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2005 JAN 18 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2005 — 5:00 P.M. Next Resolution # 4412 Next Ordinance # 1380 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (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. 1 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(x)) — 5 matters 1. City of El Segundo v. City of Los Angeles, et. al. LASC No. BS094279 2. Michael Ward v. City of El Segundo, et. al., LASC No. BC325247 3. El Segundo v. Stardust West Apartments, LASC No. YC031364 4. Flynn v. City of El Segundo, LASC No. YC046253 5. Irene Chen v. City of El Segundo, LASC No. YC049424 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) -0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS - 0 matter n L 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, JANUARY 18, 2005 - 7:00 P.M. ATTENTION: There will be no public hearing held on the Plaza El Segundo Project tonight. It will be renoticed and rescheduled for a later date. Next Resolution # 4412 Next Ordinance # 1380 7:00 P.M. SESSION CALL TO ORDER 3 INVOCATION— Rev. Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Mayor Pro Tern John Gaines PRESENTATIONS — (a) Proclamation saluting former elected officials, residents and businesses, and inviting the public to celebrate El Segundo's 88th Anniversary with a cake - cutting ceremony on Thursday, January 20, 2005 at Farmers Market. (b) Commendations to the Recipients and Judges (the El Segundo Rotary Club) of the 2004 Lighting Up the Community Program. (c) Certificate of Recognition presented to Mike Gill, the 2004 El Segundo Police Officer of the Year. (d) Presentation of the trophies to the 2004 Holiday parade winners by the El Segundo Chamber of Commerce. (e) Presentation of the city emblem to our new Assembly Member from the 53rd Assembly District, Mike Gordon. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Onlv — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation — Approval. 4 Q B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) on the proposed projects and budget for the 2005 -2006 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2005 -2006 is $102,170. Estimated General Fund appropriation is $63,700. Recommendation — (1) Open public hearing and take testimony; (2) Close public hearing and discuss item; (3) Adopt the new 2005 -2006 CDBG projects and budget, including the appropriation of $63,700 of unallocated General Fund monies (from the sale of CDBG funds carried over from FY 03/04 to FY 04/05); (4) Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds; (5) Alternatively, discuss and take other action related to this item. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding changing the current street sweeping program to accommodate an "alternating side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted. (Fiscal Impact: $23,000). Recommendation — (1) Should the Council choose to implement an "alternating side' street sweeping schedule, staff recommends changing the street signs and implementing the change over a period of one year; (2) Upon implementation, staff is directed to notify residents at least thirty days in advance of the change; (3) Upon implementation, staff recommends that the City Council appropriate $23,000 to cover additional program costs; (4) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 2545211 to 2545396 on Register No. 7 in the total amount of $984,873.32 and Wire Transfers from 12/23/04 through 1/6/05 in the total amount of $243,377.87. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. City Council Meeting Minutes of December 21, 2004. Recommendation — Approval. 5. Consideration and possible action regarding a request from DIRECTV to place a 14,960 square -foot temporary sign on the exterior of the building for 2 months in recognition of the growth of recent subscribers and the announcement of the new company's slogan at 2230 East Imperial Highway. Applicant: DIRECTV Recommendation — (1) Approve DIRECTV's request to install an oversized sign for two months; (2) Alternatively, discuss and take other actions related to this item. 6. Consideration and possible action regarding a request for an operation permit located at 2041 Rosecrans Avenue to allow The Black Label Company, LLC, a chauffeured executive sedan service business to transport passengers on the City's public streets. Recommendation — (1) Approve an operation permit request for The Black Label Company, an executive sedan service business, to transport passengers on the City's public streets; (2) Alternatively, discuss or take other actions related to this item. 7. Consideration and possible action regarding adoption of Ordinance 1379 amending Section 6- 4-6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) dogs. Recommendation — (1) Second reading and adoption of Ordinance No. 1379 by title only; (2) Alternatively, discuss or take other action related to this item. 8. Consideration and possible action regarding acceptance of the project for the installation of ADA Automatic Doors at the City Library (111 West Mariposa Avenue); Joslyn Center (339 Sheldon Street) and City Hall (350 Main Street) — Approved Capital Improvement Program — Project No. PW 03 -04 — CDBG Project No. 600069 -01. (Contract Amount: $54,860) Recommendation — (1) Accept the work as complete; (2) Approve change order #1 in the net amount of $530 credit; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (4) Alternatively, discuss and take other action related to this item. 6 6 9. Consideration and possible action regarding acceptance of the Installation of Chlorination System at the City pool located at 219 West Mariposa Avenue — Approved Facilities Maintenance Program — Project No. PW 03 -14. (Final contract amount: $33,471). Recommendation — (1) Accept the work as complete; (2) Approve change order #1 in the amount of $1,841; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (4) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding adoption of plans and specifications for the repair of the connections of the steel roof truss at the City pool located at 219 West Mariposa Avenue — Project No. PW 05 -01. (Estimated Cosy $65,000) 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. 11. Consideration and possible action regarding award of contract to Spectra Contract Flooring for purchase and installation of marmoleum flooring at the Clubhouse located at 300 E. Pine Ave. (Fiscal Impact: $49,100) Recommendation — (1) Award bid to the Spectra Contract Flooring for $49,100; (2) Authorize the City Manager to execute an agreement on behalf of the City as approved to form by the City Attorney; (3) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding the waiver of fees for city services associated with the 13th Annual "Run for Education ". (Fiscal Impact: $3.3701 Recommendation — (1) Waive fees for city services associated with the 13th Annual Run for Education; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding re -establishing a public parking permit fee for the parking garage located at 121 Grand Avenue in Article E, Chapter 8 -5 of the El Segundo Municipal Code Recommendation — (1) Introduce and waive first reading of proposed Ordinance; (2) Schedule second reading and adoption of proposed Ordinance for February 1, 2005; (3) Alternatively, discuss and take other action related to this item. 7 7 14. Consideration and possible action regarding possible sale of future payment by the State to compensate the City for $283,135.86 loss in Vehicle License Fee (VLF) revenues for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities Statewide Development Authority (California Communities) program. (Fiscal Impact: $283,136) Recommendation — (1) Review draft Resolution and approve the concept to sell future payment by the State to compensate the City for $283,135.86 loss in VLF funds for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities program; (2) Once final Resolution is adopted at a future City Council meeting, deposit estimated proceeds of just over $250,000 into the Economic Uncertainty Fund; (3) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS —CITY ATTORNEY— NONE REPORTS —CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS —CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — 15. Consideration and possible action regarding the adoption of a Resolution supporting an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. Recommendation — (1) City Council adopt the attached Resolution supporting an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit; (2) Alternatively, discuss and take other action related to this item. Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — 8 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 sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE: f y� TIME: NAME: EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) on the proposed projects and budget for the 2005 -2006 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2005 -2006 is $102,170. Estimated General Fund appropriation is $63,700. RECOMMENDED COUNCIL ACTION: 1. Open public hearing and take testimony. 2. Close public hearing and discuss item. 3. Adopt the new 2005 -2006 CDBG projects and budget, including the appropriation of $63,700 of unallocated General Fund monies (from the sale of CDBG funds carried over from FY 03/04 to FY 04/05) 4. Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds; and /or, 5. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the Federal Housing and Urban Development Department (HUD) and administered through the Los Angeles County Community Development Commission (CDC). Participating cities receive funding based upon the total number of cities participating in the County's program, and a (Continued on next pace) SUPPORTING None FISCAL IMPACT: MtNT5: Operating Budget: CDBG /General Fund /CDBG Unallocated Amount Requested: $102,170 CDBG 05- 06/$63,700 (General Fund Unallocated Funds from the Sale of CDBG Funds in FY 03/04 that have been carried over to FY 04/05) Account Number: CDBG- Fund 111 / Gen. Fund - 001 Project Phase: N/A Appropriation Required: X Yes _ No ORIGINATED BY: DATE: January 18, 2005 Seimone Ju D ector of Planning and Building Safety/Acting Safety/Acting City Engineer REVIETI) BY: DATE: Mary Stre ,City Manager 11 lU STAFF REPORT Page 2 BACKGROUND & DISCUSSION: (cont.) City's commitment to provide housing, economic, social service, and community development opportunities that principally benefit persons of low and moderate income levels. The CDC notified cities to anticipate approximately a four percent (4 %) reduction in CDBG funding levels from last year. Since 1986, the City of El Segundo has annually participated in the Los Angeles Urban County's CDBG Program. In order to continue its participation in the upcoming 2005 -2006 program year, which begins on July 1, 2005, and ends on June 30, 2006, the City of El Se- gundo must prepare and submit its proposed CDBG project descriptions to the Los Angeles County Community Development Commission by February 4, 2005, for review and approval. Pursuant to Federal requirements, notice of this public hearing was posted in public buildings within the City. Federal requirements also mandate that as part of the hearing, the Council and public be informed of the range of eligible housing and community development activities that maybe funded under the CDBG program. Interested persons may obtain a copy of the Fed- eral eligibility guidelines, available at the City of El Segundo's Department of Planning and Building Safety, during regular business hours. Proposed 2005 -2006 CDBG Projects and Budget The proposed 2005 -2006 CDBG allocation for the City of El Segundo is approximately $102,170. However, this is a planning estimate only; the Los Angeles County Community De- velopment Commission (CDC) does not receive the final appropriation from HUD until Spring 2005. The City's final CDBG allocation may be more or less than the planning estimate. Gen- erally, however, the final allocation is within 10% of the estimate provided. The CDBG Program allows for a 15% allocation towards public service activities and a 10% allocation for General Administration. Fifteen percent of the City's annual CDBG allocation for 2005 -2006 equals approximately $15,300. Ten percent of the City's 2005 -2006 allocation is $10,200. This year, the CDC requires that CDBG projects meet a minimum CDBG funding threshold of $10,000. Thus, although in the past, each of the three CDBG public service pro- jects have been funded using CDBG funds as well as a General Fund supplement, this year only one CDBG public service project, with the greatest unmet need, Juvenile Diversion, will be CDBG funded up to the maximum amount of 15% ($15,300). The amount of $63,700 to be taken from the General Funds will come from the sale of funds to the City of San Fernando ($75,734.10) in FY 03/04 that have been carried over to FY 04/05. I STAFF REPORT BACKGROUND & DISCUSSION: (cont.) A complete list of the proposed CDBG 2005 -2006 projects and budgets are: Home Delivered Meals (Public Service) Senior In -Home Care (Public Service) Total Budget Page 3 General Fund' CDBG Allocation Supplement Donations $30,100 $0 $21,100 $9,000 To provide approximately 5,000 -6,000 home delivered meals to El Segundo low and moderate - income elderly and severely handicapped persons annually. The City will procure services from a community - based, non - profit organization to implement this program. $35,000 $0 $35,000 N/A To provide approximately 400 -500 in -home visits annually to El Segundo low and moderate - income elderly and severely handicapped persons. The City will procure services from a qualified home health care agency to implement this program. Juvenile Diversion (Public Service) $16,000 $15,300 $700 N/A Under a continuing pubic service agreement with the South Bay Youth project, a community- based, non - profit organization, approximately 400 counseling service hours are provided by licenses family therapists to El Segundo at -risk youth. Minor Home $30,000 $30,000 0 N/A Repair The Minor Home Repair project provides financial assistance to qualified low and moderate income, single family, owner - occupied condominium and homeowners to make necessary minor home improvements. Grants in the amount of $5,000 and a deferred zero percent (0 %) loan up to a maximum of $10,000, for a total of $15,000 in assistance are offered. CDBG STAFF REPORT BACKGROUND & DISCUSSION: (cont.) Residential Sound Installation of ADA Compliant Doors at City Hall (Council Chambers En- trance) and Police Department Administration (max. 10 %) Page 4 regulations now require every housing rehabilitation project to comply with federal lead -based paint identification and remediation. Thus, eligible homeowners may use the grant allowance to compensate for the costs associated with lead -based paint hazard evaluation and reduction requirements. General Fund* Total Budget CDBG Allocation Supplement Donations $30,000 $30,000 $0 N/A The CDBG /RSI Program offers grants to single - family detached homeowners, not to exceed $8,000, and condominium owners, not to exceed $6,000 to obtain home insulation against airport noise under the City's RSI Program. CDBG funds pay all or a part of the homeowner's 20% share of the program cost. The Federal Aviation Administration will pay the other 80% share of the cost of sound insulation, per housing unit. Approximately three to four grants will be funded. $36,670 $36,670 $0 N/A (includes $20,000 of unspent 2004 -2005 CDBG funds) Demolition and removal of obsolete manual doors at the City Council Chambers and Police Department entrances. Replace with automatic, handicapped accessible double doors. $17,100 PAPlanning & Building 5afety \CDBG\CDBG05- 06ccmtg. $10,200 $6,900 N/A 1 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding changing the current street sweeping program to accommodate an "alternating side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted (Fiscal Impact = $23,000) RECOMMENDED COUNCIL ACTION: 1) Should the Council choose to implement an "alternating side" street sweeping schedule, staff recommends changing the street signs and implementing the change over a period of one year; 2) Upon implementation, staff is directed to notify residents at least thirty days in advance of the change; 3) Upon implementation, staff recommends that the City Council appropriate $23,000 to cover additional program costs; 4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 7, 2004, Council directed staff to evaluate the costs and feasibility of changing the current street sweeping program to accommodate an "alternating side" street sweeping schedule. The Public Works Department and Street Division have reviewed the request and examined issues including resident convenience, costs associated with implementing alternating side sweeping, scheduling issues and potential safety issues. Approximately 2,000 street sweeping signs would require modification. This encompasses approximately ninety percent of City streets. The current scheduling pattern has been in effect as long as the City has enforced a street sweeping parking schedule. In the short term, a change in this pattern will inconvenience residents and impact the Public Works Department, Street Division and the Police Department, Traffic Division. Staff recommends phasing the (Please see attached page marked 'Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $23,000 estimated Operating Budget: $172,000 Amount Requested: $23,000 Account Number: 001 -400- 4201 -6206 ($15,000); 001 - 400 - 4205 -5204 ($8,000) Project Phase: N/A Appropriation Required: Yes ORIGIN /jrTFDPY: DATE: January 10, 2005 C � /or 1 41 2 Background and Discussion (con't): implementation into four sections. One quadrant will be modified each quarter. For the sake of convenience, the quadrants would coincide with the City's standard "slurry seal quadrants. The boundaries are as follows #1- north of Mariposa, west of Sheldon to the north City limits; #2 — south of Mariposa, west of Sheldon to El Segundo Boulevard; #3 — north of Mariposa, east of Sheldon to the north City limits; #4 — south of Mariposa, east of Sheldon to El Segundo Boulevard. This phasing would minimize the inconvenience to residents and lessen the impact to City staff for ongoing and scheduled projects. The Streets Division would affix stickers to the signs in order to modify sweeping days. Each quadrant will be notified via hand delivered door hangers thirty days prior to a schedule change. Once a schedule change occurs, a ticketing grace period will be granted to that particular quadrant. Other public notifications would include a Public Notice, ads in local newspapers and calendar sections, the City webpage and Cable Channel, and the water bill. It should be noted that staff estimates the cost of implementing alternating side street sweeping at $23,000. The majority of those costs would result from an additional charge from the City's street sweeping contractor, Nationwide Environmental Services. The company has indicated that the change in an alternating side program would result in route duplication and additional down time that would run approximately $15,000 to offset additional "dead time" and fuel costs. Staff estimates that it would require approximately 230 staff hours to post stickers on existing street sweeping signs and an additional 200 hours to disseminate "door hanger" notifications announcing the change. An additional consideration of which the Council should be aware, Nationwide indicated that its crews currently work closely with Consolidated Disposal Services to ensure that street sweeping would not occur on the same days that trash is collected. The presence of trash cans on the street would inhibit the ability of street sweeping equipment to clean close to the curb line. Should the Council approve an alternating side sweeping schedule, it would be necessary to adjust trash days on many streets, thus requiring additional resident notification. The additional costs of implementing an alternating side street sweeping program, such as the signage stickers and public notifications, estimated at $8,000, and increase in contract street sweeping costs, estimated at $15,000, would require an additional budget appropriation. 15 2\ ! §w ( \ ° \}7 ■E uw " (§ \( \ ( 8k } / |4 )§ /�§ §! / }® §!) /! _ !, !))� § , §ea,§; , ,0-0 § § /�I ! \� = / \k�K ;§i §:( =E !!_ §)!)!!!!E °!:: /a!§■\`t | |§§§ 0 1, <0.lR W| 2 §! 1833 HM 8 ) s!l ;r -- - - - - - - - - - ; @ \. � �& 0 § f•�9 2/ / .E / D, r \ le ■ 16 { /f - _ ! |fs [ )} |G! |� § ,: \| ;� /\ EB }S CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/23/2004 THROUGH 1/6/2005 Date Payee Amount Description 12/29/04 Employment Development 41,226.32 State Taxes 12/29/04 IRS 181,950.17 Federal Taxes 12/30/04 Health Comp 145.83 Weekly claims 12/24 1/5/05 Health Comp 3,038.38 Weekly claims 12/31 1/5/05 Lane Donovan Golf Ptr LLc 12,997.81 Payroll transfer 12/23- 1/6/05 Workers Comp Activity 4,019.36 SCRMA checks issued 243,377.87 DATE OF RATIFICATION: 1/18/05 TOTAL PAYMENTS BY WIRE: 243,377.87 Certified as to the accuracy of the wire transfers by: Depu Trees rer Date - � /- //- U} Director of Administrative Service Date -f' City an ger Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 17 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (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. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 0 matter 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 1 IS REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell INVOCATION — Fr. Jim Anguiano of St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Jacobson presented a Proclamation inviting the residents of El Segundo to warmly welcome the members of the El Segundo Rotary Club as they judge the 2004 Lighting Up the Community program and proclaiming December, 2004 the month for Lighting Up the Community. (b) Council Member Busch presented a Commendation to the sponsors, supporters and volunteers for their unselfish community service in keeping the hometown holiday tradition alive in El Segundo by organizing the El Segundo Community Christmas Dinner to be held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks. (c) Council Member Boulgarides presented a Certificate of Commendation to Chevron Texaco El Segundo Refinery for its exemplary employees' 550 days and 3 million man -hours safety record. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - 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. Becky Gaines, resident, expressed a Happy Birthday to Mayor Pro Tern Gaines. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 2 r. ,1 John McCarty, resident, spoke regarding airport issues. Mike Robbins, resident, wished Seasons Greetings to Council and the community. Peggy Tyrell, resident, thanked the City for replacing the mail box in front of the Post Office. She also spoke on the condominium conversion project, and possible conflicts of interest. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04- 02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue. Mayor McDowell stated this is the time and place hereto fixed for a public hearing an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue. City Clerk Mortesen stated that proper notice was completed and two items of written communication had been received in the City Clerk's Office. Seimone Jurjis, Planning and Building Safety Director, gave a report. Brian Crowley, resident, spoke regarding the variances and their individual criteria. He further spoke against the project. Mike Robbins, resident, spoke against the project. Jane Turino, property owner, spoke against the project and parking difficulties with the project. Dan Reeder, Wyle Laboratories, spoke against the project and parking difficulties with the project. Stated the Wyle employee parking lot was over used by residents. Ron Swanson, resident, spoke in favor of the project if the parking issues could be resolved. Eric Johnson, ESRA, spoke against the project. Albert Marco, applicant, expressed his desire to comply with all the requirements, upgrade the building, and bring it and the parking issues into compliance. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 3 MOVED by Council Member Jacobson, SECONDED by Council Member Gaines to continue the public hearing to February 1, 2005. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Consideration and possible action regarding the introduction and reading of an Ordinance to amend Section 6- 4 -6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) dogs. Mary Strenn, City Manager, gave a report. Karl Berger, Assistant City Attorney, read by title only: ORDINANCE NO. 1379 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE § 6- 4 -6(A) REGARDING FEES FOR KENNELS HOUSING MORE THAN TEN DOGS. Council Member Jacobson introduced the ordinance. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES. BOARDS AND COMMISSIONS 3, Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2005. Council consensus to direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2005. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Approved Warrant Numbers 2544717 to 2544962 on Register No. 5 in the total amount of $1,486,560.94 and Wire Transfers from 11/25/2004 through 12/09/2004 in the total amount of $396,042.76. 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. 5. Approved City Council Meeting Minutes of December 7, 2004. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 4 21 6. Approved Professional Services Agreement No. 3430 between Moreland & Associates, Inc. and the City of El Segundo to provide temporary professional accounting services due to the elimination of the Assistant Finance Director position in the Accounting Division of the Administrative Services Department. (Fiscal Year: $30,000) Authorized the City Manager to execute. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 8. Adopted Resolution No. 4409 amending Section 5.40 of Resolution No. 4162 providing for two (2) additional stop signs to create a four -way stop intersection at Franklin Avenue and Richmond Street. 9. Accepted the work as complete for the construction of the El Segundo Skateboard Park located at 405 East Grand Avenue — Approved Capital Improvement Project — Project No. PW 04 -02. (Final project cost: $388,895.00) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 10. Awarded Contract No. 3431 to the lowest responsible bidder, HH Construction, for replacement of playground equipment at the Holly- Kansas Park — Approved Capital Improvement Project— Project No. PW 04 -09. (Fiscal Impact: $81,300) Authorized the City Manager to execute the construction contract on behalf of the City. 11. Authorized the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the City. 12. Approved the Senior Park Maintenance Worker class specification; Approved the Examination Plan; Adopted Resolution No. 4410 establishing the basic monthly salary range. 13. Awarded the equipment lease purchase Agreement No. 3432 to AA Equipment Company, effective January 1, 2005 through March 1, 2009, in the amount of $25,986.26 annually over the next 4 years, for a total of $117,511; Authorized the City Manager to execute a lease purchase agreement for the landscape maintenance equipment at the Lakes Golf Course, subject to approval by City Attorney. 14. PULLED FOR DISCUSSION BY MAYOR PRO TEM GAINES MOVED by Council Member Busch, SECONDED by Council Member Jacobson to approve Consent Agenda items 4, 5, 6, 8, 9, 10, 11, 12, and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MAYOR PRO TEM GAINES NOT PARTICIPATING IN ITEM # 10 DUE TO THE LOCATION OF HIS RESIDENCE. COUNCIL MEMBER JACOBSON NOT PARTICIPATING IN ITEM #9 DUE TO THE LOCATION OF HIS EMPLOYER. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 5 n L.. 7. Consideration and possible action regarding rejection of all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). MOTION by Council Member Busch, SECONDED by Council Member Jacobson to reject all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). Authorize staff to re- advertise a Notice Inviting Sealed Bids for construction services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action to authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of 3 -tier storage racks from Mr. Ron Swanson of S &S Hardware Company. MOVED by Council Member Gaines, SECONDED by Council Member Busch to authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of 3 -tier storage racks from Mr. Ron Swanson of S &S Hardware Company. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 15. Consideration and possible action regarding establishing appropriate levels of reserves within the Liability Insurance Fund based on an actuarial study performed by Jack Joyce Of Bay Actuarial Consultants (BAC). Bret Plumlee, Administrative Services Director, gave a report. Council Member Gaines requested the list of items deferred and not funded be given to Council. MOVED by Council Member Busch, SECONDED by Council Member Jacobson, to establish a Liability Insurance Fund Reserve plus Incurred but Not Reported (IBNR) liability at a minimum undiscounted 70 % confidence level and a target undiscounted 80% confidence level; Establish a minimum of $200,000 retained earnings in the Liability Insurance Fund; Review both the recommended confidence level and the minimum retained earnings levels annually during the budget process to determine if either level should be adjusted; Once the target level is reached, transfer additional retained earnings of $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 16. Consideration and possible action to approve Field Allocation Task Force's and the Recreation and Parks Commission's recommendation on a proposed El Segundo Athletic Field /Facility Use and Allocation Policy. (Fiscal Impact: None) Colleen Glynn -Rich, Recreation and Parks Commissioner and Chair of the sub - committee, presented a report on the sub - committee process and decisions. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to approve the proposed Athletic Field /Facility Use and Allocation Policy as approved as to form by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 6 J 17. Consideration and possible action to adopt a resolution of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). Jeff Stewart, Assistant City Manager, gave a report. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to adopt Resolution No. 4411 of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — Season's Greetings. H. REPORTS — CITY ATTORNEY — Karl Berger, Assistant City Attorney, announced the City Council voted unanimously in Closed Session tonight to authorize the City Attorney to initiate litigation against the City of Los Angeles, Los Angeles World Airports (aka the Department of Airports for the City of Los Angeles), the Los Angeles City Council, the Mayor of Los Angeles and the Board of Airport Commissioners, relating to the proposed expansion of Los Angeles International Airport. I. REPORTS — CITY CLERK — Reminded the Public of the cancellation of the January 4, 2005 regular Council Meeting. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Season's Greetings. Council Member Busch — Season's Greetings. Council Member Jacobson — Season's Greetings. Mayor Pro Tern Gaines — Commented on the wonderful parade, and traveling Santa. Season's Greetings. Mayor McDowell — 18. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 7 24 MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to approve request by Mr. S. Claus for waiver of the permits required for doing business within the City of El Segundo as follows: Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; b) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); c) Grant a free business license for a non - profit organization (ESMC 4- 1-7); d) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); e) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); f) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; g) Waiver of the Ordinance on Animal Regulations (ESMC 6 -2 -1); h) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell spoke regarding the litigation filed against the Airport. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Joe Brandon, resident, spoke regarding stop signs at Franklin and Richmond Street. He also spoke about blind cross walks within the City, especially the cross walk in front of City Hall. MEMORIALS — Pat Rotolo, father of Mike and Paula Rotolo, Clifford Meyer, 6 year, El Segundo Police Officer, Hazel Mortesen, Mother of Tim and Susan Mortesen (Shima). Thoughts and hope sent to the family of Nicholas Burns. CLOSED SESSION - None ADJOURNMENT at 8:35 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 21, 2004 PAGE NO. 8 {fr l EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a request from DIRECTV to place a 14,960 square -foot temporary sign on the exterior of the building for 2 months in recognition of the growth of recent subscribers and the announcement of the new company's slogan at 2230 East Imperial Highway. Applicant: DIRECTV RECOMMENDED COUNCIL ACTION: 1. Approve DIRECTV's request to install an oversized sign for two months; and /or 2. Alternatively, discuss or take other actions related to this item. BACKGROUND & DISCUSSION: On December 29, 2004, DIRECTV submitted a letter to the City requesting approval of a 14,960 square -foot (187' x 80') temporary sign. Section 15 -18 -8H of the Municipal Code requires that any sign over 500 square feet in area must be approved by the City Council. The proposed sign would be installed on January 20, 2005 and cover most of the north face of the building at 2230 East Imperial Highway, which is entirely occupied by DIRECTV. The sign would be grey with a white logo and white lettering with the slogan "DIRECTV, rethink tv ". The sign would be made of a perforated material affixed directly on the building glass with adhesive, which would allow light to pass through the sign. The sign would be lighted at night from 5:00pm to 6:00am with two temporary floodlights placed in the parking lot in front of the building. The City Council has approved several temporary banners of the same size for DIRECTV in the past. ATTACHED SUPPORTING DOCUMENTS: 1. Letter of Request from Edward J. Simon, Jr., Senior Director of Facilities, Purchasing & Administration, dated December 28, 2004. 2. DIRECTV Sign Illustration. 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: January 18, 2005 Seimone Jurji , Director of Planning and Building Safety /Acting City Engineer REVIEWED BY: DATE: Maryry S, City Man i REPORT CC.01.18. 05.doc F 7. December 28, 2004 W—Pami DIRECTV Planning & Building Safety Department and Community, Economic and Development Services Department City Hall 350 Main Street El Segundo, CA. 90245 RE: DIRECTV Corporate Building Banner Approval DIRECTV is recognizing our recent subscriber growth and introduction of our new company slogan, "DIRECTV, rethink tv ". This recognition, as we have done in the past, will include the temporary installation of a banner on the north side of the DIRECTV Corporate Building at 2230 E. Imperial Hwy, El Segundo. DIRECTV is submitting the "DIRECTV, rethink tv" banner concept for city approval. Description of Proposed Concept Concept: Adhesive banner measuring 187'x 80' on the north side of building with (2) stage lights to illuminate banner at night. Description of Banner: Text of sign in white and gray base color (see attached). Banner Text: DIRECTV rethink tv Installation of selected concept: All necessary drawings and permits will be obtained per City of El Segundo requirements. Banner Duration: Approximate installation; January 20, 2005 & approximate removal; March 20, 2005. Banner Illumination: Everyday from 5pm to 6am. Vendor's Involved: Installation: George C. Bonus, Co. Installer: Chris Bonus Banner Fabrication: Final Film, Co. Contact: Stacey Seitsinger Thank you for your continued support of the DIRECTV business. Regards, Edward J. Simon, Jr Senior Director, DIRECTV Facilities, Purchasing & Administration Wlattachment 2 2 3 0 E a s t I m p e r i a l H w y El S e g u n d o , CA 9 0 2 4 5 Phone 3 1 0. 5 3 5. 5 0 0 0 A Unit of The GIFECTV Group, Inc. 27 �i ..s . +$ x w 4p I ed a r�` �i ..s . EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a request for an operation permit located at 2041 Rosecrans Avenue to allow The Black Label Company, LLC, a chauffeured executive sedan service business to transport passengers on the City's public streets. RECOMMENDED COUNCIL ACTION: Approve an operation permit request for The Black Label Company, an executive sedan service business, to transport passengers on the City's public streets; and /or Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Black Label Company is a new business that would operate as an executive chauffeured limousine service in the City of El Segundo with an office located at 2041 Rosecrans Avenue. The Black Label Company is requesting the approval of an operation permit from the City Council pursuant to the requirements for vehicles for hire as specified in Chapter 4 of Title 4 of the ESMC. The Municipal Code requirements were established in 1973. The company proposes to initially operate with four vehicles and gradually increase the number to a total of ten vehicles by the end of the year. All vehicles used for this business will be new black 2005 Lincoln Town Car sedans. They will be parked within the parking structure located at the business park property owned by Continental Development Corporation. Black Label Company would lease 1,352 square feet of office space and the parking associated with the operation of the business at 2041 Rosecrans Avenue. The limousine service office would be (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: Letter of Request from William Santana Li, Chairman and Chief Executive Officer of operations dated November 29, 2004 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: January 18, 2005 Seimone Jurjis it or of Planning and Building Safety /Acting Citv Enaineer REVIEWED BY: DATE: Ma StPe City Manager 6 STAFF REPORT Page 2 BACKGROUND & DISCUSSION: (cont.) located in a 3 -story building that contains both office and retail uses with a movie theater located in a separate building on the same property. The property contains 570 parking spaces on -site and is part of a development that includes access to 844 additional parking spaces during evening and weekend hours that are shared with a nine -story office building off - site across Nash Street. The proposed use would comply with the parking requirements. No more than ten vehicles will be stored in the on -site parking structure overnight and when not in use. No maintenance of the vehicles would occur on the premises. The applicant hopes to target a corporate level client base that exists in the southern portion of the City of El Segundo and along the Rosecrans Avenue business corridor by locating at this property. The zoning designation for the property located at 2041 Rosecrans Avenue (northwest corner of the intersection at Nash Street) is (MU -S) Urban Mixed -Use South. Currently offices are a permitted use by right in the M -US Zone. The business operation includes the storage of ten vehicles. The fleet of vehicles will be stored overnight at the parking structure, but will be transporting passengers during most of the day. Open storage of commodities sold or utilized on the premises is a permitted accessory use within the MU -S Zone. Therefore, the sedan service would be allowed by right at 2041 Rosecrans Avenue. Staff recommends approval of The Black Label Company request for an operation permit for vehicles for hire at 2041 Rosecrans Avenue as required by ESMC §§ 4 -4 -3, 4 -4 -4 and 4 -4 -9 and as determined by the City Council as a public convenience and necessity per ESMC § 4- 4-2. Additionally, staff recommends that the approval be subject to the condition that all the vehicles for hire must be stored in the parking structure and be limited to a maximum of 10 vehicles. If an operation permit is approved, The Black Label Company must obtain a permit from the City Clerk and pay a license fee as provided for in ESMC §§ 4 -4 -4 and 4 -4 -6 respectively. The operation permit shall remain in effect until revoked or suspended bythe City Council per ESMC § 4 -4 -5. Additionally, if an operation permit is approved, The Black Label Company will have to provide evidence of valid driver's permit, vehicle permits and insurance per ESMC §§ 4 -4 -7, 4 -4 -10, and 4 -4 -11. A business license is also required in addition to an operation permit for a chauffeured sedan service. PAPlanning & Building SafetyWim \Black Label Sedan Service CC.01.18. 05.doc J� Nov 29 2004 5:37PM Missile The Black Label Company 2001 Rosecmns Avenue - Suite 359 El Segundo, CA 90245 Seimone Jurjis, P.E. Director— Planning & Building Safety City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 -3813 Re: The Black Label Company — Business License Dear Director Jurjis, (310) 937 -6800 P.1 William Santana U President 29 November 2004 By way of introduction, Assistant Planner Baldenegro recommended that The Black Label Company provide you a written communication in reference to its application for a business license to operate in the City of El Segundo. As a senior automotive executive and entrepreneur, I have always been keen in building companies relating to the automobile industry (my biography is attached for your reference). To that end, we recently established The Black Label Company LLC as a new venture in the executive sedan / limousine service business. We have leased 1,352 square feet of office space in the Continental Development Corporation business park at 2041 Rosecrans Avenue— Suite 359 in El Segundo. We are hoping to position and develop the firm with an innovative marketing approach, operational efficiency, and leveraging of technology, in an effort to build a sound and prosperous business. During our pilot phase, we intend to employ approximately four (4) vehicles and slowly grow to ten (10) as we stabilize the company. All of these vehicles will be new black 2005 Lincoln Town Car L vehicles and will be parked in the parking structure associated with the business park, as part of our lease agreement, provided by Continental Development Corporation, when the vehicles are not in operation. Our target customer base is primarily corporations and business travelers which is why our location in the Rosecrans business corridor is of great importance given the number of businesses and the over 10,000 employees in the area. As with all these type of businesses, we require to go through a number of approval processes which include but are not limited to the Department of Motor Vehicles, the Public Utilities Commission, California Highway Patrol, etc. However of importance is that we cannot move forward on these other time intensive matters until we have secured a proper business license from the City of El Seoundo. We had hoped to begin operations in Jan 2005 and very much wish that with your assistance we will be able to secure the aforementioned license quickly so that we may proceed with the other legal and regulatory matters in a timely manner. Thank you for time and kind attention to this matter. I may be reached directly at 310.993.0123 should you or your staff wish to discuss. cc: Maria Baldenegro Res��p��ec2antana William Li NOV -29 -2004 16:34 310 937 6800 96% ..I P.B1 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of Ordinance No.1379 amending Section 6- 4 -6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) dogs. RECOMMENDED COUNCIL ACTION: 1) Second reading and adoption of Ordinance No. 1379 by title only; and /or 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 21, 2004, the Council held a public hearing and discussed the proposed Ordinance that allows kennels seeking to house more than ten (10) dogs to pay an additional license fee for obtaining such permission. No member of the public spoke on the issue. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1379 FISCAL IMPACT: None Operating Budget: NIA Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: No ORIGINATED BY: DATE: January 18, 2005 Seimone Jurjis, krector of Planning and Building Safety /Acting City Engineer REVIEWED BY: DATE: Mary Str City Manager /// 210 PAPlanning & Building Safety \Sjurjis \Staff Reports Part 2 \Kennel License \DRAFT 01 -18 -05 Kennel License wl.doc J �• h ORDINANCE NO. 1379 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE § 6- 4 -6(A) REGARDING FEES FOR KENNELS HOUSING MORE THAN TEN DOGS. The Council of the City of El Segundo does ordain as follows: SECTION 1: El Segundo Municipal Code (`SSMC ") § 6- 4 -6(A) is amended to read as follows: "A. Any person conducting, managing or maintaining a kennel must pay the city an annual fee for the privilege of conducting or maintaining a dog kennel. The amount of the annual fee will be set by city council resolution and entitles the kennel operator to maintain ten (10) or fewer dogs. An additional fee, set by city council resolution, must be paid by persons managing or maintaining kennels housing more than ten (10) dogs." SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 3: Repeal of any provision of the El Segundo Municipal Code does 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: The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing municipal code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. This ordinance is an action that does not have the potential to cause significant effects on the environment. 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 take effect on the 31st day following its final passage and adoption. Page 1 of 2 V PASSED AND ADOPTED this day of 2004. ATTEST: Cindy Mortesen City Clerk APPROVED AS TO FORM Mark D. Hensley, City Attorney ILE Karl H. Berger, Assistant City Attorney Kelly McDowell, Mayor Page 2 of 2 3 3-2 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the project for the Installation of ADA Automatic Doors at the City Library (111 West Mariposa Avenue), Joslyn Center (339 Sheldon Street), and City Hall (350 Main Street) — Approved Capital Improvement Program — Project No. PW 03 -04 —CDBG Project No. 600069 -01 — (Final contract amount = $54,860.00). ACTION: Recommendation — (1) Accept the work as complete; (2) Approve change order #1 in the net amount of $530.00 credit; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; and /or (4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City Council, on May 4, 2004, awarded a contract in the amount of $55,390.00 to Don La Force Associates for the installation of ADA compatible automated doors at the City Library, Joslyn Center, and City Hall. The work has been completed to the satisfaction of staff. Staff recommends acceptance of the project and approval of change order No. 1. Change order No. 1 is for a credit of $1,700.00 for a design change to use existing doors at the Joslyn Center, and an added cost of $1,170.00 for a design change to use sliding doors at City Hall, for a net credit of $530.00, and for a final contract amount of $54,860.00. ATTACHED SUPPORTING DOCUMENTS: Notice of completion FISCAL IMPACT: Operating Budget: $80,000.00 Amount Requested: $54,860.00 Account Number: 111 - 400 - 2781 -8498 (CDBG funds) Project Phase: Accept the work as complete Appropriation Required: No ORIGINATED BY: DATE: January 12, 2005 Seimone J�isMirector of Planninq & Buildinq Safetv /Acting C REVIEWED BY: DATE: Mary Str n, City Manager 8 �C Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Installation of ADA Automatic Doors at the City Library, Joslyn Center, and City Hall Project No.: PW 03 -04 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: City Facilities 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 17, 2004. The work done was: Installation of ADA automatic doors 6. On January 18, 2005, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Don La Force Associates 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: City Library, Joslyn Center, and City Hall 9. The street address of said property is: 111 West Mariposa Avenue, 339 Sheldon Street, and 350 Main Street Dated: Seimone Jurjis Acting City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2004 at El Segundo, California. Seimone Jurjis Acting City Engineer 3 6 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the Installation of Chlorination System at the City Pool located at 219 West Mariposa Avenue — Approved Facilities Maintenance Program — Project No. PW 03 -14 — (Final contract amount = $33,471.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Approve change order #1 in the amount of $1,841.00; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; and /or (4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 18, 2004, the City Council awarded a contract in the amount of $31,630.00 to Horizon Mechanical Contractors of California for the installation of a new chlorination system at the City Plunge. The work included replacing the existing gas chlorination system with a dry chlorination system to meet current safety standards. The work has been completed to the satisfaction of staff. Staff recommends acceptance of this project and approval of change order No. 1. Change order No. 1 is for the installation of an acid vent pipe in the amount of $1,841.00, for a final contract amount of $33,471.00. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Operating Budget: $427,750.00 Amount Requested: $ 33,471.00 Account Number: 405 - 400 - 0000 -6215 Project Phase: Accept the work as complete Appropriation Required: No ORIGINATED BY: / DATE: January 12, 2005 Seimone JKis, 'birec REVIEWED BY: 4aA S tCity Ma of Planning & Build Engineer DATE: Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Installation of Chlorination System at the City Plunge Project No.: PW 03 -14 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: Dated 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: City Facility 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on October 8, 2004. The work done was: Installation of chlorination system 6. On January 18, 2005, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Horizon Mechanical 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: City Plunge 9. The street address of said property is: 219 West Mariposa Avenue Seimone Jurjis Acting City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2004 at El Segundo, California. Seimone Jurjis Acting City Engineer n EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of plans and specifications for the repair of the connections of the steel roof truss at the City pool located at 219 W. Mariposa Ave. - Project No. PW 05 -01 - (Estimated cost = $65,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise the project for receipt of construction bids; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: A recent survey of the City pool resulted in an indication of corrosion at the connections between the steel roof truss and concrete walls. A structural engineer was hired to assess the condition and develop plans that would repair the connection. This work is not considered as a structural retrofit but merely a repair of a deteriorating condition. Staff will return to City Council in March with the apparent low bidder to the project. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Capital Improvement Program Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: No $728,500.00 $65,000.00 301 - 400 - 8202 -8476 Adoption of plans and specifications No ORIGINATED BY: DATE: January 11, 2005 Seimone JurjK, Dlector of Planning and Building Safety / Acting City Engineer BY: DATE: /4" Mary Strenn, City Manager 10 P1PUBLIC WORKS \COUNCIL STAFF REPORTS \FINAL 01 -18 -05 Adoption of Plans and Specifications for Steel truss repair PW 05- 01.doc J� EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to Spectra Contract Flooring for purchase and installation of marmoleum flooring at the clubhouse — 300 E. Pine Ave. (Fiscal Impact = $49,100) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award bid to the Spectra Contract Flooring for $49,100; (2) Authorize the City Manager to execute an agreement on behalf of the City as approved to form by the City Attorney; and /or, (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The vinyl tile flooring at the clubhouse, located at 300 E. Pine Avenue, is in the process of being abated. Staff has specified marmoleum flooring as replacement to the existing tiles. Marmoleum flooring is made from natural materials, is highly durable, and easy to maintain. Three vendors were contacted for prices on the flooring. The bids are: 1. Spectra Contract Flooring: $49,062.00 2. Contempo Floor Coverings: $59,313.00 3. Sunset Floors: $62,398.00 Staff recommends City Council award a contract to the lowest bidder, Spectra Contract Flooring for $49,062.00. This price includes the purchase, preparation, installation of the Flooring along with the base boards. None FISCAL IMPACT: Capital Improvement Program: No Operating Budget: $5,930,500.00 Amount Requested: $49,100.00 Account Number: 301 - 400 - 8202 -8490 Project Phase: Award of contract Appropriation Required: Yes ORIGINATED BY: DATE: January 12, 2005 �cr�Q Seimone Jurj' , Director of Planning and Building Safety / Actinq Citv Enaineer KLVILwED BY: Maryry Stre 40 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the waiver of fees for city services associated with 13th Annual "Run for Education ". Fiscal Impact: $3,370 RECOMMENDED COUNCIL ACTION: 1) To waive fees for city services associated with the 13th Annual Run for Education. 2) Alternatively discuss and take other action on related to this item. BACKGROUND & DISCUSSION: The Run for Education has become an annual fundraising event for the El Segundo Unified School District and is coordinated by the Districts PTA's. This event has been held in El Segundo for twelve years and is similar to those of years past with a request for fees to be waived. 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 on Saturday, March 19, 2005. The city services that are being requested are the use of the street barricades for street closures, street posting, the portable small green stage and police services for traffic control. ATTACHED SUPPORTING DOCUMENTS: Letter of Request from Run Director, Francoise Crannell Run Route FISCAL IMPACT: $3,370 Operating Budget: Amount Requested: $785. Account Number: 001 - 400 - 4202 -4101 = $766. / 001 - 400 - 4202 -6224 = $29. Project Phase: na Appropriation Required: Public Works = $766 X Yes (Police = $2.795) X No UK W I NA I ED: DATE: 1/18/05 Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: 12 �1. EXHIBIT A El Segundo PTAs Run For Education C/o ESUSD, 641 Sheldon Street, El Segundo, CA 90245 September 28d' 2004 El Segundo City Council 350 Main Street El Segundo, Ca. 90245 Dear members, The date for the annual "Run For Education" has been set for Saturday March 19'h 2005. The 5Kwi11 start at SAM and will be followed by the Kids Fun Run at 9:15AM. This event is a non -profit fund raiser. All proceeds benefit the students of all El Segundo Public Schools. The run requires traffic assistance as well as barricades along its course. On behalf of the "Run for Education" committee, I would like to request that all fees occurred by the Police Department and the Public Works be waived. We appreciate your consideration and continue support for our children's education. Sincerely, r cz Francoise Crannell Run Director "Run For Education" 839 Center Street El Segundo, Ca. 90245 (310) 322 -9089 4 u F El Segundo PTAs Run For Education % ESUSD, 641 Sheldon Street, El Segundo, CA 90245 45-49 55 -59 65+ 50 -54 60-64 Exhibit B ;i EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding re- establishing a public parking permit fee for the parking garage located at 121 Grand Avenue in Article E, Chapter 8 -5 of the El Segundo Municipal Code. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Introduce and waive first reading of proposed Ordinance; (2) Schedule second reading and adoption of proposed Ordinance for February 1, 2005; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 5, 2003, the City Council held a public hearing and adopted Resolution No. 4340 establishing a parking permit fee of $50 per space for the parking garage located at 121 Grand Avenue. The City leases 100 spaces from 612 Twin Holdings LLC of which 50 spaces have a two (2) hour parking restriction and 50 spaces are available on a permit basis. The City Council also introduced Ordinance No. 1369 adding Article E to Chapter 8 -5 of the Municipal Code which regulates the 50 spaces reserved for permits. That ordinance included a "sunset clause" which automatically repealed the Ordinance after one year. The intent of the sunset clause was to evaluate the effectiveness of the program after one year and consider modifications, if necessary. Continued... ATTACHED SUPPORTING DOCUMENTS: A. Ordinance FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: None ORIGINATED BY: DATE: Hansen, Director of Economic Development Stre City M ` //� 44 W The permit parking is available to interested individuals or businesses, but participation is not required. During the first year of operation, the program experienced limited participation. Five individuals purchased permits with terms ranging between three months and one year yielding $1,650 in revenue. It is anticipated demand for the program will increase as properties are modified to accommodate second story additions and the number of customers grow as the result of new restaurants, retail and offices. The proposed Ordinance, upon adoption, would remove the expiration date in Ordinance No. 1369 and extend its effectiveness indefinitely beginning November 17, 2004. M ORDINANCE NO. AN ORDINANCE REPEALING SECTION 2 OF ORDINANCE NO. 1369 TO RETROACTIVELY REPEAL THE SUNSET CLAUSE IN THAT ORDINANCE. The Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. On November 18, 2003, the City Council adopted Ordinance No. 1369 for the purpose of regulating parking at the newly constructed parking structure located adjacent to the Cooke's Market; B. Ordinance No. 1369, in part, allowed persons and businesses to purchase parking permits in order to reserve parking spaces within the parking garage; C. When it adopted Ordinance No. 1369, the City Council added a "sunset" clause into the Ordinance which caused it to automatically expire one year from its effective date; D. The purpose of the sunset clause was for the City Council to review the success of the parking permit program and determine whether or not it should be continued; E. Based upon information submitted into the record including, without limitation, the staff report and presentation, the Council is satisfied that the parking permit program should be continued; F. The City Council did not intend for Ordinance No. 1369 to expire in November 2004; G. The City Council recognizes that California law, including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v. Eugene B. (1987) 192 Cal.App.3d 771, allows ordinances to be retroactively applied when the legislative intent for such retroactivity is clear; H. The City Council's intent in adopting this Ordinance is to remove the expiration date in Ordinance No. 1369 and extend its effectiveness indefinitely beginning November 17, 2004; It is in the public interest to adopt this Ordinance in order to continue the 46 success of the parking permit program; SECTION 2: Section 2 of Ordinance No. 1369 is repealed effective November 17, 2004. All other sections of Ordinance No. 1369 remain unaffected by this Ordinance. SECTION 3: Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in 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 to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this day of 2005. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney 0 Karl H. Berger, Assistant City Attorney 2 Kelly McDowell, Mayor 47 EL SEGUNDO CITY COUNCIL MEETING DATE: January 18, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding possible sale of future payment by the State to compensate the City for $283,135.86 loss in Vehicle License Fee (VLF) revenues for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities Statewide Development Authority (California Communities) program. (Fiscal Impact $283,136) RECOMMENDED COUNCIL ACTION: (1) Review draft Resolution and approve the concept to sell future payment by the State to compensate the City for $283,135.86 loss in VLF funds for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities program. (2) Once final Resolution is adopted at a future City Council meeting, deposit estimated proceeds of just over $250,000 into the Economic Uncertainty Fund. (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: As part of the budget act of 2004, the City will lose $872,160 each of the next two fiscal years and is scheduled to receive approximately $283,000 August 15, 2006 as a reimbursement for VLF backfill funds that were taken from the City for the period beginning June 20, 2003 and ending prior to October 1, 2003. ATTACHED SUPPORTING DOCUMENTS: ➢ Draft Resolution to sell $283,135.86 in VLF backfill funds to California Communities FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: $250,000 Sale of VLF backfill repayment funds Appropriation Required: —Yes x No ORI NATED BY: DATE: Bret M. Plumlee, Director Administrative Services RE I ED BY: DATE: Mary Stre n, ity Manager �' I //a /0S� 48 14 Background and Discussion Continued -Pace Two The term "backfill" as used in the context of vehicle license fees refers to the state's obligation to provide funding to cities and counties for the difference between the original 2.0% VLF tax rate and the reduced tax rate of 0.67 %. The backfill "gap" refers to the amount of unfunded vehicle license fees payable from the state to cities and counties in FY 2003 -04 as a result of AB 1768 (2003). Under this bill, cities and counties were not entitled to receive backfill funding from the state to offset reduced VLF rates on vehicle registrations due prior to October 1, 2003, but paid after June 19, 2003. When Governor Davis "pulled the trigger" to restore the VLF tax rate from 0.67% to 2.0 %, it was to apply to registrations due October 1, 2003 and beyond. In essence, the state's FY 03 -04 budget removed all funding for the VLF backfill effective with the pulling of the trigger. A VLF funding gap was created from June 20, 2003 until registrations paid at the full rate were remitted. The total backfill gap became $1.3 billion, and represented a loss of about 31 % of cities and counties VLF revenue for 2003 -04. However, under current law, the losses to cities and counties due to the VLF backfill gap are now considered a loan to the state and a receivable to cities, which is to be repaid by the state in FY 2006 -07 (August 15, 2006). The City of El Segundo's VLF Gap Loan Receivable that is payable by the State by August 15, 2006 is $283,135.86. California Communities, a joint powers authority sponsored by the League of California Cities and the California State Association of Counties, has put together a program, which enables local agencies to sell their VLF Gap Loan Receivable to California Communities today for a price between 90 -96 %, rather than wait for payment from the State in August 2006. The program is administered by California Communities and sponsored by the League of California Cities and California State Association of Counties. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California, including El Segundo. Under the VLF Program, each participating Agency will be selling its interest in its VLF Receivable to California Communities for a fixed upfront purchase price. California Communities is planning to issue bonds ( "VLF Bonds ") and to use the note proceeds to pay the purchase price on the VLF Receivables, interest to VLF Bond investors and financing costs. The actual purchase price of the VLF Receivables will depend on the total amount of VLF Receivables that cities and counties sell to CSCDA and on bond market conditions at the time the VLF Notes are priced. If the City sells its VLF Receivable under the VLF Program, California Communities will pledge the City's VLF Receivable to secure the repayment of a corresponding portion of the VLF Bonds. An Agency's sale of its VLF Receivable will be irrevocable and is considered to be a "true sale" under legal and accounting guidelines. Bondholders will have no recourse to the City if the State does not make the VLF Gap Repayment. Tax - Exempt Vs. Taxable Pool — Each Participating Agency has the choice of selling their VLF Receivable on a taxable or tax - exempt basis. To receive proceeds on a tax - exempt basis, the Agency must demonstrate that it will use the monies for a permissible tax - exempt use (e.g. purchase of public improvement). The advantage of selling VLF receivable on a tax - exempt basis is that the interest rates on the VLF Bonds issued to pay your purchase price will 4J beset at lower (tax- exempt) rates relative to VLF Bonds issued at taxable rates. This interest cost savings, however, is offset by additional legal fees (either $10K or $20K higher, depending on your expected tax - exempt use) to complete the tax analysis and prepare additional tax documents. Based on current rates, an Agency with a VLF receivable below $500,000 will see their net proceeds decline by selling on a tax - exempt basis. Since the City of El Segundo's VLF gap loan amount of $283,135.86 is under the $500,000 threshold, staff is recommending selling the funds to CSCDA on a taxable basis to maximize the proceeds. Current Estimate of Sale Proceeds — Assuming current interest rates and a 21 -month taxable interest rate of 3.70 %, California Communities estimates the City would receive just over $250,000 if the VLF bonds were sold today. The estimated breakdown of the sale of would be as follows: VLF Receivable: $283,135.86 Less: Interest Paid to Investors ($18,131.93) Less: Credit Enhancement Fees ($1,507.34) Less: Legal Fees ($10,000.00) Less: Other Bond Issuance Costs ($1,330.74) NET SALE PROCEEDS: $252,165.84 The actual amount of sale proceeds will not be finalized until the VLF Bonds are sold. The VLF Bonds are expected to be sold to investors the last week in February. Each participating local agency will receive their sale proceeds by mid - March. Investment Opportunities for Taxable Proceeds — By participating in the VLF Program, an Agency will receive monies for its VLF Receivable approximately 18 months before the 8/15/06 repayment date promised by the State. Assuming the estimated proceeds is invested in an 18 -month U.S. Treasury (est. yield: 2.70 %), the City would recoup an additional $10,212.72 in earnings (equal to 3.61% of the VLF Receivable). If the State does not repay the VLF Receivable on 8/15/06, there is no provision in the law for the VLF Receivables to accrue interest. Therefore any delay in payment by the State will result in loss interest earnings for local Agencies, which do not participate in the VLF Program. Assuming the State did not repay the VLF Receivable until 8/15/07, the City could earn $24,586.17 in investment earnings based on an assumed 3.25% investment rate (equal to 8.69% of the VLF Receivable) if it sold its VLF Receivable and invested the sale proceeds. Update on Interested Participating Cities /Counties — Currently, there are 130 cities /counties that are interested in participating in the program with a combined VLF Receivable amount is over $400 million. This represents more than 40% of the total VLF Receivable amount to cities /counties in the State. Conceptual approval of selling the future repavment of VLF gap funds Since there are so many agencies that are interested in joining the VLF program, the draft Resolution attached and prepared by California Communities' legal counsel likely will need to be modified again before becoming final. At this point, staff is recommending that the City Council approve the concept of selling 50 $283,135.86 in future VLF backfill gap repayment funds through the California Communities program. The estimated net proceeds to the City, depending on interest rates when the bonds are issued, are approximately $250,000, and staff recommends these proceeds be deposited into the Economic Uncertainty Fund. Once the Resolution is in final form and there are no significant modifications, staff will return to City Council for final approval. 51 Draft — Subject to Change [CITY COUNCILBOARD OF SUPERVISORS] OF THE [SELLER NAME] A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, certain public agencies within the State of California (the "State ") are entitled to receive certain payments payable by the State to each such local agency on or before August 15, 2006, in connection with vehicle license fees pursuant to Section 10754.11 of the California Revenue and Taxation Code ( "VLF Gap Repayments "); �{ WHEREAS, the [Seller Name] (the "Seller ") is entitled to an &8:;1trii ed to sell all right, title and interest of the Seller in and to the "VLF Receiva idel4e ection 6585(i) of the California Government Code (the "VLF Receiva ;:;; itam .:T% ht to payment of moneys due or to become due to the Seller out of fu ds:ia In c 'iiie tion with vehicle license fees to a local agency pursuant ti on 10.:$x; 1 of the C 1f]'o is Revenue and Taxation Code, in order to obtain money t uiltl3. ubli :raja t...;: prove ':t�0 and/or programs deemed necessary to meet the nee�of the �lei•`s: opul i G..4 ...... WHEREAS, the - tlo.]I : lil oriz i] :4 sell: or tll c ise dispos :0# s property as the interests of its residents r diiarer' zf: joint evelopment Authority, a California pursuant to Section 6588(w) of the . E .aa.e .i ?i7 rit'•' purchase the VLF Receivable and the Seller desires to sell th : F e a ie j] rsu o a purchase and sale agreement in substantially the form presente ii,4: h'.,.[C: u `' it /Board of Supervisors] (the "Sale Agreement ") by and between the Selle :4`0 - ]i$;,'' thor y for the purposes set forth herein; N AS, in order to finance the purchase price of the VLF Receivable from the Seller and the purchase price of other VLF Receivables from other local agencies, the Authority will issue its taxable and tax - exempt notes (the "Notes ") pursuant to an Indenture (the "Indenture "), between the Authority and [Trustee], as trustee (the "Trustee "), which Notes will be payable solely from the proceeds of the VLF Receivable and such other VLF Receivables; WHEREAS, the Seller acknowledges that the Authority will grant a security interest in the VLF Receivable to the Trustee and any credit enhancer to secure payment of the Notes; UOCSSP1:778314.7 G WHEREAS, a portion of the proceeds of the Notes will be used by the Authority to, among other things, pay the purchase price of the VLF Receivable [which will be deposited in the Seller's Participant Account in the Proceeds Fund held by the Trustee under the Indenture]'; [WHEREAS, pursuant to the terms of the Indenture, the Escrow Agent will hold and invest, at the direction of the Seller, the sale proceeds in the Seller's Participant Account in the Proceeds Fund and will disburse such proceeds and the investment earnings thereon only upon the written request of the Seller, as provided in the Indenture ;]2 WHEREAS, the Seller reasonably expects to use the proceeds from the sale of the VLF Receivable for the purposes described in Appendix A attached hereto and by reference incorporated herein (collectively, the "Project "); NOW THEREFORE, the [City Council /Board of Supervisors] of the [Seller Name] hereby resolves as follows: Section 1. All of the recitals set forth above are true Council/Board of Supervisors] hereby so finds and determines." Section 2. The Seller hereby authorizes th Authority for the Minimum Sale Price set forth ' pend Seller's proposed use of the sale proceeds doe :;tot: j. alify taxable basis. The form of Sale Aercetnent or ''eiaf'' to thi is hereby approved. An and directed to execute a substantially the r and additio h&Uo:2• cti 'iS3 to cause to a�`: }n the sale of California iov.,z n ?:.:.:Secis� ' 4 application if-ith �..':PKc ee on this [City tie- VL..:i:.: ceivable to the 3n a [tax-ex`U"p" basis, or if the mpt f'` ', ing, then on a]3 tCt3 ncilB;; of Supervisors] `'" dix A) i s9s` eby authorized f of the Sell; t:; hich shall be in ges therein,:' ` etions therefrom ove, which approval shall be Agreement. t er isby authorized and directed to send, or v -0- e j(. ction to the State Controller notifying the State of v b nd "'5!> u g the disbursement pursuant to Section 6588.5(c) of IN e:o he Receivable to the Trustee, on behalf of the Authority. e [City CouncilBoard of Supervisors] hereby approves the ds from the sale of the VLF Receivable to the funding of the Project. Section 5. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to one or more tax certificates, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Notes, and such other documents mentioned in the Sale i May be needed if it is necessary to restrict the use of the proceeds at the Seller level for a tax- exempt financing. 2 May be needed if it is necessary to restrict the use of the proceeds at the Seller level for a tax - exempt fmancing. 3 For a tax - exempt financing. DOt:SSF1:778314.7 2 , Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 6. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the VLF Receivable or the issuance of the Notes, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this [City Council /Board of Supervisors], and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. UOCSS1 1:778314.7 3 54 Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the [City Council /Board of Supervisors] of the [Seller Name], State of California, this day of , by the following vote: AYES: NOES: ABSENT: (Seal) Attest: [Mayor /Chair of the Board DOCSSP1:778314.7 4 5„ APPENDIX A [SELLER NAME] Description of Project: [Describe reasonably expected use of the proceeds from the sale of the VLF Receivable.] [For capital project financing: acquisition, construction, development and /or equipping of the following public capital improvements (the "Improvements "), for which all necessary approvals (including CEQA compliance) required prior to the sale of the VLF Receivable have been obtained: [describe Improvements] .]4 Minimum Sale Price: An amount equal to or greater than $ "Minimum Sale Price "). Authorized Officers: [Mayor /Chairman of the Board]; [Vice- Mayor /Vice Cha' n of [City Manager /Count tl " inist [Finance or /Tr ,.... ; .. any any ;.as Trustee. i For capital project financing. of DocssF1:778314.7 .56 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: January 18, 2005 AGENDA HEADING: Reports — Council Member Busch AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of a resolution supporting an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. RECOMMENDED COUNCIL ACTION: 1) City Council adopt the attached resolution supporting an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City of Morro Bay is requesting support of its effort to amend the Americans with Disabilities Act. As stated in the October 12`" letter from the Morro Bay City Attorney, there are concerns litigation is impeding remedies to access issues. Legislation at the Federal level (H.R. 728, ADA Notification Act, Foley, R -FL) has been introduced to address this issue. Similar legislation was introduced at the State level but did not make its way into law (AB 2594, Public Accommodations: Persons with Disabilities, Leslie, R - Tahoe City). The Americans with Disabilities Act of 1990 is a good law; however, it does not give small business owners an opportunity to remedy alleged violations. Concerns exist that lawsuits are being filed for minor technical access violations thus impeding remedies to access issues. It is recommended that the City Council support this change to the current ADA law. ATTACHED SUPPORTING DOCUMENTS: 1) Letter of request by City of Morro Bay dated December 21, 2004. 2) Resolution Supporting Legislation Amending the Americans with Disabilities Act to Require Notice Prior to Filing Legal Action. FISCAL IMPACT: Operating Budget: N/A Amount Requested: Account Number: Project Phase: Yes No ORIGINATED BY: DATE: January/_2005 Council Member Eric Busc7i REVIEWED BY: — DATE: January/4, 2005 Mary S, City Manager 15 57 t �4 City of Morro Bay Morro Bay, CA 93442 a 805 -772 -6200 December 21, 2004 Maly Strenn El Segundo City Manager 350 Main Street El Segundo, CA 90245 -3813 Re: Request for support for legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. Dear City Manager: This correspondence is being sent to you at the direction of the City Council for the City of Morro Bay to solicit your support for legislation that would amend the Americans with Disabilities Act and California State Access law's to require notice prior to filing a lawsuit. As you may know, the City of Morro Bay is located on the Pacific Coast of California about half way between San Francisco and Los Angeles near Hearst Castle and the Big Sur Coast. The City of Morro Bay is a working fishing village and the local fishing industry is one of the most important along the California Coast. The City is a pleasant tourist destination with shops, restaurants and hotels along the coastline and within several blocks of the primary streets. The Embareadero, which runs along the waterfront, includes art galleries, tourist gift shops, surf and sport shops and dozens of restaurants. The City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. There are absolutely no national chains in the City of Morro Bay except grocery stores and fast food chains. All of the shops and restaurants are locally owned and operated and are considered "Mom & Pop" shops. In 2002, litigation was filed against the City for alleged violations of the Americans with Disabilities Act (ADA) and State Access laws. The City quickly settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements over the next five years. The City was unable to settle the portion of the lawsuit dealing with attorneys' fees as plaintiff's attorneys demanded approximately $200,000. The Court recently reduced the amount of the attorneys' fees to $54,000; however, plaintiff's attorney is appealing the decision. In 2004, litigation was filed against 16 locally owned and operated restaurants in Mono Bay for alleged violations of ADA. All of the lawsuits are identical and have been filed by the same plaintiff and attorney. These lawsuits have had a tremendous impact on the Comi-minity. Two of ADMINISTRATION 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero Road CITY ATTORNEY 955 Shasta Avenue POLICE DEPARTMENT 870 Morro Bay Boulevard FINANCE DEPARTMENT 595 Harbor Street PUBLIC SERVICES 955 Shasta Avenue FIRE DEPARTMENT 715 Harbor Street RECREATION &r PARKS 1001 Kennedy Way 58 Request for Support - ADA December 21, 2004 the restaurants have had to close their doors as they did not have the financial ability to fight the allegations. The 14 -year -old Americans with Disabilities Act is a good law. Unfortunately, the intent and spirit of the Americans with Disabilities Act of 1990 is being abused by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, these attorneys are filing lawsuits for minor technical access violations. Fearing the time, hassle and expense of lawsuits, small businesses are being forced into cash settlements — most of which goes to the attorneys. By creating a multitude of cases, these attorneys are generating substantial amounts of income for themselves at the expense of small businesses. To help rectify this problem, Congressman Mark Foley (R -FL) introduced the ADA Notification Act (H. R. 728), which amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. At the State level, Assemblyman Tim Leslie (Tahoe City) has introduced similar legislation. AB 2594 Public accommodations: persons with disabilities would allow a person who hires an ADA specialist to review the design and construction of the person's premises to have a Certificate of ADA Compliance. Holders of such a certificate would be entitled to notice and the opportunity to correct future ADA violations before a civil lawsuit could be filed. Congressman Foley's and Assemblyman Leslie's legislation would curtail the abusive practice of certain attorneys filing lawsuits for easily correctable ADA infractions and would enable small businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. In effect, passage of this legislation would tip the balance back to accessibility and back to the disabled and away from the lawyers. Recently our City Council passed the enclosed resolution and directed Staff to notify other jurisdictions and solicit support in our endeavor to seek an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. Thank you for your assistance. Sincerely, cw Robert Schultz City Attorney 59 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds and declares as follows: A. The Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion; and B. The Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. C. The City of El Segundo supports the goals of this landmark civil rights law and the original intent of the Americans with Disabilities Act because it provides equal access opportunities for all Americans. D. Legislation has been introduced by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to correct alleged violations. E. The City Council of the City of El Segundo supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act since it would curtail litigation by providing a due process provision for property owners so that they may be in full compliance with the Act. SECTION 2: Upon passage, the City Clerk directed to certify a copy of the resolution and forward same promptly, by mail, to the League of California Cities, Central Coast Cities, and to the California Federal Legislative Delegation. SECTION 3: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. Fn SECTION 4: This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED, AND ADOPTED this 18th day of January 2005. Kelly McDowell, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 18th day of January 2005, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney M Karl H. Berger Assistant City Attorney 6 ?