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2003 NOV 18 CC PACKET
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 — 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 TIME• NAME- 0 8 Z S= LL Z m DU W W LL 0r U� 3 2 I n 0 0 A Ci lu W m 7 O Z LL O a. Q J a J 0 a. Q LL 0 W r O (nnn0) ON ecnof°nco �aDNrnN Nn{+m/`I to Ol O ' f00 °o�o�ppOO (rn°�C-4� f(D Oi ' ' , , W N O N N N W 040m� f0 (7A�N� 2mvcoc°�_ao W Z LL LL z w E z U O 5 Z W LL H J W >?2 z px LU G ~ Z O r 2 w Z5 0 0 zp0oo�o�LLgU i Swo8r OZ r =rzrwm w wuzzN p r=te aawgz� ZQz V w¢ p p U w E a r R w p rc o o g y r �Q m jr W w z z ZQ rc p n w �n p LL C WFinal f/J jZ 0B W Ki?R'R'S a. z1�yyQ�w�zZZZ,, pFM rcpOaww� LL Q~ W j Z V ZQ r W i N H 7 Z? tlJ W J J w �LL w 0O2 a. jLu (9 mEatn� R'UZ �wppp w r O w x o o O w w, 0 a w d w LL a W W N (020M w 0 LO m go�oo "�'�'`r .O1NOOO�i'��000000� � Nt+I inv mmmnnnn N d co CQ Ini () 9 CL O 3 W J Lo K 22a O O F O b Z LU 2 4 O VQ dQ Q O U H Q N F Z W W W 0 0 0 Y Y Y W W W x U x U x U N D O O f Z > > > E � 1 M N K � w � m C v C r N N O r m�mm` A U O N L m m 2" �> m m U E E � °a_ ° t �e y m Z- c > a c E 0 $ a IDEgoa n Q E m N ° a . c V d O m n o U m c Ol L U A � U C m 2R _ ° m m ;°0.92 $ 2 0 c N T b a U A a m C O 3 A E° m m A N p m m t i. m m Q r O C N N d N m N'o E° E v U w v ro n m a tq YI Y 0 C m m N V U a c U o a m E w UU wg °gmm d m 2 LU W V m C I`0 O O w N> y p Z W o a m W mm m c c W a d o` gUui Y 21 a c �' -w m c Z Z m m m 5 E Z m m EaO€i oo p OsU a U�mmU 2 LL o O \ LL O O U M O F Z N ° n Q C0 W ii LL 0 r U w ao OU m o p n o u u Q h _ LL U (x LL a a0 2 0 ❑ () 9 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 Entail inioCa elsegurdochamber ora ' � ' ` ,-�'_~ lawn afd)Ta'T6 Z)qm'orf� 450&f& "d lvatI& Lolu- Vop- Azlta��- IMPERIAL IMPERIAL AV 500 1100 1600 700 200 ACACIA AV 0 ACACIA 400 U AV i E WALNUT PARKW WALNUT AV a: E WP LNUT Va: 100 10 U) cc SYCAMORE PARK AV MAPLE MAPLE AV PARK w z in E OAK AV PARK OAK AV AV ELM 0 a. in 0 E ELM AV U) di, w AV fn W MAR'IP0 A E I MARIP(J I AV 0 E AV LIB. 200 �- 500 800 1900 w f"l I I-E — PINJ VP E U) AV z >- �- F- fn % I 0 LY E H z a:16 m z AVI- HOLLY VAL LEY (n u D. M w(b E u KANSAS PARK s. RAND AV (D AV cl 1500 uj INDER PL 0 cc (n w cc o E ELSEGUNDO BLVD f\, � 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: Page 5 of 20 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. Page 6 of 20 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 M 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. Page 12 of 20 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 Page 15 of 20 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. Page 17 of 20 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 M 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 Page 19 of 20 69 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 70 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 � v W6 v c. 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. 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