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2003 MAY 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. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, MAY 20, 2003 — 5:00 P.M. Next Resolution #4308 Next Ordinance #1362 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 4 matters. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASC No. BC288292 3. Bressi v. City of El Segundo, LASC No. BC288293 4. Bacon v. City of El Segundo, WCAB No. UN0458729 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —1 matter Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, MAY 20, 2003 — 7:00 P.M. Next Resolution #4308 Next Ordinance #1362 7 :00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Rob McKenna of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell PRESENTATIONS — (a) Commendation to the Raytheon Company for their exemplary ethnic diversity in the workplace and wishing them a very special Asian Pacific American Heritage Celebration on May 21, 2003 from 11:30 am to 1:30 pm. (b) Presentation by John Melvin, Regional Field Specialist, CDF Urban and Community Forestry, to the City of El Segundo as a 2002 Tree City USA. (c) Proclamation proclaiming June 7, Super CPR Saturday in El Segundo. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees, speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 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 Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a recommendation by the Recreation and Parks Commission to approve an ordinance governing the conduct of special events on City streets and other rights -of -way and to approve an ordinance regarding the conduct of special events in city parks and facilities. Recommendation — (1) Introduce the ordinances and set second readings for each on June 3, 2003; (2) Alternatively, discuss and take other action related to this item. 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. 2. Warrant Numbers 2533285 to 2533596 on Register No. 15 in the total amount of $852,148.70 and Wire Transfers from 4/25/2003 through 5/9/2003 in the total amount of $595,841.39. 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. City Council Meeting Minutes of May 6, 2003. Recommendation — Approval. 4. Consideration and possible action regarding City co- sponsorship and the waiver of fees for a charitable event known as "Keep L.A. Running ", a 5K Walk /Run and 10K Run to be held on July 13, 2003 from 8:00 A.M. until noon. Recommendation — (1) Approve City co- sponsorship of the nonprofit event, "Keep L.A. Running "; (2) Consider waiving City fees in the amount of $5,700; (3) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Juvenile Diversion Project between the City of El Segundo and South Bay Youth Project (South Bay Youth Project is sponsored by the City of Redondo Beach, a chartered municipal corporation) for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option of annual review and renewal not to exceed a total of three years. Recommendation — (1) Approve the Professional Services Agreement in a form approved by the City Attorney with South Bay Youth Project and authorize the Mayor to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding approval to the first Amendment to the Professional Services Agreement Number 3027, to implement the Community Development Block Grant (CDBG) Home Delivered Meals Program between the City of El Segundo and Oldtimers Foundation, a California non - profit organization for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option to amend to extend through June 30, 2005. Recommendation — (1) Approve Amendment Number 1 to the Professional Services Agreement with Oldtimers Foundation and authorize the City Manager to execute said Amendment; (2) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding adoption of an ordinance to allow the City of Hawthorne to analyze the inclusion of Area B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of financing mechanisms for the LAAFB modernization project. Recommendation — (1) Second reading and adoption of Ordinance by title only; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding the revised El Segundo Community Cable Policies, Procedures and Guidelines. Recommendation — (1) Approve the revised El Segundo Community Cable Policies, Procedures and Guidelines as provided by the City Attorney; (2) Alternatively, discuss and take other action related to this item. A 9. Consideration and possible action to approve request by Northrop Grumman Corporation to rename 118th Street between Aviation Boulevard and Hornet Way to Northrop Grumman Avenue. Recommendation — (1) Approve request by Northrop Grumman Corporation; (2) Authorize staff to change the street name signs; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action for approval of the reimbursement agreement between the City of El Segundo and Pacific Pipeline System for pipeline relocation for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program. (Estimated Cost $1,201,569) Recommendation — (1) Approve the reimbursement 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 an agreement with BOA Architecture for professional architectural design services for the Refurbishment of the City Council Chambers and Replacement of City Hall Exterior Windows — RFP No. 03- 02 — Approved Capital Improvement Program (Estimated Cost of Service $31,000). Recommendation — (1) Approve the standard consultant agreement with BOA Architecture for $25,900; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Authorize $5,100 for contingencies; (4) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to receive and file the recently completed Workers' Compensation Claims Audit report for the City by George Kingston of George Kingston & Associates. Recommendation — (1) Receive and file Workers' Compensation Claims Audit report; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 7 FAYA Integrated Systems In Reply Refer To: LOWDOO- 03- 001 /TMJ:dt City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 -3895 Attention: Mr. Andres Santamaria, Director Subject: Street Renaming Mr. Santamaria: Northrop Grumman Corporation Air Combat Systems One Hornet Way El Segundo, California 90245 -2804 18 April 2003 RECEIVED APR 18 2003 PUBLIC WORKS ENGINEERING. Northrop Grumman is requesting the City's support to enable the renaming of that portion of 118"' Street which runs between Aviation Boulevard and Hornet Way as "Northrop Grumman Avenue ". In November 2002 we relocated our Integrated Systems (IS) sector headquarters from Las Colinas, Texas to our Air Combat Systems (ACS) site here in El Segundo. With those business entities now collocated, there is need for distinguishable identity and a discrete mailing address for Integrated Systems. Our current ACS mailing address, "One Hornet Way" reflects deference to our Boeing /U.S. Navy customer for whom Northrop Grumman (ACS) has supplied the F /A -18 Hornet fuselage from the El Segundo site for many years. Our IS sector product array is broader and are provided to multiple U.S. and foreign customers and is best served with a "Northrop Grumman Avenue" mailing address. Our intent is to support this opportunity by implementing all necessary signage modifications upon the City's approval and within its guidelines. Your timely approval on this matter is appreciated and we stand ready to provide any assistance which might expedite the process and effect the street renaming as soon as possible. Should you have questions concerning this information, please contact the undersigned. Sincerely, d T.M. Grimes, Manager Facilities Planning and IPT & Technology Support 310 - 628 -2555 E-mail:grimeti@mail.northgrum.com 0 Recycled Paper W T y A O ,v�wJ I W l AeM481H IeIJedWI J N G a u N N •lS ant, C ON C w C N � p � W a f c o 1p VV A J W T o a+ er a o W 0 7 T esodlieW ° « a 3S 44OU IE T d N M J ❑ 1S 41VU W l i b M 1 NEW BUSINESS — 13. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 -Beer and Wine) at a new restaurant, Havana Sandwich Company, located at 229 Main Street, EA No 613 AUP No 03 -02, and ABC 03 -02. Applicant: Havana Restaurants, Inc. Recommendation — (1) Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at Havana Sandwich Company; (2) Alternatively, discuss and take other action related to this item. G. REPORTS —CITY MANAGER— NONE H. REPORTS —CITY ATTORNEY —NONE REPORTS — CITY CLERK REPORTS — CITY TREASURER — NONE K. 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 receive 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, at sue.) 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: `5 Z/ -16- o3 TIME: / ' ! D M, NAME: 9 EL SEGUNDO CITY COUNCIL MEETING DATE: May 13, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding a recommendation by the Recreation and Parks Commission to approve an ordinance governing the conduct of special events on City streets and other rights -of -way and to approve an ordinance regarding the conduct of special events in city parks and facilities. RECOMMENDED COUNCIL ACTION: 1) Introduce the ordinances and set second readings for each on June 3, 2003; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Currently, the City has no formal policy regarding the conduct of most public events on City streets and city parks. Sections 7 -8 -1 and 7 -8 -2 of the El Segundo Municipal Code outline the permits necessary for parades on public streets. However, it has become apparent that those sections are inadequate to provide an appropriate review and permitting process for most non - city sponsored events that occur on public streets and facilities throughout the year. City - sponsored events, of course, do not require that type of review and the issuance of a permit. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance regarding the use of public streets and rights -of -way for parades, athletic events, block parties and public assemblies; and 2) Ordinance governing the issuance of permits authorizing events conducted in city parks and facilities. FISCAL IMPACT: None Operating Budget: Account Number: Project Phase: Appropriation Required: _Yes X No �Y M ry City Manaqer �� 010 1 EL SEGUNDO CITY COUNCIL MEETING DATE: May 13, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding a recommendation by the Recreation and Parks Commission to approve an ordinance governing the conduct of special events on City streets and other rights -of -way and to approve an ordinance regarding the conduct of special events in city parks and facilities. RECOMMENDED COUNCIL ACTION: 1) Introduce the ordinances and set second readings for each on June 3, 2003; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Currently, the City has no formal policy regarding the conduct of most public events on City streets and city parks. Sections 7 -8 -1 and 7 -8 -2 of the El Segundo Municipal Code outline the permits necessary for parades on public streets. However, it has become apparent that those sections are inadequate to provide an appropriate review and permitting process for most non - city sponsored events that occur on public streets and facilities throughout the year. City - sponsored events, of course, do not require that type of review and the issuance of a permit. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance regarding the use of public streets and rights -of -way for parades, athletic events, block parties and public assemblies; and 2) Ordinance governing the issuance of permits authorizing events conducted in city parks and facilities. FISCAL IMPACT: None Operating Budget: Account Number: Project Phase: Appropriation Required: _Yes X No 010 Background and Discussion (con't): In absence of a formal policy, non -city entities, are required to approach the City Council for permission, and in some cases, a fee waiver in order to conduct a special event on City streets and facilities. Such notable examples include the annual Chamber of Commerce Holiday Parade, the annual ESPOA Car Show on Main Street, and the Richmond Street Fair. In addition, the City receives numerous requests each year for permission of persons or groups to conduct "free speech" events on public right -of -way, such groups might include those seeking to stage a public protest regarding labor /management issues, the protest of public and /or governmental policy or other activities guaranteed under the rights of free speech. However, because most of those requests are made within 24 to 48 -hours of a planned event, staff and the City Attorney's office have been forced to develop guidelines and approval processes in absence of meaningful Council direction on such matters. With respect to the use of city parks, the Recreation and Parks Department has developed a set of departmental policies over the years allowing specific types of activities. Though the Recreation and Parks Commission has been involved in the development of those policies, the City Council to date has not adopted formal policy guidelines with respect to the use of public facilities and parks. In response to that absence of specific policy, staff is recommending approval of two ordinances governing the permit process for non -city sponsored public events that occur on streets and public rights of way and the permit process for non -city sponsored events that occur on city -owned parks and facilities. The Recreation and Parks Commission considered the ordinances on April 23, 2003 and recommended their adoption by the City Council. In addition, the Commission recommended adoption of a resolution establishing appropriate fees for film, special events and park permits. The recommendation on this item is to set a hearing date of June 3, 2003 for consideration of such fees. The following is an overview of the ordinances recommended for approval: Ordinance regarding use of Public streets and other rights-of-way for Parades block Parties and Public assemblies - Defines process to be used by persons seeking to conduct a parade, block party, free speech event or other event utilizing streets and rights of way; - Designates the Director of Recreation and Parks as the recipient of all applications for such events, and establishes a process to be used by the Director in obtaining input from all appropriate city departments regarding the conduct of public events; - Establishes guidelines for both the approval and denial of permit applications; - Establishes appropriate timeframes for the application process regarding special events; - Designates appropriate review and notification requirements to be undertaken by the Director, or designee, prior to issuing Special Events Permits. - Establishes appropriate review, administrative appeals and appeals before the City Council regarding permit denials; ') 11. Background and Discussion (con't): - Establishes guidelines to be utilized by the Director of Recreation and Parks in determining the specific conditions that may placed on persons or groups seeking to obtain a Special Events Permit. Ordinance allowing the issuance of permits authorizing events conducted in City Parks and facilities - The ordinance seeks to mirror the "special events ordinance" outlined above with respect to the issuance of permits for public events in city parks and facilities (i.e, special events and free speech events); - The ordinance also incorporates and formalizes certain recreation and parks department practices for the purpose of continuity; - Establishes the director of recreation and parks as the member of staff responsible for permit issuance and /or permit denial; - Adds an appropriate methodology for establishing the uniform implementation of use fees at city facilities (Note: The city currently charges use fees at public facilities. However, those fees have been established at the departmental level and have not been approved formally by the City Council); - Defines five categories of applicants seeking to use city facilities and the application of fees for each category, as follows: Category 1 — Local "non- profits" (Residents and 501(c)(3) organizations) — Fees are waived. Category 2 — Local "for profits "(In -town businesses seeking to utilize parks or other facilities) - Pay the basic facility use fees established by the city. Category 3 — Non - resident, non - profits (Out of town individuals and 501 (c)(3) organizations) — Pay the basic facility use fees + $10.00. Category 4 — Non - resident, "for profits" (Out of town businesses who seek to use facilities) — Pay the basic rate + $25.00 (Note:This does not include filming, which would be covered under a separate fee schedule). Category 5 — Any applicant that does not meet the above criteria (Examples: Total Baseball and Science Adventure Camp who seek to use City Parks facilities for the purpose of conducting a business enterprise) — Pay basic rate + 25% of gross receipts or a separate negotiated fee. Defines appropriate timelines for administrative review, administrative protests of denials and protests or denials to City Council. Should the City Council vote to introduce the ordinances, staff will bring a resolution to the Council for consideration on June 3, 2003 which would establish fees for the park and facility use categories discussed above. 012 ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 7 -8 -1 AND 7 -8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." The city council of the city of El Segundo does ordain as follows: SECTION 1: Chapter 8 to Title 7 of the ESMC, entitled Parades, consisting of §§ 7 -8 -1 to 7 -8- 2 is repealed. SECTION 2: A new Chapter 8 is added to Title 8 of the ESMC to read as follows: "Chapter 8 USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES. 8 -8 -1: Purpose. 8 -8 -2: Definitions. 8 -8 -3: Administration by Director. 8 -8 -4: Notices. 8 -8 -5: Permit requirements. 8 -8 -6: Exceptions. 8 -8 -7: Fees. 8 -8 -8: Right of Administrative Review. 8 -8 -9: Time for Administrative Review. 8 -8 -10: Commencement of Administrative Review. 8 -8 -I1: Administrative Review. 8 -8 -12: City Council Appeal. 8 -8 -13: Application For Permit — Form And Content — All Events. 8 -8 -14: Additional Information Required for Parades. 8 -8 -15: Additional Information Required for Block Parties. 8 -8 -16: Supplemental Information Required by the Director. 8 -8 -17: Action on Permit Application — Review by City Officers. 8 -8 -18: Time Requirements — Events. 8 -8 -19: Time Requirements — Block Parties. 8 -8 -20: Time Requirements — Free Speech Event. 8 -8 -21: Action on Permit Application — Permit Issuance. Page 1 of 20 0 1:3 8 -8 -22: Action on Permit Application — Permit Denial. 8 -8 -23: Alternative time, place, or manner. 8 -8 -24: General Permit Conditions — Indemnification Agreement. 8 -8 -25: General Permit Conditions — Liability Insurance. 8 -8 -26: General Permit Conditions — Notice To Adjoining Property Owners. 8 -8 -27: Special Permit Conditions. 8 -8 -28: Subsequent Conditions. 8 -8 -29: Permit Revocation. 8 -8 -30: Emergency Suspension of Authorized Event. 8 -8 -31: Cordoning Off the Route or Site of an Event. 8 -8 -32: Public Conduct during an Authorized Event. 8 -8 -1: Purpose. This chapter is adopted pursuant to the city's police powers and California Vehicle Code § 21101(e), and any succeeding statute, for the purpose of regulating parades, athletic events, block parties and public assemblies on or within a city street, parking facility, sidewalk or other public rights -of -way that obstruct, delay or otherwise interfere with the normal flow of vehicle or pedestrian traffic, or which do not comply with applicable traffic laws or controls. 8 -8 -2: 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. A. "Athletic event" means any event where a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk, or other public right -of -way, including, without limitation, jogging, running, racing, bicycling, rollerblading, and roller skating. B. "Block party" means a noncommercial sociable gathering on a local, not arterial or collector, street or area requiring partial or complete street closure to vehicular traffic and use of the street for the festival. C. "City Manager" means the city manager or designee. D. "Director" means the city of El Segundo's director of recreation and parks, or designee. E. "Event" means any parade, athletic event, block party or public assembly that may require partial or complete street closure to vehicular traffic and use of the street for the event. F. "Free speech" means activity protected by the First Amendment of the United Page 2 of 20 (114 States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event. G. "Group" means two or more individuals. H. "In writing" means telegram, facsimile or any other written document. I. "Parade" means any organized march or organized procession of animals, vehicles or persons on or within a city street, parking facility, sidewalk or other public right -of -way. "Pennittee" means a person or entity to which the city issues a permit pursuant to this chapter. K. "Public assembly" means any group of people participating in an organized activity on or within a city street, parking facility, sidewalk or other public right - of -way, other than a group of people participating in an athletic event, block party or parade. L. "Public safety officer" has the same definition as set forth in Government Code § 3301, and any successor statute. 8 -8 -3: Administration by Director. The director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. 8 -8 -4: Notices. A. Where the provisions of this chapter require that an applicant /permittee be served with notice, such notice will be deemed served when personally delivered to such applicant/permittee or when deposited in the first class U.S. Mail, addressed to such applicant/permittee at the applicant/permittee's last known address. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 8 -8 -5: Permit requirements. A. It is unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right - of -way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls. Page 3 of 20 E? 1,5 B. Activity in subsection (A) of this Section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the director receives the applicant's written acceptance in accordance with this chapter. 8 -8 -6: Exceptions. A special event permit is not required for a parade consisting of a vehicular funeral procession or wedding procession. 8 -8 -7: Fees. A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution. B. Charges will be imposed for city services provided to a permittee other than public safety and emergency services. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the director determines this necessary. C. Traffic Control Fee. Permittee will pay the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee will be paid by the permittee before the director issues a permit. The traffic control fee may be waived by the director for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant's inability to pay, which will be supported by a financial declaration. D. Fee Waivers. Upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may only be waived for the following applicants: Non - profit groups with current Internal Revenue Code 501(c)(3) status, government agencies, and public schools; or Community service groups or organizations without current Internal Revenue Code 501(c)(3) status where the city council, by resolution, Page 4 of 20 �� 1 O determines that the proposed event provides services that meet community needs and it is in the public interest to waive such fees. ADMINISTRATIVE APPEALS 8 -8 -8: Right of Administrative Review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 8 -8 -9: Time for Administrative Review. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the director's decision is served on the applicant /permittee. B. If request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 8-8-10: Commencement of Administrative Review. A request for administrative review will be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director 8-8-11: Administrative Review. A. Upon request for administrative review being filed, the director will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the director, the city manager will review the request and, within ten (10) days of receiving the request notice, provide the appellant with a written notification that: 1. The director's decision is affirmed; 2. The director's decision is modified; Page 5 of 20 017 3. The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 8 -8 -12: City Council Appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten (10) days of that decision as provided elsewhere in this code or by city policy and procedure. PERMIT APPLICATIONS 8 -8 -13: Application For Permit — Form And Content — All Events. A. Permit applications will be filed by a natural person. B. Permit applications will be in a form prescribed by the director and, for all events, will contain all of the following information: The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; 3. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; 4. The name, mailing address, and daytime and evening telephone number of any workers to be employed during the event; The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; 6. The nature of the event; Page 6 of 20 018 7. The proposed date and estimated starting and ending time of the event; 8. The proposed location of the event, including its boundaries; 9. The estimated number of participants in the event; 10. The type and estimated number of vehicles, animals and structures that will be used in the event; 11. A description of any sound amplification equipment to be employed at the event; 12. The number, size, and material of construction of any signs or banners to be used in the event; 13. The parking requirements for the event; 14. The location of any water, first aid, or comfort stations to be provided at the event; 15. The type and number of any vendors who will sell food, beverages or other goods or services at the event for which a business license is required by this code; and 16. The type of entertainment. 8-8-14: Additional Information Required for Parades. In addition to the information required in this chapter, every application for a parade will include the following information: A. The time when units of the parade will begin to assemble; B. The proposed assembly point for the parade; C. The proposed parade route; D. The interval space to be maintained between units of the parade; and E. The number, types and size of floats. 8-8-15: Additional Information Required for Block Parties. In addition to the information required by this chapter, every applicant for a block party will include the following Page 7 of 20 ti 19 information: A. How many occupied houses are within the proposed block party boundaries; B. Drawing of the street layout, block party boundaries and proposed barricades; and C. Petition of at least 2/3 of the property owners /residents on the street within the affected area must show their consent in writing. The petition must clearly state the time, date, place and sponsor of the event. Petitioner information must include name, address, telephone and signature. 8 -8 -16: Supplemental Information Required by the Director. In addition to the information required this chapter, applications for all permits authorizing an event will include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit authorizing such event in the manner hereinafter provided by this chapter. ACTION ON PERMIT APPLICATIONS 9-8-17: Action on Permit Application — Review by City Officers. A. After an event permit application is filed, the director will immediately forward the application to directors, or designees (collectively "reviewing officers "), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: The fire chief, 2. The police chief; and The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: 1. Any special conditions for a permit; Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and Page 8 of 20 0 !0 3. Any additional recommendations. C. The reviewing officers must complete their review within the time that the director must make a decision on the application. 8-8-18: Time Requirements — Events. A. Except as provided in this chapter, completed applications for a permit authorizing an event will be filed in the director's office at least: Seventy (70) days before the date of such event to ensure administrative and city council appeals; 2. Thirty (30) business days before the date of such event, in which case the opportunity for a city council appeal is deemed waived; or A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than thirty (30) days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the director within fifteen (15) business days after receiving the completed application. Following his/her decision, the director will promptly attempt to notify the applicant orally, and will provide written notification to the applicant and the city manager. C. Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the director within five (5) business days after the applicant was served with notification of the decision. Failure of affected persons to receive actual notice of an event after permittee has provided reasonable notice will not invalidate a permit. 8-8-19: Time Requirements — Block Parties. A. Completed applications for a permit authorizing a block party: Page 9 of 20 (121 Will be filed in the director's office at least fifteen (15) business days before the date of such event or ten (10) business days if the applicant wishes to waive his/her administrative review rights; 2. Will be denied, approved, or conditionally approved by the director within seven (7) business days after receiving the application. The director will promptly attempt to notify the applicant orally and provide written notification to the applicant and city manager. B. Applicant's acceptance of the approval or conditional approval must be received by the director within three (3) business days after the applicant is served with notice. Failure to accept the decision or to timely file a request for administrative review will be deemed a withdrawal of the application. C. If the applicant filed a completed application at least fifteen (15) business days before the event and the permit is denied or conditioned, the applicant may request an administrative review to the director in writing within three (3) business days of being served with notice of the decision. D. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: Submit a completed application at least fifteen (15) days before the event; 2. Fail to request review of the director's decision; or 3. Fail to attend the administrative hearing personally or through an authorized representative. E. The director's decision is a final determination. There will be no right of city council appeal. 8-8-20: Time Requirements — Free Speech Event. A. Completed applications for a permit authorizing a free speech event: Will be filed in the director's office at least two (2) business days before the date of such event to ensure an administrative review. The director may, but is not required to, accept a completed application less than two (2) business days before an event upon good cause shown. Applications will not be accepted less than twenty -four (24) hours before an event. Page 10 of 20 02 2. Will be denied, approved, or conditionally approved by the director within one (1) business day after receiving the application. The director will promptly attempt to notify the applicant orally, and provide written notification to the applicant and city manager. Such notice will provide detailed facts and reasons for any denial or conditional approval. The director will consult with the city attorney's office before denying, or specially conditioning, a permit for a free speech event. B. Applicant's acceptance of the approval or conditional approval must be received by the director at least twenty -four (24) hours before the event. Failure to accept the director's decision or to timely file an administrative review request will be deemed a withdrawal of the application. C. The applicant may appeal to the city manager in writing within one (1) business day of either oral or written notification, whichever is first. D. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 P.M. in the city manager's office. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: 1. File a completed application at least two (2) days before an event; 2. Seek review of the director's decision; or Attend the administrative hearing personally or through an authorized representative. 8-8-21: Action on Permit Application — Permit Issuance. A. The director will issue a permit if Page 11 of 20 ( ?23 1. The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. Applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public, safety or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian or vehicle traffic and for protecting public or private property. 8 -8 -22: Action on Permit Application — Permit Denial. A permit may be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director; C. Information submitted by the applicant is materially false; D. Applicant seeks approval for an event that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion or to overextend public safety or emergency services; E. The event's time, route, or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site or route of the event; F. The concentration of persons, animals, or vehicles at the event, or at the site of an assembly or disbanding, prevents public safety or emergency services from reaching areas at or contiguous to the event; G. The size of the event will overextend public safety or emergency services to the extent that the safety of event participants, attendees, or the remainder of the city will be seriously jeopardized; This provision does not authorize denying a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed; Page 12 of 20 024 H. The event consists of a parade that will not move from its point of origin to its point of termination in three (3) hours or less; I. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right -of -way to be occupied by the event; The event will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within; K. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class; L. The decorative material on parade floats is not fire resistive or flame retardant or motorized parade floats and towing apparatus are not provided with portable fire extinguisher readily accessible to the operator, as provided in the latest adopted edition of the Uniform Fire Code, or any similar provision in subsequent revisions of such code; M. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. 8 -8 -23: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. PERMIT CONDITONS 8- 8- 24:General Permit Conditions — Indemnification Agreement. Permittee will enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event in a form approved by the city attorney's office. Such agreement will be filed with the director before issuance of the permit. 8 -8 -25: General Permit Conditions — Liability Insurance. Page 13 of 20 0 25 A. Insurance Requirements. Permittee will obtain liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance will be based upon the size and nature of the event, the risks foreseeably involved, and will be in the amount prescribed by city council resolution or city policy. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000. B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than five (5) business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. C. Waiver of Insurance Requirements. The insurance required by this section must be waived by the director for any permit authorizing an event involving an exercise of free speech rights. 8- 8- 26:General Permit Conditions — Notice To Adjoining Property Owners. The permittee will attempt to notify all affected persons, by any reasonable means, regarding the event's nature, date, and time as specified by the director. Failure of the permittee to give such notice will not invalidate a permit. 8 -8 -27: Special Permit Conditions. A. Grounds for Special Permit Conditions. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements will not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation, the following: Assembly or disbanding area for a parade; Page 14 of 20 0 26 2. Accommodating an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, parking facility, or other public right -of -way; Avoiding substantial interference with public safety and/or emergency service access; 4. The number and type of vehicles, animals, or structures to be displayed or used in the event; Inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food sales, beverage sales, and/or or sale of other goods or services; 7. Provision and use of traffic cones and barricades; 8. Provision and operation of first aid stations or sanitary facilities, including handicap - accessible sanitary facilities; 9. Provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event; 10. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. The manner for providing notice of permit conditions to event participants; 12. Provision and use of emergency services ; 13. Alternate sites, times, dates or modes for exercising free speech rights; 14. Obtaining of any and all business licenses required by this code for the sale of food, beverage or other goods or services at the event; and Page 15 of 20 027 15. The manner of which alcohol sales and service, if any, will be conducted. 8-8-28: Subsequent Conditions. A. Grounds for Special Permit Subsequent Conditions. The director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. B. Notice of Special Permit Subsequent Conditions. Should subsequent conditions be required, the director will serve written notice on the permittee of this decision. When acting upon information obtained twenty-four (24) hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek administrative review of imposition of subsequent conditions to the city manager as provided in this chapter. The city manager's decision is a final determination. There will be no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There will be no right of city council appeal. 1. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within twenty -four (24) hours of receiving notice of such conditions and the event's purpose is for free speech. 2. The hearing will be at the city manager's office at 4:00 P.M. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. PERMIT REVOCATION /SUSPENSION 8-8-29: Permit Revocation. A. The director will revoke an event permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. Page 16 of 20 028 B. The director may revoke an event permit when the permittee or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director will immediately serve written notice of revocation on the permittee and will provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than twenty -four (24) hours before the event commenced, the director will announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice will be delivered after such action to the permittee and city manager. D. An applicant is entitled to an appeals hearing before the city manager provided 1. The applicant appeals the director's decision within twenty -four (24) hours of receiving notice of such conditions; and 2. The event is scheduled at least forty -eight (48) hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. 4. Content of Notices of Revocation. Any notification of action, whether oral or written, will describe with particularity the facts and the reasons for the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney's office. Page 17 of 20 ti29 8-8-30: Emergency Suspension of Authorized Event. The director and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants will immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within twenty -four (24) hours after the suspension, citing with particularity the facts and the reasons for the suspension. CONDUCT OF A PERMITTED EVENT 8 -8 -31: Cordoning Off the Route or Site of an Event. The director of public works, or designee, is authorized and directed to establish traffic and crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the route or site of an event. In addition, the director of public works, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. 8 -8 -32: Public Conduct during an Authorized Event. A. Interference with Event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in such event. B. Driving Through the Site of Parade or Athletic Event. It is unlawful to drive a vehicle between vehicles or persons traversing the route of a parade or athletic event authorized by a permit when such vehicles or persons are in motion. C. Prohibited Parking. It is unlawful to park along or within any portion of the route or site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." SECTION 3. Repeal of any provision of the El Segundo Municipal Code 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 full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 18 of 20 03 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: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED AND ADOPTED this day of 2003. Mike Gordon, Mayor Page 19 of 20 031 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 , 2003, 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 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk ...ral � /fir; IS 'Karl H. Berger Assistant City Page 20 of 20 o3" ORDINANCE AN ORDINANCE ADDING A NEW CHAPTER 8 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES," AND CONSISTING OF SECTIONS 9 -8 -010 TO 9 -8 -360. The city council of the city of El Segundo does ordain as follows: SECTION 1: A new Chapter 8, entitled "Permits Authorizing Events Conducted in City Parks and Facilities" and consisting of §§ 9 -8 -010 to 9 -8 -360, is added to Title 9 of the El Segundo Municipal Code (`SSMC ") to read as follows: "Chapter 8 PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES 9 -8 -010: Purpose. This chapter is adopted for the purpose of regulating public events conducted in city parks and facilities that are operated and maintained by the city recreation and parks department. This chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public's use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this chapter is intended to require any person or organization sponsoring or conducting an event to compensate the general public for all costs incurred in connection with operating and maintaining the parks or park facilities reasonably attributable to that event. 9 -8 -020: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Basic rate" means the fee established by city council resolution for using park property or facilities. The basic rate is based on a fair share of that part of the overall cost of operating and maintaining the city's parks and facilities reasonably attributable to a permittee's use of city park facilities. B. "City Manager" means the city manager or designee. C. "Director" means the recreation and parks director, or designee. D. "Event" means any of the following: Page 1 of 17 1:x33 Any activity in a park that is planned for, or carried out in a manner to attract, more than 100 people to attend or participate in the activity; Any activity in which the persons participating in or viewing the activity are charged a fee or solicited for donations; Any activity which includes the sale of food, beverages or merchandise, and/or the rental of equipment or other things; and 4. Any activity where the nature of the activity necessitates reservation of a park, or portion thereof, before the activity for the applicant's exclusive use or where a permit applicant otherwise seeks to reserve a park, or portion thereof, before the activity for the applicant's exclusive use. E. "Event" does not mean any of the following: 1. Any activity conducted in a park or portion of such park that is sponsored or carried out by another public agency, a private organization, or an individual pursuant to a lease or other agreement between the city and such public agency, private organization, or individual; 2. Filming at a park where the person filming possesses a filming permit issued pursuant to this Code; and 3. Special events that use a park where the person conducting or sponsoring the special event possesses a special event permit issued pursuant to this Code. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event. G. "In writing" means a telegram, facsimile, or any other written document. H. "Park" means any city park or park facility operated or maintained by the recreation and parks department including, without limitation, baseball fields and playgrounds, but does not include golf courses. "Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. 9 -8 -030: Administration by recreation and parks director. The city's recreation and parks director is authorized to receive applications, issue and revoke permits, and otherwise implement this chapter. Page 2 of 17 X34 9 -8 -040: Permit required. Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued by the director pursuant to this chapter. 9 -8 -050: Notices. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class U.S. Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 9 -8 -060: Establishing fees. All fees applicable to this chapter including, without limitation, the basic rate, are established by city council resolution. 9 -8 -070: Application fee. Applications for a permit authorizing an event in a park must be accompanied by an application fee based on the estimated administrative costs incurred by the city for processing applications and issuing permits. 9 -8 -080: Free speech events. The director must waive any fee required by this chapter for any permit authorizing a free speech event upon proof of the applicant's inability to pay, which must be supported by a financial declaration. 9 -8 -090: Basic rate. A condition of issuing a permit is that the permittee pay the city the basic rate as follows: A. Category 1 permittees do not pay the basic rate. Permittees in this category are individuals who reside within the city using parks for personal use (but not for profit) or non - profit organizations with a primary place of business within the city's jurisdiction. Non - profit organizations must provide evidence of their status to the director's satisfaction. Examples of such evidence include, without limitation, articles of incorporation, by -laws, or proof of Internal Revenue Code § 501(c)(3) status. Non -profit organizations may use parks for fundraising activities which will not be considered a for profit event. B. Category 2 permittees pay the basic rate. Permittees in this category are commercial businesses with a primary place of business within the city's jurisdiction. C. Category 3 permittees pay the basic rate plus ten dollars ($10) or such other Page 3 of 17 035 amount as may be determined by the director as authorized by council resolution. Permittees in this category include non - resident individuals and non -profit organizations with a primary place of business outside the city's jurisdiction. D. Category 4 permittees pay the basic rate plus an amount determined by the director as authorized by council resolution. Permittees in this category are commercial businesses with a primary place of business outside the city's jurisdiction. E. Category 5 permittees pay the full basic rate plus 25 percent of gross receipts or a negotiated flat fee. Included in this category are permittees, whether located inside or outside the city's jurisdiction, using parks commercially and for financial gain. In determining whether an event is commercial and for financial gain, the director may rely upon any reasonable evidence including, without limitation, advertisements, documentation of entrance fees, or requests to restrict public access to the event. 9 -8 -100: Additional use fee. A condition of issuing a permit is that the permittee must pay the city additional park use fees equal to the city's total estimated cost for providing city personnel and/or equipment, if any, needed to monitor an event or otherwise provide city services for, or in connection with, the event. These fees will be determined by the director based on the estimate of the police chief, fire chief, and/or director as to the number and hours of employment of city personnel necessary to control the event or otherwise provide city services for or in connection with such event. 9 -8 -110: Time for depositing fees. A permit is not valid unless, in addition to the other conditions contained in this chapter, the permittee pays all additional use fees to the city within five (5) business days after a permit is issued. 9 -8 -120: Refunds. A. The director will refund all fees submitted pursuant to this chapter, except for the application fee, if a permittee cancels a permit more than ten business days before the date of an event. B. If a permittee cancels a permit less than ten business days before the event, the director will refund fifty (50 %) the basic rate fees and all other fees excluding the initial application fee and any fees for cancelled services such as security, police or insurance incurred by the city. 9 -8 -130: Applications - Time requirements. A. Except as provided in this chapter, completed applications for a permit authorizing an event must be filed in the director's office at least: Page 4 of 17 ���36 Sixty days before the date of such event to ensure administrative review and city council appeal; 2. Twenty business days before the date of such event, in which case the opportunity for a city council appeal is deemed waived; or A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than twenty days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a pen-nit authorizing an event will be denied, approved, or conditionally approved by the director within seven business days after receiving the completed application. Following his/her decision, the director must promptly attempt to notify the applicant orally, and will provide written notification to the applicant. C. Unless otherwise provided, the director must receive the applicant's acceptance of the approval or conditional approval within five business days after the applicant was served with notification of the decision. Failure to receive actual notice does not invalidate the permit. 9 -8 -140: Applications for Free speech event — Time Requirements. A. Completed applications for a permit authorizing a free speech event must be filed in the director's office at least: 1. Thirty -five days before the date of such event to ensure administrative review and city council appeal; 2. Two business days before the date of such event in which case the opportunity for a city council appeal is deemed waived; or A time period less than two business days before the date of such event upon good cause shown. Applications will not be accepted less than 24 hours before an event. B. Completed applications will be denied, approved, or conditionally approved by the director within one business day after receiving the application. The director must promptly attempt to notify the applicant orally, and provide written notification to the applicant and director. Such notice must provide detailed facts and reasons for any denial or conditional approval. The director must consult Page 5 of 17 03 with the city attorney before denying, or specially conditioning, a permit for a free speech event. C. The director must receive applicant's acceptance of the approval or conditional approval at least 24 hours before the event. Failure to accept the director `s decision or to timely file an administrative review request is deemed a withdrawal of the application. 9 -8 -150: Application form and content. Permit applications will be in a form prescribed by the director and contain all of the following information: A. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; B. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and, if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; C. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; D. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; E. The nature of the event; F. The proposed date and estimated starting and ending time of the event, including assembly and removal; G. The proposed location of the event, including its boundaries and activity locations; H. The estimated number of participants in the event; I. Unless the use is prohibited by this code, the type and estimated number of vehicles, animals and/or structures that will be used in the event; A description of any sound amplification equipment to be employed at the event; K. The number, size, and material of construction of any signs or banners to be used in the event; L. The event's parking requirements; Page 6 of 17 038 M. The location of any water, first aid, or comfort stations to be provided at the event; N. The type and number of any vendors who will sell or prepare food, beverages or other goods or services at the event for which a business license is required by this code; O. Whether alcohol will be served at the event; and P. The type of entertainment. 9 -8 -160: Supplemental information required by the director. In addition to the information required this chapter, applications for all permits authorizing an event must include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit. 9 -8 -170: Action on permit application -- Review by city officers. A. After an event permit application is filed, the director will promptly forward the application to directors, or designees (collectively "reviewing officers "), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: I. The fire chief, 2. The police chief; and/or 3. The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: Any special conditions for a permit; 2. Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and 3. Any additional recommendations. Page 7 of 17 C. The reviewing officers should complete their review before when the director must make a decision on the application. 9 -8 -180: Permit issuance. A. The director must issue a permit if The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and The applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public safety, and/or welfare. 9 -8 -190: Permit denial. A permit may be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director ; C. Information submitted by the applicant is materially false; D. The event's time and/or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site of the event; E. The concentration of persons, animals, and/or vehicles at the event prevents public safety and/or emergency services from reaching areas at or contiguous to the event; F. The size of the event will overextend public safety and/or emergency services to the extent that the safety of event participants, attendees, and/or the remainder of the city will be seriously jeopardized; provided, however, that this does not authorize denying a permit because of the need to protect participants from the conduct of others; G. The location of the event will substantially interfere with previously scheduled construction or maintenance work at the event site; Page 8of17 1_; 4 0 H. The application was not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein; I. The proposed event conflicts or interferes with an event previously permitted, or about to be permitted, for the same location, date, and time; or The nature or size of the event threatens to cause significant damage to a park or Park property, including, without limitation, landscaping or natural vegetation; provided, however, this does not authorize denying a permit because of threatened damage to a park or park property caused by the actions of persons not conducting such event. 9 -8 -200: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. 9 -8 -210: Notice of denial. Where the director denies a permit, the director will serve notice to the applicant and provide copies to the city attorney. 9 -8 -220: Indemnification agreement. Permittees must enter into a hold harmless agreement, in a form approved by the city attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event. Such an agreement will be filed with the director before a permit is issued. 9 -8 -230: Liability insurance. A. Insurance requirements. Except as otherwise provided by this chapter, permittees must obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than ,A:VII.,, Such insurance must provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. The amount of such insurance will be based upon the city's insurance guidelines and reflect the size and nature of the event and the risks foreseeably involved. Such insurance will name the city and the city's officers, employees, and agents as additional insureds under the coverage afforded. In addition, such insurance must be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00. Page 9 of 17 !;n. B. Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than ten business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. 9 -8 -240: Waiver of insurance requirements. The insurance required by this section must be waived by the director for a free speech permit. 9 -8 -250: Special permit conditions. A. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements are not imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation: Accommodating an event's pedestrian and vehicular traffic, including restriction of events to a particular park; 2. Avoiding substantial interference with public safety and/or emergency service access; 3. Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 4. Having city personnel inspecting and approving stages, booths, and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; Providing the city a security deposit for repair and/or additional maintenance if the event uses structures, displays or uses large animals, operates water stations, food sales, beverage sales, and/or sales of other goods or services; 6. Providing and using traffic cones and barricades; Providing and operating first aid stations or sanitary facilities, including sanitary facilities accessible to the disabled; Page 10 of 17 U42 8. Providing and using garbage containers, and cleaning and restoring the event site upon termination of the event; 9• Using sound amplification equipment, and restricting the amount of noise generated by motors and other equipment used in the course of the event; 10. The manner for providing notice of permit conditions to event participants; 11. Providing and using emergency services; 12. Obtaining any and all licenses or permits required by this Code or California law for the sale or distribution of food, beverages, or other goods or services at the event, including, without limitation, a valid health permit as required by California Health and Safety Code § 113920, and any successor statute or regulation, if food is distributed to the public more than three days in any 90 -day period; 13. Providing electricity, gas, and water for the event; 14. Providing signage and barricades that may be necessary to avoid conflicts between persons participating in the event and other persons using the park in and around the site of the event or which may be necessary to protect the park, landscaping, or natural vegetation in and around site of the event; 15. Providing monitors and security personnel that may be necessary to safely carry out the event; 16. Permitting access the site of the event through park gates at times when gates are normally closed in order to prepare for an event or to clean up and remove equipment and structures at the conclusion of the event; 17. Permitting Overnight camping by persons engaged in preparing for the event or providing overnight security for equipment and structures utilized in such event; and 18. Providing for the manner in which alcohol sales and service, if any, are conducted. 9 -8 -260: Subsequent conditions. A. The director may add additional conditions to previously issued permits upon leaming or discovering facts not previously disclosed or reasonably discoverable. Page 11 of 17 ; -i n �) B. Should subsequent conditions be required, the director must serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the director as provided in this chapter. The city manager's decision is a final determination. There is no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There is no right of city council appeal. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within 24 hours of receiving notice of such conditions and the event's purpose is for free speech. The hearing will be at the city manager's office at 4:00 p.m. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. 9-8-270: Right of administrative review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 9 -8 -280: Time for administrative review. A. Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the director's decision is served on the applicant/permittee. B. If the request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 9 -8 -290: Commencement of administrative review. A request for administrative review must be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; Page 12 of 17 X14 B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director 9 -8 -300: Administrative review. A. Upon request for administrative review being filed, the director must promptly provide a copy of the notice to the city manager. B. Upon receiving a request for review from the director, the city manager must review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that: I • The director's decision is affirmed; 2. The director's decision is modified; 3. The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day at 4:00 p.m. at the city manager's office. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 9 -8 -310: City council appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten days of that decision as provided elsewhere in this Code or by city policy and procedure. 9 -8 -320: Free speech events. A. The applicant may seek, in writing, administrative review by the city manager within one business day of the director's oral or written notification, whichever is first, of a denial, revocation, or subsequent conditioning. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the Parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 p.m. in the city manager's office. The city manager may issue a decision orally at the conclusion of the hearing, but must Page 13 of 17 notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. B. The city manager's decision: 1 • Is a final determination without right to city council appeal if applicant waived the applicant's right to city council chapter; appeal as provided in this 2• If the right to city council appeal is not waived, may be appealed to the city council in writing within two business days of either oral or written notification of the city manager's decision, whichever is first. C. Applicant will be deemed to have waived administrative review rights should the applicant fail to: I • File a completed application at least two days before an event; 2. Seek review of the director's decision; or Attend the administrative hearing personally or through an authorized representative. 9 -8 -330: Permit revocation. A. The director may revoke a permit upon learning or discovering facts requiring Permit denial not previously disclosed or reasonably discoverable. B. The director may revoke an event permit when the permittee and/or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than 24 hours before the event commences, the director must announce such action to the event Participants, to those city officers and employees monitoring or controlling traffic Page 14 of 17 s��4F; during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice must be delivered after such action to the permittee and director. D. An applicant is entitled to an appeals hearing before the city manager provided: The applicant appeals the director's decision within 24 hours of receiving notice of such conditions; and 2. The event is scheduled at least 48 hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 p.m. the day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant, and the director in writing of the city manager's decision. E. The city manager's decision is a final determination. There is no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney. 9 -8 -340: Emergency suspension of event. The director and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants must immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension. 9 -8 -350: Cordoning off the site of an event. The city manager, or designee, is authorized and directed to establish traffic and/or crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the site of an event. In addition, the city manager, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the site of the event. 9 -8 -360: Public conduct during events. A. Interference with event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal, or vehicle participating or used in such event. Page 15 of 17 047 B. Prohibited parking. It is unlawful to park vehicles along or within any portion of the site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." 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 affe the effectiveness of the remaining provisions or applications and, to this end, the provisions ct ct 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. SECTION4: This Ordinance becomes effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this _ day of 2003. Mike Gordon, Mayor Page 16 of 17 5A8 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 2003, and was du] adopted y y approved and signed by the Mayor, and attested to by the C tydClerk,a at a reguCitmeeo cof said Council held on the day of and adopted by the following vote: 2003, and the same was so passed AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clcrk APPROVED AS Mark D. Hensler$ M Karl H. E Assistant Page 17 of 17 r)4 c, WI N W C m W �OONf N I� j w N O U W LL w z LL d3V 0 z N W ZO OO Oil( m?9 t- z 00 i �eC LLuY'o� WSQim SFgu i maia 11z-» 2�aLL'�0N4>Ny�2 _U'N y�� >�uuWWJjgULL yjy t9NN LL OLL 33yy Z❑Cal mOp�ZtLLw�Zp�U z z z z u v vwi rc^ w rc 6? g 8 ti_❑ wdF xoorczuLL°]dPaaywy ggG �wua�g�Z N OFN ❑LLaaioi d t3?u 38w3 6 'uLLSo N S $ gm 6 `o E � o S 3 na o @ F m 9 m W o �- gWCm_ ULLEU O O F Z w00 8 5 a A a m m E qz m c a Z' b E e ❑ m S '&4 N L 5 E � m o a < W I f 2 O J a F N Y U W U 0 a n o° h E E a E m o m co ,`Q m $U `uS n c n m� n E 2 U E , a° tt 1 C LL A w N QQU a Z s LL O c U ❑ Q yS � n a LL WO F Z � C� OLL CNNN N a 6ppm of €� Zr m m� o m m�E�q a1 w0 LL $ )O $QF �1 m n &\� r °o $`c o p ry 3 p as < m W �OONf N I� j w N O U W LL w z LL d3V 0 z N W ZO OO Oil( m?9 t- z 00 i �eC LLuY'o� WSQim SFgu i maia 11z-» 2�aLL'�0N4>Ny�2 _U'N y�� >�uuWWJjgULL yjy t9NN LL OLL 33yy Z❑Cal mOp�ZtLLw�Zp�U z z z z u v vwi rc^ w rc 6? g 8 ti_❑ wdF xoorczuLL°]dPaaywy ggG �wua�g�Z N OFN ❑LLaaioi d t3?u 38w3 6 'uLLSo N S $ gm 6 `o E � o S 3 na o @ F m 9 m W o �- gWCm_ ULLEU O O F Z w00 8 5 a A a m m E qz m c a Z' b E e ❑ m S '&4 N L 5 E � m o a < W I f 2 O J a F N Y U W U 0 a n o° h E E a E m o m co ,`Q m $U `uS n c n m� n E 2 U E , a° tt 1 C LL 2 ( ) 5 w QQU m � Z m u�om c U ❑ yS � n bN`mo mm a C� CNNN N a 6ppm of €� o m m�E�q a1 $ �1 m n &\� r °o $`c o C nm Knc2 @.� y N U m mcp o EmE Z1 � c E � O O � II n V W W m = ❑ O 2 ( ) 5 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/25/2003 THROUGH 5/9/2003 Date Payee Amount Description 4/24/03 Employment Development 32,514.77 State Taxes PR PR 22 4/24/03 IRS 179,103.29 Federal Taxes PR 22 4/24/03 Pitney Bowes 30,000.00 Postage machine 4/28/03 Federal Reserve 150.00 Employee Savings Bonds EE 4/28/03 Federal Reserve 300.00 Employee Savings Bonds 1 4/29/03 PGC El Segundo LLC 31,007.30 Golf Course Payroll Transfer 4/29/03 Siemen's Credit Corp 44,837.50 Quarterly Energy Payment 5/6/02 Health Comp 2,132.59 Weekly claims 4/25 5/8/03 Health Comp 1,800.15 Weekly claims 5/2 5/8/03 Employment Development 36,850.54 State Taxes PR PR 23 5/8/03 3/27/03 IRS Workers Comp Activity -Adj 198,107.18 Federal Taxes PR 23 4/17 - 5/9/03 Workers Comp Activity 454.09 38,583.98 ICRMA check issued SCRMA checks issued 595,841.39 DATE OF RATIFICATION: 5/20/03 TOTAL PAYMENTS BY WIRE: 595,84139 Certified as to the accuracy of the wire transfers by: �'— P"� -`�F �l'l�� vepu ire surer Date Director of Administrati a Service Date 7 ` City Mana er Date C7, Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 051 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY MAY 6, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:05 p.m. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Arrived at 5:10 p.m. Council Member Wernick - Arrived at 5:10 p.m. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 5 matters. Schwartz v. City of El Segundo, LASC No. YC044253 Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 Corbett v. Premier Golf Centers, LASC No. YC046046 Muro v. City of El Segundo, WCAB No. MON0298167 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 1 matter Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 1 0 52 3 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 6, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick PRESENTATIONS — (a) Council Member Wernick presented a Proclamation proclaiming the month of May as Older Americans Month and June Sodaro, the 2003 El Segundo Senior Citizen of the Year and inviting the community to participate in Elderfest on May 17, 2003 from 11:00 a.m. to 1:30 p.m. (b) Council Member McDowell presented a Commendation to the El Segundo Eagles Ice Hockey Team for winning the 2003 California State Championship. (b) Mayor ProTem Jacobs presented a proclamation to Fire Chief Norm Angelo and Police Chief Jack Wayt proclaiming Saturday, May 10, 2003 as El Segundo Fire and Police Service Day and inviting the community to participate in the joint Open House from 10:30 a.m. to 2:00 p.m. (d) 1) Council Member Gaines presented Commendations to El Segundo Police Lieutenant Craig Cleary; Los Angeles Sheriffs Homicide Division Investigators Kevin Lowe and Dan McElderry; Retired Los Angeles County Deputy Sheriff Howard Speaks; Don Keir and Dale Falicon of the Los Angeles Sheriffs Department Crime Lab; and Deputy District Attorney Darren Levine for their respective participation in the resolution of the 45 -1/2 year murder of El Segundo Police Officers Richard Phillips and Milton Curtis. 2) Presentation by families of Officers Phillips and Curtis to the El Segundo Police Department and to L.A. County. Council Member Gaines left the dias at 7:40 P.M. (e) Presentation by El Segundo Police Sgt. Carlos Mendoza and Officer Calvin Smith on the Every 15 Minutes program to be held at the El Segundo High School on May 15- 16, 2003. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 2 053 ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Peggy Tyrell, resident, spoke on item one on the agenda, concerning the Air Force Base retention matters. Joe Brandon, resident, spoke on item one on the agenda, and item eleven on the consent agenda, both concerning the Air Force Base retention matters. Council Member Gaines returned to the dias at 7:57 p.m. Liz Garnholz, resident, spoke in opposition to giving land to Hawthorne without receiving any compensation and in opposition to Hawthorne's Redevelopment Agency. Stated that Redevelopment Agencies are to the advantage of the developers and contribute to unscrupulous Politicians. She further stated her opposition to items one and eleven on the agenda. ra L PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to read all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 SPECIAL ORDERS OF BUSINESS UNFINISHED BUSINESS Consideration and possible action regarding a proposed ordinance to allow the City of Hawthorne to analyze the inclusion of Area B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of financing mechanisms for the LAAFB modernization project. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 3 (1'5 4 Mary Strenn, City Manager, gave a report. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY OF EL SEGUNDO AUTHORIZING THE CITY OF HAWTHORNE TO UNDERTAKE THE REDEVELOPMENT OF CERTAIN REAL PROPERTY CURRENTLY LOCATED IN THE CITY OF EL SEGUNDO AND COMMONLY REFERRED TO AS AREA B OF THE LOS ANGELS AIR FORCE BASE. Mayor ProTem Jacobs introduced the Ordinance. 2. Consideration and possible action to terminate current Lease No. 666 between the City and the El Segundo Boy Scout Association and approve in concept a replacement lease between the two parties. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to authorize the Mayor to send the attached correspondence, dated May 6, 2003, to the El Segundo Scout Association communicating the City Council's decision to terminate the current lease between the City and the Boy Scouts; approve in concept a replacement lease between the City and the Boy Scouts; authorize staff to negotiate with the Boy Scouts to complete a long -term lease. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. 3. Approved Warrant Numbers 2532826 to 2533284 on Register No. 14 in the total amount of $1,806,161.94 and Wire Transfers from 4/5/2003 through 4/25/2003 in the total amount of $942,215.81. 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. 4. Approved City Council Meeting Minutes of April 15, 2003. 5. PULLED BY COUNCIL MEMBER WERNICK FOR DISCUSSION MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 4 t.ii)a/ 6. Declared vehicles, equipment and miscellaneous supplies surplus including unclaimed Police property and authorized the Risk Manager /Purchasing Agent to surplus including unclaimed Police property and authorized the Risk Manager /Purchasing Agent to sell items at auction or for scrap, use as trade -in on new equipment/supplies, or other wise dispose of at his discretion, subject to Administrative Services Director approval. 7. Authorized issuance of purchase order to Communications Specialties Corporation for FY 2002 -2003 for goods to assist in the data center connection from City Hall to Recreation Park. (Fiscal Impact $30,000). 3. Authorized the City Manager to execute first amendment to Agreement No. 3105 with NOROC in an amount not to exceed $57,400 to provide professional services assisting with various technology projects. (This is within the existing budget authority.) 9. Approved the examination plan for the Personnel Merit System job classification of Fire Engineer. 10. Adopted Resolution No. 4307 supporting the restoration of funding to the Office of Military Support in the California Technology, Trade and Commerce Agency. 11. Adopted Ordinance No. 1360 to allow the City of Hawthorne to analyze the inclusion of Area A of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of detachment of Area A from El Segundo and annexation to Hawthorne, and financing of the LAAFB modernization project. 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 13. Approved $9,000 of funds designated for Downtown Merchant Assistance in the Community, Economic and Development Services (CEDS) budget to fund promotional wrap on a second transit bus for the Downtown El Segundo Lunchtime Shuttle Program. 14. PULLED FROM THE AGENDA BY CITY MANGER MARY STRENN Consideration and possible action regarding adoption of plans and specifications for the installation of fiber optic fiber between Recreation Park facilities and City Hall and installation of telephone main points of entry at Recreation Park — Project No. PW 03- 12 — (Estimated cost = $15,000). 15. Adopted plans and specifications for the 2002 -2003 Annual Contract for Curb and Sidewalk Repair — Project No. PW 03 -07 (Estimated Cost $50,000). Authorized staff to advertise the project for receipt of construction bids. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 5 055, 16. Adopted plans and specifications for 2002 -2003 slurry seal of various streets — Approved Capital Improvement Program — Project No. PW 03 -06 (Estimated Cost $150,000). Authorized staff to advertise the project for receipt of construction bids. 17. Adopted plans and specifications for the lining of sanitary sewer access structures at various locations on this City -wide project — Project No. PW 03 -11- Approved Capital Improvement Program (Estimated Cost $70,000). Authorized staff to advertise the project for receipt of construction bids. 18. Approved First Amendment to Agreement No. 2897 with AKM Consulting Engineers for professional services to prepare a Water Rate Study (Fiscal Impact $49,000). Authorized the City Manager to sign the Amendment. 19. Awarded Contract No. 3167 to Steiny and Company for installation of electrical street lighting conduits at the Nash Street/Park Place intersection — Approved Capital Improvement Program — PW 03 -10 (Contract Amount $7,614). Authorized the City Manager to execute the contract on behalf of the City. 20. Approved Second Amendment to Agreement No. 2876 between the City of El Segundo and the Parsons Transportation Group for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (Estimated Cost $122,096). Authorized the City Manager to execute the second amendment on behalf of the City. 21. Approved a three (3) year Agreement No. 3168 with Nationwide Environmental Services, a division of Joe's Sweeping, Inc., for street sweeping purposes with a three (3) year extension option after price negotiations. (Fiscal Impact $430,100 for three (3) years) Authorized the City Manager to execute the agreement in a form approved by the City Attorney. 22. Awarded Contract No. 3169 to Cora Constructors the lowest responsible bidder for reconstruction of Storm Water Pump Station No. 16, located at 408 Eucalyptus Drive — Approved Capital Improvement Program — Project No. PW 03 -01 (Contract Amount $1,136,428). Authorized the City Manager to execute the construction contract on behalf of the City. Authorized: a) $53,640 for optional bid items 1 and 2; b) $150,000 for construction inspection; c) $110,000 for construction contingencies. 23. Awarded Contract No. 3170 for production of the 2003 4`h of July fireworks show to Pyro - Spectaculars. Authorized the City Manager to execute the contract. 24. Received and Filed report regarding the submission of a grant proposal to the County of Los Angeles Office of Emergency Management (OEM) and the Office of Justice Programs under the State Domestic Preparedness Equipment Program. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 6 f 1� l 25. Authorized the City Manager to accept a grant award in the amount totaling $21,285 from the FY 2001 State Domestic Preparedness Equipment Program, waived the formal budding process per the Municipal Code and authorized staff to purchase radiation detection equipment from a single source vendor, Science Applications International Corporation (SAIC). 26. Approved request to utilize necessary City services to help with the Police /Fire Department's facilitation of activities related to the "Every 15 Minutes" program. MOVED by Council Member Gaines SECONDED by Council Member McDowell to approve consent agenda items 3, 4, 6, 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26. MOTION PASSED. 5/0. MAYOR PRO TEM JACOBS ABSTAINING ON ITEM 13 DUE TO A POTENTIAL CONFLICT REGARDING REAL PROPERTY INTERESTS. CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action regarding the formation of an ad -hoc City Council subcommittee for 120 days that will examine new purchasing bid levels, Professional Service Agreements, and declaring of surplus property. MOVED, by Council Member Wernick, SECONDED by Council Member McDowell to appoint Council Members McDowell and Gaines to service on an ad -hoc City Council subcommittee comprised of two Council Members for a period of not to exceed 120 days that will examine new purchasing bid levels, Professional Service Agreements, and declaring of surplus property. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 12. Consideration and possible action regarding adoption of an ordinance amending the El Segundo Municipal Code § §15 -21 -6 and 15 -21 -7 affecting floor area ratios for non - conforming buildings and uses. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Ordinance No. 1359 amending the El Segundo Municipal Code § §15 -21 -6 and 15 -21 -7 affecting floor area ratios for non - conforming buildings and uses. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS — 27. Consideration and possible action regarding approval of implementation of an alternative workweek schedule for City Hall and City facilities. Bret Plumlee, Director of Administrative Services, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 7 MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to approve staffs recommendation to implement a 9/80 alternative workweek schedule for City Hall and other City facilities. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS, JACOBS, MCDOWELL, AND WERNICK, NOES: COUNCIL MEMBER GAINES. 4/1 28. Consideration and possible action regarding the presentation of FY 2002 -2003 Midyear Financial Review and approval of FY 2003 -2004 Budget Calendar. Bret Plumlee, Director of Administrative Services, gave a report. Council consensus to receive and file the 2002 -2003 Midyear Financial presentation. Council directed staff to proceed with the FY 2003 -2004 Budget Calendar. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke about the Christmas tree lighting ceremony and requested staff to investigate lighting a live Christmas Tree in Library Park. Council Member Gaines — NONE Council Member Wernick — Spoke about the LAX Advisory Committee. Mayor Pro Tern Jacobs — Spoke about the Dodger game. Mayor Gordon — Thanked Floyd Carr for the Good Friday Breakfast. Attended the ribbon cutting for the Peace Corps recruitment office. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Joe Brandon, resident, spoke about the Air Force Base. MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 2003 PAGE NO. 8 050 Liz Garnholz, resident, spoke regarding the Air Force Base and the Area A and Area B property. ADJOURNMENT at 9:25 P.M. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6. 2003 PAGE NO. 9 t.,6{? EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding City co- sponsorship and the waiver of fees for a charitable event known as "Keep LA Running ", a 5k Walk/Run and 10K Run to be held on July 13, 2003 from 8 AM until noon. 1. Approve City co- sponsorship of the nonprofit event, "Keep LA Running "; 2. Consider waiving City fees in the amount of $5,700 3. Alternatively discuss and take other action related to this item. "Keep LA Running" is a non - profit, 501 (c) (3) charitable organization which sponsors a 5k Walk/Run and 10k Run. The Run benefits several different charities including the El Segundo Education Foundation. The event was founded by the Service Employees International Union Local 660, Los Angeles County Employees which continues to assist with the event. The organizers have asked that City fees be waived in support of this nonprofit event. These fees include: street use at $750; Mariposa and Main parking lot use at $750; Library Park use at $1000; Police Department and Public Works Department staff time at $3,200 for a total of $5,683. This is the tenth anniversary of the event but the first year that it will be held in El Segundo. Organizers hope to attract 1,500 participants this year, many of whom will be visiting El Segundo for the first time. A variety of activities before and after the race will bring economic benefits to City businesses. A kick -off dinner will be held at a local restaurant and runners will be referred to local establishments for breakfast the morning of the race. Following the race, a barbeque will be held at Library Park featuring a small, contained beer garden on Richmond Street. The nonprofit sponsor will obtain all required licenses. They will be required to complete a special events permit application and provide indemnification. A map of the racecourse, which has been reviewed and approved by City Departments and the Los Angeles County Department of Transportation, is shown on Attachment A. El Segundo residents, whose access will be affected by street closures, will be notified prior to the race. ATTACHED SUPPORTING DOCUMENTS: Attachment A — Map of Race Course for "Keep LA Running' Attachment B - Letter from "Keep LA Running' race director, Walt Walston FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: C)" Lee Ostendorf REVII�ED BY•, N/A $5,700 (waiver of fees) Various revenue accounts N/A _Yes X No Events Mary Stream City Manager 1y L0O3 DATE: 5y/, 4 1; 61 KEEP LA RUNNING July 13, 2003 Course Description The event to be held in the City of El Segundo and the City of Los Angeles. 7:30 am... Start of the Coastal Bike Cruise (The bike cruise will use the 1 OK course as well as the LA County Beach bike path. (See IOK Course description) 8:00 am... Start of the 5K & l OK run... Start on Mariposa Ave. at the West pedestrian crosswalk of Main Street. Runners travel East on Mariposa Ave. to Kansas St. South on Kansas St. to El Segundo Blvd. West on El Segundo Blvd. to Virginia St. North on Virginia St. to Grand. (I OK turns West on Grand Ave. (See l OK description below) 5K runners continue North on Virginia St. to West Palm Ave. East on West Palm Ave. to the finish at Richmond St.. I OK runners turn West on Grand Ave. and follow Grand Ave. (using the westbound lanes) to Vista Del Mar. (we are now in the City of LA) North on Vista Del Mar, across Imperial Highway to make a U -turn and return to Imperial Highway. East on Imperial Highway to Main St. South on Main St. to Imperial Parkway West. West on Imperial Parkway to Virginia St. South on Virginia St. to West Palm. East on West Palm Ave. to the finish at Richmond St.. The last 5K runner / walker should be finished by 9 am. The I OK runners and bikers finished by 9:30 am. The Kiddie -K finished by 10:15 am. All city streets should be able to be opened to traffic as runners complete the course in those areas. 0 6? 0 a SIR 1� a rUCCA Fil 4 HILGCREST 8i ST c .`IIY. ��y �' HILLCRE T STS 72 g I = > y -- �'j _'I .q` I 500 4c ,L -- --�� lOFid 'VISTA $T8 L IV ST ST 4— - - -_' � > BAYOU! ST WHITING ST i 1 s 30 <s ^ = 8 IRGDNIA 8' ST / - I QO T a t w 1 OK ... :. ST -.� 8 RO i< < I R 400 500 PL�t 1 _l1j/' t Y' > RICIHOND Si RAIN Z 8 300 ST OR 8 m `' `�' MAN STAN R■D$ ''� ■ F 8 ST k 8 -§ PEPPERS - '�----- EUCA PTUS `K m OR ' E LYP m S_ i DR 1 — — - 1 m;.:, :�0 . A 500 T SHE ION G7 ST m SHE OON ST Si PENN 2 ST PEsa0 200 m T -- --- ----�__LL''v+ SI ST iF�R94 sawu" MC A7� PL ! E LOM A o-° _ ST '. LOMITA > �T 3� '� l� 00 L MARY D f"t ^ . < ST m MARY 1\0T` mg A i O BUNGAL PU r ^g�R to O ' y •� wu m BUN LOW y �� ^ Sao 400 CENTER �ST `s 1,. 100 @ CENTER _ ",',ST o-, , n,s I o n �l dORNIA c w $T 1 I,n'ir� yin o }i m +' 1VI 401 `gym `a' I> ' W T Su ■ WASH NGT $T� .r. ILLI IS ST > 1 N 1 INDI � ST MIS > INDIANA sau VEDA ■ N GTSEALVEDA8 30o BL - 650 BL D "00 a R I I I ' m y2 ^ g m E�Y V V ST LAIRPORT� �. m [RENTAL • BLVD yz w m y =, > y ORI �J �LLI '- 8 S 1 BLVD - N m I CO m dORNIA c w $T 1 I,n'ir� yin o }i m +' 1VI 401 `gym `a' I> ' W T Su ■ WASH NGT $T� .r. ILLI IS ST > 1 N 1 INDI � ST MIS > INDIANA sau VEDA ■ N GTSEALVEDA8 30o BL - 650 BL D "00 a R I I I ' m y2 ^ g m E�Y V V ST LAIRPORT� �. m [RENTAL • BLVD yz w m y =, > y 05/14/2003 13:49 13105359126 Keep L.A. RUN#V April 29, 2003 The Honorable Mayor Mike Gordon Members of the City Council The City of El Segundo, Calif. 350 Main Street El Segundo, CA 90245 WORLD CLASS SPORTS 10th Anniversary 'ING Dear Mayor Gordon and Members of the City Council: PAGE 01 On Sunday, July 13, 2003 we would like to stage the 10th annual Keep L.A. Running Run, Walk and Coastal Bike Cruise charity event in Downtown El Segundo. This event is a 501 (c) (3) charity. This annual fund raiser supports the El Segundo Education Foundation, the Rosa Parks Neonatal Intensive Care Unit at MLK Jr., Pediatric Oncology Unit, Women's and Children's Hospital, American Cancer Society, SEIU Local 660 LA County / Special Districts Employees Disaster Fund, the Breast/ Ovarian Cancer National Alliance. We invite the City of El Segundo to co- sponsor this event and waive all City fees associated with the Keep L.A. Running event. As a co- sponsor of this event, the City of El Segundo will have the City of El Segundo name /logo on race flyers, on race posters, and race T- shirts. The City of El Segundo will be mentioned in newspaper, radio, and TV advertising done on the event. We are asking the City of El Segundo to allow the use of Library Park for our staging area and for the use of the Indicated streets of El Segundo for our course. (Please see the attached proposed course map and course description) The Costal Bike Cruise will start at 7:30 am, with the 5K & 10K Run at 8 am. These events will start on Mariposa Ave., just West of Main Street. With the assistance of the El Segundo Police Department, we will operate the bike cruise and run as a "rolling closure" for street closures, (Traffic can flow just prior to the start of the events, and then, when MAY -14 -2003 11 :51 131053.59129 97 P.01 064 05/14/2003 13:49 13105359129 WORLD CLASS SPORTS PAGE 02 bikers or runners pass completely through an area, with police approval, that street or intersection is opened to traffic.) As the streets need to be safe for our participants, we are requesting the posting of "no Parking" signs on the residential streets of the course and the use of street closure devices (barricades and road cones) as needed. Parking would be on local streets. We are requesting the use of parking lots and the use of the El Segundo Shuttles to transport our participants to and from the venue. The Bike Cruise is a fun bike ride that will be 10 miles and 20 miles in length, and will use the 10K course plus some additional distance on the LA County beach bike path. We will notify residents of this event through letters distributed to each home or business along the route. Also, a course map and timeline will be submitted to The El Segundo Herald newspaper for publication. A part of the 10K course will be in the City of Los Angeles. We have had a meeting with LA Dept. of Transportation and the Pacific Division of LAPD for use of this part of the 10K course and have their full cooperation to work with the El Segundo Police for a safe event. The 5K & 10K course will be officially measured by a USA Track and Field official, thus making the event a "Sanctioned" run. This is a benefit to the City as now you can boast of having such a course and have this course available for any other run or walk in your city. We will cover this $1,000 expense. To add even more to the exciting morning, we will also have a City Historical Mural Walk using city sidewalks with walkers obeying pedestrian traffic rules. To enable us to Involve the entire family, at 10:00 am we will host a Kiddie -1K fun run. This would use West Palm Ave. from Main street to Virginia St., a street already closed for the run. To attract runners and local residents to the event, we will have a live band playing in Library Park from 8:00 am to noon, with event announcements between music sets. A health and fitness expo to include local businesses will be set up in the park, as well as food and drink booths with free fruit, bagels, and water for our participants and we can have a barbecue /pasta dinner. We are requesting permission to have a beer garden on Richmond Street, between Mariposa and Palm Ave. This would be set up to ABC standards, with proper fencing and a security guard at the gate to check ID's. Beer will only be allowed to be consumed within the fenced beer garden area. MAY -14 -2003 13 :51 13105359129 97 %: P.02 016 C1i EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Juvenile Diversion Project between the City of El Segundo and South Bay Youth Project ( South Bay Youth Project is sponsored by the City of Redondo Beach, a chartered municipal corporation) for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option for annual review and renewal not to exceed a total of three years. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement in a form approved by the City Attorney with South Bay Youth Project and authorize the Mayor to execute said Agreement; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 17, 2002, the El Segundo City Council approved the 2003 -2004 Community Development Block Grant (CDBG) Program and Budget, including the Juvenile Diversion Project. For over eight years, the Juvenile Diversion Project has annually provided approximately 400 counseling services hours, performed by licensed family therapists, to more than 20 emotionally and /or physically abused youth between the ages of 2 to 18 years old. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Scope of Services FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: ORIGINATED: $15,400 ($9,100 CDBG; $6,300 General Fund) N/A CDBG 111 - 2778 -6214 None Yes -2L No DATE: May 8, 2003 Hansen, Director of Mary Sr n, City Manager o� PAPlanning& Building Safety\ CDBG\ cdbg.ccmtg.sbyp.psa.5.20.03.doc 5 06r STAFF REPORT: 2003 BACKGROUND AND DISCUSSION (continued) 2 Since the Project's inception, South Bay Youth Project has been the City's service provider. South Bay Youth Project displays a consistent and proven track record in serving the youth of this community. South Bay Youth Project has met and /or exceeded its annual CDBG goals and, as a CDBG subrecipient, has successfully administered and implemented the federal programmatic and financial guidelines required under the program. A total of $15,400 in CDBG and General Funds have been approved and budgeted to support this project. PAPlanning & Building Saf ety\ CDBG\ cdbg.ccmtg.sbyp.psa.5.20.03.doc ; h f6 Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF REDONDO BEACH (THE SOUTH BAY YOUTH PROJECT) This AGREEMENT is entered into this day of , 20 , by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and the City of Redondo Beach, a chartered municipal corporation, ( REDONDO BEACH) acting as the sponsoring agency for THE SOUTH BAY YOUTH PROJECT (CONSULTANT). It is understood by the parties that the obligations performed under this Agreement by THE SOUTH BAY YOUTH PROJECT shall be performed by the City of Redondo Beach employees operating THE SOUTH BAY YOUTH PROJECT. 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed FIFTEEN THOUSAND, FOUR HUNDRED dollars ($15,400) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. CONSULTANT will utilize CITY Community Page 1 of 13 0 69 Development Block Grant (CDBG) funds to contract for counseling services for El Segundo Unified School District students for a three -year period beginning July 1, 2003 and ending June 30, 2006, and subject to annual review. The following services will be provided in accordance with the conditions herein set forth: 1. Identify "high -risk" students suspected of being victims of physical and/or emotional abuse; 2. Conduct initial assessments of high -risk youth and recommend appropriate counseling services; and/or 3. Refer high -risk youth to professional, bona -fide therapists for further consultation, if necessary and where appropriate. The above services must be provided to the City of El Segundo residents from households meeting verified low and moderate - income criteria as established by the Federal Housing and Urban Development Department (HUD) and the Los Angeles County Community Development Commission (COUNTY). At least 51% of the clients served must meet said low and moderate household income criteria and must be verified residents of the City of El Segundo. Residency information must be kept on all clients served under this program. However, the nature and condition under which this program will serve its clientele presumes that the program's recipients are principally low and moderate - income persons (i.e., abused children). HUD has determined that the following groups can generally be presumed to be of low or moderate income and, therefore, qualify for services provided with CDBG funds without proof of household income status: abused children, elderly persons, persons with AIDS, battered spouses, homeless persons, illiterate persons, and migrant farm workers. This presumption, however, may be challenged by CITY, COUNTY, or HUD should it be apparent that a substantial number of persons qualifying under these guidelines clearly do not meet low and moderate household income requirements. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required Of CONSULTANT by this Agreement. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any Page 2 of 13 0 7 u shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: 1• City and Consultant will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by City or Consultant at any time for the purpose of resolving a dispute. A determination by City's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then City's city manager, or designee, will make a final determination; Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. 6. PAYMENTS. Upon compliance with specified performance requirements, CITY shall reimburse THE SOUTH BAY YOUTH PROJECT an amount not to exceed $15,400 for the Fiscal Year 2003 -2004, which shall constitute full and complete satisfaction of the obligations under this Agreement. Annual compensation is based upon an allocation of both CDBG funds and City funds. Compensation paid in future years shall be based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any shall be conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, shall be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. Payments shall be made by CITY to THE SOUTH BAY YOUTH PROJECT in installments pursuant to the following: After services have been rendered by THE SOUTH BAY YOUTH PROJECT, a detailed invoice on forms mutually acceptable to both parties shall be submitted to CITY. CITY will then process payment to THE SOUTH BAY YOUTH PROJECT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to THE SOUTH BAY YOUTH PROJECT in the amount of the invoice as Page 3 of 13 071 approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i• Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending Performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement shall take effect on July 1, 2003 (the "Effective Date "), and shall continue until June 30, 2004, unless earlier terminated pursuant to the provisions hereof. The Agreement may be extended for two additional years at the discretion of the City. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 25 of this Agreement; and B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 4 of 13 U7 ti 11- PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 12. WAIVER. CITY's review or acceptance of or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. TERMINATION. C. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. D. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. E. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. F. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 2(C). G. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. H. By executing this document, CONSULTANT waives an y and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party, The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure th e breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached Page 5 of 13 073 have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement. 15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's Property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement. 16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 17. INDEMNIFICATION. A. CONSULTANT agrees to the following: L Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, Page 6 of 13 Gi 74 employees, agents, and representatives. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 25, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 18. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 19. INDEPENDENT CONTRACTOR CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract wi an th CITY. CONSULTANT is not agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvoe of Insurance Limits (combined single) Commercial general liability: Professional Liability Business automobile liability $1,000,000 Page 7 of 13 Workers compensation $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Form No. CG 00 O1 1185 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an `occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance will have the same coverage and limits as the Policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 0. 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish Page 8 of 13 076 all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). 1 Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 2. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. Page 9 of 13 74 F. It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /firms acting on behalf of the above named firm must comply with the County Code. Any person/entity /firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying firm, lobbyist e any other person or entity acting on behalf of the above n mployer or amed firm fails to comply with the provisions of the County Code. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while ,performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. The consultants listed in Exhibit `B" are hereby approved. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of Progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: JCITY CONSULTANT ames Hansen, Director of Community, Economic and Development Services Dan Smith, Executive Director City of El Segundo The South Bay Youth Project 350 Main Street 320 Knob Hill El Segundo, CA 90245 Redondo Beach, CA 90277 Phone: (310) 524 -2300 Phone: (310) 372 -7724 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting Page 10 of 13 () "I 8 from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any agreement will be in Los Angeles County. action involving this 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one 1 This Agreement will bind and inure to the benefit of the parties t tohthis tAgreem ntgrand any subsequent successors and assigns. 30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 32. AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. Page 11 of 13 079 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, a municipal corporation. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Karl H. Berger, Assistant City Attorney Page 12 of 13 Taxpayer ID No. EXHIBIT A THE SOUTH BAY YOUTH PROJECT will be paid at the rate of $40 per hour for counseling services rendered to "at -risk" children and youth in the City of El Segundo. Hours per month will vary according to the number of clients served and the number of visits (hours) required to complete the counseling needed. Clients usually attend a series of eight (8) counseling sessions, both individual and in a group with the family involved. Page 13 of 13 Name of Address: Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93 -0031 State: Zip Code: CERTIFICATION Phone No.: ( ) Date: EXHIBIT 23 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: 1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93- 0031)and; 2) That all persons/entities/firms acting on behalf of the above named fine have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying fum, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with -the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name: Signature: Title: Date: 082 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 20, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of the first Amendment to the Professional Services Agreement, Number 3027, to implement the Community Development Block Grant (CDBG) Home Delivered Meals Program between the City of El Segundo and Oldtimers Foundation, a California non - profit organization for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option to amend to extend through June 30, 2005. RECOMMENDED COUNCIL ACTION: 1. Approve Amendment Number 1 to the Professional Services Agreement with Oldtimers Foundation and authorize the City Manager to execute said Amendment; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On July 2, 2002, the El Segundo City Council approved a Professional Services Agreement (Number 3027) between the City of El Segundo and Oldtimers Foundation, a non - profit organization, to implement the City's federal Community Development Block Grant (CDBG) Program, Home Delivered Meals (HDM) Project. Pursuant to the terms of the Agreement, it may be extended for a period of up to two additional years, through June 30, 2005. The amendment will also serve to reduce the Oldtimers Foundation annual compensation from $16,000 paid in FY 2002 -2003 to $15,400 in FY 2003 -2004. The reduction is due to the City's decrease in its annual CDBG allocation for FY 2003 -2004. The City's homebound low and moderate income senior adults and severely disabled persons receive one hot meal with beverage Monday through Friday and one frozen meal for weekend consumption. Approximately 4,000 meals will be served annually to 30 persons. ATTACHED SUPPORTING DOCUMENTS: Draft Professional Services Agreement — Amendment One FISCAL IMPACT: Operating Budget: $15,400 Amount Requested: N/A Account Number: CDBG 111 - 2778 -6214 Project Phase: None Appropriation Required: Yes X No ORMED: DATE: May 8, 2003 J?(ine$ M. Hansen, Director of Community, Economic and Development Services WED BY: DATE: Mary S�, City Manager 5/�? PAPlanning & Building Safety\CDBG \cdbg.ccmtg.hdm.am=d 1.5.20.03.doc /E8,) 0 FIRST AMENDMENT TO AGREEMENT NO. 3027 BETWEEN THE CITY OF EL SEGUNDO AND OLDTIMERS FOUNDATION, A CALIFORNIA NON - PROFIT ORGANIZATION THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this first day of July 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and OLDTIIVIERS FOUNDATION, A CALIFORNIA NON - PROFIT ORGANIZATION ( "CONSULTANT "). 1. Pursuant to Agreement No. 3027 ( "Agreement "), the following Sections are amended to read as follows: "2. Term of Agreement. This Agreement takes effect on July 1, 2003 (the "Effective Date "), and continues until June 30, 2004, unless earlier terminated. The Agreement may be extended for an additional one (1) year at CITY's discretion." "4. Compensation. Total payment to CONSULTANT pursuant to this Agreement may not exceed fifteen thousand four hundred dollars ($15,400.00)." 2. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3027 remain the same. CITY OF EL SEGUNDO, OLDTIMERS FOUNDATION a general law city. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED Mark D. Hen By: ,.-/ / / arl H. Berger, Assistant Citvl MM Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93 -0031 CERTIFICATION Name of Firm: Date: Address. State: Zip Code: Phone No.: ( ) -� MIT 23 Acting on behalf of the above named firm, as its Authorized Official, I make the following tion Certifica to the County of Los Angeles and the Community Development Commission, County of Los Angeles: I) It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93- 0031)and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity /firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with -the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name Title: Signature: Date: EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an ordinance to allow the City of Hawthorne to analyze the inclusion of Area B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of financing mechanisms for the LAAFB modernization project. RECOMMENDED COUNCIL ACTION: 1) Second reading and adoption of Ordinance by title only; or, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 6, 2003, the City Council introduced an ordinance to permit the study of the inclusion of Area B (north east corner of El Segundo Boulevard /Douglas Street) of the LAAFB into the City of Hawthorne RDA District No. 2 to facilitate the study of possible funding mechanisms to help address the current funding gap in LAAFB modernization project. Area B is not proposed to be annexed by Hawthorne. The proposed Ordinance would not give final approval by the City for the inclusion of Area B in the Hawthorne RDA; it would merely allow for its study. The Council introduced the Ordinance and scheduled the second reading for May 20, 2003. The Ordinance is presented for a second reading and adoption. If adopted without change, the provisions will become effective in 30 days. ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: Yes X No UlKlUINA1 hU BY: DATE: (1 cz'a as,-- mes,M. Hansen. Director of BY: Economic and s //3/03 )ment Services DATE: P:\Planning & Building Safety\PROJECTS\ 576 - 599 \EA - 577 \RDA- AreaB.2nd.ais.doc 7 ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY OF EL SEGUNDO AUTHORIZING THE CITY OF HAWTHORNE TO UNDERTAKE THE REDEVELOPMENT OF CERTAIN REAL PROPERTY CURRENTLY LOCATED IN THE CITY OF EL SEGUNDO AND COMMONLY REFERRED TO AS AREA B OF THE LOS ANGELS AIR FORCE BASE. WHEREAS, that certain real property described on Exhibit A ( "Area B ") is currently located within the City of El Segundo and is the location of Los Angeles Air Force Base ( "LAAFB ") facilities; and WHEREAS, Area B is adjacent to a portion of the LAAFB which is known as Area A and which is proposed to be detached from the City of El Segundo and annexed to the City of Hawthorne; and WHEREAS, the LAAFB is home to several commands which encompass functions related to research and development and the procurement of military space systems; and WHEREAS, the Air Force has received congressional authorization to relocate the mission and support functions housed in the facilities on Area A of the LAAFB to state -of- the -art facilities to be construction in the City of El Segundo on Area B; and WHEREAS, the cost of construction of the new facilities on Area B is to be funded in part from the sale of Area A to a private developer and converted to private use; WHEREAS, having state -of- the -art facilities serves to promote the retention of the LAAFB; and WHEREAS, the LAAFB generates approximately 13,000 jobs and over $8 billion in annual contracts to area aerospace firms and is a vital part of the South Bay economy; and WHEREAS, the loss of the LAAFB facilities would have a significant adverse effect on the economy of the entire South Bay area and could harm local property tax values; and WHEREAS, it is in the public interest for the City of El Segundo to take all reasonable steps to help preserve jobs and local businesses that are dependent on the LAAFB; and 1 81 WHEREAS, in order to facilitate the conversion of Area A to private residential use, it is proposed that Area A be detached from the City of El Segundo and annexed by the City of Hawthorne; and WHEREAS, in order to facilitate the relocation of mission and support functions from Area A to Area B within the City of El Segundo and the conversion of Area A to private residential use within the City of Hawthorne, it has been proposed that Area B be studied for inclusion into the existing Hawthorne Redevelopment Project No. 2 by amendment of the Redevelopment Plan for that Redevelopment Project; and WHEREAS, the Community Redevelopment Law (Health & Safety Code §33213) permits the legislative body of a community to authorize by ordinance the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community; and WHEREAS, if so authorized, the adjacent community may undertake redevelopment of the area in all respects as if the area was within its territorial jurisdiction, provided that the redevelopment plan for the area must be approved by the city council granting such authority; and WHEREAS, pursuant to Health & Safety Code Section 33213, the City of El Segundo desires to authorize the City of Hawthorne to undertake redevelopment of Area B subject to the provisions of this Ordinance. NOW, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: 1. The City Council of the City of El Segundo hereby authorizes the redevelopment of Area B by the City of Hawthorne. The City of Hawthorne may undertake the redevelopment of Area B in all respects as if the area was within its territorial limits and its legislative body, redevelopment agency and planning commission shall have all rights, powers and privileges with respect to Area B as if it was within the territorial limits of the City of Hawthorne. 2. Except as set forth in paragraph 3, neither this City Council, nor the Planning Commission of the City of El Segundo shall be required to comply with any requirements of the Community Redevelopment Law with respect to the Amendment of Hawthorne Redevelopment Project No. 2 to include Area B. 3. An amendment to the Redevelopment Plan for the Hawthorne Redevelopment Project No. 2 adding Area B to the redevelopment project area shall not become effective unless and until it has been approved by ordinance of the City Council of the City of El Segundo. 2 4. With respect to paragraph 3, the City Council of the City of El Segundo will not consider adoption of the ordinance to add Area B to the Hawthorne Redevelopment Project No. 2 unless (i) the amendment to the Redevelopment Plan provides that the Redevelopment Plan for Area B shall not be amended without a subsequent ordinance of the City Council of the City of El Segundo, (ii) the City Council has adopted a resolution of application requesting that the Los Angeles County Local Agency Formation Commission approve detachment of Area A from the City of El Segundo for annexation to the City of Hawthorne and (iii) the City Council is satisfied that the reorganization of territory will occur and Area A will be developed for residential use. 5. Until an amendment to the Redevelopment Plan for the Hawthorne Redevelopment Project No. 2 adding Area B to the redevelopment project area has been approved by ordinance of the City Council of the City of El Segundo, the City of Hawthorne, the Redevelopment Agency of the City of Hawthorne and the Planning Commission of the City of Hawthorne shall only take those actions necessary to prepare, consider and approve such an amendment. PASSED, APPROVED AND ADOPTED this _ day of , 2003. Mike Gordon, Mayor 3 (_) 8 : j 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 , 2003, 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 , 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk Q 9 Ordinance No. EXHIBIT Los Angeles Air Force Base ® Area for inclusion in RDA 0 170 340 680 1,020 1,360 Feet N WE sl'�1 ¢ t� } f i �'• i 4u_S >�.�+ � A 1 � � ih1 � � H rt 1 t , �P- 288 28 , 242' �. a x m 424,{ L YA:'. t. ® Area for inclusion in RDA 0 170 340 680 1,020 1,360 Feet N WE sl'�1 ¢ t� f i �'• N6 A i2�� 4u_S >�.�+ � A �'tl � ih1 � � H 242' �. a x m 424,{ L YA:'. t. { Ai•A ji StNA {f _ r walk 51V, 1 ,. t� !.i a EI �v fp6�f iq l�.+«mn aih., x` •}t ' r +. -• Y YM , fY Y Y, �pi N 201; Y�•� 750 i t 140 � r ti X A NA M 215 1%} qM w �I'Vt Y1 yy� Yk^vS N� N row YL ® Area for inclusion in RDA 0 170 340 680 1,020 1,360 Feet N WE sl'�1 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the revised El Segundo Community Cable Policies, Procedures, and Guidelines. ACTION: Recommendation — (1) Approve the revised El Segundo Community Cable Policies, Procedures, and Guidelines as provided by the City Attorney; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In Order to update the document to current codes and modern language for programming guidelines, the City Attorney has revised certain sections of the existing El Segundo Community Cable Policies, Procedures, and Guidelines which has not been reviewed in several years. The Cable Advisory Committee approved the revisions at their 3/12/03 meeting. ATTACHED SUPPORTING DOCUMENTS: 1) "El Segundo Community Cable "Policies, Procedures, and Guidelines" FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: May 9, Debra Briahton, Library Director REVIEWED BY: , DATE: 8 r�� EL SEGUNDO COMMUNITY CABLE POLICIES, PROCEDURES AND GUIDELINES STATEMENT OF PURPOSE Pursuant to its franchise, Time Warner Cable owns and operates the cable system serving the City of El Segundo. Time Warner provides the City of El Segundo with cable channels to be used for community, educational and governmental programming; this programming is collectively known as El Segundo Community Cable (ESCC). The City Council is the governing body with the final authority to establish policies, procedures and guidelines for the operation of ESCC. II. ESTABLISHMENT OF EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE A. In order to advise the City Council concerning ESCC, the Council hereby establishes the El Segundo Community Cable Advisory Committee ( ESCCAC). The ESCCAC shall advise the City Council regarding ESCC. B. The ESCCAC shall consist of Five (5) members, serving staggered, Four (4) year terms. C. The ESCC members will be selected from interested residents of El Segundo. The ESCCAC members will be interviewed and appointed by the City Council. D. The ESCCAC shall comply with the Ralph M. Brown Act (California Government Code Section 54950 et seq.). III. FUNCTIONS OF THE COMMITTEE A. To foster the development of Community Programming of interest to El Segundo residents. To assess, review and make recommendations regarding the adequacy of Community Access equipment and facilities. 2. To make recommendations regarding such things as, but not limited to, program variety and content. 3. To review and modify the complaint resolution process as needed. B. To promote usage and viewership of Community channels. To create maximum interest in local events, people, places, and issues via community cable television. 2. To provide El Segundo residents, businesses, and organizations an opportunity to produce and participate in community television. 3. To encourage the education of El Segundo students in community television programming and production. 09" 4. To encourage and support the production of quality programs of interest to residents of El Segundo. 5. To develop and recommend a promotion plan to enhance channel usage and viewership. 6. To review effectiveness of outreach efforts. 7. To provide effective volunteer and intern recruitment efforts. IV. PROGRAMMING GUIDELINES A. Content The City's concern with program content is limited to insuring that the program material is not in violation of federal, state or local law; that all appropriate copyrights have been obtained and that ESCC programming guidelines are not violated. 2. All programming is subject to approval for cablecasting over ESCC by the ESCC Program Manager, using the Statement of Purpose, ESCC Rules and Regulations, and current station programming schedules as the criteria. 3. It is the intent, whenever possible, to re- broadcast in their entirety scheduled civic and community meetings that have been videotaped by ESCC. Civic meetings include, but are not limited to City Council Meetings, School Board Meetings and Planning Commission. Some community meetings may be videotaped but not cablecast in their entirety. The ESCC Program Manager may edit community meetings for quality, scheduling and /or community interest reasons. B. Prohibitions Presentation of the following material on ESCC Channels is strictly prohibited: Obscene matter, as defined in California Penal Code section 311. b. Any illegal lottery or illegal gambling, or any advertisement or information concerning any illegal lottery or illegal gambling. c. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation of money or other things of value, unless specifically exempted hereunder. d. Political endorsements of candidates or issues, except in accordance with Section K.4 of these regulations. e. Any material which constitutes defamation of any person (including individuals, companies, businesses, or other legal entities); invasion of privacy; violation of public rights; unfair competition; violation of trademark or copyright; or which violate any local, state, or federal law. 094 2. Presentation of indecent material (see FCC v. Pacifica (438 U.S. 726 (1978) in Community Programming shall be broadcast only on channels for which reception may be fully blocked by individual subscriber request (see 47 U.S.C. 560). C. Authorizations All producers are responsible for the content of their program and for obtaining all rights necessary to cablecast any program material on the system. All producers are responsible for providing proof that they have obtained in writing all necessary approvals, clearances, licenses, etc. for the use of any program material which the producer cablecasts, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers' representatives, and approvals that may be necessary to transmit program material over the cable television system. D. ESCC Programming ESCC Programs are video programs produced for cablecast by or under the direction of El Segundo Community Cable employees. 2. ESCC programming is subject to ESCC Programming Guidelines. E. Community Programming Community Programs are video programs produced by residents of El Segundo or non - profit organizations based in El Segundo. Community Programs are produced using ESCC facilities and equipment. 2. Community programming is subject to ESCC Programming Guidelines and all Community producers must adhere to Section II "ESCC Community Producer Guidelines" and Section III "Eligibility ". Outside Programming Outside Programs, are video programs produced without ESCC resources and submitted for cablecast on ESCC. Outside programs are not necessarily produced by an El Segundo resident, and may or may not cover events that happen within the City limits. Based on available programming time and community interest, outside programs will be cablecast at the discretion of the ESCC Program Manager. 2. Outside programming is subject to ESCC Programming Guidelines. G. Format Requirements All videotapes submitted to ESCC for programming must be supplied on a 3/4" videotape and meet videotape standards: no other format will be accepted unless approved by Program Manager. H. Length of Programs Programs scheduled in half hour time slots must not exceed 28 minutes. 2. Programs scheduled in hour time slots must not exceed 58 minutes. 090 3. Programs exceeding 58 minutes will be scheduled according to available Channel air time. Logistics All tapes used for ESCC cablecast must be clearly labeled with title, date of production, producer's name, address and phone number. Both tape and container must be labeled. J. Delivery and Return of Tape All community producers must personally deliver and pick -up their own videotapes. Videotapes will be kept for a three (3) month period after the date submitted. After that time, the videotape(s) will be disposed of or recycled. K. Reservation of Rights Technical Quality ESCC reserves the right to reject videotapes that in its discretion do not meet techni- cal standards. 2. Children ESCC reserves the right to schedule or reschedule programs in consideration of children in the viewing audience, and may require viewer discretion tags at the begin- ning and end of each program. 3. Sponsorship a. After receiving approval in advance from ESCC, producers are permitted to give oral and /or visual sponsorship credit to a person or organization that has paid for, in whole or in part, the production of a program cablecast on ESCC, so long as the sponsorship credit does not violate FCC rules or regulations, the terms of the ESCC Rules and Regulations, and the following additional guidelines. b. Information regarding sponsorship procedures is available at the ESCC studio. Interested individuals must obtain this information and an agreement must be signed with ESCC before any sponsorship activities are permitted. Program sponsorship efforts may not commence until the person seeking sponsorship has reviewed the sponsorship procedures and received permission from ESCC. C. A credit to an individual sponsor shall not exceed fifteen (15) seconds in length. It may include a logo and a voice over identifying the sponsor and service they provide (if appropriate). No "jingles" are allowed. Subjective modifying language (words such as "best," "highest quality," "longest lasting," etc.) in the voice over is strictly prohibited. There is a maximum of sixty (60) seconds allowed per break period for standard fifteen (15) second credits. Each sponsor is limited to one credit per break period. For programs lasting less than one hour (less than 60 minutes), sponsors may be given credit at the open of every sponsored program and must be given credit at the end of the program. For programs lasting at least 60 minutes, sponsors may be given credit at the open of every sponsored program fi�ti and must be given credit at the end of the program. Additional credit breaks are permitted at each "natural" break in the program or event. The total period for all sponsorship credits may be a minimum of fifteen (15) seconds but may not exceed a combined maximum of sixty (60) seconds in length during a single break for credits. e. A "natural" break in the content of the program is not caused or initiated by the television production team. For example, natural breaks occur at the beginning and end of the program, event, or performance; during the intermission of a musical or theatrical stage event, and at "natural breaks in a sporting event (between quarters, half -time, between innings, etc.) However, if the sporting event action "pauses" due to time outs, injuries, etc., these breaks are considered part of the game and /or event and should not be considered an opportunity for sponsorship credit breaks. f. No sponsor's street address may be shown or listed. Terms that call upon the viewer to use products or services are strictly prohibited. Final authority for determining the appropriateness of sponsorship credits is the responsibility of ESCC. 4. Political Programming It is the policy of ESCC to accept for cablecasting, programming containing political subject matter as long as it adheres to all existing guidelines in the ESCC Rules and Regulations and FCC Regulation # 76.205 the latter of which provides: (A) General Requirements. No cable TV system is required to permit the use of its facilities by any legally qualified candidate for public office, but if any system shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such system shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any.. 1) Bona fide newscast; 2) Bona fide news interview, 3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or 4) On- the -spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of a system. (B) Uses. As used in this section and #76.206, the term "use" means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 76.205 (a 1) -(a4) of this section. (C) Timing of Request. A request for equal opportunities must be submitted to the system within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. (D) Burden of Proof. A candidate requesting equal opportunities of the system or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. (E) Discrimination Between Candidates. In making time available to candidates for public office, no system shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any system make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates for the same public office. 0 9 V. COMMUNITY PRODUCER GUIDELINES A. Community Producer Defined Community producers are residents of El Segundo or authorized members of non- profit organizations based in El Segundo who use ESCC facilities and equipment to produce programs for cablecasting on ESCC. 2. Community producers are subject to Section I "ESCC Program Guidelines" and must adhere to Section II "ESCC Community Producer Guidelines" and Section III "Eligibility ". 3. Community producers are expected to produce programming that will be cablecast on ESCC. All community producers are required to submit a Community Producers Program Proposal before production approval. Community producers should never represent themselves as an employee, representative, or agent of the ESCC, the ESCC Advisory Committee, the City of El Segundo, or Time Warner Cable. Violation of this rule will result in the forfeiture of privileges to use ESCC facilities and /or equipment. 4. Certification is required before community producers can operate ESCC equipment. In order to be certified, community producers must attend a Video Production Workshop conducted by ESCC. At the completion of the workshop, community producers must sign a Statement of Compliance. Failure to sign and adhere to the terms of the Statement of Compliance will result in the forfeiture of the community producers' privileges to use ESCC facilities and /or equipment. B. Indemnification Community producers must agree to defend, indemnify, and hold harmless the ESCC Advisory Committee, the City of El Segundo, Time Warner Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of the Operating Policies and Procedures, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. Community producers must understand that they may be criminally or civilly liable for performing or producing such material that is cablecast. C. Ownership All videotapes used for community programming are the property of ESCC. Community producers may obtain copies of programs at the rate posted on the ESCC dub rate sheet. D. City Licenses Business license under the El Segundo Municipal Code and other applicable permits or licenses may be required of the community producer. 1J ) 0 VI. ELIGIBILITY FOR USE OF ESCC FACILITIES OR EQUIPMENT A. Residents Any person using ESCC facilities and /or equipment may be required to provide proof of residency in the City of El Segundo. B. Non - residents Persons who are authorized representatives of an El Segundo based non - profit organization may use ESCC for the purpose of cablecasting programming. In all cases where non - resident individuals request use of ESCC facilities and /or equipment, a written authorization form, signed by the identified member of the institution or organization must be provided. Verification will be conducted by ESCC. Any other non - residents will not be granted access to or use of the ESCC facilities and equipment. C. Minors (Persons under the age of 18) Permission Minors using ESCC must have on file a signed Parental Consent form. The parent or guardian who signs the form assumes responsibility for any liability arising from the minor's use of ESCC facilities and /or equipment. 2. Use a. Certified minors may work in the studio but portable equipment may only be checked out with the written permission of a parent or legal guardian. 3. Limitations a. Although there is no minimum age restriction, if a minor fails to demonstrate the knowledge to handle equipment safely and properly, it is within the discretion of the ESCC Program Manager to refuse that minor a permit to use that equipment. D. Refusal of Service ESCC reserves the right to suspend or revoke the privilege of any community producer who appears to be under the influence of alcohol or drugs; who interferes with the orderly conduct of business; who refuses to cooperate with or in any way mis- treats ESCC employees, interns or volunteers or what would be considered abuse of said parties; who has misused equipment; failed to return it on time; who has violated any rules found in this document; or has in any other way abused the privilege of using ESCC. E. Nondiscrimination The community programming channels, equipment and facilities shall be made available on a first come, first served nondiscriminatory basis, except for ESCC approved priority cablecasts. Only those programs which meet the El Segundo pro- gramming criteria as set forth herein and in the El Segundo Municipal Code shall be cablecast. 09i VII. SCHEDULING POLICY A. ESCC Control The ESCC Program Manager reserves the right to schedule all community programming on a nondiscriminatory basis and shall on a regular basis select specific programming, evaluate the day and hour scheduling for programs and prioritize production and cablecast scheduling for upcoming community events of widespread interest. VIII. GRIEVANCE PROCEDURES A. Definition Any person or persons wishing to protest decisions made by the ESCC Program Manager (i.e. in regards to playback scheduling, production scheduling, refusal of program due to content or length, or any conflict arising in question to the ESCC rules and regulations) may file a grievance and request a hearing before the ESCC Advisory Committee. a. It is not the ESCCAC's place to censor program content. It is the responsibility of the ESCCAC to review protests and decide if the program in question is in compliance with the Rules and Regulations. Programs can only be accepted or rejected in whole. The ESCCAC is prohibited from editing the work of any program which is submitted to it. However, the producer, at his or her discretion may re -edit and resubmit the program for cablecasting. B. Protest Procedure(s) ESCC Advisory Committee Any applicant wishing to file a protest must submit a detailed report regarding the complaint, along with any ESCC forms involved with the dispute to the ESCC Program Manager no later than two (2) weeks prior to an upcoming ESCC Advisory Committee meeting. The applicant will then be placed on the following meeting's agenda at which time the applicant may present his said case. If any protest is received by ESCC Program Manager prior to airing of any program that is the subject of protest, the program may still be shown at the discretion of the ESCC Program Manager and subject to approval by the Recreation and Parks Director. An emergency ESCC Advisory Committee meeting may be called to assist on the final decision by either the ESCC Program Manager, Recreation and Parks Director or Chairperson of the ESCCAC. 2. Director of Recreation and Parks a. Should applicant wish to proceed with a grievance following an ESCC Advisory Committee decision, he may do so by submitting Committee reviewed documents, along with Committee findings to Recreation and Parks Director for further review. 1 IJ:O b• Upon presentation of grievance, the Director of Recreation and Parks will be granted up to a two (2) month reviewing period, after which time the Director may render his final decision. 3• El Segundo City Council a• Should applicant wish to proceed with a grievance following the Director of Recreation Parks decision, he may do so by submitting all reviewed documents and findings to the El Segundo City Council for final review. The City Council by majority can decide to either review the matter, or let the Recreation and Parks Director and /or ESCCAC decision stand. b• Upon presentation of all grievance paperwork, the City Council will have a two (2) month minimum reviewing period, after which time the City Council will render the absolute final decision in not more than four (4) months. Revised by the City Attorney and approved by the El Segundo Community Cable Advisory Committee 3/12/03. 101 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: ss Consideration and possible action to approve request by Northrop Grumman Corporation to rename 118th Street between Aviation Boulevard and Hornet Way to Northrop Grumman Avenue. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve request by Northrop Grumman Corporation; (2) Authorize staff to change the street name signs; and (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: 118th Street between Aviation Boulevard and Hornet Way is a City street approximately 200 feet in length. The street currently provides access to Northrop Grumman facilities from Aviation Boulevard. Northrop has requested that the name of this street be changed to "Northrop Grumman Avenue" to complement the relocation of Northrop's Integrated Systems headquarters from Texas to El Segundo. ATTACHED SUPPORTING DOCUMENTS: Letter dated April 18, 2003 with Location Map. FISCAL IMPACT: $300.00 for two (2) new signs. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: No ORIGINATED BY: Q� DATE: May 8, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: J4 ` DATE: Strenn, City Managbf /4 o,) 20030520— Approve Request by Northrop Grumman Corporation to Rename 11 So Street between Aviation Boulevard and Hornet Way to Northrop Grumman Avenue 1 1) NORTHROP ORL/MMAN Integrated systems In Reply Refer To: LOWD00- 03- 001/TMJ:dt City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 -3895 Attention: Mr. Andres Santamaria, Director Subject: Street Renaming Mr. Santamaria: Northrop Grumman Corporation Air Combat Systems One Hornet Way El Segunoo, California 90245 -2804 18 April 2003 RECEIVED APR 18 2003 PUBLIC WORKS ENGINEERING Northrop Grumman is requesting the City's support to enable the renaming of that portion of 118th Street which runs between Aviation Boulevard and Hornet Way as "Northrop Grumman Avenue ". In November 2002 we relocated our Integrated Systems (IS) sector headquarters from Las Colinas, Texas to our Air Combat Systems (ACS) site here in EI Segundo. With those business entities now collocated, there is need for distinguishable identity and a discrete mailing address for Integrated Systems. Our current ACS mailing address, "One Hornet Way" reflects deference to our Boeing /U.S. Navy customer for whom Northrop Grumman (ACS) has supplied the F /A -18 Hornet fuselage from the El Segundo site for many years. Our IS sector product array is broader and are provided to multiple U.S. and foreign customers and is best served with a "Northrop Grumman Avenue" mailing address. Our intent is to support this opportunity by implementing all necessary signage modifications upon the City's approval and within its guidelines. Your timely approval on this matter is appreciated and we stand ready to provide any assistance which might expedite the process and effect the street renaming as soon as possible. Should you have questions concerning this information, please contact the undersigned. Sincerely, d T.M. Grimes, Manager Facilities Planning and IPT & Technology Support 310- 628 -2555 E- mail:grimeti @mail.northgrum.com 91 Z 103 esodueyy_ 4) CO) O W ARM461H leuedwi 14 C-I O N _ —_ A o J dddl � a s of w `mob 8 a ae C J en a a 0 J T a� 0 T a ao� J T a j e T a 0 J T a. 0 J m u C A C W '3S 4;01, C V t O 0 2 r A� W IS MU R C MW W LL� r 'IS 44M V 2 104 EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action for approval of the reimbursement agreement between the City of El Segundo and Pacific Pipeline System for pipeline relocation for the Douglas Street Gap Closure / Railroad Grade Separation Project - Approved Capital Improvement Program - (estimated cost = $1,201,569). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the reimbursement 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: Pacific Pipeline System has a 16" diameter crude oil pipeline within the area designated for construction of the Douglas Street Gap Closure Project. This pipeline is within the BNSF railroad right -of -way and needs to be relocated to facilitate construction of the project. Pacific Pipeline System has estimated the cost of design and construction of the pipelines relocation work to be $1,201,569. The enclosed reimbursement agreement has been prepared by Shell Pipeline Company and approved as to form by the City Attorney. ATTACHED SUPPORTING DOCUMENTS: Reimbursement Agreement between the City and Pacific Pipeline System. FISCAL IMPACT: Capital Improvement Program: $1,201,569 Amount Requested: $ 500,000 Account Number: 301 - 400 - 8203 -8949 Project Phase: Under design Appropriation Required: No ORIGINATED BY: DATE: May 1, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: DATE: !/ Mary Strenn, City Mana er �/ �i S �.Z 10 20030520 - Approval of Reimbursement Agreement between El Segundo and Pacific Pipeline System for Opuglas Street Project S �.Z REIMBURSEMENT AGREEMENT This agreement made this day of 2003, between City of El Segundo ( "City ") and Pacific Pipeline System LLC ( "Pacific ") WITNESSETH Whereas, City proposes improvements to property on which Pacific maintains a 16 -inch crude oil pipeline by virtue of an easement granted by Standard Oil Company (the "Easement "), and said improvements will necessitate relocating approximately 1,100 feet of Pacific's Line 93 pipeline from the right -of -way provided under the Easement to a right -of -way within City's streets; and Whereas, Pacific is agreeable to the relocation of the pipeline subject to the conditions and requirements hereinafter set forth. Now, therefore in consideration of the mutual covenants contained herein and as detailed on Exhibit "A" attached hereto, the parties agree as follows: 1. Pacific agrees to relocate 1,100 feet of its 16 -inch steel crude oil pipeline from its existing location to the location and depth indicated on Drawing Numbers U -1, 2, 4 and 6 titled Douglas Street Gap Closure which drawings are signed by both the City and Pacific and is made an attachment Exhibit `B" hereto. Pacific will provide City with copies of as- constructed drawings no later than 120 days after the completion of construction. 2. City agrees to grant to Pacific or have granted to Pacific easement rights for the relocated right -of -way on terms that are no more burdensome or less favorable to Pacific than those enjoyed by Pacific under its existing Easement. 3. (a) City agrees to reimburse Pacific for all costs incurred by Pacific for the above referenced relocation. Attached to this Agreement as Exhibit "C" is Pacific's estimate of the costs it expects to incur in connection with the relocation. Pacific represents that it has prepared the estimate in good faith, using its experience in pipeline construction and relocation, but, because of the uncertainties inherent in pipeline construction in general, and pipeline relocations in particular, Pacific disclaims any warranty as to the accuracy of such estimate, and Pacific shall not be denied any reimbursement because it exceeds the attached estimate. (b) Pacific shall prepare and submit to City an itemized schedule or schedules with supporting documentation of all costs incurred by it in connection with the relocation, which schedules may be submitted on a progress or completed project basis, as determined by Pacific. City shall pay Pacific the full amount of all appropriately supported reimbursement requests within twenty days after receipt thereof. El Segundo Reimb Agree LTW.doc 106 4. City shall indemnify and hold Pacific harmless and free from any and all claims for damages which may occur, arising out of City's development of the land or, in particular, with the relocation, except for damages arising solely from Pacific's negligence or willful misconduct. Further, Pacific shall not be liable for any damages to the surface of the land, plants, trees or other improvements resulting from City's improvement project, except that Pacific shall be liable for and shall indemnify City from and against liabilities, claims and costs resulting from spillage or discharge of petroleum products or other hazardous substances that is a direct result of the operation by Pacific of its Pacific's pipeline. 5. City shall provide all permits and inspections necessary for the relocation at no cost to Pacific. IN WITNESS WHEREOF, the parties hereto affix their signature the day and date first mentioned above. Pacific Pipeline System LLC City of El Segundo M Irvin Toole Jr. President & CEO -2- El Segundo Reimb Agree LTW.doc By Print Name Title 1", EXHIBIT "A" OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by PACIFIC under this Agreement are CITY's property. PACIFIC may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. 2. INDEPENDENT CONTRACTOR. CITY and PACIFIC agree that PACIFIC will act as an independent contractor and will have control of all work and the manner in which is it performed. PACIFIC is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct PACIFIC as to the details of doing the work or to exercise a measure of control over the work means that PACIFIC will follow the direction of the CITY as to end results of the work only. 3. AUDIT OF RECORDS. A. PACIFIC agrees that CITY, or its designee, have the right to review, obtain, and copy all records pertaining to the performance of this Agreement. PACIFIC agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. PACIFIC further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. PACIFIC will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 4. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, PACIFIC will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 108 Workers compensation Statutory requirement B. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. PACIFIC will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Pacific Rating equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. PACIFIC will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should PACIFIC, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at PACIFIC'S expense and deduct the cost of such insurance from payments due to PACIFIC under this Agreement or terminate. 5. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 6. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. t ( -I E 79 ° u Sr - �e i Z -0 133N5 33S 133815 Stl10000 00•CI 3N1lNJlrry ~ N =1 / _ a U �.. l' e s s rl0 0 O r s I I I I E o$� < O m w w >W o n E O W a.S O 3 r I I � ?8�3RVG'0 •sl tlls `II I� � g - J� I �� .va. 3Nn obla.n rls Z� = L W P 910. 3NIl ZS 2C.II v1S M Il `moo Z b .'CZ D • yQc W 155r19fM)0 sc •to-ol vls U p 3:�va vary 00-00.0I vls srspno0 OD '00.01 rss yam. �r li } S SYl'JOOQ 9. 'OO.O,lv15� � - -C k 910.3N1 I1 I'I9. I fls Z` i i z• i x x l SD Ai n n n m m 1 `V o `13, 3 a < °o 4 w m g =io =QZ wo '.' 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EXHIBIT "C" COST ESTIMATE- PPS 16" LINE93 RELOCATION DOUGLAS STREET PROJECT CITY OF EL SEGUNDO TASK QTY UNIT UNIT COST Equipment & Materials - EXT TOTALS Pipe - 16" FBE Coated _ 1100_ _Ft 26 28,600 Pipe Fittings - Bends 15 _ Ea 1,900 __ 28,500 Pipe Fittings Various — Concrete 1 100 - Lot _3,500 Cu Yd -- 100 - - - Equipment - Subtotal- � - - Construction - -- - -- _10,000 - 70,600 Pipe -- -- Line Drain 1100 25 I Ft - -. ___0 Loads_ 1100 660,000 _ Radiographic Inspection - - - - Re surtacing _ -- 1 5 _ , Lot - _ 6,000 - - Day 2,000 27,500 6,000 10,000 _ Hydrotesting _ 1 _Crew Lot_ Pipe removal 500 10,000 Ft 100 Ft 10,000 _ 50,000 - - - Environmental handling 500 Construction - Subtotal - -- - 35 17,500 - - - _ �_ -� - - -- -- 781,000 - - Support - - - -- Engineering Design 1 _ Lot 75,000 75,000 Field investigation 1 _ _ Project Management -� Lot 15,000 - -- Lot -- 15,000 - -- _ _ Inspection 1 _ 7,500 Lot 7,500 Survey Inspection 1 30 000 - -- — Lot - 30,000 o Support Subtotal - � - 15,000 - 15,000 -- _ - - 1 � -- - 2 500 Other r i - Sales Tax @ 8.25% - - Freight @ 4.00% Contingency @20% - -- - - - �_- _ 2824 - -. - Othrr- Subtotal - - - - -- 198820 -_ _ ___ -- - - -_- - - -� -- - -- 207,469 Total -- - - -- -- - - - -- $1.201.569 414- KEEP LA RUNNING Sunday, July 13, 2003 COURSE DESCRIPTION Staging area with registration and post event activities = Library Park, El Segundo Start of the 10 Mile and 20 Mile Bike Coastal Cruise = 7:30 am Start of the 5K & l OK Run and Fun Walk = 8:00 am Start of the Kiddie -K Fun Run = 9:30 am The Bike Coastal Cruise riders will start (7:30 am) on Mariposa Ave., just West of Main Street. Athletes travel East on Mariposa Ave. to Kansas St. Right (South) on Kansas St. to El Segundo Blvd. Right (West) on El Segundo Blvd. To Virginia Street. Right (North) on Virginia St. to Grand Ave. Left (West) on Grand Ave. to Vista Del Mar. Riders will cross Vista Del Mar and join the County Beach Bike Path. They will then travel into Manhattan Beach or Redondo Beach (depending on their desired distance of 10 miles or 20 miles) and return on the bike path to Imperial Highway. Bike riders will cross Vista Del Mar and onto Eastbound Imperial Highway. East on Imperial Highway to Main Street. Right (South) on Main Street to Imperial Ave. Right (West) on Imperial Ave. to Virginia St. Left (South) on Virginia St. to Palm Ave. Left (East) on Palm Ave. to the finish line at Richmond St. 5K & l OK Runners start on Mariposa Ave., just West of Main Street. Athletes travel East on Mariposa Ave. to Kansas St. Right (South) on Kansas St. to El Segundo Blvd. Right (West) on El Segundo Blvd. To Virginia Street. Right (North) on Virginia St. to Grand Ave. (at this point IOK runners turn left (West) on Main St.) 5K continues North across Main Street to Palm Ave. Right (East) on Palm Ave. to the finish line at Richmond St. I OK Runners turn left (West) on Main Street and follow Main Street into the City of Los Angeles. Runners continue on Main Street to Vista Del Mar. Right (North) on Vista Del Mar to a u -turn point on Vista Del Mar, just North of Imperial Highway. Runner's make that u -turn and run South on Vista Del Mar to Imperial Highway. Left (East) on Imperial Highway to Main Street. Right (South) on Main Street to Imperial Ave. Right (West) on Imperial Ave. to Virginia St. Left (South) on Virginia St. to Palm Ave. Left (East) on Palm Ave. to the finish line at Richmond St. The Kiddie -K Fun Run (9:30 am start) will start on Palm Ave. with the kids running West on Palm Ave. to Virginia St. They make a u -turn and finish at the finish line at Richmond St. This is a "rolling closure. Streets in the City of El Segundo will open after runners pass. All activities will be off the streets by 10 am. Q r, ull 1 11 a J J Q IC Ohl CD c ti J ¢ ( QoQ I V 1 1 1 I I` 1 Dill., NMI a- 11 I , 1 I O IE 1 � i I 11 / 2 I Q I m N 1S NO 19 o4a Q V L gm [.I `.I m J V Z � js II i i NI SIONIIII N I > i m I NtlIA btl1Y VlIWO"1 0 ab31s 001 O NN3d§ no �0073HS • Z dN3bV (D W , fn' , W / i 2 � 2 \ Q Ix \ �. V, I PHIA CL 9NIlIHM i / m d� A RESOLUTION RELATING TO STATE -LOCAL FISCAL RELATIONS AND A STATE BUDGET RECOVERY PLAN Source: Board of Directors Recommendation to May 15 2003 S ecial Meeting of General Assembly: Approve as Amended. WHEREAS, the state of California faces an estimated budget deficit of $34 $38 billion or more in FY 2002 -03 and FY 2003 -04 (combined), and in previous state budget crises the state has showed a disturbing willingness to balance its budget by taking traditional local tax revenues that fund vital community services; and WHEREAS, the current raid of local property tax dollars by the state (ERAF) will cost cities statewide $779 million in 2002 -03, and, after payments to cities from state general fund Programs and the Proposition 172 public safety sales tax are deducted, cities will provide $489 million in net subsidies to the state of California in 2002 -03; and WHEREAS, the Governor's original budget proposal and many of the proposals by caucuses of the Senate and Assembly suggest that local governments make a "contribution" of increased local tax revenue to solving the state budget crisis without imposing any restrictions on the ability of the legislature to raid local tax funds in the future; and WHEREAS, city officials support state leaders who chart a responsible and balanced course in addressing the state budget crisis and call on the Governor and other state leaders to ensure the state lives within its means and does not rely on vital local financial resources to balance the state budget; and WHEREAS, it is vital to the health of cities that the state continue to meet its constitutional obligation to adequately fund public education; and WHEREAS, the state budget recover lan`s constitutionally shield local general tax revenues that �fund 1pub is safety, proposal street maintenance Parks and libraries, and other vital services from state raids in the future; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in a Special Meeting in Sacramento, May 15, 2003, that the board of directors may support a state budget recovery plan in substantial accordance with the following principles and guidelines: Section 1. League Support Conditional Upon Local Revenue Protection. (a) The support of the League of California Cities for any budget recovery plan that relies on increased OVER . . "contributions" of city revenues or temporary taxes to reduce part of the budget deficit A expressly conditioned upon the submission by the legislature to the voters of a ballot measure at the earliest possible election, amending the state constitution to limit the ability of the legislature to take local government general tax revenues as described in subsection (b). (b) The proposed constitutional amendmentQl� d limit the ability of the state to seize, take, shift, divert or otherwise reduce the any property tax, sales tax, VLF (including VLF backfill) and all ether locally approved tax revenues of local governments unless: (I) the Governor declares a state fiscal emergency, (2) the legislature approves such action by a supeFeajerity at least a two- thirds vote; and (3) the measure authorizing the seizure of the local tax funds provides for its full reimbursement in the next fiscal year.Q n Section 2. Balanced Budget Recovery Plan. Any budget recovery pland'hc fiscally prudent and rely significantly on cuts to state general fund (SGF) expenditures while avoiding reliance on local tax revenues to finance the current deficit or future state spending. If the budget recovery plan also relies on the issuance of debt instruments or temporary taxes to finance part of the deficit over a period of years, strict limitations should be imposed on state general fund spending to prevent future state fiscal crises; provided, however, the state should give high priority to public safety programs. The voters should be asked to approve a prudent state general fund reserve requirement. , EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding anew Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — Beer and Wine ) at a new restaurant, Havana Sandwich Company, located at 229 Main Street, EA No. 613, AUP No. 03 -02, and ABC 03 -02. Applicant: Havana Restaurants, Inc. RECOMMENDED COUNCIL ACTION: (1) Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at Havana Sandwich Company; or, (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to them for review. The ABC regulations (Section 23958.4, 23987, 24200, and 25612.5) of the Business and Professions Code require a 40 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments. The grounds of a protest should relate to public health, safety or welfare concerns. Restaurants are specifically excluded from the ABC regulations, which require the City to make findings of public convenience of necessity in areas of "undue concentration" but based on previous Council direction, staff is providing undue concentration calculations as background information. (continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Undue Concentration Calculations 2. Crime and Arrest Statistics by Reporting Districts (RD) 3. Police Reporting Districts Map 4. Approval Letter to Applicant dated May 2, 2002 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriate Required: _Yes x No Mary Hansen, Director of Community, Economic and Development Services 13 p \pbs \pr0jects \Ea - 613 \Ea -613cc 11." BACKGROUND & DISCUSSION The proposed restaurant would be located in Reporting District (RD) No. 112, which has an "undue concentration" of alcohol licenses. However, there is no "undue concentration., of crime in RD No. 112 (13% above average of all RD's based on 2002 -2003 reporting data. An undue concentration is defined by state law as 20% above the average). Only two alcohol related arrests have been reported for 2002 -2003. Any protests regarding the issuance of a restaurant license must be filed with the ABC during the 40 -day time frame, or a 20 -day extension may be requested. The Police Department and Department of Community, Economic and Development Services have no concerns with issuance of the ABC license. A request for a new license is required since the applicant does not currently hold a Type 41 license. The previous tenant was a women's retail clothing store, so there is no Type 41 license that can be transferred for this site. The applicant has indicated that the proposed hours for alcohol sales are seven days per week between the hours of 11:00 AM until 10:00 PM, Sunday through Saturday. The ABC review is a completely separate review process from the City's Administrative Use Permit (AUP) process, with mandatory findings that are regulated by the State Department of Alcoholic Beverage Control. ABC runs a complete background check on all applicants, as well as conducting site inspections, prior to issuance of any type of license. On May 2, 2003, the Director of Community, Economic and Development Service Department approved Havana Restaurants, Inc.'s AUP application (EA No. 613, AUP No. 03 -02) and the Planning Commission review of this request as a Receive and File item on their agenda, is scheduled for the regular Planning Commission meeting on Thursday, May 22, 2003. p \pbs \projects \Ea - 613 \Ea -613cc !'y (� 1nr CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 2000 Census Data) Census Tract 6200.01 & 6200.02 East of Sheldon Population 7222 On -Sale 1:1032 County Average 7 Licenses On -Sale 1:314 El Segundo Ratio 23 Licenses "undue concentration" Off -Sale 1:1204 County Average 6 Licenses Off -Sale 1:903 El Segundo Ratio 8 Licenses "undue concentration" 6201.01 & 6201.02 West of Sheldon - North of El Segundo N 1:1101 8 Licenses 1:441 22 Licenses ** "undue concentration" 1:1259 7 Licenses 1:1762 5 Licenses - no "undue concentration" * *[Includes new Type 41 license for Havana Sandwich Company at 229 Main Street.] PAPlanning & Building SafetylMISCLIABC- CALCS.doc Update 04128/03 Gal 2002 -2003 CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS IRrn RD PART1CRIMES FELONY /MISDA RRESTS TOTAL PERCENTAGE +/- "" UMVL RELATED ARRESTS 101 10 7 17 13 4 -- - 102 9 31 40 167 2 103 1 2 3 -80 p 104 4 14 18 20 0 105 5 6 11 -27 p 106 1 4 5 -67 2 107 12 16 28 87 6 108 2 18 20 33 4 109 2 - 6 8 - -47 - -- 110 6 2 8 -47 0 - 111 0 18 18 20 2 12 13 4 17 13 2 13 - 5 10 15 p - 6 114 10 11 - - -- _— -27 - - p 115 p p p -- -- ol 10 10 -33 -- 0 201 - _ 4 7 _ -53 1 202 2 12 14 7 1 - 203 3 - 7 10 -33 3 204 2 _ 17 _ 19 27 1 205 g 11 14 7 - _ 2 206 207 208 209 210 211 212 301 302 303 7 - 13 11 7 5 6 8 6 3 2 9 31 9 19 12 8 20 20 7 48 16 44 20 26 17 14 28 26 10 50 7 193 33 73 13 -7 87 73 -33 233 0 5 0 5 0 2 7 0 0 2 w 2002 -2003 CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS (RD) 304 0 4 4 -73 p 305 4 3 7 -53 p 306 0 1 1 -_ -93 p 307 0 6 6 - -60 - - 1 308 21 18 39 160 0 309 - 8 6 14 - -14 p 310 1 0 - 1 -93 p 311 7 4 11 -27 1 312 313 14 315 _ - 316 - 17 -- 318 - - 319 320 321 322 323 324 Totals 2 - 2 0 - -- 1 3 6 5 — - -- 27 - -- 7 _ - -- 1 -4 1 p 252 3 - 2 15 - 2 8 - - -- 17 - -- 6 0 - 1 7 0 535 5 _ 4 15 - 5 5 - 14 22 - 63 13 1 5 __ -_ 8 p 787 - - - -- -73 p - — 67 -- - - _ -67 ---- ------- - 7 - - -- - -- 320 - -- _ -_ -93 -67 - -- - -47 0 - — _ - - 1 - - -- - 1 - - - - - - -- - 1 -- _. 4 0 1 0 - p p - -- - p 69 Number of Reporting Districts = 52 Average # of Part I Crimes per Report ting District = 5 Average # of Felony /Misdemeanor Arrests per Reporting Districts = 10 Average # of Crimes and Arrests per Reporting Districts = 15 * ** Results from 10/01/02 throuqh 03/3/03 * ** �2�s z �G i V� ❑ N r t`J G II O i�OxNEI 'tt. - O N sW N I� th �'•n crtwu cu O O M O tr1 S sNwaa wy — � N eW E�— a 4� y O n_ T 1 ' W t A + i V N x ti was euvoxxwar N o s W fD on O N e� o wN=xwoar. I CD I nm m N - IW N N m�rtwar. w � MYR' ryxxM air; 'p 8N1111 F � .'.: xp1 — nxxar. = a ❑ ('7 W Mpuia�• u�r;_ Yam N na� O ort p co r O ^ vyw u ^ � � WNWxe m' •���. 'c MU0110 3 nx w �- Naaww N f��V���1� . IA Wmtn 5'i" 3 rtw . 3- N0.lCx[Sre \� IlEai 9r - �.aeo.aW i / i v eW E�— a 4� y O n_ T 1 ' W t A + i V GtT Y OA * ti + q SgGU1� May 2, 2003 Elected Officials: Mr. John Shapiro & Mr. Mike Neimark Havana Restaurants, Inc. Mike Gordon, Mayor 229 Main Street Sandra Jacobs, Mayor Pm Tem El Segundo, California 90245 Nancy Wemick, Council Member John G. Gaines, Council Member Kelly McDowell Council Member Cindy Martesen, SUBJECT: Environmental Assessment EA No. 613 and Administrative city Cleric Ralph Lanphare, Use Permit AUP No. 03 -02 City Treasurer Sale of beer and wine for on -site consumption at Havana Sandwich Company (Type 41 ABC License) Appointed Officials: Address: 229 Main Street, El Segundo Mary strann, City Manager CD. Mark D. Hensley, attomey Dear Mr. Shapiro and Mr. Neimark: Department Directors: I am pleased to inform you that, in accordance with Chapter 15 -22 of the City of El Segundo Zoning Code, Jeffrey $tlerart, the Planning Division has reviewed Assistant Clly Manager Bret Plamiee, your application for the above - referenced project and the Director of Comm unity, Economic, Adminishade. S.Mfoas and Development Services has APPROVED Community, Economic and Administrative Use Permit rmit No. 03 -02 for the on -site sale of beer and Development Services Nom, Angelo, wine at 229 Main Street. The following are the findings and facts in support of finding Fire Chief each for this decision: Debra Brighton, Jack ;N FINDINGS AND FACTS IN SUPPORT OF FINDINGS- Chia/ Andres AntlPu Public Works Public Works Jeffrey Environmental Assessment EA No. 613 interim rim R- Interim R.craation 8 Parks Findint 1 www.elsegundo.org ' The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing expansion of use. private structure involving negligible or no Community, Economic and Development Services Department 350 Main Street, El Segundo, California 90245 -3895 Phone (310) 524 -2380 FAX (310) 322 -4967 12:; Facts in Support of Finding 1 1 • The applicant proposes to provide for the sale of beer and wine for on -site consumption at Havana Sandwich Company. CEQA does not require an environmental assessment if the use has little or no physical improvements to the structure. 2. The approximately 1,500 square foot restaurant will occupy a suite in an existing retail strip located at 229 Main Street. The suite was previously occupied by a women's retail clothing store. Administrative Use Permit 03 -02 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1 • The applicant proposes to provide on -site sale and consumption of alcohol in a new restaurant, Havana Sandwich Company. The approximately 1,500 square foot restaurant will occupy a suite within an existing retail strip and will provide indoor seating for 32 people. 2• The restaurant will have a State of California Alcohol and Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41). 3• The surrounding land uses are neighborhood- serving commercial, with restaurants, a post office, retail and gasoline service station within the surrounding area. These uses are compatible with the purpose and intent of the proposed use. 4. The intended hours of alcohol sale are expected to be during all hours the restaurant is open. The restaurant is planning to operate between 11:00 a.m. and 10 p.m., seven days a week. 5. The General Plan land use designation for the site is Downtown Specific Plan. 6. The zoning for the site is Downtown Specific Plan (DSP), specifically the Main Street Transitional District. The proposed use requires an Administrative Use Permit (AUP) in accordance with Section VI.B.4. of the El Segundo Downtown Specific Plan. 2 126 7. On May 22, 2003, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Fin • The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 The General Plan land use designation for the site is Downtown Specific Plan. 2• The zoning for the site is Downtown Specific Plan (DSP), specifically the Main Street Transitional District. The proposed use (on -site consumption of beer and wine) requires an Administrative Use Permit (AUP) in accordance with Section VI.13.4. of the El Segundo Downtown Specific Plan. Restaurants are a permitted use in this district of the zone in accordance with Section VI.B.2. of the Downtown Specific Plan. 3. The purpose of the Main Street Transitional District of the Downtown Specific Plan (DSP) Zone is "to link the retail downtown core with the Library, Park, High School and residential areas to the north" (Section VI.B.1.). The proposed use is consistent with this purpose. 4• The surrounding land uses are neighborhood - serving commercial, with restaurants, a post office, retail and gasoline service station within the surrounding area. These uses are compatible with the purpose and intent of the proposed use. Other restaurants in the surrounding area also have alcohol licenses for the sale of beer and wine. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Facts in Support of Finding 3 1 The restaurant will be located in an existing retail strip with on -site parking. The restaurant is located in a space previously occupied by a women's retail clothing store. 3 12 2. The surrounding land uses are neighborhood - serving commercial, with restaurants, a post office, retail and gasoline service station within the surrounding area. 3. The existing restaurants in the surrounding area with alcohol licenses have not been a source of crime or security problems. Finding g44 • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and compensated. Facts in Support of Finding 4 1. The restaurant will have an ABC license for on -site sale and consumption of alcohol. 2. The intended hours of alcohol sales are expected to be during all hours the restaurant is open. The restaurant is planning on to operate between 11:00 a.m. and 10 p.m., seven days a week. 3• The surrounding land uses are neighborhood - serving commercial, with restaurants, a post office, retail and gasoline service station within the surrounding area. 4. The sale of alcohol will not create any new impacts that would not normally be associated with a restaurant. Findin¢ 5 • The State Department of Alcohol Beverage Control will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 1 . The applicant shall obtain a license from the State of Department of ABC. SERVICES ACTION Based on these findings and facts Co in support of these findings, the Director of project. Community, Economic, and Development Services APPROVES the proposed 4 �� b PLANNING COMMISSION Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its May 22, 2003 meeting with the recommendation that the Planning Commission Receive and File the determination. An appeal of this decision may be filed with the Planning Division prior to the Planning Commission meeting. If an appeal is filed, the item will be scheduled for a future public hearing (as required by the Municipal Code). The City Council will determine whether or not to protest the issuance of the on May 20, 2003. ABC License for the sale of beer and wine for on -site consumption at its meeting Should you have any questions, please contact Lori Yuan, Planning Technician or any other Planning Division staff member, at (310) 524 -2341. Sincerely, J es Mt'H—a nsen Director ep t of Community, Economic, and Development Services Cc: Paul Garry, Acting Planning Manager P:1pbs \projects \600 - 625 \EA- 613\aupl tr 5 129 El Segundo Public Library INTER - DEPARTMENTAL CORRESPONDENCE Date: May 19, 2003 To: City Council, City Manger, City Clerk, City Treasurer, Department Heads From: Debra Brighton, Library Director, Q_ 0' Subject: Agenda Item Agenda Item 8 under Consent regarding El Segundo Community Cable Policies and Procedures, and Guidelines has the wrong revision. Attached is the corrected version. CC: Marl: Henslty, City Attomey EL SEGUNDO COMMUNITY CABLE POLICIES, PROCEDURES AND GUIDELINES STATEMENT OF PURPOSE Pursuant to its franchise, Time Warner Cable owns and operates the cable system serving the City of El Segundo. Time Warner provides the City of El Segundo with cable channels to be used for community, educational and governmental programming; this programming is collectively known as El Segundo Community Cable (ESCC). The City Council is the governing body with the final authority to establish policies, procedures and guidelines for the operation of ESCC. ESTABLISHMENT OF EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE A. In order to advise the City Council concerning ESCC, the Council hereby establishes the El Segundo Community Cable Advisory Committee (ESCCAC). The ESCCAC shall advise the City Council regarding ESCC. B. The ESCCAC shall consist of Five (5) members, serving staggered, Four (4) year terms. C. The ESCC members will be selected from interested residents of El Segundo. The ESCCAC members will be interviewed and appointed by the City Council. D. The ESCCAC shall com I with the Ralph M. Brown Act (California Government Code Section 549 - 54962';; ), III. FUNCTIONS OF THE COMMITTEE A. To foster the development of Community Programming of interest to El Segundo residents. 1. To assess, review and make recommendations regarding the adequacy of Community Access equipment and facilities. 2. To make recommendations regarding such things as, but not limited to, program variety and content. 3. To review and modify the complaint resolution process as needed. B. To promote usage and viewership of Community channels. To create maximum interest in local events, people, places, and issues via community cable television. 2. To provide El Segundo residents, businesses, and organizations an opportunity to produce and participate in community television. 3. To encourage the education of El Segundo students in community television Programming and production. C. Authorizations 1. All producers are responsible for the content of their program and for obtaining all rights necessary to cablecast any program material on the system. All producers are responsible for providing proof that they have obtained in writing all necessary approvals, clearances, licenses, etc. for the use of any program material which the producer cablecasts, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers' representatives, and approvals that may be necessary to transmit program material over the cable television system. D. ESCC Programming 1. ESCC Programs are video programs produced for cablecast by or under the direction of El Segundo Community Cable employees. 2. ESCC programming is subject to ESCC Programming Guidelines. E. Community Programming 1. Community Programs are video programs produced by residents of El Segundo or non - profit organizations based in El Segundo. Community Programs are produced using ESCC facilities and equipment. 2. Community programming is subject to ESCC Programming Guidelines and all Community producers must adhere to Section II "ESCC Community Producer Guidelines" and Section III "Eligibility ". F. Outside Programming 1. Outside Programs, are video programs produced without ESCC resources and submitted for cablecast on ESCC. Outside programs are not necessarily produced by an El Segundo resident, and may or may not cover events that happen within the City limits. Based on available programming time and community interest, outside programs will be cablecast at the discretion of the ESCC Program Manager. 2. Outside programming is subject to ESCC Programming Guidelines. G. Format Requirements 1. All videotapes submitted to ESCC for programming must be supplied on a 3/4" videotape and meet videotape standards: no other format will be accepted unless approved by Program Manager. H. Length of Programs 1. Programs scheduled in half hour time slots must not exceed 28 minutes. 3 sponsors may be given credit at the open of every sponsored program and must be given credit at the end of the program. For programs lasting at least 60 minutes, sponsors may be given credit at the open of every sponsored program and must be given credit at the end of the program. Additional credit breaks are permitted at each "natural" break in the program or event. The total period for all sponsorship credits may be a minimum of fifteen (15) seconds but may not exceed a combined maximum of sixty (60) seconds in length during a single break for credits. e. A "natural" break in the content of the program is not caused or initiated by the television production team. For example, natural breaks occur at the beginning and end of the program, event, or performance; during the intermission of a musical or theatrical stage event, and at "natural breaks in a sporting event (between quarters, half -time, between innings, etc.) However, if the sporting event action "pauses" due to time outs, injuries, etc., these breaks are considered part of the game and /or event and should not be considered an opportunity for sponsorship credit breaks. f. No sponsor's street address may be shown or listed. Terms that call upon the viewer to use products or services are strictly prohibited. Final authority for determining the appropriateness of sponsorship credits is the responsibility of ESCC. 4. Political Programming It is the policy of ESCC to accept for cablecasting, programming containing political subject matter as long as it adheres to all existing guidelines in the ESCC Rules and Regulations and FCC Regulation # 76.205 the latter of which provides: (A) General Requirements. No cable N system is required to permit the use of its facilities by any legally qualified candidate for public office, but if any system shall permit any such candidate to use its facilities, it shall afford equal Opportunities to all other candidates for that office to use such facilities. Such system shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: 1) Bona ride newscast; 2) Bona fide news interview; 3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or 4) On- the -spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of a system. (B) Uses. As used in this section and #76.206, the term "use" means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 76.205 (a 1) -(a4) of this section. (C) Timing of Request. A request for equal opportunities must be submitted to the system within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred., Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. (D) Burden of Proof. A candidate requesting equal opportunities of the system or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. (E) Discrimination Between Candidates. In making time available to candidates for public office, no system shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any system make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates for the same public office. 5 VI. ELIGIBILITY FOR USE OF ESCC FACILITIES OR EQUIPMENT A. Residents 91 C. C E. Any person using ESCC facilities and /or equipment may be required to provide proof of residency in the City of El Segundo. Non - residents Persons who are authorized representatives of an El Segundo based non - profit organization may use ESCC for the purpose of cablecasting programming. In all cases where non - resident individuals request use of ESCC facilities and /or equipment, a written authorization form, signed by the identified member of the institution or organization must be provided. Verification will be conducted by ESCC. Any other non - residents will not be granted access to or use of the ESCC facilities and equipment. Minors (Persons under the age of 18) Permission a. Minors using ESCC must have on file a signed Parental Consent form. The parent or guardian who signs the form assumes responsibility for any liability arising from the minor's use of ESCC facilities and /or equipment. 2. Use a. Certified minors may work in the studio but portable equipment may only be checked out with the written permission of a parent or legal guardian. 3. Limitations a. Although there is no minimum age restriction, if a minor fails to demonstrate the knowledge to handle equipment safely and properly, it is within the discretion of the ESCC Program Manager to refuse that minor a permit to use that equipment. Refusal of Service ESCC reserves the right to suspend or revoke the privilege of any community producer who appears to be under the influence of alcohol or drugs; who interferes with the orderly conduct of business; who refuses to cooperate with or in any way mis- treats ESCC employees, interns or volunteers or what would be considered abuse of said parties; who has misused equipment; failed to return it on time; who has violated any rules found in this document; or has in any other way abused the privilege of using ESCC. Nondiscrimination The community programming channels available on a first come, first served approved priority cablecasts. Only those gramming criteria as set forth herein and cablecast. equipment and facilities shall be made nondiscriminatory basis, except for ESCC programs which meet the El Segundo gro- in the El Segundo Municipal Code shall be b. U on resentation of grievance, the 0iF9GtGF Of R.RG.FAAt;GRand will be granted up to a two (2) month reviewing period, after which time the Director may render his final decision. 3. El Segundo City Council b. Upon presentation of all grievance paperwork, the City Council will have a two (2) month minimum reviewing period, after which time the City Council will render the absolute final decision in not more than four (4) months. Approved by City Council 9/19/95 Revised by the City Attorney and approved by the El Segundo Community Cable Advisory Committee 3/12/03. City of El Segundo MEMORANDUM DATE: May 20, 2003 TO: City Council, City Manager, City Attorney and City Clerk FROM: Jeff Stewart, Assistant City Manager SUBJECT: Agenda Item D.1. —Special Events and City Parks and Facilities Use Ordinances Upon review by staff and Councilmember McDowell, I have incorporated several non - substantive changes to the draft ordinances to be considered at tonight's meeting. The changes are noted in add /delete "legislative style." Please insert the corrected ordinances into your City Council Agenda packet before tonight's meeting. ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 7 -8-1 AND 7 -8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." The city council of the city of El Segundo does ordain as follows: SECTION 1: Chapter 8 to Title 7 of the ESMC, entitled Parades, consisting of §§ 7 -8 -1 to 7 -8- 2 is repealed. SECTION 2: Anew Chapter 8 is added to Title 8 of the ESMC to read as follows: "Chapter 8 USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES. 8-8 -1: Purpose. 8 -8 -2: Definitions. 8 -8 -3: Administration by Director. 8 -84: Notices. 8 -8 -5: Permit requirements. 8 -8-6: Exceptions. 8 -8 -7: Fees. 8-8-8: Right of Administrative Review. 8 -8-9: Time for Administrative Review. 8 -8 -10: Commencement of Administrative Review. 8 -8-11: Administrative Review. 8 -8 -12: City Council Appeal. 8 -8 -13: Application For Permit — Form And Content — All Events. 8 -8 -14: Additional Information Required for Parades. 8 -8 -15: Additional Information Required for Block Parties. 8 -8-16: Supplemental Information Required by the Director. 8 -8 -17: Action on Permit Application — Review by City Officers. 8 -8 -18: Time Requirements — Events. 8 -8 -19: Time Requirements — Block Parties. Page I of 2128 [C:IWINDOWSIDeslaoplSpecia! Events Ordinance. ' May 20, 2003M*) � 8 -8 -20: Time Requirements — Free Speech Event. 8 -8-21: Action on Permit Application — Permit Issuance. 8 -8-22: Action on Permit Application — Permit Denial. 8 -8-23: Alternative time, place, or manner. 8 -8 -24: General Permit Conditions — Indemnification Agreement. 8 -8 -25: General Permit Conditions — Liability Insurance. 8 -8 -26: General Permit Conditions — Notice To Adjoining Property Owners. 8 -8 -27: Special Permit Conditions. 8 -8 -28: Subsequent Conditions. 8 -8 -29: Permit Revocation. 8 -8 -30: Emergency Suspension of Authorized Event. 8 -8 -31: Cordoning Off the Route or Site of an Event. 8 -8 -32: Public Conduct during an Authorized Event. 8 -8 -1: Purpose. This chapter is adopted pursuant to the city's police powers and California Vehicle Code § 21101(e), and any succeeding statute, for the purpose of regulating parades, athletic events, block parties and public assemblies on or within a city street, parking facility, sidewalk or other public rights -of -way that obstruct, delay or otherwise interfere with the normal flow of vehicle or pedestrian traffic, or which do not comply with applicable traffic laws or controls. 8 -8 -2: 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. A. "Athletic event" means any event where a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk, or other public right -of -way, including, without limitation, jogging, running, walking, racing, bicycling, rollerblading, and roller skating. B. "Block party" means a noncommercial 5e6" social gathering on a local, not arterial or collector, street or area requiring partial or complete street closure to vehicular traffic and use of the street for the festival. C. "City Manager" means the city manager or designee. D. "Director" means the city of El Segundo's director of recreation and parks, or designee. E. "Event" means any parade, athletic event, block party or public assembly that Page 2 of 2129 [C "I VINDOWSIDesktOPISpecial Events Ordinance. offkM ns""I ' May 20. 1003M°.. -� may require-partial or complete street closure to vehicular traffic and use of the street for the event. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event. G. "Group" means two or more individuals. H. "In writing" means telegram, facsimile or any other written document. I• "Parade" means any organized march or organized procession of animals, vehicles or persons on or within a city street, parking facility, sidewalk or other public right -of -way. "Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. K. "Public assembly" means any group of people participating in an organized activity on or within a city street, parking facility, sidewalk or other public right - of -way, other than a group of people participating in an athletic event, block party or parade. L. "Public safety officer" has the same definition as set forth in Government Code § 3301, and any successor statute. 8 -8 -3: Administration by Director. The director will receive applications, issue and revoke Permits, and otherwise implement this chapter according to the procedures herein. 8 -84: Notices. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice will be deemed served when personally delivered to such applicant/permittee or when five days following deposited in the first class U.S. Mail, addressed to such applicant/permittee at the applicant/permittee's last known address. B. Unless otherwise provided, written notification to a permittee/applicant of a Permit decision will state with particularity the basis for such decision. Page 3 of 2120 [GIWJNDOWSIDesktOPISpecia! Events Ordinance.doc : Qm+ffaaee%es] May 10. 2003 w,°- 8 -8 -5: Permit requirements. A. It is unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right - of -way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls. B. Activity in subsection (A) of this Section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the director receives the applicant's written acceptance in accordance with this chapter. 8 -8 -6: Exceptions. A special event permit is not required for a parade consisting of a vehicular funeral procession or wedding procession. 8 -8 -7: Fees. A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution. B. Charges will be imposed for city services provided to a permittee other than Public safety and emergency services. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the director determines this necessary. C. Traffic Control Fee. Permittee will pay the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee will be paid by the permittee before the director issues a permit. The traffic control fee may be waived by the director for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant's inability to pay, which will be supported by a financial declaration. Page 4 of 212-8 CC"W/NDOWSIDesktoplSpecial Events Ordinance. OM d d68] May 20, 1003May4 -gg, g; D. Fee Waivers Upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may only be waived for the following applicants: 1. Non -profit groups with current Internal Revenue Code 501(c)(3) status or 5O1(c)(6) status, government agencies, and public schools; or 2. Community service groups or organizations without current Internal Revenue Code 501(c)(3) status or 5O1(c)(6) status where the city council, by resolution, determines that the proposed event provides services that meet community needs and it is in the public interest to waive such fees. ADMINISTRATIVE APPEALS 8 -8 -8: Right of Administrative Review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 8 -8 -9: Time for Administrative Review. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the director's decision is served on the applicanbpermittee. B. If request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 8 -8- 10: Commencement of Administrative Review. A request for administrative review will be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director. 8-8-11: Administrative Review. Page 5 of 2129 [CW/NDOWSIDeshoplSpeciat Events Ordinance.d OW RAxee:.Aeel . May 10, 2003M*Q3•.,-,T.�, „� A. Upon request for administrative review being filed, the director will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the director, the city manager will review the request and, within ten (10) days of receiving the request notice, provide the appellant with a written notification that: 1. The director's decision is affirmed; 2. The director's decision is modified; 3• The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 8 -8 -12: City Council Appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten (10) days of that decision as provided elsewhere in this code or by city policy and procedure. PERMIT APPLICATIONS 8 -8 -13: Application For Permit — Form And Content — All Events. A. Permit applications will be filed by an individual., B. Permit applications will be in a form prescribed by the director and, for all events, will contain all of the following information: The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2• If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the director, written documentation of the authority under Page 6 of 2120 9rdtnanse�es 1C:IW/NDOWSIDeskt0P1Specia! Events Ordinance.do l . May 20, 2003Mo5,-� which the applicant is applying for the permit on behalf of the organization; 3. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; 4. The name, mailing address, and daytime and evening telephone number of any workers to be employed during the event; 5. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; 6. The nature of the event; 7. The proposed date and estimated starting and ending time of the event; 8. The proposed location of the event, including its boundaries; 9. The estimated number of participants in the event; 10. The type and estimated number of vehicles, animals and structures that will be used in the event; 11. A description of any sound amplification equipment to be employed at the event; 12. The number, size, and material of construction of any signs or banners to be used in the event; 13. The parking requirements for the event; 14. The location of any water, first aid, or comfort stations to be provided at the event; 15. The type and number of any vendors who will sell food, beverages or other goods or services at the event for which a business license is required by this code; and 16. The type of entertainment. Page 7 of 2129 iC:IW/NDOWSIDesktoplSpeclal Events Ordinance.do 9r�+nenee:des] May 20, 2003; 8-8-14: Additional Information Required for Parades. In addition to the information required in this chapter, every application for a parade will include the following information: A. The time when units of the parade will begin to assemble; B. The proposed assembly point for the parade; C. The proposed parade route; D. The interval space to be maintained between units of the parade; and E. The estimated duration of the event; and &F. The number, types and size of floats. 8-8-15: Additional Information Required for Block Parties. In addition to the information required by this chapter, every applicant for a block party will include the following information: A. How many occupied houses are within the proposed block party boundaries; B. Drawing of the street layout, block party boundaries and proposed barricades; and C. Petition of at least 2/3 of the property owners /residents on the street within the affected area must show their consent in writing. The petition must clearly state the time, date, place and sponsor of the event. Petitioner information must include name, address, telephone and signature. 8-8-16: Supplemental Information Required by the Director. In addition to the information required this chapter, applications for all permits authorizing an event will include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit authorizing such event in the manner hereinafter provided by this chapter. ACTION ON PERMIT APPLICATIONS 8-8-17: Action on Permit Application — Review by City Officers. A. After an event permit application is filed, the director will immediately forward Page 8 of 2128 1C:IWIND0WSIDeskt0p1Specia1 Events Ordinance.do �desj May 10, 2003Mw,,— � the application to directors, or designees (collectively `reviewing officers ") whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: The fire chief, The police chief; and 3. The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: Any special conditions for a permit; 2. Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and 3• Any additional recommendations. C. The reviewing officers must complete their review within the time that the director must make a decision on the application. 8 -8 -18: Time Requirements — Events. A. Except as provided in this chapter, completed applications for a permit authorizing an event will be filed in the director's office at least: t • Seventy (fig) (50) days before the date of such event to ensure administrative and city council appeals; 2. Thirty (30) business days before the date of such event, in which case the Opportunity for a city council appeal is deemed waived; or 3• A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than thirty Page 9 of 2120 n[C..:�I�W��IN��D�O,WSIDeslaoplSpeceal Events Ordinance.do May 20, 200:M (30)-days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a pen-nit authorizing an event will be denied, approved, or conditionally approved by the director within fifteen (15) business days after receiving the completed application. Following his/her decision, the director will promptly attempt to notify the applicant orally, and will provide written notification to the applicant and the city manager. C. Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the director within five (5) business days after the applicant was served with notification of the decision. Failure of affected persons to receive actual notice of an event after permittee has provided reasonable notice will not invalidate a permit. 8-8-19: Time Requirements — Block Parties. A. Completed applications for a permit authorizing a block party: t • Will be filed in the director's office at least fifteen (15) business days before the date of such event or ten (10) business days if the applicant wishes to waive his/her administrative review rights; 2. Will be denied, approved, or conditionally approved by the director within seven (7) business days after receiving the application. The director will promptly attempt to notify the applicant orally and provide written notification to the applicant and city manager. B. Applicant's acceptance of the approval or conditional approval must be received by the director within Five (5) Three -(3) business days after the applicant is served with notice. Failure to accept the decision or to timely file a request for administrative review will be deemed a withdrawal of the application. C. If the applicant filed a completed application at least fifteen (15) business days before the event and the permit is denied or conditioned, the applicant may request an administrative review to the director in writing within three (3) business days of being served with notice of the decision. D. Applicant will be deemed to have waived his/her administrative review rights Page 10 of 212.0 1C:IW/ND0WSIDes1aop1Speaa1 Events Ordinance.do May 20, 2003Mwe- � should the applicant fail to: 1 • Submit a completed application at least fifteen (15) days before the event; 2• Fail to request review of the director's decision; or E. The director's decision is a final determination. council appeal. There will be no right of city 8 -8 -20: Time Requirements — Free Speech Event. A. Completed applications for a permit authorizing a free speech event: 1 • Will be filed in the director's office at least two (2) business days before the date such is event to ensure an administrative review. The director may, but is not required to, accept a completed application less than two (2) business days before an event upon good cause shown. Applications will not be accepted less than twenty -four (24) hours before an event. 2• Will be denied, approved, or conditionally approved by the director within one (1) business day after receiving the application. The director will Promptly attempt to notify the applicant orally, and provide written notification to the applicant and city manager. Such notice will provide detailed facts and reasons for any denial or conditional approval. 3. The director will consult with the city attorney's office before denying, or specially conditioning, a permit for a free speech event. B. Applicant's acceptance of the approval or conditional approval must be received by the director at least twenty -four (24) hours before the event. Failure to accept the director's decision or to timely file an administrative review request will be deemed a withdrawal of the application. C. The applicant may appeal to the city manager in writing within one (1) business day of either oral or written notification, whichever is first. D. An administrative hearing will be held at a time and place mutually agreeable to Page 11 of 2128 [C "W/NDOWSIDesktoplSpeda! Events Ordinance.do QK4Mnee%ee] May 20, 2003M,3,-� the parties. -If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 P.M. in the city manager's office. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: 1. File a completed application at least two (2) days before an event; 2. Seek review of the director's decision; or 3. Attend the administrative hearing personally or through an authorized representative. 8- 8- 21:Action on Permit Application — Permit Issuance. A. The director will issue a permit if 1. The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit, and 3. Applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public, safety or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian or vehicle traffic and for protecting public or private property. 8 -8 -22: Action on Permit Application — Permit Denial. A permit may be denied for the following reasons: Page 12 of 2128 [C:IWINDOWSIDeshoplSpecia! Events Ordrnance.do May 1 j M a), A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director; C. Information submitted by the applicant is materially false; D. Applicant seeks approval for an event that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion or to overextend public safety or emergency services; E. The event's time, route, or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site or route of the event; F. The concentration of persons, animals, or vehicles at the event, or at the site of an assembly or disbanding, prevents public safety or emergency services from reaching areas at or contiguous to the event; G. The size of the event will overextend public safety or emergency services to the extent that the safety of event participants, attendees, or the remainder of the city will be seriously jeopardized; This provision does not authorize denying a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed; H. The event consists of a parade that will not move from its point of origin to its point of termination in three (3) (4) hours or less;, or an amount of time otherwise approved by the director; The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right -of -way to be occupied by the event; The event will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within; K. The event will occur at a time when a school is in session and along a route or at a Page 13 of 2/2-9 [C.-IW/NDOWSIDeslaoplSpeciat Events Ordinance.do OFE ixensO.des] May 10,1003""°°..�,�-- ^�" ".' location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class; L. The decorative material on parade floats is not fire resistive or flame retardant or motorized parade floats and towing apparatus are not provided with portable fire extinguisher readily accessible to the operator, as provided in the latest adopted edition of the Uniform Fire Code, or any similar provision in subsequent revisions of such code; M. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. 8 -8 -23: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. PERMIT CONDITONS 8 -8 -24: General Permit Conditions — Indemnification Agreement. Permittee will enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event in a form approved by the city attorney's office. Such agreement will be filed with the director before issuance of the permit. 8-8-25: General Permit Conditions — Liability Insurance. A. Insurance Requirements. Permittee will obtain liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance will be based upon the size and nature of the event, the risks foreseeably involved, and will be in the amount prescribed by city council resolution or city policy. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will Page 14 of 2120 [C:IWINDOWSIDesktoplSpecial Events Ordinance.do QMixexse:dee] May 20, 1003""^..,0 , °" ".' include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000. B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than five (5) business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. C. Waiver of Insurance Requirements. The insurance required by this section must be waived by the director for any permit authorizing an event involving an exercise of free speech rights. 8-8-26: General Permit Conditions —Notice To Adjoining Property Owners. The permittee will attempt to notify all affected persons, by any reasonable means, regarding the event's nature, date, and time as specified by the director. Failure of the permittee to give such notice will not invalidate a permit. 8 -8 -27: Special Permit Conditions. A. Grounds for Special Permit Conditions. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements will not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation, the following: 1. Assembly or disbanding area for a parade; 2. Accommodating an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, parking facility, or other public right -of -way; 3. Avoiding substantial interference with public safety and/or emergency service access; Page 15 of 2120 [C:IWINDOWSIDesktoplSpecia! Events Ordinance.do 9rAiaexee:9es] May 10, 1003M• * �^"^' 4. The number and type of vehicles, animals, or structures to be displayed or used in the event; 5. Inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food sales, beverage sales, and/or or sale of other goods or services; 7. Provision and use of traffic cones and barricades; 8. Provision and operation of first aid stations or sanitary facilities, including handicap - accessible sanitary facilities; 9. Provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event; 10. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. The manner for providing notice of permit conditions to event participants; 12. Provision and use of emergency services ; 13. Alternate sites, times, dates or modes for exercising free speech rights; feed, beN,efage of other geeds or. sen,ises a4 the eveff% and 4 -5-14. The manner of which alcohol sales and service, if any, will be conducted and proof of valid ABC license.. 8 -8 -28: Subsequent Conditions. A. Grounds for Special Permit Subsequent Conditions. The director may condition Page 16 of 2129 [C:IWINDOWSOesktoplSpecial Events Ordinance.do 9rdieanee.des] May 20. 2003M '...&� previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. B. Notice of Special Permit Subsequent Conditions. Should subsequent conditions be required, the director will serve written notice on the permittee of this decision. When acting upon information obtained twenty-four (24) hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek administrative review of imposition of subsequent conditions to the city manager as provided in this chapter. The city manager's decision is a final determination. There will be no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There will be no right of city council appeal. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within twenty -four (24) hours of receiving notice of such conditions and the event's purpose is for free speech. 2. The hearing will be at the city manager's office at 4:00 P.M. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. PERMIT REVOCATION /SUSPENSION 8 -8 -29: Permit Revocation. A. The director will revoke an event permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. B. The director may revoke an event permit when the permittee or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking Page 17 of 2129 [C.IWINDOWSIDesktopLSpecial Events Ordinance.doc 9rd inaAO -ABs] May 10.1003M -, a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director will immediately serve written notice of revocation on the permittee and will provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than twenty -four (24) hours before the event commenced, the director will announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice will be delivered after such action to the permittee and city manager. D. An applicant is entitled to an appeals hearing before the city manager provided The applicant appeals the director's decision within forty -eight (48) tivettty €e-- (24}hours of receiving notice of such conditions; and 2. The event is scheduled at least forty-eight (48) hours after the hearing time. The hearing will be at the city manager's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. 4. Content of Notices of Revocation. Any notification of action, whether oral or written, will describe with particularity the facts and the reasons for the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney's office. 8 -8 -30: Emergency Suspension of Authorized Event. The city manager difeete -and any Page 18 of 2129 [CTIWINDOWSIDesktoplSpecia! Events Ordinance.d Qfdmaneedee] May 20.2003""... -• -�^"�' sworn public safety -officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants will immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within twenty -four (24) hours after the suspension, citing with particularity the facts and the reasons for the suspension. CONDUCT OF A PERMITTED EVENT 8 -8 -31: Cordoning Off the Route or Site of an Event. The director of public works, or designee, is authorized and directed to establish traffic and crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the route or site of an event. In addition, the director of public works, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. 8-8-32: Public Conduct during an Authorized Event. A. Interference with Event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in such event. B. Driving Through the Site of Parade or Athletic Event. It is unlawful to drive a vehicle between vehicles or persons traversing the route of a parade or athletic event authorized by a permit when such vehicles or persons are in motion. C. Prohibited Parking. It is unlawful to park along or within any portion of the route or site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." SECTION 3. Repeal of any provision of the El Segundo Municipal Code 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 full 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 Page 19 of 2129 [CIWINDOWSIDesktoplSpectal Events Ordinance. do efdi«aneedeel May 20, 2003Ma "T4 ' "^' effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED AND ADOPTED this _ day of , 2003. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2003, 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 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk Page 20 of 2129 [C:IWINDOWSIDesktoplSpecia! Events Ordinance.do Ar&nenee.dee] May 20. 2003Mey 13, 2009 APPROVED AS TO FORM: Mark D. Hensley, City Attorney Lm Karl H. Berger Assistant City Attorney Page 21 of 2120 [C:IW/NDOWSIDeskiopISpecial Events Ordinance.do erd+xe«spdesl May 20, 2003""ay x0033 ORDINANCE AN ORDINANCE ADDING A NEW CHAPTER 8 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES," AND CONSISTING OF SECTIONS 9 -8 -010 TO 9 -8 -360. The city council of the city of El Segundo does ordain as follows: SECTION 1: A new Chapter 8, entitled "Permits Authorizing Events Conducted in City Parks and Facilities" and consisting of §§ 9 -8 -010 to 9 -8 -360, is added to Title 9 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 8 PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES 9 -8 -010: Purpose. This chapter is adopted for the purpose of regulating public events conducted in city parks and facilities that are operated and maintained by the city recreation and parks department. This chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public's use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this chapter is intended to require any person or organization sponsoring or conducting an event to compensate the general public for all costs incurred in connection with operating and maintaining the parks or park facilities reasonably attributable to that event. 9 -8 -020: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Basic rate" means the fee established by city council resolution for using park Property or facilities. The basic rate is based on a fair share of that part of the overall cost of operating and maintaining the city's parks and facilities reasonably attributable to a permittee's use of city park facilities. B. "City Manager" means the city manager or designee. C. "Director" means the recreation and parks director, or designee. Page 1 of 18 [C..I WINDOWSIDeskxoplPark Permit Ordinance rev.do May 20, 2003 D. "Event" means any of the following: Any activity in a park that is planned for, or carried out in a manner to attract, more than 100 people to attend or participate in the activity; 2. Any activity in which the persons participating in or viewing the activity are charged a fee or solicited for donations; Any activity which includes the sale of food, beverages or merchandise, and/or the rental of equipment or other things; and 4. Any activity where the nature of the activity necessitates reservation of a park, or portion thereof, before the activity for the applicant's exclusive use or where a permit applicant otherwise seeks to reserve a park, or portion thereof, before the activity for the applicant's exclusive use. E. "Event" does not mean any of the following: 1 • Any activity conducted in a park or portion of such park that is sponsored or carried out by another public agency, a private organization, or an individual pursuant to a lease or other agreement between the city and such public agency, private organization, or individual; 2. Filming at a park where the person filming possesses a filming permit issued pursuant to this Code; and 3. Special events that use a park where the person conducting or sponsoring the special event possesses a special event permit issued pursuant to this Code. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event. G. "In writing" means a telegram, facsimile, or any other written document. H. "Park" means any city park or park facility operated or maintained by the recreation and parks department including, without limitation, baseball fields and Playgrounds, but does not include golf courses. "Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. Page 2 of 18 [C. IW/NDOWSIDesktoplPark Permit Ordinance rev.do May 20, 2003 1 9 -8 -030: Administration by recreation and parks director. The city's recreation and parks director is authorized to receive applications, issue and revoke permits, and otherwise implement this chapter. 9 -8 -040: Permit required. Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued by the director pursuant to this chapter. 9 -8 -050: Notices. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class U.S. Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 9 -8 -060: Establishing fees. All fees applicable to this chapter including, without limitation, the basic rate, are established by city council resolution. 9 -8 -070: Application fee. Applications for a permit authorizing an event in a park must be accompanied by an application fee based on the estimated administrative costs incurred by the city for processing applications and issuing permits. 9 -8 -080: Free speech events. The director must waive any fee required by this chapter for any permit authorizing a free speech event upon proof of the applicant's inability to pay, which must be supported by a financial declaration. 9 -8 -090: Basic rate. A condition of issuing a permit is that the permittee pay the city the basic rate as follows: A. Category 1 permittees do not pay the basic rate. Permittees in this category are individuals who reside within the city using parks for personal use (but not for profit) or non -profit organizations with a primary place of business within the city's jurisdiction. Non -profit organizations must provide evidence of their status to the director's satisfaction. Examples of such evidence include, without limitation, articles of incorporation, by -laws, or proof of Internal Revenue Code § 501(c)(3) or 501(c)(6) status. Non -profit organizations may use parks for fundraising activities which will not be considered a for profit event. Page 3 of 18 [C: IWINDOWSIDesktaplPark Permit Ordinance rev.d May 20, 2003 ] B. Category 2 permittees pay the basic rate. Permittees in this category are commercial businesses with a primary place of business within the city's jurisdiction. C. Category 3 permittees pay the basic rate plus ten dollars ($10) or such other amount as may be determined by the director as authorized by council resolution. Permittees in this category include non - resident individuals and non -profit organizations with a primary place of business outside the city's jurisdiction. D. Category 4 permittees pay the basic rate plus an amount determined by the director as authorized by council resolution. Permittees in this category are commercial businesses with a primary place of business outside the city's jurisdiction. E. Category 5 permittees pay the full basic rate plus 25 percent of gross receipts or a negotiated flat fee. Included in this category are permittees, whether located inside or outside the city's jurisdiction, using parks commercially and for financial gain. In determining whether an event is commercial and for financial gain, the director may rely upon any reasonable evidence including, without limitation, advertisements, documentation of entrance fees, or requests to restrict public access to the event. 9 -8 -100: Additional use fee. A condition of issuing a permit is that the permittee must pay the city additional park use fees equal to the city's total estimated cost for providing city personnel and/or equipment, if any, needed to monitor an event or otherwise provide city services for, or in connection with, the event. These fees will be determined by the director based on the estimate of the police chief, fire chief, and/or director as to the number and hours of employment of city personnel necessary to control the event or otherwise provide city services for or in connection with such event. 9 -8 -110: Time for depositing fees. A permit is not valid unless, in addition to the other conditions contained in this chapter, the permittee pays all additional use fees to the city within five (5) business days after a permit is issued. 9 -8 -120: Refunds. A. The director will refund all fees submitted pursuant to this chapter, except for the application fee, if a permittee cancels a permit more than ten business days before the date of an event. B. If a permittee cancels a permit less than ten business days before the event, the Page 4 of 18 [C: I W /NDOWSIDeskrop1Park Permit Ordinance r".d May 20, 2003 e.deel director willsefund fifty (50 %) the basic rate fees and all other fees excluding the initial application fee and any fees for cancelled services such as security, police or insurance incurred by the city. 9 -8 -130: Applications - Time requirements. A. Except as provided in this chapter, completed applications for a permit authorizing an event must be filed in the director's office at least: Fifty $icy days before the date of such event to ensure administrative review and city council appeal; 2. Twenty business days before the date of such event, in which case the Opportunity for a city council appeal is deemed waived; or A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than twenty days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the director within seven business days after receiving the completed application. Following his/her decision, the director must promptly attempt to notify the applicant orally, and will provide written notification to the applicant. C. Unless otherwise provided, the director must receive the applicant's acceptance of the approval or conditional approval within five business days after the applicant was served with notification of the decision. Failure to receive actual notice does not invalidate the permit. 9 -8 -140: Applications for Free speech event — Time Requirements. A. Completed applications for a permit authorizing a free speech event must be filed in the director's office at least: 1 • Thirty -five days before the date of such event to ensure administrative review and city council appeal; Page 5 of 18 [C I WINDOWSIDesktopftrk Permit Ordinance re, May 20, 2003 2. Two -business days before the date of such event in which case the opportunity for a city council appeal is deemed waived; or 3. A time period less than two business days before the date of such event upon good cause shown. Applications will not be accepted less than 24 hours before an event. B. Completed applications will be denied, approved, or conditionally approved by the director within one business day after receiving the application. The director must promptly attempt to notify the applicant orally, and provide written notification to the applicant and director. Such notice must provide detailed facts and reasons for any denial or conditional approval. The director must consult with the city attorney before denying, or specially conditioning, a permit for a free speech event. C. The director must receive applicant's acceptance of the approval or conditional approval at least 48 24 hours before the event. Failure to accept the director `s decision or to timely file an administrative review request is deemed a withdrawal of the application. 9 -8 -150: Application form and content. Permit applications will be in a form prescribed by the director and contain all of the following information: A. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; B. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and, if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; C. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; D. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; E. The nature of the event; F. The estimated duration of the event; F-. G. The proposed date and estimated starting and ending time of the event, including Page 6 of 18 [C IWINDOWSIDesktoplPark Permit Ordinance rev.do May 20, 2003 1 assembly and removal; 6 H. The proposed location of the event, including its boundaries and activity locations; ELI. The estimated number of participants in the event; L Unless the use is prohibited by this code, the type and estimated number of vehicles, animals and/or structures that will be used in the event; J--K- A description of any sound amplification equipment to be employed at the event; ILL. The number, size, and material of construction of any signs or banners to be used in the event; L>M. The event's parking requirements; r�N. The location of any water, first aid, or comfort stations to be provided at the event; ALO. The type and number of any vendors who will sell or prepare food, beverages or other goods or services at the event for which a business license is required by this code; O.P. Whether alcohol will be served at the event; and R--Q. The type of entertainment. 9 -8 -160: Supplemental information required by the director. in addition to the information required this chapter, applications for all permits authorizing an event must include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit. 9 -8 -170: Action on permit application— Review by city officers. A. After an event permit application is filed, the director will promptly forward the application to directors, or designees (collectively `reviewing officers "), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: Page 7 of 18 lC I WINDOWSIDeskmplPark Permit Ordinance rev.do May 20, 2003 1 The fire chief, 2. The police chief; and/or The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: Any special conditions for a permit; Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and 3. Any additional recommendations. C. The reviewing officers should complete their review before when the director must make a decision on the application. 9 -8 -180: Permit issuance. A. The director must issue a permit if The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. The applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter must conform to the general Permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public safety; and/or welfare. 9 -8 -190: Permit denial. A permit may be denied for the following reasons: A. The application is incomplete; Page 8of18 [C: I WINDOWSIDeskloplPark Permit Ordinance rev. do May 20, 2003 ] B. The applicant failed to provide reasonable supplemental application information requested by the director ; C. Information submitted by the applicant is materially false; D. The event's time and/or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site of the event; E. The concentration of persons, animals, and/or vehicles at the event prevents public safety and/or emergency services from reaching areas at or contiguous to the event; F. The size of the event will overextend public safety and/or emergency services to the extent that the safety of event participants, attendees, and/or the remainder of the city will be seriously jeopardized; provided, however, that this does not authorize denying a permit because of the need to protect participants from the conduct of others; G. The location of the event will substantially interfere with previously scheduled construction or maintenance work at the event site; H. The application was not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein; I• The proposed event conflicts or interferes with an event previously permitted, or about to be permitted, for the same location, date, and time; or J. The nature or size of the event threatens to cause significant damage to a park or park property, including, without limitation, landscaping or natural vegetation; provided, however, this does not authorize denying a permit because of threatened damage to a park or park property caused by the actions of persons not conducting such event. 9 -8 -200: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative chapter. time, place, or manner then the director will issue a permit in accordance with this 9 -8 -210: Notice of denial. Where the director denies a permit, the director will serve notice to the applicant and provide copies to the city attorney. Page 9 of 18 [C: IWIADOWSIDeskroplPark Permit Ordinance rev.d May 20, 2003 1 9 -8 -220: Indemnification agreement. Permittees must enter into a hold harmless agreement, in a form approved by the city attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event. Such an agreement will be filed with the director before a permit is issued. 9 -8 -230: Liability insurance. A. Insurance requirements. Except as otherwise provided by this chapter, permittees must obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A: VII." Such insurance must provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. The amount of such insurance will be based upon the city's insurance guidelines and reflect the size and nature of the event and the risks foreseeably involved. Such insurance will name the city and the city's officers, employees, and agents as additional insureds under the coverage afforded. In addition, such insurance must be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00. B. Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than ten business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. 9 -8 -240: Waiver of insurance requirements. The insurance required by this section must be waived by the director for a free speech permit. 9 -8 -250: Special permit conditions. A. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of Persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements are not imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation: Page 10 of 18 1C: IW/ NDOWSIDesktoplPark Permit ordinance rev.do May 20, 2003 ] 1. Accommodating an event's pedestrian and vehicular traffic, including restriction of events to a particular park; 2. Avoiding substantial interference with public safety and/or emergency service access; Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 4. Having city personnel inspecting and approving stages, booths, and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; Providing the city a security deposit for repair and/or additional maintenance if the event uses structures, displays or uses large animals, operates water stations, food sales, beverage sales, and/or sales of other goods or services; 6. Providing and using traffic cones and barricades; 7. Providing and operating first aid stations or sanitary facilities, including sanitary facilities accessible to the disabled; 8. Providing and using garbage containers, and cleaning and restoring the event site upon termination of the event; 9. Using sound amplification equipment, and restricting the amount of noise generated by motors and other equipment used in the course of the event; 10. The manner for providing notice of permit conditions to event participants; 11. Providing and using emergency services; 12. Obtaining any and all licenses or permits required by this Code or California law for the sale or distribution of food, beverages, or other goods or services at the event, including, without limitation, a valid health permit as required by California Health and Safety Code § 113920, and any successor statute or regulation, if food is distributed to the public more than three days in any 90 -day period; Page 11 of 18 [C: IWINDOWSIDeskiopIPark Permit Ordinance rev.do May 20, 2003 l 13. Providing electricity, gas, and water for the event; 14. Providing signage and barricades that may be necessary to avoid conflicts between persons participating in the event and other persons using the park in and around the site of the event or which may be necessary to protect the park, landscaping, or natural vegetation in and around site of the event; 15. Providing monitors and security personnel that may be necessary to safely carry out the event; 16. Permitting access the site of the event through park gates at times when gates are normally closed in order to prepare for an event or to clean up and remove equipment and structures at the conclusion of the event; 17. Permitting overnight camping by persons engaged in preparing for the event or providing overnight security for equipment and structures utilized in such event; and 18. Providing for the manner in which alcohol sales and service, if any, are conducted. 9 -8 -260: Subsequent conditions. A. The director may add additional conditions to previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. 13. Should subsequent conditions be required, the director must serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the director as provided in this chapter. The city manager's decision is a final determination. There is no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There is no right of city council appeal. Page 12 of 18 [C: I WINDOWSIDesla plPark Permit Ordinance rev.do May 20, 2003 ] 1. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within 24 hours of receiving notice of such conditions and the event's purpose is for free speech. 2. The hearing will be at the city manager's office at 4:00 p.m. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. 9 -8 -270: Right of administrative review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 9 -8 -280: Time for administrative review. A. Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the director's decision is served on the applicant/permittee. B. If the request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 9 -8 -290: Commencement of administrative review. A request for administrative review must be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director. 9 -8 -300: Administrative review. A. Upon request for administrative review being filed, the director must promptly provide a copy of the notice to the city manager. B. Upon receiving a request for review from the director, the city manager must review the request and, within ten days of receiving the request. notice, provide Page 13 of 18 [C: I W)'NDOWSIDeskmp (Park Permit Ordinance rev.d May 20, 2003 the appellant-with a written notification that: The director's decision is affirmed; 2. The director's decision is modified; 3. The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day at 4:00 p.m. at the city manager's office. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 9 -8 -310: City council appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten days of that decision as provided elsewhere in this Code or by city policy and procedure. 9 -8 -320: Free speech events. A. The applicant may seek, in writing, administrative review by the city manager within one business day of the director's oral or written notification, whichever is first, of a denial, revocation, or subsequent conditioning. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 p.m. in the city manager's office. The city manager may issue a decision orally at the conclusion of the hearing, but must notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. B. The city manager's decision: 1. Is a final determination without right to city council appeal if applicant waived the applicant's right to city council appeal as provided in this chapter; 2. If the right to city council appeal is not waived, may be appealed to the city council in writing within two business days of either oral or written Page 14 of 18 [Q I WINDOWSIDesktoplPark Permit Ordinance reeds May 20, 2003 1 notification of the city manager's decision, whichever is first. C. Applicant will be deemed to have waived administrative review rights should the applicant fail to: File a completed application at least two days before an event; 2. Seek review of the director's decision; or Attend the administrative hearing personally or through an authorized representative. 9 -8 -330: Permit revocation. A. The director may revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. B. The director may revoke an event permit when the permittee and/or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than 24 hours before the event commences, the director must announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice must be delivered after such action to the permittee and director. D. An applicant is entitled to an appeals hearing before the city manager provided: 1 • The applicant appeals the director's decision within 48 -24 hours of receiving notice of such conditions; and Page 15 of 18 tC: I W/NDOWSIDeskiop1Park Permit Ordinance rev.do May 20, 2003 j 2. The event is scheduled at least 48 hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 p.m. the day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant, and the director in writing of the city manager's decision. E. The city manager's decision is a final determination. There is no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney. 9 -8 -340: Emergency suspension of event. The city manager diresteF and any swom public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants must immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension. 9 -8 -350: Cordoning off the site of an event. The city manager, or designee, is authorized and directed to establish traffic and/or crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake orb actions necessary to cordon off the site of an event. In addition, the city manager, or er director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the site of the event. 9 -8 -360: Public conduct during events. A. Interference with event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal, or vehicle participating or used in such event. B. Prohibited parking. It is unlawful to park vehicles along or within any portion of the site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." 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 Page 16 of 18 1C.' I W/NDOWSIDeskiopIPark Permit Ordinance re .d May 20, 2003 1 effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION I The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 4: This Ordinance becomes effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this _ day of 2003. Mike Gordon, Mayor Page 17 of 18 [C: I WINDOWSIDeskmplpark Permit Ordinance v. re do May 20, 2003 l 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 , 2003, and was duly p y City approved and signed Passed and adopted b said Ci Council, gned by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney LE Karl H. Berger Assistant City Attorney Page 18 of 18 1QIW/ND0WSIDes1aoplPark Permit Ordinance rev.d May 20, 2003 1 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the El Segundo Herald, a newspaper of general circulation, printed and published weekly in the City of El Segundo, County of Los Angeles, and Which newspaper has been adjudged a newspaper of genera circulation by the Superior Court of the County of Los Angeles, State of California, under the date of 5/18, 1934, Case Number 372819; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/8/2003 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at El Segundo, California, this .... 6 ..... day of ..1.!.(.aP6420. 0 ... Signatu ...... .e �.. ... . ... . ........................ ........ r ElHerald Publications 312 E. Imperial Ave. El Segundo, CA 90245 (310) 322 -1830 • Fax (310) 322 -2787 Code # H -15130 This space is for the County Clerk's Filing Stamp Proof of Publication of: EL SEGUNDO HERALD P.O. BOX 188 EL SEGUNDO, CA 90245 Mo310E OF PUIMC MEARM Dale: May 20, 2003 Tone: 7:00 P.M. Pace: Clly Cbkrj ChaaMrs 350 Men Street El Seestax i1RE E area YM Gy CanoM Of 1% C% of El SPWndo ell hop a public earsp be the daa, key MW *m al&n above, for 11a paama aF. Appel by GRS. Inc. (Ga" WauaaloEISepugp MUacgdE 01 1NA1. dacaian darrybg Mull d beeryaM the h' a Iklnse fun forte years, im, 11M8, 1511 and All iMrcaad 200D. be MaN an lM mMse a WPer sold ChMAMM made lalbwnp a puMb he eOPeal d e anllM to the issues aced by evideerce, $ m inl�oremor acilthi cl the hearing For atl k., 310 524 Man Strad, El Calk Ceti nn. Heald 54 3oH-11a51130 RECEIVED MAY 13 2003 PUBLIC WORKS ENGINEERING PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los AngelcS, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the El Segundo Herald, a newspaper of general circulation, printed and published weekly in the City of El Segundo. County of Los Angeles, and which newspaper has bCCil adjudged a newspaper of general Circulation by the Superior Court of the County of Los Angeles, State of California, under the date of 5/18, 1934, Case Number 372819: that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/8/2003 All in the year 2000 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Ell Segundo, California, this .... 9 ..... day of l G 20.0 Z_n .J .............. Signature/ ElHerald Publications 312 E. imperial Ave. El Segundo, CA 90245 (310) 322 -1830 • Fax (310) 322 -2787 Code # H -15130 This space is for the County Clerk's Filing Stamp Proof of Publication of: EL SEGUNDO HERALD P.O. BOX 188 EL SEGUNDO, CA 90245 NOTICE OF PUBLIC HFARMG Data: May 2D, 20D3 Tam: 700 P.M. Mere: Cry Council Chatrpe s 350 Man Stmt El Segundo, CA TAKE NOTICE that the CtY Courmi of the City d El Segundo Will MM a WA hea ng on the date, hone are pace execrated Ism. for the Purpose d: Appal try GRS, M.(Ga"En' CO.) preaatr b E Sagtndo MuitlpeI Cole § H. 15(A). dectun datwk5 refuu0 d weryatd buaileea BrenN Mies br tre Years , 19A8, 1988,1888 atq 200D. All interested pontes she encouraged 0 apper east M heard on toe meta. Note that any appeal of a decision male following a public hearing may N WMad to the issues raised by ""three skenRd before or bung that pudic heamg. For addtimul information contact the City Clerk's Office, 310.524.2307, 350 Man Slrr, EI Segundo, CaMcs- M. Herayl SMX -w30 �r EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an agreement with BOA Architecture for professional architectural design services forthe Refurbishment of the City Council Chambers and Replacement of City Hall Exterior Windows — RFP No. 03 -02 — Approved Capital Improvement Program (estimated cost of service = $31,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the standard consultant agreement with BOA Architecture for $25,900; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Authorize $5,100 for contingencies; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 4, 2003, the City Council authorized staff to solicit proposals from consultants to provide design and construction support services for the Refurbishment of the City Council Chambers and Replacement of City Hall Exterior Windows. (Background & discussion continues on the next page........) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: $459,000 Amount Requested: $31,000 Account Number: 405 - 400 - 0000 -6215 Project Phase: Agreement for professional architectural services Appropriation Required: No ORIGINATED BY: J9 DATE: May 13, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: DATE: Mary Strenn, City Man - r 20030520 - Agreement with for Design Services for Refurbishment of City Caundl Chambers and Replacement of City Hall EAenor Windom - RFP 03 -02 11 1 .J BACKGROUND & DISCUSSION: (continued) Staff mailed or gave out thirty -nine (39) Requests for Proposals. Twenty -one (21) firms attended the mandatory pre - proposal job walk. The City received the following seven (7) proposals: JCM Facilities Planning & Management CDG Interior Design & Architecture RMCA Architecture Design Planning, Inc. LHA Architecture Planning Interiors The Neiman Group JSA Architecture and Planning BOA Architecture Staff reviewed the seven (7) proposals and recommends retaining BOA Architecture to Provide the professional architectural services. BOA Architecture has recently provided satisfactory architectural services in similar work. The Refurbishment of the City Council Chambers and Replacement of City Hall Exterior Windows is included in the adopted fiscal year 2002 -2003 CIP. The proposed Council Chamber remodeling project could include: 1. Modernization of electrical and audiovisual equipment including timers for the public comments microphone; 2. Interior painting including the covering of the brick walls; 3. Constructing a new dais, on a radius, incorporating side tables. The goal is to change the appearance of the room and produce a modern style dais with functional equipment; 4. Incorporating the public address area, public seating, and overflow seating into the design and modernization; 5. Modernization and upgrades to address all code, structural and Americans with Disabilities Act accessibility requirements; 6. Other improvements that may be recommended. The City Hall exterior windows project is a two (2) year project that involves removal of the non - functioning shutter system and replacement of all exterior windows with modern energy efficient windows. The exterior louvers will be removed and window treatments added. The first phase will address the windows facing the City Hall Plaza. The second phase will include the remaining windows. The project will not only enhance the appearance of City Hall, but will also reduce the amount of energy needed to cool or heat the building. The scope of the consultant service includes preparation of plans and specifications for construction, bidding and construction support services at a cost of $25,900. 20030520 - Agreement with for Design Services for Refurbishment of City Council Chambers and Replacement of City Hall 6nenor Windows - RFP 03.02 I - (i EL SEGUNDO CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT AGENDA DESCRIPTION: Consideration and possible action to receive and file the recently completed Workers' Compensation Claims Audit report for the City by George Kingston of George Kingston & Associates. RECOMMENDED COUNCIL ACTION: (1) Receive and file Workers' Compensation Claims Audit report. (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Last year the City Council requested staff to have an audit performed of the City's Workers' Compensation claims program. The City engaged George Kingston & Associates to conduct this audit of claims administration in order to evaluate the appropriateness of services being provided by Southern California Risk Management Associates ( SCRMA). SCRMA has been administering the City's claims for many years and is very familiar with the City's claims management practices, procedures and philosophy. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: —Yes X No ORIGINATED BY: DATE: Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: Mary Strenn, ity Manager 12 11 BACKGROUND & DISCUSSION To complete this study, George Kingston & Associates reviewed 40 (35 open and 5 closed) workers' compensation claims representing about 50% of the approximately 70 open indemnity claims at the time of the review. There were 11 areas of claim administration reviewed by the auditor: Medical Bill Payments, Staffing, Litigation Management, Vocational Rehabilitation, Diary Control, Contact Program, Subrogation, File Documentation, Fines and Penalties, Claim File Control, and Individual Case Reserving. As in the case of most claims administration programs, SCRMA's performance was good in 8 of the 11 areas and can be improved in the other 3. SCRMA's performance is superior to most other claims programs reviewed by the auditor. The Audit of Workers' Compensation Claim Management Program Report will be available in the Administrative Services, Risk Management and Purchasing Divisions. 118 CITY OF EL SEGUNDO MEMORANDUM DATE: May 14, 2003 TO: Honorable Mayor and Members of the City Council Mary Strenn, City Manager FROM: Cathy Domann, Deputy City Clerk RE: Potential Conflicts of Interest on Matters on May 20, 2003 Agenda The following Council Agenda Item(s) may have a potential conflict of interest for the Mayor, Mayor Pro Tern or the Council Members: Item #13 Consideration and possible action regarding a Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 -Beer and Wine) at a new restaurant, Havana Sandwich Company, located at 229 Main Street, EA No. 613, AUP No. 03 -02, and ABC 03 -02. Applicant: Havana Restaurants, Inc. (Possible Conflict — Mayor Pro Tern Jacobs)