No preview available
2006 OCT 03 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 lenqth 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, OCTOBER 3, 2006 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4484 Next Ordinance # 1402 rill 1 PUBLIC COMMUNICATION - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §549569(a)) - 4 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 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 4 Gilbreath v El Segundo, LASC Case No YC053692 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: -0- matter G'U� AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in lenath 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, OCTOBER 3, 2006 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Roger Kinsey of Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson Next Resolution # 4484 Next Ordinance # 1402 UU.i PRESENTATIONS - (a) Proclamation declaring October 8 - 14, 2006 as the observance of Fire Prevention Week in El Segundo ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding the approval of plans and specifications and authorization to solicit construction bids for construction of an Athletic Facility at the northeast corner of the intersection of Mariposa Avenue and Nash Street and authorization to purchase steel field lighting poles for the Athletic Facility. (Fiscal Impact = $3,795,000 total; $3,595,000 estimated construction contract; $200,000 estimated pole purchase cost) Recommendation - (1) Approve the plans and specifications for the Athletic Facility, (2) Authorize staff to solicit construction bids, (3) Authorize the City Manager to issue a purchase order for the purchase and delivery of steel field lighting poles for the Athletic Facility, (4) Alternatively, discuss and take other action related to this item i' C � 2. Consideration and possible action regarding an extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport. (Fiscal Impact: $96,000) Recommendation — (1) Authorize the Mayor to execute the attached consultant agreement with the MWW Group, (2) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the Annual Report of the Investment Advisory Committee. Oral presentation to be made by Investment Advisory Chair, Ralph Lanphere. (Fiscal Impact: None) Recommendation (1) Receive and file the Annual Report of Investment Advisory Committee, (2) Alternatively, discuss and take any other action related to this item 4. Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of Light Pole Banner Program to promote awareness of El Segundo, and extension of Business Recruitment Campaign Project. (Fiscal Impact: $95,000 in FY 2006 -07). Recommendation — (1) Receive an oral presentation by Business Recruitment Task Force, (2) Ratify Task Force's recommendation to implement Phase II of Light Pole Banner Program, (3) Authorize the City Manager to amend /extend Contract #3454 for professional services for Business Recruitment Campaign and Light Pole Banner contract with Shannon David, Inc and issuance of blanket purchase orders, not to exceed $45,000 for advertising and promotions, and $50,000 for business recruitment campaign support services, (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 5. Warrant Numbers 2555382 to 2555650 on Register No. 24 in the total amount of $2,127,555.53 and Wire Transfers from 9/7/2006 through 9/21/2006 in the total amount of $1,523,398.79. 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 5 U U .� 6. Regular City Council Meeting Minutes of September 19, 2006. Recommendation — Approval 7. Consideration and possible action regarding adoption of Ordinance No. 1401 to amend the El Segundo Municipal Code Chapters 15 -4A (the Single - Family Residential (R -1) Zone Site Development Standards); 15 -1 (Definitions); 15 -2 (Open Space Encroachments); and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts in the Single - Family Residential (R -1) and Two - Family Residential (R -2) Zones). (Fiscal Impact: None) Recommendation (1) Second reading by title only and adoption of Ordinance No 1401 for Environmental Assessment No EA -685 and Zone Text Amendment No 05 -03, (2) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding the adoption of Ordinance No. 1400 to amend the Downtown Specific Plan regarding building height restrictions. (Fiscal Impact: None) Recommendation (1) Second reading by title only and adoption of Ordinance No 1400 for Environmental Assessment No EA -702, Specific Plan Amendment No 06 -01, and Zone Text Amendment No 06 -04, (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding the adoption of Ordinance No. 1398 to amend the El Segundo Municipal Code as it relates to non - conforming buildings and uses in the Heavy Industrial (M -2) Zone. (Fiscal Impact: None) Recommendation (1) Second reading by title only and adoption of Ordinance No 1398 for Environmental Assessment No EA -721 and Zone Text Amendment No 06 -07, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding second reading of Ordinance No. 1399 amending the El Segundo Municipal Code to revise the title of the Department and the Department Head to Library Services Department and Director of Library Services. (Fiscal Impact: $8,200) Recommendation (1) Second reading by title only and adoption of Ordinance No 1399, (2) Alternatively, discuss and take other action related to this item 6 t_%U6 11. Consideration and possible action regarding approval of plans and specifications for the removal of Blue Stone crosswalks in the intersection of Grand Avenue at Main Street and replacement with stamped concrete. (Fiscal Impact: $100,000) Recommendation- (1) Approve the plans and specifications, (2) Authorize staff to solicit construction bids, (3) Alternatively, discuss and take other action related to this item 12. Consideration and possible action for the Police Department to utilize reallocated project funds from Urban Area Security Initiative Fiscal Year 2004 (UASI FY 2004) federal grant program to enhance interoperable communications capabilities, and authorization for the City Manager to sign a UASI FY04 contract amendment describing the reallocation. (Fiscal Impact: $103,600) Recommendation (1) Authorize the City Manager and /or designee to sign the UASI FY04 contract amendment reallocating money to interoperable radios, (2) Pursuant to El Segundo City Code Sec 1 -7 -10, waive the bidding process and purchase mobile and portable radios through a "piggy- back" arrangement to an existing Los Angeles County Master Pricing Agreement, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding directing staff to administer the Proposition 218 majority protest process with regard to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and setting a public hearing for consideration and possible action regarding the proposed increases and approval of a contract with Martin & Chapman Co. to provide ballot mailing services. (Fiscal Impact = $12,000 for ballot mailing; Potential Fiscal Impact = approximately $570,000 loss in FY 2006 -2007 water revenues and approximately $560,000 loss in FY 2006 -2007 wastewater revenues) Recommendation — (1) Direct staff to administer the Proposition 218 majority protest process for proposed water and wastewater increases, (2) Set a public hearing on December 19, 2006 for Council consideration of the proposed water and wastewater increases, (3) Authorize the City Manager to execute a contract with Martin & Chapman Co in an amount not to exceed $12,000 in a form as approved by the City Attorney for ballot mailing, (4) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE 1. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS —CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — 14. Consideration and possible action regarding the City's position on Proposition 84, a voter initiated bond measure appearing on the November 2006 General Election ballot to raise funds for clean water, parks and coastal protection. Recommendation (1) Approve resolution supporting the passage of Proposition 84 on the November 2006 ballot, 2) Alternatively, discuss and take other action related to this item Mayor Pro Tern Busch - Mayor McDowell — 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 (:U8 MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE 9 a 7 4 TIME U` • % �°/%t NAME rortaatt0ii Citp of (fit brgunba, Cattfornta WHEREAS, Approximately 80% of all United States fire deaths occur in the home, and national research has shown that cooking is the leading cause of home fires, and WHEREAS, Using proper care when cooking will have a positive effect on the home fire problem, and WHEREAS, Each cooking fire that is prevented in the City of El Segundo is an opportunity to prevent painful injury and costly property damage, and WHEREAS, The El Segundo Fire Department, which is dedicated to the safety of life and property from the devastating effects of fires and other emergencies, is joined by concerned citizens of our community, as well as businesses, the school district, service clubs and other organizations, in its fire safety efforts NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, in commemoration of the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless, and destroyed more that 17,400 buildings, and m order to raise the awareness in the community of the importance of practicing fire prevention and fire safety to avoid needless loss of property and life, do hereby proclaim the week of October 8 through October 14, 2006 as FIRE PREVENTION WEEK FURTHER, The Mayor and Members of the City Council join Interim Fire Chief Kevin Smith in inviting the El Segundo community to observe Fire Prevention Week by practicing fire prevention and fire safety year -round and heeding the message 'Prevent Cooking Fires Watch what You Heat J! /Y' / !f! //!Y / ll! Y C� /� /i ✓!I/ �/lllfl G% Cy SJ EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING. Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding the approval of plans and specifications and authorization to solicit construction bids for construction of an Athletic Facility at the northeast corner of the intersection of Mariposa Avenue and Nash Street and authorization to purchase steel field lighting poles for the athletic facility (Fiscal Impact = $3,795,000 total, $3,595,000 estimated construction contract, $200,000 estimated pole purchase cost) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the plans and specifications for the Athletic Facility, (2) Authorize staff to solicit construction bids, (3) Authorize the City Manager to issue a purchase order for the purchase and delivery of steel field lighting poles for the Athletic Facility, and (4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On September 18, 2006, the City took possession of a parcel at the northeast corner of the intersection of Manposa Avenue and Nash Street for development of an athletic facility On July 18, 2006, City Council considered recommendations from the Recreation and Parks Commission regarding the design and amenities recommended for the facility Council evaluated the recommendations considering costs and associated maintenance impacts and directed staff to pursue a facility with the components indicated in the table on the following page (Background and Discussion continued on next page) ATTACHED SUPPORTING DOCUMENTS. Proposed Facility Layout Image of Proposed Concession /Restroom Building FISCAL IMPACT. Capital Improvement Program: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: Jeff $f¢y6¢f"t, City Ma $200,000 NIA $200,000 302 - 400 - 8202 -8998 ($200,000 for pole purchase) Advertisement for Bids, Pole purchase No of Public Works DATE 011 1 October 3, 2006 Page 2 of 3 BACKGROUND & DISCUSSION: (continued) 1 Component Project S nthetic Grass $2,090,000 2 Chain link Fence $70,000 3 Field lighting $325,000 4 Restroom /concession building $450,000 5 On -site sidewalks, curbing and mow stns $190,000 6 Tables, benches, drinking fountains, shade structure, trash receptacles $130,000 7 Raised central plaza $195,000 Subtotal $3,450,000 10 % Contingency $345,000 Total Cost of Components Directed by City Council The following recommended components were removed due to funding constraints 8 Non -grass landscaping around perimeter of site $235,000 9 Enhanced entry ate $120,000 10 Tubular steel Denmeter fencino in lieu of chain link $90.000 Subtotal 10% Contingency $44,500 Total Cost of Work Removed : • i M The design consultant, RJM Design Group, has completed the plans and specifications according to the direction provided by City Council and the Recreation and Parks Commission and the staff is ready to advertise the project for construction bids. The bid documents will request bid prices for both the work directed by City Council (the Base Bid) and the work removed (Additive Alternate Items) to provide flexibility to add recommended work if bids come in low or if additional funding is identified. The plans and specifications are available for review at the Public Works Department Counter in City Hall. Light Standards The field lighting system proposed for facility will consist of state of the art lighting fixtures placed atop 70' -tall tapered steel monopoles. Presently, poles of this type are in demand and may require as long as six months lead time between ordering and delivery. To save time, it is recommended that the City purchase the poles and provide them to the contractor to install. Doing so will save approximately two months and will facilitate completion of the project on schedule The consultant estimates the cost of the poles to be approximately $200,000 October 3, 2006 Project Schedule Page 3 of 3 Staff and the design consultant have made every effort to expedite completion of the protect. This Council action completes Item Nos. 2 and 8 on the schedule indicated below. Completion and grand opening is scheduled for June 2007. Schedule for Completion of Athletic Facility 1111111111111111111111111111111111111111111111111111 �•: © 11 11111111111'' 11111111111111111111111111111111111111 1, 1111111111111111111111111111111111111 ©:. IIIIIIIIIIIIII ii 1�11111111111111111111111111111111 Award construction contract 11111111111111111 f111111111111111111111111111111111 © Exec contracts, bonds, insur 11111111111111111111' '111111111111111111111111111111 D Preconstruction conference 111111111111111111111 "111111111111111111111111111111 Construction 11���1��111111��11�111111111111111111111111111111�11 Council approve pole purchase 11111111111 i111111111111111111111111111111111111111 �11111111111111 Order 1111111111111111111111111111111111111111111111111111 1111111111111 m Grand 1pening 111111111111111 111111111111111111111111 111111111 111 ______ 1111 1111111 11111111111111111111111111111111 111111111 9I €�!III Ij fill (ID a ©o ©°0000 jg a -a 111 i..Fag qi 111111q; f E rye €� a i a�li3 #� iiaaid � i lilt ij i i i 1111, ll K jig i a�s #i9 8'B #81 0 0 hill 111 11011 Y fit tiE tnI .9 Ifli 0 n n m � rn O ^ ° O m I ti apr ti 1 S ° Ila'3 11 m 3NN3AYH� v A A TT1 I rRT1Tfl �� � l���l 1 1 1 1 1 1 fTf 1 1 1 1 1 i l I II it itI J - r_r_ J 1 1 11 - 133aLS I II 4 g � � ° � � - EL S CITY OF EEL SEEGUNDO, CALIFORNIA COMPLEX 9 L I �1 u ' 1 �l �I EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION, Consideration and possible action regarding an extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport (Fiscal Impact $96,000) RECOMMENDED COUNCIL ACTION 1) Authorize the Mayor to execute the attached consultant agreement with the MWW Group, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION The City's current agreement with the MWW Group expires on October 1, 2006 During the past year, the MWW Group has served as an integral participant regarding the implementation of the settlement agreement with Los Angeles World Airports (LAWA) At the time of the settlement, it was not possible to foresee the ongoing nature of implementing the provisions of the agreement However, since that time, it has become clear that the City and LAWA will be working together for sometime For example, the plaintiffs in the original litigation and LAWA have established a series of ongoing working groups aimed at implementing the details of the settlement A partial list of those working groups include a weekly meeting of plaintiffs, LAWA, BOAC and the City of Los Angeles to provide appropriate oversight to the newly created Community Advocate position that is being funded by LAWA, the Plaintiff's Advisory Committee and the Regional Airport Working Group (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1) Agreement between the City and the MWW Group, 2) Letter outlining proposed services by the MWW Group FISCAL IMPACT. Not to exceed $96,000 Amount Requested: $96,000 Account Number. 01 -400- 2901 -6406 Project Phase- N/A Appropriation Required: _Yes X No ORIGINATED:, DATE: beptember Je t rt, City Manager 2 016 Background and Discussion (con't): Staff is recommending an extension of the current agreement with the MWW Group to attend those meetings and continue to represent the City at the community outreach meetings scheduled by LAWA and BOAC meetings when required The MWW Group possesses first- hand knowledge of the style and substance of the negotiations leading to the settlement that has been necessary in working effectively with LAWA and David Herbst has proven to be an effective advocate on behalf of the City The attached agreement with the MWW Group is meant to provide services until such time as LAX issues subject to the settlement with LAWA have been adequately addressed The recommended agreement with the MWW Group would terminate at the end of the current fiscal year However, it does include a 30 -day cancellation provision should work conclude before September 30, 2007 The Council should note also that the scope of work attached includes a provision wherein the consultant will provide written status reports to the City Council and City Manager following the work performed Staff will continue to work with Mr Herbst in providing the information in a format suitable to the members of the Council �� 1 i AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of October 2006, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and The MWW Group hereinafter referred to as "Consultant" This Agreement shall be in full force and effect through September 30, 2007, unless extended by mutual agreement of City and Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License Consultants shall begin its services under this Agreement on April 1, 2006 Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein Additionally, Consultant shall provide the services specified in Exhibit A in compliance with the following conditions All work performed by Consultant shall be directed through the City Manager or designee, all work requested of Consultant by the City shall be directed by the City Manager or designee, consultant shall submit periodic reports of work product and progress on stated goals outlined in Exhibit A to the City Manager not less frequently than once each month 2 STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or C.1� created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section Without limiting the foregoing, Consultant shall not expend any funds in violation of California Constitution, Article 16, Section 6, Government Code, Section 81000 et seq ( "Political Reform Act "), or any other federal or state law governing the expenditure of public funds Consultant shall be solely responsible for submittal of all documents, forms and other information that may be required by all applicable agencies as a result Contractor's performing the services specified in this Agreement 4 PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be paid as a fixed monthly retainer not to exceed eight thousand ($8,000) dollars per month Payments shall be made in approximately thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice 6. EXPENSES. It is understood that consultant may incur expenses during the performance of work specified in "Exhibit A" that are not included in the retainer paid to Consultant by City (e g , printing costs for materials distributed by Consultant, postage for public meeting announcements, meeting room fees, and other related expenses). Upon approval of City Manger, Consultant may submit such expenses to City for reimbursement All requests for reimbursement must be accompanied by valid original invoice or receipt from vendor providing service on behalf of Consultant No expense shall be reimbursed by City in the event Consultant has not obtained prior approval from City Manager In no event shall such requests for reimbursement exceed one - thousand dollars ($1,000 00) per month 7. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services 8. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 9. FACILITIES AND RECORDS. City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 10. TERMINATION OF AGREEMENT. This Agreement shall expire on September 30, 2007 The City upon 30 days written notice written notice may terminate with or without cause this Agreement In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 11. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the C11 0 Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 12. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 13. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response (B) Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Specifically, in this connection, Consultant shall not provide any services to any other person, organization, public entity, or business that relates to airports in the Southern California region without the express written consent of the City Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subcontractor with the express written consent of the City 14. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 15. INDEMNIFICATION. Consultant agrees to the following- A. Indemnification by Consultant. Consultant will save harmless and indemnify, including, without limitation, City's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Consultant or any of Consultant's officers, agents, employees, or representatives, in the performance of this Agreement B. Indemnification by City City will save harmless and indemnify, including, without limitation Consultant's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by City or any of City's officers, agents employees, or representatives, in the performance of this Agreement C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement D. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any 0t-2 manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification E. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California F Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN 16. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A M Best's rating of no less than A VII Consultant shall provide the following scope and limits of insurance (a) Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (ii) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City (iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under Ut-J this Agreement (Not needed if Self- employed with no employees ) (iv) Errors and omissions liability insurance appropriate to the Consultant's profession (b) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (ii) Automobile Liability: Including owned, non - owned and hired vehicles for bodily injury and property damage with (See cover letter (page 1) for actual dollar level Requirements) At least $1,000,000 per occurrence $100,000 - $300,000 per occurrence As required by State Statutes A copy of your current policy must be submitted naming yourself and or your company (iii) Workers' Compensation and Emolover's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (iv) Errors and Omissions or Malpractice or Professional Liability: At least $1,000,000 per occurrence B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions (a) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. G6124 (c) (b) General Liability and Automobile Liability Coverages. (i) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (ii) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (iii) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (v) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City B. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at any time 025 (a) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (b) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (c) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 17. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 18. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 19. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 20. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 0 It-,U 21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder 22. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows Cltv Jeff Stewart City of El Segundo 350 Main Street El Segundo, California 90245 -3895 Telephone (310) 524 -2301 Facsimile (310) 322 -7137 Consultant David A Herbst The MWW Group 660 South Figueroa Street, Suite 1400 Los Angeles, CA 90017 Telephone (213) 486 -6560 Facsimile (213) 486 -6501 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 23. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement i; t- i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written Company Name The MWW Group a Title CITY OF EL SEGUNDO Mayor ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D Hensley City Attorney f r_ s Elmo September 27, 2006 TO: Jeff Stewart City Manager FM: David A Herbst Senior Vice President & General Manager /Los Angeles RE: Continued Public Affairs Work On LAX Issues /SPAS Process As you know, the Specific Plan Amendment Study for LAX is now well underway with the goal of developing new plans for the future of the Airport that meet the requirements of the Settlement Agreement Currently, the six month process is in the development and refinement of concepts phase which will be followed by the development of specific environmental alternatives LAWA is looking to provide alternate mitigations to "yellow light" projects (which were stopped as part of the Settlement Agreement) and improve three key areas of LAX operations 1) ground transportation and traffic, 2) air quality and other environmental impacts and 3) north airfield runway safety As we have already seen in the early parts of this process, it is important for El Segundo to stay actively engaged to ensure that items being restudied keep to the spirit of the Settlement Agreement and that any new concepts /ideas are properly mitigated to El Segundo's benefit Because of the Settlement Agreement and the Amendment Study process there are a large number of standing meetings (often going for four hours at a time) that dictate El Segundo's participation Michael DlVirgilio (MWW Group Associate VP) and I will continue to be involved in the following groups as the process continues • The Community Advocate Committee, • Advisory Committee, • Public Community Outreach meetings, • Regional Airport Working Group Besides my active participation in the above referenced groups, we will continue to serve as El Segundo's representative to LAWA and City of LA officials on the implementation of the Settlement Agreement and other LAX related issues as well as work with supporters to continue to advocate for a regional approach to aviation capacity We will also continue to engage the media in support of El Segundo's efforts Please let me know if you have any questions Thank you 660 South Figueroa Street Suite 1400 Los Angeles CA 90017 tel 213 486 6560 fax 213 486 6501 www mww com Chicago Los Angeles New lersey New York Seattle Washington D C V �3 EL SEGUNDO CITY COUNCIL MEETING DATE' October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING. Committees Commissions and Boards AGENDA DESCRIPTION Consideration and possible action regarding the Annual Report of the Investment Advisory Committee Presentation to be made be Investment Advisory Chair (Fiscal Impact None) RECOMMENDED COUNCIL ACTION' 1) Receive and File Annual Report of the Investment Advisory Committee, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: City Council has requested that Committees, Commissions and Boards give an Annual Report updating the Council on their accomplishments over the last year and their goals and objectives for the coming year Portfolio management statements are provided to council on a monthly basis The investment advisory committee meets quarterly to discuss and approve investment strategy and compliance with the investment policy The investment policy is submitted and approved by council yearly on the consent agenda Ralph E Lanphere, City Treasurer and Investment Advisory Chair will outline and discuss committee interaction in the investment decision - making process The City Treasurer will also discuss the present portfolio and define achievements in the last year ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested, Account Number: Project Phase- Yes X No ORIGINATED BY- Ralph E Lanphere, City Treasurer DATE: REV7w4rt/,City DATE- 111.1a Jeff Manager W W i;�V EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards, and Commissions AGENDA DESCRIPTION: Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of light pole banner program to promote awareness of El Segundo, and extension of Business Recruitment Campaign Project (Fiscal Impact. $95,000 in FY 2006 -07) RECOMMENDED COUNCIL ACTION: Recommendation (1) Receive an oral presentation by Business Recruitment Task Force, (2) Ratify Task Force's recommendation to implement Phase II of light pole banner program, (3) Authorize the City Manager to amend /extend Contract # 3454 for professional services for Business Recruitment Campaign and Light Pole Banner contract with Shannon David, Inc and issuance of blanket purchase orders, not to exceed $45,000 for advertising and promotions, and $50,000 for business recruitment campaign support services, (4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. In March 2005, the City Council awarded a contract to Shannon David, Inc for professional business recruitment campaign marketing and support services The City Council established a Business Recruitment Task Force to provide project oversight at their April 5, 2005 meeting The Task Force, which is composed of Mayor McDowell, Mayor Pro Tern Busch, City Manager Stewart, Brian Polkinghorne and Scott Reed, members of the Economic Development Advisory Council, has periodically met to review project status and make recommendations The consultant last presented a status report to the City Council at the March 21, 2006 meeting At the Task Force's August 10, 2006 meeting, the consultant provided a progress report regarding program deliverables and recommended implementation of Phase II of the light pole banner program component Phase II calls for new banners along Sepulveda Blvd , and relocated existing banners to the downtown along Main St and Grand Ave In addition to considering the Task Force's recommendation to install the next phase of pole banners, staff is presenting for consideration extension of Contract # 3454 for continued professional services in conjunction with the city's business recruitment campaign ATTACHED SUPPORTING DOCUMENTS. Banner Design Option A (image with tag line & ligature) & Option B (Image without tag line or ligature) FISCAL IMPACT. FY 2006 -07 - $95,000 Operating Budget, $159,600 Amount Requested: $95,000 Account Number: 001 -400- 2401 -6201 ($45,000), 001 - 400 - 2401 -6214 ($50,000) Project Phase. Phase II Appropriation Required: _Yes x No ORIGINATED BY _ L� /2U� DATE: �27/ to BIII Crowe, t City Manager REVIEWE DATE: �7 01 Jeff V6itvManager l ✓1 0 v 8 o — ' a o co i C2 m o A E U m G B ELSEGUNDO a v rnu � Sp Nina m Zw���a � ;voZ ti0> =mod m EL,SEGUNDO Q. e !!'! r. L I'li r. r —gT — i EI.,�O'EGUNDn C.�J/J U 0 \ E \ %/| EL, E GU . !)§ ;:, QJ3 ` ® � ■ � ° QJ3 ° z O LL Z m W J N F JO W F- d (7 O ZZY Um 3 wl N K N O K r m a O Y U p W LL 2 p U N Y Y a W W F K p O r i 4 a W o a N N a W ZWZ J u 0 0 ap a 5 N^ fV N peg � °076 ai3� m o m((OO N m W` d N N N 0 r N ry O W 0 r ^ y O fI N m N g O w A E LL LL ffi N O w O F O �ZgRj y� fC J z °3 OLL 2 w q 6 a r ZW �O py dq y pZpz f d 0,'°24_ &LLU W Z wzz�y Y `a c ° ��U6¢wJLLm rYd2 I WILL jp m a" ( YJ F p zO m (J W a° W W N tFFt// d ZaY O Y LL JKR p g1 N1YY y Y(Q y Fy 9y� W 1 W1-- 7 2 j� p� N J 7 W K S E T ° WrmN >ZU' �>jz �LLd Z¢,UR LL amJ Urca < ¢ N am ar zz w J . �W w yy Q t tog Zr Ui�2p�2 N W wa u D p N o g LL1- wy JQ Y W a ee �0 5 A N 5 5 m $a n d 3 g q y u m o _`o n A "g p c U yU sI1 �c J N d rc a E w fY u V " m C 0 a 1 o §ms€ EGy�W a 6 n5� o mF�D mHu. m� "v€ Lu fgf 10 m adry aN E�Cn o aAuB�\ S EcEg O � O LL � a UJ`f CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 917/2006 THROUGH 912112006 Date 9/7/2006 9/7/2006 9/8/2006 9/10/2006 911 312 00 6 9/13/2006 9/13/2006 9/20/2006 9/21/2006 919-9121/06 Payee Amount Employment Development IRS Federal Reserve West Basin Municipal Lane Donovan Golf Partners Health Comp Cal PERS La Salle Health Comp Workers Comp Activity DATE OF RATIFICATION: 9/30/06 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 37,482 74 186,404 63 15000 970,891 79 19,281 00 1,99744 237,829 13 43,725 00 2,25063 23,386 23 1,523,398 79 9 + Date 9 -2-)- Date �1 D Description State Taxes Federal Taxes Employee I Bonds H2O Payment Lakes payroll transfer Weekly claims 9/8 Retirement ABAG Payment Weekly claims 9/15 SCRMA checks issued 1,523,398.79 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 19, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows Mark Hensley, City Attorney, announced that Council would be meeting In closed session pursuant to items identified on the agenda and that the 54956 9(b) item was a threat of litigation regarding the Payne Claim No 06 -04 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 Gilbreath v El Segundo, LASC Case No YC053692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter rW MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 1 V J 6 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 - Council moved to open session at approximately 6 00 p m Interview of candidates and potential appointment to one position each on the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and Los Angeles International Airport ( "LAX ") Area Advisory Committee Council consensus to appoint Martha Sherwood to the Library Board of Trustees for a full term to expire 06/30/09, reappoint Paula Rotolo to the Senior Citizen Housing Corporation Board for a full term expiring 06/30/10, reappoint Brian Mitchell to the El Segundo Community Cable Advisory Committee for a full term expiring 10/31/10, appoint Crista Binder to the Capital Improvement Program Advisory Committee for a full term expiring 11/30/10, appoint Bob Gray and Katherine Hatzikian to the Economic Development Advisory Council, no term expiration and appoint Richard Croxall to the Los Angeles International Airport (LAX) Area Advisory Committee, no term expiration Council recessed at 6 55 p,m MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 2 i1J7 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 19, 2006 - 7 00 P M. 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Chaplain, Captain Brad Kimble of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS — Council presented a Proclamation to Lee Ostendorf and Ralph Lanphere of the 30th Annual Richmond Street Fair organized by the El Segundo Kiwanis Club to be held on Saturday, September 23, 2006 ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - 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 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 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 3 01 B SPECIAL ORDERS OF BUSINESS Consideration and possible action (continued Public Hearing) regarding the Fiscal Year 2006 -2007 Budget (including all City Revenues and Expenditures) Five -Year Capital Improvements Plan and adoption of Resolutions approving Appropriation Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended (Copies of the Fiscal Year 2006 -2007 Preliminary Budget can be found in the Library, City Clerk's office, and on the City's website ) (Fiscal Impact $127,937,350 in total appropriations, $88,692,950 in total estimated revenues and prior year designations of $39,244,400) Mayor McDowell stated this is the time and place hereto fixed for a continued public hearing regarding the FY 2006 -2007 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Bret Plumlee, Administrative Services Director, gave a report MOTION by Council Member Fisher, SECONDED Council Member Jacobson by to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney read by title only RESOLUTION NO 4480 A RESOLUTION ADOPTING AN OPERATING BUDGET AND FIVE YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/2007 RESOLUTION NO 4481 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL SETTING ITS APPROPRIATIONS LIMIT FOR FISCAL YEAR 2006 -2007 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION MOTION by Council Member Boulgandes, SECONDED by Mayor Pro Tem Busch to adopt Resolution No 4480 approving and adopting the Fiscal Year 2006 -2007 Operating Budget and the five -year Capital Improvement Budget and Resolution No 4481 setting its Appropriations Limit for Fiscal year 2006 -2007 in accordance with Article XIIIB of the California Constitution , Incorporate "Exhibit A, Fiscal Year 2006 -2007 Change List of Budget Revisions in all Funds" into the Adopted Budget and deposit any Fiscal Year 2005 -2006 General Fund savings into the Economic Uncertainty Fund in Fiscal Year 2006 -2007 once the Fiscal Year 2005 -2006 audit is complete MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 4 ��9 2 Consideration and possible action (Public Hearing) regarding the Introduction and first reading of an Ordinance amending the El Segundo Municipal Code with regard to Chapter 15 -4A, the Single- Family Residential (R -1) Zone Site Development Standards, Chapter 15 -1 regarding Definitions, Chapter 15 -2 Open Space Encroachments, and Chapter 15 -15 Parking Standards to allow the use of Vehicle Lifts in the Single- Family Residential (R -1) and Two -Family Residential (R -2) Zones (Fiscal Impact None) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the introduction and first reading of an Ordinance amending the El Segundo Municipal Code with regard to Chapter 15 -4A, the Single - Family Residential (R -1) Zone Site Development Standards, Chapter 15 -1 regarding Definitions, Chapter 15 -2 Open Space Encroachments, and Chapter 15 -15 Parking Standards to allow the use of Vehicle Lifts in the Single - Family Residential (R -1) and Two - Family Residential (R -2) Zones Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Gary Chicots, Interim Planning and Building Safety Director, gave a report. Arthur Stevens, resident, gave a power point presentation Requested Council consider removing shower restrictions on accessory buildings Gregory Lee, resident, spoke regarding the proposed R -1 changes Requested Council consider smaller structures. Fred Maples, resident and contractor, spoke regarding proposed R -1 changes and second story modulation MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council consensus to have the Planning Commission consider and make recommendations back to the City Council regarding the accessory structure shower issue Council directed the following revisions be made to the draft Ordinance • Modifying the proposed height limit for two -story accessory structures to allow accessory structures to be the same height as for the primary dwelling For new primary dwellings (on lots greater than 25' in width) the maximum height would be 26' and accessory dwellings would there fore have the same height limitation For existing, legal nonconforming buildings that exceed 26', a new accessory building could be built to the same height as the existing primary building • Lots 25 feet wide or less are exempt from new development standards. • Lots that are 40 feet wide or less are exempt from modulation requirements • Exemption to required maximum side yard setback if the requirement is greater than five feet for single -story additions or two -story additions to dwellings not exceeding 500 square feet • Eliminate the proposed requirement to have 3 individual garage doors for 3 -car garages Would allow for two garage doors MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 5 ( ,to • Outdoor accessory showers may have a shower door in addition to walls on three sides • Reducing proposed FAR to 5125. • Limit the use of vehicle lifts to a) parking that is in excess of the minimum number of spaces required in the R -1 Zone and the R -2 Zone, and b) parking that is required in the R- 2 Zone in addition to a fully enclosed two -car garage (3rd and 4th parking spaces) A conditional use permit is required for such vehicle lifts • Completed applications submitted within 30 days after the Ordinance is adopted to be exempt from new regulations MOTION by Council Member Boulgandes, SECONDED by Mayor McDowell to direct the City Attorney to draft modifications as proposed and return to Council for consideration at the Adjourned Regular Meeting on Monday, September 25, 2006 at 5 00 p m MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, COUNCIL MEMBERS BOULGARI DES, FISHER AND JACOBSON, NOES MAYOR PRO TEM BUSCH Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance amending the Downtown Specific Plan regarding building height restrictions (Fiscal Impact None) Council Member Jacobson not participating in the item and left the dais due to a potential conflict with regard to his interest in real property Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding the introduction and first reading of an Ordinance amending the Downtown Specific Plan regarding building height restrictions Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Gary Chicots, Interim Planning and Building Safety Director, gave a report Robert Stevenson, resident, spoke regarding building height versus building design Jack Purcell, Northwest corner of Main and Grand building owner, spoke regarding building height versus building design MOTION by Council Member Boulgarides, SECONDED by Mayor Pro Tern Busch to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT MOTION by Council Member Fisher, SECONDED by Council Member Boulgarides to have staff prepare renderings of Main Street in order to determine whether the 3 -story, 45 foot height limit is appropriate for the downtown area and to continue discussions at the adjourned regular meeting on Monday, September 25, 2006 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT Mark Hensley, City Attorney read by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 6 ORDINANCE NO 1400 AN ORDINANCE APPROVING ENVIRONMENTAL ASSESSMENT NO 702 (EA- 702), SPECIFIC PLAN AMENDMENT NO 06 -1, AND ZONE TEXT AMENDMENT NO 06 -04 TO MODIFY BUILDING HEIGHT RESTRICTIONS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA Mayor McDowell Introduced the Ordinance Council consensus to agendized this item for discussion at the September 25, 2006, 5 00 p m Adjourned Regular City Council Meeting Council consensus to schedule second reading and adoption of Ordinance for October 3, 2006 Council Member Jacobson returned to the dais 4 Consideration and possible action (Public Hearing) regarding the Introduction and first reading of an Ordinance amending the El Segundo Municipal Code as it relates to non- conforming buildings and uses in the Heavy Industrial (M -2) Zone (Fiscal Impact None) Mayor McDowell stated this is the time and place hereto fixed for a public hearing the introduction and first reading of an Ordinance amending the El Segundo Municipal Code as it relates to non- conforming buildings and uses in the Heavy Industrial (M -2) Zone Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Gary Chicots, Interim Planning and Building Safety Director, gave a report MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney read by title only ORDINANCE NO 1398 AN ORDINANCE AMENDING SECTION 15 -21 -6 OF THE EL SEGUNDO MUNICIPAL CODE ( "ESMC ") AND ADD A NEW 15 -21 -8 TO THE ESMC TO REGULATE NONCONFORMING BUILDINGS AND USES WITHIN THE HEAVY INDUSTRIAL (M -2) ZONE Mayor Pro Tern Busch introduced the Ordinance Second reading and adoption of Ordinance scheduled for October 3, 2006 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 7 CI42 C UNFINISHED BUSINESS Consideration and possible action regarding reimbursement to property owners from Groups 2, 3 and 4 of the Residential Sound Insulation Program for financial contributions made as part of participation (Fiscal Impact $210,133 58) Jeff Stewart, City Manager, gave a report MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to authorize staff to contact qualifying homeowners with the amount for which they qualify as stated on the attached grant spreadsheet, Reject three claims submitted which were determined by staff to be ineligible under the grant guidelines, Appropriate $210,133 58 for the disbursement, Disburse the grants to homeowners upon execution of a grant agreement with the City in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 6 Consideration and possible action regarding the announcement of the appointment of a candidate to the one vacancy on the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and Los Angeles International Airport ( "LAX ") Area Advisory Committee Mayor McDowell announced the appointment of Martha Sherwood to the Library Board of Trustees for a full term to expire 06/30/09, reappointment of Paula Rotolo to the Senior Citizen Housing Corporation Board for a full term expiring 06/30/10, reappointment of Brian Mitchell to the El Segundo Community Cable Advisory Committee for a full term expiring 10/31/10, appointment of Crista Binder to the Capital Improvement Program Advisory Committee for a full term expiring 11/30/10, appointment of Bob Gray and Katherine Hatzinkian to the Economic Development Advisory Council, no term expiration and appointment of Richard Croxall to the Los Angeles International Airport (LAX) Area Advisory Committee, no term expiration 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 Approved Warrant Numbers 2555186 to 2555381 on Register No 23 in the total amount of $696,361 50 and Wire Transfers from 8/25/2006 through 9/7/2006 in the total amount of $500,821 65 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. 8 Approved City Council Meeting Minutes of September 5, 2006 MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 6 4 9 Approved ongoing service agreements, amendments and Issuance of blanket purchase orders for Fiscal Year 2006 -2007 in excess of $10,000 for the Administrative Services Department (Fiscal Impact Fiscal Year 2006 -2007, $442,150) Authorize the City Manager to amend /extend contract #3378 for ongoing service agreements, as approved to form by the City Attorney, for Geographic Information System /Global Positioning System (GIS /GPS) consulting with Michael McDaniel (sole proprietor) and Issuance of blanket purchase order, not to exceed $37,000, Authorized the City Manager to amend /extend contract #3478, for ongoing service agreements, as approved to form by the City Attorney with Prosum, Inc for Information Systems consulting services and Issuance of blanket purchase order, not to exceed $40,000, Authorized the City Manager to amend /extend contract #3243, for ongoing service agreements, as approved to form by the City Attorney, with Vertex Communications, Inc for telephone system services and issuance of blanket purchase order, not to exceed $11,000, Authorized the City Manager to amend /extend contract #2774 for ongoing service agreements, as approved to form by the City Attorney, with Progressive Solutions for Business License System maintenance /updates and issuance of blanket purchase order, not to exceed $20,000 Authorized the City Manager to amend /extend contract #3416, for ongoing service agreements, as approved to form by the City Attorney, with Maureen Sassoon for providing Occupational and Environmental Health & Safety Consulting Services and issuance of blanket purchase order, not to exceed $15,000, Authorized the City Manager to amend /extend contract #3451, for ongoing service agreements, as approved to form by the City Attorney, with CBIZ for temporary professional accounting services to assist in various assignments such as additional support for Eden upgrade, internal control reviews for cash management and process improvement, if needed in Fiscal Year 2006- 2007 and issuance of blanket purchase order, for an amount not to exceed $35,000, Authorized the issuance of a purchase order to Granicus for providing streaming video services for Council meetings, for an amount not to exceed $16,500, Authorized the issuance of a purchase order to Active com (formerly Class Software Solutions, LTD ) for software licensing, maintenance /updates, and training, not to exceed $13,500, Authorized the City Manager to amend /extend contract #3290 for a two -year period for professional services, as approved to form by the City Attorney with Southern California Risk Management Associates, Inc (SCRMA) to serve as the City's Workers' Compensation Program Third Party Administrator and issuance of a blanket purchase order, for an amount not to exceed $139,150, Authorized the City Manager to execute a standard Professional Services Agreement, as approved to form by the City Attorney, with U S Healthworks Medical Group, Prof Corp for pre - employment physical examinations and related medical testing and protocols and issuance of blanket purchase order (not to exceed $15,000) and occupational injury and illness treatment (not to exceed $30,000), with a combined total not to exceed $45,000, Authorized the City Manager to execute a standard Professional Services Agreement No 3648, as approved to form by the City Attorney, with Westchester Medical Group for employee fitness for duty examinations (not to exceed $60,000) and executive physical examinations (not to exceed $10,000), with a combined total not to exceed $70,000 10 Approved the annual renewal of the Library Department's blanket purchase orders over $10,000 Those include four vendors Baker & Taylor Information Services, Online MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 9 C �$ a t Computer Library Center, Inc (OCLC), Ebsco Subscription Services and Innovative Interfaces, Inc (Fiscal Impact $141,700) Authorized the City Manager to extend ongoing service agreements with Baker & Taylor Information Services, for supplying books and other library materials and issuance of blanket purchase order, not to exceed $88,700, Authorized the City Manager to extend ongoing service agreements with OCLC Inc , for online cataloging services and issuance of blanket purchase order, not to exceed $15,000, Authorized the City Manager to extend ongoing service agreements with EBSCO Subscription Services, for supplying periodical materials and issuance of blanket purchase order not to exceed $14,000; Authorized the City Manager to amend /extend Contract #2235 1 to Innovative Interfaces, Inc for library computer system maintenance and issuance of blanket purchase order, not to exceed $24,000 11 Approved annual ongoing service agreements, individual contractor instructor agreements and issuance of blanket purchase orders for Fiscal Year 2006 -2007 in excess of $10,000 for the Recreation and Parks Department. (Fiscal Impact $469,200) Authorized the City Manager to execute standard individual contract instructor agreements and issuance of blanket purchase orders to instructors, Authorized the issuance of a purchase order (year 2 of 5) to Studio Printing for publication of the quarterly "Inside El Segundo /Recreation and Parks Brochure ", not to exceed $39,700 for FY 2006 -2007 (subsequent years are subject to negotiation with regards to material /paper costs only), Authorized the issuance of a blanket purchase order to Lane Donovan Partners, LLC (Contract #3399) for management services of The Lakes at El Segundo municipal golf course, for an amount not to exceed $108,000,) Authorized the City Manager to enter into a contract for ongoing services, as approved to form by the City Attorney, with South Bay Youth Project for on -site counseling services at El Segundo High School, not to exceed $33,500, Authorized the issuance of a blanket purchase order to Great Scott Tree Service (Contract #3476) for tree trimming services In the City of El Segundo, for an amount not to exceed $100,000 12 Authorized the El Segundo Fire Department to piggyback on the City of Monrovia's Bound Tree Medical, Inc ( "Bound Tree ") Bid #PA05 -002 and authorize issuance of a blanket purchase order to Bound Tree for FY 2006 -2007 for medical and pharmaceutical supplies, Authorized the Issuance of a blanket purchase order for FY 2006 -2007 to UCLA Center for Pre - Hospital Care for continuing education, defibrillation training and AED program oversight 13 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 14 Authorized the City Manager to execute a one -year contract with the West Covina Service Group for Computer Aided Dispatching /Records Management System, Mobile Data Computer maintenance and operations, not to exceed $72,500, Authorized the City Manager to execute a one -year contract with NICE Systems, Inc for maintenance for the systems used by the Communications Center to record all telephone and public safety radio transmissions, not to exceed $11,500, Authorized the City Manager to execute a one -year contract with Motorola for two -way radio repair and maintenance of the Communication Center's radio assets and infrastructure, not to exceed $75,000, Authorized the City Manager to execute a one -year contract with Oce for copier /printer services, not to exceed $14,004, Authorized the City Manager to extend the existing standard Professional Services MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 10 � 115 Agreement with Reach Out Against Drugs (R O A D ) to help fund the R O A D program, not to exceed $10,000, Authorized the City Manager to execute a one -year contract with the Prevention of Cruelty to Animals Los Angeles for animal sheltering services, not to exceed $27,000, Authorized the City Manager to execute a one -year contract with Enforcement Technology, Inc for processing of parking citations /collections, not to exceed $55,000, Authorized the City Manager to execute a one -year contract with Wellness Solutions, Inc for a physical trainer to provide direction in the areas of fitness, nutrition and prevention of work - related injuries and rehabilitation, not to exceed $100,000 15 Approved a three year Memorandum of Understanding Agreement No 3642 between the City of El Segundo and the California Teamsters Public, Professional and Medical Employees' Union, Local 911 (Supervisory and Professional Employees' Bargaining Unit) (Fiscal Impact $380,150 over 3 years). Adopted Resolution No 4482 approving Memorandum of Understanding 16 Approved Professional Services Agreement No 3643 with Wllldan for providing an interim Senior Planner to continue to replace the vacancy of the Senior Planner position (Fiscal Impact $45,720 — funding for the services are included in the 2005 -2006 budget No additional appropriations are necessary) Authorized the City Manager to execute the Professional Services Agreement as to form approved by the City Attorney 17 Awarded Contract No 3644 to the lowest responsible bidder Industrial Maintenance Service for the replacement of the automated engine control panel for the emergency natural gas water pump for the City of El Segundo Water Distribution System located at 400 Lomita Street (Contract Amount = $15,511 19) Authorized the City Manager to execute the Public Works contract on behalf of the City 18 PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 19 Approved Tract Map No 53570, a 40 10 -acre, 26 lot subdivision property bounded by Atwood Way, Nash Street, Douglas Street and Mariposa Avenue (Fiscal Impact None) Authorized the City Engineer and City Clerk to sign and record said Map 20 Authorized Police Department to purchase 26 tactical entry body armor vests and accessories from Aardvark Tactical, Inc , funding source to be from the equipment replacement fund. (Fiscal Impact $35,427 19) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waived the bidding process and utilize an existing Los Angeles County Sheriffs Department contract 21 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 22 Authorized City Manager or his designee to Initiate and conclude contract negotiations for the sale of radio frequency rights to the Burbank - Glendale- Pasadena Airport Authority Authorized the City Attorney to draft an appropriate sales agreement Directed the City Manager to return to City Council for final approval of sale Directed that any funds derived from the sale of radio frequency rights shall be returned to the Police Department's asset forfeiture account MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 11 23 Authorized the transfer of accumulated developer fees currently held In General Fund Account 001 - 252 - 0000 -1252 to Operating Budget Expenditure Account 001 - 400 - 3201 -6215 for repairs, maintenance, and Improvements to Fire Station 1 (Fiscal Impact. $70,050) MOTION by Council Member Boulgarides SECONDED by Mayor Pro Tern Busch to approve Consent Agenda Items 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 19, 20, 22 and 23. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Regarding Consent Item 19, Approval of Tract Map No 53570, a 40 10 -acre, 26 lot subdivision property bounded by Atwood Way, Nash Street, Douglas Street and Mariposa Avenue, Council Member Jacobson noted the net useable acreage for the athletic fields was less than five acres and the net useable acreage for the fire station lot was less than one acre Council requested that any future purchases or sales Information also Include acreage required for utility, road and pipeline or any other easement CALL ITEMS FROM CONSENT AGENDA 13 Consideration and possible action regarding approval of ongoing service agreements and blanket purchase orders for FY 2006 -2007 In excess of $10,000 and possible action to waive the formal bidding process and authorize the continued purchase of gasoline and diesel fuel for City vehicles and equipment through the use of spot market purchasing for the Public Works Department (Fiscal Impact $463,600) Mayor Pro Tern Busch requested staff Investigate the use of and spot market purchasing of bio- diesel fuel MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Boulgarides to authorize staff to purchase gasoline and diesel fuel for City vehicles and equipment through the use of spot market purchasing In an amount not to exceed $230,000, authorize the Public Works Department to piggyback onto the City of Manhattan Beach, RFP No 678 -06 with Napa Auto Parts, and Issuance of a blanket purchase order for purchase of automotive, after - market parts for vehicle and equipment maintenance, not to exceed $25,000, Authorize the Public Works Department to piggyback onto the State of California, Western States Contracting Alliance Master Agreement #7066, and Issuance of a blanket purchase order to W W Grainger, Inc for purchase of Industrial supplies, materials and equipment needed for maintenance and repair of City facilities such as plumbing supplies, electrical materials and paint, not to exceed $25,000, Authorize the Public Works Department to piggyback onto the Long Beach Water Department, Agreement No Wd -2664 with S & J Supply Company, Inc for the purchase of waterworks supplies for the City's water system, and Issuance of a blanket purchase order In the amount of $30,000; Authorize the Issuance of blanket purchase order to Metron Farmer In an amount not to exceed $50,000 for the purchase of single het water meters for the City's water system, Authorize the City Manager to enter into a Professional Services Agreement No 3645, in a form as approved by the City Attorney, with American Business Software for software support and custom programming for the utility billing system for water and wastewater services In an amount not to exceed $13,600, Authorize the City Manager to enter into a Professional Services Agreement No 3646, In a form as approved by the City Attorney, with Dataprose for utility billing processing services for water and MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 12 G td 7 wastewater services in an amount not to exceed $30,000 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 18 Consideration and possible action to award a three year contract to ACCO Engineered Systems for a three -year Heating, Ventilation and Air Conditioning (HVAC) 100% coverage maintenance contract at City Buildings, an upgrade of HVAC systems at the Maintenance Facility, and additional services as required IFB No 06 -08 (Contract Amount Year 1 = $95,926, Year 2 = $53, 788, Year 3 = $56,548 MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to approve three year Contract No 3647 to ACCO Engineered Systems for a three -year Heating, Ventilation and Air Conditioning (HVAC) 100% coverage maintenance contract at City Buildings, an upgrade of HVAC systems at the Maintenance Facility, and additional services as required IFB No 06 -08 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 21 Consideration and possible action to waive the formal bidding process on the purchase of two PIPS Technology, Automatic Vehicle License Plate Recognition System (ALPR) for the El Segundo Police Department patrol division (Fiscal Impact not to exceed %60,000 in COPS grant funds) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson, pursuant to El Segundo Municipal Code Sec. 1 -7 -10 waive the formal bidding process and utilize an existing City of Roseville RFQ on the purchase of two PIPS Technology, Automatic Vehicle License Plate Recognition System (ALPR) for the El Segundo Police Department Patrol Division (Fiscal Impact Not to exceed $60,000 in COPS grant funds) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 24 Consideration and possible action regarding adoption of a Resolution and introduction of an Ordinance for 1) the implementation of job classification and salary range changes in the 2006 -07 Fiscal Year operating budget, and 2) amending the El Segundo Municipal Code to revise the title of the Department and the Department Head to Library Services Department and Director of Library Services (Fiscal Impact $42,310) Jeff Stewart, City Manager, gave a report MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes to approve Resolution No 4483 establishing basic monthly salary ranges for the fob classifications of Administrative Technical Specialist (Public Works), Assistant City Engineer, Assistant City Manager, Equipment Maintenance Supervisor, Fire Marshal, Librarian I, Librarian II, Director of Library Services and Network Assistant, adopt the proposed class specifications of Administrative Technical Specialist (Public Works), Assistant City Engineer, Assistant City Manager, Equipment Maintenance Supervisor, Fire Marshal, General Services Manager, Librarian I, Librarian II, Director of Library Services and Network Assistant, and approve the examination plans for Network Assistant, General Services Manager, Equipment Maintenance Supervisor and Assistant City Engineer MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 13 l��t(j Mark Hensley, City Attorney, read by title only ORDINANCE NO 1399 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6 -3 AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND DEPARTMENT DIRECTORS Council Member Boulgandes Introduced the ordinance Second reading and adoption of Ordinance scheduled for October 3, 2006 G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK REPORTS — CITY TREASURER K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Announced Richmond Street Fair this Saturday, September 23, 2006, 900am to500pm Council Member Jacobson — NONE Council Member Boulgandes — Commended the Police Department and Fire Department for their excellent work Spoke regarding the recent City Volunteer event and the 9 -11 Memorial Event Mayor Pro Tern Busch — Urged the community to attend the Richmond Street Fair Mayor McDowell — Spoke regarding the 9 -11 Memorial Event and the recent Surfrider Foundation Event. 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 Suzanne Fuentes, resident, spoke regarding proposed pools at the High School MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE NO 14 el 4 9 MEMORIALS — Sandi Walker, wife of former Torrance Mayor Dan Walker, Ofelia Borges de Abreu, mother of Council's Executive Assistant, Julia Abreu- Mason, Dolly Mendibles, aunt of City employee Naomi Rows CELEBRATIONS — Cooper James Mcllroy, born on September 61h to parents Nathan, El Segundo Firefighter, and Kati Mcllroy Cooper James is the first grandchild of proud Grandparents, Susie, Library Administration and her husband Don Mcllroy Andrew David Berger, born September 13th to parents Megan and Erik Berger, of North Olmstead, Ohio and grandson of City employee Linda Muche CLOSED SESSION - NONE ADJOURNED at 10 05 p m to MONDAY, SEPTEMBER 25, 2006, 5 00 P M, City Council Chamber Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING SEPTEMBER 19,2006 PAGE NO 15 r L�� EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Aaenda Consideration and possible action regarding adoption of Ordinance No 1401 to amend the El Segundo Municipal Code Chapters 15-4A, (Single - Family Residential (R -1) Zone Site Development Standards), 15 -1 (Definitions), 15 -2 (Open Space Encroachments), and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts in the Single - Family Residential (R -1) and Two -Family Residential (R -2) Zones) (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance No 1401 for Environmental Assessment No EA -685 and Zone Text Amendment No 05 -03, and /or 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: At its September 19, 2006 meeting, the City Council closed the public hearing, directed Planning and Building Safety staff to modify the draft Ordinance and continued the matter to the September 25, 2006, meeting for further discussion At Its September 25, 2006 meeting, the City Council made further revisions to the proposed ordinance and then Introduced an Ordinance to adopt Environmental Assessment No EA -685 and Zone Text Amendment No 05 -03 Those changes are (1) clarification of setback and modulation requirements only apply to second -story additions in excess of 500 sq ft, (2) modified the floor area ratio (FAR) from 0 5125 to 0 53 , and made the floor area ratio (FAR) applicable to lots 40ft and greater in width in addition to lots exceeding 25 in width, (3) revised the lot coverage from 56% to 60% for single -story construction, (4) Increase the time period from 30 to 60 days for plans to be submitted without being subject to the new zoning standards The Ordinance was read Into the record and is presented for second reading and adoption If adopted without change, the provisions will become effective in 30 days ATTACHED SUPPORTING DOCUMENTS: 1 Ordinance No 1401 FISCAL IMPACT. None Operating Budget: NIA Amount Requested: N/A Account Number: NIA Project Phase: NIA Yes X No Al D hicots. 1 terim Director of Plannina and Buildina Safetv P \Planning & Building Safety \PROJECTS\675- 700\EA- 685 \Council Docs\2006 10 03 EA -685CC SR doc 7 1:11 ORDINANCE NO. 1401 AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE ( "ESMC ") CHAPTERS 15-4A (SINGLE- FAMILY RESIDENTIAL (R -1) ZONE SITE DEVELOPMENT STANDARDS); 15 -1 (DEFINITIONS); 15 -2 (OPEN SPACE ENCROACHMENTS); AND 15 -15 (PARKING STANDARDS). SECTION 1 The City Council finds and declares as follows A A review of the El Segundo Municipal Code ( "ESMC ") shows that there are numerous updates that the Council desires to make to various regulations for zoning, and other, similar matters for purposes of promoting the health, safety and welfare interests of the City, B This Ordinance is consistent with the City's procedures and standards as set forth in the ESMC, C On May 3, 2005, the City Council established an Ad Hoc Council Sub - Committee and directed staff to study the Single -Family Residential (R -1) Zone Site Development Standards, D. On October 12, 2005, City staff conducted a public meeting to review and discuss the Single -Family Residential (R -1) Zone Site Development Standards and receive public testimony regarding the proposed amendment, E On November 4, 2005, the City of El Segundo initiated an application for Environmental Assessment No EA -685 and Zone Text Amendment No 05 -03 to amend ESMC Chapters 15 -4A (Single -Family Residential (R -1) Zone Site Development Standards), 15 -1 (Definitions), 15 -2 (Open Space Encroachments), and 15 -15 (Parking Standards), F The application was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, G In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA ") the regulations promulgated thereunder (14 Cal Code of Regulations §§ 15000, et seq , the "CEQA Guidelines ") and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), Page 1 of 25 ��r•� V J ,v H On November 9, 2005, the City Council and the Planning Commission held a meeting to review and discuss the Single - Family Residential (R -1) Zone Site Development Standards and proposed amendments and considered the information provided by City staff and public testimony, On December 19, 2005, City staff conducted a public meeting to review and discuss the Single- Family Residential (R -1) Zone Site Development Standards and the proposed amendments, J On January 16, 2006, City staff conducted a public meeting to review and discuss the Single - Family Residential (R -1) Zone Site Development Standards and the proposed amendments, K On March 4, 2006, the City Council held a meeting to review and discuss the Single - Family Residential (R -1) Zone Site Development Standards and proposed amendments and considered the information provided by City staff and public testimony, L On March 13, 2006, City staff conducted a public meeting to review and discuss the Single -Family Residential (R -1) Zone Site Development Standards and the proposed amendments, M On May 16, 2006, the City Council held a meeting to review and discuss the Single - Family Residential (R -1) Zone Site Development Standards and proposed amendments and considered the information provided by City staff and public testimony, N On May 16, 2006, the City Council directed staff to prepare an amendment to the ESMC to modify the Single - Family Residential (R -1) Zone Site Development Standards, Definitions, Open Space Encroachments, and Parking Standards to allow the use of 'Vehicle Lifts" in the Single -Family Residential (R -1) Zone and the Two -Family Residential (R -2) Zone, O The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for September 14, 2006, P. On September 14, 2006, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony, Q On September 14, 2006, the Planning Commission voted not to Page 2 of 25 Loo recommend that the City Council adopt the draft regulations Instead, the Planning Commission recommended that the City Council consider adopting an ordinance with somewhat different regulations including, without limitation, exempting small lots (25 feet or less in width) from the proposed regulations and exempting lots 40 feet or less from modulation requirements, R On September 19, 2006, the City Council held a public hearing and considered the information provided by City staff and public testimony After considering the public testimony, documentary evidence, and the recommendations from the Planning Commission, the City Council directed that the ordinance be redrafted in a number of ways and returned for City Council consideration at its continued regular meeting scheduled for September 25, 2006, S On September 25, 2006, the City Council resumed its regular meeting from September 19, 2006 to consider this redrafted Ordinance After further considering the documentary evidence, the City Council redrafted the ordinance in a number of ways and introduced this Ordinance, T In adopting this Ordinance, the Council intends simply to regulate aesthetics, impose the community's design standards, and protect public health and safety Nothing in this Ordinance is intended to affect the density of dwelling units per acre, and U When adopting this Ordinance, the City considered the entire administrative record concerning Single -Family Residential Site Development Standards, adding Definitions, Open Space Encroachments, and Parking Area Development Standards to allow the use of "Vehicle Lifts" in the Single- Family Residential and Two -Family Residential Zone, regulations including, without limitation, information set forth in staff reports presented to the El Segundo Planning Commission and City Council, public testimony, the City's General Plan; and other evidence set forth in the record or commonly known to the community SECTION 2 Factual Findings and Conclusions The City Council finds that the following facts exist and makes the following conclusions A The proposed amendments to the ESMC modifies ESMC Chapters 15 -4A, 15 -1, 15 -2, and 15 -15 B The General Plan Land Use designation for the affected properties in the Single - Family Residential (R -1) Zone is Single -Family Residential Page 3 of 25 C The General Plan Land Use designation for the affected properties in the Two -Family Residential (R -2) Zone is Two - Family Residential D The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards do not increase the density of dwelling units per acre E The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards do not permit an increase to the height of buildings or structures above that of existing regulations in the Single- Family Residential (R -1) Zone F The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards add encroachments into the front yard setback for architectural features G The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards increase the side -yard setback requirements and add modulation requirements for lots greater than 40 feetin width H The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards establish regulations for accessory structures The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards establish a floor area ratio requirement J The amendments to the ESMC affecting Single -Family Residential (R -1) Zone Site Development Standards establish new lot coverage requirements that decrease the allowed lot coverage for two -story structures and increase the allowed lot coverage for single -story and predominantly single -story structures K Amendments to the ESMC affecting Single -Family Residential and Two - Family Residential parking standards do not reduce the minimum number of required parking spaces L Amendments to the ESMC affecting Single -Family Residential and Two- Family Residential parking standards establish regulations allowing use of vehicle lifts in the Single -Family Residential (R -1) and Two -Family Residential Zones M Amendments to the ESMC affecting Open Space and Encroachments add Page 4 of 25 OJJ encroachments into setback for minor architectural features N The proposed amendments to the SSMC relate only to new construction in a residential zone, alterations and additions to existing residential structures that involve negligible expansion of an existing use, repair and maintenance of existing residential structures that involve no expansion of an existing use, new construction of accessory structures including garages, carports and patios, and minor alterations to land including new gardening or landscaping SECTION 3 General Plan Findings As required by Government Code § 65454, the ESMC amendments proposed by the Ordinance are consistent with the City's General Plan as follows A The amendment to the ESMC relating to the City's Single - Family Residential Site Development Standards conforms with the Land Use Element Goals, Objectives and Policies Specifically, the amendment is consistent with Goal LU1, Objective LU1 -1, Goal LU3, in that the amendment creates policies, design standards, and helps create a sense of place for the entire City, preserves and maintains the City's low- medium density residential nature, with low budding height profile and character, and minimum development standards, adopting the amendments ensures the preservation, protection and extension of existing single -family residential uses, and promotes public health, safety, and welfare by adopting appropriate community standards for residential land uses B The proposed text amendment to the Single - Family (R -1) Zone Site Development Standards, Definitions, Open Space Encroachments, and Off - Street Parking Requirements conforms with the General Plan The proposed changes do not modify or increase the maximum density of dwelling units per acre currently allowed in the Single -Family Residential Land Use designation. As a result, the proposed Zone Text Amendment conforms to the Land Use Element of the General Plan SECTION 4 Zone Tent Amendment Findings Based on the findings set forth in Section 2, the proposed Zone Text Amendment is consistent with the goals, policies, and objectives of the General Plan Moreover, the proposed Amendment will not adversely affect surrounding properties, to the contrary, these regulations are intended to help preserve the integrity of R -1 neighborhoods while still allowing reasonably sized single -family residences Finally, the proposed Amendment promotes the general purpose of the zoning regulations set forth in Title 15 to the ESMC by carefully balancing the needs of residential neighborhoods with individual owner's rights to develop their private property Page 5 of 25 U6U SECTION 5- El Segundo Municipal Code ( "ESMC") § 15 -1 -6 is amended to read as follows "15 -2 -2 LIMITATION ON LAND USE, PROHIBITION Except as provided in this Title, it is unlawful to construct, reconstruct, or structurally alter any budding or use any real property_for any purpose other than is specifically permitted in the zone in which the budding or land is located. Using any budding or real property for a purpose prohibited by federal law, state law, or this Code is a misdemeanor " SECTION 6 ESMC § 15 -1 -6 is amended to add the following definitions "15 -1-6: DEFINITIONS: , Arbor* A shelter of shrubs and branches or of latticework intertwined with plant material usually comprised of climbing vines and flowers 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 four (4) sides Deck An open, unroofed porch or platform extending from a house or other building Lattice A structure of interwoven, crossed strips arranged to form a regular pattern of open spaces that is usually made of wood or metal , 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 , Porch A covered platform that is an exterior appendage to a budding, 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 Porte- cochere. A porte - cochere is a porch roof projecting over a driveway at or adjacent to the entrance to a budding that shelters those getting in and out of vehicles Stoop A raised platform that is approached by steps at the entrance to a budding A stoop may have a roof projecting out from the budding wall over the Page 6 of 25 i;:J'; budding entrance that does not have any columns supporting it Tower A budding or structure, usually round or square in plan and characteristically taller than its diameter, forming a part of a larger budding and is often located at a corner of the budding. Turret. A small, slender ornamental tower that begins above ground level that usually projects from a corner of the budding to which it is attached Trellis A system of horizontal latticework supported on posts, designed to support growing vines and plants Vehicle Lift. A stationary mechanical device with four (4) permanently anchored posts that vertically lifts a vehicle to allow the storage of a second vehicle below and must be designed with an automatic locking mechanism for safety Veranda A large, open porch, usually roofed and partly enclosed, as by a railing, often extending across the front and sides of a house " SECTION 7. ESMC § 15 -2 -7 is amended to read as follows. 1115 -2 -7: OPEN SPACE AREAS AND ENCROACHMENTS: A porte cochere (open carport) may be placed over a driveway in the front twenty feet (20') of one side yard setback, outside of the front yard setback, or attached to the front twenty feet (20') of one dwelling unit closest to the front lot line, provided the structure is not more than one story in height, is unenclosed on three (3) sides, and is entirely open except for the necessary supporting columns and architectural features A Every required yard must be open and unobstructed from the ground up, except the following intrusions may project two feet (2') into required yards, provided the required yard cannot be reduced to less than three feet (3') in width 1 Cornices, belt courses, sills, eaves or similar architectural features. Eaves may project six inches (6 ") into any nonconforming side yard which is three feet (3') in width. Shutters, corbels, and dentds may project six inches (6 ") Columns may project one foot (1'), 2 Fireplace structures not wider than eight feet (8') measured in the general direction of the wall of which it is a part, 3 Uncovered porches and platforms which do not extend above the floor level of Page 7 of 25 I'6S' the first floor, 4 Planting boxes or masonry planters not exceeding forty two inches (42 ") in height, 5 Guard railing for safety protection around ramps, 6. Mechanical equipment, such as pool heaters, water heaters, and air conditioners not wider than eight feet (8') measured in the general direction of the wall of which it is a part, and adequately soundproofed, but not encroaching into the front yard setback, 7. Bay windows, on the first floor _in any setback and on the second floor only in the front yard setback, not wider than eight feet (8') measured in the general direction of the wall of which it is a part, and 8 Greenhouse windows " SECTION 8 ESMC § 15 -4A -6 is amended to read as follows "15 -4A -6: SITE DEVELOPMENT STANDARDS: All uses on lots that are wider than 25 feet within the R -1 Zone must comply with the development standards contained in this Section A General Provisions 1 As provided by Chapter 2 of this Title 2 New dwelling units must be internally integrated and connected 3 An addition to, or extension of, a dwelling unit, except a garage, must share a common wall and be internally integrated and connected to the existing dwelling unit B Height The height of all dwelling units cannot exceed twenty six feet (26') and two (2) stories, except as provided in subsection H of this Section The height of all other one (1) story buildings and detached accessory structures, including detached garages, cannot exceed fourteen feet (14') Page 8 of 25 �':)9 Structure Average of Highest Gable The height of all other two (2) story buildings and detached accessory structures, including detached garages, cannot exceed the height of the primary dwelling 2e Maas Structure Average of Highest Gable 26' Max C Lot Area A minimum of five thousand (5,000) square feet D Setbacks 1 Front And Rear Yard- The combined total of setbacks for the front and rear yard must be at least thirty feet (30'), with no front yard setback less than twenty two feet (22') and no rear yard setback less than five feet (5'). Front yard setbacks for two -car and three -car garages located in the front half of a lot must be as described in the Placement Of Buildings And Structures requirements in subsection G of this Section a) Permitted Front Yard Setback Encroachments 1 Porches or verandas in front yard setback not fully enclosed on three sides (railings and /or columns permitted) may encroach into the front setback a maximum of six feet (6') in depth; 2. The first floor front yard setback facing exterior wall of a dwelling may encroach up to two feet (2') for a width not exceeding thirty feet (30') when a first floor porch or veranda, not fully enclosed on three sides, is also projecting into the front yard setback The total amount of encroachment may not exceed six (6') in depth combined for both the dwelling structure and a porch or veranda, for a maximum 50% of the Page 9 of 25 budding width not to exceed thirty feet (30'), 3 Courtyards (with walls not exceeding forty two (42 ") inches in height) may encroach into the front yard setback a maximum of six feet (6') and 50% of the budding width not to exceed twenty feet (20'); 4 Raised decks not greater than twenty four (24 ") inches above grade constructed in conjunction with a lattice deck cover not greater than ten feet (10') above grade may encroach into the front yard setback a maximum of six feet (6) in depth and fifty percent (50 %) of the budding width not to exceed twenty feet (20'), 5 Lattice patio covers not greater than ten feet (10') above grade may encroach into the front yard setback a maximum of six feet (6') in depth and fifty percent (50 %) of the budding width not to exceed twenty feet (20'), 6 Architectural elements such as towers or turrets not greater than eight feet (8') in diameter may encroach into the front setback a maximum of four feet (4'), 7 Pergolas not greater than ten feet (10') in height that are attached to the dwelling may encroach into the front setback a maximum of six feet (6') in depth and 50% of the width not to exceed twenty (20') in width, 8. An arbor or trellis, not exceeding eight feet (8') in height and eight feet (8') in width may encroach into the front yard setback 2. Side Yard Structures must maintain a minimum setback on each side of the lot of ten percent (10 %) of the width of the lot, but can never be less than three feet (3') and need not be more than six feet (6'). Side yard setbacks need not be more than five (5) feet for any single -story additions, or for a second story addition that does not add more than 500 square feet to the existing structure Side yard setbacks for new dwellings, second floor additions to dwellings, or additions to dwellings that add more than 500 square feet in area to the existing structure must comply with the following additional requirements if located on a lot greater than forty (40) feet wide a) Modulation of the second floor exterior perimeter walls must occur on the second floor of the dwelling that is equal to a minimum of fifteen percent (15 %) of the budding area (including garages and carports) on the ground floor, but not less than 200 square feet of area Page 10 of 25 i; 6 b) Modulation of the second floor exterior perimeter walls must occur on the side of the structure that faces the side yards c) The total area required to be modulated must be divided equally between both sides of the budding facing the side yards d) Modulation must be a minimum of four feet (4') in depth and must be a maximum of six feet (6') in depth e) No additional modulation is required if the exterior walls of the second floor facing each side yard is set back an amount that is equal to the 10% of the lot width and an additional four feet (4') in depth f) If 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 feet (4') to six feet (6') in depth, that portion may count towards the total required area of modulation as required in Subsection D(2)(a) above 3 Detached accessory structures, including garages, must maintain a minimum setback on each side of the lot of ten percent (10 %) of the width of the lot, but cannot be less than three feet (3') and need not be more than six feet (6') on the first floor and a minimum setback on each side of the lot of ten percent (10 %) of the width of the lot plus an additional setback of two feet (2'), but cannot be less than five feet (5') and need not be more than eight feet (8') on the second floor Detached accessory structures, including garages, that are only one story in height and are located in the rear one -third (1/3) of the lot, must maintain a minimum side setback of two feet (2) Detached accessory structures two stories high, located in the rear one -third (1/3) of the lot, must maintain a minimum side setback of two feet (2') on the first floor and a minimum five feet (5') on the second floor Attached garages on twenty five foot (25') wide lots only, located on the rear one -third (1/3) of the lot, are allowed zero setback on one interior side lot line Rooftop decks with required guard railings are permitted on either single -story accessory structures and on top of the single -story portions of two (2) story accessory structures Rooftop decks are not permitted on top of two (2) story accessory structures Rooftop decks must maintain a minimum setback on each side of the lot of ten percent (10 %) of the width of the lot, plus an additional setback of two feet (2') but can never be less than five feet (5') 4 Side Yard, Reversed Corner Reversed corner lots must have the following side yard with a triangular area described as follows one angle must be formed by the rear and street side property lines, and the sides of this angle must be fifteen feet (15') in length, measured along the rear and street side property lines The third side of this triangle must be a straight line connecting the two (2) other Page 11 of 25 L 6 21 lines at their endpoints This triangular side yard setback area is in addition to the other side yard setback requirements described in subsection D2 of this Section 5 Rear Yard Structures must maintain a minimum setback of five feet (5') on the first and second floor Detached accessory structures must maintain a minimum setback of three feet (3') from the rear property line on the first floor and must maintain a minimum setback of five feet (5') from the rear property line on the second floor r'rom Combined Setback Example: FkqTij Front + Rear a Combined 22' + 8' a 30' i 25' + 5' - 30' 5,000 st Min. E Lot Size ` ! --,I— _ sa' uun. at Rear W Front Yard 6 Exceptions Notwithstanding the provisions of this subsection D, the west side yard of 618 W Oak Avenue, more particularly described as the north 142 5 feet of the south 285 feet of the east 50.265 feet of Lot 14, Block 9, Tract No 1685, commencing 63 feet south of the front lot line and continuing south a distance of 30 feet, must be three inches (3 ") in width so long as that certain structure located along that thirty foot (30') distance which existed on January 11, 1973, remains in existence. Upon the removal or destruction of said building, this property is no longer exempt from this subsection D Notwithstanding the provisions of this subsection D, the south side yard of 724 Penn Street, more particularly described as the south 55 feet of the north 110 feet of Lot 8, Block 92, El Segundo Sheet No 4, commencing 84 feet east of the front lot line and continuing east a distance of 20 feet, must be three feet (3') in width so long as that certain structure located along that twenty foot (20') distance which existed on January 11, 1973, remains in existence Upon the removal or destruction of said budding, this property is no longer exempt from this subsection D E Lot Width Every lot created after the effective date hereof must maintain a width of not less than fifty feet (50') at the rear line of the required front yard However, any lot or parcel of land of record on May 14, 1954, having a street Page 12 of 25 l,' 6.3i frontage not exceeding two hundred feet (200'), may be subdivided into two (2) or more parcels having a width of not less than the average width of the narrowest twenty percent (20 %) of the lots fronting on its block The block is defined as the area on both sides of the street between the nearest intersecting streets Each parcel must have an area of not less than five thousand (5,000) square feet F Budding Area No minimum requirement The total gross floor area of all buildings, as defined in Section 15 -1 -6 of this Title, on any parcel or lot 40 feet or wider in width cannot exceed the total square footage of the parcel or lot area multiplied by 0 53, thereby giving a floor area ratio of 0 53 1 The floor area ratio requirement would exclude square footage of second dwelling units and basements where at least eighty percent (80 %) of the exterior perimeter walls of the second dwelling unit or basements are fully below natural grade G Placement Of Buildings And Structures 1 The distance between buildings is regulated by the California Budding Code, 2 - A detached single -story accessory structure in the rear one -third (1/3) of the lot may be located as described in the requirements for Setbacks in subsection D of this Section, unless one of the following conditions exists a Where the lot rears upon an alley and the vehicular entrance to the detached accessory structure is from the alley, such detached accessory structure must be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows 90 degrees - 25 feet 75 degrees - 21 feet 60 degrees - 18 feet 45 degrees - 15 feet b On the rear third of a reversed corner lot a single -story detached accessory structure may be built to the interior lot side line, but no budding must be erected closer than five feet (5') to the property line of any abutting lot to the rear However, if an alley intervenes and the vehicular entrance to the detached accessory budding is directly from the street side, a detached accessory budding may be built to the rear lot line 3 A garage that is attached to a dwelling that is located in the front half of the lot facing the front property line must be setback a minimum of twenty four feet (24') from the front property fine unless the building has a porch, veranda, courtyard or deck at least eight feet (8') in width by four feet (4') in depth, then a minimum front setback of twenty two feet (22') is permitted Page 13 of 25 4 An attached three -car garage located in the front half of the lot that faces the front property line where one of the stalls is not tandem, must have at least two individual car door openings The following garage designs are encouraged a). Three -car garages constructed as attached or detached structures at the rear of a lot b) Tandem parking for parking provided in excess of a two -car garage c) Attached three -car garages located on the front of a dwelling face toward the side property lines 5 Accessory outdoor showers attached to a budding wall are permitted, but cannot encroach in a required setback and cannot be roofed They may be enclosed with walls on three (3) sides and a shower door on one (1) side H Lot Coverage All buildings greater than eighteen feet (18') in height, including detached accessory buildings, cannot cover more than thirty five percent (35 %) of the lot area This coverage may be increased to sixty percent (60 %) if all buildings on the lot are single story and do not exceed eighteen feet (18') in height If the buildings located on the lot are a combination of one and two stories, where 60 percent of the total budding area does not exceed eighteen (18') in height, the lot coverage must not be more than forty three percent (43 %) Properties that are permitted to have a second dwelling unit cannot cover more than forty percent (40 %) of the lot area if there are buildings over eighteen feet (18') in height on the lot Properties that are permitted to have a second dwelling unit cannot cover more than forty seven percent (47 %) of the lot area if all buildings on the lot do not exceed eighteen feet (18') in height Covered porches and eaves do not count toward lot coverage Page 14 of 25 X 6 3 A I � I � i B i A +B =< 40% if A +B =< 47% if bldg height is bldg height is over 18' 18' or under I Building Wall Modulation Architectural budding features, in conformance with the definition of "architectural budding feature" in Section 15 -1 -6 of this Title, must be included to modulate the one -story exterior - budding walls subject to the approval of the Director of Planning and Budding Safety and for two -story structures as specified in subsection D ( "Setbacks') of this Section J Detached Accessory Buildings 1 Any detached accessory budding or combination of accessory buildings, except the garage, cannot be larger in gross floor area than six hundred (600) square feet, 2 Detached accessory buildings are limited to two stones, and may include an attic, which may be used for storage purposes only, provided access to the attic is not from permanently fixed stairs (pull -down type stairs are permitted), no plumbing is permitted, and electrical fixtures are limited to the minimum required by the California Budding Code (CBC) and National Electrical Code (NEC), 3 Detached accessory buildings cannot contain a kitchen or kitchen facilities, a bathtub or shower and cannot be used for sleeping purposes or as an "R" occupancy, as defined by the California Budding Code (CBC), except that they may contain a sink and a toilet, 4 Detached accessory buildings cannot be rented or used as a separate Page 15 of 25 t;V� dwelling unit, and 5 Before the City issues a budding permit for a detached accessory structure, except a garage, the Director of Planning and Budding Safety must require that a covenant running with the land be recorded stating that the accessory structure cannot be used as a dwelling unit or used in violation of this Section " SECTION 9 A new § 15 -4A -6A is added to the ESMC to read as follows "15 -4A-6: SITE DEVELOPMENT STANDARDS: All uses on lots 25 feet wide or less within the R -1 Zone must comply with the development standards contained in this Section A General Provisions 1 As provided by Chapter 2 of this Title 2 New dwelling units must be internally integrated and connected 3 An addition to, or extension of, a dwelling unit, except a garage, must share a common wall and be internally integrated and connected to the existing dwelling unit B Height The height of all dwelling units cannot exceed twenty six feet (26') and two (2) stories, except as provided in subsection H of this Section The height of all other buildings and detached accessory structures, including detached garages, cannot exceed fourteen feet (14') Average of Highest Gable g C. Lot Area A minimum of five thousand (5,000) square feet D Setbacks Page 16 of 25 +. 6 , 1 Front And Rear Yard. The combined total of setbacks for the front and rear yard must be at least thirty feet (30'), with no front yard setback less than twenty two feet (22') and no rear yard setback less than five feet (5') 2 Side Yard: Structures must maintain a minimum setback on each side of the lot of ten percent (10 %) of the width of the lot, but can never be less than three feet (3') and need not be more than five feet (5') Detached accessory structures located in the rear one -third (1/3) of the lot, are allowed zero setback on one interior side lot line Attached garages on twenty five foot (25') wide lots only, located on the rear one -third (1/3) of the lot, are also allowed zero setback on one interior side lot line 3 Side Yard, Reversed Corner Reversed corner lots must have the following side yard with a triangular area described as follows one angle must be formed by the rear and street side property lines, and the sides of this angle must be fifteen feet (15') in length, measured along the rear and street side property lines The third side of this triangle must be a straight line connecting the two (2) other lines at their endpoints This triangular side yard setback area is in addition to the other side yard setback requirements described in subsection D2 of this Section 4 Rear Yard Structures must maintain a minimum setback of five feet (5') Detached accessory structures are allowed zero setback on the rear property line 5,000 st Min. Lot Size 5Q' M at Aaar d Front Yard Combined Selb"k Example Frant + Hear = Combined 22' + W m 30' 25' + 5' 30' 5 Exceptions Notwithstanding the provisions of this subsection D, the west side yard of 618 W Oak Avenue, more particularly described as the north 142 5 feet of the south 285 feet of the east 50 265 feet of Lot 14, Block 9, Tract No 1685, commencing 63 feet south of the front lot line and continuing south a distance of Page 17 of 25 L 6 J 30 feet, must be three inches (3") in width so long as that certain structure located along that thirty foot (30') distance which existed on January 11, 1973, remains in existence Upon the removal or destruction of said budding, this property shall no longer be exempt from this subsection D. Notwithstanding the provisions of this subsection D, the south side yard of 724 Penn Street, more particularly described as the south 55 feet of the north 110 feet of Lot 8, Block 92, El Segundo Sheet No 4, commencing 84 feet east of the front lot line and continuing east a distance of 20 feet, must be three feet (3') in width so long as that certain structure located along that twenty foot (20') distance which existed on January 11, 1973, remains in existence Upon the removal or destruction of said building, this property is no longer exempt from this subsection D E Lot Width Every lot created after the effective date hereof must maintain a width of not less than fifty feet (50') at the rear line of the required front yard However, any lot or parcel of land of record on May 14, 1954, having a street frontage not exceeding two hundred feet (200'), may be subdivided into two (2) or more parcels having a width of not less than the average width of the narrowest twenty percent (20 %) of the lots fronting on its block. The block is defined as the area on both sides of the street between the nearest intersecting streets Each parcel must have an area of not less than five thousand (5,000) square feet F Building Area No minimum requirement G Placement Of Buildings And Structures 1 The distance between buildings is regulated by the California Budding Code, 2 - A detached accessory structure in the rear one -third (113) of the lot may be located on the rear and one interior side lot line, unless one of the following conditions exists a. Where the lot rears upon an alley and the vehicular entrance to the detached accessory structure is from the alley, such detached accessory structure must be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows 90 degrees - 25 feet 75 degrees - 21 feet 60 degrees - 18 feet 45 degrees - 15 feet b On the rear third of a reversed corner lot a detached accessory structure may Page 18 of 25 be built to the interior lot side line, but no budding must be erected closer than five feet (5') to the property line of any abutting lot to the rear However, if an alley intervenes and the vehicular entrance to the detached accessory budding is directly from the street side, a detached accessory building may be built to the rear lot line H. Lot Coverage All buildings, including detached accessory buildings, shall not cover more than forty percent (40 %) of the lot area This coverage may be increased to forty seven percent (47 %) if the height of the structure is limited to eighteen feet (18') If a building exceeds eighteen feet (18') in height, the lot coverage shall not exceed forty percent (40 %) under any circumstances FA] I I FA-] I I I I I I A +B =< 40% if A +B =< 47% if bldg height is bldg height is over 18' 18' or under I Building Wall Modulation Architectural building features, in conformance with the definition of "architectural budding feature" in Section 15 -1 -6 of this Title, must be included to modulate the building walls subject to the approval of the Director of Planning and Budding Safety J Detached Accessory Buildings 1. Any detached accessory budding or combination of accessory buildings, except the garage, cannot be larger in gross floor area than six hundred (600) square feet, Page 19 of 25 4� ! V 2. Detached accessory buildings are limited to one floor, but may include an attic, which may be used for storage purposes only, provided access to the attic is not from permanently fixed stairs (pull -down type stairs are permitted), no plumbing is permitted, and electrical fixtures are limited to the minimum required by the California Building Code (CBC) and National Electrical Code (NEC), 3 Detached accessory buildings cannot contain a kitchen or kitchen facilities, a bathtub or shower and cannot be used for sleeping purposes or as an "R" occupancy, as defined by the California Budding Code (CBC), except that they may contain a sink and a toilet, 4 Detached accessory buildings cannot be rented or used as a separate dwelling unit, and 5 Before the City issues a building permit for a detached accessory structure, except a garage, the Director of Planning and Budding Safety must require that a covenant running with the land be recorded stating that the accessory structure cannot be used as a dwelling unit or used in violation of this Section." SECTION 10 ESMC § 15 -4A -7 is amended to read as follows "15 -4A -7: LANDSCAPING: Landscaping and irrigation must be provided within the front and street side setback areas Those setback areas fronting upon a public street must incorporate a combination of soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking A A minimum of 25% of the front yard setback area must be maintained with permanent landscaping that contains a combination of lawn, trees, vines, bushes and groundcovers, and does not include hard landscape materials for lots less than 50 feet in width B A minimum of 35% of the front yard setback area must be maintained with permanent landscaping that contains a combination of lawn, trees, vines, bushes and groundcovers, and does not include hard landscape materials for lots that are 50 feet or greater in width " SECTION 11 ESMC § 15 -4A -8 is amended to read as follows. "15 -4A -8: OFF - STREET PARKING AND LOADING SPACES: Off - street parking must be provided as required by Chapter 15 of this Title, but in Page 20 of 25 � i no case can a driveway or curb cut be less than ten feet (10') in width Where the driveway access and curb cut is to a two (2) car or larger garage which exits directly onto the front street, the driveway and curb cut cannot be less than sixteen feet (16') in width Driveway entrances and exit locations must be provided in conformance with subsection 15 -15 -5F of this Title " SECTION 12 A new § 15- 15- 5(A)(3) is added to the ESMC to read as follows "15 -15 -5: PARKING AREA DEVELOPMENT STANDARDS: A Stall Sizes And Aisle Widths 3 Parking Stall Sizes For Vehicle Lifts is as follows Single -Family Residential and Two- Width Depth Family Residential Zones (Outside Dimensions) One Vehicle Lift Space 12 feet 22 feet " SECTION 13 ESMC § 15- 15 -5(F) is amended to read as follows "15 -15 -5: PARKING AREA DEVELOPMENT STANDARDS: F Entrances And Exits: The location and design of all driveway entrances and exits is subject to the approval of the Director of Planning and Building Safety and must comply with the criteria listed below Distance From Zone Side Property Line All n/a zones, Curb Cut And Dnvewav Width Minimum 10 feet Maximum 30 feet Page 21 of 25 except R -1 and R- 3 R -1 nla R -3 5 feet minimum in front 213 of lot Entrance or exit on or from an alley may be less Minimum 10 feet Maximum 20 feet for lots less than 50 feet in width and a maximum of 50% of the lot width for lots 50 feet or greater in width Minimum 12 feet No more than 20 percent of lot width or maximum 30 feet " SECTION 14 A new § 15- 15 -5(H) is added to the ESMC to read as follows "15 -15 -5: PARKING AREA DEVELOPMENT STANDARDS: H Vehicle Lifts Vehicle lifts may be used by right to provide off - street parking spaces on lots in the Single - Family Residential (R -1) Zone and the Two - Family Residential (R -2) Zone where the vehicle lifts provide parking in excess of the minimum number of required parking spaces subject to the standards in this Section and in this Chapter Vehicle lifts may be conditionally permitted for required off- street parking spaces on lots in the Two -Family Residential (R -2) Zone subject to the following 1 The vehicle lift must be located only within a fully enclosed garage 2 A vehicle lift may only be used to store two vehicles vertically where a minimum vertical height clearance from the floor to the ceding plate of the garage is a minimum of fourteen feet (14') clear of obstructions 3 A vehicle lift must be designed and used as a designated parking space for use only by occupants in the same dwelling unit as the parking space located directly below the vehicle lift 4 A vehicle lift must be permitted only with a key locking mechanism 5 A vehicle lift must be permitted only if it is operated with an automatic shut- off safety device and is installed in accordance to manufacturer specifications Vehicle lifts may be conditionally permitted for required off- street parking spaces on lots in the Two -Family Residential (R -2) Zone subject to the following 1 The vehicle lift must be used only on a lot less than forty five feet (45') in width Page 22 of 25 i 13 2 The vehicle lift must be located only within a fully enclosed garage. 3 A vehicle lift must only be used to meet the minimum number of required off - street parking spaces in addition to a minimum of two (2) fully accessible parking stalls located on the floor surface within a garage or garages 4 A Conditional Use Permit subject to ESMC Chapter 15 -23 must be obtained for use of a vehicle lift that is provided to meet the minimum number of off - street parking spaces in the R -2 Zone 5 A vehicle lift may only be used to store two vehicles vertically where a minimum vertical height clearance from the floor to the ceding plate of the garage is a minimum of fourteen feet (14') clear of obstructions 6 A vehicle lift must be designed and used as a designated parking space for use only by occupants in the same dwelling unit as the parking space located directly below the vehicle lift 7 A vehicle lift must be permitted only with a key locking mechanism 8 A vehicle lift must be permitted only if it is operated with an automatic shut- off safety device and is installed in accordance to manufacturer specifications " SECTION 15 Environmental Assessment The City Council determines that the proposed ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQK) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of new construction in residential zone property on the environment Accordingly, the proposed Ordinance constitutes a Class 1 (existing facilities), Class 3 (new construction or conversion of small structures), and Class 4 (minor alteration to land use) categorical exemptions in accordance with CEQA Guidelines §§ 15301, 15303, and 15304, respectively SECTION 16 Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 17 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 Page 23 of 25 �, ,l 4 SECTION 18 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 19 Budding plans that are submitted to the City of El Segundo for plan check and that are determined to be substantially complete by the City of El Segundo Planning and Budding Safety Department (that is, detailed architectural plans have been submitted and plan check fees have been paid to the City) prior to the expiration of 60 days following the Council's adoption of this Ordinance are exempt from the regulations contained within this Ordinance Persons may appeal the Director's decision in accordance with ESMC § 15 -25 -2 SECTION 20 This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this day of 2006 ly McDowell, Mayor Page 24 of 25 ATTEST- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2006, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED Mark D Hen M Berger, AssWant City Attorney Page 25 of 25 '' "lG EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION. MEETING DATE- October 3, 2006 AGENDA HEADING: Consent Agenda Consideration and possible action regarding the adoption of Ordinance No 1400 to amend the Downtown Specific Plan regarding building height restrictions (Fiscal Impact- None) RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance No. 1400 for Environmental Assessment No EA -702, Specific Plan Amendment No 06 -01, and Zone Text Amendment No 06 -04, and /or 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION, At Its meeting of September 19, 2006, the City Council Introduced an Ordinance to amend the Downtown Specific Plan (DSP) to reduce the building height limits and maximum number of stories allowed Additionally, the City Council continued the matter for further discussion to the September 25, 2006 meeting At its meeting of September 25, 2006, the City Council re- introduced an Ordinance to adopt Environmental Assessment No EA -702, Specific Plan Amendment No 06 -01, and Zone Text Amendment No 06-04. The Ordinance as revised maintains the existing building height limits and maximum number of stories allowed, but adds a 25 -foot front setback for any portion of the building above 30 feet in height 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. 1. Ordinance No 1400 FISCAL IMPACT- None Operating Budget: N/A Amount Requested- N/A Account Number: N/A Project Phase: N/A Yes X No Gary D. C (cots I erim Director of Planning and Building Safety REVIEWED DATE: 1/1,/66 Q i V Jeff , Clty Manaqer P \Planning & Building SafetyAPROJECTS \701- 725 \EA- 702\Councal Mtg 100306\2006 10 03 EA -702CC SR doc l" / P ORDINANCE NO. 1400 AN ORDINANCE APPROVING ENVIRONMENTAL ASSESSMENT NO. 702 (EA -702), SPECIFIC PLAN AMENDMENT NO. 06 -1, AND ZONE TEXT AMENDMENT NO. 06 -04 TO MODIFY BUILDING HEIGHT RESTRICTIONS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares that A On March 6, 2006, the City of El Segundo filed an application for an Environmental Assessment (EA -702), Specific Plan Amendment (SPA 06- 01), and Zone Text Amendment (ZTA 06 -04) to modify the building height restrictions within the Downtown Specific Plan, B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan, as required by Government Code § 65454 which states that no specific plan may be amended unless the amendment is consistent with the general plan, and conforms with the El Segundo Municipal Code ( "ESMC "), C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D The Planning and Budding Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for September 14, 2006, E On September 14, 2006, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Planning Commission by City staff, public testimony, the applicants /property owners and their representatives, F On September 14, 2006, the Planning Commission adopted Resolution No 2610 recommending City Council approval of Environmental Assessment No EA -702, Specific Plan Amendment No 06 -01, and Zone Text Amendment No 06 -04, -1- X1'78 G On September 19, 2006, the City Council held a public hearing and considered the information provided by City staff and public testimony, closed the public hearing, introduced an Ordinance, and continued the item to the September 25, 2006 meeting, H On September 25, 2006, the City Council held a meeting and considered the information provided by City staff, and re- introduced an Ordinance as amended, This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its September 19, 2006 hearing and September 25, 2006 meeting including, without limitation, the staff report submitted by the Planning and Budding Safety Department. SECTION 2 Factual Findings and Conclusions. The City Council finds that the following facts exist A Affected properties are located with the boundaries of the Downtown Specific Plan (DSP) area The Downtown Specific Plan area encompasses the properties located on the 100 through 500 blocks of Main Street, the 100 through 200 blocks of Richmond Street, the west side of the 300 block of Richmond Street, a portion of the east side of the 300 block of Richmond Street, the lots fronting the 100 and 200 blocks of West Grand Avenue from Concord Street to Main Street, and a portion of the 100 block of East Grand Avenue from Main Street to the alley west of Standard Street B The General Plan Land Use designation for this area is Downtown Specific Plan C The Downtown Specific Plan includes the following Districts- Main Street District, Main Street Transitional District, North Richmond Street District, Richmond Street District, Grand Avenue District, and West Grand Avenue Transitional District D The land uses permitted in the Downtown Specific Plan include a variety of commercial uses, residential uses above the first floor, and recreational uses E Surrounding land uses in the area generally consist of multi -family residential dwellings to the north, the west and to the east, offices and industrial uses to the east, and industrial uses to the south The surrounding area is a fully developed urban environment F The proposed amendment to the Downtown Specific Plan (DSP) would restrict budding heights within the DSP area to 30 feet and 2 stories at any point on a parcel -2- U'i 9 SECTION 3 General Plan Findings As required under Government Code § 65454 the proposed amendment of the Downtown Specific Plan is consistent with the City's General Plan as follows A. The El Segundo General Plan land use designation is Downtown Specific Plan. This designation is intended for neighborhood serving commercial and residential uses B The amendment to the Downtown Specific Plan is consistent with several General Plan Goals, Objectives and Policies related to Land Use and Economic Development Specifically, the amendment is consistent with Land Use Element Goals, Objectives and Policies that include Goal LU1, Objective LU1 -4, Goal LU4, Objective LU4 -2 1 and Objective LU4 -2 6, in that amending the DSP to restrict budding heights and number of stories will further the goal of maintaining a "small town" atmosphere, will maintain the City's Downtown as integral to the City's appearance and function, will provide a stable tax base for the City through development of new commercial uses; revitalize and upgrade commercial areas, making them a part of a viable, attractive, and people - oriented commercial district with consideration to aesthetic architectural improvements, zoning and shopper amenities, and maintain and encourage low -scale architectural profile and pedestrian - oriented features in the Downtown area, consistent with existing structures C The amendment to the Downtown Specific Plan is consistent with the Economic Development Element Goals, Objectives and Policies Specifically, the amendment is consistent with Goal ED3, Objective ED3 - 1, Policy ED3 -11, Policy ED3 -1.2, and Policy ED3 -13, in that the amended Downtown Specific Plan will strive to preserve and improve the business environment and image of Downtown El Segundo; create an economically viable and stable Downtown area that uniquely contributes to El Segundo's commercial options through development standards that facilitate the revitalization of underdeveloped property in the Downtown area, present a clear and consistent image of the Downtown area, preserve the Downtown area's economic viability, and encourages the revitalization efforts that improve the appearance of the Downtown area business SECTION 4 Zone Text Amendment Findings Based on the factual findings of this Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed project in order to modify the budding height limits in the Downtown Specific Plan Chapter VI Development Standards SECTION 5 Environmental Assessment Because of the facts set forth in Section 2, the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption 15305 (Class 5 — Minor Alterations in Land Use Limitations) -3— c�.,, 8 0 SECTION 6 Approvals The City Council approves Specific Plan Amendment No 06- 01 and Zone Text Amendment No 06 -04 Accordingly, this Ordinance amends the DSP in the manner set forth in attached Exhibit "A" which is incorporated by reference 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 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 9 Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 10 If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 11 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 -4- (;�i SECTION 12 This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this _ day of 2006 Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2006, and the same was so passed and adopted by the following vote AYES: NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPR1 Mark C a -5- EXHIBIT "A" DOWNTOWN SPECIFIC PLAN SUPPLEMENT VI DEVELOPMENT STANDARDS A. Main Street District — (300 -400 Blocks Main Street) 7 Site Development Standards - c Height in) To the extent a budding exceeds 30 feet in height, the front portion of the building that exceeds 30 feet in height must be setback 25 feet from the front property line B. Main Street Transitional District — (100- 200 & 500 Blocks Main Street) 7 Site Development Standards- c Height iii) To the extent a budding exceeds 30 feet in height, the front portion of the budding that exceeds 30 feet in height must be setback 25 feet from the front property line C. Richmond Street District — (100- 200 Blocks Richmond Street) 7 Site Development Standards- c Height* iii) To the extent a budding exceeds 30 feet in height, the front portion of the budding that exceeds 30 feet in height must be setback 25 feet from the front property line D. North Richmond Street District — (300 Block Richmond Street) 7 Site Development Standards- Height- iii) To the extent a budding exceeds 30 feet in height, the front portion of the budding that exceeds 30 feet in height must be setback 25 feet from the front property line E. Grand Avenue District — (300 Block east side Richmond Street — former- Ralph's market and adjacent lots) 7 Site Development Standards - c Height 1. � J iv) To the extent a budding exceeds 30 feet in height, the front portion of the budding that exceeds 30 feet in height must be setback 25 feet from the front property line F. WEST GRAND AVENUE TRANSITIONAL DISTRICT (NORTH 200 BLOCK OF WEST GRAND AVENUE BETWEEN CONCORD STREET AND THE ALLEY WEST OF RICHMOND STREET) 7 Site Development Standards - c Height iii) To the extent a building exceeds 30 feet in height, the front portion of the building that exceeds 30 feet in height must be setback 25 feet from the front property line P \Planning and Building Safety\PROJECTS \701- 725 \EA - 702 \Council Mtg 100306\2006 10 03 EA702 CC ExhibitA doc 2 ZJ x EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: October 3, 2006 AGENDA HEADING- Consent Agenda Consideration and possible action regarding the adoption of Ordinance No 1398 to amend the El Segundo Municipal Code as It relates to nonconforming buildings and uses In the Heavy Industrial (M -2) Zone (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance No 1398 for Environmental Assessment No. EA -721 and Zone Text Amendment No. 06 -07; and /or 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On September 19, 2006, the City Council introduced an Ordinance to adopt Environmental Assessment No. EA -721 and Zone Text Amendment No. 06 -07, without the modifications recommended by the Planning Commission. 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: 1 Ordinance No 1398 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number. N/A Project Phase- N/A Appropriation Required: Yes X No UKIGINATED BY: DA i t: Jeff �J Director of Plannl q- 2i4 DATE. 27/66 P \Planning & Building Safety\PROJECTS \701- 725 \EA - 721 \Council Docs\2006 10 03 EA -721 CC SR doc 9 t, �I ORDINANCE NO. 1398 AN ORDINANCE AMENDING SECTION 15 -21-6 OF THE EL SEGUNDO MUNICIPAL CODE ( "ESMC ") AND ADD A NEW 15 -21-8 TO THE ESMC TO REGULATE NONCONFORMING BUILDINGS AND USES WITHIN THE HEAVY INDUSTRIAL (M -2) ZONE. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows A A review of the El Segundo Municipal Code ( "ESMC ") shows that there are numerous updates that would be prudent to be made to various regulations for zoning and other, similar, matters, B This Ordinance is intended to update, clarify, and bring certain provisions of the City's nonconforming use regulations into conformance with current policies and procedures, C On December 20, 2005, the City Council directed staff to prepare an amendment to the El Segundo Municipal Code ( "ESMC ") to reduce the time period allowed for nonconforming uses and buildings within the Heavy Industrial (M -2) Zone to remain vacant and still retain the right to maintain a legal nonconforming use, D This process was initiated in order to remove the inequity of allowing certain nonconforming uses and buildings within the Heavy Industrial (M- 2) Zone to maintain a legal nonconforming use without a demonstrable good faith attempt to either promptly bring the property or building in compliance with existing laws or continue using the nonconforming budding or use, E There is a strong public interest in ensuring that such nonconforming uses and buildings be required to comply with current laws and regulations, F Based upon the evidence collected during the public hearing before the Planning Commission, staff recommendations, evidence submitted during the City Council public hearing, and Council deliberations, it is in the public interest to adopt this Ordinance to amend the ESMC, G The ESMC amendments effectuated by this Ordinance are intended to strike a fair balance between business interests within certain parts of the City and the public's interest in applying the zoning regulations of the ESMC fairly and equitably Page 1 of 4 SECTION 2 ESMC § 15 -21 -6 is amended to read as follows "15 -21-6: NONRESIDENTIAL RESTRICTIONS: Except as otherwise provided for the Heavy Industrial (M -2) Zone, all legal or legal nonconforming uses or buildings, in existence as of the effective date hereof, within the nonresidential use categories and all previously designated commercial properties which have been designated multi -family residential zones by the 1992 general plan, with the exception of Smoky Hollow, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this title, are permitted to rebuild or remodel subject to the following requirements A Until May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased one time by a maximum of twenty percent (20 %) or fifteen thousand (15,000) square feet, whichever is less The expansion itself must meet the requirements of this title related to setbacks, lot coverage, height and parking, but is not required to compensate for any deficiency or nonconformity in the original building or use Expansions allowed by this section before May 6, 2006, require a conditional use permit issued pursuant to sections 15 -23 -4 to 15 -23 -13 of this title Wherever these sections refer to the proposed "use" the term "expansion" shall be utilized for purposes of making a determination under this section B After May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased up to the maximum allowable floor area ratio (FAR) as determined by this title or the El Segundo general plan. The expansion must meet the requirements of this title related to setbacks, lot coverage, height and parking, but is not required to compensate for any deficiency or nonconformity in the original budding or use C Except as otherwise provided for Heavy Industrial (M -2) Zone, if a nonconforming budding remains vacant for a period of twelve (12) consecutive months, it must be upgraded to meet all requirements of this title before occupancy, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15 -21 -3 of this chapter are not considered vacant for purposes of this section D Except as otherwise provided for the Heavy Industrial (M -2) Zone, a nonconforming use in a conforming or nonconforming building may be Page 2 of 4 � i replaced with another similar nonconforming use, provided the budding is not vacant for more than twelve (12) consecutive months, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15 -21 -3 of this chapter, are not considered vacant for purposes of this section." SECTION 3 A new § 15 -21 -8 is added to the ESMC to read as follows "15 -21 -8: RESTRICTIONS FOR THE HEAVY INDUSTRIAL (M -2) ZONE. A If a nonconforming budding within a Heavy Industrial (M -2) Zone remains vacant for a period of six (6) consecutive months, it must be upgraded to meet all requirements of this title before occupancy, except buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15 -21 -3 of this chapter are not considered vacant for purposes of this section B A nonconforming use in a conforming or nonconforming budding located within the Heavy Industrial (M -2) Zone may be replaced with another similar nonconforming use, provided the budding is not vacant for more than six (6) consecutive months, except buildings that are active available for lease and occupancy, or are being remodeled pursuant " permit or subject to section 15 -21 -3 of this chapter, are not considered vacant for purposes of this section " SECTION 4 Environmental Assessment The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of nonconforming uses on the environment Accordingly, the proposed Ordinance constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption SECTION 5. Repeal or amendment of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 6 If any part of this Ordinance or its application is deemed invalid by a court Page 3 of 4 U66 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 7 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 8 This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption PASSED AND ADOPTED this day of 2006 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk H Berger, �§gfstant City Attorney P \Planning .10) 'Building Safety \PROJECTS \701 - 725 \EA - 721\2006 10 03 EA721 CC NonconforrmingOrd doe Page 4 of 4 U 861 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Consideration and possible action regarding second reading of Ordinance No 1399 amending the El Segundo Municipal Code to revise the title of the Department and the Department Head to Library Services Department and Director of Library Services (Fiscal Impact $8,200) RECOMMENDED COUNCIL ACTION: 1) Second reading by title only and adoption of Ordinance No 1399 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: With the City Manager's Office assuming responsibility for the activities of the Community Cable Division, amending Chapter 6 of the El Segundo Municipal Code is required in order to revise the title of the Department and the Department Head to Library Services Department and Director of Library Services from Library and Cable Services Department and Director of Library and Cable Services Staff has determined that the needs of the community will be best met by a minor reorganization involving transferring the Community Cable Division to the Office of the City Manager Direct oversight of the Community Cable Division's function and staff will become the responsibility of the Assistant City Manager, and will be reflected by a 5% increase in the salary range for the fob classification Correspondingly, the retitled fob classification of Library Director will be y -rated for compensation purposes ATTACHED SUPPORTING DOCUMENTS 1) Ordinance No 1399 amending the El Segundo Municipal Code FISCAL IMPACT $8,200 Operating Budget. Amount Requested. Account Number. Various Protect Phase- Appropriation Required, _Yes X No ORIGINATED BY: DATE- September 27, 2006 Bret M Plumlee, Director of Administrative Services 10 r c: 0 ORDINANCE NO 1399 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6 -3 AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND DEPARTMENT DIRECTORS The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds as follows. A The El Segundo Municipal Code ( "ESMC') provides that the City Council may from time to time by Ordinance designate departments, appointive officers, or employees of the City, B It is in the best interest of the City to list all existing City departments in the Municipal Code and officers excluded from the Personnel Merit System, and C It is in the best interest of the City to revise the title of the Department and Department Head to Library Department and Library Director SECTION 2 ESMC § 1 -6 -3 is amended in its entirety to read as follows* "Sec 1 -6 -3 CITY DEPARTMENTS Effective October 1, 2006, the organization of city government consists of the following departments Administrative Services Department City Administration Fire Department Library Services Department Planning and Building Safety Department Police Department Public Works Department Recreation and Parks Department SECTION 3 ESMC § 1 -6 -5 is amended in its entirety to read as follows "Sec 1 -6 -5 DEPARTMENT HEADS For the purpose of this chapter and for the purpose of initiative Ordinance 586 and for the purpose of ordinances expanding the coverage of initiative Ordinance 586, and not by way of limitation, effective October 1, 2006, the term "Department Head" includes- _ 1 - L91 Chief of Police City Manager Director of Administrative Services Assistant City Manager Director of Planning and Budding Safety Fire Chief Public Works Director Director of Library Services Director of Recreation and Parks SECTION 4 Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 5 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 6: 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 7 This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this day of 2006 Kelly McDowell, Mayor - 2 ATTEST I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cathy Domann, Deputy City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the _ day of 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the. day of _, 2006, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk - 3 - EL SEGUNDO CITY COUNCIL MEETING DATE. October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of plans and specifications for the removal of Blue Stone crosswalks In the Intersection of Grand Avenue at Main Street and replacement with stamped concrete — (Fiscal Impact = $100,000) COUNCIL ACTION* Recommendation — (1) Approve the plans and specifications; (2) Authorize staff to solicit construction bids, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION. Pennsylvania Blue Stones were placed In the crosswalks on all four legs of the Intersection of Grand Avenue and Main Street In conjunction with the Downtown Specific Plan Improvements in 2003 The stones have cracked under traffic loads causing portions to come loose Initially, Public Works staff replaced stones as they broke loose As the damage progressed, crews removed the damaged stones and placed asphalt to fill the voids To avoid damage to passing vehicles and provide a more stable surface for pedestrians, it is recommended that the stones be removed and replaced with stamped concrete The color and pattern of the stamped concrete would match the existing concrete crosswalks at the intersection of Main Street and Holly Avenue. (Background and discussion continued on next page ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT' Capital Improvement Program. Amount Requested, Account Number: Project Phase- Appropriation Required: $100,000 $100,000 To Be Determined Adopt plans and specifications No DATE. Steve Finton, Director of Public Works City Manager zr, Background and Discussion continued The Capital Improvement Program Advisory Committee (CIPAC) evaluated this project and recommended it for funding in the FY2006 -07 Capital Improvement Program. With adoption of the FY 2006 -07 budget, funding in the amount of $100,000 became available on October 1, 2006 Staff is expediting the project to eliminate the ongoing maintenance burden the present condition of the intersection poses Plans and Specifications are available for review at the Public Works Department Counter Several pallets of spare blue stones were provided to the City under the Downtown Specific Plan Improvement project Public Works staff has been drawing from this store to replace damaged stones These stones will not go to waste Staff proposes to use the stones to provide a walking surface in the vicinity of the 9 -11 Memorial at Freedom Park Staff is also exploring the possibility of using the stones removed from the intersection to improve the aesthetics of the drainage channel in the median adjacent to the Main Street/ Imperial Highway intersection liV 3 EL SEGUNDO CITY COUNCIL MEETING DATE October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action to for the Police Department to utilize reallocated project funds from Urban Area Security Initiative Fiscal Year 2004 (UASI FY04) federal grant program to enhance interoperable communications capabilities, and authorization forthe City Manager to sign an UASI FY04 contract amendment describing the reallocation Fiscal Impact $103,600 RECOMMENDED COUNCIL ACTION 1) Authorize the City Manager and /or designee to sign the UASI FY04 contract amendment reallocating money to Interoperable radios, 2) Pursuant to El Segundo City Code Sec 1 -7 -10, waive the bidding process and purchase mobile and portable radios through a "piggy- back" arrangement to an existing Los Angeles County Master Pricing Agreement, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION The City of Los Angeles was awarded $28 8 million dollars under the UASI FY04 program and the City of El Segundo was identified as one of the 16 sub - awardees, i e jurisdictions who share a contiguous border with the City of Los Angeles The award was accepted by the City of El Segundo in May 2004 and a contract with the City of Los Angeles was signed On September 12, 2006, the City of Los Angeles advised El Segundo representatives that approximately $100,000 in unexpended UASI FY04 funds can be reallocated for use by the Police Department to continue the Interoperable communications project now underway Grant administrators advised that a simple amendment to the existing contract between the City of Los Angeles and the City of El Segundo could be made, basically moving unspent monies to the existing Police Department communications project The total grant award would not change, only reallocations from one line item to another As a condition for the ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Operating Budget Amount Requested $103,600 Account Number 001 - 400 - 3255 -8104 Project Phase Appropriation Required _Yes X No •- 7 rim/ //A All Jac ayt, ChiEf of Police Manager BACKGROUND & DISCUSSION, continued modification and reallocation of funds, no new projects can be funded and any equipment purchased must be invoiced and delivered no later than November 30, 2006 This is so reimbursements can be processed by the end of the grant funding period The vendor has stated that delivery of radio equipment can meet the delivery deadline if processed by October 9. 2006 ('117 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding directing staff to administer the Proposition 218 majority protest process with regard to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and setting a public hearing for consideration and possible action regarding the proposed increases and approval of a contract with Martin & Chapman Cc to provide ballot mailing services (Fiscal Impact = $12,000 for ballot mailing, Potential Fiscal Impact = approximately $570,000 loss in FY 2006 -2007 water revenues and approximately $560,000 loss in FY 2006 -2007 wastewater revenues) RECOMMENDED COUNCIL ACTION: 1) Direct staff to administer the Proposition 218 majority protest process for proposed water and wastewater increases; 2) Set a public hearing on December 19, 2006 for Council consideration of the proposed water and wastewater increases, 3) Authorize the City Manager to execute a contract with Martin & Chapman Co. in an amount not to exceed $12,000 in a form as approved by the City Attorney for ballot mailing; and, 4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On September 7, 2004, the City Council adopted Ordinance Nos 1376 and 1377 which set forth rate increases for residential and non - residential water and wastewater services provided by the City Ordinance No. 1376 provided for six increases to the City's water rates to be implemented over a six year period. Ordinance No. 1377 provided for five increases to the City's wastewater rates to be implemented over a five year period. To date, two of the increases have been imposed for each utility (Continued) ATTACHED SUPPORTING DOCUMENTS: Proposed notices and protest ballots Ordinance Nos. 1376 and 1377 FISCAL IMPACT: Operating Budget: $12,000 Amount Requested: $12,000 Account Number: 300 - 7102 -6253 Project Phase: NA Appropriation Required: No ORIGINAT D BY- DATE: S Public Works DATE: Jeff art, City Manager X3 ( 00 1 l 7 BACKGROUND & DISCUSSION Continued: The rate schedules Included In the Ordinances were developed through rate studies completed In 2004 The rate studies were conducted to determine the operating, capital and cash reserve needs of the water and wastewater systems The studies were Intended to assist in developing policies that would address the funding shortfalls in the water and wastewater enterprise fund accounts and to recommend a path to place those enterprise funds in sound condition in the future City Council established a Task Force to assist in developing the rate schedule. The primary focus of the Task Force was to establish the water and wastewater enterprise funds as self - sustaining and to eliminate the General Fund subsidies that existed at that time. The study recommended three rate schedules for restructuring the water and wastewater rates. The alternatives ranged from aggressive rate Increases to quickly eliminate the subsidy to more gradual approaches that maintained the general fund subsidy while the rates could be raised gradually to eliminate the subsidy over a longer period. After much consideration, the Task Force recommended the most gradual alternative. The rate schedule eliminated the general fund subsidy of the water enterprise fund In FY 2004- 2005. The rate schedule recommended for the wastewater enterprise fund, however, would not offset the general fund subsidy entirely until 2013. Today, the water enterprise fund Is self sustaining and the wastewater enterprise fund receives and annual general fund subsidy in the amount of approximately $600,000 Comparison with Other Agencies A comparison of water and wastewater rates to those of surrounding agencies Is provided on the following page. The proposed FY 2006 -2007 water rates are the lowest of any surrounding agency The proposed wastewater rates for FY 2006 -2007 are well below average with only five of fourteen agencies with lower rates $6000 $5000 $4000 $3000 $2000 $1000 $000 Comparison of Monthly Water Charges to Other Agencies ® Monthly Water Charge for typical redidenceusing 15CCF El Segundo Water Charge (proposed $25 90) El Segundo E)astmg Charge ($22 60) 2 ... W 1 L _0 ^ L 2 L N U V X00 0 m > 0 r3 m 75 '� m > m c w 8 U I.JJ Comparison of Monthly Wastewater Charges to Other Agencies i Monthly Wastewater Charge for typical residence using 15CCP + El Segundo Total Wastewater Charge (Proposed $15 51) El Segundo E1asting Charge ($12 04) $4000 1 _ ___ _A_ -_ —_ $3500 $3000 $2500 $2000 $15 00 $1000 $500 $000 I I I� A d A ° I� M C b ° Vl i >• ! ® litl ® irr M i>• L 0- 900110■logoII `° ° a cis N ✓ A d A ° a M C b ° Vl t0 m L G `° ° a cis ° t 0 L 2m H C 2> a id ' The w astew ater charges include the Los Angeles County Sanitation Eistrct charges .¢ Recent Legal Precedent Requiring Proposition 218 Procedures On July 24, 2006, the California Supreme Court concluded in Bighorn -Desert View Water Agency v Beringson that water and water rates are subject to the requirements of Proposition 218 (Article XIIIC and XIIID to the California Constitution). The Bighorn decision specifically overruled a prior California appellate court decision in the case of Howard Jarvis Taxpayer Association v City of Los Angeles that held that these types of services were not subject to the requirements of Proposition 218. Based upon the Bighorn decision, City staff is recommending that the Council adhere to the Proposition 218 majority protest procedure (explained below) prior to implementing the remaining rate increases that are set forth in Ordinance Nos. 1376 and 1377. Proposition 218 Proposition 218 was approved by the voters of the State of California at the November 5, 1996 general election Proposition 218 added Articles XIIIC and Article XIIID to the California Constitution Article XIIID requires that any agency imposing or increasing any property- related fee or charge must provide written notice to the record ownerof each identified parcel upon which such fee or charge Is to be imposed and must conduct a public hearing with respect thereto. The written notice must be sent to the property owners at least forty-five days prior to the public hearing. The proposed fee or charge may not be imposed or increased if a majority of �UG property owners of the identified parcels file written protests against it prior to the close of the public hearing In addition, Article MID includes a number of requirements applicable to existing fees and charges including provisions to the effect that (i) revenues derived from the fee or charge shall not exceed the funds required to provide the property- related service, (i) such revenues shall not be used for any purpose other than that for which the fee or charge was imposed, (iii) the amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel and (iv) no such fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question Property- related fees or charges based on potential or future use of a service are not permitted. The California Supreme Court concluded in the Bighorn case that a public agency's charges for water and wastewater delivery are "fees and charges" within the meaning of Article MID This decision by the Supreme Court specifically overruled a prior California appellate case involving the City of Los Angeles that held such charges were not subject to Article XIIID. The California Attorney General had also previously issued an opinion that water rates were not subject to Article MID Proposed Increases Staff believes that the City's current, and the proposed water and wastewater fees comply with requirements (i) through (iv) set forth above The proposed increases will, at best, result in the water and wastewater operations being self - sustaining so that the City's general fund will not have to continue to subsidize these operations Accordingly, the proposed rates do not exceed the funds required to provide the services provided and the funds are only used for the operations of these utility enterprises. Water rates are based upon actual consumption of water and meter capacity. Due to the correlation between water consumption and wastewater discharge, wastewater fees are charged proportional to the quantity of water consumed and the types of land use discharging Finally, only property owners utilizing water and wastewater services pay for the use of these services. (Copies of the water and wastewater studies that were prepared in 2004 are available for public review in the City Clerk's Office and will be available at the public hearing) City staff has prepared proposed notices and protest ballots to be sent to the property owners in the City (copies attached). These notices will be mailed out at least 45 days prior to the public hearing date and returned protest ballots will be maintained in the City Clerk's Office. Property owners can turn in (by mad or hand delivery) protest ballots at anytime prior to the close of the public hearing on the proposed rate increases. At the public hearing the Council will be presented with (i) a resolution for purposes of certifying the results of the protest process, and (n) an ordinance reflecting the proposed increases. The ordinance cannot be introduced and adopted if a majority of the property owners file written protests The specific rate increases that are being proposed are indicated in detail in the attached notice. �U� Lifeline Customers Ordinance Nos 1376 and 1377 provided reduced water and wastewater rates for customers that qualify as low income. Eligible residents pay half the regular rate. Public Works staff recently contacted 42 Lifeline customers to verify eligibility. Transience and improved economic conditions has reduced the number of eligible lifeline customers to 30. The overall lifeline subsidy is approximately $7,200 per year Under Proposition 218, the subsidy for these customers cannot come from funds received from regular rate payers Proposition 218 provides that the subsidy can be funded from interest earned on water revenues or from the City's General Fund The City has elected to fund the Lifeline subsidy from interest earned on water revenues Martin & Chapman Co. — Mailing of Protest Ballots Martin & Chapman has provided election support and services to El Segundo for many years They are well known and trusted for their competent provision of election services and supplies Under the recommended contract, Martin & Chapman Co. will provide ballot printing and mailing for an amount not to exceed $12,000. � Ian October 4, 2006 IMPORTANT NOTICE TO PARCEL OWNERS REGARDING PROPOSED INCREASES IN WATER AND WASTEWATER SERVICE CHARGES AND NOTICE OF PUBLIC HEARING ON DECEMBER 19, 2006 Dear City of El Segundo Property Owner The City of El Segundo is proposing an increase to the water and wastewater service charges associated with providing water and wastewater services to parcels located in the City of El Segundo The increases are being proposed to pay for the cost of providing water and wastewater services to properties located within the City. The proposed rates were calculated through water and wastewater service cost studies reviewed at public hearings before City Council on August 3, 2004 and August 17, 2004 The studies established a multi -year rate schedule to adjust water and wastewater rates in an effort to offset the City's cost of providing these services. The studies and multi -year rate schedules were adopted by Council on September 7, 2004. The FY 2004 -2005 and FY 2005 -2006 increments were previously implemented and the FY 2006 -2007 increase is proposed to be implemented on February 16, 2007. FY 2007 -2008, FY 2008 -2009, FY 2009 -2010 rate increases are proposed for implementation on October 1 of each year. Rate changes to Water Consumption Charges, however, are proposed to be implemented by the City when wholesale water cost changes are implemented by the West Basin Municipal Water District A complete copy of the water and wastewater studies, entitled "City of El Segundo Water Rate Study" and "City of El Segundo Sewer Rate Study", both dated March 2004 are available in the City Clerks Office at 350 Main Street in the City of El Segundo. The proposed new rates are provided on the enclosed "Schedule of Proposed Service Charge Increases " Review these to determine how your specific parcel would be affected Customers are encouraged to review water use history found on prior utility bills Charges are based upon a combination of meter size, type of service, location of service, and actual usage. If you have any questions on the proposed increase please call (310) 524 -2742 for assistance. Any adjustment shown, if enacted, will take effect no earlier than February 16, 2007 IMPORTANT INFORMATION: If you oppose an increase to your water and wastewater service charges and wish to protest this action you must do so in writing before the close of the public hearing on December 19, 2006. If you do not oppose an increase, no response is necessary If you want more information, please contact the City's Water Division at (310) 524 -2742. Page 1 of 11 October 2006 AU0 Provided below is a WATER RATE INCREASE PROTEST BALLOT and a WASTEWATER RATE INCREASE PROTEST BALLOT. If you wish to protest implementation of the multi -year water and /or wastewater rate Increases, you must 1) check the box on the appropriate ballot(s) Indicating that you protest the proposed service charge increases, 2) print and sign your name on the Imes provided, 3) cut or tear off the form(s) where Indicated, 4) deliver the signed form(s) to the City Clerk before the close of the public hearing on December 19, 2006 by one of the following methods- U.S mall addressed to City Clerk/Water and Wastewater Rates, City of El Segundo, 350 Main Street, El Segundo, CA 90245 or hand deliver to the City Clerk's office at the same address ^< - - - - - - -- - -- - - - ?< - - - - - - - - - - - - 3<- - - - - -- - - ?<-----------------)<- Please detach here WATER RATE INCREASE PROTEST BALLOT ❑ I protest the proposed water service charge increases for FY 2006 -2007 through 2009 -2010. Pnnt Legibly — Full Name I own the property at Address Signature Return to: City Clerk/Water and Wastewater Rates, City of El Segundo, 350 Main Street, El Segundo CA 90245 prior to close of the pubhc hearing to be conducted by the City Council on December 19, 2006 ' < - - - - -- -------- �< --- ------ K-- -- ---- ----? Schedule of Proposed Service Charge Increases Water Rates Customers are charged for water service through two water service charges as follows. 1 Water Consumption Charge: The Water Consumption Charge covers the City's cost to purchase water from the West Basin Municipal Water District ( WBMWD). The cost of water purchased from WBMWD changes from time to time. On January 1, 2007, WBMWD will increase potable water rates 4 6% Over the previous ten -year period, WBMWD rate changes have varied from -3 4% to +4.95% The proposed Water Consumption Charge In 2006 -2007 reflects the actual water costs accounting for increases to be imposed by WBMWD on January 1 2007 The proposed rates indicated for years 2007 -2008 through 2009 -2010 account for anticipated WBMWD rate increases in those years based on WBMWD projections WBMWD anticipates increasing wholesale water costs by 4.54 %, 4.35% and 4 17% in years 2007 -2008, 2008 -2009 and 2009 -2010 respectively The City proposes to increase or decrease Water Consumption Charges at the same percentage as increases or decreases implemented by WBMWD up to the maximum of the rate increases anticipated by WBMWD as indicated above. The proposed Water Consumption Charges shown in the following tables reflect the maximum charge that could be charged in the corresponding year 2 Readiness -to -Serve / Operation and Maintenance Charges (RTS /O &M): The RTS /O &M charge covers the City's cost to operate and maintain the water system including, but not limited to, labor, equipment, energy costs and capital improvements These charges are flat fees based on meter size The following tables indicate existing and proposed water rates - -- - - -- - -- - -- - - - - -- - -- - - - -- - - -- Water Consumption Charges (Monthly) -- - - Existing: Proposed' Proposed, Proposed( Proposed, Water 2006 -2007, 2007 -20081 2008 -2009' 2009 -2010 Water consumption I ti Consumption Water Consumption Water! Consumption Water Consumption j Water Consumption Charge p er; Charge per Charge per Charge per iCharge per 100, 100 cubic feet: 100 cubic feet ;100 cubic feet 100 cubic feet cubic feet' Firs First 2,000 cubic feet - $1 26931 - -- � i $1 3322 - - -- - - -- i- $1.3927 *1 -- - -- - -- '- $1 4533 - $1.5139 Next 3,000 cubic feet $1.3964 $1 4656 i $1 5321 * ( $1.5988* $1.6655*, Next 5,000 cubic ' feet - $1 4662; '�- - - - -- -- - - $1.5388 - - -- - -- $1 6087 *' $1.6786* $1.7486* Over 10,000 — cubic feet $1 5364; - - - - -- $1.6125 - -- - - -- $1.6857 *' � -- - - - - - -- - $1.7590': - -- - -- - $1 8324* *Rate increases will be a pass- through of actual water cost increases imposed on the City by WBMWD The rate indicated anticipates increases in the cost of water purchased by the City for distribution to customers Rate increases passed through to El Segundo customers will not exceed the actual percentage increase imposed by WBMWD up to a maximum of the rate indicated Page 3 of 11 October 2006 City of El Segundo Schedule of Proposed Service Charge Increases Continued Water Consumption Charges - Lifeline (Monthly) Residents qualifying as low income may take advantage of the following reduced or "Lifeline" Water Consumption Charges Proposedl Proposedl Proposed; Proposed 2009 - Existing 2006 -2007, 2007 -20081 2008 -20091 2010 Lifeline Lifeline, Lifeline; Lifeline; Lifeline Water Water Water Water, Water; Water; Consumption, Consumption Consumption Consumption Consumption Consumption! Charges Charges' Charges per Charges Charges! Charges 1 per 100 cubic feet; 100 cubic l Charges per Charges per Charges per' feet! 100 cubic 100 cubic! 100 cubic feet, feet! feet, First 500 cubic $0.6348 $0.6662', $.06964* $0.7267* $0.7570* feet Next 1,500 cubic $12147 $1 2749' $1 3328 *, $1.3908 *' $1.4488* feet Next 3,000 cubic - -- -- - -- -- - -- - * I - - - - - -- - * ` - -- - - -- - * ; feet $1.39641 $1 4656, $1 5321 $1 5988 $1 6655 - - -- feet -- $1.4662 — - $1 5388 - - - - - - -- -- — - Next 5,000 cubic $1.6087* $1.6786* $1.7486* Cirve r 10,000 cubic feet $1 5364 $1.61251 $1 6857*, $1 7590*' $1 8324 *Rate increases will be a pass- through of actual water cost increases imposed on the City by WBMWD The rate indicated anticipates increases in the cost of water purchased by the City for distribution to customers Rate increases passed through to El Segundo customers will not exceed the actual percentage increase imposed by WBMWD up to a maximum of the rate indicated Water Consumption Charges for recycled water will be the rate charged by the West Basin Municipal Water District, plus $0.3056 per hundred cubic feet of recycled water consumed - ------- - - - - -- - - -- - - - -- - - - - - -- - -- - - -- - - - - -- - - - - --- - ------ - - - - -- ---------- - - - - -- -- Readiness -to -Serve / Operation and Maintenance Charges (RTS /O &M) (Monthly) Page 4 of 11 October 2006 ,Uri Existing Proposedl Proposed' Proposed,, Proposed, Meter Size (RTS /O 2006 -20071 2007 (RTS /O &M) -20081 (RTS /O &M) I 2008 -20091 (RTS /O &M) 2009 -2010, (RTS /O &M) Charge Charge Charge 1 Charge Charge '5/8" x3/4" and 3 /a" ' _ -r - $3.56 i - - -- - - - -- $5.491 - - � -- $7.411 - - - - - -; - - $9.34 -- - - - - - $11.26 5/8" x3/4" and 3 /a" (Lifeline) - $1.781 - - - - - -- -- - $2 74! - -- -- -- ---- $3.71 , ---- - - -- $4671 - -- $5 63i $14.49( - - $1587j $17.25,� - $18.64 $2002( 1" (Lifeline) $7.24 $7.94; $8.631 $9.32, $10.01 1-1/2" - $19.48 �� $20.941 - - - $22.41 $2387, - - - -- 2 - - _' - -- - - - -- $27.351 -- -- - - - - -- - - - - $31.77 _ $36.201 - $40.62' - $45.041 Page 4 of 11 October 2006 ,Uri City of El Segundo Schedule of Proposed Service Charge Increases Continued Readiness -to -Serve / Operation and Maintenance Charges (RTS /O &M) (Monthly) Fire Services are water connections dedicated to emergency fire suppression systems such as budding fire sprinkler systems and private fire hydrants Existing Pro osed Pro osed i Proposed Proposed Meter Size (RTS /O &M) 2006 -2007, (RTS /O &M) 2007 -2008; (RTS /O &M); 2008 -2009 (RTS /O &M) 2009 -2010' (RTS /O &M) Charge Charge Charge' Charges Charge Charge, 3" - - $51.72 -- - $64.12' - - $76.53; - $88.93 $101 34 4" $84.52' - $108.431 - $132 34 $156.25 - -- $180 16, — -- 6" -- - - -- $174.11, - — $231.92' - -- - - $289.731 - - $347 55' - — --_ $405.36' 8" $275.16 $386.53' - - $49790 $609.27 - $720 64 10" - - $434.84' - - $607.63 $78042, $953.21 $1,126.00 12 $625 66 $874.60 $1 123.55 , $1,372 49' $1,621 44 16" $1,100.65 $1,54613, $1,991.61; $2,43708 $2,882.56 20" $1,713.19 r $2,410.891-- 2,410.89 $3,108 59 E $3,806 30 $4,504 W - - -- - - - - -- - -- - ------------ - - - - -- - -- - - - - Fire Service Charge (Monthly) - -- - - -- - -- - -- Fire Services are water connections dedicated to emergency fire suppression systems such as budding fire sprinkler systems and private fire hydrants Parcels in El Segundo are charged wastewater fees to fund the ongoing operations and maintenance of the City's sewer system The system is composed of underground pipelines and sewer pump stations. Sewage from the City is conveyed through the City's system of underground pipelines and pump stations to treatment plants. Charges to maintain and operate the system are collected by the City through the water billing process, due to the correlation between the amount of water consumed on a parcel to the quantity of wastewater discharged into the sewer /wastewater system. Parcels west of Sepulveda Boulevard and a few parcels east drain to the Hyperion treatment plant and pay the following charges. 1. Treatment Charge - The City pays Hyperion to accept and treat sewage from the City of El Segundo. This charge goes to pay for Hyperion treatment costs. Page 5 of 11 October 2006 i U i Existing Proposed, Proposed` Proposed Proposed Meter Size Fire Service 2006 -2007 2007-2008! 2008 -2009 ; 2009 -2010 Fire Charge Fire Service 1 Fire Service! Fire Service !Service Charge Charge Charge, Charge $27 61 $31.71 $35.80 $39 90 1 $44.001 3" - $41.41 -- $47 56, $53.71 _ $59.85 - -- - $66.00 4" $55.24' - $63431 - - $71 62' $79 81 ;- - $88.00', 6" $82 83 i 13 $10742 $119 71 $132.00 8" $110.43 $12682 $143 22 $15961, $176.00 10" $138.14 $158 60! $179.07 $199.53 $22000, Parcels in El Segundo are charged wastewater fees to fund the ongoing operations and maintenance of the City's sewer system The system is composed of underground pipelines and sewer pump stations. Sewage from the City is conveyed through the City's system of underground pipelines and pump stations to treatment plants. Charges to maintain and operate the system are collected by the City through the water billing process, due to the correlation between the amount of water consumed on a parcel to the quantity of wastewater discharged into the sewer /wastewater system. Parcels west of Sepulveda Boulevard and a few parcels east drain to the Hyperion treatment plant and pay the following charges. 1. Treatment Charge - The City pays Hyperion to accept and treat sewage from the City of El Segundo. This charge goes to pay for Hyperion treatment costs. Page 5 of 11 October 2006 i U i City of El Segundo Schedule of Proposed Service Charge Increases Continued 2 Service Charge - This charge pays for labor, equipment and energy costs of ongoing operations and maintenance of the City's wastewater pipelines and pump stations. 3 Quantity Charge -This charge pays for needed capital improvements such as replacement or lining of sewer mains or upgrading pump stations. The majority of parcels east of Sepulveda Boulevard flow to treatment plants operated by the Sanitation Districts of Los Angeles County. Owners of those parcels pay the City's Service and Quantity Charges, and pay the Sanitation Districts through property tax assessments for sewage treatment The following tables indicate existing and proposed wastewater rates. Treatment Charge Single Family /Duplex - j - - -- $6.61 i -- - - - -- - - -- - - - - - -- - - -, -- - Charges li 5/8 and 3/4 $7.94 $9 26 $10.58! Single Family /Duplex 1" $8.411 $10 09; $11.77 j $13451 Single Family /Duplex 1- r $9.091 $10 91 - $12 73 $14 55 , :Single Family/Duplex 2" 1 $9 651 $11 58 ; $13.52 ' _ I 1 $15.45 Single Family /Duplex -- r- -- -, - -- -- - - -- - -- - -- - - � - - - - -- - - (Lifeline) $3 305; $3.97 $4.63 $5.29 Multi Family 5/8" x 3/4" $10.93 $13 11 $15.30; $17.48 Multi Family 1" 1 $15.31 ; $1837, $21431 $24 49 - -- -- - - - -- - - - Multi Family 1 -1/2" $23 35 j $28 02' $32 69 $3736 Multi Family 2" $52 37; $6284 $73 31 $83 79 Multi Family 3" $178.00, $213 60 $249 20 $284.80 Multi Family 4" ( $244 93 $293.91 $342 90 $391 88 Commercial West of Sepulveda -- - - - - -- - - 5/8" x 3/4" �- -$7.80 -- $9.36' $10.92 ; -- $12 48' - - - -- - -- - - - -- 1 - _ -� �- $19.47 ''i $23.36 ;- - $27.26 - _ $31.15 1 $35.85 i $43 02 i $5019 $57 36 2" - - - - -- $94 50 $113.41 -�- - $132.31 - -- $15121, 3" $175.16 $210 20 $245.23 $280 26 4" —� $748A -7 $89817, $1,047.86; - -- - $1,19756; industr estof - -- -' ,Sepulveda 5/8" x 3/4" - - -- $6.47! -- $7 761 -� -- - $906, -$10 35 Page 6 of 11 October 2006 YUU Existing 2 Proposed P Proposed 1 Customer Type and 2 Treatment' T 2006-20071 P 2007 -20081 2 2008 -20091 'Water Meter Size T Treatment' T Treatment! T Treatment'l Charges C Charges; C Charges Page 6 of 11 October 2006 YUU City of El Segundo Schedule of Proposed Service Charge Increases Continued Treatment Charge Proposed' Proposed i Proposed Customer Type and Existing Treatment; 2006 -2007' 2007 -2008 2008 -2009 Water Meter Size Charges Treatment Treatment Treatment, i Charges Charges Charges' V. -- -- - -- - $8.75' $10.50 $1225, -- — $1399: - - -- - - 1 -1 /2" $25.26 $3031, - - -- - $3537 - -- - - - - - -- $4042, - - - - - -- -- - - -- - 2" $7712 - $92.54 - -- ---- $107.97; - - - - -- - -- -- - $123.39; 3" =— $19332, $231 98 $270.65: $309.31 - - - - -- - 4" - - $274.66 - , - $329.59 -- - -- - $384.52 - - - -- - - $439 45 - - - -- - - - -- - - -- — -- Institutional 5/8" x 3/4" $6.11 $7.331 $8.56' $9 78 1" $968; - -- - $1162 -- -- - - -- - - $1355; - - - -- -- $1549, 1 -1/2" $14 73' $1768, $2062, - $2357 2" - -- $22.34: -- $26.80. - -- $31.27' - -- - $35 74; 3" $55.39 ;- $66.47 $77 55 -- $88.63', 4" $65.60 -- - $78 72 - -- - $91 84 ; $104.95 6" $316 82 380.19' $443.55 $506.92' Refinery - 5/8" x 3/4" - - - - -- $4 12 - - - - -- - - $4.94 - - - - - -- - -- $5.76 - - -- $6.58 1" $5.87 $704 $8.22 — - $9.39, 1-1/2'. $78.04 $93.65' $10926 $12487 2" --- --- - - - - -- 9679 - -- - $596.15 • $695.51 $794.87 -- - - 3" - - - -- - - - -- - $500 00' - - - - -- - - - $600.00 -- - - - - $70000 $80000 -- Service Charge - - - - Customer Type and Ex�st�n Proposed 2006 -2007 Proposed 2007 -2008' Proposed 2008 -2009' 1 Water Meter Size Service, Se Charges Service' Service Service Charges i Charges, Charges Single Family Duplex $2 13' $292, $371, $449, 5/8" and 3/4" 9 - - Single Family/Duplex 1 1 -- $256 $3 50 $_4__4_5__,__ 4 45 ___$_5__3__9_ Single Family /Duplex 1- $2 77 $3.80 $4 82 $5.84 1/2" Single Family /Duplex 2" $2 99 $4.09' $5.19' - - -- -- $6 29 Single Family /Duplex (Lifeline) $1.065' $1 46' $1.86' $2.25, Multi Family 5/8" x 3/4" $3 41' $4 67 $5 93' -$7-19-' Page 7 of 11 October 2006 .01j, i City of El Segundo Schedule of Proposed Service Charge Increases Continued Service Charge Page 8 of 11 October 2006 y L U Proposed Proposed, Proposed! Customer Type and' Existingi� 2006 -2007; 2007 -2008; 2008 -2009: Water Meter Size Charges Service: Service Service Charges Charges' Charges; Multi Family 1" $4.80; $6.57, $8.34; $10 11 Multi Family 1 -1/2" $7 25 $9 93; $12 60 $15 27 1 Multi Family 2" $16 00 $21 901, $27.801 $33 69 ! Multi Family 3" $55 48 1 $75 92 $96 36 $116.801 Multi 4" $74 68 $102 20; $129.71 $157 23' Commercial West of Sepulveda 5/8" x 3/4" $235, $321, $4.08 i $4 94 1 1" $608; $8.32, $10.56 $1280 _ 1 -14" $1067; - -- - -- $14.60, _ $18.53; - $2246 2" $2774, $37.96; - -- $48181 $58.40, 3" $59 75' $81.76 $103 77 4" - - - - - -- - - - - - - -- $224 05 $306.59 $389 14 $471681 -- Industrial West of - - - - -- - - - - - -- - -- Sepulveda 5/8" x 3/4" - -- - - - -- $2.13 ! -- $292 $3 71 $4.49 1.1 $2.56 $350, -_ - - -- $4 45 - - - -$5.39 1 -1/2" -- -- - $7 90 $1080 $13.71, - - $16.62 2" $23471 $32 12 $40.77 $49.41; 3" $59.75 -- $81.76' - - -- $103.77 - $125 78 4" - - - - -'- $85.35 $116.80' -- -- $148.24 $179.69 Institutional - c 5/8" x 3/4" -- - - - -$2 13 j - -- $2.92, - - -- -- - $3.71 -- $4.49 - 1 " -- - - -- - - -- $2.99' - - -- --- - -- -- ---- $4.09 - - - - -- - - - -- -- - - - -- $5.19 - - - - -- - - - - -- $6.29, $6.13 -- $778, 2" $640 $8.76 $11 12' $1348 3 - - - $17 07 - - $2336 - - -� $29.65 -- $35.94 4" � $21 34 $29.20 - -� $37.06, $44.92, 6 $96.02 $131 40 ; $166.77: $202.15 Refinery 5/8" x 3/4" - -- -- - - - -' - -$2.56 ( - - - -- -$3 50 ; - - - - -- $4.45 ; -- -- - -- -- -- $5.39 1 -1 /2" $21.34 $29.20: - $37.06 ; $44 92'1 Page 8 of 11 October 2006 y L U City of El Segundo Schedule of Proposed Service Charge Increases Continued Service Charge Industrial East of Sepulveda 5/8"x3/4"- /8" x 3/4" Existing Proposed Proposed; Proposed, Customer Type and, Service', 2006 -2007' 2007-2008, 2008 -2009! Water Meter Size -- $1067 Service service: Service - - 2" Charges f Charges Charges' Charges; 2" $149 37 $204.39' $259.42! $314.451 3" - - -- - - $170.70 �- - - $233.59 , -- - $296 48 -� -- $359.37' Commercial East of - $405.42 ,'- -- $554.79, - - -- $704 15' $853.52 Sepulveda - ------------- - - - -` - - Quantity Charges - - - - -- - --- - - Customer Type and 5/8" x 3/4" - -- $2.13, $2.92 $3.71 - - $4.49 1.1 - - -- -- ,- $235 - -- - - -- $3 21 - ' - - $3 - $4 OS ,' - $4.94 - - - - - -- - --- -------- 1 -1/2" --- - - -- $14.94 - -- - - ------- $20.44 - - - - -- - $25.94' - - -- - $31.45 - -- - - -- -- - 2" - - - - -- - -- -- - $42.68 - -- - - -- -- $58.40 -- -- - -- -- $74 12 -- - -- -- - - -- $89 84 3" - - $59 75 $81 76 -$163.77i $125.78 - - - - -- --- 4" -- - - - - -- - $96.02 E - -- -- -- - $131 40 - - - - - -- - - - --- $166 77 -- - -- - $202 15' 6" $245 39 $33579, $426.20' $516 60 Industrial East of Sepulveda 5/8"x3/4"- /8" x 3/4" - - $2.35 -- - $3.21 f $4 08 -$4-94 - - - - - --- - -- 1" - -- - - - -- - - -- $5 87; - - - - -- - -- -- $8.03 - - -- -- $10.19 - -- - $12 35' 1 -1/2" -- - -- $1067 - $14.60 -� - - $18.53 -- - $22.46' - - 2" - $ - - ------ $23 47 - $312 j- - -- - $40.77 - -- $4941 3" 96021, $131 40 $166.77' $202 15' 4" $149.37; $204 39' $25942, $314 45 ; 6" - �- �- - - - $405.42 ,'- -- $554.79, - - -- $704 15' $853.52 - - -- - - -_ - - ------------- - - - -` - - Quantity Charges - - - - -- - --- - - Customer Type and Existing i Proposed, Proposed' Proposed Water Meter Size Quantity 2006- 2007'' 2007 -2008' 2008 -2009 - -- -- - - -- -- - -- - Charges, Quantity Charges Quantity Charges; - -- -- -- Quantity Charges - -- Single Family /Duplex - - - - - - $0.22 - - - $0.31 -- - -- - -. $041, - - - - - $0.50 5/8" and 3/4" 'Single Family /Duplex $0.22 ( $0.31 $0411 - $0.50 1" Single Family /Duplex $0.22 $0.31 $041, $0.50 1 -1/2" Single Family /Duplex $0.22 -- - -' -- $0.31 _- - - $041 $0.50 2„ Page 9 of 11 October 2006 a , � � Y City of El Segundo Schedule of Proposed Service Charge Increases Continued - - - -- --- -- - - -- ---- - -- --- ---- Single Family /Duplex - - -- -- - - -- -- $0.111 $0.155 - - - -- -- -- $0.205, $0.25 (Lifeline) �- - - -� -- - - - -- Multi Family 5/8" x -` $0.26; $038, $0.50' $0.62 3/4" - -- - - - Multi Family 1 -"- - - - -- �-- - - $0.26 - - - -- $0.38 -- -- - --- - $0.50 -- - - - -- $0.62! Multi Family 1- 1/2 ° $0 , $0.38 $0.50' $0 621 ' - - - -- Multi Family 2' -261 --- $0.26; - - - - -- - $0.38 - -- - $0 50 - - - - $062 Multi Family 3" - - -� $0.26 �_ - -- -- $0 38, -- - - -$0 50 -- - _ -- $0.62 - -- - -- - - -; Multi Family 4" r - -- $626 - -- -$0.38 - - - ' $0.50 , -- -- -- - -$0 62 - - -- - -- - -- -- -- Quantity Charges Customer Type and Existing Quantity': Proposed 2006 -2007' Proposed, 2007 -20081 Proposed 2008 -2009 Water Meter Size Charges Quantity Charges i Quantity Charges Quantity Charges, Commercial West of !Sepulveda 5/8" x 3/4" �- $0.31 $0 44 58; $0 71 V. - - - - ; - -- $0.311 $0.44 $0.581 $0.711 1 -1/2" - - -- - - - -� - - - - - -- -$0.31 - - -- $0.44; - - - -- $0.581 -- - - - -- $0.71'. 2" $0.31 - $0.44 - $0.58 - $0.71 3" --- _ $0.31 - - -- - - -$0 44 (- - - -- -- - $0.58 - -- - -$0.71 4" $031, $0.44 $058, $0 71 Industrial West of i Sepulveda 5/8" x 3/4" $0.31 ; $0 44 $0.58' $0.71 1.. - -- - - - - - -- $031' -� -- $0.44!-- - - - - -- -$058 � $0.71 1 -1/2" $0.31 -- - -- -- -- - - -- -- - - 2" -- $0 31 - - - -- -- -- - - - -- ---- - - - - $0.44 -- - -- -- - -- -- $0.58, - -- - - -- - - -- $0711 - - - - -- 3 - -- - - - $031 - - -- ------ - - - - -- -- - - -_' -- 4" $0.31 $0.44: $0.58 $0 71' Institutional - -- - - -- - - - - - -- - - - - -- -- - - - - ,5/8" x 3/4" - - - - -- $0 26! - - $0.38 - -- - - $0.50 $0 62' V. $0 26 $0.38 $0.50 $0.62' - 1-1/2" - - - -- - -- $0.26 - -- - -- $0.38 - - - - -� $0 50 I- - - -- - - --- - - - --- $0621 2" $0.26 j $0 38', $050, -$0.62' 3 " $0.26 �- -- -- -$0.38 -� $0 50 ; -- - - - $0621 4" $0 26 $0.38 6" $0.261 $0.38, $0 50 $0.62 Refinery - - - - -- - -- - -- - - - - -- - -- -- - - - -- -- - -- - - - -- -- Page 10 of 11 October 2006 City of El Segundo Schedule of Proposed Service Charge Increases Continued 518" x 3/4" $0.31 $0.44 ! $058, $0 71 $0.31 -- $044 -- $058 $0.71 1-1/2" $0.31 $0.441 - $0.58' $0.71 - - 2" - - - -- $0311 - -- ----- - - -- -- ---- $0.44, - - - - -- -- - $058 -- - $0 71 3" $0 71 - - - - -- -- - --- -- -------- - - - - -- -- Quantity Charges - - - -- - - - r Existing - -- - - - -- -- -- - - -- Proposed -- -- - - -- - - Proposed i Proposed Customer Type and Water Meter Size Quantity Quantity i 2006 -2007 2007 -2008 2008 -2009 i Quantity Charges i Quantity Charges Quantity Charges Commercial East of Sepulveda 5/8" x 3/4" $0.31 $0.44 $0.58 $0.71 -- -- 1" $0 31, -- - - -- 0- -- -- $.44, ---- ---$- - -- 0.58- , - - - - - -- $0.- 71 -- - -- -- 1 -1/2" - - -- - - $0.31 - - -- - - - -- - - - - - - -- -- $0.44 - - - -- -- - $058, - - - -- - - -- $0.71, - - - -- - -- - - 2" -- - - -- $0 31 - - -- - -- $0.44 - -- - - - - - -- $0.58, -- - - -- - -- - - - -- $0.71 3" $0.31 $0.44 $058, $0 71 -I ------ 4" .-- $0.31 - - - - -- -- - - - $0.44 - -- - -- - -- $0.58 - - - . - $0.71 6" $0 311 $0.44: $0.58 $0.71` Industrial East of Sepulveda - - -- 5/8" x 3/4" - - -- $0.31 ; - -- - - - $0.44 � - -- - - -- - $058 - - - -- - - $0.71 - -- -- - -- - -- 1 " - - -- $0.31 -- - - - - -- - $044 - - - - - -- - -- -- $0.58 - -- - -- -- - -- - $0.71 1-1/2" $0 31 $0.44 $0,58, -- $0.71 2„ -- - - $0.31 - -- $0.44' - - $0.58 - - -- - $071 3" 4" $0 31 $0.441 - - $0.58 - - - - - -- $0 71 6" $0.31 -- $044' - $0.58 - -- $0 71 Page 11 of 11 October 2006 �i� '!be l6we - -f 0 a ffe11. few, rt offim efereaf e+gWdflb4m admYrie►tLrls ArMM �c�mncvrvn, ORDINANCE NO. 137Wi1yCkd4C%y0 SegJodo AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5. The City Council of the City of El Segundo does ordain as follows: SECTION 1 The City Council finds and declares as follows A The City of El Segundo requires a reliable supply of water meeting current and anticipated water quality standards to protect the public general welfare, health and safety B The purpose of water rates and charges is to protect the public health, safety and general welfare by providing a reliable and adequate supply of water meeting current and anticipated water quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service C. There is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver water service to the residents and non - residential development of the City D The City Council has previously set water rates and established administrative procedures for billing and collecting water rates These actions are reflected, without limitation, in Resolution Nos 4018 (adopted 07- 01 -97), 3922 (adopted 06- 06 -95), 3856 (adopted 03- 01 -94), 3831 (adopted 09- 07 -93); and 3807 (adopted 03- 16 -93) E. This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 11 -1 -5 to establish the City's current water rates. F This Ordinance is exempt from review under the California Environmental Quality Act (Cal Pub Res Code §§ 21000, et seq ; "CEQA ") and CEQA regulations (Cal Code Regs. tit. 14, §§ 15000, et seq ) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials; meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas This Ordinance, therefore, is categorically exempt from further CEQA review under Cal Code Regs tit 14, § 15273 G. Notice regarding the water rates included in this ordinance was provided in accordance with Government Code § 54354 5 and a public hearing was held by the City Council on August 3, 2004 and continued to August 17, 2004 ONinance WaWRM011n.rce(R.V 07 2b 730 am) Page 1 of 3 .ii`t H The City Council has considered the evidence and testimony presented at the public hearing Based in part upon that evidence, and the staff reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance SECTION 2 AMOUNT OF RATES AND CHARGES Pursuant to ESMC § 11 -1- 5, the City Council establishes amount of water rates as set forth in attached Exhibit "A," which is incorporated by reference ( "Water Charges ") SECTION 3 COST ESTIMATES The City Manager, or designee, will periodically, but not less than annually, review the Water Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water service to the residents and non - residential developments within the City. If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance SECTION 4 To the extent that Resolution Nos. 4018 (adopted 07- 01 -97), 3922 adopted 06- 06 -95), 3856 (adopted 03- 01 -94), 3831 (adopted 09- 07 -93), and 3807 (adopted 03- 16 -93), and any other resolution or ordinance purporting to establish water rates or administrative procedures associated with such rates are incorporated into this Ordinance, they are repealed SECTION 5 Repeal of any provision of the El Segundo Municipal Code, or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 6 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 7 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 8 This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption ONmamaakWater Rate ONmarne(RerfiaJ W 20," 730 am) Page 2 of 3 . i:; PASSED AND ADOPTED this ATTEST: 7th September STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No 1376 was duly introduced by said City Council at a regular meeting held on the 17th day of August 2004, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of September 2004, and the same was so passed and adopted by the following vote: AYES McDowell, Gaines, Boulgarides, Busch, Jacobson NOES None ABSENT None ABSTAIN None Cindy Mytesen, City Clerk APPROVED A PTO ft Mark D Hens y, s, By i/ , , Karl H Berger,, C City Attorney OmmmM NVVMer Rate oNlnarma(RM,M072B 730,m) Page 3 of 3 -t1f; WATER RATE SCHEDULES EXHIBIT "A" A. Basic Monthly Readiness -To -Serve Charges: Meter Size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 5/8 "x3/4" and 3/4" 1 64 356 549 741 9 34 11 26 5/8 "x3/4" and 3/4" Lifeline 0 82 1 78 2 74 3 71 467 563 1" 1311 1449 1587 17 25 1864 2002 1" Lifeline 6 55 725 794 863 932 1001 1-1/2" 1801 1948 2094 2241 2387 2534 2" 2293 2735 31 77 3620 4062 4504 3" 3931 51 72 64 121 7653 88931 101 34 4" 1 60601 84 52 10843 13234 15625 18016 6" 11629 17411 231 92 28973 34755 40536 8" 16379 27516 38653 49790 60927 72064 10" 26206 43484 60763 78042 95321 1,12600 12" 37671 62566 87460 1,12355 1,37249 1,62144 16" 65517 1,10065 1,54613 1,991 61 2,437 08 2,88256 20" 1,01549 1,71319 2,41089 3,10859 3,80630 4,50400 The basic monthly readiness -to -serve charges are subject to additional adjustment if the local consumer price Index Increases by more than 3 0 percent in a fiscal year Additional charges for water consumed per month are For first 2,000 cubic feet or 56 cubic meters of water used: $1 2460 per 100 cubic feet or $0 4400 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used $1 3708 per 100 cubic feet or $0 4842 per cubic meter For next 5,000 cubic feet or 142 cubic meters of water used- $1 4393 per 100 cubic feet or $0.5082 per cubic meter Additional lifeline charges for water consumed per month are For first 500 cubic feet or 14 cubic meters of water used* $0 6231 per 100 cubic feet or $0.2200 per cubic meter For next 1,500 cubic feet or 42 cubic meters of water used $1 1924 per 100 cubic feet or $0 421 per cubic meter For next 3,000 cubic feet or 85 cubic meters of water used - $1 3708 per 100 cubic feet or $0 4842 per cubic meter For next 5,000 cubic feet or 142 cubic meters of water used $1 4393 per 100 cubic feet or $0 5082 per cubic meter For monthly consumption over 10,000 cubic feet or 283 cubic meters. $1 5082 per 100 feet or $0 5324 per cubic meter Potable water consumption charges will be Increased by the same percentage as the West Basin Municipal Water District increases its charges to the City For reclaimed water The rate charged by West Basin Municipal Water District, plus $0 3056 per 100 cubic feet or $0 1079 per cubic meter 1 1 B. Basic Bi- Monthly Readiness -To -Serve Charges: Meter Size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 5/8 "x3/4" and 3/4" 328 713 1097 1482 1867 22.52 5/8 "x3/4" and 3/4" Lifeline 1 64 356 549 741 934 1126 1" 2622 2898 31 74 3451 37 27 40 04 1" Lfeline 1311 1449 1587 1725 1864 2002 1 -1/2" 3603 3895 41 88 4481 4774 5067 2" 4586 5470 6355 7239 8124 9008 3" 7863 10344 128251 15306 17787 202681 4" 121211 16903 21685 26468 31250 36032 6" 23258 34821 46384 57947 69509 81072 8" 32758 55032 77306 99580 1,21854 1,44126 10" 52411 86969 1,21527 1,56084 1,90642 2,25200 12" 75342 1,251 31 1,74920 2,24710 2,74499 3,24288 16" 1,31035 2,201 30 3,09226 3,98321 4,87417 5,76512 20" 2,03097 3,42638 4,821 78 6,217191 7,612.59 9,008 00 The basic bi- monthly readiness -to -serve charges are subject to additional adjustment if the local consumer price Index Increases by more than 3 0 percent in a fiscal year. Additional charges for water consumed per two month period are For first 4,000 cubic feet or 112 cubic meters water used $1 2460 per 100 cubic feet or $0 4400 per cubic meter For next 6,000 cubic feet or 170 cubic meters of water used $1 3708 per 100 cubic feet or $0 4842 per cubic meter For next 10,000 cubic feet or 284 cubic meters of water used $14393 per 100 cubic feet or $0 5082 per cubic meter Additional lifeline charges for water consumed per two month are For first 1,000 cubic feet or 28 cubic meters of water used- $0 6231 per 100 cubic feet or $0 2200 per cubic meter For next 3,000 cubic feet or 85 cubic meters of water used $1 1924 per 100 cubic feet or $0 421 per cubic meter. For next 6,000 cubic feet or 85 cubic meters of water used $1 3708 per 100 cubic feet or $0 4842 per cubic meter For next 10,000 cubic feet or 142 cubic meters of water used $1 4393 per 100 cubic feet or $0 5082 per cubic meter For bi- monthly consumption over 20,000 cubic feet or 566 cubic meters: $1.5082 per 100 feet or $0.5324 per cubic meter Potable water consumption charges will be Increased by the same percentage as the West Basin Municipal Water District Increases Its charges to the City i i J RECLAIMED WATER The rate charged by West Basin Municipal Water District, plus $0 3056 per 100 cubic feet or $0.1079 per cubic meters Where two or more meters are installed in a battery or manifold the service connection size are used for computing the readiness -to -serve charge and the consumption charges are based on the combined total consumption indicated by all the readings of all meters in the battery or manifold C. Monthly Fire Service Charge: Meter Size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 2" 2351 2761 3171 3580 3990 4400 3" 3527 4141 4756 5371 5985 6600 4" 4704 5524 6343 71 62 7981 8800 6" 7054 8283 9513 10742 11971 13200 8" 9404 11043 12682 14322 15961 17600 10" 11767 13814 15860 17907 19953 22000 The monthly fire service charges are subject to additional adjustment if the local consumer price index increases by more than 3.0 percent in a fiscal year. D. Construction Water Rates Construction water rates are as follows 1. Water used on construction jobs are metered and the cost will be one and one - half times that set forth under the general rates cost; 2. Upon application for service, a charge of one hundred dollars ($100 00) will be made for the initial meter installation and an additional charge of seventy five dollars ($75 00) will be made for each meter relocation in fiscal year 2004 -2005. These charges will increased by the local consumer price index for each subsequent fiscal year, 3. A returnable deposit of three hundred fifty dollars ($350.00) for each meter must be made upon application for service, which deposit shall secure the payment to the City of any damage suffered and of charges fdr water served and which has not otherwise been paid E. Unmetered Water Rates: For water use through an unmetered City fire I 1. 0 hydrant, a charge will be made to cover the cost of the water used and other related expenses of the City Water System. The charge will be one hundred dollars ($100 00) for turning the hydrant on and off and for the first ten minutes of flow in fiscal year 2004- 2005. These charges will be increased by the local consumer price index for each subsequent fiscal year An additional charge of $3.05 will be made for each minute after the initial ten minutes in fiscal year 2004 -2005 Any use of water from afire hydrant other than by the City will be subject to the foregoing charge The additional charge will be increased in the subsequent fiscal years at the same rate that the West Basin Municipal Water District increases its potable water rates 1 1-0 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1376 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5. I, Cathy Domann, declare as follows That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City Council; that a copy of the document listed above for the meeting of September 7, 2004, was posted at the following conspicuous place, City Hall Front Window, on September 13, 2004, at 11:00 a.m I declare under the penalty of perjury that the foregoing is true and correct Executed on September 13, 2004 I =1 (Signature) The foregoing h2dMilliliffit b a fall. tros, and corned a W at the ad&d as 8b in thin Offloe: ORDINANCE NO. 1317 — City Clerk. City of Z 569MUM - AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3. The City Council of the City of El Segundo does ordain as follows SECTION 1. The City Council finds and declares as follows: A The City of El Segundo requires a reliable wastewater discharge system meeting current and anticipated water quality standards to protect the public general welfare, health and safety B The purpose of wastewater rates and charges is to protect the public health, safety and general welfare by providing a reliable and safe wastewater discharge system that meets current and anticipated wastewater quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service C. Based upon the record, there is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver wastewater service to the residents and non- residential development of the City D This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 12 -7 -3 to establish the City's current wastewater rates and charges E This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq., "CEQA ") and CEQA regulations (Cal Code Regs tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials, meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas This Ordinance, therefore, is categorically exempt from further CEQA review under Cal Code Regs Tit. 14, § 15273 F Notice regarding the wastewater rates included in this ordinance was provided in accordance with Government�Code § 54354 5 and a public hearing was held by the City Council on August 3, 2004 and continued to August 17, 2004 G The City Council has considered the evidence and testimony presented at the public hearing. Based in part upon that evidence, and ommaaCasWasiawmar Rat, ONNarc (Ramsed U] -2 N ]]o am) Page 1 of 3 ,, n 4 ( L. the agenda reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance SECTION 2 AMOUNT OF RATES AND CHARGES Pursuant to ESMC § 12 -7- 3, the City Council establishes amount of wastewater rates as set forth in attached Exhibit "A," which is incorporated by reference ("Wastewater Charges. ") SECTION 3 COST ESTIMATES The City Manager, or designee, will periodically, but not less than annually, review the Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed for wastewater discharge services to the residents and non - residential developments within the City If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance SECTION 4 Resolution No 3954 (adopted December 5, 1995) is superseded by this Ordinance and therefore repealed. SECTION 5 Repeal of any provision of the ESMC, or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 6 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 7 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 8 This Ordinance will take effect on the 31st day following its final passage and adoption ONmances \WUtexdler Rale ONmance (RmiseC 07 2 &Ol 7 30 am) Page 2 of 3 PASSED AND ADOPTED this 7th day of Kelly McDo% ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1377 was duly introduced by said City Council at a regular meeting held on the 17th day of August 2004, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of September 2004, and the same was so passed and adopted by the following vote: AYES McDowell, Gaines, Boulgarides and Busch NOES Jacobson ABSENT None ABSTAIN. None �,. /T c-*l �1.Yt� a'vw In) Cindy Mortesen, City Clerk APPROVED At TO` Mark D Hen'sle/a By 41",� "e / C-1� 41t-- '/1 H. Berger, A sistant City Attorney v ONinanms\W=t twRdteOAingn (Re is 072& 7 30ar) Page 3 of 3 WASTEWATER RATE SCHEDULES EXHIBIT "A"" A. Treatment Charge: Treatment Charges Customer Type and Water Meter Size Fiscal Year 2004 -2005 2005 -2006 006- 7- 2008 -2009 Single Family /Duplex 5/8" & 3/4" 529 661 794 926 10 58 Single Family /Duplex 1" 673 841 10 09 1177 1345 Single Family/Duplex 1 -1/2" 727 909 10 91 1273 1455 Single Family /Duplex 2" 772 965 11 58 1352 154 Single Family /Duplex Lifeline 479 598 7 18 838 958 Multi Family 5/8" and 3/4" 8741 1093 1311 15301 47 48 Multi Family 1" 1224 1531 18 37 2143 2449 Multi Family 1 -1/2" 1868 2335 28 02 3269 3735 Mulb Family 2" 4189 5237 62 64 7331 8379 Mulh Family 3" 14240 17805 21360 24920 28480 Multi Family 4" 19594 24493 293 91 34290 39188. Commercial West of Sepulveda 518" and 314" 624 780 9 36 1092 1248 1" 1557, 1947 2.336 2726. 3115 1 -1/2" 2868 3585 4302 5019 5736 2" 7560 9450 11341 13231 15121 3" 14013 17516 21020 24523 28025 4" 59878 74847 89817, 1,04786 1,197 56 Industrial West of Sepulveda 5/8" and 3/4" 517 647 776 906 1035 1" 700 875 1050 1225 1399 1 -1/2" 2021, 2526 3031 3537, 4042 2" 61 69 7712 9254 10797 12339 3" 15466 19332 231 98 27065 30931 4" 21973 27466 32959 38452 439 45 Institutional 5/8" and 3/4" 489 611 733 856 978 1" 774 968 1162 1355 1549 1 -1/2" 11 79 1473 1768 2062 2357 2" 1787 2234 2680. 31 27 3574 3" 4431 5539 6647 7755 8863 4" 5248 6560 7872 91 a4 104 95 6" 25346 31682 38019 44355 50692 Chevron 5/8" and 3/4" 329 412 494 576 658 1" 470 587 704 822 939 1 -1/2" 6243 801 7 9365 10926 17487 2" 3974 i 496 79 596 15 695 51 794117 3" 400001 50000 600501 700 00 80000 B. Wastewater Service Charge: Wastewater Service Charges Customer Type and Water Meter Size Fiscal Year 2004- 2005 2005- 2006 2006- 2007 2007 - 2008 2008- 2009 Residential Single Family/Duplex 5/8" 8 3/4" 1 35 213 292 371 4 49 Single Family /Duplex l" 162 256 350 445 539 Single Family/Duplex 1-1/2" 175 277 380 482 584 Single Family/Duplex 2" 189 299 409 519 6 29 Single Family /Duplex Lifeline 108 171 234 296 359 Multi Family 5/8" and 3/4" 216 341 467 593, 719 Multi Family l" 3031 480 657 834 1011 Multi Family 1-1/2" 458 725 993 1260 1527 Multi Family 2" 1011 1600 2190 2780 3369 Multi Family 3" 3504 5548 7592 9636 11680 Multi Family 4" 4717 7468 10220 12971 15723 Commercial West of Sepulveda 5/8" and 314" 148 235 321 408 494 1" 384 608 832 1056 1280 674 1067 1460 1853 2246 2" 1752 2774 3796 48 18 58401 3" 37731 5975 81 76 10377 12578 4" 14150 22405 30659 389 14 47168 Industrial West of Sepulveda 5/8" and 3/4" 135 213 292 371 449 1" 162 256 350 445 539 1 -112" 499 790 1080 1371 1662 2" 1482 2347 3212 4077 4941 3" 3773 5975 81 78 10377 12578 4" 5391 85351 11680 14824 17969 Institutional 518" and 3/4" 136 213 292 371 449 1" 189 299 409 519 6 F9 1-112" 283 448 613 778 943 2" 404 640 876 11 12 1348 3" 1078 1707 2336 2905 3594 4" 1348 21 34 2920 3706 44 92 6" 6064 9602 131 40 16677 20215 Chevron 5/8" and 3/4" 1 35 213 292 371 449 1" 162 256 350 445 539 1 -1/2" 1348 2134 2920 3706 4492 2" 9434 14937 20439 25942 31445 3" 10781 17070 23359 29648 35937 Commercial East of Sepulveda 5/8" and 3/4" 1 35 213 292 371 449 1" 148 235 321 408 494 1-1/2" 943 1494 2044 2594 3145 2" 2695 4268 5840 7412 89 84 3" 3773 59751 81 78 103 77 12578 4" 6064 9602 131 40 166771 202151 6" 15498 24539 33579 42620 51660 Industrial East of Sepulveda 5/8" and 314" 148 235 321 408 494 1" 371 587 803 1019 1235 1 -112" 674 1067 1460 1853 2246 2" 1482 2347 3212 4077 4941 3" 6064 9602 131 40 16677 20215 4" 94 34 14937 20439 25942 31445 6" 256 05 405 42 55479 70415 853 52 n C. Quantity Charge: Quantity Charges Customer Type and Water Meter Slae Fiscal Year 2004 2005 2005- 2006 2006- 2007 2007- 2008 2008 - 2009 Residential Single Family/Duplex 5/8' & 3/4' 012 022 031 041 050 Ingle Family/Duplex 1' 012 022 031 041 050 Family/Duplex 1 -12' 012 022 031 041 050 —Single Family/Duplex 2' 012 022 031 041 050 —Single Sin le Famliv/Duclax Lifeline 012 022 031 041 050 Muld Fame 5/8" and 3/4' 015 026 038 0501 0621 Multi Family 1" 015 026 038 050 062 Mule Family 1 -1/2' 015 026 038 055 062 Mule Family 2" 015 026 038 050 062 Multi Family 3" 0151 0261 038 050 062 Mule Family 4' 0151 0261 038 050 062 Commemial West of Se ulveda 5/8" and 3/4" 017 031 044 058 071 1' 017 031 044 058 071 1 -1/2' 017 031 044 058 071 T 017 031 044 0581 071 3' 017 031 044 058 071 4' 017 031 044 058 071 Industnal West of Sepulveda 518 "and 3/4" 017 031 044 056 071 1. 017 031 044 058 071 1 -12" 0171 0311 044 058 071 2" 017 031 044 058 071 3" 017 031 044 058 071 Al' 017 031 044 058 071 Insstutional 5/8" and 314" 0 15 026 038 050 062 1' 015 026 038 050 062 1 -1/2" 015 026 038 050 062 2' 015 026 038 050 062 3' 015 026 038 050 062 4- 0 151 0 261 038 050 062 6" 0151 0261 038 050 0 62 Chevmn 5/8" and 3/4" 017 0311 044 058 071 1" 017 0311 044 058 071 1 -10 017 031 044 058 071 2" 017 031 044 058 071 3" 017 031 044 058 071 Commercial East of Sepulveda 5/8" and 314' 017 031 044 058 071 1" 017 031 044 058 071 1-1/2" 017 031 044 058 071 2" 017 031 044 058 071 3" 017 031 044 058 071 4" 017 031 044 058 071 6" 017 031 044 058 071 Industrial East of Sepulveda 5115m and 3/4" 017 031 044 058 071 1" 017 031 044 058 071 1 -11T 017 031 0" 058 071 2" 017 031 044 058 071 3" 017 031 044 058 071 4' 017 031 044 058 071 6" 017 031 044 058 071 M ry � � Y D. Annual Quality Surcharge Fee. This fee is applicable to all customers with industrial waste permits It is determined pursuant to the following formula C = V [a (SS -250) + b (BOD - 180)] k Where "C" is the quality surcharge fee, N" is the average daily volume of wastewater discharged in gallons, based on (1) the volume of water supplied to the premises less an amount determined by the Public Works Director to account for water not discharged into the sanitary sewer system, or (2) the metered volume of wastewater discharged into the sanitary sewer system according to a measuring device approved by the Public Works Director, or (3) a figure determined by the Public Works Director based on any other equitable method, "SS" is the suspended solids in the waste discharged, expressed in milligrams per liter "BOD" is the five day biochemical oxygen demand of the waste discharged, expressed in milligrams per liter. "a" is the cost assessed for each pound of suspended solids It is established at 0 29 It will be adjusted annually by the local consumer price index. "b" is the cost assessed for each pound of biochemical oxygen demand. It is established at 0 11 It will be adjusted annually by the local consumer price index. "k" is a dimensional constant to convert C to dollars, currently 0 003044 If the term containing SS or BOD is negative, a value of zero is used for that term Suspended solids and BOD analyses are required to be made in accordance with "Standard Methods." In determining the Annual Quality Surcharge Fee, the Public Works Director may use industrial averages for SS and BOD values The Public Works Director may group permit holders into discharge volume ranges Where volume measurement at the premises of a permit holder is impractical for physical, economic or other reasons, these volume ranges may be used in establishing the quality surcharge fee i �v' CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1377 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3. I, Cathy Domann, declare as follows: That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City Council, that a copy of the document listed above for the meeting of September 7, 2004, was posted at the following conspicuous place, City Hall Front Window, on September 13, 2004, at 11 00 a m. I declare under the penalty of pegury that the foregoing is true and correct. Executed on September 13, 2004 (Signatur� r � t� EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 2006 AGENDA ITEM STATEMENT AGENDA HEADING. Reports — Councilmember Jim Boulgandes AGENDA DESCRIPTION, Consideration and possible action regarding the City's position on Proposition 84, a voter initiated bond measure appearing on the November 2006 General Election ballot to raise funds for clean water, parks and coastal protection RECOMMENDED COUNCIL ACTION: 1) Approve resolution supporting the passage of Proposition 84 on the November 2006 ballot, 2) Alternatively, discuss and take other action related to this Item, BACKGROUND & DISCUSSION• A bond measure to raise funds through the issuance of general obligation bonds for clean water, parks and coastal protection has been placed on the ballot through the initiative process A coalition of business, public health, local government and environmental organizations collected sufficient signatures to qualify this measure for the Secretary of State to place Proposition 84 on the November 2006 ballot for voter consideration Proposition 84 will allow the state to sell $5 4 billion In general obligation bonds for Improving natural resources and water programs Including state projects and grants for flood control, safe drinking water, Improving water quality, flood control, natural resource protection, Integrated water management, water planning, and park Improvements ATTACHED SUPPORTING DOCUMENTS. 1) Resolution of City Council support for Proposition 84 2) Secretary of State Proposition 84 Packet containing Attorney General's Official Title and Summary, Analysis by Legislative Analyst, Arguments In Favor and Against Proposition, and Text of Proposition FISCAL IMPACT: N/A Operating Budget. Amount Requested: Account Number: Project Phase. Appropriation Required: —Yes _ No ORIGINATED BY' DATE: Councilmem Igarides REVIEWS 1 Y: DATE. 1 J Q 14 RESOLUTION NO. A RESOLUTION SUPPORTING STATEWIDE BALLOT INITIATIVE PROPOSITION 84 ON THE NOVEMBER 2006 BALLOT The City Council resolves as follows Section 1 The City Council finds and declares as follows A The State of California operates a variety of programs to conserve natural resources, protect the environment, provide flood control, and offer recreational opportunities for the public, as well as, plans for future water supplies, flood control, and other water - related requirements of a growing population, and B The City of El Segundo is responsible for preserving the environmental, economic and social well -being of the residents and businesses by protecting drinking water quality, protecting the coastline by preventing toxic pollution from storm drains from contaminating coastal waters and endangering public health, and by providing for safe park and community conservation, and C A bond measure titled Proposition 84 to raise funds for clean water, parks and coastal protection has been placed on the November 2006 ballot through the initiative process by a coalition of business, public health, local government and environmental organizations, and D Proposition 84 will allow the state to sell $5 4 billion in general obligation bonds for improving natural resources and water programs including state projects and grants for flood control, safe drinking water, improving water quality, flood control, natural resource protection, integrated water management, water planning, and park improvements Section 2 The City Council of the City of El Segundo expresses its support for Proposition 84, which would allow voters to decide whether the state should sell $5 4 billion in general obligation bonds to raise funds for clean water, parks and coastal protection Section 3 The City Clerk is directed to send a copy of this Resolution to the Executive Director of the League of California Cities 1 ij� Section 4 The City Clerk will certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of the City, and shall make a record of proceedings of the City Council in the Minutes of the Meeting at which same is passed and adopted Section 5 This Resolution will take effect immediately upon adoption PASSED AND ADOPTED this 3rd day of October, 2006 Kelly McDowell, Mayor City of El Segundo ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing 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 3rd day of October 2006, and the same was so passed and adopted by the following vote AYES. NOES. ABSENT ABSTAIN- Cindy Mortesen, City Clerk 2 i PROPOSITION WATERC`UALITY, SAFETY AND SUPPLY. FLOOD CONTROL NATURAL RESOURCE PROTECTION. 84 PARK IMPROVEMENTS BONDS. INITIATIVE STATUTE OFFICIAL TITLE AND SUMMARY * it * Prepared by the Attorney General WATER QUALITY, SAFETY AND SUPPLY. FLOOD CONTROL. NATURAL RESOURCE PROTECTION. PARK IMPROVEMENTS. BONDS. INITIATIVE STATUTE. Funds projects relating to safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts Provides funding for emergency drinking water, and exempts such expenditures from public contract and procurement requirements to ensure immediate action for public safety Authorizes $5,388,000,000 in general obligation bonds to fund projects and expenditures, to be repaid from the state's General Fund Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • State cost of about $10 5 billion over 30 years to pay off both the principal ($5 4 billion) and interest ($5 1 billion) costs on the bonds Payments of about $350 million per year • Reduction in local property tax revenues of several million dollars annually • Unknown costs, potentially tens of millions of dollars per year, to state and local governments to operate or maintain properties or projects acquired or developed with these bond funds 48 1 Title and Summary * * * i J J WATERC`UALITY, SAFETYAND SUPPLY PROP FLOOD CONTROL NATURAL RESOURCE PROTECTION 84 PARK IMPROVEMENTS BONDS INITIATIVE STATUTE * * * ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND State Spending on Resources Programs. The state operates a variety of programs to conserve natural resources, protect the environment, provide flood control, and offer recreational opportunities for the public The state also operates a program to plan for future water supplies, flood control, and other water - related requirements of a growing population In addition to direct state expenditures, the state also provides grants and loans to local governments and nonprofit organizations for similar purposes These programs support a variety of specific purposes, including • Natural Resource Conservation. The state has provided funds to purchase, protect, and improve natural areas — including wilderness and open - space areas, wildlife habitat, coastal wetlands, forests, and rivers, lakes, streams, and their watersheds, • Safe Drinking Water. The state has made loans and grants to public water systems for facility improvements to meet state and federal safe drinking water standards • Flood Control. The state has funded the construction and repair of flood control projects in the state Central Valley flood control system The state has also provided financial assistance to local agencies for local flood control projects in the Sacramento -San Joaquin River Delta and in other areas outside the Central Valley • Other Water Quality and Water Supply Projects. The state has made available funds for various other projects throughout the state that improve water quality and/or the reliability of water supplies For example, the state has provided loans and grants to local agencies for the construction and implementation of wastewater treatment, water conservation, and water pollution reduction projects For tent of Propoution 84 see page 138 • State and Local Parks. The state operates the state park system and has provided funds to local governments for the acquisition, maintenance, and operation of local and regional parks Funding for Resources Programs. Funding for these various programs has traditionally come from General Fund revenues, federal funds, and general obligation bonds Since 1996, voters have authorized approximately $11 billion in general obligation bonds for various resources purposes Of this amount, approximately $1.4 billion is projected to remain available for new projects as of June 30, 2006, primarily for water - related purposes Legislation enacted earlier this year provides $500 million from the General Fund for emergency levee repairs and other flood control - related expenditures PROPOSAL This initiative allows the state to sell $5 4 billion in general obligation bonds for safe drinking water, water quality, and water supply, flood control, natural resource protection, and park improvements (See An Overview of State Bond Debt' on page 96 for basic information on state general obligation bonds ) Figure 1 (see next page) summarizes the purposes for which the bond money would be available for expenditure by various state agencies and for loans and grants, primarily to local agencies and nonprofit organizations In order to spend most of these bond funds, the measure requires the Legislature to appropriate them in the annual budget act or other legislation FISCAL EFFECTS Bond Costs. The cost of these bonds would depend on interest rates in effect at the time they * * * Analysis 149 t34 PROP WATERQUALITY, SAFETYAND SUPPLY 84 FLOOD CONTROL NATURAL RESOURCE PROTECTION PARK IMPROVEMENTS BONDS INITIATIVE STATUTE ANALYSIS BY THE LEGISLATIVE ANALYST (CONTINUED) FIGURE 1 Amount (In Millions) Water Quality $1,525 • Integrated regional water management 1,000 • Safe drinking water 380 • Delta and agriculture water quality 145 Protection of Rivers, Lakes, and Streams $928 • Regional conservancies 279 • Other projects— public access, river parkways, urban stream restoration, 189 California Conservation Corps 90 • Delta and coastal fisheries restoration 180 • Restoration of the San Joaquin River 100 • Restoration projects related to the Colorado River 90 • Stormwater pollution prevention 90 Flood Control $800 • State flood control projects — evaluation, system improvements, flood corridor program 315 • Flood control projects In the Delta 275 • Local flood control subventions (outside the Central Valley flood control system) 180 • Floodplain mapping and assistance for local land use planning 30 Sustainable Communities and Climate Change Reduction $580 • Local and regional parks 400 • Urban water and energy conservation projects 90 • Incentives for conservation in local planning 90 Protection of Beaches, Bays, and Coastal Waters $540 • Protection of various coastal areas and watersheds 360 • Clean Beaches Program 90 • California Ocean Protection Trust Fund — marine resources, sustainable fisheries, and 90 marine wildlife conservation Parks and Natural Education Facilities $500 • State park system — acquisition, development, and restoration 400 • Nature education and research facilities 100 Forest and Wildlife Conservation $450 • Wildlife habitat protection 225 • Forest conservation 180 • Protection of ranches, farms, and oak woodlands 45 Statewide Water Planning $65 • Planning for future water needs, water conveyance systems, and flood control projects 65 50 1 Analysis �:3;5 WATERQUALITY, SAFETYAND SUPPLY PROP FLOOD CONTROL NATURAL RESOURCE PROTECTION 84 PARK IMPROVEMENTS BONDS INITIATIVE STATUTE * * * ANALYSIS BY THE LEGISLATIVE ANALYST (CONTINUED) are sold and the time period over which they are repaid The state would likely make principal and interest payments from the state's General Fund over a period of about 30 years If the bonds were sold at an average interest rate of 5 percent, the cost would be about $10 5 billion to pay off both the principal ($5 4 billion) and interest ($5 1 billion) The average payment would be about $350 million per year Property Tax- Related Impacts. The initiative provides funds for land acquisition by governments and nonprofit organizations for various purposes Under state law, property owned by government entities and by nonprofit organizations (under specified conditions) is exempt from property For levt of Ptopoviaon 84 see page 138 taxation To the extent that this initiative results in property being exempted from taxation due to acquisitions by governments and nonprofit organizations, local governments would receive reduced property tax revenues We estimate these reduced property tax revenues would be several million dollars annually Operational Costs. State and local governments may incur additional costs to operate or maintain the properties or projects, such as new park facilities, that are purchased or developed with these bond funds The amount of these potential additional costs is unknown, but could be tens of millions of dollars per year * * *Analysis 151 PROP WATER()_UALITY, SAFETY AND SUPPLY FLOOD CONTROL NATURAL RESOURCE PROTECTION 84 PARK IMPROVEMENTS BONDS INITIATIVE STATUTE * * * PROP 84 PROTECTS CALIFORNIA'S WATER, LAND, AND COASTLINE California is growing rapidly, putting new pressure each year on our water resources, land, coast, and ocean Prop 84 protects these vital natural resources, which are essential to our health, our economy, and our quality of life YES on 84 PROTECTS DRINKING WATER QUALITY The water we drink and use to grow our food is vulnerable to contamination Prop 84 will • Remove dangerous chemicals from our water supply • Prevent future groundwater contamination • Prevent toxic runoff from flowing into our water Prop 84 is essential to assure our communities CLEAN, SAFE DRINKING WATER Last year, there were more than 1,200 beach closing or advisory days in California Prop 84 will help prevent toxic pollution from storm drains from contaminating coastal waters and endangering public health YES on 84 ASSURES A RELIABLE WATER SUPPLY Prop 84 will increase the reliability of California's water supply, through conservation and other programs Every region in the state will benefit from this measure, while being given local control over specific projects to improve local water supply and water quality YES on 84 PROTECTS OUR COASTLINE AND CALIFORNIA'S NATURAL BEAUTY The measure will help clean and safeguard the ocean and beaches all along California's coastline, including the San Diego, Santa Monica, Monterey, and San Francisco Bays It will also provide for safe neighborhood parks and protect the rivers and lakes in which we swim and fish YES on 84 PROTECTS AGAINST FLOODING An earthquake or a series of major storms could damage our state's levees, causing dangerous flooding and potentially leaving up to 23 million Californians without safe drinking water PROPOSITION 84 CANNOT DELIVER ON ITS PROMISES It will not benefit everyone, but everyone will pay for it through higher taxes or budget cuts for education, law enforcement, and health services NO on 84 PROTECTS THE PUBLIC TREASURY Prop 84 gives state bureaucrats the power to spend your money without effective oversight This proposal eliminates protections against corruption and favoritism in current law and it bypasses our competitive bidding system It prevents audits by the State Controller, the State Auditor, and even the Legislative Analyst It exempts itself from the Administrative Procedures Act Ask yourself why the proponents fear routine audits NO on 84 SENDS SACRAMENTO THE RIGHT MESSAGE WE NEED A RELIABLE WATER SUPPLY This water bond does not contain ANY funds for new reservoirs, aqueducts, or water storage I The water diversions mandated by this bond will actually take away drinking water from current sources NO on 84 PROTECTS YOU FROM SPECIAL INTERESTS Efforts are underway to address this urgent threat to public safety and our water supply, but much more needs to be done Flood control experts agree that Prop 84 is an important step forward and complements ongoing efforts to improve flood control in California YES on PROP 84 PROTECTS CALIFORNIA'S ECONOMY Clean beaches, rivers, and lakes are crucial to tourism, which contributes more than $88 billion to the state economy each year and directly supports more than 900,000 jobs An adequate supply of clean, safe water is also needed for California's farms and cities Prop 84 protects the water that our economy needs to thrive YES on 84 WILL NOT RAISE TAXES —AND INCLUDES TOUGH FiSCAL SAFEGUARDS Prop 84 • Is funded entirely from existing revenues and will not raise taxes • Will bring federal matching funds into California • Includes strict accountability provisions, including yearly independent audits and a citizen's oversight committee PLEASE JOIN US IN VOTING YES on 84 Conservation groups, business organizations, and water districts across California support Prop 84 For more information about the measure, please visit www CleanWater2006 com Your YES vote will help protect our health, economy, and quality of life now and in the years to come PROTECT CALIFORNIA'S DRINKING WATER, LAND, COAST, AND OCEAN Vote YES on 84 MARK BURGET, Executive Director The Nature Conservancy LARRY WILSON, Chair Board of Directors, Santa Clara Valley Water District E. RICHARD BROWN, Ph.D., Professor, School of Public Health, University of California, Los Angeles Bond funds can be awarded to the same private organizations that placed this initiative on the ballot, campaigned for it, and bought advertising to promote it This is a perversion of the initiative process NO on 84 SAVES MONEY FOR REAL FLOOD CONTROL Flood control is vital, but less than 15% of bond funds are dedicated to that purpose —and that money could be chewed up for studies, environmental planning, environmental mitigation, and bureaucratic administration If bureaucratic reports could stop flooding, we'd no longer have a problem PLEASE JOIN US IN VOTING NO on 84 BILL LEONARD, Member California State Board of Equalization RON NEHRING, Senior Consultant Americans for Tax Reform LEWIS K. UHLER, President National Tax Limitation Committee 52 1 Arguments* * * Yumenb printed nn thn pag, ,, lh, np,mon, ,I the amhan and hoi a nor b,,,, J, A,d /m a,ovan h, aa, o /J�ual agen„ 1.S 1 WATER(),UALITY, SAFETY AND SUPPLY PROP FLOOD CONTROL NATURAL RESOURCE PROTECTION 84 * * *PARK IMPROVEMENTS BONDS INITIATIVE STATUTE This measure should have been titled the "Special-Interest- Hidden- Agenda Bond" because it was placed on the ballot by special interests who don't really want you to know where all your money is going to be squandered Every special interest that helped get this boondoggle on the ballot will get a share of the taxpayers' money, but ordinary taxpayers will get nothing from this bond but higher taxes for the next three decades This so- called "water bond" has no funding for dams or water storage' The authors set aside billions for bureaucratic studies, unnecessary protections for rats and weeds, and other frivolous projects, but they couldn't find a single penny to build freshwater storage for our state's growing population You have to read the text to believe it Only a very small portion of the funds from this enormous bond would be available for repair and maintenance of our levees, but Proposition I was placed on the ballot by the Legislature to provide $4,090,000,000 for these same levees Common sense dictates that we should wait to see how that money is spent before we authorize another $5,388,000,000 in new spending It would be foolish to lock permanent spending formulas in place, as this initiative seeks to do, when we have no idea what our future needs will be once the funds from Proposition 1 E are spent This bond represents a huge tax increase The proponents seem eager to avoid this unpleasant fact, but voters need to understand that bond repayment takes priority over all The opponent's argument is simply wrong Proposition 84 provides clean water and protects our coast without raising taxes It is supported by a broad, bipartisan coalition of public interest and business groups including the League of Women Voters of California, Los Angeles Area Chamber of Commerce, and The Nature Conservancy Here are the facts • Prop 84 funds crucial projects needed to assure reliable supplies of clean, safe drinking water • Prop 84 protects all of California's waters our rivers, lakes, streams, beaches, and bays • Prop 84 includes strict financial accountability, including a citizen oversight committee, annual independent audits, and full public disclosure • Prop 84 protects our families from toxic pollution, floods, and other hazards through critical public safety projects not funded by other measures YES on 84 BENEFITS ALL CALIFORNIANS Prop 84 funds local priorities to improve water quality and supply in every region of the state YES on 84 SUPPORTED BY CALIFORNIA'S LOCAL WATER DISTRICTS other government spending Once issued, bonds cannot be cancelled, repudiated, or discharged in bankruptcy, they can only be repaid with tax revenues Our state already has a $7 billion budget deficit, and there is no way to pay for this gigantic bond without higher taxes Local projects should be funded at the local level This statewide bond is designed to force people in one part of the state to pay for local projects on the other side of the state Why should people in Redding pay for urban parks in San Diego9 Why tax people in Los Angeles to pay for beetle habitat restoration in Sutter County9 This is poor tax policy, and it was clearly designed to benefit the special interests that put this measure on the ballot We should expect local communities to fund their own local parks and improvements, statewide bonds should be reserved for state parks, colleges, and other capital projects that benefit the whole state What is worse, this bond allows unelected, unaccountable state bureaucrats to spend billions of dollars, with little or no real public oversight Sacramento bureaucrats and special interests will love having a slush fund that they can spend without the need for public hearings and public votes in the Legislature —but we cannot allow that to happen Please join me in voting NO on Proposition 84 BILL LEONARD, Member California State Board of Equalization Proposition 84 is so important that water districts that provide drinking water to more than 23 million Californians all urge YES on 84 YES on 84 PROTECTS PUBLIC HEALTH Prop 84 removes dangerous contaminants from drinking water, cleans up toxic chemicals that contaminate the fish we eat, and keeps dangerous polluted runoff from flowing onto our beaches and into our coastal waters YES on 84 protects our land, water, and public health, for our families and for future generations Join local water districts, conservation organizations, business groups, and public health experts in voting YES on 84 ERICH PFUEHLER, California Director Clean Water Action JEFF KIGHTLINGER, General Manager Metropolitan Water District of Southern California KAITILIN GAFFNEY, Conservation Director The Ocean Conservancy A rgnmueh primed ont h„ pugmm enctopini on,ojrh,,ufho,,andhmcnofb,,nrh,, A, d Io,,o, wa„ bo on, of %cm[ag,n,, ** *Arguments 1553 iJs TEXT OF PROPOSED LAWS or she shall be unconditional) SEC 30 Y released and uncondih amended to read Section 6608 of the orally discharged Welfare and Institutions ih) Iffheco 6608 (a) Notion Code is forensic CO dumnaltdnlesthepehtionto 1 IS been committed ya a In this article shall dischar a release pro ram pace thePerson man court for conddmnal releaseexuall prohibit the Person who Year hoe elan denied, the g °r if the aPProprtate In predator from person may not file a newfion for unconditional Without the recom petitioning the elapsed from the date a h Health If a recommendation or °ran uncondmonaldischar e r (i) Ina° of �e denial pp ono until one concurrence yhear, n Without t Person has previousl of the Director of g he burden ofproofb g authorized by this section, the III concurrence of the dm bled a petition for conditional Mental Yapreponderan Petitioner shall U review of actor and t release (j) If the petition for c of the evidence have frmolous or that the Portion or follow the court determined of the treatment facility ondittanal release is not ma he or she miffed g a hearing, that the either the pehhon sh Y to which the would not be a Person's condition Petition was all be taken b Person is de by the director or she will en danger to others m had not so changed that recommendation Of Y the COUrt without fir�mtnt I no gage m sexuall that it is he director of s alit actionen supervision and rtes y vi °lent not likely that he (k) Time the treatment f g the written the sub ae t"m in the coin c murall behavior ifplaced u Sections Spent amh hall not c a conditional release r ty find that the ct petition unless rt contains fact, q en the court shall deny unless the ount tow P ogram condition Person's confined n s to arm of commnme Pursuant to this hearing was of the committed pop , a court could program," O r n which fact ht Tit under this article a coin warranted Upon tell of first had so char that toward t� i case the time ek y by the condition committed without the concur�encee of Or subsequent petition om SEC 31 term ofcCo Commoners spent in a locked factht, coallrel ase endeavor whenever 9uent based upon fnvolou Possible to review the director, the court shall It is tha Intent Intent Clause hearing The grounds and, if so Petition and defermmets a ill measure t Ofthe dischar a Person Petition, Shall deny the stren t People of the State of B under this Shoji siOO shall b dmonaI release pehhon without a offenders It is g hen and Improve the laws that California in enacting (b) The co eentided to assistance nofndrtton7 If any also the mtentoffhep Puntshand thts designated bit shall give notice y provision In [his act c eople of the State of control sexual g ed rn subdivision °f the hearm counsel provides for a Penal onflluts with any other California that east 15 (i) of Section g date to the alto provision greater e y orlon provision (east lSy for the committed person, and the ;recto the or appointed may shall, ly get period of Or of law that court 0 car before ( hehearin d Director of Health prisonme Mental EC 3Z Severabiht Tit the latter lc) No h R at Heath et Y Clause IS committed A ring upon the petition shall )fait, provision oft his act, or facile been under be held until the mial'd orunconshmhonl Part there y designated h Commitment for Person who but shall a, the remain), °f Is for any reason held to be Year from t Y the Director of confine remain m f g provisions 'hall he date of the Menial Heap rent and care m a this act are ul� force and e d not order of commitment for not less than one severable ffect, and to this en be affected, I commidtted he court, ha0 hold a hearing SEC 33 provisions of would be a an g to determine w The Amendment Clause Is hkely That he or s ae nosed r to the health a>� same bother the person lourna] b provisions of th each hoe Y the Le due to dl ngage in sexuall v y of others i except Y a statute is act shall not be amended b IS or her dig n that d passed in m the co mntal disorder if criminal behavior statute that becomes of the Se by rollcall v gislature the co mmumty If the under supervision an becomes membership Of each ho ote entered in the mmnted Person would not be court at the h g determi d the Le islature ma effective only when approved use concur m Or by a diagnosed mental di eat1n rtes that of their while Under t° Others due to his or PPhcahoayaamend the provisions If this an to expand community the court her herein b However, appropriate forensic shall order the c Pervision and h'eatm Y a statute increase the punishments or pand the scope Condit wnal release ommitted ant m the Passed by maloru Penalties one year A substantial Pro r person placed with Y Bole of Provided release Per gam operated b an each house thereof Program shall Include Out the state- Operated forensic th° state for PROPOSITI court shall retain utpahent ondihon POSITION ,84 onehon Supervision and treat the This mihahve ! V 84 Program Atthe end crone Year, of the person throughout the rent The the provisions of measure Is submitted to the person should be U the court shall hold a h course of Arhele ll, Section peo le m accords basis that, by reason ncondmonliy released caring to determine This initiative 8, ofthe, California constitution with danger to th of a diagnosed m from comrmm�t o therefore, new measure adds sections to the stitut e health and sa ental disorder, n the provisions ion will engage m sexually fety of others In that t is he or she is not a Indicate that the PrOPosed to ti wide Public Resources Code, this deterrm UDIJJ violent crtmmof behavior The that be or she PROP SED are new dare pnntedm nation unfll the The court irate' rYPe to state- operated forensic con person has at least �eell not O LA the Dmeclor F drtmn i r completed make O Mental Health a release program The court shall notify y (e) Before Of the hearing date SECTION I Division conditional r Placing a committed to read 43 is added to by the State else program, the Community in a state- operated the Pubhe Resources Code, recommendation Department of MentaluHea7Program dnector des grated 43 to the DL77SLON TyES,4FEORIN program is i court Biotin shall submit AND SU Host appropriate for supervising which forensic c a written PPLy, FLOOD x�` G WATER W person if the court does pervisin onditional release CONTR ATER QLRLLTY treat Crder on dahon notcc gaudityp1n the PROTECTION BOND ACT PER AND C0,4ST4Z order on the •the court 'hot' the °°mmumty Pro r Committed OF2006 record The Speed the r B am director's mdusive, of theP Procedures d MHO° or reasons for CH-4PTER 1 conditional releaseael Code ,hallo ascribed m Sections 16051 its GENERRLP Program app 1, the person o 1610, 75007 ROVISI (f) If f placed m the forensm vision NS a state-0 he court determines that the Person nsie ditto p Sons bet Coastal °Cot ° r ( ?U )ball be known and �d be cued os the Sa /e Program Posted in con should CO al Pr r and S Placement dnector, or his or her Hal release program, t ransferced to 75002 of2006 Control Raver arran designee, shalt he contmu"'y drink Thepeo Ze lCalifornra and court's find gements an make t necessary stales P ° With the [reatmethe Pets d sun shall be Placed days after receiving not the states economo, andrand water resourc s 1, Vital to) he Protecnnglhe Tito pervasion in the mmumt t� of 75002 the a onmenJ Pubbc h is Presented to the court plan unless Y m accordance stale 5 Tke health, the Good Cause for not doing so s waters PeoPlbl %C (gi If the court rules against the Poll ised run ersondn out release from the e I, Cif Person on out coat COmnuhed person at the 4aa1 en g opal l h4magI °m eatq tr $et °uarba� i. safe or, k re vulnerable runoff 1 °tic c an sO s Tn1e 15 (commencing whth Sechco dance wet ath2o�heaP the Committed beaches, bays Urns too prnreet CalsuPPly jwaterlu)a�m a4eu to on lance with durethe Commi be hey. as 38 �� al Code oastal ware,, for tdcn a orn'a's rivers' lopes. strea>RS, Of Pf0 75003 The people _)(Col. ndjuture A038d �W3 * rma Seneranans * * further find and it""', that rr is i V 9 tPanPCMTI0N 84 CONTINUED) necessary and in the public interest to do all of the following (a) Ensure that safe drinking water is available to all Californians by (I) Providing for emergency assistance to communities with confommated sources ofdrinkmg water (2) Assisting small communities in making the improvements needed in their water systems to clean up and protect their drinking water from contamination (3) Providing grants and loans for safe drinking water and water pollution prevention projects (4) Protecting the water qualav of the Sacramento -San Joaquin Delta, a key source ofdrtnkmg water for 23 million Californians (5) Assisting each region of the state in improving local water supply reliability and water quality (6) Resolving water - related conflicts, improving local and regional water self-sufficiency and reducing reliance on imported water (b) Protect the public from catastrophic floods by idennfving and mapping the areas most at risk inspecting and repairing levees and flood control facilities, and reducing the long -term costs offlood management, reducing future flood risk and maximizing public benefits by planning, designing and implementing multi- objective flood corridor projects (c) Protect the rivers lakes and streams of the state from pollution loss of water quality and destruction offish and wildlife habitat (d) Protect the beaches, bays and coastal waters of the state for future generations (e) Revitalizing our communities and making them more sustainable and livable by investing in sound land use planning local parks and urban greening 750035 The people of California further find and declare that the growth in population of the state and the impacts of climate change pose significant challenges These challenges mustbeaddressed through careful planningand through improvements in land use andwater management that both reduce contributions to global warming and improve the adaptability of our water and flood control systems Improvements include better integration of water supply, water quality flood control and ecosystem protection as well greater water use efficiency and conservation to reduce energy consumption 75004 It is the intent of the people that investment of public funds pursuant to this division should result in public benefits 75005 As used to this division, the following terms have the following meanings (a) Acquisition means the acquisition oft, fee interest or any other interest in real property including easements leases and development rights (b) Board 'means the Wildlife Conservation Board (e) California Water Plan" means the California Water Plan Update Bulletin 160 -05 and subsequent revisions and amendments (d) Delta' means the Sacramento -San Joaquin River Delta (e) Department' means the Department of Water Resources (f) Development' includes but is not limited to the physical improvemenf of real property including the construction of facilities or structures (g) Disadvantaged community means a community with a median household income less than 80% of the statewide average "Severely disadvantaged community" means a community with a median household income less than 60% of the statewide average (h) "Fund means the Safe Drinking Water Water Quality and Supply, Flood Control River and Coastal Protection Fund af2006 (i) "Interpretation" includes, but is not limited to, a i color serving amenity that educates and communicates the significance and value of natural, historical and cultural resources to a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation 0) Local conservation corps" means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406 (k) Nonprofit organization means any nonprofit corporation * * * TEXT OF PROPOSED LAWS qualified to do business in California, and qualified under Section 501 (c)(3) of the Internal Revenue Code (1) `Preservation' means rehabilitation, stabilization, restoration, development and reconstruction or any combination of those activities (m) Protection means those actions necessary to prevent harm or damage to persons property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition development, restoration preservation and interpretation (n) 'Restoration means the improvement of physical structures or Jacildies and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species prescribed burning fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination and other plant and wildlife habitat improvement to increase the natural system value of the property Restoration projects shall include the planning, monitoring and reporting necessary to ensure successful implementation of the project objectives (o) Secretary means the Secretary of the Resources Agency, (p) State Board" means the State Water Resources Control Board 75009 The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 1006 which is hereby created Except as specifically provided in this division the money shall be available for appropriation by the Legislature, in the manner and for the purposes set Jorth in this divi cion in accordance with the following schedule (a) The sum of one billion five hundred twenty five million dollars ($1,525 000 000) for safe drinking water water quality and other water projects to accordance with lice provisions of Chapter 2 (b) The sum of eight hundred million dollars ($800000,000) for flood control projects in accordance with the provisions ofChapter 3 (c) The sum of sixty five million dollars ($65, 000 000) for statewide water management in accordance with the provisions of Chapter 4 (d) The sum of nine hundred twenty eight million dollars ($928000000) for the protection of rivers lakes and streams in accordance with the provisions of Chapter 5 (e) The sum of four hundred fifty million dollops ($450000,000) for forest and wildlife conservation in accordance with the provisions of Chapter 6 (f) The sum offive hundred forty million dollars ($540000,000) for the protection of beaches bays, and coastal waters and watersheds in accordance with the provisions of Chapter 7 (g) The sum offive hundred million dollars ($500,000 000) for state parks and nature education facilities in accordance with Chapter 8 (h) The sum offive hundred eighty million dollars ($580 000 000) for sustainable communities and climate change reduction projects in accordance with Chapter 9 CHAPTER 2 SAFE DRINKING WATER AND WATER QUALITY PROJECTS 75020 This chapter is intended to provide the funds necessary to address the most critical water needs of the slate including the provision of safe drinking water to all Californians theprotection ofwater quality and the environment and the improvement of water supply reliability 75021 (a) The sum of ten million dollars ($10000,000) shall be available to the Department of Health Services for grants and direct expenditures to fund emergency and urgent actions to ensure that safe drinking water supplies are available to all Californians Eligible projects include but are not limited to the following (1) Providing alternate water supplies including battled water where necessary to protect public health (2) Improvements in existing water systems necessary to prevent contamination or provide other sources of safe drinking water including replacement wells (3) Establishing connections to an adjacent water system (4) Design purchase installation and initial operation costs for water treatment equipment and systems * * *Text of Proposed Laws 1 139 ��r TEXT OF PROPOSED LAWS * * * (b) Grants and expenditures shall not exceed $250,000 per project (c) Direct expenditures for the purposes of this section shall be exempt from contracting and procurement requirements to the extent necessary to take immediate action to protect public health and safety 75022 Thesumojonehundredeightvmtlliando llars($180, 000,000) shall be available to the Department of Health Services for grants for small community drinking water system infrastructure improvements and related actions to meet safe drinking water standards Priority shall be given to projects that address chemical and nitrate conta nnuous, other health hazards and by whether the community is disadvantaged or severely disadvantaged Special consideration shall be given to small communities with hmitedfinancial resources Eligible recipients include public agencies and incorporated mutual exact companies that serve disadvantaged communities The Department of Health Services may make grants for the purpose of financing feasibility studies and to meet the eligibility requirements for a construction grant Construction grants shall he limited to $5,000, 000 per project and not more than twenty five percent ofa grant may be awarded in advance ofactual expenditures The Department of Health Services may expend up to $5 000, 000 of the funds allocated in this section for technical assistance to eligible communities 75023 For the purpose of providing the state share needed to leverage federal funds to assist communities in providing safe drinking water the sum offifti, million dollars ($50000,000) shall be available for deposit into the Safe Drinking Water State Revolving Fund (Section 116760 30 of the Health and Safety Code) 75024 For the purpose of providing the state share needed to leverage federal funds to assist communities in making those infrastructure investments necessary to prevent pollntmn ofeirmking watersources, the sum ofetghty million dollars ($80 000 000) shall be available for deposit into the State Water Pollution Control Revolving Fund (Section 13477 of the Water Code) 75025 The suns of sixty million dollars ($60,000000) shall be available to the Department of Health Services for the purpose of loans andgrants for projects to prevent or reduce contamination ofgroundwaler that serves as a source of drinking water The Department of Health Services shall require repavment for costs that are subsequently recovered from parties responsible for the contamination The Legislature may enact legislation necessary to implement this section 75026 (a) The sum of one billion dollars ($) 000,000 000) shall be available to the department for grants for projects that assist local public agencies to meet the long term wafer needs of the state including the delivery ofsafe drinking water and the protection of water quality and the environment Eligible projects must implement integrated regional water management plans that meet the requirements of this section Integrated regional water management plans shall identify and address the major water related objectives and conflicts within the region consider all of the resource management strategies identified in the California Water Plan and use an integrated multi- benefit approach to project selection and design Plans shall include performance measures and monitoring to document progress toward meeting plan objectives Projects that may be funded pursuant to this section must be consistent with an adopted integrated regional water management plan or its Junctional equivalent as defined in the department's Integrated Regional Water Management Guidelines must provide multiple benefits and must include one or more of the following project elements (1) Water supply relabdity, water conservation and water use efficiency (2) Storm water capture storage, clean -up treatment, and management (3) Removal of invasive non- native species the creation and enhancement ofwetlands and the acquisition protection, and restoration of open space and watershed lands (4) Non point source pollution reduction management and monitoring (5) Groundwater recharge and managementprojects (6) Contaminant and salt removal through reclamation, desalting and other treatment technologies and conveyance of reclaimed water for distribution to users (7) Water banking exchange reclamation and improvement of water quality 140 1 Text of Proposed Laws * * * (8) Planning and implementation of mulnpurposef )oodmanagemeni programs (9) Watershed protection and management (10) Drinking water treatment and distribution (11) Ecosystem and fisheries restoration and protection (b) The Department of Water Resources shall give preference to proposals that satisfy the following criteria (1) Proposals thateffecti vel y integrate water manogemenfpt ograms and projects within a hydrologic region identified in the California Water Plan, the Regional Water Quality Control Board region or subdivision or other region or sub - region specifically identified by the department (1) Proposals that effectively integrate water management with land use planning (3) Proposals that effectively resolve significant water - related conflicts within or between regions (4) Proposals that contribute to the attainment ofone or more of the objectives of the CALFED Bav -Delta Program (5) Proposals that address statewide priorities (6) Proposals that address critical water supply or water quality needs for disadvantaged communities within the region (c) Not more than 5% of the funds provided by this section may be used far grants or direct expenditures for the development updating or improvement of integrated regional water management plans (d) The department shall coordinate the provisions of this section with the program provided in Chapter 8 ofDivision 26 5 of the Water Code and may implement this section using existing Integrated Regional Water Management Guidelines 75027 (a) Thefundmgprovided in Section 75016 shall be allocated to each hydrologic region as identified in the California Water Plan and listed below For the Saudi Coast Region the department shall establish three sub- regions that reflect the San Diego county watersheds the Santa Ana River watershed, and the Los Angeles — Ventura County watersheds respectively and allocate funds to those sub - regions The North and South Lahontan regions shall be treated as one region for the purpose of allocating funds but the department may require separate regional plans Funds provided in Section 75026 shall be allocated according to the Jollowing schedule (1) North Coast $37,000,000 (1) San Francisco Bay $138 000,000 (3) Central Coast $52,000000 (4) Los Angeles sub- region $215,000000 (5) Santa Ana sub- region $114000,000 (6) San Diego sub - region $9100(),000 (7) Sacramento River $73000000 (8) San Joaquin River $57000000 (9) 7Llare/Kern(Tulare Lake) $60,000000 (10) North /South Lahontan $27000000 (11) Colorado River Basin $36000,000 (12) Inter- regionallUnallocated $100000,000 (b) The interregional and unallocated funds provided in subdivision (a) may be expended directly or granted by the department to address multi- regional needs or issues ofstatewide significance 75028 (a) The department shall allocate grants on a competitive basis within each identified hydrologic region or suh- region pursuant to Section 75027 The department may establish standards andprocedures for the development and approval of local project selection processes within hydrologic regions and sub - regions identified in Section 75027 The department shall defer to approved local projeciselecnon, and review projects only far consistencv with the purposes afSectton 75026 (b) If a hydrologic region or sub - region identified in Section 75017 does not have any adopted plan that meets the requirements of Section 75026 at the time of the departments grant selection process, the funds allocated to that hydrologic region or sub - region shall not be reallocated to another region but will remain unallocated until such time as an adopted plan from the hydrologic region or sub - region is submitted to the department 75029 Thesum ofone hundredthirty million dollars ($130 000 000) i * * *TEXT OF PROPOSED LAWS POSITION J4 CONTINUED) for 'he purposes of those sections shall be )PRO rr rw[ed to the department f a nrfo million dollars ( %40 000 00 Shall that iement Delta water nPP 75032 5 The sum f j rants to imP lies The saw of nor Fiord Protecfma Corridor Princes pr eels ilia[ Pro drinking water supP tblz available to the depa Vz million dollars the department for groins enazs Eligible are cons+stenI with Water Code Seh Shall be available to undred seventy five far roil control quality improvement p 1 cost share from local ug 75033 The sum of two department shall require a es of salt dissolved 275 000 000) slwit be avarlable fa the department or levee failures prajeds are consulate, ai(ufaNS to the San projects m the Delta designed to increase tholendal for en[ s aol( wing (a) Projects that reduce or dither p or the f ¢snndes pathogens an other pollutants shall be available projects op) subsurface respond to level rovided by this sectionshaBtbe evadable f orgame carbon P ands provided um ➢alley for The j ur ses r aye emergency response preparedness to reduce or ¢limrnote drschargutnoftiver and the P P° Joaquin River Not less than forty million (g40 00 to implement project, rom the west side of SonSJ ngaaq (a) Projects m imp water quah7v in the o Do is' 6 of the Pulp... of "u rating bromide, commencing with Section 129801 f the purpose of P es of fb) Local assistance under the delta levee maintenance su yen + Delta reduce ar e , and pathogens from discharges program under Part 9 ( ier 2 (commencing (6) Projects chat esneidec and Puthag the Water Code ra eere under Chap including dissolved orgamc carbon salt P Delta that (c) SPecwl flood prole 4 9 at i the Water Code. other locations ire the with Section 12310) of Part 4 8 0l Dn,tsion 6 ° and restoration o water pre serva«an projection meetmutapie objectives m he Sacramento River rt,allayal and deal Ing Projects for the acqutslose (flood canter! and to (c) projects at Franks Tract and ration and water supply alkitants at ag ur aqua ton Drinking Water Delia La s dr for g w P uahry ecosystem recto Will reduce seGruty or other p such as dunking water 4 intakes sub Ye to the P10vtsions of Wafer Code prior, for design and construc¢on of rebabdtry (d) Prolects+dentfiedinthe June2 iv far design eg d All proleots shat) be J Quality Management Plan i wr o P drinking walzrmmke fact" goo $$delta wafer users rot Section 79050 htvmhe Purposes(ol8l'he the relocation of teen is dollars ($15,000 000) shaft be O Thesumofon dewarimentgfor the Purposes f funding revennon 75029 5 The sum offif rants to Pubtte agencies and non -p g or" ollu ants 1 *am 75034 rod control and g Shalt be available to the costs ofJi o"rnmenf have reduce the discharge of P state s share of the nonf required by the federal 8 available to ihe tateo)zetsdthaf g organizations for P ace waters of the state commenting with under eratians into surface Projects for which alocal acencYq agricultural ap a local ag and whteh have been out onz provided by a 1945 (ChaPier 1 ( o Parib been p with Section 72639) Cha ier CHAPTER FLOOD CONTROL Chapter (,Om Fl funding needed the State Wafer Resources Law the Flood Control Law n 6 if ( P loth as the Section the water Code) Part 6 Of Dwiston 6 of the Water 75030 This chapter is intended to P as levee tnspeenan and ptvian 6 of and the effectiveness of of with Section 12A00) of Drvrsirn 6 of the rod cantroland anpu y+ng o part 6 of [o address chart perm flood or crnteal immedram flood 3 (commencing Wilk Section 12850) f encies pursuant ondplmn mapping undmgf rovrdealramewark Code) an California water ahed Protection and Flood Law evaluation fi ruse and providtngf more (Chapter (commencing o Seenon 12585 5 and emergency response ut thesfate Bpsalso+ntended top including the creditsubd7vloaoa ob afa co temznt Chapter controineedsthrougha na ement Water Code), the Water Code,and to imP Water ra rams better fioodplatn ma g Drvf 1 6 of the to support long perm slratecees prat will require the estab dity bet ° Sections 12N66 3 and 12866 4 °) o Part 6 of habddy and responsibdnv between the 7o Sections 72585 3 and !2583 4. effective Ievee rnampenanee P g 3 5 (iommencmg with Section j2840) j ter l07i) projects ebgihie I" lording pursuant to OO Chapter shall comply and more balance allocation vernments Ag 1147 (Statutes of 2002 t((can doliars ($30,000,000) shag Code Proj federal state and local govern i thirty m oodPlmn mapping with the requirements a( 75031 The sum f far the purposes offi flood risks artmenl J figure STATEWIDE WATER PLANNING AND DESIGN be avarlable to the ase planning and to ill are or reduce( CHAPTER 4 75041 The sum of sixry five million dollars ($ feasibility Studies hall be and dam geai land-use p or Planning and jeas+bdny studies supply and damages Ebgibie Projects include but nee nothmrte to (a) Mapping floodpimns or California s water stied t to the existing and Page" future needs J ubrc (b) Mapping rod risk rn high s The studies shah be dehe tiro! areas with potential for urbanization roaches that maximize The p h densuy urban available to the deparrmen conveyance and flood uln �belnegt app the Public from (c) Mapping and uiennflcanon of fl Inc iudm8 Protection of promote mtegrafed uahty acidic sh, wddlt(e and hab+wf areas rod haaard areas benefits of the overall system water q (d) mapping fl am mops goods, water suPPIY "Itabil t¢ wager (ej Updating outdated flo nip projects to be fundead 7s coot the stale s oodplains alluvial fans, and coasts! flood climate change imp system redesign protection and restoration ment of (f) mapping ofrmermefi a) Evaluation of dro raphtc survey data (a) flood control systems and threlic e benefits ursuant hazard areas o ra rte and hY g Ve mtlbon doliars supply and fl tabdtty and P (g) Collecting top g P hundred . eveguY five e Ianof ondfeaubihiv sd+dies p o two alternatives to Improve adap 75032 The sum f (b) Surface water smrag P potential for rUV and capabilov to the CALFED Bay -Delta Program ( 5275 0020001 shall be available to the deportment for the (oHowing p0 (c/ Modeling and ( su Iv through coordinating ro eels the 11119 rat" easrbrhty wa�ers t ppvaivate the eontrolP 1 env of an Road Protection and (a) Thz mspecnon and evaluation of improving g rove the aril control Prn3�I facilities and the development a and reservoir operations and feasibdtiy studies necessary to imp of eztsting fi stable flood control rehabtmad o��t an and reloeanon of groundwater storage Iv systems repair o(cro,cal bank (d) Other planning economically ' (b) Improvement construaidn es including integration of good control and wafer Sapp LAkkS AND STREAMS flood contra! levees wens or bvP arimenYs emergency response pRTeFCTION OF RIVERS, and levee erosion the dep CHAPTER 5 ht oulban dollars rave sum of nine hundred twenty eig (c) Projects to imP 75050 The vadable for the protection and a land,twafer, ea,abd+ty ($928000.000) shall be a schedule (dj Enwronmental mitigation and infrastructure �Iemen +�a muitt- revers lakes and streams 7re+r watersheds and assawped Ian related to pr ejects under this Section e department shall imp million dollars (S 1A0, lion With (e) To the exleni leambie, and veins that would rnetude, but and other rwturai resources hundred eighty e Wit (5130 the fe In co ernent apP'hie, forfi p restoration and (a) The sum of ro ects Of ratecvon ecosystem artmen[oJ out ash Gro resale atio pia�on wn objective manag oadP shaJibeavadable to the-De coasmlfi not be l rot ro inerzased fi section 13340 0l the Government pre department for BOO Delia °nil farmland rote f 141 75032 4 Natwiphstand S * * * TeXi of P,,,Osed Lads Code the funds allocamd in Secuans 73031 and 75032 are continuous W .- CA TEXT OF PROPOSED LAWS * * it the funds provided in this section up to $20 000,000 shall be available for the development of a natural community conservation plan bw the CALFED Bav -Delta Program and up to $45 000 000 shall be available for coastal salmon and steelheadfishery restoration projects that support the developmetn and implementation ofspecies recovery plans and strategies for salro aid species listed as threatened or endangered antler state or federal law (b) The sum of ninety million dollars ($90 coo 000) shall be available for projects related to the Colorado River in accordance with the following schedule (1) Not more than $36,000 000 shall be available to the department for water conservation projects that implement the Allocation Agreement as defined in the Quantification Settlement Agreement (1) Not more than $7000,000 Shall be available to the Depot Orion! of Fish and Game for projects to implement the Lower Colorado River Multi- Species Habitat Conservation Plan (3l $47000 000 shall be available for deposit into the Salton Sea Restoration Fund (e) The sum of fifty four mdbon dollars ($54,000000) shall be available to the department for development rehabilitation acquisition and restoration costs related to providing public access to recreation and fish and wddbfe resources in connection with state water project obligations pursuant to Water Code Section 11912 (d) The seem of seventy two million dollars ($72 000 000) shall be available to the secretary for projects in accordance with the California River Parkways Act of 2004 Chapter 3 8 (commencing with Section 5750) of Divison, 5 Up to $10 000,000 may be transferred to the Department of Conservation for the Watershed Coordinator Grant Program (e) The sum of eighteen million dollars ($18 000 000) shall be available to the department for the Urban Streams Restoration Program pursuant to Water Cade Section 7048 (f) The sum of thirty six million dollars ($36 000 000) shall be available for river parkway projects to the San Joaquin River development of facilities to support local conservation corps programs and for local resource conservation activities (m) The sum of ninety million dollars ($90000000) to the state board for matehtng grants to local public agencies for the reduction and prevention ofstormwater contamination ofnvers, lakes andstreams The Legislature may enact legislation to implement this subdivision (n) The sum of one hundred million dollars ($100,000 000) shall be available to the secretary for the purpose of implementing a court settlement to restore flows and naturally-reproducing and self - sustaining populations of salmon to the San Joaquin River between Friant Dam and the Merced River These funds shall be available for channel and structural improvements and related research pursuant to the court settlement The secretary is authorized to enter into a cost - sharing agreement with the United States Secretary of the Interior and other parties as necessary to implement this provision CHAPTER 6 FOREST AND WILDLIFE CONSERVATION Conservancy (g) The sum of seventy two million dollars ($72,000,000) shall be available for projects within the watersheds of the Los Angeles and San Gabriel Rivers according to the following schedule (1) $36000,000 to the San Gabriel and Lower Los Ange[¢s Rivers and Mountains Conservancv pursuam to Division 22 8 (commencing with Section 32600) (2) $36,000,000 to the Santa Monica Mountains Conservancy for implementation of watershed protection activities throughout the watershed of the Upper Los Angeles River pursuant to Section 79508 of the Water Code (h) The sum of thirty six million dollars ($36 000 000) shall be available for the Coachella Valley Mountains Conservancy (i) The sum of forty five million dollars ($45000, 000) shall be available for projects to expand and improve the Santa Ana River Parkway oj Prec( funding shall be appropriated to the State Coastal Conservancy for projects developed in consultation with local government agencies participating in the development of the Santa Ana River Parkway Of the amount provided in this paragraph the sum of thirty million dollars ($30 000,000) shall be equally divided between projects in Orange San Bernardino and Riverside Counties 0) The sum of fifty four million dollars ($54000000) shall be available for the Sierra Nevada Conservancy (k) The sum of thirty six million dollars ($36000,000) shall be available for the California Tahoe Conservancy (1) The sum of forty five million dollars ($45 000 000) shall be available to the California Conservation Corps for resource conservation and restoration projects and for facilities acquisition development restoration and rehabilitation and for grants and stale administrative costs in accordance with the follow mg schedule (1) The sum of twenty five million dollars ($25000,000) shall be available for projects to improve public safety and improve and restore watersheds including regional and community fuel load reduction projects on public lands, and stream and river restoration projects Not less than 50% of these funds shall be in the form of grants to local conservation corps (2) The sum of twenty million dollars ($24000,000) shall be available for grants to local conservation corps for acquisition and 142 1 Text of Proposed Laws * * * 75055 The sum offourhundredfif ty million dollars ($450,000 000) shall be available for the protection and conservation of forests and wildlife habitat according to the following schedule (a) Notwnhstandmg Section 13340 of the Government Code the sum afore hundred eighty million dollars ($180000,000) is continuously appropriated to the board fn forest conservation andprotecnon projects The goal of this grant program is to promote the ecological integrity and economic stability of Caltforma s diverse native forests for all their public benefits through forest conservation preservation and restoration of productive managed forest lands forest reserve areas redwood forests and other forest types including the conservation of water resources and natural habitats for native fish, wildhfe and plants found on these lands (b) (1) Notwithstanding Section 13340 oftlte Government Code the sum of one hundred thirty five million dollars ($135, 000 000) is hereby conitnuouslyapproprtatedto theboardfor the development rehabilitation restoration orqutsuuon and protection of habitat that accomplishes one or more of the following objectives (A) Promotes the recovery of threatened and endangered species (B) Provides corridors linking separate habitat areas to prevent fragmentation (C) Protects significant natural landscapes and ecosystems sit as u old growth redwoods, nixed conifer forests and oak woodlands riparian and wetland areas and other significant habitat areas (D) Implements the recommendations of California Comprehensive Wildlife Strategy, as submitted October 2005 to the United Stales Fish and Wildlife Service (2) Funds authorized by this subdivision may be used for direct expenditures or for grants and for related state administrative costs, Pursuant to the Wildlife Conservation Law of 1947 Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code, the Oak Woodland Conservation Act, Article 3 5 (commencing with Section 1360) of Chapter 4 ofDovision 2 of the Fish and Game Code, and the California Rangeland Grazing Land and Grassland Protection Act commencing with Section 10330 of Division 104 Funds scheduled in this subdivision may be used to prepare management plans for properties acquired by the Wildlife Conservation Board and for the development of scientific data habitat mapping and other research informal,,, necessary to determine the prionues for restoration and acquisition statewide (3) Up to twenty five million dollars ($15 000 000) may be granted to the University of California for the Natural Reserve System for matching grants for land acquisition and for the construction and development of facilities that will be used for research and training to improve the management of natural lands and the preset vation of California s wildlife resources (c) The sum of ninety trillion dollars ($94000000) shall be available to the board far grants to implement or assist in the establishment of Natural Comrnumty Conservation Plans Chapter 10 (commencing with Section 2800) of Division 3 ofthe Fish and Game Code (d) The sum of forty five million dollars 045 000,000) shall be available for the protection of ranches farms and oak woodlands according the following schedule (1) Grazing land protection pursuant to the California Rangeland, Grazing Land and Grassland Protection Act commencing with Section E! i TROPOSMON 84 CONTINUED) 10330ofDrvrsto1104 * �1 utth Sect�ak rdoodlandPr, 81500000(1 —�_ -�_ OF PRO POSE F) ese"I'lum D p (3)S15000 (100of Chatter 4 of Drvts,md u ° fthee3 S(c °mmenC1n a snrx ��� O�G �J (al The _ P'ar (4) T, d s r an' Prag atn Act oj19y5 ursuam t0 the and Game Park rail" mte'Yrerp a neat'f °rkslandRecrea to40 000 p!! 0 land Set /ton ergo 0000, / sh )o Ot, 09"eultura(Ihe board l r01r 51o000000nc�lc 1 ( <onrmem,,dg,,d, �rPnaItmem fparksnatural historr p!I and epee drntffan d vthe meat, acrdu Sants udu o ectron 00 es With 0s assts/ tmer, sect", spend, Drior�es creations !7 mclu r serwn8 resources s1-11 5S 0000 ec Ystem restgrpdon and w rating (7) There for the Andy aPProprraedollowtng Tie CHAP rest r pupsuangoals TER 7 dl fe Park system lands and ehabdpahore an PROTECTIp,}, OF BFA 1 jacr¢hes dm+prov this CH /The ea 75060 CoASTAb uA7ER5' BA)S 4ND D°Pulatton andsha f So, shallbe 7lld,,W d, pun K ate sh fortteprot vmitlto crderra rlrxKp°ofhl slaJemers axdtn fleet thest growing rt available water dredfort el mrludm ectma fbe nda or %coastal will gprojea is to Preven( ties baDspn eogs5 t 540, 000 000/ nafury ers and ware cant be a c eprote dOni tore expenduar habhat values rsheds, aounahon tywatersamt va lobed IS call huxd nS'earpax 7307/I SO th b4sedou th Of the ateemtaPo daze nuhs to and ref a),rnd`4nds ca anp a$ /area the pedfif rgl u1 ni °�tandrtm �to acrks Q�l4rSe8!¢1ta(10000 the en nil qn rese d )shall CIS ltatbba suer if, lheiolZewing Schedule1coastal resoat", tnstuulmtt a4ua ums asepr�da uhgnst� and 4utpmeId, giants to thest 4nd coast¢( grdjar the oredo((ars (5y00000 _ Wafer Purpose OOlshallb C'leaxB sir °m polluho°fttt¢tchrnKKrailefor lavadable PY1S1raq( fare PopulgbI s Drvrsmn 1(l ties Pr°Kram n and t°su ewua Protechn to the re at nclude those f¢cr(it11 and ncludm Ion - 'S co bolaue '� nuturp[ histor Wall, nto Ores too assist thosetoan 35 full 1000 sh encrnmrnaltSepurs ant oche, msfrluao fir maP 0jNaith tq on 'e deco °ller� nsr mdQ hit tire set,, drvlrrbhV ss 00t gwrtk the ns re as ojS Senetes to co all be jot r n 30y /S) o to bmldrn s ne wild! fe con x cullures 10 the Drogrpnrs related with ocean alaarl b� toah� al t(t Mofthgfa ds a!! to eb hpr�e Calrforbopj re del h 1 g J' lint a tar d �s�l nil jar of h"i ese t the o!!eb used stud! be d uc Cr d t p hnr 1 in t 9 r me ti cdro c r n use () Tliesu d ni Wallife co hs shall be m, m °l4nehundred tho-ty ve R1j,,m lan (°m miss, vzstgx CHAPrER9 SUST nservaf[on loasuumto Dii,sle jar the Stale Jive mdldon dollar, Division ?I Coastal s (8135, AJNABIE C'OMMUN77 ATF (1) The s eight Conserppncv jar ex 000,000/ 75065 CWA'VGE RFDU I£S.4Nq CL7M Pursuaa avpzlabl6 ', he Shundred g t mdla Pexdrnrre shall be av Thesumoffrvehu CTJON One t to Cl!¢ jar t an Fr x d n 2 ¢rioted ndreder allot Pte' g50 unctsco 84), Area .hurs(PON 0000 Cabjoemas ca tor rmprovrn ghti fadzotrdo(!¢ ated by tits pgrp b Orvismn Coasery 00) Pappas mmun d" I $the sustain rs($580, 000 drammg direct Par P shall 1! Not less tha pncY Program m P ses gjtbs cha hrough "'vest 4brhr nil 000) (di IY to the Pacifa Ocebe eXpended °n r 0 ' °l thefin global warm"' Purmelade reiZucm Sent rn daturm r liWbrlity of The Su kn P olects ds while t K and Kirr es, ea, Protection ofye San a o� jive Stilton dollars to watersheds aiddob(e rr accorde 9uabiv iftiing their adaptab ldraunrtres'c mr,ldtro • Y to b, as to /laws ntca Bq /5450 aide wtt f rn /hare ,n (!) T° /he 1 an dus waters 00000) for the h thefoll, mu Uiv�sr(1)l3 'Sant hods shall be avar(ab for ubaan Thee, ojmnitvMr4tond0 ss be yse nudes and g ° MoMe Co !e water, rmPgovenpigpeolecty that reduce /590edU1e000)shal! °d e halm e (eommenang With e N7ountar 000, dwm Section 13000 nservaxev puns benefits Prraru, and water a loo, consu l�uvarlable Balloon C, the Bal Hills xc) 810, Pursuant use 1 shall b 9 alrtg rn ekeR,1, Cahservq 000 000 f° exdsl no m ubit, ands, Krverz commlectstrhm pravine mptrotrom nsnf/y (3) To the Hills watershed )' jor the jne +JUate sery other (e) The spmtversand,{fomtlarns CO 51000oh(g) otecpa4 of the baUlemenun§ le fPublic resovr nudes With he ultrpte benefits, Palectdnn °l forty five nservano� $ /5000 8reemag P, igramslall" shall Prods andutvesfinextsgreat,,, need, and State Coastal g4ont"cl, Be;, and dmdban dollars lg4S 000 urban jotestry Not less tha rile jor Planning nclu h, schools tha(ti Tlie shM o rvaent nrtllm r�aheds shall be p0 arl b!e °, the b16aP(hr Z (eommenang With Sactrn0 to ahla,h shall be nos edable jar Slchan ojSgtt f !w Y seven the ) The sumo 479 l ma an F ate Coastal g °B¢Y andad nil °liars 4dable fjour lumda ) °lPart1 ,try 4,f (g) The , C'onservam v lucent at, for rte grants far !oradhe bepartment 0 d indlron dollars ($40o,00006,0) 5 gf0m,,on / allot um % oilier all beau omm" t0 the CalrjormaY mrlb,, doll. ("o 000 to arlable may be all ex CO Dcean to rmplementq red 1-� x Purporer COW Section 35650 Protection 000/ shall be htssa dnK ngpr Srams prnds pr led rn t a Petrlove! is he stn Qthe Pj1�Je pm n srsfscr with if e'll" on 65 S) an build var(ab[a t ommum! arks that ro d de sdomentoohe j k °Wrreto legislation deral ontaraton t e(o th Se 3J )and P th4 fed Parks th ve o 9 co ct jOQF1 so tutnaLmaps the develop"' n11 esa nrcludrng to a rh�aPti e(yeraannKel smdibegt�ela °n( fpm'k�pn Heil ce tee eaAOnal access, 1- un eYSe ed andrmplememaho d( rres using toax�nd emplem andtonlVeloP eels of (3) out Preference to Khborhogds whet ¢ntlY e e no Prole°ts °ndgraxt ° %Pro under reach and ne can xis( CIi4P7FR R Q,4RKS ns a rIIartne Wddbfte development orPrograms roman umties to toe" Id assistance shall he 75063 AND NA 7U f Pa Provided to shall be The ennp i RE EDUCATION /: i°m "Oull bTerence shy( be K1 sd rtilrPafron in he pr 8 am avat(ancludy j� Public dal n pis ACJGJTJES (S) protect' 'red group m he selection IV Its fh¢t actry all of Cyzfortaa eta provide d mill doll s 91wh 1, ccord,:seP>tbbnenderslacdngse resou,nd�r�a ou�(be °j he0�gl�e of pl4n tr7h sum °Imexety desrgne Provide ej crept userof walerrolve ces o1- d to g f all accord, uce h t an es o act fgr Poll °wrngscheduek"'ledge of thosenerauons and progr4mston grants and planning, ldolldes (590 /1 / /0,0 and e resources, in andlaryland other methods to n rncenuv0, rnclu00 /1 llbepvad +'educe automat 1- foodsshut are dentourage the d1Ye otgK rev °lorngl fie e°mpact dev use andjrrelci geed Pnrenro and' elOPment 1OPromote xater coujreKiona/ 1vt /ghee urb Prot nsumphon, enenura sercdo,r ¢nand comet cc mrsurces and ag�eultu a an Text of Proposed Laws 1 143 xa , t# { TEXT OF PROPOSE() LAWS 75066 Approprou"aofhe fundsprovzded to subdivisions (a) an (e) of Section 75065 may only be +mplement that subdivision made upon engetmenl of legislation t CHAPTER 10 M /SC£LLANEpUS PROVISIONS 75070 Byery proposed aeamty or project to be financed Qto this division ahall be to compliance with the Cate uahtrAct, Division B cam Pursuam [ meacmg wah Section 21000) Envrroreniental 750704 Acgu'olums ofreafewp .typursuant to Chapters 5, 61 7, In this 8 and 9 shall be from willing sellers 750705 Notmorethan 5 %a o that division miry be used topav the the fund, aredated to anv Pr °gram j program ,t he administration 75071 In evahmare restoratro, forthe KPlatur al projects that include acquisition Or of Parks and purpose ofna[uolresourceprettecuon the Dip,"I e"I steal! Recreation the board and the State C s.... em gtveistic, } toprojects thatdemonstrafe o aortal Cons charaeten -sues tie or more oj[hefoilow rig (a) Landscape /yabilat Linkages properties that link to or contribute to finking existing Protected areas with other large blocks of ProtectedhabVio'Linkages mustservelo connect exishn _ combine wildlife mavememor botamca [transfer, and regPeoreected nab el combined acreage (b) Watershed Protect ", projects that call ate Protection of and Improvement to the water and bi Streams to long-term aquifers, ared [errestri 0 ateecal guattty of the the major biological regions o/ the of priority watersheds Ageney as rdentifred by the of Resources (c) Properties that sit major habaattypes PPor !relative /y[argeareasofunder- r (d) Pro P otecte pertres that pro vide habitat linkages between major brologuol regions ofthe state two or more (e) Properties for which there is a noa-state toward the or which restoratio, stewardshl Ahatchin contribution g"ma"buttons can be either monetary p or management costs nc[udmg volameerservices or rn the form m ofservue,, (fJ At least fourteen do vs before approving an acquisition project funded (0 this division a, agency subject to this section shall how th Resources and post on ifs websue an how the ro etplanauan as to whroherund P posed ac Depart meets criteria established n this section 7e stal The Department of Parks and Recreation and the .Sete Coastal Conservancy sha[, work with the Department the board, Of Defense to coordinate the development United Stales around mrlttm v facilities facilitate the Contra ens o To the f buffer areas and promote the h th at>anon recreation operation o To the extent conwsle,t w and agencies lm f hose support ra eets that meets he pu�POSes o v providfunding e star, to p j agencies ma X5071 Up to 1"Perceno 1Wrs ection by this it' vision may be used to nannds atloeatedforeach ro r for the successful design sele tion�andrrmplementalmn o Kam fureded outhorrzedunderthatprogram T gandmilon If thnecessary the funds ordnartl use his Provision shall not othern Ore restrict drawn s, Y d by an agegcv for Peebmi,ary plans, ' work" K and Project as defined a the Annual Bud et a Integrated outlay project or rant K be integrated into the K Project Water qualm K get far admnzstered by the stare board a eater Ambient Mom on itonng shall 750715 ng Program its watersheds hoc theparposes ojSecaon 75060(e) WanIerevB all be considered to be watersheds rivers and streams m Santa Cruz and A4onter of those rivers and southward, ared mcludm, ev Counties#owing to the MontereyBav 75071 6 K the Carmel River watershed adjacent wolersh ox lac Rees 01-Se Secuan J5060(J) San Diego Bar and Diego County he coavml and bay n a tan Diego San r 750717 Far purposes of Section 75060(d/ Santo Alonrca Bgy and watershed includes the warm[ and 75 + A River Angeles Couretresfrom Calleguas Creek southward tosthe Ventura rid B 75073 d d for thepurposes ofrennbursing the Ge,eralpy,d ° Heritage Preservation Tax Credit Act "eral F pursuant to the Natural with Section 37000)) (Division 28 c 75074 (mnmenerng Intent 1rt enacting Chapters 5 6 7 and 8 of this it, a rs the jorsueh 1eople that when aproject orprggram isjmrdedherwn funds Program orpraag,a y be used m the fu(( extent quthorezed by he statute governing the program or conservancy recervng such fazes ed I The body awarding anv contract for 'Pull c works project financed rz mry part from funds made available chap adopt and enforce or contract with a thtrdPUrsuant to this drvuto, compliance program pursuant to s,hdrvrsron bparty to enforce, a labor 1771:5 for application to thatpubbc xarks pro ((ct of Labor Code Section 75076 Chapter 3 5 (commencing with Section 1/340 0 1 of D/1 'Sion 3 of Till, 1 of the Government Code d development and adoption of ) f Part adoptedpursuant to this chapter ogram does not apply to the guidelines and selection criteria a 75077 Funds provided pursuant to this chapter and anv 11 Pproprtauon or transfer of leOse funds, shall not be deemed to be a transfer afjunds far the purposes of Chapter 9 /comet + 1780) ofprviszaz 3 ofthe Fish and Game Code e icing with Seaton Of 75078 The Secretary shall provide for an independent expended pursuant to this division fo ensure that expended to accordance audit secretary e with requirement, at all moneys are v shall ublmh f all Program of this division The Pursuant to this division not less than oually n and w Project expenditures post to electronic form of the list on the Resources Agency's as, an sha /T 8 y's Internet 10 7ew The Secretar, en review the annual audit shall appoint ° c)ti're advisor ensure that the °nil to idemr v committee e Zlemen ur fy and recommend actions w Purposes are met by the agenetes responsible for implementation of this division CHAPTER It i''ISCAL PROVISIONS 75080 Bonds to Ilse total amount offrve billion three hundred and eightyeightgbonddollars(g538, L700 000) not n+du three anv refunding boredsissued in accordance with K the amount h thereof as is necessary may be Issued and sold toihe used8 arsorying out the purposes set forth m this division and to be used to reimburse the General Obligation Bottom for carrying 16724 5 ofthe Government Code Revolving Fund pursuant to Section the Safe Drinkin tide The bond proceeds shall be deposited'. and COaSIal Pr gWater Water Quality and Supply Flood Cox shall when sold bet and cod a12006 eregtedby Section 75009 Theban River s State ofca /forma mid the fullfullI ,led an like Stale bb he bonds hereby pledged for he Kation of the on the bonds as they becometdue andpavabeoth r fCahfornm rs Principal incipal oJ,,d,,,,,e,t led i The bonds authorized by this dzvzs"n shall be r executed issued, sold paid and redeemed as proytded in General Obligation Prepared 16710 g p Kahan Bond Law Chapter 4 the State Proviso` f art 3 ofD'visron 4 of7ide 2 o the(commencIng with Se n ns ofthar law shall a f Covernmem Code and all hereby Incorporated pp,v fo the bonds and to this dlyrs(an and are P aced n +his divrs,,, by this reference as though forth to this division 75081 K fully Sol sale ur tin Solely for he purpose ofauthorMli P d h to the State General Obligation Bong L the issuance and authorized by this dwision the Safe Dunkin Law ° the b Supply Flood Control River and Co K Water f ands Water Quality and rs hereby erected For purposes g astal Pratecton Finance Committee Water Quality and Sap Ply Flood Control River andafe Drinking Water Finance Committee rs 'the commatee Coastal protect',, State General Obligation Bond as that term is used by Controller the Director ofFrnanceaw The commatee shall consist o the epresentalives The Treasur...h and the Treasurer flhe majority alt set ve ,their designated j v of the rommutee may act set the co airperson q/ the coin (b) For mmittee miaee Bo Law the secretary s designated gand the State General Obligation Ponds scheduled" 75083 Thecommetteeshalldetea' thebe..it or that are not designated a. Chapter 5, 6 or desirable to Pa. competitive r 7 and 8 ofthrs air vision issue bonds authorized notaas grant programs ma to carry out the action pursuant to necessary v also be used bonds to as specked in this dtvtsion andhtf so'visii n in order i4%1 Text of Pro be issued line sold Successive issues ofbonds may be authored posed Laws * * * amount of * * *TEXT OF PROPOSED LAWS (PROPOSITION 84 CONTINUED) SEC 3 Parental Nonfieatt °n termsshnll nsntunon, to tea ro ressively, and a is not 1 necessary Section, 32 is a F d to Article 1 of the Cabfornia o lowing one time SEC 32 (a) For purposes ofihis section theJ out thane actions p g means to terminate the and sold to carry f0 be pregnant, except (or that all of the honds authorized ill bz issued be sold at an (t) ,Abortion ` means the use of am is collected in addition ro the he defined to mean 75084 There shalt be eoltezted annually to the saw' to Pay he 'Abortion" shalt not uolude the use m an amount reg pregnancy al fp uneinane Pave birth r known all at the same time as °the state,, sumuz each year, and a is the heP one ofProducmg an [he basis Of or device which ordinary revenues of the bonds mat urtnf„ regard fo the callection urc means a condition litotes the medical P of and interest an, with any duty to any con drub ency all o jf+czrs charged by Wiv (2) "Medina! ernerg ud ment so come to necessitate the duty of PC arm each and every act that is reecessory ° ood -forth clinical! g minor os or which a of the revenue to do so and P ( the Government Code the phvsremn sng Y¢gnanI Enamor empato avert her death or J collect That addi[ianal sum Secnon 73340 of ay, urPoses of this condition of p her pregnancy airmentOf 75()85 Notwithstanding immediate abortion of substanaa( and irreverstb[ei ro rialedlrom the Genera(t fo�! °wing Si tied and dated by a there is hereby aPP P uaI the total of vilowi l of and nazresI delay Witt create serious riskof guardian of d alt and a mayor bodily function Pay the p "Nonce means n written naaf+canon arent or 8 Ssary to division an amount that will e9 as the principal (3) a it and addressed to a P guard that she is (a) The suni annually pursuant to this division the parent or g an bonds issued and old able physician or his or her a8 m farming rowsionsm'Sectian an uneman , pated none uestzd an abortion interest bee"" andP to carry out Thep that she has reg notice or regnant and uardian" means a person who a[ [hz nmorents have (b) The sum which is ut reessuad to fiscal years (4) Parent or g is either o Parent if both Parents the legal 751186, appr °Prated wrthouf g carrying out this division the Director p required under this section, having legal cus[adw For the purposes of tom the General Fund of an atom or p 75086 al custody ar the parent minor zo )g ears of Finance Mal awhortze the withdrawal f the unsai out thmtda'`isiovn 7 goer is Ye an unemancip curate under the age f 18y ears purpose of carrying made guard +an of iaedminor "means of for the P P money (j) 'finenvy arriage and isnot an ell A d "amid r the amount or amounts not to exceed the rim °P j of r the fund Any of been authorized to be sold f ur ones rethis section, Pregnanev m the Ponied Money, who has not entered into ova Stn Anv amounts wuhdrawn shalt be dep armed services of the United States"' has not received a deeioranon ° hands that emancip eo 7R years available taller this section shall be returned omthhe s !e o f b nd. Plus titian under stat�mafe unite the age f manes received f -means a>d Person authored under the statutes ,he interest that [he amounts would have carne er orm an abortion upon an wool investment Aaoun+ from red in that food (6) Physician California top f would A ts¢ be dep premium and accrued interest on does rot eman,rinnehe State of 75087 Al( money derived from p Joe transfer tO the and regulations of other provision of end+turen far band mferest Section 1 oJArnclz I or any edmat emergency be unemaneipared minor and except in a m bonds sold shall be reserved and shad he ,,,,able ( Natwnhsmadmg er orm an bonds issued or sold pursuant to }his division may a physician shalt not perform or the Genera( Fund nn a credit toose Division 4 75088 Any refunding t hisConstitutionointaubdi }hs+att[(f)ry of honds in accordance with Article b) Pay or guardian Part 3 0( Of Chapter 4 of on a pregnant unemanelPated minor unn7 the P oral of at � refunded by the "If, Section 16180) J Approval be the effectors of the state as provided rovided wrtten notice to her p 6 (commencing royal of the issuance of abortion up en[ hasp • of Tide 2 of the Gayer °bonds shall m�lude aPP previously physician s ag provided for in subdivision (c) and a reflection n bonds angmaity issued or any p personally as sod after persoIII delivery of nD mail as Peas hded for the issuance of the resume that nonce has been delivered by bonds mian carp ecnon Pen ad If It least 4N ha tor the any bands issued to refund any p or unni the physician tiding Caafarma hereby find and declare that least 48 hours has e tip issued refunding of and a roll mail, 75090 The People o bands authorized by th's n,s resumed delivery of n °tree by of a waiver proceeds from the sale f Article X1178 after prv+sion (d) inasmuch as theP tares asthaitermisihese Proceeds is not after agent has received a valid sera nos 'Ever 01 copy noab)¢A roceeds of physician's ag or until thep drvrsioaare not P th¢dis al article of far subdivison (e), provided in subdtv+a" (h) li' with the One aaent� hall Of the California constitution waiver shall be return he physic s % !nation thereof f Physician or hcanons otthe of nanftcan °n from the court a subject to the bmaanon imposed by s article cOPy of any nonce or The P guardian may receive SEC 2 If any provision of this Act "the rov scans or app lieanon, envision ar app mmm's mzdsal retards ardian mvand,thatn's e ny shall not o ocIochermvandP ,rent or gu form the unemaneipated minor that her parent ar rven effeot wide le of rovided Jor m this section act which can beg covtstons of ibis act are severable power of the Peop notice as p ¢tit unless delivered and to this end the P and The (c) The wittier nonce shall bed +s °cian[o forge P safety, the phYprian or the Physician or the nonce shall be SEC ] Thos Act is an eror�t Aof heir health, personally by A form f ed to effectuate those ur ones airmen[ of Health Services The notice f English the State of California for chop by mad as provided to subdimsiou ( curl Voter prescribed by the State Dep amsh and also avadabte m Eng and shall be liberally eonstro I c mEngfish and Sp which California Off tl 7 N o 5 shat! be biting ua es in Pi�OPOSIT O O and each of }he other fang g eo loin accordance with Pablo ed tense Information Guides are (d) The anent s ar guardron's last known address ctron 8 of the Californi a constitution endsthe Cahtorma Conautubon writer nonce may be delivered by certified mat This imnatove measure is sahmnted to the p P the Provisions of Article ll, `.>e ressly am CO osed t° be added io t,eparent or guardian at theP !I also be sent at ueai r and re I 1 , d dedvery to the addressee ° This mittahve measur therefo�e, new ProytalDnsP P o thewriitennou "esha I section thereto, are new with return receipt re9 ,rent orguardtan Notice can only by adding a o indicate that they help ensure timely nonce a copy f ihissubdrvisoan are P anted m antic type [he same time by first -elass mail to they pyZOPOSED LAW be presumed m have been delivered under theyroevi ular °nail delivery does vs an which g At noon of the notSecond counting fanvtdgwn ten notice sent by certified Mal' was 1 Tule postmarked, lace SECTION be cued as the Parents Right not take be waived by her Parent (z) Nance of an unemancipat¢d minor s intent (a obtain an Abortion This measure silo!! be knowu and may at least 48 hours MAY °Yin prescribed by the sand Purposes uardran to Know and Child Protection Innoa ry citing interest m and the refiecnon perod ° u tied by a parent or g SEC 2 Declaration of Finding octal and comp of children, em v on the form that or guard +an The wetter a iSery cesrisig on Thee P State Department of arentorguard+an shall sp or until }he minors eo le aF Califotma have a tip c peen fled date tecnng the health and wotell a� health - related or until a P f' titer[ and responsibility for Pro r0 eels informed of p omottng and dared and MStriz or 3d days that Parents are P P their children. and pr the waiver is 1 f C The writ ton waver need not be roataraed ift eP edIcal ing onalbiluy eighteenth birthday Laws 1 145 risks and atenk 1 care and leap o pS6d enabling p * * * Text of Prop -i-