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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 geed �YOrvf C'c'r� Kcc a q rimers s„ Iii- a`f C i�i@no(is� l' ti{ Ems+ &tidrt ( / 8 l ab l2s l �o d u r `I' 2 loo' eXiCx�oYl Cords Z gpzAkw -� oY clS 1Q b(�h(� I Cam- P�-E- I ckwnfr�q .�,�C.�e.�bEen"sl ` J ga chairs -Cv� gve.s -{-5 �s�il , 5 eh4tr.3 -For ver�dnr%ab(es � 7'rCi,sG. Sins wii-1, Ln2rs f� c�nd E uiPYY LK- ff Z(�S f p��vfbw� �LtnO� (K�( d' �t 0, r I �11, C Z n( \ 1 1 0wrqL is ' TS WtL rars .*")t f� * 7 *�'U��x. f *1 �8� f'/ *�5exve�r unlo�� a. Parkt� Spots lan avo, nj4 4n hmn�,Lcor Poati+ E)-S,�50�m f�af�t ckt6'iR -4 or cat Cv� UIshdpq� 010 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 Page 1 of 20 018 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 Page 2 of 20 019 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 Page 3 of 20 1020 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 Page 4 of 20 021 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 Page 5 of 20 022 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 Page 6 of 20 023 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 Page 7 of 20 024 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 Page 8 of 20 025 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 Page 9 of 20 026 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 Page 10 of 20 027 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, Page 11 of 20 028 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, Page 12 of 20 029 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 Page 13 of 20 030 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 Page 14 of 20 031 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 Page 15 of 20 032) 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 017 c m W a a min � c U g agdg� p LXU�N p� � U y �E q qq D 6 N u�$o5 ao N N �w ry 4 o c > m a E 8 E E U i d m u Q 0 �p V w c m U � E a U s' m Em° R� m a $ m W m N tt W L Q W p � H 2 Z a� b ❑ i Q � Q Q U W W 2 ~ Z O ❑ 038 3 0 J LL z > 0 z N z o w > N J < W O 09 F � � W W O � � p a N Y N Y Q W W O W Q Z Q ❑ S S SW Z m W � o N F �O OF N �� o gi$g$mn �e minomgmvrvgm��Q `�%pm (O hNmNtO 3 °NiNN�t7 �O mG f f f U s" m d o - ❑ LL z E � � � LL LL qW O V ❑ w F O� < w N LL `m E E rc z G ar 2 w O ~O zOZ� pOU 4j4 ^' i 555 E y LLU O Z 2 F F 2 G� LL m A g w W K U Z 2 N O LL U W �j LL Iii F F� F W J 2 N Z d 2 r ❑ .� C [A �f] LL U [ O W Z 2 2 VZQ KLL lLLy N V~i Vi S o V J p K g 6 W N N y_C� p} w 2 z JJ6 O r m LL 2 6 C K 3 33W K j f K LL Z W w s' d a f w LL y°w Z w Qi j,Ow rcw haw ti m E ° a U ❑ N Z 0 I 6 w 2 m v a ai Ia O UK w 6 o OO z�¢ un 9 m ? O Y o g U OO .22 76 2 �U N ❑ s NNNmU pl t6 E.2 R J ° m O NS Q OW O u v N N Xi N J2 2.J2 n rn � U QOSw �m O N }p{ m c m W a a min � c U g agdg� p LXU�N p� � U y �E q qq D 6 N u�$o5 ao N N �w ry 4 o c > m a E 8 E E U i d m u Q 0 �p V w c m U � E a U s' m Em° R� m a $ m W m N tt W L Q W p � H 2 Z a� b ❑ i Q � Q Q U W W 2 ~ Z O ❑ 038 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 VFNOOR (',OF'y A152843 10/05/01 rpuE 1 0. RIIf ILIA" 'Ir. AODRLi' 'F TQ VILNDUR Ful atsOM4M161- 31rd11 .esldnuF mMRngiq 4nd lTAtady Gus,nns rorergq l 1 LOT 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. NDRMAL_ DELIVERY TO SE INCLUDED 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. I nul In C14Pn any 5PIe5 Or uw QJF Un in19 pURil ij v u"y u, aenm VI61O will nglr`lnOV me a,16 F" u np pllyiW lC iJnb,une directly to lho St8te of Ca lfofrnp un11Nr Use Tart Alreol Pgyment, ParryiA Nwnber SM GM 26 - O082Aa OF' QUISITION NO 175477 0A'L 10/05101 PURCHASE ORdF6 NU A152 &45 ry - -OY -- -- YTYgf 1'11 Anl "L, REOV(ITEQAnIF NF CE98MY TO MM l u� u , VNUVl.11 Nf FCTIJIIIF" l,i, 001-7861-87ZIO Qo00 0000 -87"33 43, 200.00 *qn pcgARTMFN� ppMgTMEM MEAp �� Arr runp «� ) w AgPgovEO FOn PlpnditiE NAN V` — — kyr 050 r1 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 $52,23900 PW- COUNCIL 11 \NOVEMBER 0 01 (Tuesday 10/30/01 1000 AM) 065 11 m w n w w n w D r 1 N)SIN 1y \7 T O se _ N m �a r O \ Its',e Waxl City Eaa rf.y -� r$y -n NR r—,Ucc. at, sr N E^ m �l NIL a i IT a \ Ea NIILG[4T Si O °T Z I E f : W&LEV ❑ - O 1 . LVO11Y10. 1 NV1I1 f T1 $T O ` > © W11IN6 IT :11 B BETE111D . w 0, O. CONCORD sT eBB K o +M <ODIY� C� s RlcxxoxD YT r BBBBDDET= N.IN ST ♦1 .. R + maDAwD ST _ W ulN. fi i a O ^ �y fam. ST ❑❑ I r, R p .[F• 4T OLIN[.[ D ®® ypj Cl YIER .AT V CT NA IT > LObTA at ®B TA z ILOO.NEY MO. T 9 ^ ' W T MARYLAND IT J C[OMYEM DN mO OO`OJ " LAYR[L ME,�1 ST PACIFIC n[ —) NL MAD. ST MAPLE N'L A DIEGO. AT O^ OCAILOOIWIF�� -�i� fl ..LN .YL� i CALII's ST O - ==Ell y POINSETTIA .LNETn myE i FAxfu ST © 1IEI5_Lml'lI1IIR__fII1Ml[�_+ lII{ < ruxuT n[ ' VyNIMf10 .111E nE e E O TI !LY nL ILLINOIS AT Y z„ Y T wa AVL W TSE RIDW IMDI.N. ST N ySEwwmA 2 m T38 IAW r us a `� 0 S m A O y a y w c e ELVD AE�ORT 5 KLA „ i D 2 ALLIED o° a -.-� NIMfIEJ WAT CC a C TO WAY 47F COMSEN AL I.WtlAIF) < m m • " S .MN r.Y MAEN • �� ST S y ra a A .POLIO ST W METRO n GREEN LINE r 1 y� W 2 TOP Tat WLEY RD rY (PRIVATE ® f '' 2 a r R[DONOO.VE � ~ a E < p ID - XOMLT ' 9 N 9.0 LD sYM O • T • f R AYI.iIDM ^ ELVD 6 Illf ME _ - ID 6 6 6 6 6[ IL i.\ A T w o EDO ` 1. CNASA, O ^ ^ 1 QD ` 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 T m n (4 O 3 D 'O m f r O \ 7 N -n m � z \ �pIM ^J �O 'Ga i ♦ b N \ W i N n W SLIYCHC at ILOURNET RD A LAUREL AN f1 PACIIIC ANE ` MAPLE ARE • n PALM WE I POINSETTIA AAE=i < YALYUT YE PIKE WE T RY WE� ON t WE ySEWIVEDA i : ti y I� i m m s NAa I PYR YAr �C j, T C a T]E RISW TSErr, W It IS n O m I � n z I IIILLCREST ST LOMA VISTA ST YYITINE ST RCIMP ST coYCmm 31 RICHMOND SL Y AIY SL STINDARD ST a pIIDAMMSY► N ARSY• AT SHELDON at REYN IT SIERRA Si LOWTA aT YSRTI. aT SYIMIALOM OR CSYTSR at NEVADA WE OENRON ST CALIFORNIA ST RAYAS aT .ARRHNTON ST n N at ..W.. IT G G i S SAN DI(DO CITY OF NAWTNORNE m V _ ONE 5915 wn CRT LINE 40 o W N CT N � T r 0 N 2 m m r N 0 N n L > c cl m s r — m N e INm IN S ► 2 r ► 9 < Q 9 P � nl-o L V D P F nn WE :��0 0 + : G C I: IC G C 6 G G G G n ^ A CMN E a SLVp I ► �1 F•Y Q LOS ANGELES COUNTY I- ,. 0 085 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. 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UO 0 yO O_ a>O O >'O ago- a) ec) moo N 30 3� -- 3N o Lo �� "oo a) LO a)� 0)LO �-� CU LO =3 CO La. U) ee, U) (,0!3. c64 >60!)- Ucs> d6c� 101 .O l.O V C /Q LL W, U 0 0 M O T I 102 0 Z O �O M O N Q LL Z O U) �O N O N C G T O co Q ¢ 7 N co M M Q LL r co \ CD T C O Q Z T ____________________________________ _______________________________ __________ 7 L u, 'O'^ vJ Q U o � o N Q LL (n Q E c CD a) E CU U 0 0 y 0) c a) 2 a) Q CL X C > c 0) a) m '- fn Y a O E N Q W 0) N o 0 N v) 0_ = - c y °o c a) 0� a) 0 cu X O o c 0 _co U) O O c�6 0 O O uj o 0o Eo W cno Vo LL LO 004 LO dLO a)O �L 2� o� f1�� LLB LLB (D 64 102 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 w 0 v co a N N F W P a ..m Z. N N C u a m .v c m o a n L ei HO N I (O N C� N N N W b O 7 N I jw.i '{obp o al a a v �CyggpU W i' � U N I I `■ 175 ill' ..m b a ry ti ro i c ro o a ti u uro o o,� C ry im r � i n a in d N N ro� m ro N N C N L �O N O � O ail a ro H LILry ��CI�9 roCNj H C 0 a 0 NW N0 H070 s ro 1 r� +v 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 10/30/2001 structure lease C \WINDOWS \Temporary Internet Files \OLK3383\ES -ATT Cell Revised Lease October 28 2001 doc (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 10/3012001 2 structure lease 1 8 0 C \WINDOWS \Temporary Intemet Fdes \OLK3383\ES -ATr Cell Revised Lease October 28 2001 doe (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, 10/30/2001 3 structure lease f op t C \WINDOWS \Temporary Internet Fdes \OLK3383\ES -AT'I Cell Revised Lease October 28 2001 doc 1 O 1 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 structure lease C \WINDOWS \Temporary Internet Files \OLK3383\ES -AT7 Cell Revised Lease October 28 2001 doc 2 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 o part of We C °min end and nature coils mg affixed to or a Part f n Facility constntete oved by Tenant at an to the Properly by Te rernoved by TCnan anted erect or placed eb ropert being the or d outthe preened ord 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 14 Pena' of the Cr Reloc ui n the premises to orlon a wear the Tenon mentDate, reasonabl inah t and may v Facihties a and to v n Y equipment so Upon request by teal. exeCPted Landlord m the sa of Wes Agreement for Tenant, at Tenants t long as such does dlord, from time to t me or better condition as The Landlord v exPense, to t m�rfate with Te no' Tenant shall location on prof give Tenant ninety a maJor relocation of pant's operation of its make tumor relocations t3 daYs wntte Co �cagon Pa Tent shall ace Percy owned by the is Cotnin+micakon l'acrl ° t Landlord ar other prof its re accept such Facility f its C Facilities alternyte on request n the p- hies once during the Te Lan dlord ma as soil existed at location s to relocate caho Of the facilities oce o l6nB as it will reAerty approved foe, uses consistent e Of require comp nr more than e tt>� such were fast asonably m irimnntcatton Pacil p s to s Agm�ent $t with the s� au once dorm tins eets the co with We Ca a reasonable Pursuant to Procedures g the Term of uant to Wes A r m"lumcahon Capabilities un`lumeation Facilities Agreement wilts Section Upon relo require of 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 to ee Oil of the be that umcapon e of °cal $, C epla el red rope to the re Cations U Facile Y pa Tenant required to relocate shall and D and r redefines the p 1oCahvn site n' °r an is re °n and rty PremiseinPermanent reloc W etebf, all Para that in no evahr Will Ele EXlttbits y, umcah ahOn, t eat the references BraPh 14, 'location II, C and D °n Faelh an die Parties shall t c pence of � to the site m this affect alter, °n °f the co Fxc execute 15. m °diiyor oerw(If Chan mmunicahons fact ept as expresslyprovd witch deletes the exist an amendment 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 Ten 1n good building is Obligated pre lei utility used alt will be rinses spa perfo or cons solely rospnsib] nil tenantable Condition, subated to mamtant and shall not include only 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 structure tease 184 C \WINDOWS \Temporary Internet Files \OLK3383\ES -ATT Cell Revised Lease October 28 2001 doe 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 structure lease 8 C \WINDOWS \Temporary Internet Files \OLK3383\ES -ATT Cell Revised Lease October 28 2001 doe (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 structure lease C \WINDOWS \Temporary Internet Files \OLK3383\ES -ATT Cell Revised Lease October 28 2001 doc 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 C \WINDOWS \Temporary Internet Files \OLK3383 \ES -ATT Cell Revised Lease October 28 2001 doc V 7 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) I:\ ILII113►'i kYWC I li POSTED REVISED DATE ! / — 0 //—°O / TIME NAME Q-4-e -- loa Cow Agrndas\I 0701 Agcn& Rev