2002 AUG 20 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the
Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing
portion of such item The time 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 m the prior Tuesday) The request must
include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes
or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days
prior to the meeting and they do not exceed five (5) minutes in length
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 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, AUGUST 20, 2002
5: 00 P.M. SESSION HAS BEEN CANCELLED
Next Resolution # 4266
Next Ordinance # 1349
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Reverend John Svendsen of First Baptist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs
PRESENTATIONS —
(a) Commendation presented to City Clerk, Cindy Mortesen, for having attained the
prestigious Master Municipal Clerk Academy designation
1
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves poor 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
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
Recommendation — Approval
B. SPECIAL ORDERS OF BUSINESS - PUBLIC HEARING
Consideration and possible action regarding a Resolution of the City of El
Segundo, California, finding the City to be in conformance with annual Congestion
Management Program (CMP) and adopting the annual CMP Local Implementation
Report, in accordance with California Government Code Section 65089.
Recommendation — (1) Hold Public Hearing, (2) Discussion, (3) Read Resolution by title
only, (4) Adopt Resolution, (5) Alternatively, discuss and take other action related to this
item
C. UNFINISHED BUSINESS
2. Consideration and possible action on a status report of the application for
certification of the El Segundo Power Plant Redevelopment Project (a 5- minute
presentation).
Recommendation — (1) Receive and file, and /or (2) Alternatively, discuss and take other
action related to this item
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
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
� v 7
ti
3. Warrant Numbers 2527326 to 2527643 on Register No. 21 in the total amount of
$884,497.96 and Wire Transfers from 07/27/2002 through 08/09/2002 in the amount
of $336,776.94.
Recommendation — Approve Warrant Demand Register and authorize staff to release
Ratify Payroll and Employee Benefit checks, checks released early due to contracts or
agreement, emergency disbursements and /or adjustments, and wire transfers
4 City Council Meeting Minutes of August 6, 2002.
Recommendation — Approval
5. Consideration and possible action regarding approval of the City entering into a
Joint Exercise of Powers Agreement with the City of Glendale to evaluate the
feasibility of participating in a public safety radio network.
Recommendation — (1) Authorize the City Manager to execute a Joint Exercise of
Powers Agreement between the City El Segundo and the City of Glendale to establish
an Interim Joint Powers Agency in a form approved by the City Attorney, (2)
Alternatively, discuss and take other action related to this item
6. Consideration and possible action regarding the annual adoption of the City's
Investment Policy.
Recommendation - (1) Adopt City's Investment Policy as submitted; (2) Alternatively,
discuss and take other action related to this item
7. Consideration and possible action regarding adoption of Ordinance No. 1346
amending El Segundo Municipal Code Section 1 -4-4 to clarify that Council
meetings scheduled on election days will be continued to the next City business
day.
Recommendation — (1) Second reading by title only and adoption of the ordinance, (2)
Alternatively, discuss and take other action related to this item
8 Consideration and possible action regarding rescinding Resolution 4212 and
4221, pertaining to the current Conflict of Interest Code, and adopting a new
resolution approving a new Conflict of Interest Code.
Recommendation — (1) Adopt Resolution, (2) Alternatively, discuss and take other action
related to this item
I
G 3
9. Consideration and possible action regarding the purchase of two (2) vehicles (a
propane transit powered bus and a dump truck). (Fiscal Impact $145,310.00)
Recommendation — (1) Authorize the purchase of a propane powered transit bus
($66,740 00) and a dump truck ($78,570 00), (2) Alternatively, discuss and take other
action related to this item
10. Consideration and possible action to authorize the City Manager to execute a
license agreement, in a form approved by the City Attorney, between the City of El
Segundo and Kilroy Realty Corporation for installation of a parking structure sign
within the public right -of -way of Walnut Avenue.
Recommendation — (1) Approve revocable license agreement, (2) Authorize the City
Manager to execute the agreement on behalf of the City, (3) Alternatively, discuss and
take other action related to this item
11. Consideration and possible action regarding adoption of Ordinance No. 1348,
which implements the Standard Urban Storm Water Mitigation Plan of the
California Regional Water Quality Board for the Los Angeles Region by amending
Chapter 7 of Title 5 of the El Segundo Municipal Code in its entirety. (Fiscal
Impact to be determined).
Recommendation — (1) Second reading and adoption of Ordinance, by title only, (2)
Alternatively, discuss and take other action related to this item
CALL ITEMS FROM CONSENT AGENDA
NEW BUSINESS —
12 Consideration and possible action regarding adoption of an Ordinance amending
the El Segundo Municipal Code ( "ESMC ") § 7- 7- 2(B)(3) removing the exemption for
certain handbills. This action should be taken to comply with applicable Federal
and State laws
Recommendation — (1) Waive first reading and introduce the Ordinance, (2)
Alternatively, discuss and take other action related to this item
F. REPORTS — CITY MANAGER — NONE
G. REPORTS — CITY ATTORNEY — NONE
H. REPORTS — CITY CLERK
4 0 Z}
REPORTS - CITY TREASURER - NONE
J. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell -
Council Member Gaines -
Council Member Wernick -
Mayor Pro Tern Jacobs -
Mayor Gordon -
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
MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, 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
Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE �� 0 2
TIME
NAME
0 5
DATE- August 14, 2002
RP, C
E 0
Y IE
P
4UG
? 4
2002
TO. The Planning Commission and City Council
�
NNINf� DIVISION
From: Kerry K King, 507 Eucalyptus Drive
RE: Environmental Assessment No. 590 and Conditional Use Permit No 02 -2
I am one of the residents living within 300 feet of Recreation Park who
received your Notice of Special Public Hearing with a published date of
August 1, 2002, signed by James M. Hansen.
1 obtained a copy of the Environmental Checklist Form for Project No, EA
No, 590 and CUP No 02 -02 dated Aug 5, 2002 which I will call the Checklist
I have the following concerns, questions and issues for your consideration
and response
1. In August of 2000 the City Council voted $300,000 to have a new
Cultural Center designed to replace the current George E. Gordon
Clubhouse for Cultural Arts Prior to the design of the Cultural Center was
a study made of how much additional space was needed for classrooms,
theatre area, and storage to provide for the current and future needs of the
community?
2. The current clubhouse was built in 1956 when the population of El Segundo
was 12,000 people anticipating growth to 15,000. With today's population
at 16,000 with little growth expected how does a 330A increase in population
2002 over 1956 justify a 300% increase in classroom square footage, 1,804
to 5,300 from Clubhouse to Cultural Center?
3 At the July 7th City Council meeting Mayor Gordon directed I-PA to make
some additional revisions. The public has yet to see this latest revision and
has not had 30 days to review it. When will these plans be available?
4. On the Checklist the answers to questions 13.(a), (b), (d) all contain the
same wording, "The proposed project is a replacement of the existing facility
with no proposed change of use" This statement is not accurate. Creation
of a gym with basketball and volleyball use is most definitely a Change of use
from the current Clubhouse which has no gym.
5 It appears the "no change of use" wording assumes the new Cultural
Center will have the same hours of operation 9AM to 9PM Monday through
Friday and no weekend use other than the current few hours of use on Saturday
and Sunday by small groups. Expanded hours will affect the neighborhood
environment and are not reflected in this Checklist
6 Will there be any use of the gym for basketball or volleyball leagues be they
school, corporate, or service organizations?
7 Will the gym and other facilities of the Cultural Center be available for rent
to residents and non- residents as are other park areas? Birthday parties in the
current Clubhouse come to mind
S Checklist item 15(a) Traffic/Transportation answers the question about
increased traffic in part with the sentence'The proximity of the proposed facility
to residential neighborhoods and public transit routes will have a positive effect
by reducing traffic congestion and parking demands " This sentence is patently
false If parking demands are going to be reduced why would 37 additional
spaces need to be created? Why are there mitigation measures listed if traffic
congestion will be reduced?
9 Replacing the 10,000 square foot Clubhouse with a 27,500 square foot
Cultural Center with a tripling of class room space, a tripling of the
auditorium /theatre space, plus a 10,000 square foot gymnasium space
logically implies a tripling of related traffic and vehicles parking close to
the facility The 37 spaces noted in the staff analysis are too far away from
the Cultural Center in relation to nearby neighborhood parking to be viable.
The nearby streets will fill up before the 37 spaces become attractive a block
to the east of the Center This may result in lower property values for houses
located within a block of the Center
EL SEGUNDO CITY COUNCIL
MEETING DATE- August 20, 2002
AGENDA ITEM STATEMENT AGENDAHEADING. Speaial'Order
of Business
AGENDA DESCRIPTION:
Consideration and possible action regarding a Resolution of the City of El Segundo,
California, finding the City to be in conformance with the annual Congestion Management
Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance
with California Government Code Section 65089
RECOMMENDED COUNCIL ACTION
1 Hold Public Hearing
2 Read Resolution by title only
3 Adopt Resolution
4 Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION
The Congestion Management Program (CMP) became effective with voter approval of
Proposition 111 in June 1990. In accordance with State law, the Los Angeles County
Metropolitan Transportation Authority (MTA) has adopted the CMP for Los Angeles
County Cities within the County are required to comply with the adopted CMP
(Background and discussion continues on the next page........)
ATTACHED SUPPORTING DOCUMENTS.
1 Resolution for adoption
2 2002 Local Implementation Report
FISCAL IMPACT None
Capital Improvement Program.
Amount Requested
Account Number:
Project Phase:
Appropriation Required.
DATE August 12, 2002
Andres Santamana, Director of Public Works
20020820 Congestion Management Program Resolution
0 6
1
BACKGROUND & DISCUSSION (continued)
The CMP requires that by September 15t of each year, local agencies submit a self-
certification Resolution and a Local Implementation Report pursuant to a noticed public
hearing as required by State law
The self - certification Resolution consists of the following
A finding that the City is in conformance with the CMP
2 Certification that the City will continue to implement the Transportation demand
Management Ordinance (City Zoning Code, Chapter 20 55)
3 Certification that the City will continue to implement a Land Use Analysis
Program (City Council Resolution No 3805)
4 2002 Local Implementation Report which includes
(a) Carry over credit from 2001 Local Implementation Report = 2,633
(b) Total credits accrued as a net result of budding and = 863
demolition permits issued between 6/1/2001 and 5/31/2002
(c) Credits for qualifying transportation strategies = 2,899
implemented by the City between 6/1/2001 and 5/31/2002
Total Positive Credit Balance as of May 31, 20 = 6,395
Staff from the Departments of Public Works and Community, Economic and Development
Services has worked together to develop the Local Implementation Report
The CMP requires that local agencies demonstrate a positive balance of CMP credits to
demonstrate that they have implemented transportation improvements to mitigate negative
traffic impacts due to growth A negative balance would indicate that the local agency has
faded to offset development traffic impacts by transportation improvement strategies MTA
is required to report this non - conformance with the CMP requirement to the State
Controller who is then required to withhold that City's State Gasoline Tax allocations until
that particular City is found to be in compliance with the CMP
As indicated above, as of May 31, 2002, the City has a net positive credit balance in the
City's favor and is therefore in conformance with the MTA's CMP requirements.
20020820 Congestion Management Program Resolution
J
RESOLUTION NO.
A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH
THE CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT
PURSUANT TO GOVERNMENT CODE § 65089.
The city council of the city of El Segundo does resolve as follows
SECTION I The city council finds that.
A The Los Angeles County Metropolitan Authority ( "MTA" ), acting as the
Congestion Management Agency for Los Angeles County, adopted the 1999
Congestion Management program in December 1999,
B As adopted, the CMP requires that MTA annually determine that Los Angeles
County and cities within the County conform with all CMP requirements,
C Among other things, the CMP requires municipalities within Los Angeles County
to subnut Local Implementation Reports to the MTA by September 1 each year;
D The City Council held a noticed public hearing on August 6, 2002 during which it
considered the evidence presented by staff and the public regarding how the City
has implemented measures designed to mitigate the impacts of traffic congestion
resulting from new development,
E Based upon the August 6, 2002 public hearing, the City Council determined that
By June 15 of odd - numbered years the City conducts annual traffic counts
and calculated levels of service for selected arterial intersections
consistent with the requirements identified in the CMP Highway and
Roadway System Chapter;
The City adopted and continues to implement a transportation demand
management ordinance consistent with the mimmum requirements
identified in the CMP Transportation Demand Management Chapter,
The City adopted and continues to implement a land use analysts program
consistent with the minimum requirements identified in the CMP Land
Use Analysts Program Chapter, and
1 4 14 PM
Resolution No
Adopting CMP Local Implementation Report
G
4 The City adopted the attached Year 2002 Local Implementation Report,
which is incorporated into this Resolution, consistent with the
requirements identified in the CMP This report balances traffic
congestion impacts due to growth within the City with transportation
improvements, and demonstrates that the City meets its responsibilities
under the County-wide Deficiency Plan
SECTION 2- In accordance with its findings, the City Council determines that the City of El
Segundo is in compliance with all requirements of the 1999 CMP
SECTION 3 This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 4 This Resolution will take effect immediately upon adoption
APPRC
Mark D
M
PASSED AND ADOPTED this 6th day of August, 2002
ATTEST
mey
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
Mike Gordon, Mayor
City of El Segundo
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five, that the foregoing Resolution
No was duly passed and adopted by said City Council, approved and signed by the Mayor
of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
2 4 14 PM
Resolution No
Adopting CMP Local Implementation Report
L 0
Council held on the 6th day of August 2003, and the same was so passed and adopted by the
following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
3 4 14 PM
Resolution No
Adopting CMP Local Implementation Report
t Il)
CITY OF EL SEGUNDO
Date Prepared
15- Jul -02
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 - MAY 31, 2002
Contact Paul Garry
Phone Number (310) 524 -2342
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
2002 ' N STATUS
SUMMARY
1. Total Current Congestion Mitigation Goal
[from Section 11
863
Exempted Dwelling Units
0
Exempted Non - residential sq ft (in 1,000s)
0
2 Transportation Improvements Credit Claims
[from Section II]
2,899
Land Use Strategy Claims
0
Capital Improvement Claims
2
Transit Claims
2
TDM Claims
1
Total Strategies Claimed
5
Subtotal Current Credit (Goal)
3,762
3 Carryover Credit from Last Year's (2000)
Local Implementation Report
2,633
Net Deficiency Plan Credit Balance:
6,395
LIR_2001 -2002 Section I, Page 1
V11
CITY OF EL SEGUNDO Date Prepared 15- Jul -02
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 - MAY 31, 2002
SECTION I - NEW DEVELOPMENT ACTIVITY REPORT
••- DEVELOPMENT
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Debit Debits
I Value/DU
Single Family Residential
7.00
x 680 = 48
Multi-Family Residential
10.00
x 476 = 48
Group Quarters
0.001
x 198 = 0
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Debit Debits
Value /1000SF
Commercial less than 300.000 sq ft
5.66
x 22.23 = 126
Commercial 300,000 s ft or more
0.00
x 1780 = 0
Freestanding Eating & Drinking
0.001
x 6699 = 0
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Debit Debits
Value /1000SF
Lodging
0.00
x 7 21 = 0
Industrial
42.06
x 608 = 256
Office less than 50,000 sq ft
32.47
x 1616 = 525
Office 50,000 - 299,999 sq ft
0.00
x 10.50 = 0
Office 300.000 sq It or more
0.001
x 7.35 = 0
Medical
0.00
x 1690 = 0
Government
0.00
x 20.95 = 0
Institutional /Educational
0.00
x 768 = 0
University
0.00
x 166 = 0
OTHER
DEVELOPMENT ACTIVITY
Description
Attach additional sheets if necessary)
Daily Trips
0
Debit Debits
Vaiue/Tri
ENTER IF APPLICABLE
0.00
x 0 71 = 0
ENTER IF APPLICABLE
0.00
x 071 = 0
Subtotal New Development Acti7iV 1,001
Adjustments (Optional - Com fete Part 2 0 = 1,865
Total Current Congestion Mitigation Goal (Points)= Ss3
LIR 2001 -2002
Section I, Page 2
�1,'
CITY OF EL SEGUNDO Date Prepared 15- Jul -02
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 - MAY 31, 2002
SECTION I - NEW DEVELOPMENT ACTIVITY REPORT (Continued)
Enter information where it says "Enter " If not applicable, enter "0" so it will total
••• DEVELOPMENT ADJUSTMENTS
IMPORTANT Adjustments maybe claimed only for 1) development permits that
were both issued and revoked, expired or withdrawn during the reporting period, and
2 demolition of any structure within the reporting eriod
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Adjustment Subtotal
I Value/DU
Single Family Residential
8.00
x 680 = 54
Multi-Famil y Residential
0.001
x 476 = 0
Group Quarters
0.001
x 198 = 0
COMMERCIAL DEVELOPMENT ADJUSTMENTS
Category
1000 Gross
Square Feet
Adjustment Subtotal
Value /1000SF
Commercial less than 300,000 sq It
0.00
x 22.23 = 0
Commercial 300,000 sq It or more
0.00
x 17.80 = 0
Freestanding Eating & Drinking
0.00
x 66.99 = 0
NON - RETAIL
DEVELOPMENT ADJUSTMENTS
Category
1000 Gross
Square Feat
Adjustment Subtotal
Value /1000SF
Lodging
0.00
x 721 = 0
Industrial
35.83
x 6.08 = 218
Office less than 50,000 s ft J
7.57
x 1616 = 122
Office 50,000 - 299,999 sq ft
140.00
x 1050 = 1,470
Office 300,000 s .ft or more
0.00
x 735 = 0
Medical
0.00
x 1690 = 0
Government
0.00
x 2095 = 0
Institutional/Educational
0.00
x 7 68 = 0
University
0.00
x 1.66 = 0
OTHER DEVELOPMENT ADJUSTMENTS
Description
Attach additional sheets if necessary)
Dally Trips
0
Adjustment Subtotal
Value/Trip
None
0.00
x 0 71 = 0
None
0.00
x 071 = 0
Total Mitigation Goal Adjustments (Points) 1,865
LIR_2001 -2002 Section I, Page 3 99
V 1 J
CITY OF EL SEGUNDO Date Prepared
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 -MAY 31, 2002
SECTION II.b - CAPITAL IMPROVEMENT CREDIT CLAIMS
15-Jul-02
Total Cap. Imp. Projects: 2 Total Cap. Imp. Credit Points):
2,254
1
1
2 3 General use lane on CMP Artenal 5. scope
212 1 4 Sepulveda Boulevard 20
6. Units
lane -mile
7 Sir Name Sepulveda Boulevard
15 Other Info Enter
8 From/To El Segundo Boulevard to Rosecrans Avenue
16
9 Intersection Enter 10 Map Page
732
11 Participants Caltrans and City of El Segundo
1 20
12 MTA Funding 46% 1 13 Your share of local funding
14 Portion of Protect within your jurisdiction
47%
100%
15 Other Info Enter
1 24
16
17
1 18
19
20
21
22
23
24
11500 00
1 12,420
1 2001
1$13,964
1 58%
1 3
1 5008
1 100%
1 2,146
1
z
2 1 3 Artenal Center Medians, CMP Artenal 5 Scope
2151 4 Median in Sepulveda BL (State Route 1) 2 0
6 Units
lane -mile
7 Sir Name Sepulveda Boulevard
8 From/To El Segundo Boulevard to Rosecrans Avenue
9 Intersection Enter 10 Map Page 732
11 Participants Caltrans and City of El Segundo
12 MTA Funding 46% 13 Your share of local funding 47%
14 Portion of Project within your jurisdiction 100%
15 Other Info Enter
16
1 17
18
19
1 20
21
22
23
1 24
57500
1 621
2001
1 $175
1 58%
3
250
100%
1 108
LIR 2001 -2002
Section II b, Page 1
cl�l
CITY OF EL SEGUNDO Date Prepared 15- Jul-02
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 - MAY 31, 2002
SECTION Il.d - TRANSIT CREDIT CLAIMS
Total Transit Projects: 2 Total Transit Credit (Points): 621
1
1
2 1 3 Local Shuttle
1 365 00 1 4 Downtown Lunchtime Shuttle (Route 1)
5. Scope:
438
6 units,
PMT
TRANSIT SERVICE TYPE
7 Express
TRANSIT CREDIT VALUE
T. Ex rasa
B. Local
9. Shuttle 110.
219
2.0
4381
DialaRlde
0
4.5
01
Total
438
Credits
438
Current Avg Weekday Ridershi •
0
0
Credit Factor (avg miles per rider)
7.7
3.3
Avg Daily PMT
0
0
Exact length of route is 3 miles
Enter a zero ( 0 ) for
all blue font entries
if the question is not
applicable or the
answer is unknown
11. First Year of Service 2001
Exact length of route is 2 miles
Enter a zero ( 0 ) for
all blue font entries
if the question is not
applicable or the
answer is unknown
12. Prior credits for ridership: 0
13. Milestone Reached 2
14. Milestone Percent Factor. 100%
15. Annual Operating Cost 0
16. Percent Funded Locally 1009/0
17. If commuter rail feeder service- 0
18. If urban rail feeder service 0
19 Prior credits for rail hoardings- 0
20. Net 1998 Credit Value:
1
2
2 1 3 Local Shuttle
365 00 1 4 Downtown Lunchtime Shuttle (Route 2)
5. Scope:
183
6 Units:
PMT
TRANSIT SERVICE TYPE
TRANSIT CREDIT VALUE
7 Express
8. Local
9 Shuttle
61
3.0
183
10. DialaRide
0
4.5
0
Total
183
Credits
183
Current Avg Weekday Ridershi •
0
0
Credit Factor (avg miles per rider)
7.7
3.3
Avg Daily PMT
0
0
11 First Year of Service* 2002
Exact length of route is 3 miles
Enter a zero ( 0 ) for
all blue font entries
if the question is not
applicable or the
answer is unknown
12 Prior credits for ridership- 0
13 Milestone Reached. 2
14. Milestone Percent Factor, 100%
15. Annual Operating Cost. 0
16 Percent Funded Locally 100%
17. If commuter rail feeder service, 0
18. If urban rail feeder service, 0
19. Prior credits for nail boardings. 0
20. Net 1998 Credit Value:
Section II d, Page 1
Gil-)
CITY OF EL SEGUNDO Date Prepared 15- Jul-02
2002 CMP Local Implementation Report
Report Period: JUNE 1, 2001 -MAY 31, 2002
SECTION Il.e - TDM CREDIT CLAIMS
Total TDM Projects: 11 ITotal TDMCredit (Points): 24
[-1 321.0 CMP TDM Ordinance 80 1911000 gsf
Non - Residential building permits issued, as reported in Section I
No other descnotion /entries recurred for this strateov This is alreadv done for you
030 1 24
LIR 2001 -2002
18 I 20 I 21 I 22 I 23 I 24
n/a 100% 3 n/a 100% 24
Section II e, Page 1
EL SEGUNDO CITY COUNCIL MEETING DATE August 20, 2002
AGENDA ITEM STATEMENT AGENDA HEADING Unfinished Business
AGENDA DESCRIPTION.
Consideration and possible action on a status report of the application for certification of the El
Segundo Power Plant Redevelopment Project (five minute presentation)
RECOMMENDED COUNCIL ACTION
1) Receive and file, and /or
2) Other possible action
BACKGROUND & DISCUSSION
The following status report summarizes the several key issues related to the proposed project
since the last formal update to the Council on July 7, 2001
El Segundo Power II LLC, a subsidiary of Dynegy /NRG is seeking approval from the California
Energy Commission (CEC) to replace two existing generation units (Units 1 and 2) with three
new units (Units 5, 6, and 7) at Its power plant at 301 Vista Del Mar The new facility would be
located at the north end of the property and would be a 630- megawatt natural gas - fired,
combined cycle electric generation plant This represents a 280 - megawatt increase in capacity
over the existing units Two obsolete fuel oil storage tanks at the southern end of the property,
adjacent to 45th Street would be removed The project would also involve the construction of
new potable and reclaimed water lines from the power plant through downtown
(Continued on next page )
ATTACHED SUPPORTING DOCUMENTS
1 CEC Status Report No 5, dated July 9, 2002
2 El Segundo AFC Schedule
FISCAL IMPACT-
Operating Budget,
N/A
Amount Requested
N/A
Account Number
NIA
Project Phase.
NIA
Appropriation Required Yes X No
URiUINATED BY: DATE.
M_ Hansen, Director of Community, Economic and Development Services
ED BY DATE
�j
U1'7
2
STAFF REPORT August 20, 2002
BACKGROUND & DISCUSSION* (cont)
Page 2
Since the last update provided to Council on July 7, 2001, the following issues have been the
primary focus of discussions between the CEC, the applicant, intervenors, and the public at
the various public workshops that have taken place
• The applicant has proposed establishing a 1 2 -acre public use area at the southwest end
of the plant (Staff has proposed a larger 7 -acre public use area following the removal of
two large fuel oil tanks ) The property could be used for a number of public purposes,
including access to the beach, picnics, and a viewing area The applicant has stated the
entire 7 -acre "tank farm" area is needed for future parking, equipment maintenance, and
staging after completion of construction of the power plant At this point, the CEC staff will
not support any condition requiring more public use area than proposed by the applicant
• The City of Manhattan Beach has accepted proposed language for a condition of
certification regarding pre - construction noise measurements and post - construction noise
monitoring, The applicant has not yet stated if this condition is acceptable
• Even though the South Coast Air Quality Management District (SCAQMD) has determined
the project would comply with its regulations, the CEC still considers Particulate Matter (PM
10) emission to be a significant impact that has not been mitigated Until this is resolved,
CEC staff will not recommend certification City staff has proposed a number of mitigation
measures to help reduce local air pollution impacts, including an alternative fueling station
located in El Segundo
• Staff has recommended establishment of an air quality monitoring station and the donation
of a sidewalk sweeper to help mitigate air pollution impacts The applicant has rejected
these suggestions and the CEC has not supported them
• The applicant has proposed a system of horizontal banners to partially screen the new
generator equipment to reduce visual impacts The Coastal Commission has expressed
concerns that the proposals do not entirely mitigate the visual impacts Manhattan Beach
residents who spoke at the recent workshop expressed ambivalence about the benefits of
the proposed banner screening solution Staffs position has been that additional screening
of the new facilities would be needed to fully mitigate the visual impacts
• All previously outstanding issues related to compliance with City landscaping regulations
have been resolved between City staff and the applicant
• The applicant has proposed a large landscaped berm at the south end of the facility, along
45' Street to provide visual screening of the plant Manhattan Beach residents have
accepted this proposal as adequate mitigation for the removal of the large fuel oil tanks
which previously screened the generation units from view
• City staff believes a liquefaction study and slope stability study that the CEC is requiring
after certification of the project should be prepared before certification of the project to
properly analyze environmental impacts and identify mitigation measures
• Due to the potential marine biology impacts of using the existing seawater cooling system
for the project, the CEC has proposed alternative cooling options that would eliminate the
use of seawaterthrough the construction of a pipeline to use secondary treated reclaimed
water from the Hyperion Waste Treatment Plant for cooling The water would be also be
piped back to Hyperion for discharge through its 5 -mile outfall pipe The feasibility and
costs of this option is still being studied by the CEC Estimated cost for this option range up
018
STAFF REPORT August 20, 2002
Page 3
to $100 million The applicant and other Interested parties have expressed many valid
technical concerns about this option Impacts to El Segundo would primarily relate to the
construction of two 5 -6 foot diameter pipelines beneath Vista Del Mar between Hyperion
and the power plant
Process
The California Energy Commission (CEC) has primary jurisdiction over permitting and
licensing of all thermal power plants in excess of 50 megawatts The CEC will determine if this
project should be approved or not The City of El Segundo is a responsible agency with review
and comment authority The applicant submitted an application for certification to the CEC on
December 21, 2000 The CEC has conducted a number of public workshops to allow
opportunities for the City and the public to raise questions of the applicant about the proposed
project On June 18, 2001, the staff of the CEC issued its Staff Assessment on the proposed
project A Supplemental Staff Assessment is scheduled to be distributed by the CEC on
August 30, 2002 This supplement will incorporate the CEC staff's recommendations on all of
the issues discussed since the original Staff Assessment was released last year Public
workshops on the Supplemental Staff Assessment will be scheduled in September, 2002 Any
issues that remain in dispute between the applicant, CEC, and the intervenors (the City is an
intervenor), after the workshops will become the subject of evidentiary hearings to be held in
November, 2002, which are more formal legal proceedings The presiding memberof the CEC
will then issue its proposed decision (PMPD) in late December, 2002, and additional hearings
will be conducted on the PMPD by the CEC The full CEC will then issue the Final Commission
Decision approving or denying the project in late January or early February, 2003
The City Council has authorized the hiring of a consultant [Environmental Science Associates
(ESA)] to assist staff through the certification process Among other issues, the consultant has
prepared reports for the City on processing, municipal utilities, and PM 10 offset alternatives,
exhaust stack height modeling, and staging area Staff may also ask ESA to testify as an
expert witness during the evidentiary hearings, if necessary
City staff has been involved In the review of the application material and technical reports
generated by the CEC and the applicant To date the printed material reviewed by staff stands
about five feet tall and fills 17 CD ROM discs Much of this material is also available for public
review through the CEC's website at www energy ca gov/sitingcases/elsegundo /index html
P \Planning & Building Safety\PROJECTSOynegy Power Plant \8 -20 -02 ais doc
019
State Of California
Memorandum
To Robert Pernell, Presiding Member
William Keese, Associate Member
California Energy Commission -James W Reede, Jr
1516 Ninth Street Energy Commission Project Manager
Sacramento, CA 95614 -5512
The Resources Agency of California
Date July 9, 2002
Telephone
ATSS (916) 654 -1245
Subject : EL SEGUNDO POWER REDEVELOPMENT PROJECT STATUS REPORT #5
Since the Committee Issued Its revised schedule on June 5lh, the applicant has provided
a revised visual enhancement proposal The revised proposal was subject of a
workshop held on June 26 The applicant plans to submit a final version of this
proposal In early July, Including a revised draft Storm Water Pollution Prevention Plan,
the final Project Description and other revisions based on feedback it has received.
Staff issued a Preliminary Draft Alternative Cooling Options Report on June 17 The
report was also a topic at the June 26 workshop. Staff is scheduling a technical
workshop with staff of the Hyperion Treatment Plant for July 17 to further refine the
Alternative Cooling Options Report
The applicant has agreed to a one -month delay of the issuance of the Supplement to
the Staff Assessment until August 22, 2002. (The Committee Schedule currently calls
for the Supplemental Staff Assessment to be released on July 22, 2002.) This
stipulated schedule extension will enable staff to incorporate the information from the
applicant's final visual enhancement proposal into various sections of the Supplement
and to finalize the cooling report The applicant also intends to use this time extension
to address and attempt to resolve other remaining issues, However, we must note that
we are uncertain when we will receive the transmission systems information and so
consequently are not sure that we will be able to publish by 8/22.
Staff has worked diligently toward completion of the Supplement to the Staff
Assessment and has completed most sections requiring additional testimony The
issues that remain are discussed below
LAND USE
On April 24, 2002, the State Lands Commission informed staff that the 49 -year lease for
the El Segundo ocean - cooling intakes and outfalls 001 & 002 expires on October 26,
2002 As of July 3, the applicant had not filed a lease renewal request
BIOLOGICAL RESOURCES
The supplement to the Biological Resources Staff Assessment section is in final review
However, the issues concerning the aquatic biological impacts and the need for a
316(b) -like study remain unresolved Consequently, staff lacks information essential to
completing its analysis, and staff continues to believe that the results of a 316(b) study
are still necessary to appropriately evaluate the project's impacts
020
Status Report # 5
July 11, 2002
Page 2
The National Marine Fisheries, Calfomia Coastal Commission and the California
Department of Fish and Game filed letters in June opposing the use of seawater once -
through cooling until the impacts can be determined through a 316(b) -like study
Due to staffs concerns over the lack of valid 316(b) -like study results to support the
applicant's claim that continued use of once through cooling will not result in significant
impacts, staff began an Alternative Cooling Options Study that identified potentially
feasible methods to lessen or eliminate the potential aquatic biology impacts altogether.
Staff filed a draft of this report on June 17 for review and comment As a result of the
study, comments and discussion, the focus has narrowed to a review of one of the three
options and a follow -up workshop is tentatively planned for July 17
Staff remains willing to delay publication of the Biological Resources section of the
Supplement to the Staff Assessment pending the outcome of a 316(b) -like study
AIR QUALITY
The Final Determination of Compliance (FDOC) was issued February 14, 2002. Staff
has completed their supplement to the staff assessment and at this point is unable to
recommend approval of the project due to the significant and unmitigated PM 10
emissions impacts Impacts that have not been resolved include:
1 Direct project PM 10 impacts stemming from the implementation of a seldom -used
SCAQMD Rule 1304 Rule 1304 allows exemption from standard district offset rules
when there is a replacement of a utility boiler with a combustion turbine This rule
requires the applicant to only offset 45% of their emissions based on the increase of
capacity This exemption however, does not abrogate the Energy Commission's
CEQA certification responsibilities,
2. Cumulative PM10 impacts stemming from the ESGS project and the adjacent
Chevron Refinery MTBE cracking unit change -out and upgrade. The Chevron
project is due to the MTBE ban implementation and ethanol changeover and also
does not have full mitigation, and
3 The projections and high potential of secondary PM10 generation from an excess of
unmitigated SOx emissions.
VISUAL RESOURCES
There is one visual resource issue outstanding, The Coastal Commission made a
finding at its March meeting that the plant site area is visually degraded, and that the
project is inconsistent with the Coastal Act This required the Applicant to enhance the
visual quality of the project.
The Applicant submitted a revised Visual Enhancement Proposal on June 17 Staff
held a workshop in El Segundo on June 26. The revised proposal addressed the
concerns of staff and intervenors While the Coastal Commission still has a remaining
concern as expressed in letters of June 10 and June 28, the concern now appears
resolvable The Coastal Commission has not yet scheduled a hearing to determine the
consistency of the revised visual enhancement proposal nor of the remaining issues
with the Coastal Act
021
Status Report # 5
July 11, 2002
Page 3
Staff anticipates that these visual issues will be resolved when the Applicant files its
final visual enhancement proposal.
NOISE
The applicant has expressed a willingness to perform a 30 -day ambient noise level
monitoring survey at the project site Staff will send the applicant the proposed
Condition of Certification in the near future to enable them to perform the survey during
the summer months of July and August
SOIL AND WATER
The Staff Assessment identified the need for the ESPR to conform with California Water
Code section 13550, which requires the use of reclaimed water where available. Based
on the outcome of the Alternative Cooling Analysis currently under review, the issues
may change relating to reclaimed and potable water usage Staff will revisit the protect
design to determine compliance.
TRANSMISSION SYSTEMS ENGINEERING
In December of 2001 the California ISO requested that SCE perform a new Facilities
Study for the protect due to a number of proposed protects in the queue ahead of ESGS
dropping out During that restudy, an additional protect dropped out of the
interconnection queue and the Applicant was asked to pay for an additional study even
though the restudy had not been completed. The Applicant asked for the Energy
Commission staff to help resolve the issues with SCE, which we have done We are
continuing to work with SCE and the applicant, but that they need to come to agreement
before SCE can conduct the study Until the issue of the Facility Studies is resolved
staff can not complete its analysis or the Supplement to the Staff Assessment
SCHEDULE
Three unresolved issues warrant a delay in the schedule The applicant will be
submitting the final visual enhancement proposal in early July that also includes the
draft SWPPP and landscaping concept plan. Transmission issues are still unresolved
between the Applicant and SCE Finally, staff is working with the applicant, other
parties and agencies to finalize the cooling options study. While the applicant has
agreed to a one -month delay in filing the Supplement to the SA to allow time to address
these issues, staff will need an additional three weeks after the transmission facilities
study is released to issue the Supplement Release of the transmission facilities study
may not occur until sometime in late August or early September
Community and Agency Interest: The ESPR protect is being closely followed by the
beach communities of El Segundo and Manhattan Beach About 50 members of local
neighborhoods have attended the public workshops held in the past
cc El Segundo Proof of Service
022
CALIFORNIA ENERGY COMMISSION
EL SEGUNDO AFC SCHEDULE
(Rev. 2.0)
DAY*
DATE
ACTIVITY
Aug 30
CEC Staff files and serves "Supplement to Staff Assessment"
CEC Staff Workshops on Supplement to Staff Assessment (per Staff
Set 19
CEC Staff Files and Serves "Final Staff Assessment'
Oct 4
Committee Workshop(s)/Prehearing Conference
Oct 7
Committee Hearing Order
Oct 18
Testimony Filed and Served
Nov 4+
Evidentiary Hearings (Possibly Preceded by Committee Workshops)
Dec 24*
Presiding Member's Proposed Decision (PMPD) Issued, Begin 30 -day Public Comment
Period
Jan 23*
End of Public Comment Period on PMPD
Jan 29 or
Feb 5*
Commission Decision on PMPD (Next Scheduled Business Meeting)
Or, if Necessary
* Tentative
OO 04_07- 22 -02_C rite_ ScheduleRev2 0 doc 023
"Revised" PMPD Issued, Begin 15 -day Public Comment Period
r
End of Public Comment Period on Revised PMPD
Decision on Revised PMPD
* Tentative
OO 04_07- 22 -02_C rite_ ScheduleRev2 0 doc 023
m
u
H
H
v
z
$
LL
Zm
N
(l
N
m
�
n
W �
LL
11 LL
4 m
O�
«mymygHg�mw�yyn�gngsie'-
O�x¢
N
2
u
d
U 6
W 4 Z
LL
J WO ¢
zp Y
O 5
Q Z 2 u D 2
Z W F u
Z� O D Z Fq LL m
>5
r! LL g W(((������ W K U Z 2 N
_D 4
ul U K K� Q OQ m
(((
_ Z
W rc °°
VQ
w
LLz
LL W O N N Z U_ N
= m
LL. Q
♦ W W J LL J ZQ U p z w 7 W
, F LL 6' R U
w w op W
m O J W Y f
y O w w w rc
a U Z
° 2 3
W tl� F N �u Z 2 U Zj
Z m. N W m
W S p N D Z N
¢a
O O w y
Z¢ w
O K K Np Y
Q Q LL J
O
y/� O gpru
LL
e
N
b
n
n
mp
H
W
°
U
S
m
E
S
m
0
c
ry
W O
Q W p p
$ Z N 9
0 a `
O N c w
�O_in
Uo
O
F2
w O
F
2
W
Z_
J
s
W
O
H
Y
U
W_
U
e
0
9
E
n
W
Ec
c
All
a°
m n
E
m
m
W
9
6
n\Q
p V
W
nQ Ted
r U O
`o
>d wC
ml�q$aCS
m \\
E �
d T ry t
E
W god `m a
UEE3 i I ,
O
o i,-)k;z,
W W
K �
S p °
024
3
N
m
�
n
D 11
U W'
LL
11 LL
4 m
024
3
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
07127/2002 THROUGH 0819/2002
Date
Payee
Amount
Description
7/29/02
PGC El Segundo LLC
32,621 32
Golf Course Payroll Transfer
7/31/02
Health Comp
67927
Weekly claims 7/26
8/1/02
Employment Development
37,326 10
State Taxes PR 3
8/1/02
IRS
193,712 18
Federal Taxes PR 3
8/2/02
Siemens Credit Corp
44,837 50
Qtrly Energy Mgmt
8/5/02
Federal Reserve
20000
Employee Savings Bonds EE
8/5/02
Federal Reserve
15000
Employee Savings Bonds 1
8/6/02
Health Comp
921 10
Weekly claims 8/2
7/26- 08/9/02
Workers Comp Activity
26,329,47
SCRMA checks issued
336,776 94
DATE OF RATIFICATION- 08120/02
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
8 D
De y Tr surer Date
i ector of Ad mstrative Service Date
._ ✓ 0—/14
citf Man�V r Date
336,776.94
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
025
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, August 6, 2002 — 5.00 P M
5 00 P.M SESSION
CALL TO ORDER — Mayor Gordon at 5 00 p m
ROLL CALL
Mayor Gordon - Present
Mayor ProTem Jacobs - Present
Council Member Gaines - Present
Council Member McDowell - Present
Council Member Wernick - Present - arrived at 5 05 p m
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code
Section §54960, at seq) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with
the City Attorney on potential andfor existing litigation, and /or discussing matters covered under Government Code
Section §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 City of El Segundo v South Bay Regional Public Communications Authority LASC,
YC040688
2 Southern California Edison v State of California, Department of Transportation, LASC
YC043605
3 City of El Segundo v. Stardust West, LASC YC031364
4 Lewis v City of El Segundo, WCAB, VN0380869
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public
statement Is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter
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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code §54957) Title City Manager
Council recessed at 6 55 P M
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
026 AGE NO 14
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 6, 2002 — 7:00 P M.
7 00 P M SESSION
CALL TO ORDER — Mayor Gordon at 7 00 p m
INVOCATION — Pastor Rob McKenna of El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick
PRESENTATIONS —
(a) Mayor Pro Tem Jacobs presented a Commendation to the El Segundo Rotary
for the 5th Annual Movie In the Park, held on August 3, 2002.
(b) Council Member Gaines presented a Commendation to El Segundo Power,
LLC and El Segundo Kiwanis Club for Beauty & The Beach cleanup event held on
Saturday, July 20, 2002
(c) Council Member McDowell presented a Commendation to South Bay Regional
Law Enforcement Explorer Academy and Explorer Patrick Shrum on his outstanding
achievements at the Academy
(d) Mayor Gordon presented a Commendation to Margot Nelligan of Xerox
Corporation for being named "Tree Musketeer of the Year ".
(e) Council Member Wernlck presented a Commendation to DlrecTV for their
ongoing support of the City's Emergency Management Program.
ROLL CALL
Mayor Gordon
Mayor ProTem Jacobs
Council Member Gaines
Council Member McDowell
Council Member Wernlck
- Present
- Present
- Present
- Present
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf
of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the
City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 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
(a) Bill Mason, El Segundo Chamber of Commerce, requested approval of its two
nominees to the South Bay Workforce Investment Board (see Consent Item No 10)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 2
027
(b) Susan Wycoff, El Segundo Chamber of Commerce, requested City support and
approval to close certain streets during the 26t" Annual Richmond Street Fair,
September 28, 2002, between 6 00 a m and 7 00 p m (see Consent Item No 11)
Bill Mason, EI Segundo Chamber of Commerce, read a letter into the record regarding the
circulation element
Jerry Saunders, Continental Development, spoke regarding the circulation element and the
proposed change to the zoning code regarding nonconforming buildings
Kathryn Lourte, Executive Director of the El Segundo Chamber of Commerce, spoke
regarding the South Bay Workforce Investment Board nominees and the proposed zoning
code change
Mike Rotolo, Capital Improvement Program Advisory Committee ( CIPAC), gave an oral
presentation on the CIPAC recommendations for fiscal year 2002 -2003
Liz Garnholz, resident, requested clarification of Consent Item 15 and 27 Spoke regarding
the recent Car Show
A PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only
MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to read all
ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS
VOICE VOTE 5/0
B SPECIAL ORDERS OF BUSINESS
C UNFINISHED BUSINESS
1 Consideration and possible action regarding introduction and first reading of an
Ordinance amending El Segundo Municipal Code § 1 -4-4 to clarify that Council meetings
scheduled on election days will be continued to the next City business day
Mark Hensley, City Attorney, gave a report and read by title only
ORDINANCE NO 1346
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 1-4 -4
RELATING TO CITY COUNCIL MEETINGS
Mayor Pro Tern Jacobs introduced Ordinance No 1346
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 3
L of
2 Consideration and possible action regarding revisions to the Circulation Element and
possibly the Land Use Element of the General Plan.
Jim Hansen, Director of Community, Economic and Development Services, gave a report
MOVED by Mayor Gordon, SECONDED by Council Member McDowell, to direct staff to draft
an RFP and return to Council for approval, for an update to the Circulation Element and
model traffic circulation with three different FAR's, as well as a range, and require the
consultant to report back to Council regarding key assumptions in the initial phase of the
project MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
3 Consideration and possible action regarding the vacancies on both the Planning
Commission and LAXMAC, as well as the upcoming positions to expire on the
Capital Improvement Plan Advisory Committee (CIPAC)
Council consensus to direct staff to open the recruitment process for the open positions on
the Planning Commission and LAXMAC, and the upcoming positions on the CIPAC
4 Consideration and possible action regarding recommendations by the Capital
Improvement Program Advisory Committee (CIPAC) for the fiscal year 2002 -2003
Capital Improvement Program (No Fiscal Impact)
Council consensus to receive and file CIPAC recommendations
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
5 Approved Warrant Numbers 2526523 to 2526852 on Register No. 19 in the total amount
of $1,212,314 04 and Wire Transfers from 6/22/2002 through 7/5/2002 in the amount of
$284,302 81, and Warrant Numbers 2526853 to 2527325 on Register No 20 in the total
amount of $1,665,56846, and Wire Transfers from 7/6/2002 through 7/2612002 in the
amount of $1,475,274 04, authorized staff to release Ratified Payroll and Employee
Benefit checks, checks released early due to contracts or agreement; emergency
disbursements and /or adjustments; and wire transfers.
6 Approved City Council Regular Meeting Minutes of July 2, 2002 and Special Meeting
Minutes of July 3, 2002
7 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
8 Received and filed report by the Chief of Police on communications interoperability
between the El Segundo Police Department and the Security Forces of the Los Angeles
Air Force Base
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 4
029
9 Approved the Bureau of Justice Assistance Local Law Enforcement Block Grant awarding
$10,687 in grant funding with a $1,187 cash match from Asset Forfeiture funds
10 Approved the appointment of Private Section Business representatives Denise
DiPasquale of Fed -Ex Recruitment and Joe Harding of the Hacienda Hotel from the City
of El Segundo to the South Bay Workforce Investment Board (SBWIB).
11 PULLED FOR DISCUSSION BY COUNCIL MEMBER MCDOWELL
12 Accepted an in -kind donation of satellite hardware and services from DirecTV to the City
of El Segundo's Office of Emergency Services (OES). Satellite hardware (estimated value
$3,150), Annual services (Estimated value $1,200 Authorized the installation of donated
equipment in the Emergency Operations Center
13 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
14 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
15 PULLED BY MAYOR PRO TEM JACOBS AT THE REQUEST OF A RESIDENT
16 Received and filed monthly status report on Capital Improvement Program Projects — (No
Fiscal Impact).
17 Concurred with the Tree Sub - committee's recommendation to remove some trees as
appropriate on Grand Avenue, between Concord Street and Eucalyptus Drive (no impact
to the trees on the median islands) (No Fiscal Impact)
18 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
19 Adopted plans and specifications for the construction of intersection drainage
improvements at East Imperial Avenue (east of California Street), Lairport Street (south of
Maple Avenue), Mariposa Avenue (east of Maryland Street), Maryland Street (North of
Mariposa Avenue) and Sheldon Street (at Oak Avenue) — Approved Capital Improvement
Program — Project No. PW 02 -12. (Estimated cost $190,000) Authorized staff to
advertise the project for receipt of construction bids
20 Approved Change Order No 1 in the amount of $7,810 Accepted the work as complete
for the rehabilitation of Sanitary Sewer Pump Station No. 6 (1465 East Palm Avenue) —
Approved Capital Improvement Program — Project No. PW 01 -12. (Contract Amount
$301,667). Authorized the City Clerk to file the City Engineer's Notice of Completion in the
County Recorder's Office
21 Awarded Contract No 3036 to Robert G. Castongia, Inc, for replacement of 8" water line
on Pine Avenue, between alley east of Richmond Street and Penn Street— Approved
Capital Improvement Program — Project No PW 02 -06 (Estimated Cost $219,227)
Authorized the City Manager to execute the contract on behalf of the City Authorized
$20,000 for construction contingencies.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 5
030
22 Awarded Contract No 3037 to Flo- Systems, Inc , on a single- source basis to Install
automatic transfer switches for portable generators at four (4) sewer pump stations
(Fiscal Impact $26,288.00). Authorized the City Manager to execute the contract on
behalf of the City
23 Accepted an irrevocable offer from Arena Street Ventures LLC, to dedicate private
property for public sidewalk purposes (No Fiscal Impact) Authorized the City Clerk to
have the document recorded in the Los Angeles County Recorder's Office
24.Awarded Contract No. 3038 to Pavement Coatings Company for 2001 -2002 Slurry Seal —
Approved Capital Improvement Program — Project No PW 01 -20 (Fiscal Impact
$154,634 89) Authorized the City Manager to execute the contract on behalf of the City.
Authorized $12,000 for construction contingencies
25 PULLED BY MAYOR GORDON DUE TO A POTENTIAL CONFLICT
26 Approved an agreement with Howard Ridley Company, Inc, for professional concrete
waterproofing services at City Hall — Approved Facilities Maintenance Program (Estimated
cost of service $18,400 00) Authorized the City manager to execute the standard
Agreement No 3039 on behalf of the City
27 PULLED BY COUNCIL MEMBER WERNICK AT THE REQUEST OF A RESIDENT
28. Received and filed FY 2002 -03 Preliminary Operating Budget and Five Year Capital
Improvement Project Plan Made public announcements of the key budget dates:
Budget Workshops — August 20, 2002, 5 00 p m to 7 00 p m , Continued if
Necessary — August 21, 2002, 5 00 p m to 7 00 p.m , Public Hearing — September 3,
2002, 7 00 p m , Continued Public Hearing and Adoption — September 17, 2002, 7:00
p.m.
29 Adopted Resolution No 4265 to approve the use of Los Angeles County Regional
Park and Open Space District Funds for the Imperial Avenue Vista Beautification
Project (Clutter's Bluff). Directed staff to forward the document to the Los Angeles
County Regional Park and Open Space District.
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve
Consent Agenda items, 5, 6, 8, 9, 10, 12, 16, 17 18, 19, 20, 21, 22, 23, 24, 26, 28 and 29
MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
CALL ITEMS FROM CONSENT AGENDA
7 Consideration and possible action regarding the renewal of agreements for the Joint Use
of Video Studio & Equipment, and for the Library Systems Affiliation Agreement between
the City of EI Segundo and the El Segundo Unified School District for a period of five
years (Cost Library $215,000)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 6
031
MOVED by Council Member Wernick, seconded by Mayor Pro Tern Jacobs to approve
the Second Amendment to the Joint Use of Video Studio & Equipment Contract
Agreement #1713 beginning September 12, 2002 and ending on September 11, 2007;
approve the Eighth Amendment to the Library Systems Affiliation Agreement Contract
Agreement #2132 beginning October 1, 2002 and ending September 30, 2007; authorize
the Mayor to execute both contract agreements on behalf of the City. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
11 Approved a request by the El Segundo Chamber of Commerce for City support and
approval to close certain streets during the 26th Annual Richmond Street Fair, Saturday,
September 28, 2002, between 6 00 a m and 7:00 p m
MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick, to approve a
request by the El Segundo Chamber of Commerce for City support and approval to close
certain streets during the 26th Annual Richmond Street Fair, Saturday, September 28, 2002,
between 6*00 a.m. and 7 00 p m MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
13 Consideration and possible action regarding participation in the South Bay Communities
and Affiliates Energy Efficiency Program
MOVED by Council Member Wernick, SECONDED by Mayor Pro Tem Jacobs to approve El
Segundo's participation in the South Bay Communities and Affiliates Energy Efficiency
Program and authorize the City Manager to designate a staff contact for the City MOTION
PASSED BY UNANIMOUS VOICE VOTE 510
14 Consideration and possible action regarding the City of El Segundo's membership in the
California Contract Cities Association. Authorized the City of El Segundo's membership in
the California Contract Cities Association
MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to
authorize the City of El Segundo's membership in the California Contract Cities association
and approved an appropriation of $2,800 00 to be included in the 2002 -2003 budget.
MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
15 Consideration and possible action amending the City's grant agreements with the Federal
Aviation Administration (FAA) to provide for cash drawdowns on an as needed basis
MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to amend the
City's grant agreements with the Federal Aviation Administration (FAA) to provide for cash
drawdowns on an as needed basis and authorize the City Manager to execute Amendment
No 1 to FAA Grant Agreement No 3 -06- 0139 -NT MOTION PASSED BY UNANIMOUS
VOICE VOTE 5/0
18 Consideration and possible action regarding adoption of plans and specifications for the
removal and storage of just over 1,000 Heritage Stones as part of the Downtown Specific
Plan implementation — Approved Capital Improvement Program — Protect No PW 02 -17
(Fiscal Impact $46,000).
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 7
032
MOVED by Council Member Wernick, SECONDED by Mayor Pro Tem Jacobs to approve
plans and specifications for the removal and storage of dust over 1,000 Heritage Stones as
part of the Downtown Specific Plan implementation — Approved Capital Improvement
Program — Project No PW 02 -17 and authorized staff to advertise the project for receipt of
construction bids MOTION PASSED BY UNANIMOUS VOICE VOTE 510
25 Consideration and possible action regarding Addendum No. 1 to the City - Caltrans
Cooperative Agreement (District Agreement No 7 -4457) and award of construction
contract for the Sepulveda Boulevard Signal Improvements to Excel Paving
Company — Approved Capital Improvement Program — Project No PW 02 -15.
(Contract Amount $275,960)
MOVED by Council Member Wernick, SECONDED by Council Member Gaines to approve
Addendum No 1 to the City - Caltrans Cooperative Agreement (District Agreement No 7-
4457) and award of construction contract for the Sepulveda Boulevard Signal Improvements
to Excel Paving Company — Approved Capital Improvement Program — Project No PW 02-
15 (Contract Amount $275,960) Authorized the City Manager to execute Addendum No. 1
and the construction Contract No. 3040 on behalf of the City MOTION PASSED BY
UNANIMOUS VOICE VOTE 4/0 MAYOR GORDON NOT PARTICIPATING DUE TO A
POTENTIAL CONFLICT
27 Approved Resolution No 4264 providing for salary and benefit changes to Chapter
1A2 (Management - Confidential Series) of the El Segundo Administrative Code
(Fiscal Impact $283,000)
MOVED by Council Member Wernick, Seconded by Council Member Gaines to approve
Resolution No 4264 providing for salary and benefit changes to Chapter 1A2
(Management - Confidential Series) of the El Segundo Administrative Code MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
NEW BUSINESS —
30 Consideration and possible action regarding appropriation of funds to pay for the
balance of the 2001 -2002 Amalgamated System Sewage Charges ($551,000).
Mary Strenn, City Manager, gave a report
MOVED by Council Member Wernick, SECONDED by Council Member McDowell to
approve the appropriation of $551,000 for payment of the balance of the 2001 -2002
Amalgamated System Sewage Charges MOTION PASSED BY UNANIMOUS VOICE
VOTE 5/0
31 Consideration and possible action regarding — (1) Approval of an emergency
ordinance implementing the Standard Urban Storm Water Mitigation Plan of the
California Regional Water Quality Control Board for the Los Angeles Region by
amending Chapter 7 of Title 5 of the El Segundo Municipal Code in its entirety; (2)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 8
033
Approval of an ordinance implementing the Standard Urban Storm Water Mitigation
Plan of the California Regional Water Quality Control Board for the Los Angeles
Region by amending Chapter 7 of Title 5 of the El Segundo Municipal Code in its
entirety — (Fiscal Impact to be determined)
Mary Strenn, City Manager, gave a report
Mark Hensley, City Attorney, read by title only.
ORDINANCE NO 1347
AN URGENCY ORDINANCE IMPLEMENTING THE STANDARD URBAN STORM
WATER MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY
CONTROL BOARD FOR THE LOS ANGELES REGION BY AMENDING CHAPTER
7 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY.
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to
approve Emergency Ordinance No 1347 to take effect on September 2, 2002,
implementing the Standard Urban Storm Water Mitigation Plan of the California Regional
Water Quality Control Board for the Los Angeles Region by amending Chapter 7 of Title 5 of
the El Segundo Municipal Code in its entirety MOTION PASSED BY UNANIMOUS VOICE
VOTE 5(0
Mark Hensley, City Attorney, read by title only
ORDINANCE NO 1348
AN ORDINANCE IMPLEMENTING THE STANDARD URBAN STORM WATER
MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD FOR THE LOS ANGELES REGION BY AMENDING CHAPTER 7 OF TITLE 5 OF
THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY.
Council Member Gaines introduced Ordinance No 1348
F REPORTS — CITY MANAGER — NONE
G REPORTS — CITY ATTORNEY —
Reported that authorization had been given to commence legal action against Tyler Davis
regarding his dangerous dogs
H REPORTS — CITY CLERK
Noted that a FY 2002/2003 Public Workshop Budget Meeting will be held at 5.00 p m on
August 20, 2002 in the Council Chamber with the Regular Council Meeting starting at 7.00
pm
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 9
034
REPORTS — CITY TREASURER — NONE
J REPORTS — CITY COUNCIL MEMBERS
Council Member McDowell —
32 Consideration and possible action concerning the repeal of the zoning code which
allows a 15,000 square foot expansion to non - conforming buildings and the
corresponding amendment to the General Plan Land Use Element
Jim Hansen, Director of Community, Economic and Development Services, gave a report.
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to direct
the Planning Commission to review the possible repeal of the zoning code which allows a
15,000 square foot expansion to non - conforming buildings and corresponding amendment
to the General Plan Land Use Element and bring recommendations back to Council
MOTION PASSED BY THE FOLLOWING VOTE AYES MAYOR GORDON, COUNCIL
MEMBERS GAINES AND MCDOWELL, NOES MAYOR PRO TEM JACOBS AND
COUNCIL MEMBER WERNICK 3/2
Council Member Gaines —
Reported on MAX Board Meeting Noted he had been elected President Reported that the
City would be receiving a check of approximately $10,000 from MAX as a refund on the
existing contract
Reported that surplus MAX buses are to be donated to our Sister City
Council Member Wemick —
33. Oral report regarding the City's award from the Waste Management Board for
complying with AB939. Presented award plaque to the City,
Reported on League of California Cities Conference and Park Vista 15 -Year Anniversary
Requested that the recently released President's Child Safety Handbook be made available
at the Fire Stations and the Police Department
Mayor Pro Tern Jacobs —
34 Consideration and possible action regarding a resolution supporting the current level
of services and programs at Harbor -UCLA Medical Center
Mayor Pro Tem Jacobs gave a report
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 10
035
MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member Wernick to approve
Resolution No 4266 supporting the continued operation of Harbor -UCLA Medical Center as
a full service Tertiary Hospital and Level 1 Trauma Center. MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
Mayor Pro Tern Jacobs reported on the recent Table Top exercise on Terrorism
Mayor Gordon —
Reported on recent legislation Noted CSI is now filming in El Segundo Thanked the
Police Association for the successful Car Show Announced that on Saturday August 17th a
Homeland Defense Seminar will be held at Mira Costa High School Reported on the
successful Red Cross Blood Drive
PUBLIC COMMUNICATIONS — NONE
MEMORIALS - — In memory of Chris Kirkpatrick, a 2 -month City employee who died of cancer on
July 11, 2002, resident Shari Mahler who died on July 27, 2002 and Eva Marie Williams, resident
and wife of Eddie Williams.
CELEBRATION — The birth of Michael Herbach Jr, born July 11th to El Segundo Photographer
Michael Herbach and his wife Leslie
CLOSED SESSION - NONE
ADJOURNMENT at 9 40 P M
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 6, 2002
PAGE NO 11
WE
EL SEGUNDO CITY COUNCIL MEETING DATE. August 20, 2002
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION-
Consideration and possible action regarding approval of the City entering Into a Joint Exercise
of Powers Agreement with the City of Glendale to evaluate the feasibility of participating in a
public safety radio network
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to execute a Joint Exercise of Powers Agreement between the
City El Segundo and the City of Glendale to establish an Interim Joint Powers Agency in a
form approved by the City Attorney
(2) Alternatively discuss and take other action related to this Item
BACKGROUND & DISCUSSION.
On February 3, 1998, City Council authorized staff to design, construct and operate a Public
Safety Communications Center The Center became operational in August 2000 providing
dispatch services for the cities of El Segundo and Hermosa Beach As part of this multi -phase
project a "conventional' analog radio system was designed and installed to provide superior
coverage throughout the city With conventional radio, the radio system is assigned specific
channels exclusively to specific users During the radio design phase, it was determined that
all installed radio equipment would have the capability of migrating to a countywide "trunked"
radio system should the opportunity arise The fundamental difference with a trunked system is
that many users share limited radio channel resources This resource sharing is possible
because a computer - driven trunking controller assigns the radio channel to specific users
automatically
-continued-
ATTACHED SUPPORTING DOCUMENTS:
Draft proposed Joint Exercise of Powers Agreement
FISCAL IMPACT:
Operating Budget:
None
Amount Requested.
None
Account Number:
None.
Project Phase,
None
Appropriation Required:
No.
ORIGINATED: DATE: August 12, 2002
Ma hipps, Lieutenant
Jack Wayt, C of of Police
ooncwrvn ev ... ��.
ary enn, City Manager
037
The City of Glendale has recognized the need for public safety agencies to communicate
throughout Los Angeles county The City of Glendale is currently installing a trunked radio
network referred to as the Interagency Communications Interoperability System or ICIS ]CIS
is capable of future expansion to allow wide area radio coverage and mteroperabdity between
participating agencies Interoperabdity refers to the ability of public safety personnel to
communicate by radio with personnel from other agencies, on demand and in real time
It is recommended that Council authorize the City Manager to execute a Joint Exercise of
Powers Agreement between the City El Segundo and the City of Glendale to establish an
Interim Joint Powers Agency in a form approved by the City Attorney The agreement is
created solely to evaluate, and if feasible, cause to be established and participate in a public
safety radio network The agreement provides that an interim local agency shall be created to
provide a coordinated approach for the evaluation, planning, design, and securing of funding
for the development and maintenance of the system Participation in this interim local agency
does not bind or commit the City to participate in a permanent joint powers authority or in any
future ICIS project, nor does it commit the City to expend any funds
1 "
JOINT EXERCISE OF POWERS AGREEMENT TO ESTABLISH AN INTERIM
JOINT POWERS AGENCY TO CREATE THE INTERAGENCY
COMMUNICATIONS INTEROPERABILITY SYSTEM
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement ") is
made this day of 2002, by, between and
among the following public agencies
City of Beverly Hills, a municipal corporation in the State of California,
City of Burbank, a municipal corporation in the State of California,
City of Culver City, a municipal corporation in the State of California,
City of El Segundo, a municipal corporation in the State of California,
City of Glendale, a municipal corporation in the State of California,
City of Montebello, a municipal corporation in the State of California,
City of Pasadena, a municipal corporation in the State of California,
City of Pomona, a municipal corporation in the State of California, and
City of Torrance, a municipal corporation in the State of California
Each of the public agencies executing this Agreement shall individually be
referred to as "Member" or collectively referred to as "Members "
RECITALS
A Members are each empowered, pursuant to Section 6500 et seq of
the California Government Code to execute agreements with other public agencies
to jointly exercise powers commonly held by each of the contracting public agencies
( "point powers agreement ") and other powers applicable to point powers agencies by
law
B Members agree that it is their goal to evaluate and if feasible, cost
effective and appropriate for each Member, cause to be established and to
participate in a public safety radio network hereinafter referred to as the
"Interagency Communications I nteroperability System" or "ICIS" to meet or enhance
their current public safety radio communications needs and to provide an
architecture capable of expanding to meet future needs
C Members agree that an interim local agency shall be created to
provide a coordinated approach for the evaluation, planning, design, and securing of
funding for the development and maintenance of ICIS and such other activities
related thereto as determined by this Interim Joint Powers Authority to be
appropriate
D Members agree that this local agency shall be of an interim, short-term
nature, created solely for the general, pre - implementation activities set forth herein,
and that participation in this interim local agency does not bind or commit in anyway
any Member to participate in a permanent point powers authority or in any future
C \WINDOWS \TEMPORARY INTERNET FILES \OLK3383 \INTERIM SPA 1 1 DOC
August 7, 2002 - 11 01 AM 039
ICIS project, unless and until such participation is separately approved by the City
Council of such Member
NOW, THEREFORE, in consideration of the recitals and mutual obligations
of the Members as herein contained, Members agree as follows
TERMS
1 0 PURPOSE This Agreement is made pursuant to the provisions of
Article 1, Chapter 5, Division 7, Title 1 of the California Government Code
(commencing with Section 6500), relating to the joint exercise of powers common to
public agencies. Members possess the powers referred to in the recitals hereof
The purpose of this agreement is to create an interim planning agency that will
study the feasibility of forming a permanent point powers authority, develop funding
mechanisms, provide a plan for the management of ICIS, and resolve technical and
operational issues Such purposes are to be accomplished and said common power
exercised in the manner hereinafter set forth
20 TERM This Agreement shall become effective immediately upon
approval of any two or more Members, and shall continue in full force and effect
until such time as a permanenttoint powers authority is established or until June 30,
2003, whichever is earlier The term of this Agreement may be extended by an
agreement of the participating Members Members shall provide ninety (90) days
notice of intent to withdraw from this Agreement In the event of a Member
withdrawing from this Agreement, such Member shall have no interest or claim
against the ICIS Interim JPA, the Board, or any of the remaining Members
30 CREATION OF INDEPENDENT AGENCY Pursuant to Section 6507
of the California Government Code, there is hereby created a public entity known as
the "Interagency Communications Interoperability System Interim Joint Powers
Authority" (hereinafter "ICIS Interim JPA" or "Authority ") and said Authority shall be
an entity separate and apart from the Members
40 BOARD Authority shall be governed by a board to be known as the
"Interagency Communications InteroperabditySystem Interim Joint Powers Authority
Governance Board" (hereinafter "Interim Board ") Each member of the Interim
Board shall serve in his /her individual capacity as a member of the Board The
membership of the Interim Board shall be one representative from each Member
appointed by the Member's City Manager The appointed members of the Interim
Board shall serve at the pleasure of their appointing authority Each memberofthe
Interim Board shall have an alternate which may act in his /her absence Alternates
shall be chosen in the same manner as regular members Any vacancy shall be
filled in the same manner as described herein for appointment The Board shall
appoint its own Chairperson, Vice Chairperson and Treasurer from among the
members and shall appoint a Secretary who may, but need not, be a member The
officers shall perform the duties normal to said offices
2
C \WINDOWS \TEMPORARY INTERNET PILES \OLK3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
50 MEETINGS OF THE INTERIM BOARD
a Regular Meetings The Board shall conduct regular meetings
at least monthly and such other times as the Board shall direct
b Ralph M Brown Act All meetings of the Interim Board,
including, without limitation, regular, adjourned regular, and
special meetings shall be called, noticed, held, and conducted
in accordance with the provisions of the Ralph M Brown Act
(commencing with Section 54950 of the California Government
Code)
c Quorum A majority of Interim Board members shall constitute
a quorum for the transaction of business, except that less than
a quorum may adjourn from time to time The affirmative vote
of at least a majority of the members available in the quorum
shall be required for any act of the Interim Board other than
adjournment
60 RULES OF THE INTERIM BOARD The Interim Board may adopt,
from time to time, bylaws, rules, and regulations as may be required for the conduct
of its meetings and the orderly operation of the Authority Copies and amendments
thereto shall be filed with the Members
70 STANDING COMMITTEES The Board shall appoint two standing
committees to be known as the "ICIS Operations Committee" and the "ICIS
Technical Committee " Each Committee shall have a Chairperson selected by the
Interim Board and a Vice Chairperson selected by the Committee subject to the
concurrence of the Interim Board The ICIS Operations Committee members shall
be comprised of first responding personnel The ICIS Technical Committee shall be
comprised of radio communications personnel of Members
80 POWERS OF AUTHORITY Subject to applicable law and not
otherwise prohibited by this Agreement, the Interim Board may exercise the
following powers to implement and effectuate the terms, provisions and purposes of
this Agreement
a. To make and enter into contracts, provided that under no
circumstance shall the Interim Board enter into any contract or
commit any act of omission which may result in a debt, liability
or obligation, either present or future, for any individual
Member, unless such Member expressly agrees in writing to
be bound by such contract or conduct,
b To employ or engage contractors, agents, or employees;
3
C \WINDOWS \TEMPORARY INTERNET PILES \OLK3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
041
c To apply for, receive and utilize grants and loans from Federal,
State or local governments or from any other available source
in order to pursue the purpose of the Interim Authority,
d To incur debts, liabilities and obligations, only in the event that
a Member or Members have expressly agreed to appropriate
funds for such specific purpose, and in any event, not beyond
the term of the Interim Authority,
e To promulgate, adopt, and enforce any rules and regulations,
as may be necessary and proper to implement and effectuate
the terms, provisions, and purposes of this Agreement,
90 LIMITATION ON EXERCISE OF POWERS All common powers
exercised by the Interim Board shall be exercised in a manner consistent with, and
subject to, the restrictions and limitations upon the exercise of such powers as are
applicable to municipal corporations and as set forth in this Agreement
10 0 FUNDING No funding or financial obligation is or shall be created
against any Member as a consequence of executing or performing this Agreement
In addition to any funds derived from grants or other sources, funding for the ICIS
Interim JPA may be from Members appropriations for the purposes of the ICIS
Interim JPA, or from in -kind contributions of staff time and resources from the
Members or other interested agencies, at their discretion
11 0 OPERATING MEMORANDA To preserve a reasonable degree of
flexibility, many parts of this Agreement are stated in general terms It is understood
that there will be operating memoranda executed and amended from time to time
which may further define the rights and obligations of the Members
12 0 INDEMNIFICATION The ICIS Interim JPA shall acquire such
insurance, including coverage for general liability, auto and worker's compensation,
as is adequate and necessary to protect the interests of the Board, the Members,
and the public The ICIS Interim JPA shall, at its sole expense, defend, indemnify,
and hold harmless the members and alternates of the Interim Board, each Member
and its respective officials, officers, employees, and agents from and against all
claims, losses, damages, costs, injury, and liability of every kind, nature, and
description which directly or indirectly arise from any actions of the Interim Board, or
the ICIS Interim JPA, or the performance of this Agreement
13 0 LIABILITY OF MEMBERS Pursuant to the authority of Section
6508 1 of the California Government Code, the debts, liabilities, orobligations of the
Authority shall be solely the debts, liabilities and obligations of the Authority and not
the Members
4
C \WINDOWS \TEMPORARY INTERNET FILES \OLK3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
042
114 MISCELLANEOUS
141 Amendment— Addition of Members This Agreement maybe
amended at any time by a written amendment to this Agreement duly
executed by all the Members New members may be added to the
ICIS Interim JPA by written amendment of this Agreement duly
executed by all the Members and the new member
14 2 Notices. All notices, statements, demands, requests,
consents, approvals, authorizations, agreements, appointments, or
designations hereunder shall be given in writing and addressed to the
principal place of business of each Member.
14 3 Validity If any one or more of the terms, provisions, promises,
covenants, or conditions of this Agreement shall to any extent be
adjudged invalid, unenforceable, void, or voidable for any reason
whatsoever by a court of competent jurisdiction, each and all of the
remaining terms, provisions, promises, covenants, and conditions of
this Agreement shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law
14 4 Successors This Agreement shall be binding upon and shall
inure to the benefit of the successors of each Member
145 Assignment No Member shall assign any rights or obligations
under this Agreement without the prior written consent -of all other
Members
14 6 Governing Law This Agreement is made in the State of
California under the Constitution and Laws of such State and is to be
so construed
14 7 No Third Party Beneficiaries. This Agreement and the
obligations hereunder are not intended to benefit any party otherthan
the [CIS Interim JPA and its Members, except as expressly provided
otherwise herein No entity not a signatory to this Agreement shall
have any rights or causes of action against any party to this
Agreement as a result of that party's performance or non - performance
under this Agreement, except as expressly provided otherwise herein
14 8 Filing of Notice of Agreement Within 30 days after this
Agreement becomes effective, the City of Glendale shall file with the
Secretary of State the Notice of Agreement required by Government
Code section 6503 5
5
C \WINDOWS \TEMPORARY INTERNET FILES \OLK3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
043
IN WITNESS WHEREOF, the Members have executed this Agreement on
the day and year hereinafter indicated making the same effective upon the date
signed by the last of all the Members (the "Effective Date')
CITY OF BEVERLY HILLS
By
City Manager
CITY OF BURBANK
By
City Manager
CITY OF CULVER CITY
By
City Manager
CITY OF EL SEGUNDO
By
City Manager
CITY OF GLENDALE
By
City Manager
CITY OF MONTEBELLO
By
City Manager
CITY OF PASADENA
By
City Manager
CITY OF POMONA
By
6
C \WINDOWS \TEMPORARY INTERNET FILES \OLE3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
044
City Manager
CITY OF TORRANCE
BE
Mayor
7
C \WINDOWS \TEMPORARY INTERNET FILES \OLK3383 \INTERIM JPA 1 1 DOC
August 7, 2002 - 11 01 AM
045
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION*
MEETING DATE: August 20, 2002
AGENDA HEADING Consent
Consideration and possible action regarding the annual adoption of the City's Investment
Policy
COUNCIL ACTION:
(1)Adopt City's Policy as submitted
(2)Alternatively discuss and take other action related to this term
BACKGROUND & DISCUSSION.
The Investment Policy of a local agency, by State law, must be adopted annually by its
legislative body The policy presented herewith for consideration and adoption has a glossary
addition and no other changes from that which was approved last year
ATTACHED SUPPORTING DOCUMENTS:
Recommended Investment Policy and attachments
FISCAL IMPACT.
Operating Budget. N/A
Amount Requested: NIA
Account Number. N/A
Project Phase: N/A
Appropriation Required: _Yes X No
ORIGINATED
DATE: 8/14/02
0�l `� _�• �1�
Ralph E Lanphere, City Treasurer
REVIEWED Y•
DATE:
LI-.... - -- LI - - - --
t .
City of El Segundo
Investment Policy
It is the policy of the City of El Segundo to invest public funds in a prudent manner with
the primary objectives of, in priority order, safety, liquidity and yield, and in conformance
with all state and local statutes governing the investment of public funds
%II=: .. -
This investment policy applies to all funds invested on behalf of the City of El Segundo
These funds are accounted for in the City of El Segundo's Comprehensive Annual
Financial Report and include
21 Funds
21 1
General Fund
2 12
Special Revenue Funds
21 3
Capital Project Funds
2 1 4
Enterprise Funds
2 1 5
Trust and Agency Funds
2 1 6
Debt Service Fund
1 'M M
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing
public funds, the City Council, Treasurer and other persons authorized to make
investment decisions on behalf of the City, shall act with the care, skill, prudence, and
diligence under the circumstances then prevailing, that a prudent person acting in a like
capacity and familiarity with those matters would use in the conduct of funds of a like
character and with like aims, to safeguard the principal and maintain the liquidity needs
of the City
3 1 The standard of prudence to be used by investment officers shall be the "prudent
investor" standard and shall be applied in the context of managing an overall
portfolio of money and investments that belong to the public Investment officers
acting in accordance with written procedures and the investment policy and
exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and appropriate action is taken to
control adverse developments
06/02
0 4'1,_
°MI=f7.'S�.Si�+fa-
The primary objectives, in priority order, of the City of El Segundo's investment activities
shall be
41 Safety Safety of principal is the foremost objective of the investment program
Investments of the City of El Segundo shall be undertaken in a manner that seeks
to ensure the preservation of capital in the overall portfolio To attain this
objective, the City shall only invest in high quality securities and it shall diversify
its investments in order that potential losses on individual securities do not exceed
the income generated from the remainder of the portfolio so as not to harm the
City =s cash flow and principal The City shall also structure its portfolio so as to
prevent the need to sell securities prior to maturity and it shall not take short
positions, that is, selling securities that the City does not own
42 Liquidity The City of El Segundo's investment portfolio will remain sufficiently
liquid to enable the City of El Segundo to meet all operating requirements which
might be reasonably anticipated
43 Returns on investment The City of El Segundo's investment portfolio shall be
designed with the objective of attaining a return throughout budgetary and
economic cycles, taking into account the City of El Segundo's investment risk
constraints and the cash flow characteristics of the portfolio
Authority to manage the City of El Segundo's investment program is derived from the
following State of California Government Code Section 53600 et seq Management
responsibility for the investment program is therefore delegated to the City Treasurer,
who shall establish written procedures for the operation of the investment program
consistent with this investment policy Procedures should include reference to-
safekeeping, wire transfer agreements, collateral /depository agreements and banking
service contracts Such procedures shall include explicit delegation of authority to
persons responsible for investment transactions No person may engage in an investment
transaction except as provided under the terms of this policy and the procedures
established by the City Treasurer The City Treasurer shall be responsible for all
transactions undertaken and shall establish a system of controls to regulate the activities
of subordinate officials
i11 •\tfi�T.TibT�.fST.SFffo M�:Tf .�
The City Treasurer shall transact business only with banks, savings and loans, state and
federal credit unions, and securities dealers The Treasurer shall select and maintain a
current list of broker /dealers, as defined by Corporations Code Section 25004, authorized
to provide the City investment services This list of broker /dealers shall be included in
the Treasurer3s monthly investment report to the City Council The broker /dealers shall
meet the requirements of Government Code Section 53635 5 and Securities & Exchange
2 06/02
048
70
80
.o
Commission Rule 240 150-1 (uniform net capital rule). The Treasurer shall keep on file
with the City an audited financial statement for each authorized broker /dealer =s last
complete fiscal year Each authorized broker /dealer shall execute an acknowledgement
that it has read the City =s current Investment Policy and that it will abide by the terms
and conditions of the Policy Additionally, each such broker /dealer shall complete the
questionnaire attached hereto City funds shall only be placed in and invested with
depositories that meet the requirements of Government Code Sections 53630 et seq
The City of El Segundo is empowered by California Government Code Section 53600
et seq to invest in the following types of securities pursuant to the limits imposed by said
statute (A copy of Government Code Sections 53601 and 536016 are attached and by
reference herein incorporated) Of such permitted investments, City funds may be
invested, subject to the maturity and percentage restrictions contained in Government
Code Section 53601 and 536016, as amended from time to time, as set forth below
71 Permitted Investments/Deposits
71 1
Securities of the U S Government
7 1 2
Certificates of Deposits
7 1 3
Negotiable Certificates of Deposit
7 14
Bankers Acceptances
7 15
Commercial Paper
7 1 6
Local Agency Investment Fund (LAIF)
71 7
Time deposits
7 1 8
Mutual Funds
7.19.
Medium Term Notes
7 1 10
County Pooled Funds
Collateralization will be required on certificates of deposit pursuant to Government Code
Sections 53652 through 53667
Collateral will always be held by an independent third party with whom the City has a
current custodial agreement A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the City and retained
All security transactions entered into by the City of El Segundo shall be conducted on a
delivery- versus - payment (DVP) basis pursuant to Government Code Section 53601
Except for certificates of deposit, securities shall be held by a third party custodian
designated by the Treasurer and evidenced by safekeeping receipts pursuant to
Government Code Section 53608
06/02
049
ITIMIEFDROMOMMM
The City of El Segundo will diversify its investment by security type and institution
With the exception of U.S. Treasury securities and authorized pools, no investment shall
be made in contravention of Government Code Sections 53601 and 536016 or which will
cause more than 50% of the entity's total investment portfolio to be invested in a single
security type or with a single financial institution
To the extent possible, the City of El Segundo will attempt to match its investments with
anticipated cash flow requirements The City will not directly invest in securities
maturing more than five (5) years from the date of purchase pursuant to Government
Code Section 53601
The Treasurer shall establish internal control procedures such that daily investment
activity is being reviewed by the Director of Finance These procedures shall provide
adequate internal controls to insure compliance with this Investment Policy and state law
The procedures shall be reviewed annually by an independent external auditor
If the City deposits funds in County Treasuries for investment by County Treasurers, the
City Treasurer shall review the statements and reports generated pursuant to Government
Code Sections 164812, 27133, 27134 and 53684 for each County in which the City has
deposited funds Based upon the review process, the Treasurer shall on a quarterly basis
provide a written report to the City Council summarizing any failure by the County
Treasuries to comply with state law or their own investment policies and any significant
investment activity by the County Treasuries
If any particular investment is downgraded, the Treasurer and Director of Finance will
review and determme if a change in that particular investment must be made
The City Council shall establish a periodic independent external audit of the City_s
compliance with this Investment Policy
1 :-..".
The Treasurer shall file a monthly report, which states its relationship to the Statement of
Investment Policy This report mush be filed with the City Manager and the City Council
and comply with Government Code Sections 53607, 53646 and 53684 The General
elements of the monthly reports include, but are not limited to, the following_
a Type of investments
b Issues
C, Date of maturity
El
06102
050
d Par and dollar amount invested
e. Current market value of securities with maturity in excess of twelve months
f Rate of interest
g Statement relating the report to the Statement of Investment Policy
Statement that there are sufficient funds to meet the next 6 month's obligations
County pool investment report
List of current authorized broker /dealers
List of all investments not held by a third party custodian and the reason they are not
placed with a third party custodian
The Treasurer shall provide the California Debt and Investment Advisory Commission
(CDIAC) with second and forth quarter investment portfolio reports in order to comply
with Assembly Bill 943 (AB943 ) These reports must state the financial assets of the
City and contain the information detailed in Government Code section 53646(b) The
reports must be filed with the CIDAC within 60 days after the close of the second and
forth quarters of each calendar year
1 u- I ei PA ENr M uu
The City has established an Investment Advisory Committee (AIAC =) comprised of the
City Treasurer, the Finance Director, an El Segundo Resident (Council appointed) and a
member of the investment community (Council appointed). The IAC shall be provided
with copies of the monthly reports identified in Section 13 The IAC shall meet the third
Tuesday at the end of each quarter to discuss the City =s investments and shall
communicate in writing any concerns or comments it has with respect to the City =s
investments or this Investment Policy to the City Council
1 IMMS a R1 17—M
All participants in the City =s investment process shall seek to act responsibly as
custodians of the public trust The City Treasurer, or when appropriate the Deputy City
Treasurer, shall avoid any transaction that might impair public confidence in the City =s
ability to govern and manage the investment of public funds in an effective manner The
City Treasurer, Deputy City Treasurer, or other official charged with the responsibility of
making investment decisions shall have no vested interest in any investment being made
involving public funds of the City, and shall gain no financial benefit from such
investment decisions
s \invest2002
06/02
051
Glossary
Agency. A debt security issued by a federal or federally sponsored agency Federal agencies are
backed by the full faith and credit of the U S Government Federally sponsored agencies (FSAs)
are backed by each particular agency with a market perception that there is an implicit
government guarantee An example of federal agency is the Government National Mortgage
Association (GNMA) An example of an FSA is the Federal National Mortgage Association
(FNMA)
Basis point. A basis point equals one one - hundredth of 1% ( 01 %)
Book value. The value at which a security is carried on the inventory lists or other financial
records of an investor This value may be the original cost of acquisition of the security, or
original cost adjusted by the amortization of a premium or accretion of a discount The book
value may differ significantly from the security's current value in the market
Broker. A broker brings buyers and sellers together for a commission paid by the initiator of the
transaction or by both sides, he does not position or take ownership of the security
Certificate of Deposit (CD). A deposit of funds, in a bank or savings and loan association, for a
specified term that earns interest at a specified rate or rate formula
Collateralization. Process by which a borrower pledges securities, property or other deposits for
the purpose of securing the repayment of a loan and/or security
Coupon rate. Interest rate, expressed as a percentage of par or face value, that issuer promises
to pay over lifetime of debt security
Current yield (Current Return). A measure of the simple interest annual yield for interest -
bearing investments with maturities of one year or more To calculate the current yield, the
annual coupon interest income is divided by the amount paid to acquire the investment It is
important to note that the current yield is only accurate for investments purchased at par The
current yield calculation includes dust one income cash flow —the annual interest income It
ignores the profit or loss resulting from discounts and premiums
Custody. The service of an organization, usually a financial institution, of holding (and
reporting) a customer's securities for safekeeping The financial institution is known as the
custodian.
Delivery versus payment (DVP). A settlement procedure where payment for a securities
purchase is made simultaneously with the transfer of the purchased securities The same
procedure applies for a securities sale, the securities are transferred as payment is made
Discount. The difference between the cost price of a security and its value at maturity when
quoted at lower than face value A security selling below original offering price shortly after sale
6 06/02
052
also is considered to be at a discount
Discount securities. Securities that do not pay periodic interest Investors earn the difference
between the discount issue price and the full face value paid at maturity Treasury bills, bankers'
acceptances and most commercial paper are issued at a discount
Diversification. Dividing investment funds among a variety of securities, offering independent
returns, to reduce risk inherent in particular securities
Federal Agency Securities. A variety of securities issued by several Federally sponsored
agencies Some are issued on a discount basis and some are issued with coupons Several have
the full faith and credit guarantee of the U S government, although others do not
Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank deposits,
currently up to $100,000 per deposit
Federal funds (Fed Funds). Funds placed in Federal Reserve banks by depository institutions in
excess of current reserve requirements These depository institutions may lend fed funds to each
other overnight or on a longer basis They may also transfer among each other on a same -day
basis through the Federal Reserve banking system Fed funds are considered to be immediately
available funds
Fed Funds Rate. Interest rate charged by one institution lending federal funds to another
Federal Home Loan Bank (FHLB). The institutions that regulate and lend to savings and loan
associations The Federal Home Loan Banks play a role analogous to that played by the Federal
Reserve Banks vis -a -vis member commercial banks
Federal Home Loan Mortgage Corporation ( FHLMC). A U S Corporation and
instrumentality of the U.S government Through its purchases of conventional mortgages, it
provides liquidity to the mortgage markets, much like FNMA FHLMC's securities are highly
liquid and widely accepted FHLMC assumes and guarantees that all security holders will
receive timely payment of principal and interest.
Federal National Mortgage Association (FNMA). FNMA, like GNMA was chartered under
the Federal National Mortgage Association Act in 1938 FNMA is a federal corporation working
under the auspices of the Department of Housing & Urban Development, H U D It is the largest
single provider of residential mortgage funds in the United States Fannie Mae, as the
corporation is called, is a private stockholder -owned corporation, The corporation's purchases
include a variety of adjustable mortgages and second loans in addition to fixed -rate mortgages
FNMA assumes and guarantees that all security holders will receive timely payment of principal
and interest
Federal Reserve System. The central bank of the United States created by Congress and
consisting of a seven - member Board of Governors in Washington, D C , 12 Regional Banks and
about 5,700 commercial banks that are members of the system
06/02
053
Government National Mortgage Association (GNMA or Ginnie Mae). Securities guaranteed
by GNMA and issued by mortgage bankers, commercial banks, savings and loans associations
and other institutions Security holder is protected by full faith and credit of the U S
Government Ginnie Mae securities are backed by FHA, VA or FMHM mortgages The term
pass - through is often used to describe Ginnie Maes
Liquidity. The quality of an asset that permits it to be converted quickly into cash without a
significant loss of value
Local Agency Investment Fund (LAIF). A special fund in the State Treasury which local
agencies may use to deposit funds for investment and for reinvestment It offers high liquidity
can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those
agencies participating on a proportionate share determined by the amounts deposited and the
length of time they are deposited
Market Value. The price at which a security is currently being sold in the market
Maturity Date. The specified day on which the issuer of a debt security is obligated to repay the
principal amount, or face value, a security
Par Value. The stated or face value of a security expressed as a specific dollar amount marked
on the face of the security, the amount of money due at maturity Par value should not be
confused with market value
Primary Dealer. A group of government securities dealers that submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New
York and are subject to its informal oversight Primary dealers include Securities and Exchange
Commission (SEC), registered securities broker - dealers, banks, and a few unregulated firms
Prudent Person Rule. A standard of conduct where a person acts with care, skill, prudence, and
diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing
funds The test of whether the standard is being met is if a prudent person acting in a similar
situation would engage in similar conduct to ensure that investments safeguard principal and
maintain liquidity
Rate of Return. The amount of income received from an investment, expressed as a percentage
A market rate of return is the yield that an investor can expect to receive in the current interest -
rate environment utilizing a buy- and -hold to maturity investment strategy.
Safekeeping. A procedure where a third party acting as custodian for a fee holds securities.
Secondary Market. Markets for the purchase and sale of any previously issued financial
instrument The first sale of a financial instrument by the original issuer is said to be done a
primary market All subsequent trades are said to be secondary market
06/02
054
Settlement Date. The date on which a trade is cleared by delivery of securities against funds
The date may be the same date as the trade date or later
Total return. Interest income paid on the invested principal, plus interest income earned from
the successive reinvestment of that income, plus projected capital gains (or minus losses) on the
investment Differs from yield to maturity because (1) it can include gains or losses from sales
prior to maturity, and (2) it permits the assumption of a reinvestment rate different from the yield
earned on the underlying principal
Trade Date. The date on which a transaction is initiated or entered into by the buyer and seller.
Treasury Bills. Short-term U S government non - interest bearing debt securities with maturities
of no longer than one year and issued in minimum denominations of $ t0,000. Auctions of three -
and six -month bills are weekly, while auction of one -year bills are monthly The yields on these
bills are monitored closely in the money markets for signs of interest rate trends
Treasury Notes. Intermediate U S government debt securities with maturities of one to 7 years
Treasury Bonds. Long -term U.S. government debt securities with maturities of 10 years or
longer. Currently, the longest outstanding maturity is 30 years
Yield. Loosely refers to the annual return on an investment expressed as a percentage on an
annual basis For interest- bearing securities, the yield is a function of the rate, the purchase price,
the income that can be earned from the reinvestment of income received prior to maturity, call or
sale and the time from purchase to maturity, call or sale Different formulas or methods are used
to calculate yield See Yield to Maturity and Total Return Analysis.
Yield -to- maturity. The rate of return yielded by a debt security held to maturity when both the
interest payments and investor's potential capital gain or loss are included in the calculation of
the return
06/02
ODD
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE. August 20, 2002
AGENDA HEADING- Consent
Consideration and possible action regarding adoption of Ordinance No 1346 amending El
Segundo Municipal Code Section 1 -4 -4 to clarify that Council meetings scheduled on election
dates will be continued to the next City business day
RECOMMENDED COUNCIL ACTION-
1) Second reading by title only and adoption of the ordinance,
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
On August 6, 2002, the City Council conducted the first reading of the Ordinance and
scheduled the second reading and adoption for August 20, 2002
ATTACHED SUPPORTING DOCUMENTS:
City Council Ordinance No 1346
FISCAL IMPACT. NONE
ORIGINATED BY: DATE. August 13, 2002
Cam - ia,n* , Ito
Cindy Mortesen, City Clerk
REVIEWED BY DATE:
Mary , Stre City Manager ode
9
056 7
ORDINANCE NO. 1346
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 1 -4 -4 RELATING TO CITY COUNCIL MEETINGS.
The city council of the city of El Segundo does ordain as follows
SECTION 1 El Segundo Municipal Code ( "ESMC ") § 1 -4 -4 is amended to read as
follows
"1 -4 -4 MEETINGS
A Regular Meetings Regular city council meetings are scheduled for the first
and third Tuesdays of every calendar month in the council chambers Regular city
council meetings begin at five o'clock (5 00) P M for closed session matters and
interviews or appointments for committees, boards and commissions, and at seven
o'clock (7 00) P M for all other matters addressed in open session
B Holidays Should the date of a regular meeting fall upon a holiday when city
hall offices are closed or on an election date for an electron as defined by
Electrons Code § 318, and any successor statute for electrons, where voters
registered in El Segundo are eligible to vote, then the regular meeting will be
scheduled for the next succeeding business day "
C Special Meetings Special meetings may be called at any time by the mayor, or
by a majority of the council, upon providing twenty four (24) hours' notice,
pursuant to Government Code § 54956
D Open Meetings Unless otherwise provided by the Government Code, all city
council meetings are open and public All persons are permitted to attend any city
council meeting, except as otherwise provided in the Government Code "
SECTION 2 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 3 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
05'7
SECTION 4 This Ordinance will become effective thirty (30) days following its
passage and adoption
PASSED AND ADOPTED this 20th day of August, 2002
Mike Gordon, Mayor
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGi INDO )
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 1346 was duly introduced by said City Council at a regular
meeting held on the 6th day of August, 2002, 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 20`h day of August, 2002, and the same was
so passed and adopted by the following vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED
Mark D Hen
By z(' -%/
Karl H Berger
Assistant City,
058
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
DESCRIPTION*
MEETING DATE- August 20, 2002
AGENDA HEADING. Consent Agenda
Consideration and possible action regarding rescinding Resolution 4212 and 4221, pertaining
to the current Conflict of Interest Code, and adopting a new resolution approving a new
Conflict of Interest Code.
RECOMMENDED COUNCIL ACTION
1) Adopt Resolution,
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
Government Code 87306 5 requires that no later that July 1 of each even numbered year,
the code reviewing body (City Council) shall direct the City Clerk to review the Conflict of
Interest Code
The City Clerk has reviewed the current Code and is recommending the following changes
resulting from the creation or elimination of designated positions (pursuant Government
Code 87302) since the last adoption
The addition of the Utilities Manager, Public Works Department, and Risk
Manager /Purchasing Agent, Administrative Services Department These class
specifications were approved by the City Council on October 2, 2001 (Resolution 4227)
The position of Purchasing Agent, Administrative Services Division, should be deleted from
the Code as it is replaced by the position of Risk Manager /Purchasing Agent The Airports
Projects position, Community, Economic and Development Services Department, should
be deleted because the class specification was eliminated.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT NONE
ORIGINATED BY:
idy M esen, City Clerk
DATE: August 12, 2002
REVIEWED DATE:
Mary enn, City Manager A
RESOLUTION NO. _
A RESOLUTION ADOPTING THE 2002 CONFLICT OF INTEREST
CODE FOR THE CITY OF EL SEGUNDO IN ACCORD WITH THE
POLITICAL REFORM ACT.
The City Council of the city of El Segundo does resolve as follows
SECTION 1: The City Council finds and declares as follows
A The Political Reform Act ( "PRA ", Gov't Code §§ 81000, et seq ) and regulations
adopted pursuant to the PRA ( "FPPC Regs , 2 Cal Code of Regs § § 18700, et seq )
requires local government to adopt conflict of interest codes
B Section 18730 of the FPPC Regs sets forth a standard conflict of interest code that
may be adopted by local agencies
C On or about June 2002, the City Council directed the City Clerk's office to review the
City's conflict of interest code in accord with Government Code § 87306 5 and to
make recommendations on changing the conflict of interest code
D The City Clerk finished that review and made recommendations which the City
Council incorporated into this Resolution
E To fulfill its obligations under the PRA and FPPC Regs, the City Council will adopt
the conflict of interest code as set forth below
SECTION 2: Pursuant to FPPC Regs § 18730, the City of El Segundo adopts a Conflict of
Interest Code to read as follows
"CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO
A Incorporation of Standard Code
Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq) and
regulations promulgated by the Fair Political Practices Commission (2 Cal Code of Regs
§§ 18700, et seq ), the City is required to adopt a conflict of interest code The City of El
Segundo incorporates by reference 2 Cal Code of Regs § 18730, and its amendments,
into this Conflict of Interest Code including, without limitation, the designation of
officials and employees and the disclosure categories set forth below (collectively, "the
Conflict of Interest Code ")
B Filing of Statements
Designated officials, officers and employees must file Statements of Economic Interest
(Form 700) with the City Clerk or Deputy City Clerk After receiving Statements of
Page 1 of 6 060
Economic Interests from City Council members, the City Treasurer, Planning
Commission members, City Attorney, and City Manager, the City Clerk or Deputy City
Clerk, must forward the original to the Fair Political Practices Commission and retain a
copy for the City's files
Under Government Code § 82011(c), the City Council is the code reviewing body with
respect to the Conflict of Interest Code
C Review Procedure
Under Government Code § 87306 5, not later than July 1 of each even numbered year,
the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict
of Interest Code The City Clerk or Deputy City Clerk must submit an amended Conflict
of Interest Code to the City Council if a change in the Conflict of Interest Code is
necessitated by changed circumstance If changes are not required, the City Clerk or
Deputy City Clerk must submit a wntten statement to that effect to the City Council not
later than October 1 of the same year
D Designated Positions
The following positions entail the making or participation in the making of decisions that
may have a foreseeable material effect on the officials or officer's financial interests
COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
* Members of the City Council
* Members of the Planning Commission
Members of the Recreation & Parks Commission
Members of the Senior Housing Board
Members of the Library Board of Trustees
Members of the Investment Advisory Committee
Members of the Capital Improvement Program Advisory
Members of the Economic Development Advisory Council
Members of the Community Cable Advisory Committee
OFFICE OF THE CITY MANAGER
* City Manager
Assistant City Manager
OFFICE OF THE CITY ATTORNEY
* City Attorney
Assistant City Attorney
OFFICE OF THE CITY CLERK
Page 2 of 6 061
City Clerk
Deputy City Clerk
OFFICE OF THE CITY TREASURER
City Treasurer
Deputy City Treasurer
COMMUNITY, ECONOMIC & DEVELOPMENT SERVICES
Director of Community, Economic & Development Services
Planning Manager
Building Manager
Economic Development Manager
Senior Planner
Associate Planner
Assistant Planner (s)
Planning Technician
Senior Plans Examiner
Semor Building Inspector
Building hispector(s)
PUBLIC WORKS DEPARTMENT
Director of Public Works
City Engineer
General Services Manager
Utilities Manager
Water Supervisor
Wastewater Supervisor
ADMINISTRATIVE SERVICES DEPARTMENT
Director of Administrative Services
Assistant Director of Finance
Accounting Manager
Risk Manager/Purchasing Agent
Business Services Manager
Information Systems Manager
LIBRARY DEPARTMENT
Director of Library Services
Senior Librarian (s)
Page 3 of 6
062
POLICE DEPARTMENT
Police Chief
Police Captain(s)
FIRE DEPARTMENT
Fire Chief
Battalion Chief(s)
RECREATION AND PARKS DEPARTMENT
Director of Recreation and Parks
Recreation Superintendent
* Listed in the code for information purposes only These positions file under
Government Code Section 87200 with the Fair Political Practices Commission
CONSULTANTS
All consultants except those included by the City Manager in accordance
with the following procedure
The City Manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that
requires the consultant to fully comply with the disclosure requirements
described in this section Such written determination must include a
description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements The City Manager
determination is a public record and must be retained for public inspection
in the same manner and location as this conflict of interest code
E Disclosure Requirements
Designated employees must disclose all interests as required by the Political Reform Act
and regulations promulgated thereto When anew positron classification is created by the
Administrative Services Department for City Council approval, the Administrative
Services Department will recommend that the City Council decide whether the new
positron will be required to file a Statement of Economic Interest and be included as a
designated positron in the Conflict of Interest Code
When the City Council establishes a Commission, Committee, or Board, the City Council
will decide whether the members of the Commission, Committee or Boards be included
as a designated position in the Conflict of Interest Code and the members of the
Commission, Committee or Board so designated by the City Council, will be required to
file a Statement of Economic Interest "
Page 4of6 063
SECTION 3: Resolution Nos 4212 (adopted March 20, 2001), 4221 (adopted August 21,
2001), and any other resolution or policy purporting to establish a conflict of interest code, are
superseded by this Resolution and thus repealed in their entirety
SECTION 4: Repeal of any provision of any resolution or policy herein will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before, this Resolution's effective date Any such repealed
part will remain in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Resolution
SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions
SECTION 6: This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this ! day of 2002
Mike Gordon, Mayor
ATTEST
Cindy Mortesen, City Clerk
APPROVED AS
Mark D HenslQN
By
Karl H Berger, Ass tant City Attorney
Page 5 of 6 064
CERTIFICATION
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 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
2002, 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
,2002
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
Page 6 of 6 065
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION-
MEETING DATE. August 20, 2002
AGENDAHEADING Consent Agenda
Consideration and possible action regarding the purchase of two (2) vehicles (a propane
transit powered bus and a dump truck) (Fiscal Impact= $145,310 00)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Authorize the purchase of a propane powered transit bus
($66,740 00) and a dump truck ($78,570 00), (2) Alternatively discuss and take other
action related to this item
BACKGROUND & DISCUSSION
On June 4, 2002, the City Council authorized the use of AB 2766 funds to partiallyfund the
purchase of a new alternative fuel shuttle bus A propane shuttle bus is now ready to be
purchased The replaced vehicle may be used as a back -up vehicle during those times
that the regular shuttles are not In service due to routine maintenance Also, other
departmental vehicles will be rotated to maximize their use
The new dump truck will replace a 14 year old unit with over 70,000 miles
ATTACHED SUPPORTING DOCUMENTS
None.
FISCAL IMPACT:
Capital Improvement Program:
Amount Requested:
Account Numbers,
Project Phase:
Appropriation Required
ORIGINATED BY O
$145,31000
$145,31000
601 - 400 -5292 -8105 ($59,740 00)
115- 400 - 0000 -8104 ($ 7,000 00)
601 - 400 - 4202 -8105 ($78,570 00)
Vehicle purchase
No
DATE* August 13, 2002
Andres Santamana, Director of Public Works
REVIEWED BY. DATE.
Mary Strenn, City Man er
20020820 Purchase of Transit Bus & Dump Truck
066
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION'
MEETING DATE August 20, 2002
AGENDAHEADING. Consent Agenda
Consideration and possible action to authorize the City Manager to execute a license
agreement, in a form approved by the City Attorney, between the City of El Segundo and
Kilroy Realty Corporation for installation of a parking structure sign within the public right -
of -way of Walnut Avenue
RECOMMENDED COUNCIL ACTION,
Recommendation — (1) Approve revocable license agreement, (2) Authorize the City
Manager to execute the agreement on behalf of the City, (3) Alternatively discuss and
take other action related to this Item
BACKGROUND & DISCUSSION.
Kilroy Realty Corporation owns and operates a parking structure at 955 Sepulveda
Boulevard They have requested City approval to install a sign (2' -10" x 8' -6" In size) which
overhangs on the Walnut Avenue right -of -way, west of Sepulveda Boulevard
The enclosed agreement Is similar to previous revocable encroachment agreements the
City has executed with several property owners The agreement also requires that the
technical details of the sign support be designed by a State Licensed Structural Engineer
and submitted to the Community, Economic and Development Services Department for
approval of zoning and Building Code requirements
ATTACHED SUPPORTING DOCUMENTS
1 Draft Revocable License Agreement with Exhibit "A"
2 Letter dated August 7, 2002, from Kilroy Realty
Capital Improvement Program.
Amount Requested
Account Number,
Project Phase:
ORIGINATED BY:
� /
Andres Santamana, Director of Public Works
DATE, August 14, 2002
20020820 Kilroy Agreement - Parking Structure Sign 1 O
067
WHEN RECORDED RETURN TO'
City Clerk
City of El Segundo
350 Main Street, El Segundo, CA 90245 SPACE ABOVE FOR RECORDER
REVOCABLE ENCROACHMENT AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT ( "Agreement ") is made and entered into at El Segundo,
California, , 2002, by and between the CITY OF EL SEGUNDO, a municipal
corporation in the County of Los Angeles, State of California, hereinafter called the "CITY", and KILROY
REALTY hereinafter called the "Owner ", which parties to agree as follows
WHEREAS, KILROY REALTY (Owner) is the operator /lessee of a parking structure located at 955
Sepulveda Boulevard, El Segundo, California ( "Property")
WHEREAS, Owner desires to encroach upon a City public right -of -way to install and maintain an
overhead sign for property use ( "Improvements ") A sketch of the proposed encroachment is shown on
Exhibit "A"
NOW, THEREFORE, City and Owner hereby agree as follows
In consideration of the revocable license granted herein by the City to permit the
Improvements hereinabove described in, upon, or over public nght -of -way, the Owner agrees
to the following
a City shall retain the right for its officers, employees and agents to enter upon the
right -of -way upon which the Improvements are located at any time for the purpose of
repair, maintenance, or replacement of the facilities or properties on or in said public
right -of -way Owner waives any and all claims for damages to the Improvements or
the business associated therewith incurred as the result of such repair, maintenance
or replacement activities
b Owner shall reimburse the City for any damages caused to City-owned facilities by
the Improvements over said public right -of -way by the Owner
c Owner shall remove the Improvements at Owner's expense upon thirty (30) days
written notice by the City to the Owner that the City is revoking the license granted by
this Agreement Should Owner fail to timely remove the Improvements on such
notice any costs incurred by the City in the removal of the Improvements shall be
paid by the Owner
d Owner shall defend, indemnify and hold harmless the City and its officers,
employees and agents from and against any action or claim of any type whatsoever
arising from the Improvements
e This agreement is entered into with Owner only as legal operator /lessee of the
parking structure hereinabove described in paragraph 1 of this agreement, which is
the herein described contiguous parcel, and is not transferable or assignable Upon
transfer of the lease, this agreement shall not succeed to the new Owner(s) This
agreement shall terminate upon transfer of lease to the property and the
Improvements provided for herein will be removed and the land described herein
restored to its prior condition by the Owner at its expense within fifteen (15) days of
transfer of lease
Page 1 of 2 068
PGREEMENTSIXLROV RFKTYAGR (07/ld01)
REVOCABLE ENCROACHMENT AGREEMENT- (continued)
f Owner shall perform all work in accordance with City policies, standards and
ordinances and shall obtain all applicable permits necessary for the placement or
construction of the Improvements
g A minimum six (6) feet clear sidewalk area shall be maintained for public pedestrian
use
h The area of encroachment shall be kept clean and free of trash, etc , at all times
i All encroachments authorized by this license, must be maintained in good repair,
subject to the approval of the Director of Public Works or Community, Economic and
Development Services
k All overhead encroachments must provide a minimum vertical height clearance of
eight (8) feet No part of the overhead encroachment shall protrude beyond the
approved encroachment area
I The overhead sign and attachment details shall be designed by a California
registered structural engineer The design shall be subject to approval by the City
Department of Community, Economic and Development Services
The Owner further agrees to insure the City against all risks of loss by reason of the
Improvements and encroachment by naming the City as an additional insured on the Owner's
public liability and property damage insurance policy carrying a combined minimum single
limit coverage of $1,000,000 against any injury, death, or loss arising out of the
Improvements and encroachment Proof of such insurance shall be provided to the City
Clerk's office and must be updated annually and upon any change in the status of the
insurance
This Agreement represents the entire understanding of the parties respecting the subject
matter hereof and supersedes all prior written or oral understandings or agreements of the
parties with respect thereto The Agreement shall be recorded in the office of the Recorder
of Los Angeles County, State of California
CITY OF EL SEGUNDO
Mary Strenn
City Manager
Mark D Hensley
City Attorney
Enclosure Exhibit "A'
OWNER
Kilroy Realty Corporation
Owner
Page2of2 069
AGREEMENT5IKILROY REPLTVAGR (0]/30.821
WALNUT
PARKING STRUCTURE
955 SEPULVEDA
D
r
2
C
A SEGrio1J A -A
D � Ancway
v 909 SEPULVEDA
z I
L OFFICE BUILDING
T-
SG�pIALJED $L•VD.
H
.o
'.o R
SECTION A -A
SCALE: N.T.S.
it
ml
.,
.0 1 �lb
z
`a
EXHIBIT "A"
070
08/07/2002 11:38 FAX 9 1310 481 6556 RILROY REALTY CORP.
R E A L T Y
CORPORATION
August 7, 2002
Mr. Bellur K. Devaraj, P E.
City of El Segundo
Engineering Division
350 Main Street
El Segundo, CA 90245
Dear Mr. Devaraj
The purpose of this letter is to inform you that Kilroy Realty L.P. is interested in
obtaining an encroachment permit for the wall mounted sign located at 955
Sepulveda Boulevard as detailed in exhibit "A".,
Please contact me at (310) 481 -8442 or via e-mail at ismart(d,)kilroyrealtv.com if
you have any questions or require additional information.
Thank you
Vice President of Construction & Development
X1091
0'71
Suite 200 . 12200 W Olympic Boulevard • Los Angeles • California • 90064 4p Fax (310) 481 -6501 • Tel (310) 481 -8400
EL SEGUNDO CITY COUNCIL MEETING DATE August 20, 2002
AGENDA ITEM STATEMENT AGENDAHEADING Consent Agenda
AGENDA DESCRIPTION,
Considering and possible action regarding adoption of Ordinance No 1348, which
implements the Standard Urban Storm Water Mitigation Plan of the California Regional
Water Quality Board for the Los Angeles Region by amending Chapter 7 of Title 5 of the El
Segundo Municipal Code in its entirety (Fiscal Impact to be determined)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Second reading and adoption of Ordinance, by title only, (2)
Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION
On August 6, 2002, the City Council conducted the first reading of the Ordinance and
scheduled the second reading and adoption for August 20, 2002
ATTACHED SUPPORTING DOCUMENTS:
City Council Ordinance No 1348
FISCAL IMPACT
Capital Improvement Program.
Amount Requested:
Account Number.
Project Phase
Appropriation Required, No
ORIGINATED BY ��� DATE, August 13, 2002
Andres Santamana, Director of Public Works
REVIEWED BY: DATE
Mary Strenn, Ci y M qer J�� /L
20020820 Adopt Ordinance SUSMP & Amend E S M C 11
U "1.:
ORDINANCE NO. 1348
AN ORDINANCE IMPLEMENTING THE STANDARD URBAN
STORM WATER MITIGATION PLAN OF THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD FOR THE
LOS ANGELES REGION BY AMENDING CHAPTER 7 OF TITLE
5 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY.
The Council of the City of El Segundo does ordain as follows
SECTION 1 The City Council finds as follows
A The Federal Water Pollution Control Act (33 U S C §§ 1251 -1387,
"Clean Water Act" or "CWA "), as implemented by the United States
Environmental Protection Agency ( "EPA "), requires that the city adopt plans and
programs for stormwater quality management,
B. The 1972 amendments to the CWA prohibit the discharge of any Pollutant to
waters of the United States from a point source unless the discharge is authorized by
a permit issued pursuant to the National Pollutant Discharge Elimination System
( "NPDES ") required by 33 US C § 1342,
C Municipal separate storm sewer systems ( "MS4") which convey urban
runoff, including, without limitation, Storm Water runoff, are within the definition of
point sources under the CWA,
D Pursuant to the CWA, the EPA defined the term "Municipal separate storm
sewer system" to mean a conveyance, or system of conveyances, including roads
with drainage systems, municipal streets, curbs, gutters, catch basins, and storm
drains owned or operated by a city, used for collecting Storm Water,
E CWA § 402(p) requires that the City obtain a permit for Storm Water and
urban discharges through the City's MS4,
F Section 402(p) of the CWA further provides that NPDES permits will
require controls to reduce the discharge of Pollutants to the maximum extent
practicable, including management practices and such other provisions as may be
appropriate for the control of Pollutants,
G The EPA, in partial implementation of CWA § 402(p) adopted final rules,
known as the "Phase I and Phase II Storm Water Regulations" at several places in
Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations
( "CFR "),
H In partial implementation of § 402(p) of the CWA, 33 U.S C § 1344(p),
the Phase I Storm. Water Regulations and the California Water Code, the
Page 1 of 19 073
California Regional Regional Water Quality Control Board — Los Angeles
( "RWQCB -LA") issued a National Pollutant Discharge Elimination System
( "NPDES ") Permit and Waste Discharge Requirements for Municipal Storm
Water and Urban Runoff Discharges within the County of Los Angeles, Regional
Board Order No 96 -054, NPDES No CAS614001 (the "1996 Permit "), on July
15, 1996 to each City in Los Angeles County, including the City,
I Under the 1996 Permit, and in partial implementation of CWA § 402(p),
33 U S C § 1344(p), the Phase I and Phase II Storm Water Regulations, and the
California Water Code, the RWQCB -LA Board adopted Resolution No R- 00 -02,
approving and directing the Executive Officer of the RWQCB -LA to issue a
Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And
Urban Runoff Management Programs in Los Angeles County setting forth the
requirements to be implemented by all jurisdictions discharging storm water
under the 1996 Permit,
J On March 8, 2000, the Executive Officer of the RWQCB -LA issued a
Final Approved Standard Urban Storm Water Mitigation Plan For Los Angeles
County And Cities In Los Angeles County (the "SUSMP ") setting forth the
requirements to be implemented by all jurisdictions discharging storm water
under the 1996 Permit,
K The State Water Resources Control Board, in Order WQ 2000 -11,
modified the SUSMP by revising the definition of "Redevelopment," excluding
Retail Gasoline Outlets from certain design standards, deleting the applicability of
the SUSMP to `Environmentally Sensitive Areas," limiting the applicability of
the SUSMPs to discretionary development and redevelopment in specified
categories, applying the SUSMPs to Redevelopment projects only if they result in
creation or addition of 5,000 square feet or more of impervious surfaces, deleting
the requirement for funding by project proponents who receive waivers, and
extended the SUSMP effective date deadline to February 15, 2001,
L In partial implementation of CWA § 402(p), the Phase I and Phase II
Storm Water Regulations and the California Water Code, RWQCB -LA issued
"Order No 01 -182 NPDES Permit No Cas004001 Waste Discharge Requirements
For Municipal Storm Water And Urban Runoff Discharges Within The County Of
Los Angeles And The Incorporated Cities Therein, Except The City Of Long
Beach" (the "2001 Permit") on December 13, 2001, to cities in Los Angeles
County, including the City,
M The 2001 Permit revised the SUSMPS to again revise the definition of
"Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline
Outlets, to restore the applicability of the SUSMP to "Environmentally Sensitive
Areas," to delete the limitation of the applicability of the SUSMPs to
discretionary development and redevelopment and apply the SUSMPS to all
Page 2of19 074
project approvals in specified categories, and extended the deadline for the
effective date of ordinances implementing the SUSMP to September 2, 2002,
N The City of El Segundo is a permittee under the 2001 Permit and therefore
is required by federal and state law to implement all requirements of the 2001
Permit, including the SUSMP, as amended by the 2001 Permit,
O Under the California Constitution and the California Government Code,
the City of El Segundo has authority to define public nuisances and to protect the
public health and safety of the residents of and visitors to the City of El Segundo,
and the environment, by abating public nuisances;
P The City of El Segundo has authority under the California Water Code to
adopt and enforce ordinances imposing conditions, restrictions, and limitations
with respect to any activity which might degrade the quality of waters of the state,
Q. The City Council is obligated to take prudent steps to protect the City's
property and its funds and taxpayers from exposure to liability, including the
potentially enormous costs of litigation regarding natural resources allegedly
damaged by pollutants allegedly transported through the City's storm drain
system,
R The implementation of Pollutant control measures described in the
Stormwater Quality Management Plan in furtherance of these purposes is exempt
from the provisions of the California Environmental Quality Act (CEQA),
Chapter 3 (commencing with Section 21100) of Division 13 of the Public
Resources Code as provided in categorical exemption classes 1, 4, 5, 7, 8, 9, and
21 of the CEQA Guidelines (Title 14, California Code of Regulation §§ 15301-
15329), and
S The City Council has carefully considered the Ordinance and finds that it
complies with the requirements of applicable federal and state law, and further
that it provides an acceptable program for the conservation of water resources
within the City of El Segundo and protection of the health, safety, and general
welfare of its citizens
SECTION 2. Chapter 7 to Title 5 of the El Segundo Municipal Code ( "ESMC ") is
amended in its entirety to read as follows
"CHAPTER 7
STANDARD URBAN STORM WATER MITIGATION PLAN
IMPLEMENTATION
5- 7- 10:PURPOSE AND INTENT.
5- 7- 20:LIMITS OF CHAPTER.
Page 3 of 19 075
5- 7- 30:SCOPE OF CHAPTER.
5- 7- 40:DEFINITIONS.
5- 7- 50:RATE OF DISCHARGE.
5- 7- 60:SUBDIVISION DESIGN.
5- 7- 70:BEST MANAGEMENT PRACTICES (BMP).
5- 7- 80:CONTROL OF EROSION OF SLOPES AND CHANNELS.
5- 7- 90:SIGNAGE AT STORM DRAINS.
5 -7 -100: OUTDOOR STORAGE OF MATERIALS.
5 -7 -110: OUTDOOR TRASH STORAGE AREAS.
5 -7 -120: MAINTENANCE OF BEST MANAGEMENT
5 -7 -10 PURPOSE AND INTENT. This chapter is adopted pursuant to
the city's police powers for the purpose of protecting and enhancing the water
quality of the City's watercourses, water bodies, and wetlands in a manner
consistent with the Clean Water Act and the NPDES Permit, including, without
limitation, any of its amendments or modifications In addition, this chapter is
intended to ensure the future health, safety, and general welfare of the citizens of
the City of El Segundo by-
A. Controlling non -storm water discharges to the storm drain
system
B Eliminating discharges to the storm water drain system from
spills, dumping, or disposal of materials other than storm water
Page 4of19 076
PRACTICES.
5 -7 -130:
DESIGN STANDARDS FOR BEST MANAGEMENT
PRACTICES.
5 -7 -140:
LOADING DOCKS.
5 -7 -150:
REPAIR AND MAINTENANCE BAYS.
5 -7 -160:
WASH AREAS.
5 -7 -170:
RESTAURANTS.
5 -7 -180:
RETAIL GASOLINE OUTLETS.
5 -7 -190:
PARKING LOTS.
5 -7 -200:
SITE- SPECIFIC MITIGATION REQUIREMENTS
FOR NEW DEVELOPMENT AND
REDEVELOPMENT WITH POTENTIAL ADVERSE
IMPACTS ON POST - DEVELOPMENT STORM
WATER QUALITY.
5 -7 -210:
ENFORCEMENT.
5 -7 -220:
INSPECTIONS.
5 -7 -230:
FEES.
5 -7 -240:
REQUEST FOR WAIVER.
5 -7 -250:
WAIVER BY CITY COUNCIL.
5 -7 -10 PURPOSE AND INTENT. This chapter is adopted pursuant to
the city's police powers for the purpose of protecting and enhancing the water
quality of the City's watercourses, water bodies, and wetlands in a manner
consistent with the Clean Water Act and the NPDES Permit, including, without
limitation, any of its amendments or modifications In addition, this chapter is
intended to ensure the future health, safety, and general welfare of the citizens of
the City of El Segundo by-
A. Controlling non -storm water discharges to the storm drain
system
B Eliminating discharges to the storm water drain system from
spills, dumping, or disposal of materials other than storm water
Page 4of19 076
C Reducing pollutants in storm water discharges, including those
pollutants taken up by storm water as it flows over urban areas, to the
maximum extent practicable
D Reducing pollutants in storm water discharges in order to
achieve applicable water quality objectives for surface waters in Los
Angeles County
5 -7 -20 LIMITS OF CHAPTER Nothing in this Chapter will be interpreted to
A Infringe any right or power guaranteed by the United States or
California Constitutions, including any vested property right,
B Require any action inconsistent with the General Plan, any
applicable Specific Plan, vesting tentative map, or other provision of this
Code,
C Restrict otherwise lawful land use except as authorized by the laws
of California, subject to the limitations of this Chapter
5 -7 -30 SCOPE OF CHAPTER
A This Chapter will take effect on September 2, 2002, and will apply
to ministerial and discretionary approvals of the following New
Development or Redevelopment projects
Single - family residences on graded Hillside sites,
2 One hundred thousand (100,000) square foot
Industrial/Commercial Developments,
3 Automotive Service Facilities (SIC codes 5013, 5014,
5541, 7532 -7534, 7536- 7539),
4 Retail Gasoline Outlets,
Restaurants (SIC code 5812),
Home subdivisions of ten (10) or more dwelling units;
7 Parking Lots 5,000 square feet or more or with twenty -five
(25) or more parking spaces and potentially exposed to storm water
runoff
8 All projects in, Directly Adjacent to or discharging storm
water directly to an Environmentally Sensitive Area if the
development would create 2,500 or more square feet of impervious
Page 5of19 077
area and would discharge storm water or urban runoff likely to
impact a sensitive biological species or habitat.
B Each of the foregoing projects will meet the requirements of this
Chapter, the Standard Urban Storm Water Mitigation Plan and the
provisions of any applicable municipal storm water permit issued by the
Regional Water Quality Control Board for the Los Angeles Region
5 -7 -40 DEFINITIONS 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. Words and phrases not defined by this chapter will
have the meanings stated the NPDES Permit and if not described therein, the
Federal Water Pollution Control Act (33 U S C §§ 1251 et seq ), the Standard
Urban Storm Water Mitigation Plan For Los Angeles County and Cities In Los
Angeles County approved by the Executive Officer of the California Regional Water
Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified
by the State Water Resources Control Board in Order WQ 2000 -11; regulations
implementing the National Pollutant Discharge Elimination System, Clean Water
Act § 402, California Water Code § 13050, and any successor statutes or
regulations
A "100,000 square foot Industrial/Commercial Facility" means "any
Development or Redevelopment of an Industrial/Commercial Facility that
creates at least 100,000 square feet of impermeable area, including,
without limitation parking areas
B "Automotive Service Facility" means a facility that is in any one of
the following SIC codes 5013, 5014, 5541, 7532 -7534 or 7536 -7539
C "Best Management Practice" (`BMP ") means "any schedule of
activities, prohibition of practices, maintenance procedure, program,
technology, process, siting criteria, operational methods of measures, or
other management practices or engineered systems, which when
implemented prevent, control, remove, or reduce pollution BMPs include
structural and nonstructural controls and operation and maintenance
procedures which can be applied before, during and after pollution -
producing activities
D "Commercial Development" means any development on private
land that is not residential or a site of an industrial activity as defined in 40
C F R § 122 26(b)(14) "Commercial Development" includes, without
limitation, hospitals, laboratories and other medical facilities, educational
institutions, recreational facilities, plant nurseries, multi - apartment
buildings, car wash facilities, mini-malls and other business complexes,
shopping malls, hotels, office buildings, public warehouses and other light
industrial complexes not within the scope of 40 C F R § 122 26(b)(14)
Page 6 of 19
U'78
E "Construction" means constructing, cleating, grading, or
excavation that results in soil disturbance Construction also includes
structure demolition It does not include routine maintenance to maintain
original line and grade, hydraulic capacity, or original purpose of a
facility; emergency construction activities required immediately to protect
public health and safety, interior remodeling with no outside exposure of
construction material or construction waste to storm water, mechanical
permit work, or sign permit work.
F "Development" means any Construction, rehabilitation,
redevelopment or reconstruction of any public or private residential
project (whether single - family, multi -unit or planned unit development),
industrial, commercial, retail and other non - residential projects, including
public agency projects, or mass grading for future construction (see Public
Resources Code § 30106). It does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or original purpose of
a facility, nor does it include emergency construction activities required to
protect immediately public health and safety
G "Directly Adjacent to an Environmentally Sensitive Area" means
any parcel or part of any parcel within 200 feet of the contiguous zone
required for continued maintenance, function, or structural stability of an
Environmentally Sensitive Area
H "Disturbed Area" means an area that is altered as a result of
clearing, grading, and/or excavation.
I "Environmentally Sensitive Area" means an area in which plant or
animal life or their habitats are either rare or especially valuable because
of their special nature or role in an ecosystem and which would be
disturbed or degraded by human activities and developments (see Public
Resources Code § 30107 5) Areas subject to storm water mitigation
requirements are any area designated as Significant Ecological Areas by
the County of Los Angeles (Los Angeles County Significant Areas Study,
Los Angeles County Department of Regional Planning (1976) and
amendments), any area designated as a Significant Natural Area by the
California Department of Fish and Game's Significant Natural Areas
Program, provided that the area has been field verified by the Department
of Fish and Game, any area listed in a Basin Plan as supporting the "Rare,
Threatened, or Endangered Species (RARE)" beneficial use; and any area
identified by the City as environmentally sensitive
J "Hazardous Materials" means any materials, wastes or mixture of
wastes defined as a "Hazardous Substance" or "Hazardous Waste"
pursuant to the Resource Conservation and Recovery Act ( "RCRA "), 42
U S C §§ 6901 et seq , the Comprehensive Environmental Response,
Compensation and Liability Act ( "CERCLA "), 42 U.S C §§ 9601 et seq ,
Page 7of19 079
or the Carpenter- Presley - Tanner Hazardous Substance Account Act,
( "HSAA "), California Health and Safety Code §§ 25300, et seq , and all
future amendments to any of them, or as defined by the California
Integrated Waste Management Board Where there is a conflict in the
definitions employed by two or more agencies having jurisdiction over
hazardous or solid waste, the term "Hazardous Waste" will be construed to
have the broader, more encompassing definition
K "Hillside" means a parcel in an area with known erosive soil
conditions, where the development will require grading on any natural
slope which is twenty -five per cent (25 %) or greater and where grading
will result in cut or filled slopes
L "Industnal/Commercial Facility" means any facility which is the
site of the production, manufacture, storage, transportation, distribution,
exchange or sale of goods or commodities, and any facility involved or
used in providing professional and non - professional services This
category of facilities includes, without limitation, any facility defined by
the SIC Facility ownership (federal, state, municipal, private) and profit
motive of the owner or operator of the facility are not factors in this
definition
M "New Development" means the subdivision of land, or the
construction of structures, or other impervious surfaces, or both
N " NPDES Permit" means the municipal discharge permit(s) issued
pursuant to Order No 01 -182 NPDES Permit No CAS004001 entitled
"Waste Discharge Requirements For Municipal Storm Water And Urban
Runoff Discharges Within the County of Los Angeles and the
Incorporated Cities therein, Except the City Of Long Beach," or other
applicable NPDES permits
O "Parking Lot" means an area or facility for the temporary parking
or storage of motor vehicles used personally or for business or commerce,
which contains 5,000 square feet, or more, or twenty -five (25) or more
parking spaces, and which is exposed to storm water.
P "Redevelopment" means land - disturbing activity that results in the
creation, addition, or replacement of 5,000 square feet or more of
impervious surface area on an already developed site Redevelopment
includes, without limitation the expansion of a building footprint, addition
or replacement of a structure, replacement of impervious surface area that
is not part of a routine maintenance activity, and land disturbing activities
related to structural or impervious surfaces It does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or
original purpose of facility, nor does it include emergency construction
activities required to immediately protect public health and safety
Page 8 of 19
080
Q. "Restaurant" means a facility where prepared food and beverages
are sold for consumption, including stationary lunch counters and
refreshment stands selling prepared food and beverages for immediate
consumption (see SIC Code 5812) Restaurant does not include co-
located stalls or food counters in general purpose establishments such as
markets and grocery stores
R "Retail Gasoline Outlet" means any facility with 5,000 or more
square feet of impervious surface and projected Average Daily Traffic of
100 or more vehicles, where gasoline and lubricating oils are sold
S "SIC" means Standard Industrial Classification
T "Significant Ecological Area" or "SEA" means an area that is
determined to possess an example of biotic resources that cumulatively
represent biological diversity, for the purposes of protecting biotic
diversity, as part of the Los Angeles County General Plan or the City's
General Plan Areas are designated as SEAS, if they possess one or more
of the following criteria
1 The habitat of a rare, endangered or threatened plant or
animal species,
2. Biotic communities, vegetative associations, and habitats of
plan and animal species that are either one of a kind, or are
restricted in distribution on a regional basis,
3 Biotic communities, vegetative associations, and habitat of
plant and animal species that are either unique or are restricted in
distribution in Los Angeles County,
4 Habitat that at some point in the life cycle of a species or
group of species, serves as a concentrated breeding, feeding,
resting, migrating grounds and which is limited in availability
either regionally or within Los Angeles County,
5 Biotic resources that are of scientific interest because they
are either an extreme in physical/geographical limitations, or
represent in unusual variation in a population or community,
6 An area important as game species habitat or as fisheries,
7 An area that provides for the preservation of relatively
undisturbed examples of natural biotic communities in Los
Angeles County,
Special areas, or
Page 9 of 19 081
A Significant Natural Area
U "Significant Natural Area" or "SNA" means an area defined by the
California Department of Fish and Game (DFG), Significant Natural
Areas Program, as an area that contains an important example of
California biological diversity (The most current SNA maps, reports, and
descriptions can be downloaded from the DFG website at
fta (/maahost.dfy ca.gov /outgom2/whdab /sna/) These areas are identified
using the following biological criteria only, irrespective of any
administrative or jurisdictional considerations
1 Areas supporting extremely rare species or habitats,
2 Areas supporting associations or concentrations of rare
species or habitats, and
3 Areas exhibiting the best examples of rare species and
habitats in the state
V "Source Control Best Management Practice" or "Source Control
BMP" means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that
aim to prevent storm water pollution by reducing the potential for
contamination at the source of pollution
W "Storm Event' means a rainfall event that produces more than 0 1
inch of precipitation separated from the previous storm event by at least 72
hours of dry weather
X "Storm Water Discharge Associated with Industrial Activity"
means industrial discharge as defined in 40 CFR § 122 26(b)(14)
Y "Structural Best Management Practice" or "Structural BMP"
means any structural facility designed and constructed to mitigate the
adverse impacts of urban runoff pollution (e g , a canopy, structural
enclosure) This category may include both Treatment Control BMPs and
Source Control BMPs
Z "Standard Urban Storm Water Mitigation Plan" or "SUSMP"
means the Los Angeles Countywide Standard Urban Storm Water
Mitigation Plan" adopted by the Regional Water Quahty Control Board
for the Los Angeles Region by Resolution No R- 00 -02, approving and
directing the Executive Officer of the RWQCB -LA to issue a Standard
Urban Storm Water Mitigation Plan for Municipal Storm Water And
Urban Runoff Management Programs in Los Angeles County, as modified
by the State Water Resources Control Board in Order WQ 2001 -11, and as
further modified and reaffirmed by the California Regional Water Quality
Control Board for the Los Angeles Region, in the NPDES Permit
Page 10 of 19 082
AA "Ten or More Unit Home Subdivision" means any subdivision
where at least ten (10) single - family or multi- family dwelling units are to
be developed
BB "Treatment" means the use of engineered systems that use
physical, chemical, or biological processes to remove pollutants Such
processes include, but are not limited to filtration, gravity settling, media
absorption, biodegradation, biological uptake, chemical oxidation and UV
radiation
CC "Treatment Control Best Management Practice" or "Treatment
Control BMP" means any engineered system designed to remove
pollutants by simple gravity setting of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological, or
chemical process
5- 7- 50-RATE OF DISCHARGE No New Development will increase the peak
rate of discharge of storm water fzom the developed site if this increase would
make downstream erosion more probable
5 -7 -60 SUBDIVISION DESIGN Unless inconsistent with vested rights, the site
design for all New Development subject to this Chapter, to the maximum extent
practicable, will
A Concentrate or cluster New Development on portions of the site
while leaving the remaining land in a natural undisturbed condition,
B Limit clearing and grading of native vegetation to the minimum
extent practicable, consistent with the construction of lots, and to allow
access and provide fire protection,
C Preserve riparian areas and wetlands
5 -7 -70 BEST MANAGEMENT PRACTICES (BMP)
A On the date this Chapter takes effect, those Best Management
Practices which are listed in Tables 1 and 2 of the Standard Urban Storm
Water Mitigation Plan will be deemed to be incorporated by reference and
adopted by this City and will remain in effect until the City Council adopt
by resolution a "BMP Guidebook" prepared or recommended by the
Director of Public Works (the "Director "), categorizing development and
Best Management Practices for each category.
B The Director may from time to time revise the BMP Guidebook,
and the City Council may adopt these revisions by resolution
C No Best Management Practice other than a Structural or Treatment
Control Best Management Practice will be used in New Development or
Page 11 of 19 083
Redevelopment regulated under this Chapter, unless listed in the SUSMP
or the BMP Guidebook
D No Structural or Treatment Control Best Management Practice
may be used in New Development or Redevelopment regulated under this
Chapter unless listed in the SUSMP or the BMP Guidebook
5 -7 -80 CONTROL OF EROSION OF SLOPES AND CHANNELS Best
Management Practices used on slopes or channels in New Development or
Redevelopment subject to this Chapter will
A Convey runoff from tops of slopes,
B Eliminate or reduce flow to natural drainage systems, and for flows
which cannot be eliminated, utilize natural drainage systems, rather than
artificial drainage systems, to the maximum extent practicable,
C Stabilize soil at permanent channel crossings,
D Vegetate slopes with native or drought tolerant species known to
control erosion, and
E Dissipate concentrated flows before they enter unlined channels
5 -7 -90 SIGNAGE AT STORM DRAINS In the project area of New
Development or Redevelopment subject to this Chapter, a notice that dumping in
storm drains and catch basins is illegal will be
A Stenciled in paint or other permanent means at all storm drain
inlets and catch basins within the project area;
B Posted at all known public accesses to natural or artificial drainage
channels within the project area, and
C Maintained to preserve the sign
5 -7 -100 OUTDOOR STORAGE OF MATERIALS
A All materials stored outdoors in New Development or
Redevelopment subject to this Chapter which, if exposed to storm water,
reasonably may be expected to add pollutants to storm water, will be
isolated from contact with storm water by
Enclosure in a structure, or
By a surrounding curb or other containment structure
B The storage area for materials referred to above must be covered
completely;
Page 12 of 19 084
By impermeable paving, or
2 An overhead covering that adequately diverts precipitation
away from the ground between the material and the surrounding
containment structure
5 -7 -110 OUTDOOR TRASH STORAGE AREAS Except where they
serve only single - family residences, solid waste containers in New Development
or Redevelopment subject to this Chapter will be placed between collections in
areas that
A Are isolated from contact with storm water flows originating
outside the storage area, and
B Are surrounded with a barrier sufficient to prevent all trash from
being transported out of the storage area, except during collection
5 -7 -120 MAINTENANCE OF BEST MANAGEMENT PRACTICES
A Every person applying to the City for approval of any New
Development or Redevelopment subject to this Chapter, as part of that
application, will agree in writing to maintain any Structural or Treatment
Control Best Management Practice to be implemented in that development
through means such as a covenant running with the land such as
covenants, conditions and restriction, (commonly known as CC &Rs),
mitigation measures under the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq ), a Conditional Use Permit,
enforceable conditions of approval, or other legal agreement (collectively
"Agreement ")
B. The Agreement described in this section will remain in force until
ownership of the developed property is transferred, and upon transfer, will
be binding on the new owner(s)
5 -7 -130 DESIGN STANDARDS FOR BEST MANAGEMENT
PRACTICES Except as this Chapter may specifically exempt, every Best
Management Practice required to be implemented pursuant to this Chapter in New
Development or Redevelopment for the area contributing to that practice.
A Will be adequate to protect from flooding those parts of the
contributing area adjacent to drainage channels, according to design
criteria the City may establish,
B Will be adequate
1 For the volume of storm water that, as determined by the
formula recommended in "ASCE Manual of Practice No 87
(1998)," may be collected from the contributing area during a 24
Page 13 of 19 8 J
hour period in which the total storm water runoff exceeds 85% of
all runoff volumes that have been measured for 24 -hour periods for
that same area, or
2 To treat, by the method recommended in " Cahforma Storm
Water Best Management Practices Handbook -
hidustnal/Commercial(1993)," 80% or more volume treatment of
the annual volume of storm water runoff from the contributing area
or
3 For the volume of storm water runoff from the contributing
area produced by a storm event of 0 75 inches
C Subsection (B) of this section will not apply to any Development
or Redevelopment of less than 5,000 square feet for use by a Restaurant,
or a Retail Gasoline Outlet with less than 5,000 square feet of upervious
surface area or projected Average Daily Traffic of less than 100 vehicles
D Where Redevelopment results in an increase of less than fifty
percent (50 %) of the impervious surfaces of a previously existing
development, and the existing development was not subject to these
SUSMPs, the design standards of this section will apply only to the
addition, and not to the entire development
5 -7 -140 LOADING DOCKS In any 100,000 square foot
IndustnalfCommercial Facility or in any Automotive Service Facility, in New
Development or Redevelopment subject to this Chapter the design of any outdoor
loading dock area will
A Use an overhead covering that prevents the entry of storm water,
or
B Prevent the entry of storm water by diverting it away, and
C Not conduct storm water from any truck well directly into a storm
drain system
5 -7 -150 REPAIR AND MAINTENANCE BAYS In any 100,000 square
foot Industrial/Commercial Facility or in any Automotive Service Facility, in
New Development or Redevelopment subject to this Chapter repair or
maintenance bays will
A Prevent the entry of storm water by diverting it away or by locating
such bays indoors, and
B Use a drainage system that collects all water from washing and
from leaks or spills and stores the water in a sump for disposal; and
Page 14 of 19 086
C Does not conduct storm water from the bay directly to a storm
drain system
5 -7 -160 WASH AREAS Each wash area for motor vehicles or equipment
in any New Development or Redevelopment subject to this Chapter will use
A An adequate overhead covering, and
B A device that clarifies or otherwise pre - treats all wash water, and
C A drain conducting all treated wash water to a sanitary sewer
5 -7 -170 RESTAURANTS Each Restaurant in any New Development or
Redevelopment subject to this Chapter will include an area for the washing or
cleaning of equipment, which
A If indoors, will
1 Be self - contained,
2 Use a grease trap, and
3 Use a drain conducting all waste water to a sanitary sewer
B If outdoors, will
1 Use an overhead covering adequate to prevent contact with
storm water;
2 Be covered with impermeable paving;
3 Be surrounded by a curb or other containment, and
4 Use a drain conducting all waste water to a sanitary sewer
5 -7 -180 RETAIL GASOLINE OUTLETS All fuel dispensing areas in
any Retail Gasoline Outlet subject to this Chapter will
A Be covered by a structure that
1 Extends outward at least as far as the grade break at all
points, and
2 Diverts all storm water away from the fueling area
B Be paved with a material, other than asphaltic concrete, that is
impermeable to water and has a smooth surface with a slope of not less
than two per cent (2 %) but not more than four per cent (4 %);
Page 15 of 19
087
C Be separated from the rest of the site by a grade break that, to the
maximum extent practical, prevents storm water from entering the fueling
area,
D Extend outward at least six and one -half feet (6 5') from the
outermost corner of any fuel dispenser, or a distance one foot (1') greater
than the combined length of the dispensing hose and nozzle, whichever
distance is less,
5 -7 -190 PARMNG LOTS Owners and operators of Parking Lots in any
New Development or Redevelopment subject to this chapter will mrmmize offsite
transport of pollutants to the maximum extent practical by using the following
BMPs
A Minimize impervious land coverage,
B Provide effective treatment or infiltration of storm water before it
is discharged into storm drams, and
C Use operational and maintenance measures to remove heavy
metals, oil and grease and polycyclic aromatic hydrocarbons
5-7-200 SITE - SPECIFIC MITIGATION REQUIREMENTS FOR
NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL
ADVERSE IMPACTS ON POST - DEVELOPMENT STORM WATER
QUALITY On and after the effective date of this Chapter, all projects for
Development or Redevelopment not requiring a SUSMP which have the potential
to have adverse impacts on post - development storm water flows from the site,
will include the submission of a site - specific plan adequate to mitigate post
development storm water quality if the project has any one or more of the
following characteristics
A A vehicle or equipment fueling area,
B A vehicle or equipment maintenance area, including washing and
repair,
C Any commercial or industrial waste handling or storage area,
D An area for outdoor handling or storage of Hazardous Materials, as
defined in this Chapter,
E An outdoor manufacturing area,
F An area where outdoor food handling or processing occurs,
G. An area where outdoor animal care, confinement or slaughter
occurs, or
Page 16 of 19 088
H An area of outdoor horticultural activity
5 -7 -210 ENFORCEMENT
A Violation of any provision of tlus Chapter will be both a
misdemeanor and a public nuisance
B The remedies specified in this Chapter will not exclude any other
legal remedy that may be available to the City
5 -7 -220 INSPECTIONS
A The Director of Public Works and such officers as the Director
may designate will enforce the provisions of this Chapter
B As necessary, these officers may, at a reasonable time and in a
manner authorized by the laws of California, enter and make inspections
on any property regulated under this Chapter.
5 -7 -230 FEES The City Council may establish and fix the amount of fees
for services provided under this Chapter, as authorized under Government Code
§ § 66016 and 66018
5 -7 -240 REQUEST FOR WAIVER Any person required under this
Chapter to implement a Structural or Treatment Control Best Management
Practice may petition to the City Council to waive that requirement as impractical,
provided the petitioner has in good faith considered and rejected as not feasible all
such practices available
5 -7 -250 WAIVER BY CITY COUNCIL The City Council may waive a
Structural or Treatment Control Best Management Practice as impractical if the
City Council finds that:
A Inadequate space for treatment exists on a Redevelopment project;
or
B Soil conditions strongly disfavor the use of infiltration, or
C The natural land surface where the BMP would be located lies:
1 Above a known unconfined aquifer, or
2 Less than ten (10) feet above an existing or potential source
of drinking water
D Any petition for waiver not falling within the foregoing categories
will be forwarded to the Regional Board for consideration "
Page 17 of 19
U89
SECTION 3 Repeal of any provision of the ESMC will not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date Any such repealed
part will remain in fall force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance
SECTION 4 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 5 This Ordinance will become effective thirty (30) days following its
passage and adoption
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 passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law
PASSED AND ADOPTED this i day of 12002
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, Cahforma, 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 , 2002, 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 2002, and the same was so passed and adopted by the following
vote
AYES
NOES
WTI-Oft
Page 18 of 19
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS
Mark D Hensley
C
Karl H $eigei
Assistant City
Page 19 of 19 091
EL SEGUNDO CITY COUNCIL MEETING DATE. August 20, 2002
AGENDA ITEM STATEMENT AGENDA HEADING- New Business, City Clerk
AGENDA DESCRIPTION
Consideration and possible action regarding adoption of an Ordinance amending the El
Segundo Municipal Code ( "ESMC") § 7- 7- 2(B)(3) removing the exemption for certain handbills
This action should be taken to comply with applicable Federal and State laws
RECOMMENDED COUNCIL ACTION:
1) Waive first reading and Introduce the Ordinance,
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION-
During the Recodlfication process ESMC section 7 -7 -2, which regulates handbills, was
identified as being Inconsistent with State law The City Attorney's office has reviewed the
relevant law and recommends that this Section be repealed to remove the exemptions
provided for political and religious handbills since these exemptions are content based and
likely unconstitutional (CONTINUED)
ATTACHED SUPPORTING DOCUMENTS:
1) Draft Ordinance
2) Copy of current ESMC § 7 -7 -2
FISCAL IMPACT:
NONE
ORIGINATED BY. DATE August 8, 2002
C !) ma4Vk , 4w
Cindy Morksen, City Clerk
DATE:
41�ezl
Mary Wenn, City Manager
092 12
BACKGROUND & DISCUSSION (CONTINUED):
ESMC Section 7 -7 -2 generally prohibits the distribution of any handbills within the City
The only exception is when a handbill is voluntarily accepted by the person or if the
handbill has religious or political content The reasons for this regulation are to help
reduce litter on both public and private property and improve aesthetics in the City
The City Attorney's office advised the City Clerk that ESMC Section 7 -7 -2 should be
amended to remove the exemption provided for political and religious handbills The
reason for this recommendation is that these exemptions are content based Such content
based restrictions have been found unconstitutional
ESMC Section 7- 7- 2(B)(3) exempts from the prohibition on handbill distribution, political
and religious materials It states
"The provisions of this subsection shall not be deemed to prohibit the placing of a political
handbill, a religious handbill, or a newspaper on the door or in front of and immediately
adjacent to the door of any private residence "
This language makes the ordinance content based because it requires law enforcement to
read the handbill in order to determine whether its contents violate the law California
courts have generally held that content -based restrictions must be necessary to serve a
compelling interest and must be narrowly drawn to achieve that end Furthermore,
California courts have determined that ordinances which create exemptions for certain
kinds of speech are content -based and therefore presumptively invalid'
Because it is doubtful that the City can identify a compelling interest in exempting political
and religious handbills from the general prohibition, it is likely that the court would find the
exemptions at ESMC Section 7- 7- 2(B)(3) invalid content -based restrictions
Accordingly, the City Clerk recommends that this section be removed in order to ensure
uniform regulation of all handbills
1 See Desert Outdoor Advertising, Inc v City of Moreno Valley (9t' Cir 1990) 103 F 3d 814, 820 cart denied 093
AN ORDINANCE REPEALING EL SEGUNDO MUNICIPAL
CODE ( "ESMC ") SECTION 7- 7- 2(B)(3) TO REMOVE
EXEMPTIONS FOR HANDBILLS REGULATION.
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 City Council believes it is in the public interest to generally prohibit
the unsolicited distribution of handbills on public and private property Doing so
helps reduce litter and improve aesthetics within the City
B The City Council also recognizes that citizens may wish to receive certain
handbills and should be free to voluntarily accept such documents
C The City Council is informed that exempting certain kinds of handbills
from the general prohibition may constitute an improper infringement of protected
rights Accordingly, in order to ensure that handbills are uniformly regulated, the
City Council finds that the El Segundo Municipal Code ( "ESMC ") should be
amended to remove exemptions for handbills involving political and religious
topics
D Based upon the foregoing, the City Council believes that it is in the public
interest to repeal ESMC § 7- 7- 2(B)(3)
SECTION 2 ESMC § 7- 7- 2(B)(3) is repealed
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
0914
SECTION 5 This Ordinance will become effective thirty (30) days following its
passage and adoption
PASSED AND ADOPTED this day of , 2002.
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 , 2002, 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 2002, and the same was so passed and adopted by the following
vote.
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED A F
Mark D HenA . v tt Mev
By1 �
-Xarl H Berger
Assistant City At
095
7 -7 -1
CHAPTER 7
HANDBILLS
SECTION
7 -7 -1
Handbill Defined
7 -7 -2
Distribution
7 -7 -3
Posting Property To Prevent
Handbills
7 -7 -4
Placing In Vehicles
7 -7 -5
Hours Of Distribution
7 -7 -6
Locations Where Prohibited
7 -7 -7
Exemptions
7 -7 -1 HANDBILL DEFINED: "Hand-
bill', for the purposes of this
Chapter, includes any printed or written
advertising matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspa-
per, paper, booklet or any other printed
matter or literature (Ord 232, 8 -7 -1940)
7 -7 -2 DISTRIBUTION:
A Public Property It is unlawful for any
person, either directly or indirectly, to
deposit, place, throw, scatter or cast
any handbill in or on any public thor-
oughfare, park, ground or other public
place within the City The provisions
of this Section shall not be deemed to
prohibit the handing, transmitting or
distributing of any handbill to any
person willing to accept the handbill
B Private Property
1 It is unlawful for any person, either
directly or indirectly, to distribute,
deposit, place, throw, scatter or cast
7 -7 -3
any handbill in or upon any private
yard, grounds, walk, porch, steps,
mailbox, vestibule, house, residence,
budding or any other private property
The provisions of this subsection shall
not be deemed to prohibit the hand-
ing, transmitting or distributing of any
handbill to the owner or other occu-
pant of the private yard, grounds,
walk, porch, steps, mailbox, vestibule,
house, residence, building or other
private property
2 The provisions of this subsection
shall not be deemed to prohibit the
distribution of handbills by firms se-
curing a handbill on the doorknob with
a rubber band or a container designed
to hang on a doorknob
3 The provisions of this subsection
shall not be deemed to prohibit the
placing of a political handbill, a reli-
gious handbill, or a newspaper on the
door or in front of and immediately
adjacent to the door of any private
residence (Ord 916, 12 -21 -1976)
7 -7 -3 POSTING PROPERTY TO PRE-
VENT HANDBILLS: It is lawful
for the owner or the occupant of any prop-
erty to place a sign in a conspicuous place
near the entrance thereof indicating that no
handbills are desired, and, when the prop-
erty is so signed or posted, it is unlawful for
any person to go upon the premises or
property so posted and distribute, deposit,
place, throw, scatter or cast any handbill
(Ord 232, 8 -7 -1940)
City of El Segundo
096
7 -7 -4
7 -7 -4 PLACING IN VEHICLES: It is
unlawful for any person, either
directly or indirectly, to distribute, deposit,
place, throw, scatter or cast any handbill in
or upon any automobile or other vehicle
The provisions of this Section shall not be
deemed to prohibit the handing, transmit-
ting or distributing of any handbill to the
owner or other occupant of any automobile
or other vehicle (Ord 232, 8 -7 -1940)
7 -7 -5 HOURS OF DISTRIBUTION: It
is unlawful for any person to
distribute any handbills between the hours
of ten o'clock (10 00) P M of any day and
seven o'clock (7 00) A M of the following
day (Ord 232, 8 -7 -1940, amd 2000 Code)
7 -7 -6 LOCATIONS WHERE PROHIB-
ITED: It is unlawful within the
City for any person to post, print, stick,
stamp, tack or otherwise affix, or cause the
same to be done by any other person, any
handbill, notice, placard, bill, card, poster,
sticker, banner, tin sign, advertisement or
other device calculated to attract the atten-
tion of the public to or upon any public
sidewalk, crosswalk, City tree, curb, curb-
stone, lamppost, hydrant, street sign or
post, tree, railroad trestle, electric light or
power pole, telephone, telegraph or trolley -
wire pole, or upon any fixture of the fire
alarm, police or telegraph systems or light-
ing systems of the City (Ord 232,
8 -7 -1940, amd 2000 Code)
7 -7 -7 EXEMPTIONS: The provisions
of this Chapter shall not be
deemed to apply to the distribution of the
United States mad, nor to the delivery of
any handbill to any person who has re-
quested delivery of the same, nor to the
posting of legal notices by public officers or
7 -7 -7
attorneys in the manner and places pre-
scribed by law, nor to permanent signs
painted on buildings or signs advertising
the business painted on buildings or signs
advertising the business conducted on the
premises, nor to official numbers, insignia
or wording placed upon any such buildings,
structures, hydrants, polls, posts, side-
walks, crosswalks, curbs, curbstones or
fixtures, by or with the consent of the owner
or person in charge or control thereof (Ord
232, 8 -7 -1940)
COY of El Segundo
097
0.
6
(D
N
O
O
r
O Q
N n
e
O
a
iv 4
w �
c
CD
O
C77
O
c n
O
U1
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
M
n
O
O
N
O
N
O
W
.
•
`�
CD
N
O
N
OL
O
y
CD
CL
co
o
O
0
co
i�
O
O
p ,
WP
to
�4o
tC
O
l^,J
J
CD
0
^CD
Y
Tn
lY
a
CD
CD
CD
n
0
0
0
0
0
I
O
CT1
O
C?1
O
C77
O
O
O
Co
O
O
O
O
O
O
O
O
4=
co
V
V
V
40
V
O
O
O
O
O
O
O
O
O
O
O
O
co
o
O
0
co
i�
O
O
p ,
WP
to
�4o
tC
O
l^,J
J
CD
0
^CD
Y
Tn
lY
a
CD
CD
CD
n
0
0
0
0
0
I
Ar
�O
P�
GPs
s
GAP'
sP
1P J`
�i
f`p
�sr
o`
P'
PG
P'
GP
c+
51F1 - ip
14.
P�cPS`
O%
.a
P`
�GP
■
■
—►
N
N
W
y
G1
O
CTS
O
cn
O
h4
cyD
4
D
Q
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
co
O
O
O
■
■
■
00
O
y
O
h4
cyD
4
D
Q
O
O
C
N
�
1V O
O
N �
(tit IV
W
co
0
U
n
y�
�D
i
<D
�D
y
n
o lb b►
rt
C
tzn
fD
N
o
m
G
Ctf
y
a
0
n
a
CO) y
o C S.
N O d
y ZL lu
C
<D
0
ca
G
Ctf
O
�?1
O
tJ1
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0
ca
G
(D
•Oi
CA
lb
!D
0
0�1
O
•3r.
O
7
G
m
\°
o
�
0
0
a
C
C
N
C
BCD
Z5,
W
y
„��
I.*
o
CD
c•
cx
O
tj)
n
°
E.
p
N
a
n m
�
o
c
o
CD
Sb
d o
°
N
rn
;
QO o
O
N
W
0
y
y
CD
n
`C
CD
Q
ia
0
i�
0
w
cn
e
0
CCD
UQ
O
O
n
CD
a
0
n
CD
n
CCD
cn
CD
0
CD
CD
O
00
CD
cD
CD
W
N
O
N
N n
� C
� N
CCD 0
CD
w
CD
�, CD
un �
CD
NO
a�
� a.
CD
CD
a
n
CCD
q
N
O
O
N
N
O
O
W
N
CD
w
DO
N
�-s
CD
CD
CL
cD
0
s'
CD
0
CD
n
CD
n
n
CD
p
CA
CD
M.,
CD
0
N
N
N
0
u
cD
CD
co
a°
y
tD
cx
rI
<D
O
O
N
W
0
y
N
°o
O
N
<D
O
O
O
N
CA
0)
Co 0
0
C=)
C=)
C)
0
i�
0
w
cn
e
0
CCD
UQ
O
O
n
CD
a
0
n
CD
n
CCD
cn
CD
0
CD
CD
O
00
CD
cD
CD
W
N
O
N
N n
� C
� N
CCD 0
CD
w
CD
�, CD
un �
CD
NO
a�
� a.
CD
CD
a
n
CCD
q
N
O
O
N
N
O
O
W
N
CD
w
DO
N
�-s
CD
CD
CL
cD
0
s'
CD
0
CD
n
CD
n
n
CD
p
CA
CD
M.,
CD
0
N
N
N
0
u
cD
CD
co
a°
y
tD
cx
rI
<D
O
O
N
W
0
y
N
°o
O
N
<D
O
O
O
N
�
m
7
2.
(0)
�
Nit
�
�
�
�
CD
�N
W
�
lib
O
2
CD
i
�
CA
�
CD
0
0
0
0
0
0
0
CD
\
0
2
0
0
0
/•)
/
D
0 0
0
0
0
0
0
/
C
§
9
k
\
2
\
ƒ
/t)
/•)
/
D
«a•
#
7
\'�
\.
/
/
@
ƒ
/
CD
�
q
ƒ
3
�
d
°
C
0
0
�
M-0
m
cm
a'
°:
C
cD
n
0
a
CD
0
0
y
z
O
O
b
a
a�
c�
CD
0
0
0
0
0
°o
°o
0
°o
°
0
CD
o
0
0
0
0
0
0
°
o0
00
00
0 0°
o
00
j
CD
0
0
-a
0
w cn CD
0 0 0 0 0 0
06 46 CD 46 CD C=O
0 Co 0 0 0 C=O 0
e @ % ■ � �
�o rn to
CD . % \ \ 7 ) % / CL
CD 0 n .
§ k 7\ §/ j 2 A
o CD E� � a. CL c o
2 _2 § t o
\ 8t 0 ƒ ? k cx
o 7 § » 0
\/ 0 o� hi
e
k n @ / / �
E
0 / / / j
CD e R. o CD
�
/ %
)
° + ® o °
E o § § R8
7 ® 2 �
M a '@ kn
2 § & 7 \ 9
§ k
Qn K \ # \ /
§' % } \ m q a
}
ƒ / m & /
Do / 2 f \
c • \ \ % ?
\
o G
ƒ ° f @
§, R
m
K)
�
m co
o
�
�
co
o
46
46
cp
co
co
46
0
0
C 0
0
0
o
o
o
0
0
0
40 o
CD
0
0
0
0
0
C
0 0
0
CD o
0
0
0
o
0
w
&
ƒf
ƒDf
}_
\/
G)
�2
®k��2
CD
Qƒ
m
ƒ
CD
/ \
/
\
C)
_
_
@
/ = (-D
.
S
/
0
]
7 / /
d
cx
\ /
CD
ƒ
%n
C)
\
/
W
)
&
E
E
k
®
�'�
G §
\
/
f
R
§
\ )
CD
R
t °
4'=
° ®
E
CO)
\ 0
ƒ
°
o
% \ \
B
o
@ p n
n =
\
a
\\
/�\f'/
ƒ
CD
/\\
0
q
°
(
(
}.
o j w
).
m
/
/
n
§
�
»
&
§
a
f
■ ■
■
�a rTi
to
CX
�1:0
0. g 0.
k ^
�
�
�
o
�
2
2
2 k
n
O
LIZ
ti
a
a
w
0
O�
O
0
m
0
�u
y
Do
N
N
40h
0
OD
O
N
a
G7
00
O
0
`
Q
�
=
o
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
Co
w
0
O�
O
0
m
0
�u
y
Do
a
a
0
a
a
c
0
`
Q
�
=
o
N
c�
.-^ N
O °
� o
o °
G)
cD
z
CD
a
c
CL
a
CD
a)
CD
CD
c
CD
O
C7
O
y
cD
■
o�
C
Q
CD
N
0
0
0
N
N
w
cr
M
0
0
0
0
0
0
00
00
=
00
00
4=
0
0
0
0
0
0
00
0
0
°
0
4=
4=
0
Co
o
■
o�
C
Q
CD
N
0
0
0
N
Q
�D
�D
A
i
z
D
V
i
.i
V
V
O
V
O
O
O
O
O
O
O
O
O
O
O
V
O
O
O
O
O
O
O O
O
O
O
O
O
A
i
z
D
V
i
.i
V
O
1
�D
�p
y
up
�
�
Q
co
O
N
N
�
C7
OO
O
N
rA
Q1
00
O
N
coo
.F-O.
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
CD
co
co
co
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
�p
y
up
�
�
Q
co
O
Q
Q
O
O
N
coo
.F-O.
0
0
CD
CD
d CD
a
y
ti
CD
0
O O O O C O O O O O
O O O O O O O C=)
., ...
CD 0
r* �'
CD cu
0 a 'd cu w -t
o o CIO
CD
o �o a. CD
CD
w
CD CD
0 ant � CD
CD CD
CD cD
W
■
�a ti 1"
a _ a
0
CD
0. a o
aon�
4 o
m
N P
Pb G
G) C
Co O
O N
N A
A m
m w
w _
_O
O O
O O
O O
O O
O O
O O
O O
O O
O O
O
O O
O O
O O
O O
O
O O
O
O O
O
_O O
., ...
CD 0
r* �'
CD cu
0 a 'd cu w -t
o o CIO
CD
o �o a. CD
CD
w
CD CD
0 ant � CD
CD CD
CD cD
W
■
�a ti 1"
a _ a
0
CD
0. a o
aon�
4 o
m
C7
O
O
O
O
OD
O
O
O
O
O
O
O
Cl
O
N
O
O
Cl
O
A
O
O
Cl
O
CF)
O
O
Cl
O
co
O
O
O
O
O
O
O
O
O
�a m
o0
CD o
n
c=
a
a
ca
CD
o
(D
4
0
CD
f N
CD
C`
N o°
CD
U)
�3
oo c
N
C)
�
�.
o
CD
CD
w
(D
ju
ocrCD
4
oN
p'
CD
ow 0
n
CD
0
w
1 `°
�•
CD
CD
O
N
y m
ILa��