2006 MAY 16 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the
Meeting During the first Public Communications portion of the Agenda, comments are limited to those items
appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made
regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public
Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5)
minutes per person
Before speaking to the City Council, please come to the podium and state Your name and residence and the
organization you represent, if desired Please respect the time limits
Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a
Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00
p m the prior Tuesday) Other members of the public may comment on these items only during this second Public
Communications portion of the Agenda The request must include a brief general description of the business to be
transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings
if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes
in length
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 16, 2006 - 5:00 P.M.
Next Resolution # 4465
Next Ordinance # 1396
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor
conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under
Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) — 5
matters
1 City of El Segundo v 2221 Park Place, LASC Case No BC319034
2 City of El Segundo v CTF2, Alaska, LASC Case No BC319033
3 Tom Jones v City of El Segundo, WCAB No MON 0330985
4 Tom Kennedy v City of El Segundo, WCAB No AHM 0114150
5 Michael Guzman v City of El Segundo, WCAB No MON 0325480
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public
statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - 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
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. NotWiCation 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 16, 2006 - 7:00 P.M.
Next Resolution # 4465
Next Ordinance # 1396
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor John Feldschau of El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
PRESENTATIONS —
a Commendation to Ralph Lanphere, City Treasurer of the City of El Segundo, for his
dedication to municipal service for which he has been awarded the Certified California
Municipal Treasurers certification by the California Municipal Treasurers Association
b Proclamation recognizing Floyd Carr as the 2006 El Segundo Senior Citizen of the Year,
proclaiming the month of May, 2006 as Older Americans Month, and inviting the community to
the Elderfest Celebration on May 20, 2006 from 11 00 a.m to 2 00 p m
C Proclamation in recognition of all our volunteers and proclaiming May as Volunteer
Recognition Month
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The
Council will respond to comments after Public Communications is closed
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
Recommendation — Approval
B. SPECIAL ORDERS OF BUSINESS
C. UNFINISHED BUSINESS
Consideration and possible action regarding a presentation and discussion of
changes proposed by the Council R -1 Subcommittee, to the El Segundo Municipal
Code Title 15 Chapter 4A regarding the development standards for the Single -
Family Residential R -1 Zone. (Fiscal Impact: None)
Recommendation — (1) Receive staff presentation, (2) Receive comments from the
public regarding the proposed changes, (3) Direct staff to proceed with the Zoning Code
amendments and preparation of environmental review documents, (4) Alternatively,
discuss and take other actions related to this item
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
2. Consideration and possible action regarding upgrade and reactivation of the
Imperial Avenue video camera system for monitoring LAX aircraft overflights of El
Recommendation — (1) Accept the recommendation of the Aviation Safety and Noise
Abatement Committee (ASNAC) to upgrade the video surveillance system, instruct staff
to work with the Committee to develop a cost - effective video monitoring solution and
report back to the City Council with their findings, (2) Alternatively, discuss and take
other action related to this item
3. Consideration and possible action regarding a recommendation by the Recreation
and Parks Commission to tentatively approve the configuration of a swim complex
at El Segundo High School, 640 Main Street.
Recommendation (1) Tentatively approve an El Segundo Recreation and Parks
Commission's recommendation for the concept of a two pool complex at El Segundo
High School, (2) Direct staff to work with the El Segundo Unified School District
( "District ") regarding the preparation of the environmental review documents, (3) Appoint
subcommittee to explore and negotiate potential contract between the City and the
District regarding the use and operation of the pool facilities (contract to be brought to
Council in the future for consideration), (4) Alternatively, discuss and take other action
related to this item
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of
an item is made, the item(s) will be considered Individually under the next heading of business
4. Warrant Numbers 2553186 to 2553391 on Register No. 15 in the total amount of
$608,297.37 and Wire Transfers from 4121/2006 through 514/2006 in the total
amount of $578,690.87.
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
S. City Council Meeting Minutes of May 2, 2006.
Recommendation — Approval
6. Consideration and possible action regarding re- appropriation of specific budget
appropriations from Fiscal Year 2004 -2005 to Fiscal Year 2005 -2006 for ongoing
purchase orders, projects, and capital improvements.
Recommendation — (1) Approve funding Fiscal Year 2004 -2005 continuing
appropriations and open purchase orders in the Fiscal Year 2005 -2006 Budget, (2)
Alternatively, discuss and take other action related to this item
7. Consideration and possible action regarding the approval of the examination plan
for the Personnel Merit System job classification of Human Resources Specialist.
Recommendation — (1) Approve the Examination Plan, (2) Alternatively, discuss and
take other action related to this item
8. Consideration and possible action regarding the adoption of Ordinance No. 1395
to amend the El Segundo Municipal Code regarding "Cafts" and "Coffee Shops."
(Fiscal Impact: None)
Recommendation — (1) Second reading by title only, and adoption of Ordinance No
1395 for Environmental Assessment No EA -697 and Zone Text Amendment No ZTA
06 -1, (2) Alternatively, discuss and take other action related to this item
9. Consideration and possible action regarding a reimbursement agreement with
REEFF America LLC for the processing of planning applications for a proposed
extended stay hotel to be constructed at 888 North Sepulveda Boulevard. (Fiscal
Impact: Approximately $45,000 — to be reimbursed by project applicant)
Recommendation — (1) Authorize the City Manager to execute a reimbursement
agreement, as approved to form by the City Attorney, with REEFF America LLC , (2)
Alternatively, discuss and take other action related to this item
10. Consideration and possible action regarding adoption of Ordinance No. 1394
approving the transfer of a Pipeline Franchise Agreement, Ordinance No. 1255,
from Equilon California Pipeline Company LLC to Shell California Pipeline
Company LLC and extending the franchise until 2016. (Fiscal Impact: $3,500 —
estimated annual franchise fee)
Recommendation — (1) Second reading and adoption of Ordinance No 1394 by title
only, (2) Alternatively, discuss and take other action related to this item
0
11. Consideration and possible action regarding the adoption of a Resolution
declaring the City's intent to conduct a public hearing on June 20, 2006 regarding
the issuance of a pipeline franchise agreement to Chevron Pipeline Company for a
period of ten (10) years. (Fiscal Impact: $3,000 estimated annual franchise fee)
Recommendation — (1) Adopt a Resolution declaring the City's intent to conduct a public
hearing on June 20, 2006 regarding the issuance of a pipeline franchise agreement
(Ordinance) to Chevron Pipeline Company for a ten -year period, (2) Alternatively,
discuss and take other action related to this item
12. Consideration and possible action regarding approval of a Resolution of the City
Council authorizing the City Manager, or designee to authorize the County of Los
Angeles to act on its behalf and apply for, receive, and appropriate grant funds
from the California Integrated Waste Management Board for the 12`h Cycle Used
Oil Block Grant. (Fiscal Impact: None)
Recommendation — (1) Adoption of Resolution, (2) Authorize the Mayor to sign the
Resolution, (3) Alternatively, discuss and take other action related to this item
13. Consideration and possible action regarding approval of a Resolution authorizing
submittal of Fiscal Year 2006 -2007 application to the California Department of
Conservation for a grant authorized under the California Beverage Container
Recycling and Litter Reduction Act. (Fiscal Impact: $5,000 in grant fund revenue)
Recommendation (1) Adoption of Resolution; (2) Authorize the Mayor to sign the
Resolution, (3) Alternatively, discuss and take other action related to this item
14. Consideration and possible action regarding approval of issuance of blanket
purchase order for Fiscal Year 2005 -2006 in excess of $10,000 for Jazzy Gym, to
provide onsite youth gymnastics services. (Fiscal Impact: $18,000)
Recommendation — (1) Authorize the City Manager to approve issuance of a blanket
purchase order for $18,000 to Jazzy Gym for on -site youth gymnastics instruction, (2)
Alternatively, discuss and take other action related to this item
h
15. Consideration and possible action regarding the acceptance of $93,750 in grant
funding from the U.S. Department of Homeland Security, Federal Emergency
Management Agency (FEMA) and the Hazard Mitigation Grant Program, Project
#1585- 11 -04, OES ID #037 - 22412. Approved cost projections under the grant
include reimbursement for personnel time, consulting /contractor, advertising
(public notice) and legal review. (Fiscal Impact: $93,750)
Recommendation — (1) Authorize the acceptance of $93,750 in grant funds from the
FEMA Hazard Mitigation Grant program, (2) Authorize the City Manager or designee to
sign and execute all grant related documents, agreements, etc, (3) Alternatively, discuss
and take other action related to this item
16. Consideration and possible action regarding acceptance of $24,323 in additional
grant funding from the U.S. Department of Homeland Security, Office of Domestic
Preparedness (ODP), under the Urban Area Security Initiative (UASI) for the
Federal Fiscal Year 2005 (FY 2005) in order to receive reimbursement for ODP-
Recommendation — (1) Accept an additional $24,323 grant allocation from the UASI FY
2005 Grant Program, (2) Alternatively, discuss and take other action related to this item
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
17. Consideration and possible action regarding approval of an amendment to an
Agreement with Nationwide Environmental Services, a division of Joe's Sweeping,
Inc. to extend the Agreement for a three -year period for continued street sweeping
services by exercising an option in the Agreement to extend the term. (Fiscal
Impact: $393,849 for street sweeping services over three years and as adjusted by
fuel pricing adjustments provided for in the amendment)
Recommendation (1) Authorize the City Manager to execute an amendment in a form
approved by the City Attorney to the existing Agreement (Agreement 3168) with
Nationwide Environmental Services, a division of Joe's Sweeping, Inc to extend the
Agreement for a three -year period for continued street sweeping services, (2)
Alternatively, discuss and take other action related to this item
0
18. Consideration and possible action regarding the issuance of a Request for
Proposals for the development of an "alternate side" street sweeping schedule on
all streets citywide where street sweeping parking restrictions are posted. (Fiscal
Impact: $20,000 estimate of fee to develop alternative side street sweeping
schedule)
Recommendation (1) Authorize staff to issue a request for proposals for the
development of an "alternate side" street sweeping schedule on all streets citywide
where street sweeping parking restrictions are posted, (2) Alternatively, discuss and take
other action related to this item
G. REPORTS — CITY MANAGER — NONE
H. REPORTS — CITY ATTORNEY — NONE
1. REPORTS — CITY CLERK
19. Consideration and possible action regarding cancellation of the July 5, 2006 City
Council Meeting.
Recommendation — (1) Approve cancellation of the July 5, 2006 City Council Meeting,
(2) Alternatively, discuss and take other action related to this item
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher -
Council Member Jacobson -
20. Consideration and possible action regarding the City's position on AB 2987
(Nunez), the Digital Infrastructure and Video Competition Act of 2006; and HR 5252
(Barton), the Communications, Opportunity, Promotion, and Enhancement Act of
2006 (COPE Act).
Recommendation — (1) Authorize the Mayor to sign letters of opposition to state and
federal telecommunications legislation, respectively known as AB 2987 and HR 5252, (2)
Alternatively, discuss and take other action related to this item
Council Member Boulgarides -
Mayor Pro Tern Busch -
21. Consideration and possible action regarding a presentation and a discussion
regarding assisted living facilities and nursing homes. (Fiscal Impact: None)
Recommendation (1) Receive and file staff presentation, (2) If desired, direct staff to
begin the process of amending the El Segundo Municipal Code to allow assisted living
facilities and nursing homes in additional specified zones, (3) Alternatively, discuss and
take other actions related to this item
Mayor McDowell —
22. Consideration and possible action
ad hoc committee to plan the Cit
2007. The committee will plan a s
ninety (90) years of incorporation,
be included in the City's major eve
determined durina the FY 2006107 1
regarding the approval and appointment of an
F's ninetieth (90th) anniversary celebrations in
Dt of events to honor the City of El Segundo's
plus arrange for the 90th anniversary theme to
its throughout the year. (Fiscal Impact: To be
Recommendation (1) Approve and appoint a Committee to plan and develop events in
2007 in order to celebrate the City's g0" Anniversary, (2) Alternatively, discuss and take
other action related to this item
23. Consideration and possible action regarding the assignment of Council Members
to various intergovernmental agencies, other local agencies and subcommittees.
Recommendation (1) Approve and implement assignments, (2) Alternatively, discuss
and take other action related to this item
PUBLIC COMMUNICATIONS — (Related to City Business Only — 6 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 a//
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
WE
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 se q) for the purposes of conferring with the City's Real Property Negotiator, andlor
conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under
Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators
REPORT OF ACTION TAKEN IN CLOSED SESSION (If required)
ADJOURNMENT
POSTED
DATE A o2tb�o
TIME��
NAME
11
D11YIttCttbati0n
Or of el begunbo, California
WHEREAS, The California Municipal Treasurers Association ( "CMTA "), a professional association
with over 1,000 members throughout the state, was founded in 1958 by a handful of
Municipal Treasurers whose primary interest was to improve their function in local
Government The Association is dedicated to offering its members the opportunity of
learning new and efficient methods to more effectively fulfill their responsibilities and be
made aware of the constantly shifting patterns of governmental organization and public
administration
WHEREAS, CMTA offers a formal Certified California Municipal Treasurers certification ( "CCMT "),
signifying principals of good government and leadership through high personal standards
of conduct and is awarded in recognition of certain educational pursuits and the
promotion and active participation in the California Municipal Treasurers Association,
WHEREAS, EI Segundo City Treasurer, Ralph E Lanphere, having met the standards for
certification, was awarded his Certified California Municipal Treasurer designation in
April 2006 Ralph holds an Associate Arts Degree, six years of treasury experience,
achieved specific professional leadership participation representing Los Angeles and
Ventura counties as Division II Treasurer (2005- 2006), and has attended seminars and
conferences related to investments, cash management, and substantial information
regarding urgent public policy issues confronting local government officials.
NOW, THEREFORE, on this 16th day of May, 2006, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby commend Ralph E Lanphere, City Treasurer of the City of El
Segundo, for his dedication to municipal service for which he has been awarded the Certified California
Municipal Treasurers certification by the California Municipal Treasurers Association
X'x
012
rDdamattonUp of AEI btgunbo, California
WHEREAS, May is traditionally Older Americans Month, a time to celebrate and pay tribute to the
Senior Citizen Volunteers of El Segundo
WHEREAS, Older Americans possess and share a wealth of experience, background and history,
making them one of the City's most enduring resources and an important part of the ties
that hind both family and community
WHEREAS, Today's efforts in designing a coordinated community -based system of care and services
will contribute to the well -being of all Americans in the 21st century
WHEREAS, Floyd Can was elected by his peers as the 2006 El Segundo Senior Citizen of the Year, a
recognition which offers our residents an opportunity to reflect upon the multiple talents
and accomplishments of our City's older citizens
NOW, THEREFORE, on this 16th day of May, 2006, the Mayor and Members of the City Council of
the City of El Segundo, California, do hereby proclaim the month of May, 2006
OLDER AMERICANS MONTH
and
FLOYD CARR
the
2006 El Segundo Senior Citizen of the Year
and hereby invite the community to participate in the Elderfest Celebration on May 20, 2006, from
1100 a.m to 2 00 p.m, honoring FLOYD CARR and other senior citizens who have given generously
Of their time and talent to improve the quality of life for all
f�
013
r o c a i a `N L l V n Citp of Cl Oegunbo, California
WHEREAS, A basic ingredient in the foundation of this nation is the voluntary acceptance of initiative
and responsibility by private citizens, and voluntary organizations, and this fact is largely
responsible for the progress and development of our great country; and
WHEREAS, Today, over 90 million outstanding citizens, from every age group, from youth to senior
citizens, and from every walla of life, give selflessly of themselves to others through
volunteer work, thus exemplifying the spirit of caring and compassion for others which is a
vital part of our national character, and
WHEREAS, We are facing an era of changing priorities on the national, state and local levels in which
resources are becoming more scarce in the face of growing and changing needs, and
WHEREAS, The volunteers for the El Segundo Home Delivered Meals, known as "meals on wheels,"
are the backbone of the El Segundo Outreach Program, providing door to door service
and delivery of some 8,400 hot meals per year to 40 local senior or disabled residents,
thereby allowing these homebound residents to maintain their independence, and
WHEREAS, It is fitting that we take pride in our volunteer heritage and give special recognition to the
volunteers and volunteer programs in our community
NOW, THEREFORE, the Mayor and the Members of the City Council of the City of Fl Segundo,
California, do hereby proclaim the month of May as VOLUNTEER RECOGNTIYONMONTH in
the City of El Segundo in honor of those who, imbued with the spirit of goodwill, offer freely their
services to the community
C)1
EL SEGUNDO CITY COUNCIL MEETING DATE. May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION
Consideration and possible action regarding a presentation and discussion of changes
proposed by the Council R -1 Subcommittee, to the El Segundo Municipal Code Title 15
Chapter 4A regarding the development standards for the Single -Family Residential R -1 Zone
(Fiscal Impact None)
RECOMMENDED COUNCIL ACTION
1 Receive and file staff presentation,
2 Receive comments from public regarding the proposed changes;
3 Direct staff to proceed with the Zoning Code amendments and preparation of
environmental review documents, and /or
4 Alternatively, discuss and take other actions related to this item
BACKGROUND & DISCUSSION'
At the March 21, 2006 City Council meeting, the City Council reviewed the proposal by the
Council R -1 Subcommittee regarding the draft amendments to the development standards for
the Single - Family Residential R -1 Zone. One of the items proposed by the subcommittee is a
new floor area ratio (FAR) limit of 0 50 to be implemented as part of the changes to
development standards As this proposal was a concern, City Council directed staff to conduct
further research and return to City Council with several alternatives of floor area ratio (FAR)
ATT
Exhibit 1 Draft of Proposed Changes to the R -1 Zone Development Standards
Exhibit 2 Survey of permitted single family homes with proposed FAR and Lot
Coverage
FISCAL IMPACT None
Operating Budget
N/A
Amount Requested
N/A
Account Number
N/A
Project Phase-
N/A
Appropriation Required
_ Yes X No
ORIGINATED BY DATE*
/o,a�6
Seimone Jurlis, ector of Planning and Building Safety
1
015
BACKGROUND & DISCUSSION: (cont.)
HISTORY
The Council R -1 Subcommittee has spent a great deal of time meeting with members of the
public to gain input on areas of the development standards that need to be addressed and
specific proposals made by the subcommittee The Council R -1 Subcommittee has also
presented the proposed changes to City Council on November 29, 2005 and March 21, 2006
to gain additional input In addition several formed meetings and presentation were made to the
public and held with contractors, architects, engineers and brokers
ANALYSIS
Staff analyzed properties in the Single Family Residential R -1 Zone by using the Los Angeles
County Assessors information for both property and building size Staff first determined the
number of R -1 zoned parcels relative to their size Property sizes were divided into six groups
ranging from under 5,000 square feet to over 10,000 square feet This information is reflected
in Chart 1 and Chart 2
CHART -7
016
BACKGROUND & DISCUSSION: (cont.)
CHART -2
Next, Staff determined the average property size, budding size, and floor area ratio (FAR) for all
properties, properties less than 8,000 square feet, and properties that are 8,000 square feet or
greater in the Single Family Residential R -1 Zone The findings are as follows
ALL PROPERTIES
CATEGORY AVERAGES
NOTES
PROPERTY SIZE (sq ft) 6,643 (99% of properties analyzed)
BUILDING SIZE (sq ft) 1,750 (83% of properties analyzed)
FAR 028 (83% of properties analyzed)
PROPERTIES LESS THAN 8.000 sq.ft.
CATEGORY AVERAGES NOTES
PROPERTY SIZE (sq ft)-
6,062
(99% of
properties analyzed)
BUILDING SIZE (sq ft)
1,698
(84% of
properties analyzed)
FAR
0.29
(84% of
properties analyzed)
Ui 7
BACKGROUND & DISCUSSION: (cont.)
PROPERTIES 8,000 sq.ft. AND GREATER
CATEGORY AVERAGES NOTES
PROPERTY SIZE (sq ft) 9,986 (99% of properties analyzed)
BUILDING SIZE (sq ft) 2,055 (84% of properties analyzed)
FAR 021 (84% of properties analyzed)
Using the determined average property size for all properties (6,643 square feet), staff
computed the building size for different possible floor area ratios (FAR)
(Average Property Size) x (FAR) = Budding Size (sq ft )
FLOOR AREA RATIOS
BUILDING SIZE'
030
1,993
035
2,325
040
2,657
045
2,989
050
3,321
0.55
3,654
0.60
3,986
0.65
4,318
070
4,650
Building Size does not include garages
FLOOR AREA RATIO
Based on the analysis, the Council R -1 Subcommittee proposes that a floorarea ratio (FAR) be
implemented as part of the proposed changes to the development standards in the Single
Family Residential R -1 Zone The subcommittee proposes that a FAR of 0 50 for the first 8,000
square feet of property size and 0 40 FAR for any increment over 8,000 square feet be
imposed Staff determined the average budding size using the proposed FAR and compared
them to the average size of existing buildings The findings are as follows.
PROPERTY SIZE
Less than 8,000 sq ft
8,000 sq ft and Greater
All Property Sizes
/ERAGE BUILDING SI;
with PROPOSED FAR
3,038 sq ft
4,794 sq ft
EXISTING - AVERAGE
BUILDING SIZES
1,698 sq ft
2,055 sq ft
750 sq ft
The table indicates with a FAR as proposed by the Council R -1 Subcommittee, the average
budding size is greater than the average budding size that currently exist
BACKGROUND & DISCUSSION: (cont.)
LOT COVERAGE
In addition, the Council R -1 Subcommittee proposes to change the lot coverage that is currently
required in the code The existing zoning code regulation limits the lot coverage for structures
more than 18 feet in height to a maximum of 40% and for structures less than 18 feet in height,
a maximum lot coverage of 47% The subcommittee recommends changes to the lot coverage
as follows
1 Structures over 18 feet in height- 35%
2 Structures that are a combination of one and two 43%
stories as long as 60% of the total area of the
structure(s) do not exceed 18 feet in height
3 Structures that do not exceed 18 height in heeght 56%
Exceptions to both the lot coverage and floor area ratio limitations are covered patios and
basements as long as 80% of the exterior perimeter walls are fully below natural grade In
addition, properties that are in the Single Family Residential R -1 Zone that qualify for a second
unit would not be subject to the new lot coverage and floor area limitation There are 40
properties that qualify for a second unit
MODULATION
In order to address wall massing issues through the use of articulation of building walls the
Council R -1 Subcommittee proposes a modulation requirement forthe top portion of a two -story
structure In general, this would require 15% of the covered footprint area of the ground floor
to be applied towards modulating the second floor exterior perimeter walls (Exhibit 1 )
RECOMMENDATION
The Council R -1 Subcommittee believes that the proposed new FAR limitation, Lot Coverage,
and Modulation requirements will address the massing issues in the community while
continuing to allow properties to be fully developed
Planning and Building Safety staff recommends that the City Council receive comments from
the public regarding the proposed changes to the development standards of the Single Family
Residential R -1 Zone and direct staff to proceed with drafting the Zoning Code amendments
and to prepare environmental review documents subject to the requirements of the California
Environmental Quality Act Once the documents are complete and circulated to the public, staff
will present the proposed changes at public hearings before the Planning Commission and
before the City Council.
Uli
P \Planning & Building Safety\PR0JECTS \R1Standards \R1 Standards CC Staff Report May -16 -2006 Seimone doe
EXHIBIT 1.
Proposed R -1 Zone Development Standards
Draft (5/16/06)
Note: Changes to development standards and new development standards are
shown in bold font If a development standard is not being changed it is not in
bold font
A. DWELLINGS
1. Height
2 stories, 26 feet in height to midpoint of roof (no change)
2. Setbacks
a. Front Setbacks
Minimum 22 feet, Front facing garages must be setback a
minimum of 2 additional feet from the first floor building wall
unless the building has a porch, veranda, courtyard or deck at
least 8 feet in width by 4 feet in depth.
Combined Front and Rear Setback Minimum 30 feet (no change)
Permitted Front Setback Encroachments:
The following encroachments are permitted on the first floor in
the front setbacks only:
1) Porches or verandas not fully enclosed on three sides (railings
and /or columns permitted) may encroach into the front setback a
maximum of six feet in depth.
2) The first floor front facing exterior wall of a dwelling may
encroach up to 2 feet for a width not exceeding 30 feet when a
first floor porch or veranda, not fully enclosed on three sides, is
also projecting into the front setback. The total amount of
encroachment may not exceed six feet in depth combined for
both the dwelling and porch or veranda, for a maximum 50% of
the building width not to exceed 30 feet in width;
3) Courtyards (with walls not exceeding 42 inches in height within
the setback) may encroach into the front setback a maximum of
six feet and 50% of the building width not to exceed 20 feet;
4) Raised decks not greater than 24 inches above grade
constructed in conjunction with an lattice deck cover not greater
than 10 feet above grade may encroach into the front setback a
maximum of six feet in depth and 50% of the building width not to
exceed 20 feet;
5) Lattice patio covers not greater than 10 feet above grade may
encroach into the front setback a maximum of six feet in depth
and 50% of the building width not to exceed 20 feet;
6) Architectural elements such as towers or turrets not greater
than 8 feet in diameter may encroach into the front setback a
maximum of 4 feet into the front setback;
7) Pergolas not greater than 10 feet in height that are attached to
the dwelling may encroach into the front setback a maximum of
six feet in depth and 50% of the width not to exceed 20 feet in
width;
8) An arbor or trellis, not exceeding 8 feet in height and 8 feet in
width may encroach into the front setback.
b. Side Setbacks
Existing =10% of lot width, 3 -foot minimum, 5 -foot maximum
Proposed:
First Floor: 10% of lot width, minimum 3 feet, maximum 6 feet.
Second Floors Greater than 500 Sq.FT.: 10% of lot width
(minimum three (3) feet, maximum six (6) feet) plus the following:
1) 15% of the covered foot print area (including garages and
carports) of the ground floor, but not less than 200 sq. ft., must be
applied toward modulating the exterior perimeter walls on the
second floor.
2) Modulation of the second floor exterior perimeter wails must
occur on the side of the structure that faces the side yards.
3) The area to be modulated must be divided equally between
both side yards.
4) Modulation must be four (4) feet minimum to six (6) feet
maximum.
2 U4I
10
5) No additional modulation is required if the face of the second
floor facing a side yard is set back from an amount that is equal
to the 10% of the lot width plus an additional four (4) feet.
6) If a only a portion of the second floor facing a side yard is set
back an amount that is equal to 10% of the lot width plus an
additional four (4) feet to six (6) feet, that portion may count
towards the area calculation required for item 1) above.
c. Rear Setbacks
Dwelling
First Floor Minimum 5 feet. (no change)
Second Floor- Minimum 5 feet (no change)
Note. Accessory structures still must not be used for rental purposes.
1. Height
Eliminate restriction that can only be one floor. 1 story, 14 feet or 2
stories, 21 feet with greater setbacks (see setback section);
2. Setbacks
a. Front Setbacks
Minimum 22 feet (same as dwellings -no change).
Combined Front and Rear Setback Minimum 30 feet (same as
dwellings -no change)
b. Side Setbacks
Existing =10% of lot width, 3 -foot minimum, 5 -foot maximum
Proposed:
First Floor -10% of lot width, 3 -foot minimum, 6 -foot maximum
Second Floor -10% of lot width + two foot, 3 -foot minimum, 6 -foot
maximum
3
C'22
Rear 113 of property
Garages and accessory structures located on the rear 113 of the
property must be set back from the property line a minimum of
two feet.
c. Rear Setbacks
Existing 0 feet
Proposed:
First Floor: Minimum 3 feet.
Second Floor: Minimum 5 feet.
d. Rooftop Decks
Rooftop decks with required guard railings are permitted on
single -story accessory structures and on single -story portions of
2 -story accessory structures — rooftop deck guard rails must
maintain a setback of 10% of lot width + two foot; roof top decks
are not permitted on 2-story accessory structures.
3. Placement of Buildings and Structures
No change to existing standards are proposed except that these
standards only apply to single -story accessory structures These
standards do not apply for second floor accessory structures which have
to comply with the new accessory building second floor setbacks
4. Accessory Structures - Bathrooms
A 112 bath (sink and toilet) is permitted but a full bathroom is not (same as
existing regulations in ESMC Section 154A- 6J.3.). Note that '/2 baths
would be permitted for both single -story and 2 -story detached
accessory structures (see existing ESMC Section 15- 4A- 6J.3.). Also
note that a % bath would be permitted in an accessory structure and
a separate 1/3 bath would be permitted as part of a garage, whether
the garage is attached or detached to the accessory structure.
023
rd
C. LOT COVERAGE (For All Structures — Includes Garages)
1. 35 % for building(s) over 18 feet in height;
2. 43 % for building(s) that are a mixture of one and two stories as
long as 60% of the total area of the building(s) does not exceed 18
feet in height;
3. 56% if building(s) do not exceed 18 feet in height;
EXCEPTION: The following areas will not be counted towards
the FAR: 1) covered porches; 2) eave
encroachments; 3) Properties that qualify for a
second unit may have a lot coverage of 40% for
structures over 18 feet in height and 47% for
structures less than 18 feet in height.
D. FLOOR AREA RATIO (Floor Area Does Not Include Garage)
0.5 FAR for lots equal to or less than 8,000 square feet; .4 FAR for any
increment above 8,000 square feet.
EXCEPTION: The following areas will not be counted towards
the FAR: 1) Basements as long as 80% of the
exterior perimeter walls are fully below natural
grade; 2) Garages ; 3) Properties that qualify for a
second unit.
E. PARKING
1. Number of Spaces
2 spaces in a fully enclosed garage or 3 spaces in a fully enclosed garage
if the dwelling exceeds 3,000 square feet in area (no change)
2. Parking Space Dimensions
10 feet wide by 20 feet deep (outside dimensions) per parking space (no
change)
3. Garage Orientation
Three -car garages that face the front property line where one of the
stalls is not tandem, either each garage stall must have a single -car
garage door or that portion of the building that contains one of the
three stalls must be set back 5 additional feet from the front of the
portion of the building that contains the other two stalls.
5 024
4. Garage Design Guidelines - Encouraged
a. Three -car garages may be constructed as attached or detached
structures at the rear of a lot and are encouraged.
b. Tandem parking for the third fully enclosed parking space is
encouraged.
c. Three -car garages facing the side property lines are
encouraged.
5. Vehicle -Lift
On lots less than 45' in width, one vehicle -lift may be used to meet
the requirements for a three -car garage by substituting the second
garage space for a lift that will stack two vehicles vertically.
Resulting in three parked vehicles. Minimum ceiling height is 141.
F. DRIVEWAYS AND CURB CUTS
1. Driveway and curb cut cannot exceed 20 feet in width for lots less
than 50 feet wide (New Standard).
2. Width of driveway and curb cut cannot exceed 50% of the lot width
for lots 50 feet or greater in width (New Standard).
G. LANDSCAPING
I. A minimum of 25% of the front setback area must be landscaped for
all lots less than 50 feet in width in the R -1 Zone. (New Standard)
2. A minimum 35% of the front setback area must be landscaped for all
lots that are 50 feet or greater in width in the R -1 Zone. (New
Standard).
H. ENCROACHMENTS
In addition to existing permitted encroachments:
1. Add porches, verandas, decks, courtyards, towers, turrets in the
front yard setback as specified in front setback encroachments
listed above.
2. Add arbors, trellises, pergolas and lattice patio /deck covers in the
first floor front yard setback as specified in front setback
encroachments listed above.
oz5-
3. Add bay windows on the second floor facing the front property
line only.
4. Add fireplaces on the interior side yard setback but the
encroachment may not reduce the setback to less than a
minimum of 3 feet.
5. Add shutters, corbels, dentils up to 6 inches in depth to the
existing list of architectural elements in ESMC Section 15- 2 -7A1.
6. Add columns up to 1 foot in depth to the existing list of
architectural elements in ESMC Section 15- 2 -7A1.
I. ACCESSORY OUTDOOR SHOWERS
Accessory outdoor showers attached to a building wall are permitted.
They may not encroach in a setback and may not be roofed. They may
be enclosed on 3 sides.
J. DEFINITIONS
Add the following definitions:
1. Arbor: A shelter of shrubs and branches or of latticework
intertwined with plant material usually comprised of climbing
vines and flowers.
2. Courtyard: A court that is open to the sky and is adjacent to or
within a building mostly or entirely surrounded by walls and /or
buildings on all 4 sides.
3. Deck: An open, unroofed porch or platform extending from a
house or other building.
4. Lattice: A structure of interwoven, crossed strips arranged to
form a regular pattern of open spaces that is usually made of
wood or metal.
5. Landscape: Any lawn, tree, bush and ground cover in areas
designed to be permanently maintained and permeable.
6. Pergola: A structure of parallel colonnades supporting an open
roof of beams and crossing rafters or trelliswork, over which
climbing plants are trained to grow.
7 026
7. Porch: A covered platform that is an exterior appendage to a
building, usually having a separate roof from the building, that
may have railings and /or supporting columns, which forms a
covered entrance or vestibule to a doorway.
8. Porte - cochere: A porte - cochere is a porch roof projecting over a
driveway at or adjacent to the entrance to a building that shelters
those getting in and out of vehicles.
9. Single -Story: Structure no higher than 18 feet to upper most
point.
10.Stoop: A raised platform that is approached by steps at the
entrance to a building. A stoop may have a roof projecting out
from the building wall over the building entrance that does not
have any columns supporting it.
11.Tower: A building or structure, usually round or square in plan
and characteristically taller than its diameter, forming a part of a
larger building and is often located at a corner of the building.
12.Turret: A small, slender ornamental tower that begins above
ground level that usually projects from a corner of the building to
which it is attached.
13.Trellis: A system of horizontal latticework supported on posts,
designed to support growing vines and plants.
14.Veranda: A large, open porch, usually roofed and partly
enclosed, as by a railing, often extending across the front and
sides of a house.
P \Planning & Building Safety\PROJECTSIRI Standards\R -1 ProposedStandards -05 -16 -2006 doc
8 027
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029
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE- May 16, 2006
AGENDA HEADING: Reports of Committees,
AGENDA DESCRIPTION: Consideration and possible action regarding upgrade and reactivation
of the Imperial Avenue video camera system for monitoring LAX aircraft overflights of El
Segundo
RECOMMENDED COUNCIL ACTION• (1) Accept the recommendation of the Aviation Safety and
Noise Abatement Committee (ASNAC) to upgrade the video surveillance system, instruct staff
to work with the Committee to develop a cost - effective video monitoring solution and report
back to the City Council with their findings, (2) Alternately, discuss and take other action
related to this item
BACKGROUND & DISCUSSION:
At the April 25'h meeting of the Aviation Safety and Noise Abatement Committee (ASNAC),
Committee members discussed the operational status of the video camera system for
monitoring aircraft overflights from LAX It was concluded that the current system is
functionally obsolete, overly labor Intensive to use and Inadequate for timely and effectively
monitoring aircraft overflights The Committee took action to seek City Council support for
upgrading the video monitoring system
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget:
Amount Requested.
Account Number.
Project Phase.
Appropriation Required: _Yes _No
Ca—rf Ja&bsQfi, Councilmember, ASNAC Liaison
Jeff
DATE: O /n('
DATE: j/1Io6
O'U
J
2
EL SEGUNDO CITY COUNCIL MEETING DATE. May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees,
Boards and Commissions
AGENDA DESCRIPTION
Consideration and possible action regarding a recommendation by the Recreation and Parks
Commission to tentatively approve the configuration of a swim complex at El Segundo High
School, 640 Main Street.
RECOMMENDED COUNCIL ACTION.
1) Tentatively approve a El Segundo Recreation and Parks Commission recommendation
for the concept of a two pool complex at El Segundo High School; (2) Direct staff to work
with the El Segundo Unified School District ( "District ") regarding the preparation of the
environmental review documents, (3) appoint subcommittee to explore and negotiate
potential contract between the City and the District regarding the use and operation of the
pool facilities (contract to be brought to Council in the future for consideration), and (4)
Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION
In November 2005 the Aquatic Sub - Committee held their first meeting to discuss the
development of an aquatic complex in the City of El Segundo This sub - committee was formed
after the Aquatic Master Plan had been adopted by City Council in August 2005 The Master
Plan showed that an additional pool was needed in the Community The Sub - Committee was
asked to find a location, decide on what type of facility would best meet the community's need,
and look into possible funding sources
In December 2005, the Aquatic Sub - Committee was approached by the El Segundo School
District about putting together a Bond Initiative to renovate the existing football field and
auditorium at the High School and to build a new community swim complex at the High School
The School District proposed a partnership with the City, whereby the School District would
build the facility and the City agree to maintain and operate the complex
(Please see attached page marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS.
1) Estimated Operating Cost Analysis
ORIGINATED BY DATE:
Bill Crowe, Assistant City Manager
REVIEWE DATE•
i
Je , City Manager
3
031
Background and Discussion:
The School District met with the Aquatic Sub - Committee on April 13, 2006, and proposed a
62 meter by 25 yard pool, with an estimated annual maintenance cost of $350,000 After
serious discussion the Aquatic Sub - Committee forwarded the recommendation to the
Recreation and Parks Commission to support a 62 meter by 25 yard pool at the High School
At the Recreation and Parks Commission meeting on April 19, 2006, there was a great deal of
discussion and questions about the pool complex and the cost to operate the facility The
Commission asked for a Special Meeting with the Aquatic Sub - Committee and the Consultants
who developed the City's Master Plan to review all the possible options and the cost for those
options
This Special Meeting of the Sub - Committee and the Commission was held on April 26, 2006
At the meeting the Sub - Committee and the Commission was provided with a great deal of
information by Master Plan Consultant Randy Mendioroz Mr. Mendioroz provided several
options and costs associated with each option The Commission felt that additional time was
needed to review and analyze this information and decided against making a recommendation
to the City Council at that time
The City Manager requested that the Master Plan Consultants meet with the Aquatic Sub -
Committee to review all the information that had come forward in this process, and to review
the adopted Aquatic Master Plan to see if there was a recommendation that would work for the
Aquatic Sub - Committee, the Recreation and Parks Commission, and most importantly the El
Segundo Community
The Sub - Committee met with the Consultants on May 3, 2006 to review all possible options
and costs They also looked at information that they had obtained from the Master Plan The
Master Plan showed that 29% of residents, when asked about new aquatic facilities, wanted a
facility for exercise, and recreation Only 3% of the residents wanted a pool for competitive
swim, and 3% wanted a pool for competitive water polo
The Sub - Committee then looked at the school site and compared a 52 meter by 25 yard pool,
to a two pool complex that could fit in the same site The two pools would be a 35 meter by 25
yard pool and a 6 lane pool that would be 25 yards by 48 feet
Comparison of two options:
El Segundo Aquatic Analysis
Option 1 Option 2
6 Lane Pool + 35m pool 52m Pool
Lanes 6lanes + 12 lanes 20 lanes
= 18 lanes +2
Recreation 1873 sq ft + 750 sq ft 1358 sq ft
Area = 2623 sq ft. - 1265
032
Background and Discussion (con't):
Construction $479,550 + $1,197,000 $1,915,250
Cost = $1,676,500 +238,750
Operating $ 62,130 + $ 176,328 $ 261,956
Cost = $238,458 + 23,498
A review of these two options indicates that the two pool complex is less expensive to build
and operate What you lose by not having the 52 meter pool is two swimming lanes, and the
ability to have a long course for competitive meets
The two pool concept allows for greater recreational access at all times, because the two pools
could always be operating at the same time The two pools allow for water polo and short
course competitive swim meets to go on at the same time
The City would also incur staffing costs The staffing increase would be for approximately four
more lifeguards Two guards would be required at each pool The estimated cost for those
additional staff would be about $330,000
With the two pool concept, if the High School is using one pool and the public is using the
other pool, the High School may be able to provide guards at the pool they are using, and City
would provide guards at the pool they are operating, reducing that $330,000 down at least a
$110,000 or more It is also not likely that with 3 pools operating the hours of operation would
be the 16 to 18 hours we are currently operating with just one pool That would mean probably
an additional savings of $30,000 to $40,000 in annual lifeguard cost Attached is a worst case
scenario, if the City had to provide lifeguards to all three year round pools, with the current
hours of operation.
Based on all this information and the adopted El Segundo Aquatic Master Plan the El Segundo
Recreation and Parks Commission voted to recommend the two pool concept with a 32 meter
pool and a 25 yard 6 lane pool on to the El Segundo City Council
Staff is requesting a tentative approval of the concept If the concept is approved it must then
undergo an environmental review under the California Environmental Quality Act ( "CEQA ") It
is contemplated that the District would be the "lead agency' for purposes of the CEQA review
and the City would provide input as a "responsible agency" under CEQA In addition, staff
recommends that the City Council appoint a sub - committee to be comprised of two members
of the Council to negotiate a potential operations and maintenance agreement with the School
District It is anticipated that the City Manager and City Attorney would provide significant input
to the proposed sub - committee There area number of budgetary and legal issues that would
need to be addressed through the process
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El Segundo Aquatic Center
Swimming Pool Size Matrix
Notes
(1) Bulkhead required for 25 meter short course in 35, 52 and 62 meter pool lengths
(2) 2 meter wide bulkhead assumed for 52 and 62 meter pool lengths
(3) Requires 9'0" uniform depth over entire course
(4) Uniform 3'6" water depth
Legend
Y Meets minimum standards set by governing bodies andlor provided
N Does not meet minimum standards sec by governing bodies and /or not provided
Aquatic Design Group, Inc I May 2006 Page I of 1
OJ/
L
�
Y
E
E
No.
Program Description
in
N
x
N
X
N
%
X
a
Is
01
b
t
T
R
Y
N
Y1
N
1 0
Swimming-
1I
Short Course 25 Yard
Short Course 25 Meter (1)
Long Course 50 Meter (2) V
Y
N
Y
Y
N
Y
Y�
Y
Y
Y
12
1 3
N
Y
2 0
Water Polo
2 1
Fixed Cage 25 Yard
N
Y
Y
Y
22
Floating Cage 25 Yard
N
Y
Y
Y
23
Floating Cage 25 Meter
Floating Cage 30 Meter
^N
N
Y
N
Y
Y
Y
Y
24
3 0
Diving
3 1
1 Meter Springboard
N
Y
Y
Y
3 2
3 Meter Springboard
N
Y
Y
Y
40
Synchronized Swimming
41
USA Synchro Minimum (3)
N
Y
Y
Y
42
USA Synchro'9deal" (3)
�N
Y _
Y
Y
5 0
Miscellaneous,
5 1
No of 50 Meter Long Course Lanes
0
0
8
8
52
No of 25 Meter Short Course Lanes
0
8
8
8
53
No of 25 Yard Short Course Lanes
6
14
22
26
54
_ No of 25 yard Fixed Cage Courses
0
2
3
3
55
No of 25 Yard Floating Cage Courses
0
1
1
1
56
No of 25 Meter Floating Cage Courses
0
1
1
1
57
No of 30 Meter Floating Cage Courses
0
0
1
1
58
No 1 Meter Springboards
0
2
2
2
59
No 3 Meter Springboards
0
2
2
2
I,5 10
SF of Recreation Area Provided (4)
1,873
750 J
1,358
1,612
IS I I
Separate Warm -up / Warm -down
Y
Y
N
N
i5 12
Differential Pool Water Temperatures
Y
Y
N
N
Notes
(1) Bulkhead required for 25 meter short course in 35, 52 and 62 meter pool lengths
(2) 2 meter wide bulkhead assumed for 52 and 62 meter pool lengths
(3) Requires 9'0" uniform depth over entire course
(4) Uniform 3'6" water depth
Legend
Y Meets minimum standards set by governing bodies andlor provided
N Does not meet minimum standards sec by governing bodies and /or not provided
Aquatic Design Group, Inc I May 2006 Page I of 1
OJ/
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
412112006 THROUGH 5/4/2006
Date
Payee
Amount
Description
4/24/2006
Federal Reserve
42500
Employee I Bonds
4/26/2006
Lane Donovan Golf Partners
18,311 16
Lakes payroll transfer
4/27/2006
Health Comp
3,671 17
Weekly claims 4121
4/27/2006
CalPERS
263,811 69
PERS Retirement
511/2006
Unum Provident
55950
LTC May
5/1/2006
Unum Provident
6,02098
LTD May
5/4/2006
Health Comp
1,64901
Weekly claims 4/28
51412006
Employment Development
40,476 2B
State Taxes
5/4/2006
IRS
201,148 37
Federal Taxes
4/21 - 5/4/06
Workers Comp Activity
42,615 71
SCRMA checks issued
DATE OF RATIFICATION: 5116/06
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
578,690 87
'S' `() Duo
Date
Date
bi
Da
578,690.87
on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
042
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 2, 2006 - 5 00 P M
500 P M SESSION
CALL TO ORDER — Mayor McDowell at 5,00 p m
ROLL CALL
Mayor McDowell
Mayor Pro Tern Busch
Council Member Boulgandes
Council Member Fisher
Council Member Jacobson
- Present
- Present — arrived at 5,02 p m
- Present
- Present
- Present
Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant
to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the
LAX RSI Program
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real
Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation,
and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or
conferring with the City's Labor Negotiators, as follows
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2
matters
City of El Segundo v 2221 Park Place, LASC Case No. BC319034
City of El Segundo v CTF2, Alaska, LASC Case No BC319033
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b)• -3 potential cases
(no further public statement is required at this time); Initiation of litigation pursuant to Government
Code §54956 9(c) -0- matter
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 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 recessed at 6 55 p m -
L4�
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 1
043
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 2, 2006 - 7 00 P M
7 00 P M SESSION
CALL TO ORDER — Mayor McDowell at 7 00 p m
INVOCATION — Reverend Bonnie Wulff of Living In the Inner Light Foundation
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS —
a. Council Member Boulgarides presented a Commendation to S &S Hardware in recognition of
Its 30th Anniversary and its many contributions and services to our community
b Council Member Fisher presented a Proclamation declaring Saturday, May 13, 2006, as EL
SEGUNDO PUBLIC SAFETY SERVICE DAY and inviting the community to participate in
the joint Open House at the Police and Fire Departments, from 10.00 a m to 200 p m
C Mayor McDowell presented Certificates of Recognition to Team El Segundo participants in
the 2006 Baker to Vegas Run held April 1 and 2, 2006
d Mayor McDowell announced May as Volunteer Recognition Month
ROLL CALL
Mayor McDowell -
Present
Mayor Pro Tern Busch -
Present
Council Member Boulgarides -
Present
Council Member Fisher -
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. - NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 2
044
A PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to read all
ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510
B SPECIAL ORDERS OF BUSINESS
Consideration and possible action to conduct a public hearing and introduce an Ordinance
approving the transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from
Equilon California Pipeline Company LLC to Shell Pipeline Company LLC and extending the
franchise until 2016
Council Member Jacobson left the dais and did not participate in the discussion because of a
possible conflict related to the location of real property
Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding an
Ordinance approving the transfer of a Pipeline Franchise Agreement, Ordinance No. 1255, from
Equilon California Pipeline Company LLC to Shell Pipeline Company LLC and extending the
franchise until 2016
City Clerk Mortesen stated that proper notice was completed and no communications had been
received in the City Clerk's Office
Steve Finton, Public Works Director, gave a report
MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgarides to close the
public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0/1 COUNCIL MEMBER
JACOBSON NOT PARTICIPATING DUE TO HIS INTEREST IN REAL PROPERTY
Mark Hensley, City Attorney, read by title only
ORDINANCE NO 1394
AN ORDINANCE APPROVING THE TRANSFER OF A PIPELINE
FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY LLC FROM
EQUILON CALIFORNIA PIPELINE COMPANY LLC AND EXTENDING THE
FRANCHISE UNTIL 2016
Council Member Boulgarides introduced the ordinance.
Second reading and adoption of Ordinance scheduled for May 16, 2006
Council Member Jacobson returned to the dais.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 3
Aj
2 Consideration and possible action to conduct a public hearing, adopt a Resolution, and
Introduce an Ordinance to amend the El Segundo Municipal Code regarding "Cafes" and
"Coffee Shops ". (Fiscal Impact. None)
Mayor McDowell stated this Is the time and place hereto fixed for a public hearing regarding
adoption of a Resolution, and Introduction of an Ordinance to amend the El Segundo Municipal
Code regarding "Cafes" and "Coffee Shops"
City Clerk Mortesen stated that proper notice was completed and no communications had been
received in the City Clerk's Office
Seimone Jurps, Director of Planning and Budding Safety, gave a report.
Mayor McDowell requests this item be revisited this summer and again around the holidays to see
If the parking restrictions are correct
MOTION by Council Member Boulgarides, SECONDED by Council Member Busch to close the
public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
Mark Hensley, City Attorney, read by title only
RESOLUTION NO 4463
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL ADOPTING
A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL
ASSESSMENT NO 697 (EA -697)
MOTION by Mayor ProTem Busch, SECONDED by Council Member Fisher to adopt Resolution
No. 4463 adopting a Negative Declaration approving Environmental Assessment No 697 (EA-
697) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
ORDINANCE NO 1395
AN OMNIBUS ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL CODE WITH REGARD
TO CAFES AND COFFEE SHOPS
Mayor ProTem Busch introduced the ordinance with the corrections read into the record by City
Attorney Mark Hensley
C UNFINISHED BUSINESS
D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 4
(-I 4 6
E CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. if a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business
3 Approved Warrant Numbers 2552951 to 2553185 on Register No 14 in the total amount of
$1,288,750 34 and Wire Transfers from 4/7/2006 through 4/20/2006 in the total amount of
$1,279,336 08 Authorized staff to release Ratified: Payroll and Employee Benefit checks;
checks released early due to contracts or agreement, emergency disbursements and /or
adjustments, and wire transfers
4 Approved City Council Meeting Minutes of April 18, 2006,
5 Extended the current employment agreement with Jack Wayt for the position of Police Chief
through December 31, 2006 Authorized the City Manager to execute the First Amendment
to Agreement No 3485
6 Approved the City of El Segundo's application for funding through California's 2002
Resources Bond Act, Roberti- Z'Berg- Harris Block Grant Program Adopted Resolution No
4464 authorizing the City Manager or Designee to apply for, receive and appropriate the
grant funds (Fiscal Impact $44,680)
PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
8 PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to approve
Consent Agenda Items 3, 4, 5, and 6 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
CALL ITEMS FROM CONSENT AGENDA
7 Consideration and possible action to accept $6,000 in penalty assessments from a
statewide consent decree and underground tank settlement with Pacific Bell Telephone
Company, dba AT &T California (People of California vs Pacific Bell Telephone) This
amount represents the City of El Segundo's portion of the total settlement. To receive this
portion of the settlement, a signed declaration for receipt of civil penalties must be executed
and submitted to the San Joaquin District Attorney's Office
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to accept
$6,000 in penalty assessments from a statewide consent decree and underground tank Settlement
No 3594 with Pacific Bell Telephone Company, dba AT &T California (People of California vs.
Pacific Bell Telephone) This amount represents the City of El Segundo's portion of the total
settlement To receive this portion of the settlement, a signed declaration for receipt of civil
penalties must be executed and submitted to the San Joaquin District Attorney's Office
Authorized the City Manager to sign and execute the Declaration MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 5
A7
8 Consideration and possible action regarding the City Council's authorization to accept the
Hazardous Materials Emergency Preparedness grant funding from the Governor's Office of
Emergency Services in the total amount of $6,400 for the preparation of a hazardous
materials emergency plan for the City of El Segundo. (Fiscal Impact. $6,400)
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to accept
the Hazardous Materials Emergency Preparedness grant funding from the Governor's Office of
Emergency Services in the total amount of $6,400 for the preparation of a hazardous materials
emergency plan for the City of El Segundo. (Fiscal Impact. $6,400) Authorize the City Manager
or designee to sign a State of California Assistance Agreement No 3595 MOTION PASSED BY
UNANIMOUS VOICE VOTE 5/0
F NEW BUSINESS
G REPORTS — CITY MANAGER — NONE
H REPORTS — CITY ATTORNEY — NONE
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher — None
Council Member Boulgandes —
Requested agendizing an ordinance to allow war veterans who are recipients of awards such as
the Purple Heart, Congressional Medal of Valor, ^earl Harbor Survivor etc., to park for free in the
City
9 Consideration and possible action to create an Ad Hoc Subcommittee to consider and make
recommendations to the City Council regarding changes to the City seal, logos and mottos
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to create an Ad
Hoc Subcommittee to consider changes to the City seal, logos and mottos and appoint to the
Subcommittee Committee to sunset in 6 months
Mayor McDowell made a substitute motion to form a committee to meet twice, first to see if there is
an interest in the community to replace the seal or adopt an official logo and then proceed Council
Member Jacobson seconded. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES
MCDOWELL, BUSCH, JACOBSON AND FISHER NOES BOULGARIDES 4/1
Council concurred that any product would be presented to the Council prior to any action being
taken
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 6
11,48
Council Member Jacobson — Reported on the communications industry and the impacts upon the
City He requested the AB 2987 regarding Cable Franchise be agendized for the next meeting
Mayor Pro Tern Busch — Reported on the "Moving of the Rock" which symbolizes the moving of the
Air Force Base from its former location into the new facility
Mayor McDowell — Spoke regarding the Air Force base, AB 2015, and the expansion of the AQMD
Board, to include a representative from the South Bay Cities.
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 - NONE
MEMORIALS —Vernon Bridges, long time resident and highly respected Optomoetnst
CELEBRATIONS —The birth Aiden Christopher Barrett, to parents Bret and Marcie Barrett and
Aiden's cousin, Gavin Michael Herndon, to parents Gina Barrett and Husband Kevin Herndon
Aiden and Gavin are the grandchildren of former Police Officer Chris Barrett and his wife Kathy
Barrett
ADJOURNMENT at 8 25 p.m
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
May 2, 2006
PAGE NO 7
n4q
EL SEGUNDO CITY COUNCIL MEETING DATE. May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
AGENDA DESCRIPTION
Consideration and possible action regarding reappropriation of specific budget appropriations
from FY 2004 -2005 to FY 2005 -2006 for ongoing purchase orders, projects, and capital
Approve funding FY 2004 -2005 continuing appropriations and open purchase orders In
the FY 2005 -2006 Budget
2 Alternativelv discuss and take other action related to this Item
Each year staff requests the City Council to reappropriate specific budget appropriations from
the prior year (FY 2004 -2005) to the current year (FY 2005 -2006) for ongoing purchase orders,
projects and capital improvements This is a formality that brings forward City obligations from
FY 2004 -2005 to FY 2005 -2006
The attached list of FY 2004 -2005 continuing appropriations is being submitted to the City
Council for approval of an appropriation in the FY 2005 -2006 Budget
Continuing Appropriations and Open Purchase Orders
Staff recommends that Council continue the practice of rolling forward all open purchase
orders and continuing appropriations from FY 2004 -05 that have unspent amounts as of the
fiscal year end See attached schedule of Individual Items
ATTACHED SUPPORTING DOCUMENTS:
Schedule of FY 2004 -2005 reserve for encumbrances and continuing appropriations
FISCAL IMPACT None
Operating Budget, $109,410,800 -Total Budget
Amount Requested, Continuing Appropriations of $2,682,700 with matching grant revenues of
$519,350 and Reserves of $6,438,250
Account Number. Various accounts -see attached schedule
Project Phase.
Appropriation Required x Yes _ No
ORIGIN TED DATE:
Bret M Plumlee, Director Administrative Services
REVIEWE j. DATE:
Jeff MAIM. C
2005 -2006
IQ
030
Encumbrances FY 04 - 05
City of El Segundo
Reserve for Encumbrances
244- 0000 -0000
Period Ending September 30, 2005
VENDOR NAME VENDOR# PO NUMBER ACCOUNT# AMOUNT
General Fund 001 Reserve For Encumbrances
Shannon David, Inc
08315
24- 00114
001- 400 - 2401 -6201
11,564
Shannon David, Inc
08315
24 -00114
001 -400- 2401 -6214
70,081
The Active Network, Inc
05272
60 -00681
001- 400- 2403 -4102
4,630
John L Hunter & Associates, Inc
11767
24 -00111
001 -400- 2403 -6214
5,480
MRH Structural Engineers
13286
24 -00108
001 -400- 2403 -6214
18,740
Class Software, Ltd
07291
60 -00622
001 - 400 -2501 -5204
4
CBIZ Accounting
08283
25 -00271
001 -400- 2502 -6214
2,145
Class Software, Ltd
07291
60 -00622
001400- 2502 -6214
4,564
Lance, Soli& Lunghard
02070
25 -00253
001400- 2502 -6214
8,000
Michael Mc Daniel
07878
25 -00273
0011300- 2505 -6214
6,306
Lance, Solt& Lunghard
02070
25 -00225
061 -400-2505-6214
4,510
Prosum Inc
12810
25 -00272
001- 400 - 2505 -6214
23,160
Simetra Systems
04634
25 -00210
001- 400 - 2505 -6214
2,600
Vertex Communications
06380
25 -00266
001 -400 -2505 -6214
6,586
Granicus
06216
25 -00267
001- 400 - 2505 -6217
7,648
PC Mall
12643
25 -00277
001 -400- 2505 -6217
1,760
CCG Systems, Inc
10110
60 -00491
001 -400- 2505 -8108
2,100
Gary V Bufkm, Computer Consulting
05453
60 -00381
001 -400- 2505 -8108
23,750
The Active Network, Inc
05272
60 -00681
001 -400- 2505 -8108
3,380
Liebert, Cassidy, Whitmore
03309
25 -00221
001 -400- 2506 -6223
6,132
Liebert, Cassidy, Whitmore
03309
25 -00247
001 - 400 - 2506-6223
4,000
Best Roofing & Waterproofing, Inc
02818
30 -00151
001 -400 -2601 -6206
2,800
Aloha Doors and Gates
08214
26 -00338
001- 400 - 2601 -6215
4,072
Aardvark Tactical
07668
31 -00427
001 -400- 3101 -6288
5,961
Quartermaster
03969
31 -00430
001- 400- 3102 -4215
7,350
Dell Marketing L P
11227
60 -00676
001 -400- 3107 -5206
250
Allstar Fire Equipment Inc
07001
32 -00276
001 -400- 3202 -5204
7,237
Advanced Electronics
03088
32 -00231
001 -400- 3202 -6251
2,368
Advanced Electronics
03088
32 -00277
001400- 3202 -8104
1,804
Advanced Electronics
03086
32 -00278
001 -400- 3202 -8104
1,804
Data 911
07002
60 -00657
001 -400- 3202 -8104
2,349
Motorola Inc, % Advanced Electronics
02139
60 -00671
001400- 3202 -8104
2,582
Motorola Inc, %Advanced Electronics
02139
60 -00670
001400- 3202 -8104
2,580
Placer Fire Equipment
08225
60 -00644
001400- 3255 -8104
370,201
Anrab Associates
08240
41 -00035
0014004101 -6206
190
Y & M Construction
08616
30 -00153
0014004202 -6206
29,327
Powertronic, Inc
08625
52 -00486
001400- 5202 -6206
2,850
Class Software, Ltd
07291
25 -00238
001400- 5203 -5204
400
Class Software, Ltd
07291
25 -00238
001400 -5204 -5204
400
Class Software, Ltd
07291
25 -00238
001400- 5205 -5204
400
PC Mall
12643
60 -00680
001400- 5206 -6206
329
PC Mall
12643
60 -00680
001400- 5206 -6215
1,280
Telecommunications Mgmt Corp
02737
61 -00309
001- 400 - 6101 -6206
3,006
Total Moved From FY 04 -05 to FY 05-06 666,700
v5j
Dept AdmSvc AP Purchas,ng PO s moved - 05 to 06 for Sian Agenda 5 16 06 5/4/2006 5 10 PM
Encumbrances FY 04 - 05
Asset Forfeiture Fund 106 Reserve For Encumbrances
Y & M Construction 08616 30 -00153
Y & M Construction 08616 30 -00153
Total Moved From FY 04 -05 to FY 05 -06
Asset Forfeiture Fund 109 Reserve For Encumbrances
Alads 06544 31 -00402
Incorporated Business Interiors 03040 60 -00415
Motorola Inc, % Advanced Electronics 02139 31 -00390
Total Moved From FY 04-05 to FY 05-06
106 -400- 8203 -8604
106 - 400 -8203 -8606
109 -400. 3105 -6214
109400- 3105 -8104
109 -400- 3105 -8108
31,762
24,738
56,500
2,100
1,932
121,518
125,550
Community Development Block Grant Fund 111 Reserve For Encumbrances
08548
30 -00150
Always Right Home Care
07849 27 -00113
111 -400- 2743 -6214
12,934
South Bay Youth Project
01020 27 -00116
111 -400 - 2747 -6214
4,200
Tina Gall
11078 27 -00118
111 -400- 2779 -6206
658
Tina Gall
11078 27 -00111
111 -400- 2781 -6214
11,908
301- 400 - 8203 -8949
Total Moved From FY 04 -05 to FY 05 -06
07879
29,700
Home Sound Installation Fund
116 Reserve For Encumbrances
Wyle Laboratories, Inc
06513 29 -00145
116 - 400 -OODO -6214
71,526
Wyle Laboratories, Inc
06513 27 -00129
116 -400- 0000 -6214
16,310
The Jones Payne Group, Inc
07348 29 -00130
116 -400- 0000 -6214
303,717
S& L Specialty Contracting, Inc
08375 29 -00146
116 -400 - 0000 -8960
262,732
S& L Specialty Contracting, Inc
08375 29 -00150
116 -400- 0000 -8960
650,815
Total Moved From FY 04-05 to FY 05A6
1,305,100
Hyperion Mitigation Fund 117 Reserve For Encumbrances
RBF Consulting
00860 24 -00088
117 -400- 8601 -6206
$71,300
Total Moved From FY 04.05 to FY 05 -06
$71,300
TDA Article 3 - SIB 821 Bikeway
Fund 118 Reserve For Encumbrances
Y & M Construction
8616 30 -00153
118- 400 -8203 -8604
6,000
Total Moved From FY 04.05 to FY 05 -06 6,000
Capital Improvements Fund 301 Reserve For Encumbrances
Heery International, Inc
08548
30 -00150
301- 400 -8201 -8475
Parsons Transportation Group, Inc
04300
30 -00143
301 -400- 8203.8949
Caltrop Corporation
07053
30 -00145
301 -400- 8203 -8949
SBC
01344
30 -00146
301 - 400 - 8203.8949
Pacific Pipeline System, Inc
13588
30 -00147
301- 400 - 8203 -8949
Cotton Bridges Association
07879
30 -00131
301 -400- 8204 -8317
Total Moved From FY 04 -05 to FY 05 -06
Facilities Maintenance Fund 405 Reserve For Encumbrances
Cl Paints 13735 26 -00339 405- 400 -0000 -6215
Total Moved From FY 04 -05 to FY 05.06
9,795
3,593
1,739,407
875,000
1,201,569
4,486
3,833,650
7,350
052
Dept AtlmSvc AP Purchasing PO s moved 05 to 06 for Staff Agenda 5 16 06 51412006 5 10 PM
Encumbrances FY 04 - 05
Water Utility Fund 501 Reserve For Encumbrances
John T Malloy, Inc
07617 71 -00114
Federal Signal Corporation
06856 71 -00116
Total Moved From FY 04.05 to FY 05-06
Equipment Replacement Fund 601 Reserve For Encumbrances
Class Software, LTD
07291 60 -00622
Insight Public Sector
07183 60 -00669
Placer Fire Equipment
08225 60 -00644
Total Moved From FY 04.05 to FY 05 -06
501 -400- 7103 -8207 4,213
501- 400 - 7103 -8226 208,337
212,550
601 -400- 2501 -8108 12
601 -400- 3101 -8108 1,072
601 -400- 3202 -8105 113,566
114,650
Sub -Total Moved From FY 04 -05 to FY 05.06
Pitney Bowes 01240 29 -00090 001 -400- 2901 -6215
Pitney Bowes 01240 29 -00090 601 - 400 - 2901 -8104
Total unencumbered PO's Moved From FY04 -05 to FY 05 -06
Grand Total Moved From FY 04 -05 to FY 05.06
6,429,250
3,600
5,400
9,000
$ 6,438,250
053
Dept AdmSvc AP Purchasing PO's moved - 05 to 06 for Staff Agenda 5 16 06 5/4/2006 5 10 PM
Continuing Appropriations FY 04 -05 Staff Agenda 5 16 06 5/4/2006 5 41 PM
City of El Segundo
FY 04-05 Continuing Appropriations
EXPENDITURES
Fund
Account Name
Account Number
Description
$
Amount
001
Professional & Technical
001 -400- 2402 -6214
Environmental Review
$
136,700
001
Professional & Technical
001- 400- 2403 -6214
Micro Imaging
001
8 000
001
Professional & Technical
001 -400- 2403 -6214
Plan Review
502 - 300 -0000 -3795
205,000
001
Capital Computer Hardware
001 -400- 2505 -8108
Various IS Protects
169,350
001
Employee Banquet
001- 400 - 2901 -6245
Employee Banquet
$
1,700
001
Contractual Services
001100 -4202 -6206
Reconstruction City Streets
Sewer Master Plan Repairs - Federal Grant
188,150
001
Repairs & Maintenance
001100- 5101 -6215
Clubhouse & Camp Eucalyptus
Sanitary Sewer Grant (EPA -FAA)
14,050
Sanitary Sewer Grant (EPA -FAA)
$
526,000
$
722,950
Total
301
Aquatics Facility
301100- 8202 -8476
Aquatics Facility
$
549,750
301
Office Expansion Fire Station #1
301100- 8207 -8484
Office Expansion Fire Station #1
35,100
$ 584,850
405 Repairs & Maintenance 405100- 0000 -6215 Facilities Maintenance $ 268,100
Total $ 1,575,900
GRANT EXPENDITURES
001
Beverage Container Recycling
0011001206 -6236
Beverage Container Grant
$
12 200
001
CapdaVEgwpment
001100- 3202 -8104
Homeland Seventy Grant (SHSGP) FY03
001- 300 - 0000 -3735
6,300
001
Capital /Equipment
001100- 3255 -8104
Homeland Security Grant (SHSGP) FY04
001
5,100
001
Capital /Equipment
001100- 3255 -8104
UASI Grant FY 2003
502 - 300 -0000 -3795
17,850
001
Capital /Equipment
001100- 3255 -8104
UASI Grant FY 2004
188,600
$
230,050
301
Sewer Master Plan Repairs - Federal Grant 301100 -8204 -8317
Sewer Master Plan Repairs - Federal Grant
$
350,750
502
Sanitary Sewer Grant (EPA -FAA)
502100 -8204 -8635
Sanitary Sewer Grant (EPA -FAA)
$
526,000
Total
$
11106,800
TOTAL CONTINUING APPROPRIATIONS
$
2,682,700
GRANT REVENUES
001
State Grants
001- 300 - 0000 -3703
Beverage Container Grant
001
Federal Grants
001- 300 - 0000 -3735
Homeland Security Grant (SHSGP) FY03
001
Federal Grants
001- 300 - 0000 -3735
Homeland Security Grant (SHSGP) FY04
001
Federal Grants
001- 300 - 0000 -3735
UASI Grant FY 2003
001
Federal Grants
001 - 300 -0000 -3735
UASI Grant FY 2004
502
Sanitary Sewer Grant (EPA -FAA)
502 - 300 -0000 -3795
Sanitary Sewer Grant (EPA -FAA)
TOTAL GRANT REVENUES
$ 12,200
6,300
5,100
17,850
188,600
$ 230,050
$ 289,300
$ 819,350
uJ4
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION.
Consideration and possible action regarding the approval of the examination plan for the
Personnel Merit System fob classification of Human Resources Specialist
RECOMMENDED COUNCIL ACTION-
1) Approve the Examination Plan;
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the
Personnel Officer shall review and recommend to the City Manager, who in turn shall
recommend to the City Council, an appropriate examination plan and weights for each portion
of the examination for Personnel Merit System fob classifications
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of initiative Ordinance No 586 in April 1962
- continued on next page -
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT
Operating Budget.
Amount Requested:
Account Number:
Project Phase
Appropriation Required- _Yes X No
ORIGINATED- DATE: May 2, 2006
Bret M Plumlee, Director of Administrative Services
DATE: 5
W i
546
C'
U0;;
BACKGROUND & DISCUSSION-
For departments other than the Police and Fire Departments, the plan may consist of any
one or combination of the following techniques
1 Written,
2 Oral,
3 Demonstration,
4 Any evaluation of education, experience, or skills or physical fitness, which fairly
evaluated the relative capacities of the applicants
Police and Fire Departments
The examination plan, for entrance or promotional, for the Police and Fire Departments,
shall consist of a written examination and one or more of the following
1 Oral,
2 Demonstration,
3 Any evaluation of education certification, experience, or skills or any test of
manual skills or physical fitness, which fairly evaluates the relative capacities of
the applicant
The current vacancy is the result of the incumbent's retirement after 12 years of service in
the position The last recruitment process for this position was conducted in July of 1994
HUMAN RESOURCES SPECIALIST (Open- Competitive)
Structured Technical and Career Preparation Interview Weighted 100%
r5
EL SEGUNDO CITY COUNCIL MEETING DATE May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda
AGENDA DESCRIPTION.
Consideration and possible action regarding the adoption of Ordinance No 1395 to amend the
El Segundo Municipal Code regarding "Cafes" and "Coffee Shops " (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION:
1) Second reading by title only, and adoption of Ordinance No 1395 for Environmental
Assessment No EA -697 and Zone Text Amendment No ZTA 06 -1; and /or
2) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION'
On May 2, 2006, the Planning Commission held a public hearing on an amendment to the El
Segundo Municipal Code regarding "Cafes" and "Coffee Shops " After receiving public
testimony and reviewing the documents, the City Council refined the proposed definition of
"Cafe " The City Council then directed staff to report back to them in the summer and winter
regarding the operation of the required parking standard for "Cafes " The Council then
introduced an ordinance to adopt Environmental Assessment No EA -697 and Zone Text
Amendment No 06 -1.
The Ordinance was read into the record and is presented for a second reading and adoption
If adopted without change, the provisions will become effective in 30 days
ATTACHED SUPPORTING DOCUMENTS:
A Ordinance No 1395
FISCAL IMPACT'
Operating Budget- N/A
Amount Requested, NIA
Account Number. NIA
Project Phase* NIA
Appropriation Required: _Yes X No
Seimone Jurus. Clw6ctor of Plannina and
REVIEWED O
Jeff S)6)&Art, XW Ma
DATE:
7 o2o 6
P 1Planning & Budding Safety\PROJECTS\ 676- 700\EA- 697 \CdyCouncd\Ea- 697CafeOrdmanceCC SR 5 16 06 doc
V5 7
ORDINANCE NO. 1395
AN OMNIBUS ORDINANCE AMENDING THE EL SEGUNDO
MUNICIPAL CODE WITH REGARD TO CAFtS AND COFFEE SHOPS.
The Council of the City of El Segundo does ordain as follows
SECTION 1 The City Council finds and declares as follows
B This Ordinance is consistent with the City's procedures and standards as set forth
in the El Segundo Municipal Code ( "ESMC ")
C Amendments to the ESMC affecting cafes and coffee shops comply with the Land
Use Element of the General Plan to provide a stable tax base for the City through
development of new commercial uses, primarily within a mixed -use environment
without adversely affecting the viability of the Downtown, to promote the
development of high quality retail facilities in proximity to major employment
centers
D Amendments to the ESMC affecting cafes and coffee shops comply with the
Economic Development Element of the General Plan to foster a strong healthy
economic community, to maintain and promote land uses that improve the City's
tax base, to encourage the expansion of El Segundo's retail and commercial base
so that the diverse needs of the City's business and residential communities are
met, and to encourage a mix of retail and commercial business that stimulate
pedestrian traffic and meet the communities changing needs for goods and
services
E. Amendments to the ESMC affecting cafes and coffee shops comply with the
Circulation Element to ensure the provision of sufficient on -site parking in all
new development
SECTION 2 A new definition is added to ESMC § 15 -1 -6 to read as follows
"Cafe" means an establishment that sells food or beverages for consumption on or off
the premises in conjunction with retail sales of other goods A cafe can only be located
within a multi -use shopping center, office development, or the commercial portion of a
mixed use development in a multi -tenant structure Alternatively, a caf& can exist as an
accessory use within a primary permitted use A cafe must comply with the following
A A cafe can only have a limited food and beverage menu Food sold at cafes must
be generally received by customers in a pre - packaged or pre- cooked state that
requires little or no preparation Limited means for heating food (such as a
microwave oven or toaster oven) are allowed,
B Caf&s cannot exceed 1,200 gross square feet (including the area for food
Page 1 of 5 Co J 8
consumption);
C The interior area for food consumption in cafes must be a maximum of 400 gross
square feet of the floor area of the primary permitted on -site use,
D Seating areas in cafes must be clearly separated from other portions of the use as
defined by fixed barriers such as full or partial walls, fencing, planters, corridors,
counters, or permanent display fixtures;
E Not more than 15 seats are allowed within cafes,
F Orders for food or beverages in cafes must be placed and picked -up from an
interior counter only No table service is provided,
G No drive-thru window or outdoor service window is allowed,
H No alcoholic beverages can be served, and
A mimmum of 5% of the gross floor area must be devoted to the sale of non -food
products "
SECTION 3 A new § 15 -15 -3 B (14) is added to the ESMC to read as follows
Nonresidential Uses
Number of Parking S aces Required
(14) Cafes
(a) Which equals 20% or less of the
gross floor area of a multi- tenant
1 space for each 300 square feet
shopping center, office
development or the commercial
portion of a mixed -used
development
(b) Any portion of a Caf& or any
cumulative floor area of multiple
1 space for each 75 square feet, including
cafes which exceeds 20% of a
outdoor areas if outdoor dining area
multi -tenant shopping center,
exceeds 200 sq ft
office development, or the
commercial portion of a mixed -
used development
SECTION 4 Cafes as a permitted Use The caf& use is added to the following sections of the
ESMC 15 -SA -2, 15 -5A -3, 15- 5A -5(C); 15 -5B -2, 15 -513-3, 15- 5B -5(C), 15 -5C -2, 15 -5C -3, 15-
5C-5(E), 15 -5D -2, 15 -5D -3, 15- 5D -5(F), 15 -5E -2, 15 -5E -3, 15- 5E -5(G), 15 -517-2, 15 -517-3, 15-
5F-5(H), 15 -5G -2, 15 -5G -3, 15 -6A -2, 15 -6A -3, 15- 6A -5(E), 15 -6C -2, 15 -6C -3, 15- 6C -5(C), 15-
613-2, 15 -6D -3, 15- 6D -5(C), 15 -713-2, and 15 -713-3
Page 2 of 4
SECTION 5 Administrative Use Permits In order to implement the new cafe use, as set forth
in this Ordinance, and to clarify the authority delegated to the Planning and Building Safety
Director for issuing administrative use permits ( "AUP "), all provisions of the ESMC which
currently would allow the on -site sale and consumption of alcohol at a cafe use to be permitted
with an AUP are amended to remove the term "cafe" from the list of uses with on -site sale and
consumption of alcohol authorized by AUP
SECTION 6 Coffee Shops, Coffee shops are not defined within the ESMC and the common
use of the term is incorporated into the definition of cafe as set forth above Accordingly, the
ESMC is amended in its entirety to remove all references to the term "coffee shops "
SECTION 7 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 8• 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 9 The City Council determines that this ordinance has been analyzed for its
environmental impacts and a draft Initial Study of Environmental Impacts was prepared pursuant
to Public Resources Code § 15063 (the California Environmental Quality Act) A Negative
Declaration of Environmental Impacts was prepared for this project pursuant to CEQA § 15070
The negative declaration was certified by the City Council on May 2, 2006 pursuant to Resolution
No
SECTION 10 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 11: This Ordinance will take effect on the 31st day following its final passage and
adoption
Page 3 of 4
PASSED AND ADOPTED this day of 2006
Kelly McDowell,
Mayor
ATTEST
Cindy Mortesen
City Clerk
APPRC
Mark E
m
Page 4 of 4 ; � % 1
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: May 16, 2006
AGENDA HEADING. Consent
Consideration and possible action regarding a reimbursement agreement with REEFF America
L L C for the processing of planning applications for a proposed extended stay hotel to be
constructed at 888 North Sepulveda Boulevard (Fiscal Impact Approximately $45,000 —To be
reimbursed by project applicant)
RECOMMENDED COUNCIL ACTION
Authorize the City Manager to execute a reimbursement agreement, as approved to
form by the City Attorney, with REEFF America L L C , and /or,
Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION
On April 25, 2006, Planning and Building Safety received several applications for a proposed
new extended stay hotel to be constructed at 888 North Sepulveda Boulevard The
applications consists of a development agreement, transfer of development rights, conditional
use permit, and environmental review These applications will need extensive staff and legal
time review. The cost for these reviews will be reimbursed by the applicant
ATTACHED SUPPORTING DOCUMENTS
None
FISCAL IMPACT.
Operating Budget* $45,000
Amount Requested $45,000
Account Number. 001 - 400 -2402 -6214
Project Phase- N/A
Appropriation Required, X Yes _ No
P \Planning & Building Safety\Siurps \Staff Reports Part 2 \Hotel\Reimbursement Contract for Hotel CCrpt5 -16 -06 doc
062
0
EL SEGUNDO CITY COUNCIL MEETING DATE. May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION -
Consideration and possible action regarding adoption of Ordinance No 1394 approving the
transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from Equilon California
Pipeline Company LLC to Shell California Pipeline Company LLC and extending the franchise
until 2016 (Fiscal Impact = $3,500, estimated annual franchise fee)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Second reading and adoption of Ordinance No 1394 by title only, and,
(2) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION,
On June 4, 1996, the City of El Segundo entered into a non - exclusive Pipeline Franchise
Agreement ( "Pipeline Franchise ", Ordinance No. 1255) with Shell California Pipeline Company
for a ten -year period ending on April 19, 2006 to lay and use pipelines consisting of a single
line of pipe six inches (6 ") in internal diameter and a single line of pipe eight inches (8 ") in
internal diameter for the transportation of petroleum products in, under, along, and across
public streets in the City of El Segundo as shown on the attached map. A copy of Ordinance
1255 is available for review in the City Clerk's Office
see "Background and Discussion" on
ATTACHED SUPPORTING DOCUMENTS:
Map
Franchise Ordinance No 1394
Application from Shell California Pipeline Company
Resolution No 4461 (Resolution of Intent to hold a public meeting)
FISCAL IMPACT-
Operating Budget:
NA
Amount Requested:
NA
Account Number:
NA
Project Phase:
NA
Appropriation Required: No
ORIGINATED BY- DATE:
St a Finton. Director of Public Works
u63
BACKGROUND & DISCUSSION: (continued)
On October 6, 1998, the City of El Segundo, by Resolution No 4093, transferred Franchise
Ordinance No 1255 to Equilon California Pipeline Company LLC due to the merger of Texaco
and Shell Oil Company A copy of Resolution 4093 is available for review in the City Clerk's
Office
On February 20, 2006, the City of El Segundo received an application from Shell California
Pipeline Company LLC, the successor in interest to Egwlon California Pipeline Company LLC,
to extend the Pipeline Franchise for an additional ten year period ending on April 19, 2016
Shell California Pipeline Company has also requested that the Franchise Ordinance be
transferred to Shell California Pipeline Company due to the cancellation of the Shell/Texaco
Merger
On March 21, 2006, City Council adopted Resolution No 4461 declaring its intent to conduct a
public hearing to consider all testimony regarding the pipeline franchise On March 30, 2006,
the City Clerk published notification as required by the Public Utilities Code On May 2, 2006,
City Council conducted the public hearing and first reading of the Ordinance No public
comment was received during the public hearing,
Franchise fees paid to the City underthis Franchise Ordinance are regulated by the California
Public Utilities Code This fee is based on the length and diameter of pipes covered under the
Franchise and as adjusted for inflation from year to year. The estimated annual franchise fee
will be $3,500 per year
064
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ORDINANCE NO. 1394
AN ORDINANCE APPROVING THE TRANSFER OF A PIPELINE
FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY LLC
FROM EQUILON CALIFORNIA PIPELINE COMPANY LLC AND
EXTENDING THE FRANCHISE UNTIL 2016.
The City Council does ordain as follows
SECTION 1 The City Council finds and declares that
A On June 4, 1996, the City of El Segundo entered into a non - exclusive
Franchise Agreement ( "Pipeline Franchise ") with Shell California Pipeline
Company for a ten year period ending on April 19, 2006 to lay and use
pipelines consisting of a single line of pipe six inches (6 ") in internal
diameter and a single line of pipe eight inches (8 ") in internal diameter for
the transportation of petroleum products in, under, along, and across
public streets in the City of El Segundo,
B By Resolution No 4093, adopted October 6, 1998, the City assigned the
Pipeline Franchise to Equilon California Pipeline Company LLC due to the
merger of affiliated companies of Texaco and Shell Oil Company,
C On February 20, 2006, the City of El Segundo received an application
from Shell California Pipeline Company LLC, the successor in interest to
Equilon California Pipeline Company LLC, to extend the Pipeline
Franchise for an additional ten year period,
D The City Council by Resolution No 4461, adopted on March 21, 2006,
declared its intent to conduct a public hearing to consider all oral and
written testimony regarding the Pipeline Franchise before determining
whether to grant the Pipeline Franchise extension and assign the Pipeline
Franchise to Shell California Pipeline Company LLC,
E The Pipeline Franchise expired on April 19, 2006, but the City declared its
intent to conduct a public hearing on May 2, 2006 and, accordingly, the
Pipeline Franchise allowed Equilon California Pipeline Company, LLC to
maintain a holdover status during the pendency of the City Council's
decision regarding extending and assigning the Pipeline Franchise;
F The City Clerk published a notice of public hearing as directed by City
Council, and
G On May 2, 2006, said public hearing was held and it was determined by
City Council to grant the Pipeline Franchise extension and assign the
Pipeline Franchise to Shell California Pipeline Company LLC
SECTION 2 The City Council approves the transfer or assignment of the Pipeline
Page 1 of 3
066
Franchise from Equilon California Pipeline Company LLC to Shell California Pipeline
Company LLC, subject to all the terms and conditions of the Pipeline Franchise
SECTION 3 The Pipeline Franchise is amended to extend the term for an additional
ten (10) years until April 19, 2016
SECTION 4 This Ordinance will become effective on the thirty -first (31s) day following
its second reading and adoption
PASSED AND ADOPTED this _ day of , 2006
APPRi
Mark C
C
ley
Kelly McDowell, Mayor
Page 2 of 3
U6;
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being ORDINANCE NO was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2006, and the same was so passed and
adopted by the following vote
AYES
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
.2006
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
Page 3 of 3
068
01(0512006 19' 26 3108162235 SHELL WESTERN REGION PAGE 01
Shell Pipeline Company LP
Western Region - Land & Permitting
20945 S Wilmington Ave
Corson, CA 908101039
2 -20-06
Steve Finton
Director ofPubhc Works
City of El Segundo
350 Main Stced
El Segundo, CA 90245
(310) 5242356
(3 10) 640-0489 fex
Steve Finton,
LOS ANGELES COUNTY, CALIFORNIA
CITY OF EL SEGUNDO ORDINANCE NO 1255 (Supersedes 758, 759 & 1199)
VENTURA PRODUCTS R/W TL 12 -16 & LA PRODUCTS R/W 11 -14
Shell California Pipeline Company LLC, a Delaware Limited Liability Company
( "Shell'), formedy (mown as Equilon California Pipeline Company LLC, requests an
amendment to Ordinance No 1255 to extend the term for an additional ten year period. The
franchise agreement addresses the operation and maintenance of the 6" VPL (Ventura Products
Line- RIW No 16) and the 8" LAXPDX (LAX Products Line- R/W No 14) under City streets
The current franchise agreement expires on April 19, 2006.
Shell shell pay the City of El Segundo an annual franchise fee wluch complies with the
Franchise Act of 1937 (Public Utilities Code sections 6201, et seq ).
Please send the agreement for processing to. 20945 S Wilmington Avenue, Carson, CA
9091 O_ Should you have any concerns, feel free to contact me at (310) 816 -2208 Thank you for
your help and consideration with this matter
Sincerely,
Ed Anderson
Contract Land Agent
i/ b
RESOLUTION NO. 4461
A RESOLUTION DECLARING THE CITY COUNCIL'S
INTENT TO CONDUCT A PUBLIC HEARING ON MAY 2,
2006 REGARDING TRANSFERING AN OIL PIPELINE
FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY
LLC AND EXTENDING THAT FRANCHISE FOR TEN (10)
YEARS.
The City Council does resolve as follows:
SECTION 1 The City Council finds and declares that
A By Ordinance No 1255, adopted June 4, 1996, the City of El Segundo
entered into a non - exclusive Franchise Agreement ('Pipeline Franchise ")
with Shell California Pipeline Company for a tern year period ending on
April 19, 2006 to lay and use pipelines consisting of a single line of pipe
six inches (6 ") in internal diameter and a single line of pipe eight inches
(8 ") in internal diameter for the transportation of petroleum products in,
under, along, and across public street in the City of El Segundo,
B Through Resolution No 4093, adopted October 6, 1998, the City
transferred the Pipeline Franchise to Equilon California Pipeline Company
LLC due to the merger of affiliated companies of Texaco and Shell Oil
Company, and
C On February 20, 2006, the City of El Segundo received an application
from Shell California Pipeline Company LLC, the successor in interest to
Equilon California Pipeline Company LLC, to extend the Pipeline
Franchise for an additional ten year period
SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its
intent to conduct a public hearing on May 2, 2006 at 7 00 p m in the City Council
Chambers at 350 Main Street, El Segundo, to consider all oral and written testimony
regarding the Pipeline Franchise before determining whether to grant the Pipeline
Franchise extension and assign the Pipeline Franchise to Shell California Pipeline
Company LLC
SECTION 3 The City Clerk is directed to publish public notice of the public hearing
(including all requirements set forth in Public Utilities Code § 6233) at least one time
within fifteen (15) days after this Resolution is adopted in a newspaper of general
circulation
O B
Page 2 of 2
`v'70
SECTION 4 This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution
PASSED AND ADOPTED this 21
APPROVED
Mark D Hen
By = u /,r , -
Karl Ht Berger, As* tant City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being RESOLUTION NO 4461 was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 21st day of March, 2006, and the same was so passed and adopted by the
following vote
AYES McDowell, Boulgarides, Busch, Jacobson
NOES None
ABSENT Gaines
ABSTENTION None
NOT PARTICIPATING None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 215E day of
March, 2006
1
" U
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
Page 2 of 2
020
0741
EL SEGUNDO CITY COUNCIL MEETING DATE' May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION.
Consideration and possible action regarding the adoption of a resolution declaring the City's
intent to conduct a public hearing on June 20, 2006 regarding the issuance of a pipeline
franchise agreement to Chevron Pipeline Company for a period of ten (10) years (Fiscal
impact = $3,000 estimated annual franchise fee)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adopt a resolution declaring the City's intent to conduct a public
hearing on June 20, 2006 regarding the issuance of a pipeline franchise agreement,
(Ordinance) to Chevron Pipeline Company for a ten -year period, (2) Alternatively discuss and
take other action related to this item
BACKGROUND & DISCUSSION:
On January 16, 1996, the City of El Segundo entered into a non - exclusive Oil Pipeline
Franchise Agreement ( "Pipeline Franchise ", Ordinance No 1246) with Chevron Pipeline
Company ( "Chevron ") for a ten -year period ending on May 12, 2005 to operate and maintain a
pipeline system consisting of a single line of pipe twelve (12) Inches in Internal dlameterforthe
purpose of transporting petroleum products In, under, along, and across public streets In the
City of El Segundo as shown on the attached map
(Background and Discussion continued on following page)
ATTACHED SUPPORTING DOCUMENTS:
Map
Application from Chevron Pipeline Company
Resolution of Intent
Ordinance
FISCAL IMPACT.
Capital Improvement Program. NA
Amount Requested. NA
Account Number, NA
Project Phase NA
Appropriation Required. No
Public Works
Jeff Sfahft" Citv M
DATE- May 8, 2006
DATE*
0'12
1 1
BACKGROUND & DISCUSSION (continued):
The Pipeline Franchise has been maintained by Chevron in a holdover status by annually
submitting payment of franchise fees calculated pursuant to the terms of the franchise
agreement On November 8, 2005, Chevron submitted to the City a letter of application
requesting that the City grant a new franchise agreement for ten (10) years, for the same
pipelines
Pursuant to the Public Utilities Code, extension of the Pipeline Franchise requires that the City
declare its intent to extend the franchise and hold a public hearing to consider all oral and
written testimony regarding the Pipeline Franchise before determining whether to grant the
Pipeline Franchise or extension thereof. Notice of said public hearing must be published at
least one time within fifteen (15) days after the resolution of intent is adopted in a newspaper
of general circulation The resolution of intent sets the public hearing for the Council Meeting
of June 13, 2006.
The process for the establishment or extension of franchises requires three actions by Council
1. Adoption of the a Resolution of Intent to hold a public hearing
2. Public Hearing and first reading of the Franchise Ordinance
3 Second reading and adoption of the Franchise Ordinance
This process was recently followed during the extension of the franchise with Shell California
Pipeline Company
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November 8, 2005
Steve Finton
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re: Franchise renewal Application
City Ordinance No. 1246
CPL ROW #90181
Dear Mr Finton.
CIMM
to Chevron
RECEIVED
NOV 15 2005
PUBLIC WORKS
ENGINEERING
Chevron Pipe Line Company, as agent for Chevron U.S.A. Inc.,
requests a grant from the City of El Segundo for a ten year franchise
agreement for one 12 -inch aviation jet fuel line under City streets from
El Segundo Refinery to serve LAX. The current franchise agreement
expired on May 12, 2005.
Chevron U. S. A. Inc. shall pay the City of El Segundo an annual
franchise fee which complies with the Franchise Act of 1937 (Public
Utilities Code sections 6201, et seq ). Please vest the agreement in
Chevron U. S. A. Inc., a Pennsylvania corporation.
Please send the agreement for processing to: 16301 Trojan Way, La
Mirada, CA 90638. Should you have any concerns, feel free to contact
me at (714) 228 -1523. Thank you for your help and consideration with
this matter.
Sincerely,
Ray Riddle
Right of Way Specialist
0 7J
RESOLUTION NO.
A RESOLUTION DECLARING THE CITY COUNCIL'S
INTENT TO CONDUCT A PUBLIC HEARING ON JUNE 20,
2006 REGARDING THE GRANT OF AN OIL PIPELINE
FRANCHISE TO CHEVRON.
The City Council does resolve as follows
SECTION 1 The City Council finds and declares that
A On November 15, 2005, the City of El Segundo received an application
from Chevron Pipeline Company ( "Chevron ") for a franchise to lay and use
pipes and appurtenances for transmitting and distributing oil or petroleum
products for any and all purposes in, under, along, across, or upon the
public streets, ways, alleys and places within the City's jurisdiction
( "Pipeline Franchise "),
B Chevron previously held a Pipeline Franchise (Ordinance No 1246) for
operations with the City that expired on May 12, 2005
SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its
intention to conduct a public hearing on June 20, 2006 at 7 00 p m in the City Council
Chambers at 350 Main Street, El Segundo, to consider all oral and written testimony
regarding the Pipeline Franchise before determining whether to grant a new Pipeline
Franchise to Chevron
SECTION 3 The City Clerk is directed to publish public notice of the public hearing
(including all requirements set forth in Public Utilities Code § 6233) at least one time
within fifteen (15) days after this Resolution is adopted in a newspaper of general
circulation
SECTION 4 This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution
PASSED AND ADOPTED this _ day of
APPROVED A Cyf
Mark D Hen `y,��r
By
Karl H Berger
l
'ry
istant City Attorney
W.
Kelly McDowell, Mayor
0 ,16
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being RESOLUTION NO was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2006, and the same was so passed and
adopted by the following vote
AYES
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
.2006
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
077
ORDINANCE NO.
AN ORDINANCE GRANTING TO CHEVRON USA, INC. AN OIL
PIPELINE FRANCHISE WITHIN THE CITY OF EL SEGUNDO.
The city council of the city of El Segundo does ordain as follows
SECTION 1 The City Council finds and determines as follows
A The city of El Segundo ( "City ") received an application from Chevron
U S A Inc ( "Chevron ") for a franchise to lay and use pipes and
appurtenances for transmitting and distributing oil or products thereof (as
defined below), for any and all purposes in, under, along, across or upon
the public streets, ways, alleys and places within the city of El Segundo
B Chevron had a 10 -year oil pipeline franchise agreement with the City
which expired on May 12, 2005, but which franchise agreement Chevron
maintained in a holdover status by annually submitting payment of
franchise fees calculated pursuant to the terms of such franchise
agreement and the City's acceptance thereof Chevron seeks to be
granted by the City a new franchise agreement for ten (10) years, for the
same pipelines
C In accordance with state law, the City Council, at a regular meeting held
on , declared its intention to grant said franchise agreement to
Chevron by adopting Resolution No
D The City Council also conducted a duly noticed public hearing on
, and after considering all oral and written testimony at said
hearing, approved the granting of this franchise agreement to Chevron in
accordance with the terms and conditions of this Ordinance
SECTION 2 Definitions Unless the contrary is stated or clearly appears from the
context, the following definitions will govern the construction of the words and phrases
used in this chapter
A. "City" or "Grantor" means the city of El Segundo, a general law city and
municipal corporation of the State of California, in Its present incorporated
form or in any later reorganized, consolidated, enlarged or reincorporated
form
B "Director" means the Director of Public Works of the City
C "Engineer" means the City Engineer of the City, or designee
07$
G TrigineeringWranchise Oil Agreement
D "Facilities" means "Pipes and Appurtenances" as defined below
E "Franchise" means this Ordinance, Including its terms and conditions, and
Includes the authorization by the City to transmit and distribute oil or
petroleum products for any and all purposes under, along, across or upon
the public streets, ways, alleys and places in the City by means of pipes
and appurtenances
F "Grantee" means Chevron U S A Inc a Pennsylvania corporation and its
lawful successors or assigns.
G "Hazardous Materials" means any flammable, explosive, or radioactive
materials or hazardous, toxic or dangerous wastes, substances or related
materials or any other chemicals, materials or substances, exposure to
which is prohibited, limited or regulated by any federal, state, local law or
regulation or which, even If not so regulated, may or could pose a hazard
to public health and safety, Including, without limitation, asbestos, PCBs,
petroleum products and byproducts, substances defined or listed as
"hazardous substances" or "toxic substances" or similarly identified in,
pursuant to, or for purposes of, the California Solid Waste Management,
Resource Recovery and Recycling Act (Gov't Code §§ 66700 et seq), the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U S C §§ 9601 et seq ), the Hazardous Materials Transportation
Act (49 U S C §§ 1801 et seq ), the Resource Conservation and
Recovery Act (42 U S C §§ 6901 et seq ), California Health & Safety
Code §§ 25117 or 25316, Including the regulations promulgated thereto
(see 22 Cal Code of Regs § 66261 3), any substances or mixture
regulated under the Toxic Substance Control Act of 1976 (15 U S C. §§
2601 et seq ), any "toxic pollutant" under the Clean Water Act (33 U S C
§§ 1251 et seq ), and any hazardous air pollutant under the Clean Air Act
(42 U S C §§ 7901 et seq )
H "Lay and use' means to lay, construct, erect, install, operate, maintain,
use, repair, replace, or remove
"Oil or petroleum products" means oil, gas, gasoline, petroleum, wet gas,
hydrocarbon substances, nitrogen and other industrial gases, water, waste
water, mud, steam and other liquid substances not more hazardous than
the aforesaid substances
"Pipes and appurtenances" means pipes, pipelines, manholes, valves,
appurtenances and service connections necessary or convenient for the
operation of said pipes or pipelines, including conduits, cathodic protection
devices, wires, cables, other appurtenances and fiber optic
communications systems necessary or convenient for the exercise of the
Grantee's business in, upon, along, across, under or over those streets of
l/ rl 0
G TrigmeermgTranchise Oil Agreement
the City which are described in the attached Exhibit "A" which is
incorporated by reference
K "ESMC" means the El Segundo Municipal Code, as amended
"Streets" means the public streets, ways, alleys and places within the City
as the same now or may hereafter exist, and in which the City has the
authority to grant a Franchise
SECTION 3: Granting clause /Rights to Grantee; Term of Franchise
A Pursuant to, and subject to, the Franchise Act of 1937 (California Public
Utilities Code §§ 6201 -6302, "Act "), City grants to Grantee a franchise to
use, or to lay and use pipes and appurtenances for transmitting and
distributing oil or petroleum products for any and all purposes, under,
along, across or upon the public streets within the City as described in
Exhibit "A" and identified on the maps attached as Exhibit "B" and
incorporated by reference
B As part of this Franchise, Grantee may Install, operate, maintain, replace,
repair, abandon in place and /or remove such scraper traps, manholes,
flanges, conduits, culverts, vaults, valves, appliances, cathodic protection
systems, attachments and other appurtenances (collectively,
"appurtenances ") as may be necessary or convenient for the proper
maintenance and operation of the pipelines under this franchise, provided,
however, that Grantee must first secure the requisite permits and /or
approvals from City for construction or excavation
C, This Franchise is granted in lieu of all other franchises for pipelines held
by the Grantee, or by any predecessor of the Grantee, for transmitting and
distributing oil or petroleum products within the City's present or future
jurisdictional limits Acceptance of this franchise constitutes Grantee's
abandonment of all such franchises within the City's present or future
jurisdictional limits in lieu of which this franchise is granted, and as
Grantee's agreement to comply with all of the Franchise's terms and
conditions
D This Franchise has a term of ten (10) years from and after the effective
date of this Ordinance ( "initial term "), unless the following occurs -
1 Grantee voluntarily surrenders or abandons the Franchise, or
2 The property affected by this Franchise is purchased, condemned,
or otherwise taken by a public entity rendering the Franchise
useless; or
060
G \Engineering \Franchise Oil Agreement
The Grantee forfeits the Franchise by violating its terms and
conditions or that of the Act
E Grantee has an option to extend this Franchise for an additional ten (10)
year period of time before the end of the initial term of this Franchise,
upon the City's written approval, which approval will not be unreasonably
withheld or conditioned The parties must commence good faith
negotiations on such extension upon notification from Grantee to the City
of its election to renew this Franchise, which notice must be given not later
than twelve (12) months before the initial term expires
SECTION 4 Compensation In consideration of City's granting this Franchise, in
addition to complying with the Franchise's terms and conditions, Grantee must pay to
the City the following
A Base Annual Fee
During the term of this Franchise, Grantee agrees to pay the City a
base annual fee for this Franchise as set forth in § 6231 5 of the
Act The base fee is subject to increase to the maximum rate
established in subsequent amendments of the Act The Franchise
fee will be prorated for the remainder of the calendar year based on
a 360 -day year, with the first payment of the Franchise fee accruing
from May 13, 2005
2 Should Grantee partially abandon pipelines or should Grantee
partially remove such pipelines payments otherwise due the City for
occupancy of the streets by such pipelines will be reduced by the
length and diameter of pipeline abandoned or the actual pipeline
removed, beginning with the first day of the next succeeding
Franchise year, and for each subsequent franchise year The base
rate, however, will be modified to reflect the increase (as provided
below) applicable to such abandoned or removed pipeline at the
beginning of the next succeeding Franchise year following
abandonment or removal
3 The base annual fee is due and payable annually on January 2,
during the term of the Franchise for the preceding annual period,
without demand and upon filing of the report required by this
Section Any fees or expenses charged to Grantee by City pursuant
to this Section, or any other provision of this Franchise, unless
disputed in good faith, must be paid when due or are deemed
delinquent Any undisputed delinquent amounts will accrue interest
commencing thirty (30) days after the due date, at the rate of one
and one -half percent (1 5 %) per month (based upon a 30 -day
calendar month) or any lesser amount if required by law Any
081
G \Engineering \Franchise Oil Agreement 4
neglect, omission or refusal by Grantee to pay any undisputed
delinquent fee with any late charges, within thirty (30) days of
written demand for payment is grounds for the City to declare the
Franchise forfeited
4 Payments must be made to the Office of Treasurer, City of El
Segundo, or at such place as the City may, from time to time,
designate in writing The base annual fee must be paid annually
during the term of the Franchise, including the year of granting the
Franchise
B Annual Increase
The amount of each annual payment of the base annual fee is
subject to an increase after the first year of the Franchise and each
subsequent year during the term of this Franchise, based on §
6231 5 of the Act, as amended
2 The increase is based on the Consumer Price Index (CPI), All
Urban Consumers, for the Los Angeles- Anaheim - Riverside area
(1982 -84 = 100), as published by the United States Bureau of
Labor Statistics, Department of Labor, for the month of September
immediately preceding the month in which payment is due and
payable, divided by the Consumer Price Index, All Urban
Consumers, for the Los Angeles- Anaheim - Riverside area, for June
30, 1989, which equals 100 (Note This was revised to reflect what
is in the Cal Public Utilities Code Section 6231 5) If the Index is
discontinued or revised during the term of this Franchise, such
other governmental price index or computation with which it is
replaced chosen by the City will be used in order to obtain
substantially the same result as would be obtained if the Index had
not been discontinued or revised
The City will determine the adjustment in CPI and will provide the
Grantee with the correct schedule before December 1 preceding
the month of January in which payment is due and payable
C Reports Required
The Grantee must file with the City Clerk and City's Finance
Director, on or before January 2nd after the expiration of the
calendar year, or fractional calendar year, following the date of the
granting of this Franchise and on or before January 2nd (Note
These revisions were made to reflect the requirements set forth in
Section 4(A)(3)) after the expiration of each calendar year
thereafter, two copies of a report duly verified by the oath of the
G \EngineeringTranchise Oil Agreement 5 082
Grantee or by the oath of a duly authorized representative of the
Grantee, showing for the immediately preceding franchise period
(a) The length of pipelines in lineal feet covered by this Franchise,
(b) The nominal internal diameter of such pipelines expressed in
inches,
(c) The rate per foot per year, and
(d) The total amount due the City
SECTION 5: Rights of the City.
A This Franchise does not impair or affect any right of the City to acquire the
property of the Grantee, either by purchase or through the exercise of the
right of eminent domain, subject to Grantee's rights, remedies and
defenses, and nothing in this Franchise may be construed to contract
away, or to modify or to abridge, either for a term or in perpetuity, the
City's right of eminent domain in respect to the Grantee, nor will this
Franchise be given any value before any court or other public authority in
any proceeding of any character in excess of the necessary publication
costs and any other sums paid by Grantee to the City at the time this
Franchise was acquired
B In connection with any change in grade, alignment or width of any public
street, way, alley or place ( "the Streets "), or the construction of any
subway or viaduct, or any other street improvement of any kind by the
City, where Grantee's rights to occupy the Streets do not supersede the
City's rights, Grantee must, at the City's direction and at Grantee's sole
cost and expense, comply with all of the following provisions, as
applicable
Within ninety (90) days after Grantee receives written notice from
the City that work is to be done pursuant to any reserved right and
specifying the general nature of the work and the area in which the
same is to be performed, the Grantee must commence to do all
things necessary to protect and support its franchise property
during the progress of such work If so ordered by the City, Grantee
must relocate those pipes and appurtenances installed, used and
maintained within the street to such extent, in such manner, and for
such period as is necessary to permit the performance of such work
in an economical manner, and to permit the maintenance, operation
and use of such street improvement
G %EngineernngTranchise Oil Agreement 6 083
Grantee must pay to the City the full amount of any increase in cost
for the construction, installation or repair of any bridge, or any
artificial support in or underlying any street in which any pipes or
appurtenances of the Grantee are located, if such increase in cost
is required in order to provide for the installation, maintenance or
operation of Grantee's pipes or appurtenances in or on the street
area which the bridge or other artificial support covers or underlies.
3 Grantee must cooperate with the City to take all actions reasonably
necessary in order to accomplish the completion of any City street
improvement protect within a reasonable period of time After
Grantee receives written notice from the City that work is to be
done, the Grantee must diligently prosecute such work to
completion
4 In the decision process necessary to determine if Grantee's
pipelines and /or appurtenances are required to be relocated, the
City will also consider all known future projects that, if done
separately, may cause multiple relocation of the pipelines and /or
appurtenances If such known future protects can be identified, full
consideration of concurrent projects will be given by City If the City
requires the relocation within the public street, way, alley or place
more than once within a period of ten (10) years, the City will pay
the cost of the second and all subsequent relocations within such
ten (10) year period
5. In the event that the City changes the planned rearrangement of
pipelines, or the notice given to Grantee, the Grantee will be given
an additional period of not less than sixty (60) days to accomplish
such work When Grantee's rights to occupy the Streets predate or
supersede the City's rights, such relocations will be performed by
Grantee as set forth above with the costs reimbursed to Grantee by
City
6 Except as otherwise provided above, when City requires a
rearrangement of Grantee's facilities and such rearrangement is
done for the accommodation of any person, firm, corporation or
public agency other than the City, the cost of such rearrangement
will be borne by the accommodated party Such accommodated
party, in advance of such rearrangement, must (a) deposit with the
Grantee either cash or a corporate surety bond in an amount, as in
the reasonable discretion of the Grantee, to pay the costs of such
rearrangement, and (b) execute an instrument agreeing to
indemnify, defend and hold harmless Grantee from any and all
damages or claims caused by such rearrangement This provision
will not be construed to require Grantee to rearrange its facilities
G \Engineering \Franchise Oil Agreement 7 0 8 [f
Any accommodation for rearrangement of Grantee's facilities will be
made at the Grantee's sole discretion
7 Nothing in this Agreement may be construed to require the City to
move, alter, or relocate any of its pipelines upon public streets at its
own expense, for the convenience, accommodation or necessity of
any other public utility, person, firm or corporation, now or hereafter
owning a public utility system of any type or nature, or to move,
alter, or relocate any part of its pipelines upon said streets for the
convenience, accommodation or necessity of the Grantee
SECTION 6 Other obligations of Grantee; Indemnification. The Grantee must
comply with all of the following provisions
A. Within sixty (60) days after the City Council adopts this Ordinance,
Grantee must file with the Director improvement plans relating to all of
Grantee's facilities located within the City, and a map or maps showing the
location, length and size of all such facilities which have been installed,
relocated, removed or abandoned by Grantee
B Within six (6) months after the installation of any new pipelines under this
franchise, Grantee must file with the Director an "as built" map or maps
showing the approximate location, length and size of all of Grantee's
pipelines so installed.
C Grantee must construct, install and maintain all pipes and appurtenances
in a good and workmanlike manner, and of good materials, and operate in
conformity with all applicable federal, state, and local laws including,
without limitation, the El Segundo Municipal Code (ESMC) In case of
public utilities subject to the jurisdiction of the Public Utilities Commission
of the State of California, the rules, regulations and orders of the Public
Utilities Commission will govern whenever any conflict may exist between
them and the applicable ordinances, codes, rules and regulations adopted
or prescribed by the City To the extent required by applicable law, the
Grantee must obtain and maintain a permit from the City of El Segundo
Fire Department to construct, install, use, operate, repair or modify a
pipeline for the transportation of flammable or combustible liquids
D Grantee must pay the City, on demand, the cost of all repairs to public
property made necessary by any operations of the Grantee under this
Franchise, provided Grantee fails to make such repairs after notice and
reasonable opportunity to complete such repairs.
E Grantee agrees to indemnify, defend and hold harmless the City, its
elected and appointed officials, officers, and employees, from and against
any and all claims, losses, liabilities, damages to persons or property,
G TrigmeeringTranchise Oil Agreement 8 085
demands, actions, judgments, causes of action, assessments, penalties,
costs and expenses (including, without limitation, reasonable fees of legal
counsel, expert witnesses and accountants) arising out of or resulting from
Grantee's operations under this franchise, except to the extent caused by
City's sole active negligence, and for all damages proximately resulting
from the failure of Grantee to faithfully observe and perform each and
every provision of this franchise and of the Act Grantee is solely
responsible for complying with all laws, regulations, and other orders
which are applicable to the installation, repair, relocation or removal of its
facilities, whether federal, state or local City's approval of such
installation, repair, relocation or removal will not relieve Grantee of any
liability Grantee may have for contaminated sods or other environmental
liability attributable to or arising from Grantee's pipes, appurtenances and
other facilities Any fee paid by Grantee pursuant to this Agreement will in
no way limit Grantee's obligation to compensate City for any damage,
claim, expense or loss whatsoever, as set forth in this paragraph
F In addition, Grantee indemnifies and holds the City harmless from and
against any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, arising out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from Grantee's removal, remediation,
response or other plan concerning any Hazardous Materials resulting in
the release of any hazardous substance into the environment Should the
City be named in any suit, or should any claim be brought against it by suit
or otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, Grantee will defend the City (at the City's
request and with counsel satisfactory to the City) and will indemnify the
City for any judgment rendered against it or any sums paid out in
settlement or otherwise
The foregoing indemnity is intended to operate as an agreement
pursuant to 42 USC § 9607(e) (the Comprehensive Environmental
Response, Compensation and Liability Act, "CERCLA ") and Health
& Safety Code § 25364 to defend, protect, hold harmless, and
indemnify the City from all forms of liability under CERCLA, or other
applicable law, for any and all matters addressed in this Franchise
G In no event will Grantee's indemnity obligation under this Franchise
include indemnification for the City's gross negligence or willful misconduct
SECTION 7. INSURANCE.
A Before commencing performance under this Franchise, and at all other
times this Agreement is effective, Grantee must procure and maintain the
following types of insurance with coverage limits complying, at a minimum,
G \EngineeringTranchise Oil Agreement 9 0 8 U
with the limits set forth below
Type of Insurance
Commercial general liability:
Workers compensation
Limits (combined single)
$2,000,000
Statutory requirement
B Commercial general liability insurance must meet or exceed the
requirements of ISO -CGL Form No CG 00 01 11 85 or 88 The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage Liability policies will be endorsed to name the City, its officials,
and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by CITY will be excess thereto Such
insurance must be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City
C Grantee will furnish to the City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance
or copies of policies as may be reasonably required by the City from time
to time Insurance must be placed with admitted insurers with a current
AM Best Company Rating equivalent to at least a Rating of "A VII "
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage Grantee will require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation imposes no obligation, and
to delete the word "endeavor" with regard to any notice provisions
D Should Grantee, for any reason, fad to obtain and maintain the insurance
required by this Agreement, the City may obtain such coverage at
Grantee's expense or terminate this Franchise
E Grantee must deliver to City, in the manner provided for notices, copies or
endorsements of all insurance certificates and endorsements required by
this Ordinance, within the following time limits
For insurance required at commencement of this Ordinance, within
thirty (30) days after this Ordinance becomes effective,
2 For insurance becoming required at a later date, at least ten (10)
days before the requirement becomes effective, or as soon
thereafter the requirement, if new, becomes effective, and
G \EngmeenngTranchise Oil Agreement 10 0 8 7
For any renewal or replacement of a policy already in existence, at
least twenty (20) days after expiration or other termination of the
existing policy
B Notwithstanding anything to the contrary, Grantee may provide a program
of self - insurance provided it can demonstrate that it had a net worth of
$10,000,000 00 within the preceding year The City, at its sole discretion,
may allow Grantee to self - insure provided the self - insurance program
complies with the provisions and specified limits contained herein, and is
approved by the City Manager and City Attorney If such approval for self -
insurance is granted, the City will be precluded from exercising the
remedies afforded to it pursuant to subsection D of this Section 7
SECTION 8 PRESENCE OF HAZARDOUS MATERIALS: Except as otherwise
provided below, Grantee may not or permit any Hazardous Materials to be discharged
or released in, under, or about the streets or adjacent properties at any time Grantee
must, at its expense, procure, maintain in effect and comply with all conditions of any
and all applicable permits, licenses, and other governmental and regulatory approvals
required of Grantee for Grantee's use of the streets or adjacent properties, Upon
expiration or earlier termination of the franchise term, Grantee must cause all
Hazardous Materials released by Grantee in or under the Streets or adjacent properties,
if any, to be removed from the streets or adjacent properties in accordance with and in
compliance with all applicable laws Grantee may not take any remedial action in
response to the presence of any Hazardous Materials in or about the streets or adjacent
properties, nor enter into any settlement agreement, consent decree or other
compromise in respect to any claims relating to any Hazardous Materials in any way
connected with the streets or adjacent properties, without first notifying City of Grantee's
intention to do so and affording City ample opportunity to appear, intervene or otherwise
appropriately assess and protect City's interests
SECTION 9 NOTICE TO GRANTOR Grantee must immediately notify City in writing
of (i) any enforcement, cleanup, removal or other governmental or regulatory action
instituted, completed or threatened pursuant to any applicable laws relative to the
streets or adjacent properties, (ii) any claim made or threatened by any person against
Grantee or the streets or adjacent properties relating to damage, contribution, cost
recovery compensation, loss or injury resulting from or claimed to result from any
Hazardous Materials, and (iii) any reports made to any governmental agency arising out
of or in connection with any Hazardous Materials in or removed from the streets or
adjacent properties, including any complaints, warnings or asserted violations in
connection therewith Grantee must also supply to City as promptly as possible copies
of all claims, reports, complaints, notices, warnings or asserted violations, relating in
any way to the streets or adjacent properties, or Grantee's use of the streets Grantee
must promptly deliver to City copies of manifests reflecting the legal and proper disposal
of all Hazardous Materials removed by the Grantee from the streets or adjacent
properties
G \Engineenng \Franchise Oil Agreement 11 088
SECTION 10 Assignability Grantee may sell, transfer or assign this Franchise
or any interest therein directly or indirectly, or any of the rights or privileges hereby
granted, with the City's prior written consent, which will not be unreasonably withheld,
Notwithstanding the above statement, Grantee may transfer or assign this Franchise to
any parent, subsidiary or affiliate without obtaining the consent of City, provided
Grantee provides written notification within thirty (30) days of said transfer or
assignment and submits written evidence of the same, including a certification executed
by a duly authorized officer of the Grantee Upon compliance with the foregoing, this
Franchise will be binding on the successors and assigns of the parties hereto, and inure
to the benefit of the successors and assigns of the parties hereto
SECTION 11: Excavations.
A Grantee must obtain an excavation permit in accordance with the ESMC,
and pay the applicable fee therefor, before commencing any excavation in
any street or public right of way, or before disturbing the earth beneath the
surface of the street, except in the case of an emergency Before any
excavation permit is issued for the construction or installation of a pipeline
for the transmission of flammable or combustible liquids, gases or
hazardous materials, Grantee must obtain the applicable permits from the
City If the proposed location of the excavation does not, or will not,
unreasonably interfere with the use of the streets by the City or if Grantee
holds rights to occupy the area of the Streets which supersede the City's
rights, and Grantee complies with all applicable laws, the Public Works
Director will issue the appropriate permit(s)
B Where it is necessary to lay any underground pipes through, under or
across any portion of a paved or macadamized street, such work, where
deemed by Grantee in its sole discretion to be a safe method of
installation, as well as practicable and economically feasible, may be done
by a tunnel or bore so as not to disturb the foundation of such paved or
macadamized street If the same cannot be done, or if it is necessary to
cut the street in order to access existing pipes and appurtenances, such
work will be done pursuant to an excavation permit
C All work is subject to the City's inspection All street coverings or
openings, valves, vaults and manholes must at all times be kept flush with
the surface of the streets, provided, however, that vents for underground
vaults and manholes as well as cathodic protection devices, including
pole- mounted rectifiers may, subject to the City's prior approval, extend
above the surface of the streets when such vents and cathodic protection
devices, including pole- mounted rectifiers, are located in parkways,
between the curb and the property line The Grantee must provide
adequate traffic safety barriers, signs, devices and traffic safety warning
equipment in accordance with the ESMC and comply with such additional
G \Engmeenng \Franchise Od Agreement 12 089
safety measures as the City may direct
D In emergencies, Grantee may commence excavation of streets without
prior permit, provided, however, Grantee acts in a reasonable and diligent
manner as soon as practicable after the onset of said emergency to obtain
a permit authorizing such work
E Grantee acknowledges that the City's records may not be complete and
that pipes and appurtenances previously unknown to City are frequently
discovered Consequently, by granting this franchise or by approving any
excavation permit requested by Grantee, the City does not warrant the
accuracy of information supplied to the Grantee by the City regarding the
location or existence of other facilities Nothing herein will make the City,
or any officer, agent or employee of the City, responsible or liable to the
Grantee or to any other person by virtue of the City's approval of
excavation permit plans, regardless of whether any information is supplied
by the City to the Grantee pertaining to the location of existing pipes,
facilities or other improvements on, in or under any street or other public
property
SECTION 12: Grantee's Emergency Response Plan; Pipeline Accidents
A The Grantee must develop and maintain an emergency response plan,
reasonably satisfactory to the City, which covers all franchise operations
within the City In general, an emergency response plan meeting the
requirements of Federal and State law and containing the information
contained in this section is acceptable The emergency response plan
must include a 24 -hour notification program and proof of arrangements
capable of providing emergency response services, including without
limitation to traffic control, street excavation pipeline repair, and supplies
and services as necessary, within two (2) hours of notification of any
problem, and such other information as the City may reasonably require
Repairs to a public street, alley or parkway must be completed within 72
hours of Grantee completing repairs to its facilities and clean up of any
materials released from its facilities, if reasonably possible, unless
otherwise authorized by the City The City must be notified ten (10) days
in advance of any proposed change in such arrangements Any changes
in or revisions to Grantee's emergency response plan must be submitted
to the City on the first working day of the subsequent calendar year
B Whenever any pipeline or appurtenance breaks or leaks so as to cause
the release of oil or petroleum products into or under the public right -of-
way, Grantee, and any other person using or controlling the pipeline or
appurtenance, must immediately notify the City's Police Department and
Public Works Department and implement precautionary safety measures
including traffic control, system shutdown, valve closures, and public
G \EngmeenngTranchise Qd Agreement 13 ,i 9 O
notification. In the event of an emergency which threatens life, health,
safety, or property, and where it is not possible to obtain an excavation
permit before commencing the work, the Grantee may commence such
work, provided, however, that within seventy -two (72) hours thereafter the
Grantee must apply for an excavation permit Adequate traffic safety
barriers must be maintained at all times, and any damaged portion of the
street must be restored to at least the condition that existed immediately
before the damage
C If any portion of any City street is damaged by reason of defects, breaks
or leaks in any of the pipes and appurtenances maintained or constructed
by Grantee, or by reason of any other cause attributable to or arising from
the operation of any pipes and appurtenances constructed or maintained
by Grantee, the Grantee must, at its sole cost and expense, immediately
repair all damage and restore the street to the condition existing before
such damage occurred All such work must be done under the City's
direction, and to the City's reasonable satisfaction Grantee must repair
such damage and restore the street within three (3) working days after
receiving a written demand from the City or such other reasonable period
as the Director may authorize when required for the protection of the
public health and safety
D Should Grantee, after reasonable notice, fail or refuse to pave, surface,
grade, repave, resurface or regrade any damaged street as required by
the provisions of this franchise, the City may cause the work to be done
after written notice is given to Grantee and will keep an itemized account
of all costs incurred The Grantee agrees to, and must, reimburse the City
for all such costs, including reasonable administrative overhead expenses,
within thirty (30) days after presentation to Grantee of an itemized account
of such costs
SECTION 13 Abandonment Should Grantee abandon all or any part of the
pipes and appurtenances which encompass this Franchise, such abandonment must be
accomplished by Grantee as required by the State of California Pipeline Safety Act, or
other governing State or Federal laws or statutes Grantee will not owe the City any
compensation for the privilege of said abandonment The ownership of all franchised
property so abandoned in place, immediately vest in the City except that Grantee will
retain all liability for the installation or construction of those facilities, and any liability for
Hazardous Materials, as those liabilities exist as of the date of the Abandonment
SECTION 14: Default.
A Effect of Default Should Grantee default in the performance of any of the
terms, covenants and conditions herein, and such default is curable, the
City may give written notice to Grantee of such default Should Grantee
not commence the work necessary to cure such default within sixty (60)
0
G \Engmeenng \Franchise Oil Agreement 14
i
days after such notice is received by Grantee, or prosecute such work
diligently to completion, the City may declare this Franchise forfeited
Upon giving written notice of forfeiture to Grantee, this Franchise will
terminate and Grantee's rights will terminate. Should the Franchise be
forfeited, Grantee must execute an instrument of surrender and deliver
same to City In the event of noncompliance by the Grantee with any of
these conditions, the City may, in addition to all other remedies, bring suit
for the forfeiture or termination of this Franchise
8 Force Maleure Should Grantee's performance of this Franchise be
prevented due to fire, flood, explosion, war, embargo, government action,
civil or military authority, the natural elements, or other similar causes
beyond Grantee's control, then Grantee will not be deemed to be in
default or forfeit its Franchise rights if it commences and prosecutes
performance with all due diligence and promptness upon being able to do
so
C Cumulative Remedies No provision of this Franchise for enforcing the
terms and conditions of this Franchise is an exclusive remedy or
procedure for enforcement These remedies and procedures are in
addition to those provided by law and are cumulative
SECTION 15 Dispute Resolution. If a dispute arises between the parties
relating to this Franchise, the parties agree to use the following procedure before either
party pursuing other available legal remedies, except when doing so would cause the
expiration of an applicable statute of limitations A meeting will be held promptly
between the parties, attended by individuals with decision - making authority regarding
the dispute, to attempt in good faith to negotiate a resolution of the dispute If, within
thirty (30) days after such meeting the parties have not succeeded in negotiating a
resolution of the dispute, they agree to submit the dispute to mediation City and
Grantee will equally advance a proportionate share of the costs of mediation The
parties will jointly appoint a mutually acceptable mediator within thirty (30) days from the
conclusion of the negotiation period, The parties agree to participate in good faith in the
mediation and related negotiations for a period of sixty (60) days Any decision of the
mediator must be supported by written findings of facts and conclusions of law. If the
parties are not successful in resolving the dispute through the mediation, the matter
may be submitted to a court of law
SECTION 16: Notice.
Any notice required to be given under the terms of this Franchise, the manner of
services of which is not specifically provided for here, may be served to the
following identified addresses, or to such other address as may from time to time
be furnished in writing by one party to the other, and by depositing said notice in
the United States mad, postage prepaid When the services of any such notice is
G \EngmeermgTranchise Oil Agreement 15 I " <
made by mad, the time such notice will begin with and run from, is the date of
deposit of the same in the United States mad
Upon City City of El Segundo
Public Works Department
Attn Director of Public Works
350 Main Street
El Segundo, CA
Upon Grantee Chevron USA Inc
c/o Chevron Pipe Line Company
16301 Trojan Way
La Mirada, CA 90638
Fax (714) 228 -1524
Attn Team Leader)
SECTION 17 Grantee's Acceptance of Franchise. Except as otherwise stated
herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the
officers of the City designated herein the following instruments or documents
A File with the City Clerk Grantee's written acceptance of the terms and
conditions of this ordinance
B File with the City Clerk certified copies of the policies of liability insurance
and workers' compensation insurance, or, in lieu thereof, certificates
evidencing such insurance, which policies must be in accordance with the
terms and conditions of this ordinance Notwithstanding anything to the
contrary, Grantee may provide a program of self - insurance provided it can
demonstrate that it had a net worth of $10 million within the preceding
year. The City, at its sole discretion, may allow Grantee to self - insure
provided the self - insurance program complies with the provision and
specified limits contained herein, and is approved by the City
Administrator and City Attorney
C File with the City Clerk, within ten (10) business days after the City Council
adopts and passes the ordinance granting this franchise and thereafter at
all times during the life of the Franchise keep on file with the City Clerk, a
bond issued by an admitted surety insurer, and in a form approved by the
City Attorney, in the penal sum of One Hundred Thousand Dollars
($100,000), conditioned that the Grantee will well and truly observe, fulfill,
and perform each condition of the Franchise and that in case of any
breach of condition of the bond, the whole amount of the penal sum
G \EngineeringTranchise Oil Agreement 16 �) 9
therein specified will be recoverable from the principal and surety upon
said bond If said bond is not filed, or if it does not receive the approval of
the City Attorney, the Franchise may be revoked or forfeited and any
money paid to the City in connection therewith will be retained by the City
SECTION 18 Reimbursement for City's posting and publication expenses.
The Grantee will pay the City a sum of money sufficient to reimburse the City for all
posting and publication expenses incurred in connection with the granting of this
Franchise, Such payment must be made by Grantee within thirty (30) days after the City
provides to the Grantee a written statement of such expenses,
SECTION 19 Venue The Parties agree that all actions or proceedings arising in
connection with the ordinance will be tried and litigated in the State courts located in the
County of Los Angeles, State of California The Parties intend that this choice of venue
be mandatory and not permissive in nature, thereby precluding the possibility of
litigation between the parties with respect to or arising out of this Ordinance in any
jurisdiction other than that specified in this Section Each party waives any right it may
have to assert the doctrine of forum non conveniens or similar doctrine or to object to
venue with respect to any proceeding brought in accordance with this Section, and
stipulates that the State courts located in the County of Los Angeles, State of California
have In person jurisdiction and venue over each of them for the purpose of litigating any
dispute, controversy, or proceeding arising out of or related to this Agreement
SECTION 20 No Waiver. Grantee is not excused from complying with any of the
terms and conditions of this Ordinance by any failure of the City upon any one (1) or
more occasions to insist upon or to seek compliance with any such terms or conditions
No City waiver of any provision or consent to any action constitutes a waiver of any
other provision or consent to any other action, whether or not similar No waiver or
consent constitutes a continuing waiver or consent or commit a party to provide a
waiver in the future except to the extent specifically set forth in writing Any waiver
given by a party will be null and void if the party requesting such waiver has not
provided full and complete disclosure of all material facts relevant to the waiver
requested
SECTION 21 Binding Effect. Each and all of the provisions hereof are binding
on and inure to the benefit of the Parties and their respective heirs, successors, and
permitted transferees and assigns
SECTION 22 Amendment. No amendment, modification, or supplement to this
ordinance is binding on any of the parties unless it is in writing, signed by the parties,
and approved through legislative action
SECTION 23- Entire Agreement. This ordinance constitutes the entire
agreement between the parties with regard to this subject matter This ordinance
supersedes all previous agreements between or among the parties There are no
agreements, representations, or warranties between or among the parties other than
OJ4
G \EngineeringTranchise Oil Agreement 17
those set forth in this Agreement or the documents and agreements referred to in this
agreement
SECTION 24 Construction. Each party has been represented by counsel in the
negotiation and execution of this ordinance The terms of this ordinance were
negotiated by the Parties and the language used in this Franchise is deemed to be the
language chosen by the Parties to express their mutual intent This Franchise will be
construed without regard to any presumption or rule requiring construction against the
party causing such instrument or any portion thereof to be drafted, or in the favor of the
party receiving a particular benefit under this Agreement. No rule or strict construction
will be applied against any Person.
SECTION 25: Miscellaneous Provisions.
A Captions The captions here are for convenience and reference only, and
are not part of this Franchise, and do not in any way limit, define or amplify
the terms and provisions hereof
B Governing Law This Franchise has been made and will be construed and
interpreted In accordance with the laws of the State of California,
C Execution The Mayor of the City will approve and sign and the City Clerk
will attest to the passage of this Ordinance This Ordinance will take effect
thirty (30) days from the date of its adoption Once this Ordinance
becomes effective, it will be deemed to be applicable as of May 13, 2005
SECTION 26 Repeal of any provision of the El Segundo Municipal Code will not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date
Any such repealed part will remain in full force and effect for sustaining action of
prosecuting violations occurring before the effective date of this Ordinance
SECTION 27 Severability. 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 28 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 29 This Ordinance becomes effective thirty (30) days after adoption
PASSED AND ADOPTED this _ day of 12005
G 1EngineenngWranchise Oil Agreement 18 095
Kelly McDowell, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
Karl H Berger, Assistant City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being RESOLUTION NO was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2005, and the same was so passed and
adopted by the following vote
AYES
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2005
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
G \EngmeenngTranchise Oil Agreement 19 096
Location of pipeline in the City particularly described as follows:
BEGINNING at a point in the South line of E1 Segundo
Boulevard 20.00 feet easterly of the center line of whiting
Street; THENCE northerly across E1 Segundo Boulevard to a point
7.00 feet South of the center line of E1 Segundo Boulevard;
THENCE easterly parallel to the center line of El Segundo
Boulevard to a point 12.50 feet westerly of the center line of
Virginia Street; THENCE northerly parallel to the center line of
Virginia Street and its extension to a point in Imperial Avenue
lying 16.00 feet South of the center line of Imperial Avenue;
THENCE easterly parallel to the center line of Imperial Avenue
to a point 150.00 feet easterly of the center line of Virginia
Street; THENCE northerly parallel to the center line of Virginia
Street to the North City boundary.
This Franchise is hereby granted to Grantee, and its lawful
successors and assigns subject to the terms of this Franchise.
This Franchise shall include the right, for the period and
subject to the terms of this Agreement, to so maintain, operate,
repair, and renew the pipeline system of Grantee authorized
hereunder as already laid and constructed in said Streets, if
any.
Exhibit "A"
097
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION-
Consideration and possible action regarding approval of a Resolution of the City Council
authorizing the City Manager, or designee to authorize the County of Los Angeles to act on its
behalf and apply for, receive, and appropriate grant funds from the California Integrated Waste
Management Board for the 12th Cycle Used Oil Block Grant (Fiscal Impact = None)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adoption of Resolution; (2) Authorize the Mayor to sign the resolution,
and/or (3) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION:
The California Integrated Waste Management Board, Used Oil Recycling Program develops
and promotes alternatives to the illegal disposal of used oil Through a Used Oil Recycling
Block Grant, funding is available to cities and counties to support certified used oil collection
sites and provide outreach to increase awareness of used oil recycling
A jurisdiction is only eligible for the grant if a used oil collection site is established within its
boundaries Collection sites can range from a service garage, to an automobile parts retailer,
to a service station with facilities to accept and store used oil Furthermore, it is ideal and
convenient for residents if the collection center is open on weekends
(Please see 'Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS:
1 Resolution
2. County of Los Angeles, Household Hazardous Waste Collection Event Schedule
FISCAL IMPACT:
Operating Budget:
NA
Amount Requested,
NA
Account Number:
NA
Project Phase:
NA
Appropriation Required:
None
ORIGINATED BY- DATE:
Steve inton, Director of Public Works
■r!
09 8
BACKGROUND & DISCUSSION: (continued
For several years, a service station in El Segundo was certified as a used oil collection site and
the City received $5,000 annually in Used Oil Block Grant funding. The funds were utilized to
reimburse the service station for costs associated with storing and disposing of used oil
Additionally, the funds were used for outreach efforts associated with used oil recycling The
station had a garage and was able to accept used oil from residents, particularly on weekends
In 2003, the station eliminated the garage's weekend hours and terminated status as a
certified collection center Staff attempted to establish a new collection site with no success
The City's unique demographics coupled with the grant requirements made it difficult to
establish a new site within city limits As a result, the City is no longer eligible for the Grant
Fortunately, residents have several other regional options for recycling used oil 1) Los
Angeles County, household hazardous waste collections events in El Segundo and
neighboring cities, 2) collection sites in neighboring cities, and 3) the City of Los Angeles
household hazardous waste collection center at Hyperion The collection center at Hyperion is
temporarily closed and will reopen when construction of the permanent facility is completed on
August 19, 2006
The County of Los Angeles is the Regional Lead for Used Oil Block Grants in Southern
California Through a regional program, the County sponsors household hazardous waste
collections events, promotes used oil recycling, and supports partnerships with certified
collection centers The State recommends the City of El Segundo become a regional
participant since the City is no longer able to participate at a local level The City can
authorize the County to act on its behalf and use the funding for regional activities
Additionally, regional participation enables the City to comply with storm water pollution
prevention programs
Staff recommends adopting the Resolution and authorizing the County of Los Angeles to act
on behalf of the City of El Segundo to execute all documents necessary to secure grant funds
for the 12th Cycle Used Oil Block Grant
099
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR
DESIGNEE TO AUTHORIZE THE COUNTY OF LOS ANGELES TO
ACT ON ITS BEHALF AND APPLY FOR, RECEIVE, AND
APPROPRIATE GRANT FUNDS FROM THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD
The City Council of the city of El Segundo does resolve as follows
SECTION 1: The City Council finds and declares as follows
A The State of California has enacted the California Oil Recycling Enhancement Act that
provides funds to cities and counties for establishing and maintaining local used oil
collection programs that encourage recycling and appropriate disposal of used oil;
B The California Integrated Waste Management Board has the responsibility for implementing
and administering the Act,
C Pursuant to Public Resources Code § 1458 1 (a)(4)(E), the City must submit a funding
request form to the Department within ninety days after May 16, 2006
SECTION 2: The City Manager, or designee, can authorize the County of Los Angeles, Department
of Public Works to submit to the California Integrated Waste Management Board a regional participant
application for the Used Oil Recycling Block Grant on its behalf
SECTION 3: The City Manager, or designee, is authorized to execute any required documents
to secure the funding for the purposes identified in the Resolution
SECTION 4 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2006
Kelly McDowell
Mayor
100
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 day of 2006, 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 F-
Mark D Hensle � to
M
Kai1 H Berger
Assistant City At
101
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE- May 16, 2006
AGENDA HEADING: Consent
Consideration and possible action regarding approval of a Resolution authorizing submittal of
a Fiscal Year 2006 -2007 application to the California Department of Conservation for a grant
authorized under the California Beverage Container Recycling and Litter Reduction Act
(Fiscal Impact = $5,000 in grant fund revenue)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Adoption of Resolution, (2) Authorize the Mayor to sign the resolution,
and /or (3) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION-
The Department of Conservation is distributing $10.5 million to eligible cities and counties for
beverage container recycling and litter cleanup activities The City of El Segundo has applied
for and received this grant since 2003. To date, the funding has been used to establish
classroom recycling at the elementary schools and high school, purchase recycled plastic
lumber benches, tables and recycling containers in Recreation Park, Holly /Kansas Park,
Clutters Park and Library Park, and provide technical assistance and outreach to increase
awareness of waste reduction and recycling
Fiscal Year 2006 -2007 funding will be utilized to continue these activities and establish
classroom recycling at the middle school Staff recommends approval of the accompanying
Resolution authorizing the submittal of the grant, designating the City Manager as the
authorized contact person, and amending or supplementing the City's Budget for Fiscal Years
2005 -2006 and 2006 -2007 to appropriate the monies
ATTACHED SUPPORTING DOCUMENTS:
1 Resolution for the Beverage Container Recycling Grant
FISCAL IMPACT: $5,000 in grant fund revenue
Operating Budget: $0.00
Amount Requested: $000
Account Number: 001 - 400 - 4206 -6238
Project Phase. None
Appropriation Required: Yes
ORIGINATED BY-
Steve Fenton, Director of Public Works
DATE
91
10 ?
RESOLUTION NO. _
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR
DESIGNEE TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT
FUNDS FROM THE CALIFORNIA DEPARTMENT OF
CONSERVATION PURSUANT TO THE CALIFORNIA BEVERAGE
CONTAINER RECYCLING AND LITTER REDUCTION ACT.
The City Council of the city of El Segundo does resolve as follows
SECTION 1: The City Council finds and declares as follows
A The California Beverage Container Recycling and Liter Act ( "Act") that provides funds
to cities and counties for beverage container recycling and littler cleanup activities,
B The California Department of Conservation's Division of Recycling ( "Department ") has
the responsibility for implementing and administering the Act,
C Pursuant to Public Resources Code § 14581(a)(4)(E), the City must submit a funding
request form to the Department within ninety days after May 16, 2006
SECTION 2: The City Manager, or designee, is authorized to apply for funding from the
Department under the Act for beverage container recycling and little cleanup activities
SECTION 3: The City Manager, or designee, is authorized to execute any required documents
to receive the funding for the purposes identified in the Resolution
SECTION 4: The City Manager or designee is authorized to accept and spend the grant monies
identified in this Resolution for the purposes stated above
SECTION 5: The City Council amends or supplements the City's Budget for Fiscal Years
2005 -2006 and 2006 -2007 and to appropriate the monies identified by this Resolution to pay for
activities proposed by the City in support of funding request form The City Manager, or
designee, is authorized to implement the purpose of this section
SECTION 6: This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this _ day of 2006
Kelly McDowell
Mayor
103
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 day of 2006, and the same was so passed and
adopted by the following roll call vote
AYES
NOES
ABSENT
ABSTAIN
ATTEST
Cindy Mortesen,
City Clerk
7
APPROVED ASoT,i O EfS
Mark D ;Hensle rt ttorny B Y Berger
Assistant City Att94
104
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: May 16, 2006
AGENDAHEADING: Consent Agenda
Consideration and possible action regarding approval of Issuance of blanket purchase order
for FY05 -06 in excess of $10,000 for Jazzy Gym to provide on -site youth gymnastics services.
(Fiscal Impact. $18,000)
COUNCIL ACTION:
1. Authorize the City Manager to approve Issuance of a blanket purchase order for $18,000 to
Jazzy Gym for on -site youth gymnastics Instruction.
2 Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Effective FY 2003 -2004 contract instructor agreements were standardized with a 70 0/6!30%
ratio determined by the actual enrollment fees received. Seventy percent is allocated for the
instructor payment with the 30% balance going to the City
The Recreation and Parks Department has not offered youth gymnastic classes for several
years due to unavailability of qualified Instructors This year, however, staff was able to find a
vendor qualified to provide these services and a Professional Service Agreement was
processed. Initially, staff did not request this vendor to be included in the request for approval
for vendors over $10,000 because the potential popularity of this class was not known
However, after only two sessions, and with our busiest summer season approaching, staff
feels enrollment in this class now justifies this request as this vendor will continue to provide
year -round program instruction within the Recreation Division, and If enrollment continues as
anticipated, this vendor will exceed the $10,000 mark next session. (Payments reflect 70% of
actual amounts paid by enrolled class participants )
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: $234,600
Amount Requested: $18,000
Account Number: 001 - 400 -5209 -6214
Project Phase: NA
Appropriation Required: _Yes X No
ORIGINATED BY: DATE: ,51,5101,
Bill Crowe, Assistant Citv Mana er
REVIEWED LManager
DATE: S I' 16
Jeff rt, City
14
105
EL SEGUNDO CITY COUNCIL MEETING DATE' May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of $93,750 In grant funding from
the U S Department of Homeland Security, Federal Emergency Management Agency (FEMA)
and the Hazard Mitigation Grant Program, Project #1585- 11 -04, OES ID #037 -22412
Approved cost projections under the grant include reimbursement for personnel time,
consulting1contractor, advertising (public notice) and legal review Fiscal Impact $93,750
RECOMMENDED COUNCIL ACTION.
1) Authorize the acceptance of $93,750 in grant funds from the FEMA Hazard Mitigation
Grant program, 2) Authorize the City Manager or designee to sign and execute all grant related
documents, agreements, etc , 3) Alternatively, discuss and take other action related to this
item
BACKGROUND & DISCUSSION.
The City of El Segundo is eligible to submit a grant under the Stafford Act and Hazard
Mitigation Grant program The purpose of the grant is to reduce or eliminate the impacts of
future disasters Under the grant, the City of El Segundo will develop a comprehensive plan,
called a Local Hazard Mitigation Plan (LHMP)
In February 2004, the Emergency Services Coordinator audited the eight city departments and
identified $125,000 in personnel costs related to the LHMP plan development, including legal
review, and hiring of a contractor to assist with plan development It Is estimated that 4,000
hours of staff time will be required to complete the LHMP The grant will reimburse the City of
Continued next page
ATTACHED SUPPORTING DOCUMENTS:
Grant Project Proposed Work Schedule
FISCAL IMPACT-
Operating Budget: None
Amount Requested: $93,750
Account Number: 001 - 300 - 0000 -3735 (Revenue) $93,750
121- 400 -0000 -6201 (Expenditure – Advertising) $2,000
121 -400- 0000 -6206 (Expenditure – Consulting /Contractor) $40,000
121 - 400 - 0000 -4101 (Expenditure – Personnel) $41,750
121 - 400 - 0000 -6214 (Expenditure – Legal Review) $10,000
Project Phase, N/A
Appropriation Required, X Yes —No
ORIGINATED:
In�enm irel� Chief
T
DATE* 05/08/06
DATE: s
is
106
BACKGROUND & DISCUSSION (continued):
El Segundo's personnel costs to develop the plan
The Local Hazard Mitigation Plan is required under the Disaster Mitigation Act of 2000 (DMA
2000) Under Section 322 of Stafford Act, local government agencies requesting future grant
funding for mitigation projects must complete a comprehensive plan and have it approved by
FEMA to be eligible for disaster relief and hazard mitigation funding The LHMP Includes a
prioritized list of cost - effective mitigation measures for the jurisdictions seeking funding
The LHMP is similar to a city's General Plan and will outline the city's vulnerabilities, analyze
future development trends, develop hazard mitigation strategies in budding construction,
Identify critical facilities and Infrastructure contained within the city limits, and Identify other risk
factors The planning requires significant, documented public participation, public hearings,
and public comment as a mandatory planning element
The City Council and each city department will participate in the planning development
process during the18 -month plan development period, primarily in areas related to planning
elements, facilitating public hearings, and providing technical reference, especially in Building
Code, zoning, and redevelopment areas under the plan
On May 20, 2005, the City of El Segundo received approval on its Notice of Interest submitted
on the LHMP On June 21, 2005, the Council passed Resolution #4427, Designation of
Applicant's Resolution, allowing the city's Emergency Services Coordinator to file for federal
financial assistance under the Stafford Act
On August 15, 2005, the City Manager signed a commitment letter to meet the matching funds
requirement for the LHMP project application On August 30, 2005, the Emergency Services
Coordinator submitted a 51 -page, formal application to the Governor's Office of Emergency
Services, Disaster Assistance Branch, for the development of its comprehensive Local Hazard
Mitigation Plan
On March 21, 2006, the Fire Department was notified that its application was approved and
awarded up to $125,000 in project obligation and development costs The grant project is a
two -year project, ending March 2, 2008
On April 7, 2006, the Emergency Services Coordinator attended a two -day LHMP plan
orientation with the State OES The City Manager signed a letter of commitment to utilize a
new software program provided at no cost by State OES to 50 eligible cities The new
software will greatly assist in the development and completion of the city's Local Hazard
Mitigation Plan
The city will benefit significantly in the completing the LHMP plan The city is eligible, upon
completion of its plan, to submit grant applications for up to $4 million dollars annually in
hazard mitigation projects, including public warning systems, retrofitting and modernization of
public facilities, and reconstruction of critical city facilities such as Fire Station #2, Community
Center, etc that are threatened by earthquakes
107
In accordance with the City Council Policy regarding grant submissions:
1 The U S Department of Homeland Security, under the Federal Emergency
Management Agency (FEMA), through State OES administers the grant program
2 The total amount being requested is $125,000
3 Federal Cost Share $93,750 (75% cost share)
4 Matching Funds Cost -Share — $31,250 (25% city cost share)
5 Source of Matching Funds Cost Share Personnel staff time (soft costs)
6 The grant does not provide up front funding The City of El Segundo will document
its costs under the grant and seek reimbursement of costs submitted and approved
in the grant application (below)
Approved Grant Cost Projections:
• Personnel (time) $73,000
• Consulting /Contractor $40,000
• Advertising (Public Notice): $2,000
• Legal Review: $10,000
7. Conditions required under this grant:
a The City of El Segundo will comply with the sub - grantee assurances under
the Hazard Mitigation Grant Program, including compliance with the SEMS
requirements under the California Emergency Services Act,
b Fulfill all required financial and compliance audit requirements in accordance
with the Single Audit Act of 1954 and Single Audit Act Amendments of 1996
Any new or related requirements identified in the Hazard Mitigation Grant Program not
identified in this report, will be brought to the City Council for approval before any action is
taken in performance of the grant
4 -0 08
SECTION 111 - WORK SCHEDULE
ENTER PROPOSED WORK SCHEDULE
Task
Number
Description of Work/Task,
Duration:
% of Work
Estimated
Cost*
1
Advertising RFP process (consultant)
Month 1 -3
2 5 °A
$ 2,000 00
2
Hiring of Consultant (RFP)
Month 1 -3
25%
$ 40,000.00
3
Establish Consultant Agreement & City Attorney
Review
Month 1 -3
25%
$ 3,00000
4
Establish LHMP Sleertnq Committee
Month 1 -3
25%
n/a
5
Documentation of Planning Process
Months 1 -16
50%
$ 1,50000
6
Conduct Hazard Vulnerability Analysis
Months 2 -5
150%.
$ 15,000 00
7
Prioritize Hazards
Months 4 -5
5%
$ 2,50000
8
Develop Mitigation Strategies
Months 5 -7
10%
$ 11,000 00
9
Prioritize Mite ahon Strategies 1 Cost Benefit
Months 5 -7
10%
$ 101000 00
10
Public Input, Polling, Hearings
Months 6 -8
20%
$ 12,500 00
11
Develop Final Draft & City Attorney Review
Month 9
10%
$ 20,000 00
12
Gather Public Input 8 Comment on Draft
Months 10 -11
5%
$ 4,50000
13
Plan Review State of California
Month 12 -16
25%
$ 25000
14
Plan Revision & Final Draft Preparation
Month 16
25%
$ 2,50000
15
Council Jurisdiction Ado ti0n of Plan
Month 16
25%
$ 25000
16
FEMA Review and Approval
Month 16 -24
25%
n/a
Estimated Planning Duration 5 24 months 1000% $ 125,000 00
Total Plan Cost
'Estimated City of El Segundo LHMP Costs $ 125,000 00
Estimated El Segundo Cost Share (25 %) $ 31,25000
Estimated FEMA (federal) Cost Share (75 %) $ 93,750 00
Are additional milestones provided in an attachment? yes
COMMENTS
>CITY OF EL SEGUNDO COSTS INCLUDE SOFT COSTS (HOURLY PERSONNEL FROM 8 CITY
DEPARTMENTS), AND COSTS FOR SERVICES TO SUPPORT PLAN DEVELOPMENT, AND PUBLIC
COMMENT /REVIEW INCLUDING CONSULTING, FACILITATION, LEGAL REVIEW, DUPLICATION,
POSTAGE, ADVERTISING, ETC
iU 3
EL SEGUNDO CITY COUNCIL MEETING DATE. May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of $24,323 in additional grant funding
from the U.S. Department of Homeland Security, Office of Domestic Preparedness (ODP),
under the Urban Area Security Initiative (UASI) for the Federal Fiscal Year 2005 (FY2005), in
order to receive reimbursement for ODP- approved training Fiscal Impact $24,350
RECOMMENDED COUNCIL ACTION:
1) Accept an additional $24,323 grant allocation from the UASI FY2005 Grant Program,
2) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION.
In February 2006, the Council accepted $583,745 in homeland security grant funding under
the FY2005 UASI program, to cover training, first response needs for equipment essential to
firefighting and hazardous materials response, law enforcement and anti- terrorism, and
emergency management operations Upon review and completion of the grant agreement,
additional funding was Identified in Exhibit "D" of the agreement documents Exhibit "D" is the
authorized purchase list for the grant The additional funding awarded follows
1 ODP Approved Training, Overtime and Backfill — (Police) $24,323
This funding will be used to reimburse the City of El Segundo Police Department for attending
grant program related terrorism response and incident management training under the
National Response Plan (NRP), and National Incident Management System (NIMS), as
approved by ODP
The total award with this allocation is $608,118 Purchases under this FY2005 UASI grant will
be made according to the categories list approved at the February 21, 2006 council meeting,
with the addition of the above - referenced training item The grant expenditure period ends on
December 31. 2006
ATTACHED SUPPORTING DOCUMENTS.
Exhibit "D" of Agreement #C- 109619 (City Contract #3572)
FISCAL IMPACT:
Operating Budget:
Amount Requested-
Account Number:
Project Phase:
Appropriation Required:
ORIGINATED'
$583,750
$24,350
001 - 300- 0000- 3735(Revenue)
001 - 400 - 3255 -8104 (Expenditure)
N/A
X Yes No
Kevin Smith, nterim Fire Chief
Jeff
DATE: 05/8/06
DATE:
S,
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i12
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to an Agreement with
Nationwide Environmental Services, a division of Joe's Sweeping, Inc , to extend the
Agreement for a three -year period for continued street sweeping services by exercising an
option in the Agreement to extend the term (Fiscal Impact = $393,849 for street sweeping
services over three years and as adjusted by fuel pricing adjustments provided for in the
amendment)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Authorize the City Manager to execute an amendment in a form
approved by the City Attorney to the existing Agreement (Agreement 3168) with Nationwide
Environmental Services, a division of Joe's Sweeping, Inc to extend the Agreement for a
three -year period for continued street sweeping services, and (2) Alternatively discuss and
take other action related to this item
BACKGROUND & DISCUSSION-
On May 6, 2003, City Council awarded a street sweeping contract to Nationwide
Environmental Services (Nationwide), a division of Joe's Sweeping, Inc , for a three -year
period This was the result of a competitive bid that included street sweeping services for
streets, alleys, and City parking lots Under the existing Agreement, which expires on June 30,
2006, the City pays $11, 675 per month or $140,104 per year for sweeping services
Nationwide has performed well during the term of this contract and over the past 12 years that
they have performed street sweeping for the City Complaints from residents and the business
community are minimal and, if complaints are received, Nationwide is quick to respond
(Background and Discussion is continued on the next
ATTACHED SUPPORTING DOCUMENTS:
1 First Amendment
2 Agreement No 3168
FISCAL IMPACT.
Operating Budget: $127,42212
Amount Requested: $127,422 12 — Year 1
$131,244 78 — Year 2
$135,182 13 —Year 3
Account Number- 001 - 400 -4201 -6206 (Sweeping contract)
Project Phase: NA
Awwounation Reauired: No
DATE./
j
SteverFinton. Director of Public Works
REVIEW DATE•
Jeff LCity Manager
: r.i3
BACKGROUND & DISCUSSION: (continued)
Amendment to Provide Continues Street Sweeping Service
The existing agreement contains a provision to extend If both parties wish to do so Due to
Nationwide's good performance and competitive pricing, staff and Nationwide entered Into
negotiations and have reached an agreement for extension at very competitive terms Recent
fuel price Increases are driving cost of most fuel dependent services upward The proposed
contract, however, is a reduction In price due to the elimination of prevailing wage
requirements (as permitted through recent ruling of the California Department of Industrial
Relations) and allowances for consumer price Index (CPI) and fuel pricing adjustments
➢ Monthly Payment
Payments made under the proposed amendment will be according to the following
formula
MONTHLY PAYMENT = Base Monthly Payment + Fuel Prlcinci Adjustment
Base Monthly Payment
Base Monthly Payments under the proposed amendment escalate at 3% CPI per year
under the amendment and would be as follows
For the first year of the term Base Monthly Payment = $10,618 51
2 For the second year of the term Base Monthly Payment = $10,937 06
3 For the third year of the term: Base Monthly Payment = $11,265 18
Fuel Pricing Adjustment
The negotiated contract also Includes a Fuel Pricing Adjustment that adjusts the
monthly payments, up or down, based on fuel costs Fuel constitutes 17% of total
contract cost at current fuel prices. A baseline fuel cost of $2.20 /gallon Is established In
the proposed contract based on the average cost of Compressed Natural Gas (GNG)
fuel in 2005 The Fuel Pricing Adjustment adjusts the 17% fuel component up or down
as the cost of fuel fluctuates above or below the baseline fuel price The Fuel Pricing
Adjustment will be calculated monthly according to the following formula-
Fuel Pricing Base / Average Monthly Fuel Cost
Adjustment - 0 17 X Monthly X $2 20 1
Payment
i14
BACKGROUND & DISCUSSION: (continued)
As of May 1, 2006, the price of CNG fuel was $2 39 per gallon Using $2 39 per gallon
as an example, the Fuel Pricing Adjustment would be calculated as follows
Fuel Pricing = 0 17 X $10,618 51 X ( $239
Adjustment 1\ $220
Total
Monthly = Base Monthly Payment +
Payment
Total
Monthly = $10,61851 + $15590
Payment
1 / = $15590
Fuel Pricing Adjustment
$10,774.41
The Fuel Pricing Adjustment cannot exceed 8.5% of the Base Monthly Payment and
cannot be compounded from month to month The maximum and minimum monthly
payments during the extended term of the contract would be as follows
Maximum
Monthly = Base Monthly Payment + 0.085 x Base Monthly Payment
Payment
Minimum
Monthly = Base Monthly Payment 0 085 x Base Monthly Payment
Payment
Minimum Monthly Payment
First Year of Term
Second Year of Term
Third Year of Term
➢ Comparison with Other Agencies
$9,71593
$10,00741
$10,30764
Maximum Monthly Payment
$11,521 08
$11,86671
$12,22272
El Segundo has 8,940 curb -miles swept annually A survey of area cities indicates the
negotiated pricing per curb mile of $14 30 (excluding fuel adjustment) is competitive
and below average. The results are as follows
City Cost Per Curb Mile
El Segundo 1403
Hermosa Beach 1963
Hawthorne 2058
Manhattan Beach 2097
BACKGROUND & DISCUSSION: (continued)
Alternate Side Sweeping Schedule
As a separate effort, staff will request City Council's approval to solicit proposals from
engineering firms to design an alternate side sweeping schedule Under an alternate side
schedule, each side of streets are swept on different days to lessen parking impacts
Presently, both sides of residential streets are swept during the same time period Upon
completion of the alternate side sweeping schedule design, staff would negotiate with
Nationwide to sweep according to the alternate side schedule and submit an amendment for
City Council consideration If terms for an amendment cannot be reached with Nationwide,
the City could solicit bids from the sweeping industry and terminate the agreement with
Nationwide once a contract with another provider could be secured The City can terminate
the agreement with Nationwide at any time with no early termination cost
At this time, however, it is recommended that City Council approve the recommended
amendment to extend the agreement for the recommended three year period effective July 1,
2006 and terminating June 30, 2009 This will provide for continued street sweeping under the
existing sweeping schedule while alternate side sweeping can be considered further
iii
FIRST AMENDMENT TO
AGREEMENT NO. 3168 BETWEEN
THE CITY OF EL SEGUNDO AND
JOE'S SWEEPING, INC.
THIS FIRST AMENDMENT ( "Amendment ") Is made and entered Into this day of
2006, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California ( "CITY "), and JOE'S SWEEPING, INC, a
California Corporation ( "CONTRACTOR ") pursuant to Section 19 of Agreement No 3168
( "Agreement ")
Section 1 of the Agreement Is amended to read as follows
"CONSIDERATION CONTRACTOR must complete the Scope of Services to
CITY's satisfaction If CITY Is dissatisfied with such Services, CONTRACTOR
must work on the matter until the CITY approves of the service. Further,
CONTRACTOR will complete the Services set forth In Exhibit A strictly according to
the listed schedule CITY agrees to pay CONTRACTOR according to the following
formula-
A MONTHLY PAYMENT = Base Monthly Payment + Fuel Pricing Adjustment
I For the first year of the term Base Monthly Payment = $10,618 51
(Annual Total of Base Monthly Payments = $127,422 12)
II For the second year of the term Base Monthly Payment =
$1 0,937 06 (Annual Total of Base Monthly Payments = $131,244 72)
iii For the third year of the term Base Monthly Payment = $11,265 18
(Annual Total of Base Monthly Payments = $135,182 16)
Iv For any renewed term Base Monthly Payment to be negotiated
B FUEL PRICING ADJUSTMENT. It is agreed that fuel used by CONTRACTOR
constitutes 17 % of Its total operating costs It is agreed that the baseline
monthly fuel cost for CNG fuel is $2 20 per gallon. The Fuel Pricing Adjustment
is calculated according to the following formula
Fuel Pricing X Monthly X Average Monthly Fuel Cost 1
Adjustment 017 Payment ( $220 )
The Average Monthly Fuel Cost Is the average price of fuel per gallon of
CNG purchased by CONTRACTOR for performance of this Agreement
(and solely within CITY's jurisdictional boundaries) in the month for which
payment is Invoiced The Fuel Pricing Adjustment cannot exceed 8 5%
.L
of the Base Monthly Payment. The total Fuel Pricing Adjustments in any
year cannot exceed 8 5% of the of the Annual Total of Base Monthly
Payments Fuel Pricing Adjustment cannot be compounded from month
to month The Public Works Director may approve, partially approve or
deny the Fuel Pricing Adjustment
i Example In the first month of the first year of the contract term the
average price of fuel is $2 30 per gallon. MONTHLY PAYMENT =
$10,618 51 + 0 17 X $10,618 51 X ( $2.30/$2 20 -1) _ $10,700 56
u Example In the second month of the first year of the contract term the
average price of fuel is $2.10 per gallon MONTHLY PAYMENT =
$10,618 51 + 0 17 X $10,618 51 X ( $2 10/$2 20 -1) _ $10,536 46
ni Example The maximum monthly payment in the first year (as increased
by the maximum fuel pricing adjustment) is $10,618.51 + 8 5% _
$11,52108 The maximum total of payments in the first year is
$127,422.12 + 8 5% _ $138,253 00
iv Example The minimum monthly payment in the first year, as decreased
by the maximum fuel pricing adjustment is $10,618 51 — 8 5% _
$9,71594 The minimum total of payments in the first year is
$127,422 12 — 8 5% _ $116,591 24
C PAYMENT FOR ADDITIONAL STREET SWEEPING SERVICES CITY may
request CONTRACTOR to provide additional street sweeping services in
accordance with this Agreement. CITY agrees to pay CONTRACTOR for street
sweeping services exceeding the curb mileage and square footage listed in
Exhibit A at the rate of $100 per hour
2 Section 2 of the Agreement is amended to read as follows
"TERM The term of this Agreement will be from July 1, 2006 to June 30, 2009 "
3 Section 4 of the Agreement is amended in its entirety to read as follows
"PREVAILING WAGES In accordance with Department of Industrial Relations
( "DIR ") Opinion Letter for Public Works Case No 2005 -007, dated June 1, 2005,
CONTRACTOR is not required to pay prevailing wages "
4 A new Section 25 is added to the Agreement to read as follows
"COMPLIANCE WITH LAW CONTRACTOR must comply, at no additional cost
to CITY, with all applicable federal, state, and local laws Such laws include,
without limitation, all aspects of CITY's current National Pollutant Discharge
Elimination System ( "NPDES ") permit In addition, CONTRACTOR agrees to
�. 8
comply with all rules of the South Coast Air Quality Management District
( "AQMD ") including, without limitation, AQMD Rule 1186 1 requiring the use of
alternative -fuel vehicles for sweeper services (to the extent required by law)
CONTRACTOR understands and agrees that failure to comply with this Section
constitutes a material breach of this Agreement and, in addition, requires
CONTRACTOR to defend, indemnify, and hold CITY harmless from any fines,
penalties, or damages imposed by a governmental agency (whether AQMD, the
Regional Water Quality Control Board, or other agency) for failure to comply with
applicable law "
5 This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitutes one instrument executed on the
same date
6 Except as modified by this Amendment, all other terms and conditions of
Agreement No 3168 remain the same The operative terms of this Amendment become
effective July 1, 2006
IN WITNESS WHEREOF the parties hereto have executed this amendment the
day and year first heremabove written
CITY OF EL SEGUNDO,
a general law city
Jeff Stewart,
City Manager
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM
MARK D HENSLEY, City Attorney
By
Karl H Berger, Assistant City Attorney
JOE'S SWEEPING, INC
a California Corporation
Never Samuelian,
President
Suzy Samuelian,
Secretary
TaxpayerlD No
il�
ORIGINAL
STREET SWEEPING AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
JOE'S SWEEPING, INC.
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 1st day of
July, 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY") and JOE'S SWEEPING, INC , a California Corporation
( "CONTRACTOR ")
The Parties agree as follows
1 CONSIDERATION
A As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below,
B As additional consideration, CONTRACTOR and CITY agree to abide by the
terns and conditions contained In this Agreement;
C As additional consideration, CITY agrees to pay CONTRACTOR as follows
For the first and second years of the term- a total of $142,000,
it For the third year of the term a total of $146,100;
Ili For any renewed term a price to be negotiated
D CITY will have at least thirty (30) days after receiving CONTRACTOR's Invoice
to pay CONTRACTOR Payments will be made on a monthly basis.
2 TERM The term of tlus Agreement will be from July 1, 2003, to June 30, 2006 CITY may
exercise an option to renew this Agreement for an additional three (3) years, for a total of six (6)
years CITY must notify CONTRACTOR of exercising such options thirty (30) days before the
initial term expires
3 SCOPE OF SERVICES
A CONTRACTOR will perform services listed in the attached Exhibit "A," which
is incorporated by reference
B CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
1 [.Q
3168•..,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement
4 PREVAILING WAGES.
A This project requires payment of State prevailing rates of wages for Los Angeles
County CONTRACTOR must post copies of the prevailing schedule at each job
site Copies of these rates of wages are available from the State of California
Department of Industrial Relations Prevailing Wage Umt, Telephone No (415)
703 -4774 The website for this agency is currently located at www d_ it M Roy
B CONTRACTOR must keep an accurate certified payroll records showing the
name, occupation, and the actual per diem wages paid to each worker employed
in connection with this Agreement. The record will be kept open at all reasonable
hours to CITY's inspection and to the Division of Labor Law Enforcement If
requested by CITY, the Contractor must provide copies of the records at its own
cost
5 FANIILIAMY WITH WORK
A By executing this Agreement, CONTRACTOR represents that CON'T'RACTOR
has
Thoroughly investigated and considered the scope of services to be
performed,
u Carefully considered how the services should be performed, and
ur_ Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement
B If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY
6 INSURANCE
A Before commencing performance under this Agreement, and at all other times
this Agreement is effective, CONTRACTOR will procure and maintain the
following types of insurance with coverage limits complying, at a mimmum, with
the limits set forth below
1
Commercial general liability
Business automobile liability
Workers compensation
$1,000,000
$1,000,000
Statutory requirement
31E8•,
B Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No CG 00 01 11 85 or 88 The amount of insurance set forth
above will be a combined single limit per occurrence for bodily mjury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carved by City will be excess
thereto Such insurance will be on an "occurrence," not a "claims made," basis
and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to City
C Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto)
D CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the msurance required under this Agreement,
endorsements as required herem, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A VII " Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with
regard to any notice provisions
E Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by tins Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate
7 TIME FOR PERFORMANCE CONTRACTOR will not perform any work under this
Agreement until
A CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B CITY gives CONTRACTOR a written Notice to Proceed
122
3168.;;1
C Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk-
8 TERMINATION
A Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause Notice of termination will be in writing
B CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date
C Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated
D By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section-
9 INDEMNIFICATION.
A- CONTRACTOR mdemmfies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance Should
CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this Agreement,
or its performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise
B For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers
C It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement
10 INDEPENDENT CONTRACTOR CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed CONTRACTOR will be free to contract for similar service to
be performed for other employers wlvle under contract with CITY CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11 NOTICES.
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3168
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail Notice sent by mail
will be addressed as follows
To CITY City of El Segundo
350 Main Street
El Segundo, CA 90245 -3895
To CONTRACTOR Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
Fax 562- 868 -5726
B When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12 TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a
Taxpayer Identification Number
13 WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained in this Agreement, whether of the same or
different character
14 CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15 SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect
16 CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement
17 WAIVER Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18 INTERPRETATION This Agreement was drifted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County
3168•.,,
19 AUTHORITY /MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreemem and to engage in the actions described herein This Agreement may be modified by
written agreement C1TY's city manager may execute any such amendment on behalf of CITY
20 ACCEPTANCE OF FACSIMH.E SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature
21 EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control
22 CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE Should performance of this Agreement be prevented due to fire, flood,
explosion, war, embargo, government action, civil or military authority, the natural elements, or
other similar causes beyond the Pares' control, then the Agreement will immediately terminate
without obligation of either party to the other
24 ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting elevator maintenance To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if frilly set forth above There are no other
understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
i :�
v
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written
CITY OF EL SEGUNDO,
a general law
City Manager AS
ATTEST
• •
APPROVED AS FORM
MARK D Y
B Y I I
rl R Berger, Assu
JOE'S SWEEPING, INC.,
a California Corporation
President NEVER SAMUELIAN
'Aw r
Secrets SUZY SAMUELIAN
City Attorney
.L
3168.. , *I
EXHIBIT A
Nationwide Environmental Services
Division of Joe's Sweeping, Inc
First Year costs = $136,527 62 + $5,476 for bi- weekly downtown cleaning = $142,003 62
Second Year costs = $136,527 62 + $5,476 for bi- weekly downtown cleaning = $142,003.62
Third Year costs = $140,426 65 + $5,624 for bi- weekly downtown cleaning = $146,050 65
Total 3 year contract = $430,057 89
CITY OF EL SEGUNDO
RFP # 03-01
MAIN BID ITEMS
(All streets except Downtown Area
and all alleys and parking krts)
ITEM
NO.
ESTIMATED ` DESCRIPTION & PRICE
QUANTITIES i WRITTEN IN WORDS I
UNIT PRICE
IN FIGURES
AMOUNT
1
8,570
curb miles
Sweeping once per curb mile of streets and
allays (weekly) First Year (July 1, 2003 — June
30,2004) Fourteen pcllarc RnA
Eighty Cents
$ 14.80
Per
$126,836.0
2
16,551,468
SF
Sweeping price per square foot of parlung tots
(weekly) First Year (July 1, 2003 — June 30,
2004)
$ 0.00042
$ '7,791.6
3
20
flours
Hourly rate for additional sweeping.
First Year (July 1, 2003 — June 30, 20D4)
Ninety Five nnllarc anA
$95.00
$1,900.00
Nn r onto
4
8,570
curbmiles
Sweeping price per curb mile of streets and
alleys (weekly) Second Year (July 1, 2004 —
June3C,2005) Fourtepn nnllara
and Er aht j (—,ante
$14.80
$126,836.0
5
I 18,551,468
SF
Sweeping once per square foot of parking lots
(weakly) Second Year (Jury 1, 2004 — June 30,
2005)
$ 0.00042
Per So. v
-
$ 7,791 .62
6
20
hours
Hourly rate for additional sweeping
Second Year (July 1, 2004 — June 30, 2005)
Ninety Five Dollars and No
$ 95.00
$ 1,900.00
Cents
7 ` 8,570
curb rules
Sweeping price per curb mile of streets and
alleys (weekly). Third Year (July 1, 2005— June
30, 2006) F t en Dnl l arc nnA
Twenty t� s
$15.20
$1 30 , 264 .0
8
1 18,551,468
SF
Sweeping price per square ioot of parking lots
(weekly) Third Year (July 1,2005 —June 30,
2006)
$ 0.00044
$ 8,162.65
Per S n
L 20
hours
Hourly rate for additional swaepmg.
Third Year (July 1, 2005— June 30, 2006)
One HunAraA r)nllars N
ana n
$100.00
Per Hour
$2,000.00
Cents
TOTAL BID (Items 1 -91 $ 4' 3, 4 81.8 9
TOTAL BID WRITTEN IN WORDS Four Hundred Thirteen Thousand
Four Hundred Eognty One Dollars and Eighty Nine Cents
1 of Z.
1�0
CITY OF EL SEGUNDO
RFP # 03-01
ALTERNATE BID ITEMS
(Streets in downtown area)
ALTERNATE BID `A':
ITEM
NO.
ESTIMATED
QUANTITIES
DESCRIPTION & PRICE
WRITTEN IN WORDS
UNIT PRICE
IN FIGURES
AMOUNT
1A
185
curb miles
Sweeping price per curb mile of streets in the
downtown area (bi- weeky)
First Year (July 1, 2003 — June 30, 2004)
Twenty -nine Dollars and Sixty Cents
$ 29.60
$5,476.00
2A
165
curb miles
Sweeping price per curb mile of streets in the
downtown area (bi- weekly)
Second Year (July 1, 2004— June 30, 2005)
Twenty-nine Dollars and Sate Cents
$ 29 60
$5,476.00
3A
185
curb miles
Sweeping price per curb mile of streets in the
downtown area (biweekly)
Third Year (July 1, 2005 — June 30, 2006)
Thirty Dollars and Forty Cents
$ 30 40
$ 5.624.00
TOTAL ALTERNATE BID `A' $16.576 00
TOTAL ALTERNATE BID `A' WRI TEN IN WORDS
Sixteen Thousand Five Hundred Seventy Six and No Cents
2.of 2
I
1 F Q
AOOQD,r CERTIFICATE OF LIABILITY INSURANCE 061012004 DATE
'RODLrER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lockton Insurance Brokers, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
725 S Figueroa Street, 35th FI HOLDER THIS CERTIFICATE DOES NOT ND
AME, EXTEND OR
CA License #0714705
Los Angeles CA 90017 INSURERS AFFORDING COVERAGE
(213) 669.0065
ISURED Joe's SwBep erg, Inc DBA INSURERA
026052 Nationwide Environmental Services INSURER e. Hartford rasually Insgrance Company
and JNL Building Services
11914 Front St INSURER Q
Norwalk CA 90650
wIA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REOUIREMENr TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CA-AIMS
ISR'
PO CY EFFECTNE
POLICY EXPIRATION
TYPE OF 111SL1RA410E
POLICY NUMBER
GENERAL
LIABILITY
EACH OCCURRENCE
3 I OOO OOO
FIRE DAMAGE M ine
S 300000
4
MMERCIAL GENERAL LIABILITY
16UUNSV5021
06/01/2003
06/01/2004
CLAIMS MADE a] OCCUR
MED EXP M one
] O OOO
PERSONAL 8 INJURY
1 000 000
000 Ded )Claim
PGEWL
GENERAL AGGREGATE
2,000,000
GREGATE LIMI T APPLIES PER.
PR DUCTS- OMPIOP AGG
2 OOO 000
ICY X P G LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
s 1,OOQ000
a
ANY AUTO
16UUNSV5021
06/01/2003
06/01/2004
(Eaaismers)
BODILY INJURY
ALL OWNED AUTOS
IX
SCHEDULED AUTOS
(� P°aP^)
f XXXXXXX
BODILY INJURY
i XXJCiOCXX
HIRED AUTOS
NON -OWNED AUTOS
(paraLyQant)
1,000 ded per acc
PARTY
DAMAGE
f XXXXXXX
(Par amtlanU
AUTO ONLY - EA ACCIDENT
f XXXXXXX
OTHER THAN FA ACC
5 XXXXXXX
IGARAGELIABILTTY
ANY AUTO
NOT APPLICABLE
S XXX)OM
AUTO ONLY AGG
IXCESS LIABIUTY
.
EACH OCCURRENCE
f 4,000,000
3 X OCCUR ❑CLAIMSMADE
16HHUSV5122
06/01/2003
06/01/2004
AGGREGATE
4,000,000
XXXXXXX
UMBRELU
X
O
s XXXX)DCA
DEDUCTIBLE FOI01
I X RETENTION S 10 000
f XXXXXXX
WORKERS COMPENSATION AND
16WESV5022
06/01/2003
06/01/2004
X WC STATU-
EMPLOYERS LABILITY
EL EACH ACCIDENT
f 1.000.000
El DISEASE - EA EMPLOYEE
S 1,000,000
EL DISEASE POLICY LIMB
S 1 000 OOO
OTHER
I
IRIPTIDN
--S OF OPERATIONWLDCATIONSNEHICLES IEXCLUSiONS ADDED BY ENOORSEMENTSPECULL PROVISIONS
'10 Day Notice of Cancellation for Non - Payment of Premium °Re RFP No OM - To provide sweeping of streets, alleys and city-owned parking lots,
he City of Ell Segundo is named as Additional Insured as their interest may appear as respects Cr ml Liability per attached endorsertent
)) 11 ,,
1JV
ERTIFICATE HOLDER
X I ADDITIONAL INSURED, INSURER LETTER ANCELLATION IM221671
1389063
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of El Segundo
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MINI. 30 _ DAYS WRITTEN
Atln Patti Knight, City Clerk
350 Main Street
NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT ,BUT FAILURE TO DD SO SHALL
El Segundo CA 90245
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORM REPRESENTATIVE
.UKU zD -b (rryl) `✓ 1 v W • , .' st' ' — 0 ACORD CORPORATION 1988
POLICY NO 16UUNSV5021
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following
Additional Insured - Owners, Lessees or Contractors
The City of El Segundo
Crty Clerk "s Office
350 Main Street
El Segundo CA 90245
Re RFP No 03-01
To Provide sweeping of streets,
alleys, and city -owned parkmg lots
Commercial General Liability Coverage Part
Any owner or contractor with whom you agreed, pursuant to a written contract to provide insurance such
as is afforded under this endorsement
Coverage provided hereunder applies only if the owner or contractor is not an Architect, Engineer or
Surveyor
(if no entry appears above, information required to complete this endorsement will be shown in the
declarations as applicable to this endorsement )
Who is an insured (Section It) is amended to include as an insured the person or organization shown in
the schedule, buy only with respect to liability ansmg out of "Your Work" for that insured by or for you
Form IH 12 01 11 85
Certificate ID : 1389063
Vise Attachment : M22167
Printed in U S A
13�
06/01/2003
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the issuance of a Request for Proposals for the
development of an "alternate side" street sweeping schedule on all streets atywide where
street sweeping parking restrictions are posted (Fiscal Impact = $20,000, estimate of fee to
develop alternative side street sweeping schedule)
RECOMMENDED COUNCIL ACTION-
Recommendation — (1) Authorize staff to issue a request for proposals for the development of
an "alternate side" street sweeping schedule on all streets citywide where street sweeping
parking restrictions are posted, and (2) Alternatively discuss and take other action related to
this item
BACKGROUND & DISCUSSION.
Presently in El Segundo, both sides of residential streets are swept on the same day during
the same time period This provides the most efficient sweeping program, but creates parking
challenges for residents In December 2004, Council directed staff to evaluate the costs and
feasibility of changing the current street sweeping program to accommodate an "alternate side"
street sweeping schedule that would lessen residential parking impacts At that time, Public
Works staff reviewed the request and examined issues such as resident convenience, and
implementation costs and methods Ultimately, Council directed staff to revisit the issue when
a new or renegotiated street sweeping contract was considered
and Discussion is continued on the next
None
FISCAL IMPACT-
Operating Budget. $20,000
Amount Requested: $20,000
Account Number: 001 - 400 - 4601 -4101 (Salarysavings)
Project Phase- RFP
Appropriation Required: Yes
BY;, DATE-
Steve Finton, Director of Public Works
19
43 4W
X32
BACKGROUND & DISCUSSION: (continued)
During Public Works' evaluation, the street sweeping contractor indicated that a $1,250 per
month increase ($15,000 per year) would be required to implement alternate side sweeping
The increase was due to the decrease in sweeping efficiency caused by increased "dead
head" mileage Dead head mileage is mileage the sweeper must travel while not sweeping
Presently the sweeper sweeps one side of the street then simply makes a U -turn and sweeps
the other side of the street The alternative side sweeping schedule would require the
sweeper to sweep one side of the street then proceed without sweeping to the next block or
across several blocks to the next street on the alternate side schedule Alternative side
scheduling would require more fuel and sweeping time
Design of Efficient Alternate Side Street Sweeping Schedule
The present street sweeping schedule cannot accommodate an efficient alternate side
sweeping schedule To consider and efficiently implement an alternative side schedule, the
routing must be carefully designed to minimize dead head mileage It is recommended that
Council authorize staff to solicit proposals from qualified engineering firms to prepare an
efficient alternative side sweeping program Consultants contacted during staffs recent
research have indicated the cost to prepare an alternative side sweeping program design to be
between $15,000 and $20,000 This cost can be funded through salary savings in the Public
Works Department in the FY 2005 -2006 budget
Implementation
Converting to an alternative side sweeping schedule would require the replacement or
modification of approximately 2000 street sweeping signs on roughly 90% of City streets west
of Sepulveda Boulevard Public Works Department staff would affix stickers to the signs in
order to modify sweeping days and times The implementation would be phased by area with
each area 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 area
Other public notifications would include public notices, ads in local newspapers, the City
webpage and Cable Channel, and the water bill
Costs to Implement
Staff estimates the cost to implement the alternate side sweeping program at $40,000 to
$45,000 in the first year and $15,000 per year thereafter as follows-
First Year Routing and schedule design $15,000 to $20,000
Sign modification and notifications $10,000
Sweeping contract increase $15,000
Total $40,000 to $45,000
Subsequent years Sweeping contract increase only $15,000
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 Staff anticipates labor could be absorbed within current budgeted
amounts The additional costs of implementing an alternating side street sweeping program,
such as the signage stickers, public notifications, estimated at $10,000, and increase in
contract street sweeping costs, estimated at $15,000, would require an additional budget i 3 3
appropriation
BACKGROUND & DISCUSSION: (continued)
Street Sweeping Contract
The City's street sweeping contract with Nationwide Environmental Services, Inc expires on
June 30, 2006 Through a separate Council request, staff is requesting that Council approve a
three -year extension to that contract If Council elects to proceed with the alternate side
sweeping schedule, the street sweeping contract will need to be amended for the contractor to
sweep according to the new schedule If an agreement cannot be reached with Nationwide,
the City can solicit bids from the sweeping industry and terminate the agreement with
Nationwide once a contract with another provider can be secured. The City can terminate the
agreement with Nationwide at any time with no early termination cost
X34
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE May 16, 2006
AGENDA HEADING: City Clerk
Consideration and possible action regarding cancellation of the July 5, 2006 City Council
Meeting
RECOMMENDED COUNCIL ACTION.
1) Approve cancellation of the July 5, 2006 City Council Meeting
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION
In the past, the City Council has cancelled one meeting in July due to conflicts in schedules. It
is requested that Council approve the cancellation of the July 5, 2006 regularly scheduled
meeting
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
None
19
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Reports —
Councilmember C Jacobson
AGENDA DESCRIPTION.
Consideration and possible action regarding the City's position on AB 2987 (Nunez) the Digital
Infrastructure and Video Competition Act of 2006, and HR 5252 (Barton) the Communications,
Opportunity, Promotion, and Enhancement Act of 2006 (COPE Act)
RECOMMENDED COUNCIL ACTION:
1) Authorize the Mayor to sign letters of opposition to state and federal telecommunications
legislation, respectively known as AB 2987 and HR 5252, 2) Alternatively, discuss and take
other action related to this item
BACKGROUND & DISCUSSION:
Key telecommunications legislation is advancing in both Congress and the State Legislature
As a rule, local government agencies support legislative efforts to ensure the provision of
competitive telecommunication services for all consumers and the treating of similar services
alike However, current legislation, in particular AB 2987 and the HR 5252, has the potential
for undermining the ability of local governments to protect their residents and manage public
rights -of -way
In Sacramento, Assembly Speaker Nunez Is pushing AB 2987 that would create a new
statewide franchise for cable and video service providers In Congress, HR 5252 would
similarly pave the way for creation of national video franchises While the stated objectives of
these pieces of legislation are to increase price and service competition for video services, the
League of California Cities, National League of Cities and many local government
organizations have significant concerns with the currently proposed federal and state
approaches
(see attached page for additional Background & Discussion)
ATTACHED SUPPORTING DOCUMENTS-
1) Copies of AB 2987, HR 5252 and bill analysis and summary information
2) Opposition letters to AB 2987 and HR 5252.
FISCAL IMPACT. NIA
Operating Budget,
Amount Requested:
Account Number:
Project Phase.
Appropriation Required: —Yes _ No
DATE,
ol0 /104
00
xJu
BACKGROUND & DISCUSSION (CONTINUED):
With respect to AB 2987, local governments' concerns have been raised over build -out
provisions, consumer protection and customer service, the loss of video services to libraries
and schools, loss of control over public, educational and governmental (PEG) access channels
and PEG support, loss of local control over public rights -of -way, and loss of local revenues
from franchise fees and other local fees and taxes Similar concerns and flaws have been
voiced about provisions contained in HR 5252 that would establish national franchises, as well
as national versus state /local consumer protection standards, and give the Federal
Communications Commission in Washington D C control and oversight over how localities
manage their local streets and right -of -ways
137
AB 2987 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE A B No 2987
AUTHOR(S) Nunez and Levine
TOPIC Cable and video service
HOUSE LOCATION ASM
+LAST AMENDED DATE 04/06/2006
TYPE OF BILL
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Fiscal
Non -Tax Levy
Page 1 of 1
LAST HIST ACT DATE 04/25/2006
LAST HIST ACTION From committee Do pass, and re -refer to Com on APPR
Re- referred (Ayes 10 Noes 0 ) (April 24)
COMM LOCATION ASM APPROPRIATIONS
TITLE An act to add Article 3 7 (commencing with Section
53056) to Chapter 1 of Part 1 of Division 2 of Title 5
of the Government Code, relating to cable and video
service
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AB 2987 Assembly Bill - History Page 1 of 1
COMPLETE BILL HISTORY
BILL NUMBER A B NO 2987
AUTHOR Nunez
TOPIC Cable and video service
TYPE OF BILL
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Fiscal
Non -Tax Levy
BILL HISTORY
2006
Apr 25 From committee Do pass, and re -refer to Com. on APPR
Re- referred (Ayes 10 Noes 0 ) (April 24)
Apr. 17 Re- referred to Com. on U. & C.
Apr 6 From committee chair, with author's amendments Amend, and re -refer
to Com on U & C Read second time and amended.
Apr 3 Re- referred to Com on U & C
Mar 30 Referred to Com on U & C From committee chair, with author's
amendments Amend, and re -refer to Com. on U & C. Read second
time and amended
Feb 27 Read first time
Feb. 25 From printer. May be heard in committee March 27
Feb 24 Introduced To print
1JJ
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AB 2987 Assembly Bill - Bill Analysis
AB 2987
Page A
Date of Hearing April 24, 2006
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Lloyd E Levine, Chair
AB 2987 (Nunez and Levine) - As Amended April 6, 2006
SUBJECT Cable and video service
Page 1 of 14
SUMMARY Creates a mechanism for a state - issued franchise for
the provision of cable and video service in California
Specifically, this bill_
1)Provides that the Department of Corporations (DOC) is the sole
franchising authority for the state - issued authorization to
provide cable and video service (video service) and that any
party that seeks to provide video service in this state after
the effective date of the bill shall file an application for a
state - issued authorization with the DOC
2)Provides that the application shall contain specified
provisions including the following
2) A sworn affidavit that affirms that the applicant
agrees to comply with all federal and state rules,
including a statement that the applicant will not
discriminate in the provision of services, will comply
with all applicable consumer protection rules, that the
applicant will remit fees required to be paid to local
governments, and that the applicant will provide public,
educational, and government (PEG channels)
2) A statement that the applicant agrees to comply with
all lawful local government regulations regarding the
time, place, and manner of using the public
rights -of -way
2) A description of the service area to be served
including the socioeconomic information of all residents
within the service area
2) If the applicant is an existing telephone
corporation, a description of the service territory where
the applicant currently provides phone service, and in
the socioeconomic information of all the residents in the
telephone service territory
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AB 2987
Page B
2) The expected date for the deployment of video
service in the new service territory
3)Provides that the DOC shall notify the applicant whether the
application is complete or incomplete within 30 days of
receiving the applications and shall issue a certificate of
authorization within 14 days after making the notification
4)Provides that a video operator may terminate the state - issued
authorization by submitting a notice to the DOC,
5)Requxres the holder of a state - issued authorization (holder)
to notify all applicable local entities that the local entity
is within the holder's service area and that the holder
intends to provide video service in the local entity's
jurisdiction The holder shall provide this notice at least 10
days before the holder begins offering video service in the
local entity's jurisdiction
6)Requires the holder to pay each local entity where it provides
video service a state - issued authorization fee (franchise fee)
based on the gross revenue, as defined in the statute, earned
within that jurisdiction
6) If there is an incumbent cable operator in that
jurisdiction the fee shall be 5% of the holder's gross
revenue or percentage applied to the incumbent's gross
revenue, whichever is lesser
6) If there is no incumbent cable operator or upon the
expiration the incumbent's franchise, the fee shall be
set by the local entity but may not exceed 5% of the
holder's gross revenue
6) The local entity many not require any additional
fees or charges of any kind from the holder. However,
nothing in the bill shall limit the local entity's
ability to impose a utility user tax
6) The holder may identify and collect the franchise
fee as a separate line item in the customer's bill
7)Provides that the holder shall designate a sufficient amount
of capacity on its network to provide a comparable number of
Page 2 of 14
AB 2987
Page C
Public, Educational, and Government (PEG) channels or hours of 14 i
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AB 2987 Assembly Bill - Bill Analysis
programming that the incumbent cable operator currently
provides within the local entity If no PEG channels are
currently provided within that local entity, a local entity
may request the holder to provide up to three PEG channels if
their population exceeds 50,000 people or up to 2 PEG channels
if the population is under 50,000 people
8)Provides that if there is an incumbent cable operator, until
the expiration of the incumbent's franchise, the holder shall
be obligated to pay a pro rata per subscriber share of any
ongoing payments the incumbent must make for the capital costs
of producing PEG programming The holder may identify and
collect the fee as a separate line item in the customer's
bill
9)Provides that upon the expiration of the incumbent's franchise
or if there is no incumbent provider, the holder shall pay the
local entity a fee, not to exceed 18 of the holder's gross
revenue for the support of PEG programming and institutional
network facilities The holder may identify and collect the
fee as a separate line item in the customer's bill,
10)Provides that the incumbent cable operator shall continue to
provide PEG production services and institutional network
capacity in a local entity until its franchise expires or
until January 1, 2008, which ever is later
11)Provides that a video service provider may not discriminate
against or deny access to service to any group of potential
residential subscribers based on the income of residents in
that local service area
12)Provides that the holder shall have a reasonable time to
become capable of providing video service to all households
within the service territory
13) Provides that the holder may satisfy this above obligation
through the use of satellite television service or another
alternative technology that provides comparable content,
service, and function
14)Provides that within 36 months of the issuance of the
state - issued authorization and every year thereafter, the
holder shall prepare a report on the extent to which video
AB 2987
Page D
service is available within its defined service territory
including the demographics of the portion of the service
territory that has access to service
Page 3 of 14
-r n
15)Provides that the holder shall comply with the existing video 1 Jr.
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AB 2987 Assembly Bill - Bill Analysis
consumer service and performance standards in state law The
DOC shall have the authority to enforce these rules A local
entity may not adopt additional or different consumer service
or performance standards
16)Requires that a background check be performed on all
applicants for employment with the holder, for employees of
independent contractors and vendors to the holder who would
have access to the holder's network, central office, or
customer premises
17)Requires all holders employing more than 750 employees to
annually report to the DOC the number of California residents
employed by the holder and the number of employees of
independent contractors and vendors that provide service for
the holder
18)Provides that a court of competent jurisdiction shall have
exclusive jurisdiction to enforce the provisions of this bill
regarding payment of fees, provision of PEG channels and
institutional networks, and discrimination in the provision of
service
EXISTING LAW
Page 4 of 14
1)Authorizes local governments to grant additional cable
television franchises in an area where a franchise has already
been granted after a public hearing to discuss specified
issues
2)Provides that the additional franchises must serve the same
geographic area as the original franchise Such service shall
be within a reasonable time and in a sequence which doesn't
discriminate against lower income or minority residents
3)Provides that the additional franchises must also contain the
same PEG access requirements as the original franchise
4)Requires all public utilities employing more than 750 total
employees to annually report the number of California
AB 2987
_ _ Page E
n
residents employed by the holder and the umber of employees
of independent contractors and vendors that provide service
for the holder
FISCAL EFFECT Unknown
COMMENTS According to the authors the purpose of this bill is
to promote competition for broadband and video service Current
law requires companies seeking a new video franchise to seek a ,1
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AB 2987 Assembly Bill - Bill Analysis
separate franchise in each local government entity where it
wants to provide video service A company wishing to provide
service across the state would need to seek over 500 franchise
agreements. This bill would allow a company to seek a
state - issued franchise from the DOC The bill is also aimed at
creating a level playing field for all providers of video
service by assuring that, in the future, all competitors are
subject to the same set of regulatory requirements
The authors believe that this bill will lead to a rapid
deployment of new video and broadband services across the state
as new companies, including the existing local telephone
companies, make investments in existing and new networks needed
to compete with the existing cable companies to provide video
and internet services The bill creates new investment in
broadband internet networks because these networks are needed to
provide competitive video services
Page 5 of 14
1) TV is no lonqer_ust "cable" In recent years a host of new
technological developments have made it possible to offer
subscriber based television through a range of connections to
the home beyond the traditional coaxial cable These services
include satellite (known as Direct Broadcast Satellite or DBS),
fiber optic cables, traditional phone lines (using internet
based technologies know as IPTV), fixed wireless, and even
through a cell phone A range of companies can now compete
directly with the traditional cable companies Regulations that
were written in a time when only one technology could be used to
offer subscriber based TV may no longer serve the needs of
consumers. Final, these technoloqis mean that we can no
_ longer refer to subscriber based television services as "cable
TV" but instead need to refer to it as "video services "
2) What is a franchise : Current law requires all companies that
provide video services in California to obtain a franchise from
the local entity (either the city or county) where the company
AB 2987
Page F
will provide service The franchise is a contract between the
provider and the local entity that grants the provider
permission to use the public rights -of -way needed to install the
necessary video infrastructure In exchange for the permission
to use the rights -of -way, the provider typically agrees to pay
the local entity a franchise fee, provide a set number of PEG
channels, provide video and broadband service to public
buildings (known as I -net), and agree to abide by consumer
service standards
Franchise agreements are negotiated agreements between a local
entity and a current video provider The negotiations can happen
quickly Cable operators have complained that in some instances
1Yy
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AB 2987 Assembly Bill - Bill Analysis
the negotiations have dragged on for years and they have been
required to make uneconomic investments to get a franchise
While almost every franchise agreement contains similar
provisions, the requirements are not uniform between local
entities, such that companies will pay different franchise fees,
have different PEG requirements and be subject to different
consumer protection rules in each jurisdiction
Page 6 of 14
3) New _Entrants_. Today only few areas of the state have multiple
video operators Instead competition for video service comes
primarily from DBS services, such as DirecTV and the DISH
network, which are not required to obtain a local franchise
Today DBS service accounts for approximately 27% of the video
market A few companies are obtaining local franchise agreements
to provide competing video services, but due to current
franchising process this is occurring on a limited basis across
the state Some new entrants argue that the current franchising
process is what has limited the number areas in the state that
have multiple franchise
The companies that wish to provide competing services claim that
part of the reason why competition is slow in coming is the time
it takes to negotiate individual franchise agreements across the
state They also point to another provision in state law that
requires new entrants into the video market to provide video
service to the entirety of the incumbent's service territory
This provision is intended to prevent new entrants from
discriminating in where they decide to offer service some of
the potential new entrants argue that this provision forces them
to build their infrastructure in a manner that is uneconomical
for them and, as a consequence, they will simply opt to not
compete in that franchise territory at all
AB 2987
Page G
To date, all of the potential new entrants into the video
markets are companies that provide or plan to provide telephone
service AT &T, Verizon, and Sure West are the successors to
companies that have provided telephone service in California for
over 100 years They have defined telephone service areas that
were created before cable franchise boundaries were created,
which, in some cases, do not directly match cable franchise
areas Other companies like RCN and SureWest are also building
new networks to provide telephone service in parts of the state
already served by AT &T and are also offering their customers a
complete package of video services As competitive phone
companies, these companies have a statewide service territory,
but as video providers, they must seek a franchise in each
locality
4) Services not requiring a_ franchise • DBS (satellite TV)
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AB 2987 Assembly Bill - Bill Analysis
providers do not use the public rights -of -way to provide
service Consequently, they do not have to obtain a local
franchise Without a franchise, they do not pay franchise fees,
they do not offer PEG channels, and they do not provide
I- network support The local governments have no authority to
impose these requirements on DBS providers AT &T and Verizon
both have agreements with DBS providers to co -brand their
products so that AT &T and Verizon can bundle their telephone and
internet products with the DBS Under current state law AT &T and
Verizon can continue to offer their services in this manner The
state does have jurisdiction to require these providers to pay
similar fees as the other video providers and provide PEG
channels
Internet technologies can also be used to provide video
services Today anyone with a broadband internet connection can
download recent television shows from the mayor networks or
subscribe to live broadcast from channels like CNN and ESPN
Additionally, AT &T is planning to use the same technologies that
make the internet work to deliver video over their existing
telephone network (IPTV) In the instances where people used the
Internet to view video, no franchise is required AT &T has
currently asked the Federal Communications Commission (FCC) to
determine if their IPTV service is exempt from local franchise
requirements While to date there is no specific ruling on IPTV
from the FCC, the FCC has made a distinction in regulatory
approaches for using the internet to provide voice service and
using IP -based technologies over a company's own network Unlike
AB 2987
Page H
situations where a company uses the internet to make voice
calls, the FCC found that when a company uses IP -based
technology over its own network that service should be treated
as a traditional phone service <1> Depending on how the FCC
rules on these matters, the state may have authority to require
IPTV to have a franchise agreement
Page 7 of 14
5) Franchise-Fees The bill requires all holders of state
issued franchises to pay the local government a franchise fee
that is either 5W of their gross revenue, or the franchise fee
that the incumbent cable operator is paying, whichever is lower
Federal and state law already caps franchise fees at 5% The
bill also contains a provision that prohibits a local government
from charging an additional franchise fee or another fee instead
of the franchise fee. The intent of the authors is to capture
all of the revenue that is collected through franchise fees
today and guarantee that the local governments can continue to
collect the same amount of revenue in the future Local
governments are concerned that certain aspects of the definition
of gross revenue in the bill may reduce the amount of money they `4
can collect and are concerned that the language that prohibits L
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AB 2987 Assembly Bill - Bill Analysis Page 8 of 14
them from collecting an additional franchise is written too
broadly and may limit their ability to collect other fees such
as businesses license fees The authors state that this is not
their intent
6) Redlining One concern when new entrants begin providing
video services is that they will choose to provide the service
only to higher income neighborhoods and thus provide these areas
of the state with the advantages of new technologies and
competition but deny the same benefits to lower income
neighborhoods - a process known as redlining Federal and state
law prohibit redlining by requiring the local franchise
authorities to assure that access to video service is not denied
to any group of potential residential video subscribers based on
income The local franchising authority meets this requirement
by negotiating with the cable company the area company must
service and by requiring the company to build to the entire
service territory with in a specified time and /or in a specified
order
Under the state issued franchise model proposed in AB 2987, the
---------------------------
<1> Petition for Declaratory Ruling that AT &T's Phone- to- Phone
IP Telephony Services are Exempt from Access Charges, WC Docket
No 02 -361, Order, 19 FCC Rcd 7457
AB 2987
Page I
requirement that video providers cannot discriminate is
maintained The bill explicitly prohibits companies from denying
access to new services based on income However, instead of
requiring a state agency to dictate when and where the companies
must deploy the services, this bill used the following method
The new companies can make their own decision on where to build,
but to assure that they are not redlining, video providers will
be required to file annual reports on where they are offering
services and on the demographics of those areas These reports
can be used to verify if the companies have discriminated and
can be used in a court action to enjoin further discriminatory
action by the company or to fine the company for its past
actions
Cable operators and some local governments believe that the only
way to assure all areas of the state receive the advantages of
competition and access to the new broadband internet networks is
to require the new entrants to build out to the entirety of a
predefined service area. The service area could be the areas
serviced by existing franchises, an area already served by a
telephone company, or an area defined by the DOC Theses
parties are concerned that without these provisions, when new
entrants seek a franchise from the DOC they will define their
service territory to only include the most desirable areas of
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AB 2987 Assembly Bill - Bill Analysis
the state
Page 9 of 14
opponents of the bill are also concerned that the anti - redlining
provisions in AB 2987 allow new entrants to meet their
non - discriminatory requirements by using a variety of
technologies, including offering DES services The concern is
that since DES cannot be used to provide broadband internet
services, using a combination of direct wired connections to the
home and DES would result in some areas of the state having
access to new ultra -fast broadband services and other areas
without similar access
Additionally, some parties are concerned that the reports that
the video providers prepare for the state will not contain
sufficient information to verify if a company is actually
redlining The bill currently requires the companies to provide
information on the demographics of the service territory and of
the area of the service territory that has access to service
7) PEG Channels In almost all instances, local franchise
agreements require the video operator to offer a set number of
AB 2987
Page J
channels to provide (PEG) and to either provide the monetary or
in kind support needed to produce these shows AB 2987 continues
the obligation to provide the channels by requiring all video
providers to provide the capacity for the same number of PEG
channels the incumbent cable operator provides If there is no
incumbent operator, then the video provider must provide either
2 or 3 channels, depending on the population of the area to be
served
The bill then requires a new entrant to pay a pro -rata share of
any on going cash obligations the incumbent operator has to
support the production of PEG programming If the incumbent does
not have any ongoing expenses, but instead provides in kind
support such as producing shows themselves, the new entrant will
have no obligation
support If there is no local franchise or after the
incumbent's local franchise expires, all video providers will be
obligated to pay a 18 fee or the pro -rata share they paid under
the prior franchise agreement to support PEG programming
Opponents of the bill argue that these provisions could result
in less monetary support of PEG programming The intent of the
authors and of this language is to insure that the PEG
obligations that are required today are maintained The
difficulty comes in devising a way to support PEG when the
market switches from one provider to multiple providers without
requiring each company to provide separate, redundant production
facilities The bill tries to address this by requiring all 1 O
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AB 2987 Assembly Bill - Bill Analysis
companies to provide cash contributions in support of PEG and
then allows the local governments to either produce the PEG
programming themselves, or contract out for the services
Depending on the existing franchise agreements this mechanism
could result in a reduction in PEG contributions over time in
some areas, but would also result in an increase in
contributions in other areas
Page 10 of 14
Technical amendment_ On page 15 lines 17 through 19, delete
"at the holder's election, the per subscriber fee that was
paid by the holder to the local entity pursuant to
subdivision (h) " This language could result in a video
provider paying no money in support of PEG programming,
which is not the authors' intent of the bill
8) I -net . Many franchise agreements require the video operator
to provide free video and broadband service to public buildings
AE 2987
Page K
or I -net Continuing this requirement in markets that have
multiple competitors could lead to multiple, redundant
connections to public building or some providers offering I -net
services while others do not To address this problem, the bill
initially requires the incumbent provider to continue to provide
I -net services, but once the local franchise expires the bill
allows the local governments to fund I -net service using a
portion of the fees paid by each video provider in support of
the PEG programming
9) Consumer protection State law currently contains a thorough
set of consumer service and performance standards The local
franchising authority enforces the standards Some franchise
agreements also adopt additional or more stringent standards
This means the consumer protection rules for video service
varies from jurisdiction to jurisdiction and can even vary
within a jurisdiction if there are multiple franchises This
bill leaves the existing statewide rules in place but transfers
enforcement authority to the DOC.
Some local governments believe that the enforcement of the
consumer protection rules should be left with the local
entities First, consumers will have an easier time getting
problems resolved working through a local enforcement authority
than they will with the DOC Second, since the DOC does not
take enforcement actions today, they would need to create new
mechanisms and procedures to take on this role Given these
concerns the committee may—wish to consider amending7 bill to
leave the enforcement authority of the-state consumer protection
rules with the local entities
10) Right -of -way Local governments are concerned that this bill
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AB 2987 Assembly Bill - Bill Analysis
Page 11 of 14
will restrict their control over the public rights -of -way when
holders of the state issued franchise want to access the
right -of -way to run new wires The bill does provide that
holders do have a right to use the rights of way but only to the
extent that an existing telephone company does Local
governments have clear authority to regulate the time, place,
and manner in which telephone companies can access the
rights -of -way and the authority to collect the necessary
administrative fees to pay for the cities costs of permitting
and monitoring the telephone's access This bill applies the
same authority to holders of state issued franchises Even so,
the local governments believe the provisions should be clear in
the bill
AB 2987
Page L
11) Emergency notification Local governments are concerned that
this bill would not require holders of the state issued
franchise to broadcast message from the Emergency Management
Alert System This could hinder the government's ability to
communicate with the public in an emergency To assure that this
bill does not allow new entrants into the video market to avoid
broadcasting emergency messages the committee may wish to amend
the bill to make it an affirmative obligation of all holders of
statewide franchises to participate in the Emergency Management
Alert System, regardless of the technologies they use
12) Will telephone customers pay for video offerings _ The
representatives of the cable industry and The Utility Reform
Network (TURN) have raised concerns that without further
protections, telephone rates that are collected to fund basic
telephone service could be used to subsidize the installation
and operation of the telephone company's new video service which
could provide a competitive advantage at the ratepayer's
expense The basic telephone rates are intended to offset the
telephone company's actual costs of providing service and should
not be used to fund other company investments
REGISTERED SUPPORT/ OPPOSITION
Support
Alcatel
Alliance for Community Media
Asian Business Association
AT &T California
California Black Chamber of Commerce
California Chamber of Commerce
California Consumers United
California Independent Telephone Companies' (CITC) (if amended)
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California NAACP
California Small Business Association
California State Council of Laborers
Capitol Claims Services
CHARD Community Development Corporation
Citizens Against Regulatory Excesses (CARE)
Communications Workers of America (CWA)
Consumers First, Inc
Edmund G "Pat" Brown Institute of Public Affairs
_Opposition
Page 12 of 14
Access Sacramento
Adelphia Communications
Alliance for Community Media - Western States Region
Business Women for the Environment
California Cable & Telecommunications Association (CCTA)
California Common Cause
California State Association of Counties (CSAC)
Charter Communications - Inland Empire
City of Corona - Office of the Mayor
City of Coronado
City of Cypress
City of Elk Grove
City of Fairfield - Office of the Mayor
City of Lakewood
City of Monrovia
City of Moreno Valley
City of Pacifica
City of Pasadena - Office of the Mayor
City of Poway r 4
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AB 2967
Page M
Gateway to Silicon Valley
Intel
ITC
La Casa de San Gabriel Community Center
Latino Journal
Mexican American Opportunity Foundation
Microsoft Corporation
Milpitas Chamber of Commerce
Norman H Hui, D D S - Chair, California
Commission on APIA
Affairs
Pasadena Chamber of Commerce
Project Amiga
San Gabriel Valley National Association
for the Advancement of
Colored People (NAACP)
Self -Help for the Elderly
State Association of Electrical Workers
Sure West (if amended)
Verizon
_Opposition
Page 12 of 14
Access Sacramento
Adelphia Communications
Alliance for Community Media - Western States Region
Business Women for the Environment
California Cable & Telecommunications Association (CCTA)
California Common Cause
California State Association of Counties (CSAC)
Charter Communications - Inland Empire
City of Corona - Office of the Mayor
City of Coronado
City of Cypress
City of Elk Grove
City of Fairfield - Office of the Mayor
City of Lakewood
City of Monrovia
City of Moreno Valley
City of Pacifica
City of Pasadena - Office of the Mayor
City of Poway r 4
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J
City of Roseville
City of San Juan Capistrano - Office of the Mayor
City of Vista
City of Walnut Creek
City of West Hollywood
AB 2987
Page N
Comcast
County of Sacramento
Goleta Union School District
League of California Cities
Marin County Board of Supervisors
Media Alliance
Sacramento Educational Cable Consortium
The Santa Barbara Channels
The Town of Apple Valley
The Utility Reform Network (TURN)
Time Warner Cable
Upland Unified School District
Urban Counties Caucus
Youth Law Center
_Analysis Prepared by Edward Randolph / U & C / (916)
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League of California Cities
2006 05 -05
Telecom Reform Measures Pass Milestones in Washington D.C. and Sacramento
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Key committees in Congress and the California Legislature took action on telecommunications reform this week
In Congress, the House Energy and Commerce Committee conducted a mark up of the Communications Promotion and
Enhancement Act of 2006 ( "COPE ") this week and the measure passed out of the Committee It is headed to the House
floor on Thursday, May 4
Authored by Committee Chairman Joe Barton, R- Texas, and Bobby Rush, D -III , this measure would establish a national
franchise for new telecommunications video providers, regulated by the Federal Communications Commission (FCC)
The bill would allow current providers who operate under a local franchise to shift to the national franchise if a competitor
began offering service in the same service area
The panel rejected amendments that would have added language aimed at including build out requirements for telecom
providers The proposal also strengthens anti - discrimination provisions These include a League - supported compromise
amendment by Congresswoman Hilda Solis (D- Calif) to include build out provisions, which failed on a vote of 33 -23 The
compromise amendment would have phased build out after five years in a franchise area if a company's service has
been subscribed to by 15 percent of the households it reaches
California representatives on the Committee, Mary Bono (R -45) and George Radanowch (R -19), voted against the build
out provision Without the amendment or similar language, the bill contains no build out requirements Build out
requirements are necessary to ensure all areas in a community will have access to those services
As Congresswoman Solis indicated in her remarks, "Without this amendment, many neighborhoods will not share in
cable competition and will risk seeing worse service and higher prices for their existing cable services "
Chairman Barton did agree to somewhat strengthened anti - discrimination provisions that could impose greater
restrictions on new video entrants The anti - discrimination provisions require national franchises to cover the same areas
as the existing cable operator(s) New entrants would not have to offer service within their entire areas but would have to
abide by anti - discrimination rules within those regions
The committee also rejected amendments that would have retained local governments' control and oversight over their
local streets and sidewalks -their public rights -of -way Instead, the bill gives the Federal Communications Commission
(FCC), 3,000 miles away in Washington, D C , control and oversight
The League urges cities to call their Representatives and ask for a "NO" vote unless the bill is amended to meet these
concerns As the full House is expected to take this measure up next week, it is important to act immediately
In making these calls, please refer to the Video FranchisggTruth White Paler, located at www nlc org, which lays out the
real facts and myths on key local government amendments, prepared by the National League of Cities, U S Conference
of Mayors, and additional local and state organizations
Assembly Committee Passes AB 2987
Also this week, the Assembly Utilities and Commerce Committee passed on a 10 -0 vote (with one member not voting) AB
2987, authored by Assembly Speaker Fabian Nunez and committee chairman Lloyd Levine (D -Van Nuys)
The vote to move the bill out of committee came after a lengthy hearing of more than two hours During that time,
supporters and opponents argued about whether the measure would achieve its stated goals of promoting competition in
video services, providing consumers with more choice, lowering prices, speeding the deployment of new communication
and broadband technologies, creating jobs and benefiting the California economy
The committee action was not unexpected, particularly given the influence of the two authors In meetings with the
Speaker's staff, the League had received a receptive hearing of some, if not necessarily all local agency issues and
concerns League staff was informed that the bill would likely be placed on the Assembly Appropriations Suspense File
(reserved for bills with significant fiscal impacts)
During its time on the suspense file, concerns raised by local agencies and others would be considered These concerns
include build -out provisions (protection against red - lining), consumer protection, maintaining public, education and
government (PEG) programming and stations, institutional (INET) services for schools, libraries and other governmental
buildings, definition of gross revenues and other issues
The League urges cities to review this measure, and to write to their legislators about the impacts that the bill would have
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League of California Cities
Page 2 of 2
on their city To access a sample letter and talking points, visit the League's websde at www cacities o>l/telecom, or the
League's online Advocacy Center at www cacities org /advocate center
Tips for Effective Advocacy
Remember that personal contacts with your representatives are going to carry the most weight - a phone call, a visit to
the district office, some type of personal meeting You can use the talking points on the League's Advocacy Center to
help get the conversation going Second in the order of effectiveness a faxed letter - on your letterhead - sent to your
member
Finally, if you don't have time for the other options, use e-mail It's available on the Advocacy Center to make it
easy for you to bean advocate for your city It's much better than not writing at all
last updated 4/28200b
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AMENDED IN ASSEMBLY APRIL 6, 2006
AMENDED IN ASSEMBLY MARCH 30, 2006
CALIFORNIA LEGISLATURE - 2005 -o6 REGULAR SESSION
ASSEMBLY BILL No. 2987
Introduced by Assembly Members Nunez and Levine
February 24, 2006
An act to add Article 3 7 (commencing with Section 53058) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
relating to cable and video service
LEGISLATIVE COUNSEL'S DIGEST
AB 2987, as amended, Nunez Cable and video service
Existing law provides that any city -or, county, or city and county
may authorize by franchise or license the construction and operation
of a community antenna television system and prescribe rules and
regulations to protect the subscribers Existing law provides that cable
and video service providers comply with specified customer service
standards and performance standards
This bill would establish a procedure for state - issued authorizations
for the provision of cable service or video service that would be
administered by the Department of Corporations The department
would be the sole franchising authority of state - issued authorizations
to provide cable or video services The bill would require any person
who seeks to provide cable service or video service in this state to file
an application with the department for a state - issued authorization
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Current franchise holders would be eligible to apply for state - issued
authorizations on the expiration of their current franchise agreements
Cities, counties, or cities and counties would receive fees for cable or
video services provided within their jurisdictions, based on gross
revenues, pursuant to specified procedures The bill would require
these local agencies to permit the installation of networks by holders
of state - issued authorizations and would preclude enforcement of
standards by the local agencies
Vote majority Appropriation no Fiscal committee aayes
State - mandated local program no
The people of the State of California do enact as follows
SECTION 1 Article 3 7 (commencing with Section 53058) is
added to Chapter I of Part I of Division 2 of Title 5 of the
Government Code, to read
5 Article 3 7 The Digital Infrastructure and lydeo Competition
6 Act of 2006
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8 53058 This act shall be known and may be cited as the
9 Digital Infrastructure and Vdeo Competition Act of 2006
10 53058 1 (a) This article shall be known and may be cited as
11 the Digital Infrastructure and Video Competition Act of 2006
12 (b) The Legislature finds and declares all of the following
13 (1) Video and cable services provide numerous benefits to all
14 Californians including access to a variety of news, public
15 information, education, and entertainment programming
16 (2) Increased competition in the cable and video service sector
17 provides consumers with more choice, lowers prices, speeds the
18 deployment of new communication and broadband technologies,
19 creates jobs, and benefits the California economy
20 (3) To promote competition, the state should establish a
21 state - issued franchise authorization process that allows market
22 participants to use their networks and systems to provide video,
23 voice, and broadband services to all residents of the state
24 (4) Legislation to develop this new process should adhere to
25 the following principles
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I (i) Create a fair and level playing field for all market
2 competitors that does not disadvantage or advantage one service
3 provider or technology over another
4 (u) Promote the widespread access to the most technologically
5 advanced cable and video services to all California communities
6 in a nondiscriminatory manner regardless of socioeconomic
7 status
8 (in) Protect local government revenues and their control of
9 public rights of way
10 (ty) Require market participants to comply with all applicable
11 consumer protection laws
12 (v) Complement efforts to increase investment in broadband
13 infrastructure and close the digital divide
14 (vi) Continue access to and maintenance of the public,
15 education, and government (PEG) channels
16 53058 2 For purposes of this article, the following words
17 have the following meanings
18 (a) "Cable operator" means any person or group of persons
19 that either provides cable service over a cable system and
20 directly, or through one or more affiliates, owns a significant
21 interest in a cable system, or that otherwise controls or is
22 responsible for, through any arrangement, the management and
23 operation of a cable system, as set forth in Section 522(5) of Title
24 47 of the United States Code
25 (b) "Cable service" is defined as the one -way transmission to
26 subscribers of either video programming, or other programming
27 service, and subscriber interaction, f any, that is required for the
28 selection or use of video programming or other programming
29 service, as set forth in Section 522(6) of Title 47 of the United
30 States Code
31 (c) "Cable system" is defined as set forth in Section 522(7) of
32 Title 47 of the United States Code
33 (d) "Department" means the Department of Corporations
34 (e) "Franchise" means an initial authorization, or renewal of
35 an authorization, issued by a franchising entity, regardless of
36 whether the authorization is designated as a franchise, permit,
37 license, resolution, contract, certificate, agreement, or otherwise,
38 that authorizes the construction and operation of a cable system
39 in public rights -of -way
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()9 "Franchising entity" means the city, county, or city and
county entitled to require franchises and impose fees on cable
operators, as set forth in Section 53066
(g) "Incumbent cable operator" means the cable operator
serving the largest number of cable subscribers in a particular
city, county, or city and county franchise area on the effective
date of this article
(h) "Local entity" means any city, county, or city and county
within the state within whose jurisdiction a holder of a
state - issued authorization under this article may provide cable
service or video service
(r) "Network" means a component of a facility that is wholly
or partly physically located within a public right -of -way and that
is used to provide video service, cable service, or voice or data
services
0) `Public right -of -way" means the area along and upon any
public road or highway, or along or across any of the waters or
lands within the state
(k) "Subscriber" means a person who lawfully receives cable
service or video service from the holder of a state - issued
authorization or franchise for a fee
(1) "Video programming" means programming provided by,
or generally considered comparable to programming provided
by, a television broadcast station, as set forth in Section 522(20)
of Title 47 of the United States Code
(m) "Video service" means video programming services
provided through wireline facilities located at least in part in
public rights -of -way without regard to delivery technology,
including Internet protocol technology This definition does not
include any video programming provided by a commercial
mobile service provider defined in Section 322(d) of Title 47 of
the United States Code
(n) "Vdeo service provider" means an entity providing video
service This term does not include a cable operator
53058 3 (a) The Department of Corporations is the sole
franchising authority for a state - issued authorization to provide
cable service or video service under this article Neither the
department nor any franchising entity or other local entity of the
state may require the holder of a state - issued authorization to
obtain a separate franchise or otherwise impose any fee or
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requirement on any holder of a state - issued authorization except
as expressly provided in this article Sections 53066, 53066 01,
53066 2, and 53066 3 shall not apply to holders of a state - issued
authorization
(b) The application process described in subdivisions (d) and
(e) and the authority granted to the department under this section
shall not exceed the provisions set forth in this section
(c) Any person who seeks to provide cable service or video
service in this state after the effective date of this article shall file
an application for a state - issued authorization with the
department The department may impose a fee on the applicant
that shall not exceed the actual and reasonable costs of
processing the application and shall not be levied for general
revenue purposes
(d) The application for a state - issued authorization shall be
made on a form prescribed by the department and shall include
all of the following
(1) A sworn affidavit, signed by an officer or another person
authorized to band the applicant, that affirms all of the following
(A) That the applicant has filed or will timely file with the
Federal Communications Commission all forms required by the
Federal Communications Commission before offering cable
service or video service in this state
(B) That the applicant agrees to comply with all federal and
state statutes, rules, and regulations, including, but not limited
to, the following
(i) A statement that the applicant will not discriminate in the
provision of video or cable services as provided in Section
530587
(n) A statement that the applicant will abide by all applicable
consumer protection laws and rules as provided in Section
530588
(in) A statement that the applicant will remit the fee required
by Section 53058 4 to the local entity
(w) A statement that the applicant will provide PEG channels
as required by Section 53058 5
(C) That the applicant agrees to comply with all lawful city,
county, or city and county regulations regarding the time, place,
and manner of using the public rights -of -way
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(2) The applicant's legal name and any name under which the
applicant does or will do business in this state
(3) The address and telephone number of the applicant's
principal place of business, along with contact information for
the person responsible for ongoing communications with the
department
(4) The names and titles of the applicant's principal officers
(S) The legal name, address, and telephone number of the
applicant's parent company, if any
(6) A description of the service area footprint to be served
including the social economic information of all residents within
the service area footprint
(7) If the applicant is a telephone corporation, as defined in
Section 234 of the Public Utilities Code, a description of the
territory in which the company provides telephone service The
description shall include social economic information of all
residents within in the telephone corporation's service territory
(8) The expected date for the deployment of video service in
each of the areas identified in paragraph (6)
(e) (1) The department shall note an applicant for a
state - issued authorization whether the applicant's affidavit
described by subdivision (d) is complete or incomplete before the
30th calendar day after the applicant submits the affidavit
(2) If the department finds the affidavit is complete, it shall
issue a certificate of state - issued authorization before the 14th
calendar day after that finding
(3) If the departmentfinds that the application is incomplete, it
shall specify with particularity the items in the application that
are incomplete and permit the applicant to amend the application
to cure any deficiency The department shall have 30 calendar
days from the date the application is amended to determine its
completeness
(4) The failure of the department to notify the applicant of the
completeness or incompleteness of the applicant's affidavit
before the 44th calendar day after receipt of an affidavit shall be
deemed to constitute issuance of the certificate applied for
without further action on behalf of the applicant
(0 The state- issued authorization issued by the department
shall contain all of the following
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(1) A grant of authority to provide cable service or video
service, or both, in the service area footprint as requested in the
application
(2) A grant of authority to use the public rights -of -way in the
delivery of that service, subject to the laws of this state
(3) A statement that the grant of authority is subject to lawful
operation of the cable service or video service by the applicant
or its successor in interest
(g) The state - issued authorization issued by the department
may be terminated by the cable operator or video service
provider by submitting notice to the department
(h) Subject to the notice requirements of this article, a
state - issued authorization may be transferred to any successor in
interest of the holder to which the certificate is originally
granted
(i) In connection with, or as a condition of receiving a
state - issued authorization, the department shall require a holder
to notify the department and any applicable local entity within 14
business days of any of the following changes involving the
holder or the state - issued authorization
(1) Any transaction involving a change in the ownership,
operation, control, or corporate organization of the holder,
including a merger, an acquisition, or a reorganization
(2) A change in the holder's legal name or the adoption of or
change to, an assumed business name The holder shall submit to
the department a certified copy of either of the following
(A) The amended state - issued authorization
(B) The certificate of assumed business name
(3) A change in the holder's principal business address or in
the name of the person authorized to receive notice on behalf of
the holder
(4) Any transfer of the state - issued authorization to a
successor in interest of the holder The holder shall identify the
successor in interest to which the transfer is made
(5) The termination of any state - issued authorization issued
under this article The holder shall identify both of the following
(A) The number of customers in the service area covered by
the state - issued authorization being terminated
(B) The method by which the holder's customers were notified
of the termination
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1 (6) A change in one or more of the service areas of this article
2 that would increase or decrease the territory within the service
3 area The holder shall describe the new boundaries of the
4 affected service areas after the proposed change is made
5 (l) As a condition of receiving a state - issued authorization, the
6 holder shall notify all applicable local entities that the local
7 entity is included in the holder's service area under the
8 state - issued authorization being issued and that the holder
9 intends to provide video or cable service in the local entity's
10 jurisdiction The holder shall give the notice required under this
11 subdivision not later than 10 days before the holder begins
12 providing video or cable service in the local entity's jurisdiction
13 (k) The department shall develop information guides and other
14 tools to help educate local entitles and other interested parties
15 about the various provisions of this article
16 530584 (a) The holder of state - issued authorization that
17 offers cable service or video service within the jurisdiction of the
18 local entity shall calculate and remit to the local entity a
19 state - issued authorization fee, as provided in this section The
20 obligation to remit the state - issued authorization fee to a local
21 entity begins immediately upon provision of cable or video
22 service within that local entity's jurisdiction However, the
23 remittance shall not be due until the time of the first quarterly
24 payment required under subdivision (g) that is at least 180 days
25 after the provision of service began The fee remitted to a city or
26 city and county shall be based on gross revenues earned within
27 that jurisdiction The fee remitted to a county shall be based on
28 gross revenues earned within the unincorporated area of the
29 county No fee under this section shall become due unless the
30 local entity provides documentation to the holder of the
31 state - issued authorization supporting the percentage paid by the
32 incumbent cable operator serving the area within the local
33 entity's jurisdiction, as provided below The fee shall be
34 calculated as a percentage of the holder's gross revenues, as
35 defined in subdivision (d)
36 (b) The state - issued authorization fee shall he a percentage of
37 the holder's gross revenues, as defined in subdivision (d), as
38 follows
39 (1) If there is an incumbent cable operator, 5 percent of the
40 holder's gross revenues or the percentage applied by the local
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entity to the gross revenue of the incumbent cable operator,
whichever is lesser
(2) If there is no incumbent cable operator or upon the
expiration of the incumbent cable operator's franchise, a local
entity may, by ordinance, set the percentage applied to the gross
revenues of all cable operators and video service providers,
provided that the fee shall not exceed 5 percent ofgross revenues
and shall be applied equally to all cable operators and video
service providers in the local entity's jurisdiction
(e) No local entity or any other political subdivision of this
state may demand any additional fees or charges or other
remuneration of any kind from the holder of a state - issued
authorization other than as set forth in this section and may not
demand the use of any other calculation method or definition of
gross revenues However, nothing in this section shall be
construed to limit a local entity's ability to impose utility user
taxes under other applicable provisions of state law
(d) For purposes of this section, the term `gross revenues"
means all revenue actually received by the holder of a
state - issued authorization, as determined in accordance with
generally accepted accounting principles, that is derived from
the operation of the holder's network to provide cable or video
service within the,jurisdiction of the local entity, including all of
the following
(1) All charges billed to subscribers for any and all cable
service or video service provided by the holder of a state - issued
authorization
(2) Any fees imposed on the holder of a state - issued
authorization by this section that are passed through to, and paid
by, the subscribers
(3) Compensation received by the holder of a state - issued
authorization that is derived from the operation of the holder's
network to provide cable service or video service with respect to
commissions that are paid to the holder of a state - issued
authorization as compensation for promotion or exhibition of any
products or services on the holder's network, such as a "home
shopping" or similar channel, subject to paragraph (4) of
subdivision (e)
(4) A pro rata portion of all revenue derived by the holder of a
state - issued authorization or its affiliates pursuant to
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compensation arrangements for advertising derived from the
operation of the holder's network to provide cable service or
video service within thejurisdzct:on of the local entity, subject to
paragraph (1) of subdivision (e) The allocation shall be based
on the number of subscribers in the local entity divided by the
total number ofsubscribers in relation to the relevant regional or
national compensation arrangement
(e) For purposes of this section, the term "gross revenue" set
forth to subdivision (d) does not include any of the following
(1) Amounts not actually received, even of billed, such as bad
debt, refunds, rebates, or discounts to subscribers or other third
parties, or revenue imputed from the provision of cable services
or video services for free or at reduced rates to any person as
required or allowed by law, including, but not limited to, the
provision of these services to public institutions, public schools,
governmental agencies, or employees other than forgone revenue
chosen not to be received in exchange for trades, barters,
services, or other items of value
(2) Revenues received by any affiliate or any other person to
exchange for supplying goods or services used by the holder of a
state - issued authorization to provide cable services or video
services However, revenue received by an affiliate of the holder
from the affiliate's provision of cable or video service shall be
included in gross revenue as follows
(A) To the extent that treating the revenue as revenue of the
affiliate, instead of revenue of the holder, would have the effect of
evading the payment of fees that would otherwise be paid to the
local entity
(B) The revenue is not otherwise subject to fees to be paid to
the local entity
(3) Revenue derived from services classfed as noncable
services or nonvtdeo services under federal law, including, but
not limited to, revenue derived from telecommunications services
and information services, and any other revenues attributed by
the holder of a state - issued authorization to noncable services or
nonvrdeo services to accordance with Federal Communications
Commission rules, regulations, standards, or orders
(4) Revenue paid by subscribers to "home shopping" or
similar networks directly from the sale of merchandise through
any home shopping channel offered as part of the cable services
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or video services However, commissions or other compensation
paid to the holder of a state - issued authorization by "home
shopping" or similar networks for the promotion or exhibition
products or services shall be included in gross revenue
(5) Revenue from the sale of cable services or video services
for resale in which the reseller is required to collect a fee similar
to the state - issued authorization fee from the reseller's
customers
(6) Amounts billed to and collected from subscribers to
recover any tax, fee, or surcharge imposed by any governmental
entity on the holder of a state - issued authorization, including, but
not limited to, sales and use taxes, gross receipts taxes, excise
taxes, utility users taxes, public service taxes, communication
taxes, and any other fee not imposed by this section
(7) Revenue from the sale of capital assets or surplus
equipment not used by the purchaser to receive cable services or
video services from the seller of those assets or surplus
equipment
(8) Revenue from directory or Internet advertising revenue,
including, but not limited to, yellow pages, white pages, banner
advertisement, and electronic publishing
(9) Revenue received as reimbursement by programmers of
marketing costs incurred by the holder of a state - issued
authorization for the introduction of new programming
(10) Security deposits received from subscribers, excluding
security deposits applied to the outstanding balance of a
subscriber's account and thereby taken into revenue
69 For purposes of this section, in the case of a cable service
or video service that may be bundled or integrated functionally
with other services, capabilities, or applications, the state - issued
authorization fee shall be applied only to the gross revenue, as
defined in subdivision (d), attributable to cable service or video
service, as reflected on the books and records of the holder kept
in the regular course of business in accordance with generally
accepted accounting principles and Federal Communications
Commission or Public Utilities Commission rules, regulations,
standards, and orders, as applicable
(g) The state - issued authorization fee shall be remitted to the
applicable local entity quarterly, within 45 days after the end of
the quarter for the preceding calendar quarter Each payment
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shall be accompanied by a summary explaining the basis for the
calculation of the state - issued authorization fee
(h) Not more than once annually, a local entity may examine
the business records of a holder of a state - issued authorization to
the extent reasonably necessary to ensure compensation in
accordance with subdivision (a) Each party shall bear its own
costs of the examination Any claims by a local entity that
compensation is not in accordance with subdivision (a), and any
claims for refunds or other corrections to the remittance of the
holder of a state - issued authorization, shall be made within three
years and 45 days of the end of the quarter for which
compensation is remitted, or three years from the date of the
remittance, whichever is later Either a local entity or the holder
may, in the event of a dispute concerning compensation under
this section, bring an action in a court of competent jurisdiction
(i) The holder of a state - issued authorization may identify and
collect the amount of the state - issued authorization fee as a
separate line item on the regular bill of each subscriber
53058 5 (a) The holder of a state - issued authorization shall
designate a sufficient amount of capacity on its network to allow
the provision of a comparable number of PEG channels or hours
of programming, at the holder's discretion, that the incumbent
cable operator has activated and provided within the local entity
under the terms of any franchise in effect in the local entity as of
the effective date of this article For the purposes of this section,
a PEG channel is deemed activated if it is being utilized for PEG
programming within the municipality for at least eight hours per
day The holder shall have 12 months from the date the local
entity requests the PEG channels to designate the capacity
However, the 12 -month period shall be tolled by any period
during which the designation or provision of PEG channel
capacity is technically infeasible, including any failure or delay
of the incumbent cable operator to make adequate
interconnection available, as required by this subdivision
(b) If no PEG channels are activated and provided within the
local entity as of the effective date of this article, a local entity
whose jurisdiction hes within the authorized service area of the
holder of a state - issued authorization may request the holder to
designate not more than a total of three PEG channels in a
locality with a population of more than 50,000, or not more than
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a total of two PEG channels in a locality with a population of
less than 50, 000, as determined by the last decennial census
The holder shall have 12 months from the date of the request to
designate the capacity However, the 12 -month period shall be
tolled by any period during which the designation or provision of
PEG channel capacity is technically infeasible, including any
failure or delay of the incumbent cable operator to make
adequate interconnection available, as required by this
subdivision
(c) Any PEG channel provided pursuant to this section that is
not utilized by the local entity for at least eight hours per day
may no longer be made available to the local entity, and may be
programmed at the holder's discretion At the time that the local
entity can certify to the holder a schedule for at least eight hours
of daily programming, the holder of the state - issued
authorization shall restore the channel or channels for the use of
the local entity
(d) The content to be provided over the PEG channel capacity
provided pursuant to this section shall be the responsibility of the
local entity receiving the benefit of that capacity, and the holder
of a state - issued authorization bears only the responsibility for
the transmission of that content, subject to technological
restraints
(e) The local entity shall ensure that all transmissions,
content, or programming to be transmitted by a holder of a
state - issued authorization are provided or submitted in a manner
or form that is capable of being accepted and transmitted by the
holder, without any requirement for additional alteration or
change in the content by the holder, over the holder's particular
network, and that is compatible with the technology or protocol
utilized by the holder to deliver services The provision of those
transmissions, content, or programming to the holder of a
state - issued authorization shall constitute authorization for the
holder to carry those transmissions, content, or programming,
including, at the holder's option, beyond the jurisdictional
boundaries of that local entity
(/) Where technically feasible, the holder of a state - issued
authorization and an incumbent cable operator shall negotiate in
good faith to interconnect their networks for the purpose of
providing PEG programming Interconnection may be
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accomplished by direct cable, microwave link, satellite, or other
reasonable method of connection Holders of a state - issued
authorization and incumbent cable operators shall provide
interconnection of PEG channels on reasonable terms and
conditions and may not withhold the interconnection If a holder
of a state - issued authorization and an incumbent cable operator
cannot reach a mutually acceptable interconnection agreement,
then the duty of the holder of a state - issued authorization shall be
discharged if the holder makes interconnection available to the
channel originator at a technically feasible point on the holder's
network
(g) A holder of a state - issued authorization shall not be
required to interconnect for, or otherwise to transmit, PEG
content that is branded with the logo, name, or other identifying
marks of another cable operator or video service provider The
local entity may require a cable operator or video service
provider to remove its logo, name, or other identifying marks
from PEG content that is to be made available through
interconnection to another provider of PEG capacity
(h) After the effective date of this article and until the
expiration of the incumbent cable operator's franchise, if the
incumbent cable operator has existing unsatisfied obligations
under the franchise to remit to the local entity any cash payments
for the ongoing capital costs of public educational and
governmental access channel facilities, the local entity shall
divide those cash payments among all cable or video providers
as provided in this section The fee shall be the holder's pro rata
per subscriber share of the cash payment required to be paid by
the incumbent cable operator to the local entity for the capital
costs of public, educational, and governmental access channel
facilities
(i) In determining the fee on a pro rata per subscriber basis,
all cable and video service providers shall report, for the period
in question, to the local entity the total number of subscribers
served with the local entity's jurisdiction, which shall be treated
as confidential by the local entity and shall be used only to derive
the per subscriber fee required by this section The local entity
shall then determine the payment due from each provider based
on a per subscriber basis for the period by multiplying the
unsatisfied cash payments for the ongoing capital costs ofpublic,
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_15— AB 2987
educational, and governmental access channel facilities by a
ratio of the reported subscribers of each provider to the total
subscribers within the local entity as of the end of the period The
local entity shall notify the respective providers, in writing, of the
resulting pro rata amount After the notice, any fees required by
this section shall be remitted to the applicable local entity
quarterly, within 45 days after the end of the quarter for the
preceding calendar quarter, and may only be used by the local
entity as authorized under federal law
6) Upon the expiration of the incumbent cable operator's
franchise or if there is no local franchise, the holder or holders
of a state - issued authorization shall pay the local entity, in whose
jurisdiction it is offering cable or video service, a fee to support
the capital costs ofpublic, educational, andgovernmental access
channel facilities and to support of institutional networkfacilities
equal to 1 percent of the holder's gross revenues, as defined in
Section 53058 4, earned in the local entity or at the holder's
election, the per subscriberfee that was paid by the holder to the
local entity pursuant to subdivision (h) The local entity may only
use the fee for purposes allowed under federal law The payment
required by this subdivision shall not become due and payable
until the expiration of the incumbent cable operator's franchise,
or 180 days after the local entity nodes the holder of the
expiration, whichever is later
(k) The following services shall continue to be provided by the
incumbent cable operator that was furnishing services pursuant
to a franchise until January 1, 2008, or until the term of the
franchise expires, whichever is later
(1) PEG production or studio facthties
(2) Institutional network capacity, however defined or referred
to in the incumbent cable operator's franchise, but generally
referring to a private line data network capacity for use by the
local entity for noncommercial purposes
(3) Cable services to community public buildings, such as
municipal buildings and public schools
(1) The holder of a state - issued authorization may recover the
amount of any fee remitted to a local entity under this section by
billing a recovery fee as a separate line item on the regular bill
of each subscriber
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(m) A court of competent jurisdiction shall have exclusive
jurisdiction to enforce any requirement under this section or
resolve any dispute regarding the requirements set forth in this
section, and no provider may by barred from the provision of
service or be required to terminate service as a result of that
dispute or enforcement action
53058 6 (a) The local entity shall allow the holder of a
state - issued authorization under this article to install, construct,
and maintain a network within public rights -of -way under the
same terms and conditions as applicable to telephone
corporations, as defined under Section 234 of the Public Utilities
Code, under applicable state and federal law
(b) A local entity may not enforce against the holder of a
state - issued authorization any rule, regulation, or ordinance that
purports to allow the local entity to purchase or force the sale of
a network
53058 7 (a) A cable operator or video service provider that
has been granted a state - issued authorization under this article
may not discriminate against or deny access to service to any
group ofpotential residential subscribers because of the income
of the residents in the local area in which the group resides, as
required by Section 541(a)(3) of Title 47 of the United States
Code
(b) The holder of a state - issued authorization shall have a
reasonable period of time to become capable of providing cable
service or video service to all households within the designated
service area footprint as defined in as defined in paragraph (6)
of subdivision (d) of Section 53058 2 and may satisfy the
requirements of this section through the use of (1) direct -to -home
satellite service or (2) another alternative technology that
provides comparable content, service, and functionality
(C) Within 36 months after issuance of the holder's first
state - issued authorization, and then annually for seven
additional years, the holder shall report the extent to which cable
or video service is available to potential subscribers within the
holder's service area, including all of the following
(1) The demographics of the service area
(2) The percentage of homes in the service area that have
access to service
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—17— AB 2987
(3) The demographics of the portion of the service area that
has access to service
(4) The technology used by the holder to provide access to
service
The report shall be filed with the Legislature, the department,
the Governor, and the Attorney General, and posted on the
holder's Web site The holder shall not be required to report
competitively sensitive information
(c) If there is a violation, the exclusive remedy for enforcing
the provisions of this section shall be an action in a court of
competent jurisdiction brought by the local entity, the district
attorney of the county in which the local entity is located, or the
Attorney General on behalf of the department At least 60 days
before bringing an action, the enforcement entity shall serve the
holder of the state - issued authorization under this article with a
notice setting out the alleged violation and stating that an action
may be brought unless the provider, within the 60 -day notice
period, corrects the alleged violation or enters into a binding
agreement to correct the violation The notice shall contain a
sufficiently detailed description of the alleged violation to enable
the holder of the state - issued authorization to make a speck
response If the holder of the state issued franchise does not
timely enter into a binding agreement to correct the violation,
then the matter shall proceed before the court of competent
jurisdiction
(d) If the court finds that the holder of the state issued
franchise is in willful violation of Section 53058 7 herein, it may,
in addition to any other remedies provided by law, impose a fine
not to exceed I percent of the holder's total gross revenue of its
entire cable and service footprint in the state in the full calendar
month immediately prior to the decision
53058 8 The holder of a state - issued authorization shall
comply with the provisions of Sections 53055, 530551, 53055 2,
and 53088 2 A franchising or local entity may not adopt or seek
to enforce any additional or different customer service or other
performance standards under Section 53055 3, subdivision (q),
(r), or (s) of Section S3088 2, or under any other authority or
provision of law Any reporting or enforcement authority in those
sections shall instead be assigned solely to the department
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—18—
1 53058 9 (a) The holder of a state - issued authorization shall
2 perform background checks of applicants for employment,
3 according to current business practices
4 (b) A background check equivalent to that performed by the
5 holder shall also be conducted on all of the following
6 (1) Persons hared by a holder under a personal service
7 contract
8 (2) Independent contractors and their employees
9 (3) Vendors and their employees
10 (c) Independent contractors and vendors shall certify that they
11 have obtained the background checks required pursuant to
12 subdivision 61, and shall make the background checks available
13 to the holder upon request
14 (d) Except as otherwise provided by contract, the holder of a
15 state - issued authorization shall not be responsible for
16 administering the background checks and shall not assume the
17 costs of the background checks of individuals who are not
18 applicants for employment of the holder
19 (e) (1) Subdivision (a) only applies to applicants for
20 employment for positions that would allow the applicant to have
21 direct contact with or access to the holder's network, central
22 office, or customer premises, and perform activities that involve
23 the installation, service, or repair of the holder's network or
24 equipment
25 (2) Subdivision (b) only applies to person that have direct
26 contact with or access to the holder's network, central office, or
27 customer premises, and perform activities that involve the
28 installation, service, or repair of the holder's network or
29 equipment
30 69 This section does not apply to temporary workers
31 performing emergency functions to restore the network of a
32 holder to its normal state in the event of a natural disaster or an
33 emergency that threatens or results in the loss ofservice
34 5305810 (a) A holder of a state - issued authorization
35 employing more than 750 total employees shall annually report
36 to the department all of the following
37 (1) The number of California residents employed by the
38 workforce, calculated on a full -time or full -time equivalent basis
39 (2) The percentage of the holder's total domestic workforce,
40 calculated on a full -time or full -time equivalent basis
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_19— AB 2987
1 (3) The number of California residents employed by
2 independent contractors and consultants hared by the holder,
3 calculated on a full -time or full -time equivalent basis, when the
4 holder has obtained this information upon requesting it from the
5 independent contractor or consultant, and the holder is not
6 contractually prohibited from disclosing the information to the
7 public This paragraph applies only to those employees of an
8 independent contractor or consultant that are personally
9 providing services to the holder, and does not apply to employees
10 of an independent contractor or consultant not personally
11 performing services for the holder
12 (b) The department shall annually report the information
13 required to be reported by holders of state - issued authorizations
14 pursuant to subdivision (a), to the Assembly Committee on
15 Utilities and Commerce and the Senate Committee on Energy,
16 Utilities and Communications, or their successor committees,
17 and within a reasonable time thereafter, shall make the
18 information available to the public on its Internet Web site
19 53058 11 (a) The provisions of this article are intended to
20 be consistent with the Federal Cable Act (47 US C Sec 521 et
21 seq)
22 (b) Nothing in this section shall be interpreted to prevent a
23 voice provider, cable operator or video service provider, or local
24 entity from seeking clarification of its rights and obligations
25 under federal law or from exercising any right or authority under
26 federal or state law
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AB 2987 —20—
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Search Results - THOMAS (Library of Congress)
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H.R.5252
Title: To promote the deployment of broadband networks and services.
Sponsor: Rep Barton Joe [TX -6) (Introduced 5/1/2006) Cosponsors (25)
Latest Major Action: 5/1/2006 Referred to House committee. Status: Referred to the
House Committee on Energy and Commerce.
Jump to. Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related
BIII Details, Amendments
SUMMARY:
** *NONE * **
MAJOR ACTIONS:
** *NONE * **
ALL ACTIONS:
5/1/2006:
Referred to the House Committee on Energy and Commerce
TITLE(S): (italics indicate a title for a portion of a bill)
** *NONE * **
COSPONSORS(25), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort- by
date)
Rep Bass, Charles F. [NH -2] - 5/2/2006 Rep Blackburn, Marsha [TN -7] - 5/1/2006
Rep Bono, Mary [CA -45] - 5/2/2006 Rep Burgess, Michael C. [TX -26) - 5/1/2006
Rep Butterfield G. K. [NC -1] - 5/2/2006 Rep_ Buyer, Steve [IN -4] - 5/1/2006
Rep_Ferguson, Mike [NJ -7] - 5/1/2006 Rep Fossella Vito [NY -13] - 5/2/2006
Rep_ Gillmor. Paul E [OH 5] 5(1/2006 Rem HaII, Raiph M_. [TX 41 5!2/2006
Rem Meeks Gregory W [NY -6] - Rep Myrick Sue [NC -9] - 5/1/2006
5%2/2006
R Norwood Charlie [GA 9] 5/1/2006 RePickermg, Charles W. Ch
[MS -3] -
5/1/2006
Rep Radanovich, George [CA -19] - Reg Rogers,—Mike (MI) [MI -8] - 5/1/2006
7 J
http / /thomas loc gov /cg>- bmlbdquery/z ?d109 HRO5252 @ @ @L &summ2 =m& 5/5/2006
Search Results - THOMAS (Library of Congress)
5/1/2006
Re�Rush, Bobby-L. [IL -1] - 5/1/2006
Rep Shadegg, John_ B. [AZ -3] -
5/1/2006
Rep Stearns, Cliff [FL -6] - 5/1/2006
Rep Upton, Fred [MI -6] - 5/1/2006
Rep_ftnn, Albert Russell [MD -4] -
5/2/2006
COMMITTEE(S):
Page 2 of 2
Rep-Scott David [GA -13] - 5/3/2006
Rep Shimkus, John [IL -19] - 5/1/2006
Rep Thome_son Bennie G. [MS -2] - 5/2/2006
Rep Whltfield�Ed [KY -1] - 5/1/2006
Committee/ Subcommittee: Activity:
House Enema and Commerce Referral, In Committee
RELATED BILL DETAILS:
** *NONE * **
AMENDMENT(S):
** *NONE * **
THOMAS Hoine I Contact I Accessibility I Legal I FirstGov
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http / /thomas loc gov /cgi- bm/bdquery/z9d109 HR05252 (a,(a,@L &summ2 =m& 5/5/2006
ah CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
May 3, 2006
H.R. 5252
Communications Opportunity, Promotion, and Enhancement
Act of 2006
As ordered reported by the House Committee on Energy and Commerce
on April 27, 2006
SUMMARY
H R 5252 would allow providers of cable service to apply to the Federal Communications
Commission (FCC) for a national franchise National franchises would be substitutes for
separate, negotiated agreements with states and localities regarding the provision of cable
service to a local area The bill also would require providers of Internet -based telephone
service known as Voice- over - Intemet- Protocol (VOIP) to provide access to emergency 911
telephone service. Finally, H R 5252 would require the FCC to conduct several studies
related to telecommunications services
Assuming appropriation of the necessary amounts, CBO estimates that implementing
HR 5252 would cost less than $500,000 in 2006 and about $7 million over the 2006 -2011
period Enacting the bill would not have a significant effect on direct spending or revenues.
H R 5252 contains several intergovernmental mandates, as defined in the Unfunded
Mandates Reform Act (UMRA) In particular, it would prohibit intergovernmental entities
— primarily municipal governments —from charging certain fees to providers of cable
service The bill also would impose a variety of requirements and limitations on public
safety access points (PSAPs) Further, the bill would preempt state laws that prohibit
municipal governments from providing Internet access services and, if area cable providers
receive a national franchise, would preempt state and local laws that address consumer
protection, cable franchises, and the use of municipal rights -of -way CBO estimates that the
net direct costs of these mandates on state and local governments would grow over time, and
would likely fall between $100 million and $350 million by 2011 Such losses would exceed
the threshold established in UMRA in at least one of the first five years the mandates are in
effect (the threshold is $64 million in 2006 and is adjusted annually for inflation)
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Other Impacts of the bill Include potential losses to Intergovernmental entitles of In -kind
support from cable franchisees
H R 5252 also would impose private- sector mandates as defined by UMRA on broadband
service providers, and on private entities that own 911 components necessary to transmit
VOIP emergency 911 services over their networks Based on information from government
and industry sources CBO estimates that the costs of complying with those mandates would
fall below the annual threshold established by UMRA for private- sector mandates
($128 million in 2006, adjusted annually for inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H R 5252 is shown in the following table The costs of
this legislation fall within budget function 370 (commerce and housing credit)
By Fiscal Year, to Millions of Dollars
2006 2007 2008 2009 2010 2011
CHANGES IN SPENDING SUBJECT TO APPROPRIATION'
Estimated Authorization Level
Estimated Outlays
NOTE * = less than $500,000
a Enacting H R 5252 also would have small effects on direct spending and revenues, but CBO estimates that those effects would
be less than $500,000 a year
BASIS OF ESTIMATE
CBO estimates that Implementing H R 5252 would cost less than $500,000 In 2006 and
about $7 million over the 2006 -2011 period to Issue regulations, write reports and studies,
and enforce the bill's provisions regarding new cable franchises and VOIP For this estimate,
CBO assumes that the bill will be enacted before the end of 2006, that the estimated amounts
will be appropriated for each year, and that outlays will follow historical spending patterns
for similar activities Enacting the legislation would not have a significant effect on direct
spending or revenues
2
Spending Subject to Appropriation
H R 5252 would allow providers of cable service to apply to the FCC for a national
franchise in lieu of negotiating separate franchise agreements with states and localities for
providing cable service to a local area The bill also would require VOID providers to
connect users to emergency 911 telephone service. Under the bill, the FCC would certify the
new national franchises, conduct annual audits of the new franchises, and create regulations
regarding the new franchising structure and VOIP emergency services Finally, H R 5252
would require the FCC to conduct several studies regarding telecommunications services,
including VOIP, municipal provision oftelecommunications services, and broadband Internet
service
Based on the level of effort required for previous mayor rulemakmg efforts by other agencies,
CBO estimates that implementing H R 5252 would cost less than $500,000 in 2006 and
about $7 million over the 2006 -2011 period for the FCC to develop and issue regulations,
write reports, and enforce the bill's provisions related to cable franchises and VOIP Those
costs would be subject to the availability of appropriated funds
Revenues and Direct Spending
Enacting H.R 5252 would affect revenues and direct spending because enacting the bill
would affect civil penalties and copyright royalties CBO estimates that any such effects
would not be significant
Civil Penalties. Enacting H.R 5252 could increase federal revenues by increasing
collections of additional civil penalties assessed for violations of laws related to providing
telecommunications services Collections of civil penalties are recorded in the budget as
revenues CBO estimates, however, that any additional revenues that would result from
enacting the bill would not be significant because of the relatively small number of cases
likely to be involved
Enacting the bill could increase direct spending because section 101 would require the FCC
to distribute certain penalties collected from cable companies to state or local franchising
authorities CBO estimates that any distributions of penalties to state or local franchising
authorities would not be significant because of the relatively small number of cases likely to
be involved
3
1'7 9
Copyright Royalties. Under current law, the users of certain copyrighted material must pay
royalties and abide by certain conditions when using the material The Copyright Office
collects royalties from users of certain copyrighted material and then distributes the royalties
to owners of copyrighted works. The receipt of royalties from users of copyrighted material
are recorded in the budget as federal revenues, and the distributions to copyright owners are
recorded as federal spending Under current law, cable operators pay royalties to transmit
distant broadcast signals to cable viewers, and satellite carriers pay royalties to retransmit
distant network and superstation signals by satellite
The national franchising provisions included in H R. 5252 would allow new entrants into the
market for providing cable service to connect to households faster than would otherwise be
expected CBO expects that enacting the bill could affect the collection and distribution of
copyright royalties Total copyright royalties paid for services provided to existing
subscribers could increase or decrease as subscribers switch from existing satellite or cable
service to cable service provided by new entrants Copyright royalties would increase as
subscribers who currently do not subscribe to either satellite or cable service opt to subscribe
to cable services provided by new entrants Based on information provided by the Copyright
Office and cable and telecommunication firms, CBO estimates that the net effect of enacting
this legislation on copyright royalties in any year over the 2006 -2016 period would not be
significant
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
Intergovernmental Mandates Contained in the Bill
H R. 5252 contains several intergovernmental mandates as defined in the Unfunded
Mandates Reform Act Specifically, the bill would
Eliminate the authority, in certain circumstances, of local entities to issue franchises
for cable providers,
Prohibit intergovernmental entities — primarily municipal governments —from
imposing certain fees on providers of cable services,
Require public safety access points to make their systems accessible to the providers
of a type of telephone service known as Voice- over- Intemet- Protocol and to make
certain information available to the FCC,
I 000
• Limit the fees that local governments can charge VOIP providers for access to
emergency 911 services.
• Preempt state and local consumer protection laws,
• Preempt local government authority over municipal rights of way, and
• Preempt state laws prohibiting local governments from offering certain services to
provide Internet access
The bill would require there to be competition for video services other than satellite in any
franchise area before providers of such services could apply for a national franchise Such
competition would likely come from those companies that have traditionally provided
telephone service While the speed with which new providers would offer such service is
uncertain, industry sources suggest that these companies would offer cable services under
the bill in at least 10 percent to 20 percent of franchise areas by 2011 Based on this
information and the large number of franchises nationwide (about 30,000), CBO estimates
that the net costs of complying with the intergovernmental mandates in the bill would, in
aggregate, exceed the threshold established in UMRA in at least one of the first five years
that the mandates are in effect (the threshold is $64 million in 2006 and is adjusted annually
for inflation)
CBO estimates that prohibiting intergovernmental entities — primarily municipal
governments —from raising certain revenues from providers of cable services that have a
national franchise would impose the most significant costs resulting from the mandates By
increasing competition in some markets, enacting the bill would likely lead to more people
subscribing to cable services that are subject to local franchise fees Thus, local governments
would gain new revenues that partially offset those costs
CBO further estimates that the requirements on PSAPs, the limitations on the ability of state
and local governments to charge fees to VOIP providers, and the other preemptions in the
bill would probably not impose significant costs on intergovernmental entities
Estimated Direct Cost of Mandates to State and Local Governments
Under current law, Local Franchise Authorities (LFAs) in most states negotiate
compensation with cable providers seeking to serve their franchise area (In at least three
states, the law provides for a statewide franchise) Each agreement is different, and the
amount of forgone revenue from the bill's prohibition would depend on the specifics of each
franchise agreement preempted by a national franchise Current federal law caps fees for the
X81
franchise at 5 percent of gross revenues —a fee maintained in H R 5252. However, local
governments also negotiate fees for public, educational, and governmental (PEG)
programming —some in cash and some in-kind—totaling, on average, between 1 percent and
3 percent of the gross revenues of the provider In general, urban and suburban areas have
a higher percentage of PEG contributions than do nonurban areas The bill would limit
charges by LFAs to 1 percent of gross revenues of cable providers
By prohibiting intergovernmental entities from charging certain cable providers more than
1 percent of gross revenues to provide PEG programing, enacting the bill would lead to a loss
in state and local revenues CBO estimates that the gross costs of this prohibition —that is,
the amount of the revenues that state and local governments would no longer be able to
collect —would grow to between $150 million and $450 million by 2011
UMRA includes in its definition of the direct costs of a mandate the amounts that state and
local governments would be prohibited from raising in revenues to comply with the mandate
Thus, CBO counts as direct costs the cash portion of what state and local governments would
be prohibited from charging under the bill
At the same time, however, the bill would likely increase competition for cable service,
decreasing the average price for such service As a result, more people would likely
subscribe to cable services, and they would pay additional franchise fees to local
governments that would offset some of the state and local government losses described
above CBO estimates that these new revenues would total about 25 percent of aggregate
losses On balance, we estimate that the net costs of this mandate would likely fall between
$100 million and $350 million by 2011
Under H R 5252, it is likely that competitors would increase the speed with which they enter
the cable market because costly barriers to entry would be removed. Under current law, there
is competition in fewer than 5 percent of local franchise areas Under the provisions of the
bill, new entrants would likely increase the areas to which they provide cable service,
reaching into at least 10 percent to 20 percent of franchise areas by 2011. As competition
increases, more cable providers would likely apply for national franchises, and as national
franchises increase, forgone revenues to state and local governments also would increase
While losses would depend on the specifics of the franchise agreements in the areas with new
entrants and industry business plans, average PEG rates in such areas suggest that forgone
revenues would likely total at least 1 percent to 2 percent of the gross revenues for cable
providers in areas with a national franchise.
0
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Other Impacts on State and Local Governments
The bill also would impose a significant impact on state and local governments not covered
under direct costs or direct savings in UMRA Specifically, such entities would incur some
to -kind losses from enactment of the bill
In franchise agreements, cable providers often agree to complete and maintain a variety of
in -kind contributions to public entities including schools, police and fire stations, libraries,
and other municipal buildings These are called institutional networks (INETs). Providers
often will also supply studios and equipment for public access television stations to support
PEG programming Depending on the interpretation of the bill's provision concerning
maintenance of INETs, anecdotal information from several local governments suggest they
could lose to -kind contributions totaling several million dollars Most communities in areas
where cable providers receive a national franchise would forgo some in -kind benefits for
PEG programming
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R 5252 would impose mandates as defined by UMRA on broadband service providers,
and on private entities that own 911 components necessary to transmit VOIP emergency 911
services over their networks Based on information from government and industry sources
CBO estimates that the costs of complying with those mandates would fall below the annual
threshold established by UMRA for private- sector mandates ($128 million in 2006, adjusted
annually for inflation)
The bill would impose mandates by
• Prohibiting broadband service providers from requiring subscribers to purchase other
services as a bundle, and
• Requiring certain entities that own 911 components to allow VOIP providers access
to their infrastructure.
Unbundling of Broadband Services
Section 501 would prohibit any provider of broadband services from requiring a subscriber
to purchase other services offered by the provider (including cable service,
telecommunications service, or VOIP) as a condition of purchasing broadband service,
7
X83
The costs of the mandate would be the expenditures necessary for converting systems to offer
stand -alone service and the ongoing loss of net income from the direct lost sales. According
to industry sources most of the industry already offers stand -alone broadband services The
cost of compliance for the remaining providers of converting their systems would be small
Broadband service providers also could lose income as some consumers chose to subscribe
only to the broadband service, forgoing any bundled services Assuming the providers of
broadband service who currently provide stand -alone service continue to do so independent
of the mandate, the net loss of income should be small relative to the threshold.
Making 911 Components Accessible to VOIP Providers
Section 301 would clarify FCC regulations relating to VOIP access to 911 and E911
infrastructure The language in section 301 would impose a new mandate on all private
entities that own 911 components necessary to transmit VOIP emergency 911 services over
their networks. Section 301 would require such entities to allow VOIP providers to have full
access to the necessary 911 components. Owners of 911 components would be able to
charge VOID providers a fee for using their network components, but would be mandated to
enter into such agreements with those providers. Large private entities that own 911
components have most of the infrastructure in place to comply with the mandate. Some
smaller owners of 911 components may not have such capacity and would incur costs to
comply with the mandate Based on information provided by industry and government
sources, CBO expects that the direct costs of complying with this mandate would be minimal
ESTIMATE PREPARED BY:
Federal Costs. Melissa Z Petersen
Impact on State, Local, and Tribal Governments Sarah Puro
Impact on the Private Sector Philip Webre and Fatimot Ladipo
ESTIMATE APPROVED BY:
Peter H Fontaine
Deputy Assistant Director for Budget Analysis
8
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C.1 I \• �' r eieGommUnity Owwaa�' T(
TRUTH VERSUS TELEPHONE INDUSTRY SPIN
THE TRUTH ABOUT THE COMMUNICATIONS, OPPORTUNITY, PROMOTION, AND ENHANCEMENT
ACT OF 2006
Local governments strongly endorse promoung compeution for all consumers and treating like services alike Our
nation's clues and counties welcome video competition in their communuues Nationalizing franchising, however,
would limit the benefits of video competition to a few well-to -do neighborhoods, would threaten local budgets,
would undermine the ability of local governments to protect their residents and manage public rights -of -way
LOCAL GOVERNMENTS WANT CABLE COMPETITION AND HAVE ACTIVELY SOUGHT IT FOR
YEARS. BU'I LOCAL GOVERNMENTS DO NoT FAVOR:
• Subsidizing multinational communications companies' use of local streets and rights -of -way at the expense of
local government budgets and local taxpayers
• Giving the Federal Communications Commission (1-CC) in Washington, D C control and oversight over how
localities manage their local streets and nghts-of-way
• Subsidiring service to a few well-to -do neighborhoods while less well-to-do neighborhoods are left behind
without competition, wth higher prices and poorer service
• Allowing telephone companies to provide new cable and broadband services only to some of their telephone
customers, leaving others behind
• Cutting current levels of financial support for focal community programming and emergency communications
• I aking away local authority to handle their residents' cable customer service complaints
THE TRUTH:
1 he bill's supporters make several clauns about its supposed benefits, but they are not true
• The bill would supposedly increase cable compeution and lower cable prices
The Truth: Only for a chosen few Everyone else could see higher rates and poorer service
• Me bill would supposedly allow localities to continue to manage their rights -of -way
The Truth: Local government nghts -of -way management would be subject to oversight and second - guessing by
the PCC, in Washington, D C
• The bill would supposedly preserve localities' 5% franchise fees
The Truth: It would reduce the revenue base on which the 5% is paid, meaning less franchise fees for the critical
services local governments provides to its citizens, including public safety and transportation
• f'he bill would supposedly prevent economic redlining
The Truth: It would allow new entrants to bypass poorer and minonty neighborhoods entirely as long as the
new entrant offers service to those groups that happen to be sprinkled about in otherwise more well-to -do
neighborhoods
• The bill would supposedly continue to provide support for public, educational and governmental ( "PEG ") access
channels and institutional networks (]-Nets)
The Truth: It fails to make communises whole on PEG and I -Net support
l'm[ed tiut[cs (,mifctcnaco(At awn - lima ;l�1a].u3^dai'�.rs,�r¢Nnnnnal Ltagua ofCtac,- http.Jfy \writ iSSy:
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18 5
I
IOyTACSSION S
ZD SESSION H.R. 5252
To promote the deployment of broadband networks and semees
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2006
Mr BARTON of Tesas (tor himself, Mr RI'SII, Mr JTpTON, Mr PICEFRING,
Mr STEARNS, Mr BIrYER, Mrs BIACKBURN, AIr GILLbIGR, Mr SHAD -
EGG, Mr RADANOVICa, Mr RoGERs of Michigan, Mr FERGUSON, Mr
NomvooD, AIr wllrrFiELU, AIr SIIIAn {OS, Mrs MYRICK, and Mt BUR-
GESS) introduced the following bill, nhich was referred to the Committee
on Energy and Commerce
A BILL
To promote the deployment of broadband networks and
services
1 Be it enacted by the Senate and (louse of Representa-
2 trues of the United States ofAmertca, to Congress assernbled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE —This Act may be cited as the
5 "Communications Opportunity, Promotion, and Enhanee-
6 merit Act of 2006"
i (b) TABLE OF CONTENTS —
Sae I Short title, table of contents
TITLE I— NATIONAL CABLE FRANCHISING
�8u
3 SEC. 101. NATIONAL CABLE FRANCHISING.
4 (a) AmENDMENT —Part III of title VI of the Coro-
5 mumeatlons Act of 1934 (47 U S C 541 et seq ) is
6 amended by adding at the end the following new section
7 "SEC. 630. NATIONAL CABLE FRANCHISING.
8 "(a) NATIONAL FRANCI3ISES —
9 "(1) ELECTION A person or group that 1s ch-
10 Bible under subsection (d) may elect to obtain a na-
11 tional franchise under this section as nithority to
12 provide cable service in a franchise area In lieu of
13 any other authority under Federal, State, of local
14 law to provide cable service in such franchise area
15 A person or group may not provide cable service
.HR 5252 IH pp
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Sec
101
National cable franchising
Sec
102
Definitions
See
103
MomnnmK and reportanp
TITLE
II— ENFORCEMENT OF BROADBAND POLICY STATEMENT
Scc
201
Entorcernent of broadband policy statement
TITLE III —VOIP /911
See
301
Emergency services, mteicomioction
TITLE A'— MUNICIPAL PROVISION OF SERVICES
Sec
401
Goierriment authonti, to prmide services
TITLE V--BROADBAND SERVICE
See
501
Stand -alone broadband semee
Sec
502
Studi of mterfereuce potential of broadband over poser line systems
TITLE CI— SEAMLESS 'MOBILITY
Sec
601
Development of seamless mobility
1
TITLE I- NATIONAL CABLE
2
FRANCHISING
3 SEC. 101. NATIONAL CABLE FRANCHISING.
4 (a) AmENDMENT —Part III of title VI of the Coro-
5 mumeatlons Act of 1934 (47 U S C 541 et seq ) is
6 amended by adding at the end the following new section
7 "SEC. 630. NATIONAL CABLE FRANCHISING.
8 "(a) NATIONAL FRANCI3ISES —
9 "(1) ELECTION A person or group that 1s ch-
10 Bible under subsection (d) may elect to obtain a na-
11 tional franchise under this section as nithority to
12 provide cable service in a franchise area In lieu of
13 any other authority under Federal, State, of local
14 law to provide cable service in such franchise area
15 A person or group may not provide cable service
.HR 5252 IH pp
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1 under the authority of this section in a franchise
2 area unless such person or group has a franchise
3 under this section that is effective with iespect to
4 such franchise area A franchising authority may not
5 require any person or group that has a national
6 franchise under this section in effect with respect to
7 a franchise area to obtain a franchise under section
8 621 or any other law to provide cable service in such
9 franchise area
to "(2) CFRTIFw.kTio'.\, —To obtain a national
11 franchise under this section as authority to provide
12 cable service in a franchise area, a person or group
13 shall -
14 "(A) file with the Conimission a certifi-
15 cation for a national franchise containing the
16 information required by paragraph (3) kith re-
17 spect to such franchise area, if such person or
18 group has not previously obtained a national
19 franchise, or
20 "(B) file with the Commission a subse-
21 quent certification for additional franchise areas
22 containing the mfoimation required by para-
23 graph (3) with respect to such additional fran-
24 chise areas, if such person or group has pre -
25 viously obtained a national franchise
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11(3) CONTENTS OF CERTIFICATION —Such cer-
tification shall be in such form as the Commission
shall require by regulation and shall contain —
"(A) the name under which such person or
group is offering or intends to offer cable serv-
ice;
"(B) the names and business addresses of
the directors and principal executive officers, or
the persons performing similar functions, of
such person or group,
"(C) the location of such person or group's
principal business office,
"(D) the name, business address, elec-
tronic mail address, and telephone and fax
number of such person or group's local agent,
"(E) a declaration by such person or group
that such person or group is eligible under sub-
section (d) to obtain a national franchise undei
tills section,
"(F) an identification of each franchise
area in which such person or group intends to
offer cable service pursuant to such certifi-
cation, which franchise area shall be-
"(i) the entirety of a franchise area in
which a cable operator is, on the date of
-HR 5252 IH
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the filing of such certification, authorized
2
to provide cable service under section 621
3
or any other law (including this section),
4
or
5
"(n) a contiguous geographic area
6
that covers the entirety of the ,jurisdiction
7
of a unit of general local government, ex-
8
cept that -
9
"(I) if the geographic area within
10
the ,jurisdiction of such unit of general
11
local government contains a franchise
12
area in which a cable operator is, on
13
such date, authorized to provide cable
14
service under section 621 or any other
15
law, the contiguous geographie area
16
identified in the certification under
17
this clause as a franchise area shall
18
not include the area contained in the
19
franchise area of such cable operator,
20
and
21
19(11) if such contiguous geo-
22
graphic area includes areas that are,
23
respectively, il-Ithm the jurisdiction of
24
different franchising authorities, the
-FIR 5282 IH
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certification shall specit , each such
2
area as a separate franchise area,
3
"(G) a declaration that such person or
4
group transmitted, or will transmit on the day
5
of filing such declaration, a copy of such ecitifi-
6
cation to the franchising authority for each
7
franchise area for which such person or group
8
is filing a certification to offer cable service
9
under this section,
10
"(H) a declaration by the person of group
11
that the person or group will comply with the
12
fights -of -way requirements of the franchising
13
authority under subsection (f), and
14
"(I) a declaration by the person or group
t5
that -
16
"(1) the person or group will comply
17
with all Commission consumer protection
18
and customer service rules under section
19
632(b) and subsection (g) of this section,
20
and
21
"(n) the person or group agrees that
22
such standards may be enforced by the
23
Commission or by the franchising author -
24
ity in accordance with subsection (g) of
25
this section
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1 "(4) LOCAL NOTIFICATION, PRESERVATION OF
2 OPPORTUNITY TO NEGOTIATE, -
3 "(A) COPY TO FRANCHISING AUTHOR -
4 ITY —On the day of filing any certification
5 under paragraph (2)(A) or (B) for a franchise
6 area, the person or group shall transmit a copy
7 of such certification to the franchising authority
8 for such area
9 "(B) NEGOTIATED FRANCHISE, AGREE -
10 MENTS PERMITTED — Nothing in this section
11 shall prevent a person or group from negoti-
12 ating a franchise agreement or any other au-
13 thority to provide cable serViee in a franchise
14 area nndem section 621 or any other law Upon
15 entry into any such negotiated franchise agree -
16 ment, such negotiated franchise agreement shall
17 apply in lieu of any national franchise held by
18 that person or group under this section for such
19 franchise area
20 "(5) UPDATING OF CERTIFICATIONS —A person
21 or group that files a certification under this section
22 shall update any information contained in such eer-
23 tification that is no longer accurate and correct
24 "(6) PUBLIC AVAILABILITY OF CERTIFI-
25 CATIONS —The Commission shall provide for the
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I public availability on the Commission's Internet,
2 website or other electronic facility of all current cer-
3 tifications filed under this section
4 "(b) EFFECTrVENEss, DURATION —
5 "(l) EFFECTIVENESS —A national franchise
6 under this section shall be effective with respect to
7 any franchise area 30 days after the date of the fil-
8 ing of a completed certification under subsection
9 (a)(2)(A) or (B) that applies to such franchise area
10 "(2) DURATION —
11 "(A) IN GENERAL —A franchise under this
12 section that applies to a franchise area shall be
13 effective for that franchise area for a term of
14 10 ,years
15 "(B) RENT- vvu, —A franchise under this
16 section for a franchise area shall be renewed
17 automatically upon expiration of the 10 -year
18 period described in subparagraph (A)
19 "(C) PUBLIC IIEARING —At the request of
20 a franchising authority in a franchise area, a
21 cable operator authorized under this section to
22 provide cable service in such franchise area
23 shall, within the last year of the 10 -year period
24 applicable under subparagraph (A) to the cable
25 operator's franchise for such franchise area,
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participate in a public hearing on the cable op-
erator's perform anee in the franchise area, m-
cluding the cable operator's compliance with the
requirements of this title The hearing shall af-
ford the public the opportunity to participate
for the purpose of identifying cable- related com-
munity needs and interests and assessing the
operator's performance The cable operator
shall provide notice to its subscribers of the
hearing at least 30 days prior to the heaiing
"(D) REVOCATION —A franchise under
this section for a franchise area may be revoked
by the Cornmission-
"(i) for willful or repeated violation of
any Federal or State law, or any Commis-
sion regulation, relating to the provision of
cable service in such franchise area,
"(n) for false statements or material
omissions knowingly made in any filing
with the Commission relating to the provi-
sion of cable service in such franchise area,
"(in) for willful or repeated violation
of the rights -of -way management laws or
regulations of any franchismg authority in
such franchise area relating to the provi-
•HH 5252 IH
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sion of cable service in such franchise area,
2
or
3
"(iv) for willful or repeated violation
4
of the antidiscrimination requirement of
5
subsection (b) with respect to such fran-
6
ehise area
7
"(E) :NOTICE —The Commission shall
8
send a notice of such revocation to each fran-
9
chismg authority with ,jurisdiction over the
10
franchise areas for which the cable operator's
11
franchise was revoked
12
"(F) REINSTATE MENTT —After a revoca-
13
tion under subparagraph (D) of a franchise for
14
a franchise area of any person or group , the
15
Commission may refuse to accept for filing a
16
new certification for authority of such person or
17
group to provide cable service under this section
18
in such franchise area until the Commission de-
19
termmes that the basis of such revocation has
20
been remedied
21
"(G) RETURN TO LOCAL FRANCHISING IF
22
CABLE COMPETITION CEASES —
23
"(i) If only one cable operator is pro -
24
vidurg cable service in a franchise area,
25
and that cable operator obtained a national
.HR 5252 IH
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-HR. 5252 IIi
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franchise for such franchise area under
subsection (d)(2), the tranehismg authority
for such franchise area may file a petition
with the Commission requesting that the
Commission terminate such national fran-
chise for such franchise area
"(n) The Commission shall provide
public notice and opportunity to comment
on such petition If it finds that the re-
quirements of clause (i) are satisfied, the
Commission shall issue an order granting
such petition Such order shall take effect
one year from the date of such grant, if no
other cable operator offers cable service in
such area during that one year If another
cable operator does offer cable service in
such franchise area during that one year,
the Commission shall rescind such order
and dismiss such petition
"(ni) A cable operator whose national
franchise is terminated for such franchise
area under this subparagraph may obtain
new authority to provide cable service in
such franchise area under this section, see-
196
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1 tion 621, or any other law, if and when eh-
2 glble
3 "(e) REQIIHtEAIENTS OF NATIONAL FRANCHISE lA
4 national franchise shall contain the following uequ(re-
5 ments
6 "(1) FRANCHISE FEE —A cable operator au-
7 thorized under this section to provide cable service
8 in a franchise area shall pay to the franchising au-
9 thority in such franchise area a franchise fee of up
10 to 5 percent (as determined by the franchising au-
11 thority) of such cable operator's gross revenues from
12 the provision of cable service under this section in
13 such franchise area Such payment shall he assessed
14 and collected in a manner consistent with section
15 622 and the definition of gross revenues In this see -
16 ti on
17 "(2) PEG/1 -NET REQUIREMENTS —A cable op-
18 orator authorized under this section to provide cable
19 service in a franchise area shall comply with the re-
20 qunements of subsection (e)
21 "(3) RIGHTS - of -WAY —A cable operator au-
22 thorized under this section to provide (able service
23 in a franchise area shall comply with the rights -of-
24 way requirements of the franchising authority under
25 subsection (f)
•HR 5252 111
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1 "(4) CONSUMER PROTECTION AND CUSTOMER
2 SERVICE STANDARDS —A cable operator authorized
3 under this section to provide cable service in a fran-
4 chise area shall comply with the consumer protection
5 and customer service standards established by the
6 Commission under section 632(b)
7 "(5) CIIILD PORNOGRAPIIY —A cable operator
8 authorized under this section to provide cable service
9 in a franchise area shall comply with the regulations
10 on child pornography promulgated pursuant to sub -
11 section (i)
12 "(d) ELIGIBILITY FOR NATIONAL FRANCHISES-
13 The following persons or groups are eligible to obtain a
14 national franchise under this section
15 "(1) COMMENCEMENT OF SERVICE AFTER EN-
16 ACTMENT —A person or group that is not pro-viding
17 cable service in a franchise area on the date of en-
18 actinent of this section under section 621 or any
19 other law may obtain a national franchise under this
20 section to provide cable service in such franchise
21 area
22 "(2) EXISTING PROVIDERS OF CABLE SERV-
23 ICE —A person or group that is providing cable
24 service in a franchise area on the date of enactment
25 of this section under section 621 or any other law
.HR 6262 IH
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1 may obtain a franchise under this section to provide
2 cable service in such franchise area if, on the date
3 that the national franchise becomes effective, an-
4 other person or group is providing cable service
5 under this seetion, section 621, or any other law in
6 such franchise area
7 "(e) PUBLIC, EDUCATIONAL, .1ND GOVERNMENTAL
8 USE —
9 "(1) IN GENERAL — Subject. to paragTaph (3), a
10 cable opei ator with a national franchise for a fran-
I1 chise area under this section shall provide channel
12 capacity for public, educational, and governmental
13 use that is not, less than the channel capacity re-
14 quired of the cable operator with the most sub -
15 scribers in such franchise area on the effective date
16 of such national franchise If there is no other cable
17 operator in such franchise area on the effective date
18 of such national franchise, or there is no other cable
19 operator in such franchise area on such date that is
20 required to provide channel capacity for public, edu-
21 cational, and governmental use, the cable operator
22 shall provide the amount of channel capacity for
23 such use as determined by Commission rule
24 "(2) PEG AND I —NET FINANCLIL SUPPORT —A
25 cable operator with a national franchise under this
-HR 6262 IH
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1 section for a franchise area shall pay an amount
2 equal to 1 percent of the cable operator's gross reve-
3 noes (as such term is defined in this section) in the
4 franchise area to the franchising authority for the
5 support of public, educational, and governmental use
6 and institutional networks (as such term is defined
7 in section 611(f)) Such payment shall be assessed
8 and collected in a manner consistent with section
9 622, including the authority of the cable operator to
10 designate that portion of a subscriber's bill attrib-
11 utable to such payment A cable operator that pro -
12 vided cable service in a franchise area on the date
13 of enactment of this section and that obtains a na-
14 tional franchise under this section shall continue to
15 provide any institutional network that it was re-
16 quired to provide in such franchise area under sec -
17 tion 621 or any other law Notwithstanding section
18 621(b)(3)(D), a franchising authority may not re-
19 quire a cable operator franchised under this section
20 to construct a new institutional network
21 "(3) Ai)JUSTME:vT —Every 10 years after the
22 commencement of a franchise under this section for
23 a franchise area, a franchising authority may require
24 a cable operator authorized under such franchise to
25 increase the channel capacity designated for public,
-RR 5252 IR
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1 educational, or governmental use, and the channel
2 capacity designated for such use on any institutional
3 networks required under paragraph (2) Such in-
4 crease shall not exceed the higher of-
5 "(A) one channel, or
6 "(B) 10 percent of the public, educational,
7 or governmental channel capacity required of
8 that operator prior to the increase
9 "(4) TRANSMISSION AND PRODUCTION OF PRO-
10 GRAMMING —
11 "(A) A cable operator franchised under
12 this section shall ensure that all subscribers re-
13 curve any public, educational, or governmental
14 progiammmg carried by the cable operator
15 within the subscriber's franchise area
16 "(B) The production of any programming
17 provided under this subsection shall be the re-
18 sponsibility of the franchising authority
19 "M A cable operator franchised under
20 this section shall be responsible for the trans -
21 mission from the signal origination point (or
22 points) of the progzammmg, or from the point
23 of interconnection with another cable operator
24 under subparagraph (D), to the cable operator's
25 subscribers, of any public, educational, or gov-
•HR 5252 IH
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ernmental programming produced by or for the
2
franchising authority and carried by the cable
3
operator pursuant to this section
4
"(D) Unless two cable operators otherwise
5
agree to the terms for interconnection and cost
6
sharing, such cable operators shall comply with
7
regulations presci abed by the Commission pro -
8
viding for -
9
"(1) the interconnection between two
10
cable operators m a franchise area for
11
transmission of public, educational, or gov-
12
ernmental programming, without material
13
deterioration ni signal quality or
14
functionality, and
15
"(n) the reasonable allocation of the
16
costs of such interconnection between such
17
cable operators
18
"(E) A cable operator shall display the
19
program information for public, educational, or
20
governmental programming carried under this
21
subsection in any print or electronic program
22
guide in the same manner in which it displays
23
program information for other video program -
24
mmg in the franchise area The cable operator
25
shall not omit such public, educational, or gov-
.HR 5252 IH
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1 ernmental programming from anv nangational
2 device, guide, or memi containing other video
3 pro�n,amming that is available to subscribers In
4 the franchise area
5 "(f) RIGHTS -OF -WAY —
6 "(1) AUTHORITY TO IISE —Any franchise under
7 this section for a franchise area shall be construed
8 to authorize the construction of a cable system over
9 public rights -of way, and through easements, which
10 is within the area to be sen-ed by the cable system
11 and which have been dedicated for compatible uses,
12 except that in using such easements the cable oper-
13 ator shall ensure that -
14 "(A) the safety, functioning, and appeai-
15 ante of the property and the convenience and
16 the safety of other persons not be adversely af-
17 fected by the Installation or construction of fa-
18 clhtles necessary fox a cable system,
19 °(B) the cost of the Installation, construe -
20 tion, operation, or removal of such facilities be
21 borne by the cable operator or subscriber, or a
22 combination of both, and
23 "(C) the owner of the property be ,justly
24 compensated by the cable operator for any dam -
25 ages caused by the installation, construction,
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1 operation, or removal of such facilities by the
2 cable operator
3 "(2) MANAGEMENT OF PUBLIC RIGHTS -OF-
4 WAY — Nothing in this Act affects the authority of
5 a State or local government (including a franchising
6 authority) over a person or group In their capacity
7 as a cable operator «nth a franchise under this see -
8 tion to manage, on a reasonable, competitively neu-
9 tral, and non- diserimmatory basis, the public rights -
10 of -way, and easements that have been dedicated for
11 compatible uses A State or local government (in-
12 eluding a franchising authority) may, on a reason -
13 able, competitively neutral, and non- discrumnatory
14 basis -
15 "(A) impose charges for such management,
16 and
17 "(B) require compliance with such man -
18 agement, such charges, and paragraphs (1)(A),
19 (B), and (C)
20 "(g) CONSUMER PROTECTION AND CUSTOMER SERY-
21 ICE -
22 "(1) NATIONAL. STANDARDS — Notwithstanding
23 section 632(d), no State or local law (including any
24 regulation) shall impose on a cable operator fran-
25 chased under this section any consumer protection or
•FIR 8252 M
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1 customer service requirements other than consumer
2 protection or customer service requirements of gen-
3 era] applicability
4 "(2) PROCEEDING— Within 120 days after the
5 date of enactment of this section, the Commission
6 shall issue a report and order that updates for cable
7 operators franchised under this section the national
8 consumer protection and customer service rules
9 under section 632(b), taking into consideration the
10 national nature of a franchise under this section and
11 the role of State and local governments in enforcing,
12 but not creating, consumer protection and customer
13 service standards for cable operators franchised
14 under this section
15 "(3) REQUIREMENTS OF NEW RULES, -
16 "(A) Such rules shall, in addition to the
17 requirements of section 632(b), address, with
18 specificity, no less than the following consumer
19 protection and customer service issues
20 "(1) Billing, billing disputes, and dis-
21 continuation of service, including when and
22 how any late fees may be assessed (but not
23 the amount of such fees)
24 "(u) Loss of service or service quality
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1
"(in) Changes in channel lineups or
2
other cable services and features
3
"(iv) Availability of parental control
4
options
5
"(B) Such rules shall require forfeiture
6
penalties or customer rebates, or both, as deter -
7
mined by the Commission, that may be imposed
8
for violations of such Commission rules in a
9
franchise area, and shall provide for increased
10
forfeiture penalties or customer rebates, or
11
both, for repeated violations of the standards in
12
such rules
13
"(C) The Commission's rules shall also es-
14
tabhsh procedures by which any forfeiture pen -
15
alty assessed by the Commission under this
16
subsection shall be paid by the cable operator
17
directly to the franchising authority
18
"(D) The Commission shall report to the
19
Congress no less than once a year -
20
"(1) on complaints filed, and penalties
21
imposed, under this subsection, and
22
"(n) on any new consumer protection
23
or customer service issues arising under
24
this subsection
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1 "(E) The Commission's rules established
2 under this subsection shall be revised as needed
3 "(4) COMPLAINTS—Any person may file a
4 eomplamt with respect to a violation of the regula-
5 bons prescribed under section 632(b) in a franchise
6 area by a cable operator franchised under this sec -
7 tion-
8 "(A) with the franchising authority in such
9 area, or
10 "(B) with the Commission
11 "(5) VOCAL FRANCIiISING ORDERS REQUIRING
12 COMPLIANCE —In a proceeding commenced with a
13 franchising authority on such a complaint, a fran-
14 chising authority may issue an order requiring com-
15 pliance with any of such regulations prescribed by
16 the Commission, but a franchising authority may
17 not create any new standard or regulation, or ex-
18 pond upon or modify the Commission's standards or
19 regulations
20 "(6) ACCESS TO RECORDS —In such a pro -
21 ecedmg, the franchising authority may issue an
22 order requiring the filing of any contract, agree -
23 ment, or arrangement between the subscriber and
24 the provider, or any other data, documents, or
25 records, directly related to the alleged violation
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6
7
8
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10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
23
"(7) COMMISSION REMEDIES, APPEALS—Un-
less appealed to the Commission, an order of a fran-
chising authority under this subsection shall be en-
forced by the Commission Any such appeal shall be
resoh ed by the Commission within 30 days after re-
eeipt of the appeal by the Commission
"(8) COST OF FRANCHISING AIITHORITY OR-
DERS —A franchising authority may charge a pro-
vider of cable service under this section a nominal
fee to cover the costs of Issuing such orders
"(h) ANTIDISCRIMINATION —
"(1) PROHIBITION —A cable operator with a
national franchise under this section to pio «de cable
service in a franchise area shall not deny access to
Its cable service to any group of potential residential
cable sere -ice subscribers in such franchise area be-
cause of the Income of that group
"(2) ENFORCEMENT —
"(A) COMPLAINT—If a franchising an-
thority in a franchise area has reasonable cause
to believe that a cable operator is in violation
of this subseetion with respect to such franchise
area, the franelusmg authority may, after com-
plying with subparagraph (B), file a complaint
with the Commission alleging such violation
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"(B) NOTICE BY FRANCHISING AUTHOR -
2
ITY — Before filing a complaint with the Com-
3
mission under subparagraph (A), a franchising
4
authority -
5
"(I) shall give notice of each alleged
6
violation to the cable operator,
7
"(u) shall provide a period of not less
8
than 30 days for the cable operator to re-
9
spond to such allegations, and
10
"(In) during such penod, may require
11
the cable operator to submit a written re-
12
sponse stating the reasons why the oper-
13
ator has not violated this subsection
14
"(C) BIANNUAL, REPORT —A cable oper-
15
ator with a national franchise under this section
16
for a franchise area, not later than 180 days
17
after the effeetzve date of such national fran-
18
chlse, and biannually thereafter, shall submit a
19
report to the Commission and the franchising
20
authority in the franchise area -
21
"(1) identifying the geographic areas
22
in the franchise area where the cable oper-
23
atol offers cable service, and
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3
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5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"(n) describing the cable operator's
progress in extending cable service to other
areas in the franchise area
"(D) NOTICE BY COMMISSION —Upon re-
ceipt of a complaint under this paragraph alleg-
ing a violation of this subsection by a cable op-
erator, the Commission shall give notice of the
complaint to the cable operator
"(E) 1WESTIGATIOM —I11 investigating a
complaint under this paragraph, the Commis -
sion may require a cable operator to disclose to
the Commission such information and docu-
ments as the Commission deems necessary to
determine whether the cable operator is in com-
pliance with this subsection The Commission
shall maintain the confidentiality of any infor-
mation or document collected under this sub-
paragraph
"(F) DEADLINE FOR RESOLUTION OF
COMPLAINTS —Not more than 60 days after
the Commission receives a complaint under this
paragraph, the Commission shall issue a deter-
mination with respect to each violation alleged
in the complaint
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1
W) DETERMINATION—If the COMIMS-
2
slon determines (in response to a complaint
3
under this paragraph or on its own initiative)
4
that a cable operator with a franchise under
5
this section to provide cable service in a fran-
6
cluse area has denied access to its cable service
7
to a group of potential residential cable service
8
subscribers in such franchise area because of
9
the income of that group, the Commission shall
10
ensure that the cable operator extends access to
11
that group within a reasonable period of time
12
"(x) REMEDIES-
13
"(1) IN GENERAL —This subsection
14
shall be enforced by the Commission under
15
titles IV and V
16
"(11) AVIAXIMUM FORFEITURE PF,N-
17
ALTY —For purposes of section 503, the
18
maximum forfeiture penalty applicable to a
19
violation of this subsection shall be
20
$500,000 for each day of the violation
21
"(m) PAYMENT OF PENALTIES TO
22
FRANCHISING AUTHORITY—The Commis -
23
Sion shall order any cable operator subject
24
to a forfeiture penalty under this sub-
-FIR 5252 1H y
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1 section to pay the penalty directly to the
2 franchising authority involved
3 "(1) CIiILD PORNOGRAPTIY —Not later than 180
4 days after the date of enactment of this section, the Com-
5 nussion shall promulgate regulations to require a cable op-
6 erator with a national franchise under this section to pre-
7 vent the distribution of child pornography (as such term
8 is defined in section 254(h)(7)(F)) over its network
9 "(1) LEASED ACCESS —The provisions of section
10 612(1) regarding the carriage of programming from a
11 qualified minority piogrammurg source or from any quali-
12 tied educational programming source shall apply to a cable
13 operator franchised under this section to provide cable
14 seri-ice in a franchise area
15 "(k) APPLICABILITY OF OTIIER PROA'ISIONS —The
16 following sections shall not apply in a franchise area to
17 a person or group franchised under this section in such
18 franchise area, or confer any authority to regulate or im-
19 pose obligations on such person or group Sections 611(a),
20 611(b), 611(c), 613(a), 617, 621 (other than subsections
21 (b)(3)(A), (b)(3)(B), (b)(3)(C), and (c)), 624(b), 624(c),
22 624(h), 625, 626, 627, and 632(x)
23 "(l) EiIERGENCY ALERTS — Nothing in this Act shall
24 be construed to prohibit a State or local government from
25 accessing the emergency alert system of a cable operator
-HR 6262 111
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1 with a franchise under this section in the area served by
2 the State or local government to transmit local or regional
3 emergency alerts
4 "(m) REPORTING, RECORDS, AND AUDITS -
5 "(1) REPORTING —A cable operator -mtli a
6 franchise under this section to provide cable service
7 in a franchise area shall make such periodic reports
8 to the Commission and the franchising authority for
9 such franchise area as the Commission may requite
10 to verify compliance with the fee obligations of sub -
11 sections (c)(1) and (e)(2)
12 "(2) AvAILABILITY OF BOOKS AND RECORDS
13 Upon request under paragraph (3) by a franchising
14 authority for a franchise area, and upon request by
15 the Commission, a cable operator with a national
16 franchise for such franchise area shall make avail-
17 able its hooks and records to periodic audit by such
18 franchmsmg authority or the Commission, respec-
19 tively
20 "(3) FRANCHISING AUTHORITY AUDIT PROCE-
21 DURE —A franchising authority mav, upon reason -
22 able written request, but no more than once in any
23 12 -month period, review the business records of such
24 cable operator to the extent seasonably necessary to
25 ensure payment of the fees required by subsections
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1 (c) (1) and (e) (2) Such review may include the meth -
2 odology used by such cable operator to assigii por-
3 dons of the revenue from cable service that may be
4 bundled or functionally integrated with other serv-
5 ices, capabilities, or applications Such review shall
6 be conducted in accordance with procedures estab-
7 lished by the Commission
8 "(4) COST RECOVERY. -
9 "(A) To the extent that the review under
10 paragraph (3) identifies an underpayment of an
11 amount meeting the minimum percentage speci-
12 fied in subparagraph (B) of the fee required
13 under subsections (c)(1) and (e)(2) for the pe-
14 riod of review, the cable operator shall reim-
15 burse the franchising authority the reasonable
16 costs of any such review conducted by an mde-
17 pendent third party, as determined by the Com-
18 mission, with respect to such fee The costs of
19 any contingency fee arrangement between the
20 franchising authority and the independent ie-
21 viewer shall not be subject to reimbursement
22 "(B) The Commission shall determine by
23 rule the minimum percentage underpayment
24 that requires cost reimbursement under sub -
25 paragraph (A)
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1 11(5) LIMITATION —Any fee that is not reviewed
2 by a franchising authority within 3 ,years after it is
3 paid or remitted shall riot be subject to later review
4 by the franchising authority under this subsection
5 and shall be deemed accepted in full payment by the
6 franchising authority
7 "(n) ACCESS TO PROGRAMMING FOR SHARED FA-
8 CILITIES.—
9 "(1) PROHIBITION —A cable programming ven-
10 dor in which a cable operator has an attributable in-
11 terest shall not deny a cable operator with a national
12 franchise under this section access to video program -
13 mmg solely because such cable operator uses a
14 headend for its cable system that is also used, under
15 a shared ownership or leasing agreement, as the
16 headend for another cable system
17 "(2) DEFINITION —The term `cable program -
18 ming vendor' means a person engaged in the produc-
19 tion, creation, or wholesale distribution for sale of
20 video programming which is primarily intended for
21 the direct receipt by cable operators for their re-
22 transmission to cable subscribers
23 "(o) GROSS REVENUES —As used in this section
24 "(1) IN GENERAL — Subject to paragraphs (2)
25 and (3), the term `gross revenues' means all consid-
.HR 5252 IH #2 15
01
1 eratron of any kind or nature, ineludmg cash, ered-
2 its, property, and in-kind contributions (services or
3 goods) received by the cable operator from the provr
4 sion of cable service within the franchise area
5 14(2) INCLUDED ITEMS — Subject to paragraph
6 (3), the term `gross revenues' shall include the fol-
7 lowing
8 "(A) all charges and fees paid by sub -
9 scribers for the provision of cable service, in-
10 eluding fees attributable to cable service when
11 sold individually or as part of a package or bun -
12 die, or functionally integrated, with services
13 other than cable service,
14 "(B) any franchise fee imposed on the
15 cable operator that is passed on to subscribers,
16 "(C) compensation received by the cable
17 operator for promotion or exhibition of any
18 products or services over the cable service, such
19 as on `home shopping' or similar programming,
20 "(D) revenue received by the cable oper-
21 ator as compensation for carriage of video pro -
22 grarnnung or other programming service on
23 that operator's cable service,
-HR 5252 1H
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1 "(E) all revenue derived from the cable op-
t erator's cable service pursuant to compensation
3 arrangements for advertising, and
4 "(F) any advertising commissions paid to
5 an affiliated third party for cable services ad-
6 vertising
7 "(3) ExcLITDED ITEMS —The term `gross reve-
8 nues' shall not include the following
9 "(A) any revenue not actually received,
10 even if billed, such as bad debt net of any re-
11 coveries of bad debt,
12 "(B) refunds, rebates, credits, or discounts
13 to subscribers or a municipality to the extent
14 not already offset by subparagraph (A) and to
15 the extent such refund, rebate, credit, or dis-
16 count is attributable to the cable service,
17 "(C) subject to paragraph (4), any reve-
18 mies received by the cable operator or its affli-
19 ates from the provision of services or eapabili-
20 ties other than cable service, including tele-
21 communications services, Internet access serv-
22 ices, and services, capabilities, and applications
23 that may be sold as part of a package or bun -
24 dle, or functionally integrated, with cable serv-
25 ice,
-HR 5252 IH 2 1 r7
33
1
"(D) any revenues received by the cable
2
operator or its affiliates for the provision of di-
3
rectory or Internet advertising, including yellow
4
pages, wlnte pages, banner advertisement, and
5
electronic publishing,
6
"(E) any amounts attributable to the pro-
7
vision of cable service to customers at no
8
charge, including the provision of such service
9
to public institutions without charge,
10
"(F) any tax, fee, or assessment of general
11
applicability imposed on the customer or the
12
transaction by a Federal, State, or local govern -
13
ment or any other governmental entity, eol-
14
leeted by the provider, and required to be temit-
15
ted to the taxing entity, including sales and use
16
taxes and utility user taxes,
17
"(G) any forgone revenue from the provn-
18
sion of cable service at no charge to any person,
19
except that any forgone revenue exchanged for
20
trades, barters, services, or other items of value
21
shall be included in gross revenue,
22
"(H) sales of capital assets or surplus
23
equipment,
24
"(I) reimbursement by prog raiumers of
25
marketing costs actually incurred by the cable
-HR 5252 Hi
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1 operator for the introduction of new program -
2 mmg, and
3 "(J) the sale of cable services for resale to
4 the extent the purchaser certifies in writing
5 that it will resell the service and pay a franchise
6 fee with respect thereto
7 "(4) FuNTCTIO \ALLY INTEGRATED SERVICES —
8 In the case of a cable service that is bundled or mte-
9 grated functionally with other services, capabilities,
10 or applications, the portion of the cable operator's
11 revenue attributable to such other services, capabih-
12 ties, or applications shall be included in gross rev -
13 enue unless the cable operator can reasonably iden-
14 tifY the division or exclusion of such revenue from
15 its books and records that are kept in the reb lar
16 course of business
17 "(5) AFFILIATE REVENUE — Revenue of an af-
18 filiate shall be included in the calculation of gross
19 revenues to the extent the treatment of such revenue
20 as revenue of the affiliate has the effect (whether in-
21 tentional or unintentional) of evading the payment
22 of franchise fees which would otherwise be paid for
23 cable service
-RR 5252 IH
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1 11(6) AFFECT ON OTHER LAW — Nothing in this
2 section is intended to hmrt a franchising authority's
3 rights pursuant to section 622(h)
4 "(p) ADDITIONAL DEFINITIONS —For purposes of
5 this section
6 "(1) CABLE OPERATOR —The term `cable oper-
7 ator' has the meaning provided in section 602(5) ex-
8 cept that such term also includes a person of group
9 with a national franchise tinder this section
10 "(2) FRA.NaHISE FEE —
11 "(A) The term `franchise fee' includes any
12 fee or assessment of any kind imposed by a
13 franchising authority of other governmental en-
14 tity on a person or group providing cable serv-
15 we in a franchise area under this section, or on
16 a subscriber of such person or group, or both,
17 solely because of their status as such
18 "(B) The term `franchise fee' does not in-
19 clude-
20 "(1) any tax, fee, or assessment of
21 general applicability (including any such
22 tax, fee, or assessment imposed on both
23 utilities and a person or group providing
24 cable service in a franchise area under this
25 section (or the services of such person or
.HR 5252 IH
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36
I ;coup) but not including a fee or assess -
2 meat which is unduly discriminatory
3 against such person or group or the sub -
4 scribers of such person or gioup),
5 "(u) any fee assessed under sub -
6 section (e)(2) for support of public, edu-
7 cational, and governmental use and mstitu-
8 tional networks (as such term is defined in
9 Section 611(f)),
10 "(m) requirements or charges under
11 subsection (f)(2) for the management of
12 public rights -of -way, including payments
13 for bonds, security funds, letters of credit,
14 insurance, indemnification, penalties, or
15 liquidated damages, or
16 "(iv) any fee imposed under title 17,
17 United States Code
18 "(3) INTERNET ACCESS SERVICE —The teim
19 `Internet access service' means a service that enables
20 users to access content, information, electronic mail,
21 or other services offered over the Internet
22 "(4) UNIT OF GENERAL LOCAL GOVERN -
23 MENT —The term `unit of general local government'
24 means-
-HR 5252 IH
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1 "(A) a county, township, city, or political
2 subdivision of a county, township, or city,
3 "(B) the District of Columbia, or
4 "(C) the recognized governing body of an
5 Indian tribe or Alaskan Native village that car -
6 ries out substantial governmental duties and
7 powers ".
8 (b) IAIPLFMFNTINO REGULATIONS —The Federal
9 Communications Commission shall prescribe regulations
10 to implement the amendment made by subsection (a) with -
11 in 120 days after the date of enactment of this Act
12 SEC. 102. DEFINITIONS.
13 Section 602 of the Communications Act of 1934 (47
14 U S C 522) is amended-
15 (1) in paragraph (4), by inserting before the
16 semicolon at the end the following ", or its eguiva-
17 lent as determined by the Commission",
18 (2) in paragraph (5)(A), by inserting "(regard -
19 less of whether such person or group provides such
20 service separately or combined with a telecommum-
21 cations semice or information service)" after "over
22 a cable system ", and
23 (3) by striking paragraph (6) and inserting the
24 followng-
25 "(6) the term `cable service' tneans-
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1 "(A)(i) the one -way transmission to sub -
2 scribers of (I) video programming, or (II) other
3 programming service, and
4 '`(n) subscriber interaction, if any, which is
5 required for the selection or use of such video
6 programming or other programming service, or
7 "(B) the transmission to subscribers of
8 video programming or other programming serv-
9 ice provided through vvuelme facilities located
10 at least in part in the public rights -of -way,
11 without regard to delivery technology, including
12 Internet protocol technology, except to the ex-
13 tent that such video programming or other pxo-
14 grammmg service 1s provided as part of-
15 "(1) a commercial mobile service (as
16 such term is defined in section 332(d)), or
17 "(n) an Internet access service (as
18 such term is defined in seetnon 630(p)) "
19 SEC. 103. MONITORING AND REPORTING.
20 (a) REPORT ON CABLE SERVICE DEPLOYMENT —
21 The Federal Communications Commission shall, com-
22 meneing not later than one year after the date of enact -
23 ment of this Act, issue a report annually on the deploy -
24 ment of cable service In its report, the Commission shall
25 describe in detail—
.HR 5252 1H
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1 (1) with respect to deployment by new cable op-
2 craters -
3 (A) the progress of deployment of such
4 service within the telephone service area of
5 cable operators, if the operator is also an in-
6 cumbent local exchange carrier, including a
7 comparison with the progress of deployment of
8 broadband services not defined as cable services
9 within such telephone service area,
10 (B) the number of franchise areas in which
11 such service is being deployed and offered,
12 (C) where such service is not being de-
13 ployed and offered, and
14 (D) the number and locations of franchise
15 areas in which the cable operator is serving only
16 a portion of the franchise area, and the extent
17 of such service within the franchise area,
18 (2) the number and locations of franchise areas
19 in winch a cable operator with a franchise under sec -
20 tion 621 of the Communications Act of 1934 (47
21 IT S C 541) on the date of enactment of this Act
22 withdraws sem e from any portion of the franchise
23 area for which it previously offered service, and the
24 extent of such withdrawal of semee within the fran-
25 chose area,
-HR 5252 IH
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
40
(3) the rates generally charged for cable service,
(4) the rates charged by overlapping, competing
multichannel video programming distributors and by
competing cable operators for comparable service or
cable service,
(5) the average household income of those fran-
chise areas or portions of franchise areas where
cable services is being offered, and the average
household income of those franchise areas, or por-
tions of franchise areas, where cable service is not
being offered,
(6) the proportion of rural households to urban
households, as defined by the Bureau of the Census,
in those franchise areas or portions of franchise
areas where cable service is being offered, and the
proportion of rural households to urban households
in those franchise areas or portions of franehrse
areas where cable service is not bung offered, m-
eluding a State -by -State breakdown of such data
and a comparison with the overall ratio of rural and
urban households in each State, and
(7) a comparison of the services and rates in
areas served by national franchisees under section
630 of the Communications Act of 1934 (as added
-FIR 5252 IR
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1 by section 101 of this Act) and the services and
2 rates in other areas
3 (b) CABLE OPERATOR REPORTS.—The Federal Coin-
4 mumcations Commission is authorized -
5 (1) to require cable operators to report, to the
6 Commission all of the information that the Commis-
7 lion needs to compile the report required by this sec -
8 tion, and
9 (2) to require cable operators to file the same
10 information with the relevant franchising authorities
11 and State commissions
12 TITLE II- ENFORCEMENT OF
13 BROADBAND POLICY STATE -
14 MENT
15 SEC. 201. ENFORCEMENT OF BROADBAND POLICY STATE.
16 MENT.
17 Title VII of the Communications Act of 1934 (47
18 U S C 601 et seq ) is amended by adding at the end the
19 following new section
20 "SEC. 718. ENFORCEMENT OF BROADBAND POLICY STATE.
21 MENT.
22 "(a) AUTTIORITY —The Commission shall have the
23 authority to enforce the Commission's broadband policy
24 statement and the principles incorporated therein
25 "(b) ENFORCEMENT —
.HR 5252 IH
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42
1 "(1) IS GENERAL —This section shall be en-
2 forced by the Commission under titles IV and V A
3 violation of the Commission's broadband policy
4 statement or the principles incorporated therein
5 shall be treated as a violation of this Act
6 "(2) AWamuYI FORFEITURE PENALTY —For
7 purposes of section 503, the maximum forfeiture
8 penalty applicable to a violation described in para-
9 graph (1) of this subsection shall be $500,000 for
10 eaeb violation
11 "(3) ADaUDICATORY AUTHORITY —The Com-
12 mission shall have exclusive authority to adjudicate
13 any complaint alleging a violation of the broadband
14 policy statement and the principles incorporated
15 therein. The Commission shall complete an ad]udica-
16 tory proceeding under this subsection not later than
17 90 days after receipt of the complaint If, upon com-
18 pletion of an agjudicatory proceeding pursuant to
19 this section, the Commission determines that such a
20 violation has occurred, the Commission shall have
21 authority to adopt an order to require the entity
22 subject to the complaint to comply with the
23 broadband policy statement and the principles incor-
24 porated therein Such authority shall be in addition
25 to the authority specified in paragraph (1) to en-
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1 force this section under titles N and V In addition,
2 the Commission shall have authority to adopt proce-
3 dunes for the adjudication of complaints alleging a
4 violation of the broadband policy statement or prin-
5 ciples mcoiporated therein
6 "(4) LIMITATION — Notwithstanding paragraph
7 (1), the Commission's authority to enforce the
8 broadband policy statement and the principles mcor-
9 porated therein does not include authorization for
10 the Commission to adopt or implement rules or ieg-
I1 ulations regarding enforcement of the broadband
12 policy statement and the principles incorporated
13 therein, with the sole exception of the authority to
14 adopt procedures for the adjudication of complaints,
15 as provided in paragraph (3)
16 "(C STIrDY —Within 180 days after the date of en-
17 actment of this section, the Commission shall conduct, and
18 submit to the House Committee on Energy and Commerce
19 and the Senate Committee on Commerce, Science, and
20 Transportation, a study regarding whether the objectives
21 of the broadband policy statement and the principles m-
22 corporated therein are being achieved
23 "(d) DEFINITION —For purposes of this section, the
24 term `Commission's broadband policy statement' means
25 the policy statement adopted on August 5, 2005, and
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1 issued on September 23, 2005, In the Matters of Appro-
2 priate Framework for Broadband Access to the Internet
3 over Wirelme Facilities, and other Matters (FCC 05 -151,
4 CC Docket No 02 -33, CC Docket No 01 -337, CC Dock -
5 et Nos 95 -20, 98 -10, GN Docket No 00-185, CS Dock -
6 et No 02 -52) "
7 TITLE III -VOIP /911
S SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.
9 Title VII of the Communications Act of 1934 (47
10 U S C 601 et seq ) is further amended by adding after
11 section 715 (as added by section 201 of this Act) the fol-
12 lowing new sections
13 "SEC. 716. EMERGENCY SERVICES.
14 "(a) 911 AND E -911 SERVICES —
15 "(1) IN GENERAL, —Each VOIP service pro -
16 vider has a duty to ensure that 911 and E-911 serv-
17 ices are provided to subscribers of VOIP services
18 "(2) USE OF F,XISTING REGIiLATIONS —A
19 VOIP service provider that complies with the Com-
20 mission's regulations requiring providers of VOIP
21 service to supply 911 and E911 capabilities to their
22 customers (Report and Order in '\N C Docket Nos
23 04 -36 and 05 -196) and that are in effect on the
24 date of enactment of this section shall be considered
25 to be in compliance with the requirements of this
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1 section, other than subsection (c), until such regula-
2 tnons are modified or superseded by subsequent reg-
3 ulations
4 "(b) NQN- DISCRIMINATORY ACCESS TO CAPABILI-
5 TIES-
6 "(1) AccF.ss —Each incumbent local exchange
7 carrier (as such term is defined in section 251(h))
8 or government entity with ownership or control of
9 the necessary E -911 infrastructure shall provide any
10 requesting VOIP service provider with nondiscrim-
11 matory access to such infrastructure Sueh carrier
12 or entity shall provide access to the infrastructure at
13 ,lust and reasonable, nondiscriminatory rates, terms,
14 and conditions Such access shall be consistent with
15 industry standards established by the National
16 Emergency Number Association or other applicable
17 industry standards organizations
18 "(2) ENFORCEMENT —The Commission or a
19 State commission may enforce the requirements of
20 this subsection and the Commission's regulations
21 thereunder A VOIP service provider may obtain ae-
22 cess to such infrastructure pursuant to section 717
23 by asserting the rights described In such section
24 "(c) NEW CUSTOMERS —A VOIP service provider
25 shall make 911 service available to new customers within
-HR 8862 111
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1 a reasonable time in accordance with the following require -
2 ments
3 "(1) CONNECTION TO SELECTIVE, ROUTER-
4 For all new customers not within the geographic
5 areas where a VOIP service provider can mime -
6 diately provide 911 service to the geographically ap-
7 propriate PSAP, a VOIP service provider, or its
8 third party vendor, sliall have no more than 30 days
9 from the date the VOIP provider has acquired a cus-
10 tourer to order service piovidmg connectivity to the
11 selective router so that 911 service, or E91 service
12 where the PSAP is capable of receiving and proc-
13 essnig such information, can be provided through
14 the selective router
15 "(2) INTERIM SERVICE —For all new eustomers
16 not within the geographic areas where the VOIP
17 service provider can immediately provide 911 service
18 to the geographically appropriate PSAP, a VOIP
19 service provider shall provide 911 service through -
20 "(A) an arrangement mutually agreed to
21 by the VOIP service provider and the PSAP or
22 PSAP governing authority, or
23 "(13) an emergency response center with
24 national call routing capabilities
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1 Such service shall be provided 24 hours a day from
2 the date a VOIP service provider has acquired a cus-
3 tomer until the VOIP service provider can provide
4 911 service to the geographically appropriate PSAP
5 "(3) NOTICE — Before providing service to any
6 new customer not within the geographic areas where
7 the VOIP service provider can immediately provide
8 911 service to the geographically appropriate PSAP,
9 a VOIP service provider shall provide such customer
10 with clear notice that 911 service will be available
11 only as described in paragraph (2)
12 "(4) RESTRICTION ON ACQUISITION OF NEW
13 CUSTOMERS A VOIP service provider may not ac-
14 quire new customers vvithm a geographic area served
15 by a selective router if, within 180 days of first ac-
16 quiring a new customer in the area served by the se-
17 lective router, the VOIP service provider does not
18 provide 911 serviee, or E911 service where the
19 PSAP is capable of receiving and processing such in-
20 formation, to the geographically appropriate PSAP
21 for all existing customers served by the selective
22 router
23 "(5) ENFORCEMENT NO FIRST WARNINGS -
24 Paragraph (5) of section 503(b) sliall not apply to
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1 the assessment of forfeiture penalties for violations
2 of this subsection or the regulations thereunder
3 "(d) STATE A17TI10RITY — Nothing in this Act or any
4 Commission regulation or order shall prevent the imposr-
5 tion on or collection from a VOIP service provider, of any
6 fee or charge specifically designated or presented as dedi-
7 cated by a State, political subdivision thereof, or Indian
8 tribe on an equitable, and non - discriminatory basis for the
9 support of 911 and E -911 services if no portion of the
10 revenue derived from such fee or charge is obligated or
11 expended for any purpose other than support of 911 and
12 E -911 services or enhancements of such services
13 "(e) FEASIBILITY —In establishing requirements or
14 obligations under subsections (a) and (b), the Commission
15 shall ensure that such standards impose requirements or
16 obligations on VOIP service providers and entities with
17 ownership or control of necessary E -911 infrastructure
18 that the Commission determines are technologically and
19 operationally feasible In determining the requirements
20 and obligations that are technologically and operationally
21 feasible, the Commission shall take into consideration
22 available industry technological and operational standards
23 "(f) PROGRESS REPORTS —To the extent that the
24 Commission concludes that it is not technologically or
25 operationally feasible for VOIP service providers to comply
.HR 5252 IR
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1 with E -911 requirements or obligations, then the Com-
2 mission shall subrmt reports to the Committee on Energy
3 and Commerce of the House of Representatives and the
4 Committee on Commerce, Science, and Transportation of
5 the Senate on the progress in attaining and deploying E-
6 911 service Such reports shall be submitted semiannually
7 until the Commission concludes that it is technologically
8 and operationally feasible for all VOIP service providers
9 to eomply with E -911 requirements and obligations Such
10 reports may include any recommendations the Commmssion
11 considers appropriate to eneonrage the migration of emer-
12 gency services to TCP/IP protocol or other advanced serv-
13 ices
14 "(h) ACCESS TO INFORAIATION —The Commission
15 shall have the authority to compile a list of PSAP contact
16 information, testing procedures, and classes and types of
17 serviccs supported by PSAPs, or other information con-
18 cerning the necessary E -911 infrastructure, for the pin-
19 pose of assisting providers in complying with the require-
20 ments of this section
21 "(h) EMERGENCY ROUTING NUMBER ADMINIS-
22 TRATOR — Within 30 days after the date of enactment of
23 this section, the Federal Communications Commission
24 shall establish an emergency routing number admmis-
25 trator to enable VOIP service providers to acquire non-
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I dialable pseudo - automatic number Identification numbers
2 for 9 -1 -1 routing purposes on a national scale The Com-
3 mission may adopt such Riles and practices as axe nee-
4 essary to guide such administrator in the fair and expedi-
5 tious assignment of these numbers
6 "(i) EMERGENCY RESPONSE SYSTEMS —
7 "(1) NOTICE PRIOR TO INSTALLATION OR NUM-
8 BER ACTIPATION OF VOIP SERVICE —Prior to instal-
9 lation or number activation of VOIP service for a
10 customer, a VOIP service provider shall provide
11 clear and conspicuous notice to the customer that-
12 "(A) such customer should arrange with
13 his or her emergency response system provider,
14 if any, to test such system after installation,
15 "(B) such customer should notify his or
16 her emergency response system provider after
17 VOIP service Is installed, and
18 "(C) a battery backup Is required for cus-
19 tomer premises equipment installed in connee-
20 tion with the VOIP service in order for the sig-
21 nahng of such system to function in the event
22 of a power outage
23 "(2) DEFINITION —In this subsection
24 "(A) The term `emergency response sys-
25 tom' means an alarm or security systern, or per-
-HR 5252 IH
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1 sonal security or medical monitoring system,
2 that is connected to an emergency response cen-
3 ter by means of a telecommunications carrier or
4 VOIP service provider
5 "(B) The term `emergency response center'
6 means an entity that monitors transmissions
7 from an emergency response system
8 "(1) MIGRATION TO IP- ENABLED EMERGENCY NET -
9 WORIi —
10 "(1) NATIONAI, REPORT —No more than 18
11 months after the date of the enactment of this sec -
12 tion, the National 911 Implementation and Cooidr-
13 nation Office shall develop a report to Congress on
14 migrating to a national IP- enabled emergency net -
15 work capable of receiving and responding to all cit-
16 izen activated emergency communications
17 "(2) CONTENTS OF REPORT—The report re-
18 Uuned by paragraph (1) shall -
19 "(A) outline the potential benefits of such
20 a migration,
21 "(B) rdentrf5v barriers that must he over -
22 eome and funding mechanisms to address those
23 barriers,
24 "(C) include a proposed timetable, an out -
25 fine of costs and potential savings,
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1 "(D) provide recommendations on specific
2 legislative language,
3 "(E) pro�nde recommendations on any leg -
4 islative changes, including updating definitions,
5 to facilitate a national IP- enabled emergency
6 network, and
7 "(F) assess, collect, and analyze the expe-
8 riences of the PSAI's and related public safety
9 authorities who are conducting trial deploy
10 meats of IP- enabled emergency networks as of
11 the date of enactment of this section
12 "(3) CONSULTATION —In developing the report
13 required by paragraph (1), the Office shall consult
14 -with representatives of the public safety community,
15 technology and telecommunications providers, and
16 others it deems appropriate
17 "(k) IMPLEMENTATION -
18 "(1) DEADLINE —The Commission shall pre -
19 scribe regulations to implement this section within
20 120 days after the date of enactment of this section
21 "(2) LI.MITATION- Nothing in this section
22 shall be construed to permit the Commission to issue
23 regulations that require or impose a specific tech -
24 nology or teehnolobncal standard
25 "(1) DEFINITIONS —Fax purposes of this section
-HR 5252 HI
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7
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"(1) VOIP SERVICE —The term `VOIP semee'
means a service that —
"(A) provides real -time 2 -way voice com-
munications transmitted through customer
premises equipment using TCP/IP protocol, or
a successor protocol (including when the voice
communication is converted to or from TCP/IP
protocol by the VOIP service provider and
tiansnntted to the subscriber «vithout use of cir-
cuit switching), for a fee,
"(B) is offered to the public, or such class-
es of users as to be effectively available to the
public (whether part of a bundle of services or
sepdiately), and
"(C) has the capability so that the service
can originate traffic to, and terminate traffic
from, the public switched telephone network
"(2) VOID SERVICE PROVIDER —The term
`VOIP service provider' means any person who pro -
vides or offers to provide a VOIP service
"(3) NECESSARY E -911 INFRASTRUCTURE—
The term `necessary E -911 infrastructure' means
the selective routers, selective router databases,
automatic location information databases, master
street address guides, trunk lines between selective
.HR 5252 IH
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1 routers and PSAPs, trunk lines between automatic
2 location information databases and PSAPs, and
3 other 911 and E -911 equipment, facilities, data -
4 bases, interfaces, and related capabilities specified
5 by the Commission
6 11(4) NOS- DIALABLE PSEUDO - AUTOMATIC NUM -
7 BER IDENTIFICATION NITAIBER —The term `non -
8 dialable pseudo - automatic number identification
9 number' means a number, consisting of the same
10 number of dig-its as numbers used for automatic
11 number identification, that is not a North American
12 Numbering Plan telephone directory number and
13 that may be used in place of an automatic number
14 identification number to convey special meaning
15 The special meaning assigned to the non - dialable
16 pseudo - automatic number identification number is
17 determined by nationally standard agreements, or by
18 individual agreements, as necessary, between the
19 system originating the call, intermediate systems
20 handling and routing the call, and the destination
21 system
22 "SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE
23 PROVIDERS.
24 "(a) IN GENERAL. —
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1 "(1) FACILITIES -BASED VOIP SERVICE PRO -
2 VIDERS —A facilities -based VOIP service provider
3 shall have the same rights, duties, and obligations as
4 a requesting telecommunications carrier under sec -
5 tions 251 and 252, if the provider elects to assert
6 such rights
7 "(2) VOID SERVICE PROVIDERS. —A V01P serv-
8 ice provider that is not a facilities -based VOIP serv-
9 ice provider shall have only the same rights, duties,
10 and obligations as a requesting telecommunications
11 carnet under sections 251(b), 251(e), and 252, if
12 the pio -Mer elects to assert such rights
13 "(3) CLARIFYING TREATMENT OF VOIP SERV-
14 ICE —A telecommunications carrier may use inter -
15 connection, services, and network elements obtained
16 pursuant to sections 251 and 252 from an incum-
17 bent local exchange carrier (as such term is defined
18 in section 251(h)) to exchange VOIP service traffic
19 with such incumbent local exchange carrier regard -
20 less of the provider miginatmg such VOIP service
21 traffic, including an affiliate of such telecommuni-
22 cations carrier
23 "(b) DISABLED ACCESS —A VOIP service provider
24 or a manufacturer of V01P service equipment shall have
25 the same rights, duties, and obligations as a telecormanni
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1 cations carrier or telecommunications equipment manufac-
2 turer, respeetively, under sections 225, 255, and 710 of
3 the Act Within 1 year after the date of enactment of this
4 Act, the Commission, in consultation Avith the Architee-
5 tural and Transportation Barriers Compliance Board,
6 shall prescribe such regulations as are necessary to imple-
7 ment this section In implementing this subsection, the
8 Commission shall consider whether a VOIP service pro-
9 vider or manufacturer of VOIP service equipment pri-
10 manly markets such service of equipment as a substitute
11 for telecommunications service, telecommunications equip-
12 ment, customer premises equipment, or telecommum-
13 cations relay services
14 "(c) DEFINITIONS —For purposes of this section
15 "(1) FACILITIES - BASED VOIP SERVICE PRO -
16 VIDER —The term `facilities -based VOIP service
17 provider' means an entity that provides VOIP serv-
18 ice over a physical facility that terminates at the end
19 user's location and which such entity or an affiliate
20 owns or over which such entity or affiliate has exclu-
21 sive use An entity or affiliate shall be considered a
22 facilities -based VOIP service provider only in those
23 geographic areas where such terminating physical
24 facilities are located
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1 "(2) VOIP SERVICE PROVIDER, VOlP SERVICE —
2 The terms `VOIP service prouder' and `VOIP serv-
3 ice' have the meanings given such terms by section
4 7160) "
5 TITLE N- MUNICIPAL
6 PROVISION OF SERVICES
7 SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERV-
8 ICES.
9 (a) IN GENERAL — Neither the Communications Act
10 of 1934 nor any State statute, regulation, or other State
11 legal requirement may prohibit or have the effect of pro -
12 hibnting any public provider of telecommunications service,
13 nnformation service, or cable service (as such terms are
14 defined in sections 3 and 602 of such Act) from providing
15 such services to any person or entity
16 (b) COMPETITION NEUTRALITY —Any State or polrt-
17 real subdiwsion thereof, or any agency, authority, or in-
18 strumentalrty of a State or political subdivision thereof,
19 that is, owms, controls, or is othertvise affiliated with a
20 public provider of telecommunications service, information
21 service, or cable service shall note ant any preference or
22 advantage to any such provider Such entity shall apply
23 its ordinances, rules, and policies, including those relating
24 to the use of public rights -of -way, permitting, performance
25 bonding, and reporting without discrimination in favor of
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1 any such provider as compared to other providers of such
2 services
3 (e) COMPLIANCE VITA OTHER LAwS NOT AF-
4 FECTED — Nothing in this section shall exempt a public
5 provider from any law or regulation that applies to pro -
6 eiders of telecommumcatrons service, information service,
7 or cable service
8 (d) REPORT. —Not later than 1 year after the date
9 of the enactment of this Act, the Federal Communications
10 Commission shall submit to the Congress a report on the
11 status of the provision of telecommunications service, in-
12 formation service, and cable service by States and political
13 subdivisions thereof
14 (e) DEFINITION OF PUBLIC PRO «DER —Fox pur-
15 poses of this section, the term "public provider" means
16 a State or political subdivision thereof, or any agency, au-
17 thorrty, or instrumentality of a State or political subdrvi-
18 stun thereof, that provides telecommunications service, in-
19 formation service, or cable service, or any entity that is
20 owned, controlled, or is otherwise affiliated with such
21 State or political subdivision thereof, or agency, authority,
22 or instrumentality of a State or political subdivision there -
23 of
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1 TITLE V- BROADBAND SERVICE
2 SEC. 501. STAND -ALONE BROADBAND SERVICE.
3 Tale VII of the Communications Act of 1934 (47
4 U S C
601
et
seq ) is further amended by adding after
5 section
717
(as
added by section 301 of this Act) the fol-
6 lowing new section
7 "SEC. 718. STAND -ALONE BROADBAND SERVICE.
8 "(a) PROIIIBITIO\ —A broadband service provider
9 shall not require a subscriber, as a condition on the pur-
10 chase of any broadband service the provider offers, to pur-
11 chase any cable service, telecommunications service, or
12 VOIP service offered by the provider
13 "(b) DEFIlNITIO-.\ S —In this section
14 "(1) The term `broadband service' means a tivo-
15 way transrmssion service that connects to the Inter -
16 net and transmits information at an average rate of
17 at least 200 kilobits per second in at least one direc-
18 tion
19 "(2) The term `broadband service provider'
20 means a person or entity that controls, operates, or
21 resells and controls any facility used to provide
22 broadband service to the public, by whatever tech -
23 nology and whether provided for a fee, in exchange
24 for an explicit benefit, or for free
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1 "(3) The term `V01P service' has the meaning
2 given such term by section 71 6(j) "
3 SEC. 502. STUDY OF INTERFERENCE POTENTIAL OF
4 BROADBAND OVER POWER LINE SYSTEMS.
5 Within 90 days after the date of enactment of this
6 Art, the Federal Communications Commission shall con-
7 duct, and submit to the Committee on Energy and Com-
8 merce of the House of Representatives and the Committee
9 on Commerce, Science, and Transportation of the Senate,
10 a study of the Interference potential of broadband over
11 power line systems
12 TITLE VI-- SEAMLESS MOBILITY
13 SEC. 601. DEVELOPMENT OF SEAMLESS MOBILITY.
14 (a) STREAMLINED REVIEW -
15 (1) The Commission shall further the develop -
16 ment of seamless mobility
17 (2) Within 120 days after the date of enact -
18 ment of this Act, the Commission shall Implement a
19 process for streamlined review and authorization of
20 multi -mode devices that permit communication
21 across multiple, Internet protocol- enabled broadband
22 platforms, facilities, and networks
23 (b) STL DY —The Commission shall undertake an in-
24 quiry to Identify barriers to the achievement of seamless
25 inobihty Within 180 days after the date of enactment of
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1 this Act, the Commission shall report to the Congress on
2 its findings and its recommendations for steps to eliminate
3 those barriers
4 (e) DEFINITIONS —For purposes of this section, the
5 term "seamless mobility" means the ability of a connnu-
6 mentions device to select between and utilize multiple
7 Internet protocol - enabled technology platforms, facilities,
8 and networks in a real -time manner to provide a unified
9 service
O
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May 17, 2006
The Honorable Ted Lieu
State Capitol
P O Box 942849
Sacramento, CA 94249 -0053
Re: Cable and Video Service. AB 2987 (Nunez) — Letter of Opposition
Dear Assemblyman Lieu
We are writing to oppose AB 2987 The bill proposes to enact the Digital Infrastructure
and Video Competition Act of 2006, which will have a profound impact on California
communities and will set the regulatory template for telecommunications services in this
state for many years to come
The City of El Segundo supports legislative efforts to ensure the provision of competitive
telecommunication services for all consumers and the treating of similar services alike
However, AB 2987 has the potential for undermining the ability of local governments to
protect resident interests and manage public rights -of -way While the stated objectives of
this legislation are to increase price and service competition for video services and the
roll -out of higher speed Internet service, we have concerns over system build -out
provisions, consumer protection and customer service, the loss of video services to
libraries and schools, loss of control over public, educational and governmental (PEG)
access channels and I -NET standards and support, loss of local control over public rights-
of-way, and loss of local revenues from franchise fees and other local fees and taxes
Preemption of Local Franchises
AB 2987 would preempt local franchising authority and establish a new state bureaucracy
with the power to oversee that process in the future The state has never had any authority
over local franchising and has no experience in addressing what are essentially local
issues that arise in any franchising agreement It is important to note that video services
are resident subscnber -dnven services, therefore, customer service accountability should
be at the local level not at the Department of Corporations, which AB 2987 mandates will
be the sole franchising authority in the state
Franchise Fees
In its current form, AB 2987 does not ensure that cities will be "kept whole" with respect
to franchise revenues The City of El Segundo presently receives between $270,000 and
tin
$280,000 in annual fees (based upon an industry standard franchise fee of 5% of gross
cable revenues and a 2% PEG access support fee)
Local Tax Authority
AB 2987 would preempt locally tax and fee authority and places in jeopardy collections
of business license fees and encroachment permit fees, as well as, other local taxes and
fees Cities appear to be prohibited from imposing local fees and taxes such as business
license taxes, encroachment permit fees and building permit fees The bill, at a minimum,
should be amended to protect fees that the local voters approved to ensure the cost of city
services to businesses are recovered
PEG/1 -NET Services
Many communities like El Segundo have established public, education and governmental
(PEG) channels in their local franchise agreements These channels are critical for local
communities and provide excellent educational opportunities for local citizens and are an
integral part of our public information and emergency preparedness programming efforts
Additionally, AB 2987 would eliminate the obligation to provide video services to
libraries, schools and other key government facilities Current PEG channels should be
maintained and an opportunity created in the legislation for communities to establish and
increase the number of PEG channels to serve the community.
hi addition, many communities have established institutional networks (I -NETS) in local
franchise agreements An I -NET is a network of telecommunications lines connecting
schools, libraries, government facilities, nonprofit organizations and/or government
facilities AB 2987 appears to permit these services to expire after a certain date Any
new regulatory scheme should require cable and telecommunication companies to
maintain current I -NET services and permit local communities in the future to adopt I-
NETs.
The provisions of the bill would also result in an elimination of current local franchise
agreements on support for PEG channels and substitute revenue that comes from a 2%
fee on gross revenues Provisions should be amended into the bill to ensure that the
current local fee structure could be maintained if the local community would face a
revenue loss under the new gross revenues calculation
Right -of -Way Authority
AB 2987 fails to clearly spell out the authority of local government to manage the public
rights -of -way. The bill needs to be amended to ensure that local authority is maintained
to address the inevitable problems when deploying new telecommunications
infrastructure. Also, the bill should be amended to ensure that local governments have
control over aesthetic issues when it comes to the deployment of telecommunications
infrastructure
f)^
Emeraency Notification
Local franchise agreements typically require local cable operators to provide notification
capability (that overrides all channels) to citizens of critical information during
emergencies Also, current federal law requires cable operators to cooperate with the
federal Emergency Alert System AB 2987 does not maintain these critical emergency
warning requirements This authority should be maintained in any state bill
Build Out/Discrimination
Local governments in California have been successful in ensuring that cable video
services are deployed equitably in local communities. AB 2987 should be amended to
ensure that new entrants are subject to a build -out standard that sets a reasonable time
frame for the deployment of its telecommunications infrastructure in local communities
This will ensure access to these services by all areas of a community, not Just the most
economically attractive areas of a community.
The City of El Segundo supports healthy competition among telecommunications
providers in our local communities However based upon the concerns outlined above,
the City of El Segundo opposes AB 2987 and urges your oppose the measure in its
current form
Sincerely,
Kelly McDowell
Mayor
Carl Jacobson
Council Member
Enc Busch Jim Boulgandes
Mayor Pro Tem Council Member
Bill Fisher
Council Member
`•48ti
May 17, 2006
The Honorable Jane Harman
U S House of Representatives
2400 Rayburn House Office Building
Washington, DC 20515
Re: HR 5252 (COPE Act) — Letter of Opposition
Dear Congresswoman Harman
The City of El Segundo supports legislative efforts to ensure the provision of competitive
telecommunication services for all consumers and the treating of similar services alike
However in light of the passage by the Energy and Commerce Committee on April 26 "'
of a telecommunications package, we have serous concerns that vital local resources and
authority may be ignored in this debate
Therefore, we are writing to communicate the opposition of the City of El Segundo to HR
5252 The bill (approved by the Energy and Commerce Committee) proposes to enact the
Communications, Opportunity, Promotion, Enhancement Act of 2006 (COPE Act), and
will have a profound impact on California communities and has the potential for
undermining the ability of local governments to protect their residents interests and
manage public rights -of -way
We have concerns over system build -out provisions, consumer protection and customer
service, the loss of video services to libraries and schools, loss of control over public,
educational and governmental (PEG) access channels and I -NET standards and support,
loss of local control over public rights -of -way, and loss of local revenues from franchise
fees and other local fees and taxes More specifically, the City of El Segundo is opposed
to HR5252 for the following reasons
Preemption of Local Franchises
• Nationalizing franchises would undermine the ability of local governments to
protect their residents while subsidizing communications companies' use of local
streets and rights -of -way at the expense of local government budgets and local
taxpayers.
249
• Any legislation needs to protect the authority of local governments to collect
revenues from telecommunications providers and ensure that any future changes
are revenue neutral for local governments.
• Any franchise agreement, whether local, state or national should require that
regulatory fees and/or taxes be applied equitably to all telecommunications
service providers
Rights-of-Ways/Revenues/Enforcement
• HR 5252 permits local governments to manage their rights -of -way, but does not
give them the authority to enforce laws pertaining to the safe use of the public
rights -of -way It is necessary to protect local authority over rights -of -way and
send disputes with providers through the judicial system
• HR 5252 should be amended to guarantee that all existing and any new fees /taxes
remain with local governments to support local public services and mitigate
impacts on local rights -of -way
• HR 5252 should guarantee local governments retain full control over the time,
place and manner for the use of the public right -of -way in providing
telecommunications services, including the appearance and aesthetics of
equipment placed within it.
• Any legislation should require that existing telecommunications providers and
new entrants adhere to local city policies on public utility undergroundmg
Build- out/Anti- Redlining
• HR 5252 contains no build -out provisions and allows new entrants to create their
own franchise areas While the bill contains a provision on anti-redlining/anti-
discrimination, this provision only applies to the franchise area created by the new
entrant Equal access to broadband services through reasonable build -out
schedules must be included in any efforts to overhaul federal telecommunications
law
Public, Education and Government (PEG)/I -NET Services
• HR 5252 limits PEG support to 1% of gross revenues, which would not satisfy all
local governments, as some have negotiated a larger percentage of a providers
gross revenue be diverted towards this end. Any legislation should incorporate
provisions to keep local governments whole by requiring new entrants to pay for
public, educational, and government (PEG) access support, the greater of 1% of
gross revenues, or the per - subscriber equivalent of what the incumbent cable
operator provides for PEG support in its current franchise
• Any legislation should prescribe that the authority for interested communities to
establish I -NET services and support for educational and local government
facilities should remain at the local level
:'5p
Public Safety Services
• Any legislation should prescribe that the authority for E -911 and 911 services
should remain with local government, mcluchng any compensation for the use of
the right -of -way All E -911 and 911 calls made by voice over internet protocol
shall be routed to local public safety answering points (PSAPs); Le, local
dispatch centers
• Additionally, any legislation should prescribe that all video providers must
provide local emergency notification services that can override all video channels
Customer Service Protection
• Finally, we believe that state consumer protection laws should continue to apply
as a minimum standard and should be enforced at the local level Local
governments should retain the authority to assess penalties to improve customer
service.
The City of El Segundo supports healthy competition among telecommunications
providers in our local communities However based upon the concerns outlined above,
the City of El Segundo opposes HR 5252 strongly urges you oppose the measure in its
current form.
Sincerely,
Kelly McDowell
Mayor
Carl Jacobson
Council Member
Eric Busch Jim Boulgandes
Mayor Pro Tern Council Member
Bill Fisher
Council Member
"5'
1
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE- May 16, 2006
AGENDA HEADING. Mayor Pro Tern Eric Busch
Consideration and possible action regarding a presentation and a discussion regarding
assisted living facilities and nursing homes. (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION:
1 Receive and file staff presentation,
2 If desired, direct staff to begin the process of amending the El Segundo Municipal Code
to allow assisted living facilities and nursing homes in additional specified zones, and /or
3 Alternatively, discuss and take other actions related to this item
BACKGROUND & DISCUSSION,
At its April 18, 2006 City Council meeting, I asked staff to conduct research and prepare a
report regarding assisted living facilities and nursing homes as an allowed use in the City of El
Segundo and in what zoning districts they may be appropriate
on next
1 Assisted Living Federation of America Brochure
2 List of Terms and Definitions of Uses Similar to Assisted Living Facilities Currently Allowed
In the El Segundo Municipal Code
3 Chart of Uses That Are Similar to Assisted Living Facilities and the Zoning Districts Where
The Uses Are Permitted
4 Zoning District Map of Proposed Additional Locations for Assisted Living Facilities
FISCAL IMPACT. None
Operating Budget
N/A
Amount Requested
NIA
Account Number,
NIA
Project Phase,
NIA
Appropriation Required, _Yes X No
ORIGINATED BY.
SR 1�1
fo n Eric B
!6%
Pro Tern
DATE.
/Oj of o06
yP0106
21
r5'�)
STAFF REPORT May 16, 2006 Page 2
BACKGROUND & DISCUSSION: (cont.)
Planning and Budding Safety staff conducted research regarding assisted living facilities and
nursing homes and assessed El Segundo's regulations relating to alternative housing options
for seniors. Among other things, staff evaluated how assisted living facilities are defined and
used generally The Assisted Living Federation of America (ALFA) provides a useful guide
(see Exhibit 1) relating to assisted living residences
Assisted living residences typically provide more health - related services than an independent
living retirement community although they do not typically provide the full range of continuous
medical services provided in a skilled nursing facility, Assisted living facilities are generally
designed for seniors, however, these facilities do not have to be age restricted and could also
house disabled persons Staff has researched regulations in other cities and a variety of terms
and variations of definitions are used to address the main components of this land use type
While the existing regulations in the El Segundo Municipal Code do not define assisted living
facilities specifically, there are a number of defined terms that are similar in nature that are
allowed as permitted uses or conditionally permitted uses (see Exhibit 2) Two of these terms
that most closely relate to the definition provided above are "Congregate Living Health
Facility" and "Residential Facility." Both of these uses are allowed in the Multi -Family
Residential (R -3) Zone Exhibit 3 provides a matrix of all related uses, the Zoning districts in
which they are permitted, and whether they are allowed as a permitted use without
discretionary approvals or as a use requiring a Conditional Use Permit (CUP)
The design and size of assisted living facilities and nursing homes, and the services provided
with them, vary tremendously These facilities may be developed with units housed in one
budding or many buildings and contain studio apartments or condo units for their occupants
along with a range of shared or common areas Staff's preliminary observation is that due to
the unique nature of these facilities, a CUP should be required to ensure potential impacts can
be mitigated
PROPOSED LOCATION
As assisted living facilities and nursing homes contain both residential and commercial
components, Planning and Building Safety staff has assessed locations for assisted living
facilities and nursing homes within the City Since residents of assisted living facilities may
sometimes have limited physical mobility, locations that are close to transportation and
commercial services are beneficial Residents of nursing homes are typically less mobile and
the facility would require a large staff base to provide the needed services Staff suggests that
studying the placement of assisted living facilities and nursing homes in the "Grand Avenue
Corridor" between Downtown El Segundo and Sepulveda Boulevard is appropriate The
"Grand Avenue Corridor" includes properties within portions of the Smoky Hollow Specific Plan
area that include the Grand Avenue Commercial (GAC) Zone, the Medium Density Residential
(MDR) Zone, and the Medium Manufacturing (MM) Zone north of Franklin Street This area
would be in addition to the properties within the Multi -Family Residential (R -3) Zone along the
Grand Avenue Corridor and elsewhere throughout the City. Exhibit 4 is a zoning map that
illustrates these areas
�'S3
STAFF REPORT May 16, 2006
BACKGROUND & DISCUSSION: (cont.)
DENSITY
Page 3
Generally, the density for senior housing and for assisted living facilities is much higher than
multi -family residential housing since a preponderance of the assisted living units may be
smaller than multi - family residential housing. Typical densities for these type of establishment
range between 30 and 50 units per acre Further research would be needed to determine an
appropriate level of density since it has a direct effect on potential environmental Impacts and
further research would be needed for environmental review
PARKING
The existing regulations in the El Segundo Municipal Code do not provide parking standards
for defined uses (See Exhibit 2) that are similar to assisted living facilities The only related
parking standard in the El Segundo Municipal Code is a requirement for one parking space for
each two beds for seniors' communities, rest homes and convalescent homes. This would
likely be an inappropriate standard for assisted living facilities since rest homes and
convalescent homes are generally designed for non - ambulatory senior residents who do not
drive and where the parking requirement is designed only to meet the parking demand for
employees and visitors for these types of facilities Since assisted living facilities have two
components, namely a multi - family residential use for living and a commercial use, and
nursing home facilities have a more limited demand for parking, new parking standards are
desirable and would need additional study
RECOMMENDATION
I recommend that the City Council direct staff to begin the process of studying and amending
the El Segundo Municipal Code to allow assisted living facilities and skilled nursing homes as
proposed in this report
P \Planning & Building Safety\Sluriis \Staff Reports Part ZAssissted Lrvmg\Asasted Living CC Staff Report 0516061 Modified doc
154
PAGES 255 -257 INTENTIONALLY BLANK
Assisted Living
Federation of America
11200 Waples Mill Road Suite 150
Fairfax.. VA 22030
703.691.8100 Fax.703.091.8106
Finail: info�ura org www.alfa.org
Guide to Choosing an
ASSISTED
LIVING
Residence
ALFA
Assisted Living
Federation of America
LFA's assisted living guide defines the typical
assisted living residence and what consumers
can expect from an assisted living commu-
mty Also included are suggestions for locating
communities, as well as a valuable checklist to use
when visiting and evaluating a potential new home
for yourself or for a loved one. Assisted living is an
excellent option for semors seeking an independent
and vibrant lifestyle, while also receiving the help they
need with daily activities.
Assisted Living is the long -term care option that
combines housing, support services, and health care,
as needed Semors who choose assisted hying enjoy
an independent lifestyle with assistance customized to
meet their needs, and benefits that enrich their lives,
and promote well-being and family connectedness.
Assisted living promotes independence and dignity
for each resident and encourages the involvement of a
resident's family and friends. Staff is available to meet
both scheduled and unscheduled needs Communities
typically offer dining, as well as social and wellness
activities designed to support a well- rounded lifestyle.
Assisted living residences may also be called resi-
dential care facilities, adult congregate living facilities,
continuing care retirement communities (CCRCs),
personal care homes, retirement homes for adults,
or community residences
A unique transition from independent living
without care, assisted living communities help seniors
enjoy an improved quality of life with independence
and care combined.
Assisted living is a housing and
health -care option that combines
independence and personal care
in a residential setting.
"J9
The Residents
More than one million Americans currently live in
assisted living communities. Assisted living is appropri-
ate for someone who needs some level of assistance
with everyday activities, such as meals, medication
management, transportation, and bathing, for exam-
ple Some residents may suffer from Alzheimer's or
other memory disorders, or they may need assistance
with mobility, incontinence, or other challenges
The Communities
Assisted living communities offer the latest amenities,
privacy, comfort, and beautifully decorated home -
inspired environments for seniors The variety of set-
tings, care offerings, and residences can range from
convenient high -rise apartments near metropolitan
centers to converted Victonan homes, to campus
communities with all the charms of a small town
There is no single blueprint for assisted living because
consumers' preferences and needs vary widely Most
residences have between 25 and 120 units, varying in
size from a single room to a full apartment. They may
be operated by nonprofit or for - profit organizations
Services Offered
Assisted living residences typically provide more
health - related services than an independent living
retirement community. They offer a less - expensive,
residential approach to delivering many of the same
services available in skilled nursing, either by employ-
ing health -care staff or contracting with home health
agencies and other outside professionals
Services in assisted living typically include.
♦ Three meals a day served in a common dining area
�4
• Housekeeping services
• Transportation
• Assistance with eating, bathing, dressing, toileting,
and walling
• Access to health and medical services
• Staff available to respond to both scheduled and
unscheduled needs
• 24 -hour security
• Emergency call systems for each resident's
apartment
• Exercise and wellness programs
• Medication management
• Personal laundry services
• Social and recreational activities
60
Typical Costs
Costs vary with the residence, apartment size,
and types of services needed by residents; however,
assisted living often is less expensive than home health
services or nursing home care in the same geographic
area. The basic rate may cover all services or there
may be additional charges for special services Most
assisted living residences charge month -to -month
rates, but a few require long -term arrangements.
Residents and their families generally pay the cost
of care from their own financial resources. Depend-
ing on the nature of an individual's health insurance
ment communities assisted living services.
THE ASSISTED LIVING
ssisted living brings the best of an independent
home environment together with high - quality
services unavailable at home. In addition to
this guide, ALFA encourages you to look for a general
philosophy of care based on 10 principles that make
assisted living residents the top priority-
Offering cost - effective quality care personalized for
the individual's needs
• Fostering independence for each resident
• Treating each resident with dignity and respect
• Promoting the individuality of each resident
• Allowing each resident choice of care and lifestyle
• Protecting each resident's right to privacy
• Nurturing the spirit of each resident
• Involving family and friends in care planning and
implementation
• Providing a safe, residential environment
• Making the assisted living residence a valuable
community asset
261
program or long -term
How to Find an
care insurance policy,
Assisted Living
Residence
some costs maybe ream-
* Call ALFA for a list
burnable In addition,
of residences in your
some residences have
state, 703 691 8100,
their own financial assis-
or visit the consumer
section of ALFA Online
tance programs. Some
at www alfa org
state and local govern-
* Call the national
ments offer subsidies for
Eldercare Locator, a
public service of the
rent or service for
U S Administration on
income - eligible seniors
Aging, at 800 6771116
Calls are accepted
Others may provide sub -
between 9 am and
sidies in the form of an
5 p m Monday - Friday
additional payment for
♦ Contact your local
Area Agency on Aging,
those who receive
generally listed in the
Supplement Security
blue pages of your
Income (SSI) or
telephone directory, or
search online at
Medicaid. Some states
www n4a org
also use Medicaid waiver
♦ Check your library
for directories of retire-
programs to help pay for
ment communities assisted living services.
THE ASSISTED LIVING
ssisted living brings the best of an independent
home environment together with high - quality
services unavailable at home. In addition to
this guide, ALFA encourages you to look for a general
philosophy of care based on 10 principles that make
assisted living residents the top priority-
Offering cost - effective quality care personalized for
the individual's needs
• Fostering independence for each resident
• Treating each resident with dignity and respect
• Promoting the individuality of each resident
• Allowing each resident choice of care and lifestyle
• Protecting each resident's right to privacy
• Nurturing the spirit of each resident
• Involving family and friends in care planning and
implementation
• Providing a safe, residential environment
• Making the assisted living residence a valuable
community asset
261
he following checklist is your guide to the
important services, amenities, accommoda-
dons, and care provided by assisted living
communities Every community is unique. ALFA
recommends mating several visits at various times
of day to each residence you are considering
Ask the residence for written material, includ-
ing copies of the community's resident agreement
that outlines, at a minimum, services, prices, extra
charges, admission and discharge criteria,
staffing, and house rules. A disclosure statement
that discusses ownership and financial solvency of
the provider may also be available For a sample
consumer information statement, visit the con-
sumer section of ALFA Online at www alfa.org
As you begin your search for an assisted living
community, assess your current needs and be
prepared to ask each provider how it might accom-
modate any changes in your needs over time. Examine
your finances and ask about costs. Monthly rates and
fee structures vary
Most of all, if you are
How are Assisted
seeking a residence for
Living Communities
someone who cannot visit
Regulated and
Licensed?
the residence personally,
Regulations and licen-
it's important to respect
sure requirements vary
their needs and wishes
from state to state,
by including them in the
contributing to a wide
range of senior hous-
process as much as possi-
ing models that are
ble The result will be
considered assisted
their greater satisfaction,
living The most pro-
gressive state regula-
As you assess assisted
tions are consumer -
living residences, you will
focused, balancing
likely visit a number of
the concerns everyone
shares with the con -
communities. To help you
sumer's desire to
determine the one that's
retain maximum inde-
right for you or your
pendence and freedom
of choice Most
loved one, consider the
providers and their
following questions to
staff have specialized
evaluate each community
ongoing training based
on standards of care
based on your needs
established by their
Also ask whether the
assisted living resi-
community is a mem-
dente In addition,
her of the Assisted
some states require
special training and
Living Federation of
staff certification
America, which demon-
Residences must
comply with local
strates a commitment to
budding codes and
excellence and ongoing
fire safety regulations
professional development.
Atmosphere
• As you arrive at the residence, do you like its
location and outward appearance?
• As you enter the lobby and tour the residence,
is the decor attractive and homelike?
0 Do you receive a warm greetmg from staff
welcoming you to the residence?
❑ Does the administrator /staff call residents by
name and interact warmly with them as you
tour the residence?
❑ Do residents socialize with each other and
appear happy and comfortable?
• Are you able to talk with residents about how
they like the residence and staff?
• Do the residents seem to be appropriate
housemates for you or your loved one?
• Are staff members appropriately dressed,
personable, and outgoing?
• Do the staff members treat each other in a
professional manner?
• Are the staff members that you pass during your
tour friendly to you?
❑ Are visits with the resident welcome at any time?
Physical Features
• Is the community well- designed for your needs?
• Is the floor plan easy to follow?
• Are doorways, hallways, and rooms
accommodating to wheelchairs and walkers?
• Are elevators available for those unable to use
stairways?
❑ Are handrails available to aid in walking?
U Are cupboards and shelves easy to reach?
❑ Are floors of a non -skid material and carpets
firm to ease wallnng?
❑ Does the residence have good natural and
artificial hghting?
❑ Is the residence clean, free of odors, and
appropriately heated/cooled?
❑ Does the residence have sprinklers and clearly
marked exits?
❑ Does the residence have a means of security if
a resident wanders?
Needs Assessments, Contracts,
Costs & Finances
❑ Is a contractual agreement available that
discloses health -care and supportive services,
all fees, as well as admission and discharge
provisions? What are the policies for refunds
and transfers?
❑ Is there a written plan for the care of each
resident?
❑ Does the residence have a process for assessing
a potential resident's need for services and are
those needs addressed periodically?
❑ Does this process include the resident, and his
or her family and facility staff, along with the
potential resident's physician
❑ Are there any government, private, or corporate
programs available to help cover the cost of
services to the resident?
2 6 .i
Consumer Checklist
❑ Are additional services available d the resident's
needs change?
❑ Is there a procedure to pay for additional
services like nursing care when the services
are needed on a temporary basis?
❑ Are there different costs for various levels or
categories of services?
❑ Do billing, payment, and credit policies seem
fair and reasonable?
❑ May residents handle their own finances with
staff assistance if able, or should a faintly
member or outside parry be designated to do so?
❑ Are residents reqwred to purchase renters'
insurance for personal property in their units?
❑ Is there an appeals process for dissatisfied
residents?
Medication & Health Care
❑ Does the residence have specific policies
regarding storage of medication, assistance with
medications, training and supervision of staff,
and record keeping?
❑ Is self - administration of medication allowed?
❑ Is there a staff person to coordinate home health
care visits from a nurse, physical therapist,
occupational therapist, etc. if needed?
❑ Is staff available to assist residents who
experience memory, orientation, or judgment
losses?
❑ Does the residence have a clearly stated
procedure for responding to a resident's
medical emergency?
❑ Does a physician or nurse visit residents regularly
to provide medical checkups?
❑ To what extent are medical services available,
and how are these services provided?
Services
• Is staff available to meet scheduled and
unscheduled needs?
• Can the residence provide a list of services
available?
❑ Is staff available to provide 24 -hour assistance
with activities of daily living (ADIs) if needed?
ADIs include dressing, eating, mobility, hygiene
and grooming, bathing, todeang, using the
telephone, shopping, and laundry
❑ Does the residence provide housekeeping
services in residents' units?
❑ Can residents arrange for transportation on
fairly short notice?
❑ Are pharmacy, barber/beautician, and/or
physical therapy services offered on -site?
❑ Does the residence provide transportation to
doctors' offices, the hairdresser, shopping, and
other activities desired by residents?
Individual Unit Features
• Are different sizes and types of units available?
• Are units for single and double occupancy
available?
❑ Do residents have their own lockable doors?
❑ Is a 24 -hour emergency response system
accessible from the unit?
❑ Are bathrooms private and designed to
accommodate wheelchairs and walkers?
❑ Are residents able to bring their own furnishings
for their unit? What may they bring? What is
provided?
❑ Do all units have a telephone and cable or satellite
TV? Row is bilhng handled?
• Is a kitchen area provided with a refrigerator,
sink, and cooking element?
• May residents keep food in their units?
• May residents smoke in their units? In public
spaces?
• May residents decorate their own units?
Social & Recreational Activities
• Is there evidence of organized activities,
such as a posted daily schedule, events in
progress, reading materials, visitors, etc ?
• Do residents participate in activities outside of
the residence in the neighboring community?
• Does the residence have its own pets?
❑ Are residents' pets allowed in the residence?
Who is responsible for their care?
❑ Do volunteers, including family members,
come into the residence to help with or to
conduct programs?
❑ Does the residence create a sense of community
by encouraging residents to participate in
activities?
Food Service
❑ Do dining room menus vary from day to day
and meal to meal?
❑ Does the residence provide three nutritionally
balanced meals a day, seven days a week?
❑ Are snacks available?
❑ May a resident request special foods, and can
the residence accommodate special dietary needs?
❑ Are common dining areas available?
❑ May residents eat meals in their units?
❑ May meals be provided at a time a resident
would like, or are there set times for meals?
,, 7j
H ,,
Exhibit 2
1
Term
Definition
A residential home that provides inpatient care to not more than
six (6) persons, including, but not limited to, basic services such
as medical supervision, twenty four (24) hour skilled nursing and
Congregate Living Health
supportive care, pharmacy, dietary, and social recreation The
Facility
primary need of congregate living health facility residents shall be
for availability of skilled nursing care on a recurring, intermittent,
extended, or continuous basis This care is generally less intense
than that pro vided in skilled nursing facilities.
A state licensed facility that provides twenty four (24) hour
Intermediate Care Facility/
personal care, habilitation, developmental, and supportive health
Developmentally Disabled
services to developmentally disabled persons who have
— Habildative
intermittent recurring needs for nursing services, but have been
certified by a physician and surgeon as not requiring availability
of continuous skilled nursing care
A state licensed facility that provides twenty four (24) hour
personal care and nursing supervision for developmentally
disabled persons who have intermittent recurring needs for skilled
Intermediate Care Facility/
nursing care but have been certified by a physician and surgeon
Developmentally Disabled
as not requiring availability of continuous skilled nursing care
— Nursing
The facility shall serve medically fragile persons who have
developmental disabilities or demonstrate significant
developmental delay that may lead to a developmental disability if
not treated
A twenty four (24) hour residential care facility, licensed by the
Residential Care Facility
state, for persons with chronic, life threatening illness who are
eighteen (18) years or older or are emancipated minors, and for
family units
A twenty four (24) hour housing arrangement, licensed by the
state, chosen voluntarily by the residents, the resident's guardian,
conservator, or other responsible person, where seventy five
Residential Care Facility
percent (75 %) of the residents are at least sixty two (62) years of
for the Elderly
age, or, if younger, have needs compatible with other residents,
and where varying levels of care and supervision are provided, as
agreed to at time of admission or as determined necessary at
subsequent times of appraisal.
Any family home, group care facility, or similar facility, licensed by
the state, for twenty four (24) hour nonmedical care of persons in
Residential Facility
need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection of
the individual
1
Exhibit 2
F! �
F. i
Term
Definition
A facility serving seven (7) or more persons in which nursing,
dietary and /or other personal services are furnished twenty four
(24) hours a day to convalescents, invalids, and aged persons,
but in which are kept no persons suffering from a mental
Rest Home, Convalescent
sickness, disease, disorder, ailment, or from a contagious or
Home or Nursing Home
communicable disease, and in which are performed no surgery,
maternity, or other primary treatments such as are customarily
provided in sanitariums or hospitals, or in which no persons are
kept or served who normally would be admittable to a mental
hospital
F! �
F. i
Exhibit 3
El Segundo Municipal Code
"Assisted Living" Type Uses and Zones Allowed as a Permitted Use
Zone
Use
Single - Family
Two - Family
Multi- Family
Residential R -1
Residential R -2
Residential R -3
Congregate Living Health Facility
✓
✓
✓
Intermediate Care Facility/
J
J
J
Developmentally Disabled - Habilitative
Intermediate Care Facility/
J
✓
✓
Developmentally Disabled - Nursing
Residential Care Facility
✓
✓
J
Residential Care Facility for the Elderly
J
J
✓
Residential Facility
✓
✓
✓
Rest Home, Convalescent Home
p
✓
or Nursing Home
Senior Housing in accordance with
California Government Code section
J A
65913, 65914 and 65915
Note:
A = permitted with a conditional use permit
� 6 8
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2006
AGENDA ITEM AGENDA HEADING: Reports - Mayor McDowell
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval and appointment of an ad hoc
committee to plan the City's ninetieth (90th) anniversary celebrations in 2007 The committee will
plan a set of events to honor the City of El Segundo's ninety (90) years of incorporation, plus
arrange for the 901h anniversary theme to be included in the City's major events throughout the
year (Fiscal Impact To be determined during the FY 2006/07 Budget Sessions)
RECOMMENDED COUNCIL ACTION:
1 Approve and appoint a committee to plan and develop events in 2007 in order to
celebrate the City's 90th Anniversary
2 Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION'
The City of El Segundo became incorporated on January 18, 1917 Since that time, City
anniversary celebrations have become an integral part of the community's cultural activities Staff
is recommending that the City Council select two volunteers for the committee to begin planning
a set of events in order that the festivities can be arranged for a kick -off by the Holiday Parade in
December 2006 A special event to be determined by the committee will take place on Thursday,
January 18, 2007, to commemorate the actual incorporation date, The committee would also
insure that the 90th theme is included in such major City annual events as Hometown Fair,
Richmond Street Fair, Fourth of July celebration, the annual Volunteer Picnic, Halloween Frolic,
and conclude with the 2007 Holiday Parade
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT.
Operating Budget. N/A
Amount Requested: None
Account Number: N/A
Project Phase: Approval and Committee selection
Appropriation required: _Yes X No
4ycDo E DATE: -57//O/e)( N, Ma
REVIEWED DATE:
Jeff City Manager 2 2
'7 t�
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: May 16, 2006
AGENDA HEADING:
Consideration and possible action regarding the assignment of Council Members to various
Intergovernmental agencies, other local agencies and subcommittees
RECOMMENDED COUNCIL ACTION.
(1) Approve and implement assignments,
(2) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION:
After the seating of every newly elected Council, the Council considers appointments to serve
on the various intergovernmental agencies, other local agencies and subcommittees
ATTACHED SUPPORTING DOCUMENTS•
A table listing current Council appointments to Intergovernmental agencies, local agencies
and subcommittees
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required Yes --No _
ORIGINATED. DATE: 05/09/06
23
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COUNCIL COMMITTEE ASSIGNMENTS
May 16, 2006 - April 8, 2008
Aviation Safety & Nmse Abatement Committee (Liaison)
Carl Jacobson
Bill Fisher
City Selection Committee
Kelly McDowell
Proxy as Needed
Hyperion Citizens Forum
Jim Boulgartdes
Carl Jacobson
N/A
Independent Cities Association (ICA) -52 cities education /advocacy
Kelly McDowell,
N/A
Independent Cities Risk Management Authority (ICRMA)
Kelly McDowell
N/A — (staff
positions)
LAX Master Plan Advisory Commission - (Liaison)
Eric Busch
League of California Cities
Eric Busch
Bill Fisher
Los Angeles County Sanitation District 5 and South Bay Cities District
Kelly McDowell
Carl Jacobson
Municipal Area Express Transportation (MAX)
Carl Jacobson
Bill Fisher
Reach Out Against Drugs (ROAD)
Kelly McDowell and Eric Busch, Pres is
ex officio
Santa Monica Bay Restoration Project- Bay Watershed Council SMBRP)
Jun Boul arides
N/A
Senior Citizen Housing Corporation Board (Liaison)
Carl Jacobson
Jim Boul arides
South Bay Cities Council of Governments (COG) [ JG -Bd & HLS], [KM-
Steering &Aviation, FB-A MD
Eric Busch
Kelly McDowell
South Bay Economic Development Partnership (SBEDP)
Eric Busch
Jim Boul arides
South Bay Youth Pro ect
Jim Boul andes
Bill Fisher
Southern California Association of Governments — General Assembly
(SCAG)
Eric Busch
Jim Boulgarides
Southern California Cities Joint Powers Consortium
Carl Jacobson
Jim Boul arides
West Basin Water Association
City/School Affairs Subcommittee
Jun Bo at des N/A
Kelly McDowell and Jim Boul arides
Technology Subcommittee
Bill Fisher and Carl Jacobson
Disaster Council
Kelly McDowell and Carl Jacobson
*Downtown Subcommittee (effNov2005) re $250,000 exp
Kelly McDowell
*Athletic Fields Subcommittee
Jim Boul arides and Eric Busch
*Aquatics Subcommittee
Jim Boul arides and Eric Busch
Golf Committee-Standing Committee reconstituted 10105/04
Carl Jacobson and Bill Fisher
*R -I zone Planning Subcommittee
Carl Jacobson and Jim Boul arides
*Ciry Seal Committee
Jim Boul andes and Carl Jacobson
LA County West Vector Control District (by Council election in 2004)
Sandra Jacobs (4 yr term up in 2008
LA County Emergency Preparedness Commission -Bd has not confirmed
John's appointment as of 4/18/06
John Games
JOA Council/Council Ail /CC Committee! Assignments 051606 CC Committee Assignments- Extemalflntemal doe ti 7