENALTIES: The Administrator shall be responsible for paying penalties unless the
penalty results from the City's failure to
A Provide an Employee Claim Form to an inured employee within 24 hours of
knowledge of the injury
B Date stamp the returned Employee Claim Form
C Provide an Employer's First Report of Work Injury to the Administrator within five
days from the date of knowledge of any injury
D Provide a wage statement within ten days from the date of knowledge of an injury
where the employee is entitled to less than the maximum temporary disability rate
E Provide information requested by the Administrator within a timely manner
�5"
F Provide accurate information to the Administrator.
G The Administrator shall also be responsible for appealing penalties due to the
City's failure to comply with the above guidelines
INDEMNIFICATION: The Administrator shall indemnify, hold harmless and defend
the City from all claims, legal actions, losses, expenses, injuries or damages arising out
of the Administrator's actual or alleged negligence or intentional wrongdoing incident to
the performance of this Agreement, except when such claims, legal actions, losses,
expenses, injuries or damages are due to the sole negligence of the City, its officers,
agents or employees
LN- SUEANCE: The Administrator shall
A Maintain in force at all times General Commercial and Auto Liability as well as
Errors and Omissions Insurance in the amount of One Million ($1,000,000)
Dollars per occurrence, combined single limit
B Maintain in force at all times a Fidelity Bond in the amount of One Million
(51,000,000) Dollars
C Maintain in force at all times Workers' Compensation Insurance for all employees
of the Administrator, as required by law
RWI• • ;•
The term of the contract shall be for a period of three (3) years, commencing January 1,
1999 The contract may be renewed under the same terms and conditions for a period
two (2) additional years upon mutual consent of both parties The contract shall be
subject to a sixty (60) day cancellation notice in the formal agreement
05R
EXHIBIT "B"
SCHEDULE OF COMPENSATION FOR SERVICES PROVIDED
Year 1 - $39,000
Year 2 - CPI, not to exceed 5%
Year 3 - CPI, not to exceed 5%
* Year 4 - CPI, not to exceed 5%
* Year 5 - CPI, not to exceed 5%
* The final two (2) years of the agreement are optional upon mutual
consent of both parties. If the contract is renewed for the final two (2)
years, the terms would remain unchanged.
05,9
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION Request by the El Segundo Chamber of Commerce for City support
and sponsorship for the 38th Annual Holiday Parade on Sunday, December 9, 2001 from 2 00
p m to 4 00 p m and Tree Lighting at the Civic Center Plaza on Thursday, December 6, 2001
from 415 to 530 pm
RECOMMENDED COUNCIL ACTION- Approve request, provided the events meet all applicable City
requirements
BACKGROUND R DISCUSSION. For many years, the Chamber of Commerce has held holiday
events including a Parade and Tree Lighting ceremony. The City has supported these events
by providing equipment and traffic control The Chamber this year has asked for the same
level of City support and service as last year The services requested from the City include
traffic control and monitoring of the parade route, posting street closures, barricades and
equipment forthe Grandstand, PA system for both the parade and tree lighting ceremony, and
various specific equipment forthe tree lighting ceremony, as well as arrangements for special
trash collection In addition, the Chamber has requested that City permit fees be waived for
both events
No police services will be required for the Tree Lighting event The R S V P.s will handle
crowd control at that event. Staff support for the Parade will include from the Police
Department, a Traffic Sergeant, three motor officers, two cadets, R S.V P s and additional
officers as needed The Street Department will need to provide personnel, a sweeper and
barricade removal on the day of the event During the workweek prior to both events, the
Street Department will perform such tasks as posting street closures, barricade placement,
and stage delivery The Recreation & Parks Department will also provide personnel for both
events, including cable television coverage, a sound technician, shuttle van and related
equipment As in the past, the FY 2001 -2002 budget has included provision for City expenses
in connection with these events
ATTACHED SUPPORTING DOCUMENTS: Letter from Chamber Director (see item #d under Public
Communications)
FISCAL IMPACT
Operating Budget.
Amount Requested*
Account Number,
Project Phase:
Appropriation Reawred Yes No X
ORIGINATED- a. eA ate_ DATE: October 22, 2001
Julia Abreu- Mason, Executive Assistant
REVIEWED BY. DATE- October 22, 2001
Mary enn, City Manager
/"'d/
loa Coma)Agmd \I IWOIHoh&yParade Request
060
EL SEGUNDO CITY COUNCIL MEETING DATE. November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION*
Request by Chairperson of Candy Cane Lane, for the same level of City assistance on their
December 8 -22, 2001 program in the 1200 block of Acacia Avenue as in previous years
RECOMMENDED COUNCIL ACTION,
Approve request, provided that all necessary permit applications are submitted, including
sound amplification permits, and project meets applicable City requirements
BACKGROUND & DISCUSSION-
For many years, the residents of the 1200 block of Acacia Avenue have promoted and
decorated the area, naming it "Candy Cane Lane' for the holiday season This year's program
will be scheduled for December 8 -22, 2001. The program has become so popular in the
community, that the City's assistance has been required in arranging for a fire truck for Santa
and volunteer Police for the opening night, street barricades, street closure, streetlights to be
turned off, and snow The cost of the program to the City for the snow is minimal and has
been included in the FY 2001 -2002 budget
ATTACHED SUPPORTING DOCUMENTS.
Letter from Chairperson of Candy Cane Lane (see item #e — Public Communications)
Memorandum from Police, Fire, Public Works and Recreation & Parks Departments
FISCAL IMPACT $169.00
Operating Budget*
Amount Requested.
Account Number
Project Phase-
Appropriation Required Yes _ No X
ORIGINATED e`• 6C4AZ_. DATE October 22, 2001
Julia Abreu- Mason, Executive Assistant
REVIEWED BY: n DATE. October 22, 2001
Manager
•
loa Council Agmdaa \110701 Candy Cane Lane Com uee RequMt
061
City of El Segundo
Inter - Departmental Correspondence
Date: October 29, 2001
To: Mary Strenn, City Manager
From: Jack Wayt , Police Chief
Norm Angelo, Fire Chief
Andres Santamaria, Director of Public Works
Greg Johnson, Director of Recreation & Parks
Subject: Candy Cane Lane
Gale Segers, Chairperson for Candy Cane Lane, is requesting the services of the City of El
Segundo for Candy Cane Lane's Christmas Program events on Saturday, December 8, 2001
The services requested and cost incurred by city are listed below
Department Services Description Cost
Police Department — None required $0
RSVP (Volunteer Police) 1830 — 1930 Hours $0
Fire Department Pick -up /drop -off Santa Claus $0
Public Works — 2 street barricade set -ups $100
Street Division 6 orange poles
Recreation & Parks — "Snow" — white batting material $69
Parks Division
r62
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent
AGENDA DESCRIPTION*
Authorize sending one Police Officer and one Firefighter to New York City to deliver funds
donated by the community in response to the Pancake Breakfast Fiscal impact $1,730 00.
RECOMMENDED COUNCIL ACTION:
Authorize staff to proceed with travel arrangements to send representatives to New York City
BACKGROUND AND DISCUSSION:
On October 6, 2001, the Police and Fire Departments held a Pancake Breakfast to raise funds
to support the relief effort for the Fire and Police Departments of New York City after the
September 11, 2001 terrorist attack The community overwhelming supported the event
Over $30,000 was raised through donations and the sale of tee shirts and hats.
Councilman Gaines had requested research on the potential of sending one each
representative from the Fire and Police Departments to represent the City delivering the funds
to New York City and to share pictures of the community pancake breakfast and City's
support The anticipated cost of the trip would be $1,730 00. The estimated breakdown is as
follow Hotel — 3 nights $250 = $750; Airfare - $250 round trip (2) = $500, Meals and
miscellaneous public transportation — up to $480. Every effort will be made to ensure the
lowest possible rates on all aspects of the travel.
Council felt the trip to New York would be a fitting culmination to the community's heartfelt
effort to support the Fire and Police Departments of New York City as a gesture to help in
coping with their losses.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget:
Yes
Amount Requested.
$1,730
Account Number:
001 - 400 - 3202 -6223 & 001- 400 - 3101 -6213
Project Phase:
Appropriation Required:
No
ORIGINATED: DATE_
M
063 (�
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda
AGENDA DESCRIPTION
Award of contract to Flo- Systems, Inc , for pump replacement at Storm Water Pump
Station No 17 (1015 East Imperial Avenue) — Project No PW 01 -07 - Approved Capital
Improvement Project - (contract amount = $33,876 00).
RECOMMENDED COUNCIL ACTION.
Award contract to the lowest responsible bidder, Flo- Systems, Inc , in the amount
of $33,876 00)
Authorize the City Manager to sign the standard public works construction
agreement after approval as to form by the City Attorney
BACKGROUND AND DISCUSSION
The City Council on August 7, 2001, adopted plans and specifications for replacement
of the existing sump pump at Storm Water Pump Station No 17, and authorized staff to
advertise the project for receipt of construction bids
On October 9, 2001, the City Clerk received and opened the bids
Staff recommends award of contract to the lowest responsible bidder, Flo- Systems, Inc
Flo- Systems, Inc , has previously completed similar projects for the City
ATTACHED SUPPORTING DOCUMENTS'
Bid results
Location map
FISCAL IMPACT.
Capital Improvement Project, $45,00000
Amount Requested $33,87600
Account Number 301- 400 - 8205 -8920
Project Phase: Award of contract
Appropriation Required No
ORIGINATED BY. _ Date,
ag 'd5z'4t,a = `" nr.T 3 0 7XIt
PW- COUNCIL 11 \NOVEMBER 07 01 fiue day 10/30/01 10 00 AM) 10
0 b11
BID RESULTS
Flo- Systems, Inc
Castillo Western Industrial Constructors
Atlas - Allied, Inc
$33,87600
$44,86200
$52,23900
PW- COUNCIL 11 \NOVEMBER 0 01 (Tuesday 10/30/01 1000 AM) 065
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SAN 01 o FLY I III
CITY OF NAWTNORNE FWT LOS ANGELES COUNTYI m 'N 066
w
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION.
MEETING DATE November 7, 2001
AGENDA HEADING: Consent Agenda
Acceptance of work for the rehabilitation of Sanitary Sewer Pump Station No 13 —
Approved Capital Improvement Project - Project No PW 00 -1A (final contract amount =
$365,699 73)
RECOMMENDED COUNCIL ACTION.
Approve Change Order No 1 in the amount of $5,799 73
2 Accept the work as complete
3 Authorize the City Clerk to file the City
County Recorder's Office
BACKGROUND AND DISCUSSION:
Engineer's Notice of Completion in the
The contract amount for the refurbishment of Sanitary Sewer Pump Station No 13 is
$359,900 00 Additionally, during construction staff authorized extra work not included
in the original scope of the contract as follows
1 Sandblast and line the bottom of the wet well
2 Electrical work, including installation of two (2) additional receptacles, for remote
pump operation and a selector switch
The cost of this additional work is $5,799 73 for which Change Order No 1 is being
requested Sufficient funds are available in the project budget and no additional
appropriations are needed for this purpose
The total final contract amount, including Change Order No 1 is $365,699 73
All work has now been completed to the satisfaction of staff Staff recommends City
Council approval of Change Order No 1 and acceptance of completed work
ATTACHED SUPPORTING DOCU
Notice of Completion
FISCAL IMPACT
Capital Improvement Project
Amount Requested.
Account Number
Project Phase
Appropriation Required:
ORIGINATED BY-
Yes
$365,69973
301- 400 - 8205 -8360
Acceptance of work
No
Date
nrT `2 n �n
PW COUNCIL MNOVEMBER 07 02 (Tuesday 10/30/01 10 00 A M )
1
067
Recording Requested by
and When Recorded Mad To'
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Rehabilitation of Sanitary Sewer Pump Station No 13
Project No PW 00 -1A
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 sanitary sewer pump station
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on October 11, 2001 The work done was Rehabilitation of Sanitary
Sewer Pump Station No. 13
6 On November 6, 2001, the City Council of the City of El 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 H B Covey, 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 sanitary sewer pump station
9 The street address of said property is 1901 East Grand Avenue
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, I 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 , 2001, at El Segundo, California
Bellur K Devaraj
City Engineer
N NOTICE'S \PW 00 -1A NOC (10/18/01) 068
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION
MEETING DATE November 7, 2001
AGENDA HEADING Consent Agenda
Acceptance of Sycamore Park Irrigation System Replacement - Project No PW 00 -17 -
Approved Capital Improvement Project (final contract amount = $24,940 00)
RECOMMENDED COUNCIL ACTION
1 Accept the work as complete
2 Authorize the City Clerk to file the City Engineer's Notice of Completion in the
County Recorder's Office
BACKGROUND AND DISCUSSION.
The City Council on August 7, 2001, awarded a contract for $24,940 00 to U S
Landscapes, Inc , for the replacement of Sycamore Park irrigation system
The work included replacement of the existing non - functioning Irrigation system with a
new automatic system
The work has now been satisfactorily completed The final contract amount is
$24,94000
ATTACHED SUPPORTING DOCUMENTS-
Notice of Completion
FISCAL IMPACT
Capital Improvement Project
Amount Requested.
Account Number.
Project Phase.
Appropriation Required,
$30,00000
$24,94000
301 - 400 - 8202 -8474
Accept the work as complete
No
UMUIIVAMU CT > - uate•
Andres Santamana Director pf Public Works OCT 3 U 29Ql
REVIEWED BY Date
IkAnni Clronn R1fv KA.A.
M- COUNCIL 1 flNOVEMBER 0] 03 (Tuesday 10/30/01 10 00 A M) ■ 2
069
Recording Requested by
and When Recorded Mail To.
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Sycamore Park Irrigation System
Project No PW 00 -17
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 street right -of -way
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on October 15, 2001 The work done was Irrigation system replacement
6 On November 6, 2001, the City Council of the City of El 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 U S 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
Sycamore Park
9 The street address of said property is N/A
Dated
VERIFICATION
Bellur K Devaraj
City Engineer
I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of
the foregoing Notice of Completion, I 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 , 2001, at El Segundo, California
Bellur K Devaraj
City Engineer
N NOTICE'S \PW 00 -17 NOC (10/22/01)
(170
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION,
Proposed agreement with Ron Rakich & Associates to perform risk management
services (Fiscal Impact $65,000)
RECOMMENDED COUNCIL ACTION
Authorize City Manager to execute standard Professional Services Agreement
with Ron Rakich & Associates to perform risk management services
BACKGROUND & DISCUSSION.
In FY 1999 -2000, City Council formed an ad hoc subcommittee consisting of
Council Member McDowell, Council Member Gaines, the City Manager, City
Attorney, and Director of Finance to analyze the risk management and city
attorney functions The primary objective of the subcommittee was to analyze
ways to improve the efficiency of the risk management function in the most cost
ATTACHED SUPPORTING DOCUMENTS:
Scope of Services "Exhibit A° and Cost of Services "Exhibit B"
FISCAL IMPACT
Operating Budget
Amount Requested,
Account Number:
Project Phase.
Appropriation required
INATED•
cf '7
$65,000
$65,000
001 -400 -2501 -6214
Authorize City Manager to execute agreement
No
DATE
Bret M Plumlee, Director of Administrative Services
10 -20/ -U /
REVIEWED BY. DATE:
ary nn, City Manager
13
10/29/01 4 52 PM
071
BACKGROUND & DISCUSSION (Contd.),
effective way
At the September 4, 2001 City Council meeting, one of the actions taken by City
Council was approval of staffs recommendation of a combination in
house /contracted risk management by reclassifying an existing employee to Risk
Manager /Purchasing Agent and supplementing the in -house staff with risk
management professional services Staff issued a request for proposal on
September 12, 2001 and received only one bid in response from Ron Rakich &
Associates Staff has since met with this firm and negotiated an agreement,
which is on target with budget
Ron Rakich and Associates will perform risk management services for
approximately one year to supplement and train the in -house Risk
Manager /Purchasing Agent as outlined in the scope of services attached
10/31/01 1 40 PM
072
"EXHIBIT A"
SCOPE OF SERVICES
The Work
SCOPE OF WORK
The City has defined the scope of work it expects from the engagement We have analyzed the City's
Request for Proposal, which outlines the following specified services (rephrased)
1 Risk management training for staff
2 Assistance in developing a risk management policies and procedures manual
3 Development of pohcies /procedures for insurance analysis and administration
4 Analysis of workers' compensation administration, with recommendations
5 Analysis of liability program administration, with recommendations
6 Development of internal claims handling systems
7 Assistance in development of a team approach to workers' compensation case management
8 Assistance in developing reporting systems for claims and progress toward goals
9 Assistance in developing an internal risk management communications system
10 Facilitation of an interactive process between risk management and safety functions
We are prepared to assist the City in reaching its goals through the following work plan
Li L@J:7.11 ]U
We concur with the City's approach of using the consultant to help centralize the risk management
function and phasing out the use of professional services after a one -year period We envision intense
interaction toward the beginning of the engagement, with two of our key consultants (Ron Rakich and
George Kingston) meeting weekly with the appropriate City personnel Other speciahts in safety, loss
control and other specialties are available as needed
Once Imes of communications have been developed and strengthened and once common objectives are
agreed upon, we will gradually reduce the on -site consulting time Depending on the City's needs and
desires, while increasing the use of other communication systems including telephone, e -mail and various
forms of electronic conferencing
10
073
Our initial meeting with City management wtll be a diagnostic session to identify and clarify management
concerns and desired outcomes We would attempt to determine the usefulness of currently available
resources (eg, ICRMA grant) to contain costs for the project We also would attempt to uncover and
resolve any fundamental communication barriers in this session This session would help assure that the
engagement delivers what the City actually needs and that all involved parties (management, staff, TPA,
consultants, others) understand the scope and commit to the same desired results
At or near the same tune, we will review prior risk management and claim administration studies to
determine the findings, conclusions, and recommendations, if any, resulting from the study(ies) In our
interviews with City personnel we will determine the extent to which recommendations, if any are included
in these studies, have been implemented and which have been rejected or postponed
We will assist the City staff in the development of procedure manuals, written policies, forms, etc, to the
extent required We will produce the final documents in print -ready form However, we believe that
policies and procedures are more effective when the individuals responsible for their execution play a
major part in their development This applies to risk management manuals, claim manuals, safety manuals,
emergency* management and recovery plans and any other documents intended to guide organizational
activity Therefore, we will encourage and guide City staff participation in the development and writing of
such manuals and procedure documents
Pats of this engagement will involve trai ung for staff involved in specific activities such as claim review,
contract review (for risk transfer issues), accident investigation, claim repotting and many other activities
We will develop presentations for any such areas as needed and directed by the City Presentations will
include samples, handouts, exercises, shdeshows or any other media most appropriate to get the job done
We are experienced trainers and speakers and welcome the opportunity to organize effective presentations
for City staff
We are also experienced meeting facilitators and will apply these skills in meetings to assure that
appropriate City staff members, rather than consultants, exercise control over the various areas of risk
management This approach will be relevant for the workers' compensation "team" specified in the RFP,
and also for other ad hoc groups that may be necessary (e g, a team to develop an emergency management
or business recovery plan)
WORK SCHEDULE
The RFP states that the Administrative Services Director will assign risk management duties to the
consultant Based on our understanding of the situation we anticipate a need for an average of
approximately 10 hours of consulting time per week for the year However, this average will not be
consistent over the time period Start-up will require additional hours at the beginning of the engagement
and the participation of both consultants concurrently As the transference process takes place in which
City staff assumes expanding risk management roles, the consultants' participation will decrease in terms of
time -on -site
We are willing to comnut to a mi nmum of 433 consulting hours for this engagement Time will be
allocated between the principal consultants based on the City's needs and particular expertise of the
individual consultant. Initially, both Ron Rakich and George Kingston will pamcipate in meetings to learn
the City's workings, meet the principal staff and refine the scope of the project Based on a work plan
developed with the Admtmstratrve Services Director, we will then schedule consultant time by expertise
area, e.g, Ron Rakich for risk transfer, general risk management and risk financing and George Kingston
for claim management, TPA selection and oversight, litigation management and claim information
systems
11
P,74
Over the course of the year, total Consultant time commitment might look something like the follovnng
graph
Hours
Consultant Hours per Month
0 1 2 3 4 5 6 7 8 9 10 11 12
Month
Figure 1- Annual Consultant Tome Allocation
12
075
"EXHIBIT B"
COST OF SERVICES
Arrangements for our Service
As is the case with most management consultants, we are compensated in a variety of ways
depending on which approach best serves the client's interests Compensauon methods include
hourly rates, not -to- exceed budgets, fixed price agreements, retainers or any combination thereof
Generally, we are not compensated on a contingency basis, as we believe that in many instances this
method creates conflicts of interest and reduces objectivity
Our fee for this assignment will not exceed $65,000 for the year beginning from the date of
engagement We cover our own business expenses However, printing and delivery of documents
(other than letters and one copy of reports) and other services required beyond our usual office
expenses are the responsibility of the client We will work with the City to provide the most efficient
service by using City facilities and staff to the maximum extent possible, which will also enhance the
learning experience for City staff
If the City desires to use a monthly retainer we would suggest a stair - stepped arrangement through
which estimated time commitments determine monthly payment For example, based on the
estimated time expenditure depicted in Figure 1, the monthly retainer could be set up so that 45% of
the project fee is paid in equal installments during the first three months, 30% in the next three
months 20% in the next three months and the remainder during the last three months We would
keep track of and report hours expended on a monthly basis under this arrangement
An alternative is to bill for actual time expended on a monthly basis We would do this using a
composite hourly rate of $150, regardless of which consultant's time is required
13
0 7 G
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda
AGENDA DESCRIPTION
Agreement between the City of El Segundo and the State of California (Agreement No
07 -4575) for the Transportation Enhancement Activities (TEA -21) grant for the
landscaping of Sepulveda Boulevard within El Segundo City limits (grant amount =
$678,000 00)
RECOMMENDED COUNCIL ACTION:
Approve agreement and authorize the Mayor to execute the agreement on behalf of the
City
BACKGROUND AND DISCUSSION
The current Capital Improvement Program includes a project to install landscaping
within the median islands of Sepulveda Boulevard The total estimated cost of the
project is $766,000 00
The protect has received a State grant of $678,000 00 through the efforts of State
Assemblyman George Nakano The grant also requires a City matching contribution of
$88,000 00, which is included in the Capital Improvement budget
Caltrans has developed the enclosed agreement for execution by the City before the
protect can be implemented
ATTACHED SUPPORTING DOCUMENTS
1 Agreement
2 Location map
FISCAL IMPACT:
Capital Improvement Project.
Amount Requested.
Account Number-
Project Phase
Appropriation Required
$88,000 00 (City funds)
301 - 400 - 8203 -8636
Grant Agreement
No
ORIGINATED BY
c% Date.
l � -c2 >..rca- yr --+ti,
Andres Santamana. Director of Public Works OCT 3 02001
REVIEWED BY. — to Date
M]
PW.COUNCIL 11 \NOVEMBER 0705(Monday 10/29/011000 AM) ^ n^
11 /
DEPARTMENT OF TRANSPORTATION
DISTRICT 7 120 SO SPRING ST
LOS ANGELES CA 90012 -3606
TEL (213) 897 -0096
TOO (213) 897 -6610
FAX No (213) 897 -7642
October 23, 2001
t,
07 -LA -1 PM 23 9/25 9
Median Landscape Improvement on Sepulveda
_ Boulevard within City of El Segundo
EI" - 07279 - 219301
District Agreement No. 07 -4575
Bellur Devaral, City Engineer
City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
Dear Mr Devaraj
We are formally submitting Contribution Agreement No 4575 between the City of El Segundo and the State of
California This Agreement shall not set precedence for future projects
This Agreement package defines the term for the above - referenced project and contains five (5) original copies
Please sign all five (5) originals of the Agreement When the Agreement is executed on behalf of the CITY,
please return all five (5) signed originals of the Agreement Also, please furnish five (5) copies of the
Resolution Minutes of the Order of Decree adopted by the City Council authorizing the approval of the
Agreement Address the package to the following address
Fekade S Mesfm, Sr T.E
Office of Project Development Branch "D"
120 South Spring Street, MS 12
Los Angeles, CA 90012
Attention Mehret Werrede
After execution by the State, one (1) original copy of the fully executed Agreement will be returned for your
files If you have any further questions, please call Dennis Snyder (213) 897 -4299 or Mehret Werrede at (213)
897 -0252
Sincerely,
FEKADE S MESFIN, P E
Senior Transportation Engineer
Project Development Branch D
Attachments
cc Dennis Snyder, Project Manager
File
FSM mb
078
07 -LA -1 PM 23 9/25 9
Median Landscape Improvement on
Sepulveda Boulevard within City of
El Segundo
07279 - 219301
District Agreement No. 07 -4575
Funding Source SHOPP TEA
CONTRIBUTION AGREEMENT
THIS Agreement ENTERED INTO EFFECTIVE ON , 2001 is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as "STATE ", and the
CITY OF EL SEGUNDO, a body politic and a
municipal corporation of the State of California,
referred to herein as "CITY"
079
District Agreement 07 -4575
RECITALS
1 Pursuant to Section 14526 5 of the Government Code, and pursuant to the
California Transportation Commission, STATE has an approved State Highway
Operation and Protection Program ( SHOPP) for the expenditure of transportation
funds for mayor capital improvements Included in this SHOPP is the Transportation
Enhancement Activities (TEA -21) Program
2 One of these TEA -21 projects, SHOPP Amendment OOH -044, proposes the
construction of stamped concrete pavement and landscape planting including
irrigation along the entire length of Sepulveda Boulevard within the City of El
Segundo, referred to herein as "PROJECT"
3 CITY desires to advertise, award and administer the construction contract for
PROJECT
4 STATE desires to provide 88 53% of the eligible project costs up to the amount of
$678,000 to CITY from the STATE - managed (TEA -21) funds so that CITY may
proceed with PROJECT and CITY will bear the remainder of the PROJECT costs as
set forth herein
5 The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be constructed, financed, and maintained
SECTION I
CITY AGREES
1 To advertise, award, and administer the construction contract for PROJECT in
accordance with STATE's Local Assistance Manual Approval of STATE's financial
participation by the California Transportation Commission and the Federal Highway
Administration shall be assured prior to advertising
2 To construct PROJECT in accordance with plans and specifications prepared by
CITY to the satisfaction and approval of STATE
3 To bear all actual costs of PROJECT, (capital and support costs), including
supplemental work, change orders, contract claims paid to the construction
contractor, and cost of CITY's defense of all PROJECT - related claims, in excess of
STATE's maximum $678,000 contribution Estimated costs of PROJECT are shown
on Exhibit A, attached and made a part of this Agreement
4 To bill STATE upon completion of construction for PROJECT costs up to 88 53% of
eligible cost of PROJECT, not to exceed $678,000 for STATE's contribution towards
the costs of PROJECT
5 If any portion of the work is within the existing State highway right of way, to apply
for necessary encroachment permits in accordance with STATE's standard permit
procedures, as more specifically defined in Articles (4), (5), and (6) of Section III of
this Agreement
6 To retain or cause to be retained for audit by STATE or other government auditors
for a period of three (3) years from date of FHWA payment of final voucher, or four
(4) years from date of final payment under the contract, whichever is longer, all
records and accounts relating to construction of PROJECT
2 080
District Agreement 07 -4575
SECTION II
STATE AGREES
1 To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits
for required work within the State highway rights of way
2 To reimburse CITY within 25 days of receipt of billing from CITY, which billing will be
forwarded to STATE upon completion and acceptance of the PROJECT construction
contract by CITY, the maximum amount of $678,000 which figure represents STATE's
sole and only contribution toward the costs of PROJECT CITY may submit invoices for
eligible completed work on a monthly or quarterly basis
3 STATE's share of the PROJECT expense shall not exceed $678,000 for construction
cost, as shown on Exhibit A, attached and made a part of this Agreement
4 To provide, at no cost to CITY, a qualified representative of STATE who shall have
authority to accept or reject work and materials or to order any actions needed for
public safety or the preservation of property and to assure compliance with all
provisions of the encroachment permit(s) issued to CITY and CITY's contractor
SECTION III
IT IS MUTUALLY AGREED
1 All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of the resources by the Legislature and the allocation of resources by the
California Transportation Commission
2 Should CITY advertise a contract for PROJECT prior to the allocation of resources by
the California Transportation Commission and prior to Federal Highway Administration
approval for Federal participation, there is no guarantee of STATE's and /or Federal
participation and CITY shall assume all risks thereof
3 All applicable procedures and policies relating to the use of Federal Funds or STATE gas
tax funds shall apply notwithstanding other provisions of this Agreement
4 Construction of any portion of PROJECT which requires work within the State highway
right of way or affect STATE's facilities, shall not be commenced until an encroachment
permit authorizing such work has been issued to CITY by STATE
5 CITY shall obtain aforesaid encroachment permit through the office of State District
Permit Engineer Receipt by CITY of the approved encroachment permit shall constitute
CITY authorization from STATE to proceed with work to be performed by CITY or CITY
representatives within the State highway right of way or which affects STATE facilities,
pursuant to work covered by this Agreement CITY authorization to proceed with said
work shall be contingent upon CITY's compliance with all provisions set forth in said
encroachment permit
6 CITY's construction contractor shall also be required to obtain an encroachment permit
from STATE prior to commencing any work within the State highway right of way or
which affect STATE's facilities The application by CITY's contractor for said
encroachment permit shall be made through the office of State District Permit Engineer
and shall include proof said contractor has payment and performance surety bonds
covering construction of PROJECT
n81
District Agreement 07 -4575
7 In the construction of said work, said representatives of CITY and STATE will cooperate
and consult with each other, and all work within the State highway right of way shall be
accomplished to the satisfaction of STATE's representative
8 If existing public and /or private utilities conflict with the construction of PROJECT, or
violate STATE's encroachment policy, CITY shall make all necessary arrangements with
the owners of such utilities for their protection, relocation or removal in accordance
with STATE's policy and procedure for those facilities located within the limits of work
providing for the improvement to the State highway and in accordance with CITY's
policy and procedure for those facilities located outside of the limits of work for the
improvement to the State highway The costs of the protection, relocation, or removal
shall be apportioned between the owner of the utility facility and CITY in accordance
with STATE's policy and procedure CITY shall require any utility owner performing
relocation work in the State highway right of way to obtain a STATE encroachment
permit prior to the performance of said relocation work The requirements of the most
current version of STATE's "Policy on High and Law Risk Underground Facilities Within
Highway Rights of Way" shall be fully complied with
9 Upon completion and acceptance of the construction contract for PROJECT by CITY, to
the satisfaction of the STATE representative, CITY will retain ownership and maintain,
at its own cost and expense those portions of PROJECT lying within and outside the
State highway right of way The terms and conditions of said maintenance will be
covered by a separate Maintenance Agreement between CITY and STATE
10 Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties to this Agreement or affect the legal liability of either party to
the Agreement by imposing any standard of care with respect to the maintenance of
State highways different from the standard of care imposed by law
11 Neither STATE nor any officer thereof is responsible for any damage or liability oc-
curring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or ,jurisdiction delegated to CITY under this
Agreement It is understood and agreed that, pursuant to Government Code Section
895 4, CITY shall fully defend, indemnify and save harmless STATE and all its officers
and employees from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code Section 810 8)
occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement
12 Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement It is understood and agreed that, pursuant to Government Code Section
895 4, STATE shall fully defend, indemnify and save harmless CITY from all claims,
suits or actions of every name, kind and description brought for or on account of injury
(as defined in Government Code Section 810 8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
,jurisdiction delegated to STATE under this Agreement
13 No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto
14 This Agreement shall terminate upon completion of construction of PROJECT and upon
final payment to CITY by STATE, pursuant to Section II, Article (2) of this Agreement, or
on December 31, 2003, whichever is earlier in time
082
0
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
m
Robert W Sassaman
District Director
Approved as to form and procedure
By
Attorney
Department of Transportation
Certified as to funds
By
District Resource Manager
Certified as to Financial Terms and Conditions
By
Accounting Administrator
District Agreement 07 -4575
CITY OF EL SEGUNDO
By
Mayor
Attest
City Clerk
App
M-
5 083
District Agreement 07 -4575
EXHIBIT A
084
Federal TEA
Total Estimated Cost
Engineering and
Construction
Cost
678,000
766,000
084
11
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085
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Calendar
AGENDA DESCRIPTION-
Proposed revisions to the class specification, retitling Senior Dispatcher to Supervising
Dispatcher and a Resolution establishing a new monthly salary range
RECOMMENDED COUNCIL ACTION
Approve the proposed class specification and new job classification title
Adopt the Resolution establishing the monthly salary range
BACKGROUND & DISCUSSION,
- Please refer to attachment -
ATTACHED SUPPORTING DOCUMENTS
Proposed class specification and a Resolution establishing the monthly salary range
FISCAL IMPACT
Operating Budget
Amount Requested
Account Number
Project Phase:
Appropriation required,
ORIGINATED DATE October 25, 2001
fob Hyland, Human Reso s Manager
Bret M Plumlee, Director of Administrative Services
REVIEWED BY DATE.
Mary S nn, City Manager
Agenda383
10/30/01 10 0 UM 15
ATTACHMENT November 7, 2001
The El Segundo Public Safety Communications Center currently has an authorized
staffing level of four Senior Dispatchers, two of which currently remain unfilled The
Administrative Services Department — Human Resources Division has had an ongoing
open recruitment for the positions since January 2001 During that time, the Human
Resources Division has received only four applications for the positions
Police Department management believes the lack of interest in the available positions is
three -fold First, the current fob classification of Senior Dispatcher may be confusing to
potential fob applicants Many agencies surveyed have a similarly titled fob
classification However, their fob duties differ from the El Segundo Public Safety
Communications Center fob classification The other agencies fob duties are similar to
those of the El Segundo Public Safety Communications Center journey level Dispatcher
II, 1 e , receive emergency and non - emergency calls for service, dispatch appropriate
agencies, monitor radio frequencies, etc These fob duties do not include any
supervisory functions However, the El Segundo Public Safety Communications
Center's Senior Dispatchers are assigned the responsibility of both a dispatcher and a
supervisor, i e , oversee call center shift operations, monitor work and evaluate
employees, responsible for call canter scheduling, liaison with vendors, complete
administrative tasks, etc The job duties performed by the El Segundo Public Safety
Communications Center's Senior Dispatchers are more closely aligned with the job
classification of Dispatch Supervisor positions at other surveyed agencies
Second, one of the current fob qualifications may also be confusing to applicants One
of the required fob qualifications "two years experiences as a public safety dispatcher
including experience coordinating the work of others " It is staff's belief that this
requirement may be ambiguous and lead potential candidates to believe that prior
supervisory experience is absolutely required in order to apply for the position
Third, a recent survey of surrounding dispatch centers found that the El Segundo Public
Safety Communications Center Senior Dispatchers are in some cases paid less than
surrounding cities (in the case of our nearest neighboring dispatch center by 19 55 %)
Recommendation
First, change the fob title of Senior Dispatcher to Supervising Dispatcher Second,
modify the current fob qualification of "two years experience as a public safety
dispatcher including experience coordinating the work of others" to "two years
experience as a public safety dispatcher, experience coordinating the work of others is
preferred " Third, increase the salary of the Supervising Dispatcher job classification by
15%
Funding for the additional compensation will be obtained from salary savings created by
dispatcher vacancies for the remainder of fiscal year 2001/02 The necessary amount
would then be budgeted for future years
Should Council approve the recommended changes, the Human Resources Division will
immediately initiate a new recruitment, testing and selection process designed to fill the
two vacant positions
10/30/01 10 01 An na7
City of El Segundo, CA Job Description
Job Code: 710
SENTOR W, DISPATCHER
Definition: Under general supervision, oversees call center shift operations, monitors work and
schedules dispatchers, receives calls regarding crimes, 911 emergencies and non - emergencies,
dispatches appropriate agencies and monitors radio traffic
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Coordinates, monitors and participates in the activities of the communications center and
employees, serves as liaison to the Communications Manager, provides training and direction to
new dispatchers, prepares dispatcher work schedules; participates in preparing performance
evaluations and assists with disciplinary actions for communications center employees, resolves
problems and questions regarding work methods and procedures
Investigates service complaints and prepares follow -up reports with recommendations and takes
appropriate corrective action
Operates a variety of technical/electronic emergency communications equipment, receives and
responds to emergency and non - emergency calls for service, prioritizes calls and dispatches to
appropriate response personnel, serves as lead staff person in emergency situations
Monitors and evaluates operations of dispatch unit to ensure compliance with Federal, State and
local rules and regulations, recommends changes in work practices and/or equipment to maintain
efficient operations, performs a variety of administrative /clencal support tasks, including logging
communications and maintaining a variety of electronic information files for law enforcement
and fire, accesses national and local data base for pertinent information
Knowledge, Skills and Other Characteristics:
Knowledge of local geography
Knowledge of emergency communication equipment
Knowledge of supervisory principles and practices
Knowledge of principles and practices of radio dispatch and transmission techniques
PSPC 1 10/99 088
Senor Dispatcher
Knowledge of computer -aided dispatch systems (CAD), enhances 911 telephone systems and
other public safety communication equipment
Knowledge of national, state and local public safety dispatch standards and requirements
Knowledge of general operations of fire, law enforcement, medical and other public service
agencies
Knowledge of police, fire and other emergency dispatch procedures
Knowledge of communication techniques to calm and extract information from callers
Skill setting priorities and handling emergency situations
Skill communicating clearly and concisely and relaying details accurately
Skill operating emergency communication equipment
Skill handling high volume telephone and radio traffic
Skill reading and interpreting maps
Skill assessing and evaluating procedures and operations
Skill understanding and following complex written and oral instructions
Skill operating a variety of standard office equipment
Skill training, motivating and evaluating employees
Skill establishing and maintaining effective working relationships with other department staff,
other City employees and the public
Working Conditions:
Communications center environment including high volume of telephone calls in emergency
situations,
Licensing /Certification Requirements:
None
Minimum Qualifications:
Graduation from high school or GED and two (2) years experience as a public safety dispatcher;
inexperience coordinating the work of others is pt d, or an equivalent combination
of education and experience
PSPC 2 10/99 089
RESOLUTION NO.
A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL
ESTABLISHING A SALARY RANGE FOR THE CITY'S
SUPERVISING DISPATCHER
The City Council of the City of El Segundo does resolve as follows
SECTION 1 The City Council adopts the following base monthly salary range for
Supervising Dispatcher
Position
Step A
Step B
Step C
Step D
Step E
Supervising
Dispatcher
$410641
$431429
$4532 70
$4762 17
$5003 26
SECTION 2. This Resolution will remain effective until superseded by a subsequent
resolution
SECTION 3 This Resolution will become effective immediately upon adoption
APPRC
Mark L
im
PASSED AND ADOPTED this 6t" day of November , 2001
Mike Gordon, Mayor
1.1
ATTEST-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the
certify that the whole number of me
that the foregoing Resolution No
said City Council, approved and sign
b the City Clerk of said City, all at a
7h day of November 2001, and the
following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
SS
City of El Segundo, California, do hereby
tubers of the City Council
was duly pass
ed by the Mayor of said
regular meeting of said
same was so passed
of said City is five,
ed and adopted by
City, and attested to
Council held on the
and adopted by the
rqt
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING Consent Calendar
LTC]4�PL\9] *11113N12111 M L I
Examination plan for the Personnel Merit system fob classification of Accounting
Technician
RECOMMENDED COUNCIL ACTION
Approve the Examination Plans
BACKGROUND & DISCUSSION
Chapter 2 28 080 of the El Segundo Municipal Code, entitled "Administration and
Personnel', provides that the Personnel Officer shall review and recommend to
the City Manager, who in turn shall recommend to the City Council, an
appropriate examination plan and weights for each portion of the examination for
Personnel Merit System fob classifications
ATTACHED SUPPORTING DOCUMENTS.
- REFER TO ATTACHMENT—
FISCAL IMPACT
Operating Budget
Amount Requested
Account Number
Project Phase
Appropriation required
ORIGINATED
Bob Hyland, Human EurcesManager
A,��
Bret M Plumlee, Finance Director
n, City Manager
to - -3o -0
DATE
agenda385
10/30/01 10 04 AM 16
092
The Human Resources Department has initiated the recruitment, testing and
selection processes for the lob classification of Accounting Technician It is
recommended that the City Council approve the examination plan that contains
the following examination techniques and weights for each portion of the
examination
ACCOUNTING TECHNICIAN
Structured, Technical Oral Interview
(Open- Competitive)
Weighted
100%
10130101 10 04 AM 093
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE. November 7, 2001
AGENDA HEADING. Consent Agenda
Status report on Capital Improvement Program Projects — (no fiscal impact)
RECOMMENDED COUNCIL ACTION•
Receive and file
BACKGROUND AND DISCUSSION:
This monthly report will provide the status of various projects approved in the Capital
Improvement Program The report will be updated on a monthly basis with input from
other impacted Departments and identifying key milestones
ATTACHED SUPPORTING DOCUMENTS:
1 Schedules
2 Project comments
FISCAL IMPACT:
Capital Improvement Project
Amount Requested:
Account Number
Project Phase.
Appropriation Required.
ORIGINATED BY ; J Date OCT 3 0 20D1
17
PW COUNCIL 11 \NOVEMBER 07 04 (Tuesday 10/30101 10 00 AM)
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102
CAPITAL IMPROVEMENT PROJECTS
(On- Going)
PROJECT COMMENTS
Revised: October 30, 2001
Recreation Park Electrical
Initial survey and report submitted, preparing bid documents now, three (3) to four (4)
weeks anticipated for completion of this process
City Hall Improvements
Structural drawings received, One (1) detail being revised, the East Garden floor plan to
be revised due to structural columns that cannot be relocated
Water Valve & Pump
Contract signed, estimated completion date — January, 2002
Pool and Community Gardens
On hold for evaluation
Community Center Master Plan
Design effort has commenced by LPA and Associates
Pump Station No 6 Refurbishment
Bids to be opened on 11/13/01
Maintenance Facility Generator Replacement
Specifications, revisions and preparation of the bid package in process
Sewer Main Repair
Locations are being finalized
Racquetball / Handball Court
Recreation and Parks staff to grind floors and remove mats Dusk control consultant
submitted report Work to commence upon analysis
N \PROJECTS \CIP ON -GOING PROJECTS INF 1 103
CAPITAL IMPROVEMENT PROJECTS
(On- Going)
PROJECT COMMENTS
Revised: October 30, 2001
Imperial Avenue Vista Upgrade
Soliciting bids for landscape architect, first submittal too high, second attempt to
negotiate also failed Soliciting another bid
Sump Pump — Pump Station No 17
Award of contract on 11/06/01 City Council agenda
Freedom Park Proiect
Under construction
Freedom Park Memorial
Discussions being held
Eucalyptus Drive Improvements
Contract has been awarded to Southland Construction, work commences next month
Pump Station No 16 Reconstruction
Pump Station adoption and advertising scheduled for 11/20/01 City Council agenda
Downtown Specific Plan
Design effort has commenced by Larry Moss & Associates
Douglas Street Underpass
Design on -going
Water Well
Awaiting negotiation language for water rights leasing
Sidewalk Replacement
Annual project proceeding on an "as needed" basis
N \PROJECTS \CIP ON GOING PROJECTS INF r\ 104
CAPITAL IMPROVEMENT PROJECTS
(On- Going)
PROJECT COMMENTS
Revised: October 30, 2001
Flashing Red Lights Main Street
Bid opening to be held on 11/13/01
Sepulveda Boulevard Landscaping
City - Caltrans agreement for grant funding to be executed
Mariposa Storm Drain
Design — 50% complete
Sewer Access Structure Lining
On -going project proceeding
Josh Gardner Skateboard Park
Consultant proposals are due 11/05/01
Camp Eucalyptus
Consultant proposals are due 11/05/01
Acacia Park
Scope of work to be to be established
Hilltop Park Pool
On hold for further review
Urho Saari Swim Stadium
Design to start in February, 2002
Sewer Pump Station No 5
Plans and specifications adoption on 11/20/01 City Council agenda
N \PROJECTS\CIP ON -GOING PROJECTS INF 1 1 0 5
CAPITAL IMPROVEMENT PROJECTS
(On- Going)
PROJECT COMMENTS
Revised: October 30, 2001
Duley Road Rehabilitation
Design to commence next month
Sepulveda Boulevard Signal Modifications
Design 80% complete, awaiting Caltrans approval
Water Main Replacement
Start design in January 2002
Handicapped Access Ramp Program
Design to start in January, 2002
Maintenance Facility Storm Water Clarifier
Design to commence in January, 2002
Sewer Pump Station No 9
Scope of work to be completed prior to design bid advertisement
Sewer Pump Station No 1
Scope of work to be completed prior to design bid advertisement
Sewer Pump Station No 12
Scope of work to be completed prior to design bid advertisement
Sewer Pump Station No 4
Design is 80% complete
Intersection Renovations
Scope of work being finalized
106
N \PROJECTS \CIP ON -GOING PROJECTS INF
CAPITAL IMPROVEMENT PROJECTS
(On- Going)
PROJECT COMMENTS
Revised: October 30, 2001
Various Drainage Improvements
Scope of work being finalized
Curb Replacements
Proceeding on an on -going
Parkway Tree Replacement
In progress
Maintenance Facility Exhaust System
To be submitted for City Council approval on 11/20/01
Design of Parking Garage
On hold
Swim Stadium Heaters
Work to commence in first quarter of 2002
Fire Station No 2
Awaiting full funding
Fire Station No 1 Expansion
Pending.
Golf Course Driving Range Improvements
Work to commence in first quarter of 2002
107
N \PROJECTS \CIP ON GOING PROJECTS INF
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent, City Attorney
AGENDA DESCRIPTION:
Second reading and adoption of an Ordinance of the City Council amending
Chapter 9 to Title 1 of the El Segundo Municipal Code regarding Campaign
Contributions and Disclosures for local elections.
RECOMMENDED COUNCIL ACTION:
Second reading and adoption The Ordinance will become effective thirty days
from adoption
BACKGROUND & DISCUSSION:
The attached Ordinance incorporates those changes made by the City Council
on October 16, 2001 Specifically, language was added by the City Council
requires that persons making contributions of $25 or more in a campaign
disclose specific information including employer identification
ATTACHED SUPPORTING DOCUMENTS:
Ordinance, Staff Report from October 2, 2001 and October 16, 2001 City Council
Meetings
FISCAL IMPACT: NIA
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation reepui
DATE:
Attorney
iM3,1
lop 18
ORDINANCE NO. 1339
AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 9 IN
TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED
"CAMPAIGN CONTRIBUTIONS."
The city council of the city of El Segundo does ordain as follows
SECTION 1 The city council finds and declares as follows
A The ability to contribute time and money to local political campaigns is a
legitimate and important means of participating in the political process
B Large monetary contributions, however, may give at least the appearance that
candidates for elective office may be unduly influenced through financial means
C It is in the public interest that the City have a means by which all persons within
the community have a fair and equitable opportunity to participate in local
government whether by elected office or through other means
D To assist with the goal of providing an even playing field to all candidates seeking
elective office, and to engender public trust in the political process, the City
Council enacted regulations for campaign contributions Specifically, the City
Council enacted Ordinance No. 1146, adopted January 16, 1990, and Ordinance
No 1278, adopted October 21, 1997, which added Chapter 9 to Title 1 of the El
Segundo Municipal Code ( "ESMC ") entitled Campaign Contributions and
consisting of §§ 1 -9 -1 to 1 -9 -7
E In general, Chapter 9 required candidates to disclose the source of campaign
contributions when the amounts of such contributions exceeded a voluntary cap
F In 1996 and 2000, the California electorate approved two propositions that
implemented regulations for campaign contributions on a statewide basis
Proposition 208, enacted in 1996, was challenged and has been partially
invalidated, Proposition 34, enacted in 2000, was designed, in part, to cure the
deficiencies in Proposition 208 and became effective in January 2001
ORDINANCE NO 1339
AMENDING EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 1
I n 9
G When adopting this Ordinance, the City Council considered, among other things,
Government Code §§ 85101 and 85102, and the California Supreme Court's
decision in Griset v Fair Political Practices Commission (1994) 8 Cal 4`h 851,
cert den 15 S Ct 1794, and the cases cited therein The regulations adopted by
this Ordinance are intended to balance individual's First Amendment rights with
the electorate's right to be fully informed and the public interest in preventing
corruption in local elections
H The City Council agrees with the findings of Government Code § 85102 and
incorporates those findings by reference into this Ordinance
By adopting these regulations, the City intends to fully inform voters regarding
candidate and campaign viewpoints, to assist voters with distinguishing between
accurate and deceptive information, deter defamatory statements, prevent
corruption, and assist law enforcement
The City has a compelling interest to promote an informed electorate, deter
corruption in local elections, and gather evidence to facilitate enforcement of
local election regulations Accordingly, it is in the public interest to adopt
regulations imposing strict disclosure requirements upon, among other things,
unsolicited campaign literature that is distributed during the course of local
political campaigns
SECTION 2 Chapter 9 to Title 1 of the ESMC, entitled Campaign Contributions, consisting of
§§ 1 -9 -1 to 1 -9 -7 is entirely amended to read as follows
"Chapter 9
CAMPAIGN CONTRIBUTIONS AND DISCLOSURES
1 -9 -1 Purpose The California Political Reform Act (Government Code §§ 81000, et seq )
imposes a number of requirements upon persons supporting or opposing candidates and
ballot measures Among other things, the Political Reform Act generally restricts
anonymous contributions and requires disclosure for mass mailings Under Government
Code §§ 81013 and 85703 the City may impose more restrictive regulations for local
elections Accordingly, this Chapter 9 is added to the City's Code to further the public's
compelling interest for full disclosure in local elections in order to better inform the
electorate and prevent political corruption Nothing contained in this Chapter 9 is
intended, nor should it be construed, to supplant the Political Reform Act's requirements,
or of its regulations, this Chapter is intended only to supplement the Political Reform Act
as to local elections.
ORDINANCE NO 1339
AMENDING EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 2
110
1 -9 -2 Definitions Except as otherwise stated below, the words and phrases used in this
Chapter generally have the same meanings as in the California Election Code, the
Political Reform Act, and those regulations promulgated by the Fair Political Practices
Commission In addition, unless the contrary is stated or clearly appears from the
context, the following definitions will govern the construction of the words and phrases
used in this chapter
A "Campaign literature" means unsolicited circulars, pamphlets, letters, posters, or
other reproduced matter referring to an election, candidate, or any ballot measure
Campaign literature does not include other campaign paraphernalia such as,
without limitation, pencils, buttons, or similar items
B " "Contribution" means a payment, loans and extensions of credit (other than those
made by financial institutions), a payment of a loan from a financial institution by
a third party, or an enforceable promise to make a payment, except to the extent
that full and adequate consideration is received, unless it is clear from the
surrounding circumstances that it is not made for political purposes An
expenditure made at a candidate's, committee's, or elected officer's direction is a
contnbution to the candidate, committee, or elected officer, unless full and
adequate consideration is received for making the expenditure
"Contribution" includes purchasing tickets for events such as dinners,
luncheons, rallies, and similar fund - raising events, granting discounts or
rebates not extended to the public generally or granting discounts or
rebates by television and radio stations and newspapers not extended on an
equal basis to all candidates for the same office, and paying compensation
by any person for the personal services or expenses of any other person if
such services are rendered or expenses incurred on behalf of a candidate or
committee without payment of full and adequate consideration
"Contribution" also includes any transfer of anything of value received by
a committee from another committee The term does not include amounts
received under an enforceable promise to the extent such amounts were
previously reported as a contribution However, these amounts will be
reported in the appropriate campaign statement
"Contribution" does not include volunteer personal services or payments
made by any individual for his or her own travel expenses if such
payments are made voluntarily without any understanding or agreement
that they will be directly or indirectly repaid to him
ORDINANCE NO 1339
AMENDING EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 3
tt1
C "Person" means an Individual, proprietorship, firm, partnership, point venture,
syndicate, business trust, company, corporation, association, controlled
committee, or committee
1 -9 -3 Anonymous Contributions Prohibited. It Is unlawful for any person to make, and any
candidate, controlled committee, or committee to solicit or accept, any anonymous
contribution in a local electron
1 -9 -4 Campaign Statement Information. For local electrons, candidates, elected, officers,
controlled committees, and committees will include the information required by
Government Code § 84211 regarding all persons contributing $25 00 (twenty -five
dollars) or more to a campaign in campaign statements
1 -9 -5 Anonymous Mailings Prohibited
A It Is unlawful for any person, candidate, or committee to send any unsolicited
piece of mail supporting or opposing any candidate or ballot measure in a local
election that does not comply with the requirements of Government Code § 84305
or, if a slate mailer, Government Code § 84305 5
B In addition to the requirements of Government Code § 84305 or, if applicable,
Government Code § 84305 5, campaign literature Including, without limitation,
mailers, will Include the name of any person contributing twenty-five percent
(25 %) or more of the cost for producing the campaign literature The text
Identifying such persons will conform with the requirements of Government Code
§ 84305 or, If applicable, Government Code § 84305 5
1 -9 -6 Liberal Interpretation. This Chapter will be liberally construed to accomplish Its
purpose
1 -9 -7 Filing Deadlines.
A A final pre - election filing of updated versions of all documents required by the
Political Reform Act and this Chapter will be filed by candidates and committees
and received by the City Clerk by twelve o'clock (12 00) noon on the final Friday
before the election and will reflect all actual and anticipated expenditures and
contributions through the date of the electron
B A final post - election filing of all documents required by the Political Reform Act
and this Chapter must be received by the City Clerk by twelve o'clock (12.00)
noon on the third day after the election which will reflect all actual expenditures
and contributions to candidates and committees through the date of the election
ORDINANCE NO 1339
AMENDING EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 4
I12
1 -9 -8 Enforcement and Penalties. The means of enforcing this Chapter, and the penalties for
violating it, are set forth in the Political Reform Act which will apply to this Chapter and
are mandatory In addition to any other penalty, the court may award a prevailing party
costs of litigation, including reasonable attorney fees "
SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable
SECTION 4 The City Clerk is directed to certify the passage and adoption of this Ordinance,
cause it to be entered into the City of El Segundo's book of original ordinances, make a note of
the passage and adoption in the records of this meeting, and, within fifteen (15) days after the
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law
SECTION 5 This Ordinance will become effective thirty (30) days following its passage and
adoption
PASSED AND ADOPTED this day of , 2001
Mike Gordon, Mayor
ORDINANCE NO 1339
AMENDrNG EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 5
113
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five, that the foregoing Ordinance
No was duly introduced by said City Council at a regular meeting held on the
day of , 2001, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the day of 2001, and the same was so passed
and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS TO FO
Mark D Hensley,' City
By
Karl H Berger
Assistant City At
ORDINANCE NO 1339
AMENDING EL SEGUNDO MUNICIPAL CODE
"CAMPAIGN CONTRIBUTIONS"
PAGE NO 6
114
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE November 7, 2001
AGENDA HEADING* Consent
AGENDA DESCRIPTION Request for the City Council to approve $59,650 outlined
in the police budget for maintenance services provided by the West Covina
Service Group (WCSG)
RECOMMENDED COUNCIL ACTION: Approve $33,500 for the Public Safety
Communications Center and $26,150 for the Police Records Division for
maintenance services provided by the WCSG
BACKGROUND & DISCUSSION: On February 3, 1998, the City Council approved
the design, construction and operation of the El Segundo Public Safety
Communications Center As part of the overall project, funding was approved
and earmarked for Computer Aided Dispatching /Records Management
(CAD /RMS) software and a Mobile Date Computer (MDC) system. The
Communications Center is operational and providing emergency dispatch
services to the Cities of El Segundo and Hermosa Beach
In July 2001 the City received one invoice from the WCSG itemizing the ongoing
annual maintenance fees for the CAD /RMS and MDC systems The total amount
invoiced was $59,650 Payment of these invoices was delayed, as two accounts
in the 2001/2002 budget were necessary to fund the individual line items
documented on the invoices The invoice costs of the CAD /RMS and MDC
system are $33,500 and $26,150 respectively
It is requested that $59,650 be approved for the ongoing annual maintenance
fees for the CAD /RMS and MDC systems
ATTACHED SUPPORTING DOCUMENTS.
None
FISCAL IMPACT
Operating Budget
Amount Requested
Account Number,
Appropriation required
of Police
$26,150(001 -400- 3101 -6278)
$33,500(001- 400 - 3107.6278)
$59,650
001 - 400 - 3101- 6278($26,150)
001- 400 - 3107 - 6278($33,500)
No
DATE, October 10, 2001
X W BY• DATE
enn, City Manager
10 /11 /01 8 03 AM
■ ]
115
EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING. Consent
AGENDA DESCRIPTION,
Request for City Council approval and permission to use the badge artwork,
shoulder patch and vehicle graphics of the El Segundo Police Department on a
new "Police Motorcycle Series" to be designed and produced by Mattel Inc
COUNCIL ACTION,
1 Approve as requested
BACKGROUND & DISCUSSION,
Mattel Inc Is proposing to manufacture a "Hot Wheels" toy motorcycle of an El
Segundo police motorcycle They are requesting permission to use the El
Segundo Police Department name, badge, and /or logo on the motorcycle and
packaging Mattel is currently In the planning stages and does not have a
graphics sheet prepared Their proposal is to use the graphics as they were
previously used on the "Cop Rod" but instead place them on one of three generic
motorcycles
In 1999, the City agreed to let Mattel feature the City of El Segundo Police
Department in Its "Cop Rods" series The program was successful in raising
awareness of police departments' contributions to local communities, such as
ours, throughout the United States The City of El Segundo will not receive any
profits made from this production This opportunity will serve to enhance the
community's image of the El Segundo Police Department
ATTACHED SUPPORTING DOCUMENTS:
The proposed contract with Mattel Inc has been provided to our City Attorney's
office for review and is attached There were no negative or adverse issues
identified by the City Attorney concerning the agreement There is no fiscal
impact to the city The City and Police Department will benefit from the public
relations and promotional value that will result
FISCAL IMPACT-
Operating Budget, None
Amount Requested, None
Account Number. None
Project Phase•
r3Y
Jack av , Chief o olice
DATE.
/0--3/-0/
�u
n, City Manager 77/4
10/31/01 11 56 AM
r` V
116
a,,, 1 .— 1.]. Ou
Mattel, Inc.
October 1, 2001
JIu -LJL -Munn
Officer William Sinko
El Segundo Police Department
348 Main Street
El Segundo, CA 90245
Dear Officer Sinko,
EN i ML 1(,ENb 1 NO
PAGE 61/61
131 C 011hne0lal Boulevard
I I Segundo, California 90245 -5012
Vhonv* 1 (110) 252 -2000
Fax 1 (310) 252 -2180
Mattel Inc. has -been Inspiring children's Imaginations for over 50 years and our Hot Wheels
division has been capturing the imagination of boys since 1968. As you know from your recent
participation, we are very proud to have featured a number of Police and Fire departments in
our popular Hot Wheels "Cop Rods' and "Fire Rods" series This program has been quite
successful in raising awareness of police and fire departments' contributions to local
communities throughout the United States. In fact, the series was so popular that we have
decided to create a new Police Motorcycle Series," the exact title of which has not yet been
finalized.
On behalf of Mattel, we would be very honored and pleased d the El Segundo Police
Department would agree to participate In this project also by having its logo design featured on
one of the motorcycles and packaging in this limited series. There will, of course, be no cost to
your Police Department and as a special thank you for your participation we would be pleased
to forward you some of these special motorcycles once they become available
Please signify your participation by returning a signed copy of this letter by fax to 310/252 -6096
and returning the anginal by mail ASAP If you do not Intend to participate, please advise us at
your earliest convenience If you plan to participate, we must receive signed paperwork no later
than 10131/01 We already have your logo on file but should the need arise, we may follow up
via phone to discuss the graphics of your department's motorcycle. In the meantime, should you
have any questions, please do not hesitate to contact me at 3101252 -2165.
We are extremely excited about this new series and we are looking forward to your participation
Sincerely,
K en A Sanchez
A sociate Manager
Mattel, Inc. — Entertainment & Licensing
333 Continental Blvd. — M1 -0620
El Segundo, CA 90245
Approval is granted to Mattel to utilize the graphics of
the police department represented In this letter
AUTHORIZED POLICE DEPT, SIGNATURE
Name.
Its
Date -
Phone
117
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING New Business
AGENDA DESCRIPTION:
Authorize the City Manager to sign and execute an agreement between the City of El
Segundo, the State of California Office of Traffic Safety (OTS), and Department of
Transportation ( Caltrans), for the purchase, acquisition, and Installation of a low -power AM
Radio Station
RECOMMENDED COUNCIL ACTION:
1 Adopt Resolution In support of project as required by the Grant Agreements.
2 Authorize the City Manager to accept this grant and to execute Agreements with
the California State Office of Traffic Safety ( #EM0231) and Department of
Transportation ( #51 A0140) with the approval of the City Attorney
BACKGROUND & DISCUSSION:
On January 29, 2001, the Fire Department submitted a grant proposal to the State of
California Office of Traffic Safety (OTS) for the acquisition of a low power AM Radio
Station On May 31, 2001, the grant proposal was approved in the amount of $23,000 00
toward the purchase of a basic radio station OTS and Caltrans working jointly, will model
the El Segundo grant proposal as a pilot project for other communities The radio project,
called the El Segundo Community Alert ProjEct (ESCAPE), will provide minimal capabilities
to deliver traffic safety messages, emergency news and information, and direct the
community to safe areas in the event of an emergency, extended road closures, and other
similar events In accordance with the grant agreement, the City of El Segundo will agree
to provide in -kind funding up to $5,000 00 to support costs not covered in the grant for staff
labor, maintenance, signage, and other support (electrical power) needed to install and run
the radio system
This system is not expandable, and basic Before purchasing the radio system, the
Emergency Services Coordinator will evaluate other system options and report to the City
Manager what options the City might consider In the actual (final) purchase.
ATTACHED SUPPORTING DOCUMENTS,
Draft Resolution
Office of Traffic Safety Agreement & Project Description (EM0231)
FISCAL IMPACT:
Capital: $28,000 00 ($23,000 00 grant plus $5,000 00 in -kind from City)
Amount Requested, $5,000 00 in -kind labor and materials from the City of El Segundo
(Fire /Emergency Services & General Services Dept's)
Account Number, N/A
Project Phase. December 1, 2001 to November 30, 2002
Appropriation required. YES
ORIGINATED: DATE- 101.-a 9 O I
Norm Angelo, Fire C of David Burns, Emergency Services Coordinator
DATE:
Manager /0�i�� 21
118
RESOLUTION NO. _
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, ACCEPT GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION, OFFICE OF TRAFFIC
SAFETY.
The City Council of the city of El Segundo does resolve as follows
SECTION 1: The City Council finds and declares as follows
A On January 21, 2001 the City submitted a grant proposal to the California
Department of Transportation's Office of Traffic Safety The proposal outlined the
City's plan to purchase and install a low power radio transmitter to continuously
broadcast information regarding emergencies and road hazards to the community
B On May 30, 2001 the City was informed that its grant proposal was approved for
$23,000 of grant money
C It is in the public interest for the City to accept the grant money on the terms and
conditions established by the Office of Traffic Safety
SECTION 2: The City Manager is authorized to accept grant money from the Office of Traffic
Safety on behalf of the City This amount will be allocated as follows
A For purchasing a low power radio transmitter. $16,510 00,
B For installing the low power radio transmitter (at a location to be determined in
subsequent proceedings) in compliance with applicable law and regulation $5,790 00,
C For travel costs of City employees attending the 2002 Office of Traffic Safety
Traffic Summit $700,
SECTION 3: Pursuant to the terms of the grant agreement, the City Manager is authorized to
appropriate at least $5,000 toward maintenance and equipment costs for installing the radio
transmitter
SECTION 4: The City will conduct appropriate environmental review under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations
promulgated thereunder (14 Cal Code of Regulations § §15000, et seq, the "CEQA
Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805,
adopted March 16, 1993)
SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year
2001 -2002 to appropriate the momes identified herein to pay for the plan proposed by the City in
support of its grant application The City Manager, or designee, is authorized to implement the
purpose of this section
Page 1 of 2 1 1 9
SECTION 6: This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2001
Mike Gordon, Mayor
APPROVED AS FO
Mark D Hensl rt ,A
By
arl H Berger,
Assistant City Attot,o
ATTEST
STATE OF CALIFA )
COUNTY OF LOS NGELES ) 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 the City is five; that the foregoing Resolution No
was duly passed and adopted by said City Council, approved and signed by the Mayor of said City,
and attested to by the City Clerk of said City, all at a regular meeting of said Council held on
the day of 2001, and the same was so passed and adopted by the
following roll call vote
AYES
NOES
ABSENT
ABSTAIN
City Clerk
Page 2 of 2
120
STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS
OTS -33 (Rev 5/21/01)
Terms, Conditions, and Certifications Specific to the Agreement
Between the Office of Traffic Safety and the Applicant Agency
APPLICANT AGENCY OTS PROJECT NUMBER
City of El Segundo Fire Department EM0231
The following are included herein and constitute a part of this Agreement
OTS -38 — Pa -e 1
Schedule B -1 —Budget Narrative
Schedule A — Project Description
Schedule C — N/A
Schedule A -1 — Administrative Support
OTS -33 — Terms, Conditions, and
Statement
Certifications Specific to the Agreement
Between OTS and the Applicant Agency
Schedule B — Detailed Budget Estimate
General Terms, Conditions, and Certifications
(Rev 4/01)*
*See OTS Grant Program Manual, Volume II, Chapter 6 Volume II is available on -line at
www.ots.ca.eov
TERMS AND CONDITIONS
It is understood and agreed by the Project Director and Authorizing Official that any grant
received as a result of this Agreement is subject to all federal and state regulations governing
grants and to those controls expressed in the California Traffic Grant Program Manuals which
include, but are not limited to
Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project
Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31,
during each year of project operation
OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny
future grant funding anytime a grantee fails to comply with any term or condition of the grant
contract or program guidelines (Volume II, Chapter 3.9) This may include, but is not
limited to, the following
• Failure to submit acceptable and timely reimbursement claims
• Failure to submit acceptable and timely quarterly performance reports, and
• Failure to submit an acceptable and timely Schedule C (Quarterly Evaluation Data
OTS -380 (Applies only when a Schedule Chas been required)
3 If, during the term of the grant award, federal funds become reduced or eliminated, OTS may
immediately terminate or reduce the grant award upon written notice to the project director
4 By October 31, "continuing" projects must submit a September 30 claim and a written
justification to support carrying forward prior year unexpended funds September 30 claims
and written justifications, supporting the carrying forward of prior year unexpended funds,
submitted after November 30, will not be processed The prior claim (i e, June 30) will be
121
considered the year -end claim in order to close out the federal fiscal year ending
September 30 In addition, prior year unexpended funds will be deobligated and allocated to
new projects
All documentation required to request a project revision (I e , time extensions, budget
category changes, and etc ) must be submitted to OTS prior to the effective date of change(s)
For example OTS will not consider a request for a grant period time extension unless all
necessary paperwork is submitted prior to the existing grant termination date Prior approval
is required for all project revisions (Volume II, Chapter 3.8)
6 No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
7 Additional terms and conditions identified in the OTS Grant Program Manual, Volume II,
Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6 -B), are incorporated
herein by reference and made a part of this document
We, the officials named below, hereby swear that we are duly authorized legally, to bind the
contractor or grant recipient to the above described terms and conditions Executed on the date
and in the county below, and is made under penalty of penury under the laws of the State of
California
David S Burns
PROJECT DIRECTOR'S NAME
DATE EXECUTED
PROJECT DIRECTOR'S SIGNATURE
➢ Emergency Services Coordinator
TITLE
Norman G Angelo — Fire Chief
AUTHORIZING OFFICIAL'S NAME
DATE EXECUTED
AUTHORIZING OFFICIAL'S SIGNATURE
TITLE
MARY STRENN, CITY MANAGER
EXECUTED IN THE COUNTY OF
Los
EXECUTED IN THE COUNTY OF
Los
��% 1��7�j i'r' / •i�' �/ / 7
-2-
17?_
State of California
c`;r�j Business, Transportation & Housing Agency
J
PROJECT NUMBER
p4lt3`��'�rJJ OFFICE OF TRAFFIC SAFETY EM0231
GRANT AGREEMENT
PAGE 1 (To be completed by applicant Agency)
I PROJECT TITLE
EL SEGUNDO COMMUNITY ALERT PROJECT (ESCAPE)
2. NAME OP APPLICANT AGENCY
4 PROTECT PERIOD
CITY OF EL SEGUNDO FIRE DEPARTMENT
Month — Day - Year
From 12 -01 -01
3 AGENCY UNIT TO HANDLE PROJECT
EMERGENCY SERVICES DIVISION
To 11 -30 -02
5 PROJECT DESCRIPTION (Summarize the pioject plan covering the objectives, method of piocedmes, evaluation, and end product
in approximately 100 words Space is limited to I I lines )
The City of El Segundo is establishing a "safe communities" project with the Installation of a low power AM
radio station The project allows public safety departments to alert motorists and residents of traffic hazards,
emergent road conditions, and other environmental hazards The radio station will be centrally located within
the city and transmit pre - recorded, and on occasion, live messaging to the community Messages can be pre-
recorded and activated by phone, radio, and directly by Public Safety Dispatchers and the Office of Emergency
Services An activation plan will be established for unifoimity and consistency In use, the community will be
polled to assess awareness and use of system, and the system will be highlighted on community cable, local
newspapers, and public meetings (City Council, Commissions, and Committees) When fully implemented, the
system will provide coverage to most of the city Warning signage will be placed at key Intersections Project
success will be measured by accomplishments of stated goals & objectives, and data collected
6 FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 23,000.00
7. APPROVAL SIGNATURES
A. PROJECT DIRECTOR
B AUTHORIZING OFFICIAL OF APPLICANT AGENCY
NAME David S. Burns PHONE 310 -524 -2252
NAME Mary Strenn PHONE 310 -524 -2301
TITLE Emergency Services Coord FAX- 310 - 414 -0929
TITLE. City Manager FAX. 310 - 322 -7137
ADDRESS 314 Main Street
ADDRESS 350 Main Street
El Segundo, CA 90245
El Segundo, CA 90245
E -MAIL dburns @elsegundo.org
E -MAIL mstrenn @elsegundo.org
(Signature) (Date)
( Stgnature) (Date)
C FISCAL OR ACCOUNTING OFFICIAL
D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS
NAME Bret Plumlee PHONE 310 -524 -2314
NAME City Treasurer
TITLE Finance Director FAX 310 - 640 -2543
ADDRESS 350 Main Street
AnDREss' 350 Main Street
El Segundo, CA 90245
El Segundo, CA 90245
E -MAIL bplumlee @elsegundo.org
123
(Signature) (Date)
iITC -9R (Rev I1 /00)
SCHEDULE A
PROJECT No: EM0231
PROJECT DESCRIPTION PAGE 1 I
(BACKGROUND
A GENERAL CHARACTERISTICS
El Segundo has a population of 16, 864, with its daytime and early evening population increasing to
approximately 90,000 due to its large influx of commercial/industrial businesses The city, consisting of 5
square miles, is one of 88 cities located within Los Angeles County El Segundo is situated at its northern
base by the Los Angeles International Airport (LAX) and the City of Los Angeles, the Pacific Ocean to the
west, the City of Manhattan Beach (south), the Los Angeles County communities of Del Aire and Holly
Glen, and the City of Hawthorne to the east
B STREET AND HIGHWAYS
The roadway system in El Segundo has over 50 miles of paved roadways 4 freeways running east/west and
north/south traverse the city There are several main boulevards and arterial roads, conforming to a basic grid
plan that connects with roadways of similar nature in those cities and areas bordering El Segundo The
remaining roadways are made up of collector and residential streets
C OPERATING DEPARTMENTS
The Fire Department consists of 65 full -time personal total, including non -sworn personnel There are five!
Divisions Administration, Emergency Services, Environmental Safety, Prevention, and Suppression The
Emergency Services Division is comprised of one full -time staff position, the Emergency Services
Coordinator (ESC) The ESC has responsibility for managing the city's emergency preparedness programs,
maintaining the emergency response planning and procedures, and EOC readiness
D EXISTING SYSTEMS
Public notification is managed primarily through the Community Alert Network or "CAN" system - a phone
based alert network that contacts residents and businesses via telephone in pre - designated grids The other
existing system for alerting motorists are through traffic reports provided commercially owned radio AM and
FM radio stations
IPROBLEM STATEMENT
El Segundo has no current means to provide timely (immediate) notification of hazardous conditions and road)
closures to the thousands of motorists driving throughout El Segundo on a daily basis
El Segundo is unique in its geography — 2/3 of its land mass is zoned for commercial and industrial businesses
that encompass a daily population of over 80,000 people There are significant commercial and industrial
hazards — a major oil refinery, a chemical manufacturing facility, the Hyperion Sanitation Facility (one of the
largest facilities of its kind in the United States), Scattergood Power Plant, and the 41h largest airport in the
United States (Los Angeles International Airport - LAX) Sepulveda Blvd (State Highway 1) runs right
through the heart of El Segundo as a north -south corridor It carries millions of motorists each year between the
Los Angeles International Airport and the South Bay cities It is the primary artery for the South Bay and'
primary access to LAX The Office of Traffic Safety is requested to fund the installation of a low power radio
OTS -38b (Rev 10/99) 1 2 4
SCHEDULE A
PROJECT No: EM0231
{ PROJECT DESCRIPTION PAGE 2
system that will rapidly notify the driving public of any potential road and /or hazardous conditions The low
power radio system can adequately provide routine public information, road conditions, and emergency notices
specific to the City of El Segundo
In 1999 and 2000, over 11 major incidents occurred where the low power radio system could have been put to
essential use to immediately warn and alert the motoring public In 2001, the State's Energy Crisis, prompted
widespread power blackouts on major intersections on 5 separate occasions between January and July 2001 —
creating gridlock of major travel routes, and widespread confusion of motorists for several hours, and
compounded the need for a programmable radio system to alert the public of rapidly changing driving
conditions
The City of El Segundo's " per - thousand - daily- vehicle - miles -of- travel" ranking for total fatal collisions is 75 of
99 in its population category This means 24 cities of similar size had lower total fatal and injury collision rates
The City of El Segundo "per 1,000 population" ranking for speed related collisions is 20 of 99 cities in its
population category. This means 79 cities of similar size had lower speed related collision rates
The City of El Segundo "per 1,000 population" ranking of collision with pedestrians over 65 years is 4 of 99
cities in its population category This means 95 cities of similar size had lower rates for collisions involving
pedestrians over 65 years of age
• 1 of 99 identifies the city with the highest collision rate
• 99 of 99 identifies the city with the highest collision rate
• El Segundo's 1999 average population was 16,725
• 99 cities in California have populations between (1 and 24,999)
Fatal and Injury Collision Type:
Per 1000 Daily
Vehicle Miles of
Travel
Per 1000
Population
Total Fatal and Injury
75/99
20/99
Alcohol Involved
51/99
20/99
HBD Driver <21
43/99
25/99
Hit & Run
53/99
14199
Pedestrians
55/99
19/99
Pedestrian 65+
20/99
04/99
Bicycle
79/99
55/99
Speed Related
45/99
12/99
Composite*
53/99
13/99
* Average of all collision categories
OTS 38b (Rev 10/99) J 2 5
SCHEDULE A
PROJECT No: EM0231
I PROJECT DESCRIPTION PAGE 3
SEGMENTS
January 1, 2000— December 31, 2000
Injury
Collisions
Alcohol
Related
Speed
Related
Hit/Run
Related
Ped
Related
Pad
Ped
<15
Ped
<65
1 Sepulveda Boulevard / Manposa Street
9
3
1
2 Sepulveda Boulevard / El Segundo Boulevard
8
2
3
1
3 Aviation Boulevard / El Segundo Boulevard
8
4 Sepulveda Boulevard / Maple Avenue
7
1
5 Sepulveda Boulevard / Grand Avenue
5
6 Douglas Street / El Segundo Boulevard
4
1
4
7 Douglas Street / Rosecrans Avenue
4
1
B Main Street! Manposa
4
9 Sepulveda Boulevard / Rosecrans Avenue
3
2
10 Sepulveda Boulevard / Walnut Avenue
3
2
1
The low power radio system will attempt to increase awareness by providing continuous pre- recorded safety
messages to motorists by alerting them of hazardous conditions, road construction, and providing reminders to
drive safely, comply with collision regulations to reduce hit & run incidents, drive within posted and basic
speed laws, "right -of -way" messages to increase awareness and be alert for pedestrians, bicyclists, and
skateboarders In the City of El Segundo, the following collision types occurred in 2000
Total Fatal & Injury Collisions — 77 Total
• Fatal Collisions (pedestrian) — 2
• Alcohol Related Collisions — 14 (4 injuries)
• Speed Related Collisions w /injury — 20
• Pedestrian Related Collisions — 8 (non - injury)
• Hit & Run Related Collisions — 61 (9 injuries)
ATTEMPTS TO SOLVE THE PROBLEM
The following is a summary of the various efforts that have been made by the Police and Fire Departments to
deal with the problem
1 The Police Department has three motor officers assigned to traffic enforcement and conducts random
DUI checkpoints
2 The Fire Department has participated in programs with the community to increase awareness of the
hazards in our area, use of the "CAN" system, and has partnered with local entities in the Community
Awareness and Emergency Response (CAER) program to educate the community
3 The Police and Fire Departments have developed a comprehensive plan to respond to blackout situations
and provide relief to grid locked intersections when signaling devices fail under blackout conditions
4 The Department of Public Works has placed signs in areas of road construction, and areas where traffic
may be impeded
OTS -39b (Re= 10199) 126
SCHEDULE A
PROJECT NO: EM0231
PROJECT DESCRIPTION PACE 4
5 The Police and Fire Departments routinely provide information to the community alerting them of
compliance issues with the California Vehicle Code as it relates to emergency vehicles and right -of -way
PROJECT GOALS
1 To decrease pedestrian deaths and injuries by collisions overall by 50% from the 2000 base total of 2 to 1 in
one year after installation of the radio system (by 11130/02)
2 To decrease collisions overall by 10% from the 200 base year total of 77 to 70 by 11/30/02
PROJECT OBJECTIVES
t To increase the awareness of motorists related to road conditions, hazards (speed, pedestrians, haz -mat
conditions) through the use of pre- recorded traffic safety messages broadcast from the low power radio
station
2 To provide a mechanism to immediately alert motorists and community of emergent & hazardous
conditions, and provide emergency evacuation routing information to motorists
3 To decrease the exposure of motorists to hazardous materials by re- routing motorists out of areas where'
potentially hazardous chemical releases when they are occurring (refineries and chemical manufacturing
facilities)
4 To ease traffic congestion and provide direction to motorists through information, coordination, detours for
motorists in road construction areas, and areas where public safety officials are working in long term
incidents (greater than 2 hours)
5 To provide emergency information to motorists in periods of blackouts at key intersections
6 To establish licensing through FCC for low power radio station by March 31, 2002
7 To identify a contractor for purchase and installation of radio system by March 31, 2002
8 To identify 5 key locations for signage in coordination with the Director of Public Works by June 30, 2002
9 To identify at least 10 other potential sign installation sites in coordination with Caltrans and the City of El
Segundo Department of Public Works by September 30, 2002
10 To install a complete radio system and complete related tests by September 30, 2002
11 To complete the installation of signage at major travel routes and intersections by November 30, 2002
1?"
OTS -38b (Rey 10199)
SCHEDULE A
PROJECT No: EM0231
PROJECT DESCRIPTION PAGE 5 1
12 To initiate a public awareness campaign (through Community Cable, schools, newspapers, and brochures)
emphasizing the radio system's objectives in improving awareness through traffic safety messaging by June
30, 2002
13 To establish a committee of public and private entities for developing scripted messaging and traffic safety
alerts by June 30, 2002
14 To establish and implement activation policies and procedures by August 31, 2002
15 To issue a press release (news) release announcing the grant by March 31, 2002
16 To activate the system and provide services by September 30, 2002
17 To compile quarterly data and measure awareness and effectiveness of system
18 To install flashing alerting devices in coordination with local entities to improve the effectiveness of the
emergency warning system to motorists by September 30, 2002
19 To develop pre - recorded emergency information, evacuation, traffic safety messages, and public education
materials for the radio system in coordination with the committee and Community Cable staff by September
30, 2002
METHOD OF PROCEDURE
Phase 1 — Program Preparation (December 1, 2001 to March 31, 2002)
The Project Director will identify a qualified vendor that can provide and assist with the installation of a low
power AM radio station
The Project Director will seek application and approval for FCC licensing of the low power AM radio station
The Project Director will establish a committee, comprised of representatives from the Public Works, Police,
Fire, and Planning Departments to identify an installation site(s), and location for the placement of signage to
alert motorists when the system in installed, and assist in developing the information materials needed to
publicize the radio system
The committee shall develop and approve a comprehensive procedure manual for use in determining how and
when the system shall be utilized, which includes those staff authorized to provide information and access the
system
Phase 2 — Working Phase (April 1, 2002 to June 30, 2002)
We will procure and provide for the installation and testing of the low power AM radio station
128
OTS 48b (Rev 10/99)
SCHEDULE A
PROJECT No: EM0231
PROJECT DESCRIPTION PAGE 6 I
The Project Director will develop pre- recorded emergency information, evacuation, traffic safety messages, and
public education materials for the radio system in coordination with the committee and Community Cable staff
The Project Director will coordinate the delivery and coordination of training for staff assigned to maintain and
operate the equipment
Phase 3 — Public Information and Awareness (April 1, 2002 to November 30, 2002 and throughout grant
period)
Distribute information material related to the radio system at public events Fire Safety Days, Heritage Day,
Super CPR Saturday, Richmond Street Fair, City Council, and CAER Meetings
Distribute information via Community Cable, El Segundo Herald, and other news outlets
Phase 4 — Implement Community Alert ProiEct (ESCAPE) (July 1, 2002 to September 30, 2002)
(throughout Project Period)
Complete installation, testing, and placement of signage for the AM radio station
Begin public information campaign to educate the public and community of the radio system, how it works,
what it does, and goals & objectives of the program The publicity campaign will be done in coordination with
the Office of Traffic Safety under the terms of the agreement
Phase 5 — Data Gathering & Analvsis (July 1, 2002 to November 30, 2002)
The Project Director, in coordination with the Police Department, Traffic Division, will compile monthly
collision data and provide quarterly reporting to the Office of Traffic Safety
The Project Director will also poll the community to assess the awareness and use of the system, through
mailings, and the City's Internet site, which will be operational by the end of 2001
Phase 6 — Final Report and Executive Summary (December 1, 2002 to January 31, 2003)
Begm the Final Report and Executive Summary in accordance with OTS requirements specified in the Grant
Program Manual, Chapter 7 Both will be submitted to OTS within 60 days after the grant ends
METHOD OF EVALUATION
Using the data compiled, the Project Director will evaluate (1) how well the stated project goals(s) and
objectives were accomplished, (2) if all the activities outlined in the Method of procedures were performed in
accordance with the grant agreement, and (3) was the project cost effective?
129
OTS 38b (Re, 10/99)
SCHEDULE A
PROJECT No: EM0231
I PROJECT DESCRIPTION PACE 7 1
STATEMENT OF INTENT
It is the intent of the City of El Segundo to absorb the entire costs related to the maintenance and operation of
the equipment funded through the grant project after the expiration date
The City of El Segundo will operate the equipment in accordance with the rules established by the Federal
Communications Commission (FCC)
130
OTS- 38b (Rev 10(99)
SCREDULE B -1
PROJECT No. EM0231
BUDGET NARRATIVE Page 1
PERSONNEL COSTS
There are no applicable personnel costs associated with the grant
TRAVEL EXPENSE
There are travel expenses applied in the amount of $700 00 for in -state travel to the 2002 OTS Traffic Summit
associated with the grant project
NON- EXPENDABLE PROPERTY
The City of El Segundo Fire Department will purchase a low power AM Radio Station, which includes
installation of an antenna system, transmitter, and electrical supply
OTHER DIRECT COSTS
The City of El Segundo Fire Department will purchase through a contractor, the services to conduct a Federal
Communications Commission (FCC) frequency search and apply for frequency allocation for the low power
AM Radio Station
The City of El Segundo Fire Department will purchase through a contractor, the services to prepare and
complete the Federal Communications Commission (FCC) licensing and application process
The City of El Segundo Fire Department will purchase through a contractor, installation services for the radio
station - including, but not limited to
• The identification of a suitable location of the low power AM Radio Station antenna,
• Installation of the electrical conduit and power supply,
• Installation of an antenna, tuning and configuration,
• Placement of a radio station transmitter
PROGRAMINCOME
There is no anticipated program income associated with the grant project If such income is generated, it will
revert to the City of El Segundo's General Fund and is not available to the El Segundo Fire Department
131
OTS 38f (Rev I0/99)
SCHEDULE A -1
PROJECT No.: EM0231
ADMINISTRATIVE SUPPORT STATEMENT — Explain what type of priority this project has in your jurisdiction
The City Council of El Segundo has endorsed this project by Resolution and by budgeting funds as shown
below in support of this program The Police and Fire Chief's are dedicated to the goal of improving the safety
of the community, reducing injuries and fatalities associated with traffic, and other hazardous conditions, and
fully intend to meet the goals and objectives of this project
AGENCY CONTRIBUTION — Explain what services or funds are being contributed by your agency in support of this project
The City of El Segundo will provide the labor and time of the Emergency Services Coordinator in managing
this project The Public Works staff will assist in the placement, construction, design, and installation of signs
at various locations throughout our community General Services staff will assist in the installation, wiring, and
setup of the radio system
CONTRIBUTED ITEM % FY -1 FY -2 FY -3
(10 months) (2 months)
Emergency Services Coordinator — Project Director 15% $673444 $134688 N/A
($28 06 Hourly / 15% Time Contribution)
Signage & Installation 100% $500000 N/A N/A
Electricity 100% $120000 $30000
Publicity & Public Information 100% $25000 $250.00 N/A
TOTAL AGENCY CONTRIBUTION $13,18444 $1,89688
132
OTS -38c (Rev 10/99)
SCHEDULE B
PAGE 1
DETAILED BUDGET ESTIMATE
PROJECT No EM0231
133
FISCAL YEAR ESTIMATES
COST CATEGORY
FY -1
FY -2
FY -3
FY -4
12/01/01-
10/01/02-
TOTAL COST
TO PROJECT
A PERSONNEL COSTS
09/30/01
11/30/02
Positions and Salaries
NOT APPLICABLE
$000
$000
$000
000
000
000
000
000
000
000
000
Employee Benefits @
000
Category Sub -Total
$0.00
$0001
$0001
$0.001
$0.00
8 TRAVEL EXPENSE
IN -STATE (OTS SUMMIT)
$70000
$000
$70000
000
000
Category Sub -Total
$700001
$0001
$0.00
$0 00
$700.00
C CONTRACTUAL SERVICES
NOT APPLICABLE
$000
$000
000
000
Category Sub -Total
$0001
$0 00
$0 00
$0 00
$0 00
133
SCHEDULE B
PAGE 2
DETAILED BUDGET ESTIMATE
PROJECT No. EM0231
134
OTS -33e (Rev 10/99)
FISCAL YEAR ESTIMATES
COST CATEGORY
FY -1
FY -2
FY -3
FY -4
TOTAL COST
12101/01-
10/01/02-
TO PROJECT
D NON - EXPENDABLE PROPERTY
09/30/01
11/30/02
Low Power AM Radio Station
$15,01000
$000
$15,01000
Tax (8 00 %)
1,50000
000
1,50000
000
000
Category Sub -Total
$16,510.00
$0.00
$0.00
$0.00
$16,510.00
E OTHER DIRECT COSTS
Installation - Antenna & Electrical
$5,00000
$000
$5,00000
FCC Frequency Search & Allocation
29500
000
29500
FCC Licensing and Application
49500
000
49500
000
000
000
000
000
000
000
Category Sub-Totall
$5,790001
$0001
$0.001
$0.00
$5,79000
F INDIRECT COSTS
NOT APPLICABLE
$0001
$000
$000
Category Sub -Total
$0001
$0.00
$0 00
$0001
$0.00
PROJECT TOTAL
$23,000.001
$0001
$0.00
$0.001
$23,000.00
134
OTS -33e (Rev 10/99)
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING. New Business, Police Department
AGENDA DESCRIPTION,
Introduction of two Ordinances amending Title 7 Chapter 5 of the El Segundo Municipal
Code in Its entirety regarding Curfew regulations
RECOMMENDED COUNCIL ACTION:
Introduce the Ordinances and waive first reading. Second reading and adoption would
occur on November 20, 2001
BACKGROUND & DISCUSSION.
Earlier this year, the City Council requested that the City Attorney and El Segundo
Police Department review and revise Title 7 of the El Segundo Municipal Code
regarding Daytime and Nighttime Curfews The City Attorney's office has completed
revising Title 7 Chapter 5
ATTACHED SUPPORTING DOCUMENTS.
Draft Ordinances
Operating Budget None
Amount Requested* None
Account Number: None
Project Phase
Appropriation required.
ORIGINATED DATE:
Mark D��jjHeensley, City Attorney
acZ ar ief
REVIEWED PY DATE,
Mary t nn, City Manager l°l11j
135 22
10/24/01 1 02 PM
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO AMENDING TITLE 7 CHAPTER 5 OF
THE EL SEGUNDO MUNICIPAL CODE ENTITLED
"CURFEW" IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
FOLLOWS
SECTION 1 The El Segundo City Council finds, determines and declares that
A The City Council is concerned with the level of juvenile violence, juvenile
gang activity, and juvenile crime in the City,
B Persons under the age of 18 are particularly susceptible by their lack of
maturity and experience to participating in unlawful and gang - related activities and to be
victims of older perpetrators of crime,
C The City of El Segundo has an obligation to provide for the protection of
minors from each other and from other persons and for the protection of the general
public, and for the reduction of the incidence of juvenile criminal activities,
D The incidence of juvenile truancy that plagues our schools creates a burden
upon the health, safety and welfare of the community;
E Students who are absent from school are denied an education,
F Unexcused absences result in a loss of state and federal funding to the
detriment of all students,
G Unsupervised students may involve themselves in unsafe activities by
remaining in residential neighborhoods, businesses, or industrial centers,
H Some unsupervised students may become a burden on police who must
return them to school, wait for parents to pick them up, and investigate any and all
criminal activity related to the student's truancy,
A Daytime juvenile curfew will promote the public health, safety, and general
welfare,
J This Ordinance is not intended to, nor should it be construed to, supplant
Education Code § 48260 which regulates the conduct of truants,
1 I F;
LA #73295 Daytime Curfew Ordinance Ordinance No
Page No 1
K The City Council has considered the outcome of the Superior Court case
captioned Harrandl v City of Monrovia, LASC Case No BC 170089, which upheld the
constitutionality of the daytime curfew ordinance enacted by the City of Monrovia In
addition, the City Council recognizes the well - recognized ability of public entities to
establish curfews for minors in order to protect public health, safety, and property,
L Based upon the foregoing, the City Council believes that it is in the public
interest to adopt a daytime curfew for the purpose of protecting public health, safety,
and property including, without limitation, the safety of minors
SECTION 2 Title 7 Chapter 5 of the El Segundo Municipal Code ( "ESMC ")
entitled "CURFEW" is amended in its entirety to read as follows
Chapter 5
DAYTIME CURFEW
SECTIONS:
7 -5 -1
Purpose
7 -5 -2
Definitions.
7 -5 -3
Offenses.
7 -5-4
Defenses.
7 -5 -5
Enforcement.
7 -5 -6
Penalties.
7 -5 -7
Cost Recovery.
7 -5 -1 Purpose.
This daytime curfew is established pursuant to the City's police powers for the
purpose of preserving and promoting the public health safety and welfare and, in
particular, to protect minors
7 -5 -2 Definitions.
Unless the context clearly indicates otherwise, the terms used in this Chapter will
be defined as follows
A "CURFEW HOURS" means 8 30 a.m until 1 30 p m Monday through Friday
B "EMERGENCY" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action The term includes, without limitation, a
fire, a natural disaster, or automobile accident, or any situation requiring immediate
action to prevent serious bodily injury or loss of life
LA #73295 Daytime Curfew Ordinance
Ordinance No
Page No 2
138
117
C "ESTABLISHMENT' means any privately -owned place of business operated
for a profit to which the public is invited, including, without limitation, any place of
amusement or entertainment
D "GUARDIAN" means a person who, under court order, is the guardian of the
person of a minor or a public or private agency with whom a minor has been placed by
a court
E "MINOR" means any person under 18 years of age
F "OPERATOR" means any individual, firm, association, partnership, or
corporation operating, managing or conducting any establishment The term includes
the members or partners of an association or partnership and the officers of a
corporation
G 'RESPONSIBLE PERSON' means a person who is a natural parent,
adoptive parent, or step - parent of a minor, or at least 18 years of age and authorized by
a minor's parent or guardian to have the care and custody of that minor
H "PUBLIC PLACE" means any place to which the public or a substantial group
of the public has access and includes without limitation to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops
I 'REMAIN' means to linger or stay or fail to leave premises when requested to
do so by a police officer or the owner, operator, or other person to control of the
premises
J "SERIOUS BODILY INJURY" means bodily injury that creates a substantial
risk of death or that causes death, serious permanent disfigurement, or protracted loss
or impairment of the function of any bodily member or organ.
7 -5 -3 Offenses.
It is unlawful for a minor to remain in any public place or on the premises of any
establishment within the city during daytime curfew hours
7 -5-4 Defenses.
It is a defense to prosecution under this Chapter that a minor was
A Accompanied by a Responsible Person,
B On an errand at the direction of a Responsible Person, without any detour or
stop,
139
LA #73295 Daytime Curfew Ordinance Ordinance No
Page No 3
C Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop,
D Involved in an emergency,
E Attending an official school, religious, or other recreational activity supervised
by adults and sponsored by the City of El Segundo, a civic or religious
organization, or another similar entity, which takes responsibility for the minor,
or going to or returning home from, without any detour or stop, such
supervised activity;
F Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right to peaceably assemble,
G Emancipated pursuant to law,
H In a motor vehicle involved in interstate travel,
Allowed to leave campus for lunch or a school - related activity and has in
his /her possession a valid, school - issued, off - campus permit or is supervised
by school personnel,
Accompanied by a Responsible Person or has in his /her possession a written
excuse from a Responsible Person, which provides a reasonable explanation
for the minor's absence from school,
K Not subject to compulsory education or to compulsory continuation education
pursuant to the California Education Code or when the minor is authorized to
be absent from his or her school pursuant to the provisions of California
Education Code Section 48205, or any other applicable State or federal law,
or
L Not in school because the minor's school is not in session This defense is
not applicable if the minor remains in the public areas in the immediate
vicinity of another school that is in session
7 -5 -5 Enforcement.
Before taking any enforcement action under this section, a police officer will ask
the apparent offender's age and reason for being in the public place or establishment
The officer will not issue a citation under this section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other
circumstances, no defense in this Chapter exists
140
LA #73295 Daytime Curfew Ordinance Ordinance No
Page No 4
7 -5 -6 Penalties.
A Each violation of this Chapter will constitute a separate offense and will be
an infraction Police officers will be authorized to issue a citation for the offender to
appear in a juvenile traffic court of competent jurisdiction, issue a notice to appear in
court pursuant to California Welfare and Institutions Code Section 256, or to file a
juvenile application for a petition to be filed under Section 601 or 602 of the California
Welfare and Institutions Code, at the police officer's discretion
B A minor cited for an infraction under this Chapter must attend a court
hearing on the infraction and must be accompanied at the hearing by a Responsible
Person(s). If a Responsible Person(s) fails to attend the hearing with the minor, and
unless the interests of justice would otherwise be served, the court will continue the
hearing and will issue a citation to the Responsible Person(s) directing said person(s) to
appear at the continued hearing with the minor
C Persons convicted of violating this Chapter may be fined one hundred
dollars ($100 00) for the first offense within a one -year period, two hundred dollars
($200 00) for the second offense within a one -year period, and five hundred dollars
($500 00) for the third offense within a one -year period Persons convicted may, in
addition or alternatively be required to perform community service for a total time not to
exceed ten (10) hours over a period not to exceed thirty (30) days, during times other
than his or her hours of compulsory school attendance or employment The court may
continue the imposition of the sentence described herein and if, after sixty (60) days, the
minor has had no unexcused absences from school during that period, and the minor
produces proof of that fact to the court, the court will cause the imposition of the
sentence to be set aside
D Notwithstanding any other provisions of this Code, if the City Council
adopts a resolution to implement cost recovery in accordance with this Chapter, the
police officer will issue a warning citation for a minor's first violation of this Chapter in
accordance with California Welfare and Institutions Code section 625 5 and any
provisions of that City Council Resolution Warning citations issued in accordance with
this subsection will not be counted as a violation of this Chapter for the purpose of
determining the amount of fines for infraction violations
7 -5 -7 Cost Recovery.
A minor who violates this Chapter and the Responsible Person(s) of such a
minor, will be jointly and severally liable for the costs of the law enforcement services as
provided in Welfare and Institutions Code section 625 5 Pursuant to Welfare and
Institutions Code section 625 5, this section will be implemented by City Council
Resolution
SECTION 3 Severabdity If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or
LA #73295 Daytime Curfew Ordinance Ordinance No l 4 1
Page No 5
unconstitutional by the decision of any court of competent jurisdiction, such decision will
not affect the validity of the remaining portions of this Ordinance The City Council
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 The City Clerk will certify to the passage of this ordinance and will
cause the same to be published as required by law
SECTION 5 This Ordinance will become effective thirty (30) days following its
adoption
PASSED AND APPROVED this day of 20
MAYOR
ATTEST
CITY CLERK
142
LA #73295 Daytime Curfew Ordinance Ordinance No
Page No 6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the
foregoing Ordinance No was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the day of
, 20 That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the day of
20_, by the following vote, to wit
AYES COUNCILMEMBERS.
NOES COUNCILMEMBERS
ABSENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS'
APPROVED AS TO
Mark D Hensley&
M
'karl H Berger
Assistant City
CITY CLERK
]43
LA #73295 Daytime Curfew Ordinance Ordinance No
Page No 7
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO ADDING CHAPTER 5 5 TO THE EL
SEGUNDO MUNICIPAL CODE ENTITLED NIGHTTIME
CURFEWS
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
FOLLOWS
SECTION 1 The El Segundo City Council finds, determines and declares that
A The City Council is concerned with the level of juvenile violence, juvenile
gang activity, and juvenile crime in the City,
B Persons under the age of 18 are particularly susceptible by their lack of
maturity and experience to participating in unlawful and gang - related activities and to be
victims of older perpetrators of crime,
C The City of El Segundo has an obligation to provide for the protection of
minors from each other and from other persons and for the protection of the general
public, and for the reduction of the incidence of juvenile criminal activities,
D Unsupervised minors may involve themselves in unsafe activities by
remaining in residential neighborhoods, businesses, or industrial centers,
E Some unsupervised minors may become a burden on police who must, wait
for parents to pick them up or return them to parents, and investigate any and all related
criminal activity,
F A nighttime juvenile curfew will promote the public health, safety, and general
welfare,
G The City Council has considered the outcome of Nunez v City of San Diego
(9th Cir 1997) 114 F 3d 935, which established minimum requirements for protecting
minors' constitutional rights in nighttime curfew ordinances
H Based upon the foregoing, the City Council believes that it is in the public
interest to adopt a nighttime curfew for the purpose of protecting public health, safety,
and property including, without limitation, the safety of minors
SECTION 2 Chapter 5 5 is added to Title 7 of the El Segundo Municipal Code
( "ESMC ") to read as follows
LA #39508 v2 Nighttime Curfew Ordinance Ordinance No f 4 4
Page No 1
Chapter 5.5
NIGHTTIME CURFEWS
SECTIONS:
7 -5.5 -1
Purpose.
7 -5.5 -2
Definitions.
7 -5.5 -3
Offenses.
7 -5.5 -4
Defenses.
7 -5.5 -5
Enforcement.
7 -5.5 -6
Penalties.
7 -5.5 -7
Cost Recovery.
7 -5.5 -1 Purpose
This nighttime curfew is established pursuant to the City's police powers for the
purpose of preserving and promoting the public health, safety and welfare and, in
particular to protect minors
7 -5.5 -2 Definitions.
Unless the context clearly indicates otherwise, the terms used in this Chapter will
be defined as follows
A "CURFEW HOURS" means 10 00 p m until sunrise of the following day
B "EMERGENCY" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action The term includes, without limitation, a
fire, a natural disaster, or automobile accident, or any situation requiring immediate
action to prevent serious bodily injury or loss of life
C "ESTABLISHMENT" means any privately -owned place of business operated
for a profit to which the public is invited, including, without limitation, any place of
amusement or entertainment
D "GUARDIAN" means a person who, under court order, is the guardian of the
person of a minor or a public or private agency with whom a minor has been placed by
a court
E "MINOR" means any person under 18 years of age
F "OPERATOR" means any individual, firm, association, partnership, or
corporation operating, managing or conducting any establishment The term includes
the members or partners of an association or partnership and the officers of a
LA #39508 Q Nighttime Curfew Ordinance
Ordinance No
Page No 2
145
corporation.
G "RESPONSIBLE PERSON" means a person who is a natural parent,
adoptive parent, or step - parent of a minor, or at least 18 years of age and authorized by
a minor's parent or guardian to have the care and custody of that minor.
H "PUBLIC PLACE" means any place to which the public or a substantial group
of the public has access and includes without limitation to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops
I "REMAIN" means to linger or stay or fail to leave premises when requested to
do so by a police officer or the owner, operator, or other person in control of the
premises
J "SERIOUS BODILY INJURY" means bodily injury that creates a substantial
risk of death or that causes death, serious permanent disfigurement, or protracted loss
or impairment of the function of any bodily member or organ
7 -5.5 -3 Offenses
It is unlawful for a minor to remain in any public place or on the premises of any
establishment within the city during nighttime curfew hours
7 -5.5 -4 Defenses
It is a defense to prosecution under this chapter that a minor was
A Accompanied by a Responsible Person,
B On an errand at the direction of a Responsible Person, without any detour or
stop,
C Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop,
D Involved in an emergency,
E On the sidewalk abutting the minor's residence or abutting the residence of a
next -door neighbor if that neighbor or other neighborhood resident did not
complain to the police department about the minor's presence
F Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of El Segundo, a civic or
religious organization, or another similar entity, which takes responsibility for the
minor, or going to or returning home from, without any detour or stop, such
146
LA #39508 v2 Nighttime Curfew Ordinance Ordinance No
Page No 3
supervised activity,
G. Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right to peaceably assemble,
H Emancipated pursuant to law, or
In a motor vehicle involved in interstate travel
7 -5.5 -5 Enforcement.
Before taking any enforcement action under this section, a police officer will ask
the apparent offender's age and reason for being in the public place or establishment
The officer will not issue a citation under this section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other
circumstances, no defense in this Chapter exists
7 -5.5 -6 Penalties.
A Each violation of this Chapter will constitute a separate offense and will be
an infraction Police officers will be authorized to issue a citation for an offender to
appear in a juvenile traffic court of competent jurisdiction, issue a notice to appear in
court pursuant to California Welfare and Institutions Code Section 256, or to file a
juvenile application for a petition to be filed under Section 601 or 602 of the California
Welfare and Institutions Code, at the police officer's discretion
B A minor cited for an infraction under this Chapter must attend a court
hearing on the infraction and must be accompanied at the hearing by a Responsible
Person(s) If a Responsible Person(s) fails to attend the hearing with the minor, and
unless the interests of justice would otherwise be served, the court will continue the
hearing and will issue a citation the Responsible Person(s) directing said person(s) to
appear at the continued hearing with the minor
C Persons convicted of violating this Chapter may be fined one hundred
dollars ($100 00) for the first offense within a one -year period; two hundred dollars
($200 00) for the second offense within a one -year period, and five hundred dollars
($500 00) for the third offense within a one -year period Persons convicted may, in
addition or alternatively, be required to perform community service for a total time not to
exceed ten (10) hours over a period not to exceed thirty (30) days, during times other
than his or her hours of compulsory school attendance or employment The court may
continue the imposition of the sentence described herein and if, after sixty (60) days, the
minor has had no unexcused absences from school during that period, and the minor
produces proof of that fact to the court, the court will cause the imposition of the
sentence to be set aside
147
LA #39508 v2 Nighttime Curfew Ordinance Ordinance No
Page No 4
D Notwithstanding any other provisions of this Code, if the City Council
adopts a resolution to implement cost recovery in accordance with this Chapter, the
police officer will issue a warning citation for a minor's first violation of this Chapter, in
accordance with California Welfare and Institutions Code section 625 5 and any
provisions of that City Council Resolution Warning citations issued in accordance with
this subsection will not be counted as a violation of this Chapter for the purpose of
determining the amount of fines for infraction violations
7 -5.5 -7 Cost Recovery.
A minor who violates this Chapter and the Responsible Person(s), will be jointly
and severally liable for the costs of the law enforcement services as provided in Welfare
and Institutions Code section 625 5 Pursuant to Welfare and Institutions Code section
625 5, this section will be implemented by City Council Resolution
SECTION 3 Severability 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 will
not affect the validity of the remaining portions of this Ordinance The City Council
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 The City Clerk will certify to the passage of this ordinance and will
cause the same to be published as required by law
SECTION 5 This Ordinance will become effective thirty (30) days following its
adoption
PASSED AND APPROVED this _ day of , 20_
MAYOR
ATTEST
CITY CLERK
]48
LA #39508 v2 Nighttime Curfew Ordinance Ordinance No
Page No s
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
I, , City Clerk of the City of El Segundo, do hereby certify that the
foregoing Ordinance No was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the day of
,20 That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the day of
, 20,, by the following vote, to wit
AYES COUNCILMEMBERS.
NOES' COUNCILMEMBERS-
ABSENT- COUNCILMEMBERS-
ABSTAIN COUNCILMEMBERS
APPROVED AS TO
Mark D Henslev. Q
By f`' /`; ' '
Karl H Berger
Assistant City,
f
CITY CLERK
141
LA #39508 v2 Nighttime Curfew Ordinance Ordinance No
Page No 6
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: November 7, 2001
AGENDA HEADING: New Business -
City Manager
AGENDA DESCRIPTION: New Alcoholic Beverage Control (ABC) license for on-
site sale and consumption of alcohol (Type 47 — On -Sale General) at a proposed
restaurant, Fleming's Prime Steakhouse and Wine Bar, to be located at 2301
Rosecrans Avenue, Suite 190 (ABC 01 -1). Applicant. Fleming's Westcoast -I, LP,
Property Owner Continental Development Corporation
RECOMMENDED COUNCIL
Determine that the City does not protest the issuance of the new ABC license for
the sale of beer and wine at the new Fleming's Prime Steakhouse and Wine Bar
BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council
directed staff to bring all future ABC license to them for review The ABC
regulations (Sections 23958 4, 23987, 24013, 24200, and 25612 5) of the Business
and Professions Code require a 30 -day review and comment period, for alcohol
sales at restaurants, after notification of the local police and planning departments
Restaurants are specifically excluded from the ABC regulations which require the
City to make findings of public convenience or necessity in areas of "undue
concentration "
ATTACHED SUPPORTING DOCUMENTS:
1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration"
Calculations — prepared October 22, 2001 by Planning Division
2) 1998 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map —
prepared by Police Records Division
FISCAL IMPACT:
ORIGINATED:
Jack
None
DATE:
, Director of Community, Economic and Development Services
Police
REVIEWED BY:
Mary geenn, City Manager
1C)/31/v 1
DATE:
23
150
ABC 01 -1 Page 2
City Council Staff Report
November 7, 2001
The proposed restaurant would be located In Reporting District (RD) No 319, which
does have an "undue concentration" of licenses and crime (146% above average of
all RD's based on 1998 reporting data) Any protests regarding the Issuance of a
restaurant license must be filed with the ABC during the 30 -day time frame, or 20-
day extension may be requested The City has received formal notice of the ABC
license application from the ABC, and an Administrative Use Permit Application for
the alcohol sales was received by the Planning Division on October 25, 2001 The
Police Department and Department of Community, Economic and Development
Services have no concerns with issuance of the ABC alcohol license
The applicant has indicated verbally that the proposed hours for alcohol sales are
seven days per week between the hours of 8 00 AM and midnight
The ABC review is a completely separate review process from the City's AUP
process, with mandatory findings that are regulated by the State Department of
Alcoholic Beverage Control The ABC runs complete background checks on all
applicants, as well as conducting site inspections, prior to issuance of any type of
license
P \Planning & Building Safety \PROJECTS\ABC\ABC 01 -1 ais doc
151
CITY OF EL SEGUNDO
Types of Alcoholic Beverage Control (ABC) Licenses
Counted Toward "Undue Concentration" Calculations
I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY
License
Number
Type
of Licenses
Type 41
21
On -Sale Beer and Wine Eating Place - Restaurant
Operation Minors Permitted
Type 42
2
On -Sale Beer and Wine Public Premises - Food not
required Minors Not Permitted
Type 47
16'
On -Sale General Bona Fide Eating Place - Restaurant
operation Beer, Wine and Distilled Spirits Minors
Permitted
Type 48
1
On -Sale General Public Premises - Cocktail Lounge
Minors Not Permitted
Type 51
1
Club - Veterans or Other
Type 57
1
Club - Entertainment Allowed
Type 70
1
General Restrictive - Hotel
TOTAL 43
II. OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY
License Number
Type of Licenses
Type 20 7 Off -Sale Beer and Wine
Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits
TOTAL 13
'[Includes new Type 47 license for Fleming's Prime Steakhouse and Wine Bar at 2301 Rosecrans
Avenue]
P \Planning & Building Safety\MISCLABC -CALCS doc
Update 1D122101
'52
CITY OF EL SEGUNDO
City's ABC Licenses
Counted Toward "Undue Concentration" Calculations
(Using 1990 Census Data)
Census Tract 6200 6201
East of Sheldon West of Sheldon - North of El Segundo
Population 6799 8426
On -Sale 1971 11053
County Average 7 Licenses 8 Licenses
On -Sale 1378 1421
El Segundo Ratio 23 Licenses ** 20 Licenses -
"undue concentration" "undue concentration"
Off -Sale 11133 11204
County Average 6 Licenses 7 Licenses
Off-Sale 1.850 1A685
El Segundo Ratio 8 Licenses 5 Licenses - no "undue concentration"
"undue concentration"
* *[Includes proposed Type 41 license for Fleming's Prime Steakhouse and Wine Bar at 2301
Rosecrans Avenue]
P Tlannmg & Bwldmg Safety \MISCL\ABC -CALCS doc
Update 10/22/01
4
153
ABC CRIME AND ARREST STATISTICS
BY REPORTING DISTRICTS (RD)
ilm.
f3D_
PART I CRIMES
ARRESTS
TOTALS
PERCENT +/-
101
35
15
50
92
102
18
13
31
19
103
07
09
16
-38
104
18
04
22
-15
105
10
01
11
-58
106
07
02
09
-65
107
63
32
95
265
108
12
26
38
46
109
04
04
08
-69
110
08
03
11
-58
111
02
17
19
-27
112
30
35
65
150
113
23
26
49
88
114
01
06
07
-73
115
05
05
10
-62
116
01
12
13
-50
201
20
07
27
04
202
08
15
23
-12
203
10
11
21
-19
204
19
09
28
08
205
16
02
18
-31
r 206
15
05
20
-23
207
21
11
32
23
208
24
03
27
04
209
29
11
40
54
210
35
11
46
77 - 15 4
211
30
05
35
35
212
34
18
52
100
301
21
12
33
27
302
25
04
29
12
303
15
15
30
15
304
02
05
07
-73
305
10
08
18
-31
306
08
02
10
-62
307
00
03
03
-88
308
40
20
60
131
309
11
02
13
-50
310
10
01
11
-58
311
18
02
20
-23
312
04
00
04
-85
313
09
09
18
-31
314
61
10
71
173
315
08
07
15
-42
316
14
02
16
-38
317
14
17
31
19
318
27
17
44
69
319
52
12
64
146
320
09
07
16
-38
321
07
00
07
-73
322
08
01
09
-65
323
07
01
08
-69
324
00
12
12
-54
TOTALS
885
487
1372
Number of Report Districts = 52
Average # of Part I Crimes per Reporting District = 17
Average # of Arrests per Reporting District = 9
Average # of Crimes and Arrests per Reporting District = 26
155
15 6
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING. New Business
AGENDA DESCRIPTION
Resolutions, calling for, requesting County Services for, adopting regulations for
Candidates Statement; and ordering a canvass by the City Clerk for the
Municipal Election, April 9, 2002
RECOMMENDED COUNCIL ACTION:
1 Discussion
2 Read Resolutions by title only
3 Adopt Resolutions
BACKGROUND & DISCUSSION
The Municipal Election for two (2) Council Member is to be held April 9, 2002. To
proceed with the regulations set forth by the Government Code, these resolutions
should be adopted before the opening of nominations beginning December 17,
2001 and ending January 11, 2002 (extended date January 16, 2002 if an
incumbent does not file)
ATTACHED SUPPORTING DOCUMENTS-
Draft Resolutions
FISCAL IMPACT.
Operating Budget.
Amount Requested,
Account Number,
Project Phase-
Appropriation Required
$69,800
$63,000
001 - 400 -1302- various
ace
DATE-
/0 O/
/X
�, 157 24
RESOLUTION NO.
A RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION ON
APRIL 9, 2002 AND REQUESTING CONSOLIDATION WITH OTHER
ELECTIONS HELD ON THE SAME DATE.
The City Council of the city of El Segundo resolves as follows
SECTION 1 Pursuant to Elections Code § 10403, the City Council calls for a general
municipal election to be held in the City of El Segundo on Tuesday, April 9, 2002, for the
purpose of electing two members of the City Council to four year terms The exact form of the
questions to be voted on at the election as they should appear on the ballot are as follows
"FOR MEMBER OF THE CITY COUNCIL — Vote for two"
SECTION 2 Pursuant to Election Code § 10403, the City Council requests that the general
municipal election be consolidated with any general district, special district, or other election
held on the same day in the same territory
SECTION 3 The polls will open at 7 a in on election day and remain open until 8 p in
SECTION 4 El Segundo City Hall, located at 350 Main Street in El Segundo, is designated the
Central Counting Place where all ballots of the election will be tallied.
SECTION 5 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 electron
SECTION 6 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2001
Mike Gordon, Mayor
RESOLUTION NO
CALLING A GENERAL MUNICIPAL ELECTION ON APRIL 9, 2002
PAGE NO I
158
ATTEST
Cindy Mortesen, City
APPROVED AS
Mark D Hen i'ey
By.
Karl H Berger,
Assistant Cit ttomey
CERTIFICA
STATE OF 6`ALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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 the said City is five, that the foregoing
resolution, being RESOLUTION NO was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2001, and the same was so passed and adopted by the following vote
AYES
NOES
ABSENT
ABSTENTION.
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2001
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
RESOLUTION NO
CALLING A GENERAL MUNICIPAL ELECTION ON APRIL 9, 2002
PAGE NO 2
159
RESOLUTION NO.
A RESOLUTION REQUESTING THAT THE LOS ANGELES COUNTY
BOARD OF SUPERVISORS PROVIDE ELECTION SERVICES TO THE
CITY FOR THE APRIL 9, 2002 ELECTION.
The City Council of the city of El Segundo resolves as follows
SECTION 1 Pursuant to Elections Code § 10002, the City Council requests that the Los
Angeles County Board of Supervisors assist the City with its local election scheduled for April 9,
2002
SECTION 2. The services requested by the City include the following•
A Computer records of the names and addresses of all eligible registered voters in the
City,
B Furnish printed indices of all eligible voters within the City for use by the precinct
board at polling places,
C Provide additional election equipment and assistance to the City in accordance with
California law
SECTION 3 The City will reimburse Los Angeles County for services performed pursuant to
this request and upon the City's receipt of a County invoice.
SECTION 4 The City Clerk is directed to forward a certified copy of this Resolution to the Los
Angeles Board of Supervisors and the Los Angeles County Clerk's office
SECTION 5 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 12001
ATTEST
Cindy Mortesen, City Clerk
Mike Gordon, Mayor
RESOLUTION NO
REQUESTING THAT THE LOS ANGELES COUNTY BOARD OF SUPERVISORS
PROVIDE ELECTION SERVICES TO THE CITY FOR THE APRIL 9, 2002 ELECTION
PAGE NO 1
O
APPROVED�� //� O
Mark t
By
Karl H Berger,
Assistant City tomey
CERTIFICATION
STATE OF QgdFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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 the said City is five, that the foregoing
resolution, being RESOLUTION NO was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2001, and the same was so passed and adopted by the following vote,
AYES
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2001
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
RESOLUTION NO _
REQUESTING THAT THE LOS ANGELES COUNTY BOARD OF SUPERVISORS
PROVIDE ELECTION SERVICES TO THE CITY FOR THE APRIL 9, 2002 ELECTION
PAGE NO 2
161
RESOLUTION NO. _
A RESOLUTION ESTABLISHING REQUIREMENTS FOR CANDIDATE
STATEMENTS FILED WITH THE CITY CLERK TO BE INCLUDED
WITH VOTER INFORMATION FOR AN ELECTION ON APRIL 9, 2002.
The City Council of the city of El Segundo resolves as follows
SECTION 1 Pursuant to Elections Code § 13307, candidates seeking election to office on
April 9, 2002 may prepare a candidate's statement on forms provided by the City Clerk
SECTION 2 Statements filed in accordance with this Resolution may include the following
A The candidate's name, age, and occupation, and
B A statement consisting not more than two hundred (200) words outlining the
candidate's education and qualifications for office
SECTION 3 The candidate's statement must conform with the following
A It may not identify the candidate's membership in any political party or activity in
partisan political organization,
B It must be uniform in type and size,
C It may not include underlining, italics, asterisks, or other, similar, type of
formatting,
D It must be typewritten using at least a 12 point font;
E It must be filed in the City Clerk's office with a candidate's nomination papers,
F. Although it may be withdrawn during the time for filing nomination papers and
until 5 00 p in the next working day after the close of the nomination period, the
statement may not be changed
SECTION 4 Pursuant to 42 U.S C § 1973aa -1 a , the City Clerk will.
A. Translate all candidate statements into Spanish,
B Make translated copies of candidate statements publicly available,
SECTION 5. Candidates filing a statement must pay to the City the following
RESOLUTION NO
ESTABLISHING REQUIREMENTS FOR CANDIDATE STATEMENTS
PAGE NO I
162
A A fee equal to a candidate's pro rata share of the total actual cost for printing,
handling, translating, and mailing candidate statements
B At the time of filing a statement, the candidate will deposit $695 with the City
Clerk which represents the following estimated costs
The cost of printing the statement in the voter's pamphlet in English
$285,
2 The cost of translating the statement into Spanish $125, and
The cost of printing the statement in the voter's pamphlet in Spanish
$285
C Should a candidate's actual pro rated cost exceed the amount on deposit with the
City Clerk, the candidate will, within thirty (30) days of receiving an invoice, pay the
City Clerk any difference between the deposit amount and the actual cost
D Should a candidate's actual pro rated cost be less than the amount deposited with
the City Clerk, then the City Clerk will refund any overpayment to a candidate within
thirty (30) days after the election
SECTION 6 Candidates may not include any additional materials in the sample ballot package
SECTION 7 The City Clerk is directed to provide a copy of this Resolution to each candidate,
or a candidate's representative, at the time nominating petitions are issued
SECTION 8 This Resolution will remain effective until superseded by a subsequent resolution
SECTION 9 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2001
ATTEST
Cindy Mortesen, City Clerk
Mike Gordon, Mayor
RESOLUTION NO
ESTABLISHING REQUIREMENTS FOR CANDIDATE STATEMENTS
PAGE NO 2
163
APPROVED AS'
Mark D Hens, �,
Karl IT Berger,
Assistant City E
CERTIFICATION
STATE OF CALXFORNIA )
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 the said City is five, that the foregoing
resolution, being RESOLUTION NO was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2001, and the same was so passed and adopted by the following vote
AYES
NOES'
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
.2001
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
RESOLUTION NO
ESTABLISHING REQUIREMENTS FOR CANDIDATE STATEMENTS
PAGE NO 3
164
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY CLERK TO CANVASS THE
GENERAL MUNICIPAL ELECTION ON APRIL 9, 2002.
The City Council of the city of El Segundo resolves as follows
SECTION 1 Pursuant to Elections Code § 10263, the City Clerk is directed to canvass the
election scheduled for April 9, 2002
SECTION 2 The City Clerk will canvass the election in accordance with Election Code §§
15302 -15303
SECTION 3 After completing the canvass, the City Clerk will certify the election results to the
City Clerk pursuant to Election Code § 10263
SECTION 4 This Resolution supersedes all previous resolutions regarding canvassing
SECTION 5 This Resolution will remain effective until superseded by a subsequent resolution
SECTION 6 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2001
ATTEST
Cindy Mortesen, City Clerk
APPROVED
Mark D Hen ttol
By
Mike Gordon, Mayor
RESOLUTION NO
DIRECTING THE CITY CLERK TO CANVASS THE GENERAL
MUNICIPAL ELECTION ON APRIL 9, 2002
PAGE NO 1
165
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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 the said City is five, that the foregoing
resolution, being RESOLUTION NO was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of sand
City, all at a regular meeting of the said Council held on the day of
2001, and the same was so passed and adopted by the following vote
AYES
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
.2001
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
RESOLUTION NO
DIRECTING THE CITY CLERK TO CANVASS THE GENERAL
MUNICIPAL ELECTION ON APRIL 9, 2002
PAGE NO 2
16G
EL SEGUNDO CITY COUNCIL MEETING DATE, November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION- Request for City Council approval to enter Into a lease
agreement with AT &T Wireless to construct and operate a cellular digital packet
data (CDPD) enabled wireless communications facility atop the police
department's communications center
RECOMMENDED COUNCIL ACTION: It is recommended that Council approve
entering into a lease agreement with AT &T Wireless to construct and operate
CDPD enabled wireless communications facility atop the police department's
communications center
This project was previously reviewed for CEQA compliance and a mitigated
declaration was adopted when all preapproved cell sites were accepted (EA No
403)
BACKGROUND & DISCUSSION: On February 16, 1999, Council approved the
purchase and implementation of a mobile digital computer (MDC) system for the
Communications Center project The El Segundo Public Safety Communications
Center came on -line in August 2000 Thereafter, patrol officers began to identify
reception problems with CDPD wireless communications in the western area of
the City
(Continued)
ATTACHED SUPPORTING DOCUMENTS.
Memorandum from Chief of Police to City Manager
Survey conducted by staff of inadequate signal strength of CDPD coverage
Surveys conducted by AT &T of existing CDPD enabled wireless communication
sites providing coverage to El Segundo
Model coverage surveys conducted by AT &T of the proposed CDPD enabled
wireless communications site overlaid on currently existing CDPD enabled sites
providing coverage to El Segundo
Letter from Bruce Cobb of Advanced Electronics
Photo simulations representing various views of the proposed site
Proposed lease agreement
Operating Budget
None
Amount Requested,
None
Account Number,
None.
Appropriation required,
No
O ED- DATE. October 31, 2001
acoh�
19L1
City Manager
/�j
25
1013110/ It 33 AM
167
The lease would be for an initial term of five -years and AT &T would have the
option to three additional five -year terms Although it is common for a wireless
carrier to pay approximately $1,000 a month rent to locate their facilities on
publicly owned property, staff is proposing AT &T not pay any rent Rather, AT &T
would be required to relocate the equipment to other suitable property provided
by the City once during the term of the agreement AT &T estimates the cost of
such relocation at approximately $500,000 Given the length of the lease and the
potential of needing AT &T to relocate its equipment, staff believes that the City is
in the long term in a better financial position by giving up rent in exchange for
AT &T being obligated to relocate the facility
As is detailed in the attached memo from the Chief of Police to the City Manager,
entering into the proposed lease agreement should enhance mobile data
communications for the police department, and also serve a much greater
purpose of improving wireless voice communications for the community
A 1�
10/31101 11 33 AM 1
City of ECSegundo
Inter - Departmental Correspondence
October 29, 2001
To: Mary Strenn, City Manager
From: Jack Wayt, Chief of Police
Subject: Proposed AT &T Wireless Communication Voice /Data Cell Site
PROBLEM
Since opening the El Segundo Public Safety Communications Center in August
2000, police department vehicle mounted Mobile Data Computers (MDCs) have
been unable to dependably receive and transmit data on the west side of the city
This situation is due to the lack of wireless data coverage capability in that area
This lack of reliability causes field officers and dispatch personnel to underutilize
their MDCs This in turn places an undue burden on dispatchers, forcing them to
handle data requests over the air Use of radio airtime for noncritical traffic can
congest and limit the amount of airtime available in the event of an emergency
BACKGROUND
Prior to opening the El Segundo Public Safety Communications Center, police
and fire dispatch services were provided by the South Bay Regional Public
Communications Authority ( SBRPCA) SBRPCA provided the police department
with vehicle mounted Mobile Data Terminals (MDTs) that had the ability to
transmit and receive data only to perform various functions. The MDTs allowed
field officers access to several law enforcement databases, allowed for
computer -aided dispatch, and messaging with dispatch and fellow officers. A
private wireless network utilizing radio frequencies supported the transference of
data for these MDTs The coverage for the use of these terminals was limited to
the size of SBRPCAs private wireless network The city's topography and
environmental factors occasionally affected the reception and transmission of
data
On July 16, 1996, the City Council approved the purchase of a new Records
Management System (RMS) provided by the West Covina Service Group
(WCSG) One of the many determinant factors for selecting this product was the
integration ability with the Computer Aided Dispatch (CAD) and Mobile Data
Computer (MDC) software systems provided by the same group On February 3,
1998, City Council approved staff recommendation to proceed with the multi-
169
phased development of a stand -alone Public Safety Communications Center On
February 16, 1999, Council approved the purchase and implementation of the
MDC system for the Communications Center project Staff identified the MDC
system provided by the WCSG as the equipment best suited to fulfill the needs of
the police department The WCSG mobile data system was designed to operate
as one element of their fully integrated CAD /RMS /MDC combination that was
selected for use in the communications center. Further, a commercial wireless
service provider (AT &T) for Cellular Digital Packet Data (CDPD) technology was
identified for coverage of the police department's mobile data needs
Cellular Digital Packet Data (CDPD) wireless technology is an overlay on existing
cellular voice networks for the transmission of small bursts of data known as
packets at a rate of 19 2 kilobits per second CDPD is currently the fastest
available data transmission technology and the most secure based on a built in
encryption algorithm
Law enforcement agencies have found that using mobile digital computers to
obtain critical information in patrol cars without having to go through radio
dispatchers improves the officers' efficiency, decreases the information delivery
time, and reduces errors Using CDPD to bypass a dispatcher, field officers may
rapidly obtain information directly from local, state and national governmental
databases to check past local contacts, driver's license validity, existing warrants,
and other relevant information that may be of use to an officer in processing a
suspect Additionally, CDPD can act as a backup communications network if the
primary police department radio communications network goes down.
The use of CDPD minimizes the capital outlay of the city, since it is only
necessary to purchase in- vehicle equipment (e g , laptop computers with
modems and software) Rather than the city purchasing an entire
communications network for data transmission, a cellular service provider
provides the network Therefore, the city is not responsible for obtaining radio
frequencies, build -out costs, or network maintenance costs Additionally, AT &T
offers CDPD service on a fixed - priced per vehicle monthly access fee.
The El Segundo Public Safety Public Communications Center came on -line in
August 2000 Thereafter, patrol officers began to identify reception problems with
CDPD wireless communications in the western area of the city, most notably
west of Lomita Street (It should be noted that the lack of a wireless site on the
west side of the city also affects AT &T cellular phone users, since they are
unable to receive a signal allowing them to call out from the area ) These
problem areas were verified by driving to various locations throughout the city
and plotting the signal strength of CDPD coverage by utilizing the MDCs
"Watcher" program Armed with this data, department staff contacted AT &T
engineers for suggestions to resolve the data communication problem AT &T
engineers reviewed the signal strength data, went on a ride -a -long throughout
our community and examined the installation of police fleet's modems /antennas
170
AT &T acknowledged the identified reception problem and made the following
initial recommendations to improve CDPD reception•
• Purchase and install higher gain antennas for each unit
• Loop excess antenna wire loosely in the trunk in the shape of a figure
eight
• Have AT &T technicians ensure that their cell sites providing data
coverage for the city were operating at peak performance
• Research the probability of adding an additional cell site with data
capabilities to service the west side of the city
Since receiving these recommendations, we have purchased higher gain
antennas, addressed the wiring issue, and AT &T has ensured that their sites are
operating properly and are adjusted for peak performance These combined
changes improved our wireless coverage and reliability considerably in many
areas of town, however, did not resolve the poor coverage west of Lomita Street
In early 2001, police department staff contacted AT &T to discuss the feasibility of
erecting a cell site on the west side of the city to improve wireless data coverage
During the course of discussion, it was determined that AT &T was attempting to
locate a site on the west side of the city for wireless voice coverage only to be
included in their 2002 budget Additionally, police department staff learned that
the police department budding had been pre- approved by the city Planning
Department as a wireless communications facilities site It was proposed that
AT &T consider erecting a wireless communications facility atop the police
department's communications center in their 2001 budget with the assurance
that it be CDPD enabled Informational negotiations for such a site have been
ongoing with AT &T since that time
AT &T's proposed wireless communications facility would consist of the following
the lease of approximately 338 sq ft of rooftop space of the police department's
communications facility to include an 11' x 7' equipment cabinet, a 200 amp
electrical service, and 4' panel antennas, mounted in three sectors, with four
panels per sector, for a total of 12 panel antennas
AT &T initially proposed a rent payment of $1000 per month to the city However,
staff expressed a concern regarding the possibility of having to relocate the
proposed communications facility in the future. AT &T estimated the cost of such
relocation at $500,000 Thereafter, staff proposed waiving the rent payment upon
AT &T's agreement to accept the cost of relocating the proposed communications
facility once during the term of the agreement Any additional relocations would
be at the city's expense.
AT &T has conducted a number of surveys to determine compatibility of a CDPD
enabled wireless communications facility at the police department
171
• Survey of existing CDPD enabled wireless communication sites providing
coverage to El Segundo
• Model coverage survey of the proposed CDPD enabled wireless
communications site overlaid on the CDPD enabled sites currently in
existence providing coverage to El Segundo
• Shared site interference survey and addendum
• Architectural and structural plans for the proposed project
• Structural engineering calculations survey
• Photo simulations representing various views of the proposed site
Bruce Cobb, a systems engineer, for Advanced Electronics of Gardena, Calif
has reviewed the existing and proposed CDPD surveys (Advanced Electronics
have been the police department's two -way radio service provider for many
years ) It is Mr Cobb's opinion that MDC coverage will expand beyond the areas
shown This is based on the fact that such studies are conducted to determine
cellular phone coverage Cellular phones operate at low power (approximately
1 5 watts) versus the police department MDCs that operate at approximately 5
watts, This power increase and superior antenna efficiency allow the MDCs to
receive signal strength at greater distances than a lower power device However,
topography and environmental factors can still affect the coverage area, i e , it is
unlikely that MDC coverage will be received along Vista Del Mar or Imperial
Highway north of Sheldon Street due to hill ridgelines
Mr Cobb also reviewed the shared site interference survey It is his opinion that
there is nothing to suggest any radio interference between existing police
department frequencies and the proposed wireless communications facility
The City Attorney has reviewed the proposed lease agreement for form
RECOMMENDATION
It is recommended that Council approve entering into a lease agreement with
AT &T to construct and operate a CDPD enabled wireless communications facility
atop the police department's communications center
172
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18220 S Broadway
Advanced Electronics Gardena, Ca 90248
(310) 532 -3211 Fax (310) 532 -8411
October 23, 2001
Lt Max Phipps
El Segundo Police Dept
Dear Lt Phipps
Pursuant to your request for our analysis of the proposed cellular site installation by AT &T wireless at
your Police facility, Advanced Electronics' technical and engineering staff has reviewed AT &T's
coverage, projections, your own existing coverage measurements, and Galaxy Engineering's Shared
Site Interference Analysis (original and corrected versions) Our evaluation of these documents leads
us to the following conclusions
• Installation of a data capable cell site at the Police facility will result in significant improvement
of mobile data operations in the central and west - central portions of the cdy Data operations in
the extreme west (beach areas) are unlikely to be significantly impacted, however some
improvement may occur, especially in the area near Vista Del Mar and Grand
• Additional voice paths provided by this installation will also serve the city by allowing greater
access to the cellular network by citizens and law enforcement personnel on a daily basis and
provide a greater chance of successful cellular connection to the 911 operators during
emergency need
• No interference between the cellular system and El Segundo's public safety dispatch system is
anticipated
• System coverage supplied by the new site will not enhance cellular voice or data operations
significantly north of Imperial Highway, therefore no improvement should be anticipated within
the operational or passenger terminal areas of LAX
The first three items listed above speak strongly in favor of this proposal from a purely technical
operations viewpoint As your service provider for two-way dispatch operations, we find no basis for
concern of degradation in service as a result of the proposed installation and see this as a positive
action with noticeable benefits to both public and officer safety
Sincerely,
Bruce Cobb
Systems Engineer
178
Cell Site Number D095 Address 348 Main St, El Segundo, CA
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by City of El Segundo, a
government agency, with a Tax ID# of , having its principal office /residing at 350 Main St El Segundo, CA
(hereinafter referred to as "Landlord ") and AB Cellular LA, LLC, a Delaware limited liability company d/b /a AT &T WIRELESS,
having an office at 12900 Park Plaza Drive, Cerritos, CA 90703 -8573 (hereinafter referred to as "Tenant ")
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith,
located at 348 Main St , El Segundo, Los Angeles County, State of California as further described on the Legal Description of the
property attached hereto as Exhibit A (collectively "Property") Tenant desires to use a portion of the Property in connection with its
federally licensed communications business,
The parties agree as follows
1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Property consisting of (a) a room/cabinet space of
approximately 350 square feet and (b) space on the structure and such easements as are necessary for the antennas and initial
installation as described on attached Exhibit B(collectively, "Premises ")
2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the
installation, maintenance, operation, repair and replacement of its communication fixtures and related equipment, cables, accessories
and improvements (collectively the "Communication Facility")and any other items necessary to the successful and secure operation of
the Communication Facility, as substantially described in Exhibit B, such use includes the right to test, survey and check title on the
Property Landlord's execution of this Agreement will signify Landlord's approval of Exhibit B Tenant has the right to make
Property improvements, alterations or additions ( "Tenant Changes ") consistent with the building and facility specifications attached
hereto as Exhibit B and the photo simulations attached hereto as Exhibit C Prior to the initial installation of Tenant's Changes, Tenant
will supply the Landlord with plans and specifications consistent with Exhibits B and C ( "Plans ") to be reviewed and approved by the
Landlord prior to commencement of Tenant's Changes Landlord's approval will not be unreasonably withheld, conditioned or
delayed After approval, the Plans will be considered incorporated in this Agreement as Exhibit D If the Landlord disapproves the
plans then the Tenant will provide the Landlord with revised plans In the event Landlord disapproves of the Plans upon a second
(2nd) subrr ssion, Tenant may terminate this Agreement Landlord will not knowingly permit or suffer any person to copy or utilize
the Plans for any purpose other than as provided in this Agreement Tenant agrees to comply with all applicable governmental laws,
rules, statutes and regulations, relating to its use of the Communication Facility on the Property, Tenant has the right to modify,
supplement, replace, or upgrade the Communication Facility so long as such do not physically alter the exterior appearance of the
facilities from the photo simulations represented in Exhibit C , and such modifications are subject to the same approval process set
forth above However, any changes which alter the exterior physical appearance of the Communication Facility from that set forth in
the photo simulations contained in Exhibit C shall require Landlord's prior written consent, which may be withheld in the Landlord's
sole discretion
3. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing upon the Commencement Date, as
defined below The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the
Commencement Date occurred
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(b) This Agreement will automatically renew for three (3) additional five (5) year Term(s) (the "Extension Term "), upon
the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at
least nmety (90) days prior to the expiration of the existing Term
(c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then Tenant
will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term "), subject to the terms and conditions of
this Agreement
(d) The Initial Term and the Extension Term and the Holdover Term are collectively referred to as the Term ( "Term ")
4. RENT Commencing on the date that Tenant commences construction ( "Commencement Date "), Tenant will pay the
Landlord a monthly rental payment of One and 00 /100 Dollars ($1 00), plus any applicable tax, at the address set forth above, on or
before the 5t° day of each calendar month in advance Rent will be prorated for any partial month
5. DATA TRANSMISSION ENHANCEMENT Tenant will install as part of the Communication Facility a "cellular digital
packet data (CDPD) enabled" and maintain such in good working condition throughout the term of this Agreement and upgrade such
when warranted It is understood that such equipment is intended to alleviate some or all of the data transmission problems the
Landlord's police and fire communication system is experiencing but Tenant makes no representations or warranties that installation of
the Communication Facility shall resolve the data transmission problems that the Police Department of Landlord has been experiencing
with respect to its police and fire communication system
6. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon its suitability for Tenant's
intended use and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed
necessary by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances,
amendments, special use permits, and construction pemuts (collectively referred to as "Governmental Approvals ") Landlord
authorizes Tenant to prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this
Agreement and agrees to reasonably cooperate with Tenant with such applications
(b) Tenant has the right, at its sole expense, to obtain a title report or commitment for a leasehold title policy from a title
insurance company of its choice and to have the Property surveyed by a surveyor of its choice Tenant shall have thirty days from the
effective date of this Agreement to either accept or reject matters of record title If Tenant rejects any matters of record title, Landlord
can its sole discretion correct any such matters within 30 days In the event that Landlord does not correct any record title matters
objected to by Tenant, Tenant may either terminate this Agreement, or accept such matters of record title
(c) Tenant may also obtain, at Tenant's sole cost and expense engineering or environmental tests or reports ( "Tests ")
relating to the feasibility of locating the Communication Facility on the Premises Tenant shall have thirty days from execution of this
Agreement to accept the Site or accept it in its "AS IS" state
7. TERMINATION. This Agreement may be terminated as follows
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(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 14 of this
Agreement after the applicable cure periods,
(b) by Tenant upon written notice, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of
a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the
Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion that the cost of
obtaining or retaining the same is commercially unreasonable, or for any other reason identified in this Agreement
(c) by Tenant on ninety (90) days written notice for any reason
8 INTERFERENCE (a) There are existing radio frequency user(s) on the Landlord's Property, the Landlord will
provide Tenant with a list of all existing radio frequency user(s) and their frequencies on the Property to allow Tenant to evaluate the
potential for interference between the Communication Facility and the existing frequency users Tenant shall conduct testing prior to
activation of the Communication Facility to insure that the operation of its Communication Facility does not interfere with existing
radio frequency users
(b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use
of the Property, if such use materially interferes with the operations of Tenant's Communication Facility, unless such interference is
the result of operations that are intended to be a part of, or enhance, Landlord's police and fire communication system Landlord will
notify Tenant prior to granting any third party the right to install and operate communications equipment on the Property
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, mvitees or agents to use, any
portion of the Preriuses that in any way which interferes with the operations of Tenant or the rights of Tenant under this Agreement
except as necessary to carry out emergency operations of Landlord or as otherwise permitted under this Agreement Landlord will
cause unauthorized interference to cease upon not more than twenty-four (24) hour notice from Tenant
(d) It is understood that Landlord operates a police and fire emergency communication system and that the operation of
such is paramount over any operation of Tenant's Communication Facility hereunder It is further understood that Landlord may alter
its current police and fire communication system in the future Accordingly, the installation, maintenance and operation of the
Communication Facility shall not interfere with the Landlord's existing or future communications equipment, operations, or
transmissions on or from the Property In the event Tenant's installation, maintenance or operation of its Communication Facility
interferes with the Landlord's existing or future communications equipment, operations, or transrmssions, Tenant will immediately
cease such interference, after verbal or written notice thereof until it is able to resolve the interference problem The Landlord shall be
entitled to specific enforcement in order to cause such interference to cease and desist without allowing Tenant an opportunity to cure
such interference as provided in Section 16 hereof If the interference cannot be resolved within a reasonable period of time under the
circumstances, either party is be entitled to terminate this Agreement
9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any injury,
loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court
costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or the breach of any
provision of this Agreement, except to the extent attributable to the negligent or intentional acts or omissions of Landlord, its
employees, agents or independent contractors
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising
directly from the actions or failure to act of Landlord or its employees or agents, or the breach of any provision of thus Agreement,
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except to the extent attributable to the negligent or intentional acts or omissions of Tenant, its employees, agents or independent
contractors
10. WARRANTIES. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good
standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as
signatory for the party below Landlord represents and warrants that (i) to the best of its knowledge, Landlord solely owns the
Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any liens, restrictions, mortgages,
covenants, conditions, easements, leases, agreements of record or not of record, which would adversely affect Tenant's use and
enjoyment of the Premises under this Agreement, (u) as long as Tenant is not in default then Landlord grants to Tenant sole, actual,
quiet and peaceful use, enjoyment and possession of the Premises, (in) to the best of Landlord's knowledge, its execution and
performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease, or other
agreement binding on the Landlord, and (iv) if the Property is or becomes encumbered by a deed to secure debt, mortgage, or other
security interest, Landlord will use its best efforts to notify Tenant of such and give Tenant the opportunity to secure a Subordination,
Non - Disturbance and Attornment Agreement However, Tenant takes possession of the Premises subject to those matters are of record
title or that Tenant could discover through reasonable due diligence under the circumstances or that it has actual notice of
11. ENVIRONMENTAL. (a) Landlord and Tenant agree that each will be responsible for compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities
regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition
or matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the
Property
(b) Landlord and Tenant agree to hold harmless and indemnify the other from and to assume all duties, responsibilities,
and liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties, sanctions, forfeitures,
losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation
or proceeding which is related to (i) failure to comply with any environmental or industrial hygiene law, including without limitation
any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or
standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect,
and (u) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property or
activities conducted by the party thereon, unless the environmental conditions are caused by the other party
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees incurred in
connection with any investigation of Property conditions or any clean -up, remedial, removal or restoration work required by any
governmental authority The provisions of this Paragraph will survive the expiration or termination of this Agreement and/or any
transfer or assignment of the rights and obligations under this Agreement
12. ACCESS. At all tunes throughout the terns of this Agreement, and at no additional charge to Tenant, Tenant and its
employees, agents, and subcontractors, will have twenty-four hour, seven day access to and over the Property, from an open and
improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities
serving the Premises Tenant shall provide two (2) hour prior notice, except in the case of an emergency in which event Tenant shall
provide as much nonce as possible to the Watch Commander of the Landlord's Police Department of its intent to enter the Premises
Landlord may in its reasonable determination deny such access if such will interfere with the Landlord's operations In the event any
10/30/2001 4
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Nuohc uti a access
htk f Provided to Ten
Tenant, �MOVAh. � the belief. of Tenant, at no cost to Tee �andlod hereby agrees to
Brant an additional
natir's personal Al] portions of the Co
agrees prbPetty and, aCCCSS Deer to To
that mmunicahon
at Tenant's option, �Y 6e Fa either
considered as be brought n
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end and nature coils mg affixed to or a Part f n Facility constntete oved by Tenant at an to the Properly by Te
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ed Y, it b Place g We To and ter
the pt ever reason Tenant Y time during the Te y f main on tha Arerins 8tfic intention of 'he Land, se9 by Tent Landlord Covenants.
re roses were m on Coe move all such imp ve Rhin one hundrd twe I] and rernain the Ord that �1Frove become, or
rumence merits and re my (120) days of the Perin
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equipment so Upon request by teal. exeCPted Landlord m the sa of Wes Agreement for
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location on prof give Tenant ninety a maJor relocation of pant's operation of its make tumor relocations t3 daYs wntte Co �cagon Pa
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accept such Facility f its C
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as set this ABreergent Landlinci b t Ifthe I,andlo d de 0 the CO Ucan
this agreem n be d med to be references the Corn, forth for mayor rel slap the experts s such a maJor ref a on
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and D and r redefines the p 1oCahvn site n' °r an is re °n and
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affect alter, °n °f the co Fxc execute
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tear and MAINTEN�yCE• 8e anYofthe terns an of Tenant or any art in Wes section, Owner m8 Exhibrts A,
e Prenuse Bea Part mcl lemets ex�ePWd �7eT enaat will kaeP and d Conditions ofthys Agr ntof except asp Provided inenait
receipt of uding roofre�or mitt shall, at Tenant s i this
nap into n the pr
such r am Landlord If such re Cement and expense, e
e emus s in
Portion of end I Tenant for ail son pans are notwarmme frog Tenant' maincom and repaid °under f reasonable and
will bull g, ro0F tea able cos co raced shall inmen the roof the wear
g ft mi n d re Parr the pr omtses that LanWo d o Tenant, s obligation the efotemenhoned curl s fOnY -el
the g of which
olements rtl and Yothertenantafe rota Period, s
access thereto, m and repair the Landlord ma
48) lour
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lei utility used alt will be rinses spa
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umed by Tenant on We
moat over, under and across the omit Jec1 to reasonable w
e eAair l_andtoxd
1i2U01 Pre�asiied promptly pay all utilities ear and fear and
Ire lease Landlord Charge, f
n1 m order for the will fully coo or elev
NDOWS{TernPorarylnte uhhty co Perate tiretty, telephone
met F1lesYOLk338 5 mpa°Y to provide �W o t utility service or an
31ES_A Y
Cell Revised Le, mpanY requesting an
service to the Tenant ace October 28 2001 doe In the event Tenant
1,93
cannot secure its own metered electrical supply, Tenant shall, at its own cost and expense, install a submeter to the Landlord's meter
Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the
Landlord and billed to Tenant Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable
control of Landlord, of such services to be furnished or supplied indirectly by Landlord
16. DEFAULT AND RIGHT TO CURE. (a) Tenant will be in deemed to be in default and breach of this Agreement if Tenant
fails to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord
that specifies a specific failure by Tenant under this Agreement No such failure, however, will be deemed to exist if Tenant has
commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable
diligence Delay in curing a default will be excused if such is due to causes beyond the reasonable control of Tenant If Tenant
remains to default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available
to it under law and equity
(b) Landlord will be in deemed to be in default and breach of tlus Agreement if Landlord fails to perform any term or
condition under this Agreement within forty-five (45) days after receipt of written notice from Tenant that specifies a specific failure
by Landlord under this Agreement No such failure, however, will be deemed to exist if Landlord has commenced to cure the default
within such period and provided such efforts are prosecuted to completion with reasonable diligence Delay in curing a default will be
excused if it is due to causes beyond the reasonable control of Landlord If Landlord remains in default beyond any applicable cure
period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure
Landlord's default and to deduct the costs of such cure from any moneys due to Landlord from Tenant
17. ASSIGNMENT /SUBLEASE. Tenant may assign, sell or transfer its interest under this Agreement without the approval
or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all
or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the property is
located by reason of a merger, acquisition, or other business reorganization Upon notification to Landlord of such assignment,
transfer or sale, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement Tenant may not
otherwise assign this Agreement without Landlord's consent
18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered
mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly sent and received,
refused or returned undelivered Notice will be addressed to the parties at the addresses set forth below
Tenant
Attu System Development Manager
[ADDRESS]
with a copy to Atm Daniel E Smith, Corporate Counsel
AT &T Wireless Services
PO Box 6028,
10/30/2001 6
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Landlord
Cerritos, CA 90702 -6028
Attu City Clerk
City of El Segundo
350 Main Street
El Segundo, Ca 90245
Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein
19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions
will remain binding upon the parties as though said unenforceable provision were not contained herein However, if the invalid, illegal
or unenforceable provision materially affects this Agreement then the Agreement may be temnnated by either party on ten (10) days
prior written notice to the other party hereto
20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the
Property, Landlord will provide notice of the proceeding to Tenant within forty -eight (48) hours If a condemning authority takes all
of the Property, or a portion sufficient, in Tenant's sole detemunation, to render the Premises unsuitable for Tenant, this Agreement
will terminate as of the date the title vests in the condemning authority The parties will be entitled to share in the condemnation
proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the
value of its Communication Facility, moving expenses, prepaid rent, and business dislocation expenses Tenant will be entitled to
reimbursement for any prepaid Rent
21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours
of the casualty If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premtses
unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord,
which termination will be effective as of the date of such damage or destruction Upon such termination, Tenant will be entitled to
collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent
22. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien tights it may have, statutory or otherwise,
concerning the Communication Facility or any portion thereof The Communication Facility shall be deemed personal property for
purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord
hereby consents to Tenant's tight to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion
and without Landlord's consent
23. POSSESSORY INTEREST TAXES Tenant's interest in the property may be subject to property and other taxes and Tenant shall
be solely responsible for payment of such taxes ansmg from Tenant's presence on the Property and such taxes cannot be deducted from
rent payments to the Landlord
24. MISCELLANEOUS. (a) Amendment, Waiver This Agreement cannot be amended, modified or revised unless done in
writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant No provision may be waived except
in a writing signed by both parties
10130/2001 7
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(b) Short Form Lease Either party will, at any time upon fifteen (15) day's prior written notice from the other, execute,
acknowledge and deliver to the other a recordable Memorandum of Lease Either party may record this memorandum at any time, in
its absolute discretion
(c) Bind And Benefit The terms and conditions contained in this Agreement will run with the Property and inure to
the benefit of the parties, their respective heirs, executors, administrators, successors and assigns
(d) Entire Agreement This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire
agreement of the parties hereto and will supersede all prior offers, negotiations and agreements
(e) Governing Law This Agreement will be governed by the laws of the state in which the Premises are located,
without regard to conflicts of law
(f) Interpretation Unless otherwise specified, the following rules of construction and interpretation apply (r) captions
are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof, (u) use of the
term "including" will be interpreted to mean "including but not limited to ", (in) whenever a party's consent is required under this
Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably
withheld, conditioned or delayed, (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this
Agreement, (v) use of the terms "termination" or "expiration" are interchangeable, and (vi) reference to a default will take into
consideration any applicable notice, grace and cure periods
(g) Estoppel Either party will, at any time upon fifteen (15) days prior written notice from the other, execute,
acknowledge and deliver to the other a statement in writing (t) certifying that this Agreement is unmodified and in full force and effect
(or, if modified, stating the nature of such modification and certifying tlus Agreement, as so modified, is in full force and effect) and
the date to which the rent and other charges are paid in advance, if any, and (n) acknowledging that there are not, to such party's
knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed Any such
statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises Failure to deliver such a
statement within such time will be conclusive upon the requesting party that (i) this Agreement is in full force and effect, without
modification except as may be properly represented by the requesting party, (n) there are no uncured defaults in either party's
performance, and (iii) no more than one month's rent has been paid in advance
(h) No Option The submission of this Agreement for examination or consideration does not constitute a reservation of
or option for the Premises This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment
and delivery hereof by Landlord and Tenant
(1) Survival of Terms Sections 9, 11, 13 and 24 0) shall survive the termmation of this Agreement
0) Insurance Tenant shall maintain at all tunes during the term of this Agreement maintain a broad form commercial general
liability policy and property insurance, each with a minimum of $1,000,000 coverage per occurrence in a form acceptable to the
Landlord The Landlord shall be included as an additional insured on such policies and be provided with an endorsement of insurance
evidencing such coverage
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this _ day of , 2001
"LANDLORD"
City of El Segundo
10/30/2001 g A
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By
Print Name
Its
"TENANT"
AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless
By LIN Cellular Communications Corporation (CA), a Delaware corporation, its Member
By
Print Name
Its System Development Manager
10/30/2001 9
structure lease pp
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EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING. Council Reports
AGENDA
Appointments to serve on the ICRMA governing board
RECOMMENDED COUNCIL ACTION'
Adopt Resolution appointing Kelly McDowell as the ICRMA primary governing
board member, Bret Plumlee as the alternate governing board member and
Richard Hogate as the substitute alternate governing board member
BACKGROUND & DISCUSSION.
The bylaws of the Independent Cities Risk Management Authority (ICRMA)
require that an elected official be appointed by resolution to the governing board
of ICRMA, an alternate (may be a staff person) be appointed in the primary
member's absence, and a substitute alternate (may be a staff person) be
appointed to act in the primary and alternate member's absence Council
member Kelly McDowell and Bret Plumlee, Director of Administrative Services,
are the current primary and alternate board members This resolution will
reaffirm those appointments and add Richard Hogate, Risk Manager /Purchasing
Agent as the substitute alternate board member
ATTACHED SUPPORTING DOCUMENTS
Resolution to appoint specific representatives to ICRMA
FISCAL IMPACT.
Operating Budget,
Amount Requested:
Account Number.
Project Phase.
Appropriation required No
ORIGINATED. DATE: /0 /zte)
Kelly McDowell, Citou e
y C mber
REVIEWED B DATE
ary nn, City Manager /
10/30/01 9 58 AM L� 6
k 191
BACKGROUND & DISCUSSION (Contd.)-
This will give the City of El Segundo additional representation at ICRMA and
allow additional training and grant opportunities
101301019 57 AM
192
RESOLUTION NO.
A RESOLUTION APPOINTING REPRESENTATIVES TO THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY ( "ICRMA ").
The City Council of the city of El Segundo resolves as follows
SECTION 1 The City Council finds and declares as follows
A El Segundo is a member of the Independent Cities Risk Management Authority ( "ICRMA ")
B Pursuant to the ICRMA By -laws and Joint Powers Agreement, the City Council may appoint
an elected official to the ICRMA Governing Board, an alternate for the elected official who
may be a City employee, and a substitute alternate who may also be a City employee
SECTION 2 Councilmember Kelly McDowell is appointed to serve on the ICRMA Governing Board
as the City's representative
SECTION 3 Administrative Services Director Bret Plumlee is appointed as the City's alternate
representative and Richard Hogate is appointed as the City's substitute alternate representative
SECTION 4 The individuals appointed by this Resolution are authorized to represent the City while
acting as ICRMA delegates Such authority includes the power to vote for the City on matters presented
to the ICRMA Governing Board These representatives are directed to keep the City Council regularly
informed regarding ICRMA proceedings
SECTION 5 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2001
Mike Gordon, Mayor
ATTEST
Cindy Mortesen, City Clerk
i
APPROVED AS
Mark D Hen _rr
B
Y
Karl H Berger,
Assistant Citv tt6r
-I-
[S \CTYCLRK \DOOJANT CPY \RES0S\2001 \Reso1ution re ICRMA docl
October 31, 2001 //
193
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, Califorma, 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 of said City, and attested to by the City Cleik of said City, all at a regular meeting of said
Council held on the day of 2001, and the same was so passed and
adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
&a
tS \CTYCLRK \DOCUMENT CPY\RESO8\2001 \Reso1ution re ICRMA doc]
October 31, 2001
a, � 194
EL SEGUNDO CITY COUNCIL MEETING DATE November 7, 2001
AGENDA ITEM STATEMENT AGENDA HEADING City Council Reports
AGENDA DESCRIPTION
Recommendation from the Revenue Committee of the City Council to evaluate
methods of providing financial assistance to local hotels
RECOMMENDED COUNCIL ACTION
Direct staff to evaluate alternative methods of providing financial assistance to
local hotels and return to the City Council with a recommendation
BACKGROUND & DISCUSSION
On October 24, 2001 the Revenue Committee invited representatives from all of
the local hotels to discuss financial losses as a result of the terrorists acts on
September 11th Nearly every hotel has experienced declines in revenue
generally ranging from 15% to 40% in the weeks that followed the disaster
Although occupancy rates have recently shown an Increase for all of the hotels,
revenues continue to be well below levels typical for this time of year In
addition, weekend business activity has continued to be substantially lower and
has shown no signs of recovery as of this point
The Revenue Committee evaluated the situation and has recommended the City
Council consider financial assistance to the hotels The majority of the hotel
representatives would prefer having the Transient Occupancy Tax lowered or
suspended for a specific time period The Revenue Committee recommends the
staff be directed to evaluate alternative methods of offering TOT relief and return
to the City Council with recommendation as soon as possible
ATTACHED SUPPORTING DOCUMENTS
N/A
Operating Budget-
N/A
Amount Requested,
N/A
Account Number.
N/A
Project Phase-
N/A
Appropriation required:
N/A
ORIGINATED. �j�, DATE:
Mike Gordon, Mayor v// — "` ` "� /rte
Sandra Jacobs, Mayor Pro Tem����,
17YA
Mary Strenn, City anager 3i /i
195 27
REVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
The City Council, Unless otherwise noted in the Agenda, the Public can only comment on City- related busmess 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 linnt 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
represent, if desired Please respect the time limits
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting 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, 524 -2305
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
WEDNESDAY, NOVEMBER 7, 2001 - 5:00 P.M.
[Agenda revised to reflect meeting called for 5 00 pm, and that November 7th is a Wednesday, not Tuesday ]
Next Resolution # 4230
Next Ordinance #1343
5:00 PM Session (Continued to 6 00 p in )
CALL TO ORDER
ROLL CALL
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code §54950, et sMec) for the purposes of conferring with the City's Real Property Negotiator,
and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters
covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as
follows.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a))
1 Glover v City of El Segundo, LASC No YC039465
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956 9(b)' -I- potential case (no further public
statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c): -I- 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
SPECIAL MATTERS — None
REVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items
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 tune lint 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
represent, if desired 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 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
pernntted 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 524 -2305
Notification 45 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
WEDNESDAY, NOVEMBER 7, 2001 - 7:00 P.M.
[Agenda revised to reflect November 7th is a
Wednesday, not a Tuesday]
Next Resolution #4230
Next Ordinance #1343
7:00 PM Session
C4 _a W [i 6 tt l "
INVOCATION — Rev G. Kevin Taylor of Saint Michael's Episcopal Church
PLEDGE OF ALLEGIANCE — Council Member John G Gaines
PRESENTATIONS —
(a) Proclamation proclaiming November 7, 2001 through December 17, 2001 as the Spark of Love
Toy Drive and encouraging the community to support this holiday program by contributing toys
and non - penshable foods to the El Segundo Fire Department during the period of November 7th
through December 17, 2001
(b) Commendation to Community Alliance to Support and Empower (C A S E.) for their work in our
community and encouraging the community to support the C A.S E program by contributing to
the Panty for Thanksgiving and throughout the year, and by making monetary contributions
payable to C A S E , at Post Office Box 998 -302, El Segundo, California 90245
(c) Proclamation observing November 11, 2001 as Veterans Day in honor of the unfailing valor,
dignity, and courage of our patriotic men and women in uniform, so that their sport and selfless
public service may shine brightly in the annals of history
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 behaljofanother, and
employees speaking on behalfoftheir employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a
misdemeanor andpunishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any
item not on the agenda The Council will respond to comments after Public Communications is closed
(d) Request by the El Segundo Chamber of Commerce for city support and sponsorship for the 38th
Annual Holiday Parade on Sunday, December 9, 2001 from 2 00 p in to 4.00 p in and Tree
Lighting at the Civic Center Plaza on Thursday, December 6, 2001 from 5 00 to 5 30 p in
(Consent #7)
(e) Request by Chairperson of Candy Cane Lane, for the same level of City assistance on their
December 8 -22, 2001 program in the 1200 block of Acacia Avenue as in previous years (Consent
#8)
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 —
An amendment to the Downtown Specific Plan to modify the definition of bed and breakfast
Recommendation — (1) Hold Public Hearing; (2) Introduce Ordinance; (3) Schedule
second reading and adoption of Ordinance for November 20, 2001; and /or, (4) Other
possible action /direction.
C. UNFINISHED BUSINESS
2 Second Reading and adoption of an Ordinance of the City Council amending Title 6 of the El
Segundo Municipal Code in its entirety regarding Animal Control regulations
Recommendation — Hold Public Hearing. Second reading and adoption. The Ordinance
will become effective thirty days from adoption.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — NONE
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of business
Warrant Numbers 2520729 to 2521250 on Register No. 2 in total amount of $1,702,882 52,
and Wire Transfers from 10/06/01 through 10/26/01 in the amount of $1.447.204 89
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.
4 City Council meeting minutes of October 16, 2001 and October 18, 2001 Joint Meeting of
City Council and Recreation & Parks Commission
Recommendation - Approval.
Authorize staff to continue to purchase medical supplies from single source vendor, PMX
Medical Fiscal Impact Not to exceed $25.000 annually
Recommendation — Authorize staff to piggyback on the San Clara Pricing Contract
Purchase Order #A152845 through September 30, 2002.
6 Consideration of an extension option for a period to two years in the existing Professional
Service Agreement with Southern California Risk Management Associates to serve as the
third -party administrator for the City's self - insured Workers' Compensation Proeram
Recommendation — Authorize City Manager to execute extension option for a period of
two years in the existing Professional Services Agreement with Southern California Risk
Management Associates.
7 Request by the El Segundo Chamber of Commerce for city support and sponsorship for the
38`h Annual Holiday Parade on Sunday, December 9, 2001 from 2 00 p m. to 4 00 p in and
Tree Lighting at the Civic Center Plaza on Thursday, December 6, 2001 from 4 15 p in to
5 30D
Recommendation — Approve request, provided the event meets all applicable City
requirements.
Request by Chairperson of Candy Cane Lane, for the same level of City assistance on their
December 8 -22, 2001 nroeram in the 1200 block of Acacia Avenue as in previous vears
Recommendation — Approve request, provided that all necessary permit applications are
submitted, including sound amplification permits, and project meets applicable City
requirements.
Authorize sending one Police Officer and one Firefighter to New York City to deliver funds
donated by the community in response to the Pancake Breakfast Fiscal Impact $1,730
Recommendation — Authorize staff to proceed with travel arrangements to send
representatives to New York City.
10 Award of contract to Flo- Systems, Inc for pump replacement at Storm Water Pump Station
No 17 (1015 East Imperial Avenue) — Project No PW 01 -07 — Approved Capital
Improvement Protect — (contract amount = $33.876)
Recommendation — Award contract to the lowest responsible bidder, Flo - Systems, Inc.,
in the amount of $33,876; Authorize City Manager to sign the standard public works
construction agreement after approval as to form by City Attorney.
11 Acceptance of work for the rehabilitation of Sanitary Sewer Pump Station No 13 — Approved
Capital Improvement Protect — Project No PW 00 -1A (final contract amount = $365.699.73
Recommendation — (1) Approve Change Order No. 1 in the amount of $5,799.73; (2)
Accept the work as complete; (3) Authorize the City Clerk to file the City Engineer's
Notice of Completion in the County Recorder's Office.
12 Acceptance of Sycamore Park Imgation System Replacement — Protect No PW 00 -17 —
Approved Capital Improvement Protect (final contract amount = $24,940)
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file
the City Engineer's Notice of Completion in the County Recorder's Office.
13 Proposed agreement with Ron Rakich & Associates to perform risk management services
Fiscal Impact $65.000
Recommendation — Authorize City Manager to execute standard Professional Services
Agreement with Ron Rakich & Associates to perform risk management services.
14 Agreement between the City of El Segundo and the State of California (Agreement No 07-
4575) for the Transportation Enhancement Activities (TEA -21) grant for the landscaping of
Sepulveda Boulevard within El Segundo City limits (grant amount = $678,000)
Recommendation — Approve agreement and authorize the Mayor to execute the
agreement on behalf of the City.
15 Proposed revisions to the class specification, re -titling Senior Dispatcher to Supervising
Dispatcher and a Resolution establishing a new monthly salary range
Recommendation —(1) Approve the proposed class specification and new job
classification title. (2) Adopt the Resolution establishing the monthly salary range.
16 Examination plan for the Personnel Merit system job classification of Accounting Technician
Recommendation — Approve the Examination Plans.
17 Status report on Capital Improvement Program Projects — (no fiscal impact)
Recommendation — Receive and File.
18 Second Reading and adoption of an Ordinance of the City Council amending Chapter 9 to
Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures
for local elections
Recommendation — Second reading and adoption. The Ordinance will become effective
thirty days from adoption.
19 Request for the City Council to approve $59,650 outlined in the police budget for
maintenance services provided by the West Covina Service Group (WCSG)
Recommendation — Approve $33,500 for the Public Safety Communication Center and
$26,150 for the Police Records Division for maintenance services provided by the
WCSG.
20 Request for City Council approval and permission to use the badge artwork, shoulder patch
and vehicle graphics of the El Segundo Police Department on a new "Police Motorcycle
Series" to be designed and produced by Mattel, hie
Recommendation — Approve as requested.
CALL ITEMS FROM CONSENT AGENDA
NEW BUSINESS —
21 Authorize the City Manager to sign and execute an agreement between the City of El
Segundo, the State of California Office of Traffic Safety (OTS), and Department of
Transportation (Caltrans), for the purchase, acquisition, and installation of a low -power AM
Recommendation — (1) Adopt Resolution in support of Project as required by the Grant
Agreements. (2) Authorize the City Manager to accept this grant and to execute
Agreements with the California State Office of Traffic Safety ( #EM0231) and
Department of Transportation ( #51A0140) with the approval of the City Attorney.
22 Introduction of two Ordinances amending Title 7 Chapter 5 of the El Segundo Municipal
Code in its entirety regarding Curfew regulations
Recommendation — Introduce the Ordinances and waive first reading. Second reading
and adoption would occur on November 20, 2001.
23 New Alcoholic Beverage Control (ABC) license for onsrte sale and consumption of alcohol
(Type 47, On -Sale General) at a proposed restaurant, Fleming's Prime Steakhouse and Wine
Bar, to be located at 2301 Rosecrans Avenue, Suite 190 (ABC 01 -1) Applicant Fleming's
Westcoast -1, LP, Pronertv Owner Continental Develonment Corporation
Recommendation — Determine that the City does not protest the issuance of the new ABC
license for the sale of beer and wine at the new Fleming's Prime Steakhouse and Wine
Bar.
24 Resolutions, calling for, requesting County Services for, adopting regulations for Candidates
Statement, and ordering a canvass by the City Clerk for the Municipal Election, April 9, 2002
Recommendation — Approve as requested.
25 Request for City Council approval to enter into a lease agreement with AT &T Wireless to
construct and operate a cellular digital packet data (CDPD) enabled wireless communications
facility atop the notice department's communications center
Recommendation — Approve entering into a lease agreement with AT &T Wireless to
construct and operate a CDPD enabled wireless communications facility atop the police
department's communications center.
F. REPORTS - CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY — NONE
I. REPORTS - CITY CLERK — NONE
J. REPORTS - CITY TREASURER - NONE
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell -
26 Appointments to serve on the ICRMA governing board
Recommendation — Adopt Resolution appointing Kelly McDowell as the ICRMA
primary governing board member, Bret Plumlee as the alternate governing board
member and Richard Hogate as the substitute alternate governing board member.
Council Member Gaines — NONE
Council Member Wernick -
Mayor Pro Tem Jacobs -
27. Recommendation from the City Council Revenue Subcommittee to evaluate methods of
Rroviding financial assistance to local hotels
Recommendation — Direct staff to evaluate alternative methods of providing financial
assistance to local hotels and return to the City Council with a recommendation.
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 ofanother, and employees speaking on behalfof their employer,
must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor andpunishable by a fine of $250
While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond
to comments after Public Communications is closed
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec 54960, et sM) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or
discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the
City's Labor Negotiators, as follows
Continuation of matters listed on the City Council Agenda for 5 00 p in, November 7, 2001 under "Closed
Session" (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
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