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2003 NOV 18 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, NOVEMBER 18, 2003 — 5:00 P.M.
Next Resolution # 4345
Next Ordinance # 1370
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:
tt 1
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 4
matters
1. Salisbury vs. City of El Segundo, WCAB No. MON 0275079
2 Nessel vs. City of El Segundo, WCAB No VNO 0424127
3 Bressi v. City of El Segundo, LASC No. BC288292
4 Bressi v City of El Segundo, LASC No. BC288293
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): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters
1. Labor Negotiators. Bruce Barsook and Mary Strenn, City Manager
Bargaining Units: Supervisory and Professional Employees Association
2. Labor Negotiator: Mary Strenn, City Manager
Bargaining Unit. Police Management Association
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8). -0- matter
SPECIAL MATTERS —
2 U �'
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, NOVEMBER 18, 2003 — 7:00 P.M.
Next Resolution # 4345
Next Ordinance # 1370
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation
PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell
03
PRESENTATIONS -
(a) Commendation presented to Dick Wyckoff, El Segundo Police Department's RSVP of
the Year, for his invaluable contributions to the Retired Senior Volunteer Program.
(b) Commendation to Honeywell for the opportunity given to the El Segundo Firefighters and
surrounding fire agencies to use its property to perform training exercises involving
simulated firefighting and urban search and rescue operations; and, commendation to
Golden Hills for its assistance to the El Segundo Firefighters and surrounding fire
agencies in the training exercises on the Honeywell property involving simulated
firefighting and urban search and rescue operations.
(c) Proclamation declaring the 40th Annual El Segundo Holiday Parade on Main Street on
Sunday, December 7, 2003 from 1:00 pm to 3:00 pm and announcing Barbie as the
Grand Marshall of the Parade.
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
only.
Recommendation - Approval.
B. SPECIAL ORDERS OF BUSINESS
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
4 04
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.
1. Warrant Numbers 2537080 to 2537350 on Register No. 3 in the total amount of
$2,148,515.69 and Wire Transfers from 10125/2003 through 11/06/2003 in the total
amount of $366,637.66.
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.
2. City Council Meeting Minutes of November 5, 2003.
Recommendation — Approval.
3. Consideration and possible action regarding adoption of a resolution reaffirming
designated City Officials having authority to deposit and withdraw money from the
Local Agency Investment Fund (LAIF).
Recommendation — (1) Adopt attached Resolution; (2) Alternatively, discuss and take
other action related to this item.
4. Consideration and possible action regarding an amendment to the Downtown
Specific Plan to establish a Parking In -Lieu Fee Program.
Recommendation — (1) Second reading by title only and adoption of Ordinance; (2)
Alternatively, discuss and take other action related to this item.
5. Consideration and possible action regarding establishing a new parking permit
fee to add Article E to Chapter 8 -5 of the El Segundo Municipal Code.
Recommendation — (1) Second reading by title only and adoption of revised Ordinance;
(2) Alternatively, discuss and take other action related to this item.
5 05
6. Consideration and possible action regarding the adoption of plans and
specifications for the Community Center Project. (Estimated construction cost
$6,000,000).
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise
the project for receipt of construction bids; (3) Alternatively, discuss and take other action
related to this item.
7. Consideration and possible action regarding the extension of contract with LPA,
Inc. for an additional 24 months for work related to the Community Center and
approve change order of $11,500. (No additional appropriations required).
Recommendation — (1) Authorize City Manager to approve contract extension for an
additional 24 months; (2) Approve Change Order #3 of $11,500 to the original purchase
order (no additional appropriations required); (3) Alternatively, discuss and take other
action related to this item.
8. Consideration and possible action regarding a donation of used exercise
equipment from San Antonio College to the Fire Department. Fiscal Impact: None
Recommendation — (1) Authorize the El Segundo Fire Department to accept the donated
equipment; (2) Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding the waiver of fees for city services
associated with Holiday Main Street Parade. (Fiscal Impact $3,000).
Recommendation — (1) Adopt resolution in accordance with ESMC Section 8 -8 -7 (D)(2)
to waive fees for city services associated with the Holiday Main Street Parade; (2)
Alternatively, discuss and take other action on related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
10. Consideration and possible action regarding an amendment to the El Segundo
Municipal Code regarding newsracks.
Recommendation — (1) Discussion; (3) Introduction of Ordinance and waive first reading;
(3) Schedule second reading and adoption of Ordinance on December 2, 2003; (4)
Alternatively, discuss and take other action related to this item.
6 06
11. Consideration and possible action to adopt plans and specifications for the
rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda
Boulevard. (Estimated cost $95,000).
Recommendation — (1) Authorize an allocation of $95,000 from unexpended Gas Tax
funds; (2) Adopt plans and specifications and authorize staff to advertise the project for
receipt of construction bids; (3) Alternatively, discuss and take other action related to this
item.
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 —
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, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or
conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators.
07
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE: 112103
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/25/2003 THROUGH 11/06/2003
Date
10/28/03
10/29/03
10/29/03
10/29/03
10/31/03
11/6/03
11/6/03
11/6/03
10/25-11/6/03
Payee Amount
PGC El Segundo LLC
Federal Reserve
Federal Reserve
Health Comp
Siemens Credit Corp
Health Comp
Employment Development
IRS
Workers Comp Activity
DATE OF RATIFICATION: 11/18/03
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Description
31,028.89
Golf Course Payroll Transfer
200.00
Employee Savings Bonds EE
300.00
Employee Savings Bonds 1
2,140.52
Weekly claims 10/24
44,837.50
Qtrly Energy Payment
1,122.84
Weekly claims 10/31
39,035.27
State Taxes PR 10
185,372.25
Federal Taxes PR 10
62,600.39
SCRMA checks issued
366,637.66
—yy) a J�,-4 77)--K k/4 i I 1 to % 3
Deputy reasu r Date
1A / /- 2 -r-
Dire6t r of Administrative Service Date
//-7`6
Ci Man r Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
366,637.66
Y iJ
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, NOVEMBER 5, 2003 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER Mayor Gordon at 5;00 p.m.
ROLL CALL
Mayor Gordon -
Mayor ProTem Jacobs -
Council Member Gaines -
Council Member McDowell -
Council Member Wernick -
Present — Arrived at 5:05 p.m.
Present
Present — Arrived at 5:05 p.m.
Present
Present
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et se q.) 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)) —
None
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): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters
1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager
Bargaining Units: Supervisory and Professional Employees Association
Labor Negotiator: Mary Strenn, City Manager
Bargaining Unit: Police Management Association
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter
SPECIAL MATTERS — None
RECESS — The City Council recessed at 6:10 p.m. to convene to Open Session to interviews of
candidates for various commissions.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO. 1 2
1.
6:15 PM SESSION
At 6:15 p.m. the Council moved into open session for the purpose of interviewing candidates for
the Senior Citizen Housing Corporation Board and El Segundo Community Cable Advisory
Committee in the West Conference Room, City Hall.
There was Council consensus for appointments as follows:
David Atkinson to the Senior Citizen Housing Corporation Board for a full term expiring June 30,
2007 and David Gilberts to the Community Cable Advisory Committee for a full term expiring
October 31, 2007.
RECESS — The City Council recessed at 6:55 p.m. to convene in Open Session at 7:00 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 2
12
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, NOVEMBER 5, 2003 — 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Gordon at 7:00 p.m.
INVOCATION — Chaplain Jim Rozman of the Los Angeles Air Force Base
PLEDGE OF ALLEGIANCE — Council Member John Gaines
PRESENTATIONS —
(a) Council Member Wernick presented a Proclamation to Fire Chief Angelo observing
November 24, 2003 through December 19, 2003 as the Spark of Love Toy Drive and
encouraging the community to support this holiday program by contributing toys and non-
perishable foods to the El Segundo Fire Department during November 24 through
December 19, 2003.
(b) Mayor Pro Tern Jacobs presented a Proclamation to Corinne Murat and Ron Antonette of
Mattel, Proclaiming November 11, 2003 as "Hot Wheels Day" in observance of the 35th
anniversary of Mattel's Hot Wheels Cars.
(c) Council Member Gaines presented a Proclamation to Veterans of Foreign Wars,
Commander Robert A. Ferrell, in observance of Veterans Day, November 11, 2003.
(d) Council Member McDowell presented a Proclamation welcoming the Austrian Host Students
to El Segundo and proclaiming October 29, 2003 through November 13, 2003 as the
Austrian Host Student Program Day in El Segundo.
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 3
f13
Brian Crowley, resident, spoke regarding agenda items 1, 2 and 14.
Liz Garnholz, resident, spoke regarding questions on agenda items 8, 9, 11 and 17. Also
requested clarification on item 12 dealing with employee benefits.
Juli Potter, resident, spoke regarding questions on agenda items 1, 2, 6, 10, 11, 20, and
22.
Joe Brandin, resident, spoke regarding item 3, the RSI contract costs, and in -lieu of parking fees.
A. 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
Mayor Pro Tern Jacobs left the dias due to a potential conflict with items 1 and 2 with respect to
her real estate interest in a business located at 150 Main Street.
B. SPECIAL ORDERS OF BUSINESS
Consideration and possible action (Public Hearing) regarding an amendment to the
Downtown Specific Plan to establish a Parking In -Lieu Fee Program and adopting a
fee of $12,500 per parking space for the proposed Program.
Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding
an amendment to the Downtown Specific Plan to establish a Parking In -Lieu Fee Program
and adopting a fee of $12,500 per parking space for the proposed Program. He asked if
proper notice of the hearing was done in a timely manner and if any written correspondence
had been received. Deputy Clerk Domann stated that proper notice was completed and no
written communications had been received in the City Clerk's Office.
Mary Strenn, City Manager, gave a report.
Jim Hansen, Director of Community, Economic and Development Services, gave a report.
Liz Garnholz, resident, spoke regarding the one -time fee and parking requirements for
second story occupants /owners.
Joe Brandin, resident, spoke regarding the parking structure contract.
Brian Crowley, resident, spoke regarding the owner /occupancy requirement.
Council consensus to close the Public Hearing.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 4
14
Jim Hansen, Director of Community, Economic and Development Services, responded to
Council questions.
Assistant City Attorney Karl Berger read by title only:
RESOLUTION NO. 4338
A RESOLUTION APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 621 AND SPECIFIC PLAN
AMENDMENT NO. 03 -3, SUBMITTED BY THE CITY OF EL SEGUNDO TO AMEND THE
DOWNTOWN SPECIFIC PLAN TO ESTABLISH A PARKING IN -LIEU FEE PROGRAM
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve
Resolution No. 4338 approving a Negative Declaration of Environmental Impacts for
Environmental Assessment No. 621 and Specific Plan Amendment No. 03 -3, submitted by
the City of El Segundo to amend the Downtown Specific Plan to establish a Parking In -Lieu
Fee Program. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR
GORDON, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER
WERNICK; ABSENT: NONE; NOT PARTICIPATING: MAYOR PRO TEM JACOBS. 4/1/1
Assistant City Attorney Karl Berger read by title only:
ORDINANCE NO. 1368
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN ADDING A PARKING
IN -LIEU FEE PROGRAM (SPECIFIC PLAN AMENDMENT NO. 03 -3)
Council Member Gaines introduced the ordinance.
Council consensus to increase the proposed Calculation of Parking Fees, SECTION 2, of
the Resolution establishing in -lieu fees, to $17,500.
Assistant City Attorney Karl Berger read by title only:
RESOLUTION NO. 4339
A RESOLUTION ESTABLISHING IN -LIEU FEES IN ACCORDANCE WITH THE EL
SEGUNDO DOWNTOWN SPECIFIC PLAN
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve
Resolution No. 4339, establishing In -Lien Fees in accordance with the El Segundo
Downtown Specific Plan, as amended to increase parking fees that can be paid to the City
to $17,500 per parking space. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK; NOES:
NONE; ABSENT: NONE; NOT PARTICIPATING: MAYOR PRO TEM JACOBS. 4/0/1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 5
15
2. Consideration and possible action (Public Hearing) regarding establishing a new
parking permit fee to add Article E to Chapter 8 -5 of the El Segundo Municipal Code.
Mayor Gordon stated this is the time and place hereto fixed for a public hearing regarding
establishing a new parking permit fee to add Article E to Chapter 8 -5 of the El Segundo
Municipal Code. He asked if proper notice of the hearing was done in a timely manner and if
any written correspondence had been received. Deputy Clerk Domann stated that proper
notice was completed and no written communications had been received in the City Clerk's
Office.
Jim Hansen, Director of Community, Economic and Development Services, gave a report.
Brian Crowley, resident, questioned the parking permit fee.
Juli Potter, resident, spoke regarding the decreased parking available on Main Street.
Liz Garnholz, resident, spoke regarding the 200 parking spot assessment with only 100
spaces available.
Council consensus to close the Public Hearing.
Mary Strenn, City Manager, explained the in -lieu program and responded to Council
questions.
Jim Hansen, Director of Community, Economic and Development Services read the
following change into the record regarding the proposed Ordinance:
Master page 82, page 2 of 6 in the ordinance, section 8- 5E -50, B:
1. To any person parking in a permit stall, between the hours of 7:00 a.m. and
6:00 p.m., Monday through Friday, inclusive, holidays excepted, who
possesses a valid parking permit issued pursuant to this article;
Council consensus to include a 12 month sunset clause in the ordinance and to change to
duration the parking permits are valid for to 90 days, 6 months or 1 year.
Assistant City Attorney Karl Berger requested Council postpone consideration of the
resolution and ordinance until later on the agenda so that he could develop appropriate
revised language. Council consensus to delay the consideration of the Resolution and
Ordinance until later in the meeting.
Mayor Pro Tern Jacobs returned to the dias.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO. 6
1i
C. UNFINISHED BUSINESS
3. Consideration and possible action to award agreements to The Jones Payne Group
and Wyle Laboratories, Inc. for design, construction monitoring and construction
testing services related to the Residential Sound Insulation (RSI) Program.
Mary Strenn, City Manager, gave a report.
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to award
professional services consultant Agreement No. 3196 to The Jones Payne Group for Design
and Testing Services, award professional services consultant Agreement No. 3197 to Wyle
Laboratories, Inc., for Construction Monitoring and Oversight Services and post - modification
testing for Bid Groups 3 and 4, related to the Residential Sound Insulation Program.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
4. Consideration and possible action regarding the interviews of candidate(s) to the
Senior Citizen Housing Corporation Board and El Segundo Community Cable
Advisory Committee.
Mayor Gordon announced the following appointments: David Atkinson to the Senior Citizen
Housing Corporation Board for a full term expiring June 30, 2007 and David Gilberts to the
Community Cable Advisory Committee for a full term expiring October 31, 2007.
ITEM NO. 2 CONTINUED FROM EARLIER IN THE MEETING
2. Consideration and possible action (Public Hearing) regarding establishing a new
parking permit fee to add Article E to Chapter 8 -5 of the El Segundo Municipal Code.
Assistant City Attorney Karl Berger read by title only:
RESOLUTION NO. 4340
A RESOLUTION DESIGNATING AREAS WHERE PARKING PERMITS MAY BE USED
AND ESTABLISHING FEES FOR SUCH PERMITS IN ACCORDANCE WITH ARTICLE E
TO CHAPTER 8 -5.
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to
approve Resolution No. 4340 designating areas where parking permits may be used and
establishing fees for such permits in accordance with Article E to Chapter 8 -5. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBERS
GAINES, MCDOWELL AND WERNICK; NOES: NONE; ABSENT: NONE; NOT
PARTICIPATING: MAYOR PRO TEM JACOBS. 4/0/1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 7
1 �'
Assistant City Attorney Karl Berger read the following changes into the record pertaining to
Ordinance No. 1369:
Master page 84, ordinance page 4 —
8 -5E -110: Duration.
Parking permits are valid for ninety (90) days, six (6) months, or one (1) year.
Master page 85, ordinance page 6 -
SECTION 2: This ordinance will be automatically repealed one (1) year from its
effective date. The Council may take action to remove this section before the date of
repeal.
Also noted that previous sections 2 through 4 renumbered 3 through 5.
Assistant City Attorney Karl Berger read by title only:
ORDINANCE NO. 1369
AN ORDINANCE ADDING ARTICLE E TO CHAPTER 8 -5, ENTITLED "PARKING
PERMITS" TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW
PREFERENTIAL PARKING IN IDENTIFIED AREAS WITHIN THE CITY'S JURISDICTION.
Council Member Gaines introduced the ordinance.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business.
5. Approved Warrant Numbers 2536701 to 2537079 on Register No. 2 in the total
amount of $1,092,183.42 and Wire Transfers from 10/11/2003 through 10/24/2003 in
the total amount of $270,026.47. Authorized staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreement;
emergency disbursements and /or adjustments; and wire transfers.
6. PULLED BY COUNCIL MEMBER GAINES DUE TO A POTENTIAL CONFLICT
7. Approved plans and specifications for the Residential Sound Insulation Program's Bid
Group 4 (72 residences). Authorized staff to advertise an Invitation for Bids for
General Contractors for Bid Group 4.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 8
is
8. Approved five -year Memorandum of Understanding between the City of El Segundo
and the International Association of Firefighters (I.A.F.F.), Local 3682, Agreement
No. 3270 and Resolution No. 4341 approving Memorandum of Understanding.
9. Approved five -year Memorandum of Understanding between the City of El Segundo
and the El Segundo Police Officers' Association, Agreement No. 3271 and
Resolution No. 4342 approving Memorandum of Understanding.
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
11. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
13. Authorized the City Manager to execute standard Professional Services Agreement
No. 3272 with Westchester Medical Group for FY 2003/04 for annual fitness - for -duty
and executive physical examinations.
14. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
15. Approved Boeing Satellite Systems' request to place a temporary oversized sign for a
period of two months, on the north side of its building at 1950 East Imperial Highway.
Applicant: Boeing Satellite Systems.
16. PULLED BY MAYOR GORDON DUE TO A POTENTIAL CONFLICT
17. Approved Resolution No. 4343 accepting the Jobs Housing Balance Incentive Grant
of $6,500 from the State of California Department of Housing and Community
Development. Authorized the City Manager to sign Agreement No. 3247 approved
as to form by the City Attorney.
18. Accepted the work as complete for Imperial Avenue Vista Upgrade (400 block of East
Imperial Avenue) — Approved Capital Improvement Program — Project No. PW 01 -18.
(Final Project Cost $146,756.39). Authorized the City Clerk to file the City Engineer's
Notice of Completion in the County Recorder's Office.
19. Accepted the work as complete for Recreation Park Electrical Upgrades — Approved
Capital Improvement Program — Project No. PW 01 -05. (Project Cost $521,476.97)
Approved Change Order #3 in the amount of $28,511.86. Authorized the City Clerk
to file the City Engineer's Notice of Completion in the County Recorder's Office.
20. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT
21. Approved issuance of a purchase order to A -1 Sandblasting and Stucco Company for
sandblasting the Civic Center Plaza area. (Estimated cost $14,500).
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 9
19
22. Approved amendment to Civil Works Corporation Contract No. 3212 for an additional
amount of $32,040 for curb, curb and gutter, sidewalk and other minor improvements.
(Total contract amount $82,040)
23. Approved First Amendment to Agreement No. 2852 to the revocable lease for leasing
City property to New York Food Company. Authorized the City Manager to execute.
24. Waived fees for city services associated with the Candy Cane Lane Program. (Fiscal
Impact $100).
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to
approve consent items 5, 7, 8, 9, 13, 15, 17, 18, 19, 21, 22, 23 and 24. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
6. City Council Meeting Minutes of October 21, 2003.
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to
approve the City Council Meeting Minutes of October 21, 2003. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES NOT PARTICIPATING AS
HE WAS ABSENT FROM THE MEETING.
10. Consideration and possible action regarding a revised class specification and salary
range for the job classification of Director of Administrative Services.
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt
Resolution No. 4344, establishing a revised salary range for the job classification of Director
of Administrative Services and approve the revised class specification for Director of
Administrative Services. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES:
MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND
MCDOWELL; NOES: COUNCIL MEMBER WERNICK; ABSENT: NONE; NOT
PARTICIPATING: NONE. 4/1
11. Consideration and possible action regarding an amendment to the City Manager's
employment agreement granting a salary increase effective July 1, 2003, and a
salary increase effective July 1, 2004.
MOVED by Mayor Gordon, SECONDED by Mayor Pro Tern Jacobs to approve Amendment
Five to the City Manager's employment agreement granting a salary increase effective July
1, 2003 and a salary increase effective July 1, 2004. MOTION PASSED BY THE
FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS,
COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER
WERNICK, STATING SHE WAS OBJECTING TO THE TWO -YEAR TERM OF THE
AGREEMENT NOT THE SALARY INCREASE; ABSENT: NONE; NOT PARTICIPATING:
NONE. 4/1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 10
12. Consideration and possible action regarding a report from staff on the status of City -
provided medical insurance benefits.
MOVED by Council Member Wernick, SECONDED by Council McDowell to receive and file
staff report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
14. Consideration and possible action regarding adoption of an ordinance amending
amending the 124th Street Specific Plan pursuant to El Segundo Municipal Code §§
15 -3 -2 (Specific Plan Zones) to allow parking as an additional permitted use.
Applicant: The Aerospace Corporation. Property Owner: The Aerospace
Corporation.
MOVED by Council Member Wernick, SECONDED by Council Member Gaines to adopt
Ordinance No. 1367, amending the 124th Street Specific Plan pursuant to El Segundo
Municipal Code §§ 15 -3 -2 (Specific Plan Zones) to allow parking as an additional permitted
use. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
16. Consideration and possible action regarding acceptance of the project for the
construction of Camp Eucalyptus at 641 California Street, Approved Capital
Improvement Program — Project No. PW 02 -16. (Total Construction Cost $357,987).
MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to accept
the work as complete for construction of Camp Eucalyptus at 641 California Street,
approved Capital Improvement Program — Project No. PW 02 -16. Approved Change Order
No. 1 in the amount of $38,987. Authorized the City Clerk to file the City Engineer's Notice
of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING DUE A POTENTIAL
CONFLICT.
20. Consideration and possible action regarding Change Order No. 1 for $218,650 to
Sequel Contractor's Inc., for construction of the Downtown Specific Plan
Improvements — Approved Capital Improvement Program. (Change Order Amount
$218,650)
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve
Change Order No. 1 for $218,650 to Sequel Contractor's Inc., for construction of the
Downtown Specific Plan Improvements — Approved Capital Improvement Program.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM JACOBS NOT
PARTICIPATING DUE TO A POTENTIAL CONFLICT.
F. NEW BUSINESS - NONE
G. REPORTS — CITY MANAGER — Reported on the El Segundo Fire Department mutual aid
support in the recent wildfires.
H. REPORTS — CITY ATTORNEY — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 11
21
I. REPORTS — CITY CLERK — NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member McDowell — Thanked the Fire Department for their support in the recent
fires. Noted that on Thursday, November 13th the second Author Fair will be held at the
Public Library.
Council Member Gaines — Spoke regarding the recent wild fires and the participation of the
El Segundo Fire Department. Spoke regarding the September 11th Memorial and the
thanks expressed by the Keller family.
Council Member Wernick — Spoke regarding the Halloween Frolic, the Spark of Love
Holiday Program and the recent wild fires.
Mayor Pro Tern Jacobs — Reported the Chamber of Commerce Legislative Affairs Meeting.
Mayor Gordon — Spoke regarding the 1957 Murder Case of El Segundo Police Officers
which would be showing on the A & E Program.
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 Brandin, resident, spoke regarding the construction costs of the new parking structure.
Dan Erhler, Chamber of Commerce, spoke regarding the 40th Annual Holiday Parade, on
December 7, 2003.
Brian Crowley, resident, spoke regarding the in -lieu parking fee.
Thomas Dickton, resident, spoke regarding the Sound Insulation Program.
Liz Garnholz, resident, spoke regarding lack of response to questions asked on agenda items.
Juli Potter, resident, spoke regarding the status of the Heritage Stones.
Peggy Tyrell, spoke, regarding the diagonal parking occurring on Main Street.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO. 12
22
MEMORIALS — In memory of Elizabeth Helen Patterson, Woody McCain, Vivian "Tiny" Collings
and Randy Fowler; Novato Fire Protection District Firefighter Steven L. Rucker and all who lost
their lives in the recent Southern California wildfires.
CELEBRATIONS — The birth of Allison Matheny, born October 10, 2003 to Kim and Brad Matheny.
ADJOURNMENT at 9:40 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 2003
PAGE NO 13
23
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of a resolution reaffirming designated
City Officials having authority to deposit and withdraw money from the Local Agency
Investment Fund (LAIF).
RECOMMENDED COUNCIL ACTION:
1) Adopt attached Resolution
2) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION:
To improve efficiency of the day -to -day Local Agency Investment Fund LAIF investment
transactions including, deposits, and withdrawals, the City Treasurer is requesting that the City
Council adopt the attached Resolution, which reaffirms the authority of the Deputy City
Treasurer to act on his behalf when necessary. These responsibilities will be limited to only
deposits and withdrawals and information requests. All other changes to the LAIF account
require City Council action.
This authority can only be granted and reaffirmed by City Council Resolution.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: NONE
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: _ Yes _ No
ORIGINATED BY: DATE:
Ralph E. IlLanphere, City Treasurer 1' 6/1 3--
REVIEWED BY: DATE:
Mary nn, City Manager
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE INVESTMENT OF CITY MONIES IN THE
LOCAL AGENCY INVESTMENT FUND.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Pursuant to Chapter 730 of the statues of 1976, Section 16429.1 was
added to the California Government Code to create a Local Agency
Investment Fund in the State Treasury for the deposit of money of a local
agency for purposes of investment by the State Treasurer; and
B. The deposit and withdrawal of money in the Local Agency Investment
Fund in accordance with the provisions of Section 16429.1 of the
Government Code for the purpose of investment as stated therein is in the
best interests of the City of El Segundo.
C. The deposit and withdrawal of money in the Local Agency Investment
Fund in the State Treasury in accordance with the provisions of Section
16429.1 of the Government Code for the purpose of investment as stated
therein, and verification by the State Treasurer's Office of all banking
information provided in that regard.
SECTION 2: The following City Treasurer, City Manager and Deputy City
Treasurer or their successors in office shall be authorized to order the deposit or
withdrawal of monies in the Local Agency Investment Fund:
Ralph E. Lanphere Mary Strenn Mary M. Kobus
City Treasurer City Manager Deputy City Treasurer
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of
its adoption in the City's records and in the Minutes of the meeting when it was
adopted.
25
SECTION 5: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this day of
2003.
Mike Gordon, Mayor
ATTEST:
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Resolution No. was duly passed and adopted by said
City Council, approved and signed by the Mayor, and attested to by the City
Clerk, all at a regular meeting of said Council held on the 21st day of October
2003, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPRO
Mark D.
4/� / /
By. .
t
Assistant City/Attorney
26
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding an amendment to the Downtown Specific Plan to
establish a Parking In -Lieu Fee Program.
RECOMMENDED COUNCIL ACTION:
1) Second reading by title only and adoption of Ordinance; or,
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On November 5, 2003, the City Council held a public hearing to consider the above referenced
amendment. The City Council adopted Resolution No. 4339 adopting an In -Lieu Fee in the
amount of $17,500 and adopted Resolution No. 4338 approving Environmental Assessment
No. 621. The City Council also introduced Ordinance No. 1368 for Specific Plan Amendment
No. 03 -3.
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. Ordinance No. 1368
FISCAL IMPACT:
Operating Budget: NIA
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: Yes x No
ORIGINATED BY: DATE:
r c.. isetliz / r,3
Hansen, Director of Community, Economic and Development Services
t3c,uh A&r% Gv• nwTr.
2'1 4
ORDINANCE NO. 1368
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN
ADDING A PARKING IN -LIEU FEE PROGRAM (SPECIFIC PLAN
AMENDMENT NO. 03 -3)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On July 24, 2003, the City initiated the process to amend Downtown
Specific Plan (DSP) to create a parking in -lieu fee program. The
application was reviewed by the City's Department of Community,
Economic and Development Services for, in part, consistency with the
General Plan and conformity with the El Segundo Municipal Code
( "ESMC ");
B. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal.
Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
C. The Department of Community, Economic and Development Services
completed its review and scheduled a public hearing regarding the
application before the Planning Commission for October 9, 2003;
D. On October 9, 2003, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including, without limitation, information provided to the Planning
Commission by city staff; and, adopted Resolution No. 2555
recommending that the City Council approve the proposed project;
E. On November 5, 2003 the City Council held a public hearing to receive
public testimony and other evidence regarding the application including,
without limitation, information provided to the City Council by Department
of Community, Economic and Development Services, and adopted
Resolution No. 4338 approving Environmental Assessment No. 621 for
Specific Plan Amendment No. 03 -3; and,
F. On November 5, 2003 the City Council held a public hearing and
considered the information provided by City staff and public testimony.
This Ordinance and its findings, are made based upon the evidence
presented to the Council at its November 5, 2003 hearing including,
without limitation, the staff report submitted by the Department of
Page 1 of 4 28
Community, Economic and Development Services.
SECTION 2: Specific Plan Findings. After considering the above facts, the
Commission finds as follows:
A. The General Plan Land use designation for the project is Downtown
Specific Plan.
B. The proposed amendment to the Downtown Specific Plan is consistent
with the General Plan land use designation for the properties involved.
C. The proposed amendment to establish a parking in -lieu fee would further
General Plan goals, objectives, and policies to preserve and maintain the
City's downtown (Objective LU1 -4), help create and integrated,
complimentary, and attractive multi -use downtown (Objective LU 4 -2), and
would revitalize and upgrade commercial areas (Policy LU- 4 -2.1) by
creating the opportunity for growth in the downtown area.
D. This amendment could facilitate the construction of additional floor area in
the DSP that is already permitted to occur by providing a mechanism for
on -site parking to be eliminated through the payment of a parking in -lieu
fee.
SECTION 3: Approvals. The Council amends Chapter VII, Section 3, subsection c. of
the Downtown Specific Plan to read as follows:
"c. Parking Reductions:
i) Parking Demand Study. The Director of Community, Economic and
Development Services may modify the required number of parking
spaces or approve joint use or off -site parking, for fewer than 10
spaces, based on the submittal of a parking demand study.
Reductions of 10 or more spaces require Planning Commission
approval. Additionally, for any use for which the number of parking
spaces is not listed, the Director of Community, Economic and
Development Services or Planning Commission will specify the
required number of spaces based on a parking demand study. A
parking demand study must include, without limitation, information
specifying the number of employees, customers, visitors, clients,
residents and owner - occupancy of residence and business (for
existing legal non - conforming residential uses), shifts, deliveries,
parking spaces, or other criteria established by the Director of
Community, Economic and Development Services. The study may
also include the use of valet or attendant parking.
ii). Parking In -Lieu Fees
29
Page 2 of 4
a. The number of parking spaces required by this chapter because
of adding new floor area to an existing building or constructing a
new building may be reduced by paying a parking in -lieu fee in
an amount set by City Council resolution.
b. Any residential unit constructed after the effective date of the
ordinance adding the in -lieu fee option, which is subsequently
converted to a non - residential use, must provide parking as
required by this chapter for such use or pay a parking in -lieu fee
for the floor area converted to the non - residential use.
c. The parking in -lieu fee must be paid before the City issues a
Certificate of Occupancy. Funds collected by the City from such
payments must be deposited in a separate fund and cannot be
commingled with any other City fund. Monies from the in -lieu
fund may only be used for acquiring and developing additional
parking and related facilities, including, without limitation,
acquisition or development of parking stalls in private parking
facilities, needed for the downtown. Funds paid to the City for in-
lieu parking are non - refundable.
d. Parking provided by the City will be developed within or
adjacent to boundaries of the Downtown Specific Plan. Payment
of a parking in -lieu fee does not provide or vest any property
owner with a special right, privilege or interest of any kind in any
parking facility that may result from the payment of the fee.
There is no guarantee that the City will build parking at any
particular time or that it will build parking in a location that will be
of advantage to the property owner paying the fee."
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.
Page 3 of 4 30
SECTION 6: This Ordinance will become effective on the thirty-first (31 st) day following
its passage and adoption.
PASSED AND ADOPTED this 18th day of November, 2003.
Mike Gordon, Mayor
APPROVED AS TO FORM:
By:
Mark D. Herisley, City Attorney
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 5th day of November 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 18th day of November, 2003, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
P \Planning & Budding Safety \PROJECTS \600 - 627 \Ea - 621 \ea -621 ORD doc
Page 4 of 4 31
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding establishing a new parking permit fee to add
Article E to Chapter 8 -5 of the El Segundo Municipal Code.
RECOMMENDED COUNCIL ACTION:
1) Second reading by title only and adoption of revised Ordinance; or,
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On November 5, 2003, the City Council held a public hearing to consider the above referenced
addition to the Municipal Code. The City Council adopted Resolution No. 4340 establishing a
parking permit fee. The City Council also introduced Ordinance No. 1369 adding Article E to
Chapter 8 -5 of the Municipal Code and had a first reading. The Council revised the ordinance
before it was introduced:
1. to offer the sale of permits on a quarterly and semi - annual as well as annual basis;
2. to automatically repeal the approval of the sale of permits at the end of one year
unless otherwise directed by Council; and
3. to allow permit parking between 7:00 A.M. and 6:00 P.M.
The revised 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. Revised Ordinance No. 1369
FISCAL IMPACT:
Operating Budget: N/A
Amount Requested: NIA
Account Number: N/A
Project Phase: N/A
Appropriation Required: Yes x No
OR IG ATED BY: DATE:
/L
Ja es . Hansen, Director of Community, Economic and Development Services
BY
DATE:
Mary -OW , City Manager
32
5
ORDINANCE NO. 1369
AN ORDINANCE ADDING ARTICLE E TO CHAPTER 8 -5, ENTITLED
"PARKING PERMITS" TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL
CODE TO ALLOW PREFERENTIAL PARKING IN IDENTIFIED AREAS
WITHIN THE CITY'S JURISDICTION.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: Article E, entitled "Permit Parking," and consisting of §§ 8 -5E -10 to 8 -5E-
140, is added to Chapter 8 -5 of the El Segundo Municipal Code ( "ESMC ") to read as
follows:
"Article E
PERMIT PARKING
8- 5E -10: Purpose.
8- 5E -20: Definitions.
8-5E-30: Application of regulations.
8- 5E -40: Appeals.
8- 5E -50: Parking Prohibited; Exceptions.
8- 5E -60: Additional prohibitions.
8- 5E -70: Parking Permits.
8- 5E -80: Parking Permits — Application.
8- 5E -90: Fees.
8 -5E -100: Issuance.
8 -5E -110: Duration.
8 -5E -120: Permit denial.
8 -5E -130: Permit Form.
8 -5E -140: Display.
8 -5E -150: Transferability.
8 -5E -160: Notice.
8- 5E -10: Purpose.
This article is adopted pursuant to the city's police powers and California
Vehicle Code § 22507, and any successor statute or regulation, to allow
permit parking in specified areas within the city's jurisdiction.
Page l of 6
3 3
8- 5E -20: 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. "Administrator" means the administrative services director, or designee.
B. "Permit stall" means a parking stall reserved for persons possessing a
valid parking permit issued pursuant to this chapter.
C. "Specified area" means locations within the city's jurisdiction designated
by city council resolution as parking permit areas.
8- 5E -30: Application of regulations.
The time limitations on standing or parking in this code will not relieve any
person from the duty to observe other and more restrictive provisions of
the California Vehicle Code or this code prohibiting or limiting the standing
or parking of vehicles in specified places or at specified times.
8- 5E-40: Appeals.
Every person who is issued a notice of parking violation pursuant to this
chapter may request review of that notice under California Vehicle Code
§§ 40215 et seq.
8- 5E -50: Parking Prohibited; Exceptions.
A. Except as otherwise provided in this section, it is unlawful for any person
to park or leave standing any vehicle on any street or structure in a
specified area for more than two (2) hours between 7:00 a.m. and 6:00
p.m. Monday through Fridays, inclusive, holidays excepted.
B. Exceptions. This section does not apply:
To any person parking in a permit stall, between the hours of 7:00
a.m. and 6:00 p.m., Monday through Friday inclusive, holidays
excepted, who possesses a valid parking permit issued pursuant to
this article;
2. To any person holding a valid handicap permit issued pursuant to
this code or the California Vehicle Code; or
Page 2 of 6
3,1
3. To any public emergency vehicle.
8- 5E -60: Additional prohibitions.
A. It is unlawful for any person to falsely represent themselves as eligible for
a parking permit under this article or to furnish false information in an
application for a parking permit.
B. It is unlawful for any person to copy, produce, or otherwise bring into
existence a facsimile or counterfeit parking permit.
C. It is unlawful for any person to knowingly use or display a facsimile or
counterfeit parking permit, with intent to evade prohibitions or limitations
on parking in a specified area.
8- 5E -70: Parking Permits.
A. Persons holding a valid permit issued pursuant to this article may park a
vehicle in a permit stall regardless of the time restrictions set forth above.
B. The administrator is authorized to issue parking permits pursuant to this
article.
8- 5E -80: Parking Permits — Application.
Every person seeking a parking permit must file an application with the
administrator containing the following:
A. The applicant's name, address and phone number;
B. Additional information the administrator may reasonably require;
C. The applicant must sign an application under penalty of perjury.
8- 5E -90: Fees.
A. Applicants for permits issued pursuant to this chapter must pay to the city
a fee in an amount established by city council resolution.
B. Failure to pay the fee in accord with city council resolution, or policies and
procedures promulgated by the administrator, results in the automatic
termination of a parking permit issued pursuant to this article.
Page 3 of 6
35
8 -5E -100: Issuance.
A. The administrator must issue a permit if:
1. The application was complete in accordance with this article;
2. The applicant paid all fees for the parking permit;
3. There are no grounds for denying the permit; and
4. The applicant accepts the permit in writing.
B. Use of any permit issued pursuant to this article must conform to the
general permit conditions of this article.
8 -5E -110: Duration.
Parking permits are valid for ninety (90) days, six (6) months, or one (1)
year. Upon expiration, the applicant may apply for and be granted
additional parking permits if the applicant still qualifies under the
conditions set forth in this article.
8 -5E -120: Permit denial.
A permit must be denied if the administrator finds that:
A. The applicant is not a bona fide city resident or person employed by a
business located within the city's jurisdiction;
B. Information submitted by the applicant is materially false;
C. The number of permits issued exceed the number of permit stalls
available for use by permittees; or
D. The applicant violated any provision of this article.
8 -5E -130: Permit Form.
Permits issued pursuant to this article must be in a form prescribed by the
administrator and will include the date of issuance and expiration date.
Page 4 of 6
36
8 -5E -140: Display.
All permits must be placed so that it is clearly visible from the exterior of
the vehicle.
8 -5E -150: Transferability.
Permits issued pursuant to this article may not be transferred to persons
other than an applicant's bona fide employee. Any transfer of a permit in
violation of this article renders the permit void.
8 -5E -160: Notice.
Signs giving reasonable notice of the prohibitions contained in this section
must be erected within the specified areas as required by the California
Vehicle Code."
SECTION 2: This Ordinance will be automatically repealed one (1) year from its
effective date. The Council may take action to remove this section before the date of
repeal.
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 5: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this day of , 2003.
Mike Gordon, Mayor
Page 5 of 6
37
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
APPROVED
Mark D. Hen
la
A M.
r
rl H: Berger, A;
Page 6 of 6
City Attorney
3U
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of plans and specifications for the
Community Center Project. (Estimated construction cost = $6,000,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt plans and specifications;
2. Authorize staff to advertise the project for receipt of construction bids;
3. Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On March 18, 2003, City Council approved the environmental assessment and authorized staff
to develop the construction documents and specifications for the Community Center project.
Construction documents and specifications have been substantially completed and are ready
to be advertised for bid. The bid opening will take place on January 20, 2004. Staff will return
to City Council at the second meeting of February with winning bid. It is anticipated that
construction will be begin May 1, 2004, and be completed August 1, 2005.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Capital Improvement: $7,138,400 (includes funding in FY 2002 -2003 $500,000).
Amount Requested: N/A
Account Number: 301 - 400 - 8202 -8490
Project Phase: Bid
Appropriation Required: —Yes X No
ORIGINATED BY:
DATE:
nsen, Director of Community, Economic and Development Services
REVIEWED BY: DATE:
Mary Strenn, City Manager
39
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the extension of contract with LPA, Inc for an
additional 24 months for work related to the Community Center and approve change order of
$11,500. (No additional appropriations required)
RECOMMENDED COUNCIL ACTION:
1. Authorize City Manager to approve contract extension for an additional 24 months;
2. Approve change order #3 of $11,500 to the original purchase order (No additional
appropriations required);
3. Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On August 2, 2001 City Council approved the a contract with LPA, Inc for the development of
the Recreation Park Master Plan and construction documents for the new Community Center
project. The design of the Community Center is substantially completed and will be released
for bid. The contract has expired and needs to be extended so that LPA can complete their
scope of work of construction administration. Staff is requesting an extension of LPA's
contract for an additional 24 months until December 1, 2005.
(Continued)
ATTACHED SUPPORTING DOCUMENTS:
Contract Amendment
FISCAL IMPACT:
Operation Budget: $677,000
Amount Requested: $11,500
Account Number: 301 - 400 - 8202 -8490
Project Phase: N/A
Appropriation Required: —Yes X No
ORIGINATED BY: DATE:
l / //Z 10-7
Janges Fyansen, Director of Community, Economic and Development Services
REVIEWED BY: DATE:
/V
Mary Stren ?,City Manager ���
�V
BACKGROUND & DISCUSSION (Cont):
During development of construction documents additional work required by the consultant was
required due to the changes in National Pollution Discharge Elimination System ( NPDES)
regulations. The changes were not foreseen at the time the original contract was signed.
Therefore, an additional $11,500 is required for proper compliance with the City's NPDES
requirements.
41
AMENDMENT NUMBER ONE
TO PROFESSIONAL SERVICES AGREEMENT NO. 2910
BETWEEN THE CITY OF EL SEGUNDO AND LPA, INC.
THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 18th day of
November 2003, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation existing under the laws of California ( "CITY "), and LPA, Inc.,
( "CONSULTANT ").
1. Pursuant to Agreement No. 2910 ( "Agreement "), executed by the parties on or
about August 2, 2001, the term of the agreement is extended until December 1,
2005.
2. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitute one instrument executed on
the same date.
3. Except as modified by this Amendment, all other terms and conditions of
Agreement No. 2910 remain the same.
CITY OF EL SEGUNDO LPA, Inc.
Mary Strenn,
City Manager
Date:
ATTEST:
Cindy Mortesen, City Clerk
APPROVED T RM:
Mark D. H sle , rney
e
Karl H. Be er,
Assists Ci Attorney
By:
STEVE Kendrick, Principal
Date:
42
EL SEGUNDO CITY COUNCIL MEETING DATE: NOVEMBER 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding a donation of used exercise equipment from San
Antonio College to the Fire Department. Fiscal Impact: None.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the El Segundo Fire Department to accept the donated equipment;
(2) Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
San Antonio College would like to donate two pieces of used exercise equipment: a bench
press and squat rack. An inspection was performed on both units by a department
firefighter with expertise in both physical fitness programs and exercise equipment. They
are in good condition and as they are welded metal with no moving parts, would take little if
any maintenance. A department member would pick up the equipment and deliver one
piece to Station 1 and the second to Station 2. The combined value of this used
equipment is less than $1,000.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: _Yes X No
ORIGINATED BY: DATE: November 5, 2003
Norm Angelo, Fir Chief
REVIEWED BY: DATE:
?ILZ84trenn, City Manager
ML4,00
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding the waiver of fees for city services associated with
Holiday Main Street Parade. (Fiscal Impact $3,000)
RECOMMENDED COUNCIL ACTION:
1) Adopt resolution in accordance with ESMC Section 8- 8- 7(D)(2) to waive fees for city
services associated with the Holiday Main Street Parade.
2) Alternatively discuss and take other action on related to this item.
BACKGROUND & DISCUSSION:
The Holiday Main Street Parade is one of the traditional events that benefit the El Segundo
Community. The Recreation and Parks Director has the authority to issue the permit, for the
event, but the fee waiver request must be approved by City Council.
This event is scheduled to take place in December 7, 2003. The Chamber of Commerce
sponsors the Holiday Main Street Parade. This event has been held in El Segundo for over
many, many years and is similar to those of years past with fees being waived. The parade
route will be from Imperial Ave., south down Main St., to El Segundo Blvd. with the official start
time of 1 p.m. and an approximate completion time of 3 p.m.
The city services that are being requested are the use of the street barricades for street
closures and provide necessary street posting, police services for traffic control, judge's stand,
sound system, Cable coverage with announcer capabilities, risers, and chairs, and the bucket
truck.
All items requested per the permitting process have been received and filed.
ATTACHED SUPPORTING DOCUMENTS:
Letter of Request from the El Segundo Chamber of Commerce.
Parade Route Map
Resolution
FISCAL IMPACT: $3000
Operating Budget:
Amount Requested:
Account Number: 001 -400- 5102 -5204
Project Phase:
Appropriation Required: _Yes X No
ORIGINATED:
DATE:
Stacia Mancini, Director of Recreation and Parks
REVIEWED BY: DATE:
hiFTi1
44 9
E-I Segundo Chamber
• The Voice for Business
October 29, 2003
Ms. Stacia Mancini
Director
Recreation and Parks Department
City of El Segundo
339 Sheldon Street
El Segundo, CA 90245
Re: 2003 Annual Holiday Parade
Dear Stacia:
On behalf of the El Segundo Chamber of Commerce, we respectfully request the support and
sponsorship by the City of El Segundo for the 40th Annual Holiday Parade, "It's ,4 Main Street
Holiday."
This year's Parade will be held on Sunday, December 7th, from 1:00 P.M. to 3:00 P.M., with the
streets to be closed promptly at noon to parade's end.
Specifically, The Chamber respectfully requests City sponsorship through traffic control and
monitoring along the parade route, posting street closure, barricades along Main Street and Imperial
Avenue, and the procurement and set -up of equipment such as the Grandstand with 20 chairs for
dignitary and senior seating, and the PA system for the parade announcer.
The Parade will include our Grand Marshal and dignitaries in automobiles, walking groups,
entertainers, floats, bands, and other traditional Holiday Parade participants. It will begin on Main
Street at Imperial Avenue and proceed south to El Segundo Boulevard. It is expected that the El
Segundo Community Cable will tape the Parade for future broadcast and will have a sound system
set up in front of the grandstand. Set up will begin at 9:00 A.M., the event will run from 1:00 P.M. to
3:00 P.M., and clean up will begin at 3:00 P.M. The Grandstand will need to be set up on Saturday,
December 6.
In addition, we are requesting that City permit fees be waived for the Parade and that the City
arrange for trash collection along the parade route following the event.
Your invaluable time and consideration of our request for continued support and sponsorship that the
City of El Segundo has extended to the Chamber and this community tradition over the years are
deeply appreciated. We look forward to working with you during the upcoming holiday season.
Sine ely,__
Daniel L. Ehrler �-� �: LAS c `,- 1 �. r___S C 'L
Executive Director
427 Main Street • El Segundo, CA 90245 • 310 322 1220 • Fax 310 322 6880 4
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RESOLUTION NO.
A RESOLUTION WAIVING FEES ASSOCIATED WITH THE 2003
HOLIDAY PARADE IN ACCORDANCE WITH EL SEGUNDO
MUNICIPAL CODE § 8 -8 -7.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On November 6, 2003, the El Segundo Chamber of Commerce submitted an
application for a permit to allow the Chamber to conduct its annual Holiday
Parade.
B. The proposed event would occur on December 7, 2003 and the parade route
would be along Main Street between Imperial Avenue and El Segundo Boulevard;
C. The Chamber sponsored the proposed Holiday Parade for the past 40 years; and
D. By letter dated October 29, 2003, the Chamber requested that the City waive all
fees that would ordinarily be charged for the proposed parade.
SECTION 2: Findings in accordance with ESMC § 8- 8- 7(D)(1).
The Chamber of Commerce is a non - profit corporation with an IRC
501(c)(6) designation; and
2. It is in the public interest for the Chamber to conduct the Holiday Parade
to promote community interest in the Holiday Season and continue a
community tradition lasting more than 40 years.
SECTION 3: Fees associated with the proposed Holiday Event, totaling approximately $3000,
are waived in light of the findings made by this Resolution.
SECTION 4: Nothing in this Resolution is intended to, nor will it, waive any other requirement
set forth in ESMC Chapter 8 -8 including, without limitation, all general and special conditions
set forth in a permit issued pursuant to that Chapter.
SECTION 5: This Resolution will become effective immediately upon adoption.
-I-
[S \CTYCLRK\Documentcpy\RESOS\2003 \parade reso doe]
November 12, 2003
47
PASSED AND ADOPTED this _ day of , 2003.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED
Mark D. Hen
By: v /���i ✓
Karl H. Berger,
Assistant City,
-2-
[ S: \CTYCLRK\Documentcpy\RESOS\2003 \parade reso doc]
November 12, 2003
Mike Gordon, Mayor
� ILKSJ
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding an amendment to the El Segundo Municipal Code
regarding newsracks.
RECOMMENDED COUNCIL ACTION:
1. Discussion;
2. Introduction of Ordinance and waive first reading;
3. Schedule second reading and adoption of Ordinance on December 2, 2003;
4. Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Currently, the City's municipal code requires a permit in order to place a newsrack in the public
right -of -way. Permits are issued by the Department of Public Works following payment of a
$50 fee and inspection by staff to determine whether the proposed site meets the
requirements of the code. There are 40 permits that have been issued for sites on Grand
Avenue and Main Street in the Downtown Specific Plan (DSP) area (Attachment B). Prior to
the start of construction on the Downtown Improvement Project, those holders of newsrack
permits were advised that they should remove their newsracks and that "standardized racks
will be installed once the project is complete (January, 2004)" (Attachment C). The letter also
stated, "The City will notify your company regarding selection procedures for standardized
racks once a policy has been established."
Continued.....
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance
B. List of Permit Holders on Main Street and Grand Avenue
C. Letter to Newsrack Permit Holders
D. Sample Newsrack Models
E. Representative Locations for Newsrack Placement
FISCAL IMPACT:
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: —Yes _X_ No
ORIGINATED BY: DATE:
�rvices Jarfies M. Hansen Di ctor mmunit Economic and Develo ment /�Lz
Y� P
REVIEWE BY: DATE:
ary enn, City Manager
49 10
K
Design Requirements
In order to promote a more uniform aesthetic in the downtown in keeping with the recent
improvement project and maintain consistency with the policies and goals of the DSP, the
proposed ordinance allows City Council, by separate resolution, to recommend a specific
model of newsrack. A sample of a commonly required newsrack is attached (Attachment D).
Staff will be prepared to make a final recommendation at the meeting of January 20, 2004.
Uniform Locations
Following adoption of the proposed ordinance, uniform locations will be identified by staff, also
by separate resolution, and brought to the Council for consideration in January. The additional
time is necessary because staff must analyze placement options and identify the most
appropriate uniform locations. These uniform locations allow for distribution of multiple
publications from one unit (Attachment D). This ordinance will allow the City to create uniform
locations for newsracks on Main Street and Grand Avenue in the DSP area. Staff has
prepared a map of the 300 block of Main Street (for purposes of illustration) showing the
potential locations available for placement of newsracks that accommodate the new
landscaping, pedestrian and vehicular improvements (Attachment E). In an effort to improve
safer vehicular entry into and from driveways, newsracks must be at least 10' from driveways.
The previous requirement was just 5'.
Cost
It is proposed that the ordinance be implemented in two phases. First, the new requirements
will be effective on Main Street and Grand Avenue in the downtown with implementation
throughout the remainder of the City occurring no later than one year from the ordinance's
adoption. The cost of the newracks will be borne by the applicants. The cost of each unit is
approximately $235 for newsracks that accept coins and $173 for newsracks that hold `free'
publications. Bulk purchases may be discounted. For uniform locations, (Main Street and
Grand Avenue in the DSP area) pedestals and trays on which the newsracks can be placed
will be purchased and installed by the City. At this time, it is estimated that bases and
pedestals to support 60 publications (or ten uniform locations) would cost $1,300. Pedestals
and trays must be replaced approximately every five years. Those costs will be recovered
through annual permit fees as established by Council resolution.
Summary
If approved, the existing Newsrack regulations will be amended as follows:
1. Newsracks will be placed 10' from driveways while the current restriction is 5';
2. Uniform locations may be identified by resolution. Proposed locations are Main
Street and Grand Avenue in the DSP area;
3. Specific newsrack models will be required throughout the City by Council resolution;
4. Ordinance requirements will be implemented on Main Street and Grand Avenue in
the DSP area as soon as the Ordinance takes effect and required resolutions have
been adopted. Implementation for the rest of the City will take place within one
year; and
5. Additional clarifications, legal updates, and enforcement provisions (not explored by
this staff report) were added to reflect current law and City policy.
50
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9-4 OF THE EL SEGUNDO
MUNICIPAL CODE, REGULATING NEWSRACKS, IN ITS ENTIRETY.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. The unregulated placement of newsracks in public rights -of -way presents
an inconvenience and danger to the health, safety and welfare of the
inhabitants of the city;
B. Unless regulated, newsracks may:
1. Interfere with the safe flow of pedestrian and vehicular traffic;
2. Impair the vision of motorists and pedestrians, particularly small
children and cause injury to the person or property of such persons;
3. Inhibit safe entry and departure from vehicles or buildings;
4. Detract from the appearance of streets, sidewalks and adjacent
businesses;
5. Cause loss of funds to patrons in the event of malfunction; and
6. Allow minors to view harmful matter;
C. The City expended significant public resources and monies to beautify its
downtown area to benefit its residents and businesses. Accordingly, it is
in the public interest for the City to take particular interest in regulating
newsracks in this area in order to preserve aesthetics of newly
constructed public facilities, and to protect public health, safety, and
welfare;
D. Nothing in this ordinance is intended to, nor does it, unreasonably restrict
the rights of a free media under the applicable protections of the United
States and California Constitutions. Rather, the regulations imposed by
this ordinance are intended to establish reasonable time, place and
manner restrictions on the use of public rights -of -ways in light of the public
interest.
Page 1 of 20
51
SECTION 2: Chapter 9 -4 of the El Segundo Municipal Code ( "ESMC ") is amended in its
entirety to read as follows:
"CHAPTER 9-4
NEWSRACKS
9 -4 -10: PURPOSE.
9 -4 -20: DEFINITIONS.
9 -4 -30: ADMINISTRATION.
9 -4-40: PROHIBITIONS.
9 -4 -50: ENCROACHMENT PERMITS.
9 -4 -60: NOTICES.
9 -4 -70: FEES.
9 -4 -80: APPLICATION FORM AND CONTENT.
9 -4 -90: CHANGE IN APPLICATION INFORMATION.
9-4 -100: TIME FOR REVIEWING APPLICATION.
9-4 -110: PERMIT ISSUANCE.
9-4 -120: PERMIT DENIAL.
9-4 -130: NOTICE OF DENIAL.
9-4 -140: EXPEDITED REVIEW.
9-4 -150: TERM; RENEWAL.
9-4 -160: UNIFORM NEWSRACKS.
9-4 -170: PERMIT CONDITIONS.
9 -4 -180: INSTALLATION REQUIREMENTS.
9-4 -190: PROHIBITED AREAS.
9-4 -200: MAINTENANCE.
9 -4 -210: HARMFUL MATTER.
9 -4 -220: LIABILITY INSURANCE.
9 -4 -230: RIGHT OF ADMINISTRATIVE REVIEW.
9-4 -240: TIME FOR ADMINISTRATIVE REVIEW.
9 -4 -250: COMMENCEMENT OF ADMINISTRATIVE REVIEW.
9 -4 -260: ADMINISTRATIVE REVIEW.
9-4 -270: CITY MANAGER DECISION FINAL.
9-4 -280: MINOR VIOLATIONS.
9-4 -290: NOTICE OF HEARING FOR NEWSRACK REMOVAL.
9-4 -300: HEARING PROCEDURE.
9-4 -310: COMPLIANCE WITH REMOVAL ORDER.
9-4 -320: RECOVERING CITY EXPENSES.
9-4 -330: EMERGENCY REMOVAL.
9-4 -340: ABANDONMENT; DISPOSAL.
9 -4 -350: ENFORCEMENT.
9-4 -360: CITY ATTORNEY ENFORCEMENT AUTHORITY.
Page 2 of 20
52
9-4 -370: LIABILITY FOR FINES.
9-4 -380: EXISTING NEWSRACKS.
9-4 -390: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA.
9 -4 -10: PURPOSE.
This chapter is adopted in accordance with California Constitution Article
Xl, § 7, for the purpose of establishing uniform regulations for allowing
newsracks to be placed within the public right -of -way. The city's intent in
adopting this chapter is to establish reasonable time, place, and manner
restrictions on the commercial use of public right -of -ways in order to
preserve public health, safety, and welfare.
ARTICLE 1 — GENERAL PROVISIONS
9 -4 -20: 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. "Administrator" means the city manager or designee;
B. "Blinder rack" means any opaque material placed in front of the harmful
matter and within the publication vending machine which prevents
exposure to public view.
C. "Downtown Specific Plan Area" means the geographical area within the
city's jurisdiction identified by the Downtown Specific Plan adopted on or
about August 1, 2000, as amended;
D. "Driveway" means a surfaced area which crosses a sidewalk designed or
used for vehicular access between a lot and a public street;
E. "Harmful matter" means matter which when taken as a whole,
predominantly appeals to the prurient interests of the average person,
applying contemporary statewide standards, meaning a shameful or
morbid interest in nudity, sex, or excretion, and which is patently offensive
to the prevailing standards in the adult community as a whole with respect
to what is suitable material for minors, and lacks significant literary,
artistic, political, educational, or scientific value for minors. When it
appears from the nature of the matter or the circumstances of its
Page 3 of 20
53
dissemination, distribution or exhibition that it is designed for clearly
defined deviant sexual groups, the predominant appeal of the matter must
be judged with reference to its intended recipient group.
F. "Lot" has the same meaning as set forth in the zoning regulations of this
Code;
G. " Newsrack" means any self- service coin - operated box, container, storage
unit or other dispenser designed, used or maintained for the display or
sale of any written or printed material, including, without limitation,
newspapers, news periodicals, magazines, books, pictures, photographs
and records;
H. "Permit" means a permit issued to a person pursuant to this chapter
allowing a newsrack to be installed within a specifically designated portion
of a public right -of -way. "Permit" may also include a uniform newsrack
permit issued in accordance with this chapter;
I. "Permittee" means a person or entity to whom a permit was issued
pursuant to this chapter.
J. "Public Right -of -Way" means any city street, sidewalk, pedestrian path,
bike path or any other "public way," as defined by California Streets &
Highways Code § 18609, and any successor statute.
K. "Public street" means any city street or public right -of -way including,
without limitation, the curb and gutter.
L. "Uniform newsrack" means a newsrack of a style, size and color
designated by council by resolution for permanent installation.
9 -4 -30: ADMINISTRATION.
The administrator is authorized to receive applications, issue and revoke
permits, and otherwise administer and implement this chapter.
Page 4 of 20
54
9 -4-40: PROHIBITIONS.
It is unlawful for any person to install, place or maintain a newsrack or
uniform newsrack in any public right -of -way that violates any provision of
this chapter including, without limitation, failing to obtain a permit issued
pursuant to this chapter.
9 -4 -50: ENCROACHMENT PERMITS.
Persons who obtain a permit pursuant to this chapter are not required to
also obtain an encroachment permit under this code to install newsracks.
9 -4 -60: 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 United
States 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 -4 -70: FEES.
All fees applicable to this chapter are established by city council
resolution.
ARTICLE 2 — PERMITS
9 -4 -80: APPLICATION FORM AND CONTENT.
A. Permit applications must be filed by a natural person in the name of each
applicant proposing to obtain a permit.
B. Every application must be signed by the applicant, or the applicant's
authorized representative, under penalty of perjury.
C. Permit applications, and permits, will be in a form prescribed by the
administrator and contain all of the following information:
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55
The name, mailing address, and daytime and evening telephone
numbers of the person filing the application;
2. The proposed location for the newsrack; and
3. Such additional information as the administrator may reasonable
require to process the application.
D. Applications must be accompanied by an administrative fee for processing
the application.
9 -4 -90: CHANGE IN APPLICATION INFORMATION.
A. Whenever any change occurs in the information contained in the permit,
the permittee must give the administrator written notice of the change
within thirty (30) days of the date that the change becomes effective.
B. If a permittee fails to give the administrator timely written notice of a
change in the information contained in the application, the administrator
may charge the permittee an additional administrative fee.
9 -4 -100: TIME FOR REVIEWING APPLICATION.
After receiving a completed application, the administrator must review the
application and either issue or deny a permit within thirty (30) days.
9 -4 -110: PERMIT ISSUANCE.
A. The administrator must 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. The applicant accepts the permit in writing.
B. Use of any permit issued pursuant to this chapter must conform to the
permit conditions of this chapter.
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56
9-4 -120: PERMIT DENIAL.
A permit can be denied for the following reasons:
A. The application is incomplete;
B. The applicant failed to provide reasonable supplemental application
information requested by the administrator;
C. Information submitted by the applicant is materially false;
D. The application is submitted by a person with a suspended permit or
whose permit was revoked; or
E. The application seeks authorization for a newsrack that is prohibited by
this code or unlawful under any other local, state, or federal law.
9-4 -130: NOTICE OF DENIAL.
Where the administrator denies a permit, the administrator must serve
notice to the applicant.
9-4 -140: EXPEDITED REVIEW.
Pursuant to California Code of Civil Procedure § 1094.8(c), and any
successor statute or regulation, the permits under this chapter are
designated for expedited judicial review pursuant to the procedure set
forth in California Code of Civil Procedure § 1094.8, or any successor
statute or regulation.
9-4 -150: TERM; RENEWAL.
Unless suspended or revoked, permits issued pursuant to this chapter
have a term of one (1) year. Permits must be renewed not later than thirty
(30) days before they expire in order to be maintained. Should a permit
expire, the permittee must comply with this chapter to obtain a new permit.
9 -4 -160: UNIFORM NEWSRACKS.
A. By resolution, the council may from time to time establish uniform
newsrack locations. The council must first hold a public hearing, for which
notice must be sent at least fifteen (15) days in advance to all persons
Page 7 of 20
57
requesting notice, or whose name and address appears on an existing
newsrack in the subject location, and after such hearing must find that the
location carries a substantial volume of pedestrian or vehicular traffic, that
uniform newsracks are feasible at the location, and that it is in the public
interest for such newsracks.
B. The resolution must describe the location; designate the particular point(s)
at that location where uniform newsracks may be installed; specify the
maximum number of uniform newsracks to be allowed at the location; and
specify the style, size, color or other attributes required of uniform
newsracks at the location. Such specification should not require uniform
newsracks made by any particular manufacturer. The resolution may
direct the administrator to install a kiosk(s), pedestal(s), or other support
structure to accommodate a stated number of newsracks.
C. No person may install a uniform newsrack at a uniform newsrack location
without first obtaining a uniform newsrack permit from the administrator.
D. Upon the adoption of a resolution by council establishing a uniform
newsrack location, interested persons may apply for such permit. The
administrator must hold all such applications for thirty (30) days after the
date the resolution was adopted and may then issue all permits applied for
up to the maximum number established, if any, in the resolution.
E. No fee will be charged for the uniform newsrack permit.
F. Permits are determined by a random selection process. The first
application identified by random selection will be issued a permit for the
most favorable location, and so on until the maximum number, if any, is
reached. Applicants seeking permits for more than one newsrack in a
single location will be allotted adjacent spaces. The remaining
applications must be denied and the applicants notified. Where fewer
applications are received than the maximum number of positions allowed
by the resolution, permits for the remaining positions may be allotted on a
first -come, first- served basis.
G. Each year, during the month of December, the administrator must draw
lots in the above manner for permits for the next calendar year from
among those holding permits and any new applications received by
December 1 st.
H. The council may at any time, on its own motion or upon request of any
person, by resolution, increase the maximum number of available
Page 8 of 20
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positions. In the event of such increase, or in the event a position
becomes available by abandonment or otherwise, such position(s) must
be allotted by the above procedure.
Upon being granted a permit, the applicant may permanently install a
uniform newsrack as described in the resolution, either affixing it to the
pavement or ground, or in the event the resolution directs the
administrator to install support structures, then to such support structure.
J. A uniform newsrack permit will, in addition to all other provisions of this
section, be conditioned with all other requirements of this chapter.
ARTICLE 3 — PERMIT CONDITIONS; NEWSRACK REGULATIONS
9- 4 -1T0: PERMIT CONDITIONS.
Permits issued pursuant to this chapter have the following general
conditions:
A. Permittees must maintain a valid business license issued pursuant to this
code;
B. Permittees must pay all fees required by this chapter.
C. Newsracks cannot unreasonably:
1. Interfere with or impede the flow of pedestrian or vehicular traffic.
2. Interfere with or impede ingress or egress from any residence or
place of business located adjacent to a public right -of -way.
3. Interfere with any public utility facility located within the public right -
of -way or in close proximity thereto.
D. Except as otherwise provided, newsracks must be placed within the public
right -of -way.
E. Permittees must 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 a permittee's activities in a form approved by the city
attorney's office.
F. Permits are not transferable to another person or to another location.
Page 9 of 20
G. The name, address, and telephone number of the permittee must be
permanently affixed to newsracks.
H. Each newsrack must have affixed to it in a readily visible place a notice
setting forth the name and address of the person responsible for
maintaining the newsrack and a working telephone number to call to
report a malfunction, or to obtain a refund in the event of a malfunction of
the coin - return mechanism.
I. Each newsrack must be maintained in accordance with this Code.
9 -4 -180: INSTALLATION REQUIREMENTS.
Each newsrack must comply with each of the following requirements:
A. Size: No newsrack may exceed five feet (5') in height, thirty inches (30 ") in
width, or two feet (2') in depth.
B. Placement: Newsracks may only be placed in a public right -of -way near a
curb or adjacent to a wall of a building. The rear of newsracks placed near
a curb must be placed not less than eighteen inches (18 ") nor more than
twenty four inches (24 ") from the face of the curb. The rear of newsracks
placed parallel to a wall or building must be placed not more than six
inches (6 ") from the wall or building. No newsrack may be placed or
maintained in a public right -of -way opposite one or more newsracks.
C. Groups of Newsracks: Newsracks may be placed next to each other;
provided, that no group of newsracks must extend more than ten feet six
inches (10'6 ") along a curb or wall and a space of no more or less than
three feet (3') must separate each group of newsracks from another group
of newsracks. There may be no more than three (3) of the above
described groups of newsracks located on a public right -of -way within a
block.
D. Anchoring: Each newsrack must be securely anchored to the ground or
sidewalk.
E. Each newsrack must be equipped with a working coin - return mechanism
to permit a person using the machine to obtain an immediate refund in the
event a person is unable to receive the publication paid for. The coin -
return mechanisms must be maintained in good working order.
Page 10 of 20
60
9-4 -190: PROHIBITED AREAS.
Notwithstanding any other provision of this chapter, no newsrack may be
placed, installed, used or maintained as follows:
A. Within one foot (1') of any area improved with lawn, flowers, shrubs or
trees;
B. Within three feet (3') of
The entrance or exit to any building;
2. Any display window in any building abutting a sidewalk or public
right -of -way. No newsrack may be located directly in front of any
display window of any building abutting a public right -of -way without
the written consent of the person or entity legally in occupancy or
otherwise in control of the premises on which the display window is
located. Proof of such consent must be included in the permit
application. If such consent is withdrawn, any newsrack placed in
front of a display window must be removed within fourteen (14)
days of the date of written notice from the city to the owner of such
newsrack.
C. Within five feet (5') of
1. Any marked crosswalk.
2. The curb return of any intersecting public streets.
3. Any fire hydrant, fire call box, police call box or any other
emergency facility.
4. Any designated bus stop area or any sign marking a designated
bus stop.
5. Bus bench.
6. Any curb painted blue, pursuant to the provisions of California
Vehicle Code § 21458;
D. Within ten feet (10') of any driveway.
E. In any location whereby the clear passage on a sidewalk for pedestrian
Page 11 of 20
traffic is reduced to less than five feet (6).
F. Within any public street;
G. Within one hundred feet (100') of a newsrack containing the same edition
of the same publication, except where bulk of a particular edition is such
that more than one rack is required, in which case said newsracks must
be placed side -by -side;
H. Within three hundred feet (300') of a uniform newsrack location, except for
any period, not to exceed thirty (30) days, during which a uniform
newsrack permit has been granted at the location but the applicant has
been unable to obtain a uniform newsrack;
Chained or otherwise attached to any fixture. All newsracks must be
permanently affixed to the pavement or otherwise anchored to a concrete
base. Newsracks anchored to concrete bases must have a minimum
weight of 100 pounds empty. Uniform newsracks which have been
established and permitted pursuant to this chapter may be permanently
affixed to the pavement or authorized support structures as established by
city council resolution.
J. Be used for advertising, selling or storing material other than that dealing
with the display, sale or purchase of the publication sold therein.
K. No newsrack may remain empty for a period of thirty (30) consecutive
days.
9 -4 -200: MAINTENANCE.
Each newsrack must be maintained in a clean and attractive condition and
in good repair at all times, and no issue or edition of any publication may
be allowed to remain in any such newsrack for a period exceeding the
publication period of the material offered for sale therein or thirty (30)
consecutive calendar days after the date of the initial issuance or
publication of such material, whichever is lesser. Specifically, but without
limiting the generality of the foregoing, each newsrack must be reasonably
free of dirt and grease; be reasonably free of chipped, faded, peeling and
cracked paint; be reasonably free of rust and corrosion; have no broken
cracked, dented, blemished or discolored plastic or glass parts; have no
torn, peeling or fading paper or cardboard parts or inserts; and have no
broken or misshapen structural parts.
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62
9-4 -210: HARMFUL MATTER.
Pursuant to California Penal Code § 313.1(d), any harmful matter
displayed in a public place from which minors are not excluded must be
concealed with blinder racks, so that the lower two- thirds of the material is
not exposed to view.
ARTICLE 4 — APPEALS
9-4 -220: RIGHT OF ADMINISTRATIVE REVIEW.
Except as otherwise provided, an applicant may request administrative
review of the administrator's decisions pursuant to this chapter including,
without limitation, decisions regarding permit denial.
9-4 -230: 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
administrator's decision is served on the applicant/permittee.
B. If a request is untimely, the administrator may, nevertheless, extend the
time for commencing such review for good cause shown, but in no event
may a request be filed more than thirty (30) days after notice was served.
9-4 -240: COMMENCEMENT OF ADMINISTRATIVE REVIEW.
A. A request for administrative review must be on a form provided by the
administrator and contain the following information:
1. The name, address and telephone number of the person making
the request;
2. 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;
3. A brief description of all grounds for making the request; and
4. Such other information as may be required by the administrator;
B. A request for administrative review must be accompanied by a fee in an
amount determined by city council resolution.
Page 13 of 20
�J
9-4 -250: ADMINISTRATIVE REVIEW.
A. Upon request for administrative review being filed, the administrator 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 administrator, the city
manager will review the request and, within ten (10) business days of
receiving the request notice, provide the appellant with a written
notification that:
1. The administrator's decision is affirmed;
2. The administrator's decision is modified;
3. The administrator's decision is reversed and a permit is issued.
Under such circumstances, the fee collected for an appeal must be
returned to the permittee within thirty (30) days of the city
manager's decision.
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. In the event of
a hearing, the rules of evidence will not apply. The city manager may
consider such evidence as the city manager may deem reliable. The city
manager may adopt such additional reasonable rules of procedure that
may facilitate the progression of such a hearing.
94-260: CITY MANAGER DECISION FINAL.
The city manager's decision is final. There is no right to appeal a decision
to the city council. Any court challenge must be filed within ninety (90)
calendar days of the city manager's decision in accordance with California
Code of Civil Procedure § 1094.6.
ARTICLE 5 - ENFORCEMENT
9 -4 -270: MINOR VIOLATIONS.
In the case of minor violations of this chapter that can be corrected at the
site, any city employee, as an alterative to removing the newsrack, is
authorized to correct the violation summarily. The permittee will bear the
cost of any such correction.
Page 14 of 20
)f
9-4 -280: NOTICE OF HEARING FOR NEWSRACK REMOVAL.
A. Upon discovering a newsrack that lacks a permit or otherwise violates this
chapter, the administrator may take action to remove such a newsrack in
accordance with this chapter.
B. To initiate proceedings for removing newsracks, the administrator will
cause written notice to be mailed and conspicuously posted on the
newsrack. Notice must be titled in letters at least one inch in height and
read substantially as follows:
Removal Hearing Notice
On , 20 , the City of El Segundo will determine whether
this Newsrack should be removed in accordance with the El Segundo
Municipal Code ( "ESMC "). If the Newsrack is found to violate the ESMC
and is not promptly removed by the owner, then the City may remove it
and impound it at the owner's expense. If the City removes the Newsrack,
all costs associated with such removal, impoundment, and storage, must
be paid by the owner before the Newsrack is returned.
The alleged violations consist of the following:
All persons having any objection to, or interest in, said matters should
attend a hearing to be conducted by the City , to be held at
on , at the hour of m., when their
testimony and evidence will be heard and given due consideration.
Dated:
Administrator
C. Mailing /posting. Notice of the hearing will be served by posting the
newsrack and by registered or certified mail (postage fully prepaid)
addressed to the newsrack owner. The notice must be posted on the
newsrack and mailed at least ten (10) days before the hearing date. Proof
of posting and mailing will be by declaration. Failure of any person to
receive the notice will not affect the validity of any set forth in this chapter.
D. The administrator is not required to wait ten (10) days to proceed if the
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65
intent to permanently abandon or vacate a newsrack or uniform newsrack
location is confirmed in writing by the owner of such newsrack.
9 -4 -290: HEARING PROCEDURE.
A. The hearing must be conducted by a hearing officer selected by the
administrator. At the time set for such hearing, the hearing officer will
conduct a hearing to determine, based upon the evidence presented,
whether the newsrack violates this chapter. At the hearing, the hearing
officer will accept reliable evidence from any person if such evidence
bears on the issue of whether the newsrack violates this chapter. The
hearing officer is authorized to take testimony and is authorized to
administer oaths or affirmations under the Code of Civil Procedure §
2093(a). Based upon the evidence submitted including, without limitation,
any written staff reports regarding alleged violations, the hearing officer
will determine whether or not the newsrack violates this chapter and
should be removed.
B. As soon as is practicable following the close of such hearing, the hearing
officer will render a decision on the matter. If the newsrack is found to
violate this chapter, the hearing officer will issue an order requiring the
newsrack to be removed within a reasonable time and manner as set forth
in the order. The hearing officer will promptly give written notice to the
responsible person and any other interested person who requests, in
writing, notice of such decision, including, a copy of the order. The order
issued by the hearing officer will be deemed a final order and may be
judicially reviewed pursuant to Code of Civil Procedure § 1094.6. There is
no right to a city council appeal.
9-4 -300: COMPLIANCE WITH REMOVAL ORDER.
At no cost to the city, the newsrack will comply with all of the provisions of
a removal order. If the newsrack owner fails, for any reason, to comply
with a removal order within the time required in the order, the
administrator, will cause the newsrack to be removed and impounded by
city forces or by private contractor.
9 -4 -310: RECOVERING CITY EXPENSES.
The administrator will keep an account of the costs, including incidental
expenses, of removing, impounding, and storing such newsracks.
Newsrack owners must pay the city all reasonable costs associated with
Page 16 of 20
66
the noticing, removal, and storage of the newsrack before regaining
possession of such newsracks.
9-4 -320: EMERGENCY REMOVAL.
Notwithstanding any other provision of this chapter, whenever the
administrator, determines that a newsrack constitutes an immediate threat
or hazard or danger to persons or property, the administrator, without
observing procedures set forth in this chapter with reference to newsrack
removals, will immediately cause such a newsrack to be removed in such
manner as the administrator determines is reasonably required. If the
administrator deems it feasible, the administrator may attempt to give the
newsrack owner verbal notice of the danger and the proposed timing and
removal of the newsrack. Where such removal is ordered, the
administrator will, after completing the removal of the newsrack, comply
with the provisions of this chapter.
9-4 -330: ABANDONMENT; DISPOSAL.
The owner of any impounded newsrack who fails to obtain the release of
the newsrack within thirty (30) days after impoundment, is deemed to have
abandoned the newsrack, and the newsrack may be disposed of by the
administrator in the time and manner prescribed by law, for the disposal of
abandoned personal property.
9-4 -340: ENFORCEMENT.
A. In addition to the remedies set forth in this chapter, violations of a permit
may be enforced as follows:
1. Prosecution as infractions or misdemeanors at the city attorney's
discretion.
2. Abated as a public nuisances.
3. Enjoined as unfair business practices that are presumed to
nominally damage each and every resident of the community in
which the permittee operates.
B. The remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
9-4 -350: CITY ATTORNEY ENFORCEMENT AUTHORITY.
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l
In addition to any other general functions, powers, and duties given to the
city attorney by this code or California law, the city attorney is authorized
to:
A. Prosecute on behalf of the people all criminal and civil cases for violations
of this chapter including, without limitation, administrative or judicial
nuisance abatement and suits for injunctive relief;
B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and
other money accruing to the city under this chapter.
9-4 -360: LIABILITY FOR FINES.
All fines, fees, penalties, and interest imposed pursuant to this chapter are
civil debts owed to the city by the person fined. In the event that judicial
action is necessary to compel payment of any debt owed to the city, the
person or persons subject to the fine are also liable for the costs of suit
and attorney's fees incurred by the city to collect the fine.
ARTICLE 6 — PREEXISTING NEWSRACKS
9-4 -370: EXISTING NEWSRACKS.
A. Any person who owns or is entitled to possession of any newsrack located
within a public right -of -way upon the effective date of this chapter, must
either remove the newsrack or obtain a permit pursuant to this chapter
within one (1) calendar year after the effective date of this chapter.
B. If any such newsrack remains in place without a permit after the this time
period, the administrator may begin removal proceedings as provided in
this chapter.
C. If the newsrack owner does not comply with the administrator's notice of
removal, or does not appeal it, within the time set in such notice, the
administrator may remove and impound the newsrack. The owner or
other persons entitled to possession of the newsrack may obtain
possession of such impounded newsrack in the time and manner set forth
in this chapter.
9 -4 -380: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA.
Page 18 of 20
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Persons possessing a valid newsrack permit issued before the effective
date of this chapter and who had a newsrack located within the city's
downtown specific plan area, must comply with all of the following before
installing newsracks:
A. If the person removed newsracks from the public right -of -way in
accordance with the city's direction before the effective date of this
chapter, the person must obtain a permit issued pursuant to this chapter
or, if applicable, a uniform newsrack permit, before installing newsracks
within the Downtown Specific Plan Area;
B. If the person has existing newsracks that were not removed at the city's
direction before the effective date of this chapter, the person must obtain a
permit within one (1) calendar year after the effective date of this chapter
for the continued use of such newsracks."
SECTION 3: Repeal of any provision of the ESMC herein 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
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 on the thirty -first (31st) day following
its passage and adoption.
ATTEST:
PASSED AND ADOPTED this day of , 2003.
Mike Gordon, Mayor
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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
APPROVEDF
Mark D. HerA
By:
arl H. Berger, Ass' ant City Attorney
Page 20 of 20
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Attachment B
PERMIT NO.
NEWSRACK LOCATION
COMPANY
250
Grand Avenue 107 W.
Daily Breeze
219
Grand Avenue 107 W.
Los Angeles Times
220
Grand Avenue 121 W.
Los Angeles Times
169
Grand Avenue 121 W.
Recycler Classifieds
246
Grand Avenue 121 W.
Working World
162
Grand Avenue 219 W.
Daily Breeze
54
Grand Avenue 219 W.
Easy Reader
221
Grand Avenue 219 W.
Los Angeles Times
222
Grand Avenue 219 W.
Los Angeles Times
215
Grand Avenue 220 E.
Los Angeles Times
106
Main Street 200
L.A. Weekly
201
Main Street 200
Los Angeles Times
None
Main Street 200
The Real Estate Book
None
Main Street 229
Daily News
23
Main Street 229
Easy Reader
213
Main Street 229
Los Angeles Times
107
Main Street 323
L.A. Weekly
212
Main Street 323
Los Angeles Times
171
Main Street 323
Recycler Classifieds
15
Main Street 360
Easy Reader
211
Main Street 361
Los Angeles Times
118
Main Street 361
The Real Estate Book
7
Main Street 403
Los Angeles Times
172
Main Street 403
Recycler Classifieds
255
Main Street 408
Daily Breeze
None
Main Street 409
Daily Breeze
104
Main Street 410
Daily Breeze
None
Main Street 410
Easy Reader
105
Main Street 410
L.A. Weekly
12
Main Street 410
Los Angeles Times
117
Main Street 410
The Real Estate Book
109
Main Street 410
USA Today
None
Main Street 433
Daily Breeze
254
Main Street 433
Daily Breeze
28
Main Street 433
Los Angeles Times
173
Main Street 450
Recycler Classifieds
253
Main Street 531
Daily Breeze
236
Main Street 531
Los Angeles Times
237
Main Street 531
Los Angeles Times
71
Attachment C (Sample Letter)
January 20, 2003
Los Angeles Times
None Service Complaint Purchase Order Division
1405 South Spring Street
Los Angeles, CA 90012
Re: Removal of newsracks in Downtown Commercial Zone
To Whom It May Concern:
The City is engaged in a downtown redevelopment project. Newsracks within the Downtown
Commercial Zone (reference enclosed map) must be removed by February 24, 2003. The Los
Angeles Times has several racks located in this zone. Please review the enclosed permit log.
Standardized racks will be installed once the project is complete (January, 2004). The City will
notify your company regarding selection procedures for standardized racks once a policy has
been establish.
Thank you for your continued business and if you have any questions, feel free to contact me at
(310)524 -2897.
Sincerely,
Kristi A. von der Linden
Administrative Analyst
Enclosures (2)
7
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 18, 2003
AGENDA HEADING: New Business
Consideration and possible action to adopt plans and specifications for the rehabilitation of El
Segundo Boulevard between Nash Street and Sepulveda Boulevard - (Estimated cost =
$95,000).
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Authorize an allocation of $95,000 from unexpended Gas Tax funds;
(2) Adopt plans and specifications and authorize staff to advertise the project for receipt of
construction bids; (3) Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
(Background and discussion begins on the next page.......)
ATTACHED SUPPORTING DOCUMENTS:
Location map.
FISCAL IMPACT:
Capital Improvement Program
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$95,000 (FY 2002 -2003)
$95,000
106- 400 - 8203 -8606
Adoption of plans and specifications
Yes - (from unexpended Gas Tax funds)
ORIGINATED BY: �11 �7 DATE: November 7, 2003
David Johnson, Interim Di for of Public Works
REVIEWED BY:
DATE:
Mary Strenn, Ci y MQbdger
11
20031118 — Adopt Plans and Specifications for Rehabilitation of
El Segundo Boulevard between Nash Street and Sepulveda Boulevard
7
a5
BACKGROUND & DISCUSSION
For the 2003 -2004 Capital Improvement Program, staff had proposed a five (5) year street
rehabilitation program to be funded from Gas Tax funds. The first priority of this program was
the rehabilitation of El Segundo Boulevard, between Nash Street and Sepulveda Boulevard,
for an estimated cost of $150,000. This project fell just below the funding limit line and is
currently not included in the 2003 -2004 Capital Improvement Program.
The Street Maintenance Division of the Public Works Department considers this portion of El
Segundo Boulevard as severely deteriorated and a constant maintenance burden. El
Segundo Boulevard is one of the City's major highways and staff recommends this
rehabilitation work to prevent further deterioration of the roadway. In the last six (6) weeks,
further damage has been observed on El Segundo Boulevard due to the recent rains. Heavy
truck traffic has contributed to the deterioration.
Staff has reduced the scope of the rehabilitation work for an estimated cost of $95,000.
Currently, unexpended Gas Tax funds are available to cover this cost. These unexpended
funds were previously budgeted in fiscal year 2002 -2003 for new sidewalks along Grand
Avenue, Center Street and Franklin Avenue adjacent to the Center Street County flood control
retention basin area. Sidewalks currently exist at the Center Street frontage of the basin and
some of the previously allocated $95,000 was intended to pave the dirt area between the
existing sidewalk and the basin's fence.
Staff recommends that this sidewalk project be re- submitted to the Capital Improvement
Program Advisory Committee for funding consideration in the fiscal year 2004 -2005 Capital
Improvement Program.
20031118 — Adopt Plans and Specifications for Rehabilitation of
El Segundo Boulevard between Nash Street and Sepulveda Boulevard
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